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 : 36.66 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 : 49.44 MB
Format : PDF
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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 : 90.17 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 : 64.96 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 : 56.45 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

The Fundamental Concept Of Crime In International Criminal Law

Author : Iryna Marchuk
ISBN : 9783642282461
Genre : Law
File Size : 61.17 MB
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This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective. In this context, particular thought has been given to the catalyzing impact of the criminal law theory that has developed in major world legal systems upon the crystallization of the substantive part of international criminal law. This study offers a critical overview of international and domestic jurisprudence with regard to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive comparative analysis of substantive criminal laws in selected legal jurisdictions.
Category: Law

Criminal Law Series

Author :
ISBN : STANFORD:36105061319070
Genre : Criminal law
File Size : 64.1 MB
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Petitions and briefs filed with the U.S. Supreme Court.
Category: Criminal law

Ai Approaches To The Complexity Of Legal Systems

Author : Pompeu Casanovas
ISBN : 9783662459607
Genre : Computers
File Size : 53.7 MB
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This book constitutes revised selected papers from the two International Workshops on Artificial Intelligence Approaches to the Complexity of Legal Systems, AICOL IV and AICOL V, held in 2013. The first took place as part of the 26th IVR Congress in Belo Horizonte, Brazil, during July 21-27, 2013; the second was held in Bologna as a joint special workshop of JURIX 2013 on December 11, 2013. The 19 papers presented in this volume were carefully reviewed and selected for inclusion in this book. They are organized in topical sections named: social intelligence and legal conceptual models; legal theory, normative systems and software agents; semantic Web technologies, legal ontologies and argumentation; and crowdsourcing and online dispute resolution (ODR).
Category: Computers

Active Complementarity

Author : Morten Bergsmo
ISBN : 8293081562
Genre : Complementarity (International law)
File Size : 47.90 MB
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'Positive complementarity' has become a trendy term since the 2010 Kampala Review Conference. Little thought went into its definition when it was first coined in informal discussions at the International Criminal Court in 2003. 'Complementarity' in the Court's Statute is a passive admissibility threshold below which the Court will not investigate or prosecute. The process to construct national ability to investigate and prosecute core international crimes, on the other hand, requires tireless efforts by numerous international and national actors for many years to come. Democratizing the access to legal information should lie at the heart of such capacity building and knowledge-transfer. One way of reducing existing conditions of inequality faced by war crimes lawyers and investigators operating in different jurisdictions is to facilitate the direct access of national actors to legal sources and knowledge. This book seeks to make the existing capacity building discourse more practical, focused and real. It brings together contributions by persons with expertise in the practice of capacity building, the development and maintenance of tools that can be used to make knowledge-transfer more effective and sustainable, and international criminal law. The Legal Tools Project of the International Criminal Court - a technical platform that can be used by those who intend to strengthen capacity - is discussed in some detail.
Category: Complementarity (International law)

Dealing With Uncertainties In Policing Serious Crime

Author : Gabriele Bammer
ISBN : 9781921666377
Genre : Social Science
File Size : 29.84 MB
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Grappling with uncertainties is at the heart of investigating serious crime. At a time when such crime is becoming more complex and resources are increasingly stretched, this book draws together research and practice perspectives to review fruitful approaches to uncertainties and to chart the way forward. Scene setting chapters describe the consequences of globalisation and the spread of sophisticated information technologies (Sue Wilkinson), as well as advances in understanding and managing uncertainty (Michael Smithson). Ways of enhancing responses from statistics (Robyn Attewell), risk analysis (Richard Jarrett and Mark Westcott) and the psychology of decision making (Mark Kebbell, Damon Muller and Kirsty Martin) follow. These are complemented by insights from law (the Hon. Tim Carmody SC), politics (the Hon. Carmen Lawrence) and business (Neil Fargher), which all have significant intersections with policing. Synthesis is provided by the four final chapters which present the outlooks of the investigating officer and investigation manager (Peter Martin), the provider of policing higher education (Tracey Green and Greg Linsdell), the capacity-building consultant (Steve Longford), and the leader of a law enforcement agency (Alastair Milroy).
Category: Social Science