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Author: Vera Bergelson Publisher: Stanford University Press ISBN: 0804772436 Category : Law Languages : en Pages : 248
Book Description
"Don't blame the victim" is a cornerstone maxim of Anglo-American jurisprudence, but should the law generally ignore a victim's behavior in determining a defendant's liability? Victims' Rights and Victims' Wrongs criticizes the current criminal law approach and outlines a more fair, coherent, and efficient set of rules to recognize that victims sometimes co-author their own losses or injuries. Evaluating a number of controversial cases involving euthanasia, sadomasochism, date rape, battered wives, and "innocent" aggressors, Vera Bergelson builds a theoretical foundation for reform. Her approach to comparative criminal liability takes into account the actions of both the perpetrator and the victim and offers a unitary explanation for consent, self-defense, and provocation. This innovative book supplies a practical and coherent mechanism for evaluating the impact of a victim's conduct on a perpetrator's liability in a variety of circumstances, including those that are now artificially excluded from comparative analysis.
Author: Vera Bergelson Publisher: Stanford University Press ISBN: 0804772436 Category : Law Languages : en Pages : 248
Book Description
"Don't blame the victim" is a cornerstone maxim of Anglo-American jurisprudence, but should the law generally ignore a victim's behavior in determining a defendant's liability? Victims' Rights and Victims' Wrongs criticizes the current criminal law approach and outlines a more fair, coherent, and efficient set of rules to recognize that victims sometimes co-author their own losses or injuries. Evaluating a number of controversial cases involving euthanasia, sadomasochism, date rape, battered wives, and "innocent" aggressors, Vera Bergelson builds a theoretical foundation for reform. Her approach to comparative criminal liability takes into account the actions of both the perpetrator and the victim and offers a unitary explanation for consent, self-defense, and provocation. This innovative book supplies a practical and coherent mechanism for evaluating the impact of a victim's conduct on a perpetrator's liability in a variety of circumstances, including those that are now artificially excluded from comparative analysis.
Author: Carrie A. Rentschler Publisher: Duke University Press ISBN: 0822349493 Category : Language Arts & Disciplines Languages : en Pages : 292
Book Description
Analyzes how the U.S. victims rights movement has expanded the concept of victimhood to include family members and others close to the direct victims of violent crime.
Author: Allison Brennan Publisher: MIRA ISBN: 0369717791 Category : Fiction Languages : en Pages : 473
Book Description
From New York Times bestselling author Allison Brennan comes a gripping new thriller. A lethal attack with no clear motive…and a killer dead-set on keeping the truth buried. A bomb explodes on a sunset charter cruise out of Friday Harbor at the height of tourist season and kills everyone on board. Now this fishing and boating community is in shock and asking who would commit such a heinous crime—the largest act of mass murder in the history of the San Juan Islands. Was the explosion an act of domestic terrorism, or was one of the dead the primary target? That is the first question Special Agent Matt Costa, Detective Kara Quinn and the rest of the FBI team need to answer, but they have few clues and no witnesses. Accused of putting profits before people after leaking fuel endangered an environmentally sensitive preserve, the West End Charter company may itself have been the target. As Matt and his team get closer to answers, they find one of their own caught in the crosshairs of a determined killer. Don’t miss THE MISSING WITNESS, the brand-new page-turning thriller from New York Times bestselling author Allison Brennan! A Quinn & Costa Thriller Book 1: The Third to Die Book 2: Tell No Lies Book 3: The Wrong Victim Book 4: Seven Girls Gone Book 5: The Missing Witness
Author: John C. P. Goldberg Publisher: Harvard University Press ISBN: 0674246527 Category : Law Languages : en Pages : 393
Book Description
Two preeminent legal scholars explain what tort law is all about and why it matters, and describe their own view of tort’s philosophical basis: civil recourse theory. Tort law is badly misunderstood. In the popular imagination, it is “Robin Hood” law. Law professors, meanwhile, mostly dismiss it as an archaic, inefficient way to compensate victims and incentivize safety precautions. In Recognizing Wrongs, John Goldberg and Benjamin Zipursky explain the distinctive and important role that tort law plays in our legal system: it defines injurious wrongs and provides victims with the power to respond to those wrongs civilly. Tort law rests on a basic and powerful ideal: a person who has been mistreated by another in a manner that the law forbids is entitled to an avenue of civil recourse against the wrongdoer. Through tort law, government fulfills its political obligation to provide this law of wrongs and redress. In Recognizing Wrongs, Goldberg and Zipursky systematically explain how their “civil recourse” conception makes sense of tort doctrine and captures the ways in which the law of torts contributes to the maintenance of a just polity. Recognizing Wrongs aims to unseat both the leading philosophical theory of tort law—corrective justice theory—and the approaches favored by the law-and-economics movement. It also sheds new light on central figures of American jurisprudence, including former Supreme Court Justices Oliver Wendell Holmes, Jr., and Benjamin Cardozo. In the process, it addresses hotly contested contemporary issues in the law of damages, defamation, malpractice, mass torts, and products liability.
Author: Tom Regan Publisher: Rowman & Littlefield Publishers ISBN: 0742599388 Category : Nature Languages : en Pages : 155
Book Description
Regan provides the theoretical framework that grounds a responsible pro-animal rights perspective, and ultimately explores how asking moral questions about other animals can lead to a better understanding of ourselves.
Author: Albin Dearing Publisher: Springer ISBN: 3319450484 Category : Law Languages : en Pages : 417
Book Description
This book analyses the rights of crime victims within a human rights paradigm, and describes the inconsistencies resulting from attempts to introduce the procedural rights of victims within a criminal justice system that views crime as a matter between the state and the offender, and not as one involving the victim. To remedy this problem, the book calls for abandoning the concept of crime as an infringement of a state’s criminal laws and instead reinterpreting it as a violation of human rights. The state’s right to punish the offender would then be replaced by the rights of victims to see those responsible for violating their human rights convicted and punished and by the rights of offenders to be treated as accountable agents.
Author: Peter Brooks Publisher: University of Chicago Press ISBN: 9780226075853 Category : Law Languages : en Pages : 238
Book Description
Literature has often understood the problematic nature of confession better than the law, as Brooks demonstrates in perceptive readings of legal cases set against works by Roussean, Dostoevsky, Joyce, and Camus, among others."--BOOK JACKET.
Author: Helen Frowe Publisher: Oxford University Press ISBN: 0198877684 Category : Philosophy Languages : en Pages : 206
Book Description
The fate of heritage in war has attracted considerable attention in recent years, due in no small part to ISIS's campaign of destruction across the Middle East and, in 2012, the International Criminal Court's first prosecution of heritage destruction as a war crime. Regular armed forces have been criticised for both failing to protect and damaging heritage sites. In response, heritage organisations urge the better implementation of existing international laws on heritage protection in war. This book argues that any such law or policy will require combatants to choose between safeguarding heritage and safeguarding other goods, including human life. It thus challenges the view, repeatedly expressed by heritage professionals, that the choice between protecting heritage and protecting lives is a false dichotomy. Existing international law not only implies such choices but also, more worryingly, gives no indication of how they should be resolved. Drawing on contemporary work on the ethics of war, this book develops an account of the permissible protection of heritage in war. It argues that heritage is not morally special; rather, heritage is one of many goods that contribute to individuals' lives going well and that we routinely trade off against each other. By drawing on these more familiar dilemmas, we can make progress on how to balance the protection of heritage against risks to human life. Amongst other things, the book considers the different ways in which heritage might contribute to individual flourishing, the role of consent in justifying the imposition of risk on combatants and civilians, the permissibility of forcefully defending heritage and what, if anything, could compensate for the loss of heritage in war.
Author: Stephen A. Smith Publisher: Oxford University Press ISBN: 0191058742 Category : Law Languages : en Pages : 369
Book Description
Rights, Wrongs, and Injustices is the first comprehensive account of the scope, foundations, and structure of remedial law in common law jurisdictions. The rules governing the kinds of complaints that common law courts will accept are generally well understood. However, the rules governing when and how they respond to such complaints are not. This book provides that understanding. It argues that remedies are judicial rulings, and that remedial law is the law governing their availability and content. Focusing on rulings that resolve private law disputes (for example, damages, injunctions, and restitutionary orders), this book explains why remedial law is distinctive, how it relates to substantive law, and what its foundational principles are. The book advances four main arguments. First, the question of what courts should do when individuals seek their assistance (the focus of remedial law) is different from the question of how individuals should treat one another in their day-to-day lives (the focus of substantive law). Second, remedies provide distinctive reasons to perform the actions they command; in particular, they provide reasons different from those provided by either rules or sanctions. Third, remedial law has a complex relationship to substantive law. Some remedies are responses to rights-threats, others to wrongs, and yet others to injustices. Further, remedies respond to these events in different ways: while many remedies (merely) replicate substantive duties, others modify substantive duties and some create entirely new duties. Finally, remedial law is underpinned by general principles-principles that cut across the traditional distinctions between so-called “legal” and “equitable” remedies. Together, these arguments provide an understanding of remedial law that takes the concept of a remedy seriously, classifies remedies according to their grounds and content, illuminates the relationship between remedies and substantive law, and presents remedial law as a body of principles rather than a historical category.
Author: Vera Bergelson
Author: Vera Bergelson
Author: Carrie A. Rentschler
Author: Allison Brennan
Author: Alison Burke
Author: John C. P. Goldberg
Author: Tom Regan
Author: Albin Dearing
Author: Peter Brooks
Author: Helen Frowe
Author: Stephen A. Smith