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Do individuals have a positive right of self-defence? And if so, what are the limits of this right? Under what conditions, if any, does this use of force extend to the defence of others? These are some of the issues explored by Dr Uniacke in this comprehensive philosophical discussion of the principles relevant to self-defence as a moral and legal justification of homicide. She establishes a unitary right of self-defence and defence of others, one which grounds the permissibility of the use of necessary and proportionate defensive force against culpable and non-culpable, active and passive, unjust threats. Particular topics discussed include: the nature of moral and legal justification and excuse; natural law justifications of homicide in self-defence; the Principle of Double Effect and the claim that homicide in self-defence is justified as unintended killing; and the question of self-preferential killing. This is a lucid and sophisticated account of the complex notion of justification, revolving around a critical discussion of recent trends in the law of self-defence.
Provides a complete overview of the criminal justice process. It analyses the influences that shape criminal justice and examines the institutional and administrative features of its operation in all jurisdictions. Findlay, University of Sydney, Australia.
Includes papers presented as a conference in SIngapore in 2017.--ECIP acknowledgments.
This book is a collection of scholarly papers and commentaries which range over Justice Murphy's forays into the Constitution, his approach to the common law, and his concept of and attitude to judicial method. In dealing with their chosen topics the authors and commentators present some fascinating perspectives on Lionel Murphy's degree of influence in the decade after his death.
The 'reasonable person' is used to assess the acceptability of behaviour in many areas of the law. This notion has attracted a great deal of criticism as it presupposes uncontested notions of 'normal' behaviour. This book explores whether there are deeper foundations to these criticisms.
Featuring real-life hints, tips and examples of good and bad practice, this manual provides practical advice on good lecturing techniques and confidence in further and higher education contexts.
Enacted in 1860, the Indian Penal Code is the longest serving and one of the most influential criminal codes in the common law world. This book commemorates its one hundred and fiftieth anniversary and honours the law reform legacy of Thomas Macaulay, the principal drafter of the Code. The book comprises chapters which examine the general principles of criminal responsibility from the perspective of Macaulay, and from more recent accounts by lawmakers and reformers. These are framed by chapters that examine the history and conceptual underpinnings of Macaulay's Code, consider the need to revitalize the Indian Penal Code, and review the current challenges of principled criminal law reform and codification. This book is a valuable reference on the Indian Penal Code, and current debates about general principles of criminal law for legal academics, judges, legal practitioners and criminal law reformers. It also promises to have wider scholarly appeal, of interest to legal theorists, historians and policy specialists.
This book provides a leading point of reference in the field of partial defences to murder and with respect to the mental condition defences of loss of control and diminished responsibility in general. The work includes contributions from leading specialists from different jurisdictions. Divided into two parts, the first provides an analysis from the perspective of the UK, looking at particular concerns such as domestic violence, revenge and mixed motive killings, mistaken beliefs. The second part presents a comparative and international view to provide a wider background of how alternative systems treat issues of human frailty short of full insanity (loss of control, diminished responsibility) in the context of the criminal law.
This comparative literary study re-evaluates the reciprocal relationship between tragic drama and current approaches to guilt and extenuation. Focussing on Racine but ranging widely, it sheds original light on tragic archetypes (Phaedra, Oedipus, Clytemnestra, Medea and others) through the lenses of performance theory and modern attitudes towards blame. Tragic drama and legal systems both aim to evaluate the merits of excuses provided on behalf of perpetrators of catastrophic acts. Edward Forman wittily and provocatively explores modern judicial concepts – diminished responsibility, provocation, trauma, ignorance, scapegoating – through the responses of characters in tragedy. Attention is paid to the way in which classical plays (ancient Greek and seventeenth-century French) have been re-interpreted in performance in the light of modern perceptions of human responsibility and helplessness.