Crime, reason and history : a critical introduction to criminal law
著者
書誌事項
Crime, reason and history : a critical introduction to criminal law
（Law in context）
Butterworths, c2001
2nd ed
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注記
Includes bibliographical references (p. [253]-263) and indexes
内容説明・目次
内容説明
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.
目次
- Part I. Context: 1. Contradiction, critique and criminal law
- 2. The historical context of criminal doctrine
- Part II. Mens Rea: 3. Motive and intention
- 4. Recklessness
- 5. Strict and corporate liability
- Part III. Actus Reus: 6. Acts and omissions
- 7. Causation
- Part IV. Defences: 8. Necessity and duress
- 9. Insanity and diminished responsibility
- Part V. Concluding: 10. Sentencing
- Conclusion.
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