The realist novel and the modern criminal trial both came to fruition in the nineteenth century. Each places a premium on the author's or trial lawyer's ability to reconstruct reality, reflecting modernity's preoccupation with firsthand experience as the basis of epistemological authority. But by the early twentieth century experience had, as Walter Benjamin put it, 'fallen in value'. The modernist novel and the criminal trial of the period began taking cues from a kind of nonexperience – one that nullifies identity, subverts repetition and supplants presence with absence. Rex Ferguson examines how such nonexperience colours the overlapping relationship between law and literary modernism. Chapters on E. M. Forster's A Passage to India, Ford Madox Ford's The Good Soldier and Marcel Proust's In Search of Lost Time detail the development of a uniquely modern subjectivity, offering new critical insight to scholars and students of twentieth-century literature, cultural studies, and the history of law and philosophy.

Modern Criminal Law of Australia is a guide to interpreting and understanding statutory offence provisions in every Australian jurisdiction. It covers the common law, traditional code and model code systems, and includes examples from all states. This unique book provides students with the skills to practise law anywhere in Australia.

Considering a range of neglected material, this book provides a richer view of how crime and criminality were understood between the wars.

This book provides a clear, concise and highly accessible overview of the key aspects of criminal law doctrine as it applies in England and Wales. The content has been revised and updated, reflecting the constantly evolving nature of the subject.

During the second half of the nineteenth century and the first half of the twentieth, insurgencies erupted in imperial states and colonies around the world, including Britain’s. As Nicole Rizzuto shows, the writings of Ukrainian-born Joseph Conrad, Anglo-Irish Rebecca West, Jamaicans H. G. de Lisser and V. S. Reid, and Kenyan Ng gi wa Thiong’o testify to contested events in colonial modernity in ways that question premises underlying approaches in trauma and memory studies and invite us to reassess divisions and classifications in literary studies that generate such categories as modernist, colonial, postcolonial, national, and world literatures. Departing from tenets of modernist studies and from methods in the field of trauma and memory studies, Rizzuto contends that acute as well as chronic disruptions to imperial and national power and the legal and extra-legal responses they inspired shape the formal practices of literatures from the modernist, colonial, and postcolonial periods.

The Criminalization series arose from an interdisciplinary investigation into criminalization, focussing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications of offences? This, the fifth book in the series, offers a historical and conceptual account of the development of the modern criminal law in England and as it has spread to common law jurisdictions around the world. The book offers a historical perspective on the development of theories of criminalization. It shows how the emergence of theories of criminalization is inextricably linked to modern understandings of the criminal law as a conceptually distinct body of rules, and how this in turn has been shaped by the changing functions of criminal law as an instrument of government in the modern state. The book is structured in two main parts. The first traces the development of the modern law as a distinct, and conceptually distinct body of rules, looking in particular at ideas of jurisdiction, codification and responsibility. The second part then engages in detailed analysis of specific areas of criminal law, focusing on patterns of criminalization in relation to property, the person, and sexual conduct.

Foundational Texts in Modern Criminal Law presents essays in which scholars from various countries and legal systems engage critically with formative texts in criminal legal thought since Hobbes. It examines the emergence of a transnational canon of criminal law by documenting its intellectual and disciplinary history and provides a snapshot of contemporary work on criminal law within that historical and comparative context. Criminal law discourse has become, and will continue to become, more international and comparative, and in this sense global: the long-standing parochialism of criminal law scholarship and doctrine is giving way to a broad exploration of the foundations of modern criminal law. The present book advances this promising scholarly and doctrinal project by making available key texts, including several not previously available in English translation, from the common law and civil law traditions, accompanied by contributions from leading representatives of both systems.

Over the last twenty-five years the significance of criminal justice has dramatically changed. In a "post-modern" culture, criminal law serves more and more as a focal point in public morality. The "discovery" of the victim of crime can be seen as the marking point by which criminal justice got its central position in the maintenance of social order. It is the result of a general "victimalization" of today's morality. This ingenious book - according to Michael Tonry - combines insights from criminology, sociology and moral philosophy. It is especially inspired by the work of Richard Rorty, who stresses the sensibility for suffering as the major source of morality in post-modern times. It describes the arousal of attention for victims and the development of crime prevention. More specifically, it analyzes child sexual abuse and prostitution. This "illuminating" book will be an eye-opener for theorists in criminology and moral philosophy, but will also be an inspiring work for policy makers in the area of criminal justice.

The law holds up a mirror to society and reflects that society and its ongoing preoccupations. This book establishes legal interpretation as a mode of literary interpretation, contextualising the opinions and sociological background of literature within the context of the law of its period and examines the inherent role of the law in the construction of the narrative in the literature of the nineteenth century. From the approach to the operation of jurisprudence and legal application, to the prosecution of the poor, the criminological approach to moral panics and the use of the affirmative defence to mitigate women within society, this book explores the ways in which the authors of the period used the novel form as a way of challenging and critiquing the legal operating model of the world in which their characters found themselves; examining the way in which the authors of the period used the novel as a means of critiquing the nature of the role of the law within society, its impact upon the general public, and the reciprocity which exists between legal ideals and the society which manifests those ideals through thought and action. This is a useful text for students of nineteenth-century literature or the law.