Download or read book The Defence of Superior Orders in Roman Law written by David Daube and published by . This book was released on 1956 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Defense of Superior Orders in Roman Law written by David Daube and published by . This book was released on 1956 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Defence of Obedience to Superior Orders in International Law written by Yoram Dinstein and published by OUP Oxford. This book was released on 2012-10-25 with total page 1387 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first comprehensive monograph on the defence of superior orders after the second world war, which remains pre-eminent in the field, the republication of this highly-sophisticated work once again makes this book available to scholars and students in the field. First published in 1965, Yoram Dinstein set the standard for future analysis of this issue, providing a ground-breaking interpretation that integrated domestic and international law to provide a subtle and nuanced challenge to the countervailing perceptions of the time, shaped as they were by the Nuremburg and Eichmann trials. The recent jurisprudence of the ad hoc Tribunals has shown remarkably similar analyses to those offered by Dinstein in this book, demonstrating that this key work remains relevant today. Reviewing the relevant precedents that existed at the time, this book shows that superior orders were not, in and of themselves, a defence, but that orders were relevant to other defences, and therefore should not be entirely ignored. Assessing the issue on a conceptual and practical level, and offering an extraordinary level of detail, this is a is a seminal work in international criminal law. It makes required reading for scholars, students, and practitioners of international criminal law.
Download or read book The History of Law in Europe written by Bart Wauters and published by Edward Elgar Publishing. This book was released on 2017-04-28 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprehensive and accessible, this book offers a concise synthesis of the evolution of the law in Western Europe, from ancient Rome to the beginning of the twentieth century. It situates law in the wider framework of Europe’s political, economic, social and cultural developments.
Download or read book The Defence of obedience to Superior Orders written by Yoram Dinstein and published by . This book was released on 1965 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Oxford Handbook of Criminal Law written by Markus D Dubber and published by OUP Oxford. This book was released on 2014-11-27 with total page 1294 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.
Download or read book Commentary on the Law of the International Criminal Court written by Mark Klamberg and published by Torkel Opsahl Academic EPublisher. This book was released on 2017-04-29 with total page 819 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Laws of Yesterday s Wars 2 written by Samuel C. Duckett White and published by BRILL. This book was released on 2022-08-22 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: How international is international humanitarian law? The Laws of Yesterday's Wars 2: From Ancient India to East Africa, together with its companion volume, The Laws of Yesterday’s Wars: From Indigenous Australians to the American Civil War (Brill-Nijhoff, 2021), attempts to answer that question. It offers a culture-by-culture account of various unique restrictions placed on warfare over time. Containing essays by a range of laws of war academics and practitioners, it approaches the laws of yesterday’s wars from a wide cross-section of history and culture, seeking to find any common ground and to demonstrate a history of international law outside the usual confines of its ‘development’ by Europeans and its later ‘contributions.’ This volume includes studies on Japanese, Islamic and Eastern Native American rules of war.
Download or read book Defense Perspectives on International Criminal Justice written by Colleen Rohan and published by Cambridge University Press. This book was released on 2017-04-27 with total page 629 pages. Available in PDF, EPUB and Kindle. Book excerpt: This examination of the role of the defense in international criminal proceedings highlights its contribution to the development of international criminal law and the fair administration of international criminal justice. Written by leading international practitioners and scholars, it combines the practice and theory of international criminal law in order to provide a first-hand perspective on the significant challenges involved in the administration of international criminal justice. The authors examine, among other issues, the role of the defense during the different stages of international criminal proceedings, the key aspects of defense work which seek to ensure the accused's right to a fair trial, professional ethics, the United Nations Residual Mechanism for International Tribunals, and post-conviction remedies and issues relating to those serving prison sentences.
Download or read book Military Obedience written by Nico Keijzer and published by Brill Archive. This book was released on 1978-11-30 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Obeying Orders written by Mark J. Osiel and published by Transaction Publishers. This book was released on with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Civil Disobedience in Antiquity written by David Daube and published by Wipf and Stock Publishers. This book was released on 2011-08-03 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book derives from the Messenger Lectures at Cornell. In it Daube provides a synoptic view of nonviolent civil disobedience in the Ancient World. His learning lets him draw freely on Greek and Roman sources--theological, legal historical, literary, dramatic, and popular. From these he shows that there is hardly a variety of civil disobedience known today which is not anticipated in some form or another by the ancients. Is this book more than an entertaining exercise of scholarship? Professor Daube writes, "To speak through historical figures is sometimes wiser than to declare in one's own name. The word 'person' originally means a mask . . . Civil disobedience can at all times profitably avail itself of persons."
Download or read book Obeying Orders written by Mark J. Osiel and published by Routledge. This book was released on 2017-07-05 with total page 555 pages. Available in PDF, EPUB and Kindle. Book excerpt: A soldier obeys illegal orders, thinking them lawful. When should we excuse his misconduct as based in reasonable error? How can courts convincingly convict the soldier's superior officer when, after Nuremberg, criminal orders are expressed through winks and nods, hints and insinuations? Can our notions of the soldier's "due obedience," designed for the Roman legionnaire, be brought into closer harmony with current understandings of military conflict in the contemporary world? Mark J. Osiel answers these questions in light of new learning about atrocity and combat cohesion, as well as changes in warfare and the nature of military conflict. Sources of atrocity are far more varied than current law assumes, and such variations display consistent patterns. The law now generally requires that soldiers resolve all doubts about the legality of a superior's order in favor of obedience. It excuses compliance with an illegal order unless the illegality - as with flagrant atrocities - would be immediately obvious to anyone. But these criteria are often in conflict and at odds with the law's underlying principles and policies. Combat and peace operations now depend more on tactical imagination, self-discipline, and loyalty to immediate comrades than on immediate, unreflective adherence to the letter of superiors' orders, backed by threat of formal punishment. The objective of military law is to encourage deliberative judgment. This can be done, Osiel suggests, in ways that enhance the accountability of our military forces, in both peace operations and more traditional conflicts, while maintaining their effectiveness. Osiel seeks to "civilianize" military law while building on soldiers' own internal ideals of professional virtuousness. He returns to the ancient ideal of martial honor, reinterpreting it in light of new conditions, arguing that it should be implemented through realistic training in which legal counsel plays an enlarged role rather than by threat of legal prosecuti
Download or read book The Historical and Institutional Context of Roman Law written by George Mousourakis and published by Routledge. This book was released on 2017-03-02 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Roman law forms an important part of the intellectual background of many legal systems currently in force in continental Europe, Latin America and other parts of the world. This book traces the historical development of Roman law from the earliest period of Roman history up to and including Justinian's codification in the sixth century AD. It examines the nature of the sources of law, forms of legal procedure, the mechanisms by which legal judgments were put into effect, the development of legal science and the role of the jurists in shaping the law. The final chapter of the book outlines the history of Roman law during the Middle Ages and discusses the way in which Roman law furnished the basis of the civil law systems of continental Europe. The book combines the perspectives of legal history with those of social, political and economic history. Special attention is given to the political development of the Roman society and to the historical events and socio-economic factors that influenced the growth and progress of the law. Designed to provide a general introduction to the history of Roman law, this book will appeal to law students whose course of studies includes Roman law, legal history and comparative law. It will also prove of value to students and scholars interested in ancient history and classics.
Download or read book The Matrix of Insanity in Modern Criminal Law written by Gabriel Hallevy and published by Springer. This book was released on 2015-06-30 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book challenges the assumptions of modern criminal law that insanity is a natural, legally and medically defined phenomenon (covering a range of medical disorders). By doing so, it paves the way for a new perspective on insanity and can serve as the basis for a new approach to insanity in modern criminal law. The book covers the following aspects: the structure of the principle of fault in modern criminal law, the development of the insanity defense in criminal law, tangential in personam defenses in criminal law and their implications for insanity and the legal mechanism of reproduction of fault. The focus is on the Anglo-American and European-Continental legal systems. Given the attention consistently drawn by international and domestic events in this context, the book will be of interest to a broad and growing international audience.
Download or read book Superior Orders in National and International Law written by L C Green and published by Martinus Nijhoff Publishers. This book was released on 1976-06 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Complete Letters written by Pliny (the Younger.) and published by OUP Oxford. This book was released on 2006-10-12 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pliny's letters provide a fascinating insight into Roman life in the period 97 to 112 AD. They document politics, social life, religion, the educational system, the treatment of slaves and include a vivid description of the eruption of Vesuvius. This is a lively and sympathetic new translation. - ;'Gaius Pliny sends greetings to his friend Septicius Clarus...' In these letters to his friends and relations, Pliny provides a fascinating insight into Roman life in the period 97 to 112 AD. Part autobiography, part social history, they document the career and interests of a senator and leading imperial official whose friends include the historians Tacitus and Suetonius. Pliny's letters cover a wide range of topics, from the contemporary political scene to domestic affairs, the educational system, the rituals and conduct of Roman religion, the treatment of slaves, and the phenomena of nature. He describes in vivid detail the eruption of Vesuvius which killed his uncle, and the daily routines of a well-to-do Roman in the courts, and at leisure, enjoying rural pursuits at his country estates. In the introduction to his lively and sympathetic new translation, P.G. Walsh examines the background to these often intimate and enthralling letters. -
