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This handbook explores criminal law systems from around the world,
with the express aim of stimulating comparison and discussion.
General principles of criminal liability receive prominent coverage
in each essay--including discussions of rationales for punishment,
the role and design of criminal codes, the general structure of
criminal liability, accounts of "mens rea," and the rights that
criminal law is designed to protect--before the authors turn to
more specific offenses like homicide, theft, sexual offenses,
victimless crimes, and terrorism.
This key reference covers all of the world's major legal
systems--common, civil, Asian, and Islamic law traditions--with
essays on sixteen countries on six different continents. The
introduction places each country within traditional distinctions
among legal systems and explores noteworthy similarities and
differences among the countries covered, providing an ideal entry
into the fascinating range of criminal law systems in use the world
over.
This volume tackles a quickly-evolving field of inquiry, mapping
the existing discourse as part of placing current developments in
historical context; at the same time, breaking new ground in taking
on novel subjects and pursuing fresh approaches. The term "A.I." is
used to refer to a broad range of phenomena, from machine learning
and data mining to artificial general intelligence. The recent
advent of more sophisticated AI systems, which function with
partial or full autonomy and are capable of tasks which require
learning and 'intelligence', presents difficult ethical questions,
and has drawn concerns from many quarters about individual and
societal welfare, democratic decision-making, moral agency, and the
prevention of harm. This work ranges from explorations of normative
constraints on specific applications of machine learning algorithms
today-in everyday medical practice, for instance-to reflections on
the (potential) status of AI as a form of consciousness with
attendant rights and duties and, more generally still, on the
conceptual terms and frameworks necessarily to understand tasks
requiring intelligence, whether "human" or "A.I."
Criminal Law: A Comparative Approach presents a systematic and
comprehensive analysis of the substantive criminal law of two major
jurisdictions: the United States and Germany. Presupposing no
familiarity with either U.S. or German criminal law, the book will
provide criminal law scholars and students with a rich comparative
understanding of criminal law's foundations and central doctrines.
All foreign-language sources have been translated into English;
cases and materials are accompanied by heavily cross-referenced
introductions and notes that place them within the framework of
each country's criminal law system and highlight issues ripe for
comparative analysis. Divided into three parts, the book covers
foundational issues - such as constitutional limits on the criminal
law - before tackling the major features of the general part of the
criminal law and a selection of offences in the special part.
Throughout, readers are exposed to alternative approaches to
familiar problems in criminal law, and as a result will have a
chance to see a given country's criminal law doctrine, on specific
issues and in general, from the critical distance of comparative
analysis.
'Law Books in Action: Essays on the Anglo-American Legal Treatise'
explores the history of the legal treatise in the common law world.
Rather than looking at treatises as shortcuts from 'law in books'
to 'law in action', the essays in this collection ask what
treatises can tell us about what troubled legal professionals at a
given time, what motivated them to write what they did, and what
they hoped to achieve. This book, then, is the first study of the
legal treatise as a 'law book in action', an active text produced
by individuals with ideas about what they wanted the law to be, not
a mere stepping-stone to codes and other forms of legal writing,
but a multifaceted genre of legal literature in its own right,
practical and fanciful, dogmatic and ornamental in turn. This book
will be of interest to legal scholars, lawyers and judges, as well
as to anyone else with a scholarly interest in law in general, and
legal history in particular.
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