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Republicanism and Crime

Richard Dagger

in Legal Republicanism: National and International Perspectives

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199559169
eISBN:
9780191720956
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199559169.003.0007
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This chapter looks to the republican tradition of political thought for guidance in unravelling the problems that surround the analysis and practice of criminal law. It argues that republicanism can ... More


Tough on Punishment: Criminal Justice, Deliberation, and Legal Alienation

Roberto Gargarella

in Legal Republicanism: National and International Perspectives

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199559169
eISBN:
9780191720956
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199559169.003.0008
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

The literature on criminal justice in the last few years has been enriched by different studies connecting a concern with deliberative democracy with republican and egalitarian intuitions. This ... More


Criminal Law and Procedure

Stephen Zamora, José RamlÓN CossÍO, Lenone Pereznieto, José Roldá n-Xopa, and David Lopez

in Mexican Law

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199288489
eISBN:
9780191700514
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199288489.003.0011
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on criminal law and procedure in Mexico. It begins by examining the historical background and sources of criminal law, and this is followed by a discussion on judicial precedent ... More


Legal Republicanism: National and International Perspectives

Samantha Besson and José Luis Martí (eds)

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199559169
eISBN:
9780191720956
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199559169.001.1
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

Interest in republicanism as a political theory has burgeoned in recent years, but its implications for the understanding of law have remained largely unexplored. This book offers a critical survey ... More


Rights and Privileges

Jeffrey M. Shaman

in Equality and Liberty in the Golden Age of State Constitutional Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195334340
eISBN:
9780199868773
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195334340.003.0003
Subject:
Law, Constitutional and Administrative Law

Discriminatory laws that infringe rights or privileges may be subject to constitutional review under equality provisions. Where such laws affect fundamental rights or rights otherwise entitled to ... More


The Role of the Political Branches: Negotiating Federalism

Erin Ryan

in Federalism and the Tug of War Within

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199737987
eISBN:
9780199918652
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199737987.003.0008
Subject:
Law, Constitutional and Administrative Law

Chapter Eight summarizes the federalism safeguards debate, considers the role of negotiated governance, and highlights potential contributions from the academic negotiation literature. Most ... More


Setting the Problem: Liberal Criminal Law and the Preventive Turn

Henrique Carvalho

in The Preventive Turn in Criminal Law

Published in print:
2017
Published Online:
June 2017
ISBN:
9780198737858
eISBN:
9780191801501
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198737858.003.0001
Subject:
Law, Criminal Law and Criminology, Constitutional and Administrative Law

This introductory chapter presents the context of the preventive turn, looking at how recent changes and transformations to the framework of criminal law and criminal liability have been represented ... More


The Structure of the Law of Delict in Historical Perspective

DANIEL VISSER and NIALL WHITTY

in A History of Private Law in Scotland: Volume 2: Obligations

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198299288
eISBN:
9780191685651
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299288.003.0015
Subject:
Law, Constitutional and Administrative Law, Legal History

This chapter aims to trace and describe the historical evolution of the distinctions between: the criminal law and private law as manifested in the law of delict; the law of property and the law of ... More


Pilate’s Paramount Duty: Constitutional Reasonableness and the Restriction of Freedom of Expression and Assembly

Sunil Khilnani, Vikram Raghavan, and Arun K. Thiruvengadam

in Comparative Constitutionalism in South Asia

Published in print:
2012
Published Online:
January 2013
ISBN:
9780198081760
eISBN:
9780199082360
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198081760.003.0010
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the particular relevance to South Asia of the disagreement between the ideas of two nineteenth-century thinkers—John Stuart Mill and James Fitzjames Stephen. While Mill ... More


Criminal Law at the Crossroads: The Need for a Code

Mary Arden

in Common Law and Modern Society: Keeping Pace with Change

Published in print:
2015
Published Online:
March 2016
ISBN:
9780198755845
eISBN:
9780191816970
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198755845.003.0015
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

This chapter argues that systematic reform of the criminal law is necessary and overdue. Criminal law profoundly affects the relationship between the individual and the state; it therefore ought to ... More


The Preventive Turn: An Ambivalent Law in an Insecure World

Henrique Carvalho

in The Preventive Turn in Criminal Law

Published in print:
2017
Published Online:
June 2017
ISBN:
9780198737858
eISBN:
9780191801501
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198737858.003.0007
Subject:
Law, Criminal Law and Criminology, Constitutional and Administrative Law

This concluding chapter applies the theoretical framework developed throughout the book to the contemporary framework of criminal law. It traces the ambivalence of criminal subjectivity through the ... More


Contracts and Other Obligations

Stephen Zamora, José RamlÓN CossÍO, Lenone Pereznieto, José Roldá n-Xopa, and David Lopez

in Mexican Law

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199288489
eISBN:
9780191700514
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199288489.003.0017
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the law of obligations, also known as jus in personam, or ‘rights against a person’. In the Mexican legal system, contract law is regarded as only one branch of in personam ... More


Criminal Answerability and the Offence/Defence Distinction

Luís Duarte d’Almeida

in Allowing for Exceptions: A Theory of Defences and Defeasibility in Law

Published in print:
2015
Published Online:
May 2015
ISBN:
9780199685783
eISBN:
9780191765766
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685783.003.0008
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This chapter makes use of the analyses set forth in the book to cast light on our legal practices of holding people responsible for their actions. The focus is on criminal responsibility. Criminal ... More


The Invasions and the Defences: Crime and Criminal Law

O. Chinnappa Reddy

in The Court and the Constitution of India: Summit and Shallows

Published in print:
2010
Published Online:
October 2012
ISBN:
9780198066286
eISBN:
9780199081462
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198066286.003.0038
Subject:
Law, Constitutional and Administrative Law

In India, the jurisprudence of criminal law has been a sadly neglected subject. The Supreme Court is generally satisfied with the facts, and if necessary, the interpretation of the particular statute ... More


Substantive Criminal Law

Simon Butt and Tim Lindsey

in Indonesian Law

Published in print:
2018
Published Online:
October 2018
ISBN:
9780199677740
eISBN:
9780191757242
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199677740.003.0010
Subject:
Law, Constitutional and Administrative Law

The sources of Indonesian criminal law are numerous. The backbone of substantive criminal law is the Criminal Code (KUHP), which was first applied in Indonesia during Dutch colonialism in 1918 and ... More


The Preventive Turn in Criminal Law

Henrique Carvalho

Published in print:
2017
Published Online:
June 2017
ISBN:
9780198737858
eISBN:
9780191801501
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198737858.001.0001
Subject:
Law, Criminal Law and Criminology, Constitutional and Administrative Law

This book presents a theoretical examination of the rise and expansion of preventive criminal offences that has gained momentum in Anglo-American criminal justice since the late twentieth century. It ... More


The Proliferation of Actuarial Methods in Punishing and Policing

in Against Prediction: Profiling, Policing, and Punishing in an Actuarial Age

Published in print:
2006
Published Online:
March 2013
ISBN:
9780226316130
eISBN:
9780226315997
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226315997.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter documents the ascendance of the actuarial paradigm, focusing on a wide range of predictive tools in criminal law and punishment. It explores the use of actuarial methods in the larger ... More


Retrieving Subjectivity: Criminal Law, Terrorism, and the Limits of Political Community

Henrique Carvalho

in The Preventive Turn in Criminal Law

Published in print:
2017
Published Online:
June 2017
ISBN:
9780198737858
eISBN:
9780191801501
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198737858.003.0006
Subject:
Law, Criminal Law and Criminology, Constitutional and Administrative Law

This chapter examines the limits of the emancipatory aspirations found within liberal criminal law, through a discussion of the challenges posed to the liberal model of criminal law by terrorism. It ... More


Indonesian Law

Tim Lindsey and Simon Butt

Published in print:
2018
Published Online:
October 2018
ISBN:
9780199677740
eISBN:
9780191757242
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199677740.001.0001
Subject:
Law, Constitutional and Administrative Law

This book explains Indonesia’s complex legal system and how it works. Covering a wide range of substantive topics from public to private law, including commercial, criminal, and constitutional law, ... More


Liberty, Insecurity, and the Conceptual Foundations of Reassurance

Henrique Carvalho

in The Preventive Turn in Criminal Law

Published in print:
2017
Published Online:
June 2017
ISBN:
9780198737858
eISBN:
9780191801501
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198737858.003.0003
Subject:
Law, Criminal Law and Criminology, Constitutional and Administrative Law

This chapter examines the ambivalent relation between individual liberty and insecurity in the conceptual framework of criminal law. It does so primarily through a critical examination of the ... More


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