Positive Obligations in Criminal Law

This book offers a set of essays, old and new, examining the positive obligations of individuals and the state in matters of criminal law.

Positive Obligations in Criminal Law

Author: Andrew Ashworth

Publisher: A&C Black

ISBN: 1782253424

Page: 232

View: 861

This book offers a set of essays, old and new, examining the positive obligations of individuals and the state in matters of criminal law. The centrepiece is a new, extended essay on the criminalisation of omissions-examining the duties to act imposed on individuals and organisations by the criminal law, and assessing their moral and social foundations. Alongside this is another new essay on the state's positive obligations to put in place criminal laws to protect certain individual rights. Introducing the volume is the author's much-cited essay on criminalisation, 'Is the Criminal Law a Lost Cause?'. The book sets out to shed new light on contemporary arguments about the proper boundaries of the criminal law, not least by exploring the justifications for imposing positive duties (reinforced by the criminal law) on individuals and their relation to the positive obligations of the state.

The Development of Positive Obligations under the European Convention on Human Rights by the European Court of Human Rights

During the last thirty years the European Court of Human Rights has been developing,at an expanding pace, positive obligations under the European Convention.

The Development of Positive Obligations under the European Convention on Human Rights by the European Court of Human Rights

Author: Alastair Mowbray

Publisher: Bloomsbury Publishing

ISBN: 1847311938

Page: 255

View: 808

During the last thirty years the European Court of Human Rights has been developing,at an expanding pace, positive obligations under the European Convention. This monograph seeks to provide a critical analysis of the burgeoning case law concerning positive obligations, a topic which is relatively uncharted in the existing literature. Positive obligations require many different forms of action by member states, ranging from effectively investigating killings through to protecting peaceful demonstrators from violent attacks by their opponents. The contemporary significance of these obligations is graphically illustrated by the fact that it is the obligation upon states to provide fair trials to determine civil and criminal proceedings within a reasonable time that is the source of the overwhelming majority of complaints to the European Court in recent years. The study examines the legal bases and content of key positive obligations. Conclusions are then drawn concerning the reasons for the development of these obligations and areas of potential expansion are identified.

International Legal Materials

Accordingly , the applicant considered that the States had a positive obligation ,
inherent in Article 4 of the Convention , to adopt tangible criminal - law provisions
that would deter such offences , backed up by law - enforcement machinery for ...

International Legal Materials

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Regional Protection of Human Rights

Overall , the case law of the original and full - time Courts reveals that the positive
obligation embodied in Article 5 ( 4 ) has ... the positive obligations derived from
Article 6 we shall have to bear in mind the extent to which criminal proceedings ...

Regional Protection of Human Rights

Author: Dinah Shelton

Publisher: Oxford University Press, USA

ISBN:

Page: 1163

View: 582

"Regional Protection of Human Rights : Documentary Supplements is the accompanying volume to Regional Protection of Human Rights. It contains primary source documents on human rights regulations in Europe, Africa, and the Americas. These include the European Court of Human Rights, the Charter of the Organization of American States, and the African Charter on Human and Peoples' Rights. Access to these documents enables the reader to further understand and apply them to ever-changing global situations."--Back cover.

The Edinburgh law review

34 D . POSITIVE OBLIGATIONS AND ARTICLE 5 RE - EXAMINED The Court in
Storck also considered the scope of ... Although criminal law sanctions were in
place for unlawful detention , and civil compensation was payable , these did not
 ...

The Edinburgh law review

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Principles of Criminal Law

II REQUIREMENTS OF THE DEFENCE OF IMPOSSIBILITY For the defence to
succeed there must be ( 1 ) a positive obligation imposed by law , compliance
with which was ( 2 ) physically impossible ( 3 ) through no fault on the part of the ...

Principles of Criminal Law

Author: Jonathan M. Burchell

Publisher:

ISBN:

Page: 669

View: 984

Principles of Criminal Law

In life in general , however , there are powerful arguments for keeping to a
minimum the number of positive obligations on citizens that the criminal law
reinforces , 63 American Law Institute , Model Penal Code , s 2.01 ( 4 ) . many of
these ...

Principles of Criminal Law

Author: Andrew Ashworth

Publisher: Oxford University Press, USA

ISBN:

Page: 534

View: 969

This new edition of the popular and highly respected Criminal Law textbook, has been revised and completely updated to incorporate all developments in the field of criminal law since 1995. The criminal law is an increasingly complex and fascinating subject. The basic structure of this book on the subject has been retained, as has its emphasis on introducing the criminal law to students through the principles which lie behind, or should lie behind, it. Issues of principle and policyinvolved in the shaping of law as created by the legislature, courts, law reform bodies, and academic commentators are again dealt with. In this new edition greater emphasis is placed on the growing number of principles stemming from the European Convention on Human Rights. Specific attention is also paid to new developments in the law relating to complicity, provocation and other manslaughters, and to the defence of duress.

A Guide to Zimbabwean Criminal Law

2 . 6 Impossibility The law does not oblige people to perform duties which are
completely impossible to perform and thus it is a defence to a criminal charge that
it was impossible to perform the obligation in question . Requirements : 1 Positive
 ...

A Guide to Zimbabwean Criminal Law

Author: G. Feltoe

Publisher:

ISBN:

Page: 144

View: 554

South African Criminal Law and Procedure General principles of criminal law

II Requirements of the Defence of Impossibility For the defence to succeed there
must be ( 1 ) a positive obligation imposed by law , compliance with which was (
2 ) physically impossible ( 3 ) through no fault on the part of the accused . 1 .

South African Criminal Law and Procedure  General principles of criminal law

Author: E. M. Burchell

Publisher: Juta and Company Ltd

ISBN:

Page: 383

View: 809

South Africa's recent Bill of Rights has already started to exert an influence on the criminal justice system. This third edition of the text attempts to determine the extent these principles reflect or contradict the rights and freedoms embodied in South Africa's Constitution.

Journal of Criminal Law and Criminology

The relationship of husband and wife and that of parent and child placed the
defendant under a positive duty to interfere and his failure to do so was
tantamount to encouragement. He was therefore an accessory before the fact
and guilty of ...

Journal of Criminal Law and Criminology

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Criminal Law

The court felt there was no criminal act because of his inaction . A positive duty
may arise to another because of a special relationship between the actor and the
victim or because the actor has created a state of affairs that is dangerous .

Criminal Law

Author: Alan W. Mewett

Publisher: Butterworth-Heinemann

ISBN:

Page: 741

View: 944

Regulating Deviance

The Redirection of Criminalisation and the Futures of Criminal Law Bernadette
McSherry, Alan Norrie, Simon Bronitt ... 88 In recent years , however , a more
general ' doctrine of positive obligation ' has been developed by the European
Court ...

Regulating Deviance

Author: Bernadette McSherry

Publisher: Hart Publishing

ISBN:

Page: 313

View: 234

The criminal attacks that occurred in the U.S. on September 11, 2001, have profoundly altered and reshaped the priorities of criminal justice systems around the world. Domestic criminal law has become a vehicle for criminalizing 'new' terrorist offenses and other transnational forms of criminality. 'Preventative' detention regimes have come to the fore, balancing the scales in favor of security rather than individual liberty. These moves complement already existing shifts in criminal justice policies and ideologies brought about by adjusting to globalization, economic neo-liberalism, and the shift away from the post-war liberal welfare settlement. In Regulating Deviance, a collection of essays focuses on the future directions for the criminal law in the light of current concerns with state security and regulating 'deviant' behavior. The contributions come from leading scholars in the fields of criminal law and procedure, criminology, legal history, law and psychology, and the sociology of law. (Series: Onati International Series in Law and Society)

A Guide to the Criminal Law of Zimbabwe

The requirements for this defence are : • There must be a positive obligation
imposed by law , that is the person must be under a legal obligation to do a
particular act . This defence does not apply in respect of a law that prohibits a
certain act .

A Guide to the Criminal Law of Zimbabwe

Author: G. Feltoe

Publisher:

ISBN:

Page: 273

View: 377

The journal of criminal law

( emphasis supplied ) MC v Bulgaria establishes that the state ' s positive
obligation to protect juveniles from sexual abuse is founded on such an
individual ' s sexual autonomy . If sexual autonomy justifies the imposition of a
positive obligation ...

The journal of criminal law

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Buffalo criminal law review

Remarkably , Moore concedes that it is quite often a matter of moral permissibility
, rather than a positive obligation , for the president to grant or deny clemency ,
but she betrays no evident appreciation of the fact that this concession
completely ...

Buffalo criminal law review

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