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    The limits of criminal law : Anglo-German concepts and principles / edited by Matthew Dyson, Benjamin Vogel.

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    • Title:The limits of criminal law : Anglo-German concepts and principles / edited by Matthew Dyson, Benjamin Vogel.
    •    
    • Other Contributors/Collections:Dyson, Matthew, 1982- editor.
      Vogel, Beniamin, editor.
    • Published/Created:Cambridge : Intersentia, [2018]

    • Holdings

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    • Library of Congress Subjects:Criminal law--European Union countries.
      Criminal law--England.
      Criminal law--Germany.
      Comparative law.
    • Description:xxxii, 597 pages ; 26 cm
    • Summary:From a framework of core principles, 'The Limits of Criminal Law' explores the normative and performative limits of criminal law at the borders of crime with tort, non-criminal enforcement, medical law, business regulation, administrative sanctions, terrorism and intelligence law. It carefully juxtaposes and compares English and German law on each of these borders, drawing out underlying concepts and building a detailed picture of what shapes criminal law, where its limits come from, and what might motivate legal systems to strain, ignore or strengthen those limits.
    • Notes:Includes bibliographical references and index.
    • ISBN:1780686617 hardback
      9781780686615 hardback
    • Contents:Machine generated contents note: ch. 1 Introduction / Benjamin Vogel
      1. Purpose
      2. Methodology
      pt. I CORE PRINCIPLES OF CRIMINAL LAW
      ch. 2 Core Principles of English Criminal Law / Grant Lamond
      1. Background
      2. Nature of Criminal Liability
      3. Rule of Law
      4. Substantive Law
      5. Procedural Law
      6. Conclusion
      ch. 3 Core Legal Concepts and Principles Defining Criminal Law in Germany / Benjamin Vogel
      1. Background
      2. Constitutional Law Framework
      3. Substantive Law
      4. Procedural Law
      5. Impact of European Law
      6. Conclusion
      ch. 4 Core Principles Compared: The Law's Identity between Substance and Procedure / Benjamin Vogel
      pt. II CRIME AND TORT
      ch. 5 Overlap, Separation and Hybridity Across Crime and Tort / Matthew Dyson
      1. Introduction
      2. Where, How and Why the Border between Crime and Tort Developed
      3. Overlap and Separation in Substance and Procedure
      4. Hybridity: Sanctions and Remedies
      5. Conclusion
      ch. 6 Propria and Boundaries of Crime and Tort Frank Meyer
      1. Introduction
      2. Traditional Divide: Past, Present and Future
      3. New Actors, New Perspectives
      4. Typical Elements and Procedural Framework of Delictual and Criminal Liability
      5. Examples of the Interaction of Crime and Tort
      6. Key Lessons
      ch. 7 Crime and Tort Compared: The Place of Civil Liability Matthew Dyson and Benjamin Vogel
      pt. III CRIME AND MEDICAL
      ch. 8 Medicine and the Criminal Law in England and Wales / Jonathan Herring
      1. Introduction
      2. Overview of the Law
      3. Consent to Medical Treatment
      4. `Proper Medical Treatment' Exception
      5. Discussion
      6. Conclusions
      ch. 9 Medicine and the Limits of Criminal Law in Germany / Hans-Georg Koch
      1. Overview
      2. Issues Related to (Informed) Consent and to Medical Malpractice
      3. Issues Associated with Euthanasia
      4. Role of Criminal Law in Ensuring Compliance with Formal and Procedural Requirements
      5. Conclusion
      ch. 10 Crime and Medical Compared: Between Autonomy and Public Interest / Benjamin Vogel
      pt. IV CRIME AND REGULATION
      ch. 11 Criminal Law in England and Wales: Just Another Form of Regulatory Tool? / Rebecca Williams
      1. Introduction: The General UK Regulatory Landscape
      2. What is `Regulatory Criminal Law'?
      3. Recent History of Regulatory Criminal Law in the UK
      4. Underlying Questions: The Relationship between Criminal Law and Other Forms of Regulatory Sanction
      5. Using Criminal Law to Lead
      6. Conclusion
      ch. 12 Criminal Law as a Regulatory Tool / Wolfgang Wohlers
      1. Fairytale: Criminal Law as Ultima Ratio
      2. Current Situation: Criminal Law as Enforcement Instrument
      3. Traditional Approach: Rechtsgutstheorie
      4. Criminal Law and Other Regulatory Tools
      5. Conclusion
      ch. 13 Crime and Regulation Compared: The Limits of Criminalisation / Benjamin Vogel
      pt. V ADMINISTRATIVE SANCTIONS
      ch. 14 Role of Administrative Sanctions in Criminal Law: From Minor Offences to Corporate Misconduct / Nikolaos Theodorakis
      1. Introduction
      2. Out-of-Court Disposals
      3. Administrative Sanctions for Financial Misconduct
      4. Interplay of Statistics and Efficiency
      5. Discussion and Concluding Remarks
      ch. 15 Administrative Sanction Law in Germany / Ulrich Sieber
      1. Introduction
      2. Emergence and Range of Administrative Criminal Law
      3. Current Law on Ordnungswidrigkeiten
      4. Nature and Safeguards of Ordnungswidrigkeiten
      5. Conclusion
      ch. 16 Administrative Sanctions Compared: The Limits of Executive Enforcement / Benjamin Vogel
      pt. VI ALTERNATIVE ENFORCEMENT
      ch. 17 State Responses to Criminal Offences in England and Wales and the Problem of Equality / Andrew Ashworth
      1. Overview
      2. Penalty Notices for Disorder and Preventive Orders
      3. Justifying Distinct Means of Enforcement
      4. Equality in Criminal Law
      ch. 18 Alternative Enforcement Mechanisms in Germany / Dominik Brodowski
      1. Introduction
      2. Necessary Condition for Any Enforcement: An Assumed Criminal Offence
      3. Deviations within the Criminal Process
      4. Deviations from the Criminal Process
      5. Conclusion
      ch. 19 Alternative Enforcement Compared: Between Punishment and Prevention / Benjamin Vogel
      pt. VII COUNTER-TERRORISM
      ch. 20 Countering Terrorism at the Limits of Criminal Liability in England and Wales / Lucia Zedner
      1. Introduction
      2. Taxonomy of Terrorism Offences
      3. Police Law
      4. Policing of Terrorism Beyond Criminal Law
      5. Conclusion
      ch. 21 Countering Terrorism at the Limits of Criminal Liability in Germany / Marc Engelhart
      1. Introduction
      2. Taxonomy of Terrorism Offences
      3. Police Law
      4. Intelligence Law
      5. Immigration Law/Administrative Law
      6. Conclusions
      ch. 22 Counter-Terrorism Compared: The Limits of Fair Attribution / Benjamin Vogel
      pt. VIII CRIME AND INTELLIGENCE
      ch. 23 Intelligence and the Criminal Law in England and Wales / Jessie Blackbourn
      1. Intelligence and Criminal Law: A Sign of Paradigmatic Conflict
      2. Terror and the Merging of Intelligence with Criminal Law
      3. Criminalising Intelligence or Securitising Criminal Law?
      4. Conclusion: The Rule of Law as Meta-Guidance or Human Rights as Specific Guidance?
      ch. 24 Intelligence and Crime Control in the Security Law of Germany / Mehmet Arslan
      1. Constitutional Foundations of Intelligence, Preventive Police Law and Criminal Justice
      2. Conventional Understanding of Intelligence, Preventive Police Law and Criminal Justice
      3. Transformations in the Light of Selected Issues
      4. Conclusion
      ch. 25 Crime and Intelligence Compared: Secrecy and the Limits of a Fair Trial / Benjamin Vogel
      pt. IX CONCLUSION
      ch. 26 Reflections on Criminal Law in England and Germany / Benjamin Vogel
      1. Results and Cautionary Tales
      2. Delimiting Criminal Law Enforcement
      3. Higher-Order Features of the Law
      4. Key Characteristics of English and German Criminal Law
      5. Outlook.
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