Rationale-Based Defences in Criminal Law, Mark Dsouza

Автор: Higgins, Noelle
Название: Cultural defences at the international criminal court
ISBN: 1138893617 ISBN-13(EAN): 9781138893610
Издательство: Taylor&Francis
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Цена: 8726.00 р.
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Описание: Cultural defences, i.e. claims that certain aspects of a defendant’s cultural background should be taken into consideration by courts when adjudicating on their guilt or innocence, have been raised before domestic courts in a variety of jurisdictions. This has been a very sensitive and controversial issue. However, the issue of cultural defences at international tribunals is one that has not yet been fully explored. The main objective of this book is to analyse if the International Criminal Court can, and should, accommodate cultural defences as answers to legal charges, or if the Court should accommodate cultural considerations in other ways.

Автор: Yannoulidis
Название: Mental State Defences in Criminal Law
ISBN: 1138271799 ISBN-13(EAN): 9781138271791
Издательство: Taylor&Francis
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Цена: 8573.00 р.
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Описание: By defining appropriate boundaries for the defence of insanity and the doctrine of automatism, this book presents a consistent and principled approach to the reform of mental state defences. In particular, by undertaking an interdisciplinary analysis of the various factors that inform these defences the book concludes with several practical and robust reform proposals There are three objectives that underpin the suggested reform proposals. First, to ensure that an accused will be able to raise a defence of insanity for involuntary conduct arising from mental disorder even where he or she is aware of the nature and quality of such conduct. Second, to provide principled means by which to establish the criminal responsibility of an accused for conduct performed in a state of drug-induced psychosis. Third, to ensure that criminal conduct arising from a state of ’impaired consciousness’ does not automatically result in the outright acquittal of an accused. In articulating the competing demands that must be balanced in order to secure a principled approach to the reform of mental state defences the book will be of relevance to all common law countries.

Автор: Steven Yannoulidis
Название: Mental State Defences in Criminal Law
ISBN: 140944645X ISBN-13(EAN): 9781409446453
Издательство: Taylor&Francis
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Цена: 22968.00 р.
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Описание: By presenting an analysis of various factors which inform mental state defences in criminal law, this book provides several practical and robust reform proposals. Exploring appropriate boundaries for the defence of insanity and the doctrine of automatism, it suggests a consistent and principled approach to the reform of mental state defences.

Автор: Mark Dsouza
Название: Rationale-Based Defences in Criminal Law
ISBN: 1509902953 ISBN-13(EAN): 9781509902958
Издательство: Bloomsbury Academic
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Цена: 15048.00 р.
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Описание: PRAISE FOR THE BOOK
"Despite the existing scholarly literature on criminal defences, many issues remain contested or unresolved. Dr Dsouza offers a thorough and scholarly treatment of a complex topic which can be expected to become a point of reference for future work in the field.+?
Professor James Chalmers, University of Glasgow

"Mark Dsouza has produced an engaging, incisive and cogently argued monograph, that makes an original contribution to criminal law theory. Required reading for scholars and graduate students working on criminal law defences.+?
Professor Paul Roberts, University of Nottingham



Although it is often accepted that rationale-based defences to criminal liability can be justificatory or excusatory, disagreements about how best to conceptualise the categories of justification and excuse have appeared so interminable that some theorists argue that they should be abandoned altogether. This book offers a novel, principled, and intuitively appealing conceptual account of the natures of justifications and excuses, showing how they differ, and why the distinction between them matters.

The monograph breaks new ground by defending a model of rationale-based defences that turns solely on the quality of the defendant's reasoning. This model is shown to generate appealing liability outcomes, advance convincing solutions to questions that have puzzled criminal lawyers for years, and offer suggestions for doctrinal reform that are both normatively sound, and practical. By proposing new ways to think about defences, this book makes an original contribution to criminal law theory that will be of benefit to academics, practitioners, and persons interested in law reform.

Автор: Andrew Dyson, James Goudkamp, Frederick Wilmot-Smi
Название: Defences in Tort
ISBN: 1509914161 ISBN-13(EAN): 9781509914166
Издательство: Bloomsbury Academic
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Цена: 7126.00 р.
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Описание: This book explores the links between tort law defences on a theoretical level, and examines the nature and scope of individual defences. It will be of value to academics and practitioners alike.

Автор: Dyson Andrew
Название: Defences in Unjust Enrichment
ISBN: 1509921109 ISBN-13(EAN): 9781509921102
Издательство: Bloomsbury Academic
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Цена: 7918.00 р.
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Описание: Now available in paperback This book is the second in a series of essay collections on defences in private law. It addresses defences to liability arising in unjust enrichment. The essays are written from a range of perspectives and methodologies. Some are doctrinal, others are theoretical, and several offer comparative insights. The most important defence in this area of the law, change of position, is addressed in detail, but many other defences are treated too, as well as the interrelations between these defences within the law of unjust enrichment. The essays offer novel claims and ways of looking at problems in this challenging area of legal study. (Series: Hart Studies in Private Law: Essays on Defences, Vol. 2) Subject: Contract Law, Tort Law]

Автор: Andrew Dyson, James Goudkamp, Frederick Wilmot-Smi
Название: Defences in Unjust Enrichment
ISBN: 1849467250 ISBN-13(EAN): 9781849467254
Издательство: Bloomsbury Academic
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Цена: 19008.00 р.
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Описание: This book is the second in a series of essay collections on defences in private law. It addresses defences to liability arising in unjust enrichment. The essays are written from a range of perspectives and methodologies. Some are doctrinal, others are theoretical, and several offer comparative insights. The most important defence in this area of the law, change of position, is addressed in detail, but many other defences are treated too, as well as the interrelations between these defences within the law of unjust enrichment. The essays offer novel claims and ways of looking at problems in this challenging area of legal study.