词汇 | example_english_criminal-law |
释义 | Examples of criminal lawThese examples are from corpora and from sources on the web. Any opinions in the examples do not represent the opinion of the Cambridge Dictionary editors or of Cambridge University Press or its licensors. In contrast to tax law, the criminallaw is there to prescribe modes of conduct that are not permissible. That issue is whether and why the criminallaw is different from other legal techniques to influence behavior. Another strand of argument supports this analysis: one concerning the censuring role of the criminallaw. This constraint is particularly apposite to the criminallaw. I do not mean to suggest that all criminallaw readily fits the injunction model. The absence of middle-class families from my sample reflects an equally longstanding rejection of recourse to criminallaw in middle-class legal cultures. Such intent relates to the act which is a violation of the criminallaw, which does not require the specific intent to violate the law. In contemporary criminallaw the personality of the perpetrator is being considered important; it is not the act but the actor which is given priority. In each instance, housemaids and footmen threaten to surprise and disclose their employers' violations of social code and criminallaw. Although the state might decide to criminalize hate speech, hate speech might be regulated without invoking the criminallaw. And if necessary the criminallaw must be invoked in the case of nonobservance of regulation. This view of punishment is distinct from the enlightened or scientific view that is often associated with the early nineteenth-century criminallaw reformers. Further, there may be reasons to accept limited judicial discretion to reinterpret the scope of the criminallaw to meet unanticipated circumstances. They also stress the responsibilities of legislators more broadly than their capacity to make criminallaw. But if we did, that would be most unlike what we do in the criminallaw ordinarily. To tackle the global problem of corruption international institutions and regional groupings look to criminallaw as a means of regulating human behaviour. Plausible arguments for deploying the criminallaw against such behavior can be made from grievance morality. It was not long before commentators were reflecting upon the horrific nature of the unreformed criminallaw. The final (missing) step is the premise that the criminallaw is just a vehicle for moral condemnation. But once rights are understood as dignity-based, intent makes all the difference, just as it does in basic common-law tort law or criminallaw. There is the claim, at the end, that the rules of criminallaw must be clear to nonlawyers (the "guidance view"). Accepting the general case for criminalizing mere offense will inevitably lead to restrictions on individuals' autonomy, especially because the criminallaw is so coarse-grained. It certainly affects their positions in the debate about the limits of the criminallaw, but it is a rather different dispute. Of these, eight18 see criminallaw as the vehicle for combating corruption. In the criminallaw, by contrast, that issue is either wholly ignored or shamelessly finessed. It is a theory traditionally associated with criminallaw. Injunctions may seem an unpromising model for the criminallaw. This is not a weakness of the criminallaw. The failure of that effort provides a platform for the exploration of moral complexities at the heart of the criminallaw. This concern with the common good reflects the thirteenth-century canonist language of criminallaw. This part canvasses a wide range of civil and criminallaw doctrines and practices that involve preemptive action to prevent dangerous conduct. In criminallaw, it is also the spoken medium of police investigations, prisons, and consultations among lawyers and between lawyers and their clients. My final example of preemption in the criminallaw is the justified use of force prior to the formal commencement of criminal proceedings. In this prospect, there is no more urgent measure than to lessen the severity of criminallaw. This is a lawyer's history, and on subjects such as criminallaw its tone is more often forgiving, or at least understanding, than critical. A plain example of the binding nature of a sanction on a law or rule of conduct is punishing someone for violating a criminallaw. The discussion of criminallaw emphasizes the way in which any concern for justice may fail to provide optimal deterrence of criminal activity. The criminallaw is being used in such cases as a means of applying pressure. The "guidance view" is misleading because its proponents fail properly to account for the moral complexity of the criminallaw. We can detect in this passage an equivocation over what is wrong with the criminallaw. A further difficulty, therefore, is the challenge that our analysis is simply a vehicle for enacting conventional moral norms through the criminallaw. The same structure of for ward-looking injunctions and backward-looking sanctions also informs the criminallaw more generally. Consequently, textbooks of criminallaw often start by differentiating between criminallaw and tort law. For example, according to criminallaw, those who organize the masses to attack state agencies can be sentenced to up to ten years in prison. It provides a generally illuminating and persuasive account of responsibility for acts and omissions in the criminallaw on the basis of threats to security. The priority thesis is close to the received view among criminallaw theorists. It is preventing such threats to security that is the function of the criminallaw. Personal sovereignty is broader in scope than antipaternalism as a constraint on acceptable criminallaw prohibitions. The principle at work here seems akin to the one that underlies the criminallaw doctrine of attempt. Some of the reasons he comes out as he does have to do with the peculiar way he applies some familiar criminallaw doctrines. Some criminallaw scholars, for example, think that a justification must be incorporated into the prima facie prohibition. It recognized that the criminallaw, as applied to temple dancing girls, could not be carried over into other contexts. Much of criminallaw can be read as an attempt to influence the goal module. They failed to see that basing contract and criminallaw on community feelings is going to be a frustrating business. It should not be thought that the findings and insights of neuroscience are of value only in the area of criminallaw and punishment. His concern is with what conduct may be forbidden and punished-the specific substance rather than the general form of the criminallaw. Political societies are entitled to deploy the criminallaw to prohibit and punish such wrongs. But it is rarely reflected in positive criminallaw. The "guidance view" is distracting because there are good and sufficient reasons to support an almost wholly legislated (positive) criminallaw without relying on it. Looking at injunctions lets us see the criminallaw as both more principled and more unified. Second, it shows how the criminallaw can sometimes be an appropriate response in cases in which people neither intend nor cause harm to others. In the same way, the criminallaw makes voluntar y compliance possible, rather than simply forcing people to behave in a certain way. But this leaves an important dimension of criminallaw undefended. Reformers argued that the state of the criminallaw was a key reflection of national humanity. But much of criminallaw is mala prohibita, and crimes that were once mala in se can be decriminalised altogether. We have seen, though, that adherents of the "guidance view" believe it to be the point of a legislated criminallaw to guide citizens. Nevertheless, whatever disagreements one might have with him on minor points of criminallaw doctrine, they do not affect the bottom-line conclusion he reaches. By the same token, benefit or likelihood of benefit to an individual which that very individual would not voluntarily seek never constitutes a good reason supporting criminallaw prohibition. We distinguish the task of criminallaw from the tasks of torts, property, or contracts law precisely in terms of this distinction between public and private wrongs. But given an adversarial system of criminallaw, this ideal might be best served in the courtroom by diligent efforts on her part to secure the acquittal of her client. The proper analogy in the criminallaw context would be a reckless act that we know will fail to cause the harm it risks and will actually produce a benefit. Personal sovereignty as just specified is a broader notion than antipaternalism if the latter is defined as a doctrine concerning the permissibility of criminallaw prohibition. His main concern is with offences against property: property crime, he contends convincingly, was a centrally important and culturally contested aspect of the criminallaw in this period. Middling sort juries, who were capable of exploiting their position to exercise independent authority in the criminallaw, could also use it to stake a claim to political authority. In 1866 a new criminallaw stated that women who did not heed police warnings and who continued to practise fornication would be sent to prison. A 1996 patients' rights law 1 pointedly excludes any mention of a patient's right to die with dignity, and criminallaw forbids any action that "accelerates" a patient's death. Nor does he give a full-blown account about which interests are "legitimate" such that they can rightfully be protected by the criminallaw from wrongful setbacks. The state finally turned to criminallaw as the only effective regulatory mechanism for these renegade small entrepreneurs who operated beyond the reach of government control and the concession system. These examples are from corpora and from sources on the web. Any opinions in the examples do not represent the opinion of the Cambridge Dictionary editors or of Cambridge University Press or its licensors. |
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