10. Property offences

2019 ◽  
pp. 379-419
Author(s):  
Jeremy Horder
Keyword(s):  
Current Definition ◽  
Detailed Treatment ◽  
The Law ◽  
Definition Of ◽  
Property Holding ◽  
Property Offences ◽  
Stolen Goods

This chapter discusses property offences. These include theft, taking a conveyance without consent, robbery, blackmail, burglary, handling stolen goods, and criminal damage. Amongst these, the offence receiving the most detailed treatment is theft. The current definition of theft dates back to 1968, long before the time when it became possible to hold and transfer money and other items (such as photographs) electronically, and the courts have sought to interpret the law in such a way that in can meet this challenge. But, in seeking to modernize the law’s approach to new forms of property holding and transfer, has the definition become too wide?

8. Theft, Handling, and Robbery

Criminal Law ◽  
2020 ◽  
pp. 515-574
Author(s):  
Jonathan Herring
Keyword(s):  
Money Laundering ◽  
Covering Property ◽  
The Law ◽  
Property Offences ◽  
Stolen Goods

This chapter begins with a discussion of the law on theft, robbery, assault with intent to rob, handling stolen goods, and money laundering offences. The second part of the chapter focuses on the theory of theft, covering property offences; the debate over Gomez; the Hinks debate; temporary appropriation; dishonesty; robberies; and handling stolen goods.

The Jurisprudence of Unconscious Intent

1996 ◽  
Vol 24 (4) ◽  
pp. 511-580
Author(s):  
Daniel I. A. Cohen
Keyword(s):  
Civil Liability ◽  
Mental Process ◽  
The Unconscious ◽  
Current Definition ◽  
The Law ◽  
Unintentional Acts ◽  
Definition Of ◽  
Intentional Acts ◽  
Unconscious Mind

Intention is a most difficult and illusory mental process. It is our contention that the law would become more functional and less convoluted (while not decreasing injustice) by abandoning distinctions based on this unprofitable phantasm. To this end, we first offer a paradigmatic definition of intention against which we survey its philosophical meaning and explore its boundaries. We examine the possibility that seemingly unintentional acts are, in fact, generated by the deliberations of the unconscious mind. We explore the consequences of bringing the jurisprudential concept of intention into harmony with Freudian doctrine. This, we conclude, necessitates expanding criminal and civil liability for one's actions from those called intentional under the current definition to include also those actions intentionally generated by the unconscious mind. Whatever benefit there is to society in holding one liable for consciously intentional acts extends, correspondingly, to unconsciously intentional acts as well. We explain how this may be done in practice.

6. Property Offences

2020 ◽  
pp. 97-129
Author(s):  
Mischa Allen
Keyword(s):  
Criminal Law ◽  
Study Skills ◽  
Important Concept ◽  
Questions And Answers ◽  
The Law ◽  
Definition Of ◽  
Property Offences

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers, author commentary and advice on study skills. This chapter presents sample exam questions on theft, fraud, and other property offences such as robbery and burglary, along with suggested answers. The law of property is vast, and contained in a number of different pieces of legislation. As this chapter explains, the Fraud Act 2006 was designed to replace many of the discrepancies and inconsistencies in the diverse provisions of the Theft Acts of 1968 and 1978. It pays to be methodical in approaching property problems. Dishonesty is an important concept throughout the property offences. The recent decision in Ivey v Genting Casinos, which has an important effect on the definition of dishonesty in criminal law, is dealt with in detail in this chapter.

6. Property Offences

2018 ◽  
Author(s):  
Mischa Allen
Keyword(s):  
Criminal Law ◽  
Study Skills ◽  
Important Concept ◽  
Questions And Answers ◽  
The Law ◽  
Definition Of ◽  
Property Offences

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers, author commentary and advice on study skills. This chapter presents sample exam questions on theft, fraud, and other property offences such as robbery, burglary, along with suggested answers. The law of property is vast, and contained in a number of different pieces of legislation. As this chapter explains, the Fraud Act 2006 was designed to replace many of the discrepancies and inconsistencies in the diverse provisions of the Theft Acts of 1968 and 1978. It pays to be methodical in approaching property problems. Dishonesty is an important concept throughout the property offences. The recent decision in Ivey v Genting Casinos, which has an important effect on the definition of dishonesty in criminal law, is dealt with in detail in this chapter.

8. Theft, Handling, and Robbery

2018 ◽  
Author(s):  
Jonathan Herring
Keyword(s):  
Money Laundering ◽  
Covering Property ◽  
The Law ◽  
Property Offences ◽  
Stolen Goods

This chapter begins with a discussion of the law on theft, robbery, assault with intent to rob, handling stolen goods, and money laundering offences. The second part of the chapter focuses on the theory of theft, covering property offences; the debate over Gomez; the Hinks debate; temporary appropriation; dishonesty; robberies; and handling stolen goods.

scholarly journals What is a firm? A reply to Jean-Philippe Robé

2021 ◽  
pp. 1-11
Author(s):  
Simon Deakin ◽  
David Gindis ◽  
Geoffrey M. Hodgson
Keyword(s):  
Theory Of The Firm ◽  
Recent Book ◽  
Everyday Language ◽  
Modern Capitalism ◽  
Legal Foundations ◽  
Common Parlance ◽  
The Law ◽  
Business Entities ◽  
Definition Of ◽  
The Way

Abstract In his recent book on Property, Power and Politics, Jean-Philippe Robé makes a strong case for the need to understand the legal foundations of modern capitalism. He also insists that it is important to distinguish between firms and corporations. We agree. But Robé criticizes our definition of firms in terms of legally recognized capacities on the grounds that it does not take the distinction seriously enough. He argues that firms are not legally recognized as such, as the law only knows corporations. This argument, which is capable of different interpretations, leads to the bizarre result that corporations are not firms. Using etymological and other evidence, we show that firms are treated as legally constituted business entities in both common parlance and legal discourse. The way the law defines firms and corporations, while the product of a discourse which is in many ways distinct from everyday language, has such profound implications for the way firms operate in practice that no institutional theory of the firm worthy of the name can afford to ignore it.

Consent after the House of Lords: Taking and leading astray the Law of Theft

Legal Studies ◽  
1993 ◽  
Vol 13 (3) ◽  
pp. 308-322
Author(s):  
Mitchell C. Davies
Keyword(s):  
Criminal Law ◽  
House Of Lords ◽  
The Law ◽  
Definition Of ◽  
Specific Definition

The objectives of the Criminal Law Revision Committee when drafting the radical reforms proposed by the 1966 Theft Bill were described by a contemporary commentator2 as being: ‘. . . to do away with the more embarrassing and restrictive technicalities of the existing law . . .’In the same place it was observed that the Committee faced a choice between creating a specific definition of the various theft offences and their elements, or one whose generality would allow it to evolve to meet the challenges presented by ever more complex and sophisticated dishonest dealing.

Correction to a definition of negation

1984 ◽  
Vol 49 (1) ◽  
pp. 47-50 ◽  
Author(s):  
Frederic B. Fitch
Keyword(s):  
Fixed Point ◽  
Personal Communication ◽  
The Other ◽  
Transfinite Induction ◽  
Original Form ◽  
Basic Logic ◽  
Double Negation ◽  
Original Letter ◽  
The Law ◽  
Definition Of

In [3] a definition of negation was presented for the system K′ of extended basic logic [1], but it has since been shown by Peter Päppinghaus (personal communication) that this definition fails to give rise to the law of double negation as I claimed it did. The purpose of this note is to revise this defective definition in such a way that it clearly does give rise to the law of double negation, as well as to the other negation rules of K′.Although Päppinghaus's original letter to me was dated September 19, 1972, the matter has remained unresolved all this time. Only recently have I seen that there is a simple way to correct the definition. I am of course very grateful to Päppinghaus for pointing out my error in claiming to be able to derive the rule of double negation from the original form of the definition.The corrected definition will, as before, use fixed-point operators to give the effect of the required kind of transfinite induction, but this time a double transfinite induction will be used, somewhat like the double transfinite induction used in [5] to define simultaneously the theorems and antitheorems of system CΓ.

Zur Frage der doktrinellen Auslegung des Artikels 61 Pkt. 3 der Verfassung der Republik Kasachstan

2021 ◽  
Vol 67 (2) ◽  
pp. 133-144
Author(s):  
Ermek B. Abdrasulov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Legislative Process ◽  
Legal Norms ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
The Relationship ◽  
National Business

This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.

scholarly journals A Definition of Conditional Probability with Non-Stochastic Information

Entropy ◽  
2018 ◽  
Vol 20 (8) ◽  
pp. 572
Author(s):  
Pier Bissiri ◽  
Stephen Walker
Keyword(s):  
Conditional Probability ◽  
Loss Function ◽  
Current Definition ◽  
Definition Of

The current definition of a conditional probability enables one to update probabilities only on the basis of stochastic information. This paper provides a definition for conditional probability with non-stochastic information. The definition is derived by a set of axioms, where the information is connected to the outcome of interest via a loss function. An illustration is presented.

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