Hart Publishing Ltd

"INTERNET LAW BOOK REVIEWS" PROVIDED BY - Rob Jerrard LLB LLM (London)

Books by Hart Publishing Ltd

Hart Publishing Ltd Books Reviewed in 2008


Women, Crime and Social Harm
Oñati International Series In Law And Society
Edition: 1st
Format: Paperback
Author: Edited by Maureen Cain & Adrian Howe
ISBN: 978184113841
Publishers: Hart Publishing
Price: £22
Publication Date: November 2008
 
Publisher's Title Information

This book of eleven chapters and an Introduction is by and about women, the harms and crimes to which they are subjected as a result of global social processes and their efforts to take control of their own futures. The chapters explore the criminogenic and damaging consequences of the policies of the global financial institutions as well as the effects of growing economic polarisation both in pockets of the developed world and most markedly in the global south. Reflecting on this evidence, in the Introduction the editors necessarily challenge existing criminological theory by expanding and elaborating a conception of social harm that encompasses this range of problems, and exposes where new solutions derived from criminological theory are necessary. A second theme addresses human rights from the standpoint of indigenous women, minority women and those seeking refuge. Inadequate and individualised as the human rights instruments presently are, for most of these women a politics of human rights emerges as central to the achieving of legal and political equality and protection from individual violence. Women in the poorest countries, however, are sceptical as to the efficacy of rights claims in the face of the depredations of international and global capital, and the social dislocation produced thereby. Nonetheless this is a hopeful book, emphasising the contribution which academic work can make, provided the methodology is appropriately gendered and sufficiently sensitive in its guiding ideology and techniques to hear and learn from the all too often 'glocalised' other. But in the end there is no solution without politics, and in both the opening and the closing sections of this book there are chapters which address this. What continues to be special about women's political practice is the connection between the groundedness of small groups and the fluidity and flexibility of regional and international networks: the effective politics of the global age. This book, then, is a new criminology for and by women, a book which opens up a new criminological terrain for both women and men - and a book which cannot easily be read without an emotional response.
Contents

Acknowledgements ................................................................................. vii
List of Contributors ................................................................................. xi
Introduction: Women, Crime and Social Harm: Towards a
Criminology for the Global Age ................................................................ 1
Maureen Cain and Adrian Howe
Part I Position Papers
1. Criminogenesis and the War Against Drugs: (Another) Story
of Absented Women ........................................................................... 21
Maureen Cain
2. Violence Against Women: Rethinking the Local-Global Nexus
in Feminist Strategy ............................................................................37
Adrian Howe
3. Globalisation, Human Security, Fundamentalism and Women's
Rights: Emergent Contradictions ........................................................ 57
Peggy Antrobus
Part II Women on the Move
4. The Gender of Borderpanic: Women in Circuits of Security,
State, Globalisation and New (and Old) Empire ................................ 69
Suvendrini Perera
5. Xeno-racism and the Demonisation of Refugees: A
Gendered Perspective ......................................................................... 95
Liz Fekete
6. Dangerous Liaisons: Sex Work, Globalisation, Morality
and the State in Contemporary India ............................................... 107
Brinda Bose
Part III Human Rights −'2d Limits and Possibilities
7. Global Rights, Local Harms: The Case of the Human Rights
of Women in Sub-Saharan Africa .....................................................123
Esther Kisaakye
8. The Globalisation of International Human Rights Law, Aboriginal
Women and the Practice of Aboriginal Customary Law ..................137
Megan Davis
Part IV Rethinking Social Harm in a Global Context
9. Women and Natural Disasters: State Crime and Discourses
in Vulnerability ..............................................................................161
Penny Green
10. Global Feminist Networks on Domestic Violence ..........................179
Rhoda Reddock
11. Local Contexts and Globalised Knowledge: What can
International Criminal Victimisation Surveys Tell Us About
Women's Diverse Lives? .................................................................201
Sandra Walklate
Index .....................................................................................................215
 

The Author
 
Maureen Cain is a sociologist. She has worked at Brunel University, the University of the West Indies, St Augustine, and the University of Birmingham. Adrian Howe is an Associate Professor in Social Science at RMIT University.


Legal Responses to HIV and AIDS
Edition: 1st
Format: Paperback
Author: James Chalmers
ISBN: 9781841137261
Publishers: Hart Publishing
Price: £30
Publication Date: October 2008
 
Publisher's Title Information

Since the 1980s legislators and courts have responded in a variety of ways to the onset of the AIDS pandemic. Some responses have been sensitive to the needs of those with HIV, seeking to guarantee heightened levels of confidentiality or freedom from discrimination. Others have sought to use the law as a tool to limit the spread of HIV, for example by imposing liability for its transmission or restricting the freedoms of those who are HIV-positive. Elsewhere, doctors and researchers have grappled with the legal and ethical problems surrounding testing for a condition which many people may not want to be aware of, and with the conflicts which can arise between respect for individual autonomy and the promotion of public health. More recently, treatments for HIV have developed to the extent that for many HIV is a chronic disease rather than an inevitably fatal condition. Such treatments, however, pose new challenges: they are expensive and as such are not widely available in those parts of the globe where HIV infection is most widespread. This has caused tensions over issues such as asylum, immigration and deportation, and the protection of intellectual property rights which may bar such treatments from being available where the need is most acute. This book examines and evaluate these issues in comparative perspective. It draws on legal responses to other sexually transmitted infections (and contagious diseases) but concentrates on HIV and AIDS.


The Author

James Chalmers is a senior lecturer in law at the University of Edinburgh. He is a graduate of the University of Aberdeen and Tulane University, in New Orleans.


Religious Freedom,Religious Discrimination and the Workplace
Edition: 1st
Format: Paperback
Author: Lucy Vickers
ISBN: 9781841136875
Publishers: Hart Publishing
Price: £35
Publication Date: April 2008
Publisher's Title Information

The book considers the extent to which religious interests are protected in the workplace, with particular reference to the protection against religious discrimination provided by the Employment Equality (Religion and Belief) Regulations 2003. It establishes a principled basis for determining the proper scope of religious freedom at work, and considers the interaction of freedom of religion with the right not to be discriminated against on grounds of religion.
 
Discrimination on grounds of religion and belief within the workplace raises many complex and contested issues, not least because of the multi-faceted nature of religious discrimination. Discrimination can occur where secular employers refuse to employ or accommodate religious employees, as well as where religious groups refuse to employ those of a different religion, or those of the same religion whose interpretation or practice of the faith differs. Adding to the complexity is the fact that freedom of religion is protected as a fundamental human right which may be enjoyed by both religious individuals and religious groups. Although it is not an absolute right, its importance to individuals means that religious freedom may warrant a degree of protection in the work context.
 
The book begins with a study of the basis for protecting religious freedom and considers the extent to which that right should be exercised in specialised context of the workplace. It takes a comparative approach, considering the position in other common law jurisdictions, and within the European Union. It locates the debate surrounding these issues within a philosophical and theoretical framework in which the importance of freedom of religion, and its role within the workplace is fully debated.

Contents
 
Acknowledgements vii
Table of Cases xi
Table of Legislation xix
Chapter 1: Religious Discrimination and Religious Freedom at Work 1
I Introduction 1
II Religion in the UK 3
III Experience of Discrimination 5
IV Tackling Religious Discrimination 8
Chapter 2: Seeking a Definition of Religion and Belief 13
I What is 'Religion'? 13
II Defining Belief 22
III Towards a Definition of Religion and Belief 24
Chapter 3: Protecting Religion at Work 25
I Introduction 25
II Why Protect Religious Interests? 29
III Protecting Religious Interests in the Work Context 44
IV The Proportionality Equation: Religion and the Workplace 54
V Conclusion 78
Chapter 4: Freedom of Religion at Work and the European Convention on
Human Rights 83
I Freedom of Religion and the Human Rights Act 1998 83
II Protection of Freedom of Religion Under the ECHR 86
III Freedom of Religion Under Article 9 94
IV Protection Against Religious Discrimination Under Article 14 113
V Conclusion 116
Chapter 5: Protection Against Religious Discrimination in the UK 121
I Protection Under the Employment Equality (Religion and Belief)
Regulations 2003 122
II Religious Schools 168
(A) Vickers Prelims 19/3/08 15:04 Page ix
III Protection of Religious Interests Which are Not Protected by the
Regulations 173
IV Conclusion 176
Chapter 6: Religious Interests in the Workplace: Comparative Perspectives 179
I United States of America 180
II Canada 195
III Europe 206
IV Conclusion 217
Chapter 7: Religious Freedom at Work 219
I A Duty of Reasonable Accommodation? 220
II Protecting Religious Work 225
III Remaining Difficulties 226
IV Conclusion 233
Index
 

Reviews to date
 
The book looks at such issues as the nature of religious freedom, discrimination based on religious interests, the extent to which such interests deserve protection at the workplace, and the guidance offered by international instruments such as the European Convention on Human Rights. Although the work is UK-centred, there are some comparative perspectives included, notably from the United States, Canada and the rest of Europe.
 
The Commonwealth Lawyer, Vol 17, No 2


Crime, Procedure and Evidence in a Comparative and International Context
Studies In International And Comparative Criminal Law - No. 3
Essays in Honour of Professor Mirjan Damaska
Edition: 1st
Format: Hardback Authors:
Edited By John Jackson, Maximo Langer and Peter Tillers
ISBN: 9781841136820
Publishers: Hart Publishing
Price: £55
Publication Date: September 2008
Publisher's Title Information

This book aims to honour the work of Professor Mirjan Damaška, Sterling Professor of Law at Yale Law School and a prominent authority for many years in the fields of comparative law, procedural law, evidence, international criminal law and Continental legal history. Professor Damaška's work is renowned for providing new frameworks for understanding different legal traditions. To celebrate the depth and richness of his work and discuss its implications for the future, the editors have brought together an impressive range of leading scholars from different jurisdictions in the fields of comparative and international law, evidence and criminal law and procedure. Using Professor Damaška's work as a backdrop, the essays make a substantial contribution to the development of comparative law, procedure and evidence. After an introduction by the editors and a tribute by Harold Koh, Dean of Yale Law School, the book is divided into four parts. The first part considers contemporary trends in national criminal procedure, examining cross-fertilisation and the extent to which these trends are resulting in converging practices across national jurisdictions. The second part explores the epistemological environment of rules of evidence and procedure. The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law. The final part of the book assesses Professor Damaška's contribution to comparative law and the challenges faced by comparative law in the twenty first century.

Contents
Acknowledgements vii
List of Contributors xi
1 Introduction: Damaška and Comparative Law 1
John Jackson and Máximo Langer
2 Mirjan Damaška: A Bridge Between Legal Cultures 29
Harold Hongju Koh
I Diverging and Converging Procedural Landscapes, Changes in
the Institutional and Political Environment and Legal Transplants 37
3 The Decay of the Inquisitorial Ideal: Plea Bargaining Invades
German Criminal Procedure 39
Thomas Weigend
4 Sentencing in the US: An Inquisitorial Soul in an Adversarial
Body? 65
William T Pizzi
5 Italian Criminal Procedure: A System Caught
Between Two Traditions 81
Luca Marafioti
6 The Two Faces of Justice in the Post-Soviet Legal Sphere:
Adversarial Procedure, Jury Trial, Plea-Bargaining and the
Inquisitorial Legacy 99
Stephen C Thaman
7 Some Trends in Continental Criminal Procedure in
Transition Countries of South-Eastern Europe 119
Davor Krapac
II Re-Exploring the Epistemological Environment 143
8 Dances of Criminal Justice: Thoughts on Systemic Differences
and the Search for the Truth 145
Elisabetta Grande
9 Cognitive Strategies and Models of Fact-Finding 165
Craig R Callen
10 Are There Universal Principles or Forms of Evidential
Inference? Of Inference Networks and Onto-Epistemology 179
Peter Tillers
III Human Rights Standards and Hybridisation in the Transnational
and International Prosecution of Crime 199
11 Extraterritorial Jurisdiction: Applications to 'Terrorism' 201
M Cherif Bassiouni
12 Faces of Transnational Justice: Two Attempts to Build
Common Standards Beyond National Boundaries 221
John Jackson
13 Reflections on the 'Hybridisation' of Criminal Procedure 251
Mireille Delmas-Marty
14 The Confrontation Right Across the Systemic Divide 261
Richard D Friedman
IV The Challenge for Comparative Scholarship 273
15 The Good Faith Acquisition of Stolen Art 275
John Henry Merryman
16 Faces of Justice Adrift? Damaška's Comparative Method and the
Future of Common Law Evidence 295
Paul Roberts
17 Utility and Truth in the Scholarship of Mirjan Damaška 329
Ronald J Allen and Georgia N Alexakis
18 Sentencing and Comparative Law Theory 351
Richard S Frase
19 No Right Answer? 371
James Q Whitman
Postscript 393
20 Anglo-American and Continental Systems: Marsupials and
Mammals of the Law 395
Richard O Lempert
Appendix
Interview with Mirjan Damaška 415
Máximo Langer
John Jackson is Professor of Law and Dean of University College Dublin, School of Law.
Maximo Langer is Acting Professor of Law at the University of California, Los Angeles.
Peter Tillers is Professor of Law, Benjamin N. Cardozo School of Law, Yeshiva University.

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Fair Trials, The European Criminal Procedural Tradition and the European Court of Human Rights
Criminal Law Library
Edition: 1st
Format: Hardback
Author: Sarah Summers
ISBN: 9781841137308
Publishers: Hart Publishing
Price: £40
Publication Date: August 2007
 
Publisher's Title Information

 
The right to a fair trial has become an issue of increasing public concern, following a series of high profile cases such as the Bulger case, Khan (Sultan) and R v DPP ex p Kebilene. In determining the scope of the right, we now increasingly look to the ECHR, but the court has given little guidance, focusing on reconciling procedural rules rather than addressing the broader issues. This book addresses the issue of the meaning of the right by examining the contemporary jurisprudence in the light of a body of historical literature which discusses criminal procedure in a European context. It argues that there is in fact a European criminal procedural tradition which has been neglected in contemporary discussions, and that an understanding of this tradition might illuminate the discussion of fair trial in the contemporary jurisprudence.
This challenging new work elucidates the meaning of the fair trial and in doing so challenges the conventional approach to the analysis of criminal procedure as based on the distinction between adversarial and inquisitorial procedural systems. The book is divided into two parts. The first part is dominated by an examination of the fair trial principles in the works of several notable European jurists of the nineteenth century, arguing that their writings were instrumental in the development of the principles underlying the modern conception of criminal proceedings. The second part looks at the fair trials jurisprudence of the ECHR and it is suggested that although the Court has neglected the European tradition, the jurisprudence has nevertheless been influenced, albeit unconsciously, by the institutional principles developed in the nineteenth century.


Sarah J Summers is Oberassistentin in criminal law and procedure,at the University of Zurich, Switzerland and a researcher at the Max Planck Institute for Foreign and International Criminal Law in Freiburg i Br, Germany.

Table of Cases
Introduction
Part One
1 The Enduring Legacy of 'Inquisitorial' and 'Accusatorial'
Procedural Forms in the Debate on Comparative Criminal
Procedure
A The Enduring Legacy of the Inquisitorial/Accusatorial Divide
B The Connection to Legal Nationalism
C Developing a New Approach for Analysing European
Criminal Procedure Law
2 The Origins of the European Criminal Procedural Tradition
A The Importance of the Developments of the Nineteenth
Century
B The Development of the 'Accusatorial Trinity'
C Judicial Impartiality
(i) The Separation of the Functions of 'Judging' and
'Prosecuting' in France and Germany
(ii) Impassivity or Activity: The Role of the English Judge in
the Examination of the Evidence
(iii) Institutional Impartiality
D The Public Hearing Requirement
E Immediate and Oral Proceedings
(i) Immediate and Oral Examination of the Evidence at
Trial
(ii) Consideration at Trial of Evidence Collected Before the
Trial and Submitted in Writing
(iii) Immediate and Oral Proceedings as Fundamental to the
Accusatorial System
F Conclusions
3 The Rights of the Defence: Lessons from the Nineteenth Century 61
A The Institutional Nature of the 'Rights of the Accused'
B The Rights of the Defence at Trial
(i) The Presence of the Accused
(ii) Participatory Rights of the Accused
(iii) The Assistance of Counsel
C The Role of the Defence in the Pre-trial Phase
(i) The Pre-trial Phase as 'Investigative'
(ii) The 'Determinative' Reality of the Investigation
D Conclusions
Part Two
4 Defining Fairness in Article 6(1) ECHR
A Introduction
B Identifying Vargha's 'Accusatorial Trinity'
C The Role of the 'Equality of Arms' Doctrine
D The Relationship Between the Adversarial Procedure
Requirement and the Equality of Arms
E The Court's Interpretation of the Adversarial Procedure
Requirement in Criminal Proceedings
(i) The Right to be Present at Trial
(ii) Knowledge of the Other Side's Submissions
(iii) Opportunity to Comment on the Other Side's
Submissions 1
F The Relationship Between the Defence and the Prosecution
G Fairness and Implied Procedural Forms
5 The Structure of the 'Trial' in Article 6 ECHR
A Introduction
B The Defence's Right to Challenge Witness Evidence
C Witness Evidence in Europe: An Overview
D Regulating Witness Evidence: Article 6(3)(d)
(i) What is an Adequate and Proper Opportunity to
Challenge Witnesses?
(ii) When Should Witnesses be Examined?
E The Importance of the Trial as a Forum for Confronting
Witness Evidence
F Reconciling Examination of Witnesses in the Investigation
Phase with the 'Accusatorial Trinity'
(i) The Presence of Counsel During Pre-trial Examination
of Witnesses
(ii) The Presence of an Impartial Supervisory Authority
During the Examination of Witnesses
(iii) Immediacy
G The Privilege Against Self-incrimination
(i) Improper Compulsion
(ii) Indirect 'Acceptable' Compulsion
(iii) The Relationship Between 'Compulsion' and the
Assistance of Counsel
(iv) The Privilege Against Self-incrimination as a Substitute
for the Refusal to Insist on Adversarial Principles in the
Investigation Phase
H The Root of the Problem: Defining the 'Trial'
(i) The Investigation Phase Lacuna
(ii) Explaining the Investigation Phase Lacuna: Les Travaux
Préparatoires?
x Contents
(iii) Resolving the Fairness Deficit: Acknowledging the
European Procedural Tradition
6 Reassessing Fairness in European Criminal Law: Procedural
Fairness, Individual Rights and Institutional Forms
A Procedural Fairness as Individual Rights
B Procedural Rights and Institutional Forms
C Article 6 ECHR and the European Criminal Procedural
Tradition
D Towards an Institutional Understanding of Fairness in
Criminal Proceedings
Index
Contents xi


Regulating Policing
The Police and Criminal Evidence Act 1984 Past, Present and Future
Edition: 1st
Format: Paperback
Author: Edited by Ed Cape and Richard Young
ISBN: 9781841138619
Publishers: Hart Publishing
Price: £30
Publication Date: Sept 2008
 
Publisher's Title Information

 
The Police and Criminal Evidence Act 1984 (PACE) was an innovative and controversial attempt to regulate the investigation of crime. Two decades on, it now operates in a very different context than in the mid-1980s. Whilst legal advice has become established as a basic right of those arrested and detained by the police, the police service has become increasingly professionalised but also increasingly driven by government objectives and targets. The Crown Prosecution Service, originally established to separate prosecution from investigation,is now becoming involved in the investigative process with the power to make charge decisions.
Although the basic structure of PACE has survived, almost continual revision and amendment has resulted in a markedly different creature than that which was originally enacted. In 2007 the government embarked on a further review of PACE, promising to 're-focus the investigation and evidence gathering processes [to deliver] 21st century policing powers to meet the demands of 21st century crime'.
 
This collection brings together some of the leading academic experts, police officers and defence lawyers who have a wealth of experience of researching and working with the PACE provisions. They examine the critical questions and issues surrounding PACE, providing unique and exciting insights into the demands and challenges of the regulation of policing.
 

Contributors
 
David Dixon, Professor of Law, University of New South Wales - 'Authorise and Regulate: A Comparative Perspective on the Rise and Fall of a Regulatory Strategy'.
Andrew Sanders, Professor of Criminal Law and Criminology, University of Manchester. 'Can Coercive Powers be Effectively Controlled or Regulated?'.
John Coppen, Police Federation spokesperson on police custody issues. 'PACE: A View From the Custody Suite'.
John Long, Assistant Chief Constable, Avon and Somerset Constabulary 'Keeping PACE? Some Front Line Policing Perspectives'.
Barbara Wilding, Chief Constable, South Wales Police.
'Tipping the Scales of Justice? A Review of the Impact of PACE on the Police, Due Process and the Search for the Truth 1984-2006'.
Richard Young, Professor of Law and Policy Research, University of Bristol. 'Street Policing After PACE: The Drift to Summary Justice'.
Ed Cape, Professor of Criminal Law and Practice, University of the West of England. 'PACE Then and Now: 21 Years of "Re-balancing"'.
Anthony Edwards, Leading criminal defence solicitor. 'The Role of Defence Lawyers in a "Re-balanced" System'.
John Jackson, Professor of Public Law, Queen's University, Belfast. 'Police and Prosecutors after PACE: The Road from Case Construction to Case Disposal'.
 

The Editors
 
Richard Young is co-author of Criminal Justice (3rd edn, OUP, 2007), and has conducted research into various aspects of the criminal process, including legal aid decision-making, restorative justice and police complaints.
 
Ed Cape is author of Defending Suspects at Police Stations (5th edn, LAG, 2006), and recent research includes an evaluation of the Public Defender Service in England and Wales, and effective criminal defence in Europe.
 

Contents
 
1. Introduction 1
Ed Cape and Richard Young
2. Authorise and Regulate: A Comparative Perspective
on the Rise and Fall of a Regulatory Strategy
David Dixon
3. Can Coercive Powers be Effectively Controlled or
Regulated?: The Case for Anchored Pluralism Andrew Sanders
4. PACE: A View from the Custody Suite John Coppen
5. Keeping PACE? Some Front Line Policing Perspectives John Long
6. Tipping the Scales of Justice?: A Review of the Impact of PACE on the Police, Due Process and the Search forTruth 1984-2006 Barbara Wilding
7. Street Policing after PACE: The Drift to Summary Justice Richard Young
8. PACE Then and Now: Twenty-one Years of 'Re-balancing'Ed Cape
9. The Role of Defence Lawyers in a 'Re-balanced' System
10. Police and Prosecutors after PACE: The Road from Case Construction to Case Disposal John Jackson
Index


Case Management in the Crown Court
Edition: Criminal Law Library
Format: Paperback
Author: HH Judge Roderick Denyer QC
ISBN: 9781841137858
Publishers: Hart Publishing
Price: £30
Publication Date: August 2008
 
Publisher's Title Information

This book is not intended as an academic treatise on criminal law nor the law of evidence. It is designed instead to assist all those who work in the Crown Court in dealing with the day-to-day practical problems that arise both before and during trial. In particular it is deals with all the problems that pre-trial case management can pose as well as those management type problems that can arise during the course of a trial such as problems with jurors, witnesses and absent defendants. It deals with all the main applications such as bad character disclosure and abuse of process. As such it will be an invaluable ready reference small enough to carry about for barristers and solicitors appearing in the Crown Court, officers of the Court, Circuit judges, members of the CPS whose work brings them into daily contact with the Court and students on the BVC.
 

Contents
 
Table of Cases
Table of Legal Instruments
1. Case Management and the Criminal Procedure Rules
2. Non-Compliance with Procedural Orders and the Sanctions Available to the Court
3. The Plea and Case Management Hearing (PCMH)
4. Bad Character and Proof of Previous Convictions
5. Hearsay
6. Applications in Respect of the Previous Sexual History of a Complainant
7. Vulnerable WitnessesCompetence and Special Measures
8. Expert Evidence
9. Disclosure
10. Abuse of Process Applications
11. Changing a Plea of Guilty
12. Indications of SentenceGoodyear
13. Adjournment
14. Trial in the Absence of the Defendant
15. The Reluctant Witness
16. Contempt
17. The Jury
18. Submission of No Case to Answer
Index
 
The Author

Roderick Denyer started life as an academic and then practised at the common law bar for many years, taking silk in 1990. Since 2002 he has been a circuit judge based at Cardiff Crown Court. He has been a member of The Criminal Procedure Rules Committee since its inception.

Reviewer Wanted

Would you be interested in reviewing this book? (The Book Above) If you are interested in providing a review in about 500/800 words within 3 months or sooner then please contact us by e-mail at robjerrard@aol.com providing a small CV and your interest/or expertise in this particular book/subject. We do ask reviewers to agree to review within approx 3 months and to assist with costs, pay the postage, books not reviewed should be returned. We are looking for a positive commitment.

"Internet Law Book Reviews" aims to provide reviews of a high standard. For an indication of what is required please see this website. "Internet Law book Reviews" which currently attracts up to 1,200 visitors per day. We welcome all categories of reviewers. We reserve the right to edit reviews. Reviews submitted are for publication on this website.


Hearsay Evidence in Criminal Proceedings
Criminal Law Library
Edition: 1st
Format: Paperback
Author: JR Spencer
ISBN: 9781841138121
Publishers: Hart Publishing
Price: £30
Publication Date: May 2008
Publisher's Title Information


 
The Criminal Justice Act 2003 re-wrote the hearsay evidence rule for the purpose of criminal proceedings, enacting the recommendations of the Law Commission together with some proposals from the Auld Review. Since the new provisions came into force a body of case-law has interpreted them and, in particular, given guidance as to how the new "inclusionary discretion" should be exercised. Following the style of his earlier book about the new law on bad character evidence, the central part of Professor Spencer's book on hearsay evidence consists of section-by-section commentary on the relevant provisions of the Act. The commentary is preceded by chapters on the history of the hearsay rule, and the requirements of Article 6(3)(d) of the European Convention on Human Rights. It is followed by an appendix containing the text of the statutory provisions and a selection of the leading cases.
 

The Author
 
JR Spencer QC is Professor of Law in the University of Cambridge and a Fellow of Selwyn College. He is also the author of Evidence of Bad Character (Hart Publishing, 2006).


The Author's Preface

In 1994, the Law Commission were kind enough to engage me as a consultant on their project on the hearsay rule in criminal proceedings, and a year later I saw my input reflected in the sections of the resulting Consultation Paper where the rule was examined, the justifications for it were analysed together with the problems that it causes, the Strasbourg case law was analysed, and where readers were shown how the underlying issues are handled by the courts in France and Germany. We did not see eye to eye about the way in which the law ought to be reformed, however, and at that point we parted company. For the rest of the project, which culminated in the publication of a Report in 1997, the role of academic consultant was taken by my friend and respected colleague Professor Di Birch, of the Law Faculty at Nottingham.
 
The government announced that it accepted the recommendations contained in the Law Commission's hearsay Report, but then failed to implement them. In 2000, I was invited by Lord Justice Auld to be one of his consultants on the project which led to his Review of the Criminal Courts the following year. In this capacity I helped him to formulate a number of his proposals, including those for reforming the hearsay rule. On this his ideas were much more radical than those of the Law Commission four years before, favouring the abolition of the existing hearsay rule and its system of exceptions in favour of a broader 'best evidence' approach.
 
In his Review Auld LJ argued for a revision of the hearsay rule in the context of long-term overhaul of the whole law of criminal evidence. The Government, however, opted instead for an instant revision of parts of it: namely evidence of bad character, and the hearsay rule, major changes to both of which were made by Part 11 of the Criminal Justice Act 2003. The reforms to the hearsay rule were, in essence, the proposals of the Law Commission, but with some adaptations to incorporate some, but not all, of the proposals formulated by Auld LJ: a solution Professor Birch, in her commentary in the Criminal Law Review, described as `dishing up the Law Commission's very traditional repast with a dollop of Auld's best evidence on top'.
To cope with this new Act, the Judicial Studies Board organised a period of intense training for the judges, which took place during the first three months of 2005. Together with a number of academic colleagues, I was recruited to help with this. My part was to prepare a commentary on the new rules relating to evidence of bad character. For the reforms of hearsay evidence, this task was undertaken by two academic colleagues, Professor Di Birch and Professor David Ormerod.
 
It was on the crest of a wave of enthusiasm generated by this training programme that I wrote a commentary on the new law on bad character evidence, which Hart Publishing produced in the spring of 2006. SEE http://www.rjerrard.co.uk/law/hart/hart.htm#bad It was generally well received, and that encouraged me to write this companion volume on the new law on hearsay as well. As with the earlier book, much is owed to a group of friends and colleagues with whom I have discussed this area of the law, and from whose thoughts I have greatly profited. A particular word of thanks is owed to HH Judge David Radford and his brethren at Snaresbrook Crown Court, who invited me there to talk with them, and to HH Judge John Phillips, who was kind enough to read the last chapter in draft and offer many helpful comments.
 
The book on bad character evidence ended with an Appendix in which the leading cases interpreting the new law were reproduced. Though castigated by one academic reviewer as a waste of paper, reviewers who were practitioners said this feature made the book more useful, and so in this new book I have therefore done the same. As readers will see, the collection begins with the decision in Sellick. This was decided under the earlier law, but the statements of principle that it contains are highly relevant to the new law too, and for this reason (as well as the quality of the reasoning) I believe it deserves to stand at the head of the collection.
 
On the face of it, the new law on hearsay that results from Part 11 of the Criminal Justice Act 2003 is very conservative. Eight years earlier, the Civil Evidence Act 1995 completely abolished the hearsay rule for the purpose of civil proceedings. But the Criminal Justice Act 2003, by contrast, retains the rule excluding hearsay, together with its half-brother, the 'rule against narrative', and to each a list of detailed exceptions is prescribed. The Law Commission's reason for adopting this conservative approach rather than the sort of simple and radical reform later proposed by Auld LJ was, in part, 'the change of attitude that this option would require on the part of practitioners and judges'. However, the new scheme includes a general inclusionary discretion', which a court can invoke to admit any piece of hearsay evidence which falls outside the list of prescribed exceptions, if it is satisfied that the interests of justice so require. This discretionary power was envisaged by the Law Commission for use as a last resort: a 'safety-valve', as they described it. However, the emerging case law suggests that the courts are only too glad to use it; and in consequence the new law on hearsay is much more radical in practice than the narrow drafting of the main provisions might suggest. Paradoxically, it looks as if the main effect of the reform has been to produce the change of attitude which, 10 years ago, the Law Commission believed to be impossible.
 
JR Spencer Cambridge, November 2007


Victims' Rights, Human Rights and Criminal Justice
Reconceiving the Role of Third Parties
Edition: 1st
Format: Paperback
Author: Jonathan Doak
ISBN:1841136035
Publishers: Hart
Price: £30
Publication Date: April 2008
Publisher's Title Information

In recent times, the idea of 'victims' rights' has come to feature prominently in political, criminological and legal discourse, as well as being subject to regular media comment. The concept nevertheless remains inherently elusive, and there is still considerable ambiguity as to the origin and substance of such rights. This monograph deconstructs the nature and scope of the rights of victims of crime against the backdrop of an emerging international consensus on how victims ought to be treated and the role they ought to play. The essence of such rights is ascertained not only by surveying the plethora of international standards which deal specifically with crime victims, but also by considering the potential cross-applicability of standards relating to victims of abuse of power, with whom they have much in common. In this book Jonathan Doak considers the parameters of a number of key rights which international standards suggest victims ought to be entitled to. He then proceeds to ask whether victims are able to rely upon such rights within a domestic criminal justice system characterised by structures, processes and values which are inherently exclusionary, adversarial and punitive in nature.


Sexual Assault and the Justice Gap
A Question of Attitude
Edition: 1st
Format: Paperback
Authors: Jennifer Temkin and Barbara Krahé
ISBN: 9781841136707
Publishers: Hart Publishing
Price: £30
Publication Date: 2008
Publisher's Title Information
 
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 possible steps which could be taken to improve rape trials and change public attitudes towards sexual assault.
 
These include:
Improving the enforcement of laws that provide legal protection for the complainant;
Changing the law to permit evidence of the good character of the complainant;
Screening jurors with a view to deciding whether those who are likely to be implacably biased against the complainant or the defendant should serve;
Introducing expert evidence in the courtroom to educate jurors and the public about rape;
Improving the training of judges and barristers;
Education of the public to dispel misconceptions about rape.
 

The Authors
 
Jennifer Temkin is a Professor of Law at the University of Sussex. Called to the Bar in 1971, she lectured at the London School of Economics before joining the University of Sussex. Professor Temkin was a member of the External Reference Group, Home Office Sex Offences Review, 1999-2000.
Barbara Krahé is a Professor of Social Psychology at the University of Potsdam in Germany. She has been researching sexual violence over the past 25 years. Professor Krahé also has a long connection with the Department of Psychology at Sussex.
 

Contents
Part I The Background
1 The Justice Gap In Sexual Assault Cases
1.1 The Problem Of Attrition
1.2 The Legal Background
1.3 Summary And Conclusions
2 Stereotypes, Myths And Heuristics In The Perception Of Sexual Assault
2.1 The 'Real Rape' Stereotype
2.2 Rape Myths And Negative Attitudes About Rape Victims
2.3 Rape Stereotypes And Police Responses To Rape Complaints
2.4 The Attribution Of Blame To Victims Of Rape
2.5 Heuristics In The Process Of Decision-Making About Sexual Assault
2.6 Summary And Conclusions
3 The Problem Of The Jury In Sexual Assault Trials
3.1 The Methodology Of Jury Studies
3.2 Dealing With The Evidence
3.3 The Role Of Expert Testimony
3.4 The Judge's Summing-Up And Non-Verbal Cues
3.5 Reaching A Verdict
3.6 Summary And Conclusions
 
Part II New Evidence
4 A Question Of Attitude: Prospective Lawyers
4.1 Study 1: Undergraduate Law Students And The Real Rape Stereotype
4.2 Study 2: Schematic Processing By Vocational Law Students
5 A Question Of Attitude: The General Public
5.1 Study 3: Exploring Schematic Processing By Members Of The Public
5.2 Study 3: Evaluating A Rape-Awareness Poster Campaign
5.3 General Discussion And Conclusions From The Three Studies
6 Rape, Rape Trials And The Justice Gap: Some Views From The Bench And Bar
6.1 Methodology Of The Interview Study
6.2 The Perceived Problems
6.3 Attitudes Towards Rape And The Justice Gap
6.4 Summary And Conclusions
7 Judges, Barristers And The Evidential Law In Action In Rape Cases
7.1 Corroboration
7.2 Sexual History
7.3 Third Party Disclosure
7.4 Summary And Conclusions
Part III Some Possible Solutions
8 Law Reform
8.1 Evidential Issues
8.2 Consent And Intoxication
8.3 Summary And Conclusions
9 Improving Rape Trials
9.1 Abolishing The Jury In Sexual Assault Cases
9.2 Screening And Selecting Jurors
9.3 Assisting The Jury
9.4 Making The Jury Accountable
9.5 Educating Legal Professionals
9.6 Appointment Of More Female Judges?
9.7 Summary And Conclusions
10 Changing Public Attitudes
10.1 Rape Prevention Programmes For College Students
10.2 School-Based Interventions
10.3 Educating The General Public About Rape: Using The Media
10.4 Changing Norms About Sexual Aggression
10.5 Summary And Conclusions
11 Conclusion

Review
 
This topical book, by the leading legal author in the field, opens with the remark that the problem of rape has finally 'emerged from the shadows,' in the sense that culturally society is now more receptive to address what the authors term the 'Real Rape Stereotype.' While significant changes have been made to the law in recent years there remains an underlying attitude problem, evident in both the public and professional spheres, that is responsible for the gendered gap (or chasm as Liz Kelly refers to it) between the number of rapes reported to the Police, and the subsequent dismal and well-publicised 5-6% that actually result in convictions. Temkin and Krahe argue convincingly that despite recent legal reforms and procedural changes to counteract these inherent stereotypes and biases, preconceived ideas about sexual assault still prevail and are difficult to eradicate at both individual and institutional levels. The authors utilise a psychological/legal interdisciplinary approach adopting a “social psychological perspective on the process of decision making” (p3). Their research confirms that there are still significant and unacceptable practices operating within the criminal justice system that militate against rape victims. As expected from an author who has often been highly critical of the legal approach to rape, the text confronts the limitations and shortcomings of the present system head-on through a range of judicious but considered challenges. The book is divided into three parts, the first part reviews existing research which evidences the existence of the justice gap, part two details a number of new empirical surveys undertaken to test current stereotypical views, and the last section suggests possible reforms and avenues for mitigating the impact of rape stereotypes.
 
The first two chapters rehearse well-documented ground presenting 'edited highlights' of the available statistical surveys and attrition rates for sexual assaults and rape. References to research from the 1970s might disappoint some as resurrecting the acknowledged and discredited 'Life on Mars' policing style of the period. But of more concern is the confirmation that 25% of reported rapes are classified as 'no crimes' and that the inappropriate use of the no-criming classification is still a continuing problem, especially where intimates are involved. However, some comment about how the introduction of ethical reporting has impacted upon such statistics could have been enlightening. The Real Rape Stereotype is identified as a prescriptive stereotype based on normative expectations about conduct and behaviour upon which a complainant's credibility may be based. The greater the divergences from the perceived Real Rape scenario, i.e. stranger rape, the more prevalent and stronger Rape Supporting Attitudes (RSA) become. The authors cite Ward's global comparison of the prevalence of negative stereotypical attitudes towards rape as examined in 15 countries, which at least features the UK as the lowest in the table suggesting that while there is still a long way to go attitudes and awareness are improving (p.35).
 
The second chapter (unsurprisingly) confirms that there is a strong correlation between Rape Myth Acceptance (RMA) and propensity to use sexual aggression. But on occasion references to research cited often prompt more questions requiring further explanation or context; especially where international findings are then 'corroborated or confirmed' within the UK. For example, the authors refer to further research conducted by Ward in Singapore. This found RMA to be prevalent amongst 'police officers, lawyers, counsellors and doctors,' and that 43% of Singapore police officers 'failed to identify as false the statement “that most alleged rapes involve extensive physical injury”' leading Ward to conclude that these professionals were not well informed about rape and often held Rape Supportive Attitudes. Temkin and Krahe then assert “This conclusion is corroborated by findings from interviews with English police officers which revealed that more than half assumed that 25% of all rapes reported were false” (p.39). Some reference to the significance of the wider cultural context and educative differences between these two countries, and their police professionals, to justify such conclusions and comparisons might have been considered - especially as the book is primarily about closing the justice gap in England and Wales.
 
Current concerns about jury bias based on the fact that jurors, as proportionately 'representative' of society, are likely to subscribe to the Real Rape Stereotypes are addressed in chapter three. Because of the impossibilities of reality-based research on jury deliberations, the authors examine jury bias through the use of 'model jury paradigms' acknowledging that such surveys tend to be focused on the jury's perception of the accused rather than the complainant. Rape Supportive Attitudes are highly significant as jurors may not only be influenced by personal stereotypical perspectives but these may be aggravated by their individual mood at the time of hearing the evidence presented, signified by the authors as 'mood congruency' and 'counterfactual thinking and hindsight bias.' A fundamental dilemma is the predilection of the jury to take into account inadmissible evidence, even when specifically directed by the judge to discount it. Thus 'attitudinal and demographic correlations of Rape Myth Acceptance' can help determine which groups could (should?) be targeted to develop greater Rape Supportive Attitudes awareness.
 
The middle section of the book analyses a considerable amount of empirical research undertaken with a range of groups - law students, the public, lawyers and judges - to test the impact of RSA and RMA in the context of a variety of associated hypotheses. These include the proximity of the relationship between the parties, the extent to which the rape conforms to the typical Real Rape scenario, the impact of victim incapacitation (eg alcohol precipitated) compared to the use of force exerted by the defendant, whether men are more accepting of RSAs and so more willing to attribute blame to the complainant than women etc. Participants were presented with a number of rape scenarios and asked questions relating to these factors and in some cases shown examples of the recent Home Office poster Consent Campaign to test whether this might affect their recommendations of appropriate sentences. The range of groups selected also tests the extent to which differing levels of legal expertise and knowledge might impact upon awareness and understandings. The authors found a high degree of consistency across the groups in respect of the strength of victim-blame/defendant-liability, specifically in relation to the double standards applied to male/female behaviour, the degree of divergence from real rape scenarios, and the greater subscription by males than females to rape myths. The contiguous hurdles and evidential problems present within the criminal justice process are reiterated by judges and barristers in chapters six and seven including long standing concerns about poor policing, incompetent prosecuting counsel and defence tactics. This is particularly disturbing given that specialist police training and sexual assault units were introduced in the 1980s and promises were made by the DPP a few years ago to ensure that all Crown Prosecution Service departments had suitably trained staff. More alarmingly the authors also found evidence that nearly 10 years after the introduction of section 41 of the Youth Justice Criminal Evidence Act 1999 and the decision by the House of Lords in R v A, the relaxation of the corroboration rules and reforms concerning the admissibility of similar fact evidence, there are still examples of judicial confusion and misunderstanding as to their application.
 
Part Three offers some possible solutions and recommendations to at least partially fill, if not close the gap. These include suggestions for more rational jury decision-making and support for the Government's initiative to allow the prosecution to introduce 'general expert evidence' on the impact and affect of rape trauma and victim behaviour where it would be useful to the jury. It is also suggested that in response to judicial confusion about the relationship between intoxication and consent (R v Bree) the definition of consent and associated presumptions be amended to make it clear that 'there is no requirement that absence of consent be demonstrated or communicated' (p.175). The authors point out that more research is needed on the issue of whether more female judges would make any difference on the basis that women have been generally found to be less susceptible to RSA. More fundamentally it is proposed that rape misconceptions need to be eradicated from society and that awareness therefore needs to begin at an early stage together with constructive media involvement. While all these suggestions and recommendations should be implemented - and most especially increasing public understanding and awareness - arguably the question remains whether the justice gap can ever be effectively bridged by continual tinkering with an adversarial system that demands confrontation and the agonistic revelation of not the whole truth but as much as the rules will allow.
 
Kim Stevenson


Homicide Law in Comparative Perspective

Criminal Law Library - No. 6

Edition: 1st

Format: Hardback

Author: Edited by Jeremy Horder

ISBN: 9781841136967

Publishers: Hart Publishing

Price: £45

Publication Date: Dec 2007

Publisher's Title Information


A number of jurisdictions world-wide have changed or are considering changing their homicide laws. Important changes have now been recommended for England and Wales, and these changes are an important focus in the book, which brings together leading experts from jurisdictions across the globe (England and Wales; France; Germany; Scotland; Australia; The United States of America; Canada; Singapore and Malaysia) to examine key aspects of the law of homicide.

Key areas examined include the structure of the law of homicide and the meaning of fault elements. For example, the definition of murder, or its equivalent, is very different in France and Germany from the definition used in England and Wales. French law, like the law in a number of American states, ties the definition of murder to the presence or absence of premeditation, unlike the law in England and Wales. Unlike most other jurisdictions, German law makes the killer's motive, such as a sadistic sexual motive, relevant to whether or not he or she committed the worst kind of homicide. England and Wales is in a minority of English-speaking jurisdictions in that it does not employ the concept of 'wicked' recklessness, or of extreme indifference, as a fault element in homicide.

Understanding these often subtle differences between the approaches of different jurisdictions to the definition of homicide is an essential aspect of the law reform process, and of legal study and scholarship in the criminal law. Every jurisdiction tries to learn from the experience of others, and this book seeks to make a contribution to that process, as well as providing a lively and informative resource for scholars and students.


The Author

Jeremy Horder is Professor of Criminal Law at the University of Oxford, Porjes Foundation Fellow and Tutor in Law, Worcester College, Oxford, Chairman of the Faculty of Law, University of Oxford, 1998-2000 and currently Law Commissioner for England and Wales, 2005.


Part of the Preface

This Volume emerges from the work that was done by the contributors towards the writing of the Law Commission's final report on the law of homicide in England and Wales, Murder,Manslaughter and Infanticide. The Law Commission, Murder, Manslaughter and Infanticide(Law Com No 304, 2006)A number of jurisdictions world-wide have been reviewing or revising their homicide laws, and each has engaged in comparative analysis. An important new contribution to this process can be made by compiling a detailed scholarly analysis of the law in a range of jurisdictions (both recently reformed and unreformed). In addition, Chapter 2 provides an overview of how the Law Commission for England and Wales justified its conclusions as to how the law of homicide should be reformed.

Key questions, answered in different ways in different jurisdictions, confront would-be reformers of the law of homicide. For example: Should 'murder' be the most serious homicide offence? Alternatively, should there be aggravated versions of murder, above murder itself? In England and Wales, as in a number of former common law countries, the first question is answered 'yes' whereas in France and Germany, by way of contrast, 'yes' is the answer to the second question.

Should murder be confined to an intention to kill? Once again (broadly speaking), in France and Germany the answer is 'yes', whereas in Scotland and in England and Wales, as in Australian states, the answer is 'no'. Although the answer is also 'no' under American state codes, under Canadian law and under the Singaporean penal code, the approach in the latter jurisdictions is more highly sophisticated (which is not necessarily to say that it is better).

These essays explore these and many other issues where different jurisdictions have taken a diverse range of approaches to key issues in the law of homicide. The essays are not so regimented as to ensure that each author explores precisely the same issues in the same depth. Authors have been given scope to develop their contributions in a way that brings out important or pressing issues within the jurisdiction under consideration. This will enable those engaged in comparative analysis, for the purposes of law reform, to gauge where they are most likely to find material and discussion more detailed and advanced in some jurisdictions than in others.

When speaking of comparisons between legal systems, and of homicide trials in particular, Sir James Stephen once wrote, 'The whole temper and spirit of the French and the English differ so widely, that it would be rash for an Englishmen to speak of trials in France as they actually are'. (Sir James Stephen, History of the Criminal Law of England (London, 1883), i at 77.) In this volume, the contributors have not taken such a gloomy view of attempts to understand 'foreign' laws of homicide. They are right not to have done so.


Review

 
Homicide Law in Comparative Perspective is a collection of essays that explore how different jurisdictions throughout the world handle important issues related to homicide law. Many jurisdictions worldwide are in the process of reviewing and changing their homicide laws. In accordance with this, book aims to provide a detailed scholarly account of the issues that many jurisdictions face, how these relate to the issues of other jurisdictions, and what strategies and changes are being implemented to handle these issues.
 
The editor of the text, Jeremy Horder, is a Law Commissioner for England and Wales, and Professor of Criminal Law at the University of Oxford. The various authors of the text are leading experts in homicide law from around the world including: England, Scotland, Australia, the United States of America, Canada, and Singapore. By employing experts from around the world, the text avoids many of the potential pitfalls of having one legal scholar provide a comparative analysis of their own legal system to a variety of others, where the various nuances and cultural underpinnings of each jurisdiction might be unclear or unknown to the scholar.
 
The text begins with an overview of how similar issues of homicide law have been dealt with across different jurisdictions. The focus of the chapter is on the Law Commission's recommendations for the law of homicide in England and Wales compared to the provisions currently used in many other jurisdictions. One central topic examined in this chapter is the concern over mitigating motives, as opposed to aggravating ones when determining premeditation, as well as how these factors should be considered in determining sentences. Other issues comparatively examined include the definition of murder as a singular offences as opposed to one of varying degrees, the extent to which different degrees should exist, and the determining factors of these degrees.
 
Building on this discussion, the England and Wales Law Commission's recommendations for a three-tier structure for homicide are then detailed. The structure of this system is similar in terminology to that of the American system in that it includes first degree murder, second degree murder, and manslaughter; however, nuances do exist between the recommended English system and the current American system. This three-tier system would replace the two-tier system of murder and manslaughter that England has traditionally had, as the current system provides less specificity of partial defences among other reasons.
 
The third chapter explores the French legal system with particular attention to laws relating to intentional killings, which refer to all killings with intent to kill and do nothing less than to cause death. French legal doctrine does not contain a definition of what intention means, nor do they impose a mandatory life sentence for intentional homicide, as is done in England and many other countries that no longer have capital punishment. The punishments attached to intentional killings are variable and at the discretion of a jury. There are also a range of general defences often used in the French legal system that limit the amount of killings that are considered to be intended. Such a system is consistent with those being proposed by many liberal legal reformers in England.
The remainder of the book continues to explore the homicide laws of different jurisdictions in a similar fashion to the previous chapter. The countries examined include: Germany, the United States of America, Canada, Australia, Scotland, and Singapore. Among these countries several interesting distinctions in the legal handling of homicide exist. In Germany, the severity of the murder charge is determined by a catalogue of qualifying factors. The United States of America still continues to use capital punishment, or the death penalty, as punishment for certain severities of murder. The Canadian homicide laws are described as “badly organised, tortuous and tautologous” and “barnacle-encrusted” (p. 142) suggesting a need for major reform. The Australian legal system is comprised of several relatively distinct jurisdictions with slight variations in their interpretations and handlings of homicide. In Scotland, two forms of killing are recognized including murder and culpable homicide, which is similar to the English system of murder and manslaughter. Unlike other sentencing in Scotland, murder carriers both a minimum and maximum sentence reducing the flexibility and discretionary power of judges to rule on varying degrees of homicide. The Singaporean Penal Code, built on Indian legal structure and case law, is based on determining fault, which allows for several degrees of murder with attached mandatory, minimum or maximum sentences.

While previous generations of legal scholars may have sought to reveal the apparent superiority of their own legal system over all others, this text provides interesting comparative analysis of homicide law in different jurisdictions by a group of scholars working in locations around the world. The aim is not to prove that the laws of their own country are better, but to help make the laws of their country better. This book should be of particular interest to anyone involved in making legal policy decisions related to homicide law in any jurisdiction around the world. It should also be of interest to students and scholars of homicide law of any of the particular jurisdictions discussed in the book, as well as for those interested in comparative analysis of different legal systems.
 
Curtis Fogel


Judicial Review in Northern Ireland

Edition: HB

Author: Gordon Anthony

ISBN:9781841136172

Publishers: Hart Publishing

Price: £50.00

Publication Date: January 2008

Publisher's Title Information


This is the first book to be written on the principle and practice of judicial review in Northern Ireland. It collates and discusses the ever-burgeoning body of Northern Ireland case law and divides into eight chapters that consider the purposes of judicial review; the nature of the public-private divide in Northern Ireland law; the judicial review procedure; the grounds for review; and remedies. Much of the case law here is unique to Northern Ireland, and the book identifies actual and potential differences between Northern Ireland case law and that of England and Wales. The book also integrates Human Rights Act 1998 jurisprudence as has been developed by the Northern Ireland courts and by the House of Lords; and it situates much of that case law within wider debates about judicial review as play out in related practitioner and/or academic journals.

The book has been written primarily for practitioners of judicial review and uses numbered paragraphs for ease of reference. The book is, however, of a wider interest and it will be a valuable resource for academics and students too. Much of the Northern Ireland case law has been concerned with contentious political issues, and the courts have had to consider difficult questions of the constitutional limits to the judicial role in review proceedings. The book should therefore be of use not just to practitioners but also to those involved in the study of judicial reasoning in different jurisdictions (both within the UK and elsewhere).
From the Foreword by Rt Hon Sir Brian Kerr, Lord Chief Justice of Northern Ireland


"This important new work by Gordon Anthony will be of inestimable assistance to practitioners and academic commentators alike. It provides a magisterial review of developments in the field of judicial review in this jurisdiction, particularly since the coming into force in October 2000 of the Human Rights Act 1998...(this and other topics are] handled with great authority and clarity...it is certain that this will become an indispensable reference text for those practising in judicial review in this jurisdiction and elsewhere."


Contents

Foreword vii

Preface ix

Acknowledgements xv

Table of Cases xxiii

Table of Statutes xlvii

Table of Statutory Rules and Statutory Instruments lv

Table of International Treaties lviii

Abbreviations lxi

1. Judicial Review in Northern Ireland: Purposes, Sources of Law, and

Constitutional Context

[1.01] Introduction 1

[1.04] What is Judicial Review, and What are its Purposes? 2

[1.11] Sources of Law 6

[1.12] Statute Law 6

[1.14] The Common Law 8

[1.16] EU Law 9

[1.20] The ECHR 11

[1.23] Unincorporated International Treaties and Customary International Law 13

[1.25] Statutory Interpretation 14

[1.28] ‘Constitutional Statutes’ 16

[1.29] The European Communities Act 1972 17

[1.30] The Human Rights Act 1998 18

[1.33] The Northern Ireland Act 1998 20

[1.35] Conclusion 21

2. When is the Judicial Review Procedure Used? The Public/Private Divide and

Effective Alternative Remedies

[2.01] Introduction 23

[2.03] The Problem of the Province of Judicial Review 23

[2.06] Tests for Issues Amenable to Judicial Review 25

[2.07] The ‘Source of Power’ Test: Statute 25

[2.10] The ‘Nature of the Issue’ Test and Public Sector Employment Disputes 37

[2.14] The ‘Public Interest’ Test 40

[2.18] ‘Public Functions’ and ‘Emanations of the State’ 42

[2.22] Section 6 of the Human Rights Act 1998 44

[2.26] The Northern Ireland Act 1998; and the Freedom of Information

Act 2000 47

[2.28] Procedural Exclusivity and Effective Alternative Remedies 47

[2.30] Procedural Exclusivity and the ‘Anti-technicality’ Provision 48

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[2.34] Effective Alternative Remedies 50

[2.36] Satellite Litigation 52

[2.37] Conclusion 52

3. The Judicial Review Procedure

[3.01] Introduction 55

[3.04] Deciding to Proceed 56

[3.05] Is there a Decision, Act, Failure to Act, or Other Measure? 56

[3.09] Does the Decision or Other Measure Sound in Public Law? 59

[3.10] Would Review Proceedings be Appropriate? 59

[3.14] Pre-Action Protocol 61

[3.17] The Leave Stage 63

[3.18] Making the Application 63

[3.21] Criminal Causes 64

[3.22] The Human Rights Act 1998; and ‘Devolution Issues’ 65

[3.24] The Onus of Proof and the ‘Arguable Case’ Threshold 67

[3.27] Delay 68

[3.30] Standing 70

[3.31] Urgent Cases 71

[3.32] Where Leave is Granted 71

[3.34] Costs 72

[3.36] Notice Parties 74

[3.38] Third Party Interveners 74

[3.40] Where Leave is Refused: Appeals 76

[3.42] Interim Matters 76

[3.42] Remedies 76

[3.42] Stays, Interim Declarations, and Interim Injunctions 76

[3.45] The European Communities Act 1972 and EU Law 78

[3.47] The Human Rights Act 1998 79

[3.48] Discovery 80

[3.48] The General Position 80

[3.53] The Human Rights Act 1998 82

[3.55] Public Interest Immunity 83

[3.56] The Freedom of Information Act 2000 84

[3.59] Cross-examination and Interrogatories 86

[3.61] The Substantive Hearing 87

[3.61] Papers for the Hearing 87

[3.63] The Grounds for Review 87

[3.64] Standing 88

[3.64] The General Position 88

[3.67] Section 7 of the Human Rights Act 1998 89

[3.71] Third Party Interveners 92

[3.72] Remedies 92

[3.73] The Range of Remedies 93

[3.74] The Judicature (Northern Ireland) Act 1978 and RSC Order 53:

The Prerogative Orders, Declarations, and Injunctions 93

xviii Contents

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[3.75] The Judicature (Northern Ireland) Act 1978 and RSC Order 53: Damages 94

[3.76] The Judicature (Northern Ireland) Act 1978 and RSC Order 53:

Other Disposals 94

[3.77] The European Communities Act 1972 and EU Law 95

[3.79] The Human Rights Act 1998 and the ECHR 96

[3.81] The Prerogative orders, Declarations, and Injunctions: Their

Discretionary Nature 97

[3.82] Utility 97

[3.84] Conduct of Applicant 98

[3.85] Delay 98

[3.86] Alternative Remedies 99

[3.88] Appeals 100

[3.91] Costs 101

[3.93] Conclusion 101

4. The Grounds for Review Introduced

[4.01] Introduction 103

[4.03] The Constitutional Purposes of, and the Limits to, the Grounds for

Review 104

[4.04] ‘Root Concepts’ of the Common Law and the ‘Rule of Law’ 104

[4.06] Non-statutory Power and the Rule of Law: The Royal Prerogative 105

[4.09] The Rule of Law and Parliamentary Sovereignty 108

[4.10] Ouster Clauses and Time-limits 108

[4.14] Context-sensitivity: Justiciability, Reviewability, and Deference 111

[4.18] National Security 112

[4.20] Law, Politics, and ‘Soft-edged’ Review 114

[4.22] Powers, Duties, and Discretion 115

[4.23] Powers and Duties 116

[4.26] Duties and Discretion 118

[4.29] Errors of Law and Errors of Fact 120

[4.30] Errors of Law 121

[4.30] The Anisminic Principle 121

[4.32] Courts of Law 122

[4.35] ‘Domestic’ Decision-makers 124

[4.36] Errors of Fact 124

[4.38] Precedent Fact 125

[4.40] Relevancy 126

[4.42] ‘No Evidence’ 127

[4.43] Error of Material Fact 127

[4.45] Conclusion 128

5. Illegality

[5.01] Introduction 131

[5.04] ‘Constitutional Statutes’ and Illegality 132

[5.06] The European Communities Act 1972 133

[5.11] The Human Rights Act 1998 136

Contents xix

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[5.12] Primary Legislation 136

[5.15] Subordinate Legislation 138

[5.17] Public Authorities 139

[5.21] The Northern Ireland Act 1998 142

[5.23] Acts of the Assembly/Orders in Council 143

[5.25] Statutory Rules 145

[5.27] Public Authorities 146

[5.31] Subordinate Legislation and Illegality 148

[5.38] Discretion and Illegality 152

[5.40] Relevancy 153

[5.44] Purposes 155

[5.47] Bad Faith 157

[5.49] Delegation 157

[5.52] Fettering of Discretion 159

[5.55] Conclusion 160

6. Substantive Review: Wednesbury, Proportionality, Legitimate Expectation, Equality

[6.01] Introduction 163

[6.05] Wednesbury Unreasonableness/Irrationality 165

[6.07] Wednesbury Unreasonableness: Its ‘Umbrella’ and ‘Substantive’

Meanings 165

[6.09] Wednesbury Unreasonableness and Context-sensitivity 167

[6.12] Proportionality 168

[6.14] Proportionality and the European Communities Act 1972 170

[6.18] Proportionality and the Human Rights Act 1998 172

[6.20] Proportionality in the ECHR and the ‘Margin of Appreciation’ 173

[6.23] The Standard of Review in Domestic Law 175

[6.25] The ‘Discretionary Area of Judgment’ 176

[6.27] Has Proportionality Displaced Wednesbury? 178

[6.29] Legitimate Expectation 179

[6.33] Lawfully Created Expectations 182

[6.33] When are they Recognised? 182

[6.37] How are they Protected? 185

[6.41] Unlawfully Created Expectations 187

[6.42] Representations that are Ultra Vires the Authority 188

[6.44] Unauthorised Representations that are Intra Vires the Authority 189

[6.46] Equality 190

[6.50] Common Law Equality 192

[6.52] Statute Law and Equality 193

[6.54] EU Law and Equality 194

[6.57] Article 14 ECHR and the Prohibition of Discrimination 195

[6.60] Conclusion 197

7. Procedural Impropriety

[7.01] Introduction 199

[7.04] Some Definitional Points 200

xx Contents

(A) Anthony Prelims 19/12/07 10:47 Page xx

[7.06] The Relationship between Statute Law and the Common Law 201

[7.08] The Reach of Common Law Fairness 202

[7.08] ‘Rights’, ‘Interests’, and ‘Legitimate Expectations’ 202

[7.10] Fairness as a Context-dependent Requirement 203

[7.12] Procedural and Substantive Fairness 204

[7.14] The Scope of Article 6 ECHR 205

[7.17] Procedural Requirements and Statute 208

[7.18] Ascertaining Legislative Intent 208

[7.22] Consultation 210

[7.25] Reasons 212

[7.30] The Right to a Hearing 214

[7.34] The (Variable) Content of the Right to a Hearing 216

[7.35] Notification 216

[7.38] The Nature of the Hearing and the Evidence 218

[7.41] Representation 219

[7.43] Reasons 220

[7.47] Appeals and Rehearings 222

[7.49] When is the Right to a Hearing Modified and/or Excluded? 223

[7.53] Breach of the Right to a Hearing: Remedies and Waiver 224

[7.58] The Rule Against Bias 226

[7.61] Actual Bias 228

[7.62] Apparent Bias 229

[7.63] Automatic Disqualification: ‘Pecuniary Interests’ and ‘Parties to the

Dispute 229

[7.65] Other Forms of Disqualifying Bias 230

[7.67] Politics, Policy, and Bias 231

[7.69] Article 6 ECHR: ‘Bias’, ‘Independent and Impartial Tribunals’, and

‘Full Jurisdiction’ 232

[7.75] Exceptions to the Rule against Bias: Statute, Necessity, and Waiver 235

[7.78] Breach of the Rule against Bias: Remedies 236

[7.79] Conclusion 237

8. Remedies

[8.01] Introduction 239

[8.03] The Origins, and Discretionary Nature of, the Remedies 240

[8.03] Origins 240

[8.05] The Position of the Crown and its Ministers 241

[8.08] Their Discretionary Nature 242

[8.10] The Judicature (Northern Ireland) Act 1978 and RSC Order 53 243

[8.11] The Prerogative Orders, Declarations, and Injunctions 244

[8.11] Mandamus 244

[8.13] Certiorari 245

[8.16] Prohibition 246

[8.17] Declaration 247

[8.19] Injunction 248

[8.21] Damages 249

Contents xxi

(A) Anthony Prelims 19/12/07 10:47 Page xxi

[8.23] Negligence 249

[8.26] Breach of Statutory Duty 251

[8.28] Misfeasance in Public Office 252

[8.30] The ‘Holding of Public Office’ and ‘Sentences in Criminal Cases’ 253

[8.32] The European Communities Act 1972 254

[8.34] Injunctions and Ministers of the Crown 255

[8.36] Damages 256

[8.39] Discretionary Remedies? 258

[8.40] The Human Rights Act 1998 258

[8.41] Binding Remedies 259

[8.41] The Relationship between Sections 6–8 259

[8.43] Damages 260

[8.46] Declarations of Incompatibility 261

[8.49] Conclusion 263

Index


The Author

Gordon Anthony is a Senior Lecturer in Law at Queen's University of Belfast, a member of the European Group of Public Law, Athens, and author of UK Public Law and European Law (Hart Publishing, Oxford, 2002); and, with Peter Leyland, Textbook on Administrative Law (Oxford University Press, 5th Edition, 2005).


Answering for Crime

Responsibility and Liability in the Criminal Law, Legal Theory Today - No. 13

Edition: HB

Author: R A Duff

ISBN: 9781841137537

Publishers: Hart Publishing

Price: £45

Publication Date: November 2007

Publisher's Title Information


In this long-awaited book, Antony Duff offers a new perspective on the structures of criminal law and criminal liability. His starting point is a distinction between responsibility (understood as answerability) and liability, and a conception of responsibility as relational and practice-based. This focus on responsibility, as a matter of being answerable to those who have the standing to call one to account, throws new light on a range of questions in criminal law theory: on the question of criminalization, which can now be cast as the question of what we should have to answer for, and to whom, under the threat of criminal conviction and punishment; on questions about the criminal trial, as a process through which defendants are called to answer, and about the conditions (bars to trial) given which a trial would be illegitimate; on questions about the structure of offences, the distinction between offences and defences, and the phenomena of strict liability and strict responsibility; and on questions about the structures of criminal defences. The net result is not a theory of criminal law; but it is an account of the structure of criminal law as an institution through which a liberal polity defines a realm of public wrongdoing, and calls those who perpetrate (or are accused of perpetrating) such wrongs to account.


Contents

Table of Cases xi

Table of Legislation xv

Introduction 1

1. The 'General Part' and the 'Special Part' 1

2. A Normative Theory of Criminal Law? 6

3. Answering for Crime 15

1. Responsibility and Liability 19

2. Responsibility as Relational 23

3. Prospective and Retrospective Responsibilities 30

2. CRIMINALLY RESPONSIBLE AS WHAT, TO WHOM? 37

1. Who can be Responsible? 38

2. As What Are We Criminally Responsible? 43

(a) Territories, Sovereigns and Subjects 44

(b) Moral Agents 47

(c) Citizens 49

3. Civic Criminal Responsibility 51

3. RESPONSIBLE FOR WHAT? 57

1. Control as Necessary for Responsibility 57

2. What Can We Control? 60

(a) Thoughts, Emotions and Character 61

(b) Intended and Expected Outcomes 63

(c) Risks, Foreseen and Unforeseen 69

3. The 'Epistemic Condition': A Condition of Responsibility or of Liability? 72

4. CRIMINALLY RESPONSIBLE FOR WHAT?

(1) CRIMES AS WRONGS 79

1. Preliminaries 79

2. Crimes as Wrongs 81

3. Moral Wrongfulness as Condition or as Object of Criminal Responsibility? 82

4. Mala Prohibita as Wrongs 89


Antony Duff is Professor of Philosophy at the University of Stirling. He is the author of numerous works on general philosophy, on the philosophy of law, and most particularly on the philosophy of crime and punishment.



International Domain Name Law

Edition: 1st

Author: David Lindsay

ISBN: 9781841135847

Publishers: Hart Publishing

Price: £95.00

Publication Date: Dec 2007

Publisher's Title Information


The Domain Name System (DNS), which matches computer addresses to human-friendly domain names, has given rise to many legal issues. Two important issues are the institutional arrangements for governing the DNS and the use of trade marks as domain names. This book is the first complete statement of this rapidly-evolving area of the law. In particular, the book includes a comprehensive statement of decisions under the Uniform Domain Name Dispute Resolution Policy (UDRP), the international system for resolving disputes between trade mark owners and domain name registrants. In this path-breaking work the author examines the extent to which principles of national trade mark law have been used in UDRP decisions. It will be essential reading for anyone, whether academic or practitioner, interested in internet law, intellectual property, and e-commerce law.


The Author

David Lindsay, a Senior Lecturer at Monash Law School, is a widely published expert on internet law, intellectual property law and privacy.

Foreword


The authorisation of commercial activity on the Internet in 1995 changed both commerce and the Internet. For commerce, the `bright lattices of logic" unfolding invisibly across national boundaries opened a global marketplace and distributional channels of unprece­dented power and reach. For the Internet, the age of innocence passed. Its traffic would no longer be confined to the public goods of research and defence, but would thenceforth concern also the interaction of private persons and enterprises and private goods.

Any enterprise wishing to trade in the new global marketplace needed, however, an address at which its offerings could be located and viewed. The Internet provided a ready answer in the form of the domain name system, which permitted human-friendly names or alphanumeric strings to be used in place of the Internet Protocol numbers which enabled computers to connect to each other, but which were so easy to misread, mistype or forget. The adoption of domain names as commercial addresses, however, caused a mutation. Domain names no longer served only the function of technical addresses connecting com­puters, but became also brands or signals of commercial presence that entered the world of publicity and advertising as part of the standard identification apparatus of enterprises.

Thus was born a seemingly intractable legal problem, the conflict between two systems of identifiers designed for different purposes and different contexts. On the one hand, there was the well-established system of trademarks, legal titles granted pursuant to a regulated procedure designed to avoid confusion with similar marks or legally respected commercial indicators. They were territorially limited and had effect only in commerce. On the other hand, there was the new breed of domain names, technical addresses accorded following a largely unregulated application procedure that did not seek to eliminate confusing similar­ities. They had global effect and, while being able to be used in commerce, were equally available for social, cultural, scientific and political communication

For various reasons, traditional legal processes offered little hope of providing a com­pletely satisfactory means of dealing with the conflict between these two systems of identi­fiers. The speed of Internet activity was one such reason. A domain name could be acquired in a matter of seconds and gave an immediate global presence, with the potential for considerable damage to be inflicted on a pre-existing trademark before litigation could be commenced and successfully terminated. Another reason was the international nature of the Internet and its users. A domain name could be held by anyone, anywhere in the world and, thus, possibly in a jurisdiction on the opposite side of the world from the country in which a similar trademark was held. The inconvenience of litigation in a foreign language and in a foreign legal system and country was manifest. Furthermore, the normal instru­ment of providing for a means of resolving such international issues, the treaty, which usually takes several years to negotiate and many more to enter into force over a geograph­ically extensive range, was woefully inadequate in the circumstances of the very rapidly expanding use of the Internet.

The Uniform Domain Name Dispute Resolution Policy (UDRP) was the novel solution invented to overcome the short-comings of traditional legal processes and to provide a par­tial, but very effective, solution to the interface between trademarks and domain names. It was the outcome of a very expeditious, but nevertheless extensive, international process conducted by the World Intellectual Property Organization (WIPO), which was in turn adopted by the Internet Corporation for Assigned Names and Numbers (ICANN) and given effect through the contractual web that links ICANN, registrars and domain name holders.

David Lindsay's work provides a comprehensive and invaluable guide to the engaging story of the evolution of the domain name system, ICANN and the UDRP for students, practitioners and the interested public. It is a story that has intrinsic merit, but also one that may provide lessons for other legal problems that may arise in the future as global technolo­gies become increasingly commonly deployed in a world that remains governed essentially by national legal systems.

Francis Gurry Deputy Director General World Intellectual Property Organization (WIPO)



Innovations in Evidence and Proof Integrating Theory, Research and Teaching

Edition: HB

Author: Edited by Paul Roberts and Mike Redmayne

ISBN: 1-84113-706-5 /9781841137063

Publishers: Hart Publishers

Price: £45

Publication Date: Nov 2007

Publisher's Title Information


Innovations in Evidence and Proof brings together fifteen leading scholars and experienced law teachers based in Australia, Canada, Northern Ireland, Scotland, South Africa, the USA and England and Wales to explore and debate the latest developments in Evidence and Proof scholarship. The essays comprising this volume range expansively over questions of disciplinary taxonomy, pedagogical method and computer-assisted learning, doctrinal analysis, fact-finding, techniques of adjudication, the ethics of cross-examination, the implications of behavioural science research for legal procedure, human rights, comparative law and international criminal trials. Communicating the breadth, dynamism and intensity of contemporary theoretical innovation in their diversity of subject-matter and approach, the authors nonetheless remain united by a common purpose: to indicate how the best interdisciplinary theorising and research might be integrated directly into degree-level Evidence teaching.

Innovations in Evidence and Proof is published at an exciting time of theoretical renewal and increasing empirical sophistication in legal evidence, proof and procedure scholarship. This groundbreaking collection will be essential reading for Evidence teachers, and will also engage the interest and imagination of scholars, researchers and students investigating issues of evidence and proof in any legal system, municipal, transnational or global.

The Author


Paul Roberts is Professor of Criminal Jurisprudence in the University of Nottingham School of Law. He is Editor of the International Journal of Evidence & Proof (E & P), and his publications include Roberts & Zuckerman, Criminal Evidence (OUP, 2004).
Mike Redmayne is Professor of Law at the LSE. His publications include Ashworth and Redmayne, The Criminal Process 3rd edn (OUP, 2005) and Expert Evidence and Criminal Justice (OUP, 2001).



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The Trial on Trial: Volume 3 Towards a Normative Theory of the Criminal Trial

Edition: HB

Authors: Antony Duff, Lindsay Farmer, Sandra Marshall and Victor Tadros

ISBN: 978 1841136981

Publishers: Hart Publishing

Price: £40

Publication Date: Nov 2007

Publisher’s Title Information


The criminal trial is under attack. Traditional principles have been challenged or eroded; in England and Wales the right to trial by jury has been restricted and rules concerning bad character evidence, double jeopardy and the right to silence have been substantially altered to "rebalance" the system in favour of victims. In the pursuit of security, particularly from terrorism, the right to a fair trial has been denied to some altogether. In fact trials have for a long time been an infrequent occurrence, most criminal convictions being the consequence of a guilty plea. Moreover, while this very public struggle over the future of the criminal trial is conducted, there is also a less publicly observed controversy about the significance of trials in modern society. Trials are under normative attack, their value being doubted by those who seek different kinds of process - conciliatory or restorative - to address the needs of victims and move away from the imposition of state power through trials and punishments.

This book seeks to develop a normative theory of the criminal trial as a way of defending the importance of trials in our criminal justice system. The trial, it is suggested, calls defendants to answer a charge and, if they are criminally responsible, to account for their conduct. The trial is seen as a communicative process through which the defendant can challenge claims of wrongdoing made against him, including the norms in the light of which those claims are made. The book develops this communicative theory by first making a careful study of the history of trials, before moving on to outline the theory, which is then developed through chapters looking at the practices and principles of trials, alternative regulatory models, the roles of participants, the relationship between investigation and trial and trials as public fora.

The Authors

Antony Duff is Professor of Philosophy at the University of Stirling.
Lindsay Farmer is Professor of Law at the University of Glasgow.
Sandra Marshall is Professor of Philosophy in the University of Stirling.
Victor Tadros is a Professor of Law at the University of Warwick.



Criminal Law Theory and Doctrine

Edition: paperback

Author: A P Simester & GR Sullivan

ISBN: 9781841137056

Publishers: Hart Publishing

Price: £27.50

Publication Date: August 2007

Publisher's Title Information


This is the third edition of the widely acclaimed textbook by Andrew Simester and Bob Sullivan. Criminal Law: Theory and Doctrine has established itself as the leading modern account of English criminal law, combining a detailed and authoritative exposition of the law with a careful exploration of its theoretical underpinnings. As such it is ideal for undergraduate teaching. It has also established itself as a major point of reference in academic writing, here and abroad, and has been cited in appellate courts throughout the world, including the House of Lords, the High Court of Australia, the Supreme Court of Canada, and the Special Tribunal for the former Yugoslavia.

In this edition, besides extensive updating, there is a new chapter on criminalisation as well as detailed new discussions of criminal damage and anti-social behaviour orders (ASBOs).

Reviews to Date

'This is probably the most significant book on criminal law to be published for many years, because it combines a high level of detail on the relevant cases and statutes with a searching examination of theoretical arguments that point directions for the development of law and legal doctrines...certainly sufficient for any undergraduate or postgraduate course. This is a carefully researched, well-written and balanced book, and a fine example of many of the best features of legal scholarship.'
Professor Andrew Ashworth. Law Quarterly Review

'...in this magisterial work on English Criminal law ... the authors have taken the art of textbook writing to a new level of sophistication... Simester and Sullivan's new book can without question be regarded as taking its place alongside the work of Williams, and of Smith and Hogan... and has been splendidly produced.'
Jeremy Horder, The Criminal Law Review
'Its breadth and depth of coverage, clarity of exposition and intellectual rigour, are all likely to make this book essential reading for many undergraduate and postgraduate criminal law students'
David W Selfe, The Law Teacher



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