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Author : Queensland. Law Reform Commission
Publisher : Unknown
Page : 240 pages
File Size : 52,8 Mb
Release : 2008
Category : Law
ISBN : STANFORD:36105134405831
Author : Danielle Tyson
Publisher : Routledge
Page : 250 pages
File Size : 40,6 Mb
Release : 2013
Category : Law
ISBN : 9780415560177
Dealing with the complex case law concerning the use of the provocation defence in cases of intimate killings, Sex, Culpability and the Defence of Provocation considers the construction and representation of subjectivity and sexual difference in legal narrations of homicide.
Author : Danielle Tyson
Publisher : Taylor & Francis
Page : 248 pages
File Size : 54,9 Mb
Release : 2012-08-21
Category : Law
ISBN : 9781136298844
The partial defence of provocation is one of the most controversial doctrines within the criminal law. It has now been abolished in a number of international jurisdictions. Addressing the trajectory of debates about reform of the provocation defence across different jurisdictions, Sex, Culpability and the Defence of Provocation considers the construction and representation of subjectivity and sexual difference in legal narrations of intimate partner homicide. Undeniably, the most vexing exculpatory cultural narrative of our times is that of a woman 'asking for it'. This book explores how the process of judgment in a criminal trial involves not only the drawing of inferences from the facts of a particular case, but also operates to deliver a narrative. Law, it is argued, constructs a narrative of how the female body incites male violence. And, pursuing an approach that is informed by socio-legal studies, literary theory and feminist theories of the body, Sex, Culpability and the Defence of Provocation considers how this narrative is constructed via a range of discursive practices that position woman as a threat to masculine norms of propriety and autonomy. Once we have a clear understanding of the significance of narrative in legal decision-making, we can then formulate textual strategies of resistance to the violence of law's victim-blaming narratives by rewriting them.
Author : Kim Brooks
Publisher : UBC Press
Page : 347 pages
File Size : 49,9 Mb
Release : 2010-07-01
Category : Law
ISBN : 9780774859141
Bertha Wilson’s appointment as the first female justice of the Supreme Court of Canada in 1982 capped off a career of firsts. Wilson had been the first woman lawyer and partner at a prominent Toronto law firm and the first woman appointed to the Ontario Court of Appeal. Her death in 2007 provoked reflection on her contributions to the Canadian legal landscape and raised the question, what difference do women judges make? Justice Bertha Wilson examines Wilson’s career through three distinct frames and a wide range of feminist perspectives. The authors evince Wilson’s contributions to the legal system in “Foundations,” examine her role in high-profile decisions in “Controversy,” and assess her credentials as a feminist judge and her impact on education and the profession in “Reflections.” This nuanced portrait of a complex, controversial woman will appeal to lawyers, judges, policy makers, academics, and anyone interested in law and women’s contributions to Canadian society.
Author : Alan Reed
Publisher : Routledge
Page : 410 pages
File Size : 44,5 Mb
Release : 2016-04-22
Category : Law
ISBN : 9781317103301
This book provides a leading point of reference in the field of partial defences to murder and with respect to the mental condition defences of loss of control and diminished responsibility in general. The work includes contributions from leading specialists from different jurisdictions. Divided into two parts, the first provides an analysis from the perspective of the UK, looking at particular concerns such as domestic violence, revenge and mixed motive killings, mistaken beliefs. The second part presents a comparative and international view to provide a wider background of how alternative systems treat issues of human frailty short of full insanity (loss of control, diminished responsibility) in the context of the criminal law.
Author : Elizabeth A. Sheehy
Publisher : UBC Press
Page : 493 pages
File Size : 55,7 Mb
Release : 2013-12-15
Category : Family & Relationships
ISBN : 9780774826532
In the landmark Lavallee decision of 1990, the Supreme Court of Canada ruled that evidence of "battered woman syndrome" was admissible in establishing self-defence for women accused of killing their abusive partners. This book looks at the trials of eleven battered women, ten of whom killed their partners, in the fifteen years since Lavallee. Drawing extensively on trial transcripts and a rich expanse of interdisciplinary sources, the author looks at the evidence produced at trial and at how self-defence was argued. By illuminating these cases, this book uncovers the practical and legal dilemmas faced by battered women on trial for murder.
Author : Kate Fitz-Gibbon
Publisher : Springer
Page : 315 pages
File Size : 46,5 Mb
Release : 2014-09-23
Category : Social Science
ISBN : 9781137357557
This book critically examines the operation of the partial defence of provocation in a range of comparative international jurisdictions. Centrally concerned with conceptual questions of gender, justice and the role of denial in the criminal justice system, Fitz-Gibbon explores the divergent approaches taken to reforming the law of provocation.
Author : Jeremy Horder
Publisher : Oxford University Press on Demand
Page : 208 pages
File Size : 42,6 Mb
Release : 1992
Category : Law
ISBN : 0198256965
Provocation and Responsibility breaks new ground by drawing on historical and philosophical sources not normally linked in analysis of the criminal law, to provide the first detailed study of the effect of provocation on culpability in morality and law. It traces the fascinating history and colourful development of the legal doctrine of provocation, right up to present-day controversies over the scope of the doctrine's application in murder cases. These developments are illuminated throughout by setting them in the context of the changing moral and philosophical understanding of anger, its effect on responsibility and the role it plays in the human character.
Author : Heather Douglas,Francesca Bartlett,Trish Luker,Rosemary Hunter
Publisher : Bloomsbury Publishing
Page : 780 pages
File Size : 52,7 Mb
Release : 2014-11-20
Category : Law
ISBN : 9781782255413
This book brings together feminist academics and lawyers to present an impressive collection of alternative judgments in a series of Australian legal cases. By re-imagining original legal decisions through a feminist lens, the collection explores the possibilities, limits and implications of feminist approaches to legal decision-making. Each case is accompanied by a brief commentary that places it in legal and historical context and explains what the feminist rewriting does differently to the original case. The cases not only cover topics of long-standing interest to feminist scholars – such as family law, sexual offences and discrimination law – but also areas which have had less attention, including Indigenous sovereignty, constitutional law, immigration, taxation and environmental law. The collection contributes a distinctly Australian perspective to the growing international literature investigating the role of feminist legal theory in judicial decision-making.
Author : Joan Wallach Scott
Publisher : Columbia University Press
Page : 134 pages
File Size : 54,5 Mb
Release : 2019-01-22
Category : Education
ISBN : 9780231548939
Academic freedom rests on a shared belief that the production of knowledge advances the common good. In an era of education budget cuts, wealthy donors intervening in university decisions, and right-wing groups threatening dissenters, scholars cannot expect that those in power will value their work. Can academic freedom survive in this environment—and must we rearticulate what academic freedom is in order to defend it? This book presents a series of essays by the renowned historian Joan Wallach Scott that explore the history and theory of free inquiry and its value today. Scott considers the contradictions in the concept of academic freedom. She examines the relationship between state power and higher education; the differences between the First Amendment right of free speech and the guarantee of academic freedom; and, in response to recent campus controversies, the politics of civility. The book concludes with an interview conducted by Bill Moyers in which Scott discusses the personal experiences that have informed her views. Academic freedom is an aspiration, Scott holds: its implementation always falls short of its promise, but it is essential as an ideal of ethical practice. Knowledge, Power, and Academic Freedom is both a nuanced reflection on the tensions within a cherished concept and a strong defense of the importance of critical scholarship to safeguard democracy against the anti-intellectualism of figures from Joseph McCarthy to Donald Trump.
Author : George Mousourakis
Publisher : Routledge
Page : 216 pages
File Size : 53,7 Mb
Release : 2018-12-17
Category : Law
ISBN : 9780429873577
Publsihed in 1998, this book examines the relationship between responsibility and criminal liability through an analysis of provocation and related criminal defences. It begins by identifying fundamental questions about the role of justifications and excuses in the criminal law as they emerge from the discussion of philosophical theories of responsibility. Following an outline of the distinction between murder and manslaughter and its history, the basic doctrinal issues relating to the nature and rationale of provocation and other partial defences are then identified and discussed in depth, together with the circumstances under which these defences can be raised. Although the analysis focuses, for the most part, on English law, the references to other legal systems which are included in the work add an important comparative perspective to the discussion of the issues. The book should be of special interest to criminal lawyers, legal theorists and students interested in comparative criminal law and jurisprudence.
Author : Mike Molan
Publisher : Routledge
Page : 830 pages
File Size : 41,9 Mb
Release : 2009-01-13
Category : Law
ISBN : 9781134096220
The range of thoughtfully selected materials and authoritative commentary ensures that this book provides a completely up-to-date collection of materials and analysis on this difficult and challenging area of law.
Author : W. Chan
Publisher : Springer
Page : 244 pages
File Size : 49,8 Mb
Release : 2001-01-11
Category : Social Science
ISBN : 9780230596665
Women, Murder and Justice examines from a feminist perspective, the legal treatment of women who kill their partners in England. Through an exploration of Crown Prosecution Service files, an in-depth comparative examination of the circumstances in which women and men kill is provided. The book highlights gender differences in the act of murder, the criminal justice system's negotiation of these differences, and the development of feminist strategies to alter the legal structure for women who kill.
Author : Dr Wing-Cheong Chan,Professor Barry Wright,Professor Stanley Yeo
Publisher : Ashgate Publishing, Ltd.
Page : 396 pages
File Size : 50,9 Mb
Release : 2013-02-28
Category : Law
ISBN : 9781409497660
Enacted in 1860, the Indian Penal Code is the longest serving and one of the most influential criminal codes in the common law world. This book commemorates its one hundred and fiftieth anniversary and honours the law reform legacy of Thomas Macaulay, the principal drafter of the Code. The book comprises chapters which examine the general principles of criminal responsibility from the perspective of Macaulay, and from more recent accounts by lawmakers and reformers. These are framed by chapters that examine the history and conceptual underpinnings of Macaulay's Code, consider the need to revitalize the Indian Penal Code, and review the current challenges of principled criminal law reform and codification. This book is a valuable reference on the Indian Penal Code, and current debates about general principles of criminal law for legal academics, judges, legal practitioners and criminal law reformers. It also promises to have wider scholarly appeal, of interest to legal theorists, historians and policy specialists.
Author : David M. Paciocco
Publisher : Unknown
Page : 442 pages
File Size : 40,8 Mb
Release : 1999
Category : Law
ISBN : STANFORD:36105060425621
The book unravels the mysteries of the criminal justice system, explaining how and why we sentence offenders; the reasons behind the system's technicalities, which can benefit the guilty; and why the system is miserly on victims' rights. It points out where we err, particularly with the parole system. Each chapter starts with a murder docudrama.
