• Law

Offences and Defences

Selected Essays in the Philosophy of Criminal Law
Author: John Gardner
Publisher: Oxford University Press on Demand
ISBN: 0199239355
Category: Law
Page: 288
View: 9236
A selection of some of the author's best-known and most provocative writings on criminal law. Although it discusses the legitimacy of criminal punishment, it proceeds on the footing that the criminal law does many important things apart from punishing people.

    • Law

Offences and Defences

Selected Essays in the Philosophy of Criminal Law
Author: John Gardner
Publisher: Oxford University Press on Demand
ISBN: 9780199239368
Category: Law
Page: 288
View: 6610
A selection of some of the author's best-known and most provocative writings on criminal law. Although it discusses the legitimacy of criminal punishment, it proceeds on the footing that the criminal law does many important things apart from punishing people.

    • Law

Regulatory offences in Canada

liability & defences
Author: John Swaigen,Canadian Institute for Environmental Law and Policy
Publisher: Carswell Legal Pubns
ISBN: N.A
Category: Law
Page: 250
View: 3125

    • Law

Q&A Criminal Law 2013-2014


Author: Norman Baird
Publisher: Routledge
ISBN: 1136188266
Category: Law
Page: 290
View: 3305
Routledge Q&As give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in an exam situation. Each book contains up to fifty essay and problem-based questions on the most commonly examined topics, complete with expert guidance and fully worked model answers. These new editions for 2013-2014 will provide you with the skills you need for your exams by: Helping you to be prepared: each title in the series has an introduction presenting carefully tailored advice on how to approach assessment for your subject Showing you what examiners are looking for: each question is annotated with both a short overview on how to approach your answer, as well as footnoted commentary that demonstrate how model answers meet marking criteria Offering pointers on how to gain marks, as well as what common errors could lose them: ‘Aim Higher’ and ‘Common Pitfalls’ offer crucial guidance throughout Helping you to understand and remember the law: diagrams for each answer work to illuminate difficult legal principles and provide overviews of how model answers are structured Books in the series are also supported by a Companion Website that offers online essay-writing tutorials, podcasts, bonus Q&As and multiple-choice questions to help you focus your revision more effectively.

    • Law

Answering for Crime

Responsibility and Liability in the Criminal Law
Author: R A Duff
Publisher: Bloomsbury Publishing
ISBN: 1847317170
Category: Law
Page: 342
View: 6540
In this long-awaited book, Antony Duff offers a new perspective on the structures of criminal law and criminal liability. His starting point is a distinction between responsibility (understood as answerability) and liability, and a conception of responsibility as relational and practice-based. This focus on responsibility, as a matter of being answerable to those who have the standing to call one to account, throws new light on a range of questions in criminal law theory: on the question of criminalisation, which can now be cast as the question of what we should have to answer for, and to whom, under the threat of criminal conviction and punishment; on questions about the criminal trial, as a process through which defendants are called to answer, and about the conditions (bars to trial) given which a trial would be illegitimate; on questions about the structure of offences, the distinction between offences and defences, and the phenomena of strict liability and strict responsibility; and on questions about the structures of criminal defences. The net result is not a theory of criminal law; but it is an account of the structure of criminal law as an institution through which a liberal polity defines a realm of public wrongdoing, and calls those who perpetrate (or are accused of perpetrating) such wrongs to account.

    • Criminal law

Indictable Offences in Victoria


Author: Ian R. Freckelton,Danielle Andrewartha
Publisher: N.A
ISBN: 9780455219486
Category: Criminal law
Page: 1244
View: 6437
Indictable Offences in Victoria 5th Edition, is an invaluable resource for legal practitioners and police, assisting those who have responsibility for charging defendants and for prosecuting and defending them in the Victoria's criminal justice system. The work comprehensively and clearly sets out all matters relevant to the prosecution of indictable offences in Victoria utilising a succinct alphabetical catalogue of all indictable offences. Expert commentary by eminent barrister and academic, Dr Ian Freckelton SC, is accompanied by the text of the relevant legislative provisions. The fifth edition is revised to incorporate new offences from the Crimes Act 1958. It also deals with offences under a range of other legislation including the Occupational Health and Safety Act 2004, the Infertility Treatment Act 1995, the Environmental Protection Act 1970 and the Marine Act 1988. References to textbooks, looseleaf services, articles and caselaw are all significantly updated to ensure Indictable Offences in Victoria continues to provide an excellent practical guide to criminal justice in Victoria, while ensuring the work is also accessible to students of law and legal studies. Indictable Offences in Victoria 5th Edition is an essential resource for anyone practicing, enforcing or studying criminal law in Victoria.

    • Criminal law

Principles of Criminal Law


Author: Simon Bronitt,Bernadette McSherry
Publisher: Lawbook Company
ISBN: 9780455217406
Category: Criminal law
Page: 900
View: 9703
Opens with a consideration of the social, economic and historical context of criminal law before examining the principles that form the basis of criminal law in Australia. Case studies of important decisions influencing the development of the law are included and interesting issues are highlighted.

    • Law

Philosophical Foundations of Criminal Law


Author: R. A. Duff,Stuart Green
Publisher: OUP Oxford
ISBN: 0191654701
Category: Law
Page: 560
View: 4078
Twenty-five leading contemporary theorists of criminal law tackle a range of foundational issues about the proper aims and structure of the criminal law in a liberal democracy. The challenges facing criminal law are many. There are crises of over-criminalization and over-imprisonment; penal policy has become so politicized that it is difficult to find any clear consensus on what aims the criminal law can properly serve; governments seeking to protect their citizens in the face of a range of perceived threats have pushed the outer limits of criminal law and blurred its boundaries. To think clearly about the future of criminal law, and its role in a liberal society, foundational questions about its proper scope, structure, and operations must be re-examined. What kinds of conduct should be criminalized? What are the principles of criminal responsibility? How should offences and defences be defined? The criminal process and the criminal trial need to be studied closely, and the purposes and modes of punishment should be scrutinized. Such a re-examination must draw on the resources of various disciplines-notably law, political and moral philosophy, criminology and history; it must examine both the inner logic of criminal law and its place in a larger legal and political structure; it must attend to the growing field of international criminal law, it must consider how the criminal law can respond to the challenges of a changing world. Topics covered in this volume include the question of criminalization and the proper scope of the criminal law; the grounds of criminal responsibility; the ways in which offences and defences should be defined; the criminal process and its values; criminal punishment; the relationship between international criminal law and domestic criminal law. Together, the essays provide a picture of the exciting state of criminal law theory today, and the basis for further research and debate in the coming years.

    • Law

The Philosophy of Criminal Law

Selected Essays
Author: Douglas N. Husak
Publisher: Oxford University Press, USA
ISBN: 0199585032
Category: Law
Page: 458
View: 920
This volume collects 17 of Douglas Husak's influential essays in criminal law theory. The essays span Husak's original and provocative contributions to the major topics in the field, including the grounds of criminal liability, the significance of culpability, the role of defences, and the justification of punishment. The volume includes an extended introduction by the author, drawing together the themes of his work and exploring the goals of criminal theory. Together, the essays present a desert-based analysis of issues in criminal theory that rejects the consequentialist approach more familiar among legal scholars. The foremost concern of these essays is to ensure that the principles and doctrines of the criminal law preserve justice and do not sacrifice individuals for the common welfare. Engagingly written, the essays are accessible to non-specialists and represent an excellent introduction to current issues and debates in the theory of criminal law.

    • Practice of law

Summary Offences in Victoria


Author: Kyle McDonald
Publisher: N.A
ISBN: 9780455237039
Category: Practice of law
Page: 414
View: 8752
Summary Offences in Victoria is an essential resource for legal practitioners and police, assisting those who have responsibility for charging defendants and for prosecuting and defending them in Victoria's Magistrates' Courts. It is also an invaluable and highly accessible guide for students of law and legal studies.

    • Law

From Personal Life to Private Law


Author: John E. Gardner
Publisher: Oxford University Press
ISBN: 0198818750
Category: Law
Page: 256
View: 8743
Mounting a lawsuit against someone who has wronged you is a prospect no less fearful than being on the receiving end of such a lawsuit. Litigation in the courts has a reputation for being a byzantine process far removed from ordinary life, often failing to address people's real grievances while adding to their pain. Yes, there is money to be had if you win. But beyond that, what is it all in aid of? In this book John Gardner argues that, in spite of their legal intricacy, many of the questions that perennially occupy the courts in civil cases are actually timeless puzzles about the human condition. The architecture of the law of torts and the law of contract turns out to track the contours of personal life much more closely than you might expect. Using a wide range of examples from literature and life as well as law, Gardner explores big questions about our relationships to our own pasts and our own futures as well as to other people. What are friends for? Why does it matter how your actions turn out? What is the good of saying sorry? Why regret your mistakes? How can anyone be compensated for an irreversible loss? Why would you want to hold onto the life you already have? And what does any of this have to do with all those protracted legal disputes about damaged cars, ruined holidays, and leaky roofs?

Woods on Road Traffic Offences


Author: Matthew Kenny,Oisín Clarke,Mark O'Sullivan
Publisher: Bloomsbury Professional
ISBN: 9781784512057
Category:
Page: 1104
View: 6250
Woods on Road Traffic Offences covers the investigation, prosecution and the hearing of offence cases and is set out in a straightforward and helpful manner. The statutory provision is set out along with the potential penalties and possible defences. Written by Matthew Kenny, who specialises in road traffic law, this text provides a single point of reference for road traffic law. Covers the following topics: Detecting Traffic Violations - Powers and Obligations of Gardai and Motorists; Fixed Charge and Penalty Point Offences; Prosecution of Road Traffic Offences; Summons Procedure - Issue and Service of Summons; Arrest of Person for Suspected or Alleged Offence; Conduct of Court Proceedings; Appeal, Set Aside, Review Petition and Mitigation; Driving Licences; Speeding Offences; Compulsory Insurance of Mechanically Propelled Vehicles; Dangerous Driving, Careless Driving; Duties on Occurrence of Accidents; Unauthorized taking, interfering with, Vehicles; Intoxicant Offences; Testing, Examination and Control of Vehicles; Regulation of Traffic; Parking and Obstruction Offences; Control of Weight of Vehicles; Control of Supply, Construction, Equipment and Use of Vehicles; Lighting of Vehicles; Registration and Licensing of Vehicles; Provisions governing the Operation of Public Service Vehicles; Provisions relating to Road Transport Operations; Roads Acts 1993 and 1998; Mineral Oil and Excise Prosecutions; Miscellaneous Statutory Provisions. Oisín Clarke BL is a practising barrister specialising in criminal law and road traffic offences. Oisín has considerable experience in defending intoxicated driving offences and a large part of his practice comprises the defence of criminal cases at both trial and appellate level. He also specialises in judicial review in which he appears for both State parties and private citizens. Oisín has also written and lectured extensively on road traffic legislation and offences. Mark O'Sullivan is a partner with O'Sullivan Kenny Solicitors, a firm specialising in criminal defence, road traffic law and related areas. Mark has represented clients in the District Court; The Circuit Court; The Central Criminal Court; The Court of Criminal Appeal and the Supreme Court. He appears daily in the District Court where he represents clients charged with all criminal and road traffic offences. Mark is a volunteer with the Free Legal Advice Centre (FLAC) with whom he has been working with since 2014. Matthew Kenny is the co-founder of O'Sullivan Kenny Solicitors, a Road Traffic Specialist Solicitors Practice in Dublin. He has worked extensively in the trial department, and so he has wide experience of all aspects of criminal defence matters. He has a particular interest in Road Traffic cases, and wrote a CPD guide to Road Traffic Law for a major on-line education provider.

    • Law

Human Rights and Criminal Procedure

The Case Law of the European Court of Human Rights
Author: Jeremy McBride
Publisher: Council of Europe
ISBN: 9789287166890
Category: Law
Page: 398
View: 1713
This handbook is intended to assist judges, lawyers and prosecutors to take account of the many requirements of the European Convention on Human Rights - both explicit and implicit - for the criminal process when interpreting and applying Codes of Criminal Procedure and comparable or related legislation. It does so through extracts from key rulings of the European Court of Human Rights and the former European Commission of Human Rights dealing with complaints about violations of Convention rights and freedoms in the course of the investigation, prosecution and trial of alleged offences, as well as in the course of appellate and various other proceedings linked to the criminal process. The extracts are significant not only because the mere text of the Convention is insufficient to indicate the scope of what is entailed by it but also because the circumstances of the cases selected give a sense of how to apply the requirements in concrete situations.


    • Law

Effective Criminal Defence in Europe


Author: N.A
Publisher: Intersentia Uitgevers N V
ISBN: N.A
Category: Law
Page: 657
View: 5747
Based on a three year research study, the book explores and compares access to effective defence in criminal proceedings across nine European jurisdictions that constitute examples of the three major legal traditions in Europe, inquisitiorial, adversarial and post-state socialist: Belgium, England & Wales, Finland, France, Germany, Hungary, Italy, Poland and Turkey. --

    • Dispute resolution (Law)

Blackstone's Guide to the Protection from Harassment Act 1997


Author: Timothy Lawson-Cruttenden,Neil Addison
Publisher: Wm Gaunt & Sons
ISBN: N.A
Category: Dispute resolution (Law)
Page: 93
View: 5758
Originally introduced to deal with the problem of "stalking", the Protection from Harassment Act 1997 covers many types of public order and personal dispute situations such as industrial strikes, neighbourhood disputes, investigative reporters and bullying at work. The Act will therefore havewidespread implications for both civil and criminal practitioners. This new guide examines the background of the new law and its likely impact. It details the Act and gives practical advice to both civil and criminal lawyers, the police and the courts who will have to apply the new legislation. Particular attention is given to the complex relationship betweencivil and criminal remedies introduced by the Act and also to the likely impact of criminal courts being given the power to make injunction style restraining orders. The guide is intended for civil and criminal practitioners, advisory agencies, the police and the courts.