Download or read book Contribution l tude du principe de pr caution en droit p nal et en politique criminelle written by Oona Ah-Thion and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Le début du 21ème siècle a vu s'ériger de profondes réformes législatives qui continuent de bouleverser le droit pénal et la politique criminelle. Elles prennent corps dans une société de risque caractérisée par l'accélération de la modernisation et la production de risques multiformes qui lui sont rattachés. Progressivement, le principe de précaution, emprunté de manière pervertie à l'environnement, et sur un mode incantatoire et répétitif, s'immiscera dans ces matières jusqu'à produire des conséquences sur le principe de légalité qui structure la rationalité pénale moderne, imposer la révision de certains autres grands principes comme celui de la présomption d'innocence et celui de nécessité, et mettre au centre des décisions des notions critiques telle la dangerosité. Sous l'influence du principe de précaution, les concepts-mêmes d'infraction, de responsabilité pénale et de peine sont bousculés avec l'invitation à prendre toujours plus en considération le futur et sa potentialité de danger. Dans cette perspective, et comme pendant au principe de précaution, le droit à la sécurité tend à déplacer la focale sur une approche victimaire de la société au détriment d'une conception ancienne d'un droit pénal fondé sur un équilibre juridique entre sécurité et liberté. Et la politique criminelle guidant ces évolutions fonctionne sur un nouveau modèle qui, dans cette recherche poussée de la sécurité, fait de la précaution à la fois sa finalité interne et sa finalité externe. Cette thèse est donc consacrée à l'étude du principe de précaution appliqué au droit pénal et à la politique criminelle qu'elle examine à la lumière de théories et d'approches pluridisciplinaires. Elle s'attache surtout à travers l'analyse de l'évolution du droit pénal et de certaines thèses criminologiques, à mettre en évidence l'émergence aujourd'hui, et au contact d'une idéologie précautionniste, d'une nouvelle rationalité pénale de précaution fonctionnant selon une méthodologie et avec l'usage d'une terminologie spécifique.
Download or read book Contemporary Criminological Issues written by Carolyn Côté-Lussier and published by University of Ottawa Press. This book was released on 2020-05-05 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary Criminological Issues tackles some of today’s most pressing social issues, from the criminalization of Indigenous peoples to interpersonal violence, border control, and armed conflicts. This book advances cutting-edge theories and methods, with the aim of moving beyond the scholarship that reproduces insecurity and exclusion. The breadth of approaches encompasses much of the current critical criminological scholarship, serving as a counterpoint to the growth of managerial and administrative criminologies and the rise of explicitly exclusionary and punitive state policies and practices with respect to ‘crime’ and ‘security.’ This edited collection featuring two books, one in English and one in French, includes important contributions to knowledge and public policy by eminent experts and emerging scholars. This book is published in English.
Download or read book On the Take written by Lindy Muzila and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite broad international recognition of the criminalization of illicit enrichment, it has not been universally accepted as an anti-corruption measure. Instead, criminalization of illicit enrichment continues to generate extensive debate and controversy. Against this background, this volume aims to provide an analysis of how illicit enrichment works, and attempts to shed light on any contributions that it has made to the fight against corruption and the recovery of stolen assets. Rather than delving into the theoretical and academic debates around illicit enrichment, this study focuses primarily on the analysis of current practice, case law, and existing literature to offer a new perspective to the on-going discussions. More specifically, the volume addresses the legal framework upon which the concept of illicit enrichment rests, and the resulting policy implications of that legal framework. It also focuses on illicit enrichment as an anti-corruption mechanism, from its roots as a response to the problems inherent to prosecutions involving corruption, to an examination of elements and inchoate offenses relating to illicit enrichment under international conventions. It examines illicit enrichment jurisprudence in the global context. An extensive survey was carried out to determine the countries where the offense exists, what form it takes, how often it is used, and for countries where it doesn't, what other measures are used in its place. The authors neither recommend nor oppose the adoption of illicit enrichment provisions, but rather aim to assist jurisdictions considering such steps by highlighting key questions that might arise during implementation, including how the offense is defined and enforced domestically by States. Similarly, the authors do not endorse nor criticize any practice carried out by States in the implementation of the criminalization of illicit enrichment. Ultimately, it is also hoped that this study provides a basis for further discussion amongst policy makers and practitioners, and fuels upcoming discussions by the Conference of State parties of the UNCAC and its Working Groups
Download or read book Secession written by Marcelo G. Kohen and published by Cambridge University Press. This book was released on 2006-03-21 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a comprehensive study of secession from an international law perspective.
Download or read book Abnormal written by Michel Foucault and published by Verso Books. This book was released on 2016-09-01 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: Three decades after his death, Michel Foucault remains one of the towering intellectual figures of the last half-century. His works on sexuality, madness, the prison, and medicine are enduring classics. From 1971 until his death in 1984, Foucault gave public lectures at the famous Collge de France. These seminal events, attended by thousands, created the benchmarks for contemporary social enquiry. The lectures comprising Abnormal begin by examining the role of psychiatry in modern criminal justice, and its method of categorising individuals who "resemble their crime before they commit it." Building on the themes of societal self-defence developed in earlier works, Foucault shows how defining "normality" became a prerogative of power in the nineteenth century, shaping the institutions-from the prisons to the family-meant to deal with "monstrosity," whether sexual, physical, or spiritual. The Collge de France lectures add immeasurably to our appreciation and understanding of Foucault's thought.
Download or read book Perspectives of Law and Culture on the End of life Legislations in France Germany India Italy and United Kingdom written by Stéphanie Rohlfing-Dijoux and published by Nomos Verlagsgesellschaft. This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Présentation de l'éditeur : "The interactions between law and culture in addressing the legal problems at the end of a life are currently being discussed in many countries. The discourse on this issue should be multidisciplinary, taking into account its legal, medical, ethical, philosophical and anthropological aspects. The concepts designed to manage the legal problems that occur when a life comes to an end are closely linked to the culture of each country. For this reason, countries with different cultural backgrounds have been selected for this comparative end-of-life study. In France, Germany and Italy, which have a continental legal system, the United Kingdom, which has a common law system, and India, the various religions and cultures exert an important influence on the modernisation of the legislation in this respect. The book deals with recent legislative changes and developments in the countries surveyed."
Download or read book Routledge International Handbook of Restorative Justice written by Theo Gavrielides and published by Routledge. This book was released on 2018-07-27 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: This up-to-date resource on restorative justice theory and practice is the literature’s most comprehensive and authoritative review of original research in new and contested areas. Bringing together contributors from across a range of jurisdictions, disciplines and legal traditions, this edited collection provides a concise, but critical review of existing theory and practice in restorative justice. Authors identify key developments, theoretical arguments and new empirical evidence, evaluating their merits and demerits, before turning the reader’s attention to further concerns informing and improving the future of restorative justice. Divided into four parts, the Handbook includes papers written by leading scholars on new theory, empirical evidence of implementation, critiques and the future of restorative justice. This companion is essential reading for scholars of restorative justice, criminology, social theory, psychology, law, human rights and criminal justice, as well as researchers, policymakers, practitioners and campaigners from around the world.
Download or read book The State Immunity Controversy in International Law written by Ernest K. Bankas and published by Springer Science & Business Media. This book was released on 2005-06-30 with total page 564 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author shows through a careful analysis of the law that restrictive immunity does not have vox populi in developing countries, and that it lacks usus. He also argues that forum law, i.e. the lex fori is a creature of sovereignty and between equals before the law, only what is understood and acknowledged as law among states must be applied in as much as the international legal system is horizontal.
Download or read book Detention in Non International Armed Conflict written by Lawrence Hill-Cawthorne and published by Oxford University Press. This book was released on 2016-03-24 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law has long differentiated between international and non-international armed conflicts, traditionally regulating the former far more comprehensively than the latter. This is particularly stark in the case of detention, where the law of non-international armed conflict contains no rules on who may be detained, what processes must be provided to review their detention, and when they must be released. Given that non-international armed conflicts are now the most common form of conflict, this is especially worrying, and the consequences of this have been seen in the detention practices of states such as the US and UK in Iraq and Afghanistan. This book provides a comprehensive examination of the procedural rules that apply to detention in non-international armed conflict, with the focus on preventive security detention, or 'internment'. All relevant areas of international law, most notably international humanitarian law and international human rights law, are analysed in detail and the interaction between them explored. The book gives an original account of the relationship between the relevant rules of IHL and IHRL, which is firmly grounded in general international law scholarship, treating the issue as a matter of treaty interpretation. With that in mind, and with reference to State practice in specific non-international armed conflicts - including those in Sri Lanka, Colombia, Nepal, Afghanistan, and Iraq - it is demonstrated that the customary and treaty obligations of States under human rights law continue, absent derogation, to apply to detention in non-international armed conflicts. The practical operation of those rules is then explored in detail. The volume ends with a set of concrete proposals for developing the law in this area, in a manner that builds upon, rather than replaces, the existing obligations of States and non-State armed groups.
Download or read book Pastiches Et Melanges by Marcel Proust written by Marcel Proust and published by Createspace Independent Publishing Platform. This book was released on 2018-08-06 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first translation into English in its entirety of Marcel Proust's Pastiches et Mélanges, published by Gaston Gallimard in 1919. The first part, Pastiches, contains nine literary parodies about a fraudster, Henri Lemoine, who claimed to be able to manufacture diamonds. The pastiches are in the manner of Balzac, Flaubert, Sainte-Beuve, Henri de Régnier, Michelet, Émile Faguet, Renan and the Goncourt brothers. The second part, Mélanges, consists of four sections: the destruction of cathedrals in the First World War, the separation of church and state, a drama about madness, and Proust's love of reading. Proust is best known for writing À la recherche du temps perdu (variously translated as Remembrance of Things Past and In Search of Lost Time), widely considered to be the greatest novel of the twentieth century. The Melody beneath the Words is the first translation into English in its entirety of Marcel Proust's Pastiches et Mélanges, published by Gaston Gallimard in 1919. The first part, Pastiches, contains nine literary parodies about a fraudster, Henri Lemoine, who claimed to be able to manufacture diamonds. The pastiches are in the manner of Balzac, Flaubert, Sainte-Beuve, Henri de Régnier, Michelet, Émile Faguet, Renan and the Goncourt brothers. The second part, Mélanges, consists of four sections: the destruction of cathedrals in the First World War, the separation of church and state, a drama about madness, and Proust's love of reading. Proust is best known for writing À la recherche du temps perdu (variously translated as Remembrance of Things Past and In Search of Lost Time), widely considered to be the greatest novel of the twentieth century. The Melody beneath the Words is the first translation into English in its entirety of Marcel Proust's Pastiches et Mélanges, published by Gaston Gallimard in 1919. The first part, Pastiches, contains nine literary parodies about a fraudster, Henri Lemoine, who claimed to be able to manufacture diamonds. The pastiches are in the manner of Balzac, Flaubert, Sainte-Beuve, Henri de Régnier, Michelet, Émile Faguet, Renan and the Goncourt brothers. The second part, Mélanges, consists of four sections: the destruction of cathedrals in the First World War, the separation of church and state, a drama about madness, and Proust's love of reading. Proust is best known for writing À la recherche du temps perdu (variously translated as Remembrance of Things Past and In Search of Lost Time), widely considered to be the greatest novel of the twentieth century.
Download or read book The Creation of States in International Law written by James R. Crawford and published by Oxford University Press. This book was released on 2007-03-15 with total page 943 pages. Available in PDF, EPUB and Kindle. Book excerpt: Statehood in the early 21st century remains as much a central problem as it was in 1979 when the first edition of The Creation of States in International Law was published. As Rhodesia, Namibia, the South African Homelands and Taiwan then were subjects of acute concern, today governments, international organizations, and other institutions are seized of such matters as the membership of Cyprus in the European Union, application of the Geneva Conventions to Afghanistan, a final settlement for Kosovo, and, still, relations between China and Taiwan. All of these, and many other disputed situations, are inseparable from the nature of statehood and its application in practice. The remarkable increase in the number of States in the 20th century did not abate in the twenty five years following publication of James Crawford's landmark study, which was awarded the American Society of International Law Prize for Creative Scholarship in 1981. The independence of many small territories comprising the 'residue' of the European colonial empires alone accounts for a major increase in States since 1979; while the disintegration of Yugoslavia and the USSR in the early 1990s further augmented the ranks. With these developments, the practice of States and international organizations has developed by substantial measure in respect of self-determination, secession, succession, recognition, de-colonization, and several other fields. Addressing such questions as the unification of Germany, the status of Israel and Palestine, and the continuing pressure from non-State groups to attain statehood, even, in cases like Chechnya or Tibet, against the presumptive rights of existing States, James Crawford discusses the relation between statehood and recognition; the criteria for statehood, especially in view of evolving standards of democracy and human rights; and the application of such criteria in international organizations and between states. Also discussed are the mechanisms by which states have been created, including devolution and secession, international disposition by major powers or international organizations and the institutions established for Mandated, Trust, and Non-Self-Governing Territories. Combining a general argument as to the normative significance of statehood with analysis of numerous specific cases, this fully revised and expanded second edition gives a comprehensive account of the developments which have led to the birth of so many new states.
Download or read book Jews in Early Christian Law written by John Victor Tolan and published by Brepols Publishers. This book was released on 2014 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the place of Jews in medieval Christian societies? in the ninetheenth and early twentieth centuries, this question was largely confined to Jewish scholars, and the academic debates where inseparable from the upheavels of the lives of contemporary European Jews.
Download or read book Immigration Regulation in Federal States written by Sasha Baglay and published by Springer Science & Business Media. This book was released on 2014-03-18 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines the phenomenon of immigration federalism: its main characteristics, why and how it has developed, its implications for immigration systems (in general) and non-citizens’ rights (in particular). The book introduces the reader to theoretical perspectives on immigration federalism through three sets of literature – federalism, governance and non-citizens’ rights – that provide a necessary framework for understanding immigration federalism’s multiple facets and impacts. It also offers an analysis of immigration federalism through case studies of six jurisdictions: Australia, Canada, Germany, Switzerland, the EU and the US. Despite increased sub-national activity in immigration regulation in several federal states, very little research has been dedicated so far to comparing how federal states deal with immigration federalism. Comparative studies on the human rights implications of immigration federalism have received even less attention. This book seeks to fill the gap in this area and is an important contribution to the field, providing the reader with a better understanding of the complex issues surrounding immigration federalism and its impact on non-citizens.
Download or read book New Rules for Victims of Armed Conflicts written by Michael Bothe and published by Martinus Nijhoff Publishers. This book was released on 1982-04-30 with total page 770 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the advances made by the international community to outlaw the resort to force by the United Nations Charter, armed conflicts both international & non-international are a fact of every day life. The civilian casualties from such conflicts have assumed catastrophic proportions. Little attention, however, has been paid by scholars to the treatment of noncombatants in armed conflict & the place in international law of the principle fundamental to the law of armed conflict: noncombatant immunity. This work aims to remedy this omission. The author analyses in detail the content of the customary & conventional rules that give effect to this principle, in both international & non-international armed conflict. The importance of such a study is highlighted by the recent Gulf conflict where so many of the States were not bound by the most recent treaty rules protecting noncombatants.
Download or read book The Politics of Aesthetics written by Jacques Rancière and published by Bloomsbury Publishing. This book was released on 2013-05-08 with total page 145 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Politics of Aesthetics rethinks the relationship between art and politics, reclaiming "aesthetics" from the narrow confines it is often reduced to. Jacques Rancière reveals its intrinsic link to politics by analysing what they both have in common: the delimitation of the visible and the invisible, the audible and the inaudible, the thinkable and the unthinkable, the possible and the impossible. Presented as a set of inter-linked interviews, The Politics of Aesthetics provides the most comprehensive introduction to Rancière's work to date, ranging across the history of art and politics from the Greek polis to the aesthetic revolution of the modern age. Available now in the Bloomsbury Revelations series 10 years after its original publication, The Politics of Aesthetics includes an afterword by Slavoj Zizek, an interview for the English edition, a glossary of technical terms and an extensive bibliography.
Download or read book Jacques Ranci re written by Gabriel Rockhill and published by Duke University Press. This book was released on 2009-08-21 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: The French philosopher Jacques Rancière has influenced disciplines from history and philosophy to political theory, literature, art history, and film studies. His research into nineteenth-century workers’ archives, reflections on political equality, critique of the traditional division between intellectual and manual labor, and analysis of the place of literature, film, and art in modern society have all constituted major contributions to contemporary thought. In this collection, leading scholars in the fields of philosophy, literary theory, and cultural criticism engage Rancière’s work, illuminating its originality, breadth, and rigor, as well as its place in current debates. They also explore the relationships between Rancière and the various authors and artists he has analyzed, ranging from Plato and Aristotle to Flaubert, Rossellini, Auerbach, Bourdieu, and Deleuze. The contributors to this collection do not simply elucidate Rancière’s project; they also critically respond to it from their own perspectives. They consider the theorist’s engagement with the writing of history, with institutional and narrative constructions of time, and with the ways that individuals and communities can disturb or reconfigure what he has called the “distribution of the sensible.” They examine his unique conception of politics as the disruption of the established distribution of bodies and roles in the social order, and they elucidate his novel account of the relationship between aesthetics and politics by exploring his astute analyses of literature and the visual arts. In the collection’s final essay, Rancière addresses some of the questions raised by the other contributors and returns to his early work to provide a retrospective account of the fundamental stakes of his project. Contributors. Alain Badiou, Étienne Balibar, Bruno Bosteels, Yves Citton, Tom Conley, Solange Guénoun, Peter Hallward, Todd May, Eric Méchoulan, Giuseppina Mecchia, Jean-Luc Nancy, Andrew Parker, Jacques Rancière, Gabriel Rockhill, Kristin Ross, James Swenson, Rajeshwari Vallury, Philip Watts
Download or read book A Phonetic Dictionary of the English Language written by Hermann Michaelis and published by . This book was released on 1913 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt:
