Download or read book The Western Codification of Criminal Law written by Aniceto Masferrer and published by Springer. This book was released on 2018-03-09 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume addresses an important historiographical gap by assessing the respective contributions of tradition and foreign influences to the 19th century codification of criminal law. More specifically, it focuses on the extent of French influence – among others – in European and American civil law jurisdictions. In this regard, the book seeks to dispel a number of myths concerning the French model’s actual influence on European and Latin American criminal codes. The impact of the Napoleonic criminal code on other jurisdictions was real, but the scope and extent of its influence were significantly less than has sometimes been claimed. The overemphasis on French influence on other civil law jurisdictions is partly due to a fundamental assumption that modern criminal codes constituted a break with the past. The question as to whether they truly broke with the past or were merely a degree of reform touches on a difficult issue, namely, the dichotomy between tradition and foreign influences in the codification of criminal law. Scholarship has unfairly ignored this important subject, an oversight that this book remedies.
Download or read book Comparative Criminal Justice written by Jospeter M. Mbuba and published by Rowman & Littlefield. This book was released on 2023 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: "As the world becomes increasingly globalized, a shared understanding of the various aspects of criminal justice becomes imperative. Drawing from countries across Africa, Asia and the Pacific, Europe, the Middle East, and the Western Hemisphere, this book is a go-to reference in comparative criminal justice studies"--
Download or read book Sentencing in International Criminal Law written by Silvia D'Ascoli and published by Bloomsbury Publishing. This book was released on 2011-04-01 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with sentencing in international criminal law, focusing on the approach of the UN ad hoc Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR). In contrast to sentencing in domestic jurisdictions, and in spite of its growing importance, sentencing law is a part of international criminal law that is still 'under construction' and is unregulated in many aspects. International sentencing law and practice is not yet defined by exact norms and principles and as yet there is no body of international principles concerning the determination of sentence, notwithstanding the huge volume of sentencing research and the extensive modern debate about sentencing principles. Moreover international judges receive very little guidance in sentencing matters: this contributes to inconsistencies and may increase the risk that similar cases will be sentenced in different ways. One purpose of this book is to investigate and evaluate the process of international sentencing, especially as interpreted by the ICTY and the ICTR, and to suggest a more comprehensive and coherent system of guiding principles, which will foster the development of a law of sentencing for international criminal justice. The book discusses the law and jurisprudence of the ad hoc Tribunals, and also presents an empirical analysis of influential factors and other data from ICTY and ICTR sentencing practice, thus offering quantitative support for the doctrinal analysis. This publication is one of the first to be entirely devoted to the process of sentencing in international criminal justice. The book will thus be of great interest to practitioners, academics and students of the subject.
Download or read book A history of continental criminal procedure with special reference to France written by A. Esmein and published by Рипол Классик. This book was released on with total page 685 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A History of Continental Criminal Procedure written by Adhémar Esmein and published by The Lawbook Exchange, Ltd.. This book was released on 2000 with total page 686 pages. Available in PDF, EPUB and Kindle. Book excerpt: Esmein, A[dhemar]. A History of Continental Criminal Procedure with Special Reference to France. Translated by John Simpson; with an editorial preface by William E. Mikell and introductions by Norman M. Trenholme and by William Renwick Riddell. Boston: Little, Brown and Company, 1913. xlv, 640 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 99-045906. ISBN 1-58477-042-2. Cloth. $100. * Reprint of volume 5, Continental Legal History Series. Esmein, "the foremost legal scholar of France if not of the world" has here analyzed criminal procedure from its Roman origin, through primitive Germanic, and throughout French criminal procedure from the 1200s to the 1800s, as well as 19th century criminal procedure in other countries in this "masterly work...This volume is to be unqualifiedly commended as a standard and sufficient history of continental criminal procedure." J.H.B. Harv. L. Rev. 27:294-295.
Download or read book A Preliminary Bibliography of Modern Criminal Law and Criminology written by John Henry Wigmore and published by . This book was released on 1909 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book La pathologie du pouvoir vices crimes et d lits des gouvernants written by Patrick Gilli and published by BRILL. This book was released on 2016-02-02 with total page 571 pages. Available in PDF, EPUB and Kindle. Book excerpt: La singularité de la criminalité des gouvernants ou de leurs actes peccamineux réside dans la rareté des condamnations qu’ils ont subies. En examinant sur la longue durée, les formes de dénonciation de ces délits des hommes de pouvoir, le livre essaie de comprendre les raisons qui aboutissent à la rupture du consensus et à la remise en cause de l’acceptation sociale des traditions jusqu’alors tolérées (corruption, extorsion, abus en tout genre). Les différentes contributions examinent les conditions de ces condamnations, morales et politiques, et dessinent un tableau nuancé de ces pathologies du pouvoir qui loin d’être invariables dans le temps sont articulées aux paradigmes moraux de chaque société historique. Les contributeurs sont: Nathalie Barrandon, Anne-Catherine Baudoin, Franck Collard, Kathleen Crowther, Angela De Benedictis, Silvia Di Paolo, Julien Dubouloz, Patrick Gilli, Cedric Giraud, Thomas Granier, Laurent Guitton, Charles Guerin, Corinne Manchio, Nancy McLoughin, Hélène Ménard, Richard Newhauser, Flocel Sabaté, Armand Strubel, Julien Théry et Silvana Vecchio English: What is singular about the criminality of rulers or their sinful acts is how rarely they are convicted. Through a long-term study of the forms of denunciation of crimes committed by those who hold power, this book tries to understand the reasons that lead to breaking the consensus and calling into question the social acceptance of traditions which had hitherto been tolerated (corruption, extortion, different types of abuse). The various contributions investigate the moral and political conditions of these convictions, and give a well-balanced account of these pathologies of power: far from being invariable over time, they are consistent with the moral paradigms of each society in history.
Download or read book Histories of Transnational Criminal Law written by Neil Boister and published by Oxford University Press. This book was released on 2021 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Histories of Transnational Criminal Law provides for the first time a set of legal histories of state efforts to combat and cooperate against transnational crime"--Publisher.
Download or read book The Triggering Procedure of the International Criminal Court written by Héctor Olásolo and published by BRILL. This book was released on 2005-10-01 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Rome Statute, unlike the statutes of the International Criminal Tribunals for the former Yugoslavia and for Rwanda, creates a permanent court whose dormant jurisdiction covers the territory and includes the nationals of States Parties and is universal in cases where the Security Council makes a referral. Besides, unlike the "ad hoc" tribunals, which have jurisdiction over specific crisis situations whose personal, territorial and temporal parameters have been defined in their respective statutes by the UN Security Council, in the case of the ICC it is not possible to determine a priori in which situations the ICC will be involved. As a result, the most relevant activity of the Court is the determination of those situations regarding which the dormant jurisdiction of the Court will be triggered. The book "The Triggering Procedure of the International Criminal Court" constitutes the first comprehensive analysis of the proceedings that, prior to any criminal investigation, aim to make such a fundamental determination.
Download or read book General Principles of Law in the Decisions of International Criminal Courts and Tribunals written by Fabián Raimondo and published by BRILL. This book was released on 2008 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: International lawyers usually disregard the vital functions that general principles of law may play in the decisions of international courts and tribunals. As far as international criminal law is concerned, general principles of law may be crucial to the outcome of an international trial, "inter alia" because the conviction of an accused in respect of a particular charge may depend on the existence of a given defence under this source. This volume examines the role that general principles of law have played in the decisions of international criminal courts and tribunals. In particular, it analyses their alleged a ~subsidiarya (TM) nature, their process of determination, and their transposition from national legal systems into international law. It concludes that general principles of law have played a significant role in the decisions of international criminal courts and tribunals, not only by filling legal gaps, but also by being a fundamental means for the interpretation of legal rules and the enhancement of legal reasoning.
Download or read book A World Government written by Sabino Cassese and published by Global Law Press. This book was released on 2018-02-28 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are now many features of a new world order: the circulation of concepts, techniques, rules; the development of global epistemic communities; an increasing mix of national and supranational institutions; the formation of more horizontal links among States, which do not disappear, but rather become accountable to one other; the generalization of common usages and rules. Overall, this is conventionally called globalization. Globalization is the major development in the field of public law in the second half of the twentieth century. It has evolved according to an incremental pattern. First, it was applied to peace and human rights (the United Nations); then, to areas such as the sea, nuclear waste, health, labor, the environment. Subsequently, it was applied to trade, and, finally, to global terrorism and global crises. The process of globalization has been piecemeal, and globalization has developed through crises and unbalances, by accretion and accumulation.
Download or read book Human Rights in European Criminal Law written by Stefano Ruggeri and published by Springer. This book was released on 2015-01-02 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with human rights in European criminal law after the Lisbon Treaty. Doubtless the Lisbon Treaty has constituted a milestone in the development of European criminal justice. Not only has the reform following the Treaty given binding force to the EU Charter of Fundamental Rights, but furthermore it has paved the way for unprecedented forms of supranational legislation. In this scenario, the enforcement of individual rights in criminal matters has become a core goal of EU legislation. Alongside these developments, new interactions between national and supranational jurisprudences have emerged, which have significantly contributed to a human rights-oriented approach to European criminal law. The book analyses the main developments of this complex phenomenon from an interdisciplinary perspective. Criminal and procedural law, constitutional law and comparative law must thus be combined to achieve a full understanding of these developments and of their impact on national law.
Download or read book Journal of the American Institute of Criminal Law and Criminology written by and published by . This book was released on 1912 with total page 1004 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book GROSS VIOLATIONS DEI DIRITTI DELLE DONNE IN MESSICO written by Chiara Dara and published by Firenze University Press. This book was released on 2014 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book On Crimes and Punishments and Other Writings written by Cesare Beccaria and published by University of Toronto Press. This book was released on 2009-05-05 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Published in 1764, On Crimes and Punishments by Cesare Beccaria (1738–1794) courted both success and controversy in Europe and North America. Enlightenment luminaries and enlightened monarchs alike lauded the text and looked to it for ideas that might help guide the various reform projects of the day. The equality of every citizen before the law, the right to a fair trial, the abolition of the death penalty, the elimination of the use of torture in criminal interrogations—these are but a few of the vital arguments articulated by Beccaria. This volume offers a new English translation of On Crimes and Punishment alongside writings by a number of Beccaria’s contemporaries. Of particular interest is Voltaire’s commentary on the text, which is included in its entirety. The supplementary materials testify not only to the power and significance of Beccaria’s ideas, but to the controversial reception of his book. At the same time that philosophes proclaimed that it contained principles of enduring importance to any society grappling with matters of political and criminal justice, allies of the ancien régime roundly denounced it, fearing that the book’s attack on feudal privileges and its call to separate law from religion (and thus crime from sin) would undermine their longstanding privileges and powers. Long appreciated as a foundational text in criminology, Beccaria’s arguments have become central in debates over capital punishment. This new edition presents Beccaria’s On Crimes and Punishments as an important and influential work of Enlightenment political theory.
Download or read book Organised Crime Financial Crime and Criminal Justice written by Dan Jasinski and published by Taylor & Francis. This book was released on 2023-05-15 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Organised crime and financial crime are pressing global problems, increasingly recognised as policy priorities both by national governments and international bodies and corporations. This proudly interdisciplinary collection is built on the premise that these topics are too often artificially separated, both in scholarship and the classroom. Bringing together scholars from law, the social sciences, and the humanities, this book showcases a diverse range of perspectives on these complex and compelling global issues, and the criminal justice challenges that they pose. The themes discussed include legal theory and procedure; regulation and enforcement; prevention and punishment; media representation and perception. Readers are encouraged to think outside traditional disciplinary bounds and form their own connections and conclusions inspired by the juxtaposition of perspectives rarely seen together in the same volume.
Download or read book Forced Mobility of EU Citizens written by José A. Brandariz and published by Taylor & Francis. This book was released on 2023-06-29 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: Forced Mobility of EU Citizens is a critical evaluation from an empirical perspective of existing practices of the use of transnational criminal justice instruments within the European Union. Such instruments include the European Arrest Warrant (EAW), prisoner transfer procedures and criminal law-related deportations. The voices and experiences of people transferred across internal borders of the European Union are brought to the fore in this book. Another area explored is the scope and value of EU citizenship rights in light of cooperation not just between judicial authorities of EU Member States, but criminal justice systems in general, including penitentiary institutions. The novelty of the book lays not only in the fact that it brings to the fore a topic that so far has been under-researched, but it also brings together academics and studies from different parts of Europe – from the west (i.e. the expelling countries) and the east (the receiving countries, with a special focus on two of the jurisdictions most affected by these processes – Poland and Romania). It therefore exposes processes that have so far been hidden, shows the links between sending and receiving countries, and elaborates on the harms caused by those instruments and the very idea of ‘justice’ behind them. This book also introduces a new element to deportation studies as it links to them the institution of the European Arrest Warrant and EU law transfers targeting prisoners and sentenced individuals. With a combination of legal, criminological, and sociological perspectives, this book will be of great interest to scholars and students with an interest in EU law, criminal law, transnational criminal justice, migration/immigration, and citizenship. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution 4.0 International license and funded by Polish Academy of Sciences, Institute of Law Studies.
