Rationale Based Defences In Criminal Law

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Rationale-Based Defences in Criminal Law

Author : Mark Dsouza
Publisher : Bloomsbury Publishing
Page : 327 pages
File Size : 48,8 Mb
Release : 2017-05-04
Category : Law
ISBN : 9781509902965

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Rationale-Based Defences in Criminal Law by Mark Dsouza Pdf

PRAISE FOR THE BOOK “Despite the existing scholarly literature on criminal defences, many issues remain contested or unresolved. Dr Dsouza offers a thorough and scholarly treatment of a complex topic which can be expected to become a point of reference for future work in the field.” Professor James Chalmers, University of Glasgow “Mark Dsouza has produced an engaging, incisive and cogently argued monograph, that makes an original contribution to criminal law theory. Required reading for scholars and graduate students working on criminal law defences.” Professor Paul Roberts, University of Nottingham Although it is often accepted that rationale-based defences to criminal liability can be justificatory or excusatory, disagreements about how best to conceptualise the categories of justification and excuse have appeared so interminable that some theorists argue that they should be abandoned altogether. This book offers a novel, principled, and intuitively appealing conceptual account of the natures of justifications and excuses, showing how they differ, and why the distinction between them matters. The monograph breaks new ground by defending a model of rationale-based defences that turns solely on the quality of the defendant's reasoning. This model is shown to generate appealing liability outcomes, advance convincing solutions to questions that have puzzled criminal lawyers for years, and offer suggestions for doctrinal reform that are both normatively sound, and practical. By proposing new ways to think about defences, this book makes an original contribution to criminal law theory that will be of benefit to academics, practitioners, and persons interested in law reform.

Rationale-based Defences in Criminal Law

Author : Mark Dsouza
Publisher : Unknown
Page : 128 pages
File Size : 43,8 Mb
Release : 2014
Category : Justification (Christian theology)
ISBN : 1509902988

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Rationale-based Defences in Criminal Law by Mark Dsouza Pdf

Justification Defenses and Just Convictions

Author : Robert F. Schopp
Publisher : Cambridge University Press
Page : 224 pages
File Size : 48,7 Mb
Release : 1998-01-13
Category : Law
ISBN : 9780521622110

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Justification Defenses and Just Convictions by Robert F. Schopp Pdf

This major study advances an interpretation of criminal justification defences that views them as an integral component of the structure of the criminal law. A definition of criminal law is included in this book.

Criminal Responsibility and Partial Excuses

Author : George Mousourakis
Publisher : Routledge
Page : 216 pages
File Size : 52,8 Mb
Release : 2018-12-17
Category : Law
ISBN : 9780429873577

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Criminal Responsibility and Partial Excuses by George Mousourakis Pdf

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.

Rationale-Based Defences in Criminal Law

Author : Mark Dsouza
Publisher : Bloomsbury Publishing
Page : 216 pages
File Size : 40,5 Mb
Release : 2017-05-04
Category : Law
ISBN : 9781509902972

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Rationale-Based Defences in Criminal Law by Mark Dsouza Pdf

PRAISE FOR THE BOOK “Despite the existing scholarly literature on criminal defences, many issues remain contested or unresolved. Dr Dsouza offers a thorough and scholarly treatment of a complex topic which can be expected to become a point of reference for future work in the field.” Professor James Chalmers, University of Glasgow “Mark Dsouza has produced an engaging, incisive and cogently argued monograph, that makes an original contribution to criminal law theory. Required reading for scholars and graduate students working on criminal law defences.” Professor Paul Roberts, University of Nottingham Although it is often accepted that rationale-based defences to criminal liability can be justificatory or excusatory, disagreements about how best to conceptualise the categories of justification and excuse have appeared so interminable that some theorists argue that they should be abandoned altogether. This book offers a novel, principled, and intuitively appealing conceptual account of the natures of justifications and excuses, showing how they differ, and why the distinction between them matters. The monograph breaks new ground by defending a model of rationale-based defences that turns solely on the quality of the defendant's reasoning. This model is shown to generate appealing liability outcomes, advance convincing solutions to questions that have puzzled criminal lawyers for years, and offer suggestions for doctrinal reform that are both normatively sound, and practical. By proposing new ways to think about defences, this book makes an original contribution to criminal law theory that will be of benefit to academics, practitioners, and persons interested in law reform.

General Defences in Criminal Law

Author : Alan Reed,Michael Bohlander
Publisher : Routledge
Page : 613 pages
File Size : 46,8 Mb
Release : 2016-04-15
Category : Law
ISBN : 9781317129547

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General Defences in Criminal Law by Alan Reed,Michael Bohlander Pdf

The law relating to general defences is one of the most important areas in the criminal law, yet the current state of the law in the United Kingdom reveals significant problems in the adoption of a consistent approach to their doctrinal and theoretical underpinnings, as exemplified by a number of recent developments in legislation and case law. A coherent and joined-up approach is still missing. This volume provides an analysis of the main contentious areas in British law, and proposes ways forward for reform. The collection includes contributions from leading experts across various jurisdictions. Part I examines the law in the United Kingdom, with specialist contributions on Irish and Scottish law. Part II consists of contributions by authors from a number of foreign jurisdictions, all written to a common research grid for maximum comparability, which provide a wider background of how other legal systems treat problems relating to general defences in the context of the criminal law, and which may serve as points of reference for domestic law reform.

Self-Defence in Criminal Law

Author : Boaz Sangero
Publisher : Bloomsbury Publishing
Page : 394 pages
File Size : 44,6 Mb
Release : 2006-07-24
Category : Law
ISBN : 9781847312747

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Self-Defence in Criminal Law by Boaz Sangero Pdf

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.

Justification and Excuse in the Criminal Law

Author : John Cyril Smith
Publisher : Unknown
Page : 154 pages
File Size : 45,7 Mb
Release : 1989
Category : Law
ISBN : UIUC:30112053928104

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Justification and Excuse in the Criminal Law by John Cyril Smith Pdf

Fundamentals of Criminal Law

Author : Andrew Simester
Publisher : Oxford University Press
Page : 544 pages
File Size : 52,9 Mb
Release : 2021-02-04
Category : Law
ISBN : 9780192594594

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Fundamentals of Criminal Law by Andrew Simester Pdf

Written by a noted expert in criminal law, this book explores the philosophical underpinnings of the law's major doctrines concerning actus reus, mens rea, and defences, showing that they are not always driven by culpability. They are grounded also in principles of moral responsibility, ascriptive responsibility, and wrongdoing. As such, they engage wider debates about wrongdoing, and about the boundaries between liability and freedom. This multi-textured analysis allows this book to take more nuanced positions about many important controversies in criminal law. It argues, for example, that liability for omissions and for negligence-and even some strict liability elements-can sometimes be legitimate yet, at the same time, should be relatively rare. It also explains why principles of causation can differ in the criminal law from other contexts; what is wrong with the 'voluntary act' requirement; and why luck can affect the wrongs we commit without changing our degree of blameworthiness for committing them. The book concludes with an account of the major types of defences, and of how they interact with an agent's wrong and her underlying motivations. This volume presents a coherent and rich vision of the criminal law that, by its sheer breadth, makes a distinctive contribution to the literature, of interest to lawyers and philosophers alike.

The Role of Emotions in Criminal Law Defences

Author : Eimear Spain
Publisher : Cambridge University Press
Page : 128 pages
File Size : 42,9 Mb
Release : 2011-09-29
Category : Law
ISBN : 9781139503105

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The Role of Emotions in Criminal Law Defences by Eimear Spain Pdf

The law has struggled for many years with the problem of how to accommodate those who commit crimes due to threats or circumstances. The modern ambivalence surrounding the defences of duress and necessity has its origins in the legal past. To date the defences of duress and necessity have been couched in terms such as compulsion, involuntariness and human frailty, resulting in the true nature of the defences being hidden. Psychologists and legal theorists have begun to re-examine the role of emotions in human action, including their effect upon behaviour and choice. In light of recent breakthroughs, Eimear Spain considers how the emotions experienced by those who act due to threats, both human and natural in origin, should affect the attribution of criminal responsibility and punishment. The understanding of emotions extrapolated in this book points towards a new rationale for the existing defences of duress and necessity.

Rethinking Self-Defence

Author : T Markus Funk
Publisher : Bloomsbury Publishing
Page : 256 pages
File Size : 41,8 Mb
Release : 2021-01-14
Category : Law
ISBN : 9781509934195

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Rethinking Self-Defence by T Markus Funk Pdf

Self-defence – the 'ancient right' – has never been more relevant than in the present era of widespread calls for criminal justice reform. The book substantially advances the patinaed discussion by introducing for the first time a comprehensive value-centric approach to thinking about the defence's deeper rationale. It tackles core issues such as the relative importance of the State's claimed monopoly on force, procedural justice and the need to shore up the justice system's legitimacy and creditworthiness, everyone's presumptive 'right to life,' and the importance of ensuring equal standing between citizens. And, in so doing, the book breaks ground by addressing public perceptions of 'just' and 'right' outcomes, as well as the emphasis legal systems place (and should place) on State power.

Defences to Crime

Author : Anonim
Publisher : Unknown
Page : 946 pages
File Size : 40,6 Mb
Release : 1887
Category : Actions and defenses
ISBN : UCAL:B4312541

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Defences to Crime by Anonim Pdf

Killing in Self-Defence

Author : Fiona Leverick
Publisher : OUP Oxford
Page : 248 pages
File Size : 46,6 Mb
Release : 2006-12-07
Category : Law
ISBN : 9780191566653

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Killing in Self-Defence by Fiona Leverick Pdf

This book is a comprehensive analysis of the criminal defence of self-defence from a philosophical, legal and human rights perspective. The primary focus is on self-defence as a defence to homicide, as this is the most difficult type of self-defensive force to justify. Although not always recognised as such, self-defence is a contentious defence, permitting as it does the victim of an attack to preserve her life at the expense of another. If one holds that all human life is of equal value, explaining why this is permissible poses something of a challenge. It is particularly difficult to explain where the aggressor is, for reasons of non-age or insanity for example, not responsible for her actions. The first part of the book is devoted to identifying the proper theoretical basis of a claim of self-defence. It examines the classification of defences, and the concepts of justification and excuse in particular, and locates self-defence within this classification. It considers the relationship between self-defence and the closely related defences of duress and necessity. It then proceeds critically to analyse various philosophical explanations of why self-defensive killing is justified, before concluding that the most convincing account is one that draws on the right to life with an accompanying theory of forfeiture. The book then proceeds to draw upon this analysis to examine various aspects of the law of self-defence. There is detailed analysis of the way in which, on a human rights approach, it is appropriate to treat the issues of retreat, imminence of harm, self-generated self-defence, mistake and proportionality, with a particular focus on whether lethal force is ever permissible in protecting property or in preventing rape. The analysis draws on material from all of the major common law jurisdictions. The book concludes with an examination of the implications that the European Convention on Human Rights might have for the law of self-defence, especially in the areas of mistaken belief and the degree of force permissible to protect property.

Mental Condition Defences and the Criminal Justice System

Author : Alan Reed,Ben Livings,Chris Ashford
Publisher : Cambridge Scholars Publishing
Page : 450 pages
File Size : 40,7 Mb
Release : 2015-02-27
Category : Law
ISBN : 9781443875691

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Mental Condition Defences and the Criminal Justice System by Alan Reed,Ben Livings,Chris Ashford Pdf

Criminal law has struggled to keep pace with developments in psychiatry, both in substantive and procedural terms, and it is widely recognised that increased inter-disciplinary discussion of mental condition defences is required in order to address this gap between the law and psychiatry. This edited collection comes at a time of review of this sensitive area of criminal law. The Law Commission for England and Wales recently placed its evaluation of insanity, automatism and intoxication on hold, while it considers the law on unfitness to plead. These reviews are set against the backdrop of earlier Law Commission reports on partial defences to murder which informed significant changes that were made to the law in this area under sections 52–56 of the Coroners and Justice Act 2009. Recent developments in case law in this substantive area illustrate not only the importance of the role of the medical expert, but also that reform in this area is informed by ongoing inter-disciplinary research. This collection brings together medical and legal conceptions of mental disorder in order to appraise the operation of mental condition defences. In this respect, it provides invaluable and original insights into mental condition defences and criminal law.

Principles and Values in Criminal Law and Criminal Justice: Essays in Honour of Andrew Ashworth

Author : Lucia Zedner,Julian V. Roberts
Publisher : OUP Oxford
Page : 1652 pages
File Size : 50,6 Mb
Release : 2012-08-16
Category : Law
ISBN : 9780191639500

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Principles and Values in Criminal Law and Criminal Justice: Essays in Honour of Andrew Ashworth by Lucia Zedner,Julian V. Roberts Pdf

Celebrating the scholarship of Andrew Ashworth, Vinerian Professor of English Law at the University of Oxford, this collection brings together leading international scholars to explore questions of principle and value in criminal law and criminal justice. Internationally renowned for elaborating a body of principles and values that should underpin criminalization, the criminal process, and sentencing, Ashworth's contribution to the field over forty years of scholarship has been immense. Advancing his project of exploring normative issues at the heart of criminal law and criminal justice, the contributors examine the important and fascinating debates in which Ashworth's influence has been greatest. The essays fall into three distinct but related areas, reflecting Ashworth's primary spheres of influence. Those in Part 1 address the import and role of principles in the development of a just criminal law, with contributions focusing upon core tenets such as the presumption of innocence, fairness, accountability, the principles of criminal liability, and the grounds for defences. Part 2 addresses questions of human rights and due process protections in both domestic and international law. In Part 3 the essays are addressed to core issues in sentencing and punishment: they explore questions of equality, proportionality, adherence to the rule of law, the totality principle (in respect of multiple offences), wrongful acquittals, and unduly lenient sentences. Together they demonstrate how important Ashworth's work has been in shaping how we think about criminal law and criminal justice, and make their own invaluable contribution to contemporary discussions of criminalization and punishment.