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Vol 21 No 11 Nov/Dec 2016

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General Defences in Criminal Law: Domestic and Comparative Perspectives

Edited by: Alan Reed, Michael Bohlander

ISBN13: 9781472433350
Published: January 2015
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: £85.00



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The law relating to general defences is one of the most important areas in the criminal law, yet the current state of the law in the United Kingdom reveals significant problems in the adoption of a consistent approach to their doctrinal and theoretical underpinnings, as exemplified by a number of recent developments in legislation and case law. A coherent and joined-up approach is still missing. This volume provides an analysis of the main contentious areas in British law, and proposes ways forward for reform.

The collection includes contributions from leading experts across various jurisdictions. Part I examines the law in the United Kingdom, with specialist contributions on Irish and Scottish law. Part II consists of contributions by authors from a number of foreign jurisdictions, all written to a common research grid for maximum comparability, which provide a wider background of how other legal systems treat problems relating to general defences in the context of the criminal law, and which may serve as points of reference for domestic law reform.

Subjects:
Criminal Law, Comparative Law
Contents:
Introduction.

Part I: How criminal defences work, William Wilson
Avoiding criminal liability and excessive punishment for persons who lack culpability: what can and should be done?, Bob Sullivan
Prior fault: blocking defences or constructing crimes, John J. Child
Transfer of defences, Michael Bohlander
Consent in the criminal law: the importance of relationality and responsibility, Jonathan Herring
Good and harm, excuses and justifications and the moral narratives of necessity, Susan Edwards
Duress and normative moral excuse: comparative standardisations and the ambit of affirmative defences, Alan Reed
Of blurred boundaries and prior fault: insanity, automatism and intoxication, Arlie Loughnan and Nicola Wake
Mistaken private defence: the case for reform, Claire de Than and Jesse Elvin
Statutory defences of reasonableness: inexcusable uncertainty or reasonable pragmatism, Christopher J. Newman
How do they do that? Automatism, coercion, necessity and mens rea in Scots criminal law, Claire McDiarmid
In a spirit of compromise: the Irish doctrine of excessive defence, John E. Stannard.

Part II:
Australia, Mirko Bagaric
Canada, Kent Roach
France, Catherine Elliott
Germany, Kai Ambos and Stefanie Bock
Islamic law, Mohammad M. Hedayati-Kakhki
The Netherlands, Erik Gritter
New Zealand, Julia Tolmie
South Africa, Gerhard Kemp
Sweden, Petter Asp and Magnus Ulvang
Turkey, R. Murat Onok
United States of America, Luis E Chiesa. Index.