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Author: Stephen Shute Publisher: Oxford University Press, USA ISBN: 9780199243495 Category : Law Languages : en Pages : 356
Book Description
Concentrating upon those doctrines that make up the general part of the criminal law this collection of essays by leading American and British legal experts sheds theoretical light on key issues of contemporary relevance.
Author: Stephen Shute Publisher: Oxford University Press, USA ISBN: 9780199243495 Category : Law Languages : en Pages : 356
Book Description
Concentrating upon those doctrines that make up the general part of the criminal law this collection of essays by leading American and British legal experts sheds theoretical light on key issues of contemporary relevance.
Author: A P Simester Publisher: Bloomsbury Publishing ISBN: 1782254560 Category : Law Languages : en Pages : 639
Book Description
This book celebrates Andreas (Andrew) von Hirsch's pioneering contributions to liberal criminal theory. He is particularly noted for reinvigorating desert-based theories of punishment, for his development of principled normative constraints on the enactment of criminal laws, and for helping to bridge the gap between Anglo-American and German criminal law scholarship. Underpinning his work is a deep commitment to a liberal vision of the state. This collection brings together a distinguished group of international authors, who pay tribute to von Hirsch by engaging with topics on which he himself has focused. The essays range across sentencing theory, questions of criminalisation, and the relation between criminal law and the authority of the state. Together, they articulate and defend the ideal of a liberal criminal justice system, and present a fitting accolade to Andreas von Hirsch's scholarly life.
Author: Michael S. Moore Publisher: ISBN: 0199599505 Category : Criminal act Languages : en Pages : 433
Book Description
In print for the first time in over ten years, Act and Crime provides a unified account of the theory of action presupposed by both Anglo-American criminal law and the morality that underlies it. The book defends the view that human actions are always volitionally caused bodily movements andnothing else. The theory is used to illuminate three major problems in the drafting and the interpretation of criminal codes: 1) what the voluntary act requirement both does and should require; 2) what complex descriptions of actions prohitbited by criminal codes both do and should require (inaddition to the doing of a voluntary act); and 3) when two actions are 'the same' for purposes of assessing whether multiple prosecutions and multiple punishments are warranted. The book both contributes to the development of a coherent theory of action in philosophy, and it provides bothlegislators and judgees (and the lawyers who argue to both) a grounding in three of the most basic elelments of criminal liability.
Author: Edward R. Maguire Publisher: Routledge ISBN: 1134706189 Category : Social Science Languages : en Pages : 503
Book Description
Criminal Justice Theory, Second Edition is the first and only text, edited by U.S. criminal justice educators, on the theoretical foundations of criminal justice, not criminological theory. This new edition includes entirely new chapters as well as revisions to all others, with an eye to accessibility and coherence for upper division undergraduate and beginning graduate students in the field.
Author: A. P. Simester Publisher: Hart Publishing Limited ISBN: 9781841133645 Category : Criminal law Languages : en Pages : 0
Book Description
Aimed at undergraduate law students seeking a firm grasp of doctrine and principle, this text combines theoretical precision and depth with a detailed exposition of the law.
Author: Michael R. Gottfredson Publisher: ISBN: 9780804717731 Category : Social Science Languages : en Pages : 297
Book Description
By articulating a general theory of crime and related behavior, the authors present a new and comprehensive statement of what the criminological enterprise should be about. They argue that prevalent academic criminology—whether sociological, psychological, biological, or economic—has been unable to provide believable explanations of criminal behavior. The long-discarded classical tradition in criminology was based on choice and free will, and saw crime as the natural consequence of unrestrained human tendencies to seek pleasure and to avoid pain. It concerned itself with the nature of crime and paid little attention to the criminal. The scientific, or disciplinary, tradition is based on causation and determinism, and has dominated twentieth-century criminology. It concerns itself with the nature of the criminal and pays little attention to the crime itself. Though the two traditions are considered incompatible, this book brings classical and modern criminology together by requiring that their conceptions be consistent with each other and with the results of research. The authors explore the essential nature of crime, finding that scientific and popular conceptions of crime are misleading, and they assess the truth of disciplinary claims about crime, concluding that such claims are contrary to the nature of crime and, interestingly enough, to the data produced by the disciplines themselves. They then put forward their own theory of crime, which asserts that the essential element of criminality is the absence of self-control. Persons with high self-control consider the long-term consequences of their behavior; those with low self-control do not. Such control is learned, usually early in life, and once learned, is highly resistant to change. In the remainder of the book, the authors apply their theory to the persistent problems of criminology. Why are men, adolescents, and minorities more likely than their counterparts to commit criminal acts? What is the role of the school in the causation of delinquincy? To what extent could crime be reduced by providing meaningful work? Why do some societies have much lower crime rates than others? Does white-collar crime require its own theory? Is there such a thing as organized crime? In all cases, the theory forces fundamental reconsideration of the conventional wisdom of academians and crimina justic practitioners. The authors conclude by exploring the implications of the theory for the future study and control of crime.
Author: Darryl Robinson Publisher: Cambridge University Press ISBN: 1009028286 Category : Law Languages : en Pages : 327
Book Description
In Justice in Extreme Cases, Darryl Robinson argues that the encounter between criminal law theory and international criminal law (ICL) can be illuminating in two directions: criminal law theory can challenge and improve ICL, and conversely, ICL's novel puzzles can challenge and improve mainstream criminal law theory. Robinson recommends a 'coherentist' method for discussions of principles, justice and justification. Coherentism recognizes that prevailing understandings are fallible, contingent human constructs. This book will be a valuable resource to scholars and jurists in ICL, as well as scholars of criminal law theory and legal philosophy.
Author: Andrew Simester Publisher: Oxford University Press, USA ISBN: 0198853149 Category : Law Languages : en Pages : 537
Book Description
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 but are grounded also in principles of moral responsibility, ascriptive responsibility, and wrongdoing.
Author: José Becerra Publisher: Springer Nature ISBN: 3030713482 Category : Law Languages : en Pages : 233
Book Description
This book intends to contribute to the consolidation of the new approach to lawmaking that has taken place in the last 20 years in legal philosophy and legal theory, spreading to other legal fields, especially criminal law. This new legislation science focusing on criminal problems has triggered a growing interest in the field, a dynamic which has led to a long-needed convergence of disciplines such as administrative law, criminal law, criminology, political science, sociology and, of course, legal philosophy to contribute to a more rational decision-making process for the construct of criminal laws. With the intention to continue on with the building of a solid “Criminal Legislation Science”, this work presents scholars, lawmakers and students various emblematic approaches to enrich the discussion about different and promising tools and theoretical frameworks.
Author: Stephen Shute
Author: Stephen Shute
Author: Larry Alexander
Author: A P Simester
Author: Michael S. Moore
Author: Edward R. Maguire
Author: A. P. Simester
Author: Michael R. Gottfredson
Author: Darryl Robinson
Author: Andrew Simester
Author: José Becerra