Responsibility And Criminal Liability
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Responsibility And Criminal Liability
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Author : C.T. Sistare
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
Responsibility And Criminal Liability written by C.T. Sistare and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Philosophy categories.
autonomy principally in tenns of the agent's conscious choice of ends or conduct. From this, the cognitivist emphasis on mental states and their contents naturally follows. The presence of specified mental states, as signifying agent choice, thus becomes the hallmark of responsible conduct. Capacities model theorists, by contrast, interpret personal autonomy and agent responsibility in tenns of the looser notion of 'control'. From this perspective, conscious choosing is but one (highly responsible) instance of such control, and the presence or absence of mental states is primarily relevant to detennining degrees of responsibility. The examination of these two models occupies the bulk of this manuscript. Exploration of the capacities model and criticism of the orthodox view also generate treatment of legal issues such as the use of negligence liability, the nature of criminal omissions, the character of various legal defenses, and so on. Chapters 2 and 3 set out some of the thematic arguments outlined above and introduce tenninology and useful distinctions. Chapters 4 through 7 provide substantive analyses of agent responsibility and of standards of criminal liability. In these chapters, I argue for the comparative superiority of the capacities model of responsibility and offer recommendations for changes in current legal conceptions and standards of liability. Each chapter centers on an element of individual responsibility and related legal concerns. The final chapter, Chapter 8, comprises an overview of the integrated theory of responsibility and liability and its comparison with the traditional view.
Criminal Responsibility And Partial Excuses
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Author : George Mousourakis
language : en
Publisher: Routledge
Release Date : 2018-12-17
Criminal Responsibility And Partial Excuses written by George Mousourakis and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-17 with Law categories.
Publsihed in 1998, this book examines the relationship between responsibility and criminal liability through an analysis of provocation and related criminal defences. It begins by identifying fundamental questions about the role of justifications and excuses in the criminal law as they emerge from the discussion of philosophical theories of responsibility. Following an outline of the distinction between murder and manslaughter and its history, the basic doctrinal issues relating to the nature and rationale of provocation and other partial defences are then identified and discussed in depth, together with the circumstances under which these defences can be raised. Although the analysis focuses, for the most part, on English law, the references to other legal systems which are included in the work add an important comparative perspective to the discussion of the issues. The book should be of special interest to criminal lawyers, legal theorists and students interested in comparative criminal law and jurisprudence.
Corporations And Criminal Responsibility
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Author : Celia Wells
language : en
Publisher: OUP Oxford
Release Date : 2001-05-24
Corporations And Criminal Responsibility written by Celia Wells and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-05-24 with Law categories.
Contemporary concern about technological hazards posed by business enterprises has intensified interest in the criminality of corporations. Incorporating ideas from a wide range of literature, the book argues that there is no magic answer to corporate power, to issues of personal safety and their inter-relationship with criminal law and justice. The attention paid to corporate criminal liability by courts, legislatures, law reform bodies and international organizations has increased markedly in the past decade. As in the first edition, the book takes what might be called a panoptic approach to the subject. Corporations and their susceptibility to criminal law are examined from sociological, psychological, philosophical and organizational perspectives as the book progresses. This edition has been revised and updated to take account of the burgeoning scholarly literature. Detailed analysis of judicial and legislative movements in England and Wales, in other national jurisdictions and at the level of international organizations follows. Two new chapters, on corporate manslaughter and on comparative and international responses to corporate crime, accommodate these changes. The book is distinctive in combining legal analysis and discussion of law reform debates with a theoretical account of the relationship between legal institutions and the role of risk and blame in shaping criminal law and the practices of the criminal justice system.
Answering For Crime
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Author : R A Duff
language : en
Publisher: Bloomsbury Publishing
Release Date : 2007-11-16
Answering For Crime written by R A Duff and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-11-16 with Law categories.
In this long-awaited book, Antony Duff offers a new perspective on the structures of criminal law and criminal liability. His starting point is a distinction between responsibility (understood as answerability) and liability, and a conception of responsibility as relational and practice-based. This focus on responsibility, as a matter of being answerable to those who have the standing to call one to account, throws new light on a range of questions in criminal law theory: on the question of criminalisation, which can now be cast as the question of what we should have to answer for, and to whom, under the threat of criminal conviction and punishment; on questions about the criminal trial, as a process through which defendants are called to answer, and about the conditions (bars to trial) given which a trial would be illegitimate; on questions about the structure of offences, the distinction between offences and defences, and the phenomena of strict liability and strict responsibility; and on questions about the structures of criminal defences. The net result is not a theory of criminal law; but it is an account of the structure of criminal law as an institution through which a liberal polity defines a realm of public wrongdoing, and calls those who perpetrate (or are accused of perpetrating) such wrongs to account.
Individual Criminal Responsibility For The Financing Of Entities Involved In Core Crimes
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Author : Laura Ausserladscheider Jonas
language : en
Publisher: BRILL
Release Date : 2021-12-28
Individual Criminal Responsibility For The Financing Of Entities Involved In Core Crimes written by Laura Ausserladscheider Jonas and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-28 with Law categories.
Anchored by the normative framework, this book aims to clarify the basis for individual criminal liability for persons who finance entities that perpetrate core crimes. The objective of this monograph is to clarify the rules to enable international courts and tribunals to identify the extent to which individual criminal liability attaches to the financing of core crimes, as well as the legal basis for such liability. By clarifying the criminal liability of individual who finance entities that perpetrate core crimes, this book also seeks to clarify the mental elements of the mode of liability of aiding and abetting. This is achieved through a thorough analysis of the applicable rules in the international arena, as well as through the comparative analysis.
Punishment And Responsibility
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Author : H. L. A. Hart
language : en
Publisher: OUP Oxford
Release Date : 2008-03-06
Punishment And Responsibility written by H. L. A. Hart and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-03-06 with Law categories.
This classic collection of essays, first published in 1968, has had an enduring impact on academic and public debates about criminal responsibility and criminal punishment. Forty years on, its arguments are as powerful as ever. H.L.A. Hart offers an alternative to retributive thinking about criminal punishment that nevertheless preserves the central distinction between guilt and innocence. He also provides an account of criminal responsibility that links the distinction between guilt and innocence closely to the ideal of the rule of law, and thereby attempts to by-pass unnerving debates about free will and determinism. Always engaged with live issues of law and public policy, Hart makes difficult philosophical puzzles accessible and immediate to a wide range of readers. For this new edition, otherwise a reproduction of the original, John Gardner adds an introduction engaging critically with Hart's arguments, and explaining the continuing importance of Hart's ideas in spite of the intervening revival of retributive thinking in both academic and policy circles. Unavailable for ten years, the new edition of Punishment and Responsibility makes available again the central text in the field for a new generation of academics, students and professionals engaged in criminal justice and penal policy.
The Relationship Between State And Individual Responsibility For International Crimes
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Author : Béatrice I. Bonafè
language : en
Publisher: BRILL
Release Date : 2009
The Relationship Between State And Individual Responsibility For International Crimes written by Béatrice I. Bonafè and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
This book offers a unique comparison between state and individual responsibility for international crimes and examines the theories that can explain the relationship between these two regimes. The study provides a comprehensive and systematic analysis of the relevant international practice from the standpoint of both international criminal law, and in particular the case law of international criminal tribunals, and state responsibility. The author shows the various connections and issues arising from the parallel establishment of state and individual responsibility for the commission of the same international crimes. These connections indicate a growing need to better co-ordinate these regimes of international responsibility. The author maintains that a general conception, according to which state and individual responsibility are two separate sets of secondary rules attached to the breach of the same primary norms, can help to solve the various issues relating to this dual responsibility. This conception of the complementarity between state and individual responsibility justifies co-ordination and consistent application of these two different regimes, each of which aims to foster compliance with the most important obligations owed to the international community as a whole.
Crime Punishment And Responsibility
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Author : Rowan Cruft
language : en
Publisher: Oxford University Press
Release Date : 2011-07-14
Crime Punishment And Responsibility written by Rowan Cruft and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-07-14 with Law categories.
For many years, Antony Duff has been one of the world's foremost philosophers of criminal law. This volume collects essays by leading criminal law theorists to explore the principal themes in his work. In a response to the essays, Duff clarifies and develops his position on central problems in criminal law theory. Some of the essays concentrate on the topic of criminalization. That is, they examine what forms of conduct (including attempts, offensiveness, and negligence) can aptly qualify as criminal offences, and what principled limits, if any, should be placed on the reach of the criminal law. Several of the other essays assess the thesis that punishment is justifiable as a form of communication between offenders and their community. Those essays examine the presuppositions (about the nature and function of community, and about the moral structure of atonement) that must be embraced if communication is to be a primary role for punishment. The remaining essays examine the nature and limits of responsibility in the law, as they engage with philosophical debates over 'moral luck' by investigating the ways in which the law can legitimately hold people responsible for events that were not within their control. These chapters tie the first and third parts of the book together, as they explore the relationship between the principles that determine a person's responsibility and the principles that determine which types of actions can appropriately be criminalized. Finally, Duff responds with comments that seek to defend and clarify his views while also acknowledging the correctness of some of the critics' objections.
Collective Responsibility And Accountability Under International Law
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Author : Shane Darcy
language : en
Publisher: BRILL
Release Date : 2007-03-30
Collective Responsibility And Accountability Under International Law written by Shane Darcy and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-03-30 with Law categories.
Collective Responsibility and Accountability under International Law examines the extent to which the basic principle of individual responsibility accommodates liability for the acts of others. It examines the debates and legal developments surrounding collective responsibility under international law. The philosophical debates on collective responsibility provide an introduction to the examination of whether collective responsibility is ever appropriate or even lawful under international law. As the international criminal justice project begins to flourish, it is of paramount importance that the extent of the potential liability of individuals for the acts of others is clarified and held up to rigorous scrutiny. It is of equal importance that there is a clear understanding of whether the means of responding to ongoing violations of international humanitarian law can include measures based on collective responsibility. Global events have created an impetus for the parameters of responsibility to be clearly defined. The rise of non-State actors within the international legal regime raises complex questions surrounding their status, power and the means for holding them accountable. Published under the Transnational Publishers imprint.
International Criminal Responsibility
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Author : Ottavio Quirico
language : en
Publisher: Routledge
Release Date : 2019-02-12
International Criminal Responsibility written by Ottavio Quirico and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-12 with Law categories.
In the course of the 20th and 21st centuries, major offences committed by individuals have been subject to progressive systematisation in the framework of international criminal law. Proposals developed within the context of the League of Nations coordinated individual liability and State responsibility. By contrast, international law as codified after World War II in the framework of the United Nations embodies a neat divide between individual criminal liability and State aggravated responsibility. However, conduct of State organs and agents generates dual liability. Through a critical analysis of key international rules, the book assesses whether the divisive approach to individual and State responsibility is normatively consistent. Contemporary situations, such as the humanitarian crises in Syria and Libya, 9/11 and the Iraq wars demonstrate that the matter still gives rise to controversy: a set of systemic problems emerge. The research focuses on the substantive elements of major offences, notably agression, genocide, core war crimes, core crimes against humanity and terrorism, as well as relevant procedural implications. The book is a useful resource for practitioners, policymakers, academics, students, researchers and anyone interested in international law and politics.