Homicide Law In Comparative Perspective

Author : Jeremy Horder
Publisher : Bloomsbury Publishing
Page : 244 pages
File Size : 43,6 Mb
Release : 2007-12-10
Category : Law
ISBN : 9781847313850

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Homicide Law in Comparative Perspective by Jeremy Horder Pdf

A number of jurisdictions world-wide have changed or are considering changing their homicide laws. Important changes have now been recommended for England and Wales, and these changes are an important focus in the book, which brings together leading experts from jurisdictions across the globe (England and Wales; France; Germany; Scotland; Australia; The United States of America; Canada; Singapore and Malaysia) to examine key aspects of the law of homicide. Key areas examined include the structure of the law of homicide and the meaning of fault elements. For example, the definition of murder, or its equivalent, is very different in France and Germany from the definition used in England and Wales. French law, like the law in a number of American states, ties the definition of murder to the presence or absence of premeditation, unlike the law in England and Wales. Unlike most other jurisdictions, German law makes the killer's motive, such as a sadistic sexual motive, relevant to whether or not he or she committed the worst kind of homicide. England and Wales is in a minority of English-speaking jurisdictions in that it does not employ the concept of 'wicked' recklessness, or of extreme indifference, as a fault element in homicide. Understanding these often subtle differences between the approaches of different jurisdictions to the definition of homicide is an essential aspect of the law reform process, and of legal study and scholarship in the criminal law. Every jurisdiction tries to learn from the experience of others, and this book seeks to make a contribution to that process, as well as providing a lively and informative resource for scholars and students.

Author : Markus Dubber,Tatjana Hörnle
Publisher : Oxford University Press
Page : 710 pages
File Size : 51,8 Mb
Release : 2014-03
Category : Law
ISBN : 9780199589609

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Criminal Law by Markus Dubber,Tatjana Hörnle Pdf

"A systematic and comprehensive comparative analysis, of criminal law, focused on two major jurisdictions: the United States and Germany."--Jacket.

Author : Kate Fitz-Gibbon
Publisher : Springer
Page : 315 pages
File Size : 48,8 Mb
Release : 2014-09-23
Category : Social Science
ISBN : 9781137357557

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Homicide Law Reform, Gender and the Provocation Defence by Kate Fitz-Gibbon Pdf

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 : Kate Fitz-Gibbon
Publisher : Springer
Page : 315 pages
File Size : 46,6 Mb
Release : 2014-09-23
Category : Social Science
ISBN : 9781137357557

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Homicide Law Reform, Gender and the Provocation Defence by Kate Fitz-Gibbon Pdf

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 : Barry Mitchell,Julian V Roberts
Publisher : Bloomsbury Publishing
Page : 196 pages
File Size : 48,6 Mb
Release : 2012-10-19
Category : Law
ISBN : 9781782250258

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Exploring the Mandatory Life Sentence for Murder by Barry Mitchell,Julian V Roberts Pdf

Murder is often regarded as both the 'ultimate' and a unique crime, and whereas courts are normally given discretion in sentencing offenders, for murder the sentence is mandatory – indeterminate imprisonment. Since the crime and the punishment come as a 'package deal' this book looks at both the legal nature of the offence and at the current operation of the mandatory life sentence. Not only does the book adopt a critical approach, by assessing the strengths and weaknesses of the status quo, it also draws upon comparative material from both common and civil law jurisdictions in an attempt to provide a comprehensive exploration of these issues. The need for public confidence in the criminal justice system is particularly acute in the way it deals with the most serious homicides. In this book the authors report findings from the first systematic exploration of public attitudes to sentencing murder in this or any other common law jurisdiction. The picture of public opinion emerging from this recent large-scale nationwide qualitative and quantitative survey, funded by the Nuffield Foundation, is likely to surprise many, and will be of interest to all jurisdictions where the mandatory life sentence for murder has been questioned.

Author : Iryna Marchuk
Publisher : Springer Science & Business Media
Page : 304 pages
File Size : 42,9 Mb
Release : 2013-07-29
Category : Law
ISBN : 9783642282461

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The Fundamental Concept of Crime in International Criminal Law by Iryna Marchuk Pdf

This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective. In this context, particular thought has been given to the catalyzing impact of the criminal law theory that has developed in major world legal systems upon the crystallization of the substantive part of international criminal law. This study offers a critical overview of international and domestic jurisprudence with regard to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive comparative analysis of substantive criminal laws in selected legal jurisdictions.

Author : Alan Reed
Publisher : Routledge
Page : 410 pages
File Size : 50,7 Mb
Release : 2016-04-22
Category : Law
ISBN : 9781317103301

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Loss of Control and Diminished Responsibility by Alan Reed Pdf

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 : Thomas Mackenzie (Lord Mackenzie.)
Publisher : Unknown
Page : 512 pages
File Size : 43,7 Mb
Release : 1876
Category : Electronic
ISBN : BL:A0026105486

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Studies in Roman Law with Comparative Views of the Laws of France, England, and Scotland by Thomas Mackenzie (Lord Mackenzie.) Pdf

Author : Jeremy Horder
Publisher : OUP Oxford
Page : 296 pages
File Size : 52,6 Mb
Release : 2012-07-12
Category : Law
ISBN : 9780191635953

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Homicide and the Politics of Law Reform by Jeremy Horder Pdf

What makes murder, murder? How should we understand the difference between intentional and reckless killing? Should offenders be punished differently according to the perceived severity of their crime and when should they be excused? These questions are the topic of intense debate within legal circles and beyond in the UK, the US, and the rest of world. Jeremy Horder's role as the Law Commissioner for England and Wales on criminal law has given him unique insight into these questions and the debates surrounding them. Here he analyses the recent political and legal reform movements, offering a political history of homicide law reform from the 19th century to the modern era. Using homicide as a starting point, Horder raises deeper questions of who is and should be responsible for making and changing the law. What role should there be for expert bodies, judges, and politicians? What role should there be for the general public? These questions invoke strong emotional responses. Horder argues that comprehensive research into, and a degree of difference to, public opinion on the scope of homicide is essential to the reform process. It is essential principally as a means of conferring true legitimacy on homicide reform in a democracy. Elite or expert opinion alone will never authentically secure such legitimacy. Offering an insider's view into the processes of achieving law reform, Horder expresses criticism of a system that excludes the vast majority of people from consultation on reform of the laws that govern them.

Author : Kevin Jon Heller,Markus Dubber
Publisher : Stanford University Press
Page : 672 pages
File Size : 43,5 Mb
Release : 2010-12-01
Category : Law
ISBN : 9780804777292

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The Handbook of Comparative Criminal Law by Kevin Jon Heller,Markus Dubber Pdf

This handbook explores criminal law systems from around the world, with the express aim of stimulating comparison and discussion. General principles of criminal liability receive prominent coverage in each essay—including discussions of rationales for punishment, the role and design of criminal codes, the general structure of criminal liability, accounts of mens rea, and the rights that criminal law is designed to protect—before the authors turn to more specific offenses like homicide, theft, sexual offenses, victimless crimes, and terrorism. This key reference covers all of the world's major legal systems—common, civil, Asian, and Islamic law traditions—with essays on sixteen countries on six different continents. The introduction places each country within traditional distinctions among legal systems and explores noteworthy similarities and differences among the countries covered, providing an ideal entry into the fascinating range of criminal law systems in use the world over.

Author : Alan Reed,Michael Bohlander
Publisher : Routledge
Page : 370 pages
File Size : 55,9 Mb
Release : 2018-09-03
Category : Law
ISBN : 9781351016292

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Homicide in Criminal Law by Alan Reed,Michael Bohlander Pdf

This volume presents a leading contribution to the substantive arena relating to homicide in the criminal law. In broad terms, the ambit of homicide standardisations in extant law is contestable and opaque. This book provides a logical template to focus the debate. The overall concept addresses three specific elements within this arena, embracing an overarching synergy between them. This edifice engages in an examination of UK provisions, and in contrasting these provisions against alternative domestic jurisdictions as well as comparative contributions addressing a particularised research grid for content. The comparative chapters provide a wider background of how other legal systems treat a variety of specialised issues relating to homicide in the context of the criminal law. The debate in relation to homicide continues apace for academics, practitioners and within the criminal justice system. Having expert descriptions of the wider issues surrounding the particular discussion and of other legal systems’ approaches serves to stimulate and inform that debate. This collection will be a major source of reference for future discussion.

Author : David Ormerod,Karl Laird
Publisher : Oxford University Press
Page : 1223 pages
File Size : 52,9 Mb
Release : 2021
Category : Criminal law
ISBN : 9780198849704

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Smith, Hogan, and Ormerod's Criminal Law by David Ormerod,Karl Laird Pdf

Smith, Hogan, & Ormerod's Criminal Law is rightly regarded as the leading doctrinal textbook on criminal law in England and Wales. The book owes its consistent popularity to its depth of analysis, breadth of coverage, and accessible style. Over fifty years since the publication of the first edition, Professor David Ormerod and Karl Laird continue the tradition set down by Professors Sir John Smith and Brian Hogan by producing a textbook of unrivalled quality. The text continues to be an invaluable resource for undergraduate students and an essential reference source for criminal law practitioners. Digital formats and resources The sixteenth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks A selection of online resources accompany this text, including: - A selection of additional online chapters - A full bibliography arranged alphabetically and by chapter - Annual updates

Author : Nicola Monaghan
Publisher : Oxford University Press
Page : 523 pages
File Size : 55,6 Mb
Release : 2018-03-08
Category : Criminal law
ISBN : 9780198811824

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Criminal Law Directions by Nicola Monaghan Pdf

This volume is written in an engaging and lively manner with an emphasis on explaining the key principles of criminal law with clarity. It includes helpful learning features to guide students through the material in an interesting and informative way.

Author : Ryan Goodman,Derek Jinks,Andrew K. Woods
Publisher : Oxford University Press
Page : 356 pages
File Size : 46,7 Mb
Release : 2012-12-27
Category : Law
ISBN : 9780195371901

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Understanding Social Action, Promoting Human Rights by Ryan Goodman,Derek Jinks,Andrew K. Woods Pdf

In Understanding Social Action, Promoting Human Rights, editors Ryan Goodman, Derek Jinks, and Andrew K. Woods bring together a stellar group of contributors from across the social sciences to apply a broad yet conceptually unified array of advanced social science research concepts to the study of human rights and human rights law. The book focus on three key methodological and substantive areas: actors, or social and political perspectives, including behavioral economics; communication, covering linguistics, media studies, and social entrepreneurship; and groups, via organizational theory, political economy, social movements, and complexity theory. Their goal is to provide a more comprehensive and more practical theory of social action, which necessarily requires a better understanding of individuals, organizations of individuals, and the ways in which both relate to other individuals and organizations.

Author : Elizabeth Wicks
Publisher : Unknown
Page : 278 pages
File Size : 54,5 Mb
Release : 2010
Category : Law
ISBN : 9780199547395

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The Right to Life and Conflicting Interests by Elizabeth Wicks Pdf

The right to life is a core human right which has not yet received the detailed legal analysis that it requires. This book provides detailed, critical analysis of the controversial human right to life and, in particular, assesses the weight of conflicting interests which could and/or should serve to override the right. This contemporary study of the right to life focuses on the legal, as well as ethical, issues raised by the value of life in modern day society. It seeks to analyse the development, meaning and value of the fundamental human right to life in the context of its conflicts with other competing interests. The book begins with an overview of the right to life in which the concept of life itself is first analysed, before both the right and its legal protection and enforcement are subjected to historical, philosophical and comparative analysis. The remainder of the book identifies, and assesses the merits of, various competing interests. These comprise armed conflict; prevention of crime; rights of others; autonomy; quality of life; and finite resources. The right to life is unusual in having potential application to so many of today's ethically controversial questions. This new work investigates specific topics of current political, legal and ethical concern such as the right to life during international conflicts, the role of lethal force in law enforcement, the death penalty, the right to life of a foetus in the context of legalised abortion, and the significance of quality of life and autonomy issues in respect of euthanasia and assisted suicide.