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Writing the Victorian Constitution (Palgrave Modern Legal History)
by Ian WardThis book charts the writing of the English constitution through the work of four of the most influential jurists in the history of English constitutional thought—Edmund Burke, Thomas Babington Macaulay, Walter Bagehot and Albert Venn Dicey. Stretching from the French Revolution to the death of Queen Victoria, their writing is both representative of and formative to the Victorian constitution. Ian Ward traces how constitutional writing changed over the course of the long nineteenth century, from the poetics of Burke and the romance of Macaulay, to the pragmatism of Bagehot and the jurisprudence of Dicey. A century on, our perception of the English constitution is still shaped by this contested history.
Writing the Victorian Constitution (Palgrave Modern Legal History)
by Ian WardThis book charts the writing of the English constitution through the work of four of the most influential jurists in the history of English constitutional thought—Edmund Burke, Thomas Babington Macaulay, Walter Bagehot and Albert Venn Dicey. Stretching from the French Revolution to the death of Queen Victoria, their writing is both representative of and formative to the Victorian constitution. Ian Ward traces how constitutional writing changed over the course of the long nineteenth century, from the poetics of Burke and the romance of Macaulay, to the pragmatism of Bagehot and the jurisprudence of Dicey. A century on, our perception of the English constitution is still shaped by this contested history.
Written In Bone: hidden stories in what we leave behind
by Professor Sue Black'Gripping from the start, Written in Bone is superb' - Dr Richard Shepherd, author of Unnatural CausesFrom the Sunday Times Bestselling author of All That Remains, Sue Black reveals the secrets hidden deep within our bones. Drawing upon her years of research and a wealth of remarkable experience, the world-renowned forensic anthropologist Professor Dame Sue Black takes us on a journey of revelation. From skull to feet, via the face, spine, chest, arms, hands, pelvis and legs, she shows that each part of us has a tale to tell. What we eat, where we go, everything we do leaves a trace, a message that waits patiently for months, years, sometimes centuries, until a forensic anthropologist is called upon to decipher it.Some of this information is easily understood, some holds its secrets tight and needs scientific cajoling to be released. But by carefully piecing together the evidence, the facts of a life can be rebuilt. Limb by limb, case by case - some criminal, some historical, some unaccountably bizarre - Sue Black reconstructs with intimate sensitivity and compassion the hidden stories in what we leave behind. Praise for Sue Black: 'Utterly gripping' - The Guardian 'Fascinating' - The Sunday Times 'Moving' - Scotsman 'Engrossing' - Financial Times
The Wrong Child: A gripping thriller you won't be able to put down
by Barry GornellHow far would you go to protect your child?When tragedy strikes in a small Scottish village, everyone in the community is affected.Most people believe one child is to blame for what happened.But could a young boy really be responsible? And what lengths will his parents go to protect him?THE WRONG CHILD is the most thought-provoking novel of 2018, perfect for fans of WE NEED TO TALK ABOUT KEVIN by Lionel Shriver and MY ABSOLUTE DARLING by Gabriel Tallent.****************READERS ARE CALLING THE WRONG CHILD 'UNFORGETTABLE':'Amazing' - Amazon 5* review'A great page-turner!' Amazon 5* review'Hopefully it will receive the wider audience it so richly deserves' - Amazon 5* review'Challenges your notions and ideals of morality' - Amazon review'Will stick with you long after you finish it!' Amazon review****************What the critics are saying about THE WRONG CHILD:'A thought-provoking read' - THE SUN'Genuinely gripping' - THE HERALD'A study of guilt and grief' - DAILY MAIL'Brilliant, but dark as hell' - METRO'Astonishing' - PSYCHOLOGIES'So visceral it seeps into your pores' - DAILY RECORD'Stunning. Macabre, unsettling and beautifully poetic' - BRIAN CONAGHAN, Costa Award winning author
Wrong Medicine: Doctors, Patients, and Futile Treatment
by Lawrence J. Schneiderman Nancy S. JeckerToo often, patients in American hospitals are subjected to painful, expensive, and futile treatments because of a physician’s notion of medical duty or a family’s demands. Lawrence J. Schneiderman and Nancy S. Jecker renew their call for common sense and realistic expectations in medicine in this revised and updated edition of Wrong Medicine.Written by a physician and a philosopherâ€�both internationally recognized experts in medical ethicsâ€�Wrong Medicine addresses key topics that have occupied the media and the courts for the past several decades, including the wrenching Terry Schiavo case. The book combines clear descriptions of ethical principles with real clinical stories to discuss the medical, legal, and political issues that confront doctors today as they seek to provide the best medical care to critically ill patients. The authors have added two chapters that outline theoretical, legislative, judicial, and clinical developments since the first edition. Based on the latest empirical research, Wrong Medicine continues to guide a broad range of health care professionals through the challenges of providing humane end-of-life care.
The Wrong of Injustice: Dehumanization and its Role in Feminist Philosophy (Studies in Feminist Philosophy)
by Mari MikkolaThis book examines contemporary structural social injustices from a feminist perspective. It asks: what makes oppression, discrimination, and domination wrongful? Is there a single wrongness-making feature of various social injustices that are due to social kind membership? Why is sexist oppression of women wrongful? What does the wrongfulness of patriarchal damage done to women consist in? In thinking about what normatively grounds social injustice, the book puts forward two related views. First, it argues for a paradigm shift in focus away from feminist philosophy that is organized around the gender concept woman, and towards feminist philosophy that is humanist. This is against the following theoretical backdrop: Politically effective feminism requires ways to elucidate how and why patriarchy damages women, and to articulate and defend feminism's critical claims. In order to meet these normative demands an influential theoretical outlook has emerged: for emancipatory purposes feminist philosophers should articulate a thick conception of the gender concept woman around which feminist philosophical work is organized. However, Part I of the book argues that we should resist this move, and that feminist philosophers should reframe their analyses of injustice in humanist terms. Second, the book spells out a humanist alternative to the more prevalent gender-focus in feminist philosophy. This hinges on a notion of dehumanization, which Part II of the book develops. The argued for understanding of dehumanization is used to explicate the wrongness-making feature of social injustices, both in general and of those due to patriarchy. Dehumanization is not another form of injustice-rather, it is that which makes forms of social injustice unjust. The book's second part then provides a regimentation of social injustice from a feminist perspective in order to spell out the specifics of the proposed humanist feminism, and to demonstrate how it improves some non-feminist analyses of injustice too.
WRONG OF INJUSTICE SFP C: Dehumanization and its Role in Feminist Philosophy (Studies in Feminist Philosophy)
by Mari MikkolaThis book examines contemporary structural social injustices from a feminist perspective. It asks: what makes oppression, discrimination, and domination wrongful? Is there a single wrongness-making feature of various social injustices that are due to social kind membership? Why is sexist oppression of women wrongful? What does the wrongfulness of patriarchal damage done to women consist in? In thinking about what normatively grounds social injustice, the book puts forward two related views. First, it argues for a paradigm shift in focus away from feminist philosophy that is organized around the gender concept woman, and towards feminist philosophy that is humanist. This is against the following theoretical backdrop: Politically effective feminism requires ways to elucidate how and why patriarchy damages women, and to articulate and defend feminism's critical claims. In order to meet these normative demands an influential theoretical outlook has emerged: for emancipatory purposes feminist philosophers should articulate a thick conception of the gender concept woman around which feminist philosophical work is organized. However, Part I of the book argues that we should resist this move, and that feminist philosophers should reframe their analyses of injustice in humanist terms. Second, the book spells out a humanist alternative to the more prevalent gender-focus in feminist philosophy. This hinges on a notion of dehumanization, which Part II of the book develops. The argued for understanding of dehumanization is used to explicate the wrongness-making feature of social injustices, both in general and of those due to patriarchy. Dehumanization is not another form of injustice-rather, it is that which makes forms of social injustice unjust. The book's second part then provides a regimentation of social injustice from a feminist perspective in order to spell out the specifics of the proposed humanist feminism, and to demonstrate how it improves some non-feminist analyses of injustice too.
The Wrong of Rudeness: Learning Modern Civility from Ancient Chinese Philosophy
by Amy OlberdingIn a time of fractious politics, being rude can feel wickedly gratifying, while being polite can feel simple-minded or willfully naïve. Do manners and civility even matter now? Is it worthwhile to make the effort to be polite? When rudeness has become routine and commonplace, why bother? When so much of public and social life with others is painful and bitterly acrimonious, why should anyone be polite? As Amy Olberding argues, civility and ordinary politeness are linked both to big values, such as respect and consideration, and to the fundamentally social nature of human beings. Being polite is not just a nicety--it has deep meaning. Olberding explores the often overwhelming temptations to incivility and rudeness, and the ways that they must and can be resisted. Drawing on the wisdom of early Chinese philosophers who lived through great political turmoil but nonetheless avidly sought to "mind their manners," the book articulates a way of thinking about politeness that is distinctively social. We can feel profoundly alienated from others, and others can sometimes be truly terrible, yet, as the Confucian philosophers encourage us to see, because we are social, neglecting the social and political courtesies comes at perilous cost. The book considers not simply why civility and politeness are important, but how. It reveals how small insults can accumulate to damage social relations, how separating people into tribes undermines our better interests, and how even bodily and facial expressions can influence our lives with others. Many of us, in spite of our best efforts, are often tempted to be rude, and will find here tools for fighting that temptation.
The Wrong of Rudeness: Learning Modern Civility from Ancient Chinese Philosophy
by Amy OlberdingIn a time of fractious politics, being rude can feel wickedly gratifying, while being polite can feel simple-minded or willfully naïve. Do manners and civility even matter now? Is it worthwhile to make the effort to be polite? When rudeness has become routine and commonplace, why bother? When so much of public and social life with others is painful and bitterly acrimonious, why should anyone be polite? As Amy Olberding argues, civility and ordinary politeness are linked both to big values, such as respect and consideration, and to the fundamentally social nature of human beings. Being polite is not just a nicety--it has deep meaning. Olberding explores the often overwhelming temptations to incivility and rudeness, and the ways that they must and can be resisted. Drawing on the wisdom of early Chinese philosophers who lived through great political turmoil but nonetheless avidly sought to "mind their manners," the book articulates a way of thinking about politeness that is distinctively social. We can feel profoundly alienated from others, and others can sometimes be truly terrible, yet, as the Confucian philosophers encourage us to see, because we are social, neglecting the social and political courtesies comes at perilous cost. The book considers not simply why civility and politeness are important, but how. It reveals how small insults can accumulate to damage social relations, how separating people into tribes undermines our better interests, and how even bodily and facial expressions can influence our lives with others. Many of us, in spite of our best efforts, are often tempted to be rude, and will find here tools for fighting that temptation.
The Wrong Side of Goodbye (Harry Bosch Series #19)
by Michael ConnellyOnly Harry Bosch can uncover LA's darkest secrets in this new gripping thriller from global bestseller Michael Connelly.'What do you want me to do?' Bosch asked again.'I want you to find someone for me,' Vance said. 'Someone who might not have ever existed.'Harry Bosch is working as a part-time detective in the town of San Fernando outside of Los Angeles, when he gets the invitation to meet with the ageing aviation billionaire Whitney Vance. When he was eighteen Vance had a relationship with a Mexican girl called Vibiana Duarte, but soon after becoming pregnant she disappeared.Now, as he reaches the end of his life, Vance wants to know what happened to Vibiana and whether there is an heir to his vast fortune. And Bosch is the only person he trusts to undertake the assignment.Harry's aware that with such sums of money involved, this could be a dangerous undertaking - not just for himself, but for the person he's looking for - but as he begins to uncover Vibiana's tragic story, and finds uncanny links to his own past, he knows he cannot rest until he finds the truth.
Wrongdoing and the Moral Emotions
by Derk PereboomWrongdoing and the Moral Emotions provides an account of how we might effectively address wrongdoing given challenges to the legitimacy of anger and retribution that arise from ethical considerations and from concerns about free will. The issue is introduced in Chapter 1. Chapter 2 asks how we might conceive of blame without retribution, and proposes an account of blame as moral protest, whose function is to secure forward-looking goals such as the moral reform of the wrongdoer and reconciliation in relationships. Chapter 3 considers whether it's possible to justify effectively dealing those who pose dangerous threats if they do not deserve to be harmed, and contends that wrongfully posing a threat is the core condition for the legitimacy of defensive harming. Chapter 4 provides an account of how to treat criminals without a retributive justification for punishment, and argues for an account in which the right of self-defense provides justification for measures such as preventative detention. Chapter 5 considers how we might forgive if wrongdoers don't basically deserve the pain of being resented, which forgiveness would then renounce, and proposes that forgiveness be conceived instead as renunciation of the stance of moral protest. Chapter 6 considers how personal relationships might function without retributive anger having a role in responding to wrongdoing, and contends that the stance of moral protest, supplemented with non-retributive emotions, is sufficient. Chapter 7 surveys the options for theistic and atheistic attitudes regarding the fate of humanity in a deterministic universe, and defends an impartial hope for humanity.
Wrongdoing and the Moral Emotions
by Derk PereboomWrongdoing and the Moral Emotions provides an account of how we might effectively address wrongdoing given challenges to the legitimacy of anger and retribution that arise from ethical considerations and from concerns about free will. The issue is introduced in Chapter 1. Chapter 2 asks how we might conceive of blame without retribution, and proposes an account of blame as moral protest, whose function is to secure forward-looking goals such as the moral reform of the wrongdoer and reconciliation in relationships. Chapter 3 considers whether it's possible to justify effectively dealing those who pose dangerous threats if they do not deserve to be harmed, and contends that wrongfully posing a threat is the core condition for the legitimacy of defensive harming. Chapter 4 provides an account of how to treat criminals without a retributive justification for punishment, and argues for an account in which the right of self-defense provides justification for measures such as preventative detention. Chapter 5 considers how we might forgive if wrongdoers don't basically deserve the pain of being resented, which forgiveness would then renounce, and proposes that forgiveness be conceived instead as renunciation of the stance of moral protest. Chapter 6 considers how personal relationships might function without retributive anger having a role in responding to wrongdoing, and contends that the stance of moral protest, supplemented with non-retributive emotions, is sufficient. Chapter 7 surveys the options for theistic and atheistic attitudes regarding the fate of humanity in a deterministic universe, and defends an impartial hope for humanity.
Wrongful Conviction in Sexual Assault: Stranger Rape, Acquaintance Rape, and Intra-familial Child Sexual Assaults
by Matthew Barry JohnsonIn Wrongful Conviction in Sexual Assault, Matthew Barry Johnson introduces new directions in wrongful conviction research and understanding. Citing Innocence Project and National Registry of Exoneration data, the book identifies sexual assault as the predominant offense type associated with confirmed wrongful convictions in the US. Johnson outlines the differential risk of wrongful conviction associated with stranger rape, acquaintance rape, and intra-familial child sexual abuse. He also introduces new terms and concepts such as "black box" investigation, illustrating the lack of transparency in the production of prosecution evidence; a four-part stranger rape thesis; and the "moral outrage - moral correction" process that results in cognitive and emotional factors that interfere with the evaluation of criminal evidence. The book also includes chapters on racial bias in rape prosecution, and the relationship of serial sex offending to wrongful conviction. Citing both foundational and newly-introduced conviction research, Johnson illustrates unexamined aspects of well-known wrongful conviction cases (i.e. The Central Park Five, Steve Avery, Ronald Cotton, The Norfolk Four) and presents the lessons from lesser known wrongful convictions. Wrongful Conviction in Sexual Assault provides valuable new perspectives and insight for psychologists, defense lawyers, prosecutors, crime investigators, and social justice scholars.
Wrongful Conviction in Sexual Assault: Stranger Rape, Acquaintance Rape, and Intra-familial Child Sexual Assaults
by Matthew Barry JohnsonIn Wrongful Conviction in Sexual Assault, Matthew Barry Johnson introduces new directions in wrongful conviction research and understanding. Citing Innocence Project and National Registry of Exoneration data, the book identifies sexual assault as the predominant offense type associated with confirmed wrongful convictions in the US. Johnson outlines the differential risk of wrongful conviction associated with stranger rape, acquaintance rape, and intra-familial child sexual abuse. He also introduces new terms and concepts such as "black box" investigation, illustrating the lack of transparency in the production of prosecution evidence; a four-part stranger rape thesis; and the "moral outrage - moral correction" process that results in cognitive and emotional factors that interfere with the evaluation of criminal evidence. The book also includes chapters on racial bias in rape prosecution, and the relationship of serial sex offending to wrongful conviction. Citing both foundational and newly-introduced conviction research, Johnson illustrates unexamined aspects of well-known wrongful conviction cases (i.e. The Central Park Five, Steve Avery, Ronald Cotton, The Norfolk Four) and presents the lessons from lesser known wrongful convictions. Wrongful Conviction in Sexual Assault provides valuable new perspectives and insight for psychologists, defense lawyers, prosecutors, crime investigators, and social justice scholars.
Wrongful Convictions and Forensic Science Errors: Case Studies and Root Causes
by John MorganForensic Science Errors and Wrongful Convictions: Case Studies and Root Causes provides a rigorous and detailed examination of two key issues: the continuing problem of wrongful convictions and the role of forensic science in these miscarriages of justice. This comprehensive textbook covers the full breadth of the topic. It looks at each type of evidence, historical factors, system issues, organizational factors, and individual examiners. Forensic science errors may arise at any time from crime scene to courtroom. Probative evidence may be overlooked at the scene of a crime, or the chain of custody may be compromised. Police investigators may misuse or ignore forensic evidence. A poorly-trained examiner may not apply the accepted standards of the discipline or may make unsound interpretations that exceed the limits of generally accepted scientific knowledge. In the courtroom, the forensic scientist may testify outside the standards of the discipline or fail to present exculpatory results. Prosecutors may suppress or mischaracterize evidence, and judges may admit testimony that does not conform to rules of evidence. All too often, the accused will not be afforded an adequate defense—especially given the technical complexities of forensic evidence. These issues do not arise in a vacuum; they result from system issues that are discernable and can be ameliorated. Author John Morgan provides a thorough discussion of the policy, practice, and technical aspects of forensic science errors from a root-cause, scientific analysis perspective. Readers will learn to analyze common issues across cases and jurisdictions, perform basic root cause analysis, and develop systemic reforms. The reader is encouraged to assess cases and issues without regard to preconceived views or prejudicial language. As such, the book reinforces the need to obtain a clear understanding of errors to properly develop a set of effective scientific, procedural, and policy reforms to reduce wrongful convictions and improve forensic integrity and reliability. Written in a format and style accessible to a broad audience, Forensic Science Errors and Wrongful Convictions presents a thorough analysis across all of these issues, supported by detailed case studies and a clear understanding of the scientific basis of the forensic disciplines.
Wrongful Convictions and Forensic Science Errors: Case Studies and Root Causes
by John MorganForensic Science Errors and Wrongful Convictions: Case Studies and Root Causes provides a rigorous and detailed examination of two key issues: the continuing problem of wrongful convictions and the role of forensic science in these miscarriages of justice. This comprehensive textbook covers the full breadth of the topic. It looks at each type of evidence, historical factors, system issues, organizational factors, and individual examiners. Forensic science errors may arise at any time from crime scene to courtroom. Probative evidence may be overlooked at the scene of a crime, or the chain of custody may be compromised. Police investigators may misuse or ignore forensic evidence. A poorly-trained examiner may not apply the accepted standards of the discipline or may make unsound interpretations that exceed the limits of generally accepted scientific knowledge. In the courtroom, the forensic scientist may testify outside the standards of the discipline or fail to present exculpatory results. Prosecutors may suppress or mischaracterize evidence, and judges may admit testimony that does not conform to rules of evidence. All too often, the accused will not be afforded an adequate defense—especially given the technical complexities of forensic evidence. These issues do not arise in a vacuum; they result from system issues that are discernable and can be ameliorated. Author John Morgan provides a thorough discussion of the policy, practice, and technical aspects of forensic science errors from a root-cause, scientific analysis perspective. Readers will learn to analyze common issues across cases and jurisdictions, perform basic root cause analysis, and develop systemic reforms. The reader is encouraged to assess cases and issues without regard to preconceived views or prejudicial language. As such, the book reinforces the need to obtain a clear understanding of errors to properly develop a set of effective scientific, procedural, and policy reforms to reduce wrongful convictions and improve forensic integrity and reliability. Written in a format and style accessible to a broad audience, Forensic Science Errors and Wrongful Convictions presents a thorough analysis across all of these issues, supported by detailed case studies and a clear understanding of the scientific basis of the forensic disciplines.
Wrongful Convictions in China: Comparative and Empirical Perspectives
by Na JiangThe primary focus of this comparative and empirical work is to address wrongful convictions between China and common-law countries in order to promote a better understanding of wrongful convictions in China’s practice with the help of comparative analyses, verifiable and empirical data and case studies. It examines the scope of wrongful convictions and offers new insights into the worldwide movement to prevent them, assesses how far it has progressed and what reforms are most needed. The book suggests that adversarial and inquisitorial systems alike could benefit from this research and learn valuable lessons from one another on how to effectively reduce the risk of wrongful convictions.
Wrongful Enrichment: A Study in Comparative Law and Culture (International Studies in the Theory of Private Law)
by Nahel AsfourThis book analyses enrichment law and its development and underpinning in social culture within three geographical regions: the United States, western members of the European Union and the late Ottoman Empire. These regions correspond, though imperfectly, with three different legal traditions: the American, continental and Islamic traditions. The book argues that we should understand law as a mimetic artefact. In so doing, it explains how typical patterns and exemplary articulations of wrongful enrichment law capture and reiterate vocal cultural themes found in the respective regions. The book identifies remarkable affinities between poetic tendencies, structures and default dispositions of wrongful enrichment law and cultural world views. It offers bold accounts of each region's law and culture providing fertile grounds for external and comparative elucidations of the legal doctrine.
Wrongful Enrichment: A Study in Comparative Law and Culture (International Studies in the Theory of Private Law)
by Nahel AsfourThis book analyses enrichment law and its development and underpinning in social culture within three geographical regions: the United States, western members of the European Union and the late Ottoman Empire. These regions correspond, though imperfectly, with three different legal traditions: the American, continental and Islamic traditions. The book argues that we should understand law as a mimetic artefact. In so doing, it explains how typical patterns and exemplary articulations of wrongful enrichment law capture and reiterate vocal cultural themes found in the respective regions. The book identifies remarkable affinities between poetic tendencies, structures and default dispositions of wrongful enrichment law and cultural world views. It offers bold accounts of each region's law and culture providing fertile grounds for external and comparative elucidations of the legal doctrine.
Wrongful Imprisonment: Mistaken Convictions and their Consequences (Routledge Revivals)
by Ruth Brandon Christie DaviesFirst published in 1973, Wrongful Imprisonment aims to combine the human interest of individual cases of wrongful imprisonment with a general analysis of how and why they occur. It deals in detail with the English system, but also provides comparisons with Scotland, France, and the United States. The authors spent three years collecting material from newspaper reports, trial transcripts, books, lawyers, the Home Office and – most important – interviews with the persons concerned. As a result, they have been able to analyse objectively the existing system of justice; they have isolated and identified the areas in which the system is at fault, and the successive hazards which may confront the innocent man suspected of a criminal offence; they have also revealed the many obstacles which have to be overcome by the wrongfully imprisoned man seeking to establish his innocence and regain his liberty. This topical and convincingly argued book should appeal not only to students of law and sociology, or to lawyers, policemen, criminals, and others involved in the system of criminal justice, but also to the man in the Wormwood Scrubs omnibus.
Wrongful Imprisonment: Mistaken Convictions and their Consequences (Routledge Revivals)
by Ruth Brandon Christie DaviesFirst published in 1973, Wrongful Imprisonment aims to combine the human interest of individual cases of wrongful imprisonment with a general analysis of how and why they occur. It deals in detail with the English system, but also provides comparisons with Scotland, France, and the United States. The authors spent three years collecting material from newspaper reports, trial transcripts, books, lawyers, the Home Office and – most important – interviews with the persons concerned. As a result, they have been able to analyse objectively the existing system of justice; they have isolated and identified the areas in which the system is at fault, and the successive hazards which may confront the innocent man suspected of a criminal offence; they have also revealed the many obstacles which have to be overcome by the wrongfully imprisoned man seeking to establish his innocence and regain his liberty. This topical and convincingly argued book should appeal not only to students of law and sociology, or to lawyers, policemen, criminals, and others involved in the system of criminal justice, but also to the man in the Wormwood Scrubs omnibus.
Wrongs and Crimes (Criminalization)
by Victor TadrosThe Criminalization series arose from an interdisciplinary investigation into criminalization, focussing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications of offences? The sixth volume in the series offers a philosophical investigation of the relationship between moral wrongdoing and criminalization. Considering they justification of punishment, the nature of harm, the importance of autonomy, inchoate wrongdoing, the role of consent, and the role of the state, the book provides an account of the nature of moral wrong doing, the sources of wrong doing, why wrong doing is the central target of the criminal law, and the ways in which criminalization of non-wrongful conduct might be permissible.
Wrongs and Crimes (Criminalization)
by Victor TadrosThe Criminalization series arose from an interdisciplinary investigation into criminalization, focussing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications of offences? The sixth volume in the series offers a philosophical investigation of the relationship between moral wrongdoing and criminalization. Considering they justification of punishment, the nature of harm, the importance of autonomy, inchoate wrongdoing, the role of consent, and the role of the state, the book provides an account of the nature of moral wrong doing, the sources of wrong doing, why wrong doing is the central target of the criminal law, and the ways in which criminalization of non-wrongful conduct might be permissible.
Wrongs, Harms, and Compensation: Paying for our Mistakes (Oxford Private Law Theory)
by Adam SlavnyNon-instrumentalist private law theory has been dominated by an interpretivist methodology that seeks to understand the concepts, doctrines, and structures of the law in principled terms. This has resulted in the neglect of purely normative analysis and a failure to engage systematically with the methodologies of moral and political philosophy. Wrongs, Harms, and Compensation: Paying for our Mistakes departs from this approach, arguing instead that the justification of tort law is dependent on our underlying moral corrective duties. In this book, Adam Slavny develops a pluralistic account of these duties, which encompasses both wrongful and non-wrongful conduct, complicating the view that torts should be regarded as a coherent set of wrongs. He also places the practice of enforcing corrective duties in a broader context, arguing that it should not be isolated or immune to critiques based on distributive justice, and that our duties are in fact consistent with institutional arrangements other than tort law, including various types of compensation schemes. What emerges is neither a wholesale defence of or attack on tort law, but an insistence that its normative foundations are much more complex, diverse, and malleable than a focus on current legal practices would suggest.
Wrongs, Harms, and Compensation: Paying for our Mistakes (Oxford Private Law Theory)
by Adam SlavnyNon-instrumentalist private law theory has been dominated by an interpretivist methodology that seeks to understand the concepts, doctrines, and structures of the law in principled terms. This has resulted in the neglect of purely normative analysis and a failure to engage systematically with the methodologies of moral and political philosophy. Wrongs, Harms, and Compensation: Paying for our Mistakes departs from this approach, arguing instead that the justification of tort law is dependent on our underlying moral corrective duties. In this book, Adam Slavny develops a pluralistic account of these duties, which encompasses both wrongful and non-wrongful conduct, complicating the view that torts should be regarded as a coherent set of wrongs. He also places the practice of enforcing corrective duties in a broader context, arguing that it should not be isolated or immune to critiques based on distributive justice, and that our duties are in fact consistent with institutional arrangements other than tort law, including various types of compensation schemes. What emerges is neither a wholesale defence of or attack on tort law, but an insistence that its normative foundations are much more complex, diverse, and malleable than a focus on current legal practices would suggest.