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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Wickedness and Crime: Laws of Homicide and Malice

ISBN13: 9781138915114
Published: May 2015
Publisher: Routledge
Country of Publication: UK
Format: Paperback (Hardback in 2013)
Price: £29.99
Hardback edition , ISBN13 9780415820158

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Malice of Law examines how criminal legal doctrine and jurisprudence organises and expresses ideas about wickedness through the prism of malice.

Whilst many legal theorists accept that the criminal legal system is a system of blaming, they do not consider that blaming involves censure or reproof for fault, wrong, badness or wickedness. Historically, the link between criminal law and morality was explicit, and expressed through evaluative terms in offence formulae such as malice and mens rea. Now, however, there is a tendency to think of crime in neutral procedural terms and to avoid reference to its normative elements.

Through an analysis, which is both historical and contemporary, Penny Crofts reverses this modern tendency by addressing how the legal system communicates what it means to be at fault - to be bad, or to be wicked. Despite claims to the contrary, criminal law communicates and sanctions particular models of wickedness.

Arguing that the current dominant idea of wickedness communicated in criminal law lacks nuance and fails to explain much of what the legal system does, Malice of Law examines its implications in terms of the legal subject, social responsibility and the jurisdiction of the legal system.

Criminal Law, Jurisprudence
Chapter 1. Introduction
Chapter 2. Medieval Malice: disorder and purity of heart
Chapter 3. The poisoned apple of malice
Chapter 4. Stephen's monstrous malice
Chapter 5. Malevolent outlaw of law
Chapter 6. The negligence of Lavender
Chapter 7. Conclusion