Atjaunināt sīkdatņu piekrišanu

E-grāmata: General Defences in Criminal Law: Domestic and Comparative Perspectives [Taylor & Francis e-book]

  • Taylor & Francis e-book
  • Cena: 173,42 €*
  • * this price gives unlimited concurrent access for unlimited time
  • Standarta cena: 247,75 €
  • Ietaupiet 30%
The law relating to general defences is one of the most important areas in the criminal law, yet the current state of the law in the United Kingdom reveals significant problems in the adoption of a consistent approach to their doctrinal and theoretical underpinnings, as exemplified by a number of recent developments in legislation and case law. A coherent and joined-up approach is still missing. This volume provides an analysis of the main contentious areas in British law, and proposes ways forward for reform. The collection includes contributions from leading experts across various jurisdictions. Part I examines the law in the United Kingdom, with specialist contributions on Irish and Scottish law. Part II consists of contributions by authors from a number of foreign jurisdictions, all written to a common research grid for maximum comparability, which provide a wider background of how other legal systems treat problems relating to general defences in the context of the criminal law, and which may serve as points of reference for domestic law reform.

The law relating to general defences is one of the most important areas in the criminal law, yet the current state of the law in the UK reveals significant problems in the adoption of a consistent approach to their doctrinal and theoretical underpinnings, as exemplified by a number of recent developments in legislation and case law. A coherent and
Notes on Contributors vii
Introduction 1(6)
PART I
1 How Criminal Defences Work
7(18)
William Wilson
2 Avoiding Criminal Liability and Excessive Punishment for Persons Who Lack Culpability: What Can and Should Be Done?
25(12)
Bob Sullivan
3 Prior Fault: Blocking Defences or Constructing Crimes
37(14)
J.J. Child
4 Transfer of Defences
51(12)
Michael Bohlander
5 Consent in the Criminal Law: The Importance of Relationality and Responsibility
63(12)
Jonathan Herring
6 Good and Harm, Excuses and Justifications, and the Moral Narratives of Necessity
75(18)
Susan Edwards
7 Duress and Normative Moral Excuse: Comparative Standardisations and the Ambit of Affirmative Defences
93(20)
Alan Reed
8 Of Blurred Boundaries and Prior Fault: Insanity, Automatism and Intoxication
113(20)
Arlie Loughnan
Nicola Wake
9 Mistaken Private Defence: The Case for Reform
133(12)
Claire de Than
Jesse Elvin
10 Statutory Defences of Reasonableness: Inexcusable Uncertainty or Reasonable Pragmatism
145(14)
Christopher J. Newman
11 How Do They Do That? Automatism, Coercion, Necessity, and Mens Rea in Scots Criminal Law
159(12)
Claire McDiarmid
12 In a Spirit of Compromise: The Irish Doctrine of Excessive Defence
171(14)
John E. Stannard
PART II
13 Australia
185(12)
Mirko Bagaric
14 Canada
197(16)
Kent Roach
15 France
213(14)
Catherine Elliott
16 Germany
227(14)
Kai Ambos
Slefanie Bock
17 Islamic Law
241(14)
Mohammad M. Hedayati-Kakhki
18 The Netherlands
255(18)
Erik Gritter
19 New Zealand
273(16)
Julia Tolmie
20 South Africa
289(12)
Gerhard Kemp
21 Sweden
301(14)
Fetter Asp
Magnus Ulvang
22 Turkey
315(14)
R. Murat Onok
23 United States of America
329(14)
Luis E. Chiesa
Index 343
Alan Reed graduated from Trinity College, Cambridge University with a First Class Honours Degree in Law, and was awarded the Herbert Smith Prize for Conflict of Laws and the Dr Lancey Prize. Cambridge University awarded him a full Holland Scholarship to facilitate study in the United States and he obtained an LLM Master's of Law (Comparative Law) at the University of Virginia. After completion of the Law Society Finals Examinations he spent three years in practice in London at Addleshaw Goddard, and also acted as a Tutor in Criminal Law at Trinity College, Cambridge. He spent seven years as a lecturer in law at Leeds University, and from 2001-2012 was engaged as Professor of Criminal and Private International Law and Director of Research at Sunderland University. In April 2012 he commenced new roles as Associate Dean (Research and Innovation) and Professor of Law at Northumbria Law School. Alan has published over 200 monographs, textbooks and articles in the substantive arena in leading journals in England, Australia, New York, Florida and Los Angeles. For the last 10 years he has been editor of the Journal of Criminal Law. Professor Michael Bohlander is the Chair in Comparative and International Criminal Law at Durham Law School. From 1991 until joining Durham University in 2004, he had been a life-tenured member of the German judiciary, sitting in criminal and civil proceedings at trial and appellate level. From 1999 until 2001 he served as the senior legal officer of a Trial Chamber at the International Criminal Tribunal for the Former Yugoslavia in the Hague. He also trained the prosecutors and judges of the Iraqi High Tribunal which tried Saddam Hussein. In 2010, Professor Bohlander was appointed to the Visiting Chair in Criminal Law at the Rijksuniversiteit Groningen in the Netherlands. He was the first non-Muslim visiting scholar ever to teach at the Faculty of Law of Al-Azhar University in Cairo in 2012. He has published 19 books and over 140 articles and comments. His work has been translated into Farsi, French, Spanish and Turkish. Professor Bohlander's publications have been cited widely by and before courts in several domestic and international jurisdictions.