90 research outputs found

    Inducing breach of contract: one tort or two?

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    IT is said to be a tort for D intentionally to induce C to break C’s contract with P. Where this occurs, P has an action in tort against D, quite apart from P’s action for breach of contract against C. But the rationale for this tort is controversial, and its legitimacy has been doubted by a number of commentators

    Four functions of mens rea

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    Everyone agrees that mens rea is relevant to fault. The maxim actus non fit reus nisi mens sit rea has been around for centuries.1 According to foundational principles of the criminal law, it is normally not enough to support a conviction that D perpetrates the actus reus. Neither should it be. Causing harm to another person may be unfortunate, but the moral turpitude associated with a criminal conviction requires some element of fault. And to show that, we need mens rea

    Responsibility for Inadvertent Acts

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    Online Grooming and Preventive Justice

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    Urban space and the social control of incivilities: perceptions of space influencing the regulationof anti-social behaviour

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    Contemporary cities are increasingly governed through space. In this article,we examine how urban space and perceptions thereof can influence the social control inthe area of incivilities. To this end, we first inspect the existing literature, in particularthe socio-spatial studies that emphasise the importance of culture and values in theinteraction with social control. Partly drawing on examples from our previous studies,we suggest that people’s perceptions of urban space (influenced by cultural symbols,social and media representations, aesthetics and other values) affect their perceptions ofincivilities, while the latter often determine or at least importantly contribute to theshaping of the social control of incivilities. We further highlight the role of gentrifica-tion as a medium and a tool of social control. The paper concludes by discussingimplications of this for the possible future, more integrated and interdisciplinaryresearch on the social control of incivilities in the city

    Placing Blame: A Theory of Criminal Law.

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    On the Legitimate Objectives of Criminalisation

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    Prevention with a Moral Voice

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