ABSTRACT

This volume presents a comparative examination of the issue of fault in criminal law. Extant law reveals significant problems in adoption of consistent approaches to doctrinal and theoretical underpinnings of fault liability and culpability thresholds in criminal law. This has been exemplified by a plethora of recent jurisprudential authorities revealing varying degrees of confusion and vacillation. This collection focuses on fault liability for inculpation with contributions from leading specialists from different jurisdictions presenting alternative perspectives. The book addresses three specific elements within the arena of fault, embracing an overarching synergy between them. This structure facilitates an examination of UK provisions, with specialist contributions on domestic law, and in contrasting these provisions against alternative domestic jurisdictions as well as comparative contributions addressing a particularised research grid for content. The comparative chapters provide a wider background of how other legal systems treat a variety of specialised issues relating to fault elements in the context of the criminal law. With contributions from leading experts in the field, the book will be an invaluable resource for researchers, academics, and practitioners working in this area.

part |160 pages

Part 1

chapter 2|14 pages

Defining Fault in Loss of Control

Determining Culpability Through Excuse Theory

chapter 3|23 pages

Strict Liability Crimes

The Contours of Liability and Crimogenic Impact

chapter 5|27 pages

Understanding the ‘Fault’ in Prior-Fault Intoxication

Insights From Behavioural Neuroscience

chapter 6|19 pages

Ages of Consent and Responsibility in Criminal Law

Should They Be the Same?

chapter 8|18 pages

‘Crimes of Passion’

Emotion, Fault, and the Criminal Law

part |166 pages

Part 2

chapter 9|20 pages

Germany

chapter 10|21 pages

Australia

chapter 11|33 pages

The United States of America

chapter 12|21 pages

Russia

chapter 13|24 pages

Islamic Law

chapter 14|22 pages

Africa

chapter 15|23 pages

China