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Victims' Rights and Victims' Wrongs
Comparative Liability in Criminal Law

Vera Bergelson


248 pp.
ISBN: 9780804755382
Cloth $52.50
ISBN: 9780804772433
E-book $52.50

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Author Info

"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.

Vera Bergelson is Professor of Law and Robert E. Knowlton Scholar at Rutgers University.

Subject links:
    Law — Jurisprudence
    Law — Criminal Law
Series link:      Critical Perspectives on Crime and Law

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