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Vol 23 No 3 March/April 2018

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Codification, Macaulay and the Indian Penal Code: The LegCodification, Macaulay aacies and Modern Challenges of Criminal Law Reform

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Edited by: ChanAuthor, Barry Wright, Stanley Yeo

ISBN13: 9781409424420
Published: July 2011
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £115.00

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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. This 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 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.

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Other Jurisdictions , India
Part 1 Background and Overview: Revitalising Macaulay's Indian penal code, Stanley Yeo and Barry Wright
Macaulay's Indian penal code: historical context and originating principles, Barry Wright.
Part 2 Principles of Culpability: The fault elements of offences, Neil Morgan
The conduct element of offences, Bob Sullivan
Mistake and strict liability, Kumaralingam Amirthalingam
Abetment, criminal conspiracy and attempt, Wing-Cheong Chan
Vicarious liability, Michael Hor.
Part 3 Principles of Exculpation: Private defence, Cheah Wui Ling
Duress and necessity, Stanley Yeo
Insanity, Gerry Ferguson
Intoxication, Gerry Ferguson
Provocation, Ian Leader-Elliott.Part 4 Challenges of Codification and Criminal Law Reform: An evaluation of judicial interpretations of the Australian model criminal code, Matthew Goode
Recent law reform and codification of the general principles of criminal law in England and Wales: a tale of woe, Chris Clarkson
Principled criminal law reform: could Macaulay survive the age of governing through crime?, Mark Findlay