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This work provides a comprehensive treatment of the concept of criminal liability. Topics covered include the origins and development, elements and forms of criminal liability; the incidents of criminal fault; the architecture of criminal offences; the excuses and justifications offered as defences to a criminal charge; and the role of codification. Distinctive features include a strongly historical approach, attention to the underlying grammar of criminal liability, extensive use of comparative materials, both common law and civilian, and recourse to philosophical and psychological literature in the elucidation of key concepts.
The second edition brings the work fully up to date, incorporating the changes in legislation and case law that have accumulated in the more than 20 years since the first edition. The new edition also includes an assessment of the significance of Draft Criminal Code and Commentary, published in 2010, for the analysis of criminal liability and the more than 50 offences incorporated in it, as well as the extensive work of the Law Reform Commission on the substantive criminal law over the last two decades.
About the Authors
Finbarr McAuley is professor emeritus of law at University College Dublin. He was a member of the Law Reform Commission from 2000-2012 and chairman of the Criminal Law Codification Advisory Committee that produced Draft Criminal Code and Commentary in 2010. His research interests include criminal law in all its aspects and medieval canon law. He is a former editor of the Irish Jurist and has been visiting professor at the Universities of British Columbia, Cape Town, Catania, Hannover, Natal, Parma, Rome La Sapienza and Victoria.
Paul McCutcheon is professor of law at the University of Limerick. He was a member of the Expert Group on Criminal Law Codification from 2002-2004. He was Head of the School of Law from 2002-2007 and Academic Vice President of the University of Limerick from 2007-2017. His research interests include criminal law, comparative criminal law, codification, sports law and the Irish legal system. He has held visiting fellowships at the Australian National University and the Universities of Canterbury, Kansas, Malaya and Victoria.
Book Launch
A recording of the event at University of Limerick on 8 March 2023 to mark the publication of the second edition of Criminal Liability can be accessed here. The discussion starts at the 18-minute mark.
Table of Contents
Chapter 1: Origins and Development
Chapter 2: Advent of Codification
Chapter 3: Actus Reus
Chapter 4: Omissions
Chapter 5: Possession
Chapter 6: Causation
Chapter 7: Mens Rea
Chapter 8: Strict Liability
Chapter 9: Attributed Liability
Chapter 10: Relational Liability
Chapter 11: Participation
Chapter 12: Consent
Chapter 13: Mistake
Chapter 14: Intoxication
Chapter 15: Insanity
Chapter 16: Diminished Responsibility
Chapter 17: Legitimate Defence
Chapter 18: Necessity and Duress
Chapter 19: Provocation
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