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Books on the topic 'Provocation as a defence in English Law'

Author: Grafiati

Published: 4 June 2021

Last updated: 18 February 2022

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Consult the top 18 books for your research on the topic 'Provocation as a defence in English Law.'

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1

New Zealand. Law Commission. The partial defence of provocation. Wellington, N.Z: Law Commission, 2007.

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2

Tyson, Danielle. Sex, culpability, and the defence of provocation. Abingdon, Oxon [UK]: Routledge, 2012.

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3

Tyson, Danielle. Sex, culpability, and the defence of provocation. Abingdon, Oxon [UK]: Routledge, 2012.

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4

Fitz-Gibbon, Kate. Homicide Law Reform, Gender and the Provocation Defence. London: Palgrave Macmillan UK, 2014. http://dx.doi.org/10.1057/9781137357557.

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5

Nova Scotia Advisory Council on the Status of Women. Response to Department of Justice consultation paper on provocation, self-defence, and defence of property. Halifax: Nova Scotia Advisory Council on the Status of Women, 1998.

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6

Côté, Andrée. Stop excusing violence against women: NAWL's position paper on the defence of provocation. Ottawa: National Association of Women and the Law, 2000.

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7

Unrestrained killings and the law: A comparative analysis of the laws of provocation and excessive self-defence in India, England, and Australia. Delhi: Oxford University Press, 1998.

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8

To write in defence of the legal constitution: Nicholas Rowe, Jurist und Dramatiker, und die Anfänge des bürgerlichen Trauerspiels in England. Hildesheim: G. Olms, 1993.

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9

Sex, Culpability and the Defence of Provocation. Routledge-Cavendish, 2012.

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10

Sex Culpability and the Defence of Provocation. Taylor & Francis Group, 2012.

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11

Herring, Jonathan. 7. Homicide I. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198815150.003.0007.

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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses murder, arguably the most serious crime in English law. Murder is where D kills V, and D intends to kill or intends to cause grievous bodily harm (GBH). The most common criticism of the offence of murder is that the sentence is mandatory irrespective of whether the mens rea is the more serious form (intent to kill) or the less serious form (intent to cause GBH). There were three partial defences to murder under the Homicide Act 1957 (diminished responsibility, provocation, and suicide pact). There are three partial defences to murder under the Homicide Act 1957 as amended and the Coroners and Justice Act 2009; diminished responsibility, loss of self-control, and suicide pact. The chapter considers the first two in detail. These are partial defences because they result in a conviction for manslaughter rather than a full acquittal.

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12

Fitz-Gibbon, Kate. Homicide Law Reform, Gender and the Provocation Defence: A Comparative Perspective. Palgrave Macmillan, 2014.

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13

Fitz-Gibbon, Kate. Homicide Law Reform, Gender and the Provocation Defence: A Comparative Perspective. Palgrave Macmillan, 2014.

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14

Unrestrained Killings and the Law: Provocation and Excessive Self-Defence in India, England and Australia (Law in India). Oxford University Press, USA, 2003.

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15

William A, Schabas. Part 4 Composition and Administration of the Court: Composition et Administration de la Cour, Art.50 Official and working languages/Langues officielles et langues de travail. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198739777.003.0055.

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This chapter comments on Article 50 of the Rome Statute of the International Criminal Court. Article 50 sets out the official and working languages of the Court. The ‘official languages’ of the Court are Arabic, Chinese, English, French, Russian, and Spanish. The ‘working’ languages of the Court are English and French. In practice, it seems that the Court works largely in English. The Presidency may authorize one of the other four official languages to be used as a working language when the language is understood and spoken by the majority of those involved in a case before the Court and if any of the participants in the proceedings so requests, and more generally whenever the Prosecutor and the defence so request.

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16

Michael, Moser, and Bao Chiann. 1 Introduction to Arbitration in Hong Kong. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198712251.003.0001.

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This introductory chapter discusses the contributing factors that make Hong Kong a global arbitration centre that ‘meets or even exceeds all standards’ in the Chartered Institute of Arbitrators’ ten principles of an effective, efficient, and ‘safe’ seat of international arbitration. Hong Kong has long been at the forefront of international arbitration developments. It enjoys a high degree of autonomy (except in defence and foreign affairs) and retains a separate legal system from that of mainland China. Hong Kong’s legal system is based on the English common law and is guaranteed in Hong Kong’s constitutional instrument, the Basic Law. Furthermore, Hong Kong has a long tradition of upholding the rule of law and judicial independence, which are two key foundations for the city’s success as a global dispute resolution centre.

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17

David, Scorey QC, Geddes Richard, and Harris Chris. The Bermuda Form. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198754404.001.0001.

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The Bermuda Form, Interpretation and Dispute Resolution of Excess Liability Insurance, Second edition Providing analysis and interpretation on the construction of the Bermuda Form, this second edition also addresses the dispute resolution process and covers the legal and practical issues which arise in the international arbitration of large and complex disputes under it. The volume has been thoroughly revised to take into account the major changes in the governing New York law since the first edition, as well as significant English case law such as AstraZeneca v ACE & XL. This case has had major implications for the interpretation of issues such as the recoverability of defence costs, assertion, and proof of legal liability. The resulting trend towards brokers and insurers drafting endorsements intended to clarify intent, and the nature and efficacy of these endorsements, are also analysed in this edition. The implications for policyholders and insurers of the ACE Insurance Form 007 are also discussed at length. Providing analysis of disputes involving the Bermuda Form, particularly concerning arbitrations, this book gives access to an otherwise closed arena.

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18

Hill, Jonathan. 3. Foreign judgments. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198732297.003.0003.

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This chapter deals with the recognition of enforcement of foreign judgments by English courts. The crucial question is not whether foreign judgments should be recognised and enforced in England but which judgments should be recognised and enforced. There are, broadly speaking, two theories. The first is the theory of obligation, which is premised on the notion that if the original court assumed jurisdiction on a proper basis the court's judgment should prima facie be regarded as creating an obligation between the parties to the foreign proceedings which the English court ought to recognise and, where appropriate, enforce. The alternative theory is based on the idea of reciprocity: the courts of country X should recognise and enforce the judgments of country Y if, mutatis mutandis, the courts of country Y recognise and enforce the judgments of country X. Whichever theory is adopted, the recognition and enforcement of foreign judgments is limited by a range of defences which may be invoked by the party wishing to resist the judgment in question. It would be unrealistic to expect the English court to give effect to a foreign judgment which conflicts with fundamental notions of justice and fairness. So, the recognition and enforcement of foreign judgments is a two-stage process: Are the basic conditions for recognition or enforcement satisfied? If so, is there a defence by reason of which the foreign judgment should nevertheless not be recognised or enforced? The remainder of the chapter discusses the recognition and enforcement at common law; statutory regimes based on the common law; recognition and enforcement under the Brussels I Recast; and United Kingdom judgments.

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