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Book

Cover Concentrate Q&A Criminal Law
The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers, author commentary, and advice on study skills. This includes pitfalls to avoid in the caution sections; and tips for gaining extra marks in questions. Further reading is provided at the end of chapters. Concentrate Questions & Answers Criminal Law offers advice on what to expect in exams and how best to prepare. The book begins by looking at exam and study techniques and then moves on to consider the elements of a crime (including actus reus and mens rea), murder and manslaughter, non-fatal offences, and sexual offences. It then looks at a range of property offences, before exploring the defences in depth. The book concludes with a consideration of secondary participation and inchoate offences, a chapter on mixed questions, and a chapter on how to tackle coursework assessments.

Chapter

Cover Administrative Law

2. The rule of law and the rule of judges  

At common law, the judges will hold administrative conduct to be unlawful on any of three grounds: error of law (and certain sorts of error of fact), lack of due process, and the improper exercise of discretionary power. This chapter discusses how (and to what extent) the three grounds of judicial review are supported by constitutional principle. Each ground must be controlled by the principle of comity. The principle of comity requires judges to defer to administrative authorities on some issues, to some extent; the chapter explains the limits of deference and the difference—and the connections—between the rule of law and the rule of judges.

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Cover Mason and McCall Smith's Law and Medical Ethics

1. Introduction to Bioethics  

A. M. Farrell and E. S. Dove

This chapter is the first of two in this textbook that focus on bioethics. This chapter introduces the aims, scope, and methods of the applied field of bioethics, and of the wider discipline of ethics in which it is located. It explains why (bio)ethical analysis is an essential companion to legal scholarship when it comes thinking about ‘what should be done’ in health and medical contexts. This chapter takes the first steps in equipping the reader with the tools to engage in bioethical debate. It indicates the kinds of language used in these debates. And it emphasises the importance of reason-giving and conceptual clarity. Expanding on the theme of reason-giving, it explores some the places we might look for relevant and persuasive grounds to support our ethical claims. In doing so it highlights important distinctions between ethical claims, on one hand, and empirical observations, personal preferences and intuitions, community norms, and popular opinions, on the other. It looks briefly at the role of principles in bioethics, and the value of identifying context-responsive principles and priorities rather than relying on prescribed frameworks. It closes by introducing the idea of ‘interests’ and suggesting that identifying whose interests are affected, and how, are important steps in developing and defending our responses to ethical dilemmas.

Chapter

Cover A Practical Approach to Alternative Dispute Resolution

17. Reaching a Settlement  

This chapter focuses on key aspects of the final stage of the negotiation or mediation process: reaching a settlement. An agreement reached through mediation or negotiation is essentially a contract. As such, contractual principles will apply, and oral or email exchanges may be binding. To avoid problems, it is important to be clear about process. It is also necessary to check the coverage and detail of a potential settlement fully. A potential agreement may be undermined by a failure to agree detail as the settlement process goes forward, or due to tactics in the final stages. Ultimately, it is very important to finalize the terms of an agreement at the end of the settlement process, perhaps building in terms to assist enforcement or implementation.

Chapter

Cover International Human Rights Law

15. Sexual Orientation and Gender Identity  

Michael O’Flaherty

This chapter examines the human rights protections afforded to sexual and gender minorities. It shows that the jurisprudence focuses on issues of non-discrimination and privacy, and that important human rights protections can also be derived from the range of other civil, political, economic, social, and cultural human rights of general application. The chapter examines a recent exercise in the clarification of the application of human rights law concerning issues of sexual orientation, gender identity, and sex characteristics: the Yogyakarta Principles.

Chapter

Cover Cases & Materials on International Law

8. Jurisdictional Sovereignty  

A State’s administrative, judicial, executive and legislative activity is part of the exercise of its sovereignty, sometimes known as its jurisdictional sovereignty. This chapter examines the objects of a State’s jurisdictional sovereignty (both natural and legal persons) and the circumstances in which it may be exercised. It considers the general principles of jurisdiction; grounds for the assertion of jurisdiction by national courts; and state jurisdiction and persons apprehended in violation of international law.

Chapter

Cover McCoubrey & White's Textbook on Jurisprudence

6. Post-Hart Analytical Philosophy of Law: Dworkin and Raz  

J. E. Penner and E. Melissaris

This chapter explores the main currents in legal philosophy following Hart, focusing on the work of Dworkin and Raz. It begins with overviews of the philosophies of law of Dworkin and Raz. The chapter then discusses Dworkin and Raz on rules and principles; Dworkin’s theory of law; whether lawyers are moral philosophers; Raz and the authority of law; and the impact of the work of Dworkin and Raz.

Chapter

Cover EU Law

5. Instruments and the Hierarchy of Norms  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter examines two related issues: the EU’s legal and non-legal instruments; and the hierarchy of norms. The EU has a number of legal and non-legal instruments that are used to attain Union objectives. The principal legal instruments are regulations, directives, and decisions. The hierarchy of norms refers to the idea that in a legal system there will be a vertical ordering of legal acts, with those in the lower rungs of the hierarchy being subject to legal acts of a higher status. There are currently five principal tiers to the hierarchy of norms in EU law, which are, in descending order: the constituent Treaties and Charter of Rights; general principles of law; legislative acts; delegated acts; and implementing acts. The chapter discusses the meaning of these different tiers. The UK version contains a further section analysing issues concerning the hierarchy of norms in relation to the UK post-Brexit.

Chapter

Cover EU Law

5. Instruments and the Hierarchy of Norms  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter examines two related issues: the EU’s legal and non-legal instruments; and the hierarchy of norms. The EU has a number of legal and non-legal instruments that are used to attain Union objectives. The principal legal instruments are regulations, directives, and decisions. The hierarchy of norms refers to the idea that in a legal system there will be a vertical ordering of legal acts, with those in the lower rungs of the hierarchy being subject to legal acts of a higher status. There are currently five principal tiers to the hierarchy of norms in EU law, which are, in descending order: the constituent Treaties and Charter of Rights; general principles of law; legislative acts; delegated acts; and implementing acts. The chapter discusses the meaning of these different tiers. The UK version contains a further section analysing issues concerning the hierarchy of norms in relation to the UK post-Brexit.

Chapter

Cover The Oxford Handbook of Criminology

2. Criminalization: Historical, legal, and criminological perspectives  

Nicola Lacey and Lucia Zedner

This chapter examines the relationship between legal and criminological constructions of crime and explores how these have changed over time. The chapter sets out the conceptual framework of criminalization within which the two dominant constructions of crime—legal and criminological—are situated. It considers their respective contributions and the close relationship between criminal law and criminal justice. Using the framework of criminalization, the chapter considers the historical contingency of crime by examining its development over the past 300 years. It analyses the normative building blocks of contemporary criminal law to explain how crime is constructed in England and Wales today and it explores some of the most important recent developments in formal criminalization in England and Wales, not least the shifting boundaries and striking expansion of criminal liability. Finally, it considers the valuable contributions made by criminology to understanding the scope of, and limits on, criminalization.

Chapter

Cover Complete Contract Law

1. Introduction to the Study of Contract Law  

This introductory chapter provides an overview of contract law and its application. A contract is an agreement made with intention that it will be legally enforceable. Contract law concerns issues regarding the formation of contracts; the sources, interpretation, and regulation of terms; when a breach takes place and the resulting consequences; and ways to escape a contract through vitiating factors, mistake, or frustration. The parties’ intentions are determined using an objective approach based on the standard of the reasonable person. A lot of contract law can be understood as default rules to apply when the parties have not been clear enough about their intentions. The law of contract also concerns foundational principles and mainly consists of common law rules. Many cases still give effect to the values of the classical model, which is based on the freedom and sanctity of contract, and a view that contracting parties are self-interested. The most significant recent development away from the classical model is the recognition of relational contracts and an implied obligation to act in good faith.

Chapter

Cover Ashworth's Principles of Criminal Law

4. Criminal Law Fabric  

This chapter analyses the fabric of criminal law—rules, standards, and principles—giving examples of how each of these are used to construct the criminal law. A particular highlight, in the discussion of rules, is the importance of secondary legislation in creating offences, especially offences regulating business activity. The chapter also considers the values that the criminal law should respect, such as human rights, moral autonomy, and lifestyle autonomy. To that end, the chapter explains the harm principle, and the arguments for and against punishing ‘immoral’ behaviour. There is also an analysis of important principles of criminal offence construction and interpretation, such as the principle of strict construction and the authoritarian principle.

Chapter

Cover Business Law

2. The English Legal system, Constitution, and Human Rights  

This chapter, in discussing the English legal system and its features, begins by outlining what the law is and some important constitutional principles. The discussion is primarily based on the institutions and personnel involved in the practice and administration of justice. It therefore involves a description and evaluation of the courts, tribunals, and the judiciary, including their powers and the rationale for such authority, as well as the mechanisms of control and accountability. The aim of this chapter is to demonstrate how the mechanisms of the justice system work. The English legal system exists to determine the institutions and bodies that create and administer a just system of law. It should be noted here that the UK does, in fact, possess a written constitution, it is merely uncodified.

Book

Cover Smith, Hogan, & Ormerod's Text, Cases, & Materials on Criminal Law
Smith, Hogan, and Ormerod’s Criminal Law: Text, Cases, and Materials is a guide to the criminal law. The text is supplemented by extracts from the key criminal law cases, together with other essential materials from statutes, reports, and articles. This edition has been significantly revised and restructured to present the materials in an order that closely matches the structure of contemporary courses on criminal law. The latest legislation and all of the recent cases that continue to shape the law are included. The book has, from the first edition, examined all the aspects of the criminal law that would be expected to be found in the undergraduate syllabus, and has been revised and restructured to ensure that this latest edition reflects the modern undergraduate course.

Chapter

Cover Family Law

4. Financial Provision on Divorce  

One of the main issues that the parties need to consider when a marriage or civil partnership ends is the financial consequences of the divorce, dissolution, or judicial separation. Amongst other things, they need to consider where they are going to live and what money they need to live on in the future. Their current assets will need to be evaluated and divided accordingly. The parties do not always agree on how to do this. Whatever they decide, the court has to approve of the decision. The chapter looks at the courts' powers, the legal principles they apply, the practical implications, and the problems that may arise in financial remedy practice. A number of different scenarios are used to help with this analysis.

Chapter

Cover Essential Cases: EU Law

Internationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle für Getreide und Futtermittel (Case 11/70), EU:C:1970:114, [1970] ECR 1125, 17 December 1970  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Internationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle für Getreide und Futtermittel (Case 11/70), EU:C:1970:114, [1970] ECR 1125, 17 December 1970. The document also includes supporting commentary from author Noreen O'Meara.

Chapter

Cover Essential Cases: EU Law

Internationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle für Getreide und Futtermittel (Case 11/70), EU:C:1970:114, [1970] ECR 1125, 17 December 1970  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Internationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle für Getreide und Futtermittel (Case 11/70), EU:C:1970:114, [1970] ECR 1125, 17 December 1970. The document also includes supporting commentary from author Noreen O’Meara.

Chapter

Cover The Oxford Textbook on Criminology

32. Conducting criminological research  

This chapter focuses on the process of conducting criminological research. Regardless of the size of the research, the same key principles and elements apply. The chapter begins by looking at how to choose a research or dissertation topic and how to conduct the necessary academic reading in this area and decide on an appropriate research methodology for that topic. It then considers how the project can be effectively planned and organised, and provides some advice on writing up the research and demonstrating critical thinking. Finally, the chapter identifies the fundamental ethical principles for conducting research: encouraging engagement with ethical thinking that goes further than a tick on a box of a dissertation proposal. These steps will develop the research experience and skills necessary for the ‘next step’ of continuing higher education or progressing into employment.

Chapter

Cover Environmental Law

8. Principle and Policy  

This chapter concerns two key concepts of environmental law: environmental principles and environmental policy. Both concepts are well known to those who study and practise UK and EU law, but that familiarity can be deceiving when it comes to understanding their role in environmental law, because both principles and policy perform important, distinctive, and evolving functions. Environmental principles are highly symbolic ideas of environmental policy that have been developing prominent roles in environmental law globally, including in EU environmental law. Environmental policy is often implicated in environmental law regimes because of the need to respond quickly to changing circumstances and provide detailed and technical guidance in complex policy areas. Determining the legal implications of extensive reliance on policy in environmental law is thus important. Exploring both these distinctive legal features of environmental law—principle and policy—helps to elucidate different aspects of environmental law as a subject, interrogating the jurisprudential nature of environmental law and revealing key characteristics of its developing doctrine.

Chapter

Cover Information Technology Law

7. Sectoral aspects of data protection  

This chapter considers the application of data protection principles within the media and electronic communications sectors. In both areas, the operation of data protection principles has been contentious. Data protection issues are principally concerned with the application of what might be regarded as ‘traditional’ data protection principles in the context of activities where different priorities might legitimately be identified. In some respects, media processing might be compared with law enforcement agencies. Digging out the truth about the unsavoury activities of powerful elements in society might well require the use of tactics and techniques that would be regarded as unfair in more general contexts.