Download or read book Fitness to Plead written by Ronnie Mackay and published by Oxford University Press. This book was released on 2018-06-20 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law relating to fitness to plead is an increasingly important area of the criminal law. While criminalization may be justified whenever an offender commits a sufficiently serious moral wrong requiring that he or she be called to account, the doctrine of fitness to plead calls this principle into question in the case of a person who lacks the capacity or ability to participate meaningfully in a criminal trial. In light of the emerging focus on capacity-based approaches to decision-making and the international human rights requirement that the law should treat defendants fairly, this volume offers a benchmark for the theory and practice of fitness to plead, providing readers with a unique opportunity to consider differing perspectives and debate on the future development and direction of a doctrine which has up till now been under-discussed and under-researched. The fitness to plead rules stand as an exception to notions of public accountability for criminal wrongdoing yet, despite the doctrine's long-standing function in criminal procedure, it has proven complex to apply in practice and has given rise to many varied legislative models and considerable litigation in different jurisdictions. Particularly troublesome is the question of what is to be done with someone who has been found unfit to stand trial. Here the law is required to balance the need to protect those defendants who are unable to participate effectively in their own trial, whether permanently or for a defined period, and the need to protect the public from people who may have caused serious social harm as a result of their antisocial behaviour. The challenge for law reformers, legislators, and judges, is to create rules that ensure that everyone who can properly be tried is tried, while seeking to preserve confidence in the fairness of the legal system by ensuring that people who cannot properly engage in the criminal trial process are not forced to endure it.

Download or read book Storia del diritto penale e della giustizia written by Mario Sbriccoli and published by Giuffrè Editore. This book was released on 2009 with total page 1361 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Case Law in the Making Essays written by Alain A. Wijffels and published by . This book was released on 1997 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: English summary: Legal scholars from every nation are usually guided by the formations of their own legal system and, if they do dare to cross boundaries, by the two big legal families the continental European and the Anglo-American legal system. These two legal systems are usually treated as systems that isolated themselves and have separate historical developments. The goal of the CSC is to correct this skewed view. On the one hand, each of the two legal systems never formed a monolithic unit: one only has to bear in mind the differences between the German and the French legal system or the fact that US Law is drifting away from English Common Law. On the other hand, the model of two isolated legal systems has proven to be fragile and antiquated: the mutual influence and common features are forces that have shaped the legal development substantially on both sides. It is also due to the research results published so far in the CSC, that these notions have been corrected. It is the intent of the CSC, which is kindly sponsored by the Gerda Henkel Foundation, to further bridge the gap between the two legal systems. German description: By the end of the middle ages and in early-modern Europe, judges in superior or central courts had risen to a prominent position in society and played a crucial role in legal developments. Whether in the Common Law system or in continental Europe, the courts' decisions became a focus for legal reasoning, forensic arguments and doctrine. Yet, it remains controversial to what extent these developments reflected the emergence of case-law in a modern sense. From a comparative perspective, it is also questionable whether, in spite of obvious institutional and procedural differences, the Common Law and the European Civil Law traditions produced a corpus of judge-made law which, if not by the way it was elaborated, at least by its results in the respective legal systems, played a similar role in the constant interaction between the various sources of law. The present volumes, which are a sequel to the volume "Judicial Records, Law Reports, and the Growth of Case Law" (J. H. Baker ed.), published in 1989, specifically consider the relationship between judicial records and law reports. The emphasis of the contributions is on the techniques applied by the authors of both records and reports. Records, whether in the Common Law tradition or in continental Europe, developed mainly in order to satisfy procedural requirements, whereas the authenticity of early reports did not meet the same standards as in modern times. Both these observations raise the question of the purpose of records and reports in the law-making process. Volume 1 contains essays discussing these questions in the Anglo-American tradition (Common Law, Equity, English Canon Law) and in various continental-European traditions (Italy, France, Germany, the Low Countries and the Roman Catholic Church). Volume 2 illustrates these essays by producing extensive samples of both records and reports in the systems reviewed in the first volume. Thus, the present publication offers the unique combination of scholarly texts which review the latest results of current legal-historical debates on the role of judges' decisions in medieval and early modern law, and, for the first time, a source-book of the courts' practices and the reporters' methods in a wide range of legal systems.

Download or read book Comparative studies in continental and Anglo American legal history written by and published by . This book was released on 1997 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Papacy Religious Orders and International Politics in the Sixteenth and Seventeenth Centuries written by Autori Vari and published by Viella Libreria Editrice. This book was released on 2014-03-08T00:00:00+01:00 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the early modern age religious orders had to interpret papal strategies and directives in international politics in the light of a substantial ambiguity. They were loyal subjects of the pope, but also trusted agents and advisers of princes. They were operatives of the Holy See and, at the same time, of strategies not necessarily in line with Roman guidelines. This ambiguity resulted in conflicts, both overt and latent, between obedience to the pope and obedience to the sovereign, between membership in a universal religious order and individual «national» origins and personal ties, between observance of Roman directives and the need to maintain good relations with the authorities of the territory in which the religious orders lived and worked. This book aims to examine, through a series of case studies not only in Europe but also America and the Middle East, the roles played by religious orders in the international politics of the Holy See. It seeks to determine the extent to which the orders were mere objects or instruments; whether they were able to give life, more or less openly, to autonomous strategies, and for what reasons; and what awareness of their own identity groups or individuals developed in relation to the influences of international politics in an age of conflict.

Download or read book Index International survey of Roman law written by and published by . This book was released on 1998 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Liability arising from transport of dangerous goods by road written by Claudio D'Alonzo and published by FrancoAngeli. This book was released on 2021-04-09T00:00:00+02:00 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt: 380.404

Download or read book Between History and Histories written by Gerald M. Sider and published by University of Toronto Press. This book was released on 1997-01-01 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of case studies from around the world uses a new approach in historical anthropology, one that focuses on heterogeneity within cultures rather than coherence to explain how we commemorate certain events, while silencing others.

Download or read book Communicating the Environment to Save the Planet written by Maurizio Abbati and published by Springer. This book was released on 2019-02-21 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, based on authoritative sources and reports, links environmental communication to different fields of competence: environment, sustainability, journalism, mass media, architecture, design, art, green and circular economy, public administration, big event management and legal language. The manual offers a new, scientifically based perspective, and adopts a theoretical-practical approach, providing readers with qualified best practices, case studies and 22 exclusive interviews with professionals. A fluent style of writing leads the readers through specific details, enriching their knowledge without being boring. As such it is an excellent preparatory and interdisciplinary academic tool intended for university students, scholars, professionals, and anyone who would like to know more on the matter.

Download or read book L Aborto nelle sentenze delle corti costituzionali written by and published by . This book was released on 1976 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Quest for Compromise written by Howard Louthan and published by Cambridge University Press. This book was released on 1997-10-02 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: An account of religious moderation at the Habsburg court in late sixteenth-century Vienna.

Download or read book The Suffering of the Immigrant written by Abdelmalek Sayad and published by John Wiley & Sons. This book was released on 2018-03-19 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a major contribution to our understanding of the condition of the immigrant and it will transform the reader’s understanding of the issues surrounding immigration. Sayad’s book will be widely used in courses on race, ethnicity, immigration and identity in sociology, anthropology, cultural studies, politics and geography. an outstanding and original work on the experience of immigration and the kind of suffering involved in living in a society and culture which is not one’s own; describes how immigrants are compelled, out of respect for themselves and the group that allowed them to leave their country of origin, to play down the suffering of emigration; Abdelmalek Sayad, was an Algerian scholar and close associate of the French sociologist Pierre Bourdieu - after Sayad’s death, Bourdieu undertook to assemble these writings for publication; this book will transform the reader’s understanding of the issues surrounding immigration.

Download or read book Prigione in Africa written by and published by . This book was released on 1988 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Annuario di diritto comparato e di studi legislativi written by and published by . This book was released on 1964 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 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.