Author: Boštjan M. ZupančičPublisher:
ISBN:
Category :
Languages : en
Pages : 30
Book Description
Criminal responsibility under mistake of law
Author: Boštjan M. ZupančičMistake of Law
Author: Annemieke van VerseveldPublisher: Springer Science & Business Media
ISBN: 9067048674
Category : Law
Languages : en
Pages : 191
Book Description
When a perpetrator of an international crime argues in his defence that he did not realise that he had violated the law, is this a reason not to punish him? International crimes constitute serious offences and it could be argued that he who commits such an offence must know his act is punishable. After all, everyone is presumed to know the law. However, convicting someone who is mistaken about the wrongfulness of his act may be in violation of the principle ‘no punishment without guilt’. This book investigates when 'mistake of law' should be a reason to exculpate the perpetrator of an international crime. It demonstrates that the issue of 'mistake of law' goes to the heart of individual criminal responsibility and therewith contributes to the development of a more systematic approach toward the structure of international offences. Valuable for academics and practitioners in the field of International Criminal Law.
Fault in Criminal Law
Author: Alan ReedPublisher: Taylor & Francis
ISBN: 1000630528
Category : Law
Languages : en
Pages : 341
Book Description
This volume presents a comparative examination of the issue of fault in criminal law. Extant law reveals significant problems in adoption of consistent approaches to doctrinal and theoretical underpinnings of fault liability and culpability thresholds in criminal law. This has been exemplified by a plethora of recent jurisprudential authorities revealing varying degrees of confusion and vacillation. This collection focuses on fault liability for inculpation with contributions from leading specialists from different jurisdictions presenting alternative perspectives. The book addresses three specific elements within the arena of fault, embracing an overarching synergy between them. This structure facilitates an examination of UK provisions, with specialist contributions on domestic law, 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 fault elements in the context of the criminal law. With contributions from leading experts in the field, the book will be an invaluable resource for researchers, academics, and practitioners working in this area.
The Defence of Mistake of Law in International Criminal Law
Author: Antonio CocoPublisher: Oxford University Press
ISBN: 0192895745
Category :
Languages : en
Pages : 305
Book Description
The adage 'ignorance of the law is no excuse' is significantly inaccurate. Ignorance and mistake of law do, under certain circumstances, exclude responsibility both in national and international criminal law. This monograph updates the existing reviews of law and practice on the topic, aiming to go a step further: it takes the analysis of mistake of law as a starting point for systematic observations about international criminal law in general. First, the volume defines the contours of the defence of mistake of law in general theory of criminal law, distinguishing it from cognate defences and highlighting, most notably, its connection with superior orders. Secondly, it gives an overview of the possible approaches to the defence, offering examples from national law as terms of reference for the subsequent analysis of international criminal law. Thirdly, it surveys the relevant law and practice of international criminal tribunals, with a focus on the International Criminal Court, and it contemplates offences for which a defence of mistake of law may potentially succeed. Finally, the author tries to interpret what the rules on mistake of law applicable before international criminal tribunals imply about the purpose of punishing individuals and to the legitimacy of such punishment. Whilst the discourse on international criminal law is more and more concerned with global politics, The Defence of Mistake of Law in International Criminal Law brings back the focus on the appropriateness of imposing a guilty verdict on the individual defendant, a human being constituting the basic unit of each society.
Responsibility and Criminal Liability
Author: C.T. SistarePublisher: Springer Science & Business Media
ISBN: 9400924402
Category : Philosophy
Languages : en
Pages : 186
Book Description
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
Author: Albin EserRethinking Criminal Law
Author: George P. FletcherPublisher: Oxford University Press
ISBN: 0195350367
Category : Law
Languages : en
Pages : 927
Book Description
This is a reprint of a book first published by Little, Brown in 1978. George Fletcher is working on a new edition, which will be published by Oxford in three volumes, the first of which is scheduled to appear in January of 2001. Rethinking Criminal Law is still perhaps the most influential and often cited theoretical work on American criminal law. This reprint will keep this classic work available until the new edition can be published.
Mental Disabilities and Criminal Responsibility
Author: Herbert FingarettePublisher:
ISBN: 9780520036307
Category : Law
Languages : en
Pages : 321
Book Description
The Defence of Mistake of Law in International Criminal Law
Author: Antonio Coco (Lawyer)Publisher:
ISBN: 9780192648839
Category : Criminal liability (International law)
Languages : en
Pages : 0
Book Description
Ignorance and mistake of law tend to exclude responsibility in national and international criminal law. This monograph updates the existing reviews of law and practice on the topic and focuses on the appropriateness of imposing a guilty verdict on the individual defendant.
Commentary on the Law of the International Criminal Court
Author: Mark KlambergPublisher: Torkel Opsahl Academic EPublisher
ISBN: 8283481010
Category : Law
Languages : en
Pages : 819
Book Description