Suchergebnisse

The Criminal Justice and Immigration Act 2008 introduced the new offence of 'Possession of extreme pornographic images' (section 63) into English law. One aspect of the framework that section 63 uses to determine which images will fall within its scope is explicitly concerned with questions of morality: images must be deemed 'grossly offensive, disgusting or otherwise of an obscene character'. This article examines some of the justifications for, objections to, and implications of the inclusion of the moral component of section 63 and situates these arguments within long-standing debates about the relationship between law, sexuality and morality. Returning to the influential but much critiqued work of Patrick Devlin, it argues that the framework that section 63 offers for the moral evaluation of extreme images is an imperfect but appropriate method for determining the level of social toleration for the private possession of violent pornographic imagery. After considering some of the arguments made against the moral framework, and in favour of a harm-based approach, it concludes by arguing that the morality component offers both a practical way of evaluating images in relation to contemporary standards of obscenity and provides a protective mechanism for limiting the scope of the law's application.

Introduction -- 1. The causes and prevention of crime and deviancy -- 2. Why and how offenders are punished -- 3. The criminal justice process – an overview -- 4. How to conduct criminological research -- 5. Criminology sources -- 6. The presentation of written work -- 7. Studying criminology in higher education -- 8. Taking it further exercises -- Key terms in criminology and criminal justice policy -- Index.

Part 1. Introduction. Ch 1. Laying the Foundations ; Ch 2. The Origins and Historical Development of the Australian Legal System ; Ch 3. The Australian Legal System ; Ch 4. First Nations Australians and the Australian Legal System ; Ch 5. The Legal Profession and Professional Legal Practice and Ethics ; Ch 6. Going to Law: Legal Dispute Resolution Processes -- Part 2. Sources of law: Case law. Ch 7. Case Law and Precedent ; Ch 8. Precedent in Australian Courts -- Part 3. Sources of law: Legislation. Ch 9. Legislation ; Ch 10. Approaches to Interpretation of Legislation ; Ch 11. Extrinsic Aids to Interpretation of Legislation ; Ch 12. Interpretation of Legislation in Context ; Ch 13. Presumptions Used in the Interpretation of Legislation ; Ch 14. Statutory Obligations and Discretions ; Ch 15. Applying Legislation to Complex Problems -- Part 4. Legal research. Ch 16. Legal Research: Approaches and Steps ; Ch 17. Searching for Secondary Sources ; Ch 18. Searching for Case Law ; Ch 19. Searching for Legislation -- Part 5. Legal writing, study and exam skills. Ch 20. Legal Writing ; Ch 21. Referencing and Citation ; Ch 22. Study and Exam Skills -- Part 6. The essential legal toolkit. A. Court hierarchies ; B. Abbreviations of commonly used law reports ; C. A guide to law reports of courts ; D. Common legal abbreviations ; E. Commonly misspelt or misused words ; F. Glossary.

The subject matter of this paper is legal protection against administrative silence, i.e. non-performance of the administration. The first part of the paper explores the concept of administrative silence and presents two dominant models of administrative silence: the negative model and the positive model. The second part focuses on administrative proceedings dealing with administrative silence, with specific reference to statutory time limits pertaining to legal protection against administrative silence. The third part elaborates on the consequences and effects of initiated proceedings, including available legal options and solutions for resolving such disputes in the future. The fourth part provides an example of proceedings in an administrative silence case. In conclusion, the author sums up the key issues that are have to be addressed in order to improve the efficiency and effectiveness of proceedings in such cases. The problem of legal protection against administrative silence is surely not an important subject in the legal science but it certainly has a huge practical effect on the establishment of the legal system and citizens' trust in it.