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Genetics, Neuroscience, and Criminal Responsibility

Nita A. Farahany and James E. Coleman, Jr.

in The Impact of Behavioral Sciences on Criminal Law

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195340525
eISBN:
9780199867219
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195340525.003.0007
Subject:
Law, Criminal Law and Criminology

This chapter discusses practitioners' attempts to use behavioral genetics and neuroscience in U.S. criminal law cases, and explores the relationship between behavioral genetics, neuroscience, and ... More


‘When the Kissing has to Stop’: Children, Sexual Behaviour, and the Criminal Law

Heather Keating

in Law and Childhood Studies: Current Legal Issues Volume 14

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199652501
eISBN:
9780191739217
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199652501.003.0017
Subject:
Law, Family Law, Human Rights and Immigration

There are, perhaps, few areas where our confused and conflicting constructions of childhood are brought into such profound tension as that concerning the law relating to consensual sexual behaviour ... More


Punishment and Responsibility: Essays in the Philosophy of Law

H.L.A. Hart

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199534777
eISBN:
9780191720703
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199534777.001.0001
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This classic collection of essays, first published in 1968, has had an enduring impact on academic and public debates about criminal responsibility and criminal punishment. Forty years on, its ... More


Addiction, Science, and Criminal Responsibility

Stephen J. Morse

in The Impact of Behavioral Sciences on Criminal Law

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195340525
eISBN:
9780199867219
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195340525.003.0008
Subject:
Law, Criminal Law and Criminology

This chapter has two simple underlying theses. The first is that it is impossible to understand the relation of any variable to criminal responsibility without having in place an account of criminal ... More


Criminal and Moral Responsibility and the Libet Experiments

Larry Alexander

in Conscious Will and Responsibility: A Tribute to Benjamin Libet

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195381641
eISBN:
9780199864911
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195381641.003.0018
Subject:
Psychology, Cognitive Psychology

This chapter analyzes how Libet's experiments bear on criminal and moral responsibility. More specifically, it addresses the question of whether Libet has demonstrated that the consciously willed ... More


Omission Liability at the International Criminal Tribunals—A Case for Reform

Gideon Boas

in Judicial Creativity at the International Criminal Tribunals

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199591466
eISBN:
9780191595585
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199591466.003.0010
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter looks at the development of aiding and abetting by omission as a form of individual criminal responsibility by the ad hoc Tribunals. In a critical analysis of the existing case law, it ... More


The Ad Hoc Tribunals and the Law of Command Responsibility: A Quiet Earthquake

Robert Cryer

in Judicial Creativity at the International Criminal Tribunals

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199591466
eISBN:
9780191595585
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199591466.003.0008
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter looks at the judicial development of the doctrine of command responsibility before the ad hoc Tribunals. It demonstrates that despite command responsibility having a firm basis as a form ... More


The Law of Command Responsibility

Guénaël Mettraux

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199559329
eISBN:
9780191705304
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199559329.001.0001
Subject:
Law, Criminal Law and Criminology, Public International Law

The book studies the law of command or superior responsibility under international law. Born in the aftermath of the Second World War, the doctrine of superior responsibility provides that a military ... More


The relationship between individual criminal responsibility and state responsibility in the terrorism context

Kimberley N. Trapp

in State Responsibility for International Terrorism

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199592999
eISBN:
9780191729102
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592999.003.0006
Subject:
Law, Public International Law, Criminal Law and Criminology

Chapter 6 explores the different facets of the relationship between individual criminal responsibility and State responsibility in the terrorism context. In particular, it assesses the way in which ... More


Responsibility for the Criminal Law

Alice Ristroph

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/9780199559152.003.0006
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter argues that criminal law theory has been too narrowly focused on the responsibility of the offender for his criminal acts, and seeks to show how other key players in the system — ... More


Forms of Criminal Responsibility

Elies van Sliedregt

in Individual Criminal Responsibility in International Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199560363
eISBN:
9780191738623
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199560363.003.0006
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter discusses forms of criminal responsibility from a comparative and international perspective. They include direct and indirect perpetration, co-perpetration, instigation — including ... More


The Triadic Relational Structure of Responsibility: A Defence

Alon Harel

in Crime, Punishment, and Responsibility: The Jurisprudence of Antony Duff

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199592814
eISBN:
9780191729034
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592814.003.0007
Subject:
Law, Criminal Law and Criminology

The central characteristic of responsibility as developed by Duff is the ‘triadic relational concept’ consisting of a relation between an agent A who is responsible for something X to somebody S and ... More


Collective Criminality, Individual Responsibility

Elies van Sliedregt

in Individual Criminal Responsibility in International Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199560363
eISBN:
9780191738623
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199560363.003.0002
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter begins with a discussion of the concept of individual criminal responsibility covering developments in municipal criminal law and international criminal responsibility. It then discusses ... More


‘Don't go to murder my character’: criminal responsibility in the age of Moll Flanders

Nicola Lacey

in Women, Crime, and Character: From Moll Flanders to Tess of the D'Urbervilles

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199544363
eISBN:
9780191720185
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199544363.003.0001
Subject:
Law, Criminal Law and Criminology, Legal History

The demise of Moll Flanders and her supersession in the annals of literary female criminality with less powerful figures like Tess of the D'Urbervilles is set up as a framework for unravelling a ... More


Judicial Creativity and Joint Criminal Enterprise

Mohamed Shahabuddeen

in Judicial Creativity at the International Criminal Tribunals

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199591466
eISBN:
9780191595585
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199591466.003.0009
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter examines the theory of joint criminal enterprise as a form of criminal liability before the ad hoc Tribunals. It provides a comparative analysis of the competing doctrines of joint ... More


Superior Responsibility *

Elies van Sliedregt

in Individual Criminal Responsibility in International Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199560363
eISBN:
9780191738623
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199560363.003.0008
Subject:
Law, Public International Law, Criminal Law and Criminology

The concept of superior responsibility has been developed and critically discussed since the Second World War. It owes much of its recent development to the ad hoc tribunals that have relied on the ... More


Manifest Madness: Mental Incapacity in the Criminal Law

Arlie Loughnan

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199698592
eISBN:
9780191738883
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698592.001.0001
Subject:
Law, Criminal Law and Criminology

Whether it is a question of the age below which a child cannot be held liable for their actions, or the attribution of responsibility to defendants with mental illnesses, mental incapacity is a ... More


Philosophical Foundations of Criminal Law

R.A. Duff and Stuart Green (eds)

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199559152
eISBN:
9780191725265
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199559152.001.0001
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

The challenges facing criminal law are many. There are crises of over-criminalization and over-imprisonment; penal policy has become so politicized that it is difficult to find any clear consensus on ... More


Some Criminal Issues before the ICTY

Mohamed Shahabuddeen

in International Criminal Justice at the Yugoslav Tribunal: A Judge's Recollection

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199670826
eISBN:
9780191751523
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199670826.003.0005
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter discusses the following issues before the Criminal Tribunal for the former Yugoslavia (ICTY): jurisdiction over international crimes, international criminal responsibility, and the role ... More


Gender, ‘Madness’, and Crime: the Doctrine of Infanticide

Arlie Loughnan

in Manifest Madness: Mental Incapacity in the Criminal Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199698592
eISBN:
9780191738883
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698592.003.0008
Subject:
Law, Criminal Law and Criminology

This chapter takes up the issue of the relationship between gender, ‘madness’, and crime via an examination of the specific case of the infanticide doctrine. It suggests that a dense network of ... More


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