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Child Soldiers and the Defence of Duress under International Criminal Law
This book investigates the use of duress as a defence in international criminal law, specifically in cases of child soldiers. The prosecution of children for international crimes often only focuses on whether children can and should be prosecuted under international law. However, it is rarely considered what would happen to these children at the trial stage. This work offers a nuanced approach towards international prosecution and considers how children could be implicated and defended in international courts. This study will be of interest to academics and practitioners working in international criminal law, transitional justice and children’s rights.
The Law of Duress and Necessity
The language of duress and necessity is found in crime, tort and contract. This book explores those pleas, in both case law and theory, across the subject boundaries, and across jurisdictions. In doing so, it seeks to identify the lessons which each area of law can learn from the others, and to tease out common themes while demarcating important differences. The overall outcome is a law more coherent and understood in sharper detail. This book considers the law of England and Wales, Australia, New Zealand, Hong Kong and Canada, as well as the American tortious defence of necessity.
The Role of Emotions in Criminal Law Defences
The law has struggled for many years with the problem of how to accommodate those who commit crimes due to threats or circumstances. The modern ambivalence surrounding the defences of duress and necessity has its origins in the legal past. To date the defences of duress and necessity have been couched in terms such as compulsion, involuntariness and human frailty, resulting in the true nature of the defences being hidden. Psychologists and legal theorists have begun to re-examine the role of emotions in human action, including their effect upon behaviour and choice. In light of recent breakthroughs, Eimear Spain considers how the emotions experienced by those who act due to threats, both human and natural in origin, should affect the attribution of criminal responsibility and punishment. The understanding of emotions extrapolated in this book points towards a new rationale for the existing defences of duress and necessity.
Defences to Homicide
"On 21 September 2001 the Attorney-General asked the Law Reform Commission to review and report on defences and partial defences to homicide. This Final Report is the result of three years work on the reference, which has included conducting background research, considering how the defences operate in practice in Victoria and other jurisdictions, and discussing options for reform as part of the consultation process."--p. xix.
Misrepresentation, Mistake and Non-disclosure
This book fully explains the role of Misrepresentation in Contract Law. It further expands on the role of Mistake and Non-disclosure in a contractual dispute and formally comments on the general duties of negotiating parties.
Duress
How do colonial histories matter to the urgencies and conditions of our current world? How have those histories so often been rendered as leftovers, as "legacies" of a dead past rather than as active and violating forces in the world today? With precision and clarity, Ann Laura Stoler argues that recognizing "colonial presence" may have as much to do with how the connections between colonial histories and the present are expected to look as it does with how they are expected to be. In Duress, Stoler considers what methodological renovations might serve to write histories that yield neither to smooth continuities nor to abrupt epochal breaks. Capturing the uneven, recursive qualities of the visions and practices that imperial formations have animated, Stoler works through a set of conceptual and concrete reconsiderations that locate the political effects and practices that imperial projects produce: occluded histories, gradated sovereignties, affective security regimes, "new" racisms, bodily exposures, active debris, and carceral archipelagos of colony and camp that carve out the distribution of inequities and deep fault lines of duress today.
Murder, Manslaughter and Infanticide
A Law Commission consultation paper 'A new homicide act for England and Wales?' was published as LCCP 177 (ISBN 0117302643) in April 2006.
Anson's Law of Contract
This edition provides an authoritative and detailed account of contract law. It is essential reading for any student of contract law, and a valuable source of reference for practitioners and academics.
The Oxford Handbook of Philosophy of Criminal Law
This title contains 17 original essays by leading thinkers in the field and covers the field's major topics including limits to criminalization, obscenity and hate speech, blackmail, the law of rape, attempts, accomplice liability, causation responsibility, justification and excuse, duress, and more.
