Author : Nina Persak
Publisher : Springer Science & Business Media
Page : 160 pages
File Size : 34,4 MB
Release : 2007-06-04
Category : Social Science
ISBN : 0387464042
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 : Paddy Hillyard
Publisher :
Page : 108 pages
File Size : 13,30 MB
Release : 2005
Category : Crime
ISBN :
Criminal obsessions is a critique of conventional criminological approaches to social issues. The contributors show how social harm relates to social and economic inequalities that are at the heart of the liberal state. This second edition of Criminal obsessions includes an additional essay by Simon Pemberton in which he develops theoretically the concept of social harm and discusses the future of the social harm perspective.
Author : J. Schonsheck
Publisher : Springer Science & Business Media
Page : 338 pages
File Size : 14,11 MB
Release : 2013-06-29
Category : Philosophy
ISBN : 9401581002
I begin by introducing the main issues of the work, and inviting their consideration; as enticement, I offer a sketch of their practical importance, and of the philosophical challenge they present. And I provide a preview of the work's organization and central argument. There is something so obvious that it is easily-and often-overlooked: the enforcing of criminal statutes is the most intrusive and coercive exercise of domestic power by a state. Forcibly preventing people from doing that which they wish to do, forcibly compelling people to do that which they do not wish to do-and wielding force merely attempting to compel or prevent-these state activities have extraordinarily serious ramifications. Indeed, no state institutions are likely to have more profound an impact on the lives of individual citizens than those of the criminal justice system. I endorse Herbert Packer's assessment: The criminal sanction is the law's ultimate threat. Being punished for a crime is different from being regulated in the public interest, or being forced to compensate another who has been injured by one's conduct, or being treated for a disease. The sanction is at once l uniquely coercive and, in the broadest sense, uniquely expensive. As a consequence, these state activities are in special need of moral warrant. Given the great potential for doing grave injustice, the power of the state embodied in the criminal justice system ought not be exercised in the absence of a complete and compelling moral justification.
Author : Kai Ambos
Publisher : Cambridge University Press
Page : 507 pages
File Size : 25,97 MB
Release : 2020-01-16
Category : Law
ISBN : 1108483399
A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.
Author : Marilyn McMahon
Publisher : Springer Nature
Page : 265 pages
File Size : 19,57 MB
Release : 2020-02-28
Category : Social Science
ISBN : 9811506531
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
Page : 238 pages
File Size : 33,3 MB
Release : 2011-06-24
Category : Law
ISBN : 1847317774
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 : Sheilagh Hodgins
Publisher : SAGE Publications, Incorporated
Page : 400 pages
File Size : 10,92 MB
Release : 1992-12-29
Category : Psychology
ISBN : 9780803950238
Contributors to this volume present and discuss new data which suggest that major mental disorder substantially increases the risk of violent crime. These findings come at a crucial time, since those who suffer from mental disorders are increasingly living in the community, rather than in institutions. The book describes the magnitude and complexity of the problem and offers hope that humane, effective intervention can prevent violent crime being committed by the seriously mentally disordered.
Author : Catherine Stanton
Publisher : Cambridge University Press
Page : 261 pages
File Size : 10,94 MB
Release : 2016-06-09
Category : Law
ISBN : 1107091829
A multidisciplinary and international examination of the developing debates around using the criminal law to sanction disease transmission.
Author : Andrew Ashworth
Publisher : A&C Black
Page : 395 pages
File Size : 38,84 MB
Release : 2014-07-18
Category : Law
ISBN : 1782253424
This book offers a set of essays, old and new, examining the positive obligations of individuals and the state in matters of criminal law. The centrepiece is a new, extended essay on the criminalisation of omissions-examining the duties to act imposed on individuals and organisations by the criminal law, and assessing their moral and social foundations. Alongside this is another new essay on the state's positive obligations to put in place criminal laws to protect certain individual rights. Introducing the volume is the author's much-cited essay on criminalisation, 'Is the Criminal Law a Lost Cause?'. The book sets out to shed new light on contemporary arguments about the proper boundaries of the criminal law, not least by exploring the justifications for imposing positive duties (reinforced by the criminal law) on individuals and their relation to the positive obligations of the state.
Author : Evan Stark
Publisher : Oxford University Press
Page : 465 pages
File Size : 27,99 MB
Release : 2009
Category : Family & Relationships
ISBN : 0195384040
Drawing on cases, Stark identifies the problems with our current approach to domestic violence, outlines the components of coercive control, and then uses this alternate framework to analyse the cases of battered women charged with criminal offenses directed at their abusers.
