9780199696796

Bringing together leading international scholars, this volume explores questions of principle and value in criminal law and criminal justice. The collected essays celebrate the scholarship of Andrew Ashworth, Vinerian Professor of English Law at the University of Oxford. Andrew Ashworth's influence upon criminal law, criminal justice, and punishment has been immense. This work celebrates that influence. Ashworth is renowned, not least, for hiscommitment to elaborating a body of principles and values that should underpin criminalization, the criminal process, and sentencing. The essays in this volume advance his project of exploring normative issues at the heart of criminal law and criminal justice. The contributing authors have written highly original essays examining issues and topics to which Ashworth has made a particular contribution.

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Lucia Zedner is Professor of Criminal Justice in the Faculty of Law and a member of the Centre for Criminology at the University of Oxford. She is currently the General Editor of the Oxford University Press monograph series Clarendon Studies in Criminology. With Andrew Ashworth, Professor Zedner is currently co-directing a three-year study of Preventive Justice generously funded by the Arts and Humanities Research Council. She is also Conjoint Professor at the Faculty of Law, University of New South Wales, Sydney, where she is a regular visitor.

Julian Roberts has been at Oxford since 2004. He works in the area of sentencing. His books include: Punishing Persistent Offenders; Principled Sentencing (with von Hirsch and Ashworth), and Mitigation and Aggravation at Sentencing. He currently holds a Leverhulme Major Fellowship for which he is conducting research upon the sentencing guidelines in England and Wales.

Andrew Ashworth: A Tribute, Foreword by Roger Hood
Editors' Introduction, Lucia Zedner and Julian Roberts
Part 1. Criminal Law
1. Ashworth on Principles, John Gardner
2. Principles, Policies, and Politics of Criminal Law, Nicola Lacey
3. Criminal Attempt, the Rule of Law, and Accountability in Criminal Law, Jeremy Horder
4. Presuming Innocence, R.A. Duff
5. Fair Labelling and Social Solidarity, Victor Tadros
6. Distraction and Negligence, Douglas Husak
7. On Justifications and Excuses, Andrew Simester
8. Years of Provocation, Followed by a Loss of Control, Barry Mitchell
Part 2. Criminal Process and Human Rights
9. Positive Obligations and Criminal Justice: Duties to Protect or Coerce?, Liora Lazarus
10. Exploring Entrapment, Mike Redmayne
11. Excluding Evidence as Protecting Constitutional or Human Rights?, Paul Roberts
12. Community Sanctions and European Human Rights Law, Dirk van Zyl Smit
13. A System of International Criminal Justice for Human Rights Violations: What is the General Justification for its Existence?, Andreas von Hirsch and Vivian Schorscher
Part 3. Sentencing
14. Equality Before the Law and Equal Impact of Sanctions: Doing Justice to Differences in Wealth and Employment Status, Kate Warner
15. Sentencing Women: Towards Gender Equality, Elaine Player
16. Proportionate Sentencing and the Rule of Law, Malcolm Thorburn
17. Concurrent and Consecutive Sentences Revisited, Martin Wasik
18. 'Wrongful' Acquittals and 'Unduly Lenient' Sentences - Misconceived Problems that Provoke Unjust Solutions, Michael Tonry

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Principles and Values in Criminal Law and Criminal Justice Essays in Honour of Andrew Ashworth

Principles and Values in Criminal Law and Criminal Justice Essays in Honour of Andrew Ashworth

0199696799

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