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Vol 21 No 11 Nov/Dec 2016

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Criminal Injuries Compensation Claims

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Law in Context: Crime, Reason and History: A Critical Introduction to Criminal Law 3rd ed isbn 9780521731683

Law in Context: Crime, Reason and History: A Critical Introduction to Criminal Law 2nd ed

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ISBN13: 9780521606011
ISBN: 0521606012
New Edition ISBN: 9780521731683
Previous Edition ISBN: 0406932468
Published: January 2001
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: Out of print



Original isbn - 0406932468
Crime, Reason and History provides an alternative approach to the study of the general principles of criminal law. It emphasises, in contrast to orthodox texts, the tensions and contradictions at the law's heart. The author outlines the themes of responsibility, rationality and justice which govern the orthodox criminal law text. He traces these to the early nineteenth century reform of the criminal law and notes conflicts within reform ideologies relating to the idea of the 'responsible individual'.

He then takes the reader through the bulk of the criminal law's 'general part' showing how conflicts from reform ideology emerge within criminal law. An historical and political logic underlies its illogicalities, giving it its 'shape'. The author presents a sceptical critique of the liberal positivist tradition in criminal law scholarship, and a social analysis of both its practical necessity and intellectual impossibility.

He shows how the ideology of individual legal justice was imposed as a means of excluding alternative political voices, while recognising its importance for the survival of the liberal polity.

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Subjects:
Criminal Law
Contents:
Part I. Context:
1. Contradiction, critique and criminal law
2. The historical context of criminal doctrine
Part II. Mens Rea:
3. Motive and intention
4. Recklessness
5. Strict and corporate liability
Part III. Actus Reus:
6. Acts and omissions
7. Causation
Part IV. Defences:
8. Necessity and duress
9. Insanity and diminished responsibility
Part V. Concluding:
10. Sentencing
Conclusion.