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Punishment, Responsibility, and Justice: A Relational Critique

Alan Norrie

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198259565
eISBN:
9780191710636
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259565.001.0001
Subject:
Law, Comparative Law, Philosophy of Law

This book builds upon previous work in the philosophy of punishment and criminal law to develop a critique of Kantian justice thinking. It casts a new light on recent debates about punishment and the ... More


Criminal Law

John Bell

in Principles of French Law

Published in print:
2008
Published Online:
March 2012
ISBN:
9780199541393
eISBN:
9780191701221
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199541393.003.0008
Subject:
Law, Comparative Law

Criminal law is concerned with the responsibility of the individual to the state. The state undertakes a prosecution in the name of society against a deviant individual. In this light, criminal law ... More


The Limits of Kantian Justice

ALAN NORRIE

in Punishment, Responsibility, and Justice: A Relational Critique

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198259565
eISBN:
9780191710636
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259565.003.0002
Subject:
Law, Comparative Law, Philosophy of Law

This chapter looks at current debates in criminal justice thinking and identifies dialectical themes of connection and false separation. It proceeds by employing a method of immanent critique to show ... More


Critique of Criminal Justice

ALAN NORRIE

in Punishment, Responsibility, and Justice: A Relational Critique

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198259565
eISBN:
9780191710636
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259565.003.0003
Subject:
Law, Comparative Law, Philosophy of Law

This chapter examines the nature of a critical approach to criminal justice. The three different kinds of critique present in Alan Norrie's work are discussed and related to the argument in his ... More


Legalizing Blame I: the Quest for the General Part

ALAN NORRIE

in Punishment, Responsibility, and Justice: A Relational Critique

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198259565
eISBN:
9780191710636
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259565.003.0007
Subject:
Law, Comparative Law, Philosophy of Law

In considering the criminal law, there is no more fundamental question than what constitutes its basic structure. In the dominant view, the law is divided into general and special parts, and the ... More


English Law: Crime, the Criminal Process and ‘Essentially Civil Claims’

SIMON WHITTAKER

in Liability for Products: English Law, French Law, and European Harmonization

Published in print:
2005
Published Online:
March 2012
ISBN:
9780198256137
eISBN:
9780191681639
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256137.003.0015
Subject:
Law, Comparative Law

English law possesses an elaborate and wide-ranging series of criminal offences which sanction the manufacture or supply of an unsafe product (whether or not it causes personal injury or death), and ... More


Religious Discrimination and Hatred

Norman Doe

in Law and Religion in Europe: A Comparative Introduction

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199604005
eISBN:
9780191729331
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199604005.003.0004
Subject:
Law, EU Law, Comparative Law

This chapter examines religious discrimination in civil law and the impact of European Union law in this field. It explores the principle of religious equality, the prohibition of religious ... More


Conclusion

ALAN NORRIE

in Punishment, Responsibility, and Justice: A Relational Critique

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198259565
eISBN:
9780191710636
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259565.003.0010
Subject:
Law, Comparative Law, Philosophy of Law

This book has developed an analysis that applies new methodological, historical, psychological, and ethical approaches to the liberal Kantianism which dominates criminal justice thinking. The product ... More


Court Institutions 1

John Bell

in Principles of French Law

Published in print:
2008
Published Online:
March 2012
ISBN:
9780199541393
eISBN:
9780191701221
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199541393.003.0003
Subject:
Law, Comparative Law

There is a variety of court institutions which operate in different ways. This chapter identifies some of the basic structural and operational principles governing the principal courts. The fact that ... More


Mediation in Portugal: Growing Up in a Sheltered Home *

Jan Peter Schmidt

in Mediation: Principles and Regulation in Comparative Perspective

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199653485
eISBN:
9780191758270
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199653485.003.0015
Subject:
Law, Comparative Law, Private International Law

Over the last 15 years, Portugal has increasingly developed mediation as a means of alternative dispute resolution. The legislature has so far adopted a piecemeal approach and created independent ... More


Prosecuting Terrorism: Models for Confronting Organized Violence

Wayne McCormack

in The Prosecutor in Transnational Perspective

Published in print:
2012
Published Online:
April 2015
ISBN:
9780199844807
eISBN:
9780190260033
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199844807.003.0021
Subject:
Law, Comparative Law

This chapter first traces the problems created by the language of war and identifies the international dispute over defining terrorism. It then uses both US experience with racial terrorism and the ... More


Fitness to Plead: International and Comparative Perspectives

Ronnie Mackay and Warren Brookbanks (eds)

Published in print:
2018
Published Online:
September 2018
ISBN:
9780198788478
eISBN:
9780191830341
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198788478.001.0001
Subject:
Law, Comparative Law

While criminalisation may be justified whenever an offender commits a sufficiently serious moral wrong requiring that he or she be called to account, the doctrine of fitness to plead calls this ... More


Fitness to Stand Trial under International Criminal Law

Ian Freckelton and Magda Karagiannakis

in Fitness to Plead: International and Comparative Perspectives

Published in print:
2018
Published Online:
September 2018
ISBN:
9780198788478
eISBN:
9780191830341
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198788478.003.0013
Subject:
Law, Comparative Law

This chapter analyses the international criminal law jurisprudence on fitness to stand trial. It examines the mental and physical disorders that have been asserted in international criminal ... More


The Jurisdiction and Jurisprudence of Shariʿa Courts

R. Michael Feener

in Shariʿa and Social Engineering: The Implementation of Islamic Law in Contemporary Aceh, Indonesia

Published in print:
2013
Published Online:
April 2014
ISBN:
9780199678846
eISBN:
9780191758072
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199678846.003.0006
Subject:
Law, Comparative Law

This chapter traces the developments of Islamic religious courts in Aceh. In addition to a discussion of the jurisprudence of the courts in their actual handling of both family law and penal cases, ... More


The War Paradigm Versus the Criminal Law in the United States and United Kingdom

Robert H. Wagstaff

in Terror Detentions and the Rule of Law: US and UK Perspectives

Published in print:
2013
Published Online:
April 2014
ISBN:
9780199301553
eISBN:
9780199344895
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199301553.003.0008
Subject:
Law, Public International Law, Comparative Law

The Guantanamo and Belmarsh decisions reflect significant differences in the response to terrorism the US and the UK. The Bush Administration’s ‘war on terror’ served as a useful rhetorical and ... More


Silence, Speech, and the Paradox of the Right to Remain Silent in American Police Interrogation

Janet Ainsworth

in Law and Language: Current Legal Issues Volume 15

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199673667
eISBN:
9780191751769
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199673667.003.0201
Subject:
Law, Comparative Law, Philosophy of Law

In contemporary jurisprudence, the right to remain silent has been valorized as foundational to human dignity and to human expressive freedom. The right to remain silent is also likely the criminal ... More


Law and Language: Current Legal Issues Volume 15

Michael Freeman and Fiona Smith (eds)

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199673667
eISBN:
9780191751769
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199673667.001.0001
Subject:
Law, Comparative Law, Philosophy of Law

Current Legal Issues, like its sister volume Current Legal Problems, is based upon an annual colloquium held at University College London. Each year leading scholars from around the ... More


Involuntary Competence in United States Criminal Law

Stephen J Morse

in Fitness to Plead: International and Comparative Perspectives

Published in print:
2018
Published Online:
September 2018
ISBN:
9780198788478
eISBN:
9780191830341
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198788478.003.0010
Subject:
Law, Comparative Law

This chapter explores all the stages in the United States criminal justice process in which a defendant or prisoner may become incompetent and a potential candidate for involuntary treatment to ... More


The Dutch Prosecutor: A Prosecuting and Sentencing Officer

Peter J. P. Tak

in The Prosecutor in Transnational Perspective

Published in print:
2012
Published Online:
April 2015
ISBN:
9780199844807
eISBN:
9780190260033
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199844807.003.0011
Subject:
Law, Comparative Law

This chapter describes the fullest expression of concentrated prosecutorial power: the Dutch prosecutor. In the Netherlands, prosecutors are members of the judiciary and exercise far-reaching ... More


‘Liaison Magistrates’: Their Role in International Judicial Cooperation and Comparative Law

Bernard Rabatel and Olivier Deparis

in Courts and Comparative Law

Published in print:
2015
Published Online:
October 2015
ISBN:
9780198735335
eISBN:
9780191802096
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198735335.003.0033
Subject:
Law, Comparative Law, Constitutional and Administrative Law

For over 20 years, judges have been able to receive assistance from certain colleagues if they wish to analyse a solution adopted by foreign jurisdictions towards a novel problem. In March 1993, the ... More


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