Buch, Englisch, 368 Seiten, Format (B × H): 163 mm x 236 mm, Gewicht: 706 g
Buch, Englisch, 368 Seiten, Format (B × H): 163 mm x 236 mm, Gewicht: 706 g
ISBN: 978-0-19-969679-6
Verlag: OXFORD UNIV PR
scholarship has been immense. Advancing his project of exploring normative issues at the heart of criminal law and criminal justice, the contributors examine the important and fascinating debates in which Ashworth's influence has been greatest.
The essays fall into three distinct but related areas, reflecting Ashworth's primary spheres of influence. Those in Part 1 address the import and role of principles in the development of a just criminal law, with contributions focusing upon core tenets such as the presumption of innocence, fairness, accountability, the principles of criminal liability, and the grounds for defences. Part 2 addresses questions of human rights and due process protections in both domestic and international law. In
Part 3 the essays are addressed to core issues in sentencing and punishment: they explore questions of equality, proportionality, adherence to the rule of law, the totality principle (in respect of multiple offences), wrongful acquittals, and unduly lenient sentences. Together they demonstrate how
important Ashworth's work has been in shaping how we think about criminal law and criminal justice, and make their own invaluable contribution to contemporary discussions of criminalization and punishment.
Zielgruppe
Academics and scholars, practitioners, and students of criminal law, criminal justice, criminalization, and sentencing
Autoren/Hrsg.
Fachgebiete
Weitere Infos & Material
Foreword by Roger Hood: Andrew Ashworth: A Tribute
Lucia Zedner and Julian Roberts: Editors' Introduction
Part 1. Criminal Law
1: John Gardner: Ashworth on Principles
2: Nicola Lacey: Principles, Policies, and Politics of Criminal Law
3: Jeremy Horder: Criminal Attempt, the Rule of Law, and Accountability in Criminal Law
4: R.A. Duff: Presuming Innocence
5: Victor Tadros: Fair Labelling and Social Solidarity
6: Douglas Husak: Distraction and Negligence
7: Andrew Simester: On Justifications and Excuses
8: Barry Mitchell: Years of Provocation, Followed by a Loss of Control
Part 2. Criminal Process and Human Rights
9: Liora Lazarus: Positive Obligations and Criminal Justice: Duties to Protect or Coerce?
10: Mike Redmayne: Exploring Entrapment
11: Paul Roberts: Excluding Evidence as Protecting Constitutional or Human Rights?
12: Dirk van Zyl Smit: Community Sanctions and European Human Rights Law
13: Andreas von Hirsch and Vivian Schorscher: A System of International Criminal Justice for Human Rights Violations: What is the General Justification for its Existence?
Part 3. Sentencing
14: Kate Warner: Equality Before the Law and Equal Impact of Sanctions: Doing Justice to Differences in Wealth and Employment Status
15: Elaine Player: Sentencing Women: Towards Gender Equality
16: Malcolm Thorburn: Proportionate Sentencing and the Rule of Law
17: Martin Wasik: Concurrent and Consecutive Sentences Revisited
18: Michael Tonry: 'Wrongful' Acquittals and 'Unduly Lenient' Sentences - Misconceived Problems that Provoke Unjust Solutions