Positive obligations in criminal law

Law of the United Kingdom and Ireland > England and Wales > KD7869

Edition Details

Language: English
Jurisdiction(s): England
Publication Information: Oxford ; Portland, OR : Hart Publishing, [2013]
Type: Book
Permalink: https://books.lawi.org.uk/positive-obligations-in-criminal-law/ (Stable identifier)

Short Description

X, 221 pages ; 24 cm

Purpose and Intended Audience

Useful for students learning an area of law, Positive obligations in criminal law is also useful for lawyers seeking to apply the law to issues arising in practice.

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Bibliographic information

Responsable Person: Andrew Ashworth.
Publication Date: 2013
Country/State: England
Number of Editions: 12 editions
First edition Date: 2013
Last edition Date: 2014
Languages: British English
Library of Congress Code: KD7869
Dewey Code: 345
ISBN: 1849465053 9781849465052
OCLC: 826997353

Main Contents

1: Is the Criminal Law a Lost Cause?
1.1 Distinguishing Criminal Offences by Reference to their Content
1.2 The Procedural Distinction
1.3 The Functional Distinction
1.4 Proceedings and Protections
1.5 The Seriousness of Wrongdoing
1.6 Equal Treatment, Countervailing Interests and Differential Enforcement
1.7 Criminalisation and Sentencing
1.8 The Principled Core of Criminal Law
2: Criminalising Omissions
2.1 The Place of Omissions in the Criminal Law
2.2 The Foundations of Legal Duties
2.3 A Re-appraisal of Duty-Situations
2.4 Omissions Offences and the Rule of Law
2.5 The Contours of Omissions Liability
2.6 Omissions as Offence-Elements
2.7 What Duty-Situations Should Require
3: Ignorance of the Criminal Law, and Duties to Avoid it
3.1 Is Ignorance of the Criminal Law No Defence?
3.2 The Ignorance-of-Law Doctrine and the Principle of Legality
3.3 Three Different Contexts for Ignorance of the Criminal Law
3.4 What are the State’s Obligations?
3.5 Some Practical Implications
4: Should Strict Criminal Liability be Removed from All Imprisonable Offences?
4.1 What is Strict Criminal Liability?
4.2 Reasons for Requiring Fault for Criminal Conviction
4.3 Serious Crime: Limitations and Exceptions
4.4 Imprisonment Without Fault
5: A Change of Normative Position: Determining the Contours of Culpability in Criminal Law
5.1 Unlawful Act Theory
5.2 The Nub of Subjectivism
5.3 Moderate Constructivism, Autonomy and the Rule of Law
5.4 The Idea of Change of Normative Position
5.5 Determining the Effect of a Change of Normative Position
5.6 Change of Normative Position by Acting Knowingly
5.7 Moderate Constructivism Re-Stated
6: The Unfairness of Risk-Based Possession Offences
6.1 Risk-Based Possession Offences
6.2 Possession Offences and Core Doctrines
6.3 Possession as a Form of Endangerment
6.4 If Possession is Criminalised, How should it be Sentenced?
6.5 Conclusions: Possession Offences and Criminal Law Doctrine
7: Child Defendants and the Doctrines of the Criminal Law
7.1 Childhood
7.2 Children as Moral Agents
7.3 The State’s Response to Children’s Bad Behaviour
7.4 The Effect of Childhood on General Defences to Criminal Liability
7.5 The Effect of Childhood on Consent
7.6 The Effect of Childhood on Mens Rea
8: Human Rights and Positive Obligations to Create Particular Criminal Offences
8.1 The Range of Positive Obligations under the European Convention on Human Rights
8.2 Duty to Secure Article 8 Rights
8.3 Duty to Secure Article 3 Rights
8.4 Duty to Secure Article 2 Rights
8.5 Duty to Secure Article 4 Rights.

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Find it in the Library of Congress:

If you wish to locate similar books to “Positive obligations in criminal law”, they can be found under the 345 in a public library, and the Library of Congress call numbers starting with KD7869 in most university libraries. If you wish to look up similar titles to “Positive obligations in criminal law” in an on-line library catalog, the official Library of Congress Subject Headings under which they can be found are:

Criminal law
Criminal liability
England
Obligations (Law)
Wales

Positive obligations in criminal law

Positive obligations in criminal law