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Author: Leo Katz
Publisher: Oxford University Press, USA
ISBN:
Category : Criminal law
Languages : en
Pages : 654
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Book Description
"Featuring 48 tightly edited essays by leading legal scholars, philosophers, and social scientists, Foundations of Criminal Law is a comprehensive examination of the foundational elements of liability. The selections range in approach from classical to contemporary and cover such topics as theories of punishment, mental states, causation, justification and excuse and sentencing. A general introduction precedes each section, and each essay is followed by notes and questions designed to encourage readers to think analytically about the issues it raises. Unique in the depth and sophistication of its coverage, this collection makes an excellent text for courses in criminal law, legal philosophy, and jurisprudence"--Unedited summary from book cover.
Author: Leo Katz
Publisher: Oxford University Press, USA
ISBN:
Category : Criminal law
Languages : en
Pages : 654
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Book Description
"Featuring 48 tightly edited essays by leading legal scholars, philosophers, and social scientists, Foundations of Criminal Law is a comprehensive examination of the foundational elements of liability. The selections range in approach from classical to contemporary and cover such topics as theories of punishment, mental states, causation, justification and excuse and sentencing. A general introduction precedes each section, and each essay is followed by notes and questions designed to encourage readers to think analytically about the issues it raises. Unique in the depth and sophistication of its coverage, this collection makes an excellent text for courses in criminal law, legal philosophy, and jurisprudence"--Unedited summary from book cover.
Author: Leo Katz
Publisher:
ISBN: 9781566629942
Category : Criminal law
Languages : en
Pages : 0
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Book Description
Foundations of Criminal Law is a collection of readings, including expert commentary. Addresses theory and evidence of the crime problem, as well as crime itself and its punishment. Discusses the principle of liability, including accomplice, attempt, and conspiracy liability. Also explores justification and excuse, and sentencing theory and practice.
Author: Stephen S. Owen
Publisher: Oxford University Press, USA
ISBN: 9780197659830
Category : Criminal justice, Administration of
Languages : en
Pages : 0
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Book Description
Author: R. A. Duff
Publisher: OUP Oxford
ISBN: 0191654698
Category : Law
Languages : en
Pages : 560
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Book Description
Twenty-five leading contemporary theorists of criminal law tackle a range of foundational issues about the proper aims and structure of the criminal law in a liberal democracy. The challenges facing criminal law are many. There are crises of over-criminalization and over-imprisonment; penal policy has become so politicized that it is difficult to find any clear consensus on what aims the criminal law can properly serve; governments seeking to protect their citizens in the face of a range of perceived threats have pushed the outer limits of criminal law and blurred its boundaries. To think clearly about the future of criminal law, and its role in a liberal society, foundational questions about its proper scope, structure, and operations must be re-examined. What kinds of conduct should be criminalized? What are the principles of criminal responsibility? How should offences and defences be defined? The criminal process and the criminal trial need to be studied closely, and the purposes and modes of punishment should be scrutinized. Such a re-examination must draw on the resources of various disciplines-notably law, political and moral philosophy, criminology and history; it must examine both the inner logic of criminal law and its place in a larger legal and political structure; it must attend to the growing field of international criminal law, it must consider how the criminal law can respond to the challenges of a changing world. Topics covered in this volume include the question of criminalization and the proper scope of the criminal law; the grounds of criminal responsibility; the ways in which offences and defences should be defined; the criminal process and its values; criminal punishment; the relationship between international criminal law and domestic criminal law. Together, the essays provide a picture of the exciting state of criminal law theory today, and the basis for further research and debate in the coming years.
Author: Victor Tadros
Publisher: Oxford University Press on Demand
ISBN: 0199554420
Category : Law
Languages : en
Pages : 385
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Book Description
How can the brutal and costly enterprise of criminal punishment be justified? This book makes a provocative, original contribution to the philosophical literature and debate on the morality of punishing, arguing that punishment is justified in the duties that offenders incur as a result of their wrongdoing.
Author: Daniel E. Hall
Publisher: SAGE Publications
ISBN: 1071811681
Category : Law
Languages : en
Pages : 452
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Book Description
Fundamentals of Criminal Law: Caught in the Act offers an accessible, comprehensive and contemporary survey of the field. With a focus on the current state of the law and contemporary problems that matter to students, the material is presented in a meaningful and conversational tone designed to pique curiosity and foster critical thinking.
Author: Kai Ambos
Publisher: Oxford University Press
ISBN: 0192658123
Category : Law
Languages : en
Pages : 640
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Book Description
Since the adoption of the Rome Statute of the International Criminal Court in 1998, international criminal law has rapidly grown in importance. This second edition of the first volume of an acclaimed three-volume Treatise on International Criminal Law deals with the foundations and general part of international criminal law, and general principles of international criminal justice. Taking into account the scholarly literature, not only sources written in English but also in French, German, Italian, Portuguese, and Spanish, the book draws on the author's extensive academic work and practical experience in international criminal law. This second edition of the authoritative volume has been completely revised, updated, and rewritten in some parts. These comprehensive updates ensure that Kai Ambos' Treatise remains an indispensable reference work for academics and practitioners of international criminal law.
Author: Steven Shavell
Publisher: Harvard University Press
ISBN: 0674043499
Category : Law
Languages : en
Pages : 760
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Book Description
What effects do laws have? Do individuals drive more cautiously, clear ice from sidewalks more diligently, and commit fewer crimes because of the threat of legal sanctions? Do corporations pollute less, market safer products, and obey contracts to avoid suit? And given the effects of laws, which are socially best? Such questions about the influence and desirability of laws have been investigated by legal scholars and economists in a new, rigorous, and systematic manner since the 1970s. Their approach, which is called economic, is widely considered to be intellectually compelling and to have revolutionized thinking about the law. In this book Steven Shavell provides an in-depth analysis and synthesis of the economic approach to the building blocks of our legal system, namely, property law, tort law, contract law, and criminal law. He also examines the litigation process as well as welfare economics and morality. Aimed at a broad audience, this book requires neither a legal background nor technical economics or mathematics to understand it. Because of its breadth, analytical clarity, and general accessibility, it is likely to serve as a definitive work in the economic analysis of law.
Author: Frank Morn
Publisher:
ISBN: 9780890898741
Category : Criminal investigation
Languages : en
Pages : 0
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Book Description
This book fills an important gap in the textbooks on criminal investigations. Foundations of Criminal Investigation presents the relevant investigations process as part of the scientific method. This places criminal investigation among the disciplines that have a scientific method or procedure in which a problem is discovered and articulated, facts are found to address the problem, these facts are analyzed, and then the findings are presented in some public format. Author Frank Morn incorporates contributions from some of these other academic disciplines such as anthropology, archaeology, history, geography, oceanography, psychology, and the natural sciences. After an introductory section that gives an overview of both the criminal investigation process and the history of criminal investigation, Foundations of Criminal Investigation is divided into two distinct parts. Part One presents an overview of the investigative process from crime scene to the courtroom while Part Two deals with particular investigative problems such as death, sex offenses, arson, and robbery -- framed against the backdrop of the information found in Part One. Numerous illustrations and charts also help explain the investigative process. This book provides a strong grounding and framework for those interested in a more practical hands-on approach to criminal investigations.
Author: Alex Stein
Publisher: Oxford University Press on Demand
ISBN: 9780198257363
Category : Law
Languages : en
Pages : 248
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Book Description
This book examines systematically the underlying theory of evidence in Anglo-American legal systems and identifies the defining characteristics of adjudicative fact-finding. Stein develops a detailed innovative theory which sets aside the traditional vision of evidence law as facilitating the discovery of the truth. Combining probability theory, epistemology, economic analysis, and moral philosophy; he argues instead that the fundamental purpose of evidence law is to apportion the risk oferror in conditions of uncertainty. Stein begins by identifying the domain of evidence law.He then describes the basic traits of adjudicative fact-finding and explores the epistemological foundations of the concept. This discussion identifies the problem of probabilistic deduction that accompanies generalizations to which fact-finders resort. This problem engenders paradoxes which Stein proposes to resolve by distinguishing between probability and weight. Stein advances the principle of maximal individualization that does not allow factfinders to make a finding against a person when the evidence they use is not susceptible to individualized testing.He argues that this principle has broad application, but may still be overridden by social utility. This analysis identifies allocation of the risk of error as requiring regulation by evidence law. Advocating a principled allocation of the risk of error, Stein denounces free proof for allowing individual judges to apportion this risk asthey deem fit.He criticizes the UK's recent shift to a discretionary regime on similar grounds. Stein develops three fundamental principles for allocating the risk of error: the cost-efficiency principle which applies across the board; the equality principle which applies in civil litigation; and the equal best principle which applies in criminal trials. The cost-efficiency principle demands that fact-finders minimize the total cost of errors and error-avoidance.Under the equality principle,fact-finding procedures and decisions must not produce an unequal apportionment of the risk of error between the claimant and the defendant. This risk should be apportioned equally between the parties. The equal best principle sets forth two conditions for justifiably convicting and punishing a defendant. The state must do its best to protect the defendant from the risk of erroneous conviction and must not provide better protection to other individuals. Regulating both the admissibility of evidence and its sufficiency, these principles explain and justify many existing evidentiary rules. Alex Stein is Professor of Law at the Benjamin N.Cardozo School of Law,New York.
