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The Handbook of Comparative Criminal Law
This handbook explores criminal law systems from around the world, with the express aim of stimulating comparison and discussion. General principles of criminal liability receive prominent coverage in each essay—including discussions of rationales for punishment, the role and design of criminal codes, the general structure of criminal liability, accounts of mens rea, and the rights that criminal law is designed to protect—before the authors turn to more specific offenses like homicide, theft, sexual offenses, victimless crimes, and terrorism. This key reference covers all of the world's major legal systems—common, civil, Asian, and Islamic law traditions—with essays on sixteen countries on six different continents. The introduction places each country within traditional distinctions among legal systems and explores noteworthy similarities and differences among the countries covered, providing an ideal entry into the fascinating range of criminal law systems in use the world over.
Principles of Criminal Law
Opens with a consideration of the social, economic and historical context of criminal law before examining the principles that form the basis of criminal law in Australia. Case studies of important decisions influencing the development of the law are included and interesting issues are highlighted.
Law in Context
"Law cannot be treated as a discrete set of principles without a context ... we seek to examine and evaluate the context of Australian law."So the authors write of their book.This second edition is divided up into 3 parts:Part A of the book - Law in a Political Context - contains separate chapters on Liberalism and Formalism and the Rule of Law, plus a new chapter on Power.Part B - Law, Justice and Inequality - contains material on access to justice, litigation and the lawyers. The text has been revised to take into account the considerable changes in these areas in the past five years. Each chapter relates the material to the tension between the provision of justice and the creation and mai...
Cross-Border Law Enforcement
This innovative volume explores issues of law enforcement cooperation across borders from a variety of disciplinary perspectives. In doing so it adopts a comparative framework hitherto unexplored; namely the EU and the Australsian/Asia-Pacific region whose relative geopolitical remoteness from each other decreases with every incremental increase in globalisation. The borders under examination include both macro-level cooperation between nation-states, as well as micro-level cooperation between different Executive agencies within a nation-state. In terms of disciplinary borders the contributions demonstrate the breadth of academic insight that can be brought to bear on this topic. The volume ...
Calling Out the Troops
A recognised expert on military call-out law, Associate Professor Michael Head, examines the troop call-out legislation introduced in 2000 and 2006, and reviews the ongoing Constitutional and legal uncertainties.This book raises a number of crucial issues that have received little public attention. The Australian Defence Force can be deployed on such vague grounds as 'domestic violence' and 'Commonwealth interests'. Military commanders are given sweeping powers, including to use lethal force, shoot down civilian aircraft, interrogate people, raid premises and seize documents.Furthermore, other powers may still exist - under the common law or the Australian Constitution - to invoke 'military ...
Measures to Obtain Evidence in Drug Street Dealings - A Comparative Study of Australian and German Criminal Law Enforcement
Seminar paper from the year 2004 in the subject Law - Comparative Legal Systems, Comparative Law, grade: very good, University of South Australia, course: Comparative Law, language: English, abstract: Drugs have always been and will continue to be a vice of human society. They cause “harm to [both] users [and] their families”, are a danger to the users’ health, and impose enormous costs on society, especially on the public health system. Moreover, a correlation between the use of drugs and other crimes can be found (drug-crime nexus) because their addiction often forces users to commit other offences in order to finance their habit (drugs-related crime). Therefore, drugs can be looked ...
Regulating Deviance
The criminal attacks that occurred in the United States on 11 September 2001 have profoundly altered and reshaped the priorities of criminal justice systems around the world. Domestic criminal law has become a vehicle for criminalising 'new' terrorist offences and other transnational forms of criminality. 'Preventative' detention regimes have come to the fore, balancing the scales in favour of security rather than individual liberty. These moves complement already existing shifts in criminal justice policies and ideologies brought about by adjusting to globalisation, economic neo-liberalism and the shift away from the post-war liberal welfare settlement. This collection of essays by leading scholars in the fields of criminal law and procedure, criminology, legal history, law and psychology and the sociology of law, focuses on the future directions for the criminal law in the light of current concerns with state security and regulating 'deviant' behaviour.
Shooting to Kill
The present book brings together perspectives from different disciplinary fields to examine the significant legal, moral and political issues which arise in relation to the use of lethal force in both domestic and international law. These issues have particular salience in the counter terrorism context following 9/11 (which brought with it the spectre of shooting down hijacked airplanes) and the use of force in Operation Kratos that led to the tragic shooting of Jean Charles de Menezes. Concerns about the use of excessive force, however, are not confined to the terrorist situation. The essays in this collection examine how the state sanctions the use of lethal force in varied ways: through t...
Regulating Preventive Justice
Like medicine, law is replete with axioms of prevention. ‘Prevention is better than cure’ has a long pedigree in both fields. 17th century jurist Sir Edward Coke observed that ‘preventing justice excelleth punishing justice’. A century later, Sir William Blackstone similarly stated that ‘preventive justice is ...preferable in all respects to punishing justice’. This book evaluates the feasibility and legitimacy of state attempts to regulate prevention. Though prevention may be desirable as a matter of policy, questions are inevitably raised as to its limits and legitimacy, specifically, how society reconciles the desirability of averting risks of future harm with respect for the ...
Counter-terrorism and the Detention of Suspected Terrorists
This book analyses the preventative confinement of suspected terrorists with regard to different models of counter-terrorism policy within the context of international human rights law. The book is written from a global perspective drawing on cases and practice from different jurisdictions including the US, the UK and Australia.
