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Positive Obligations in Criminal Law (Paperback, New as Paperback)
Loot Price: R1,366
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Positive Obligations in Criminal Law (Paperback, New as Paperback)
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This book offers a set of essays, old and new, examining the
positive obligations of individuals and the state in matters of
criminal law. The centrepiece is a new, extended essay on the
criminalisation of omissions-examining the duties to act imposed on
individuals and organisations by the criminal law, and assessing
their moral and social foundations. Alongside this is another new
essay on the state's positive obligations to put in place criminal
laws to protect certain individual rights. Introducing the volume
is the author's much-cited essay on criminalisation, 'Is the
Criminal Law a Lost Cause?'. The book sets out to shed new light on
contemporary arguments about the proper boundaries of the criminal
law, not least by exploring the justifications for imposing
positive duties (reinforced by the criminal law) on individuals and
their relation to the positive obligations of the state.
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