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Accessory liability is an often neglected but very important topic across all areas of private law. By providing a principled analytical framework for the law of accessories and identifying common themes and problems that arise in the law, this book provides much-needed clarity. It explains the fundamental concepts that are used to impose liability on accessories, particularly the conduct and mental elements of liability: 'involvement' in the primary wrong and (generally) knowledge. It also sets out in detail the specific rules and principles of liability as these operate in different areas of common law, equity and statute. A comparative study across common law and criminal law jurisdictions, including the United States, also sheds new light on what is and what is not accessory liability.
Book Synopsis Accessories in Private Law by : Joachim Dietrich
Download or read book Accessories in Private Law written by Joachim Dietrich and published by Cambridge University Press. This book was released on 2016-01-25 with total page 796 pages. Available in PDF, EPUB and Kindle. Book excerpt: Accessory liability is an often neglected but very important topic across all areas of private law. By providing a principled analytical framework for the law of accessories and identifying common themes and problems that arise in the law, this book provides much-needed clarity. It explains the fundamental concepts that are used to impose liability on accessories, particularly the conduct and mental elements of liability: 'involvement' in the primary wrong and (generally) knowledge. It also sets out in detail the specific rules and principles of liability as these operate in different areas of common law, equity and statute. A comparative study across common law and criminal law jurisdictions, including the United States, also sheds new light on what is and what is not accessory liability.
Accessory liability in the private law is of great importance. Claimants often bring claims against third parties who participate in wrongs. For example, the 'direct wrongdoer' may be insolvent, so a claimant might prefer a remedy against an accessory in order to obtain satisfactory redress. However, the law in this area has not received the attention it deserves. The criminal law recognises that any person who 'aids, abets, counsels or procures' any offence can be punished as an accessory, but the private law is more fragmented. One reason for this is a tendency to compartmentalise the law of obligations into discrete subjects, such as contract, trusts, tort and intellectual property. This book suggests that by looking across such boundaries in the private law, the nature and principles of accessory liability can be better understood and doctrinal confusion regarding the elements of liability, defences and remedies resolved. Winner of the Joint Second SLS Peter Birks Prize for Outstanding Legal Scholarship 2015.
Book Synopsis Accessory Liability by : Paul S Davies
Download or read book Accessory Liability written by Paul S Davies and published by Bloomsbury Publishing. This book was released on 2015-02-26 with total page 549 pages. Available in PDF, EPUB and Kindle. Book excerpt: Accessory liability in the private law is of great importance. Claimants often bring claims against third parties who participate in wrongs. For example, the 'direct wrongdoer' may be insolvent, so a claimant might prefer a remedy against an accessory in order to obtain satisfactory redress. However, the law in this area has not received the attention it deserves. The criminal law recognises that any person who 'aids, abets, counsels or procures' any offence can be punished as an accessory, but the private law is more fragmented. One reason for this is a tendency to compartmentalise the law of obligations into discrete subjects, such as contract, trusts, tort and intellectual property. This book suggests that by looking across such boundaries in the private law, the nature and principles of accessory liability can be better understood and doctrinal confusion regarding the elements of liability, defences and remedies resolved. Winner of the Joint Second SLS Peter Birks Prize for Outstanding Legal Scholarship 2015.
In R v Jogee [2016] UKSC 8, the UK Supreme Court fundamentally changed the law of accessorial liability when it decided that the principles of joint enterprise had been misinterpreted for over 30 years. The Court abolished the head of liability known as parasitic accessory liability and replaced it with (re-stated) principles of assisting and encouraging. The judgment, widely reported and hailed as a 'moment of genuine legal history', sent shock waves around England and Wales as well as other common law jurisdictions that still operate 'parasitic' or 'extended' joint enterprise principles, and raised the hopes of hundreds of prisoners here and elsewhere who had been convicted under joint enterprise. This collection examines Jogee, subsequent Court of Appeal decisions and case law from other jurisdictions that re-considered their own joint enterprise principles in the wake of Jogee. Its chapters are authored by scholars and practitioners, all experts in the area of complicity, but each with their own experiences and views on the issues under debate. The result is the first comprehensive analysis of the implications of Jogee. The present volume is not just a source of reference for academics and practitioners; its aim is more ambitious in that it seeks to chart the way forward and to suggest solutions to problems created by Jogee for criminal law theory and practice.
Book Synopsis Accessorial Liability after Jogee by : Beatrice Krebs
Download or read book Accessorial Liability after Jogee written by Beatrice Krebs and published by Bloomsbury Publishing. This book was released on 2020-01-09 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: In R v Jogee [2016] UKSC 8, the UK Supreme Court fundamentally changed the law of accessorial liability when it decided that the principles of joint enterprise had been misinterpreted for over 30 years. The Court abolished the head of liability known as parasitic accessory liability and replaced it with (re-stated) principles of assisting and encouraging. The judgment, widely reported and hailed as a 'moment of genuine legal history', sent shock waves around England and Wales as well as other common law jurisdictions that still operate 'parasitic' or 'extended' joint enterprise principles, and raised the hopes of hundreds of prisoners here and elsewhere who had been convicted under joint enterprise. This collection examines Jogee, subsequent Court of Appeal decisions and case law from other jurisdictions that re-considered their own joint enterprise principles in the wake of Jogee. Its chapters are authored by scholars and practitioners, all experts in the area of complicity, but each with their own experiences and views on the issues under debate. The result is the first comprehensive analysis of the implications of Jogee. The present volume is not just a source of reference for academics and practitioners; its aim is more ambitious in that it seeks to chart the way forward and to suggest solutions to problems created by Jogee for criminal law theory and practice.
Accessory liability in the private law is of great importance. Claimants often bring claims against third parties who participate in wrongs. For example, the 'direct wrongdoer' may be insolvent, so a claimant might prefer a remedy against an accessory in order to obtain satisfactory redress. However, the law in this area has not received the attention it deserves. The criminal law recognises that any person who 'aids, abets, counsels or procures' any offence can be punished as an accessory, but the private law is more fragmented. One reason for this is a tendency to compartmentalise the law of obligations into discrete subjects, such as contract, trusts, tort and intellectual property. This book suggests that by looking across such boundaries in the private law, the nature and principles of accessory liability can be better understood and doctrinal confusion regarding the elements of liability, defences and remedies resolved. Winner of the Joint Second SLS Peter Birks Prize for Outstanding Legal Scholarship 2015.
Book Synopsis Accessory Liability by : Paul S Davies
Download or read book Accessory Liability written by Paul S Davies and published by Bloomsbury Publishing. This book was released on 2015-02-26 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: Accessory liability in the private law is of great importance. Claimants often bring claims against third parties who participate in wrongs. For example, the 'direct wrongdoer' may be insolvent, so a claimant might prefer a remedy against an accessory in order to obtain satisfactory redress. However, the law in this area has not received the attention it deserves. The criminal law recognises that any person who 'aids, abets, counsels or procures' any offence can be punished as an accessory, but the private law is more fragmented. One reason for this is a tendency to compartmentalise the law of obligations into discrete subjects, such as contract, trusts, tort and intellectual property. This book suggests that by looking across such boundaries in the private law, the nature and principles of accessory liability can be better understood and doctrinal confusion regarding the elements of liability, defences and remedies resolved. Winner of the Joint Second SLS Peter Birks Prize for Outstanding Legal Scholarship 2015.
Book Synopsis Accessories in Private Law by : Joachim Dietrich
Download or read book Accessories in Private Law written by Joachim Dietrich and published by . This book was released on 2015 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt:
This volume continues the work of the Preparatory Commission of the International Criminal Court by developing ‘elements’ for ordering, instigating and aiding and abetting the commission of international crimes under Article 25(3)(b) and (c) of the Rome Statute.
Book Synopsis Elements of Accessorial Modes of Liability by : Sarah Finnin
Download or read book Elements of Accessorial Modes of Liability written by Sarah Finnin and published by Martinus Nijhoff Publishers. This book was released on 2012-08-27 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume continues the work of the Preparatory Commission of the International Criminal Court by developing ‘elements’ for ordering, instigating and aiding and abetting the commission of international crimes under Article 25(3)(b) and (c) of the Rome Statute.
In step with its rapid progress to the centre of modern social, political, and economic life, the internet has proven a convenient vehicle for the commission of unprecedented levels of copyright infringement. Given the virtually insurmountable obstacles to successful pursuit of actual perpetrators, it has become common for intermediaries –providers of internet-related infrastructure and services – to face liability as accessories. Despite advances in policy at the European level, the law in this area remains far from consistently applicable. This is the first book to locate and clarify the substantive rules of European intermediary accessory liability in copyright and to formulate harmonised European norms to govern this complicated topic. With a detailed comparative analysis of relevant regimes in three major Member State jurisdictions – England, France, and Germany – the author elucidates the relationship between these rules and the demands of EU law on fundamental rights and the principles of European tort law. She clearly presents the interrelations between such areas as the following: - accessory liability in tort; - joint tortfeasance; - European fault-based liability: fault, causation, defences; - negligence; - negligence balancing: rights-based or utility-based?; - Germany’s “disturbance liability” (Störerhaftung); - fair balance in human rights; - end-users’ fundamental rights; - The European Commission’s 2015 Communication on a Digital Single Market Strategy for Europe; - The E-Commerce Directive and other relevant provisions; - Safe harbours: mere conduit, caching, hosting; - Intermediary actions: monitoring, filtering, blocking, removal of infringing content; and - application of remedies: damages and injunctions. The strong points of each national system are highlighted, as are the commonalities between them, and the author uses these to build a proposed harmonised European framework for intermediary liability for copyright infringement. She concludes with suggestions for the future possible integration of the proposed framework into EU law. The issue of the liability of internet intermediaries for third party copyright infringement has entered into the political agenda across the globe, giving rise to one of the most complex, contentious, and fascinating debates in modern copyright law. This book offers an opportunity for a re-conceptualisation and rationalisation of the applicable law, in a way which additionally better accounts for the cross-border nature of the internet. It will be of inestimable value to many interested parties – lawyers, internet intermediaries, NGOs, policymakers, universities, libraries, researchers, lobbyists – in matters regarding the information society.
Book Synopsis European Intermediary Liability in Copyright: A Tort-Based Analysis by : Christina Angelopoulos
Download or read book European Intermediary Liability in Copyright: A Tort-Based Analysis written by Christina Angelopoulos and published by Kluwer Law International B.V.. This book was released on 2016-09-15 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: In step with its rapid progress to the centre of modern social, political, and economic life, the internet has proven a convenient vehicle for the commission of unprecedented levels of copyright infringement. Given the virtually insurmountable obstacles to successful pursuit of actual perpetrators, it has become common for intermediaries –providers of internet-related infrastructure and services – to face liability as accessories. Despite advances in policy at the European level, the law in this area remains far from consistently applicable. This is the first book to locate and clarify the substantive rules of European intermediary accessory liability in copyright and to formulate harmonised European norms to govern this complicated topic. With a detailed comparative analysis of relevant regimes in three major Member State jurisdictions – England, France, and Germany – the author elucidates the relationship between these rules and the demands of EU law on fundamental rights and the principles of European tort law. She clearly presents the interrelations between such areas as the following: - accessory liability in tort; - joint tortfeasance; - European fault-based liability: fault, causation, defences; - negligence; - negligence balancing: rights-based or utility-based?; - Germany’s “disturbance liability” (Störerhaftung); - fair balance in human rights; - end-users’ fundamental rights; - The European Commission’s 2015 Communication on a Digital Single Market Strategy for Europe; - The E-Commerce Directive and other relevant provisions; - Safe harbours: mere conduit, caching, hosting; - Intermediary actions: monitoring, filtering, blocking, removal of infringing content; and - application of remedies: damages and injunctions. The strong points of each national system are highlighted, as are the commonalities between them, and the author uses these to build a proposed harmonised European framework for intermediary liability for copyright infringement. She concludes with suggestions for the future possible integration of the proposed framework into EU law. The issue of the liability of internet intermediaries for third party copyright infringement has entered into the political agenda across the globe, giving rise to one of the most complex, contentious, and fascinating debates in modern copyright law. This book offers an opportunity for a re-conceptualisation and rationalisation of the applicable law, in a way which additionally better accounts for the cross-border nature of the internet. It will be of inestimable value to many interested parties – lawyers, internet intermediaries, NGOs, policymakers, universities, libraries, researchers, lobbyists – in matters regarding the information society.
Presently, many of the greatest debates and controversies in international criminal law concern modes of liability for international crimes. The state of the law is unclear, to the detriment of accountability for major crimes and of the uniformity of international criminal law. The present book aims at clarifying the state of the law and provides a thorough analysis of the jurisprudence of international courts and tribunals, as well as of the debates and the questions these debates have left open. Renowned international criminal law scholars analyze, in discrete chapters, the modes of liability one by one; for each mode they identify the main trends in the jurisprudence and the main points of controversy. An introduction addresses the cross-cutting issues, and a conclusion anticipates possible evolutions that we may see in the future. The research on which this book is based was undertaken with the Geneva Academy.
Book Synopsis Modes of Liability in International Criminal Law by : Jérôme de Hemptinne
Download or read book Modes of Liability in International Criminal Law written by Jérôme de Hemptinne and published by Cambridge University Press. This book was released on 2019-07-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presently, many of the greatest debates and controversies in international criminal law concern modes of liability for international crimes. The state of the law is unclear, to the detriment of accountability for major crimes and of the uniformity of international criminal law. The present book aims at clarifying the state of the law and provides a thorough analysis of the jurisprudence of international courts and tribunals, as well as of the debates and the questions these debates have left open. Renowned international criminal law scholars analyze, in discrete chapters, the modes of liability one by one; for each mode they identify the main trends in the jurisprudence and the main points of controversy. An introduction addresses the cross-cutting issues, and a conclusion anticipates possible evolutions that we may see in the future. The research on which this book is based was undertaken with the Geneva Academy.
This article considers how the common law, statutory and equitable rules of contribution apply to the liability of accessories for breaches of trust and fiduciary duty. It examines accessories' rights to contribution and the impact that releases and the proportionate liability legislation may have on those rights. It is argued that rules governing contribution between trustees should not be applied to accessories, and that a release of a trustee or fiduciary should not automatically operate to release an accessory from liability. Statutory reform is also called for to implement the contribution provisions of the Wrong Act 1958 (Vic) in all other states and territories, and to amend the proportionate liability legislation to exclude trustees, fiduciaries and accessories from its application.
Book Synopsis Accessory Liability and Contribution, Release and Apportionment by : Alison Gurr
Download or read book Accessory Liability and Contribution, Release and Apportionment written by Alison Gurr and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article considers how the common law, statutory and equitable rules of contribution apply to the liability of accessories for breaches of trust and fiduciary duty. It examines accessories' rights to contribution and the impact that releases and the proportionate liability legislation may have on those rights. It is argued that rules governing contribution between trustees should not be applied to accessories, and that a release of a trustee or fiduciary should not automatically operate to release an accessory from liability. Statutory reform is also called for to implement the contribution provisions of the Wrong Act 1958 (Vic) in all other states and territories, and to amend the proportionate liability legislation to exclude trustees, fiduciaries and accessories from its application.
From the Master and Servant legislation to the Factories Acts of the 19th century, the criminal law has always had a vital yet normatively complex role in the regulation of work relations. Even in its earliest forms, it operated both as a tool to repress collective organizations and enforce labour discipline, while policing the worst excesses of industrial capitalism. Recently, governments have begun to rediscover criminal law as a regulatory tool in a diverse set of areas related to labour law: 'modern slavery', penalizing irregular migrants, licensing regimes for labour market intermediaries, wage theft, supporting the enforcement of general labour standards, new forms of hybrid preventive orders, harassment at work, and industrial protest. This volume explores the political and regulatory dimensions of the new 'criminality at work' from a wide range of disciplinary perspectives, including labour law, immigration law, and health and safety regulations. The volume provides an overview of the regulatory terrain of 'criminality at work', exploring whether these different regulatory interventions represent politically legitimate uses of the criminal law. The book also examines whether these recent interventions constitute a new pattern of criminalization that operates in preventive mode and is based upon character and risk-based forms of culpability. The volume concludes by reflecting upon the general themes of 'criminality at work' comparatively, from Australian, Canadian, and US perspectives. Criminality at Work is a timely, rich and ambitious piece of scholarship that examines the many intersections between criminal law and work relations from a historical and contemporary vantage-point.
Book Synopsis Criminality at Work by : Alan Bogg
Download or read book Criminality at Work written by Alan Bogg and published by Oxford University Press. This book was released on 2020-03-12 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the Master and Servant legislation to the Factories Acts of the 19th century, the criminal law has always had a vital yet normatively complex role in the regulation of work relations. Even in its earliest forms, it operated both as a tool to repress collective organizations and enforce labour discipline, while policing the worst excesses of industrial capitalism. Recently, governments have begun to rediscover criminal law as a regulatory tool in a diverse set of areas related to labour law: 'modern slavery', penalizing irregular migrants, licensing regimes for labour market intermediaries, wage theft, supporting the enforcement of general labour standards, new forms of hybrid preventive orders, harassment at work, and industrial protest. This volume explores the political and regulatory dimensions of the new 'criminality at work' from a wide range of disciplinary perspectives, including labour law, immigration law, and health and safety regulations. The volume provides an overview of the regulatory terrain of 'criminality at work', exploring whether these different regulatory interventions represent politically legitimate uses of the criminal law. The book also examines whether these recent interventions constitute a new pattern of criminalization that operates in preventive mode and is based upon character and risk-based forms of culpability. The volume concludes by reflecting upon the general themes of 'criminality at work' comparatively, from Australian, Canadian, and US perspectives. Criminality at Work is a timely, rich and ambitious piece of scholarship that examines the many intersections between criminal law and work relations from a historical and contemporary vantage-point.
