THE MATRIX OF DERIVATIVE CRIMINAL LIABILITY

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The Matrix Of Derivative Criminal Liability

Author : Gabriel Hallevy
ISBN : 9783642281051
Genre : Law
File Size : 88.20 MB
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Derivative criminal liability includes inchoate offenses (criminal attempt, conspiracy, preparatory offenses, etc.), complicity (joint perpetration, perpetration through another, incitement, solicitation, accessoryship, etc.), organized crime, natural and probable consequences liability, post-crime aid, enterprise liability, terrorism and terrorist infrastructure, and many more forms of criminal liability, clearly making it a major pillar of modern criminal law. Although derivative criminal liability affects countries worldwide, there is still no general legal theory that covers this issue. The objective of the present book is to develop a comprehensive, general, legally sophisticated, and at the same time practical theory of derivative criminal liability. The book emphasizes the practicality of the theory to enable courts, lawyers, legislators, attorneys, students, and academics to apply it in their daily professional occupations.
Category: Law

The Matrix Of Insanity In Modern Criminal Law

Author : Gabriel Hallevy
ISBN : 9783319205977
Genre : Law
File Size : 80.87 MB
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This book challenges the assumptions of modern criminal law that insanity is a natural, legally and medically defined phenomenon (covering a range of medical disorders). By doing so, it paves the way for a new perspective on insanity and can serve as the basis for a new approach to insanity in modern criminal law. The book covers the following aspects: the structure of the principle of fault in modern criminal law, the development of the insanity defense in criminal law, tangential in personam defenses in criminal law and their implications for insanity and the legal mechanism of reproduction of fault. The focus is on the Anglo-American and European-Continental legal systems. Given the attention consistently drawn by international and domestic events in this context, the book will be of interest to a broad and growing international audience.
Category: Law

Liability For Crimes Involving Artificial Intelligence Systems

Author : Gabriel Hallevy
ISBN : 9783319101248
Genre : Law
File Size : 46.33 MB
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The book develops a general legal theory concerning the liability for offenses involving artificial intelligence systems. The involvement of the artificial intelligence systems in these offenses may be as perpetrators, accomplices or mere instruments. The general legal theory proposed in this book is based on the current criminal law in most modern legal systems. In most modern countries, unmanned vehicles, sophisticated surgical systems, industrial computing systems, trading algorithms and other artificial intelligence systems are commonly used for both industrial and personal purposes. The question of legal liability arises when something goes wrong, e.g. the unmanned vehicle is involved in a car accident, the surgical system is involved in a surgical error or the trading algorithm is involved in fraud, etc. Who is to be held liable for these offenses: the manufacturer, the programmer, the user, or, perhaps, the artificial intelligence system itself? The concept of liability for crimes involving artificial intelligence systems has not yet been widely researched. Advanced technologies are forcing society to face new challenges, both technical and legal. The idea of liability in the specific context of artificial intelligence systems is one such challenge that should be thoroughly explored.
Category: Law

The Oxford Handbook Of Criminal Law

Author : Markus D Dubber
ISBN : 9780191654602
Genre : Law
File Size : 28.1 MB
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The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison or corrections law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.
Category: Law

Rethinking Criminal Law

Author : George P. Fletcher
ISBN : 0195350367
Genre : Law
File Size : 45.97 MB
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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.
Category: Law

Regulating Corporate Criminal Liability

Author : Dominik Brodowski
ISBN : 9783319059938
Genre : Law
File Size : 21.71 MB
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Corporate Criminal Liability is on the rise worldwide: More and more legal systems now include genuinely criminal sanctioning for legal entities. The various regulatory options available to national criminal justice systems, their implications and their constitutional, economic and psychological parameters are key questions addressed in this volume. Specific emphasis is put on procedural questions relating to corporate criminal liability, on alternative sanctions such as blacklisting of corporations, on common corporate crimes and on questions of transnational criminal justice.
Category: Law

40 Days Of Dating

Author : Jessica Walsh
ISBN : 9781613127155
Genre : Self-Help
File Size : 54.29 MB
Format : PDF
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When New York–based graphic designers and long-time friends Timothy Goodman and Jessica Walsh found themselves single at the same time, they decided to try an experiment. The old adage says that it takes 40 days to change a habit—could the same be said for love? So they agreed to date each other for 40 days, record their experiences in questionnaires, photographs, videos, texts, and artworks, and post the material on a website they would create for this purpose. What began as a small experiment between two friends became an Internet sensation, drawing 5 million unique (and obsessed) visitors from around the globe to their site and their story since it was launched in July 2013. 40 Days of Dating: An Experiment is a beautifully designed, expanded look at the experiment and the results, including a great deal of material that never made it onto the site, such as who they were as friends and individuals before the 40 days and who they have become since. Note: 40 Days of Dating has a special binding that allows it to open very flat by attaching the endpapers to the inside covers.
Category: Self-Help

The Laws Of Robots

Author : Ugo Pagallo
ISBN : 9789400765641
Genre : Law
File Size : 85.26 MB
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This book explores how the design, construction, and use of robotics technology may affect today’s legal systems and, more particularly, matters of responsibility and agency in criminal law, contractual obligations, and torts. By distinguishing between the behaviour of robots as tools of human interaction, and robots as proper agents in the legal arena, jurists will have to address a new generation of “hard cases.” General disagreement may concern immunity in criminal law (e.g., the employment of robot soldiers in battle), personal accountability for certain robots in contracts (e.g., robo-traders), much as clauses of strict liability and negligence-based responsibility in extra-contractual obligations (e.g., service robots in tort law). Since robots are here to stay, the aim of the law should be to wisely govern our mutual relationships.
Category: Law

Human Rights In European Criminal Law

Author : Stefano Ruggeri
ISBN : 9783319120423
Genre : Law
File Size : 29.37 MB
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This book deals with human rights in European criminal law after the Lisbon Treaty. Doubtless the Lisbon Treaty has constituted a milestone in the development of European criminal justice. Not only has the reform following the Treaty given binding force to the EU Charter of Fundamental Rights, but furthermore it has paved the way for unprecedented forms of supranational legislation. In this scenario, the enforcement of individual rights in criminal matters has become a core goal of EU legislation. Alongside these developments, new interactions between national and supranational jurisprudences have emerged, which have significantly contributed to a human rights-oriented approach to European criminal law. The book analyses the main developments of this complex phenomenon from an interdisciplinary perspective. Criminal and procedural law, constitutional law and comparative law must thus be combined to achieve a full understanding of these developments and of their impact on national law.
Category: Law

The Right To Be Punished

Author : Gabriel Hallevy
ISBN : 9783642323881
Genre : Law
File Size : 87.44 MB
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Does an offender have the right to be punished? "The right to be punished" may sound like an oxymoron, but it is not necessarily so. With the emergence of modern criminal law, the offender gained the right to be punished by rational criminal law rather than being lynched by an angry mob. The present-day offender may have the right to be punished by doctrinal sentencing rather than being subjected to verdicts based on vague, unclear, and uncertain principles. In modern criminal law, the imposition of criminal liability follows accurate and strict rules, whereas there are no similar rules for the imposition of punishment. The process of sentencing is vague and obscure, as are the considerations used for the imposition of punishments. The objective of the present book is to propose a comprehensive, general, and legally sophisticated theory of modern doctrinal sentencing. The challenges of such a legal theory are plenty and complex. In addition to increasing clarity and certainty, modern doctrinal sentencing must deal with modern types of delinquency (e.g. organized crime, recidivism, corporate offenders, high-tech offenses, etc.) and modern principles of criminal law. Modern doctrinal sentencing must serve to ensure optimal sentencing.
Category: Law