This book presents arguments and proposals for constraining criminalization, with a focus on the legal limits of the criminal law. The book approaches the issue by showing how the moral criteria for constraining unjust criminalization can and has been incorporated into constitutional human rights and thus provides a legal right not to be unfairly criminalized. The book sets out the constitutional limits of the substantive criminal law. As far as specific constitutional rights operate to protect specific freedoms, for example, free speech, freedom of religion, privacy, etc, the right not to be...
This book presents arguments and proposals for constraining criminalization, with a focus on the legal limits of the criminal law. The book approaches...
Described by The New York Times as 'Britain's foremost scholar of criminal law', Professor Glanville Williams was one of the greatest academic lawyers of the twentieth century. To mark the centenary of his birth in 2011, leading criminal law theorists and medical law ethicists from around the world were invited to contribute essays discussing the sanctity of life and criminal law while engaging with Williams' many contributions to these fields. In re-examining his work, the contributors have produced a provocative set of original essays that make a significant contribution to the current...
Described by The New York Times as 'Britain's foremost scholar of criminal law', Professor Glanville Williams was one of the greatest academic lawyers...
In "Reinterpreting Criminal Complicity and Inchoate Participation Offences," Dennis J. Baker argues that the mental element in complicity is one of intention, that recklessness alone is not sufficient. This is demonstrated by showing that the ancient and modern authorities on complicity required intention. The book argues the causal participation element in complicity means that the conduct element can only be established when there is intentional encouragement on the part of the accessory. As the Accessories and Abettors Act 1861, like most of the statutory provisions found in the United...
In "Reinterpreting Criminal Complicity and Inchoate Participation Offences," Dennis J. Baker argues that the mental element in complicity is one of...
This book presents arguments and proposals for constraining criminalization, with a focus on the legal limits of the criminal law. The book approaches the issue by showing how the moral criteria for constraining unjust criminalization can and has been incorporated into constitutional human rights and thus provides a legal right not to be unfairly criminalized. The book sets out the constitutional limits of the substantive criminal law. As far as specific constitutional rights operate to protect specific freedoms, for example, free speech, freedom of religion, privacy, etc, the right not to be...
This book presents arguments and proposals for constraining criminalization, with a focus on the legal limits of the criminal law. The book approaches...
