Criminal Law Theory: Doctrines of the General Part (Oxford by Stephen Shute, Andrew Simester PDF

By Stephen Shute, Andrew Simester

ISBN-10: 0199243492

ISBN-13: 9780199243495

Written by means of best philosophers and attorneys from the U.S. and the uk, this number of unique essays bargains new insights into the doctrines that make up the final a part of the felony legislations. It sheds theoretical mild at the range and solidarity of the final half and advances our knowing of such key concerns as criminalisation, omissions, voluntary activities, wisdom, trust, reckelssness, duress, self-defence, entrapment and officially-induced mistake of law.

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Extra info for Criminal Law Theory: Doctrines of the General Part (Oxford Monographs on Criminal Law and Justice)

Example text

We will return below to the problems of differentiating between privacy and autonomy. Suffice it here to say that, while both concern the right to be one’s own uninhibited self (in the words of the Dutch Supreme Court), privacy perhaps refers primarily to an “introvert self” and autonomy to an “extrovert self”. The European Court does not make that distinction and regards a right of autonomy (to develop and express all of the aspects of one’s personality) as part of the right to privacy (or vice versa – which only goes to illustrate the extent of the lack of conceptual clarity).

Introduction 19 offences, or offences involving organised crime or whatever happens to be flavour of the week. The first set of arguments has typically been deployed to secure a breach in some liberal dam or other so far as concerns a selected offence, or enforcement power, and the second to bring all other offences to an equivalent position. In this way, the introduction of the paedophile panic influences two areas of legal development with a profound impact on privacy. The first is the maintenance and publication of registers of convicted persons.

Stuntz (1995), “Privacy’s Problem and the Law of Criminal Procedure” 93 Michigan Law Review 1016. 31 Bowers v. Hardwick (1986) 478 US 186. Introduction 23 from the limits of social normalcy. Those who advocate protection for total anonymity in Internet access argue that only thus is “uninhibited” self to be given full rein. This is the self for whom the Dutch Supreme Court claims to seek vindication, but at the same time the ultimate freedom to be oneself that the virtual society of Internet could provide, is not what the Supreme Court has in mind for real Dutch society.

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Criminal Law Theory: Doctrines of the General Part (Oxford Monographs on Criminal Law and Justice) by Stephen Shute, Andrew Simester


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