Structure and Function in Criminal Law
Series: Oxford Monographs on Criminal Law and Justice;
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Product details:
- Publisher Clarendon Press
- Date of Publication 18 September 1997
- ISBN 9780198258865
- Binding Hardback
- No. of pages286 pages
- Size 243x163x21 mm
- Weight 593 g
- Language English 0
Categories
Short description:
Professor Robinson provides a new critique of the often neglected problem of classification within the criminal law. He presents a discussion of the present conceptual framework of the law, and offers explanations of how and why formal structures do not match the operation of law in practice. In this scholarly exposition of applied criminal theory, Robinson argues that the current operational structure of the criminal law fails to take account of its different functions. He goes on to suggest new sample codes of criminal conduct and criminal adjudication which mark a real departure from the pragmatic approach which presently dominates code-making.
MoreLong description:
Professor Robinson provides a new critique of the often neglected problem of classification within the criminal law. He presents a discussion of the present conceptual framework of the law, and offers explanations of how and why formal structures do not match the operation of law in practice. In this scholarly exposition of applied criminal theory, Robinson argues that the current operational structure of the criminal law fails to take account of its different functions. He goes on to suggest new sample codes of criminal conduct and criminal adjudication which mark a real departure from the pragmatic approach which presently dominates code-making. This rounded exploration of the structure of systems of criminal law is an important work for law teachers and policy makers world-wide.
... stimulating book .../ This is an important book, and reading it is thoroughly to be recommended./ ... the questions he asks are powerful and challenging./ A. P. Simester, The Cambridge Law Journal, 1998.
Table of Contents:
Part I: Introduction
Structure and Function in Criminal Law
The Formal Structure of Current Criminal Law
Part II: Operational Structure
The Definition of Offenses
Principles of Imputation
General Defenses
Part III: Functional Structure
A Functional Analysis of Criminal Law
The Rules of Conduct
The Doctrines of Liability
The Doctrines of Grading
Appendices
A Code of Criminal Conduct
A Code of Criminal Adjudication
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