Download or read book Contributo allo studio delle sentenze processuali penali written by Oreste Dominioni and published by . This book was released on 1969 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Contributo allo studio della sentenza penale written by Luca Pressacco and published by G Giappichelli Editore. This book was released on 2023-01-01 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Contributo allo studio dell appello penale written by AIUTI VALERIO and published by G Giappichelli Editore. This book was released on 2023-05-16 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: In un sistema accusatorio, fondato sull’oralità e l’immediatezza nella formazione della prova, come può il giudice d’appello ribaltare la sentenza di primo grado se le prove poste alla base della decisione non vengono nuovamente formate in via orale e immediata? Nella riflessione dogmatica e giurisprudenziale sono state sperimentate diverse soluzioni al quesito: dall’abolizionismo parziale, all’ampliamento delle occasioni di rinnovazione dibattimentale, al tentativo di irregimentare l’accesso al secondo grado di giurisdizione. Ognuna di queste riforme ha risentito del particolare clima culturale in cui è stata approvata, non ultimo quello legato alle pronunce con cui la Corte Europea dei Diritti Umani ha ritenuto in contrasto con le norme convenzionali un secondo grado di giudizio scritto, che si conclude con la condanna dell’imputato. Il presente volume tenta di offrire una risposta alla domanda, puntando soprattutto a chiarirne i quesiti di fondo: da un lato, l’idea che ciò che contraddistingue la valutazione della prova, in un sistema accusatorio, sia il “contatto diretto” tra di essa e il giudice (il “principio di immediatezza”), e che pertanto – in assenza di tale contatto – tale valutazione non potrebbe compiersi in modo autentico; dall’altro, l’idea che ciò che consente al secondo giudice di decidere meglio del primo non sia la possibilità di replicare gli stessi metodi cognitivi già sperimentati nel grado di giudizio precedente, bensì il confronto dialettico che tra la motivazione di primo grado e gli atti d’impugnazione egli è costretto ad istituire prima di poter decidere (il “doppio grado di giurisdizione”).
Download or read book Contributo allo studio della sentenza penale e Book written by PRESSACCO LUCA and published by G Giappichelli Editore. This book was released on 2023-05-19 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law and Neuroscience written by Owen D. Jones and published by Aspen Publishing. This book was released on 2020-09-15 with total page 1004 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Coursebook on law and neuroscience, including the bearing of neuroscience on criminal law, criminal procedure, and evidence"--
Download or read book Neuroscience and Law written by Antonio D’Aloia and published by Springer Nature. This book was released on 2020-06-01 with total page 563 pages. Available in PDF, EPUB and Kindle. Book excerpt: There have been extraordinary developments in the field of neuroscience in recent years, sparking a number of discussions within the legal field. This book studies the various interactions between neuroscience and the world of law, and explores how neuroscientific findings could affect some fundamental legal categories and how the law should be implemented in such cases. The book is divided into three main parts. Starting with a general overview of the convergence of neuroscience and law, the first part outlines the importance of their continuous interaction, the challenges that neuroscience poses for the concepts of free will and responsibility, and the peculiar characteristics of a “new” cognitive liberty. In turn, the second part addresses the phenomenon of cognitive and moral enhancement, as well as the uses of neurotechnology and their impacts on health, self-determination and the concept of being human. The third and last part investigates the use of neuroscientific findings in both criminal and civil cases, and seeks to determine whether they can provide valuable evidence and facilitate the assessment of personal responsibility, helping to resolve cases. The book is the result of an interdisciplinary dialogue involving jurists, philosophers, neuroscientists, forensic medicine specialists, and scholars in the humanities; further, it is intended for a broad readership interested in understanding the impacts of scientific and technological developments on people’s lives and on our social systems.
Download or read book Italian Books and Periodicals written by and published by . This book was released on 1975 with total page 684 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Truth and Efficiency in Civil Litigation written by C. H. van Rhee and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the pursuit of justice, truth always plays a prominent role. In most legal systems, elaborate rules on the taking of evidence try to guarantee that an accurate, factual basis is used for the application of the law. Such rules are the core of most methods of adjudication and they are the main theme of the present volume, which focuses specifically on the rules of evidence within the context of efficiency in civil proceedings.
Download or read book The Languages of Political Theory in Early Modern Europe written by Anthony Pagden and published by Cambridge University Press. This book was released on 1987 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essays on the political 'languages' of natural law, classical republicanism, commerce and political science.
Download or read book Transgender Rights written by Paisley Currah and published by U of Minnesota Press. This book was released on 2006 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Transgender Rights packs a surprising amount of information into a small space. Offering spare, tightly executed essays, this slim volume nonetheless succeeds in creating a spectacular, well-researched compendium of the transgender movement." -Law Library Journal Over the past three decades, the transgender movement has gained visibility and achieved significant victories. Discrimination has been prohibited in several states, dozens of municipalities, and more than two hundred private companies, while hate crime laws in eight states have been amended to include gender identity. Yet prejudice and violence against transgender people remain all too common. With analysis from legal and policy experts, activists and advocates, Transgender Rights assesses the movement's achievements, challenges, and opportunities for future action. Examining crucial topics like family law, employment policies, public health, economics, and grassroots organizing, this groundbreaking book is an indispensable resource in the fight for the freedom and equality of those who cross gender boundaries. Moving beyond media representations to grapple with the real lives and issues of transgender people, Transgender Rights will launch a new moment for human rights activism in America. Contributors: Kylar W. Broadus, Judith Butler, Mauro Cabral, Dallas Denny, Taylor Flynn, Phyllis Randolph Frye, Julie A. Greenberg, Morgan Holmes, Bennett H. Klein, Jennifer L. Levi, Ruthann Robson, Nohemy Solórzano-Thompson, Dean Spade, Kendall Thomas, Paula Viturro, Willy Wilkinson. Paisley Currah is associate professor of political science at Brooklyn College, executive director of the Center for Lesbian and Gay Studies at the CUNY Graduate Center, and a founding board member of the Transgender Law and Policy Institute. Richard M. Juang cochairs the advisory board of the National Center for Transgender Equality (NCTE) in Washington, DC. He has taught at Oberlin College and Susquehanna University. He is the lead editor of NCTE's Responding to Hate Crimes: A Community Resource Manual and coeditor of Transgender Justice, which explores models of activism. Shannon Price Minter is legal director of the National Center for Lesbian Rights and a founding board member of the Transgender Law and Policy Institute.
Download or read book Annual Legal Bibliography written by Harvard Law School. Library and published by . This book was released on 1969 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Justice Cascade written by Kathryn Sikkink and published by W. W. Norton & Company. This book was released on 2011-08-23 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past three decades, hundreds of government officials have gone from being immune to any accountability for their human rights violations to being the subjects of highly publicized trials in Latin America, Europe, and Africa, resulting in enormous media attention and severe consequences. Here, renowned scholar Kathryn Sikkink brings to light the groundbreaking emergence of these human rights trials as a modern political tool, one that is changing the face of global politics as we know it. Drawing on personal experience and extensive research, Sikkink explores the building of this movement toward justice, from its roots in Nuremberg to the watershed trials in Greece and Argentina. She shows how the foundations for the stunning, public indictments of Slobodan Milošević and Augusto Pinochet were laid by the long, tireless activism of civilians, many of whose own families had been destroyed, and whose fight for justice sometimes came at the risk of their own lives and careers. She also illustrates what effect the justice cascade has had on democracy, conflict, and repression, and what it means for leaders and citizens everywhere, including the policymakers behind our own "war on terror."--From publisher description.
Download or read book Transitions from Authoritarian Rule written by Guillermo O’Donnell and published by JHU Press. This book was released on 2013-07-16 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: An array of internationally noted scholars examines the process of democratization in southern Europe and Latin America. They provide new interpretations of both current and historical efforts of nations to end periods of authoritarian rule and to initiate transition to democracy, efforts that have met with widely varying degrees of success and failure. Extensive case studies of individual countries, a comparative overview, and a synthesis conclusions offer important insights for political scientists, students, and all concerned with the prospects for democracy. The historical example of Italy after Mussolini as well as the more recent cases of Greece, Portugal, Spain, and Turkey suggest factors that may make a transition relatively secure.
Download or read book Building a Future on Peace and Justice written by Kai Ambos and published by Springer Science & Business Media. This book was released on 2008-12-04 with total page 566 pages. Available in PDF, EPUB and Kindle. Book excerpt: Results of the 2007 Nuremberg Conference on Peace and Justice: Tensions between peace and justice have long been debated by scholars, practitioners and agencies including the United Nations, and both theory and policy must be refined for very practical application in situations emerging from violent conflict or political repression. Specific contexts demand concrete decisions and approaches aimed at redress of grievance and creation of conditions of social justice for a non-violent future. There has been definitive progress in a world in which blanket amnesties were granted at times with little hesitation. There is a growing understanding that accountability has pragmatic as well as principled arguments in its favour. Practical arguments as much as shifts in the norms have created a situation in which the choice is increasingly seen as "which forms of accountability" rather than a stark choice between peace and justice. It is socio-political transformation, not just an end to violence, that is needed to build sustainable peace. This book addresses these dilemmas through a thorough overview of the current state of legal obligations; discussion of the need for a holistic approach including development; analysis of the implications of the coming into force of the ICC; and a series of "hard" case studies on internationalized and local approaches devised to navigate the tensions between peace and justice.
Download or read book The Pinochet Effect written by Naomi Roht-Arriaza and published by University of Pennsylvania Press. This book was released on 2010-11-24 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1998 arrest of General Augusto Pinochet in London and subsequent extradition proceedings sent an electrifying wave through the international community. This legal precedent for bringing a former head of state to trial outside his home country signaled that neither the immunity of a former head of state nor legal amnesties at home could shield participants in the crimes of military governments. It also allowed victims of torture and crimes against humanity to hope that their tormentors might be brought to justice. In this meticulously researched volume, Naomi Roht-Arriaza examines the implications of the litigation against members of the Chilean and Argentine military governments and traces their effects through similar cases in Latin American and Europe. Roht-Arriaza discusses the difficulties in bringing violators of human rights to justice at home, and considers the role of transitional justice in transnational prosecutions and investigations in the national courts of countries other than those where the crimes took place. She traces the roots of the landmark Pinochet case and follows its development and those of related cases, through Spain, the United Kingdom, elsewhere in Europe, and then through Chile, Argentina, Mexico, and the United States. She situates these transnational cases within the context of an emergent International Criminal Court, as well as the effectiveness of international law and of the lawyers, judges, and activists working together across continents to make a new legal paradigm a reality. Interviews and observations help to contextualize and dramatize these compelling cases. These cases have tremendous ramifications for the prospect of universal jurisdiction and will continue to resonate for years to come. Roht-Arriaza's deft navigation of these complicated legal proceedings elucidates the paradigm shift underlying this prosecution as well as the traction gained by advocacy networks promoting universal jurisdiction in recent decades.
Download or read book The Legal Order written by Santi Romano and published by Routledge. This book was released on 2017-07-14 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1917 (Part 1) and 1918 (Part 2), with a second edition in 1946, this is the first English translation of Santi Romano’s classic work, L’ordinamento giuridico (The Legal Order). The main focus of The Legal Order is the notion of institution, which Romano considers to be both the core and distinguishing feature of law. After criticising accounts of the nature of law centred on notions of rule, coercion or authority, he offers a compelling conception, not merely of law as an institution, but of the institution as ‘the first, original and essential manifestation of law’. Romano advances a definition of a legal institution as any group who share rules within a bounded context: for example, a family, a firm, a factory, a prison, an association, a church, an illegal organisation, a state, the community of states, and so on. Therefore, this understanding of legal institutionalism at the same time provides a ground-breaking theory of legal pluralism whereby ‘there are as many legal orders as institutions’. The acme of a jurisprudential current long overlooked in the Anglophone environment (Romano’s work is highly regarded in France, Germany, Spain and South America, as well as in Italy), The Legal Order not only proposes what Carl Schmitt described as a ‘very significant theory’. More importantly, it offers precious insights for a thorough rethinking of the relationship between law and society in today’s world.
Download or read book Amnesty in the Age of Human Rights Accountability written by Francesca Lessa and published by Cambridge University Press. This book was released on 2012-05-28 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume brings together well-established and emerging scholars of transitional justice to discuss the persistence of amnesty in the age of human rights accountability. The volume attempts to reframe debates, moving beyond the limited approaches of 'truth versus justice' or 'stability versus accountability' in which many of these issues have been cast in the existing scholarship. The theoretical and empirical contributions in this book offer new ways of understanding and tackling the enduring persistence of amnesty in the age of accountability. In addition to cross-national studies, the volume encompasses eleven country cases of amnesty for past human rights violations: Argentina, Brazil, Cambodia, El Salvador, Guatemala, Indonesia, Rwanda, South Africa, Spain, Uganda and Uruguay. The volume goes beyond merely describing these case studies, but also considers what we learn from them in terms of overcoming impunity and promoting accountability to contribute to improvements in human rights and democracy.
