|
Showing 1 - 2 of
2 matches in All Departments
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.
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.
|
You may like...
Loot
Nadine Gordimer
Paperback
(2)
R398
R369
Discovery Miles 3 690
WWE: Payback 2014
Randy Orton, Bray Wyatt, …
Blu-ray disc
(1)
R107
Discovery Miles 1 070
|