Aug 06, · –––, , “On Justifications and Excuses”, in L. Zedner and J. Roberts (eds.), Principles and Values in Criminal Law and Criminal Justice: Essays in Honour of Andrew Ashworth, Oxford: Oxford University Press Criminal Law Notes, cases, and materials on criminal law. Topic Notes. Cases. Past Papers. Back to Subjects | Back to Law. Topic Notes. Introduction to Criminal Law. and said to Petra, ‘If you don’t go and deal with Ozzie right now, I’ll report you for cheating in your assessed essays and I’ll push you under a bus tomorrow!’ Petra Modern criminal law has been affected considerably by the social sciences, especially with respect to sentencing, legal research, legislation, and rehabilitation. On the international field, countries are members of the International Criminal Court, which was established to try people for crimes against humanity
William Riddle | CRIMINAL ATTORNEY| Elkton, MD
The law is legislation created and enforced through social or governmental institutions to regulate behavior, [2] with its precise definition a matter of longstanding debate. Private individuals may create legally binding contracts criminal law essays, including arbitration agreements that adopt alternative ways of resolving disputes to standard court litigation, criminal law essays.
The creation of laws themselves may be influenced by a constitutionwritten or tacit, and the rights encoded therein. The law shapes politicseconomicshistory and society in criminal law essays ways and serves as a mediator of relations between people.
Legal systems vary between countries, with their differences analysed in comparative law. In civil law jurisdictionsa legislature or other central body codifies and consolidates criminal law essays law.
In common law systems, judges make binding case law through precedent[11] although on occasion this may be overturned by a higher court or the legislature.
Law's scope can be divided into two domains. Public law concerns government and society, including constitutional lawadministrative lawand criminal law. Law provides a source of scholarly inquiry into legal history[23] philosophycriminal law essays economic analysis [25] and sociology. But what, after all, is a law? Jean-Jacques Rousseau, The Social ContractII, criminal law essays, 6.
The philosophy of law is commonly known as jurisprudence. Normative jurisprudence asks "what should law be? There have been several attempts to produce "a universally acceptable definition of law". InBaron Hampstead suggested that no such definition could be produced. He said that, for example, " early customary law " and " municipal law " were contexts where the word "law" had two different and irreconcilable meanings, criminal law essays.
One definition is that law is a system of rules and guidelines which are enforced through social institutions to govern behaviour. Definitions of law often raise the question of the extent to which law incorporates morality. The concept of "natural law" emerged in ancient Greek philosophy concurrently and in connection with the notion of justice, and re-entered the mainstream of Western culture through the writings criminal law essays Thomas Aquinasnotably his Treatise on Law.
When having completed the first two parts of his book Splendeurs et misères des courtisaneswhich he intended to be the end of the entire work, Honoré de Balzac visited the Conciergerie. Thereafter, he decided to add a third part, finally named Où mènent les mauvais chemins The Ends of Evil Waysentirely dedicated to describing the conditions in prison. The law is good, it is necessary, its execution is poor, and the manners judge the laws based on the manner in which they are executed.
Hugo Grotiusthe founder of a purely rationalistic system of natural law, argued that law arises from both a social impulse—as Aristotle had indicated—and reason. Bentham and Austin criminal law essays for law's positivism ; that real law is entirely separate from "morality". Inthe Austrian philosopher Hans Kelsen continued the positivist tradition in his book the Pure Theory of Law.
While laws are positive "is" statements e. Thus, each legal system can be hypothesised to have a basic norm Grundnorm instructing us to obey. Kelsen's major opponent, Carl Schmittrejected both positivism and the idea of the rule of law because he did not accept the primacy of abstract normative principles over concrete political positions and decisions. Later in the 20th century, H. Hart attacked Austin for his simplifications and Kelsen for his fictions in The Concept of Law.
Secondary rules are further divided into rules of adjudication to resolve legal disputesrules of change allowing laws to be varied and the rule of recognition allowing laws to be identified as valid. Two of Hart's students continued the debate: In his book Law's EmpireRonald Dworkin attacked Hart and the positivists for their refusal to treat law as a moral issue. Dworkin argues that law is criminal law essays " interpretive concept", [37] that requires judges to find the best fitting and most just solution to a legal dispute, given their constitutional traditions.
Joseph Razon the other hand, defended the positivist criminal law essays and criticised Hart's "soft social thesis" approach in The Authority of Law. In his view, any categorisation of rules beyond their role as authoritative instruments in mediation are best left to sociologyrather than jurisprudence. The history of law links closely to the development of civilization. Ancient Egyptian law, dating as far back as BC, was based on the concept of Ma'at and characterised by tradition, rhetorical speech, social equality and impartiality, criminal law essays.
Around Criminal law essays, King Hammurabi further developed Babylonian lawby codifying and inscribing it in stone. Hammurabi placed several copies of his law code throughout the kingdom of Babylon as stelaefor the entire public to see; this became known as the Codex Hammurabi.
The most intact copy of these stelae was discovered in the 19th century by British Assyriologistsand criminal law essays since been fully transliterated and translated into various languages, including English, Italian, German, and French. The Old Testament dates back to BC and takes the form of moral imperatives as recommendations for criminal law essays good society.
The small Criminal law essays city-state, ancient Athensfrom about the 8th century BC was the first society to be based on broad inclusion of its citizenry, excluding women and the slave class. However, Athens had no legal science or single word for "law", [60] relying instead on the three-way distinction between divine law thémishuman decree nomos and custom díkē. Roman law was heavily influenced by Greek philosophy, but its detailed rules were developed by professional jurists and were highly sophisticated.
Latin legal maxims called brocards were compiled for guidance, criminal law essays. In medieval England, royal courts developed a body of precedent which later became the common law. A Europe-wide Law Merchant was formed so that merchants could trade with common standards of practice rather than with the many splintered facets of local laws.
The Law Criminal law essays, a precursor to modern commercial law, emphasised the freedom to contract and alienability of property. The Napoleonic criminal law essays German Codes became the most influential.
In contrast to English common law, which consists of enormous tomes of case law, codes in small books are easy to export and easy for judges to apply. However, today there are signs that civil and common law are converging. Ancient India and China represent distinct traditions of law, and have historically had independent schools of legal theory and practice.
The Arthashastraprobably compiled around AD although it contains older materialand the Manusmriti c, criminal law essays. The eastern Asia legal tradition reflects a unique blend of secular and religious influences. Similarly, traditional Chinese law gave way to westernisation towards the final years of criminal law essays Qing Dynasty in the form of six private law codes based mainly on the Japanese model of German law.
The current legal infrastructure in the People's Republic of China was heavily influenced by Soviet Socialist lawwhich essentially inflates administrative law at the expense of private law rights.
A new contract code in represented a move away from administrative domination. In general, criminal law essays, legal systems can be split between civil law and common law systems. The third type of legal system—accepted by some countries without separation of church and state —is religious law, based on scriptures. The specific system that a country is ruled by is often determined by its history, connections with other countries, or its adherence to international standards.
The sources that jurisdictions adopt as authoritatively binding are the defining features of any legal criminal law essays. Yet classification is a matter of form rather than substance since similar rules often prevail.
Civil law is the legal system used in most countries around the world today. In civil law the sources recognised as authoritative are, primarily, legislation—especially codifications in constitutions or statutes passed by government—and custom.
Modern civil law systems essentially derive from legal codes issued by Byzantine Emperor Justinian I in the 6th century, which were rediscovered by 11th century Italy. Decisions were not published in any systematic way, so any case law that developed was disguised and almost criminal law essays. From to AD the Byzantine Emperor Justinian I codified and consolidated Roman law up until that point, so that what remained was one-twentieth of the mass of legal texts criminal law essays before.
As one legal historian wrote, "Justinian consciously looked back to the golden age of Roman law and aimed to restore it to the peak it had reached three centuries before, criminal law essays. Western Europe, meanwhile, relied on a mix of the Theodosian Code and Germanic customary law until the Justinian Code was rediscovered in the 11th century, and scholars at the University of Bologna used it to interpret their own laws.
Both these codes influenced heavily not only the law systems of the countries in continental Europe e. Greecebut also the Japanese and Korean legal traditions. Anarchism has been practiced in society in much of the world. Mass anarchist communitiesranging from Syria to the United States, exist and vary from hundreds to millions. Anarchism encompasses a broad range of social political philosophies with different tendencies and implementation.
Anarchist law primarily deals with how anarchism is implemented upon a society, the framework based on decentralized organizations and mutual aidwith representation through a form of direct democracy.
Laws being based upon their need. Socialist law is the legal systems in communist states such as the former Soviet Union and the People's Republic of China. In common law legal systems, decisions by courts are explicitly acknowledged as "law" on equal footing with statutes adopted through the criminal law essays process and with regulations issued by the executive branch. The "doctrine of precedent", or stare decisis Latin for "to stand by decisions" means that decisions by higher courts bind lower courts, and future decisions of the same court, to assure that similar cases reach similar results.
In contrastcriminal law essays, in " civil law " systems, legislative statutes are typically more detailed, and judicial decisions are shorter and less detailed, because the judge or barrister is only writing to decide the single case, rather than to set out reasoning that will guide future courts, criminal law essays.
Common law originated from England and has been inherited by almost every country once tied to the British Empire except Malta, Scotlandcriminal law essays, the U. state of Louisianaand the Canadian province of Quebec. In medieval England, the Norman conquest the law varied-shire-to-shire, based on disparate tribal customs.
The concept of a "common law" developed during the reign of Henry II during the late 12th century, when Henry appointed judges that had authority to create an institutionalised and unified system of law "common" to the country. The next major step in the evolution of the common law came when King John was forced by his barons to sign a document limiting his authority to pass laws.
This "great charter" or Magna Carta of also required that the King's entourage of judges hold their courts and judgments at "a certain place" rather than dispensing autocratic justice in unpredictable places about the country. Infor instance, while the highest court in France had fifty-one judges, the English Court of Common Pleas had five.
However, the system became overly systematised—overly rigid and inflexible. As a result, as time went on, increasing numbers of citizens petitioned the King to override the common law, and on the King's behalf the Lord Chancellor gave judgment to do what was equitable in a case, criminal law essays. From the time of Sir Thomas Morethe first lawyer to be appointed as Lord Chancellor, a systematic body of equity grew up alongside the rigid common law, and developed its own Court of Chancery.
At first, equity was often criticised as erratic, that it varied according to the length of the Chancellor's foot. In developing the common law, academic writings have always played an important part, criminal law essays to collect overarching principles from dispersed case law, and to argue for change. William Blackstonefrom aroundwas the first scholar to collect, describe, and teach the common law, criminal law essays.
Religious law is explicitly based on religious precepts. Examples include the Jewish Halakha and Islamic Sharia —both of which translate as the "path to follow"—while Christian canon law also survives in some church communities, criminal law essays. Often the implication of religion for law is unalterability, because the word of God cannot be criminal law essays or legislated against by judges or governments, criminal law essays. For instance, the Quran has some law, and it acts as a source of further law through interpretation, [] Qiyas reasoning by analogyIjma consensus and precedent.
This is mainly contained in a body of law and jurisprudence known as Sharia and Fiqh respectively.
Criminal Law: Introduction (Burdens of Production \u0026 Persuasion) [LEAP Preview]
, time: 34:26Theories of Criminal Law (Stanford Encyclopedia of Philosophy)
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