Автор: Vogler Название: A World View of Criminal Justice ISBN: 1138248940 ISBN-13(EAN): 9781138248946 Издательство: Taylor&Francis Рейтинг: Цена: 9033.00 р. Наличие на складе: Нет в наличии.
Описание: Criminal justice procedure is the bedrock of human rights. Surprisingly, however, in an era of unprecedented change in criminal justice around the world, it is often dismissed as technical and unimportant. This failure to take procedure seriously has a terrible cost, allowing reform to be driven by purely pragmatic considerations, cost-cutting or foreign influence.
Current US political domination, for example, has produced a historic and global shift towards more adversarial procedure, which is widely misunderstood and inconsistently implemented. This book addresses such issues by bringing together a huge range of historical and contemporary research on criminal justice in Europe, Asia, Africa, Australasia and the Americas. It proposes a theory of procedure derived from the three great international trial modes of 'inquisitorial justice', 'adversarial justice' and 'popular justice'.
This approach opens up the possibility of assessing criminal justice from a more objective standpoint, as well as providing a sourcebook for comparative study and practical reform around the world.
Imagining the International interrogates mainstream understandings of international crime and international justice to tease out their ethical limits and possibilities.
International crime and justice are powerful ideas, associated with a vivid imagery of heinous atrocities, injured humanity, and an international community seized by the need to act. Through an analysis of archival and contemporary data, Imagining the International provides a sustained picture of how ideas about international crime and justice are given content and the global interrelations they enable and foreclose. Nesam McMillan argues that dominant approaches to conceptualizing distinctly international crime and international justice are problematic because they disconnect these phenomena from the everyday, fostering distance between those who have experienced international crime and those who have not. McMillan draws on interdisciplinary work spanning law, criminology, humanitarianism, socio-legal studies, cultural studies, and human geography to show how understandings of international crime and justice hierarchize, spectacularize, and appropriate the suffering of others and promote an ideal of justice fundamentally disconnected from life as it is lived. McMillan critiques the mode of global interconnection they offer, one which bears resemblance to past colonial global approaches and which seeks to foster community through the image of crime and the practice of punitive justice. This book powerfully underscores the importance of the ideas of international crime and justice and their significant limits, cautioning against their continued valorization.
Автор: Aboueldahab Noha Название: Transitional Justice and the Prosecution of Political Leader ISBN: 1509936408 ISBN-13(EAN): 9781509936403 Издательство: Bloomsbury Academic Рейтинг: Цена: 5587.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
The dramatic uprisings that ousted the long-standing leaders of several countries in the Arab region set in motion an unprecedented period of social, political and legal transformation. The prosecution of political leaders took centre stage in the pursuit of transitional justice following the 'Arab Spring'. Through a comparative case study of Egypt, Libya, Tunisia and Yemen, this book argues that transitional justice in the Arab region presents the strongest challenge yet to the transitional justice paradigm. This paradigm is built on the underlying assumption that transitions constitute a shift from non-liberal to liberal democratic regimes, where often legal measures are taken to address atrocities committed during the prior regime. The book is guided by two principal questions: first, what trigger and driving factors led to the decision of whether or not to prosecute former political leaders? And second, what shaping factors affected the content and extent of decisions regarding prosecution? In answering these questions, the book enhances our understanding of how transitional justice is pursued by different actors in varied contexts. In doing so, it challenges the predominant understanding that transitional justice uniformly occurs in liberalising contexts and calls for a re-thinking of transitional justice theory and practice.
Using original findings generated from almost 50 interviews across 4 countries, this research builds on the growing critical literature that claims that transitional justice is an under-theorised field and needs to be developed to take into account non-liberal and complex transitions. It will be stimulating and thought-provoking reading for all those interested in transitional justice and the 'Arab Spring'.
Автор: Mark Dsouza Название: Rationale-Based Defences in Criminal Law ISBN: 1509902953 ISBN-13(EAN): 9781509902958 Издательство: Bloomsbury Academic Рейтинг: Цена: 18308.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: PRAISE FOR THE BOOK "Despite the existing scholarly literature on criminal defences, many issues remain contested or unresolved. Dr Dsouza offers a thorough and scholarly treatment of a complex topic which can be expected to become a point of reference for future work in the field.+? Professor James Chalmers, University of Glasgow
"Mark Dsouza has produced an engaging, incisive and cogently argued monograph, that makes an original contribution to criminal law theory. Required reading for scholars and graduate students working on criminal law defences.+? Professor Paul Roberts, University of Nottingham
Although it is often accepted that rationale-based defences to criminal liability can be justificatory or excusatory, disagreements about how best to conceptualise the categories of justification and excuse have appeared so interminable that some theorists argue that they should be abandoned altogether. This book offers a novel, principled, and intuitively appealing conceptual account of the natures of justifications and excuses, showing how they differ, and why the distinction between them matters.
The monograph breaks new ground by defending a model of rationale-based defences that turns solely on the quality of the defendant's reasoning. This model is shown to generate appealing liability outcomes, advance convincing solutions to questions that have puzzled criminal lawyers for years, and offer suggestions for doctrinal reform that are both normatively sound, and practical. By proposing new ways to think about defences, this book makes an original contribution to criminal law theory that will be of benefit to academics, practitioners, and persons interested in law reform.
Автор: Higgins, Noelle Название: Cultural defences at the international criminal court ISBN: 1138893617 ISBN-13(EAN): 9781138893610 Издательство: Taylor&Francis Рейтинг: Цена: 9186.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Cultural defences, i.e. claims that certain aspects of a defendant’s cultural background should be taken into consideration by courts when adjudicating on their guilt or innocence, have been raised before domestic courts in a variety of jurisdictions. This has been a very sensitive and controversial issue. However, the issue of cultural defences at international tribunals is one that has not yet been fully explored. The main objective of this book is to analyse if the International Criminal Court can, and should, accommodate cultural defences as answers to legal charges, or if the Court should accommodate cultural considerations in other ways.
Автор: Yannoulidis Название: Mental State Defences in Criminal Law ISBN: 1138271799 ISBN-13(EAN): 9781138271791 Издательство: Taylor&Francis Рейтинг: Цена: 9033.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: By defining appropriate boundaries for the defence of insanity and the doctrine of automatism, this book presents a consistent and principled approach to the reform of mental state defences. In particular, by undertaking an interdisciplinary analysis of the various factors that inform these defences the book concludes with several practical and robust reform proposals There are three objectives that underpin the suggested reform proposals. First, to ensure that an accused will be able to raise a defence of insanity for involuntary conduct arising from mental disorder even where he or she is aware of the nature and quality of such conduct. Second, to provide principled means by which to establish the criminal responsibility of an accused for conduct performed in a state of drug-induced psychosis. Third, to ensure that criminal conduct arising from a state of ’impaired consciousness’ does not automatically result in the outright acquittal of an accused. In articulating the competing demands that must be balanced in order to secure a principled approach to the reform of mental state defences the book will be of relevance to all common law countries.
Автор: Mark Dsouza Название: Rationale-Based Defences in Criminal Law ISBN: 1509932143 ISBN-13(EAN): 9781509932146 Издательство: Bloomsbury Academic Рейтинг: Цена: 8092.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: PRAISE FOR THE BOOK "Despite the existing scholarly literature on criminal defences, many issues remain contested or unresolved. Dr Dsouza offers a thorough and scholarly treatment of a complex topic which can be expected to become a point of reference for future work in the field.+? Professor James Chalmers, University of Glasgow
"Mark Dsouza has produced an engaging, incisive and cogently argued monograph, that makes an original contribution to criminal law theory. Required reading for scholars and graduate students working on criminal law defences.+? Professor Paul Roberts, University of Nottingham
Although it is often accepted that rationale-based defences to criminal liability can be justificatory or excusatory, disagreements about how best to conceptualise the categories of justification and excuse have appeared so interminable that some theorists argue that they should be abandoned altogether. This book offers a novel, principled, and intuitively appealing conceptual account of the natures of justifications and excuses, showing how they differ, and why the distinction between them matters.
The monograph breaks new ground by defending a model of rationale-based defences that turns solely on the quality of the defendant's reasoning. This model is shown to generate appealing liability outcomes, advance convincing solutions to questions that have puzzled criminal lawyers for years, and offer suggestions for doctrinal reform that are both normatively sound, and practical. By proposing new ways to think about defences, this book makes an original contribution to criminal law theory that will be of benefit to academics, practitioners, and persons interested in law reform.
Автор: Steven Yannoulidis Название: Mental State Defences in Criminal Law ISBN: 140944645X ISBN-13(EAN): 9781409446453 Издательство: Taylor&Francis Рейтинг: Цена: 24499.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: By presenting an analysis of various factors which inform mental state defences in criminal law, this book provides several practical and robust reform proposals. Exploring appropriate boundaries for the defence of insanity and the doctrine of automatism, it suggests a consistent and principled approach to the reform of mental state defences.
Автор: Higgins, Noelle Название: Cultural defences at the international criminal court ISBN: 0367888971 ISBN-13(EAN): 9780367888978 Издательство: Taylor&Francis Рейтинг: Цена: 3826.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Cultural defences are claims that certain aspects of a defendant`s cultural background should be taken into consideration by courts when adjudicating on their guilt or innocence. This book considers how cultural defences can be opened before the International Criminal Court, focusing on the sources of law enshrined in the Statute and the defence
Автор: Andrew Dyson, James Goudkamp, Frederick Wilmot-Smi Название: Defences in Tort ISBN: 1849465266 ISBN-13(EAN): 9781849465267 Издательство: Bloomsbury Academic Рейтинг: Цена: 26981.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book explores the links between tort law defences on a theoretical level, and examines the nature and scope of individual defences. It will be of value to academics and practitioners alike.
Автор: Andrew Dyson, James Goudkamp, Frederick Wilmot-Smi Название: Defences in Tort ISBN: 1509914161 ISBN-13(EAN): 9781509914166 Издательство: Bloomsbury Academic Рейтинг: Цена: 9634.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book explores the links between tort law defences on a theoretical level, and examines the nature and scope of individual defences. It will be of value to academics and practitioners alike.
Автор: Andrew Dyson, James Goudkamp, Frederick Wilmot-Smi Название: Defences in Contract ISBN: 1849467234 ISBN-13(EAN): 9781849467230 Издательство: Bloomsbury Academic Рейтинг: Цена: 18308.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book is the third in a series of essay collections on defences in private law. It addresses defences to liability arising in contract. The essays range from those adopting a predominantly black-letter 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 contract law generally. One goal of the book is to determine what light can be shed on contract law doctrines by analysing them through the lens of defences. Many scholars are unaccustomed to thinking of defences to contract law and so fresh light is shed on an old topic. The essays make several original contributions to this complex, important but neglected field of academic enquiry. The contributors-judges and academics-are all leading jurists. The essays are addressed to all of the major common law jurisdictions. (Series: Hart Studies in Private Law: Essays on Defences, Vol. 3) Subject: Contract Law, Tort Law, Commercial Law, Legal History]
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