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A Theory of Criminal Law Theories

Michael Moore

in Placing Blame: A Theory of the Criminal Law

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199599493
eISBN:
9780191594649
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599493.003.0001
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter develops a theory of what a theory of and area of law, criminal law included, should look like. It describes what kind of thing an area of law might be, and previews the book's ... More


Offences and Defences: Selected Essays in the Philosophy of Criminal Law

John Gardner

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199239351
eISBN:
9780191716959
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199239351.001.0001
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This book collects together a selection of John Gardner's best-known and most provocative writings on the theory of criminal law. Gardner tackles persistent and troublesome questions about the ... More


Genetics, Neuroscience, and Criminal Responsibility

Nita A. Farahany and James E. Coleman, Jr.

in The Impact of Behavioral Sciences on Criminal Law

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195340525
eISBN:
9780199867219
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195340525.003.0007
Subject:
Law, Criminal Law and Criminology

This chapter discusses practitioners' attempts to use behavioral genetics and neuroscience in U.S. criminal law cases, and explores the relationship between behavioral genetics, neuroscience, and ... More


Distributive Principles of Criminal Law: Who Should be Punished How Much

Paul H. Robinson

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195365757
eISBN:
9780199867684
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195365757.001.0001
Subject:
Law, Criminal Law and Criminology

The rules governing who will be punished and how much determine a society's success in two of its most fundamental functions: doing justice and protecting citizens from crime. Drawing from the ... More


International Criminal Justice at the Yugoslav Tribunal: A Judge's Recollection

Mohamed Shahabuddeen

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199670826
eISBN:
9780191751523
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199670826.001.0001
Subject:
Law, Public International Law, Criminal Law and Criminology

International criminal justice has undergone rapid recent development. Since the establishment of the International Criminal Tribunal for the former Yugoslavia (ICTY) in 1993, and the International ... More


The Structures of the Criminal Law

R.A. Duff, Lindsay Farmer, S.E. Marshall, Massimo Renzo, and Victor Tadros (eds)

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199644315
eISBN:
9780191732249
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199644315.001.0001
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

This book is part of a series arising from an interdisciplinary investigation into the issue of criminalization, focussing on the principles and goals that should guide decisions about what kinds of ... More


Prosecuting Serious Human Rights Violations

Anja Seibert-Fohr

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199569328
eISBN:
9780191721502
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199569328.001.0001
Subject:
Law, Human Rights and Immigration, Criminal Law and Criminology

Criminal punishment is increasingly regarded as a necessary element of human rights protection. There is a growing conviction at the international level that those responsible for the most serious ... More


The Insecurity State: Vulnerable Autonomy and the Right to Security in the Criminal Law

Peter Ramsay

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199581061
eISBN:
9780191741005
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199581061.001.0001
Subject:
Law, Criminal Law and Criminology

This book presents a theory of the recent emergence of a right to security and of its protection by the criminal law in the UK. It states that the protection of such a right makes sense of the ... More


Dynamics of Inclusion and Exclusion: Unfitness to Plead and Infancy

Arlie Loughnan

in Manifest Madness: Mental Incapacity in the Criminal Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199698592
eISBN:
9780191738883
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698592.003.0004
Subject:
Law, Criminal Law and Criminology

This chapter juxtaposes two mental incapacity doctrines — unfitness to plead and infancy — that are facially quite dissimilar, but which define, by a process of exclusion, those who can be subjected ... More


Punishment and Freedom

Alan Brudner

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199207251
eISBN:
9780191705502
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207251.001.0001
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This book sets out a new understanding of the penal law of a liberal legal order. The prevailing view is that the penal law is best understood from the standpoint of a moral theory concerning when it ... More


Jurisdiction and the Ambit of the Criminal Law

Michael Hirst

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199245390
eISBN:
9780191715013
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199245390.001.0001
Subject:
Law, Criminal Law and Criminology

In the modern world, it is increasingly difficult for criminal law to be applied on a narrow territorial basis. This is especially apparent in the context of international fraud, drug smuggling, ... More


Putting Mental Incapacity Together Again

Arlie Loughnan

in Manifest Madness: Mental Incapacity in the Criminal Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199698592
eISBN:
9780191738883
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698592.003.0002
Subject:
Law, Criminal Law and Criminology

This chapter marks out the boundary of mental incapacity in criminal law — determining what's in and what's out. It suggests an approach to mental incapacity in criminal law whereby the relevant ... More


‘Manifest Madness’: The Intersection of ‘Madness’ and Crime

Arlie Loughnan

in Manifest Madness: Mental Incapacity in the Criminal Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199698592
eISBN:
9780191738883
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698592.003.0003
Subject:
Law, Criminal Law and Criminology

This chapter analyses the terrain of mental incapacity, expanding the scholarly frame beyond the legal doctrines to encompass attendant legal practices concerning evidence and proof, enabling an ... More


‘Since the days of Noah’:1 the Law of Intoxicated Offending

Arlie Loughnan

in Manifest Madness: Mental Incapacity in the Criminal Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199698592
eISBN:
9780191738883
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698592.003.0007
Subject:
Law, Criminal Law and Criminology

This chapter examines the law on intoxicated offending, according to which incapacity resulting from intoxication by alcohol or drugs can form the basis for imputed criminal liability. The first of ... More


Criminal Law Theory: Doctrines of the General Part

Stephen Shute and Andrew Simester (eds)

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199243495
eISBN:
9780191714177
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199243495.001.0001
Subject:
Law, Criminal Law and Criminology

Written by philosophers and lawyers from the United States and the United Kingdom, this collection of original essays offers new insights into the doctrines that make up the general part of the ... More


Conclusion

Anja Seibert-Fohr

in Prosecuting Serious Human Rights Violations

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199569328
eISBN:
9780191721502
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199569328.003.0008
Subject:
Law, Human Rights and Immigration, Criminal Law and Criminology

Since this entire study provides evidence of a growing convergence of human rights and international criminal law, this last chapter presents an evaluation of that new trend in international law. It ... More


Grounds for Excluding Criminal Responsibility

Elies van Sliedregt

in Individual Criminal Responsibility in International Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199560363
eISBN:
9780191738623
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199560363.003.0009
Subject:
Law, Public International Law, Criminal Law and Criminology

Codifiers in international criminal law have not been at ease with the subject of defences. They have focused on eliminating defences rather than on defining them. This chapter discusses defences ... More


Limitations on Criminalization and the General Part of Criminal Law

DOUGLAS N. HUSAK

in Criminal Law Theory: Doctrines of the General Part

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199243495
eISBN:
9780191714177
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199243495.003.0002
Subject:
Law, Criminal Law and Criminology

This chapter shows how the general part of criminal law might be construed to include doctrines that place significant limitations on criminalisation — on the kinds of conduct that may be subject to ... More


Incapacity and Disability: the Exculpatory Doctrines of Insanity and Automatism

Arlie Loughnan

in Manifest Madness: Mental Incapacity in the Criminal Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199698592
eISBN:
9780191738883
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698592.003.0005
Subject:
Law, Criminal Law and Criminology

This chapter focuses on the substantive law of insanity and automatism. It suggests that, when a loose, broad, and partially moralized notion of incapacity — defined largely by extra-legal norms — ... More


Killing in Self-Defence

Fiona Leverick

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199283460
eISBN:
9780191712654
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199283460.001.0001
Subject:
Law, Criminal Law and Criminology

This book is a comprehensive analysis of the criminal defence of self-defence from a philosophical, legal, and human rights perspective. The primary focus is on self-defence as a defence to homicide, ... More


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