Foundational Texts In Modern Criminal Law

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Foundational Texts In Modern Criminal Law

Author : Markus D. Dubber
ISBN : 9780199673612
Genre : Law
File Size : 77.55 MB
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Foundational Texts in Modern Criminal Law presents essays in which scholars from various countries and legal systems engage critically with formative texts in criminal legal thought since Hobbes. It examines the emergence of a transnational canon of criminal law by documenting its intellectual and disciplinary history and provides a snapshot of contemporary work on criminal law within that historical and comparative context. Criminal law discourse has become, and will continue to become, more international and comparative, and in this sense global: the long-standing parochialism of criminal law scholarship and doctrine is giving way to a broad exploration of the foundations of modern criminal law. The present book advances this promising scholarly and doctrinal project by making available key texts, including several not previously available in English translation, from the common law and civil law traditions, accompanied by contributions from leading representatives of both systems.
Category: Law

The Oxford Handbook Of Criminal Law

Author : Markus Dirk Dubber
ISBN : 9780199673599
Genre : Law
File Size : 77.54 MB
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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, this Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systemically.
Category: Law

An Introduction To The Model Penal Code

Author : Markus Dirk Dubber
ISBN : 9780190243050
Genre : Law
File Size : 90.80 MB
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In the second edition of his introductory overview of the Model Penal Code (now titled 'An Introduction to the Model Penal Code'), Markus Dubber retains the book's original aim, approach, and structure as a companion to the Code. Reflecting the Code's attempt to present an accessible, comprehensive, and systematic account of American criminal law, this book unlocks the Code's potential as a key to American criminal law for law students and teachers, and for anyone else with an interest in getting a sense of the basic contours of American criminal law.
Category: Law

Making The Modern Criminal Law

Author : Lindsay Farmer
ISBN : 9780191058608
Genre : Law
File Size : 54.64 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? This, the fifth book in the series, offers a historical and conceptual account of the development of the modern criminal law in England and as it has spread to common law jurisdictions around the world. The book offers a historical perspective on the development of theories of criminalization. It shows how the emergence of theories of criminalization is inextricably linked to modern understandings of the criminal law as a conceptually distinct body of rules, and how this in turn has been shaped by the changing functions of criminal law as an instrument of government in the modern state. The book is structured in two main parts. The first traces the development of the modern law as a distinct, and conceptually distinct body of rules, looking in particular at ideas of jurisdiction, codification and responsibility. The second part then engages in detailed analysis of specific areas of criminal law, focusing on patterns of criminalization in relation to property, the person, and sexual conduct.
Category: Law

The Dual Penal State

Author : Markus D. Dubber
ISBN : 9780191061776
Genre : Law
File Size : 60.2 MB
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This book addresses one of today's most pressing social and political issues: the rampant, at best haphazard, and ever-expanding use of penal power by states ostensibly committed to the enlightenment-based legal-political project of Western liberal democracy. Penal regimes in these states operate in a wide field of ill-considered and barely constrained violence where radical and prolonged interference with citizens, upon whose autonomy the legitimacy of state power supposedly rests, has been utterly normalized. At its heart, the crisis of modern penality is a crisis of the liberal project itself and the penal paradox is the sharpest formulation of the general paradox of power in a liberal state: the legitimacy of state sovereignty in the name of personal autonomy. To capture the depth and range of the crisis of contemporary penality in ostensibly liberal states, The Dual Penal State adopts a fresh approach. It uses historical and comparative analysis to reveal the fundamental distinction between the two conceptions of penal power-penal law and penal police-that runs through Western legal-political history: one rooted in autonomy, equality, and interpersonal respect, and the other in heteronomy, hierarchy, and patriarchal power. This analysis of the dual penal state illuminates how the law/police distinction manifests itself in various penal systems, from the American war on crime to the ahistorical methods of German criminal law science.
Category: Law

The Oxford Handbook Of Legal History

Author : Markus D. Dubber
ISBN : 9780192513137
Genre : Law
File Size : 70.75 MB
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Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.
Category: Law

Criminal Law

Author : Markus Dubber
ISBN : 9780199589609
Genre : Law
File Size : 51.15 MB
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"A systematic and comprehensive comparative analysis, of criminal law, focused on two major jurisdictions: the United States and Germany."--Jacket.
Category: Law

Philosophical Foundations Of International Criminal Law

Author : Morten Bergsmo
ISBN : 9788283481181
Genre : Law
File Size : 24.24 MB
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This first edition of Philosophical Foundations of International Criminal Law: Correlating Thinkers contains 20 chapters about renowned thinkers from Plato to Foucault. As the first volume in the series "Philosophical Foundations of International Criminal Law", the book identifies leading philosophers and thinkers in the history of philosophy or ideas whose writings bear on the foundations of the discipline of international criminal law, and then correlates their writings with international criminal law.
Category: Law

Legal Certainty In A Contemporary Context

Author : Mark Fenwick
ISBN : 9789811001147
Genre : Law
File Size : 65.50 MB
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This book addresses issues concerning the shifting contemporary meaning of legal certainty. The book focuses on exploring the emerging tensions that exist between the demand for legal certainty and the challenges of regulating complex, late modern societies. The book is divided into two parts: the first part focusing on debates around legal certainty at the national level, with a primary emphasis on criminal law; and the second part focusing on debates at the transnational level, with a primary emphasis on the regulation of transnational commercial transactions. In the context of legal modernity, the principle of legal certainty—the idea that the law must be sufficiently clear to provide those subject to legal norms with the means to regulate their own conduct and to protect against the arbitrary use of public power—has operated as a foundational rule of law value. Even though it has not always been fully realized, legal certainty has functioned as a core value and aspiration that has structured normative debates throughout political modernity, both at a national and international level. In recent decades, however, legal certainty has come under increasing pressure from a number of competing demands that are made of contemporary law, in particular the demand that the law be more flexible and responsive to a social environment characterized by rapid social and technological change. The expectation that the law operates in new transnational contexts and regulates every widening sphere of social life has created a new degree of uncertainty, and this change raises difficult questions regarding both the possibility and desirability of legal certainty. This book compiles, in one edited volume, research from a range of substantive areas of civil and criminal law that shares a common interest in understanding the multi-layered challenges of defining legal certainty in a late modern society. The book will be of interest both to lawyers interested in understanding the transformation of core rule of law values in the context of contemporary social change and to political scientists and social theorists.
Category: Law

Law School Legends Audio On Criminal Law

Author : John M. Burkoff
ISBN : OCLC:1114424220
Genre : Criminal law
File Size : 86.6 MB
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Coverage includes the traditional, foundational doctrines of criminal law like criminal intent and criminal act, discussing these concepts in dealing with crimes like homicide offenses, assault and sexual assault, theft and other property crimes. This lecture also focuses on traditional and modern defenses to criminal charges, like insanity, self defense, and the modern "Stand Your Ground" laws. But just as important as discussion of these crimes and defenses, the lecture also covers some of the most significant structural issues and skills that should be useful to you to figure out how criminal trials work, issues like distinguishing the roles of lawyers, judges, jurors and legislators, and skills like applying criminal statutes to particular cases and analyzing appellate decisions. Some useful tips on studying for and taking Criminal Law exams are included at the end.
Category: Criminal law

Outrages

Author : Naomi Wolf
ISBN : 9780349004105
Genre : History
File Size : 40.87 MB
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The bestselling author of The Beauty Myth, Vagina and The End of America illuminates a dramatic history - how the Obscene Publications Act of 1857 led to reverberations lasting to our day. At once, dissent and morality, deviancy and normalcy, became modern legal concepts: if writers, editors, printers and booksellers did not uphold the law and the morals of society they faced serious repercussions. Wolf depicts the ways this censorship played out - decades before the infamous trial of Oscar Wilde - among a bohemian group of 'sexual dissidents', including Walt Whitman in America and the English critic John Addington Symonds, who fell in love with Whitman's homoerotic voice in Leaves of Grass. This was a dangerous love, even if only expressed on the page. Algernon Charles Swinburne, Dante and Christina Rossetti, Walter Pater and painter Simeon Solomon were among the artists whose lives were shadowed with jeopardy. But Wolf also reveals how, cleverly, they crafted their works to avoid the censor. Wolf recounts how a dying Symonds, inspired by his love for Whitman, helped to write the book on 'sexual inversion' one of the foundations of our modern understanding of homosexuality. By shining a light on his secret memoir, rightfully understood as one of the first gay rights manifestos in the west, Outrages also shows how the literature of love ultimately triumphs over censorship.
Category: History

Policing And Law Enforcement Oxford Bibliographies Online Research Guide

Author : James J. Willis
ISBN : 9780199805679
Genre :
File Size : 31.33 MB
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This ebook is a selective guide designed to help scholars and students of criminology find reliable sources of information by directing them to the best available scholarly materials in whatever form or format they appear from books, chapters, and journal articles to online archives, electronic data sets, and blogs. Written by a leading international authority on the subject, the ebook provides bibliographic information supported by direct recommendations about which sources to consult and editorial commentary to make it clear how the cited sources are interrelated related. A reader will discover, for instance, the most reliable introductions and overviews to the topic, and the most important publications on various areas of scholarly interest within this topic. In criminology, as in other disciplines, researchers at all levels are drowning in potentially useful scholarly information, and this guide has been created as a tool for cutting through that material to find the exact source you need. This ebook is a static version of an article from Oxford Bibliographies Online: Criminology, a dynamic, continuously updated, online resource designed to provide authoritative guidance through scholarship and other materials relevant to the study and practice of criminology. Oxford Bibliographies Online covers most subject disciplines within the social science and humanities, for more information visit www.aboutobo.com.
Category:

Prisons Punishment

Author : David Scott
ISBN : 9781473905214
Genre : Social Science
File Size : 82.68 MB
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Covering all the key topics across the subject of Penology, this book gives you the tools you need to delve deeper and critically examine issues relating to prisons and punishment. The second edition: explores prisons and punishment within national, international and comparative contexts, and draws upon contemporary case studies throughout to illustrate key themes and issues includes new sections on actuarial justice, proportionality, sentencing principles, persistent offending, rehabilitation, and abolitionist approaches to punishment features a companion website directing you towards relevant journal articles and web links. The book also includes a useful study skills section which guides you through essay writing and offers hints and tips on how you can get the most out of your lectures and seminars. This is the perfect primer for all undergraduate students of Criminology taking modules on Prisons and Punishment or Penology.
Category: Social Science

Forensic Psychology And Neuropsychology For Criminal And Civil Cases

Author : Harold V. Hall
ISBN : 9780849381737
Genre : Law
File Size : 62.81 MB
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Greater Understanding, Better Evaluations Today's increasingly sophisticated psychological and neuropsychological assessments allow for greater understanding and evaluations in forensic psychology. By integrating discussions of modern psychological and neuropsychological tests with extant civil and criminal cases, this book presents a unique resource for insight into the impact of modern behavioral science on the legal system. Foundational, Criminal, and Civil Issues Divided into three parts, this timely compilation of articles from national and international experts begins with foundational issues such as the legal, ethical, and applied aspects of mitigation evaluations. It examines violence prediction and risk analysis, violence in the family, and the detection of malingering and deception in forensic evaluations. Part 2 looks at the psychological issues found in criminal forensic evaluation. This section discusses assessments of competence to stand trial, mitigatory defenses, and hostage negotiation, as well as the psychological impact of officer-involved shootings. The final part focuses on neuropsychological evaluation as it is relevant to civil cases including worker’s compensation, malingered pain and memory deficits, and parental assessment in child maltreatment cases. Template Case Studies Providing several full case studies in more than a dozen appendices, this book addresses both psychological and neuropsychological concepts in the context of the legal system and allows for a practical understanding and application of behavioral, legal, and ethical issues in civil and criminal cases.
Category: Law

Neurocriminology

Author : Diana Concannon
ISBN : 9781351802437
Genre : Psychology
File Size : 39.83 MB
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Neurocriminology: Forensic and Legal Applications, Public Policy Implications explores the dramatic impact of advances in neuroscience research and practice to our present understanding of criminality and crime control. Contemporary, cutting-edge research in neuroscience is cited and explained. Studies and cases are clearly and concisely outlined with potential uses for practical applications detailed. This will be framed in the context of criminological foundations, theory, and the notion of the nature of crime itself. This comprehensive and engaging book also delves into recent developments in modern neurology, and connections between neuroscience and its criminal, legal, and forensic implications and ramifications. The book poses various questions about what insight neurology can provide to human cognition, to motivation and—in particular—criminal motivation. From biological observations is there a pattern, or are there similarities, in what the brainscan of a criminal looks like? What are the treatment implications and are their valid assessments or treatments that can be used in a corrections environment to curb, or even modify, behavior definitively? And, ultimately, what are the moral, legal and social implications of all? Coverage throughout incorporates leading research that links neurological and biological factors to heightened risk for criminality. This includes coverage of suboptimal arousal (low heart rate), testosterone, neurotransmitters, and variations in MAOA—the so-called "warrior gene"—and more. Neurocriminology will offer a thought-provoking analysis of the broad-reaching implications of this science to better inform the prevention, investigation, monitoring, and control of crime. This includes the remarkable potential for neuroscience to serve as a resource and potential tool to criminology and penology researchers, psychologists, forensic psychologists, forensic scientists, legal professionals, and investigators of crime and criminal behavior.
Category: Psychology

Introduction To Islamic Law

Author : Jonathan G. Burns
ISBN : 9780984518265
Genre : Law
File Size : 37.53 MB
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“I highly recommend ‘Introduction to Islamic Law: Principles of Civil, Criminal, and International Law under the Shari‘a’ to scholars and any individual who desires to learn about the Shari‘a and its basic values through an objective, methodical study.” Mohamed A. ‘Arafa, Ph.D. Assistant and Adjunct Professor of Law Alexandria University Faculty of Law, Egypt Islamic law (Shari‘a) is an all-inclusive legal tradition that creates a seamless web reaching from the public sphere into the private sphere of life. Thus, the Shari‘a recognizes no bifurcation between legislation and religion, no wall of separation between the mosque and the state, and no compartmentalization of morality, faith, and law. Nonetheless, the duties under Islamic law can be divided into two large subcategories, the first and most important of which mainly concerns the private, individual relationship between God and man. In contrast, the second duty mainly concerns the public, transactional relationships among individuals which – in a secular framework – is most analogous to “law.” Introduction to Islamic Law begins with an overview of Islam as a whole, including a discussion of the sources of Islamic law and sectarian distinctions. Then, the book thoroughly addresses the secondary duties of Islamic law, which govern daily transactions between individuals, including the law of contracts, property, banking and finance, and familial relations as well as criminal law and procedure and the law of war. The legal rules embodied within the Shari‘a are mandatory in jurisdictions adhering to a strict application of Islamic law. However, Islamic law remains highly influential even in Muslim-majority countries with secular legal codes. Nevertheless, given recent developments in the Arab world, as well as the rise of terrorism in the name of Islam, the Shari‘a is a subject that has seeped into the national dialogue of wholly secular, non-Muslim jurisdictions. Thus, Introduction to Islamic Law is offered for scholars and students – both Muslim and non-Muslim, with or without a legal background – for the purpose of obtaining a basic understanding of the foundational concepts of the Shari‘a.
Category: Law

International Law

Author : Barry E. Carter
ISBN : 9781454892687
Genre : Law
File Size : 65.11 MB
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Intended for use in an International Law survey course, International Law, Seventh Edition provides comprehensive coverage of foundational international law questions, including the nature and sources of international law, core doctrinal topics such as the subjects of international law (states and international organizations), and the jurisdictional powers and immunities of states. The book also addresses key substantive topics in international law, with reference to important contemporary foreign policy issues, such as (i) international human rights, (ii) the law of the sea, (iii) international environmental law, (iv) the use of force and the law of armed conflict, and (v) international criminal law. Key Features: New co-author Duncan Hollis of Temple Law School joins Stanford Law School’s Allen Weiner as the active authors of the book. New discussions of major international developments, including the law governing the use of force [e.g., cyber operations and the military campaign against the Islamic State (ISIS)], nonproliferation (e.g., the Iranian and North Korean nuclear crises), the law of the sea (e.g., disputed maritime claims in the South China Sea), and international environmental law (e.g., the conclusion of the Paris Agreement). New case study in Chapter 1 focused on the international response to the rise of ISIS. Inclusion of extended excerpts from a number of major recent Supreme Court decisions related to international law, including Bond v. United States (on fundamental principles of federalism and the treaty power under Article VI of the Constitution), Zivotofsky v. Kerry (on the separation of powers between Congress and the President in the field of foreign affairs), and Kiobel v. Royal Dutch Petroleum Co. (on the Alien Tort Statute). Adopts a modern, conceptual approach to the presentation of materials on statehood (including Palestinian claims to statehood), international organizations, and international dispute resolution.
Category: Law

On Crimes And Punishments

Author : Cesare Beccaria
ISBN : 9781412815581
Genre : Political Science
File Size : 57.89 MB
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Cesare Beccaria’s influential Treatise on Crimes and Punishments is considered a foundational work in the field of criminology. Three major themes of the Enlightenment run through the Treatise: the idea that the social contract forms the moral and political basis of the work’s reformist zeal; the idea that science supports a dispassionate and reasoned appeal for reforms; and the belief that progress is inextricably bound to science. All three provide the foundation for accepting Beccaria’s proposals. It is virtually impossible to ascertain which of several versions of the Treatise that appeared during his lifetime best reflected Beccaria’s thoughts. His use of many Enlightenment ideas also makes it difficult to interpret what he has written. While Enlightenment thinkers advocated free men and free minds, there was considerable disagreement as to how this might be achieved, except in the most general terms. The editors have based this translation on the 1984 Francioni text, the most exhaustive critical Italian edition of Dei delitti e delle pene. This edition is the last that Beccaria personally oversaw and revised. This translation includes an outstanding opening essay by the editors and is a welcome introduction to Beccaria and the beginnings of criminology.
Category: Political Science

Adam Smith And The Philosophy Of Law And Economics

Author : R.P. Malloy
ISBN : 9789401107488
Genre : Political Science
File Size : 64.97 MB
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Adam Smith and the Philosophy of Law and Economics is a unique book. Malloy and Evensky bring together a team of international and interdisciplinary scholars to address the work of Adam Smith as it relates to law and economics. In addition to their own contributions, the book includes works by Dr. John W. Cairns of the University of Edinburgh, Dr. J. Ralph Lindgren of Lehigh University, Professor Kenneth A.B. Mackinnon of the University of Waikato, and the Honorable Richard A. Posner of the United States Circuit Court of Appeals. Together these authors bring expertise from the areas of law, philosophy, history, economics, and law and economics to a new study of Adam Smith and his work. Part One of the book presents new and important observations on Smith's views on community, ethics, the court system, criminal law, and delictual or tort law liability. In this part of the book Smith's work is also examined from the perspective of his use as persuasive authority in the works of modern legal economists. In Part Two the `living Smith' is explored by way of a debate between two major contributors in the field of law and economics. The debate and its analysis create a unique and contemporary opportunity to study Smith as a foundational source in the midst of a current academic and social policy dispute. The understanding of Adam Smith that emerges from this book is new and complex. It will challenge the one-dimensional portrayals of Smith as a promoter of self-interest and it will correct many of the misinterpretations of Smith that are currently fashionable in the worlds of law and economics and the philosophy of law.
Category: Political Science