... moral issues raised by questions of criminal responsibility and punishment, then—as Fox suggests in discussing punishment theory—one can regard criminal law as indirectly discriminating against women ... such constructions are reinforced by law s reliance on traditional Western conceptions of romantic love These posit a natural symmetry between male possessor and female possessed,58 and the sex ... criminal law s construction of women As Lois Bibbings notes, of increasing importance to feminists is the way that the law constructs accepted notions of masculinity Thus, the law on rape, as...
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... creates a dangerous situation Statutory duties The distinction between acts and omissions 161 162 163 163 163 164 19 Recklessness 19.1 19.2 19.3 19.4 Subjective recklessness Objective recklessness ... Briefcase on Criminal Law Second Edition C P Cavendish Publishing Limited London • Sydney Titles in the series: Commercial Law Company Law Constitutional and Administrative Law Contract Law Criminal ... circumstances as to amount to a criminal act’ 3.3 Manslaughter by omission 3.3.1 Distinction between unlawful commission and omission Senior (1899) D belonged to a religious sect and refused to seek...
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Tài liệu SOURCEBOOK ON CRIMINAL LAW pdf
... this edition are the substantial extracts from Law Commission Reports and Home Office papers on issues surrounding the reform of the substantive law These provide a valuable source of information ... Mens rea: with intent to commit the completed offence 482 Impossibility 488 Jurisdictional issues 495 13 DURESS AND NECESSITY 497 Duress per minas 497 Duress of circumstances 536 A common law ... the law as of August 2001 Any errors and omissions remain my own Mike Molan South Bank University London August 2001 v CONTENTS Preface v Table of Cases xiii Table of Statutes xli Table of Statutory...
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Tài liệu Corruption A GLOSSARY OF INTERNATIONAL STANDARDS IN CRIMINAL LAW docx
... Officials in International Business Transactions Council of Europe Criminal Law Convention on Corruption United Nations Convention Against Corruption Council of Europe Convention on Laundering, Search, ... international conventions with a wider scope are the Council of Europe s Criminal Law Convention on Corruption and the United Nations Convention against Corruption Together, these conventions can ... Publishing disseminates widely the results of the Organisation s statistics gathering and research on economic, social and environmental issues, as well as the conventions, guidelines and standards...
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A Modern Treatise on the Principle of Legality in Criminal Law doc
... social legitimacy of court decisions In most constitutional legal systems, the superiority of the constitution and of constitutional provisions rests on the reflection of a wide social consensus.25 ... consensus covers and the minimal scope required for it to be considered a consensus Broad agreement is considered as a social consensus The social consensus reflects the most legitimate social source ... offenders, and Bacon in his Abridgement of the common law lists drunkenness as one of the sins of heresy In Massachusetts Bay Colony in 1633, 1634, one Robte Coles, for drunkenness, was disfranchised...
Ngày tải lên: 07/03/2014, 03:20
UNCITRAL Digest of Case Law on the United Nations Convention on Contracts for the International Sale of Goods pptx
... UNITED NATIONS COMMISSION ON INTERNATIONAL TRADE LAW UNCITRAL Digest of Case Law on the United Nations Convention on Contracts for the International Sale of Goods 2012 Edition UNITED NATIONS New York, ... The Digest itself is comprised of sections covering each of the subdivisions of the Convention (starting with this section, which covers the Convention as a whole, and including sections for the ... International Sales This is due to the fact that these Conventions allow parties to choose only the law of a State to govern their dispute; non-State rulesas well as the Convention in cases where...
Ngày tải lên: 07/03/2014, 08:20
The Crime Junkie’s Guide to Criminal Law docx
... willful one Acts done while the person is unconscious or even asleep are usually not criminal (Being unconscious or asleep is not the same thing as having an altered state of consciousness, as with ... nine months in prison, the conviction is still a felony conviction since the possible punishment (stated in the applicable statute) is more than one year in prison Burden of Persuasion As you ... cause a reasonable person to lose control of his passions The standard ones included things like a serious physical attack or a husband finding his wife committing adultery Acts that were not considered...
Ngày tải lên: 23/03/2014, 06:20
UNITED NATIONS CONVENTION ON THE LAW OF THE SEA 1982
... this Convention (1) "States Parties" means States which have consented to be bound by this Convention and for which this Convention is in force (2) This Convention applies mutatis mutandis to ... ships if such suspension is essential for the protection of its security, including weapons exercises Such suspension shall take effect only after having been duly published Article 26 CHARGES ... person in contravention of the customs, fiscal, immigration or sanitary laws and regulations of States bordering straits Such laws and regulations shall not discriminate in form or in fact among...
Ngày tải lên: 25/04/2016, 18:01
United nations convention on the law of the sea 1982 (UNCLOS 1982 TIẾNG ANH)
... not contrary to the aims of this Convention (1) "States Parties" means States which have consented to be bound by this Convention and for which this Convention is in force (2) This Convention applies ... exclusive economic zone shall comply with the conservation measures and with the other terms and conditions established in the laws and regulations of the coastal State These laws and regulations shall ... person in contravention of the customs, fiscal, immigration or sanitary laws and regulations of States bordering straits Such laws and regulations shall not discriminate in form or in fact among...
Ngày tải lên: 09/05/2016, 19:20
Tài liệu United Nations Framework Convention on Climate Change pdf
... chức Hội nghị Khí hậu Thế Giới lần 1- Geneva, Thụy S 1988, Thành lập Ủy Ban Liên Chính Phủ Biến đổi Khí hậu ( IPCC: Intergovermental Panel on Climate Change ) , với hổ trợ WMO UNEP để định ... WMO UNEP để định lượng kiện khoa học biến đổi khí hậu 1990, Phúc tra định lượng lần thứ UNFCCC soạn thảo trình Hội nghị Liên hiệp Quốc môi trường phát triển Rio De Janeiro, Brazil 6/1992 21/3/1994 ... triển, có lượng phát thải khí nhà kính nhỏ Hiệu hoạt động UNFCCC Xét duyệt năm ( COP) UNFCCC Ngân s ch tăng Đấu tranh tổ chức cá nhân KHÔNG HIỆU QUẢ ? Nguyên tắc không hợp lý thiếu công Nhắm vào...
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Tài liệu CONVENTION ON INTERNATIONAL CIVIL AVIATION pdf
... violations For this purpose, the contracting States may resort to any appropriate means consistent with relevant rules of international law, including the relevant provisions of this Convention, specifically ... greatest possible extent, with those established from time to time under this Convention Over the high seas, the rules in force shall be those established under this Convention Each contracting State ... protection to inventions made by the nationals of the other States parties to this Convention Article 28 Air navigation facilities and standard systems Each contracting State undertakes, so far as...
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Tài liệu CONVENTION ON THE PROTECTION AND USE OF TRANSBOUNDARY WATERCOURSES AND INTERNATIONAL LAKES doc
... regarding the issues covered by the provisions of this Convention Any such consultations shall be conducted through a joint body established under article of this Convention, where one exists Article ... widest exchange of information, as early as possible, on issues covered by the provisions of this Convention Article RESPONSIBILITY AND LIABILITY The Parties shall support appropriate international ... Headquarters in New York until 18 September 1992, by States members of the Economic Commission for Europe as well as States having consultative status with the Economic Commission for Europe pursuant...
Ngày tải lên: 18/02/2014, 04:20
Tài liệu Psychiatric Aspects of Justification, Excuse and Mitigation in Anglo-American Criminal Law docx
... 174–175) argues that the mental states associated with acting – mood states, decisions, choices and so on – defy precise description Since these mental states form the antecedent conditions upon which ... to someone s reasons for acting, even when those reasons are based on mistaken beliefs When we feel that the mistake was not a reasonable one, we are less likely to describe the actor as justified ... persuasion Second, even if he was so amenable, his circumstances might be such as to give him no choice as to his course of action In these two situations, punishment would be pointless because...
Ngày tải lên: 18/02/2014, 12:20
Tài liệu Definition in the Criminal Law docx
... such controversies The First Amendment of the US Constitution states that ‘Congress shall make no law … abridging the freedom of speech, or of the press’ It is one thing to say that this constitutional ... practice of law, there is little consensus on its precise nature and much disagreement about its merits For further discussion, see Cass Sunstein, On Analogical Reasoning’ (1993) 106 Harvard Law Review ... illustration is the assumption made by Lord Lane in Ghosh that society subscribes to uniform standards of (dis)honesty, on which see Andrew Halpin, ‘The Test for Dishonesty’ [1996] Criminal Law...
Ngày tải lên: 18/02/2014, 12:20
Tài liệu Answering for Crime Responsibility and Liability in the Criminal Law ppt
... English law if I possess ‘an article in circumstances which give rise to a reasonable suspicion that [my] possession is for a purpose connected with the commission, preparation or instigation of ... reasons that bear on her actions, and of answering for her actions in the light of those reasons.13 A responsible parent takes her responsibilities seriously and discharges them conscientiously: ... what is denied is that this person can be held responsible, or that she is responsible before this court, or that she is responsible for this alleged conduct Once we distinguish responsibility...
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Tài liệu Regulating Deviance: The Redirection of Criminalisation and the Futures of Criminal Law pptx
... the stress upon the responsibility of individuals for their actions; second, an increasing emphasis on notions of dangerousness for a minority of criminals, for whom exceptional forms of punishment ... 124, discusses responsibilisation as involving indirect forms of social control relying on individuals policing themselves and their environment This reading of responsibilisation in terms of a ... mechanism of a strongly universalising sense of moral justice for punishment That is its special power This helps explain the emphasis on increased punishment as the state relies more for its sense...
Ngày tải lên: 18/02/2014, 12:20
Tài liệu Principles of criminal law 4th edition pptx
... 8.4 The deep division of opinion on the consent/ authorisation issue The decision in Gomez Further developments The ‘company cases’ Appropriation where no possession or control is acquired ‘Innocent’ ... This is not because we consider these subjects unimportant but for the functional reason that there is simply not enough time on most criminal law courses to deal with these matters Criminal law ... Parry s Principles of Criminal Law Fourth Edition C P Cavendish Publishing Limited London • Sydney EDITORIAL ADVISORY BOARD PRINCIPLES OF LAW SERIES Professor Paul Dobson Visiting Professor at...
Ngày tải lên: 18/02/2014, 12:20