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  • Positive Obligations in Criminal Law by Andrew Ashworth book cover
  • Positive Obligations in Criminal Law by Andrew Ashworth book cover
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Positive Obligations in Criminal Law

by Andrew Ashworth

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Duties to act and the boundaries of criminal law

$137.56 USD
$137.56 USD $137.56 USD

Hardcover New English

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AlbakiReads Editorial

Duties to act and the boundaries of criminal law

Andrew Ashworth brings together essays on positive obligations in criminal law, linking two questions: when individuals or organisations can be required to act, and what duties the state has to create criminal laws protecting individual rights. A new extended essay examines the moral and social foundations of criminalising omissions, while another addresses the state’s protective obligations. The volume also includes Ashworth’s earlier essay “Is the Criminal Law a Lost Cause?” Together, these pieces frame positive duties as a way to examine where criminal law’s boundaries lie and how obligations imposed on individuals relate to those assigned to the state.

Good fit for readers who enjoy

  • Readers studying criminal law and the limits of criminalisation.
  • Legal professionals or students interested in duties to act and omissions.
  • Readers exploring the relationship between individual rights and state obligations.

Themes

Positive obligations in criminal lawCriminalisation of omissionsIndividual and organisational dutiesState protection of individual rights

Based on publisher information and book metadata.

Book overview

This book offers a set of essays, old and new, examining the positive obligations of individuals and the state in matters of criminal law. The centrepiece is a new, extended essay on the criminalisation of omissions-examining the duties to act imposed on individuals and organisations by the criminal law, and assessing their moral and social foundations. Alongside this is another new essay on the state's positive obligations to put in place criminal laws to protect certain individual rights.

Introducing the volume is the author's much-cited essay on criminalisation, 'Is the Criminal Law a Lost Cause?'. The book sets out to shed new light on contemporary arguments about the proper boundaries of the criminal law, not least by exploring the justifications for imposing positive duties (reinforced by the criminal law) on individuals and their relation to the positive obligations of the state.

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