Download or read book Criminal Law Making written by José Becerra and published by Springer Nature. This book was released on 2021-05-29 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book intends to contribute to the consolidation of the new approach to lawmaking that has taken place in the last 20 years in legal philosophy and legal theory, spreading to other legal fields, especially criminal law. This new legislation science focusing on criminal problems has triggered a growing interest in the field, a dynamic which has led to a long-needed convergence of disciplines such as administrative law, criminal law, criminology, political science, sociology and, of course, legal philosophy to contribute to a more rational decision-making process for the construct of criminal laws. With the intention to continue on with the building of a solid “Criminal Legislation Science”, this work presents scholars, lawmakers and students various emblematic approaches to enrich the discussion about different and promising tools and theoretical frameworks.
Download or read book Punitivity Insecurity and punitiveness written by Helmut Kury and published by Brockmeyer Verlag. This book was released on 2011 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Criminology and Criminal Policy Movements written by Eugenio Raúl Zaffaroni and published by Rowman & Littlefield. This book was released on 2013 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: "These studies recover the historical roots of thinking that are in conflict with, and critical of, present-day tendencies. Criminological theory over the last few decades has oscillated between extremes: on one side there are calls for increasing the state exercise of punitive power as the only means of providing security, in the face of both urban and international rime; while the other side highlights the need for reducing the exercise of punitive power because of the paradoxical effects that it produces. Useful for academics, practitioners, professionals and students, this book will certainly contribute to a wider awareness in crime prevention and criminal justice."--Publisher's website.
Download or read book Punishment in Latin America written by Luiz Dal Santo and published by Emerald Group Publishing. This book was released on 2024-11-21 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenging the Northern-centric approach that has dominated the literature on punishment-and-society, this collection draws on innovative theoretical perspectives to make sense of punishment, penal trends, institutions and practices in peripheral settings, taking Latin American countries as its case studies.
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 Crisis of the Criminal Law in the Democratic Constitutional State written by Eduardo Demetrio Crespo and published by Springer Nature. This book was released on 2023-03-13 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book shares the results of project research granted by the Castilla-La Mancha government, which has been composed by philosophers of law and criminal law researchers, whose main conclusions are represented by the manifestations and trends of the current crisis of the constitutional State. The works identify these trends and manifestations in order to develop alternatives and remedies to solve the current negation process that classical liberties are involved, from the point of view of philosophy, policy, and dogmatic.
Download or read book Victim Policies and Criminal Justice on the Road to Restorative Justice written by Tony Peters and published by Leuven University Press. This book was released on 2001 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume contains 22 papers organized into three sections under the following headings: part I is entitled On Promoting Victim Policies; Part II On Reforming Criminal Justice; and Part III On Restorative Justice. All three areas are ones to which Tony Peters, former Professor of Criminology in Leuven, has made a significant contribution and for which he is known as an international authority. During his long and productive academic career Tony Peters led many struggles for criminal justice reform. He was a leading figure in the movement to recognize crime victims' plight and to reaffirm their rights. In Belgium, he spearheaded the early initiatives in restorative justice and became one of its outspoken proponents nationally and internationally. There is no doubt that these three major topics and the various developments and reforms that are addressed in the papers will dominate the thinking about, and the practice of, criminal justice in the years to come. Thus, in addition to paying homage to a congenial friend and an illustrious colleague, it is hoped that this book will appeal and prove useful to all those who have an interest in victims issues, in criminal justice reform, and last but not least, in the promising paradigm of restorative justice.
Download or read book New Forms of Human Trafficking written by Anabela Miranda Rodrigues and published by Springer Nature. This book was released on with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Paradox of Violence in Venezuela written by David Smilde and published by University of Pittsburgh Press. This book was released on 2023-05-30 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: Crime and violence soared in twenty-first-century Venezuela even as poverty and inequality decreased, contradicting the conventional wisdom that these are the underlying causes of violence. The Paradox of Violence in Venezuela explains the rise of violence under both Hugo Chávez and Nicolás Maduro—leftist presidents who made considerable investment in social programs and political inclusion. Contributors argue that violence arose not from the frustration of inequality, or the needs created by poverty, but rather from the interrelated factors of a particular type of revolutionary governance, extraordinary oil revenues, a reliance on militarized policing, and the persistence of concentrated disadvantage. These factors led to dramatic but unequal economic growth, massive institutional and social change, and dysfunctional criminal justice policies that destabilized illicit markets and social networks, leading to an increase in violent conflict resolution. The Paradox of Violence in Venezuela reorients thinking about violence and its relationship to poverty, inequality, and the state.
Download or read book Desaparici n forzada de personas y equivalencia funcional Una propuesta de recepci n del derecho penal internacional written by Francisco Javier Dondé Matute and published by Editorial Ink. This book was released on 2023-11-22 with total page 121 pages. Available in PDF, EPUB and Kindle. Book excerpt: El presente estudio busca resolver un problema en la aplicación del derecho internacional: la implementación de tipos penales en la ley penal nacional a partir de las obligaciones internacionales. El dilema jurídico consiste en conciliar las obligaciones que tienen los Estados, derivadas de los tratados de represión penal, con las exigencias del derecho penal democrático, previsto en las constituciones y en los derechos humanos. A este ejercicio de equilibrio se le denomina técnica de la equivalencia funcional. Se toma como modelo de aplicación la desaparición forzada de personas por la complejidad del crimen internacional. Su regulación internacional está prevista en diversos tratados, las conductas son diversas pero entrelazadas y los elementos son diferentes. Así, es un buen caso de estudio para la aplicación de esta técnica. Además, el estudio se realiza con base en la legislación mexicana, que sirve también como modelo de análisis dentro de un marco legal ya existente.
Download or read book Towards a Rational Legislative Evaluation in Criminal Law written by Adán Nieto Martín and published by Springer. This book was released on 2016-08-27 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book launches a debate on the need to evaluate criminal policies and, what is more complex and ambitious, to develop an evaluation method. The contributions address topics such as the general methodology for evaluating public policy, preparing criminal statistics, and analyzing costs, cost-effectiveness and cost benefits. Additionally, the work explores the state of affairs in various countries including Spain, Sweden, USA, Germany and in the EU. It also examines issues such as the relationship between legislative evaluation and criminal principles and the constitutional courts’ control over criminal acts.
Download or read book Social Exclusion and the Criminal Justice System written by Elisa García-España and published by Taylor & Francis. This book was released on 2024-06-03 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the results of the latest in a long-running research project using the RIMES instrument, developed by scholars in Spain. Here, RIMES is used to measure the extent of social exclusion resulting from the penal system in comparative perspective. The volume shows the results of the application of the instrument in seven criminal justice systems: Germany, Italy, Spain, Poland, England and Wales, California, and New York. Divided into two parts, the first provides a general overview of the RIMES instrument, including a discussion of the theoretical model and the methodology. The second part focuses on the results of the application of RIMES in the seven jurisdictions. The comparative results are organised according to the nine dimensions included in the RIMES instrument: control of public spaces; legal safeguards; sentencing and sanctions systems; harshest penalties; prison rules; preventive intervention; legal and social status of offenders and ex-offenders; police and criminal records; and youth criminal justice. The last chapter summarizes the comparative results and ranks them in terms of the findings on social exclusion. The book will be of interest to academics, researchers and policy-makers working in the areas of Comparative Criminal Justice, Criminology, Criminal Law and Policy.
Download or read book Law and Society in Latin America written by Cesar Garavito and published by Routledge. This book was released on 2014-09-04 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past two decades, legal thought and practice in Latin America have changed dramatically: new constitutions or constitutional reforms have consolidated democratic rule, fundamental innovations have been introduced in state institutions, social movements have turned to law to advance their causes, and processes of globalization have had profound effects on legal norms and practices. Law and Society in Latin America: A New Map offers the first systematic assessment by leading Latin American socio-legal scholars of the momentous transformations in the region. Through an interdisciplinary and comparative lens, contributors analyze the central advances and dilemmas of contemporary Latin American law. Among them are pioneering jurisprudence and legal mobilization for the fulfillment of socioeconomic rights in a highly unequal region, the rise of multicultural constitutionalism and legal struggles around identity politics, the globalization of legal education and practice, tensions between developmental policies and environmental justice, and the emergence of a regional human rights system. These and other processes have not only radically altered the institutional landscape of the region, but also produced academic and practical innovations that are of global interest and defy conventional accounts of Latin American law inherited from law-and-development studies. Painting a portrait of the new Latin American legal thought for an international audience, Law and Society in Latin America: A New Map will be of particular interest to students of comparative law, legal mobilization, and Latin American politics.
Download or read book Dual Markets written by Ernesto U. Savona and published by Springer. This book was released on 2017-11-14 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive volume analyzes dual markets for regulated substances and services, and aims to provide a framework for their effective regulation. A “dual market” refers to the existence of both a legal and an illegal market for a regulated product or service (for example, prescription drugs). These regulations exist in various countries for a mix of public health, historical, political and cultural reasons. Allowing the legal market to thrive, while trying to eliminate the illegal market, provides a unique challenge for governments and law enforcement. Broken down into nine main sections, the book studies comparative international policies for regulating these “dual markets” from a historical, legal, and cultural perspective. It includes an analysis of the markets for psychoactive substances that are illegal in most countries (such as marijuana, cocaine, opiods and amphetimines), psychoactive substances which are legal in most countries and where consumption is widespread (such as alcohol and tobacco), and services that are generally regulated or illegal (such as sports betting, the sex trade, and gambling). For each of these nine types of markets, contributions focus on the relationship between regulation, the emerging illegal market, and the resulting overall access to these services. This work aims to provide a comprehensive framework from a historical, cultural, and comparative international perspective. It will be of interest to researchers in criminology and criminal justice, particularly with an interest in organized crime, as well as related fields such as sociology, public policy, international relations, and public health.
Download or read book Conceptions and Misconceptions of Legislation written by A. Daniel Oliver-Lalana and published by Springer. This book was released on 2019-06-14 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together an international group of legal scholars to discuss different approaches to lawmaking. As well as reflecting the diversity of legisprudence as a re-emerging academic field, it offers a broad overview of current developments and challenges in the theory of legislation, and aspires, moreover, to counterbalance some questionable ideas or misconceptions, widespread among jurists, on what making laws entails. The book is organized into three parts. The first comprises a sample of ‘ways and models of legislation’, ranging from classic legislative ideals to contemporary forms of regulation. The essays in this part, variances of focus notwithstanding, revolve around the notions of legislative rationality, quality, effectiveness, and legitimacy, which may be regarded as the cornerstones of legisprudence. Interwoven with these notions is another core legisprudential concern: the justification of laws. We address it separately in the next part by exploring the connection between lawmaking, argumentation and constitutional democracy: under the heading ‘legislation in a culture of justification’, a number of aspects of this connection are tackled that have not been sufficiently considered so far in legisprudential literature, such as the intricacies of legislative reasoning and balancing, or the justificatory problems posed by special-interest legislation. The under privileged status of legisprudence in legal studies and the need for socially attentive and citizen-oriented legislative research come to the fore in the third part of the book which turns to the relationships between ‘legisprudence, lawyers, and citizens’. All in all, the thirteen articles gathered here provide a stimulating insight into the theory of legislation, and can hopefully contribute to the reconciliation of the study of law and the study of its making.
Download or read book Lawfare Judicial Warfare in Spain written by Damià Del Clot and published by Liverpool University Press. This book was released on 2023-04-01 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: For centuries, the Spanish state has proved to be an expert system for repressing political dissent and any threat that could jeopardize the maintenance of the status quo. It has done so using all the institutions and all the areas of power that were necessary, for the end has always justified the means. Carles Mundo, Catalan Minister of Justice, 2016-2017. There is no book in Spain that talks about lawfare. Nor is there a book that deals with the system of judicial repression of political dissidence deployed by the Franco regime. Nor is there a book that denounces the judicial system inherited from the dictatorial regime and that was later embodied in the 1978 Constitution. Lawfare (the combination of law and warfare) thus fills a void to the extent that it penetrates the authoritarian judicial system and highlights the democratic deficits of the Spanish judiciary. The politicization of justice began with the appointment, as president of the Constitutional Court, of a prominent member of the Peoples Party (Partido Popular PP) in 2013. Thereon started a process of judicialization of politics via reform of the Organic Law of the Court Constitutional. The referendums of November 9, 2014 and October 1, 2017 entailed the criminalization of the Catalan independence movement and a drastic reduction in fundamental rights linked to the exercise of political choice. This was confirmed by the judgment handed down by the Supreme Court in 2019, culminating in a lawfare strategy that has led to the criminal conviction of two presidents of the Generalitat Artur Mas and Joaquim Torra and the exile of a third president, Carles Puigdemont. Lawfare is the first book to link in a broad way the thinking of German jurists of the Nazi period to the training of judges in Spain both up to and during the Franco regime, and beyond. Published in collaboration with the Department of International History, London School of Economics
Download or read book Multilevel Protection of the Principle of Legality in Criminal Law written by Mercedes Pérez Manzano and published by Springer. This book was released on 2017-10-24 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the simultaneous protection of fundamental rights by various norms and jurisdictional organs, focussing on the multilevel protection of the principle of legality in Criminal Law.Written by accredited specialists in criminal law, constitutional law, international public law, and the philosophy of law, the majority of them ex-Counsels of the Spanish Constitutional Court, it addresses various manifestations of the principle of legality: the requirement of precision, the judicial subjection to law and the prohibition of bis in idem. It does so not only from a theoretical perspective, but also through a comparative study of the jurisdiction of the European Court of Human Rights, the Inter-American Court of Human Rights, the Court of Justice of the European Union and state constitutional courts. This practical approach characterizes the book, which culminates in a detailed analysis of the relevant ECtHR Judgement Del Río Prada v. Spain on the retroactivity of unfavourable jurisprudence."Multilevel protection of the principle of legality in Criminal Law" is a useful instrument of reflection for scholars of both the principle of criminal legality and the problems that arise from the concurrency of protective jurisdictions of human rights.
