This book reflects the belief that a careful study of the Law of Attempts should be both interesting in itself, as well as being a productive route into a number of larger and deeper 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. Such an approach involves paying detailed attention to cases. The book is also unusual in that it grapples with English, Scots and US law, showing great breadth of...
This book reflects the belief that a careful study of the Law of Attempts should be both interesting in itself, as well as being a productive route in...
When accidents occur and people suffer injuries, who ought to bear the loss? Tort law offers a complex set of rules to answer this question, but up to now philosophers have offered little by way of analysis of these rules. In eight essays commissioned for this volume, leading legal theorists examine the philosophical foundations of tort law. This collection will be of interest to professionals and advanced students working in philosophy of law, social theory, political theory, and law, as well as anyone seeking a better understanding of tort law.
When accidents occur and people suffer injuries, who ought to bear the loss? Tort law offers a complex set of rules to answer this question, but up to...
The trial is central to the institutional framework of criminal justice. It provides the procedural link between crime and punishment, and is the forum in which both guilt and innocence and sentence are determined. Its continuing significance is evidenced by the heated responses drawn by recent British government proposals to reform rules of criminal procedure and evidence so as to alter the status of the trial within the criminal justice process and to limit the role of the jury. Yet for all of the attachment to trial by jury and to principles safeguarding the right to a fair trial there has...
The trial is central to the institutional framework of criminal justice. It provides the procedural link between crime and punishment, and is the foru...
Today, juvenile justice is more controversial than ever. Should our treatment of young offenders differ from that of adult offenders? What role should ideas of punishment play? Should our goals be rehabilitative and educative rather than punitive? Should we divert young offenders from the criminal justice system altogether, opting for -restorative- rather than -retributive- justice? These questions are addressed in this interdisciplinary volume, which brings together criminologists, educationalists, psychologists and philosophers. Part I traces the history of juvenile justice. Part II tackles...
Today, juvenile justice is more controversial than ever. Should our treatment of young offenders differ from that of adult offenders? What role should...
What are the aims of a criminal trial? What social functions should it perform? And how is the trial as a political institution linked to other institutions in a democratic polity? If we understand a criminal trial as calling a defendant to answer to a charge of criminal wrongdoing and, if he is judged to be responsible for such wrongdoing, what follows to account for his conduct? A normative theory of the trial-an account of what trials ought to be and of what ends they should serve-must take these central aspects of the trial seriously, but they raise a number of difficult questions. They...
What are the aims of a criminal trial? What social functions should it perform? And how is the trial as a political institution linked to other instit...
