Criminal Law Conversations

Author: Paul H. Robinson,Stephen P. Garvey,Kimberly Kessler Ferzan,Stephen Garvey

Publisher: Oxford University Press, USA

ISBN: 0199861277

Category: Law

Page: 732

View: 4087

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Criminal Law Conversations provides an authoritative overview of contemporary criminal law debates in the United States. This collection of high caliber scholarly papers was assembled using an innovative and interactive method of nominations and commentary by the nation's top legal scholars. Virtually every leading scholar in the field has participated, resulting in a volume of interest to those both in and outside of the community. Criminal Law Conversations showcases the most captivating of these essays, and provides insight into the most fundamental and provocative questions of modern criminal law.

Homicide and the Politics of Law Reform

Author: Jeremy Horder

Publisher: Oxford University Press

ISBN: 0199561915

Category: Law

Page: 275

View: 8942

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A fascinating study of the law of homicide, examining its recent development and providing an insider's view on the politics of law reform. Challenging current thought, it argues for the general public to have a greater role in the process of law reform including offenses such as murder, manslaughter, and the highly debated corporate homicide.

Speaking of Language and Law

Conversations on the Work of Peter Tiersma

Author: Peter Meijes Tiersma

Publisher: Oxford Studies in Language and

ISBN: 0199334188

Category: Language Arts & Disciplines

Page: 306

View: 6172

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Among the most prominent scholars of language and law is Peter Tiersma, a law professor at Loyola Law School with a doctorate in linguistics (co-editor of The Oxford Handbook of Language and Law). Tiersma's significant body of work traverses a variety of legal and linguistic fields. This book offers a selection of twelve of Tiersma's most influential publications, divided into five thematic areas that are critical to both law and linguistics: Language and Law as a Field of Inquiry, Legal Language and its History, Language and Civil Liability, Language and Criminal Justice, and Jury Instructions. Each paper is accompanied by a brief commentary from a leading scholar in the field, offering a substantive conversation about the ramifications of Tiersma's work and the disagreements that have often surrounded it.

Intuitions of Justice and the Utility of Desert

Author: Paul H. Robinson

Publisher: Oxford University Press

ISBN: 0199344191

Category: Law

Page: 584

View: 968

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Research suggests that people of all demographics have nuanced and sophisticated notions of justice. The core of those judgments is often intuition rather than reason. Should the criminal law heed what principles are embodied in those deep seated judgments? In Intuitions of Justice and the Utility of Desert, Paul H. Robinson demonstrates that criminal law rules that deviate from public conceptions of justice and desert can seriously undermine the American criminal justice system's integrity and credibility by failing to recognize or meet the needs of the communities it serves. Professor Robinson sketches the contours of a wide range of lay conceptions of what criminals justly deserve, touching upon many issues that penal code drafters or policy makers must face, including normative crime control, culpability, grading, sentencing, justification and excuse defenses, principles of adjudication, and judicial discretion. He warns that compromising the American criminal justice system to satisfy other interests can uncover the hidden costs incurred when a community's notions about justice are not reflected in its criminal laws. Intuitions of Justice and the Utility of Desert shows that by ignoring the views of justice held by the communities they serve, legislators, policymakers, and judges undermine the relevance of the criminal justice system and reduce its strength and credibility, creating a gap between what justice a community needs and what justice a court or law prescribes.

Pluralism in International Criminal Law

Author: Elies van Sliedregt,Sergey Vasiliev

Publisher: OUP Oxford

ISBN: 019100829X

Category: Law

Page: 410

View: 3560

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Despite the growth in international criminal courts and tribunals, the majority of cases concerning international criminal law are prosecuted at the domestic level. This means that both international and domestic courts have to contend with a plethora of relevant, but often contradictory, judgments by international institutions and by other domestic courts. This book provides a detailed investigation into the impact this pluralism has had on international criminal law and procedure, and examines the key problems which arise from it. The work identifies the various interpretations of the concept of pluralism and discusses how it manifests in a broad range of aspects of international criminal law and practice. These include substantive jurisdiction, the definition of crimes, modes of individual criminal responsibility for international crimes, sentencing, fair trial rights, law of evidence, truth-finding, and challenges faced by both international and domestic courts in gathering, testing and evaluating evidence. Authored by leading practitioners and academics in the field, the book employs pluralism as a methodological tool to advance the debate beyond the classic view of 'legal pluralism' leading to a problematic fragmentation of the international legal order. It argues instead that pluralism is a fundamental and indispensable feature of international criminal law which permeates it on several levels: through multiple legal regimes and enforcement fora, diversified sources and interpretations of concepts, and numerous identities underpinning the law and practice. The book addresses the virtues and dangers of pluralism, reflecting on the need for, and prospects of, harmonization of international criminal law around a common grammar. It ultimately brings together the theories of legal pluralism, the comparative law discourse on legal transplants, harmonization, and convergence, and the international legal debate on fragmentation to show where pluralism and divergence will need to be accepted as regular, and even beneficial, features of international criminal justice.

Globalisation, Criminal Law and Criminal Justice

Theoretical, Comparative and Transnational Perspectives

Author: Valsamis Mitsilegas,Peter Alldridge,Leonidas Cheliotis

Publisher: Bloomsbury Publishing

ISBN: 1782252711

Category: Social Science

Page: 324

View: 8766

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The book consists of the keynote papers delivered at the 2012 WG Hart Workshop on Globalisation, Criminal Law and Criminal Justice organised by the Queen Mary Criminal Justice Centre. The volume addresses, from a cross-disciplinary perspective, the multifarious relationship between globalisation on the one hand, and criminal law and justice on the other hand. At a time when economic, political and cultural systems across different jurisdictions are increasingly becoming or are perceived to be parts of a coherent global whole, it appears that the study of crime and criminal justice policies and practices can no longer be restricted within the boundaries of individual nation-states or even particular transnational regions. But in which specific fields, to what extent, and in what ways does globalisation influence crime and criminal justice in disparate jurisdictions? Which are the factors that facilitate or prevent such influence at a domestic and/or regional level? And how does or should scholarly inquiry explore these themes? These are all key questions which are addressed by the contributors to the volume. In addition to contributions focusing on theoretical and comparative dimensions of globalisation in criminal law and justice, the volume includes sections focusing on the role of evidence in the development of criminal justice policy, the development of European criminal law and its relationship with national and transnational legal orders, and the influence of globalisation on the interplay between criminal and administrative law.

Criminal Law

Author: Aspen Publishers,Wolters Kluwer Law & Business

Publisher: Aspen Publishers Online

ISBN: 0735571856

Category: Law

Page: 397

View: 2515

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After your casebook, Casenote Legal Briefs will be your most important reference source for the entire semester. It is the most popular legal briefs series available, with over 140 titles, and is relied on by thousands of students for its expert case summaries, comprehensive analysis of concurrences and dissents, as well as of the majority opinion in the briefs. Casenote Legal Briefs Features: Keyed to specific casebooks by title/author Most current briefs available Redesigned for greater student accessibility Sample brief with element descriptions called out Redesigned chapter opener provides rule of law and page number for each brief Quick Course Outline chart included with major titles Revised glossary in dictionary forma

Merciful Judgments and Contemporary Society

Legal Problems, Legal Possibilities

Author: Austin Sarat

Publisher: Cambridge University Press

ISBN: 1139504835

Category: Law

Page: N.A

View: 9889

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Merciful Judgments and Contemporary Society: Legal Problems, Legal Possibilities explores the tension between law's need for and dependence on merciful judgments and suspicions that regularly accompany them. Rather than focusing primarily on definitional questions or the longstanding debate about the moral worth and importance of mercy, this book focuses on mercy as a part of, and problem for, law. This book is a product of the University of Alabama School of Law symposia series on 'Law, Knowledge and Imagination'. It explores the ways law is known and imagined in a diverse array of disciplines, including political science, history, cultural studies, philosophy and science. In addition, books produced through the Alabama symposia explore various conjunctions of law, knowledge and imagination as they play out in debates about theory and policy and speak to venerable questions as well as contemporary issues.

Terminological Approaches in the European Context

Author: Paola Faini

Publisher: Cambridge Scholars Publishing

ISBN: 1443879517

Category: Language Arts & Disciplines

Page: 440

View: 5170

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This volume provides a picture of state-of-the-art studies on terminology at the European level. Addressing a range of linguistic and cultural topics, it illustrates the diversity of terminological approaches, uses and solutions. A variety of national contexts and areas, from economics and law through to gender, environment and education, is explored to illustrate emerging national issues and practices in view of measuring and assessing them against European standards. The book discusses the selection of languages and cultural attitudes that characterize European Union countries, challenging and productive as they can be. It highlights the need to acknowledge differences in specific domains and the necessity to evaluate national policies (or indeed lack of policies) regarding terminological issues, and facilitate communication and dissemination of knowledge.

Criminal Law, Procedure, and Evidence

Author: Walter P. Signorelli

Publisher: CRC Press

ISBN: 1439854505

Category: Law

Page: 459

View: 2245

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Constitutional principles are the foundation upon which substantive criminal law, criminal procedure law, and evidence laws rely. The concepts of due process, legality, specificity, notice, equality, and fairness are intrinsic to these three disciplines, and a firm understanding of their implications is necessary for a thorough comprehension of the topic. Criminal Law, Procedure, and Evidence examines the tensions produced by balancing the ideals of individual liberty embodied in the Constitution against society’s need to enforce criminal laws as a means of achieving social control, order, and safety. Relying on his first-hand experience as a law enforcement official and criminal defense attorney, the author presents issues that highlight the difficulties in applying constitutional principles to specific criminal justice situations. Each chapter of the text contains a realistic problem in the form of a fact pattern that focuses on one or more of the classic criminal justice issues to which readers can relate. These problems are presented from both the point of view of citizens caught up in a police investigation and from the perspective of police officers attempting to enforce the law within the framework of constitutional protections. Concepts discussed include Probable cause Search and seizure, stop and frisk, and the exclusionary rule Confessions and Miranda warnings The right to counsel Lineups Standards of proof Proportionate sentencing The right to confront accusers Providing a complete view of American legal principles, the book addresses distinct issues as well as the overlays and connections between the issues. It presents as a cohesive whole the interrelationships between constitutional principles, statutory criminal laws, procedural law, and common law evidentiary doctrines.

Criminal Conversations

Victorian Crimes, Social Panic, and Moral Outrage

Author: Judith Rowbotham,Kim Stevenson

Publisher: Ohio State University Press

ISBN: 0814209734

Category: Social Science

Page: 318

View: 7190

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"The essays in this book set out to explore the ways in which Victorians used newspapers to identify the causes of bad behavior and its impacts, and the ways in which they tried to "distance" criminals and those guilty of "bad" behavior from the ordinary members of society, including identification of them as different according to race of sexual orientation. It also explores how threats from within "normal" society were depicted and the panic that issues like "baby-farming" caused." "Victorian alarm was about crimes and bad behavior which they saw as new or unique to their period - but which were not new then and which, in slightly different dress, are still causing panic today. What is striking about the essays in this collection are the ways in which they echo contemporary concerns about crime and bad behavior, including panics about "new" types of crime. This has implications for modern understandings of how society needs to understand crime, demonstrating that while there are changes over time, there are also important continuities."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved

Law, War and Crime

War Crimes, Trials and the Reinvention of International Law

Author: Gerry J. Simpson

Publisher: Polity

ISBN: 0745630227

Category: Law

Page: 225

View: 3856

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Simpson argues that the field of war crimes is constituted by a number of tensions between, for example, politics and law, local justice and cosmopolitan reckoning, collective guilt and individual responsibility, and between the instinct that war, at worst, is an error and the conviction that war is a crime.

Foundational Texts in Modern Criminal Law

Author: Markus D Dubber

Publisher: OUP Oxford

ISBN: 0191654620

Category: Law

Page: 450

View: 6781

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Foundational Texts in Modern Criminal Law presents essays in which scholars from various countries and legal systems engage critically with formative texts in criminal legal thought since Hobbes. It examines the emergence of a transnational canon of criminal law by documenting its intellectual and disciplinary history and provides a snapshot of contemporary work on criminal law within that historical and comparative context. Criminal law discourse has become, and will continue to become, more international and comparative, and in this sense global: the long-standing parochialism of criminal law scholarship and doctrine is giving way to a broad exploration of the foundations of modern criminal law. The present book advances this promising scholarly and doctrinal project by making available key texts, including several not previously available in English translation, from the common law and civil law traditions, accompanied by contributions from leading representatives of both systems.

A History of Ethiopia

Author: Harold G. Marcus

Publisher: Univ of California Press

ISBN: 9780520081215

Category: History

Page: 261

View: 8118

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Criminal Law Conversations provides an authoritative overview of contemporary criminal law debates in the United States. This collection of high caliber scholarly papers was assembled using an innovative and interactive method of nominations and commentary by the nation's top legal scholars. Virtually every leading scholar in the field has participated, resulting in a volume of interest to those both in and outside of the community. Criminal Law Conversations showcases the most captivatingof these essays, and provides insight into the most fundamental and provocative questions of modern criminal law.

Imagining Crime

Author: Dr Alison Young

Publisher: SAGE

ISBN: 9781446230053

Category:

Page: 240

View: 5860

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This book offers an original and challenging reading of the crimino-legal complex' - criminology, criminal justice, criminal law, the media and everyday experiences - in the light of cultural studies and feminist theory. Through an exploration of the crisis engendered by the failure of the crimino-legal complex to solve the problems of crime and criminality, Alison Young exposes the cultural dimension of its institutions and practices. She analyzes the far-reaching effects of the cultural value given to crime, showing it to be rooted in a powerful nexus of the body, language, the community and everyday life. Imagining Crime examines a number of key events and issues which have signalled shifts in the representation of crime. These include: criminology's resistance to feminist intervention; the pleasures of reading detective fiction; ambiguities of victimization and social justice in the city; sacrificial structures in the law's response to conjugal homicide; policing the ethnicity of the illegal' immigrant; defensive responses to the limits of representation in the Bulger affair; the governmental strategies of campaigns against single mothers; and the fatalism of the spectacle of HIV/AIDS in criminal justice policy.

English Common Law in the Age of Mansfield

Author: James Oldham

Publisher: Univ of North Carolina Press

ISBN: 0807864005

Category: Law

Page: 448

View: 2741

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In the eighteenth century, the English common law courts laid the foundation that continues to support present-day Anglo-American law. Lord Mansfield, Chief Justice of the Court of King's Bench, 1756-1788, was the dominant judicial force behind these developments. In this abridgment of his two-volume book, The Mansfield Manuscripts and the Growth of English Law in the Eighteenth Century, James Oldham presents the fundamentals of the English common law during this period, with a detailed description of the operational features of the common law courts. This work includes revised and updated versions of the historical and analytical essays that introduced the case transcriptions in the original volumes, with each chapter focusing on a different aspect of the law. While considerable scholarship has been devoted to the eighteenth-century English criminal trial, little attention has been given to the civil side. This book helps to fill that gap, providing an understanding of the principal body of substantive law with which America's founding fathers would have been familiar. It is an invaluable reference for practicing lawyers, scholars, and students of Anglo-American legal history.

Boys Don't Cry?

Rethinking Narratives of Masculinity and Emotion in the U.S.

Author: Milette Shamir,Jennifer Travis

Publisher: Columbia University Press

ISBN: 0231506341

Category: Social Science

Page: 320

View: 8479

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We take for granted the idea that white, middle-class, straight masculinity connotes total control of emotions, emotional inexpressivity, and emotional isolation. That men repress their feelings as they seek their fortunes in the competitive worlds of business and politics seems to be a given. This collection of essays by prominent literary and cultural critics rethinks such commonly held views by addressing the history and politics of emotion in prevailing narratives about masculinity. How did the story of the emotionally stifled U.S. male come into being? What are its political stakes? Will the "release" of straight, white, middle-class masculine emotion remake existing forms of power or reinforce them? This collection forcefully challenges our most entrenched ideas about male emotion. Through readings of works by Thoreau, Lowell, and W. E. B. Du Bois, and of twentieth century authors such as Hemingway and Kerouac, this book questions the persistence of the emotionally alienated male in narratives of white middle-class masculinity and addresses the political and social implications of male emotional release.

A History of the Criminal Law of England

Author: James Fitzjames Stephen

Publisher: Cambridge University Press

ISBN: 1108060749

Category: History

Page: 606

View: 5551

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Published in 1883, this three-volume account of English criminal law's development since 1200 remains a classic work of legal historical scholarship.