In Search Of Criminal Responsibility

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In Search of Criminal Responsibility

Nicola Lacey
In Search of Criminal Responsibility Book PDF

Author : Nicola Lacey
Publisher : Oxford University Press
Page : 257 pages
File Size : 53,8 Mb
Release : 2016
Category : Law
ISBN : 9780199248209

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In Search of Criminal Responsibility by Nicola Lacey Pdf

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.

The Age of Culpability

Gideon Yaffe
The Age of Culpability Book PDF

Author : Gideon Yaffe
Publisher : Oxford University Press
Page : 252 pages
File Size : 45,7 Mb
Release : 2018
Category : Law
ISBN : 9780198803324

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The Age of Culpability by Gideon Yaffe Pdf

Gideon Yaffe presents a theory of criminal responsibility according to which child criminals deserve leniency not because of their psychological, behavioural, or neural immaturity but because they are denied the vote. He argues that full shares of criminal punishment are deserved only by those who have a full share of say over the law.

International ‘Criminal’ Responsibility

Ottavio Quirico
International Criminal Responsibility Book PDF

Author : Ottavio Quirico
Publisher : Routledge
Page : 336 pages
File Size : 51,9 Mb
Release : 2019-02-12
Category : Law
ISBN : 9781351597548

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International ‘Criminal’ Responsibility by Ottavio Quirico Pdf

In the course of the 20th and 21st centuries, major offences committed by individuals have been subject to progressive systematisation in the framework of international criminal law. Proposals developed within the context of the League of Nations coordinated individual liability and State responsibility. By contrast, international law as codified after World War II in the framework of the United Nations embodies a neat divide between individual criminal liability and State aggravated responsibility. However, conduct of State organs and agents generates dual liability. Through a critical analysis of key international rules, the book assesses whether the divisive approach to individual and State responsibility is normatively consistent. Contemporary situations, such as the humanitarian crises in Syria and Libya, 9/11 and the Iraq wars demonstrate that the matter still gives rise to controversy: a set of systemic problems emerge. The research focuses on the substantive elements of major offences, notably agression, genocide, core war crimes, core crimes against humanity and terrorism, as well as relevant procedural implications. The book is a useful resource for practitioners, policymakers, academics, students, researchers and anyone interested in international law and politics.

Individual Criminal Responsibility in International Law

E. van Sliedregt
Individual Criminal Responsibility in International Law Book PDF

Author : E. van Sliedregt
Publisher : Oxford University Press
Page : 370 pages
File Size : 53,7 Mb
Release : 2012-03
Category : History
ISBN : 9780199560363

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Individual Criminal Responsibility in International Law by E. van Sliedregt Pdf

Atrocities such as genocide or crimes against humanity are usually committed by a large number of perpetrators. Moreover, those who masterminded the crimes may not have actively participated. This book sets out how these people can be held responsible for their crimes by international criminal tribunals.

Responsibility and Criminal Liability

C.T. Sistare
Responsibility and Criminal Liability Book PDF

Author : C.T. Sistare
Publisher : Springer Science & Business Media
Page : 206 pages
File Size : 53,6 Mb
Release : 1989-10-31
Category : Philosophy
ISBN : 0792303962

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Responsibility and Criminal Liability by C.T. Sistare Pdf

autonomy principally in tenns of the agent's conscious choice of ends or conduct. From this, the cognitivist emphasis on mental states and their contents naturally follows. The presence of specified mental states, as signifying agent choice, thus becomes the hallmark of responsible conduct. Capacities model theorists, by contrast, interpret personal autonomy and agent responsibility in tenns of the looser notion of 'control'. From this perspective, conscious choosing is but one (highly responsible) instance of such control, and the presence or absence of mental states is primarily relevant to detennining degrees of responsibility. The examination of these two models occupies the bulk of this manuscript. Exploration of the capacities model and criticism of the orthodox view also generate treatment of legal issues such as the use of negligence liability, the nature of criminal omissions, the character of various legal defenses, and so on. Chapters 2 and 3 set out some of the thematic arguments outlined above and introduce tenninology and useful distinctions. Chapters 4 through 7 provide substantive analyses of agent responsibility and of standards of criminal liability. In these chapters, I argue for the comparative superiority of the capacities model of responsibility and offer recommendations for changes in current legal conceptions and standards of liability. Each chapter centers on an element of individual responsibility and related legal concerns. The final chapter, Chapter 8, comprises an overview of the integrated theory of responsibility and liability and its comparison with the traditional view.

Individual Criminal Responsibility for the Financing of Entities involved in Core Crimes

Laura Ausserladscheider Jonas
Individual Criminal Responsibility for the Financing of Entities involved in Core Crimes Book PDF

Author : Laura Ausserladscheider Jonas
Publisher : BRILL
Page : 256 pages
File Size : 51,9 Mb
Release : 2021-12-28
Category : Law
ISBN : 9789004470934

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Individual Criminal Responsibility for the Financing of Entities involved in Core Crimes by Laura Ausserladscheider Jonas Pdf

Anchored by the normative framework, this book aims to clarify the basis for individual criminal liability for persons who finance entities that perpetrate core crimes. The objective of this monograph is to clarify the rules to enable international courts and tribunals to identify the extent to which individual criminal liability attaches to the financing of core crimes, as well as the legal basis for such liability. By clarifying the criminal liability of individual who finance entities that perpetrate core crimes, this book also seeks to clarify the mental elements of the mode of liability of aiding and abetting. This is achieved through a thorough analysis of the applicable rules in the international arena, as well as through the comparative analysis.

On Crime, Society, and Responsibility in the work of Nicola Lacey

Iyiola Solanke
On Crime Society and Responsibility in the work of Nicola Lacey Book PDF

Author : Iyiola Solanke
Publisher : Oxford University Press
Page : 288 pages
File Size : 49,8 Mb
Release : 2021-03-18
Category : Law
ISBN : 9780192594068

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On Crime, Society, and Responsibility in the work of Nicola Lacey by Iyiola Solanke Pdf

Few contemporary scholars have done more in their work to develop the idea of responsibility than Nicola Lacey. She ranks alongside thinkers and writers such as HLA Hart and Antony Honoré in developing approaches to understanding responsibility. Like these authors, the influence of her work has spread beyond academia to change the perception of responsibility amongst practitioners. Both Hart and Honoré have during their lifetime had volumes dedicated to their work. This book does the same for Nicola Lacey, marking her ongoing influence and accomplishments in the common law world through a collection of essays by leading international scholars reflecting and interrogating her contribution to understanding criminal responsibility. Additionally, the book aims to promote the best legal scholarship on responsibility in the common law world and inspire the brightest legal scholars through a collection of essays designed to mark Professor Lacey's ongoing contribution to the understanding of criminal responsibility. The role of Professor Lacey's work in this area (as well as others) cannot be overlooked: her scholarship includes not only a prize-winning biography of HLA Hart himself but numerous articles and tomes on the subject, culminating with her most recent work In Search of Criminal Responsibility: Ideas, Interests, and Institutions (OUP 2016). This Festschrift, one of few common law publications to pay homage to the erudition of a female jurist, can be seen as a continuation of the themes in this book via reflection and interrogation of her work by leading scholars on the topic. The Festschrift will therefore not only be a celebration of her work but also an attempt to take forward intellectual engagement with the topic of responsibility by continued engagement with her ideas. Each author brings new ideas to bear on her work, touching upon important aspects of responsibility that are current in the scholarship: categorization, frameworks for understanding criminal responsibility and the relationships between them, women in criminal law, the history of criminal law, blameworthiness and ascriptions of responsibility, moral responsibility, the role of politics and political economy. Nicola Lacey is a School Professor of Law, Gender, and Social Policy. From 1998 to 2010 she held a Chair in Criminal Law and Legal Theory at the LSE; she returned to the LSE in 2013 after spending three years as Senior Research Fellow at All Souls College, and Professor of Criminal Law and Legal Theory at the University of Oxford. She has held a number of visiting appointments, most recently at Harvard Law School and the Australian National University. She is an Honorary Fellow of New College Oxford and University College Oxford; and a Fellow of the British Academy. In 2011 she was awarded the Hans Sigrist Prize by the University of Bern for outstanding scholarship on the function of the rule of law in late modern societies; and in 2018, an Honorary Doctorate by the University of Edinburgh. In 2017 she was awarded a CBE for services to Law, Justice, and Gender Politics.

Free Will, Responsibility, and Crime

Ken M. Levy
Free Will Responsibility and Crime Book PDF

Author : Ken M. Levy
Publisher : Routledge
Page : 205 pages
File Size : 44,6 Mb
Release : 2019-08-28
Category : Philosophy
ISBN : 9781351251761

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Free Will, Responsibility, and Crime by Ken M. Levy Pdf

In his book, philosopher and law professor Ken Levy explains why he agrees with most people, but not with most other philosophers, about free will and responsibility. Most people believe that we have both – that is, that our choices, decisions, and actions are neither determined nor undetermined but rather fully self-determined. By contrast, most philosophers understand just how difficult it is to defend this "metaphysical libertarian" position. So they tend to opt for two other theories: "responsibility skepticism" (which denies the very possibility of free will and responsibility) and "compatibilism" (which reduces free will and responsibility to properties that are compatible with determinism). In opposition to both of these theories, Levy explains how free will and responsibility are indeed metaphysically possible. But he also cautions against the dogma that metaphysical libertarianism is actually true, a widespread belief that continues to cause serious social, political, and legal harms. Levy’s book presents a crisp, tight, historically informed discussion, with fresh clarity, insight, and originality. It will become one of the definitive resources for students, academics, and general readers in this critical intersection among metaphysics, ethics, and criminal law. Key features: Presents a unique, qualified defense of "metaphysical libertarianism," the idea that our choices, decisions, and actions can be fully self-determined. Written clearly, accessibly, and with minimal jargon – rare for a book on the very difficult issues of free will and responsibility. Seamlessly connects philosophical, legal, psychological, and political issues. Will be provocative and insightful for professional philosophers, students, and non-philosophers.

Individual Criminal Responsibility for Core International Crimes

Ciara Damgaard
Individual Criminal Responsibility for Core International Crimes Book PDF

Author : Ciara Damgaard
Publisher : Springer Science & Business Media
Page : 461 pages
File Size : 46,9 Mb
Release : 2008-08-02
Category : Law
ISBN : 9783540787815

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Individual Criminal Responsibility for Core International Crimes by Ciara Damgaard Pdf

1.1 Opening Remarks and Objectives Crimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law 2 be enforced. This is, perhaps, the most renowned citation from the judgment of the Int- national Military Tribunal at Nuremberg (“IMT”). In the six decades which have passed since the IMT judgment was handed down, the recognition of the c- cept of individual criminal responsibility for core international crimes has been significantly reinforced and developed, particularly since the establishment of the International Criminal Tribunal for the Former Yugoslavia (“ICTY”) and the International Criminal Tribunal for Rwanda (“ICTR”) in the 1990’s and most recently the International Criminal Court (“ICC”). The media has, of course, played a crucial role in increasing awareness of this concept, especially amongst the general populace. Indeed, the concept has, arguably, a much higher profile today, than ever before in its history. However, the concept of individual criminal responsibility for core inter- tional crimes is neither as straightforward nor as single-facetted, as might appear on first glance. While the general principle behind the concept does not generate too many difficulties, it is in its practical application that the more challenging aspects of the concept are brought to the fore. Each of these ‘challenging - pects’ can also be described as a ‘pertinent issue’ of the concept of individual criminal responsibility for core international crimes.

Children’s Rights and the Minimum Age of Criminal Responsibility

Don Cipriani
Children s Rights and the Minimum Age of Criminal Responsibility Book PDF

Author : Don Cipriani
Publisher : Routledge
Page : 252 pages
File Size : 40,6 Mb
Release : 2016-05-23
Category : Law
ISBN : 9781317167594

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Children’s Rights and the Minimum Age of Criminal Responsibility by Don Cipriani Pdf

Children of almost any age can break the law, but at what age should children first face the possibility of criminal responsibility for their alleged crimes? This work is the first global analysis of national minimum ages of criminal responsibility (MACRs), the international legal obligations that surround them, and the principal considerations for establishing and implementing respective age limits. Taking an international children's rights approach, with a rich theoretical framework and the vitality of the UN Convention on the Rights of the Child, this work maintains a critical perspective, such as in challenging the assumptions of many children's rights scholars and advocates. Compiling the age limits and statutory sources for all countries, this book explains the broad historical origins behind most of them, identifying the recurring practical challenges that affect every country and providing the first comprehensive evidence that a general principle of international law requires all nations, regardless of their treaty ratifications, to establish respective minimum age limits.

Criminal Responsibility

Victor Tadros
Criminal Responsibility Book PDF

Author : Victor Tadros
Publisher : Oxford University Press, USA
Page : 389 pages
File Size : 46,5 Mb
Release : 2007
Category : Law
ISBN : 0199225826

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Criminal Responsibility by Victor Tadros Pdf

This book considers the proper nature and scope of criminal responsibility in the light of its institutional and political role. Tadros begins by providing an account of the foundations, both ethical and political, of criminal responsibility, and moves on to reconsider some of the central doctrines of criminal responsibility. Part 1 examines the nature of criminal responsibility by employing a distinctive new conception of autonomy. Tadros explores the nature of autonomy, and asks what it means to respect autonomy. Building upon this consideration of autonomy, Tadros then explores the central conditions of responsibility. He provides the first systematic consideration of the relationship between criminal responsibility and liberal political theory, showing how the conditions of responsibility are articulated in, and restrained by, the institutional setting of the criminal law. In Part 2, Tadros moves on to consider some of the central doctrines of criminal responsibility. He examines the proper nature and role of causation, intentions, and beliefs; asking whether these concepts should be understood as descriptive or normative. The book moves on to provide a systematic normative investigation of the nature and role of criminal omissions and criminal defenses. Included are: a thorough account of the different ways in which mental disorders might ground defenses, the nature of justification defenses, the different kinds of excuse claim and the role that particular characteristics of the accused might have on the standards which the defendant must have met to escape criminal responsibility.

Criminal Liability of Political Decision-Makers

Frank Zimmermann
Criminal Liability of Political Decision Makers Book PDF

Author : Frank Zimmermann
Publisher : Springer
Page : 408 pages
File Size : 40,6 Mb
Release : 2017-08-28
Category : Law
ISBN : 9783319520513

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Criminal Liability of Political Decision-Makers by Frank Zimmermann Pdf

This book is dedicated to a fundamental conflict in modern states: those persons holding public office are no more than ordinary citizens. Therefore, their activities must – as a matter of principle – be subject to full judicial control. But at the same time, democratically legitimated politicians need some discretion in their decision-making. Allegations of politicians committing criminal offences in office quickly attract a great deal of media attention. Even politicians themselves frequently use such allegations to discredit their political opponents. However, to date this topic has not been fully addressed on an academic level. This book is a first step in this direction. The individual contributions cover topics such as: “bad” political decisions that result in a waste of taxpayers’ money corruption and conflicts of interest in political decision-making immunities and procedural obstacles to the effective prosecution of politicians abuse of criminal law and criminal proceedings in the political arena criminal liability for decisions taken in situations of state emergency the role of criminal law in public opinion. Leading experts examine these and other issues from a comparative perspective.

Corporations and Criminal Responsibility

Celia Wells
Corporations and Criminal Responsibility Book PDF

Author : Celia Wells
Publisher : Oxford University Press, USA
Page : 228 pages
File Size : 40,9 Mb
Release : 2001
Category : Law
ISBN : 019924619X

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Corporations and Criminal Responsibility by Celia Wells Pdf

Business corporations wield enormous economic power, and legal structures largely serve their interests. This book analyses the background to the demands to use criminal law sanctions against corporations, including demand for corporate manslaughter.

Evaluation of Criminal Responsibility

Ira K. Packer
Evaluation of Criminal Responsibility Book PDF

Author : Ira K. Packer
Publisher : Oxford University Press
Page : 224 pages
File Size : 45,8 Mb
Release : 2009-03-16
Category : Psychology
ISBN : 9780199886678

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Evaluation of Criminal Responsibility by Ira K. Packer Pdf

Forensic mental health assessment (FMHA) has grown into a specialization informed by research and professional guidelines. This series presents up-to-date information on the most important and frequently conducted forms of FMHA. The 19 topical volumes address best approaches to practice for particular types of evaluation in the criminal, civil and juvenile/family areas. Each volume contains a thorough discussion of the relevant legal and psychological concepts, followed by a step-by-step description of the assessment process from preparing for the evaluation to writing the report and testifying in court. Volumes include the following helpful features: - Boxes that zero in on important information for use in evaluations - Tips for best practice and cautions against common pitfalls - Highlighting of relevant case law and statutes - Separate list of assessment tools for easy reference - Helpful glossary of key terms for the particular topic In making recommendations for best practice, authos consider empirical support, legal relevance, and consistency with ethical and professional standards. These volumes offer invaluable guidance for anyone involved in conducting or using forensic evaluations.

Freedom and Criminal Responsibility in American Legal Thought

Thomas Andrew Green
Freedom and Criminal Responsibility in American Legal Thought Book PDF

Author : Thomas Andrew Green
Publisher : Cambridge University Press
Page : 519 pages
File Size : 45,7 Mb
Release : 2014-10-27
Category : History
ISBN : 9780521854603

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Freedom and Criminal Responsibility in American Legal Thought by Thomas Andrew Green Pdf

This book deals with the most fundamental problem in criminal law, the way in which free will and determinism relate to criminal responsibility.