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Rights in Criminal Law

Rights in Criminal Law

Studies on a New Paradigm in Criminal Law and Procedure

by Philipp-Alexander Hirsch and Elias Moser
Hardback
Publication Date: 06/02/2025

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This open access collection of 17 original essays is the first volume to provide an in-depth exploration of the potential of a rights-based approach to criminal law.

The book presents a comprehensive treatment of the role of rights in criminal law, ranging from a conceptual analysis and questions of justified criminalisation, to specific legal implications for substantive criminal law and criminal procedure.

The collection addresses the academic and practical questions that are related to individual entitlements protected by criminal law, including:
- Who currently holds and who should hold a right not to be wronged by others?
- Is it a violation of individual rights, rather than the infliction of harm, that constitutes a reason for criminalisation?
- Does the idea of criminal law as regulating interpersonal legal relations contradict its public character?

Furthermore, the collection provides a theoretical framework for the study of consent and sexual offences, investigates the background of ideas of restorative justice, and explores both the victim's and the offender's rights in prosecution and trial.

The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

ISBN:
9781509973477
9781509973477
Category:
Human rights & civil liberties law
Format:
Hardback
Publication Date:
06-02-2025
Language:
English
Publisher:
Bloomsbury Publishing PLC
Country of origin:
United Kingdom
Dimensions (mm):
233.93x155.96x25.4mm
Weight:
0.45kg

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