Homicide and the politics of law reform / Jeremy Horder.

Format:

Book

Author/Creator:

Horder, Jeremy.

Series:

Oxford monographs on criminal law and criminal justice.

Oxford monographs on criminal law and justice

Language:

English

Subjects (All):

Homicide--England--History.

Homicide.

Homicide--Wales--History.

Law reform--Political aspects--England--History.

Law reform.

Law reform--Political aspects--Wales--History.

Physical Description:

1 online resource (296 p.)

Place of Publication:

Oxford : Oxford University Press, 2012.

Language Note:

English

Summary:

What makes murder, murder? How should we understand the difference between intentional and reckless killing? Should offenders be punished differently according to the perceived severity of their crime and when should they be excused?These questions are the topic of intense debate within legal circles and beyond in the UK, the US, and the rest of world. Jeremy Horder's role as the Law Commissioner for England and Wales on criminal law has given him unique insight into these questions and the debates surrounding them. Here he analyses the recent political and legal reform movements, offering a p

Contents:

Cover; Contents; Table of Cases; Table of Legislation; I. HOMICIDE LAW REFORM AND LAW REFORMERS: THE ENGLISH EXPERIENCE; 1. Safe in Whose Hands? Judges, Experts, and Public Opinion in the Homicide Reform Process; I. Introduction and Overview; II. The Ruling Elite and Criminal Law Reform: The Judiciary in Control; III. 'Seekers after Legal Paradise': Scholars and the Utopian World of Law-craft; IV. Officialdom, Interest Group Pluralism, and the Myth of Public Consultation; V. Opening Pandora's Box? Homicide Law and Public Opinion; 2. The Rise of Regulation and the Fate of the Common Law

I. IntroductionII. Homicide Offences: The Traditional-Codificatory View; III. The Traditional-Codificatory Account Theorized; IV. Homicide Offences: Competing Models; V. The Regulatory Model Exemplified; VI. Murder and Manslaughter: The Growing Crisis of Confidence; VII. Pressure Group Politics and Specialized Offences; VIII. Homicide: Reconciling Common Law and Regulatory Values; II. HOMICIDE OFFENCES: DISPUTING THE BOUNDARIES; 3. On Being, Morally and Legally Speaking, a 'Murderer'; I. The Law Commission's Three-tier Structure for Homicide; II. The Fault Element for First Degree Murder

III. Second Degree Murder: Cases of Intending Serious InjuryIV. Second Degree Murder: Tackling Reckless Killing; V. Taylor's Criticisms of the Final Recommendations; VI. Questioning the Aspiration for a Codified 'Law of Homicide'; VII. Plural Values and the Virtues of Piecemeal Reform; 4. Corporate Manslaughter and Public Authorities; I. A Public Culture of Neglect: Employers, Employees, and Consumers; II. The Reach of the Duty of Care: Public and Private Organizations; III. The Potential Impact of the 2007 Act on Negligent NHS Trusts; IV. Proving Fault under the 2007 Act

V. Privileging the Public Sector: the Exemptions from Liability5. Violating Physical Integrity: Manslaughter by Intentional Attack; I. The 'Pure' Form of Manslaughter; II. The Two Essential Features of the Pure Form of Manslaughter; III. The Importance of the Intrinsic Value of Physical Integrity; IV. The Value of Physical Integrity and Fault Requirements in Homicide; V. The Current Law and the Pure Case of Manslaughter Compared; VI. The Place of Manslaughter in Homicide Law and Manslaughter in its Place; VII. Violations, Invasions of Interests, Recklessness, and Risking Death

6. Joint Criminal Ventures and MurderI. Murder during a Joint Criminal Venture: The Failures at Common Law; II. Murder in a Joint Criminal Venture: The Abandoned Path to Reform; III. Codifying Complicity Law: How 'Benthamite' Should One Be?; IV. Clause 2, Uncertainty, and Article 7 of the European Convention; V. Murder and Joint Ventures: The Provisions of the 'Discarded' Bill; VI. The Problem of Distinguishing the General from the Particular; VII. A Viable Alternative?; VIII. Concluding Remarks; 7. Transferred Malice and the Remoteness of Outcomes from Intentions

I. The 'Impersonality' and the 'Prohibited Outcome' Doctrines

Notes:

Description based upon print version of record.

Includes bibliographical references (p. [256]-268) and index.

Description based on online resource; title from PDF title page (viewed on Aug. 13, 2012).

Description based on publisher supplied metadata and other sources.

ISBN:

0-19-174330-5

1-283-57693-7

9786613889386

0-19-163594-4

OCLC:

811490546