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 Sorcellerie et justice criminelle written by Alfred Soman and published by Taylor & Francis. This book was released on 2024-10-28 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Parlement of Paris was the largest secular court in Christendom. Although its criminal archives have been preserved virtually intact, historians of the period of the great witch trials, as well as scholars of the Ancien Régime in general, have been discouraged by the notorious difficulties of research into them, and have effectively avoided these records. Alfred Soman was the first historian to have undertaken the task. In the fifteen articles republished here, which include both detailed investigations of particular cases and broad-ranging overviews, he contends that criminal justice in the 16th- and 17th-century France was far more humane and less severe than traditional assumptions would suggest. As early as 1588, the High Court began to take steps to restrain indiscriminate witch hunting, particularly in the eastern provinces where prosecutions were instigated not in conformity with, but in defiance of, the highest judicial authority in the land. Le Parlement de Paris, la plus grande cour de justice de l’Occident, nous a légué ses archives criminelles quasiment intactes. Pourtant les historiens des procès de sorcellerie, ainsi que les spécialistes des aspects institutionnels et sociaux de l’Ancien Régime, découragés par les difficultés notoires de la recherche, ont évité l’exploitation de ces documents. Alfred Soman est le premier chercheur à en avoir relevé de défi. Dans cette série de quinze articles, qui comprennent des enquêtes détaillés, ainsi que des essais de synthèse, il soutient que l’ancienne justice a été beaucoup plus clémente et moins ’injuste’ que de vieilles idées reçues ne le prétendent. Dès 1588, la Haute Cour commença à réprimer les nombreuses poursuites pour faits de sorcellerie, plus particulièrement dans l’Est du royaume, où certains sièges subalternes entamaient des actions criminelles intempestatives, prenant le contre-pied de la politique mise en place par le Pouvoir judiciaire central.
Download or read book Crime Histoire et Soci t s 2004 2 written by and published by Librairie Droz. This book was released on with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Seeing Justice Done written by Paul Friedland and published by Oxford University Press, USA. This book was released on 2012-06-14 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: A history of public executions in France from the medieval spectacle of suffering to the invention of the Revolutionary guillotine, up to the last public execution in 1939. Paul Friedland explores why spectacles of public execution were staged, as well as why thousands of spectators came to watch them.
Download or read book Legalism Anthropology and History written by Paul Dresch and published by OUP Oxford. This book was released on 2012-08-30 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and law-like institutions are visible in human societies very distant from each other in time and space. When it comes to observing and analysing such social constructs historians, anthropologists, and lawyers run into notorious difficulties in how to conceptualize them. Do they conform to a single category of 'law'? How are divergent understandings of the nature and purpose of law to be described and explained? Such questions reach to the heart of philosophical attempts to understand the nature of law, but arise whenever we are confronted by law-like practices and concepts in societies not our own. In this volume leading historians and anthropologists with an interest in law gather to analyse the nature and meaning of law in diverse societies. They start from the concept of legalism, taken from the anthropologist Lloyd Fallers, whose 1960s work on Africa engaged, unusually, with jurisprudence. The concept highlights appeal to categories and rules. The degree to which legalism in this sense informs people's lives varies within and between societies, and over time, but it can colour equally both 'simple' and 'complex' law. Breaking with recent emphases on 'practice', nine specialist contributors explore, in a wide-ranging set of cases, the place of legalism in the workings of social life. The essays make obvious the need to question our parochial common sense where ideals of moral order at other times and places differ from those of modern North Atlantic governance. State-centred law, for instance, is far from a 'central case'. Legalism may be 'aspirational', connecting people to wider visions of morality; duty may be as prominent a theme as rights; and rulers from thirteenth-century England to sixteenth-century Burma appropriate, as much they impose, a vision of justice as consistency. The use of explicit categories and rules does not reduce to simple questions of power. The cases explored range from ancient Asia Minor to classical India, and from medieval England and France to Saharan oases and southern Arabia. In each case they assume no knowledge of the society or legal system discussed. The volume will appeal not only to historians and anthropologists with an interest in law, but to students of law engaged in legal theory, for the light it sheds on the strengths and limitations of abstract legal philosophy.
Download or read book Signing the Body written by Katherine Dauge-Roth and published by Routledge. This book was released on 2019-11-14 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first major scholarly investigation into the rich history of the marked body in the early modern period, this interdisciplinary study examines multiple forms, uses, and meanings of corporeal inscription and impression in France and the French Atlantic from the late sixteenth through early eighteenth centuries. Placing into dialogue a broad range of textual and visual sources drawn from areas as diverse as demonology, jurisprudence, mysticism, medicine, pilgrimage, commerce, travel, and colonial conquest that have formerly been examined largely in isolation, Katherine Dauge-Roth demonstrates that emerging theories and practices of signing the body must be understood in relationship to each other and to the development of other material marking practices that rose to prominence in the early modern period. While each chapter brings to light the particular histories and meanings of a distinct set of cutaneous marks—devil’s marks on witches, demon’s marks upon the possessed, devotional wounds, Amerindian and Holy Land pilgrim tattoos, and criminal brands—each also reveals connections between these various types of stigmata, links that were obvious to the early modern thinkers who theorized and deployed them. Moreover, the five chapters bring to the fore ways in which corporeal marking of all kinds interacted dynamically with practices of writing on, imprinting, and engraving paper, parchment, fabric, and metal that flourished in the period, together signaling important changes taking place in early modern society. Examining the marked body as a material object replete with varied meanings and uses, Signing the Body: Marks on Skin in Early Modern France shows how the skin itself became the register of the profound cultural and social transformations that characterized this era.
Download or read book Voices in the Legal Archives in the French Colonial World written by Nancy Christie and published by Routledge. This book was released on 2020-09-24 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Voices in the Legal Archives in the French Colonial World: "The King is Listening" offers, through the contribution of thirteen original chapters, a sustained analysis of judicial practices and litigation during the first era of French overseas expansion. The overall goal of this volume is to elaborate a more sophisticated "social history of colonialism" by focusing largely on the eighteenth century, extending roughly from 1700 until the conclusion of the Age of Revolutions in the 1830s. By critically examining legal practices and litigation in the French colonial world, in both its Atlantic and Oceanic extensions, this volume of essays has sought to interrogate the naturalized equation between law and empire, an idea premised on the idea of law as a set of doctrines and codified procedures originating in the metropolis and then transmitted to the colonies. This book advances new approaches and methods in writing a history of the French empire, one which views state authority as more unstable and contested. Voices in the Legal Archives proposes to remedy the under-theorized state of France’s first colonial empire, as opposed to its post-1830 imperial expressions empire, which have garnered far more scholarly attention. This book will appeal to scholars of French history and the comparative history of European empires and colonialism.
Download or read book The Insanity Defence written by Ronnie Mackay and published by Oxford University Press. This book was released on 2022-12-01 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than any other defence in the criminal law, the insanity defence has, and continues to be, the subject of heated debate. Yet too little is known about how the insanity defence operates in different jurisdictions, including in the United Kingdom and Ireland. In this book, Mackay and Brookbanks, and their team of expert contributors, explore the theory and practice around the insanity defence and analyse its diverse influence and manifestations across a wide range of common law and civil law jurisdictions. Typically, the insanity defence, as exemplified in the M'Naghten Rules, represents a foundational aspect of criminal responsibility, although in some jurisdictions it serves only to define degrees of mental capacity. However, what all jurisdictions have in common is the high and increasing incidence of mental illness and impairment challenging existing constructions of an exculpatory rule. This book explores in detail the origins and operation of the M'Naghten Rules as well as the eclectic nature of the insanity defence, its highly variable linguistic expression, and the diverse social policy mandates it seeks to embrace. The Insanity Defence will reinvigorate the debate about the defence by discussing both its theoretical basis and exploring how different jurisdictions approach the insanity plea, not only in relation to an appropriate test and how it operates, but also from the perspective of disposal and how those who use the insanity defence successfully are dealt with. This book will be of interest to researchers, academics, and advanced students with an interest in criminal law internationally, as well as to those involved in the development of policy and legislation.
Download or read book Catalogue of the Library of the T ky Teikoku Daigaku written by Tōkyō Teikoku Daigaku. Toshokan and published by . This book was released on 1896 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Six Centuries of Criminal Law written by Jos Monballyu and published by Martinus Nijhoff Publishers. This book was released on 2014-06-19 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first overview of the history of criminal law in the area that is currently within the territory of Belgium. Jos Monballyu treats both the sources of criminal law, the different judicial bodies that dealt with criminal issues, the general characteristics of the offences, the manifestations of the offences, the different punishments and their functions, the administration of criminal justice and, finally, some offences and their punishments in particular, namely suicide, witchcraft and press offences. All of these subjects are treated in such a manner that they can immediately be compared with the contents of similar standard works concerning the history of criminal justice in other countries.
Download or read book The Development of the Criminal Law of Evidence in the Netherlands France and Germany between 1750 and 1870 written by Ronnie Bloemberg and published by BRILL. This book was released on 2020-05-25 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes the development of the criminal law of evidence in the Netherlands, France and Germany between 1750 and 1870. In this period the development occurred that the so-called system of legal proofs was replaced with the (largely) free evaluation of the evidence. The system of legal proofs, which had functioned since the late middle ages, consisted of a set of strict evidentiary rules which predetermined when a judge could convict someone. In this book an explanation is given of the question why between 1750 and 1870 the strict evidentiary rules were replaced with the free evaluation of the evidence. The thesis of this research is that the reform was induced by a change in the underlying epistemological and political-constitutional discourses which together provided the ideas which inspired a significant reform of the criminal law of evidence.
Download or read book Histoire du droit criminel de la France written by Albert Du Boys and published by . This book was released on 1874 with total page 690 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Palgrave Handbook of Global Rehabilitation in Criminal Justice written by Maurice Vanstone and published by Springer Nature. This book was released on 2022-11-22 with total page 739 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook provides a unique overview of rehabilitation as practiced internationally in criminal justice. Through the contributions of a diverse group that includes, among others, academics (some of whom are former practitioners), research students, a judge, and a probation chief, it reflects common features of criminal justice in different countries and documents their diversity and celebrates their vitality. In recent times the idea of ‘law and order’ has been expropriated by populist, authoritarian and doctrinaire regimes, almost always and nearly everywhere in the service of arbitrary and unjust rule. By and large this handbook does not include such regimes. But ‘law’ itself also has the capacity to constrain rulers, and ‘order’ in the form of social peace is a universally approved civic asset. In part, the book provides a counter-narrative demonstrating that although criminal justice dispositions such as probation, prisons, and parole can be represented as a ‘via dolorosa’, rehabilitation as illustrated in these pages can become a journey that leads by degrees towards the possibility of a better life. The handbook will be of interest to students, academics, practitioners, managers, policy makers and all those who wish to gain insight into the why and the how of rehabilitation in criminal justice systems across the world.
Download or read book Imagining Early Modern Histories written by Dr Elizabeth Ketner and published by Ashgate Publishing, Ltd.. This book was released on 2016-01-28 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interpreting textual mediations of history in early modernity, this volume adds nuance to our understanding of the contributions fiction and fictionalizing make to the shape and texture of versions of and debates about history during that period. Geographically, the scope of the essays extends beyond Europe and England to include Asia and Africa. Contributors take a number of different approaches to understand the relationship between history, fiction, and broader themes in early modern culture. They analyze the ways fiction writers use historical sources, fictional texts translate ideas about the past into a vernacular accessible to broad audiences, fictional depictions and interpretations shape historical action, and the ways in which nonfictional texts and accounts were given fictional histories of their own, intentionally or not, through transmission and interpretation. By combining the already contested idea of fiction with performance, action, and ideas/ideology, this collection provides a more thorough consideration of fictional histories in the early modern period. It also covers more than two centuries of primary material, providing a longer perspective on the changing and complex role of history in forming early modern national, gendered, and cultural identities.
Download or read book Histoire du droit p nal et de la justice criminelle written by Jean-Marie Carbasse and published by Presses Universitaires de France - PUF. This book was released on 2000 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: Au sommaire : De l'époque romaine aux temps féodaux ; Le droit pénal de l'Ancien Régime ; Naissance du droit pénal contemporain.
Download or read book 2006 written by Massimo Mastrogregori and published by Walter de Gruyter. This book was released on 2010-12-23 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Die IBOHS verzeichnet jährlich die bedeutendsten Neuerscheinungen geschichtswissenschaftlicher Monographien und Zeitschriftenartikel weltweit, die inhaltlich von der Vor- und Frühgeschichte bis zur jüngsten Vergangenheit reichen. Sie ist damit die derzeit einzige laufende Bibliographie dieser Art, die thematisch, zeitlich und geographisch ein derart breites Spektrum abdeckt. Innerhalb der systematischen Gliederung nach Zeitalter, Region oder historischer Disziplin sind die Werke nach Autorennamen oder charakteristischem Titelhauptwort aufgelistet.
Download or read book A Punishment for Each Criminal written by Christine Ekholst and published by BRILL. This book was released on 2014-04-10 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Punishment for Each Criminal is the first in-depth analysis of how gender influenced Swedish medieval law. Christine Ekholst demonstrates how the law codes gradually and unevenly introduced women as possible perpetrators for all serious crimes. The laws reveal that legislators not only expected men and women to commit different types of crimes; they also punished men and women in different ways if they were convicted. The laws consistently stipulated different methods of executions for men and women; while men were hanged or broken on the wheel, women were buried alive, stoned, or burned at the stake. A Punishment for Each Criminal explores the background to the important legislative changes that took place when women were made personally responsible for their own crimes.
