Author: Alan Norrie
Publisher: Cambridge University Press
ISBN: 9780521606011
Category : Law
Languages : en
Pages : 308
Book Description
This work provides a challenging approach to the study of criminal law, offering a critical introduction to the law's general principles and, in contrast to orthodox criminal law texts, emphasizes the tensions and contradictions that lie at their heart.
Crime, Reason and History
Crime, Reason and History
Author: Alan Norrie
Publisher: Cambridge University Press
ISBN: 0521516463
Category : Law
Languages : en
Pages : 451
Book Description
This book provides a challenging, alternative, critical approach to every other text which deals with the criminal law's general principles.
Publisher: Cambridge University Press
ISBN: 0521516463
Category : Law
Languages : en
Pages : 451
Book Description
This book provides a challenging, alternative, critical approach to every other text which deals with the criminal law's general principles.
Leading Works in Criminal Law
Author: Chloë Kennedy
Publisher: Taylor & Francis
ISBN: 1000926281
Category : Law
Languages : en
Pages : 278
Book Description
This book analyses a selection of leading works in the criminal law to ask questions about how the modern discipline of criminal law has developed, how it has been deployed in colonial and postcolonial contexts, and how criminal law scholarship has engaged with traditionally marginalised perspectives such as feminism, queer theory, and anti-carceral and abolitionist movements. The works analysed range from Macaulay’s Indian Penal Code (1837) to more recent textbooks and monographs on criminal law, and their jurisdictional reach extends to India, Canada, Australia, Malawi, the UK and the USA. The contributing authors include scholars, activists and legal practitioners, each of whom explores the intellectual development and geographical reach of Anglocriminal law via the work they analyse. Across the collection, the editors and contributors address the question of what it means to be a leading work in criminal law. The book will be a valuable resource for students, academics and researchers working in the area of criminal law.
Publisher: Taylor & Francis
ISBN: 1000926281
Category : Law
Languages : en
Pages : 278
Book Description
This book analyses a selection of leading works in the criminal law to ask questions about how the modern discipline of criminal law has developed, how it has been deployed in colonial and postcolonial contexts, and how criminal law scholarship has engaged with traditionally marginalised perspectives such as feminism, queer theory, and anti-carceral and abolitionist movements. The works analysed range from Macaulay’s Indian Penal Code (1837) to more recent textbooks and monographs on criminal law, and their jurisdictional reach extends to India, Canada, Australia, Malawi, the UK and the USA. The contributing authors include scholars, activists and legal practitioners, each of whom explores the intellectual development and geographical reach of Anglocriminal law via the work they analyse. Across the collection, the editors and contributors address the question of what it means to be a leading work in criminal law. The book will be a valuable resource for students, academics and researchers working in the area of criminal law.
The Origins of Modern Financial Crime
Author: Sarah Wilson
Publisher: Routledge
ISBN: 1136237720
Category : Law
Languages : en
Pages : 259
Book Description
The recent global financial crisis has been characterised as a turning point in the way we respond to financial crime. Focusing on this change and ‘crime in the commercial sphere’, this text considers the legal and economic dimensions of financial crime and its significance in societal consciousness in twenty-first century Britain. Considering how strongly criminal enforcement specifically features in identifying the post-crisis years as a ‘turning point’, it argues that nineteenth-century encounters with financial crime were transformative for contemporary British societal perceptions of ‘crime’ and its perpetrators, and have lasting resonance for legal responses and societal reactions today. The analysis in this text focuses primarily on how Victorian society perceived and responded to crime and its perpetrators, with its reactions to financial crime specifically couched within this. It is proposed that examining how financial misconduct became recognised as crime during Victorian times makes this an important contribution to nineteenth-century history. Beyond this, the analysis underlines that a historical perspective is essential for comprehending current issues raised by the ‘fight’ against financial crime, represented and analysed in law and criminology as matters of enormous intellectual and practical significance, even helping to illuminate the benefits and potential pitfalls which can be encountered in current moves for extending the reach of criminal liability for financial misconduct. Sarah Wilson’s text on this highly topical issue will be essential reading for criminologists, legal scholars and historians alike. It will also be of great interest to the general reader. The Origins of Modern Financial Crime was short-listed for the Wadsworth Prize 2015.
Publisher: Routledge
ISBN: 1136237720
Category : Law
Languages : en
Pages : 259
Book Description
The recent global financial crisis has been characterised as a turning point in the way we respond to financial crime. Focusing on this change and ‘crime in the commercial sphere’, this text considers the legal and economic dimensions of financial crime and its significance in societal consciousness in twenty-first century Britain. Considering how strongly criminal enforcement specifically features in identifying the post-crisis years as a ‘turning point’, it argues that nineteenth-century encounters with financial crime were transformative for contemporary British societal perceptions of ‘crime’ and its perpetrators, and have lasting resonance for legal responses and societal reactions today. The analysis in this text focuses primarily on how Victorian society perceived and responded to crime and its perpetrators, with its reactions to financial crime specifically couched within this. It is proposed that examining how financial misconduct became recognised as crime during Victorian times makes this an important contribution to nineteenth-century history. Beyond this, the analysis underlines that a historical perspective is essential for comprehending current issues raised by the ‘fight’ against financial crime, represented and analysed in law and criminology as matters of enormous intellectual and practical significance, even helping to illuminate the benefits and potential pitfalls which can be encountered in current moves for extending the reach of criminal liability for financial misconduct. Sarah Wilson’s text on this highly topical issue will be essential reading for criminologists, legal scholars and historians alike. It will also be of great interest to the general reader. The Origins of Modern Financial Crime was short-listed for the Wadsworth Prize 2015.
Redirecting Human Rights
Author: A. Grear
Publisher: Springer
ISBN: 0230274633
Category : Law
Languages : en
Pages : 289
Book Description
Against the backdrop of globalization and mounting evidence of the corporate subversion of the Universal Declaration of Human Rights paradigm, Anna Grear interrogates the complex tendencies within law that are implicated in the emergence of 'corporate humanity'. Grear presents a critical account of legal subjectivity, linking it with law's intimate relationship with liberal capitalism in order to suggest law's special receptivity to the corporate form. She argues that in the field of human rights law, particularly within the Universal Declaration of Human Rights paradigm, human embodied vulnerability should be understood as the foundation of human rights and as a key qualifying characteristic of the human rights subject. The need to redirect human rights in order to resist their colonization by powerful economic global actors could scarcely be more urgent.
Publisher: Springer
ISBN: 0230274633
Category : Law
Languages : en
Pages : 289
Book Description
Against the backdrop of globalization and mounting evidence of the corporate subversion of the Universal Declaration of Human Rights paradigm, Anna Grear interrogates the complex tendencies within law that are implicated in the emergence of 'corporate humanity'. Grear presents a critical account of legal subjectivity, linking it with law's intimate relationship with liberal capitalism in order to suggest law's special receptivity to the corporate form. She argues that in the field of human rights law, particularly within the Universal Declaration of Human Rights paradigm, human embodied vulnerability should be understood as the foundation of human rights and as a key qualifying characteristic of the human rights subject. The need to redirect human rights in order to resist their colonization by powerful economic global actors could scarcely be more urgent.
Historical Origins of International Criminal Law
Author: Morten Bergsmo
Publisher: Torkel Opsahl Academic EPublisher
ISBN: 8283480162
Category : Law
Languages : en
Pages : 998
Book Description
Publisher: Torkel Opsahl Academic EPublisher
ISBN: 8283480162
Category : Law
Languages : en
Pages : 998
Book Description
Philosophical Foundations of Criminal Law
Author: R. A. Duff
Publisher: OUP Oxford
ISBN: 0191654701
Category : Law
Languages : en
Pages : 655
Book Description
Twenty-five leading contemporary theorists of criminal law tackle a range of foundational issues about the proper aims and structure of the criminal law in a liberal democracy. The challenges facing criminal law are many. There are crises of over-criminalization and over-imprisonment; penal policy has become so politicized that it is difficult to find any clear consensus on what aims the criminal law can properly serve; governments seeking to protect their citizens in the face of a range of perceived threats have pushed the outer limits of criminal law and blurred its boundaries. To think clearly about the future of criminal law, and its role in a liberal society, foundational questions about its proper scope, structure, and operations must be re-examined. What kinds of conduct should be criminalized? What are the principles of criminal responsibility? How should offences and defences be defined? The criminal process and the criminal trial need to be studied closely, and the purposes and modes of punishment should be scrutinized. Such a re-examination must draw on the resources of various disciplines-notably law, political and moral philosophy, criminology and history; it must examine both the inner logic of criminal law and its place in a larger legal and political structure; it must attend to the growing field of international criminal law, it must consider how the criminal law can respond to the challenges of a changing world. Topics covered in this volume include the question of criminalization and the proper scope of the criminal law; the grounds of criminal responsibility; the ways in which offences and defences should be defined; the criminal process and its values; criminal punishment; the relationship between international criminal law and domestic criminal law. Together, the essays provide a picture of the exciting state of criminal law theory today, and the basis for further research and debate in the coming years.
Publisher: OUP Oxford
ISBN: 0191654701
Category : Law
Languages : en
Pages : 655
Book Description
Twenty-five leading contemporary theorists of criminal law tackle a range of foundational issues about the proper aims and structure of the criminal law in a liberal democracy. The challenges facing criminal law are many. There are crises of over-criminalization and over-imprisonment; penal policy has become so politicized that it is difficult to find any clear consensus on what aims the criminal law can properly serve; governments seeking to protect their citizens in the face of a range of perceived threats have pushed the outer limits of criminal law and blurred its boundaries. To think clearly about the future of criminal law, and its role in a liberal society, foundational questions about its proper scope, structure, and operations must be re-examined. What kinds of conduct should be criminalized? What are the principles of criminal responsibility? How should offences and defences be defined? The criminal process and the criminal trial need to be studied closely, and the purposes and modes of punishment should be scrutinized. Such a re-examination must draw on the resources of various disciplines-notably law, political and moral philosophy, criminology and history; it must examine both the inner logic of criminal law and its place in a larger legal and political structure; it must attend to the growing field of international criminal law, it must consider how the criminal law can respond to the challenges of a changing world. Topics covered in this volume include the question of criminalization and the proper scope of the criminal law; the grounds of criminal responsibility; the ways in which offences and defences should be defined; the criminal process and its values; criminal punishment; the relationship between international criminal law and domestic criminal law. Together, the essays provide a picture of the exciting state of criminal law theory today, and the basis for further research and debate in the coming years.
Doing Justice to History
Author: Barrie Sander
Publisher: Oxford University Press, USA
ISBN: 0198846878
Category : Law
Languages : en
Pages : 385
Book Description
This book examines how historical narratives of mass atrocites are constructed and contested within international criminal courts. In particular, it looks into the important question of what tends to be foregrounded, and what tends to be excluded, in these narratives.
Publisher: Oxford University Press, USA
ISBN: 0198846878
Category : Law
Languages : en
Pages : 385
Book Description
This book examines how historical narratives of mass atrocites are constructed and contested within international criminal courts. In particular, it looks into the important question of what tends to be foregrounded, and what tends to be excluded, in these narratives.
Criminal Law for Criminologists
Author: Noel Cross
Publisher: Routledge
ISBN: 0429884613
Category : Law
Languages : en
Pages : 230
Book Description
Criminal Law for Criminologists uses theoretical and practical research to bridge the gap between ‘the law in the books’ (criminal law doctrine) and ‘the law in action’ (criminal justice process). It introduces the key policies and principles that drive criminal law in England and then explains the law itself in terms of relevant statute and case law. Starting with an outline of the basic principles and theories of criminal law and criminal justice, the author goes on to discuss: Criminal law and criminal justice in historical perspective, General principles of criminal law, including actus reus and mens rea, Specific types of criminal offence, including property, homicide, sexual, public order and drug offences, An overview of defences to crime, An appendix outlining essential legal skills. In examining the links between the worlds of criminal law and criminal justice, Criminal Law for Criminologists brings a fresh perspective to this field of research. Written in a clear and direct style, this book will be essential reading for students of criminology, criminal justice, law, cultural studies, social theory, and those interested in gaining an introduction to criminal law.
Publisher: Routledge
ISBN: 0429884613
Category : Law
Languages : en
Pages : 230
Book Description
Criminal Law for Criminologists uses theoretical and practical research to bridge the gap between ‘the law in the books’ (criminal law doctrine) and ‘the law in action’ (criminal justice process). It introduces the key policies and principles that drive criminal law in England and then explains the law itself in terms of relevant statute and case law. Starting with an outline of the basic principles and theories of criminal law and criminal justice, the author goes on to discuss: Criminal law and criminal justice in historical perspective, General principles of criminal law, including actus reus and mens rea, Specific types of criminal offence, including property, homicide, sexual, public order and drug offences, An overview of defences to crime, An appendix outlining essential legal skills. In examining the links between the worlds of criminal law and criminal justice, Criminal Law for Criminologists brings a fresh perspective to this field of research. Written in a clear and direct style, this book will be essential reading for students of criminology, criminal justice, law, cultural studies, social theory, and those interested in gaining an introduction to criminal law.
In Search of Criminal Responsibility
Author: Nicola Lacey
Publisher: Oxford University Press
ISBN: 0199248206
Category : History
Languages : en
Pages : 257
Book Description
What makes someone responsible for a crime and therefore liable tof punishment under the criminal law? Modern lawyers will quickly and easily point to the criminal law's requirement of concurrent actus reus and mens rea, doctrines of the criminal law which ensure that someone will only be found criminally responsible if they have committed criminal conduct while possessing capacities of understanding, awareness, and self-control at the time of offense. Any notion of criminal responsibility based on the character of the offender, meaning an implication of criminality based on reputation or the assumed disposition of the person, would seem to today's criminal lawyer a relic of the 18th Century. In this volume, Nicola Lacey demonstrates that the practice of character-based patterns of attribution was not laid to rest in 18th Century criminal law, but is alive and well in contemporary English criminal responsibility-attribution. Building upon the analysis of criminal responsibility in her previous book, Women, Crime, and Character, Lacey investigates the changing nature of criminal responsibility in English law from the mid-18th Century to the early 21st Century. Through a combined philosophical, historical, and socio-legal approach, this volume evidences how the theory behind criminal responsibility has shifted over time. The character and outcome responsibility which dominated criminal law in the 18th Century diminished in ideological importance in the following two centuries, when the idea of responsibility as founded in capacity was gradually established as the core of criminal law. Lacey traces the historical trajectory of responsibility into the 21st Century, arguing that ideas of character responsibility and the discourse of responsibility as founded in risk are enjoying a renaissance in the modern criminal law. These ideas of criminal responsibility are explored through an examination of the institutions through which they are produced, interpreted and executed; the interests which have shaped both doctrines and institutions; and the substantive social functions which criminal law and punishment have been expected to perform at different points in history.
Publisher: Oxford University Press
ISBN: 0199248206
Category : History
Languages : en
Pages : 257
Book Description
What makes someone responsible for a crime and therefore liable tof punishment under the criminal law? Modern lawyers will quickly and easily point to the criminal law's requirement of concurrent actus reus and mens rea, doctrines of the criminal law which ensure that someone will only be found criminally responsible if they have committed criminal conduct while possessing capacities of understanding, awareness, and self-control at the time of offense. Any notion of criminal responsibility based on the character of the offender, meaning an implication of criminality based on reputation or the assumed disposition of the person, would seem to today's criminal lawyer a relic of the 18th Century. In this volume, Nicola Lacey demonstrates that the practice of character-based patterns of attribution was not laid to rest in 18th Century criminal law, but is alive and well in contemporary English criminal responsibility-attribution. Building upon the analysis of criminal responsibility in her previous book, Women, Crime, and Character, Lacey investigates the changing nature of criminal responsibility in English law from the mid-18th Century to the early 21st Century. Through a combined philosophical, historical, and socio-legal approach, this volume evidences how the theory behind criminal responsibility has shifted over time. The character and outcome responsibility which dominated criminal law in the 18th Century diminished in ideological importance in the following two centuries, when the idea of responsibility as founded in capacity was gradually established as the core of criminal law. Lacey traces the historical trajectory of responsibility into the 21st Century, arguing that ideas of character responsibility and the discourse of responsibility as founded in risk are enjoying a renaissance in the modern criminal law. These ideas of criminal responsibility are explored through an examination of the institutions through which they are produced, interpreted and executed; the interests which have shaped both doctrines and institutions; and the substantive social functions which criminal law and punishment have been expected to perform at different points in history.