Justification Defenses And Just Convictions
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Justification Defenses And Just Convictions
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Author : Robert F. Schopp
language : en
Publisher: Cambridge University Press
Release Date : 1998-01-13
Justification Defenses And Just Convictions written by Robert F. Schopp and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-01-13 with Law categories.
This major study advances an interpretation of criminal justification defences that views them as an integral component of the structure of the criminal law. A definition of criminal law is included in this book.
Killing In Self Defence
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Author : Fiona Leverick
language : en
Publisher: OUP Oxford
Release Date : 2006-12-07
Killing In Self Defence written by Fiona Leverick and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-12-07 with Law categories.
This book is a comprehensive analysis of the criminal defence of self-defence from a philosophical, legal and human rights perspective. The primary focus is on self-defence as a defence to homicide, as this is the most difficult type of self-defensive force to justify. Although not always recognised as such, self-defence is a contentious defence, permitting as it does the victim of an attack to preserve her life at the expense of another. If one holds that all human life is of equal value, explaining why this is permissible poses something of a challenge. It is particularly difficult to explain where the aggressor is, for reasons of non-age or insanity for example, not responsible for her actions. The first part of the book is devoted to identifying the proper theoretical basis of a claim of self-defence. It examines the classification of defences, and the concepts of justification and excuse in particular, and locates self-defence within this classification. It considers the relationship between self-defence and the closely related defences of duress and necessity. It then proceeds critically to analyse various philosophical explanations of why self-defensive killing is justified, before concluding that the most convincing account is one that draws on the right to life with an accompanying theory of forfeiture. The book then proceeds to draw upon this analysis to examine various aspects of the law of self-defence. There is detailed analysis of the way in which, on a human rights approach, it is appropriate to treat the issues of retreat, imminence of harm, self-generated self-defence, mistake and proportionality, with a particular focus on whether lethal force is ever permissible in protecting property or in preventing rape. The analysis draws on material from all of the major common law jurisdictions. The book concludes with an examination of the implications that the European Convention on Human Rights might have for the law of self-defence, especially in the areas of mistaken belief and the degree of force permissible to protect property.
The Role Of Emotions In Criminal Law Defences
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Author : Eimear Spain
language : en
Publisher: Cambridge University Press
Release Date : 2011-09-29
The Role Of Emotions In Criminal Law Defences written by Eimear Spain and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-09-29 with Law categories.
The law has struggled for many years with the problem of how to accommodate those who commit crimes due to threats or circumstances. The modern ambivalence surrounding the defences of duress and necessity has its origins in the legal past. To date the defences of duress and necessity have been couched in terms such as compulsion, involuntariness and human frailty, resulting in the true nature of the defences being hidden. Psychologists and legal theorists have begun to re-examine the role of emotions in human action, including their effect upon behaviour and choice. In light of recent breakthroughs, Eimear Spain considers how the emotions experienced by those who act due to threats, both human and natural in origin, should affect the attribution of criminal responsibility and punishment. The understanding of emotions extrapolated in this book points towards a new rationale for the existing defences of duress and necessity.
Exceptions In International Law
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Author : Lorand Bartels
language : en
Publisher: Oxford University Press, USA
Release Date : 2020-06-18
Exceptions In International Law written by Lorand Bartels and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-18 with Law categories.
Many international obligations are subject to exceptions. These can be expressed in several ways: an obligation may be vitiated by the presence of one of its constitutive negative requirements, an obligation may be set aside by the application of another more specific rule, or an actor might have a right to act in a certain way notwithstanding a contrary obligation. Exceptions are also of fundamental practical importance: for example, they affect the allocation of the burden of proof. This volume provides a systematic and analytic study of exceptions to legal obligations in international law and defences for breaches of these obligations. It features contributions written by legal philosophers, who introduce various theoretical approaches to the role of exceptions, and scholars of international law, who elaborate on generic issues applicable to exceptions in international law as well as examine specific issues arising from exceptions in their respective areas of expertise. Topics covered include the use of force, international criminal law, human rights, trade, investment, environment, and jurisdictional immunities.
Moral Puzzles And Legal Perplexities
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Author : Heidi M. Hurd
language : en
Publisher: Cambridge University Press
Release Date : 2018-11-22
Moral Puzzles And Legal Perplexities written by Heidi M. Hurd and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-22 with Law categories.
Engages with the life and work of Larry Alexander to explore puzzles and paradoxes in legal and moral theory.
Justification And Excuse In The Criminal Law
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Author : John Cyril Smith
language : en
Publisher:
Release Date : 1989
Justification And Excuse In The Criminal Law written by John Cyril Smith and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Backpacking categories.
General Defences In Criminal Law
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Author : Alan Reed
language : en
Publisher: Routledge
Release Date : 2016-04-15
General Defences In Criminal Law written by Alan Reed and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-15 with Law categories.
The law relating to general defences is one of the most important areas in the criminal law, yet the current state of the law in the United Kingdom reveals significant problems in the adoption of a consistent approach to their doctrinal and theoretical underpinnings, as exemplified by a number of recent developments in legislation and case law. A coherent and joined-up approach is still missing. This volume provides an analysis of the main contentious areas in British law, and proposes ways forward for reform. The collection includes contributions from leading experts across various jurisdictions. Part I examines the law in the United Kingdom, with specialist contributions on Irish and Scottish law. Part II consists of contributions by authors from a number of foreign jurisdictions, all written to a common research grid for maximum comparability, which provide a wider background of how other legal systems treat problems relating to general defences in the context of the criminal law, and which may serve as points of reference for domestic law reform.
First Strike
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Author : Mark Totten
language : en
Publisher: Yale University Press
Release Date : 2010-09-21
First Strike written by Mark Totten and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-09-21 with History categories.
Can the use of force first against a less-than-imminent threat be both morally acceptable and consistent with American values? This book offers historical examination of the use of preemptive and preventive force through the lens of the just war tradition.
Merciful Judgments And Contemporary Society
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Author : Austin Sarat
language : en
Publisher: Cambridge University Press
Release Date : 2011-10-31
Merciful Judgments And Contemporary Society written by Austin Sarat and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-10-31 with Law categories.
Merciful Judgments and Contemporary Society: Legal Problems, Legal Possibilities explores the tension between law's need for and dependence on merciful judgments and suspicions that regularly accompany them. Rather than focusing primarily on definitional questions or the longstanding debate about the moral worth and importance of mercy, this book focuses on mercy as a part of, and problem for, law. This book is a product of the University of Alabama School of Law symposia series on 'Law, Knowledge and Imagination'. It explores the ways law is known and imagined in a diverse array of disciplines, including political science, history, cultural studies, philosophy and science. In addition, books produced through the Alabama symposia explore various conjunctions of law, knowledge and imagination as they play out in debates about theory and policy and speak to venerable questions as well as contemporary issues.
Criminal Law Theory
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Author : Stephen Shute
language : en
Publisher: Oxford University Press, USA
Release Date : 2002
Criminal Law Theory written by Stephen Shute and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Law categories.
Concentrating upon those doctrines that make up the general part of the criminal law this collection of essays by leading American and British legal experts sheds theoretical light on key issues of contemporary relevance.