Definition in the criminal lawPDF电子书下载

1. THE USE OF LEGAL MATERIALS 1

Introduction 1

The Resort to Principle 2

The Uses of Principle 6

(i) Principle as a weak formula of general but not universal application 6

(ii) Principle as the underlying rationale for requiring particular conduct 7

(iii) Principle as the expression of value rather than personal preference 9

(iv) Principle as a broad synthesising conception 10

The Search for Principle 11

Judicial and Other Functions 25

2. CRIMINAL LAW GOING CRITICAL 43

Introduction 43

Influences 44

Critical Legal Studies 44

Critical Theory 45

Postmodernism 47

The Critical and Criminal Premises 52

Visions of Society 56

Three Aspects of Disagreement 60

Critical Techniques 65

The Well-Formed Notion of Law 68

Conclusion 72

3. THE UNLEARNED LESSONS OF RECKLESSNESS 75

Introduction 75

The Caldwell-Cunningham Divide 78

Hardening a Definition in Elliott v C 82

Loosening the Direction in Reid 85

Wide Open Recklessness in Adomako 89

Back to Elliott v C with Coles？ 93

Reinforcement in Gemmell and Richards 96

And Abandonment in R v G 98

The Understanding of Mens Rea 102

Linking Recklessness to the Offence 107

Bringing in Morgan 110

Concluding Reflections 120

The Failings of Authority 121

A Different Approach 126

Remodelling Mens Rea 132

4. SOME PROBLEMS WITH THE DEFINITION OF THEFT 149

Introduction 149

The Test for Dishonesty 150

The Background 151

Statutory Amplification 151

The Case Law 153

Problems with the Test 155

Dishonesty in Practice 156

A Case Study：The Guinness Conundrum 159

Obvious and Not So Obvious Dishonesty 160

Possible Reforms 162

The Appropriate Appropriation 166

The Senses of Appropriation 169

A Rationale for the Dual Approach 171

The Change Made by Gornez 174

Remaining Problems 175

Concluding Remarks 181

5. DEFINITION IN THE CRIMINAL LAW 187

Bibliography 197

Index 211