Author : Matthew Dyson
Publisher : Cambridge University Press
Page : 465 pages
File Size : 23,25 MB
Release : 2014-07-17
Category : Law
ISBN : 1107066115
Innovative and groundbreaking research on how tort and crime interrelate in English law.
Author : Matthew Dyson
Publisher : Cambridge University Press
Page : 465 pages
File Size : 35,48 MB
Release : 2014-07-17
Category : Law
ISBN : 1139993356
Tort law and criminal law are closely bound together but their relationship rarely receives sustained and rigorous scrutiny. This is the first significant project in England and Wales to address that shortcoming. Building on growing interest amongst both academics and practitioners in the relationship between tort and crime, it draws together leading experts to chart the field and explore key points of interest. It uses a range of perspectives from legal theory, doctrine, legal history and comparative law to address some of the most important and interesting links between tort and crime. Examples include how the illegality defence operates to avoid stultification of the law, the difference between criminal and civil causation, how the Motor Insurers' Bureau not only insures but acts to enforce laws and alter behaviour, and why civil law only very rarely restores specific property but the criminal law does it daily.
Author : Matthew Dyson
Publisher : Cambridge University Press
Page : 557 pages
File Size : 14,37 MB
Release : 2015-07-02
Category : Law
ISBN : 1107080487
First English-language comparative volume to study where, how and why tort and crime interact. Covers common and civil law countries.
Author : John Braithwaite
Publisher : Cambridge University Press
Page : 242 pages
File Size : 15,13 MB
Release : 1989-03-23
Category : Biography & Autobiography
ISBN : 9780521356688
Crime, Shame and Reintegration is a contribution to general criminological theory. Its approach is as relevant to professional burglary as to episodic delinquency or white collar crime. Braithwaite argues that some societies have higher crime rates than others because of their different processes of shaming wrongdoing. Shaming can be counterproductive, making crime problems worse. But when shaming is done within a cultural context of respect for the offender, it can be an extraordinarily powerful, efficient and just form of social control. Braithwaite identifies the social conditions for such successful shaming. If his theory is right, radically different criminal justice policies are needed - a shift away from punitive social control toward greater emphasis on moralizing social control. This book will be of interest not only to criminologists and sociologists, but to those in law, public administration and politics who are concerned with social policy and social issues.
Author : Andrew Dyson
Publisher : Bloomsbury Publishing
Page : 378 pages
File Size : 11,98 MB
Release : 2015-02-26
Category : Law
ISBN : 1782255427
This book is the first in a series of essay collections on defences in private law. It addresses defences to liability arising in tort. The essays range from those adopting a primarily doctrinal approach to others that examine the law from a more theoretical or historical perspective. Some essays focus on individual defences, while some are concerned with the links between defences, or with how defences relate to the structure of tort law as a whole. A number of the essays also draw upon concepts and literature that have been developed mainly in relation to the criminal law, and consider their application to tort law. The essays make several original contributions to this complex, important but neglected field of academic enquiry.
Author : James Goudkamp
Publisher : A&C Black
Page : 422 pages
File Size : 26,15 MB
Release : 2014-07-18
Category : Law
ISBN : 1782251898
The law of torts recognises many defences to liability. While some of these defences have been explored in detail, scant attention has been given to the theoretical foundations of defences generally. In particular, no serious attempt has been made to explain how defences relate to each other or to the torts to which they pertain. The goal of this book is to reduce the size of this substantial gap in our understanding of tort law. The principal way in which it attempts to do so is by developing a taxonomy of defences. The book shows that much can be learned about a given defence from the way in which it is classified. This book has been awarded Joint Second Prize for the 2014 Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship.
Author : Peter King
Publisher : Cambridge University Press
Page : 380 pages
File Size : 25,83 MB
Release : 2006-12-07
Category : History
ISBN : 9781139459495
How was law made in England in the eighteenth and early nineteenth centuries? Through detailed studies of what the courts actually did, Peter King argues that parliament and the Westminster courts played a less important role in the process of law making than is usually assumed. Justice was often remade from the margins by magistrates, judges and others at the local level. His book also focuses on four specific themes - gender, youth, violent crime and the attack on customary rights. In doing so it highlights a variety of important changes - the relatively lenient treatment meted out to women by the late eighteenth century, the early development of the juvenile reformatory in England before 1825, i.e. before similar changes on the continent or in America, and the growing intolerance of the courts towards everyday violence. This study is invaluable reading to anyone interested in British political and legal history.
Author : Charles Foster
Publisher : Springer Nature
Page : 92 pages
File Size : 19,78 MB
Release : 2021-05-01
Category : Law
ISBN : 3030713342
This book examines the controversial and repercussive contention that an objective of the law should be to promote personal morality - to make people ethically better. It surveys a number of domains, including criminal law, tort law, contract law, family law, and medical law (particularly the realm of moral enhancement technologies) asking for each: (a) Does the existing law seek to promote personal morality? (b) If so, what is the account of morality promoted, and what is the substantive content? (c) Does it work? and (d) Is this a legitimate objective?
Author : Marcelo Bergman
Publisher : Oxford University Press
Page : 409 pages
File Size : 10,11 MB
Release : 2018
Category : Business & Economics
ISBN : 0190608773
Drawing on original data from surveys across Latin America, this book develops a new, compelling theory on the rise of crime in Latin America. It evaluates the economic underpinnings of the upsurge in property crime, drug trafficking, and violence in the midst of economic prosperity and democratization.
Author : Leora Yedida Bilsky
Publisher : University of Michigan Press
Page : 253 pages
File Size : 43,67 MB
Release : 2017-09-12
Category : Law
ISBN : 0472123092
The Holocaust, Corporations, and the Law explores the challenge posed by the Holocaust to legal and political thought by examining issues raised by the restitution class action suits brought against Swiss banks and German corporations before American federal courts in the 1990s. Although the suits were settled for unprecedented amounts of money, the defendants did not formally assume any legal responsibility. Thus, the lawsuits were bitterly criticized by lawyers for betraying justice and by historians for distorting history. Leora Bilsky argues class action litigation and settlement offer a mode of accountability well suited to addressing the bureaucratic nature of business involvement in atrocities. Prior to these lawsuits, legal treatment of the Holocaust was dominated by criminal law and its individualistic assumptions, consistently failing to relate to the structural aspects of Nazi crimes. Engaging critically with contemporary debates about corporate responsibility for human rights violations and assumptions about “law,” she argues for the need to design processes that make multinational corporations accountable, and examines the implications for transitional justice, the relationship between law and history, and for community and representation in a post-national world. Her novel interpretation of the restitution lawsuits not only adds an important dimension to the study of Holocaust trials, but also makes an innovative contribution to broader and pressing contemporary legal and political debates. In an era when corporations are ever more powerful and international, Bilsky’s arguments will attract attention beyond those interested in the Holocaust and its long shadow.
