Stephen Shute - Böcker

Criminal law has been described as a species of political and moral philosophy; whether that can be said to be true is not at all certain, but criminal law can be the subject of philosophical study. The aim of this book is to explore some of the philosophical foundations of the criminal law. The distinguished English and North American contributors to this volume have all produced original and sparkling essays which will command attention.

This is a challenging collection of essays on the theory of criminal law by leading philosophers from the UK, USA, and Canada. Ranging across such central issues as moral luck, mistake, and mental illness, Action and Value in Criminal Law aims to reorientate the study of criminal law.

Written by leading philosophers and lawyers from the United States and the United Kingdom, this collection of original essays offers new insights into the doctrines that make up the general part of the criminal law. It sheds theoretical light on the diversity and unity of the general part and advances our understanding of such key issues as criminalisation, omissions, voluntary actions, knowledge, belief, reckelssness, duress, self-defence, entrapment and officially-induced mistake of law. The book will be of interest both to established scholars working in the field of criminal law theory and to those coming to the subject for the first time.

Are there any human rights that apply to all women and all men in all cultures at all times? Can we ground human rights in an abstract rationality possessed by every human being? Or, as some philosophers have claimed, are attempts to ground human rights doomed to failure? Do human rights in any case need such grounding? On Human Rights, the second book in the Oxford Amnesty Lecture Series, presents the opinions of seven distinguished contributors who approach the problem of universal human rights from a variety of perspectives using a wealth of contemporary and historical material. The essays make a significant contribution to the theory and practice of human rights . They grapple with the hard questions that confront anyone concerned with responding appropriately to the numerous violations of human rights that surround us.

This book reports on research which investigates the perceptions of ethnic minorities concerning their treatment in the criminal courts. It examines the extent to which ethnic minority defendants and witnesses in both the Crown Court and the magistrates' courts perceived their treatment to have been unfair, whether they believed any unfairness to have been the result of ethnic bias, and whether this had affected their confidence in the criminal courts. The study, carried out by the Oxford Centre for Criminological Research in association with the University of Birmingham for the Lord Chancellor's Department, involved observations of cases and interviews with more than a thousand people (defendants, witnesses, barristers, solicitors, judges, magistrates and others), and focused on courts in Manchester, Birmingham and London. A Fair Hearing? Ethnic minorities in the criminal courts begins by showing how widely held the belief has been that ethnic minorities are discriminated against by the courts and by other agencies in the criminal justice system. It discusses the factors that contributed to this belief, including the findings of the Macpherson Report and the notion of 'institutional racism'. The main part of the book then looks at the institutional setting in which the research took place, the experience of defendants and witnesses, their views about how they were treated by the criminal courts, and the views of others involved in the court process. Final chapters in the book address the issue of sensitivity to ethnicity on the part of judges, magistrates and lawyers. It shows that attitudes and practices are perceived to have changed for the better and examines what more needs to be done to increase the confidence that members of ethnic minorities have in the fairness of the criminal courts.