Fine Lines And Distinctions

Written by two of the UK’s leading experts on the law of homicide. Contains new information and analysis. Suggests a radical new solution to the ‘mess’ which English homicide law has become. In this powerful account, the authors show that—from Sir Edward Coke’s classic common law definition of murder, through political fixes, poorly thought-out compromises and misguided legislative or Executive tinkering—the English law of homicide is in ‘a mess’. Even the most adept legal minds are faced with what has been described in Parliament as ‘fine lines and distinctions’. What must juries make of messy laws and how can anyone have confidence in criminal justice if laws affecting some of the most serious offences in the criminal calendar are deeply flawed? To make matters worse, the entire subject of homicide in England and Wales is further distorted by the existence of the mandatory life sentence for murder. Building on unrivalled knowledge, extensive research, close practical observation and incisive analysis, Professor Terence Morris and Sir Louis Blom-Cooper QC trace the development of the law of homicide from early times to the present day. They counter and dismantle specious arguments for preserving the status quo and point out that only root and branch reform of the basis of liability for homicide and its sentencing regime will serve to restore justice, fairness and political probity. Professor Terence Morris and Sir Louis Blom-Cooper QC are two of the UK’s leading experts on the law of homicide, having studied developments together for over 50 years. This has led them to recognise the extent of disquiet, especially following ‘particularly troubling cases’ and to conclude that the law of homicide in England and Wales is ‘an unsatisfactory law enveloped in a political fix’. Their suggestion of a replacement single offence of criminal homicide coupled with abolition of the mandatory life sentence for murder in favour of discretion at the sentencing stage demands close study by judges, lawyers, legislators, academics, penal reformers and anyone who senses that something is seriously amiss. 'This is no dry legal tome. The authors present their case in a bracing, persuasive and highly readable way... This is an important and stimulating work that should engage not just the legal practitioner, politician or law student but anyone concerned with our justice system or puzzled by the conduct and outcome of a murder trial': guardian.co.uk 'Fine Lines and Distinctions prompted me to pay more attention to and reflect further on those who have killed. Though its primary focus is the law - specifically a potentially significant improvement to the law - I also warmly recommend it to anyone interested in lifers': Independent Monitor 'This timely, provocative and certainly topical book puts forward a closely argued and well supported case for encouraging "a root and branch reform of the law of homicide" ... [and] provides ample evidence and ammunition to those who would agree that such a reform should be put in place as a matter of urgency': by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers.

Dave Benson is mystified and driven by death-bead visions and wishes of his dear mother. After her death he embarks upon what his partner Gary describes as “Dave’s Odyssey” – a journey that takes him from the Heartland of America to the South, and back into time. Dave encounters far more than he could have imagined, including the paranormal, extraordinary discoveries about his roots, family secrets, as well as coming to terms with identity and orientation. A Fine Line of Distinction: In Search of Roots is a work of historical fiction base, however, on the historical facts of six of the author’s wife’s ancestors who fought for the Confederacy, and two of his own ancestors who fought for the Union. In the novel and in history seven of the eight men converged at the Battle of Sharpsburg (Antietam) in September, 1862; five would survive, one would never admit it.

A most powerful commentary on the law of murder (and other unlawful killings), its history, modern-day development, wholesale deficiencies and unjust penal consequences.

Eviatar Zerubavel argues that most of the distinctions we make in our daily lives and in our culture are social constructs. He questions the notion that a clear line can be drawn to separate one time or object or concept from another, and presents witty and provocative counterexamples in defense of ambiguity and anomaly.

Addresses the issues faced by philanthropists seeking to engage in international charitable activities and offers alternative approaches to traditional US-based foundations.

Until recently, brains in vats and animals with partly-human brains have been the realm of science fiction, but recent research is making them real. In Disembodied Brains, John H. Evans examines the viewpoints of professional ethicists and scientists on the implications of these new technologies, and how those viewpoints contrast with the fearful intuitions of the general public.

This volume presents a leading contribution to the substantive arena relating to homicide in the criminal law. In broad terms, the ambit of homicide standardisations in extant law is contestable and opaque. This book provides a logical template to focus the debate. The overall concept addresses three specific elements within this arena, embracing an overarching synergy between them. This edifice engages in an examination of UK provisions, and in contrasting these provisions against alternative domestic jurisdictions as well as comparative contributions addressing a particularised research grid for content. The comparative chapters provide a wider background of how other legal systems treat a variety of specialised issues relating to homicide in the context of the criminal law. The debate in relation to homicide continues apace for academics, practitioners and within the criminal justice system. Having expert descriptions of the wider issues surrounding the particular discussion and of other legal systems’ approaches serves to stimulate and inform that debate. This collection will be a major source of reference for future discussion.