Jon Herring | University of Oxford (original) (raw)
Papers by Jon Herring
Competitive Intelligence Review, 1994
The Florida Entomologist, 1976
The Canadian Entomologist, 1978
British Journal of Criminology, 2008
This is a fascinating book, which extends effortlessly across disciplinary boundaries to argue a ... more This is a fascinating book, which extends effortlessly across disciplinary boundaries to argue a controversial and, at first sight, very difficult case. Starting from his origins in law, Weait takes in biology, philosophy, public health and the sociology of sexual behaviour. In brief, his ...
Oxford Journal of Legal Studies, 2007
This article defends the claim that a man who penetrates the vagina or anus of a woman with his p... more This article defends the claim that a man who penetrates the vagina or anus of a woman with his penis has committed a prima facie wrong.1 In other words, sexual penetration requires justification. The question of whether sexual penetration is wrongful in the sense we consider here has received little detailed attention in the criminal and philosophical literature. It must be emphasized, however, that this question leaves many further issues to be addressed before a proper evaluation of the criminal law’s response to sexual penetration can be completed. As such, this article forms a preliminary part of a larger project. Here, we are not directly concerned with questions of criminalization; we aim simply to map the moral landscape of sexual penetration. If we are right that sexual penetration calls for justification, we must then address the question of how and when it may be justified: for if an act is justified then it should not be prohibited by the criminal law. Moreover, even if an act is morally unjustified, it may nonetheless be an improper target for criminal sanction, since the criminal law is not properly concerned with all morally unjustified conduct.
Journal of Medical Ethics, 2014
The Cambridge Law Journal, 1997
The Cambridge Law Journal, 1997
The Cambridge Law Journal, 1998
... defendant was impliedly sending a message that "he knew who and where" the victim w... more ... defendant was impliedly sending a message that "he knew who and where" the victim was and this might cause the victim to fear that the defendant would come round to her house"what else would she be terrified about?" Lord Steyn concluded there ... JONATHAN HERRING ...
The Cambridge Law Journal, 1998
The Cambridge Law Journal, 1998
ABSTRACT
International Journal of Law in Context, 2010
... by Brill provided that the appropriate fees are paid directly to The Copyright Clearance Cent... more ... by Brill provided that the appropriate fees are paid directly to The Copyright Clearance Center, 222 Rosewood Drive, Suite 910, Danvers, MA 01923 ... Thanks also to Duncan Richards for his research assistance and to Lindy Melman and all the team at Martinus Nijhoff/Brill for ...
Journal of Social Welfare and Family Law, 2005
This article evaluates criticisms that have been made of the principle contained in section 1 of ... more This article evaluates criticisms that have been made of the principle contained in section 1 of the Children Act 1989 that the welfare of the child should be the courts' paramount consideration in resolving disputes over a child's upbringing. In particular, it considers the complaints that the principle is unpredictable in its application, that it fails to adequately protect children's
Journal of Social Welfare and Family Law, 2011
In Yemshaw v London Borough of Hounslow [2011] UKSC 3 the Supreme Court had to consider the defin... more In Yemshaw v London Borough of Hounslow [2011] UKSC 3 the Supreme Court had to consider the definition of domestic violence, for the purpose of the Housing Act 1996. It rejected the view of the Court of Appeal that domestic violence was restricted to cases where there was the use of physical force against the victim and held that it should be interpreted to include the use of emotional, psychological or financial abuse. This article considers that approach to the definition of domestic violence.
The Howard Journal of Criminal Justice, 2009
criminological thought and penal policy, yet not once fails to remember that the lived realities ... more criminological thought and penal policy, yet not once fails to remember that the lived realities of those 'on the ground' may run quite contrary to these apparent seachanges. Sociological theorising and outcome-based evaluations of interventions are intelligently balanced with reference to qualitative, process-based research, succinctly capturing the perspectives of both service users and providers. In such a way, Kemshall succeeds in providing a highly nuanced and grounded appraisal of the apparent 'rise of risk-focussed community protection' (p.130) that will resonate with, challenge and inform practitioners and scholars of every level.
Oxford Journal of Legal Studies, 2007
Competitive Intelligence Review, 1994
The Florida Entomologist, 1976
The Canadian Entomologist, 1978
British Journal of Criminology, 2008
This is a fascinating book, which extends effortlessly across disciplinary boundaries to argue a ... more This is a fascinating book, which extends effortlessly across disciplinary boundaries to argue a controversial and, at first sight, very difficult case. Starting from his origins in law, Weait takes in biology, philosophy, public health and the sociology of sexual behaviour. In brief, his ...
Oxford Journal of Legal Studies, 2007
This article defends the claim that a man who penetrates the vagina or anus of a woman with his p... more This article defends the claim that a man who penetrates the vagina or anus of a woman with his penis has committed a prima facie wrong.1 In other words, sexual penetration requires justification. The question of whether sexual penetration is wrongful in the sense we consider here has received little detailed attention in the criminal and philosophical literature. It must be emphasized, however, that this question leaves many further issues to be addressed before a proper evaluation of the criminal law’s response to sexual penetration can be completed. As such, this article forms a preliminary part of a larger project. Here, we are not directly concerned with questions of criminalization; we aim simply to map the moral landscape of sexual penetration. If we are right that sexual penetration calls for justification, we must then address the question of how and when it may be justified: for if an act is justified then it should not be prohibited by the criminal law. Moreover, even if an act is morally unjustified, it may nonetheless be an improper target for criminal sanction, since the criminal law is not properly concerned with all morally unjustified conduct.
Journal of Medical Ethics, 2014
The Cambridge Law Journal, 1997
The Cambridge Law Journal, 1997
The Cambridge Law Journal, 1998
... defendant was impliedly sending a message that "he knew who and where" the victim w... more ... defendant was impliedly sending a message that "he knew who and where" the victim was and this might cause the victim to fear that the defendant would come round to her house"what else would she be terrified about?" Lord Steyn concluded there ... JONATHAN HERRING ...
The Cambridge Law Journal, 1998
The Cambridge Law Journal, 1998
ABSTRACT
International Journal of Law in Context, 2010
... by Brill provided that the appropriate fees are paid directly to The Copyright Clearance Cent... more ... by Brill provided that the appropriate fees are paid directly to The Copyright Clearance Center, 222 Rosewood Drive, Suite 910, Danvers, MA 01923 ... Thanks also to Duncan Richards for his research assistance and to Lindy Melman and all the team at Martinus Nijhoff/Brill for ...
Journal of Social Welfare and Family Law, 2005
This article evaluates criticisms that have been made of the principle contained in section 1 of ... more This article evaluates criticisms that have been made of the principle contained in section 1 of the Children Act 1989 that the welfare of the child should be the courts' paramount consideration in resolving disputes over a child's upbringing. In particular, it considers the complaints that the principle is unpredictable in its application, that it fails to adequately protect children's
Journal of Social Welfare and Family Law, 2011
In Yemshaw v London Borough of Hounslow [2011] UKSC 3 the Supreme Court had to consider the defin... more In Yemshaw v London Borough of Hounslow [2011] UKSC 3 the Supreme Court had to consider the definition of domestic violence, for the purpose of the Housing Act 1996. It rejected the view of the Court of Appeal that domestic violence was restricted to cases where there was the use of physical force against the victim and held that it should be interpreted to include the use of emotional, psychological or financial abuse. This article considers that approach to the definition of domestic violence.
The Howard Journal of Criminal Justice, 2009
criminological thought and penal policy, yet not once fails to remember that the lived realities ... more criminological thought and penal policy, yet not once fails to remember that the lived realities of those 'on the ground' may run quite contrary to these apparent seachanges. Sociological theorising and outcome-based evaluations of interventions are intelligently balanced with reference to qualitative, process-based research, succinctly capturing the perspectives of both service users and providers. In such a way, Kemshall succeeds in providing a highly nuanced and grounded appraisal of the apparent 'rise of risk-focussed community protection' (p.130) that will resonate with, challenge and inform practitioners and scholars of every level.
Oxford Journal of Legal Studies, 2007