P. R. Glazebrook
- Published in print:
- 2003
- Published Online:
- January 2013
- ISBN:
- 9780197262788
- eISBN:
- 9780191754210
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197262788.003.0021
- Subject:
- History, Historiography
Glanville Williams was an eminent jurist, specialising in criminal law, the publication of whose Criminal Law: The General Part in 1953 transformed scholarly and professional attitudes to its ...
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Glanville Williams was an eminent jurist, specialising in criminal law, the publication of whose Criminal Law: The General Part in 1953 transformed scholarly and professional attitudes to its subject. An introductory textbook for students, Learning the Law, published in 1944, has remained in print through several editions. Williams, who held four Chairs in law, including Quain Professor of Jurisprudence at University College, London and the Rouse Ball Professorship of English Law at Cambridge, was elected Fellow of the British Academy at the young age of 46. He gave support to the campaigns for the modification of the criminal law of abortion, drafting Bills in 1952, 1961, 1965 and 1966 and advising on the successful one of 1967. Obituary by P. R. Glazebrook.Less
Glanville Williams was an eminent jurist, specialising in criminal law, the publication of whose Criminal Law: The General Part in 1953 transformed scholarly and professional attitudes to its subject. An introductory textbook for students, Learning the Law, published in 1944, has remained in print through several editions. Williams, who held four Chairs in law, including Quain Professor of Jurisprudence at University College, London and the Rouse Ball Professorship of English Law at Cambridge, was elected Fellow of the British Academy at the young age of 46. He gave support to the campaigns for the modification of the criminal law of abortion, drafting Bills in 1952, 1961, 1965 and 1966 and advising on the successful one of 1967. Obituary by P. R. Glazebrook.
Wendie Ellen Schneider
- Published in print:
- 2016
- Published Online:
- May 2016
- ISBN:
- 9780300125665
- eISBN:
- 9780300216554
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300125665.003.0005
- Subject:
- History, British and Irish Modern History
Nearly fifty years passed between the reform allowing parties to testify in civil cases and the Criminal Evidence Act of 1898 that allowed defendants to testify in criminal cases. This delay was a ...
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Nearly fifty years passed between the reform allowing parties to testify in civil cases and the Criminal Evidence Act of 1898 that allowed defendants to testify in criminal cases. This delay was a byproduct of the reform and experimentation that characterized the Victorian legal system’s approach to the possibility of witness deceit. The Act also marks the triumph of cross-examination as the guarantor of veracity in the courtroom. Several highly publicized in which the respectable defendants were accused of scandalous crimes helped drive the Act’s passage.Less
Nearly fifty years passed between the reform allowing parties to testify in civil cases and the Criminal Evidence Act of 1898 that allowed defendants to testify in criminal cases. This delay was a byproduct of the reform and experimentation that characterized the Victorian legal system’s approach to the possibility of witness deceit. The Act also marks the triumph of cross-examination as the guarantor of veracity in the courtroom. Several highly publicized in which the respectable defendants were accused of scandalous crimes helped drive the Act’s passage.
MARK CURTHOYS
- Published in print:
- 2004
- Published Online:
- January 2010
- ISBN:
- 9780199268894
- eISBN:
- 9780191708466
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199268894.003.0007
- Subject:
- History, British and Irish Modern History
In 1871, parliamentary opinion in Britain insisted that the criminal law should be strong enough to ensure that those individuals or groups of individuals who chose not to belong to trade unions or ...
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In 1871, parliamentary opinion in Britain insisted that the criminal law should be strong enough to ensure that those individuals or groups of individuals who chose not to belong to trade unions or take part in strikes would be protected from being coerced, by physical acts, abuse, or personal harassment, into doing so. As a concession to the unions who demanded for the repeal of the law, the government hived off the criminal provisions into a separate bill, enacted in June 1871 as the Criminal Law Amendment Act (CLAA). Such a gesture, however, did not appease the unions, with the rhetoric of the labour laws agitation depicting the CLAA as an oppressive law directed against them. The Home Office sought to remove any criminality that might attach to strikes, or threats of strikes, as a result of extended applications of the law of conspiracy. The most controversial practical aspect of the CLAA concerned its effect upon picketing.Less
In 1871, parliamentary opinion in Britain insisted that the criminal law should be strong enough to ensure that those individuals or groups of individuals who chose not to belong to trade unions or take part in strikes would be protected from being coerced, by physical acts, abuse, or personal harassment, into doing so. As a concession to the unions who demanded for the repeal of the law, the government hived off the criminal provisions into a separate bill, enacted in June 1871 as the Criminal Law Amendment Act (CLAA). Such a gesture, however, did not appease the unions, with the rhetoric of the labour laws agitation depicting the CLAA as an oppressive law directed against them. The Home Office sought to remove any criminality that might attach to strikes, or threats of strikes, as a result of extended applications of the law of conspiracy. The most controversial practical aspect of the CLAA concerned its effect upon picketing.
MARK CURTHOYS
- Published in print:
- 2004
- Published Online:
- January 2010
- ISBN:
- 9780199268894
- eISBN:
- 9780191708466
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199268894.003.0009
- Subject:
- History, British and Irish Modern History
Robert Lowe, who became secretary of the Home Office of Britain in August 1873, prepared a comprehensive settlement of the Trades Union Congress's (TUC) grievances during his brief tenure by drafting ...
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Robert Lowe, who became secretary of the Home Office of Britain in August 1873, prepared a comprehensive settlement of the Trades Union Congress's (TUC) grievances during his brief tenure by drafting a bill reforming the labour laws. First to be subjected to Lowe's scrutiny was the law of conspiracy; he wanted to confine the offence of conspiracy to its principal useful function, ‘the power to punish a crime where the proof of its commission is defective’. Lowe's approach to the Criminal Law Amendment Act (CLAA) was equally sweeping. Lowe's solution was to make the offences enumerated in the CLAA apply generally, rather than only to the circumstance of trade unions and strikes. He also proposed the total repeal of the criminal clauses of the Master and Servant Act.Less
Robert Lowe, who became secretary of the Home Office of Britain in August 1873, prepared a comprehensive settlement of the Trades Union Congress's (TUC) grievances during his brief tenure by drafting a bill reforming the labour laws. First to be subjected to Lowe's scrutiny was the law of conspiracy; he wanted to confine the offence of conspiracy to its principal useful function, ‘the power to punish a crime where the proof of its commission is defective’. Lowe's approach to the Criminal Law Amendment Act (CLAA) was equally sweeping. Lowe's solution was to make the offences enumerated in the CLAA apply generally, rather than only to the circumstance of trade unions and strikes. He also proposed the total repeal of the criminal clauses of the Master and Servant Act.
MARK CURTHOYS
- Published in print:
- 2004
- Published Online:
- January 2010
- ISBN:
- 9780199268894
- eISBN:
- 9780191708466
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199268894.003.0008
- Subject:
- History, British and Irish Modern History
This chapter examines the ruling issued by Sir William Brett in R v Bunn and Others (the gas stokers' case) and its implications for Britain's trade unions and their freedom to strike. Whatever its ...
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This chapter examines the ruling issued by Sir William Brett in R v Bunn and Others (the gas stokers' case) and its implications for Britain's trade unions and their freedom to strike. Whatever its basis, Brett's ruling has been described as one of the most momentous English court decisions of the nineteenth century. Strikers, whether trade unionists or not, found that a completely unexpected judicial intervention had ‘turned the whole flank of the Criminal Law Amendment Act (CLAA) of 1871’. A number of new issues were raised by the case: the judge's handling of the trial and his sentence on the gas stokers; the revival of the law of conspiracy in labour cases; the limits of the freedom to strike where the safety of the public was endangered; and the inequality of the Master and Servant Act, whose alteration was now added to repeal of the CLAA in the Trades Union Congress's programme, agreed at Leeds in January 1873.Less
This chapter examines the ruling issued by Sir William Brett in R v Bunn and Others (the gas stokers' case) and its implications for Britain's trade unions and their freedom to strike. Whatever its basis, Brett's ruling has been described as one of the most momentous English court decisions of the nineteenth century. Strikers, whether trade unionists or not, found that a completely unexpected judicial intervention had ‘turned the whole flank of the Criminal Law Amendment Act (CLAA) of 1871’. A number of new issues were raised by the case: the judge's handling of the trial and his sentence on the gas stokers; the revival of the law of conspiracy in labour cases; the limits of the freedom to strike where the safety of the public was endangered; and the inequality of the Master and Servant Act, whose alteration was now added to repeal of the CLAA in the Trades Union Congress's programme, agreed at Leeds in January 1873.
Andrew Boutros
- Published in print:
- 2019
- Published Online:
- May 2019
- ISBN:
- 9780190232399
- eISBN:
- 9780190232412
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190232399.003.0005
- Subject:
- Law, Criminal Law and Criminology, Company and Commercial Law
China’s anti-corruption legislation prohibits both official corruption and commercial bribery. China is a civil law country. It does not have a uniform national anti-corruption law yet, and the ...
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China’s anti-corruption legislation prohibits both official corruption and commercial bribery. China is a civil law country. It does not have a uniform national anti-corruption law yet, and the relevant anti-corruption legal provisions are mainly in the PRC Criminal Law and the PRC Anti-Unfair Competition Law. In addition to these two key legislations, there are also regulations and judicial interpretations issued by relevant government agencies and Supreme People’s Court to address implementation issues under the law. Since China’s president, Jinping Xi, came to power in 2012, China has launched an anti-corruption campaign. The 19th CCP Congress in 2017 continues to send strong signals to fight against corruption.Less
China’s anti-corruption legislation prohibits both official corruption and commercial bribery. China is a civil law country. It does not have a uniform national anti-corruption law yet, and the relevant anti-corruption legal provisions are mainly in the PRC Criminal Law and the PRC Anti-Unfair Competition Law. In addition to these two key legislations, there are also regulations and judicial interpretations issued by relevant government agencies and Supreme People’s Court to address implementation issues under the law. Since China’s president, Jinping Xi, came to power in 2012, China has launched an anti-corruption campaign. The 19th CCP Congress in 2017 continues to send strong signals to fight against corruption.
Finbarr McAuley
- Published in print:
- 2010
- Published Online:
- March 2012
- ISBN:
- 9780748640706
- eISBN:
- 9780748651450
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748640706.003.0022
- Subject:
- Law, Criminal Law and Criminology
This chapter deals with key aspects of the criminal law relating to sexual offences against children. It sets out the legal regime governing statutory rape under the Criminal Law Amendment Act 1935; ...
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This chapter deals with key aspects of the criminal law relating to sexual offences against children. It sets out the legal regime governing statutory rape under the Criminal Law Amendment Act 1935; considers the effect of the decision of the Supreme Court in CC v Ireland and analyses the reasoning in that case; presents a description and assessment of the legislative response to CC; and draws conclusions and makes recommendations as to how the law in this area might be improved. The principal conclusion of the chapter is that strict liability should be reinstated as the cornerstone of the criminal law governing statutory rape. It recommends that the Irish Constitution be amended to permit this to happen; but that a legal regime built on the principle of strict liability should be structured so that experimental sexual behaviour between children of comparable age should be excluded from the ambit of a newly configured offence of statutory rape.Less
This chapter deals with key aspects of the criminal law relating to sexual offences against children. It sets out the legal regime governing statutory rape under the Criminal Law Amendment Act 1935; considers the effect of the decision of the Supreme Court in CC v Ireland and analyses the reasoning in that case; presents a description and assessment of the legislative response to CC; and draws conclusions and makes recommendations as to how the law in this area might be improved. The principal conclusion of the chapter is that strict liability should be reinstated as the cornerstone of the criminal law governing statutory rape. It recommends that the Irish Constitution be amended to permit this to happen; but that a legal regime built on the principle of strict liability should be structured so that experimental sexual behaviour between children of comparable age should be excluded from the ambit of a newly configured offence of statutory rape.
David J. A. Cairns
- Published in print:
- 1999
- Published Online:
- March 2012
- ISBN:
- 9780198262848
- eISBN:
- 9780191682414
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198262848.003.0004
- Subject:
- Law, Legal History
This chapter considers the enactment and the implementation of the Prisoners' Counsel Act. The first two sections of this chapter outline the course of the debate and introduce the Criminal Law ...
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This chapter considers the enactment and the implementation of the Prisoners' Counsel Act. The first two sections of this chapter outline the course of the debate and introduce the Criminal Law Commissioners, who produced an important report on full defence by counsel in 1836. The third section considers the main argument of the reformers, which was that full defence by counsel was more conducive to the discovery of the truth than the existing procedure. The final section examines the contribution of the campaign for the amelioration of capital punishment to the success of the Prisoners' Counsel Act and, more generally, the Act's place in the transformation of the criminal law which occurred at this time.Less
This chapter considers the enactment and the implementation of the Prisoners' Counsel Act. The first two sections of this chapter outline the course of the debate and introduce the Criminal Law Commissioners, who produced an important report on full defence by counsel in 1836. The third section considers the main argument of the reformers, which was that full defence by counsel was more conducive to the discovery of the truth than the existing procedure. The final section examines the contribution of the campaign for the amelioration of capital punishment to the success of the Prisoners' Counsel Act and, more generally, the Act's place in the transformation of the criminal law which occurred at this time.
Mark A. Lewis
- Published in print:
- 2014
- Published Online:
- April 2014
- ISBN:
- 9780199660285
- eISBN:
- 9780191757716
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199660285.003.0005
- Subject:
- History, European Modern History, Political History
At the Paris Peace Conference, liberal internationalists maintained that the international system could be regulated by a new League of Nations and an international court to settle political ...
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At the Paris Peace Conference, liberal internationalists maintained that the international system could be regulated by a new League of Nations and an international court to settle political disputes. This was not an international criminal court, however. Later, different European jurists adopted that project for liberal and conservative purposes. In 1920 Baron Edouard Descamps proposed a non-permanent international criminal court with jurisdiction over aggressive war and war crimes, but also over “crimes against the international order,” meaning socialist revolution. Romanian jurist Vespasien V. Pella wanted to create an international criminal court to prevent wars of aggression, as well as create a new tool that would allow states to protect themselves against transnational crime, revolutionary socialism, and terrorism. The movement to build the new field of international criminal law in the 1920s had very little success because it was out of step with other legal and political developments in the League and could not resolve jurisdictional conflicts among states. By 1929, criminological jurists had helped write an anti-counterfeiting convention, but they needed a new project that would attract state officials to their grand vision of creating an international legal system based on criminal laws. The rise of new forms of terrorism provided that opportunity.Less
At the Paris Peace Conference, liberal internationalists maintained that the international system could be regulated by a new League of Nations and an international court to settle political disputes. This was not an international criminal court, however. Later, different European jurists adopted that project for liberal and conservative purposes. In 1920 Baron Edouard Descamps proposed a non-permanent international criminal court with jurisdiction over aggressive war and war crimes, but also over “crimes against the international order,” meaning socialist revolution. Romanian jurist Vespasien V. Pella wanted to create an international criminal court to prevent wars of aggression, as well as create a new tool that would allow states to protect themselves against transnational crime, revolutionary socialism, and terrorism. The movement to build the new field of international criminal law in the 1920s had very little success because it was out of step with other legal and political developments in the League and could not resolve jurisdictional conflicts among states. By 1929, criminological jurists had helped write an anti-counterfeiting convention, but they needed a new project that would attract state officials to their grand vision of creating an international legal system based on criminal laws. The rise of new forms of terrorism provided that opportunity.
Mugambi Jouet
- Published in print:
- 2017
- Published Online:
- September 2017
- ISBN:
- 9780520293298
- eISBN:
- 9780520966468
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520293298.003.0008
- Subject:
- Political Science, American Politics
Mass incarceration exists in America on a scale unmatched in global history. America is also the only Western democracy that has not abolished the death penalty; and one of the nations that execute ...
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Mass incarceration exists in America on a scale unmatched in global history. America is also the only Western democracy that has not abolished the death penalty; and one of the nations that execute the most prisoners alongside abusive dictatorships like China, North Korea, and Iran. American justice is further characterized by pervasive racial discrimination, the peculiar “War on Drugs,” the dehumanizing treatment of juveniles, and routine use of harmful solitary confinement. Modern America has thus become a systematic human rights violator in criminal law and punishment. It was not always so, as foreigners once saw American justice as enlightened.
Harsh justice has not made America particularly safe. It has the highest murder rate and the most gun violence in the West due to extraordinarily lax gun control shaped by die-hard partisans of the Second Amendment and lobbying by the NRA.
Criminal justice reform gained more attention after shootings of unarmed black men in Ferguson and beyond led to the rise of the Black Lives Matter movement. However, historical root causes behind this dimension of American exceptionalism have been widely overlooked, including systemic racism, populism, anti-intellectualism, market fundamentalism, and religious fundamentalism.Less
Mass incarceration exists in America on a scale unmatched in global history. America is also the only Western democracy that has not abolished the death penalty; and one of the nations that execute the most prisoners alongside abusive dictatorships like China, North Korea, and Iran. American justice is further characterized by pervasive racial discrimination, the peculiar “War on Drugs,” the dehumanizing treatment of juveniles, and routine use of harmful solitary confinement. Modern America has thus become a systematic human rights violator in criminal law and punishment. It was not always so, as foreigners once saw American justice as enlightened.
Harsh justice has not made America particularly safe. It has the highest murder rate and the most gun violence in the West due to extraordinarily lax gun control shaped by die-hard partisans of the Second Amendment and lobbying by the NRA.
Criminal justice reform gained more attention after shootings of unarmed black men in Ferguson and beyond led to the rise of the Black Lives Matter movement. However, historical root causes behind this dimension of American exceptionalism have been widely overlooked, including systemic racism, populism, anti-intellectualism, market fundamentalism, and religious fundamentalism.
Jiahong He
- Published in print:
- 2016
- Published Online:
- November 2016
- ISBN:
- 9780824856618
- eISBN:
- 9780824868703
- Item type:
- chapter
- Publisher:
- University of Hawai'i Press
- DOI:
- 10.21313/hawaii/9780824856618.003.0012
- Subject:
- Society and Culture, Asian Studies
In the third case of “back from the dead,” Zhao Zuohai was arrested for murdering a villager in1998 and convicted in 2002. In 2010, after the “victim” came back alive to the village, a retrial ...
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In the third case of “back from the dead,” Zhao Zuohai was arrested for murdering a villager in1998 and convicted in 2002. In 2010, after the “victim” came back alive to the village, a retrial commission organized by the High Court overruled the conviction against Zuohai and released him. Influenced by this wrongful conviction, the “Two Provisions on Criminal Evidence” were issued in June 2010. Against the background of this story, and drawing on the results of a survey of judges, the author discusses issues relating to illegally obtained evidence and calls for a higher standard for evidence collection, examination, and evaluation.Less
In the third case of “back from the dead,” Zhao Zuohai was arrested for murdering a villager in1998 and convicted in 2002. In 2010, after the “victim” came back alive to the village, a retrial commission organized by the High Court overruled the conviction against Zuohai and released him. Influenced by this wrongful conviction, the “Two Provisions on Criminal Evidence” were issued in June 2010. Against the background of this story, and drawing on the results of a survey of judges, the author discusses issues relating to illegally obtained evidence and calls for a higher standard for evidence collection, examination, and evaluation.
Richard H. Mcadams
- Published in print:
- 2011
- Published Online:
- April 2015
- ISBN:
- 9780199861279
- eISBN:
- 9780190260071
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:osobl/9780199861279.003.0024
- Subject:
- Law, Criminal Law and Criminology
This chapter presents an authoritative overview of the political economy of criminal law and procedure, with particular emphasis on Bill Stuntz's critique of the modern American criminal justice ...
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This chapter presents an authoritative overview of the political economy of criminal law and procedure, with particular emphasis on Bill Stuntz's critique of the modern American criminal justice system in his paper The Pathological Politics of Criminal Law. It begins with a discussion of Stuntz's views about the political economy of overcriminalization, the pathology of overbroad and “overdeep” criminal laws, and how to return to the rule of law. It then examines the principal-agent problem in criminal law and asks whether more constitutional law is better. The chapter includes comments by some of the nation's top legal scholars from the field of criminal law, tackling topics such as criminal codes, the role of history and sociology in punitive pathology, the political economy of prosecutorial indiscretion, and prosecutor elections and overdepth in criminal codes.Less
This chapter presents an authoritative overview of the political economy of criminal law and procedure, with particular emphasis on Bill Stuntz's critique of the modern American criminal justice system in his paper The Pathological Politics of Criminal Law. It begins with a discussion of Stuntz's views about the political economy of overcriminalization, the pathology of overbroad and “overdeep” criminal laws, and how to return to the rule of law. It then examines the principal-agent problem in criminal law and asks whether more constitutional law is better. The chapter includes comments by some of the nation's top legal scholars from the field of criminal law, tackling topics such as criminal codes, the role of history and sociology in punitive pathology, the political economy of prosecutorial indiscretion, and prosecutor elections and overdepth in criminal codes.
Joel Feinberg
- Published in print:
- 2003
- Published Online:
- November 2003
- ISBN:
- 9780195155266
- eISBN:
- 9780199833177
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195155262.003.0005
- Subject:
- Philosophy, General
This article takes up the issue of governmental subsidies of the arts, an issue that parallels an examination of governmental restraints on liberty in The Moral Limits of the Criminal Law. In the ...
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This article takes up the issue of governmental subsidies of the arts, an issue that parallels an examination of governmental restraints on liberty in The Moral Limits of the Criminal Law. In the present article, after considering the limited support offered by considerations like rotational justice, it is argued that supporting the arts in part through government funds derived from mandatory taxation is justified on the grounds that it is good to create, maintain, and preserve things of high intrinsic value even when they do not generate benefits. This position is based upon a rejection of the ancient claim that all worthwhile things produce benefits either directly or indirectly for everyone.Less
This article takes up the issue of governmental subsidies of the arts, an issue that parallels an examination of governmental restraints on liberty in The Moral Limits of the Criminal Law. In the present article, after considering the limited support offered by considerations like rotational justice, it is argued that supporting the arts in part through government funds derived from mandatory taxation is justified on the grounds that it is good to create, maintain, and preserve things of high intrinsic value even when they do not generate benefits. This position is based upon a rejection of the ancient claim that all worthwhile things produce benefits either directly or indirectly for everyone.
James Owen
- Published in print:
- 2014
- Published Online:
- September 2014
- ISBN:
- 9781846319440
- eISBN:
- 9781781387207
- Item type:
- chapter
- Publisher:
- Liverpool University Press
- DOI:
- 10.5949/liverpool/9781846319440.003.0002
- Subject:
- History, British and Irish Modern History
This chapter, by examining both parliamentary and local elections between 1868 and 1876, demonstrates how working-class candidates could adapt their attitude towards local Liberalism depending on the ...
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This chapter, by examining both parliamentary and local elections between 1868 and 1876, demonstrates how working-class candidates could adapt their attitude towards local Liberalism depending on the electoral and organisational context. The ways in which labour used language during these elections, both in the press and when would-be politicians spoke directly to the electorate, to construct its identity in relation to the Liberal party are analysed. The extent to which the failure of working-class candidatesstanding for the Reform League at the 1868 general election prompted labour leaders to reassess their identity in relation to official Liberalism is considered, paying particular attention to the formation of the Labour Representation League. The League's response to the Criminal Law Amendment Act and its strategy at the 1874 general election are analysed in detail, along with a consideration of the ways in which local Liberal associations disabled their candidatures. Key labour figures considered include George Howell and George Odger. The final part of the chapter examines how labour and organised Liberalism interacted during municipal and school board elections.Less
This chapter, by examining both parliamentary and local elections between 1868 and 1876, demonstrates how working-class candidates could adapt their attitude towards local Liberalism depending on the electoral and organisational context. The ways in which labour used language during these elections, both in the press and when would-be politicians spoke directly to the electorate, to construct its identity in relation to the Liberal party are analysed. The extent to which the failure of working-class candidatesstanding for the Reform League at the 1868 general election prompted labour leaders to reassess their identity in relation to official Liberalism is considered, paying particular attention to the formation of the Labour Representation League. The League's response to the Criminal Law Amendment Act and its strategy at the 1874 general election are analysed in detail, along with a consideration of the ways in which local Liberal associations disabled their candidatures. Key labour figures considered include George Howell and George Odger. The final part of the chapter examines how labour and organised Liberalism interacted during municipal and school board elections.
Alon Harel
- Published in print:
- 2014
- Published Online:
- November 2014
- ISBN:
- 9780199673612
- eISBN:
- 9780191751745
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199673612.003.0016
- Subject:
- Law, Criminal Law and Criminology, Legal History
This chapter explores the contributions of Gary Becker to criminal law and points out its limitations. In Becker’s view, crime ought to be understood as a rational behavior on the part of criminals ...
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This chapter explores the contributions of Gary Becker to criminal law and points out its limitations. In Becker’s view, crime ought to be understood as a rational behavior on the part of criminals which is triggered by calculating costs and benefits. Criminal law is a method for crime control; it is a service provided by the government and its provision ought to be efficient. Efficiency dictates that criminal law and criminal law enforcement policy ought to minimize the social costs of crime. The chapter explores the intellectual development of the economic paradigm represented by Becker, presents his main claims, and, last, examines some of the critiques directed against it. The chapter concludes by identifying the reasons for the failure of the economic approach to criminal law to influence the doctrine of criminal law. It establishes that some of the economic premises conflict sharply with the traditional ethos of criminal law.Less
This chapter explores the contributions of Gary Becker to criminal law and points out its limitations. In Becker’s view, crime ought to be understood as a rational behavior on the part of criminals which is triggered by calculating costs and benefits. Criminal law is a method for crime control; it is a service provided by the government and its provision ought to be efficient. Efficiency dictates that criminal law and criminal law enforcement policy ought to minimize the social costs of crime. The chapter explores the intellectual development of the economic paradigm represented by Becker, presents his main claims, and, last, examines some of the critiques directed against it. The chapter concludes by identifying the reasons for the failure of the economic approach to criminal law to influence the doctrine of criminal law. It establishes that some of the economic premises conflict sharply with the traditional ethos of criminal law.
Roger S. Clark
- Published in print:
- 2018
- Published Online:
- January 2018
- ISBN:
- 9780190272654
- eISBN:
- 9780190272685
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190272654.003.0001
- Subject:
- Law, Public International Law, Criminal Law and Criminology
The introduction by Roger Clark presents the early life of William Schabas, and some of the influences that must have shaped his career. It offers in Section II of this portrait some ruminations ...
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The introduction by Roger Clark presents the early life of William Schabas, and some of the influences that must have shaped his career. It offers in Section II of this portrait some ruminations about his thoughts and interests based on a reading of his 2012 book Unimaginable Atrocities: Justice, Politics and Rights at the War Crimes Tribunals. This work is a set of reflections about many of his academic journeys, a kind of memoir but without the normal chronological trappings and personal puffery of the genre. It is perhaps the most opinionated of his oeuvre. It paints with a broader brush than much of his work. It is also this book that has the least trappings of scholarship, that is to say it lacks the copious footnotes that are his normal hallmark.Less
The introduction by Roger Clark presents the early life of William Schabas, and some of the influences that must have shaped his career. It offers in Section II of this portrait some ruminations about his thoughts and interests based on a reading of his 2012 book Unimaginable Atrocities: Justice, Politics and Rights at the War Crimes Tribunals. This work is a set of reflections about many of his academic journeys, a kind of memoir but without the normal chronological trappings and personal puffery of the genre. It is perhaps the most opinionated of his oeuvre. It paints with a broader brush than much of his work. It is also this book that has the least trappings of scholarship, that is to say it lacks the copious footnotes that are his normal hallmark.
James E K Parker
- Published in print:
- 2015
- Published Online:
- November 2015
- ISBN:
- 9780198735809
- eISBN:
- 9780191799778
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198735809.003.0003
- Subject:
- Law, Public International Law, Philosophy of Law
This chapter introduces the Bikindi case in detail, along with some necessary context. Having offered a brief overview of the Rwandan genocide, it summarizes the history and structure of the ...
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This chapter introduces the Bikindi case in detail, along with some necessary context. Having offered a brief overview of the Rwandan genocide, it summarizes the history and structure of the International Criminal Tribunal for Rwanda before outlining the specifics of the charges against Bikindi, the three songs at the centre of his trial and the judgments eventually rendered. The chapter then addresses the response to the Bikindi case in the legal literature, in musicology, and in the media. This response, it is suggested, is symptomatic of the deafness of so much contemporary juridical thought. Finally, the chapter details the archival materials on which the study is based, along with the method brought to bear on them.Less
This chapter introduces the Bikindi case in detail, along with some necessary context. Having offered a brief overview of the Rwandan genocide, it summarizes the history and structure of the International Criminal Tribunal for Rwanda before outlining the specifics of the charges against Bikindi, the three songs at the centre of his trial and the judgments eventually rendered. The chapter then addresses the response to the Bikindi case in the legal literature, in musicology, and in the media. This response, it is suggested, is symptomatic of the deafness of so much contemporary juridical thought. Finally, the chapter details the archival materials on which the study is based, along with the method brought to bear on them.
Antônio Augusto and Cançado Trindade
- Published in print:
- 2018
- Published Online:
- November 2018
- ISBN:
- 9780190923846
- eISBN:
- 9780190923860
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190923846.003.0009
- Subject:
- Law, Public International Law
More recently, jurisprudential cross-fertilization has kept on being pursued in particular by international human rights tribunals and international criminal tribunals. This is reassuring, as, ...
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More recently, jurisprudential cross-fertilization has kept on being pursued in particular by international human rights tribunals and international criminal tribunals. This is reassuring, as, despite their distinct jurisdictions, their work is complementary, in their common mission of imparting justice, in distinct domains of international law. Jurisprudential cross-fertilization fosters cohesion and the unity of law. Particularly attention is currently devoted to the preservation of the legacy of the ad hoc international criminal tribunals.Less
More recently, jurisprudential cross-fertilization has kept on being pursued in particular by international human rights tribunals and international criminal tribunals. This is reassuring, as, despite their distinct jurisdictions, their work is complementary, in their common mission of imparting justice, in distinct domains of international law. Jurisprudential cross-fertilization fosters cohesion and the unity of law. Particularly attention is currently devoted to the preservation of the legacy of the ad hoc international criminal tribunals.
Jiahong He
- Published in print:
- 2016
- Published Online:
- November 2016
- ISBN:
- 9780824856618
- eISBN:
- 9780824868703
- Item type:
- chapter
- Publisher:
- University of Hawai'i Press
- DOI:
- 10.21313/hawaii/9780824856618.003.0011
- Subject:
- Society and Culture, Asian Studies
In another case of “back from the dead,” She Xianglin was convicted of murdering his wife in 1994 and sentenced to death, though this sentence was later commuted to fifteen years' imprisonment. In ...
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In another case of “back from the dead,” She Xianglin was convicted of murdering his wife in 1994 and sentenced to death, though this sentence was later commuted to fifteen years' imprisonment. In 2005, She Xianglin's wife, presumed dead for over eleven years, reappeared and She Xianglin was soon released from prison, retried, and found not guilty. This chapter examines the presumption of innocence, the standard of proof used in criminal trials, and the dilemma of wrongful conviction versus wrongful acquittal, and the role these concepts play in Chinese criminal justice.Less
In another case of “back from the dead,” She Xianglin was convicted of murdering his wife in 1994 and sentenced to death, though this sentence was later commuted to fifteen years' imprisonment. In 2005, She Xianglin's wife, presumed dead for over eleven years, reappeared and She Xianglin was soon released from prison, retried, and found not guilty. This chapter examines the presumption of innocence, the standard of proof used in criminal trials, and the dilemma of wrongful conviction versus wrongful acquittal, and the role these concepts play in Chinese criminal justice.
Michele Pifferi
- Published in print:
- 2016
- Published Online:
- August 2016
- ISBN:
- 9780198743217
- eISBN:
- 9780191803079
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198743217.003.0003
- Subject:
- Law, Criminal Law and Criminology
The chapter examines the causes of the formation of two different penological identities in Europe and the United States and their characteristics, focusing on the distinction between US pragmatism ...
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The chapter examines the causes of the formation of two different penological identities in Europe and the United States and their characteristics, focusing on the distinction between US pragmatism and European doctrinarism. It analyses the foundation of the International Union of Penal Law, the American Institute of Criminal Law and Criminology, the International Prison and Penitentiary Congresses, and other congresses and publications to show how the peno-criminological reform movement was driven by a renewed interest in legal comparison. The chapter also investigates how penal reformers and criminologists such as Liszt, Saleilles, Cuche, Pound, Ferri, and other adherents to the Italian Positivist School made a different use of legal history to uphold and legitimize their new proposals.Less
The chapter examines the causes of the formation of two different penological identities in Europe and the United States and their characteristics, focusing on the distinction between US pragmatism and European doctrinarism. It analyses the foundation of the International Union of Penal Law, the American Institute of Criminal Law and Criminology, the International Prison and Penitentiary Congresses, and other congresses and publications to show how the peno-criminological reform movement was driven by a renewed interest in legal comparison. The chapter also investigates how penal reformers and criminologists such as Liszt, Saleilles, Cuche, Pound, Ferri, and other adherents to the Italian Positivist School made a different use of legal history to uphold and legitimize their new proposals.
