Keith Smith
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199239757
- eISBN:
- 9780191705151
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199239757.003.0007
- Subject:
- Law, Legal History
This chapter discusses the general principles of criminal law. It considers common fault concepts together with the substance and structure of general defences. Criminal fault represents the most ...
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This chapter discusses the general principles of criminal law. It considers common fault concepts together with the substance and structure of general defences. Criminal fault represents the most distinctive and varied incriminatory component of liability; and, broadly, the exculpatory mechanisms of defences represent the other side of the conceptual coin. A second dimension of general principles embraces auxiliary or complementary forms of criminal liability, spanning and operating alongside specific offences; the most significant of these are inchoate liability (incitement, conspiracy, and attempt), and complicity or secondary liability. To a greater or lesser degree, all of these areas of ‘general principles’ underwent significant development in the 19th century.Less
This chapter discusses the general principles of criminal law. It considers common fault concepts together with the substance and structure of general defences. Criminal fault represents the most distinctive and varied incriminatory component of liability; and, broadly, the exculpatory mechanisms of defences represent the other side of the conceptual coin. A second dimension of general principles embraces auxiliary or complementary forms of criminal liability, spanning and operating alongside specific offences; the most significant of these are inchoate liability (incitement, conspiracy, and attempt), and complicity or secondary liability. To a greater or lesser degree, all of these areas of ‘general principles’ underwent significant development in the 19th century.
Leonard V. Kaplan
- Published in print:
- 2006
- Published Online:
- August 2013
- ISBN:
- 9780262162371
- eISBN:
- 9780262281690
- Item type:
- chapter
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262162371.003.0015
- Subject:
- Neuroscience, Behavioral Neuroscience
This chapter examines whether consciousness causes or does not cause behavior in the context of the Western legal system. It considers the challenges presented by the new neuroscience literature for ...
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This chapter examines whether consciousness causes or does not cause behavior in the context of the Western legal system. It considers the challenges presented by the new neuroscience literature for criminal jurisprudence, including the possibility that the claims of neuroscience will have an impact beyond what it purports to prove. For example, defense lawyers may try to use on behalf of their clients any findings of the new brain research that negate or diminish the attribution of criminal responsibility. The chapter looks at models of attributing criminal fault, whether existing theoretical models are so effective that a change in models of fault attribution would represent bad policy or social consequence, and why neuroscience poses a social threat. It analyzes the epiphenomenality of consciousness and legal excusing conditions, classical philosophy and responsibility, theological notions of responsibility and free will, and intent as an element of criminal fault. The chapter concludes with a discussion of Benjamin Libet’s views on moral and legal consciousness.Less
This chapter examines whether consciousness causes or does not cause behavior in the context of the Western legal system. It considers the challenges presented by the new neuroscience literature for criminal jurisprudence, including the possibility that the claims of neuroscience will have an impact beyond what it purports to prove. For example, defense lawyers may try to use on behalf of their clients any findings of the new brain research that negate or diminish the attribution of criminal responsibility. The chapter looks at models of attributing criminal fault, whether existing theoretical models are so effective that a change in models of fault attribution would represent bad policy or social consequence, and why neuroscience poses a social threat. It analyzes the epiphenomenality of consciousness and legal excusing conditions, classical philosophy and responsibility, theological notions of responsibility and free will, and intent as an element of criminal fault. The chapter concludes with a discussion of Benjamin Libet’s views on moral and legal consciousness.
Robert Baldwin, Martin Cave, and Martin Lodge
- Published in print:
- 2011
- Published Online:
- April 2015
- ISBN:
- 9780199576081
- eISBN:
- 9780191806698
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:osobl/9780199576081.003.0011
- Subject:
- Business and Management, Political Economy
This chapter explores the main challenges involved in the enforcement of regulation. Using the DREAM framework (Detecting, Responding, Enforcing, Assessing, Modifying), it discusses the ...
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This chapter explores the main challenges involved in the enforcement of regulation. Using the DREAM framework (Detecting, Responding, Enforcing, Assessing, Modifying), it discusses the identification of non-compliant and undesirable behaviour; the development of policies, rules, and tools to deal with the problems discovered; the application of policies, rules, and tools on the ground; measurement of success or failure in enforcement activities; and adjustment of tools and strategies in order to improve compliance and address problematic behaviour. It also examines issues arising from regulation of errant corporations, including the sanctions that can be used to influence such firms, the extent of corporate criminal fault, and the difficulties of proving liability.Less
This chapter explores the main challenges involved in the enforcement of regulation. Using the DREAM framework (Detecting, Responding, Enforcing, Assessing, Modifying), it discusses the identification of non-compliant and undesirable behaviour; the development of policies, rules, and tools to deal with the problems discovered; the application of policies, rules, and tools on the ground; measurement of success or failure in enforcement activities; and adjustment of tools and strategies in order to improve compliance and address problematic behaviour. It also examines issues arising from regulation of errant corporations, including the sanctions that can be used to influence such firms, the extent of corporate criminal fault, and the difficulties of proving liability.
