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Punishment And Freedom

Author: Alan Brudner
Publisher: OUP Oxford
ISBN: 0191633283
Size: 23.15 MB
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This book sets out a new understanding of the penal law of a liberal legal order. The prevalent view today is that the penal law is best understood from the standpoint of a moral theory concerning when it is fair to blame and censure an individual character for engaging in proscribed conduct. By contrast, this book argues that the penal law is best understood by a political and constitutional theory about when it is permissible for the state to restrain and confine a free agent. The book's thesis is that penal action by public officials is permissible force rather than wrongful violence only if it could be accepted by the agent as being consistent with its freedom. There are, however, different conceptions of freedom, and each informs a theoretical paradigm of penal justice generating distinctive constraints on state coercion. Although this plurality of paradigms creates an appearance of fragmentation and contradiction in the law, the author argues that the penal law forms a complex whole uniting the constraints on punishment flowing from each paradigm.

Fitness To Plead

Author: Ronnie Mackay
Publisher: Oxford University Press
ISBN: 0191092703
Size: 16.99 MB
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The law relating to fitness to plead is an increasingly important area of the criminal law. While criminalization may be justified whenever an offender commits a sufficiently serious moral wrong requiring that he or she be called to account, the doctrine of fitness to plead calls this principle into question in the case of a person who lacks the capacity or ability to participate meaningfully in a criminal trial. In light of the emerging focus on capacity-based approaches to decision-making and the international human rights requirement that the law should treat defendants fairly, this volume offers a benchmark for the theory and practice of fitness to plead, providing readers with a unique opportunity to consider differing perspectives and debate on the future development and direction of a doctrine which has up till now been under-discussed and under-researched. The fitness to plead rules stand as an exception to notions of public accountability for criminal wrongdoing yet, despite the doctrine's long-standing function in criminal procedure, it has proven complex to apply in practice and has given rise to many varied legislative models and considerable litigation in different jurisdictions. Particularly troublesome is the question of what is to be done with someone who has been found unfit to stand trial. Here the law is required to balance the need to protect those defendants who are unable to participate effectively in their own trial, whether permanently or for a defined period, and the need to protect the public from people who may have caused serious social harm as a result of their antisocial behaviour. The challenge for law reformers, legislators, and judges, is to create rules that ensure that everyone who can properly be tried is tried, while seeking to preserve confidence in the fairness of the legal system by ensuring that people who cannot properly engage in the criminal trial process are not forced to endure it.

The Preventive Turn In Criminal Law

Author: Henrique Carvalho
Publisher: Oxford University Press
ISBN: 0191057762
Size: 36.41 MB
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Through a theoretical examination of the preventive turn in criminal law and justice which has gained momentum in Anglo-American criminal justice systems since the late-twentieth century, The Preventive Turn in Criminal Law demonstrates how recent transformations in criminal law and justice are intrinsically related to and embedded in the way liberal society and liberal law have been imagined, developed, and conditioned by its social, political, and historical context. Henrique Carvalho identifies a tension between the idea of punishment as an expression of individual justice, and prevention as a manifestation of the need for security and the promotion of welfare. Tracing this tension back to an intrinsic ambivalence within the modern conception of individual liberty, which is both repressed and preserved by liberal conceptions of responsibility and punishment, Carvalho proves that as long as this ambivalence remains unexamined, liberal law has the potential to both promote and undermine individual justice. Engaging with the dominant contemporary literature on criminal law, prevention, risk, security, and criminalisation, this volume deploys a theoretical perspective developed through a critical analysis of both classical and contemporary works of social and political theory. The book reveals that the pervasiveness of prevention in 21st century criminal justice systems represents not only the consequence of new and unprecedented features of contemporary politics and society, but also the manifestation of essential aspects of the liberal legal and political tradition.

Criminal Misconduct In Office

Author: Jeremy Horder
Publisher: Oxford University Press
ISBN: 0192556878
Size: 28.64 MB
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Should the criminal law be used to deter and punish corruption in politics: from employing family members at public expense to improper spending on elections, lobbying, and cronyism? How did so many MPs avoid facing charges after the 2009 government expenses scandal? In this book, Jeremy Horder tackles these questions and more. As well as offering the first treatment of the history, philosophy, and politics of the application of the offence of misconduct in office to Members of Parliament in England and Wales, Horder explains how political corruption might be dealt with in future, and how politicians could be held accountable for their actions so that they are deterred from betraying the public's trust. Use of the criminal law should not be the sole or even the main way to remedy all corruption in politics. Nevertheless, for too long the offence of misconduct in a public office has had an ambiguous status in the political realm. If we are to preserve the good health of government it must be seen as a constitutional fundamental. A charge of misconduct provides a way in which corrupt conduct on the part of legislators can be punished with an appropriate label, holding them to account for the misuse of power by reference to the standards of ordinary people. When other - civil law or regulatory - means prove insufficient, it should be possible for ordinary members of a jury, and not for Parliamentarians or other officials, to decide whether, for example, the expenditure of public money on legislators' private income and benefits amounts to a criminal abuse of the public's trust. This book offers an authoritative and accessible account of a 'bottom-up' (jury standards-led), as opposed to a 'top-down' (officials applying their own standards), approach to the role of the criminal law in constitutional contexts.

Homicide And The Politics Of Law Reform

Author: Jeremy Horder
Publisher: Oxford University Press
ISBN: 0199561915
Size: 79.51 MB
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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.

Criminal Attempts

Author: Antony Duff
Publisher: Oxford University Press
ISBN: 9780198262688
Size: 12.80 MB
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The study of the law of attempts is a productive route into a number of issues in criminal law theory and in the philosophy of action. By identifying the legal doctrines which courts and legislatures have developed or adopted, the author goes on to ask whether and how they can be rationalized or rendered persuasive.

The Insecurity State

Author: Peter Ramsay
Publisher: OUP Oxford
ISBN: 0191627569
Size: 23.61 MB
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The Insecurity State is a book about the recent emergence of a 'right to security' in the UK's criminal law. The Insecurity State sets out from a detailed analysis of the law of the Anti-Social Behaviour Order and of the Coalition government's proposed replacement for it. It shows that the liabilities contained in both seek to protect a 'freedom from fear'and that this 'right to security' explains a lot of other recently enacted criminal offences. This book identifies the normative source of this right to security in the idea of vulnerable autonomy. It demonstrates that the vulnerability of autonomy is an axiomatic assumption of political theories that have enjoyed a preponderant influence right across the political mainstream. It considers the influence of these normative commitments on the policy of both the New Labour and the Coalition governments. The Insecurity State then explores how the wider contemporary criminal law also institutionalizes the right to security, and how this differs from the law's earlier protection of security interests. It examines the right to security, and its attendant penal liabilities, in the context of both human rights protection and normative criminal law theories. Finally the book exposes the paradoxical claims about the state's authority that are entailed by penal laws that assume the vulnerability of the normal, representative citizen. The Insecurity State offers a criminal law theory that is unorthodox in both its method and its content: BLIt is focused on a contemporary development in the 'special part' of the criminal law rather than the law's general principles. BLIt is an explanatory political sociology of substantive criminal law rather than the more familiar normative theory; but it is an explanatory theory that seeks to understand the law's historical development through an investigation of the changing character of its normative order. BLIt does not apply a pre-existing sociological or philosophical theory to the law; rather it develops a theoretical explanation from detailed legal analysis and reconstruction of New Labour's penal laws. BLIt concludes that repressive criminal laws have arisen from a deficit of political authority rather than from excessive authoritarianism.

Rethinking Imprisonment

Author: Richard L. Lippke
Publisher: OUP Oxford
ISBN:
Size: 46.78 MB
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This book draws upon philosophical arguments, criminological evidence, and legal literature on prisoners' rights and sentencing to explore the restrictions and deprivations that can be legitimately imposed on serious offenders in the name of punishment.

Die Philosophie Der Freiheit Vollst Ndige Ausgabe

Author: Rudolf Steiner
Publisher: Musaicum Books
ISBN: 8027217490
Size: 79.66 MB
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Diese Ausgabe von "Die Philosophie der Freiheit" wurde mit einem funktionalen Layout erstellt und sorgfältig formatiert. Rudolf Joseph Lorenz Steiner (1861 - 1925) war ein österreichischer Esoteriker und Philosoph. Er begründete die Anthroposophie, eine esoterische Weltanschauung, die an die Theosophie, das Rosenkreuzertum, die Gnosis sowie die idealistische Philosophie anschließt und zu den neumystischen Einheitskonzeptionen der Zeit um 1900 gezählt wird. Auf Grundlage dieser Lehre gab Steiner einflussreiche Anregungen für verschiedene Lebensbereiche, etwa Pädagogik (Waldorfpädagogik), Kunst (Eurythmie, anthroposophische Architektur), Medizin (anthroposophische Medizin), Religion (die Christengemeinschaft) oder Landwirtschaft (biologisch-dynamische Landwirtschaft). Inhalt: Vorrede zur Neuausgabe 1918 Wissenschaft der Freiheit I. Das bewußte menschliche Handeln II. Der Grundtrieb zur Wissenschaft III. Das Denken im Dienste der Weltauffassung IV. Die Welt als Wahrnehmung V. Das Erkennen der Welt VI. Die menschliche Individualität VII. Gibt es Grenzen des Erkennens? Die Wirklichkeit der Freiheit VIII. Die Faktoren des Lebens IX. Die Idee der Freiheit X. Freiheitsphilosophie und Monismus XI. Weltzweck und Lebenszweck (Bestimmung des Menschen) XII. Die moralische Phantasie (Darwinismus und Sittlichkeit) XIII. Der Wert des Lebens (Pessimismus und Optimismus) XIV. Iindividualität und Gattung Die Konsequenzen des Monismus Erster Anhang (Zusatz zur Neuausgabe 1918) Zweiter Anhang