‘Don’t blame the victim’ is a cornerstone maxim of Anglo-American jurisprudence, but should the law generally ignore a victim’s behavior in determining a defendant’s liability? Victims’ Rights and Victims’ Wrongs criticizes the current criminal law approach and outlines a more fair, coherent, and efficient set of rules to recognize that victims sometimes co-author their own losses or injuries.
Evaluating a number of controversial cases involving euthanasia, sadomasochism, date rape, battered wives, and ‘innocent’ aggressors, Vera Bergelson builds a theoretical foundation for reform. Her approach to comparative criminal liability takes into account the actions of both the perpetrator and the victim and offers a unitary explanation for consent, self-defense, and provocation. This innovative book supplies a practical and coherent mechanism for evaluating the impact of a victim’s conduct on a perpetrator’s liability in a variety of circumstances, including those that are now artificially excluded from comparative analysis.
Giới thiệu về tác giả
Vera Bergelson is Professor of Law and Robert E. Knowlton Scholar at Rutgers University.
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