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This volume presents a leading contribution to the substantive
arena relating to homicide in the criminal law. In broad terms, the
ambit of homicide standardisations in extant law is contestable and
opaque. This book provides a logical template to focus the debate.
The overall concept addresses three specific elements within this
arena, embracing an overarching synergy between them. This edifice
engages in an examination of UK provisions, and in contrasting
these provisions against alternative domestic jurisdictions as well
as comparative contributions addressing a particularised research
grid for content. The comparative chapters provide a wider
background of how other legal systems treat a variety of
specialised issues relating to homicide in the context of the
criminal law. The debate in relation to homicide continues apace
for academics, practitioners and within the criminal justice
system. Having expert descriptions of the wider issues surrounding
the particular discussion and of other legal systems' approaches
serves to stimulate and inform that debate. This collection will be
a major source of reference for future discussion.
This volume presents a comparative examination of the issue of
fault in criminal law. Extant law reveals significant problems in
adoption of consistent approaches to doctrinal and theoretical
underpinnings of fault liability and culpability thresholds in
criminal law. This has been exemplified by a plethora of recent
jurisprudential authorities revealing varying degrees of confusion
and vacillation. This collection focuses on fault liability for
inculpation with contributions from leading specialists from
different jurisdictions presenting alternative perspectives. The
book addresses three specific elements within the arena of fault,
embracing an overarching synergy between them. This structure
facilitates an examination of UK provisions, with specialist
contributions on domestic law, and in contrasting these provisions
against alternative domestic jurisdictions as well as comparative
contributions addressing a particularised research grid for
content. The comparative chapters provide a wider background of how
other legal systems treat a variety of specialised issues relating
to fault elements in the context of the criminal law. With
contributions from leading experts in the field, the book will be
an invaluable resource for researchers, academics, and
practitioners working in this area.
This book provides a leading point of reference in the field of
partial defences to murder and with respect to the mental condition
defences of loss of control and diminished responsibility in
general. The work includes contributions from leading specialists
from different jurisdictions. Divided into two parts, the first
provides an analysis from the perspective of the UK, looking at
particular concerns such as domestic violence, revenge and mixed
motive killings, mistaken beliefs. The second part presents a
comparative and international view to provide a wider background of
how alternative systems treat issues of human frailty short of full
insanity (loss of control, diminished responsibility) in the
context of the criminal law.
This volume presents a leading contribution to the substantive
arena relating to consent in the criminal law. In broad terms, the
ambit of legally valid consent in extant law is contestable and
opaque, and reveals significant problems in adoption of consistent
approaches to doctrinal and theoretical underpinnings of consent.
This book seeks to provide a logical template to focus the debate.
The overall concept addresses three specific elements within this
arena, embracing an overarching synergy between them. This edifice
engages in an examination of UK provisions, with specialist
contributions on Irish and Scottish law, and in contrasting these
provisions against alternative domestic jurisdictions as well as
comparative contributions addressing a particularised research grid
for consent. The comparative chapters provide a wider background of
how other legal systems' treat a variety of specialised issues
relating to consent in the context of the criminal law. The debate
in relation to consent principles continues for academics,
practitioners and within the criminal justice system. Having expert
descriptions of the wider issues surrounding the particular
discussion and of other legal systems' approaches serves to
stimulate and inform that debate. This collection will be a major
source of reference for future discussion.
Following on from the earlier edited collection, Loss of Control
and Diminished Responbility, this book is the first volume in the
Substantive Issues in Criminal Law series. It serves as a leading
point of reference in the area relating to participation in crime
and identifies the need for a consistent approach to the doctrinal
and theoretical underpinnings of complicity liability. With a
section on the UK analysing points of current interest, the book
also has a large comparative section dealing with foreign
jurisdictions and examines on the basis of a unified research grid
how different legal systems treat core issues of participation in
the context of criminal law. This book is a valuable reference
resource for those in the criminal justice community in the UK and
abroad and for academics, the judiciary and policy-makers.
The law relating to general defences is one of the most important
areas in the criminal law, yet the current state of the law in the
United Kingdom reveals significant problems in the adoption of a
consistent approach to their doctrinal and theoretical
underpinnings, as exemplified by a number of recent developments in
legislation and case law. A coherent and joined-up approach is
still missing. This volume provides an analysis of the main
contentious areas in British law, and proposes ways forward for
reform. The collection includes contributions from leading experts
across various jurisdictions. Part I examines the law in the United
Kingdom, with specialist contributions on Irish and Scottish law.
Part II consists of contributions by authors from a number of
foreign jurisdictions, all written to a common research grid for
maximum comparability, which provide a wider background of how
other legal systems treat problems relating to general defences in
the context of the criminal law, and which may serve as points of
reference for domestic law reform.
This volume presents a leading contribution to the substantive
arena relating to homicide in the criminal law. In broad terms, the
ambit of homicide standardisations in extant law is contestable and
opaque. This book provides a logical template to focus the debate.
The overall concept addresses three specific elements within this
arena, embracing an overarching synergy between them. This edifice
engages in an examination of UK provisions, and in contrasting
these provisions against alternative domestic jurisdictions as well
as comparative contributions addressing a particularised research
grid for content. The comparative chapters provide a wider
background of how other legal systems treat a variety of
specialised issues relating to homicide in the context of the
criminal law. The debate in relation to homicide continues apace
for academics, practitioners and within the criminal justice
system. Having expert descriptions of the wider issues surrounding
the particular discussion and of other legal systems' approaches
serves to stimulate and inform that debate. This collection will be
a major source of reference for future discussion.
This volume presents a leading contribution to the substantive
arena relating to consent in the criminal law. In broad terms, the
ambit of legally valid consent in extant law is contestable and
opaque, and reveals significant problems in adoption of consistent
approaches to doctrinal and theoretical underpinnings of consent.
This book seeks to provide a logical template to focus the debate.
The overall concept addresses three specific elements within this
arena, embracing an overarching synergy between them. This edifice
engages in an examination of UK provisions, with specialist
contributions on Irish and Scottish law, and in contrasting these
provisions against alternative domestic jurisdictions as well as
comparative contributions addressing a particularised research grid
for consent. The comparative chapters provide a wider background of
how other legal systems' treat a variety of specialised issues
relating to consent in the context of the criminal law. The debate
in relation to consent principles continues for academics,
practitioners and within the criminal justice system. Having expert
descriptions of the wider issues surrounding the particular
discussion and of other legal systems' approaches serves to
stimulate and inform that debate. This collection will be a major
source of reference for future discussion.
Following on from the earlier edited collection, Loss of Control
and Diminished Responbility, this book is the first volume in the
Substantive Issues in Criminal Law series. It serves as a leading
point of reference in the area relating to participation in crime
and identifies the need for a consistent approach to the doctrinal
and theoretical underpinnings of complicity liability. With a
section on the UK analysing points of current interest, the book
also has a large comparative section dealing with foreign
jurisdictions and examines on the basis of a unified research grid
how different legal systems treat core issues of participation in
the context of criminal law. This book is a valuable reference
resource for those in the criminal justice community in the UK and
abroad and for academics, the judiciary and policy-makers.
This book provides a leading point of reference in the field of
partial defences to murder and with respect to the mental condition
defences of loss of control and diminished responsibility in
general. The work includes contributions from leading specialists
from different jurisdictions. Divided into two parts, the first
provides an analysis from the perspective of the UK, looking at
particular concerns such as domestic violence, revenge and mixed
motive killings, mistaken beliefs. The second part presents a
comparative and international view to provide a wider background of
how alternative systems treat issues of human frailty short of full
insanity (loss of control, diminished responsibility) in the
context of the criminal law.
Increasingly, international governmental networks and organisations
make it necessary to master the legal principles of other
jurisdictions. Since the advent of international criminal tribunals
this need has fully reached criminal law. A large part of their
work is based on comparative research. The legal systems which
contribute most to this systemic discussion are common law and
civil law, sometimes called continental law. So far this dialogue
appears to have been dominated by the former. While there are many
reasons for this, one stands out very clearly: Language. English
has become the lingua franca of international legal research. The
present book addresses this issue. Thomas Vormbaum is one of the
foremost German legal historians and the book's original has become
a cornerstone of research into the history of German criminal law
beyond doctrinal expositions; it allows a look at the system's
genesis, its ideological, political and cultural roots. In the
field of comparative research, it is of the utmost importance to
have an understanding of the law's provenance, in other words its
historical DNA.
Increasingly, international governmental networks and
organisations make it necessary to master the legal principles of
other jurisdictions. Since the advent of international criminal
tribunals this need has fully reached criminal law. A large part of
their work is based on comparative research. The legal systems
which contribute most to this systemic discussion are common law
and civil law, sometimes called continental law. So far this
dialogue appears to have been dominated by the former. While there
are many reasons for this, one stands out very clearly: Language.
English has become the lingua franca of international legal
research. The present book addresses this issue. Thomas Vormbaum is
one of the foremost German legal historians and the book's original
has become a cornerstone of research into the history of German
criminal law beyond doctrinal expositions; it allows a look at the
system s genesis, its ideological, political and cultural roots. In
the field of comparative research, it is of the utmost importance
to have an understanding of the law s provenance, in other words
its historical DNA."
It is statistically unlikely that humans are the only intelligent
species in the universe. Nothing about the others will be known
until contact is made beyond a radio signal from space that merely
tells us they existed when it was sent. That contact may occur
tomorrow, in a hundred years, or never. If it does it will be a
high-risk scenario for humanity. It may be peaceful or hostile.
Relying on alien altruism and benign intentions is wishful
thinking. We need to begin identifying as a planetary species, and
develop a global consensus on how to respond in either scenario.
The law relating to general defences is one of the most important
areas in the criminal law, yet the current state of the law in the
United Kingdom reveals significant problems in the adoption of a
consistent approach to their doctrinal and theoretical
underpinnings, as exemplified by a number of recent developments in
legislation and case law. A coherent and joined-up approach is
still missing. This volume provides an analysis of the main
contentious areas in British law, and proposes ways forward for
reform. The collection includes contributions from leading experts
across various jurisdictions. Part I examines the law in the United
Kingdom, with specialist contributions on Irish and Scottish law.
Part II consists of contributions by authors from a number of
foreign jurisdictions, all written to a common research grid for
maximum comparability, which provide a wider background of how
other legal systems treat problems relating to general defences in
the context of the criminal law, and which may serve as points of
reference for domestic law reform.
There is no limit to the number of crimes--including acts of
genocide, war crimes, crimes against humanity, piracy, drug
smuggling, governmental corruption and illegal intelligence
gathering--committed by various national governments. In STATE
CRIME, the volume editors gather together some of the best new
research on state transgressions, in addition to asking senior
scholars to reflect on their past research and bring it up to
date.The first section of the book features a well-rounded set of
cases exemplifying state criminality, including an examination of
the Holocaust through a criminological framework, and a look at the
illegal aggressions committed by the US army in Iraq. The second
section of the book focuses on various methods for controlling
these governmental transgressions, including domestic legal
sanctions and also international enforcers such as the
International Court of Human Rights. Contributors to this section
of the book examine worldwide policies, such as the international
rule against the assassination of regime elites regardless of the
acts of aggression and criminality committed by them. The book taps
into a previously overloked area that is most relevant for
understanding what policies or responses to governmental crime
would be most effective in constraining the worst acts.
Contributors include leading scholars in criminology such as Ray
Michalowski, David Friedrichs, and Peter Iadicola.
German criminal law doctrine, as one of the more influential ones
over time and on a global scale, takes rather different approaches
to many of the problems of substantive law from those of the common
law family of countries like the UK, the US, Canada, New Zealand,
Australia etc. It also differs markedly from the system which is
most often used in Anglophone writing as a civil law comparison,
the French law. German criminal law is a code-based model and has
been for centuries. The influence of academic writing on its
development has been far greater than in the judge-oriented common
law models. The book will serve as a useful aid to debates about
codification efforts in countries that are mostly based on a case
law system, but who wish to re-structure their law in one or
several criminal codes. The comparison will show that similar
problems occur in all legal systems regardless of their provenance,
and the attempts of individual systems at solving them, their
successes and their failures, can provide a rich experience on
which other countries can draw and on which they can build. The
book provides an outline of the principles of German criminal law,
mainly the so-called 'General Part' (eg actus reus, mens rea,
defences, participation) and the core offence categories (homicide,
offences against property, sexual offences). It sets out the
principles, their development under the influence of academic
writing and judicial decisions. The book is not meant as a textbook
of German criminal law, but is a selection of interrelated in-depth
essays on the central problems. Wherever it is apposite and
feasible, comparison is offered to the approaches of English
criminal law and the legal systems of other common and civil law
countries in order to allow common lawyers to draw the pertinent
parallels to their own jurisdictions.
German substantive criminal law has been influential in many civil
law countries, most notably in the Hispanic world. In the common
law countries, not surprisingly because of the systemic differences
in approach, its impact has been much less, if not negligible. This
may be largely explained as a result of the language barrier. An
up-to-date and reliable English translation of the German Criminal
Code has been conspicuously missing for some time. This book
presents a new English translation of the Strafgesetzbuch, (the
Criminal Code), in its most recent amended form of August 2007. The
Code is the centrepiece of German substantive criminal law and
informs the interpretation and application of any other criminal
provisions which can be found in specific legislation. The
translation thus affords an opportunity to profit from a legal
tradition that has had a major influence over history and has a
rich experience of doctrinal analysis. The translation adheres as
closely as possible to the textual structure of the original, but
has been made palatable to an English ear. It is intended as a
companion to the author's Principles of German Criminal Law which
was published in December 2008. Please click on the link below for
further details.
www.hartpub.co.uk/books/details.asp?isbn=9781841136301.
This volume contributes to the codification debate by bringing
together research articles which compare and contrast the
experience of countries which have a criminal code with those
operating a case law system. The articles consider the criticisms
that are often made of criminal code systems such as: the implicit
restrictions on judicial discretion; the tendency towards
inflexibility; the discrepancy that can develop between the theory
and the development of the law in practice; and the potential
difficulty of a criminal code fitting into a country's domestic
socio-legal culture. The advantages of the case law system are also
considered such as reliance on the judiciary for the development of
the nation's criminal law as well as the ability to legislate on
the problems of the day by enacting topical laws for distinct
subjects. Whereas wholesale codification is a much more accepted
phenomenon in the continental law traditions, simplistic
transplants from one legal tradition can result in systemic
frictions and other anomalies which may offend domestic culture.
This collection is an invaluable reference tool which supports the
discussion over codification and promotes better understanding
across the common law/civil law divide.
This book addresses potential avenues of criminal liability for
public health crisis management in the context of the COVID-19
pandemic, under national and international criminal law, especially
for causing death and bodily harm. The national case studies are
geographically representative and follow a common research grid.
Each national case study is prefaced by an overview of the
detection and subsequent spread of the pandemic in the country
concerned. The relevant legal and constitutional frameworks that
governed the government and corporate conduct in the face of the
pandemic are also discussed, followed by the consideration of forms
of criminal liability. Government responses to the COVID-19
pandemic differed vastly in terms of both the choice of strategies
adopted (herd immunity, test-and-trace, lockdown, etc) and the
quality and speed of government implementation of those strategies
and associated interventions. Both factors impacted the number of
infections and casualties. It is therefore appropriate to consider
forms of criminal liability for failure of individual members of
government, including specific public authorities, to act to the
best of their abilities, as timely as possible, and in accordance
with expert advice.
There is no limit to the number of crimes--including acts of
genocide, war crimes, crimes against humanity, piracy, drug
smuggling, governmental corruption and illegal intelligence
gathering--committed by various national governments. In STATE
CRIME, the volume editors gather together some of the best new
research on state transgressions, in addition to asking senior
scholars to reflect on their past research and bring it up to
date.The first section of the book features a well-rounded set of
cases exemplifying state criminality, including an examination of
the Holocaust through a criminological framework, and a look at the
illegal aggressions committed by the US army in Iraq. The second
section of the book focuses on various methods for controlling
these governmental transgressions, including domestic legal
sanctions and also international enforcers such as the
International Court of Human Rights. Contributors to this section
of the book examine worldwide policies, such as the international
rule against the assassination of regime elites regardless of the
acts of aggression and criminality committed by them. The book taps
into a previously overloked area that is most relevant for
understanding what policies or responses to governmental crime
would be most effective in constraining the worst acts.
Contributors include leading scholars in criminology such as Ray
Michalowski, David Friedrichs, and Peter Iadicola.
The new edition of this seminal text outlines the fundamental
aspects of the German approach to criminal procedure. It explores a
wide range of issues from setting out the basic procedural
principles to presenting the main players in the criminal justice
system, pre-trial investigations, the path from indictment to trial
judgment, rules of evidence, sentencing, and appeals and
post-conviction review. As far as it is useful for an introductory
text, the differences between proceedings against adults and
juveniles are highlighted. The theoretical discussion of
decision-making and style of judgment writing is supported by
practical insights through specimen translations of an indictment,
a trial judgment and an appellate judgment by the Federal Court of
Justice.
The new edition of this seminal text outlines the fundamental
aspects of the German approach to criminal procedure. It explores a
wide range of issues from setting out the basic procedural
principles to presenting the main players in the criminal justice
system, pre-trial investigations, the path from indictment to trial
judgment, rules of evidence, sentencing, and appeals and
post-conviction review. As far as it is useful for an introductory
text, the differences between proceedings against adults and
juveniles are highlighted. The theoretical discussion of
decision-making and style of judgment writing is supported by
practical insights through specimen translations of an indictment,
a trial judgment and an appellate judgment by the Federal Court of
Justice.
Genocide, crimes against humanity, war crimes, ethnic cleansing are
terms which in recent years have entered common usage. The worst
cases of these crimes seen in the Yugoslav secession conflict and
the Rwandan slaughter resulted in attempts by the international
legal community to initiate an international mechanism for
establishing criminal accountability. In 1998, after many States
signed the Rome Statute, it was expected that justice would prevail
over state power and impunity be eliminated. However there is a
serious question mark over the effectiveness of this process. That
is the starting point for this collection. It is not an acclamatory
collection that is meant to celebrate the undoubted advances of
international criminal justice. The articles in the first part show
the importance of comparative criminal law research to the
development of international criminal justice, and in the second
part they deal with the foundations, substantive and procedural
aspects of international criminal law.
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