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Historical, International, and Other Influences

Michael Hirst

in Jurisdiction and the Ambit of the Criminal Law

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199245390
eISBN:
9780191715013
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199245390.003.0002
Subject:
Law, Criminal Law and Criminology

This chapter examines the origins of the rules that govern the ambit of English criminal law, and the factors that shaped them. It addresses the following questions: How and why did English criminal ... More


Criminal Law

JR Spencer

in The Judicial House of Lords 1876–2009:

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199532711
eISBN:
9780191705489
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199532711.003.0038
Subject:
Law, Legal History

This chapter evaluates the contribution of the House of Lords to the development of English criminal law. By this, it means substantive law: for reasons of space, and to avoid overlap with other ... More


The Limits of Territorial Jurisdiction

Michael Hirst

in Jurisdiction and the Ambit of the Criminal Law

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199245390
eISBN:
9780191715013
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199245390.003.0003
Subject:
Law, Criminal Law and Criminology

This chapter considers the territorial limits within which the operation of English law is primarily confined. Topics discussed include the territory over which the general body of English criminal ... More


Rethinking the Ambit of the Criminal Law

Michael Hirst

in Jurisdiction and the Ambit of the Criminal Law

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199245390
eISBN:
9780191715013
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199245390.003.0007
Subject:
Law, Criminal Law and Criminology

This chapter considers how the existing rules might be reformed. Some of the suggestions advanced are original, but it also considers (and in some cases adopts or incorporates) suggestions that have ... More


Perversions and Subversions of Criminal Law

RA Duff

in The Boundaries of the Criminal Law

Published in print:
2010
Published Online:
September 2011
ISBN:
9780199600557
eISBN:
9780191729171
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199600557.003.0004
Subject:
Law, Criminal Law and Criminology

This chapter is concerned with the clash between ideal theory and actual practice. It takes as its starting point three aspects of English criminal law that appear inconsistent with a plausible ... More


What Constitutes Criminal Law?

Nicola Lacey

in The Constitution of the Criminal Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199673872
eISBN:
9780191752032
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199673872.003.0002
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter addresses two familiar questions — what defines the specific object of criminal as opposed to civil law, and what legitimizes criminalization — from the perspective of the historical ... More


Michael Dalton

in Shaping the Common Law: From Glanvill to Hale, 1188-1688

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804757140
eISBN:
9780804779593
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804757140.003.0010
Subject:
Law, Legal History

This chapter focuses on Michael Dalton's The Countrey Justice, extrinsic merits of which make the case for its status as a classic work of legal literature. First, The Countrey Justice provides the ... More


Limited Liberty, Durable Patriarchy

Mark E. Kann

in Police and the Liberal State

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804759328
eISBN:
9780804779777
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804759328.003.0005
Subject:
Law, Criminal Law and Criminology

This chapter presents an account of the failure of American criminal law to rethink the patriarchal foundations of English criminal law in light of the liberal principles of the Revolution. Despite ... More


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