Prior Fault Criminalization - Couverture rigide

Child, John J; Hunt, Adrian; Crombag, Hans S.

Couverture rigide

ISBN 10 : 0198838514 ISBN 13 : 9780198838517

Editeur : Oxford University Press, 2026

Synopsis

Prior Fault Criminalization is the first monograph exploring the contested concept of 'prior fault' and its articulation within criminal law offences and defences. The ambition of such rules may be stated simply: a defendant should not escape criminal sanction through an appeal to their own prior blameworthy conduct. Thus, for example, where a person puts themselves in a state of incapacity through drink or drugs, they should not be able to rely on that state to explain later 'mistakes' causing harm; or where a person manipulates another into attacking them, they should not be able to rely on that attack to justify force in 'defence'.

The book provides comprehensive coverage and critique of the manifestation of prior fault rules in the laws of England and Wales along with comparative examination of other common law and civil law jurisdictions. It reveals an expansive field of criminal rules characterised by incoherence, inconsistency, and unfairness-and a series of appeals to scientific and clinical assumptions that are wholly misconceived. The book identifies frameworks for theoretical reconstruction of such rules, drawing on findings from the extant psychological and neuroscientific literature as well as a set of original empirical studies to identify more robust markers of blame, which in turn inform doctrinal reform proposals for jurisdictions employing prior fault principles in their criminal law.

A propos du livre

À propos de l'auteur

John Child is a Professor of Criminal Law at Birmingham Law School, the University of Birmingham, specialising in criminal law theory and doctrine. John co-authors two leading criminal law textbooks: Simester and Sullivan's Criminal Law and Smith, Hogan and Ormerod's Essentials of Criminal Law. John is also the founder and co-Director of the Criminal Law Reform Now Network.



Adrian Hunt is an Honorary Associate Professor at Birmingham Law School, the University of Birmingham, where he previously worked as a member of academic staff. He has worked as a consultant for the Council of Europe and the OSCE and continues to publish widely in the field of criminal justice, criminal law, public law and human rights law.

Hans S. Crombag is Professor of Behavioural Neuroscience in the School of Psychology and Neuroscience at the University of Sussex. He researches and has published numerous articles on the neurobiological and psychological foundations of motivated action, with particular emphasis on the role of associative learning in motivation. His work also addresses the mechanisms underlying substance use and addiction, broader issues in mental health, and the implications, where any exist, of these findings for criminal law and justice.

Détails de l'édition

• Éditeur: Oxford University Press
• Date d'édition: 2026
• Langue: anglais
• ISBN 10: 0198838514
• ISBN 13: 9780198838517
• Reliure: Relié
• Nombre de pages: 288
• Coordonnées du fabricant: non disponible
• Personne responsable: Ufficio Anagrafiche Messaggerie; ufficio.anagrafiche@meli.it; ; Via Verdi, 8; Assago Milano; 20090; Italie