The Challenge Of A Model Penal Code

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An Introduction To The Model Penal Code

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Author : Markus D. Dubber
language : en
Publisher: Oxford University Press
Release Date : 2015-03-10

An Introduction To The Model Penal Code written by Markus D. Dubber 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 2015-03-10 with Law categories.

In this second edition of his well-received introductory overview of the Model Penal Code, Markus Dubber retains the book's original aim to serve as an accessible companion to the Code. Professor Dubber unlocks the Model Penal Code's potential as a key to the study of American criminal law for law students and teachers, and for anyone else with an interest in understanding the basic contours of American criminal law. While the book's general goal and basic approach remain unchanged, its content has been thoroughly revised. Citations to primary and secondary materials have been updated and supplemented where appropriate. The American Law Institute's ongoing revision of the Code's sentencing and sexual offense provisions has been taken into account. Also, the comparative analysis found sporadically throughout the original edition has been expanded in places to provide additional context.

The Challenge Of A Model Penal Code

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Author : Herbert Wechsler
language : en
Publisher: Hassell Street Press
Release Date : 2023-07-18

The Challenge Of A Model Penal Code written by Herbert Wechsler and has been published by Hassell Street Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-18 with categories.

This influential book presents a comprehensive analysis of the American legal system and proposes a radical reformulation of criminal law. The author argues that the current system is characterized by a confusing array of inconsistent and arbitrary rules, and proposes a unified Model Penal Code that would provide a clear and consistent framework for criminal law. Drawing on his experience as a leading legal scholar and practitioner, Wechsler provides a compelling argument for the need for fundamental reform of the American legal system. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

The Concept Of Mens Rea In International Criminal Law

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Author : Mohamed Elewa Badar
language : en
Publisher: Bloomsbury Publishing
Release Date : 2013-01-30

The Concept Of Mens Rea In International Criminal Law written by Mohamed Elewa Badar and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-30 with Law categories.

The purpose of this book is to find a unified approach to the doctrine of mens rea in the sphere of international criminal law, based on an in-depth comparative analysis of different legal systems and the jurisprudence of international criminal tribunals since Nuremberg. Part I examines the concept of mens rea in common and continental legal systems, as well as its counterpart in Islamic Shari'a law. Part II looks at the jurisprudence of the post-Second World War trials, the work of the International Law Commission and the concept of genocidal intent in light of the travaux préparatoires of the 1948 Genocide Convention. Further chapters are devoted to a discussion of the boundaries of mens rea in the jurisprudence of the International Criminal Tribunals for the former Yugoslavia and Rwanda. The final chapter examines the definition of the mental element as provided for in Article 30 of the Statute of the International Criminal Court in light of the recent decisions delivered by the International Criminal Court. The study also examines the general principles that underlie the various approaches to the mental elements of crimes as well as the subjective element required in perpetration and participation in crimes and the interrelation between mistake of law and mistake of fact with the subjective element. With a Foreword by Professor William Schabas and an Epilogue by Professor Roger Clark From the Foreword by William Schabas Mohamed Elewa Badar has taken this complex landscape of mens rea at the international level and prepared a thorough, well-structured monograph. This book is destined to become an indispensable tool for lawyers and judges at the international tribunals. From the Epilogue by Professor Roger Clark This is the most comprehensive effort I have encountered pulling together across legal systems the 'general part' themes, especially about the 'mental element', found in confusing array in the common law, the civil law and Islamic law. In this endeavour, Dr Badar's researches have much to offer us.

The Dual Penal State

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Author : Markus D. Dubber
language : en
Publisher: Oxford University Press
Release Date : 2018-09-04

The Dual Penal State written by Markus D. Dubber 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 2018-09-04 with Law categories.

In The Dual Penal State, Markus Dubber addresses the rampant use of penal power in Western liberal democracies. The interference with the autonomy of the very persons upon whose autonomy the legitimacy of state power is supposed to rest is systemically normalized, rather than continuously scrutinized. The fundamental challenge of the penal paradox-the prima facie illegitimacy of modern punishment-remains unaddressed and unresolved. Focusing on the United States and Germany, and drawing on his influential account of the patriarchal origins of police power, Dubber exposes the persistence of a two-sided criminal justice regime: the dual penal state. The dual penal state combines principled punishment of equals under the rule of law, on one side, with punitive discipline of others under the rule of police, on the other. Slavery has long played a central role in drawing the line between the two sides of the dual penal state. In Europe, the slave appears in the classic and still foundational accounts of liberal punishment (from Beccaria to Kant) as the paradigmatic other beyond the protection of law, not a legal subject but a mere object of the master's or the state's discretionary discipline. In America, the patriarchal power to police portrays the continuum from the antebellum slaveholder's whipping of his slaves in private and the racial terror perpetrated by slave patrols in public, to the apartheid regime of Jim Crow and the treatment of prisoners as "slaves of the state," and eventually to the late 20th century's systemic racial violence of the “war on crime" and the widespread killing of Black suspects by an increasingly militarized and armed police force that triggered the global Black Lives Matter movement.

The American Law Institute

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Author : Andrew S. Gold
language : en
Publisher: Oxford University Press
Release Date : 2023

The American Law Institute written by Andrew S. Gold 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 2023 with Law categories.

The American Law Institute is the preeminent legal reform organisation in the United States and its centennial is a landmark event. This book brings together an outstanding group of expert scholars to provide an in-depth scholarly history of the ALI, its role in legal reform, and the various ways it has impacted law in the United States.

The Oxford Handbook Of Criminal Law

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Author : Markus D Dubber
language : en
Publisher: OUP Oxford
Release Date : 2014-11-27

The Oxford Handbook Of Criminal Law written by Markus D Dubber and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-27 with Law categories.

The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.

Criminal Justice Codification Revision And Reform Act Of 1974

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Author : United States. Congress. Senate. Committee on the Judiciary
language : en
Publisher:
Release Date : 1974

Criminal Justice Codification Revision And Reform Act Of 1974 written by United States. Congress. Senate. Committee on the Judiciary and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1974 with Criminal justice, Administration of categories.

Foundational Texts In Modern Criminal Law

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Author : Markus D Dubber
language : en
Publisher: OUP Oxford
Release Date : 2014-08-21

Foundational Texts In Modern Criminal Law written by Markus D Dubber and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-08-21 with Law categories.

Foundational Texts in Modern Criminal Law presents essays in which scholars from various countries and legal systems engage critically with formative texts in criminal legal thought since Hobbes. It examines the emergence of a transnational canon of criminal law by documenting its intellectual and disciplinary history and provides a snapshot of contemporary work on criminal law within that historical and comparative context. Criminal law discourse has become, and will continue to become, more international and comparative, and in this sense global: the long-standing parochialism of criminal law scholarship and doctrine is giving way to a broad exploration of the foundations of modern criminal law. The present book advances this promising scholarly and doctrinal project by making available key texts, including several not previously available in English translation, from the common law and civil law traditions, accompanied by contributions from leading representatives of both systems.

Reform Of The Federal Criminal Laws

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Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Criminal Laws and Procedures
language : en
Publisher:
Release Date : 1971

Reform Of The Federal Criminal Laws written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Criminal Laws and Procedures and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1971 with Criminal law categories.

Criminal Law

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Author : Guyora Binder
language : en
Publisher: Oxford University Press
Release Date : 2016

Criminal Law written by Guyora Binder 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 2016 with Law categories.

Concentrate Q & A Criminal Law offers unrivalled exam and coursework support for when you're aiming high. The new Concentrate Q & A series is the result of a collaboration involving hundreds of law students and lecturers from universities across the UK. The result is a series that offers you better support and a greater chance to succeed on your law course than any of its rivals. This essential study guide contains a variety of model answers to give you the confidence to tackle any essay or problem question, and the skills you need to excel. *Knowing the right answer is a start, knowing how to structure it gets you the highest marks: annotated answers guide you step by step through the structure of a great answer, and show you how to ensure you focus on the heart of the question *Recognize and recall: user-friendly layout ensures that it is easy to find key information, and diagram answer plans help you visualize how to plan and structure your answers *Aim high: avoid common mistakes, use the further reading suggestions to help you take things further and demonstrate your understanding of key academic debates to really impress *Don't just rely on the exam to pick up your marks: a unique coursework skills chapter offers advice on researching, referencing and critical analysis - not available in any other Q & A series This study guide is also accompanied by a wealth of online extras at www.oxfordtextbooks.co.uk/orc/qanda/ which include: *Additional essay and problem questions for you to practise your technique. Questions are annotated, highlighting key terms and legal issues to help you plan your own answers. An indication of what your answers should cover is also provided.