Download or read book Personal Autonomy the Private Sphere and the Criminal Law written by Peter Alldridge and published by . This book was released on 2001 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains original essays by a distinguished group of jurists from six different European countries confronting the increasing range of legal and philosophical issues arising from the relationship between privacy and the criminal law. The collection is particularly timely in light of the incorporation into English law of the European Convention on Human Rights. It compares legal cultures and underlying assumptions with regard to the private sphere,personal autonomy and the supposed justifications for State interference through criminalization and the implementation of substantive criminal law. The book moves from treatment of general ideas like the relationship between sovereignty, the nation-state and substantive criminal law in the new European context, (with its concomitant aspiration towards the establishment of transnational morality) to more detailed consideration of specific areas of substantive law and procedure, viewed from a range of perspectives. Areas considered include euthanasia, surrogacy, female genital mutilation and sado-masochism
Download or read book Personal Autonomy the Private Sphere and Criminal Law written by Peter Alldridge and published by Hart Publishing. This book was released on 2001-03 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study compares legal cultures and underlying assumptions about privacy, personal autonomy, and justifications for state intervention in individual behavior through criminal law, focusing primarily on England, Wales, and continental Europe. In theory , at least, Europeans increasingly share a common culture of basic individual rights and of standards against which to measure the legitimacy of state interference with them, as expressed by the European Convention on Human Rights and Fundamental Freedoms. At the same time, the development of a supra-national economic and social order is pushing national criminal justice systems further toward a shared instrumentalist perception of criminal law. Distributed by ISBS. c. Book News Inc.
Download or read book Scots Criminal Law written by Pamela R Ferguson and published by Edinburgh University Press. This book was released on 2015-01-01 with total page 798 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scots Criminal Law "e; A Critical Analysis provides a clear statement of the current law for students and practitioners, with a theoretical and critical focus. This new edition has been updated to reflect changes in the law since the first edition publishe
Download or read book Criminal Evidence written by Paul Roberts and published by Oxford University Press. This book was released on 2010-08-26 with total page 772 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on Adrian Zuckerman's 'The Principles of Criminal Evidence', this book presents a comprehensive treatment of the fundamental principles & underlying logic of the law of criminal evidence. It includes changes relating to presumption of innocence, privilege against self-incrimination, character, & the law of corroboration.
Download or read book Defining Rape Emerging Obligations for States under International Law written by Maria Eriksson and published by BRILL. This book was released on 2011-10-28 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: The crime of rape has been prevalent in all contexts, whether committed during armed conflict or in peacetime, and has largely been characterised by a culture of impunity. International law, through its branches of international human rights law, international humanitarian law and international criminal law, has increasingly condemned such violence and is progressively obliging states to prevent rape, whether committed by a state agent or a private actor.
Download or read book Privacy and the Criminal Law written by Erik Claes and published by Intersentia nv. This book was released on 2006 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Infocrime written by Eli Lederman and published by Edward Elgar Publishing. This book was released on 2016-03-25 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has often been said that information is power. This is more true in the information age than ever. The book profiles the tools used by criminal law to protect confidential information. It deals with the essence of information, the varieties of confidential information, and the basic models for its protection within the context of the Internet and social networks. Eli Lederman examines the key prohibitions against collecting protected information, and against using, disclosing, and disseminating it without authorization. The investigation cuts across a broad subject matter to discuss and analyze key topics such as trespassing and peeping, the human body as a source of information, computer trespassing, tracking and collecting personal information in the public space, surveillance, privileged communications, espionage and state secrets, trade secrets, personal information held by others, and profiling and sexting. Infocrime will appeal to graduate and undergraduate scholars and academics in the legal arena, in law schools and schools of communication, and to practicing lawyers with an interest in legal theory and a concern for the protection of the personal realm in a world of increasingly invasive technologies.
Download or read book Incivilities written by A P Simester and published by Bloomsbury Publishing. This book was released on 2006-10-13 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prohibitions against offensive conduct have existed for many years, but their extent and use was on the decline. Recently, however, several jurisdictions, including England and Wales, have moved to broaden the reach and severity of measures against incivilities. New measures include expanded targeting of unpopular forms of public conduct, such as begging, and legislation authorising magistrates to issue prohibitory orders against anti-social behaviour. Because these quality-of-life prohibitions can be so restrictive of personal liberties, it is essential to develop adequate guiding and limiting principles concerning State intervention in this area. This book addresses the legal regulation of offensive behaviour. Topics include: the nature of offensiveness; the grounds and permissible scope of criminal prohibitions against offensive behaviour; the legitimacy of civil orders against incivilities; and identifying the social trends that have generated current political interest in preventing incivilities through intervention of law. These questions are addressed by eleven distinguished philosophers, criminal law theorists, criminologists, and sociologists. In an area that has attracted much public comment but little theoretical analysis to date, these essays develop a fuller conceptual framework for debating questions about the legal regulation of offensive behaviour.
Download or read book Transforming International Criminal Justice written by Mark J. Findlay and published by Routledge. This book was released on 2005-06-01 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book sets out an agenda to transform international criminal trials and the delivery of international criminal justice to victim communities through collaboration of currently competing paradigms. It reflects a transformation of thinking about the comparative analysis of the trial process, and seeks to advance the boundaries of international criminal justice through wider access and inclusivity in an environment of rights protection.Collaborative justice is advanced as providing the future context of international criminal trials. The book's radical dimension is its argument for the harmonization of restorative and retributive justice within the international criminal trial. The focus is initially on the trial process, a key symbol of developing international styles of justice. It examines theoretical models and political applications of criminal justice through detailed empirical analysis, in order to explore the underlying relationship of theory and empirical study, applying the outcome in theory testing and policy evaluation in several different jurisdictions. The book injects a significant comparative dimension into the study of international criminal justice.This is achieved through searching the traditional foundations of internationalism in justice by employing an original methodology to enable a multi-dimensional exploration of contexts (local, regional and global), so recognising the importance of difference within an agenda suggesting synthesis.The book argues for a concept of international trial within a 'rights paradigm', understood against different procedural traditions and practices, and provides a detailed description of trials and trial decision-making in various jurisdictions. Transforming International Criminal Justice also sets out to develop effective research strategies as part of its interrogation of specific trial narratives and meanings in contemporary legal cultures. Key themes are those of internationalisation, fair trial and the exercise of discretion in justice resolutions (sentencing in particular), and the lay/professional relationship and its dynamics. Finally, the book provides a searching critique of the relevance of existing criminology and legal sociology in relation to international criminal justice, and speculates on trial transformation and the merger of retributive and restorative international criminal justice. comparative analysis of the criminal trial process internationallyargues for harmonization of retributive and restorative justice within the international criminal trialsets out an agenda to transform international criminal trials and the delivery of international criminal justice to victim communities
Download or read book Criminal Theory and International Human Rights Law written by Steven Malby and published by Routledge. This book was released on 2019-09-11 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The development of an international human rights jurisprudence on criminalization is in its relative infancy. Nonetheless, systematic examination of international decisions on acts engaging the criminal law reveals an emerging human rights approach to the acceptability, or not, of criminalization. This book provides an in-depth characterization of the reasoning and principles that underpin those decisions. The work builds upon and adds value to existing literature by bringing together two fields of study – international human rights law and criminal theory – that usually receive separate treatment. It provides an in-depth analysis of human rights criminalization jurisprudence and presents a systematic identification of underlying reasoning and concepts that influence international human rights decisions on criminalization. The work thus advances both fields independently, as well as providing an example of inter-(sub)disciplinary analysis. The book will be a valuable resource for academics and students working in the areas of International Human Rights Law, Criminal Law, and Moral Philosophy.
Download or read book Values in criminology and community justice written by Cowburn, Malcolm and published by Policy Press. This book was released on 2015-03-18 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: The way we think about crime and the way that society responds to it are imbued with values that can determine what is considered important and what gets attention. Sometimes values that are claimed may not be the values expressed in practice, as we see in the multiple and confusing discourses about victims and offenders, punishment and protection, rights and responsibilities. This collection of writings considers values in crime theory, criminal justice and research practice, uncovering the many different 'sides' – to echo Howard Becker's famous phrase – that criminologists, policy makers and researchers take. It spans Marxist, postmodernist and feminist perspectives on criminology, analyses of the dynamics of race, gender and age, research methods and ethics, the working of the criminal justice system and engages with current debates about new challenges for criminology, such as the green movement and Islamophobia. This is a timely and thought-provoking collection which will be of interest to academics and students in criminology and criminal justice, and on professional courses, such as probation and youth justice practice.
Download or read book Privacy Technology and the Criminal Process written by Andrew Roberts and published by Taylor & Francis. This book was released on 2023-07-28 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection considers the implications for privacy of the utilisation of new technologies in the criminal process. In most modern liberal democratic states, privacy is considered a basic right. Many national constitutions, and almost all international human rights instruments, include some guarantee of privacy. Yet privacy interests appear to have had relatively little influence on criminal justice policy making. The threat that technology poses to these interests demands critical re-evaluation of current law, policy, and practice. This is provided by the contributions to this volume. They offer legal, criminological, philosophical and comparative perspectives. The book will be of interest to legal and criminological scholars and postgraduate students. Its interdisciplinary methodology and focus on the intersection between law and technology make it also relevant for philosophers, and those interested in science and technology studies.
Download or read book Research Methods for Law written by Mike McConville and published by Edinburgh University Press. This book was released on 2017-01-18 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduces students to legalistic, theoretical, empirical, comparative and cross-disciplinary research methods, grounded in working examplesNew for this editionNew chapter on inter- and cross-disciplinary research essential reading for international students and students with a non-law first degree undertaking research in the areas of law, criminology, psychology and sociologyResearch ethics has been expanded to a full chapter that includes current plagiarism and imperfect disclosureBrings existing chapters up to date with the newest thinking in legal researchDrawing on actual research projects, Research Methods for Law discusses how legal research as process impacts on research as product. The author team has a broad range of teaching and research experience in law, criminal justice and socio-legal studies, and give examples from real-life research products to illustrate the theory.
Download or read book The Right Not to be Criminalized written by Dennis J. Baker and published by Routledge. This book was released on 2016-02-24 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents arguments and proposals for constraining criminalization, with a focus on the legal limits of the criminal law. The book approaches the issue by showing how the moral criteria for constraining unjust criminalization can and has been incorporated into constitutional human rights and thus provides a legal right not to be unfairly criminalized. The book sets out the constitutional limits of the substantive criminal law. As far as specific constitutional rights operate to protect specific freedoms, for example, free speech, freedom of religion, privacy, etc, the right not to be criminalized has proved to be a rather powerful justice constraint in the U.S. Yet the general right not to be criminalized has not been fully embraced in either the U.S. or Europe, although it does exist. This volume lays out the legal foundations of that right and the criteria for determining when the state might override it. The book will be of interest to researchers in the areas of legal philosophy, criminal law, constitutional law, and criminology.
Download or read book Privacy in the Republic written by Andrew Roberts and published by Taylor & Francis. This book was released on 2022-07-12 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book rethinks the idea of privacy. It argues that a satisfactory account of privacy should not limit itself to identifying why privacy might be valuable. It also needs to attend to the further question of how it can be secured in those circumstances in which it proves to be valuable. Drawing on republican ideas about the relationship between freedom and self-government, the book asserts that privacy is valuable, because it enables us to lead non-dominated lives. It prevents others from acquiring power to interfere in our choices – to remove options that would otherwise be available to us, and to manipulate our decision-making. It further examines the means through which citizens might exercise effective control over decisions and actions that affect their privacy and proposes a democratic theory of privacy. With the emergence of the ‘surveillance state,’ this volume will be indispensable for scholars, students, and researchers in political theory, political philosophy, law, and human and civil rights. It will be of particular interest to policymakers, lawyers, and human rights activists.
Download or read book Making the Modern Criminal Law written by Lindsay Farmer and published by Oxford University Press. This book was released on 2016-01-21 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Criminalization series arose from an interdisciplinary investigation into criminalization, focussing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications of offences? This, the fifth book in the series, offers a historical and conceptual account of the development of the modern criminal law in England and as it has spread to common law jurisdictions around the world. The book offers a historical perspective on the development of theories of criminalization. It shows how the emergence of theories of criminalization is inextricably linked to modern understandings of the criminal law as a conceptually distinct body of rules, and how this in turn has been shaped by the changing functions of criminal law as an instrument of government in the modern state. The book is structured in two main parts. The first traces the development of the modern law as a distinct, and conceptually distinct body of rules, looking in particular at ideas of jurisdiction, codification and responsibility. The second part then engages in detailed analysis of specific areas of criminal law, focusing on patterns of criminalization in relation to property, the person, and sexual conduct.
Download or read book The Mental Condition in Criminal Law written by Frans Koenraadt and published by Rozenberg Publishers. This book was released on 2007-12-31 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the Netherlands the vast majority of forensic mental health assessment on an in-patient basis is carried out at the Pieter Baan Centre, Utrecht, which has the legal status of a house of detention and observation centre. Suspects of serious offences are observed and assessed intensively for a period of seven weeks by a multidisciplinary team of experts. Not only has the enshrinement of forensic mental health diagnosis in the law led to the accentuation of an individualistic type of diagnosis but also makes it important for the expert to consider his position in the justice system. The various parts of the forensic mental health assessment are described in this volume as well as the legal enshrinement of the assessment, an international comparison of Dutch criminal law, the history of the hospital and a survey of relevant research. The Pieter Baan Centre has existed almost sixty years. Based on an extensive clinical experience, the authors offer an account of the way in which this hospital provides for forensic mental health reporting.
