Law : Criminal Law

This text explores restorative justice and its potential advantages and disadvantages. It clarifies the aims that restorative justice might hope to achieve, the limits that should apply in pursuing these aims and how restorative strategies might comport with, or replace, other penal strategies. more...

Price: $92.00

This set of essays engages with some aspects of Foucault’s notion of governmentality,particularly at the junction where law/regulation meets ‘the social’. ‘The social’, as a special sphere of government, is a special area of concern for those working within broad intellectual spaces of the ‘governmentality approach’. Is it the basis of modern liberal systems of government? Is it dead, or even feeling unwell? Has it spawned hybrid forms of government like neo-liberalism, neo-conservatism, or even neo-socialism?. In making their presence felt in the debates that have flourished around such questions, especially by highlighting the subtleties of the roles played by law and regulation in the governance of the social, the authors of the essays - David Brown; Jo Goodie; Russell Hogg and Kerry Carrington; Jeff Malpas; Pat O'Malley; George Pavlich; Annette Pedersen; Kevin Stenson; William Walters – range widely. There are pieces on liberal government and resistance to it, some on particular targets of this government, like unemployment, crime, ‘law and order’, even Australian geography, environment and cultural products, and some that delve into philosophical/methodological issues. more...

Price: $125.00

A study of crime and law enforcement in the north-eastern counties between the Transportation Act of 1718 and the Bloody Code" of the 1800s - the key period of debate in the history of English crime." more...

Price: $115.00

This book combines a careful philosophical discussion of the rationale justifying self-defence with a detailed discussion of the range of statutory self-defence requirements, as well as discussions of numerous other relevant issues (i.e. putative self-defense, excessive self-defense, earlier guilt and battered women). The book argues that before formulating definitions for each aspect of self-defence (necessity, proportionality, retreat, immediacy, mental element, etc.) it is imperative to determine the proper rationale for self-defence and, only then to derive the appropriate solutions. The first part contains an in-depth discussion of why society allows a justification for acts but does not excuse the actor from criminal liability, and the author critically analyzes current theories (culpability of the aggressor; autonomy of the attacked person; protection of the social-legal order; balancing interests; choice of the lesser evil) and points out the weaknesses of each theory before proposing a new theory to explain the justification of self-defence. The new theory is that for the full justification of self-defence, a balance of interests must be struck between the expected physical injury to the attacked person and the expected physical injury to the aggressor, as well as the relevant abstract factors: the autonomy of the attacked person, the culpability of the aggressor, and the social-legal order. The author demonstrates how ignoring one or more of these factors leads to erroneous results and how the proposed rationale can be applied to develop solutions to the complex questions raised. more...

Price: $110.00

This book is set against the background of the 'justice gap' in sexual assault cases - the dramatic gap between the number of offences recorded by the police and the number of convictions. It seeks to examine the attitudinal problems which bedevil this area of law and possible strategies for addressing them. Written by a professor of law and a professor of psychology, it reviews evidence from socio-legal and social cognition research and presents new data drawn both from interviews with judges and barristers and from studies with prospective lawyers and members of the public. In the final part, it considers different ways in which rape trials could be improved and suggests steps that could be taken to change public attitudes about sexual assault. more...

Price: $67.50