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Criminal Law (Paperback)
Loot Price: R1,580
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Criminal Law (Paperback)
Series: Oxford Introductions to U.S. Law
Expected to ship within 12 - 17 working days
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Many controversies in American criminal law reflect the tension
between older and newer conceptions of the purposes of punishment.
The English common law of crimes was centrally concerned with
suppressing vengeance and asserting royal authority. Thus it
enforced a royal peace by conditioning punishment on unauthorized
force and harm to particular victims. The development of American
criminal law has been the story of the emergence of this
utilitarianism of criminal offending as the imposition of risk or
the violation of consent, combined with culpability. This
conception is reflected in the Model Penal Code and many state
codes. Yet understanding contemporary criminal law requires that we
also remember the model of offending as trespass against
sovereignty out of which it emerged. In The Oxford Introductions to
U.S. Law: Criminal Law, Guyora Binder reviews the development of
American criminal law and explains its key concepts and persistent
controversies in light of its history. These key concepts include
retribution and prevention as purposes of punishment; the
requirements of a criminal act and a culpable mental state;
criteria of causal responsibility; modes of violating consent;
doctrines of attribution of liability for incomplete offenses,
including attempt, conspiracy and complicity; and defenses of
justification and excuse.
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