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Author : Ted Truscott
Publisher : Desk Top Publishing
Page : 126 pages
File Size : 55,9 Mb
Release : 2004
Category : Self-defense (Law)
ISBN : 0973314508
Author : Fiona Leverick
Publisher : Oxford Monographs on Criminal
Page : 246 pages
File Size : 54,6 Mb
Release : 2006
Category : Law
ISBN : 9780199283460
In what circumstances should we be allowed to kill an intruder who breaks into our home? Should battered women be forgiven for killing their husbands? This book analyses the questions raised by the argument of self-defence, and offers a theoretical framework for understanding the defence in the context of human rights norms.
Author : Elizabeth A. Sheehy
Publisher : UBC Press
Page : 493 pages
File Size : 50,7 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 : D. W. Bowett
Publisher : Manchester University Press
Page : 320 pages
File Size : 47,7 Mb
Release : 2024-06-10
Category : Electronic
ISBN : 8210379456XXX
Author : Don Stuart
Publisher : Unknown
Page : 611 pages
File Size : 48,8 Mb
Release : 1987
Category : Criminal law
ISBN : 0459309714
Author : Yoram Dinstein
Publisher : Cambridge University Press
Page : 409 pages
File Size : 40,5 Mb
Release : 2011-10-20
Category : Law
ISBN : 9781139503174
Yoram Dinstein's influential textbook is an indispensable guide to the legal issues of war and peace, armed attack, self-defence and enforcement measures taken under the aegis of the Security Council. This fifth edition incorporates recent treaties such as the Kampala amendments of the Statute of the International Criminal Court, new case law from the International Court of Justice and other tribunals, and contemporary doctrinal debates. Several new supplementary sections are also included, which take into account recent conflicts around the world, and consideration is given to new resolutions of the Security Council. With many segments having been rewritten to reflect recent State practice, this book remains a wide-ranging and highly readable introduction to the legal issues surrounding war and self-defence.
Author : Great Britain: Law Commission
Publisher : The Stationery Office
Page : 280 pages
File Size : 42,8 Mb
Release : 2006-11-29
Category : Political Science
ISBN : 9780102943689
A Law Commission consultation paper 'A new homicide act for England and Wales?' was published as LCCP 177 (ISBN 0117302643) in April 2006.
Author : Boaz Sangero
Publisher : Bloomsbury Publishing
Page : 394 pages
File Size : 50,5 Mb
Release : 2006-07-24
Category : Law
ISBN : 9781847312747
This book combines a careful philosophical discussion of the rationale justifying self-defence with a detailed discussion of the range of statutory self-defence requirements, as well as discussions of numerous other relevant issues (i.e. putative self-defense, excessive self-defense, earlier guilt and battered women). The book argues that before formulating definitions for each aspect of self-defence (necessity, proportionality, retreat, immediacy, mental element, etc.) it is imperative to determine the proper rationale for self-defence and, only then to derive the appropriate solutions. The first part contains an in-depth discussion of why society allows a justification for acts but does not excuse the actor from criminal liability, and the author critically analyzes current theories (culpability of the aggressor; autonomy of the attacked person; protection of the social-legal order; balancing interests; choice of the lesser evil) and points out the weaknesses of each theory before proposing a new theory to explain the justification of self-defence. The new theory is that for the full justification of self-defence, a balance of interests must be struck between the expected physical injury to the attacked person and the expected physical injury to the aggressor, as well as the relevant abstract factors: the autonomy of the attacked person, the culpability of the aggressor, and the social-legal order. The author demonstrates how ignoring one or more of these factors leads to erroneous results and how the proposed rationale can be applied to develop solutions to the complex questions raised.
Author : Kent Roach
Publisher : Unknown
Page : 562 pages
File Size : 46,9 Mb
Release : 2012-08-21
Category : Law
ISBN : 1552213013
Since publication of the first edition in 1996, Criminal Law by Kent Roach has become one of the most highly-regarded titles in Irwin Law's Essentials of Canadian Law series. Professor Roach's account of the current state of substantive criminal law and theory in Canada has become essential reading, not only in law schools, but also among judges, practitioners, and others involved in the criminal justice system. The fifth edition of Criminal Law has been thoroughly updated and includes analysis of a number of important Supreme Court of Canada decisions especially in relation to the provocation defence, and in the Court's use of a modified and contextual objective standard that has implications for other defences. The book also examines the provisions relating to self defence, defence of others, and defence of property which Parliament has replaced with new and radically simplified defences in ss.34 and 35 of the Criminal Code. In addition the book reviews the judgment in R. v. Ipeelee where the Supreme Court confirmed the need for restraint in the use of imprisonment and the need for a different approach to the sentencing of Aboriginal offenders, particularly in light of the fact that Parliament continues to restrict the use of conditional sentences and enact new mandatory minimum sentences.
Author : D. W. Bowett
Publisher : Unknown
Page : 320 pages
File Size : 48,5 Mb
Release : 1958
Category : Self-defense (International law)
ISBN : UCAL:B3891450
Author : Kim Brooks
Publisher : UBC Press
Page : 347 pages
File Size : 52,9 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 : Mary Ellen O'Connell,Christian J. Tams,Dire Tladi
Publisher : Cambridge University Press
Page : 313 pages
File Size : 44,5 Mb
Release : 2019-08
Category : Law
ISBN : 9781107190740
Provides a multi-perspective study of the international law on self-defence against non-State actors.
Author : Mary Ellen O'Connell
Publisher : Cambridge University Press
Page : 331 pages
File Size : 48,5 Mb
Release : 2019-05-16
Category : Law
ISBN : 9781108426664
Aesthetic philosophy and the arts offer an innovative and attractive approach to enhancing international law in support of peace.
Author : Christine Chinkin,Mary Kaldor
Publisher : Cambridge University Press
Page : 611 pages
File Size : 49,9 Mb
Release : 2017-04-27
Category : History
ISBN : 9781107171213
Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.
Author : Camilla Guldahl Cooper
Publisher : BRILL
Page : 498 pages
File Size : 43,8 Mb
Release : 2019-12-02
Category : Law
ISBN : 9789004401686
In NATO Rules of Engagement, Camilla Guldahl Cooper provides a thorough analysis of NATO rules of engagement, and offers clarity on a concept which despite its considerable political, strategic and operational importance, is often misunderstood.