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Homicide and the politics of law reform / Jeremy Horder.
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Title:Homicide and the politics of law reform / Jeremy Horder.
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Author/Creator:Horder, Jeremy.
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Published/Created:Oxford, U.K. : Oxford University Press, ©2012.
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Holdings
Holdings Record Display
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Location:LAW LIBRARY (level 3)Where is this?
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Call Number: KD7963 .H67 2012
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Number of Items:1
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Status:Available
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Location:LAW LIBRARY (level 3)Where is this?
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Library of Congress Subjects:Homicide--Great Britain--History.
Law reform--Political aspects--Great Britain--History.
Criminal liability--Great Britain.
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Edition:1st ed.
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Description:xx, 275 p. : ill. ; 24 cm.
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Series:Oxford monographs on criminal law and criminal justice.
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Notes:Includes bibliographical references (page [xi] & [256]-268) and index.
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ISBN:9780199561919 (cloth)
0199561915 (cloth)
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Contents:Machine generated contents note: 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. 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. Rise of Regulation and the Fate of the Common Law
I. Introduction
II. Homicide Offences: The Traditional-Codificatory View
III. Traditional-Codificatory Account Theorized
IV. Homicide Offences: Competing Models
V. 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. Law Commission's Three-tier Structure for Homicide
II. Fault Element for First Degree Murder
III. Second Degree Murder: Cases of Intending Serious Injury
IV. 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. Public Culture of Neglect: Employers, Employees, and Consumers
II. Reach of the Duty of Care: Public and Private Organizations
III. 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 Liability
5. Violating Physical Integrity: Manslaughter by Intentional Attack
I. `Pure' Form of Manslaughter
II. Two Essential Features of the Pure Form of Manslaughter
III. Importance of the Intrinsic Value of Physical Integrity
IV. Value of Physical Integrity and Fault Requirements in Homicide
V. Current Law and the Pure Case of Manslaughter Compared
VI. 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 Murder
I. 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. Problem of Distinguishing the General from the Particular
VII. Viable Alternative?
VIII. Concluding Remarks
7. Transferred Malice and the Remoteness of Outcomes from Intentions
I. `Impersonality' and the `Prohibited Outcome' Doctrines
II. Transferred Malice and the `Remoteness' Principle
III. Is There Simply a Break in the Causal Chain in Examples 1-3?
IV. Prohibited Outcome and Remoteness Doctrines, Transferred and Translated Intent
V. Serious Harm Doctrine, the Prohibited Outcome Doctrine, and the Remoteness Principle
VI. Criticisms of Simister and Sullivan et al
III. DEFENCES TO MURDER
8. Wrong Turnings on Defences to Murder
I. Civilized Law and Law Reform
II. Defective Foundations: The Royal Commission and the 1957 Act
III. Excessive Defence: The Final Frontier?.