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Borderlines in Private Law

Edited by: William Day, Julius Grower
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Fault in Criminal Law: A Research Companion

Edited by: Alan Reed, Michael Bohlander

ISBN13: 9781032245362
Published: August 2022
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £175.00



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This volume presents a comparative examination of the issue of Fault in Criminal Law. Extant law reveals significant problems in adoption of consistent approaches to doctrinal and theoretical underpinnings of fault liability and culpability thresholds in Criminal Law. This has been exemplified by a plethora of recent jurisprudential authorities revealing varying degrees of confusion and vacillation. This collection focuses on fault liability for inculpation with contributions from leading specialists from different jurisdictions presenting alternative perspectives. The book addresses three specific elements within the arena of fault, embracing an overarching synergy between them. This structure facilitates an examination of UK provisions, with specialist contributions on domestic law, and in contrasting these provisions against alternative domestic jurisdictions as well as comparative contributions addressing a particularised research grid for content. The comparative chapters provide a wider background of how other legal systems treat a variety of specialised issues relating to fault elements in the context of the Criminal Law. With contributions from leading experts in the field, the book will be an invaluable resource for researchers, academics and practitioners working in this area.

Subjects:
Criminal Law
Contents:
Part 1
The Fault Requirement of Indecent Photographs of Children
Alisdair A. Gillespie
Defining Fault in Loss of Control: Determining Culpability Through Excuse Theory
Amanda Clough
Strict Liability Crimes: The Contours of Liability and Crimogenic Impact
Alan Reed
Causation, Fault and Responsibility
G.R. Sullivan, A.P. Simester
Understanding the ‘Fault’ in Prior-Fault Intoxication: Insights from Behavioural Neuroscience
John J. Child, Hans S. Crombag, Rudi Fortson QC
Ages of Consent and Responsibility in Criminal Law: Should They be the Same?
Jonathan Herring
Fault, Article 7 and the Courts’ Development of the Criminal Law
Jeremy Horder
‘Crimes of Passion’: Emotion, Fault and the Criminal Law
John E. Stannard
Part 2
Germany
Kai Ambos, Stefanie Bock
Australia
Mirko Bagaric
United States of America
Vera Bergelson
Russia
Gleb Bogush
Islam
Mohammad Hedayati-Kakhki
Africa
Gerhard Kemp, Bernard Ntahiraja
China
Andra le Roux-Kemp