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Author : Alan Norrie
ISBN : 0521606012
Genre : Law
File Size : 56.61 MB
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Crime, Reason and History provides an alternative approach to the study of the general principles of criminal law. It emphasises, in contrast to orthodox texts, the tensions and contradictions at the law's heart. The author outlines the themes of responsibility, rationality and justice which govern the orthodox criminal law text. He traces these to the early nineteenth century reform of the criminal law and notes conflicts within reform ideologies relating to the idea of the 'responsible individual'. He then takes the reader through the bulk of the criminal law's 'general part' showing how conflicts from reform ideology emerge within criminal law. An historical and political logic underlies its illogicalities, giving it its 'shape'. The author presents a sceptical critique of the liberal positivist tradition in criminal law scholarship, and a social analysis of both its practical necessity and intellectual impossibility. He shows how the ideology of individual legal justice was imposed as a means of excluding alternative political voices, while recognising its importance for the survival of the liberal polity.
Author : Sarah Wilson
ISBN : 9781136237720
Genre : Law
File Size : 76.18 MB
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The recent global financial crisis has been characterised as a turning point in the way we respond to financial crime. Focusing on this change and ‘crime in the commercial sphere’, this text considers the legal and economic dimensions of financial crime and its significance in societal consciousness in twenty-first century Britain. Considering how strongly criminal enforcement specifically features in identifying the post-crisis years as a ‘turning point’, it argues that nineteenth-century encounters with financial crime were transformative for contemporary British societal perceptions of ‘crime’ and its perpetrators, and have lasting resonance for legal responses and societal reactions today. The analysis in this text focuses primarily on how Victorian society perceived and responded to crime and its perpetrators, with its reactions to financial crime specifically couched within this. It is proposed that examining how financial misconduct became recognised as crime during Victorian times makes this an important contribution to nineteenth-century history. Beyond this, the analysis underlines that a historical perspective is essential for comprehending current issues raised by the ‘fight’ against financial crime, represented and analysed in law and criminology as matters of enormous intellectual and practical significance, even helping to illuminate the benefits and potential pitfalls which can be encountered in current moves for extending the reach of criminal liability for financial misconduct. Sarah Wilson’s text on this highly topical issue will be essential reading for criminologists, legal scholars and historians alike. It will also be of great interest to the general reader. The Origins of Modern Financial Crime was short-listed for the Wadsworth Prize 2015.
Author : Peter Rush
ISBN : 9780429824296
Genre : Social Science
File Size : 28.91 MB
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First published in 1997, this volume examines questions of legal doctrine which have never been far from the study of crime. It has not always been able to keep the doctrinal aspects of law clearly in sight. There is always the pressure to turn to philosophy for the consideration of questions of moral and legal responsibility and to criminology and psychology for the analysis of action. The essays collected in this book turn again to questions of doctrine and consider the dogmatic order of law as the basis of the understanding of crime. It is the general argument of this book that without an understanding of the dogmatic order of the legal subject of crime, there will only ever be answers to questions that have never been appropriately asked. Loosely collected around questions of institution, judgement and address, these essays bring modern historical, doctrinal and cultural scholarship to bear on the practices of legal doctrine. Their aim is to offer an account of criminal law as a practice that institutes, judges and addresses the legal subject through a range of practices and knowledges. These range from the disciplinary knowledges of mental health to the cultural knowledges of femininity and female desire. They include the technical demands of law writing and court room procedure as well as symbolic powers of imagining corporate crime. These all are returned to the practical question of the production of knowledge through legal doctrine. These essays address a set of questions that have lain dormant in legal scholarship for much of the post-1945 era. In a time when the authority of law is being reconsidered at its foundations, it is appropriate too to reconsider the means and manner of the transmission of criminal law. Without an understanding of the formation of criminal law it is hardly surprising that questions of law reform raise such confusion.
Author : R. A. Duff
ISBN : 9780191655289
Genre : Law
File Size : 84.1 MB
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The third book in the Criminalization series examines the constitutionalization of criminal law. It considers how the criminal law is constituted through the political processes of the state; how the agents of the criminal law can be answerable to it themselves; and finally, how the criminal law can be constituted as part of the international order. Addressing the ways in which and the grounds on which types of conduct can be justifiably criminalized, the first four chapters of this volume focus on the questions that arise from a consideration of the political constitution of the criminal law. The contributors then turn their attention to the role of the state, its institutions and officials, and their role not only as creators, enactors, interpreters, and enforcers of the criminal law, but also as subjects of it. How can the agents of the criminal law also be answerable to it? Finally discussion turns to how the criminal law can be constituted as part of an international order. Examining the relationships between domestic laws of different nation-states, and between domestic criminal law and international or transnational law, the chapters also look at the authority and jurisdiction of international criminal law itself, and its relationship to other dimensions of the international order. A vital examination of one of the most important topics in modern criminal legal theory, this volume raises new questions central to the study of the criminal law and offers new suggestions for addressing them.
Author : Christopher Harding
ISBN : 9781134037599
Genre : Social Science
File Size : 39.49 MB
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This is a study of agency in the field of criminal liability, considering the respective roles of individuals and organisations and the allocation of criminal responsibility to these different kinds of actor. The issue of criminal responsibility, which is informed by both the sociological analysis of conduct and by ethical considerations of responsibility, provides an important and revealing focus for discussion. Criminal Enterprise analyses criminal responsibility through three main types of organisation: corporate actors in the field of business activity, states and governments, and delinquent or criminal organisations; each of which is of contemporary significance. This analysis focuses on three particular issues: the theory of individual and corporate (or organisational) responsibility the attribution of legal personality, as a particular form of identity, in theory and across jurisdictions and legal orders the internal practice and operation of complex organisations and corporate actors and how an understanding of this sociology of organisations should be used in the construction of legal agency in the field of criminal law.
Author : R A Duff
ISBN : 9780191043369
Genre : Law
File Size : 32.9 MB
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The Criminalization series arose from an interdisciplinary investigation into criminalization, focussing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications of offences? The fourth book in the series examines the political morality of the criminal law, exploring general principles and theories of criminalization. Chapters provide accounts of the criminal law in the light of ambitious theories about moral and political philosophy - republicanism and contractarianism, or reflect upon on the success of important theories of criminalization by viewing them in a novel light. Ideas that are fundamental to any complete theory of the criminal law - liberty, harm, and the effect on victims - are investigated in depth. Sociological investigation of the criminal law grounds a critical investigation into the principles of criminalization, both as a legislative matter, and with respect to criminalization practices, in contemporary and historical contexts. The volume broadens our conceptions of the theory of criminalization, and clarifies the role of the series in the development of this theory. It is essential reading for all interested in legal, political, and social theories of criminalization.
Author : Michael King
ISBN : 9781134679805
Genre : Health & Fitness
File Size : 40.67 MB
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Moral Agendas for Children's Welfare examines the roles played by politics, religion, ethics, aesthetics, law and science in identifying children's needs and rights and critically analyses existing child welfare policies. Five sections cover the following Agendas: * Philosophical and Psychoanalytical * Psychological and Sociological * Religious * Social Policy * Child Protection. Moral Agendas for Children's Welfare will provide invaluable reading for students in law, social work and policy and sociology and professionals in welfare, health care and law.
Author : Adhémar Esmein
ISBN : 9781584770428
Genre : History
File Size : 23.27 MB
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Esmein, A[dhemar]. A History of Continental Criminal Procedure with Special Reference to France. Translated by John Simpson; with an editorial preface by William E. Mikell and introductions by Norman M. Trenholme and by William Renwick Riddell. Boston: Little, Brown and Company, 1913. xlv, 640 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 99-045906. ISBN 1-58477-042-2. Cloth. $100. * Reprint of volume 5, Continental Legal History Series. Esmein, "the foremost legal scholar of France if not of the world" has here analyzed criminal procedure from its Roman origin, through primitive Germanic, and throughout French criminal procedure from the 1200s to the 1800s, as well as 19th century criminal procedure in other countries in this "masterly work...This volume is to be unqualifiedly commended as a standard and sufficient history of continental criminal procedure." J.H.B. Harv. L. Rev. 27:294-295.
Author : R. Johnsen
ISBN : 9781403983503
Genre : Literary Criticism
File Size : 26.1 MB
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By examining the feminist interventions of contemporary women writers working in this subgenre, Johnsen advances the existing critical discussion of women's crime fiction. The writers studied here bring research expertise to bear on their chosen historical settings, creating a powerful but widely accessible statement about women in history.
Author : Nancy E. Marion
ISBN : 0275946495
Genre : Political Science
File Size : 21.89 MB
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Discusses federal initiatives for crime control and presents the argument that presidential and congressional initiatives are largely symbolic, in chapters that examine the anticrime policy agendas of Johnson, Nixon, Ford, Carter, Reagan, Bush, and Clinton. The final chapter provides information on President Clinton's anticrime agenda, as well as an analysis of the information presented throughout the volume. In this chapter, the argument is presented that most of the policies geared toward crime control are symbolic, providing no real benefit for reducing crime in the US. Annotation copyright by Book News, Inc., Portland, OR.
Author : Michael Jackson
ISBN : STANFORD:36105112674234
Genre : Law
File Size : 67.79 MB
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Criminal Law in Hong Kong offers a clear and comprehensive account of the general principles of criminal law in Hong Kong and will be useful to students, practitioners, and all who are responsible for or interested in the administration and practice of the criminal justice system in Hong Kong.
