The New Philosophy Of Criminal Law
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The New Philosophy Of Criminal Law
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Author : Chad Flanders
language : en
Publisher: Rowman & Littlefield
Release Date : 2015-12-16
The New Philosophy Of Criminal Law written by Chad Flanders and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-16 with Philosophy categories.
There is no more vivid example of a state’s power over its citizens than the criminal law. By criminalizing various behaviours, the state sets boundaries on what we can and cannot do. And the criminal law is in many ways unique in the harshness of its sanctions. But traditional criminal law theory has for too long focussed on the questions, “what is a crime?” and “what is the justification of punishment?” The significance of the criminal law extends beyond these questions; indeed, critical philosophical questions underlie all aspects of the criminal justice system. The criminal law engages us not just as offenders or potential offenders, but also as victims, suspects, judges and jurors, prosecutors and defenders—and as citizens. The authors in this volume go beyond traditional questions to challenge our conventional understandings of the criminal law. In doing so, they draw from a number of disciplines including philosophy, history, and social science.
Rethinking Criminal Law Theory
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Author : Francois Tanguay-Renaud
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-01-10
Rethinking Criminal Law Theory written by Francois Tanguay-Renaud and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-10 with Law categories.
In the last two decades, the philosophy of criminal law has undergone a vibrant revival in Canada. The adoption of the Charter of Rights and Freedoms has given the Supreme Court of Canada unprecedented latitude to engage with principles of legal, moral, and political philosophy when elaborating its criminal law jurisprudence. Canadian scholars have followed suit by paying increased attention to the philosophical foundations of domestic criminal law. Because of Canada's leadership in international criminal law, both at the level of the International Criminal Court and of specific war crimes tribunals, they have also begun to turn their attention to international criminal law per se. This collection seeks to bring all these Canadian voices together for the first time, and evidence the fact that criminal law theory is no longer to be associated exclusively with the older British, German and American traditions. The topics covered include questions of philosophical methodology, the legitimate scope of domestic and international criminalization, rationales for criminal law defences in both domestic and international law, the philosophical underpinnings of specific crimes and forms of joint responsibility, as well as the theorization of criminal procedure and evidence law. ENDORSEMENTS "In continental Europe, academic commentary on the criminal law has long manifested large philosophical ambitions. Less so in common-law countries, where the dominance of jury trial and the piecemeal development of case-law, together with the famously robust attitudes of common lawyers, have militated against detailed philosophical engagement with doctrine. Over the last 20 years or so, however, new generations of philosophically-literate lawyers and legally-informed philosophers have overcome the historic resistance. Nowhere more so, it seems, than in Canada, where the common law and civilian traditions meet. In 'Rethinking Criminal Law Theory', François Tanguay-Renaud and James Stribopoulos have joined with 14 talented Canadian colleagues to showcase the tremendous breadth and depth of their contemporary national contribution to the subject. Ranging across topics as diverse as emergency, obscenity, and insanity, these essays - without exception insightful and penetrating -set a high standard for the rest of us to aspire to.'' John Gardner, University of Oxford "'Rethinking Criminal Law Theory' is an excellent collection of essays demonstrating the vigour, creativity and range of Canadian criminal justice scholarship. It covers a wide range of problems and issues both in the domestic and the international context. Core questions are examined in depth and new questions are brought to the fore. I recommend it very highly to criminal lawyers and philosophers of the criminal law." Professor Victor Tadros, University of Warwick "'Rethinking Criminal Law Theory 'is packed with outstanding contributions from criminal law theorists who are among the best not only in Canada, but in the whole English-speaking world. Broad and deep in its coverage, the collection offers fresh approaches to a wide range of cutting-edge issues in the field. It provides a resource readers will come back to repeatedly." Stuart Green, Professor of Law and Justice Nathan L Jacobs Scholar, Rutgers University
Punishment And Responsibility
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Author : H. L. A. Hart
language : en
Publisher: Oxford University Press
Release Date : 2008-03-06
Punishment And Responsibility written by H. L. A. Hart 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 2008-03-06 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.
Philosophy Of Criminal Law
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Author : Francis Wharton
language : en
Publisher:
Release Date : 1880
Philosophy Of Criminal Law written by Francis Wharton and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1880 with Criminal law categories.
The Philosophy Of Criminal Law
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Author : Douglas N. Husak
language : en
Publisher:
Release Date : 2010
The Philosophy Of Criminal Law written by Douglas N. Husak and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
This volume collects 17 of Douglas Husak's influential essays in criminal law theory. The essays span Husak's original and provocative contributions to the major topics in the field, including the grounds of criminal liability, the significance of culpability, the role of defences, and the justification of punishment. The volume includes an extended introduction by the author, drawing together the themes of his work and exploring the goals of criminal theory. Together, the essays present a desert-based analysis of issues in criminal theory that rejects the consequentialist approach more familiar among legal scholars. The foremost concern of these essays is to ensure that the principles and doctrines of the criminal law preserve justice and do not sacrifice individuals for the common welfare. Engagingly written, the essays are accessible to non-specialists and represent an excellent introduction to current issues and debates in the theory of criminal law.
Oxford Studies In Philosophy Of Law
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Author : John Gardner
language : en
Publisher: Oxford University Press
Release Date : 2018-09-20
Oxford Studies In Philosophy Of Law written by John Gardner 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 2018-09-20 with Law categories.
Oxford Studies in Philosophy of Law is a forum for some of the best new philosophical work on law, by both senior and junior scholars from around the world. The essays range widely over issues in general jurisprudence (the nature of law, adjudication, and legal reasoning), the philosophical foundations of specific areas of law (from criminal law to evidence to international law), the history of legal philosophy, and related philosophical topics that illuminate the problems of legal theory. OSPL will be essential reading for philosophers, academic lawyers, political scientists, and historians of law who wish to keep up with the latest developments in this flourishing field.
Philosophical Foundations Of International Criminal Law
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Author : Morten Bergsmo
language : en
Publisher: Torkel Opsahl Academic Epublisher
Release Date : 2018-11-30
Philosophical Foundations Of International Criminal Law written by Morten Bergsmo and has been published by Torkel Opsahl Academic Epublisher this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-30 with Education categories.
This is the first volume in the series 'Philosophical Foundations of International Criminal Law: Correlating Thinkers'. The sister-volumes have the sub-titles 'Foundational Concepts' and 'Legally Protected Interests'. Together, the books in the series signal the arrival of a new sub-discipline of philosophy of international criminal law.
The Oxford Handbook Of Philosophy Of Criminal Law
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Author : John Deigh
language : en
Publisher: Oxford University Press
Release Date : 2011-09-22
The Oxford Handbook Of Philosophy Of Criminal Law written by John Deigh 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 2011-09-22 with Law categories.
This title contains 17 original essays by leading thinkers in the field and covers the field's major topics including limits to criminalization, obscenity and hate speech, blackmail, the law of rape, attempts, accomplice liability, causation responsibility, justification and excuse, duress, and more.
Criminal Law Making
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Author : José Becerra
language : en
Publisher: Springer Nature
Release Date : 2021-05-29
Criminal Law Making written by José Becerra and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-29 with Law categories.
This book intends to contribute to the consolidation of the new approach to lawmaking that has taken place in the last 20 years in legal philosophy and legal theory, spreading to other legal fields, especially criminal law. This new legislation science focusing on criminal problems has triggered a growing interest in the field, a dynamic which has led to a long-needed convergence of disciplines such as administrative law, criminal law, criminology, political science, sociology and, of course, legal philosophy to contribute to a more rational decision-making process for the construct of criminal laws. With the intention to continue on with the building of a solid “Criminal Legislation Science”, this work presents scholars, lawmakers and students various emblematic approaches to enrich the discussion about different and promising tools and theoretical frameworks.
Philosophical Foundations Of International Criminal Law Foundational Concepts
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Author : Morten Bergsmo
language : en
Publisher: Torkel Opsahl Academic Epublisher
Release Date : 2019-02-21
Philosophical Foundations Of International Criminal Law Foundational Concepts written by Morten Bergsmo and has been published by Torkel Opsahl Academic Epublisher this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-21 with Education categories.
This second volume in the series 'Philosophical Foundations of International Criminal Law' zooms in on some of the foundational concepts or principles of the discipline of international criminal law, with a view to exploring their Hinterland beyond the traditional doctrinal discourse. It contains eight chapters on concepts such as sovereignty, global criminal justice, international criminal responsibility for individuals, punishment, impunity and truth. Among the authors in this book are Christoph Burchard, Christopher B. Mahony, Milinda Banerjee, CHAO Yi, Javier Dondé-Matute, Barrie Sander, Max Pensky and Shannon E. Fyfe. The first volume in the series - Philosophical Foundations of International Criminal Law: Correlating Thinkers - correlates the writings of leading philosophers with international criminal law, including chapters on Plato, Cicero, Ulpian, Aquinas, Grotius, Hobbes, Locke, Vattel, Kant, Bentham, Hegel, Durkheim, Gandhi, Kelsen, Wittgenstein, Lemkin, Arendt and Foucault. A third volume - Philosophical Foundations of International Criminal Law: Legally Protected Interests - discusses the main values protected by the discipline and which should be added. These books do not develop or promote a particular philosophy or theory of international criminal law. Rather, they see philosophy of international criminal law as a discourse space, which includes a) correlational or historical, b) conceptual or analytical, and c) interest- or value-based approaches.