Criminal Law: The General Part

Carlson Anyangwe

Description

This is a comprehensive, insightful, lucid, intense and unrivalled text on the general part of the criminal law in Cameroon. Beginning with an account of the historical development of the criminal law generally, the author proceeds to analyse and discuss in detail the principles governing application of the criminal law, criminal responsibility, participation in crime, penalties, and sentencing. These principles are broadly the same in other jurisdictions. The book balances theoretical content with case-law illustrations to enhance readability, comprehension and assimilation. It is an invaluable source and essential reading for law students and teachers, and lawyers in private practice and government service.

Sujets

• Law

Informations

• Publié par: Langaa RPCIG
• Date de parution: 23 septembre 2015
• Nombre de lectures: 10
• EAN13: 9789956762675
• Langue: English
• Poids de l'ouvrage: 6 Mo

Extrait

CRIMINAL LAW
Carlson Anyangwe
THE GENERAL PART
“This book fully complements Professor Carlson Anyangwe’s earlier book, Criminal
Law in Cameroon-Specifi c Offences (2011). From an author who is incontrovertibly the leading Cameroon legal scholar with a rock-solid reputation for accuracy
and reliability, it has a lot to commend. Exceptionally detailed, thorough and
thoughtful, the author’s simple but engaging and lively writing style and clarity of THE GENERAL PARTexpression guides the reader through complex details without any feeling of being
overwhelmed. The book takes the reader through the historical development of
criminal law generally, its reception in Cameroon and navigates with ease through
topics such as its application, criminal responsibility, participation in crime and
criminal disposition in a sublime manner that is accessible not only to experts,
particularly comparatists interested in Cameroon’s bi-jural system, but also even Carlson Anyangwe
the novice. This and the earlier book, without doubt, provide the defi nitive and most
authoritative work on modern criminal law in Cameroon.”
PROFESSOR CHARLES MANGA FOMBAD,
INSTITUTE FOR INTERNATIONAL AND COMPARATIVE LAW IN AFRICA,
UNIVERSITY OF PRETORIA, SOUTH AFRICA
This is a comprehensive, insightful, lucid, intense and unrivalled text on the general
part of the criminal law in Cameroon. Beginning with an account of the historical
development of the criminal law generally, the author proceeds to analyse and
discuss in detail the principles governing application of the criminal law, criminal
responsibility, participation in crime, penalties, and sentencing. These principles
are broadly the same in other jurisdictions. The book balances theoretical content
with case-law illustrations to enhance readability, comprehension and assimilation.
It is an invaluable source and essential reading for law students and teachers, and
lawyers in private practice and government service.
CARLSON ANYANGWE is a graduate of London University, Professor of Laws, and
currently the Rector, Butterworth Campus, Walter Sisulu South Africa. He is a
Member of the African Human Rights Commission’s Working Group of Experts on the Death
Penalty and Extrajudicial, Summary or Arbitrary Killings in Africa. His recent law titles
include: Introduction to Human Rights and International Humanitarian Law (2004); An
Outline of the Study of Jurisprudence (2005); Human Rights Law in Zambia – Documents,
Cases and Materials (two volumes) (2006); Criminal Law in Cameroon – Specifi c Offences
(2011); and Revolutionary Overthrow of Constitutional Orders in Africa (2012). He is a rated
researcher of the National Research Foundation (NRF) of South Africa.
Langaa Research & Publishing
Common Initiative Group
P.O. Box 902 Mankon
Bamenda
North West Region
Cameroon

CRIMINAL LAW
THE GENERAL PART






Carlson Anyangwe





























Langaa Research & Publishing CIG
Mankon, BamendaPublisher:
Langaa RPCIG
Langaa Research & Publishing Common Initiative Group
P.O. Box 902 Mankon
Bamenda
North West Region
Cameroon
[e-mail]
www.langaa-rpcig.net



Distributed in and outside N. America by African Books Collective
[e-mail]
www.africanbookscollective.com





ISBN: 9956-762-78-4

© Carlson Anyangwe 2015


All rights reserved.
No part of this book may be reproduced or transmitted in any form or by any means,
mechanical or electronic, including photocopying and recording, or be stored in any
information storage or retrieval system, without written permission from the publisher


Table of Contents


Table of Cases………………………………………………………….. xiii
Table of Instruments……………………………………………………. xxvii
Preface………………………………………………………………….. xxix

Part I. Introduction: Historical Development of the Criminal
Law……………………………………………………………………. 1

Chapter 1 Crime and Society………………………………………….. 3

Section 1. The concepts of ‘crime’, ‘offence’, ‘criminal law’,
and ‘penal law’………………………………………………………… 4
§1. ‘Crime’ and ‘offence’………………………………………………… 4
§2. ‘Criminal law’ and ‘penal law’……………………………………….. 9
Section 2. The phenomenon of crime………………………………... 10
§1. Crime as a permanent aspect of human society……………………… 10
§2. Criminal law and related disciplines…………………………………. 11

Chapter 2. Criminal Justice in Early Society………………………… 15

Section 1. Un-institutionalised criminal justice and early
criminal ‘codes’……………………………………………………….. 15
§1. Self-help punishment……………………………………………….. 15
§2. Early criminal ‘codes’……………………………………………….. 17
Section 2. Institutionalised criminal justice system............................... 20
§1. Early tribunals………………………………………………………. 20
§2. Bases and forms of punishment…………………………………….. 23
§3. The early prison…………………………………………………….. 25

Chapter 3. History of European Thought about Crime………….. 27

Section 1. The classical school of criminal justice philosophy……... 27
§1. Mild but certain and unavoidable punishment ………………………. 28
§2. Promptness of punishment…………………………………………. 28
§3. Principle of legality of crimes and punishment……………………… 29
§4. Crime and punishment to be based solely on harm to society……….. 29
Section 2. The neo-classical school of criminal justice
Philosophy…………………………………………………………….. 32
§1. Judicial discretion in sentencing…………………………………….. 32
iii§2. Justice and utility as the bases of punishment………………………. 33
§3. Sociological and anthropological trends in the study of crime………. 33
§4. Application of statistical method to the study of crime:
the cartographic school…………………………………………………. 34
Section 3. The Italian positivist school....................................................... 35
§1. Main ideas espoused………………………………………………… 36
§2. Leading exponents – Lombroso and Ferri…………………………... 37
Section 4. The social defence school........................................................... 39
§1. Basic idea: social defence through reform of offenders……………… 39
§2. Chie