The Limits Of Criminal Law
DOWNLOAD
Download The Limits Of Criminal Law PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get The Limits Of Criminal Law book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
The Limits Of The Criminal Sanction
DOWNLOAD
Author : Herbert Packer
language : en
Publisher: Stanford University Press
Release Date : 1968-06-01
The Limits Of The Criminal Sanction written by Herbert Packer and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1968-06-01 with Social Science categories.
The argument of this book begins with the proposition that there are certain things we must understand about the criminal sanction before we can begin to talk sensibly about its limits. First, we need to ask some questions about the rationale of the criminal sanction. What are we trying to do by defining conduct as criminal and punishing people who commit crimes? To what extent are we justified in thinking that we can or ought to do what we are trying to do? Is it possible to construct an acceptable rationale for the criminal sanction enabling us to deal with the argument that it is itself an unethical use of social power? And if it is possible, what implications does that rationale have for the kind of conceptual creature that the criminal law is? Questions of this order make up Part I of the book, which is essentially an extended essay on the nature and justification of the criminal sanction. We also need to understand, so the argument continues, the characteristic processes through which the criminal sanction operates. What do the rules of the game tell us about what the state may and may not do to apprehend, charge, convict, and dispose of persons suspected of committing crimes? Here, too, there is great controversy between two groups who have quite different views, or models, of what the criminal process is all about. There are people who see the criminal process as essentially devoted to values of efficiency in the suppression of crime. There are others who see those values as subordinate to the protection of the individual in his confrontation with the state. A severe struggle over these conflicting values has been going on in the courts of this country for the last decade or more. How that struggle is to be resolved is a second major consideration that we need to take into account before tackling the question of the limits of the criminal sanction. These problems of process are examined in Part II. Part III deals directly with the central problem of defining criteria for limiting the reach of the criminal sanction. Given the constraints of rationale and process examined in Parts I and II, it argues that we have over-relied on the criminal sanction and that we had better start thinking in a systematic way about how to adjust our commitments to our capacities, both moral and operational.
The Limits Of Criminal Law
DOWNLOAD
Author : Matthew Dyson
language : en
Publisher:
Release Date : 2018
The Limits Of Criminal Law written by Matthew Dyson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Comparative law categories.
From a framework of core principles, 'The Limits of Criminal Law' explores the normative and performative limits of criminal law at the borders of crime with tort, non-criminal enforcement, medical law, business regulation, administrative sanctions, terrorism and intelligence law. It carefully juxtaposes and compares English and German law on each of these borders, drawing out underlying concepts and building a detailed picture of what shapes criminal law, where its limits come from, and what might motivate legal systems to strain, ignore or strengthen those limits.
The Limits Of Criminal Law
DOWNLOAD
Author : Carl Constantin Lauterwein
language : en
Publisher: Routledge
Release Date : 2016-03-03
The Limits Of Criminal Law written by Carl Constantin Lauterwein and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-03 with Law categories.
This book compares the civil and common law approach to analyze the question - 'What sorts of conduct may the state legitimately make criminal?'. Through a comparative focus on an Australian and German context, this book utilizes interviews with Australian criminal law experts and contrasts them with the German model based on 'Rechtsgutstheorie'. By comparing the largely descriptive, criminology-based Australian approach with the more sophisticated German legal theory model the author finds the Australian approach to be suffering from a 'normative flaw', illustrated by the distinction of different approaches to the offences of incest, bestiality and possession of illicit drugs. Carl Constantin Lauterwein discovers that while there is strength in the common law approach of describing the possible reasons for criminalizing certain conduct, the approach could be significantly improved by scrutinizing the legitimacy of those reasons.
Overcriminalization
DOWNLOAD
Author : Douglas Husak
language : en
Publisher: Oxford University Press
Release Date : 2008-01-08
Overcriminalization written by Douglas Husak 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 2008-01-08 with Law categories.
The United States today suffers from too much criminal law and too much punishment. Husak describes the phenomena in some detail and explores their relation, and why these trends produce massive injustice. His primary goal is to defend a set of constraints that limit the authority of states to enact and enforce penal offenses. The book urges the weight and relevance of this topic in the real world, and notes that most Anglo-American legal philosophers have neglected it. Husak's secondary goal is to situate this endeavor in criminal theory as traditionally construed. He argues that many of the resources to reduce the size and scope of the criminal law can be derived from within the criminal law itself-even though these resources have not been used explicitly for this purpose. Additional constraints emerge from a political view about the conditions under which important rights such as the right implicated by punishment-may be infringed. When conjoined, these constraints produce what Husak calls a minimalist theory of criminal liability. Husak applies these constraints to a handful of examples-most notably, to the justifiability of drug proscriptions.
Prevention And The Limits Of The Criminal Law
DOWNLOAD
Author : Andrew Ashworth
language : en
Publisher: OUP Oxford
Release Date : 2013-01-31
Prevention And The Limits Of The Criminal Law written by Andrew Ashworth and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-31 with Law categories.
Exploring the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual, this volume arises from a three-year study of Preventive Justice. The contributions examine whether and when preventive measures are justified, whether within or outwith the criminal law, and whether they signal a larger change in the architecture of security. Preventive measures include controversial crime control approaches such as pre-inchoate offences, pre-trial detention, restraining orders, and prevention detention of the dangerous. There are good reasons to justify state use of coercion to protect the public from harm, but while the rationales and justifications for state punishment have been extensively explored, the scope, limits, and principles of preventive justice have not received the same attention. This volume, written by world renowned scholars from different disciplinary backgrounds and jurisdictions, redresses the balance, assessing the foundations for the range of coercive measures that states now take in the name of prevention and public protection.
The Moral Limits Of The Criminal Law Harmless Wrongdoing
DOWNLOAD
Author : Joel Feinberg
language : en
Publisher:
Release Date : 1988
The Moral Limits Of The Criminal Law Harmless Wrongdoing written by Joel Feinberg and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with Crimes without victims categories.
N this volume, Feinberg focuses on the meanings of "interest," the relationship between interests and wants, and the distinction between want-regarding and ideal-regarding analyses on interest and hard cases for the applications of the concept of harm. Examples of the "hard cases" are harm to character, vicarious harm, and prenatal and posthumous harm. Feinberg also discusses the relationship between harm and rights, the concept of a victim, and the distinctions of various quantitative dimensions of harm, consent, and offense, including the magnitude, probability, risk, and "importance" of harm.
The Structure And Limits Of Criminal Law
DOWNLOAD
Author : PaulH. Robinson
language : en
Publisher: Routledge
Release Date : 2017-10-23
The Structure And Limits Of Criminal Law written by PaulH. Robinson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-23 with Law categories.
This volume brings together a collection of essays, many of them scholarly classics, which form part of the debates on three questions central to criminal law theory. The first of these questions is: what conduct should be necessary for criminal liability, and what sufficient? The answer to this question has wider implications for the debate about morality enforcement given the concern that the "harm principle" may have collapsed under its own weight. Secondly, essays address the question of what culpability should be necessary for criminal liability, and what sufficient? Here, the battles continue over whether the formulation of doctrines - such as the insanity defense, criminal negligence, strict liability, and others - should ignore or minimize the extent of an offender's blameworthiness in the name of effective crime-control. Or, are methods of accommodating the tension now in sight? Finally, essays consider the question of how criminal law rules should be best organized into a coherent and clarifying doctrinal structure. The structure grown by the common law process competes not only with that of modern comprehensive codifications, such as the America Law Institute's Model Penal Code, but also with alternative structures imagined but not yet tried.
The Moral Limits Of The Criminal Law
DOWNLOAD
Author : Joel Feinberg
language : en
Publisher:
Release Date : 1984
The Moral Limits Of The Criminal Law written by Joel Feinberg and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1984 with Criminal law categories.
Modern Control Theory And The Limits Of Criminal Justice
DOWNLOAD
Author : Michael Gottfredson
language : en
Publisher: Oxford University Press
Release Date : 2019-10-01
Modern Control Theory And The Limits Of Criminal Justice written by Michael Gottfredson 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 2019-10-01 with Social Science categories.
In 1990 when Michael Gottfredson and Travis Hirschi published A General Theory of Crime, now often referred to as self control theory, it quickly became among the most discussed and researched perspectives in criminology. In Modern Control Theory and the Limits of Criminal Justice, Gottfredson and Hirschi develop and extend the theory of self control advanced in their classic work. Focusing on the methodology of testing crime theory and measuring behavioral research on crime and delinquency, they critically review the evidence about self control theory. Gottfredson and Hirschi further discuss evidence about the positive consequences of higher levels of self control from education, economics, and public health, that-along with evidence from delinquency and crime-show substantial support for the theory of self control. Illustrating the theory through predictions about policing, incarceration, juvenile justice, and the connection of immigration policy to crime, this book connects self control theory to the structure and function of the criminal justice system, then applies the theory to pressing issues of public policy about delinquency and crime.
Criminalising Harmful Conduct
DOWNLOAD
Author : Nina Persak
language : en
Publisher: Springer Science & Business Media
Release Date : 2007-06-04
Criminalising Harmful Conduct written by Nina Persak 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 2007-06-04 with Social Science categories.
This book explores the issue of legitimate criminalization in a modern, liberal society. It argues that criminalization should be limited by normative principles, defining the substance of what can be legitimately proscribed. Coverage provides a comparative study between two major criminal legal systems and its theories: the Anglo-American, on one side, and the Continental criminal legal system of Germanic legal circle, on the other.