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The Structure and Limits of Criminal Law (Hardcover, New Ed)
Loot Price: R9,976
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The Structure and Limits of Criminal Law (Hardcover, New Ed)
Series: The International Library of Essays on Criminal Law
Expected to ship within 12 - 17 working days
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This volume brings together a collection of essays, many of them
scholarly classics, which form part of the debates on three
questions central to criminal law theory. The first of these
questions is: what conduct should be necessary for criminal
liability, and what sufficient? The answer to this question has
wider implications for the debate about morality enforcement given
the concern that the 'harm principle' may have collapsed under its
own weight. Secondly, essays address the question of what
culpability should be necessary for criminal liability, and what
sufficient? Here, the battles continue over whether the formulation
of doctrines - such as the insanity defense, criminal negligence,
strict liability, and others - should ignore or minimize the extent
of an offender's blameworthiness in the name of effective
crime-control. Or, are methods of accommodating the tension now in
sight? Finally, essays consider the question of how criminal law
rules should be best organized into a coherent and clarifying
doctrinal structure. The structure grown by the common law process
competes not only with that of modern comprehensive codifications,
such as the America Law Institute's Model Penal Code, but also with
alternative structures imagined but not yet tried.
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