Criminal Law and Morality in the Age of Consent

Criminal Law and Morality in the Age of Consent
Author: Aniceto Masferrer
Publisher: Springer Nature
Total Pages: 361
Release: 2021-02-09
Genre: Law
ISBN: 3030641635

This book discusses the relation between morality and politics, and morality and law, a field that has been studied for more than two thousand years The law is a part of human culture, and this touches upon a dynamic reality that is connected to the relation between nature and freedom, nature and culture. If such relations are not clearly understood, as is the case today, the relation between morality and law cannot be properly comprehended either. The relationship between morality and criminal law must constantly evolve to meet the needs of changing times and circumstances. Social changes and new situations require new answers. And since the relationship involves criminal law, legal philosophy and legal history, interdisciplinary approaches are always needed. Featuring fifteen original contributions by legal scholars from various European and American universities, the book does not pretend to solve the complexity of the relation between morality and criminal law, but instead expresses criticism, offers some proposals and stimulates further thought. The book tackles the topic from an interdisciplinary perspective (criminal law, constitutional law, legal philosophy and legal history, among others). As such, it appeals not only to scholars and students, but also to lawyers, policymakers, historians, theologians, philosophers and general readers who are interested in the legal, social, political and philosophical issues of our time.

Sexual Assault in Canada

Sexual Assault in Canada
Author: Elizabeth A. Sheehy
Publisher: University of Ottawa Press
Total Pages: 833
Release: 2012-09-29
Genre: Law
ISBN: 0776619772

Sexual Assault in Canada is the first English-language book in almost two decades to assess the state of sexual assault law and legal practice in Canada. Gathering together feminist scholars, lawyers, activists and policy-makers, it presents a picture of the difficult issues that Canadian women face when reporting and prosecuting sexual violence. The volume addresses many themes including the systematic undermining of women who have been sexually assaulted, the experiences of marginalized women, and the role of women’s activism. It explores sexual assault in various contexts, including professional sports, the doctor–patient relationship, and residential schools. And it highlights the influence of certain players in the reporting and litigation of sexual violence, including health care providers, social workers, police, lawyers and judges. Sexual Assault in Canada provides both a multi-faceted assessment of the progress of feminist reforms to Canadian sexual assault law and practice, and articulates a myriad of new ideas, proposed changes to law, and inspired activist strategies. This book was created to celebrate the tenth anniversary of Jane Doe’s remarkable legal victory against the Toronto police for sex discrimination in the policing of rape and for negligence in failing to warn her of a serial rapist. The case made legal history and motivated a new generation of feminist activists. This book honours her pioneering work by reflecting on how law, legal practice and activism have evolved over the past decade and where feminist research and reform should lead in the years to come.

Core Concepts in Criminal Law and Criminal Justice

Core Concepts in Criminal Law and Criminal Justice
Author: Kai Ambos
Publisher: Cambridge University Press
Total Pages: 507
Release: 2020-01-16
Genre: Law
ISBN: 1108483399

A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.

Criminal Law in the Age of the Administrative State

Criminal Law in the Age of the Administrative State
Author: Vincent Chiao
Publisher:
Total Pages: 289
Release: 2019
Genre: Law
ISBN: 0190273941

Criminal law as public law 1: context -- Criminal law as public law 2: structure -- Criminal law as public law 3: content -- Mass incarceration and the theory of punishment -- Criminal law in the age of the administrative state -- Formalism and pragmatism in criminal procedure -- Responsibility without resentment

Jailbait

Jailbait
Author: Carolyn Cocca
Publisher: SUNY Press
Total Pages: 244
Release: 2004-04-29
Genre: Political Science
ISBN: 0791459055

Examines the development of statutory rape laws in the United States. The first book-length study of American statutory rape laws, Jailbait investigates the double-edged nature of legislation aimed at both protecting and punishing adolescent sexuality. Carolyn Cocca explores how, throughout the history of the United States, the regulation of sexual behavior was seized upon as a means to alleviate larger problems, be they moral, social, political, or economic. Feminists, religious conservatives, and legislators, each with their own agendas, have at times both conflicted and cooperated over legislation, leading to uneasy compromises that play out in the ways in which the laws are implemented today. Using both detailed case studies and quantitative analysis, Jailbait examines important changes made to statutory rape laws since the 1970s, including prosecutions under the laws. Among the more surprising findings is that changes to statutory rape laws were sometimes made in opposition to prevailing public opinion, contrary to previous studies that have asserted morality policy is especially responsive to public opinion.

The Moral Conflict of Law and Neuroscience

The Moral Conflict of Law and Neuroscience
Author: Peter A. Alces
Publisher: University of Chicago Press
Total Pages: 392
Release: 2018-01-18
Genre: Law
ISBN: 022651353X

"New insights offered by neuroscience have provoked discussions of the nature of human agency and responsibility. Alces draws on neuroscience to explore the internal contradictions of legal doctrines, and consider what would be involved in constructing novel legal regimes based on emerging understandings of human capacities and characteristics not only in criminal law but in contract and tort law."--Provided by publisher.

Law: A Very Short Introduction

Law: A Very Short Introduction
Author: Raymond Wacks
Publisher: OUP Oxford
Total Pages: 192
Release: 2008-03-27
Genre: Law
ISBN: 9780199214969

Law touches every aspect of our daily lives, and yet the main concepts, terms, and processes of the legal system remain obscure to many. This Very Short Introduction provides a clear, jargon-free account of modern legal systems, explaining how the law works both in the Western tradition and around the world.

The Age of Consent

The Age of Consent
Author: M. Waites
Publisher: Springer
Total Pages: 294
Release: 2005-08-10
Genre: Political Science
ISBN: 0230505937

The Age of Consent; Young People, Sexuality and Citizenship addresses the contentious issue of how children's sexual behaviour should be regulated. The text includes: ·A unique history of age of consent laws in the UK, analysed via contemporary social theory ·A global comparative survey of age of consent laws and relevant international human rights law ·A critical analysis of how protectionist agendas shaped new age of consent laws in England and Wales in the Sexual Offences Act 2003 ·In-depth theoretical discussion of the rationale for age of consent laws ·An original proposal to reduce the age of consent to 14 for young people who are less than two years apart in age Responding to contemporary concerns about young people's sexual behaviour, sexual abuse and paedophilia, this book will engage readers in law and socio-legal studies, sociology, history, politics, social policy, youth and childhood studies, and gender and sexuality studies; and professionals and practitioners working with young people.

The Western Codification of Criminal Law

The Western Codification of Criminal Law
Author: Aniceto Masferrer
Publisher: Springer
Total Pages: 427
Release: 2018-03-09
Genre: Law
ISBN: 3319719122

This volume addresses an important historiographical gap by assessing the respective contributions of tradition and foreign influences to the 19th century codification of criminal law. More specifically, it focuses on the extent of French influence – among others – in European and American civil law jurisdictions. In this regard, the book seeks to dispel a number of myths concerning the French model’s actual influence on European and Latin American criminal codes. The impact of the Napoleonic criminal code on other jurisdictions was real, but the scope and extent of its influence were significantly less than has sometimes been claimed. The overemphasis on French influence on other civil law jurisdictions is partly due to a fundamental assumption that modern criminal codes constituted a break with the past. The question as to whether they truly broke with the past or were merely a degree of reform touches on a difficult issue, namely, the dichotomy between tradition and foreign influences in the codification of criminal law. Scholarship has unfairly ignored this important subject, an oversight that this book remedies.