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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


Just Prevention: Preventive Rationales and the Limits of the Criminal Law

Andrew Ashworth and Lucia Zedner

in Philosophical Foundations of Criminal Law

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199559152
eISBN:
9780191725265
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199559152.003.0013
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter examines the ways in which the law criminalizes the creation of risks of harm, and offers a catalogue of various kinds of criminal offence that are primarily concerned with preventing ... More


The Distinctiveness of Domestic Abuse: A Freedom-Based Account

Victor Tadros

in Defining Crimes: Essays on The Special Part of the Criminal Law

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199269228
eISBN:
9780191710100
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199269228.003.0006
Subject:
Law, Criminal Law and Criminology

This chapter discusses whether domestic abuse ought to be recognized in the criminal law through the creation of a distinct offence. It constructs some general thoughts about the project of ... More


Criminal Law and Procedure

Stephen Zamora, José RamlÓN CossÍO, Lenone Pereznieto, José Roldá n-Xopa, and David Lopez

in Mexican Law

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199288489
eISBN:
9780191700514
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199288489.003.0011
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on criminal law and procedure in Mexico. It begins by examining the historical background and sources of criminal law, and this is followed by a discussion on judicial precedent ... More


The Right to be Presumed Innocent

Stefan Trechsel

in Human Rights in Criminal Proceedings

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199271207
eISBN:
9780191709623
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271207.003.0007
Subject:
Law, Human Rights and Immigration, Criminal Law and Criminology

The right to be presumed innocent is spelled out in the International Covenant on Civil and Political Rights (ICCPR), the European Convention on Human Rights (ECHR), and the American Convention on ... More


Criminal Offences

Graham Virgo

in The Principles of the Law of Restitution

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199298501
eISBN:
9780191713613
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199298501.003.0019
Subject:
Law, Law of Obligations

When an offender has committed a criminal offence, the law of restitution may be relevant in two ways. First, the offender may have received a benefit as a result of the commission of the crime, so ... More


On the General Part in Criminal Law

A. P. SIMESTER and STEPHEN SHUTE

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/9780199243495.003.0001
Subject:
Law, Criminal Law and Criminology

Doctrines of criminalisation, such as the harm principle, rightly belong in the general part of the criminal law. The main reason why this truth may seem odd is that the general part is often thought ... More


Knowledge, Belief, and Culpability

G. R. SULLIVAN

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/9780199243495.003.0009
Subject:
Law, Criminal Law and Criminology

Knowledge and belief play an important role in determining the culpability of defendants. A criminal offence may explicitly require proof of knowledge or may be interpreted to require such proof. ... More


The Roots of Collective Action

William Cornish

in The Oxford History of the Laws of England: Volume XIII: 1820–1914 Fields of Development

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199239757
eISBN:
9780191705151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199239757.003.0021
Subject:
Law, Legal History

This chapter on the roots of collective action in the 19th century begins with a discussion of the condition of labour. It then discusses the development of criminal offences relating to ... More


Democratic Limits to Preventive Criminal Law

Peter Ramsay

in Prevention and the Limits of the Criminal Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199656769
eISBN:
9780191748073
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199656769.003.0012
Subject:
Law, Criminal Law and Criminology

This chapter makes a tentative sketch of a democratic theory of the limits of criminal law by setting out critical aspects of truly democratic government and suggesting why pre-inchoate criminal ... More


The Protection Against Double Jeopardy

Stefan Trechsel

in Human Rights in Criminal Proceedings

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199271207
eISBN:
9780191709623
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271207.003.0016
Subject:
Law, Human Rights and Immigration, Criminal Law and Criminology

The guarantee of protection against double jeopardy in criminal proceedings is rather complex. This chapter compares the texts of the different normative instruments and discusses the development of ... More


Protection of Wild Animals, Birds, and Plants

Christopher P. Rodgers

in The Law of Nature Conservation

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199543137
eISBN:
9780191747120
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199543137.003.0005
Subject:
Law, Environmental and Energy Law

This chapter discusses the protection of wild animals, plants, and birds under the Wildlife and Countryside Act 1981 and other species protection provisions, including the Protection of Badgers Act ... More


The Ontological Problem of ‘Risk’ and ‘Endangerment’ in Criminal Law

Peter Westen

in Philosophical Foundations of Criminal Law

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199559152
eISBN:
9780191725265
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199559152.003.0014
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter focuses on offences that punish offenders who engage in risky behaviour that never in fact causes any harm. It argues that the problem of punishing actors for risks that in some sense do ... More


Introducing the District Court

Kate Waterhouse

in Ireland's District Court: Language, immigration and consequences for justice

Published in print:
2014
Published Online:
January 2015
ISBN:
9780719095276
eISBN:
9781781707548
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719095276.003.0002
Subject:
Sociology, Law, Crime and Deviance

Chapter 1 introduces the Irish District Court as the lowest yet busiest court in the ordinary courts system, examining the type of crime it deals with and the extent of its criminal jurisdiction in ... More


The Right to Appeal

Stefan Trechsel

in Human Rights in Criminal Proceedings

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199271207
eISBN:
9780191709623
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271207.003.0014
Subject:
Law, Human Rights and Immigration, Criminal Law and Criminology

The scope of the guarantee with respect to the right to appeal as part of criminal proceedings differs in the texts of the International Covenant on Civil and Political Rights (ICCPR), the European ... More


Criminal Offences

Graham Virgo

in The Principles of the Law of Restitution

Published in print:
2015
Published Online:
September 2015
ISBN:
9780198726388
eISBN:
9780191793271
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198726388.003.0020
Subject:
Law, Law of Obligations, Company and Commercial Law

This chapter examines how the law of restitution applies to criminal offences, that is, in preventing the offender from obtaining a benefit as a result of the commission of the crime. It discusses ... More


Setting the Problem: Liberal Criminal Law and the Preventive Turn

Henrique Carvalho

in The Preventive Turn in Criminal Law

Published in print:
2017
Published Online:
June 2017
ISBN:
9780198737858
eISBN:
9780191801501
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198737858.003.0001
Subject:
Law, Criminal Law and Criminology, Constitutional and Administrative Law

This introductory chapter presents the context of the preventive turn, looking at how recent changes and transformations to the framework of criminal law and criminal liability have been represented ... More


The Right to Compensation for Wrongful Conviction

Stefan Trechsel

in Human Rights in Criminal Proceedings

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199271207
eISBN:
9780191709623
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271207.003.0015
Subject:
Law, Human Rights and Immigration, Criminal Law and Criminology

When it comes to the accused's right to compensation for wrongful conviction in criminal proceedings, the European Convention on Human Rights (ECHR) puts the words ‘or he has been pardoned’ between ... More


The Preventive Turn: An Ambivalent Law in an Insecure World

Henrique Carvalho

in The Preventive Turn in Criminal Law

Published in print:
2017
Published Online:
June 2017
ISBN:
9780198737858
eISBN:
9780191801501
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198737858.003.0007
Subject:
Law, Criminal Law and Criminology, Constitutional and Administrative Law

This concluding chapter applies the theoretical framework developed throughout the book to the contemporary framework of criminal law. It traces the ambivalence of criminal subjectivity through the ... More


Unfitness to Plead in England and Wales: A Practitioner’s View of a Plea in Evolution

Rudi Fortson

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/9780198788478.003.0003
Subject:
Law, Comparative Law

This chapter examines the legal and practical issues encountered by practitioners when dealing with unfitness to plead litigation. As the Law Commission for England and Wales has pointed out, ... More


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