Criminal law : theory and doctrine
著者
書誌事項
Criminal law : theory and doctrine
（Juridical studies / general editor, Jack Beatson）
Hart, 2000
- : pbk
大学図書館所蔵 全12件
注記
Includes bibliographical references (p. [653]-671) and index
内容説明・目次
内容説明
This account of English criminal law combines theory with an exposition of the law. It should appeal to undergraduate law students seeking a firm grasp of doctrine and principle, as well as to scholars and researchers. The analysis is complemented by extensive citations of case law and articles.
目次
- Criminal law - definition and application: a search for definition
- application
- the structure of a criminal offence. The rule of law and the European Convention: no conviction without criminilisation
- retrospective crimes
- fair warning
- fair labelling
- the European Convention on Human Rights. Interpretation and proof: statutory interpretation
- the burden of proving actus reus and mens rea. The actus reus: the behaviour element
- consequences - the need for causation
- the requirement of voluntariness. Mens rea: intention
- recklessness
- why distinguish intention from recklessness?
- knowledge
- negligence
- other mens rea states
- transferred mens rea
- concurrence. Strict and constructive liability: recognition of strict liability in a statutory offence
- the availability of common law defences
- the justification of strict liability
- middle ground - strict liability in the Commonwealth
- the correspondence principle, constructive liability and moral luck. Secondary participation: the possibility of derivative liability
- modes of participation
- the principal
- secondary parties who assist or encourage crime
- secondary parties pursuant to joint unlawful enterprise
- general principles applying to all secondary parties
- do we need complicity?. Vicarious and corporate liability: vicarious liability
- corporate liability. The inchoate offences: incitement
- conspiracy
- attempt
- impossibility and inchoate offences
- jurisdiction and inchoate offences. Homicide: death and liability
- homicide defined
- murder
- manslaughter
- provocation
- involuntary manslaughter
- reform of the law of homicide
- suicide, complicity in suicide and suicide pacts. Non-fatal offences against the person: assault and battery
- battery
- assault occasioning actual bodily harm
- maliciously inflicting wounds or grievous bodily harm
- wounding with intent
- transmitting diseases and infection
- harassment
- racial aggravation
- reforming the law of violence. Sexual violence: rape
- indecent assault
- reform. Theft: property, rights and justice
- the definition of theft
- property
- belonging to another (1)
- belonging to another (II) - extensions in the Act and in equity
- appropriation
- intention to permanently deprive
- dishonesty
- jurisdiction over Theft Act offences. Related offences: handling stolen goods
- robbery
- burglary. Deception and fraud: obtaining property by deception
- obtaining services by deception
- conspiracy to defraud. Defences - an overview: "failure of proof" versus "substantive" defences
- justification and excuse
- the defences to be considered - an outline scheme. Failure of proof - mistake and intoxication: mistake of fact, mens rea and the decision in "Morgan"
- ignorance and mistake of law
- intoxication. Mental condition defences: insanity
- diminished responsibility
- infanticide
- infancy. Defences of circumstantial pressure: duress
- coercion
- superior orders
- entrapment
- impossibility. Permissble conduct: consent
- self-defence and the prevention of crime
- necessity. (Part contents).
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