Crime, Reason and History: A Critical Introduction to Criminal LawCambridge University Press, 2001 - 304 páginas Crime, Reason and History provides an alternative approach to the study of the general principles of criminal law. It emphasises, in contrast to orthodox texts, the tensions and contradictions at the law's heart. The author outlines the themes of responsibility, rationality and justice which govern the orthodox criminal law text. He traces these to the early nineteenth century reform of the criminal law and notes conflicts within reform ideologies relating to the idea of the 'responsible individual'. He then takes the reader through the bulk of the criminal law's 'general part' showing how conflicts from reform ideology emerge within criminal law. An historical and political logic underlies its illogicalities, giving it its 'shape'. The author presents a sceptical critique of the liberal positivist tradition in criminal law scholarship, and a social analysis of both its practical necessity and intellectual impossibility. He shows how the ideology of individual legal justice was imposed as a means of excluding alternative political voices, while recognising its importance for the survival of the liberal polity. |
Contenido
A brief history of the ancient juridical city of Fictionopolis I | 1 |
CHAPTER I | 7 |
CHAPTER | 15 |
CHAPTER 3 | 35 |
CHAPTER 4 | 59 |
3 | 65 |
THE HISTORICAL ROOTS OF RECKLESSNESS | 76 |
CHAPTER 6 | 109 |
CONCLUSION | 171 |
THE LEGAL DEFENCES | 179 |
THE POLITICS | 185 |
CONCLUSION | 193 |
CHAPTER 10 | 199 |
THE INTERNAL DYNAMIC | 218 |
2 | 225 |
Notes | 234 |
ACTS | 111 |
CONCLUSION | 132 |
ANALYSING THE CAUSATION CASES | 141 |
CONCLUSION | 149 |
DURESS | 164 |
253 | |
265 | |
271 | |
Otras ediciones - Ver todas
Crime, Reason and History: A Critical Introduction to Criminal Law Alan William Norrie Sin vista previa disponible - 2001 |
Términos y frases comunes
abstract accused actions analysis appears approach argued argument Ashworth basis causation cause Chapter circumstances claim classes committed concept concerned condition conduct consequence consider context conviction corporate court crime criminal law death decision defence definition deterrence discussion distinction doctrine duress duty effect element established example exclude excuse existence fact fault Hart historical human ideology individual insanity intention involuntariness involves issue judges judgment jury justice killing law's liability liberal limits logic London Lord matter means mental mind moral motive murder narrow nature necessity negligence normal objective offence omissions operates Oxford particular person political position possible practical principle problem psychiatry punishment question rational reason recklessness recognised reform regard relation remains responsibility result Review risk rule seen sentencing situations Smith social society subjective suggests theory underlying voluntary wrong