Journal Article

The Architecture of Homicide

Andrew Cornford

in Oxford Journal of Legal Studies

Volume 34, issue 4, pages 819-839
Published in print December 2014 | ISSN: 0143-6503
Published online October 2014 | e-ISSN: 1464-3820 | DOI: http://dx.doi.org/10.1093/ojls/gqu022
The Architecture of Homicide

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This review article examines Jeremy Horder’s proposals for reform of the law of homicide in his book Homicide and the Politics of Law Reform. It focuses on Horder’s defence of the Law Commission’s proposals for a three-tier structure of homicide offences, and the ‘moderate constructivist’ theory that he relies upon in mounting this defence. Horder’s theory, it is argued, fails to provide sound normative foundations for his preferred structure. However, a qualified defence is offered of another of Horder’s proposals: to give public opinion research a role in homicide reform. This would help to give substance to the principle of fair labelling in an area of the law where this principle is frequently invoked, but is also uncertain in its implications and force.

Keywords: homicide; fair labelling; correspondence principle; constructive liability; subjectivism

Journal Article.  10099 words. 

Subjects: Law ; Jurisprudence and Philosophy of Law ; Law and Society

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