Contents - Faculty of Law - University of Cambridge

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1. Types of theoretical analysis and the need for criminal theory; the concept of a crime, and the place of morality in thecriminal law.The Reach of the Criminal Law2. The Harm Principle and remote harms.3. Offensive conduct.4. Paternalistic prohibitions.Punishing the Convicted5. The general justification for punishment.6. Proportionality of sentence.7. Gauging the seriousness of crimes.8. Just punishment and social deprivation.Responsibility for Harms9. The voluntary act requirement.10. Liability for omissions.11. Causation and moral luck.Convictions and Culpability12. Character, capacity, and choice conceptions of culpability.13. The dilemmas of self-defence.14. Duress and Necessity.15. Mistakes.16. Provocation.READINGThere is no particular text for the course. Introductory reading might include:Criminal Law:The introductory chapters on general principles in Ashworth, Principles of Criminal Law (any ed)Simester and Sullivan, Criminal Law: Doctrine and Theory (3rd ed 2007) chs 1-4, 16-17 and 22Wilson, Criminal Law: Doctrine and Theory (any ed)Moral Philosophy and Criminal Law Theory:Alexander et al, Crime and Culpability: A Theory of Criminal Law (2009)Duff, Answering for Crime: Responsibility and Liability in the Criminal Law (2007)Gardner, Offences and Defences: Selected Essays in the Philosophy of Criminal Law (2007)Hart, Punishment and Responsibility (1968), esp chapters 2, 4-6, 8.Husak, Philosophy of Criminal Law (1987)Katz et al (eds), Foundations of Criminal Law (1999)Simester and Smith (eds), Harm and Culpability (1996)Singer (ed), A Companion to Ethics (1993)Coleman and Murphy. Philosophy of Law: An Introduction to Jurisprudence (1990) 67-82.Moore, Placing Blame (1997)Moore, Causation and Responsibility (2009)White, Grounds of Liability (1985)110
Criminalisation Theory:Feinberg, ‘The Classic Debate’ in Feinberg and Coleman, Philosophy of Law (6th ed 2000) 727-31.Feinberg, The Moral Limits of the Criminal Law (1984-88) vols 1-4.Husak, Overcriminalization: The Limits of the Criminal Law (2007)Moore, Act and Crime (1993). See also symposium thereon in (1994) U Pennsylvania L Rev.Punishment Theory:Duff and Garland (eds), A Reader on Punishment (1994), esp the first four articles.von Hirsch, Censure and Sanctions (1993) esp chapters 2-5 and epilogue.von Hirsch and Ashworth, Proportionate Sentencing: Exploring the Principles (2005)PAPER 35. HISTORY OF ENGLISH CIVIL AND CRIMINAL LAWGenerally candidates for this paper will have included a legal history course in their first degree studies, but it is notessential to have done so. Candidates without such a background are strongly advised to undertake some preliminaryreading and may seek advice from Dr NG Jones, Magdalene College. The course takes the form of a weekly seminar,and it is hoped that to some extent the coverage can be tailored to reflect the interests of the participants. Topics will beselected from the following areas, in the period up to 1750:1. The sources and literature of English law.2. The leading institutional and procedural developments in English law.3. The relationship between the common law and equitable, conciliar and civilian forms of justice in England.4. The history of substantive English law, both civil and criminal.This course does not include the history of constitutional law or international law.READINGIntroductory reading:Milsom, Historical Foundations of the Common Law (2nd ed)Baker, Introduction to English Legal History (4th ed)Further guidance on reading may be obtained from Dr Jones.PAPER 36. INTERNATIONAL INTELLECTUAL PROPERTY LAWThe course is designed for students who already have some acquaintance with intellectual property law at a nationallevel. Since regional and international arrangements in this field are an outgrowth of national laws, comparisons betweenapproaches in those laws will form an integral part of this course.1. General(a)(b)Historical development of International Intellectual Property.International institutions concerned with Intellectual Property:(i) World Intellectual Property Organisation and the conventions it administers;(ii) World Trade Organisation: dispute settlement and TRIPs;(iii) European Union and other regional bodies.111
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ContentsGeneral InformationOfficers
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Settlement of International Dispute
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Faculty AdministrationFaculty Offic
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The Faculty of LawLaw has been stud
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The LLM Degree. This degree is awar
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Opening Hours:Full Term: Monday to
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Rules Made by the Information Strat
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The Lauterpacht Centre for Internat
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Centre for Corporate and Commercial
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Cambridge Socio-Legal GroupThe Camb
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Dates of Faculty Board Meetings7 Oc
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Proceed with caution in reaching fo
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Faculty CommunicationEach year, the
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Law Tripos Part IA. A candidate for
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Prizes. The following prizes may be
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PAPER 2. CONSTITUTIONAL LAWA. The a
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Oliver, Constitutional Reform (2003
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Hedley, Tort (6th ed 2008)Weir, An
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3. Trusts and co-ownership: Concurr
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Brownlie, Principles of Internation
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Elliott, Constitutional Foundations
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Contract: covenant and debt; assump
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Statutes:Blackstone’s Statutes on
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For reference:Birks and Pretto (ed)
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Foster, EU Legislation (2010-2011)B
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PAPER 42. INTELLECTUAL PROPERTY1. I
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2. Property torts (conversion and t
Page 60 and 61: (iii)Causation4. Contracts in Engla
Page 62 and 63: Rawls, Political LiberalismRawls, J
Page 64 and 65: Rodger and McCulloch, The UK Compet
Page 66 and 67: Law Commission, Renting Homes: The
Page 68 and 69: Human Rights Case DigestHuman Right
Page 70 and 71: 3. Title at common law and in equit
Page 72 and 73: Exemption from Professional Examina
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Page 76 and 77: Form of Examination and Designation
Page 78 and 79: ‘Open Book’ Papers. Where a pap
Page 80 and 81: LLM : Syllabuses and Lists of Recom
Page 82 and 83: ased upon one or two leading cases,
Page 84 and 85: Goff and Jones, The Law of Restitut
Page 86 and 87: Butterworths’ Company Law Handboo
Page 88 and 89: 2. The EU’s system for human righ
Page 90 and 91: the context of environmental protec
Page 92 and 93: European Competition Law Review (EC
Page 94 and 95: Crawford, The Treatment of Combatan
Page 96 and 97: Douglas, The International Law of I
Page 98 and 99: Unger, Free Trade Reimagined (2007)
Page 100 and 101: 3. Sceptics and Critics I4. Sceptic
Page 102 and 103: The course provides an opportunity
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Page 106 and 107: Reiman, ‘Justice, Civilization, a
Page 108 and 109: Gardner, Introduction to the Law of
Page 112 and 113: 2. Specific fieldsTopics to be sele
Page 114 and 115: The LLM (one-year taught postgradua
Page 116 and 117: As part of the requirements for the
Page 118 and 119: Teaching Members of the Faculty of
Page 120 and 121: MC Elliott, MA, PhD (Cantab); St Ca
Page 122 and 123: RA Melikan, BA (Mich), JD, MA (Chi)
Page 124 and 125: BD Sloan, MA, LLM (Cantab); King’
Page 126 and 127: Law Teachers in the Department of L
Page 128 and 129: Murray Edwards College. Dr S Turenn
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Contents - Faculty of Law - University of Cambridge

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