Download or read book The Fear of Erring written by Ingo Rohrer and published by Springer Nature. This book was released on with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Punishment and Culture written by María José Falcón y Tella and published by BRILL. This book was released on 2006-05-01 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume critically explores the basis and the goal of punishment from the standpoint of the right to punish. Studies and works dedicated to punishment are scarce compared to those dedicated to Crime Theory or some aspect thereof. The book reviews the main doctrines that have dealt with the theme of punishment from Antiquity to the present, not limiting itself to the legal-philosophical sphere but also analyzing the contributions from other social sciences. It then explores how these are reflected in the sphere of Positive Law. Moving from the most abstract and general to the most concrete and specific, various themes relating to the concept of punishment are distinguished. These themes are not exactly equivalent but are, nevertheless, often confused with one another. They are: Punishment; Punitive Practice; Sentence and Penalty. Of these the third – Sentence, which is almost the least generic concept dealt with, having to do with that area of law which basically constitutes Criminal Law – forms the central part of the work. In this section, via a dual structure, the distinction is made between punishments and deterrents, as the prime types of punitive practice, with a distinct historical tradition, diverse bases and functions, around which different sorts of theories and schools have developed. The book ends with a series of critical conclusions as to what, in the opinion of the authors, should be a correct conception of punishment.

Download or read book Normativity and Norms written by Stanley L. Paulson and published by Oxford University Press. This book was released on 1998 with total page 820 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using newly translated papers and some of the best extant writings on Kelsen's theory, this volume covers topics including competing ideas on the nature of law, legal validity, legal powers and the unity of municipal and international law.

Download or read book The Paradoxes of Action written by Daniel González Lagier and published by Springer Science & Business Media. This book was released on 2013-03-09 with total page 145 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book suggests answers, or at least presents conceptual tools for finding answers, to questions such as: What is an action, and what is an omission? Can actions be counted? What is the role of intention for the identification of actions? The author offers an original approach to the analysis of action. Written in a very accessible style, the book is of interest to lawyers, legal scientists and philosophers.

Download or read book Philosophical Analysis in Latin America written by J.J. Gracia and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: Historians of Latin American philosophy have paid relatively little attention to the development of philosophical analysis in Latin America. There are two reasons for this neglect: First, they have been primarily concerned with the forma tive period of philosophical development, in particular with the so called "founders" of La ti n American philosophy. And second. philosophical analysis did not become a noticeable philosophical trend in Latin America until recent years. True. a nunber of Latin American philosophers took notice of Moore. Russell. the members of the Vienna Circle and other important figures in the analytic movement qui te early. But these were isolated instances that lacked the sustained effort and broad base indispensible to make a serious impact in the development of Latin American philosophy. That has changed now. There are not only good numbers of philosophers who work within the analytic tradition, but also some journals and institutes dedicated to the analytic mode of philosophizing. It is. therefore. most appropriate to publish a collection of articles which would introduce the reader of philosophy to the most representative analytic material produced so far in Latin America. Indeed. it is not only appropriate. but also necessary. since most of the published analytic literature to date is scattered in various journals, sometimes of difficult access. Moreover, not all that has been published is representative of the best already produced and of the potential that the movement has in Latin America.

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 The Justice Cascade How Human Rights Prosecutions Are Changing World Politics The Norton Series in World Politics written by Kathryn Sikkink and published by W. W. Norton & Company. This book was released on 2011-09-26 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Acclaimed scholar Kathryn Sikkink examines the important and controversial new trend of holding political leaders criminally accountable for human rights violations. Grawemeyer Award winner Kathryn Sikkink offers a landmark argument for human rights prosecutions as a powerful political tool. She shows how, in just three decades, state leaders in Latin America, Europe, and Africa have lost their immunity from any accountability for their human rights violations, becoming the subjects of highly publicized trials resulting in severe consequences. This shift is affecting the behavior of political leaders worldwide and may change the face of global politics as we know it. Drawing on extensive research and illuminating personal experience, Sikkink reveals how the stunning emergence of human rights prosecutions has come about; what effect it has had on democracy, conflict, and repression; and what it means for leaders and citizens everywhere, from Uruguay to the United States. The Justice Cascade is a vital read for anyone interested in the future of world politics and human rights.

Download or read book Who Is Rigoberta Mench written by Greg Grandin and published by Verso Books. This book was released on 2011-08-23 with total page 106 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1984, indigenous rights activist Rigoberta Mench published a harrowing account of life under a military dictatorship in Guatemala. That autobiography-I, Rigoberta Mench-transformed the study and understanding of modern Guatemalan history and brought its author international renown. She won a Nobel Peace Prize in 1992. At that point, she became the target of historians seeking to discredit her testimony and deny US complicity in the genocidal policies of the Guatemalan regime. Told here is the story of an unlettered woman who became the spokesperson for her people and clashed with the intellectual apologists of the world's most powerful nation. What happened to her autobiography speaks volumes about power, perception and race on the world stage. This critical companion to Mench's work will disabuse many readers of the lies that have been told about this courageous individual.

Download or read book Essays in Legal Philosophy written by Eugenio Bulygin and published by OUP Oxford. This book was released on 2015-07-09 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Eugenio Bulygin is a distinguished representative of legal science and legal philosophy as they are known on the European continent - no accident, given the role of the civil law tradition in his home country, Argentina. Over the past half-century, Bulygin has engaged virtually all major legal philosophers in the English-speaking countries, including H.L.A. Hart, Ronald Dworkin, and Joseph Raz. Bulygin's essays, several written together with his eminent colleague and close friend Carlos E. Alchourrón, reflect the genre familiar from Alf Ross's On Law and Justice, Hans Kelsen's Pure Theory of Law, and Georg Henrik von Wright's Norm and Action. Bulygin's wide-ranging interests include most of the topics found under the rubric of analytical jurisprudence - interpretation and judicial reasoning, validity and efficacy of law, legal positivism and the problem of normativity, completeness and consistency of the legal system, the nature of legal norms, and the role of deontic logic in the law. The reader will take delight in the often agreeably unorthodox character of Bulygin's views and in his hard-hitting arguments in defence of them. He challenges the received opinion on gaps in the law, on legal efficacy, on permissory norms, and on the criteria for legal validity. Bulygin's essays have been wellnigh inaccessible in the past, appearing in specialized journals, often in Spanish or German. They are now available for the first time in an English-language collection.

Download or read book Corporate Compliance on a Global Scale written by Stefano Manacorda and published by Springer Nature. This book was released on 2021-11-25 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume presents an innovative and critical analysis of corporate compliance from an interdisciplinary and international perspective. It defines the historical framework and the various roles played by corporate compliance in today's context. It questions how different cultures affect economic behaviors and under which conditions the individual choices may be directed toward law-abiding behavior. Examining corporate compliance as a tool of criminal and regulatory policy strategies in different countries and sectors, this book also aims to provide a picture of the dimension and scope of the public-private partnership, focusing on the prevention and detection of corporate crimes. It analyzes the effects of corporate compliance on the internal organization in terms of cost-benefit assessment, as well as the opportunities in technical innovation for detecting and controlling risk.

Download or read book Who Is Rigoberta Menchu written by Greg Grandin and published by Verso Books. This book was released on 2011-08-23 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1984, indigenous rights activist Rigoberta Menchú published a harrowing account of life under a military dictatorship in Guatemala. That autobiography—I, Rigoberta Menchú—transformed the study and understanding of modern Guatemalan history and brought its author international renown. She won a Nobel Peace Prize in 1992. At that point, she became the target of historians seeking to discredit her testimony and deny US complicity in the genocidal policies of the Guatemalan regime. Told here is the story of an unlettered woman who became the spokesperson for her people and clashed with the intellectual apologists of the world’s most powerful nation. What happened to her autobiography speaks volumes about power, perception and race on the world stage. This critical companion to Menchú’s work will disabuse many readers of the lies that have been told about this courageous individual.

Download or read book Food Regulation and Criminal Justice written by Nieto Martín and published by Maklu. This book was released on 2017-06-09 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: This issue is the first milestone on the way to the XXth AIDP World Congress dedica-ted to ‘Criminal Justice and Corporate Business’. It brings together key proceedings of the International Colloquium on ‘Food Regulation and Criminal Justice’, organised by the Chinese group of the AIPD in Beijing on September 23rd-26th, 2016. The volume contains the resolutions adopted in Beijing, the general report, four transversal articles, and several national reports. It offers a broad overview of the main challenges raised by contemporary food regulation, as well as various responses provided by criminal law around the globe. The contributions deal with issues concerning food security, food safety, and food fraud. They pay particular attention to the international dimension, the interaction with administrative enforcement mechanisms, and the increasing relevance of self-regulation.

Download or read book Allowing for Exceptions written by Luís Duarte d'Almeida and published by OUP Oxford. This book was released on 2015-03-26 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: You find yourself in a court of law, accused of having hit someone. What can you do to avoid conviction? You could simply deny the accusation: 'No, I didn't do it'. But suppose you did do it. You may then give a different answer. 'Yes, I hit him', you grant, 'but it was self-defence'; or 'Yes, but I was acting under duress'. To answer in this way-to offer a 'Yes, but. . .' reply-is to hold that your particular wrong was committed in exceptional circumstances. Perhaps it is true that, as a rule, wrongdoers ought to be convicted. But in your case the court should set the rule aside. You should be acquitted. Within limits, the law allows for exceptions. Or so we tend to think. In fact, the line between rules and exceptions is harder to draw than it seems. How are we to determine what counts as an exception and what as part of the relevant rule? The distinction has important practical implications. But legal theorists have found the notion of an exception surprisingly difficult to explain. This is the longstanding jurisprudential problem that this book seeks to solve. The book is divided into three parts. Part I, Defeasibility in Question, introduces the topic and articulates the core puzzle of defeasibility in law. Part II, Defeasibility in Theory, develops a comprehensive proof-based account of legal exceptions. Part III, Defeasibility in Action, looks more closely into the workings of exceptions in accusatory contexts, including the criminal trial.

Download or read book Justifying Taxes written by Agustín José Menéndez and published by Springer Science & Business Media. This book was released on 2013-03-14 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justifying Taxes offers readers some of the elements of a democratic tax law, considered within its political and philosophical context in order to determine the extent of legitimate tax obligations. The objective is to revisit some of the issues in the dogmatics of tax law from the viewpoint of a critical citizen, always ready to ask questions about the justification underlying her obligations, and especially about her paramount burden, viz., the payment of certain amounts of money. Within this purview, special attention is paid to the general principles of taxation. The argument is complemented by a detailed reconstruction of constitutional reasoning in tax matters, close attention being paid to the jurisprudence of the Spanish Tribunal Constitucional. Readership: Legal scholars, political scientists and philosophers. Especially recommended to graduate and undergraduate students of Tax Law, Constitutional Law, Jurisprudence, Philosophy of Law and Political Theory.

Download or read book Uncertain Causation in Tort Law written by Miquel Martín-Casals and published by Cambridge University Press. This book was released on 2015-11-19 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: This discussion of causal uncertainty in tort liability adopts a comparative approach in order to highlight the important normative, epistemological and procedural implications of the various proposed solutions. Occupying a middle ground between the legal perspective and the philosophical views that are at stake when it comes to the resolution of tort law cases in a context of causal uncertainty, the arguments will be of great interest to legal scholars, legal philosophers and advanced tort law students.

Download or read book Explaining Tort and Crime written by Matthew Dyson and published by Cambridge University Press. This book was released on 2022-07-21 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tracing almost 200 years of history, Explaining Tort and Crime explains the development of tort law and criminal law in England compared with other legal systems. Referencing legal systems from around the globe, it uses innovative comparative and historical methods to identify patterns of legal development, to investigate the English law of fault doctrine across tort and crime, and to chart and explain three procedural interfaces: criminal powers to compensate, timing rules to control parallel actions, and convictions as evidence in later civil cases. Matthew Dyson draws on decades of research to offer an analysis of the field, examining patterns of legal development, visible as motifs in the law of many legal systems.

Download or read book The Ethics of Human Rights written by Carlos Santiago Nino and published by Oxford University Press, USA. This book was released on 1991 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: 4.2. The Liberal Retreat