With Malice Aforethought: A Study of the Crime and Punishment for Homicide [Hardcover]

Louis Blom Cooper (Author), Terence Morris (Author)

Book Description

ISBN-10: 1841134856 | ISBN-13: 978-1841134857 | Publication Date: October 1, 2004

For three centuries the criminal law has given rise to a divergent set of approaches to the crime of homicide. Whereas the law of murder has not fundamentally changed, the crime of manslaughter has resulted in some forms of homicide being visited with relatively minor penalties. These various categories of homicide present considerable problems relating to intention, or lack of it, and the culpability of those whose behavior, while lacking in evident malice, is characterized by the grossest recklessness. The reaction of the relatives of victims is simpler; they frequently find it impossible to distinguish between the moral culpability of a drunken or disqualified driver who kills and that of an offender who is convicted of a murder resulting from a drunken brawl. This book addresses the powerful and controversial arguments for the current distinctions between murder, manslaughter and other specific categories of crime to be abolished and subsumed within a single crime of culpable homicide. In the course of this analysis the book considers two issues of great contemporary importance: the phenomenon of corporate homicide, and the special problem which arises from establishing criminal intent and individual responsibility; and the question of the special defenses available to those charged with unlawful killing — particularly self-defense and provocation, where popular notions of what is reasonable are at variance with legal precedent. While this book considers criminal homicide in its social, historical and legal setting, it also goes far beyond in setting out the case for fundamental reform.

Editorial Reviews

Review

The arguments in this book have been well made, with an intimate knowledge of the territory and an understanding of the positions and motivations of the opposing forces...Bron McKillopCurrent Issues in Criminal Justice, Vol. 17, No. 2November 2005...a fascinating book that exposes the limitations of the current laws on homicide and makes a fascinating historical revelation that exposes the nature of contemporary public policy debate.Jamie BennettPrison Service JournalJanuary 2006Once in a while one has the signal pleasure of coming across a truly remarkable book, a book that serves as a pathway to enlightened thought on a subject and which makes plain the sheer joy of scholarship. With Malice Aforethought A Study of the Crime and Punishment for Homicide is such a book the authors have infused their book not only with the estimable erudition but also with the passion of the advocate who believes fundamentally in the cause being advancedAn arresting and rich tableau of arguments.Gilles Renaud, Cornwall, ONCanadian Journal of Criminology and Criminal JusticeMarch 2005This is an important book.Robert S ShielsJournal of the Law Society of ScotlandApril 2005

About the Author

Sir Louis Blom-Cooper QC is a member of the English bar,a well-known writer on a wide range of legal matters, and the distinguished chair of many commissions of inquiry.Terence Morris was for many years a Professor of Criminology at the London School of Economics and Political Science.

Product Details

• Hardcover: 204 pages
• Publisher: Hart Publishing (October 1, 2004)
• Language: English
• ISBN-10: 1841134856
• ISBN-13: 978-1841134857
• Product Dimensions: 9.2 x 6.2 x 0.8 inches
• Shipping Weight: 1.1 pounds (View shipping rates and policies)
• Amazon Best Sellers Rank: #4,240,951 in Books (See Top 100 in Books)

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