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Prosecuting Domestic Violence - A Philosophical Analysis (Hardcover): Michelle Madden Dempsey Prosecuting Domestic Violence - A Philosophical Analysis (Hardcover)
Michelle Madden Dempsey
R3,461 Discovery Miles 34 610 Ships in 10 - 15 working days

What should public prosecutors do when victims withdraw support for domestic violence prosecutions? The answer to this question that motivates the investigation undertaken in this book defends the claim that (other things being equal) domestic violence prosecutors should respond as feminists.
This claim is intended as a provocative formulation of the proposition that domestic violence prosecutors should act for reasons generated by the value of reconstituting communities as less patriarchal.
This thesis is defended first by developing a general theory of prosecutorial practical reasoning, and then by considering the prosecution of domestic violence offences in particular. Along the way, this book provides an original account of the nature of prosecutorial action, the values that can be realized through such action, and the relationship between these values and the practical reasoning of criminal prosecutors.
Moreover, it provides original analyses of two key concepts, domestic violence and patriarchy, and explains the relevance of the latter to a proper understanding of the former.
These insights are put to work in answering the motivating question stated above, and provide answers both in terms of what prosecutors would be justified in doing, and what prosecutors should do in order to be effective.

From Morality to Law & Back Again: Liber Amicorum for John Gardner (1): Michelle Madden Dempsey, François Tanguay-Renaud From Morality to Law & Back Again: Liber Amicorum for John Gardner (1)
Michelle Madden Dempsey, François Tanguay-Renaud
R2,797 Discovery Miles 27 970 Ships in 10 - 15 working days

John Gardner was one of the most prolific, widely read, and influential scholars working in philosophy of law. This book celebrates, explores, and develops themes of his work during his sixteen years as Professor of Jurisprudence at University of Oxford. Written by a team of contributors whose own work has been influenced by Gardner's and with whom he has worked closely, this book engages with many of the concepts, themes, and issues that were central to his philosophical work and outlook. It expands on his arguments, offers original rebuttals to some, and draws connections with parallel and emerging fields that have been influenced by his work. This is the first book-length treatment covering the entire range of his scholarship, and will serve as a handbook of sorts, for those scholars seeking to engage Gardner's work and make connections across the wide range of topics on which he has written. In particular, the volume comprises discussions of duties to try and succeed in relation to Hume's maxim that 'ought implies can'; the role of continuity, conservatism, and corrective justice in private law, the interrelations between wrongdoing, blame, punishment, and the justification of criminal law, justifications, excuses, and responsibility, the distinctiveness of the wrongs of rape and discrimination, as well as general jurisprudence and how it may, or may not, illuminate the questions of normativity and the nature of constitutions. The volume also engages with further concepts and questions addressed through the prism of Gardner's work, include Indigenous rights and law, Equity, corporate responsibility and the possibility of state crimes, and the nature, structure, and phenomenology of virtue. Together, the papers collected in this volume pay homage to the breadth of John Gardner's legal philosophy. The conversations begun, or continued, in this volume will continue to inform the contributors' future work, and thus increase the likelihood that John's body of work will have an ever greater influence on the future of legal philosophy.

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