Victims' rights and victims' wrongs : comparative liability in criminal law /
Author / Creator: | Bergelson, Vera. |
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Imprint: | Stanford, Calif. : Stanford Law Books, c2009. |
Description: | x, 234 p. ; 24 cm. |
Language: | English |
Series: | Critical perspectives on crime and law |
Subject: | |
Format: | E-Resource Print Book |
URL for this record: | http://pi.lib.uchicago.edu/1001/cat/bib/7799649 |
Summary: | "Don't blame the victim" is a cornerstone maxim of Anglo-American jurisprudence, but should the law generally ignore a victim's behavior in determining a defendant's liability? Victims' Rights and Victims' Wrongs criticizes the current criminal law approach and outlines a more fair, coherent, and efficient set of rules to recognize that victims sometimes co-author their own losses or injuries. Evaluating a number of controversial cases involving euthanasia, sadomasochism, date rape, battered wives, and "innocent" aggressors, Vera Bergelson builds a theoretical foundation for reform. Her approach to comparative criminal liability takes into account the actions of both the perpetrator and the victim and offers a unitary explanation for consent, self-defense, and provocation. This innovative book supplies a practical and coherent mechanism for evaluating the impact of a victim's conduct on a perpetrator's liability in a variety of circumstances, including those that are now artificially excluded from comparative analysis. |
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Physical Description: | x, 234 p. ; 24 cm. |
Bibliography: | Includes bibliographical references and index. |
ISBN: | 9780804755382 (cloth : alk. paper) 0804755388 (cloth : alk. paper) 9780804755399 (pbk. : alk. paper) 0804755396 (pbk. : alk. paper) |