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Criminal cases raise difficult normative and legal questions, and are often a consequence of compelling human drama. In this collection, expert authors place leading cases in criminal law in their historical and legal contexts, highlighting their significance both in the past and for the present. The cases in this volume range from the fifteenth to the twenty-first century. Many of them are well known to modern criminal lawyers and students; others are overlooked landmarks that deserve reconsideration. The essays, often based on extensive and original archival research, range over a wide spectrum of criminal law, covering procedure and doctrine, statute and common law, individual offences and general principles. Together, the essays explore common themes, including the scope of criminal law and criminalisation, the role of the jury, and the causes of change in criminal law.
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Libel and Lampoon shows how English satire and the law mutually shaped each other during the long eighteenth century. Following the lapse of prepublication licensing in 1695, the authorities quickly turned to the courts and newly repurposed libel laws in an attempt to regulate the press. In response, satirists and their booksellers devised a range of evasions. Writers increasingly capitalized on forms of verbal ambiguity, including irony, allegory, circumlocution, and indirection, while shifty printers and booksellers turned to a host of publication ruses that complicated the mechanics of both detection and prosecution. In effect, the elegant insults, comical periphrases, and booksellers' tr...
What makes someone responsible for a crime and therefore liable tof punishment under the criminal law? Modern lawyers will quickly and easily point to the criminal law's requirement of concurrent actus reus and mens rea, doctrines of the criminal law which ensure that someone will only be found criminally responsible if they have committed criminal conduct while possessing capacities of understanding, awareness, and self-control at the time of offense. Any notion of criminal responsibility based on the character of the offender, meaning an implication of criminality based on reputation or the assumed disposition of the person, would seem to today's criminal lawyer a relic of the 18th Century...
List of members in each volume.