Criminalising Harmful Conduct

Author : Nina Persak
Publisher : Springer Science & Business Media
ISBN 13 : 0387464042
Total Pages : 160 pages
Book Rating : 4.46/5 ( download)

DOWNLOAD NOW!

Download or read book Criminalising Harmful Conduct written by Nina Persak and published by Springer Science & Business Media. This book was released on 2007-06-04 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the issue of legitimate criminalization in a modern, liberal society. It argues that criminalization should be limited by normative principles, defining the substance of what can be legitimately proscribed. Coverage provides a comparative study between two major criminal legal systems and its theories: the Anglo-American, on one side, and the Continental criminal legal system of Germanic legal circle, on the other.

Author : A P Simester
Publisher : Bloomsbury Publishing
ISBN 13 : 1847316573
Total Pages : 258 pages
Book Rating : 4.78/5 ( download)

DOWNLOAD NOW!

Download or read book Crimes, Harms, and Wrongs written by A P Simester and published by Bloomsbury Publishing. This book was released on 2011-06-24 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: When should we make use of the criminal law? Crimes, Harms, and Wrongs offers a philosophical analysis of the nature and ethical limits of criminalisation. The authors explore the scope of harm-based prohibitions, proscriptions of offensive behaviour, and 'paternalistic' prohibitions aimed at preventing self-harm, developing guiding principles for these various grounds of state prohibition. Both authors have written extensively in the field. They have produced an integrated, accessible, philosophically-sophisticated account that will be of great interest to legal academics, philosophers, and advanced students alike. 'this elegant, closely argued and convincing book is of great value and can be expected to be of lasting influence.' James Chalmers 'Crimes, Harms, and Wrongs . . . is a welcome addition to this field, and should clarify the reader's thinking on a breathtakingly broad range of issues. . . . This is an important book, and [its] consideration of not only Anglo-American theory and law, but also German legal doctrines and writings on criminalisation, should ensure that this debate reaches new heights in the future.' Findlay Stark 'the result of [the authors'] many decades of thought and writing on this fundamental subject is an integrated, accessible, philosophically sophisticated discussion of this subject.' Justice Gilles Renaud 'A.P. Simester and Andreas von Hirsch present an informed and systematic account of the principles that, in their view, should structure decisions about what to criminalize, and when.' Vincent Chiao 'an outstanding work, original in many respects and meticulous in its arguments. It represents the greatest advance on this subject since Feinberg's four volumes . . . an outstanding contribution to the re-invigorated criminalization debate.' Andrew Ashworth 'important, original, interesting, and often ingenious. Unlike some recent competitive books it has the virtue of making sound arguments. And like everything else the authors have written, it is a joy to read ...This is an absolutely wonderful book.' Douglas Husak

Author : Nina Persak
Publisher : Routledge Studies in Crime and Society
ISBN 13 : 9781138499461
Total Pages : 179 pages
Book Rating : 4.63/5 ( download)

DOWNLOAD NOW!

Download or read book Regulation and Social Control of Incivilities written by Nina Persak and published by Routledge Studies in Crime and Society. This book was released on 2018-02-06 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt: The increasing trend and prevalence of incivilities-targeting punitive regulatory measures across Europe raises important issues regarding the legitimacy, effectiveness and impact of such formal social control. Regulation and Social Control of Incivilities addresses the pertinent issues of current punitive regulation and the social control of incivilities, their trends, criminological explanations, political, spatial, cultural, representational and policing dimensions as well as the underlying behaviour it targets. Part I explores issues surrounding the regulation of incivilities, drawing examples from several European countries including Spain, Italy, Great Britain, Belgium, Slovenia and Hungary. It inspects the legal form and content of the prohibition of incivilities and the social factors that can help explain it, as well as the effectiveness and societal impact of various anti-nuisance measures. Part II focuses on social control and the representation of incivilities, including the construction and control of public nuisance in Belgium, the spatial and cultural aspects of incivilities and of law enforcement against them, the media representations of incivilities in the British and Flemish press, and the intersections between migration and control of incivilities when policing in the Netherlands. This book brings together international scholars to examine the ways in which understudied European countries approach the issue of anti-social behaviour. This multidisciplinary text will be of interest to students, scholars and policymakers concerned with issues of social control, incivilities and criminalisation.

Author : Joel Feinberg
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 296 pages
Book Rating : 4.39/5 ( download)

DOWNLOAD NOW!

Download or read book The Moral Limits of the Criminal Law: Harm to others written by Joel Feinberg and published by Oxford University Press, USA. This book was released on 1984 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: These four volumes address the question of the kinds of conduct may the state make criminal without infringing on the moral autonomy of individual citizens.

Author : Kai Ambos
Publisher : Cambridge University Press
ISBN 13 : 1108483399
Total Pages : 507 pages
Book Rating : 4.91/5 ( download)

DOWNLOAD NOW!

Download or read book Core Concepts in Criminal Law and Criminal Justice written by Kai Ambos and published by Cambridge University Press. This book was released on 2020-01-16 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.

Author : R A Duff
Publisher : Bloomsbury Publishing
ISBN 13 : 1847317170
Total Pages : 342 pages
Book Rating : 4.79/5 ( download)

DOWNLOAD NOW!

Download or read book Answering for Crime written by R A Duff and published by Bloomsbury Publishing. This book was released on 2007-11-16 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this long-awaited book, Antony Duff offers a new perspective on the structures of criminal law and criminal liability. His starting point is a distinction between responsibility (understood as answerability) and liability, and a conception of responsibility as relational and practice-based. This focus on responsibility, as a matter of being answerable to those who have the standing to call one to account, throws new light on a range of questions in criminal law theory: on the question of criminalisation, which can now be cast as the question of what we should have to answer for, and to whom, under the threat of criminal conviction and punishment; on questions about the criminal trial, as a process through which defendants are called to answer, and about the conditions (bars to trial) given which a trial would be illegitimate; on questions about the structure of offences, the distinction between offences and defences, and the phenomena of strict liability and strict responsibility; and on questions about the structures of criminal defences. The net result is not a theory of criminal law; but it is an account of the structure of criminal law as an institution through which a liberal polity defines a realm of public wrongdoing, and calls those who perpetrate (or are accused of perpetrating) such wrongs to account.

Author : Joel Feinberg
Publisher :
ISBN 13 : 9780199868728
Total Pages : 269 pages
Book Rating : 4.27/5 ( download)

DOWNLOAD NOW!

Download or read book Moral Limits of the Criminal Law written by Joel Feinberg and published by . This book was released on 1984 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the 'harm principle', the common-sense view that prevention of harm to persons other than the perpetrator is a legitimate purpose of criminal legislation.

Author : Iwona Seredyńska
Publisher : Springer Science & Business Media
ISBN 13 : 3642228577
Total Pages : 289 pages
Book Rating : 4.75/5 ( download)

DOWNLOAD NOW!

Download or read book Insider Dealing and Criminal Law written by Iwona Seredyńska and published by Springer Science & Business Media. This book was released on 2011-11-03 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work is a multidisciplinary analysis of the issue of insider dealing from the perspective of the applicability of criminal law to regulate it. First, it examines the nature of its prohibition in the European Union and in the United States of America. The text includes a more extensive overview of prohibition in four Member States of the European Union (France, the United Kingdom, Luxembourg and Poland). Then, it summarises the arguments presented by ethicists and economists in favour of and against insider dealing. Further, it analyses the foundations of criminal law and justifications that are given for its application. On the basis of this analysis, it presents a new two-step theory of criminalisation. The first step is based on a liberal theory of wrongfulness that makes reference to protection of the basic human rights. The second step relies on classical but often forgotten principles of criminal law. Finally, it examines possible alternatives to criminal rules.

Author : Marilyn McMahon
Publisher : Springer Nature
ISBN 13 : 9811506531
Total Pages : 265 pages
Book Rating : 4.36/5 ( download)

DOWNLOAD NOW!

Download or read book Criminalising Coercive Control written by Marilyn McMahon and published by Springer Nature. This book was released on 2020-02-28 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers whether coercive control (particularly non-physical forms of family violence) should be prohibited by the criminal law. Based on the premise that traditional understandings of family violence are severely limited, it considers whether the core of family violence is power-based controlling or coercive behavior: attempts by men to psychologically dominate their partners. Such behavior can cause significant psychological, physical and economic harms to victims and is increasingly recognized as a form of human rights abuse. The book considers the new offences that have been introduced in England and Wales (controlling or coercive behavior), Ireland (controlling behavior) and Scotland (domestic abuse). It invites consideration of three key questions: Do conventional criminal laws adequately regulate non-physical abuse? Is the criminal law an appropriate mechanism for responding to the coercive control of family members? And if a new and distinctive offence is warranted, what is the optimal form of that offence? This ground-breaking work is essential reading for researchers and practitioners interested in coercive control and the proper role of the criminal law as a mechanism for regulating family violence.

Author : A P Simester
Publisher : Bloomsbury Publishing
ISBN 13 : 1782254552
Total Pages : 408 pages
Book Rating : 4.53/5 ( download)

DOWNLOAD NOW!

Download or read book Liberal Criminal Theory written by A P Simester and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book celebrates Andreas (Andrew) von Hirsch's pioneering contributions to liberal criminal theory. He is particularly noted for reinvigorating desert-based theories of punishment, for his development of principled normative constraints on the enactment of criminal laws, and for helping to bridge the gap between Anglo-American and German criminal law scholarship. Underpinning his work is a deep commitment to a liberal vision of the state. This collection brings together a distinguished group of international authors, who pay tribute to von Hirsch by engaging with topics on which he himself has focused. The essays range across sentencing theory, questions of criminalisation, and the relation between criminal law and the authority of the state. Together, they articulate and defend the ideal of a liberal criminal justice system, and present a fitting accolade to Andreas von Hirsch's scholarly life.