Advertisement
| principles of criminal liability: General Principles of Criminal Law Jerome Hall, 2010 The Most Important Treatise on Criminal Law Produced by American Legal Scholarship First published to great acclaim in 1947, Hall's General Principles of Criminal Law is one of the undisputed classics in its field. It provides more than a broad overview. Drawing on his expertise in jurisprudence and the work of the legal realists, it analyzes the principles that comprise criminal activity with an emphasis on its creation and definition by officials. This process is explored in the chapters on criminology, criminal theory and penal theory and, in more specific terms, the chapters on legality, mens rea, harm, causation, punishment, strict liability, ignorance and mistake, necessity and coercion, mental disease, intoxication and criminal attempt. For many years, our standard work on criminal law has been Bishop's. First published in 1856, Bishop's is the only American book in the field that has conspicuously influenced our criminal law. (...) When Jerome Hall's, General Principles of Criminal Law (1947) appeared, it represented the first significant effort to articulate the principles of criminal law since Bishop's era. Hall's work may, in fact, represent the most important treatise on criminal law produced by American legal scholarship. --Fred Cohen, Journal of Legal Education 16 (1963-64) 260. |
| principles of criminal liability: Principles of Criminal Law A. P. Simester, Warren J. Brookbanks, Gerald Orchard, 2002-01-01 |
| principles of criminal liability: Corporate Criminal Liability Mark Pieth, Radha Ivory, 2011-04-20 With industrialization and globalization, corporations acquired the capacity to influence social life for good or for ill. Yet, corporations are not traditional objects of criminal law. Justified by notions of personal moral guilt, criminal norms have been judged inapplicable to fictional persons, who ‘think’ and ‘act’ through human beings. The expansion of new corporate criminal liability (CCL) laws since the mid-1990s challenges this assumption. Our volume surveys current practice on CCL in 15 civil and common law jurisdictions, exploring the legal conditions for liability, the principles and options for sanctioning, and the procedures for investigating, charging and trying corporate offenders. It considers whether municipal CCL laws are converging around the notion of ‘corporate culture’, and, in any case, the implications of CCL for those charged with keeping corporations, and other legal entities, out of trouble. |
| principles of criminal liability: On the Principles of Criminal Law Caroline Frances Cornwallis, 1846 |
| principles of criminal liability: Distributive Principles of Criminal Law Paul H. Robinson, 2008 Drawing from the existing theoretical literature and adding to it recent insights from the social sciences, Paul Robinson describes the nature of the practical challenge in setting rational punishment principles, how past efforts have failed, and the alternatives that have been tried. |
| principles of criminal liability: Ashworth's Principles of Criminal Law Jeremy Horder, 2016 Ashworth's Principles of Criminal Law, now in its eight edition, takes a distinctly different approach to the study of criminal law, whilst still covering all of the vital topics found on criminal law courses. Uniquely theoretical, it seeks to elucidate the underlying principles and theoretical foundations of the criminal law, and aims to critically engage readers by contextualizing and analysing the law. This is essential reading for students seeking a sophisticated and critically engaging exploration of the subject. The text is accompanied by an Online Resource Centre housing a full bibliography as well as a selection of useful web links. |
| principles of criminal liability: Intention, Agency and Criminal Liability Antony Duff, 1990-01 |
| principles of criminal liability: Criminal Law in Poland Wojciech Jasiński, Karolina Kremens, 2019-07-10 Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a practical analysis of criminal law in Poland. An introduction presents the necessary background information about the framework and sources of the criminal justice system, and then proceeds to a detailed examination of the grounds for criminal liability, the justification of criminal offences, the defences that diminish or excuse criminal liability, the classification of criminal offences, and the sanctions system. Coverage of criminal procedure focuses on the organization of investigations, pre-trial proceedings, trial stage, and legal remedies. A final part describes the execution of sentences and orders, the prison system, and the extinction of custodial sanctions or sentences. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for criminal lawyers, prosecutors, law enforcement officers, and criminal court judges handling cases connected with Poland. Academics and researchers, as well as the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study of comparative criminal law. |
| principles of criminal liability: Positive Obligations in Criminal Law Andrew Ashworth, 2013-08-21 This book offers a set of essays, old and new, examining the positive obligations of individuals and the state in matters of criminal law. The centrepiece is a new, extended essay on the criminalisation of omissions-examining the duties to act imposed on individuals and organisations by the criminal law, and assessing their moral and social foundations. Alongside this is another new essay on the state's positive obligations to put in place criminal laws to protect certain individual rights. Introducing the volume is the author's much-cited essay on criminalisation, 'Is the Criminal Law a Lost Cause?'. The book sets out to shed new light on contemporary arguments about the proper boundaries of the criminal law, not least by exploring the justifications for imposing positive duties (reinforced by the criminal law) on individuals and their relation to the positive obligations of the state. |
| principles of criminal liability: Fundamentals of Criminal Law Andrew Simester, 2021-02-04 Written by a noted expert in criminal law, this book explores the philosophical underpinnings of the law's major doctrines concerning actus reus, mens rea, and defences, showing that they are not always driven by culpability. They are grounded also in principles of moral responsibility, ascriptive responsibility, and wrongdoing. As such, they engage wider debates about wrongdoing, and about the boundaries between liability and freedom. This multi-textured analysis allows this book to take more nuanced positions about many important controversies in criminal law. It argues, for example, that liability for omissions and for negligence-and even some strict liability elements-can sometimes be legitimate yet, at the same time, should be relatively rare. It also explains why principles of causation can differ in the criminal law from other contexts; what is wrong with the 'voluntary act' requirement; and why luck can affect the wrongs we commit without changing our degree of blameworthiness for committing them. The book concludes with an account of the major types of defences, and of how they interact with an agent's wrong and her underlying motivations. This volume presents a coherent and rich vision of the criminal law that, by its sheer breadth, makes a distinctive contribution to the literature, of interest to lawyers and philosophers alike. |
| principles of criminal liability: Corporate Criminal Liability Amanda Pinto, Martin Evans, 2021 |
| principles of criminal liability: Overcriminalization Douglas Husak, 2008-01-08 The United States today suffers from too much criminal law and too much punishment. Husak describes the phenomena in some detail and explores their relation, and why these trends produce massive injustice. His primary goal is to defend a set of constraints that limit the authority of states to enact and enforce penal offenses. The book urges the weight and relevance of this topic in the real world, and notes that most Anglo-American legal philosophers have neglected it. Husak's secondary goal is to situate this endeavor in criminal theory as traditionally construed. He argues that many of the resources to reduce the size and scope of the criminal law can be derived from within the criminal law itself-even though these resources have not been used explicitly for this purpose. Additional constraints emerge from a political view about the conditions under which important rights such as the right implicated by punishment-may be infringed. When conjoined, these constraints produce what Husak calls a minimalist theory of criminal liability. Husak applies these constraints to a handful of examples-most notably, to the justifiability of drug proscriptions. |
| principles of criminal liability: The Handbook of Comparative Criminal Law Kevin Jon Heller, Markus Dubber, 2010-12-01 This handbook explores criminal law systems from around the world, with the express aim of stimulating comparison and discussion. General principles of criminal liability receive prominent coverage in each essay—including discussions of rationales for punishment, the role and design of criminal codes, the general structure of criminal liability, accounts of mens rea, and the rights that criminal law is designed to protect—before the authors turn to more specific offenses like homicide, theft, sexual offenses, victimless crimes, and terrorism. This key reference covers all of the world's major legal systems—common, civil, Asian, and Islamic law traditions—with essays on sixteen countries on six different continents. The introduction places each country within traditional distinctions among legal systems and explores noteworthy similarities and differences among the countries covered, providing an ideal entry into the fascinating range of criminal law systems in use the world over. |
| principles of criminal liability: The Oxford Handbook of Criminal Law Markus Dirk Dubber, Tatjana Hörnle, 2014 Providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field, The Oxford Handbook of Criminal Law takes a broad approach to its subject matter - disciplinarily, geographically, and systematically. |
| principles of criminal liability: Core Concepts in Criminal Law and Criminal Justice Kai Ambos, Antony Duff, Julian Roberts, Thomas Weigend, Alexander Heinze, 2020-01-16 A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law. |
| principles of criminal liability: Actus Reus and Participation in European Criminal Law Johannes Keiler, 2013 With the coming into force of the Treaty of Lisbon, the competences of the European Union in the realm of criminal law have greatly expanded. The EU, in a multitude of legislative instruments, requires its Member States to criminalize a big variety of harmful conducts. However, the criminal law legislation of the EU has, so far, almost exclusively focused on specific criminal offenses and has failed to develop and define general principles of criminal law. The EU frequently refers to conduct, attempt, and participation in its legislation, but fails to determine what these concepts should denote. As a result, the scope of European criminal law may differ among European countries as Member States will apply their national doctrines to European legislation. This book steps into this lacuna by establishing what actus reus and rules on participation should look like in European criminal law. In addition, it investigates inchoate offenses and corporate criminal liability. How should the doctrines of conduct, omission, and causation be defined? How to attribute liability in case several people cooperate to bring about a criminal result? What should preparing and attempting a crime denote in European criminal law and how can corporations best be held responsible for the harm they have caused? To answer these questions, this book distills common general principles on actus reus, participation, inchoate and corporate liability from the national criminal justice systems of the Member States, as well as from EU law. These results are subsequently merged into coherent principles of European criminal law. The author, Dr. Johannes Keiler, was awarded the prestigious criminal law Modderman Prize for this book in 2014. (Series: School of Human Rights Research - Vol. 60) |
| principles of criminal liability: Principles of International Criminal Law Gerhard Werle, Florian Jessberger, 2014 Principles of International Criminal Law is one of the leading textbooks in the field. This third edition builds on the highly-successful work of the previous editions, setting out the general principles governing international crimes as well as the fundamentals of both substantive and procedural international criminal law. |
| principles of criminal liability: Mapping American Criminal Law Paul H. Robinson, Tyler Scot Williams, 2018-06-15 Containing 40 visually coded maps of the fifty states, this book offers an unprecedented look at America's diverse legal landscape. This first-of-its-kind volume sketches the diversity implicit in United States criminal law doctrine through its examination of a range of criminal laws pertaining to murder, sexual assault, drug offenses, the insanity defense, and more and the way in which different states deal with those issues. In addition to providing insights into the most widely invoked standards in criminal law, it raises awareness of the enormous discrepancies among the criminal laws of states, documenting them using dozens of visually coded maps that showcase geographic, political, and socioeconomic differences to explain patterns of agreement and disagreement. Mapping American Criminal Law: Variations Across the 50 States is for political scientists, criminologists, sociologists, legal scholars, policy advisors, legislators, lawyers, judges, and scholars and students of these fields. In addition, each chapter is highly accessible to laypersons and includes an explanation of the subject matter as well as explanations of the various approaches to criminal law taken by states. |
| principles of criminal liability: Criminal Law Jonathan Herring, 2007 This text provides an introduction to criminal law. It includes discussion of important case law developments in the law of provocation, consent, conspiracy and duress, and also discusses the Law Commission's proposals on the law of murder. |
| principles of criminal liability: The Principle of Legality in European Criminal Law Christina Peristeridou, 2015 This book develops a theory for the principle of legality in European criminal law. Its focus is on the legitimising and normative functions of this principle. |
| principles of criminal liability: The Limits of Criminal Law Matthew Dyson, Benjamin Vogel, 2018 From a framework of core principles, 'The Limits of Criminal Law' explores the normative and performative limits of criminal law at the borders of crime with tort, non-criminal enforcement, medical law, business regulation, administrative sanctions, terrorism and intelligence law. It carefully juxtaposes and compares English and German law on each of these borders, drawing out underlying concepts and building a detailed picture of what shapes criminal law, where its limits come from, and what might motivate legal systems to strain, ignore or strengthen those limits. |
| principles of criminal liability: Criminal Law and Criminal Justice Amy Elkington, 2025-06-18 Criminal Law and Criminal Justice: Morals and Policy goes beyond the traditional criminal law textbook and invites students to question why we criminalise certain behaviour and whether the decisions made by the courts can be justified according to legal principle, morals and policy. Providing an overview not only of the legal doctrine of criminal law, but also of the underpinning theory behind the legal doctrine, the book encourages critical thinking around the context behind, and implementation of, legal decisions. It applies this to current issues, such as respect for personal autonomy, prevention of domestic abuse and discouraging gang activity, whilst providing a clear overview of the law relating to actus reus, mens rea, property offences, homicide, non-fatal offences, sexual offences, accessorial liability, and defences. Using hypothetical scenarios, students will develop an understanding of why certain rules exist and then be able to critically analyse why certain behaviour is criminalised. An in-depth study of several key cases will show how the rules and theory play out in practice, and students will examine how morals and policy have influenced these decisions. Featuring thinking points as well as further reading suggestions, this textbook is suitable for all students of criminal law, as well as for those studying jurisprudence. |
| principles of criminal liability: Principles of Law M.E. Bayles, 2012-12-06 During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the do main of a few isolated scholars in law and philosophy. Hundreds of scho lars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from both the Anglo American and European traditions. Not only does it help make some of the best work available to an international audience, but it also en courages increased awareness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, aIthouogh some eidted volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of inter nationally renowned scholars. |
| principles of criminal liability: Understanding Criminal Law Christopher M. V. Clarkson, 2005 This study seeks to present the key principles of criminal law in a comprehensive and readable style. Concentrating on the more theoretical issues, the main focus is on the general principles of criminal liability. |
| principles of criminal liability: The African Court of Justice and Human and Peoples' Rights in Context Charles C. Jalloh, Kamari M. Clarke, Vincent O. Nmehielle, 2019-05-16 This volume analyses the prospects and challenges of the African Court of Justice and Human and Peoples' Rights in context. The book is for all readers interested in African institutions and contemporary global challenges of peace, security, human rights, and international law. This title is also available as Open Access on Cambridge Core. |
| principles of criminal liability: The Concept of Mens Rea in International Criminal Law Mohamed Elewa Badar, 2013-01-30 The purpose of this book is to find a unified approach to the doctrine of mens rea in the sphere of international criminal law, based on an in-depth comparative analysis of different legal systems and the jurisprudence of international criminal tribunals since Nuremberg. Part I examines the concept of mens rea in common and continental legal systems, as well as its counterpart in Islamic Shari'a law. Part II looks at the jurisprudence of the post-Second World War trials, the work of the International Law Commission and the concept of genocidal intent in light of the travaux préparatoires of the 1948 Genocide Convention. Further chapters are devoted to a discussion of the boundaries of mens rea in the jurisprudence of the International Criminal Tribunals for the former Yugoslavia and Rwanda. The final chapter examines the definition of the mental element as provided for in Article 30 of the Statute of the International Criminal Court in light of the recent decisions delivered by the International Criminal Court. The study also examines the general principles that underlie the various approaches to the mental elements of crimes as well as the subjective element required in perpetration and participation in crimes and the interrelation between mistake of law and mistake of fact with the subjective element. With a Foreword by Professor William Schabas and an Epilogue by Professor Roger Clark From the Foreword by William Schabas Mohamed Elewa Badar has taken this complex landscape of mens rea at the international level and prepared a thorough, well-structured monograph. This book is destined to become an indispensable tool for lawyers and judges at the international tribunals. From the Epilogue by Professor Roger Clark This is the most comprehensive effort I have encountered pulling together across legal systems the 'general part' themes, especially about the 'mental element', found in confusing array in the common law, the civil law and Islamic law. In this endeavour, Dr Badar's researches have much to offer us. |
| principles of criminal liability: Mens Rea and Defences in European Criminal Law Jeroen Blomsma, 2012 Based on the author's thesis (Ph.D)--Maastricht University. |
| principles of criminal liability: Criminal Law in the USA D. Scott Broyles, 2015 Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a practical analysis of criminal law in the USA. An introduction presents the necessary background information about the framework and sources of the criminal justice system, and then proceeds to a detailed examination of the grounds for criminal liability, the justification of criminal offences, the defences that diminish or excuse criminal liability, the classification of criminal offences, and the sanctions system. Coverage of criminal procedure focuses on the organization of investigations, pre-trial proceedings, trial stage, and legal remedies. A final part describes the execution of sentences and orders, the prison system, and the extinction of custodial sanctions or sentences. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for criminal lawyers, prosecutors, law enforcement officers, and criminal court judges handling cases connected with the USA. Academics and researchers, as well as the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study of comparative criminal law. |
| principles of criminal liability: Multilayered Structures of International Criminal Law Hiromi Sato, 2021-10-01 This book discusses the multilayered legal structures concerning the regulation of crimes under international law. It covers both core crimes and other types of crime under international law, and examines relevant substantive and procedural rules alike. Pursuing such a comprehensive approach is essential to understanding the basic frameworks of international criminal law, since the varied perspectives on international crimes are connected to different systems of enforcement. Being aware of this interrelatedness is conducive to an in-depth examination of individual topics in both substantive and procedural aspects. On the basis of such an inquiry, this book concisely provides a systematic overview of international criminal law. |
| principles of criminal liability: Individual Criminal Responsibility for the Financing of Entities involved in Core Crimes Laura Ausserladscheider Jonas, 2021-12-28 War crimes, crimes against humanity, genocide and the crime of aggression (so-called ‘core crimes’) often could not be committed without financial assistance. This book examines the basis for individual criminal liability under international law for persons who finance core crimes. Despite the need for clear rules, neither international courts nor scholars agree upon whether or not, or under what circumstances, such liability exists. To determine the minimum standard of liability, this work analyses the legal rules relating to complicity, both under international criminal law and domestically in twenty selected jurisdictions in Africa, Asia, Europe, Latin America, North America and Oceania. The aim of these analyses is to determine whether there are general principles of law recognised by the community of States regarding the minimum standard of liability for aiders and abettors. This book proposes a comparative framework for assessing legal rules relating to complicity, and it advances a normative claim as to how legal rules should be structured concerning the criminal responsibility of individuals who finance the commission of core crimes. The analysis of the applicable international law and the comparative analysis of national jurisdictions lead to the conclusion that, currently, the minimum standard of knowledge for aiding and abetting is active knowledge. However, the author argues that this standard should be revised to include wilful blindness. Regarding the intent requirement, the analyses find that dolus eventualis is included in the definition of intent. |
| principles of criminal liability: Principles of Criminal Liability in Nigerian Law T. Akinola Aguda, Isabella E. Okagbue, 1990 |
| principles of criminal liability: Clarkson and Keating Criminal Law Christopher M. V. Clarkson, Sally Kyd, Heather M. Keating, Dr Mark Austin Walters, Tracey Elliott, Mark Austin Walters, 2017-07-31 Clarkson and Keating's Criminal Law: Text and Materials examines the main principles and rules of criminal law and explores the theoretical bases upon which they are founded in an easily digestible text. The work combines the best features of a standard 'textbook' with those of a 'materials' book to provide guidance and direction on the law, whilst presenting a substantial amount of key primary material selected from a diversity of sources |
| principles of criminal liability: Justice in Extreme Cases Darryl Robinson, 2020-12-17 In Justice in Extreme Cases, Darryl Robinson argues that the encounter between criminal law theory and international criminal law (ICL) can be illuminating in two directions: criminal law theory can challenge and improve ICL, and conversely, ICL's novel puzzles can challenge and improve mainstream criminal law theory. Robinson recommends a 'coherentist' method for discussions of principles, justice and justification. Coherentism recognizes that prevailing understandings are fallible, contingent human constructs. This book will be a valuable resource to scholars and jurists in ICL, as well as scholars of criminal law theory and legal philosophy. |
| principles of criminal liability: United States Attorneys' Manual United States. Department of Justice, 1988 |
| principles of criminal liability: Principles of Criminal Law Andrew Ashworth, Jeremy Horder, 2013-05-16 Provides a refined analysis of the theoretical foundations which shape the statutory provisions and case law--Page 4 of cover. |
| principles of criminal liability: Business Law I Mirande Valbrune, Renee De Assis, Suzanne Cardell, Tess C. Taylor, Natalie Sappleton, C. M. Mitchell, Kenneth Mitchell-Phillips, 2019 Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions.--website. |
| principles of criminal liability: The Evidence Act 2006 Richard Mahoney, 2010 |
| principles of criminal liability: SOU-CCJ230 Introduction to the American Criminal Justice System Alison Burke, David Carter, Brian Fedorek, Tiffany Morey, Lore Rutz-Burri, Shanell Sanchez, 2019 |
| principles of criminal liability: Comparative Concepts of Criminal Law Johannes Keiler, David Roef, 2016 Comparative Concepts of Criminal Law is unique in the sense that it introduces the reader to the fundamental concepts and rules of substantive criminal law in a comparative way and not just to the criminal law system of one specific jurisdiction. |
PRINCIPLE Definition & Meaning - Merriam-Webster
a comprehensive and fundamental law, doctrine, or assumption; a rule or code of conduct; habitual devotion to …
Principles by Ray Dalio
Ray Dalio, one of the world’s most successful investors and entrepreneurs, shares the unconventional principles …
Principle - Definition, Meaning & Synonyms | Vocabulary.com
A principle is a kind of rule, belief, or idea that guides you. You can also say a good, ethical person has a lot of …
PRINCIPLE | English meaning - Cambridge Dictionary
Principal as an adjective means ‘most important’: … [ C ] His guiding principle is that everyone should have equal …
Principle - Wikipedia
There are many principles observed in physics, notably in cosmology which observes the mediocrity principle, …
PRINCIPLE Definition & Meaning - Merriam-Webster
a comprehensive and fundamental law, doctrine, or assumption; a rule or code of conduct; habitual devotion to right principles… See the full definition
Principles by Ray Dalio
Ray Dalio, one of the world’s most successful investors and entrepreneurs, shares the unconventional principles that helped him create unique results in life and business.
Principle - Definition, Meaning & Synonyms | Vocabulary.com
A principle is a kind of rule, belief, or idea that guides you. You can also say a good, ethical person has a lot of principles.
PRINCIPLE | English meaning - Cambridge Dictionary
Principal as an adjective means ‘most important’: … [ C ] His guiding principle is that everyone should have equal access to high-quality health care. [ C ] He refused to compromise his …
Principle - Wikipedia
There are many principles observed in physics, notably in cosmology which observes the mediocrity principle, the anthropic principle, the principle of relativity and the cosmological principle. Other …
PRINCIPLE Definition & Meaning | Dictionary.com
Principle, canon, rule imply something established as a standard or test, for measuring, regulating, or guiding conduct or practice. A principle is a general and fundamental truth that may be used in …
PRINCIPLE definition and meaning | Collins English Dictionary
A principle is a general belief that you have about the way you should behave, which influences your behaviour. Buck never allowed himself to be bullied into doing anything that went against his …
principle noun - Definition, pictures, pronunciation and usage …
Definition of principle noun from the Oxford Advanced Learner's Dictionary. [countable, usually plural, uncountable] a moral rule or a strong belief that influences your actions. He has high …
Principle Definition & Meaning | Britannica Dictionary
In principle, making the changes should be a simple matter, but there may be problems we haven't thought of. They accepted the offer in principle. Do not confuse principle with principal.
Principle Definition & Meaning - YourDictionary
Principle definition: A basic truth, law, or assumption.
