The Interpretation and Application of Criminal Law: a Casebook Study Approach

ISBN-10: 1481207466
ISBN-13: 9781481207461
Category: Law
Pages: 804
Language: English
Published: 2013-01-11
Author: O. Posse

Description

Why use a casebook to study law? A casebook is a type of textbook used by students in American law schools. Instead of presenting the legal doctrine in a particular area of law, a casebook uses real legal cases in which the law of a particular area was applied. It is then up to the student to read and to analyze the language of each case in order to determine the rule applied and how the court applied it. This is an important part of legal analysis. The teaching style based on casebook use is known as the casebook method and it is intended to show students how to "think like a lawyer." The casebook method is most often used in law schools in countries - such as the U.S. - with common law legal systems where case law is a major source of law. This casebook was designed to be easy to use and to provide ample coverage of modern criminal law. The focus is on teachability, rather than on an encyclopedic coverage of the field of criminal law. Thus, this casebook includes modern cases that reflect the current state of the law and older cases that help students understand and evaluate the modern approach. Using classic and modern criminal law cases is an excellent way to teach the common law foundations of criminal law and related statutory evolution. This casebook also offers a collection of the most important decisions on criminal law. The major emphasis is on what is usually referred to as the "general part" of the criminal law, such as mental state and act, responsibility, justification and excuse, inchoate crimes, and liability for the conduct of another. Finally, the cases selected for this book aim to provide a balance between criminal code and moral/social theory, by covering the traditional topics taught in Criminal Law (punishment; legality; proportionality; statutory interpretation; actus reus; mens rea; strict liability; mistake; causation; inchoate liability; accomplice liability, criminal law defenses; plus homicide and rape).

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