Rethinking Self-Defence: The `Ancient Right`s` Rationale Disentangled, T Markus Funk

Автор: Funk, T Markus (perkins Coie & The University Of Colorado School Of Law)
Название: Rethinking self-defence
ISBN: 1509934170 ISBN-13(EAN): 9781509934171
Издательство: Bloomsbury Academic
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Цена: 15048.00 р.
Наличие на складе: Есть у поставщика Поставка под заказ.

Описание: Self-defence – the ‘ancient right’ – has never been more relevant than in the present era of widespread calls for criminal justice reform. The book substantially advances the patinaed discussion by introducing for the first time a comprehensive value-centric approach to thinking about the defence’s deeper rationale. It tackles core issues such as the relative importance of the State’s claimed monopoly on force, procedural justice and the need to shore up the justice system’s legitimacy and creditworthiness, everyone’s presumptive ‘right to life,’ and the importance of ensuring equal standing between citizens. And, in so doing, the book breaks ground by addressing public perceptions of ‘just’ and ‘right’ outcomes, as well as the emphasis legal systems place (and should place) on State power.

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: Mark Dsouza
Название: Rationale-Based Defences in Criminal Law
ISBN: 1509932143 ISBN-13(EAN): 9781509932146
Издательство: Bloomsbury Academic
Рейтинг:
Цена: 6334.00 р.
Наличие на складе: Есть у поставщика Поставка под заказ.

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.