Rethinking Criminal Law

Rethinking Criminal Law PDF
Author: George P. Fletcher
Publisher:
ISBN:
Size: 25.41 MB
Format: PDF, ePub
Category : Criminal law
Languages : en
Pages : 898
View: 4064

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Rethinking Criminal Law

by George P. Fletcher, Rethinking Criminal Law Books available in PDF, EPUB, Mobi Format. Download Rethinking Criminal Law books,


Rethinking Criminal Law Theory

Rethinking Criminal Law Theory PDF
Author: Francois Tanguay-Renaud
Publisher: Bloomsbury Publishing
ISBN: 1847319041
Size: 74.55 MB
Format: PDF, Kindle
Category : Law
Languages : en
Pages : 334
View: 667

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Rethinking Criminal Law Theory

by Francois Tanguay-Renaud, Rethinking Criminal Law Theory Books available in PDF, EPUB, Mobi Format. Download Rethinking Criminal Law Theory books, 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


The Grammar Of Criminal Law

The Grammar of Criminal Law PDF
Author: George P. Fletcher
Publisher: Oxford University Press
ISBN: 0195103106
Size: 26.32 MB
Format: PDF, ePub, Docs
Category : Language Arts & Disciplines
Languages : en
Pages : 366
View: 7645

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The Grammar Of Criminal Law

by George P. Fletcher, The Grammar Of Criminal Law Books available in PDF, EPUB, Mobi Format. Download The Grammar Of Criminal Law books, The Grammar of Criminal Law is a 3-volume work that addresses the field of international and comparative criminal law, with its primary focus on the issues of international concern, ranging from genocide, to domestic efforts to combat terrorism, to torture, and to other international crimes. The first volume is devoted to foundational issues. The Grammar of Criminal Law is unique in its systematic emphasis on the relationship between language and legal theory; there is no comparable comparative study of legal language. Written in the spirit of Fletcher's classic Rethinking Criminal Law, this work is essential reading in the field of international and comparative law.


Complicity In International Law

Complicity in International Law PDF
Author: Miles Jackson
Publisher: OUP Oxford
ISBN: 0191056758
Size: 35.47 MB
Format: PDF, ePub
Category : Law
Languages : en
Pages : 272
View: 4027

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Complicity In International Law

by Miles Jackson, Complicity In International Law Books available in PDF, EPUB, Mobi Format. Download Complicity In International Law books, This book examines how international law prohibits state and individual complicity. Complicity is a derivative form of responsibility that links an accomplice to the wrongdoing of a principal actor. Whenever a legal system prohibits complicity, it must address certain questions as to the content and structure of the rules. To understand how international law answers these questions, this book proposes an analytical framework in which complicity rules may be assessed and defends a normative claim as to how they should be structured. Anchored by this framework and normative claim, this book shows that international criminal law regulates individual complicity in a comprehensive way, using the doctrines of instigation and aiding and abetting to inculpate complicit participants in international crimes. By contrast, international law's regulation of state complicity was historically marked by an absence of complicity rules. This is changing. In respect of state complicity in the wrongdoing of another state, international law now imposes both specific and general complicity obligations, the latter prohibiting states from aiding or assisting another state in the commission of any internationally wrongful act. In respect of the ways that states participate in harms caused by non-state actors, the traditional normative structure of international law, which imposed obligations only on states, foreclosed the possibility of prohibiting the state's participation as a form of complicity. As that traditional normative structure has evolved, so the possibility of holding states responsible for complicity in the wrongdoing of non-state actors has emerged. More and more, both the wrongs that international actors commit, and the wrongs they help or encourage others to commit, matter.


George Fletcher S Essays On Criminal Law

George Fletcher s Essays on Criminal Law PDF
Author: George P. Fletcher
Publisher: Oxford University Press
ISBN: 0199941238
Size: 18.64 MB
Format: PDF, ePub
Category : Law
Languages : en
Pages : 326
View: 4912

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George Fletcher S Essays On Criminal Law

by George P. Fletcher, George Fletcher S Essays On Criminal Law Books available in PDF, EPUB, Mobi Format. Download George Fletcher S Essays On Criminal Law books, This volume collects, for the first time, a selection of criminal law scholar George Fletcher's most famous previously published shorter works as well as some that are less known but equally important. Each of the twelve essays by Fletcher is paired with one or more new critical commentaries on that essay. These critical commentaries trace the impact of the respective essay in the development of the criminal law and assess its future significance.


Criminal Justice

Criminal Justice PDF
Author: Ronald Pennock
Publisher: NYU Press
ISBN: 0814767931
Size: 19.53 MB
Format: PDF, Mobi
Category : Social Science
Languages : en
Pages : 386
View: 395

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Criminal Justice

by Ronald Pennock, Criminal Justice Books available in PDF, EPUB, Mobi Format. Download Criminal Justice books, This, the twenty-seventh volume in the annual series of publications by the American Society for Political and Legal Philosophy, features a number of distinguised contributors addressing the topic of criminal justice. Part I considers "The Moral and Metaphysical Sources of the Criminal Law," with contributions by Michael S. Moore, Lawrence Rosen, and Martin Shapiro. The four chapters in Part II all relate, more or less directly, to the issue of retribution, with papers by Hugo Adam Bedau, Michael Davis, Jeffrie G. Murphy, and R. B. Brandt. In the following part, Dennis F. Thompson, Christopher D. Stone, and Susan Wolf deal with the special problem of criminal responsibility in government—one of great importance in modern society. The fourth and final part, echoing the topic of NOMOS XXIV, Ethics, Economics, and the Law, addresses the economic theory of crime. The section includes contributions by Alvin K. Klevorick, Richard A. Posner, Jules L. Coleman, and Stephen J. Schulhofer. A valuable bibiography on criminal justice by Andrew C. Blanar concludes this volume of NOMOS.


Beyond These Walls

Beyond These Walls PDF
Author: Tony Platt
Publisher: St. Martin's Press
ISBN: 1250085128
Size: 69.99 MB
Format: PDF, Mobi
Category : Social Science
Languages : en
Pages : 304
View: 6708

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Beyond These Walls

by Tony Platt, Beyond These Walls Books available in PDF, EPUB, Mobi Format. Download Beyond These Walls books, “You should definitely read this book... What really struck me in reading Beyond These Walls was that Tony Platt had very seriously and carefully considered the contributions of social movements—feminist, queer, disability, and labor.” —Angela Davis Beyond These Walls is an ambitious and far-ranging exploration that tracks the legacy of crime and imprisonment in the United States, from the historical roots of the American criminal justice system to our modern state of over-incarceration, and offers a bold vision for a new future. Author Tony Platt, a recognized authority in the field of criminal justice, challenges the way we think about how and why millions of people are tracked, arrested, incarcerated, catalogued, and regulated in the United States. Beyond These Walls traces the disturbing history of punishment and social control, revealing how the criminal justice system attempts to enforce and justify inequalities associated with class, race, gender, and sexuality. Prisons and police departments are central to this process, but other institutions – from immigration and welfare to educational and public health agencies – are equally complicit. Platt argues that international and national politics shape perceptions of danger and determine the policies of local criminal justice agencies, while private policing and global corporations are deeply and undemocratically involved in the business of homeland security. Finally, Beyond These Walls demonstrates why efforts to reform criminal justice agencies have often expanded rather than contracted the net of social control. Drawing upon a long tradition of popular resistance, Platt concludes with a strategic vision of what it will take to achieve justice for all in this era of authoritarian disorder.


Individual Criminal Responsibility In International Law

Individual Criminal Responsibility in International Law PDF
Author: Elies van Sliedregt
Publisher: OUP Oxford
ISBN: 0191627755
Size: 73.17 MB
Format: PDF, Mobi
Category : Law
Languages : en
Pages : 376
View: 3513

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Individual Criminal Responsibility In International Law

by Elies van Sliedregt, Individual Criminal Responsibility In International Law Books available in PDF, EPUB, Mobi Format. Download Individual Criminal Responsibility In International Law books, This book examines the concept of individual criminal responsibility for serious violations of international law, i.e. aggression, genocide, crimes against humanity and war crimes. Such crimes are rarely committed by single individuals. Rather, international crimes generally connote a plurality of offenders, particularly in the execution of the crimes, which are often orchestrated and masterminded by individuals behind the scene of the crimes who can be termed 'intellectual perpetrators'. For a determination of individual guilt and responsibility, a fair assessment of the mutual relationships between those persons is indispensable. By setting out how to understand and apply concepts such as joint criminal enterprise, superior responsibility, duress, and the defence of superior orders, this work provides a framework for that assessment. It does so by bringing to light the roots of these concepts, which lie not merely in earlier phases of development of international criminal law but also in domestic law and legal doctrine. The book also critically reflects on how criminal responsibility has been developed in the case law of international criminal tribunals and courts. It thus illuminates and analyses the rules on individual responsibility in international law.


Pluralism In International Criminal Law

Pluralism in International Criminal Law PDF
Author: Elies van Sliedregt
Publisher: OUP Oxford
ISBN: 019100829X
Size: 36.83 MB
Format: PDF, ePub
Category : Law
Languages : en
Pages : 410
View: 4734

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Pluralism In International Criminal Law

by Elies van Sliedregt, Pluralism In International Criminal Law Books available in PDF, EPUB, Mobi Format. Download Pluralism In International Criminal Law books, Despite the growth in international criminal courts and tribunals, the majority of cases concerning international criminal law are prosecuted at the domestic level. This means that both international and domestic courts have to contend with a plethora of relevant, but often contradictory, judgments by international institutions and by other domestic courts. This book provides a detailed investigation into the impact this pluralism has had on international criminal law and procedure, and examines the key problems which arise from it. The work identifies the various interpretations of the concept of pluralism and discusses how it manifests in a broad range of aspects of international criminal law and practice. These include substantive jurisdiction, the definition of crimes, modes of individual criminal responsibility for international crimes, sentencing, fair trial rights, law of evidence, truth-finding, and challenges faced by both international and domestic courts in gathering, testing and evaluating evidence. Authored by leading practitioners and academics in the field, the book employs pluralism as a methodological tool to advance the debate beyond the classic view of 'legal pluralism' leading to a problematic fragmentation of the international legal order. It argues instead that pluralism is a fundamental and indispensable feature of international criminal law which permeates it on several levels: through multiple legal regimes and enforcement fora, diversified sources and interpretations of concepts, and numerous identities underpinning the law and practice. The book addresses the virtues and dangers of pluralism, reflecting on the need for, and prospects of, harmonization of international criminal law around a common grammar. It ultimately brings together the theories of legal pluralism, the comparative law discourse on legal transplants, harmonization, and convergence, and the international legal debate on fragmentation to show where pluralism and divergence will need to be accepted as regular, and even beneficial, features of international criminal justice.


Criminal Law

Criminal Law PDF
Author: Jonathan Herring
Publisher: Macmillan International Higher Education
ISBN: 0230344836
Size: 40.14 MB
Format: PDF, Kindle
Category : Law
Languages : en
Pages : 384
View: 3776

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Criminal Law

by Jonathan Herring, Criminal Law Books available in PDF, EPUB, Mobi Format. Download Criminal Law books, The Palgrave Macmillan Law Masters series is a long-running and successful list of titles offering clear, concise and authoritative guides to the main subject areas, written by experienced and respected authors. The seventh edition of Criminal Law provides a comprehensive introduction to the basic principles of criminal liability and to the main criminal offences, together with insights into the controversies and debates that surround the subject. The text is written in a clear and engaging style, making the fundamental concepts easy to grasp. This is an ideal companion for both law undergraduate and GDL/CPE students. This new edition has been thoroughly updated to reflect recent case law and statutory developments. The enhanced layout includes Hot Topic sections analysing the controversial cases of recent years, plus end of chapter summaries and suggestions for further reading.