General defences in criminal law : domestic and comparative perspectives

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Title:

Author:

Reed, Alan (Matthew Alan), editor.

ISBN:

9781472433350

Physical Description:

x, 350 pages ; 25 cm.

Series:

Substantive issues in criminal law

Substantive issues in criminal law (Ashgate (Firm))

Contents:

How criminal defences work / William Wilson -- Avoiding criminal liability and excessive punishment for persons who lack culpability : what can and should be done? / Bob Sullivan -- Prior fault : blocking defences or constructing crimes / J.J. Child -- Transfer of defences / Michael Bohlander -- Consent in the criminal law : the importance of relationality and responsibility / Jonathan Herring -- Good and harm, excuses, and justifications, and the moral narratives of necessity / Susan Edwards -- Duress and normative moral excuse : comparative standardisations and the ambit of affirmative defences / Alan Reed -- Of blurred boundaries and prior fault : insanity, automatism, and intoxication / Arlie Loughnan and Nicola Wake -- Mistaken private defence : the case for reform / Claire de Than and Jesse Elvin -- Statutory defences of reasonableness : inexcusable uncertainty or reasonable pragmatism / Christopher J. Newman.

How do they do that? Automatism, coercion, necessity, and Mens Rea in Scots criminal law / Claire McDiarmid -- In a spirit of compromise : the Irish doctrine of excessive defence / John E. Stannard -- Australia / Mirko Bagaric -- Canada / Kent Roach -- France / Catherine Elliott -- Germany / Kai Ambos and Stefanie Bock -- Islamic law / Mohammad M Hedayati-Kakhki -- The Netherlands / Erik Gritter -- New Zealand / Julia Tolmie -- South Africa / Gerhard Kemp -- Sweden / Petter Asp and Magnus Ulväng -- Turkey / R Murat Önok -- United States of America / Luis E Chiesa.

Subject Term:

Defense (Criminal procedure) -- Great Britain.

Criminal law -- Great Britain.

Defense (Criminal procedure)

Added Author:

Reed, Alan (Matthew Alan),

Bohlander, Michael, 1962-

Wake, Nicola,

Smith, Emma,

Copies:

Available:*

Library	Material Type	Item Barcode	Shelf Number	Copy	Status
Searching... 1:IIEMSA	1:GEN-BOOK	33168025799798	345.4105044 R323G 2014	1	Searching... Unknown

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Summary

The law relating to general defences is one of the most important areas in the criminal law, yet the current state of the law in the United Kingdom reveals significant problems in the adoption of a consistent approach to their doctrinal and theoretical underpinnings, as exemplified by a number of recent developments in legislation and case law. A coherent and joined-up approach is still missing. This volume provides an analysis of the main contentious areas in British law, and proposes ways forward for reform. The collection includes contributions from leading experts across various jurisdictions. Part I examines the law in the United Kingdom, with specialist contributions on Irish and Scottish law. Part II consists of contributions by authors from a number of foreign jurisdictions, all written to a common research grid for maximum comparability, which provide a wider background of how other legal systems treat problems relating to general defences in the context of the criminal law, and which may serve as points of reference for domestic law reform.