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Defining Crimes - Essays on The Special Part of the Criminal Law (Hardcover, New)
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Defining Crimes - Essays on The Special Part of the Criminal Law (Hardcover, New)
Series: Oxford Monographs on Criminal Law and Justice
Expected to ship within 12 - 17 working days
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This collection of original essays, by some of the best known
contemporary criminal law theorists, tackles a range of issues
about the criminal law's 'special part' - the part of the criminal
law that defines specific offences. One of its aims is to show the
importance, for theory as well as for practice, of focusing on the
special part as well as on the general part which usually receives
much more theoretical attention. Some of the issues covered concern
the proper scope of the criminal law, for example how far should it
include offences of possession, or endangerment? If it should
punish only wrongful conduct, how can it justly include so-called
'mala prohibita', which are often said to involve conduct that is
not wrongful prior to its legal prohibition? Other issues concern
the ways in which crimes should be classified. Can we make
plausible sense, for instance, of the orthodox distinction between
crimes of basic and general intent? Should domestic violence be
defined as a distinct offence, distinguished from other kinds of
personal violence? Also examined are the ways in which specific
offences should be defined, to what extent those definitions should
identify distinctive types of wrongs, and the light that such
definitional questions throw on the grounds and structures of
criminal liability. Such issues are discussed in relation not only
to such crimes as murder, rape, theft and other property offences,
but also in relation to offences such as bribery, endangerment and
possession that have not traditionally been subjects for in depth
theoretical analysis.
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