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 The Rule of Law in Comparative Perspective written by Mortimer Sellers and published by Springer Science & Business Media. This book was released on 2010-07-23 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume compares the different conceptions of the rule of law that have developed in different legal cultures. It describes the social purposes and practical applications of the rule of law and how it might be improved in the varied circumstances.
Download or read book Proceedings written by and published by . This book was released on 1992 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Historical Pollution written by Francesco Centonze and published by Springer. This book was released on 2017-08-05 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines legal matters regarding the prevention and fighting of historical pollution caused by industrial emissions. "Historical pollution" refers to the long-term or delayed onset effects of environmental crimes such as groundwater or soil pollution. Historical Pollution presents and compares national legal approaches, including the most interesting and effective mechanisms for managing environmental problems in relation with historical pollution. It features interdisciplinary and international comparisons of traditional and alternative justice mechanisms. This book will be of interest to researchers in criminology and criminal justice and related areas, such as politics, law, and economics, those in the public and private sectors dealing with environmental protection, including international institutions, corporations, specialized national agencies, those involved in the criminal justice system, and policymakers.
Download or read book The Handbook of Comparative Criminal Law written by Kevin Jon Heller and published by Stanford University Press. This book was released on 2010-12-01 with total page 669 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook explores criminal law systems from around the world, with the express aim of stimulating comparison and discussion. General principles of criminal liability receive prominent coverage in each essay—including discussions of rationales for punishment, the role and design of criminal codes, the general structure of criminal liability, accounts of mens rea, and the rights that criminal law is designed to protect—before the authors turn to more specific offenses like homicide, theft, sexual offenses, victimless crimes, and terrorism. This key reference covers all of the world's major legal systems—common, civil, Asian, and Islamic law traditions—with essays on sixteen countries on six different continents. The introduction places each country within traditional distinctions among legal systems and explores noteworthy similarities and differences among the countries covered, providing an ideal entry into the fascinating range of criminal law systems in use the world over.
Download or read book Criminal Law and Morality in the Age of Consent written by Aniceto Masferrer and published by Springer Nature. This book was released on 2021-02-09 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the relation between morality and politics, and morality and law, a field that has been studied for more than two thousand years The law is a part of human culture, and this touches upon a dynamic reality that is connected to the relation between nature and freedom, nature and culture. If such relations are not clearly understood, as is the case today, the relation between morality and law cannot be properly comprehended either. The relationship between morality and criminal law must constantly evolve to meet the needs of changing times and circumstances. Social changes and new situations require new answers. And since the relationship involves criminal law, legal philosophy and legal history, interdisciplinary approaches are always needed. Featuring fifteen original contributions by legal scholars from various European and American universities, the book does not pretend to solve the complexity of the relation between morality and criminal law, but instead expresses criticism, offers some proposals and stimulates further thought. The book tackles the topic from an interdisciplinary perspective (criminal law, constitutional law, legal philosophy and legal history, among others). As such, it appeals not only to scholars and students, but also to lawyers, policymakers, historians, theologians, philosophers and general readers who are interested in the legal, social, political and philosophical issues of our time.
Download or read book Treatise on International Criminal Law written by Kai Ambos and published by Oxford University Press. This book was released on 2021 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first volume of an authoritative three-volume treatise on international criminal law. The text provides comprehensive treatment of issues relevant to the foundations, general part of international criminal law, and general principles of international criminal justice.
Download or read book International Law Reports Volume 23 written by H. Lauterpacht and published by Cambridge University Press. This book was released on 1986-06 with total page 912 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Sentencing in International Criminal Law written by Silvia D'Ascoli and published by Bloomsbury Publishing. This book was released on 2011-04-01 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with sentencing in international criminal law, focusing on the approach of the UN ad hoc Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR). In contrast to sentencing in domestic jurisdictions, and in spite of its growing importance, sentencing law is a part of international criminal law that is still 'under construction' and is unregulated in many aspects. International sentencing law and practice is not yet defined by exact norms and principles and as yet there is no body of international principles concerning the determination of sentence, notwithstanding the huge volume of sentencing research and the extensive modern debate about sentencing principles. Moreover international judges receive very little guidance in sentencing matters: this contributes to inconsistencies and may increase the risk that similar cases will be sentenced in different ways. One purpose of this book is to investigate and evaluate the process of international sentencing, especially as interpreted by the ICTY and the ICTR, and to suggest a more comprehensive and coherent system of guiding principles, which will foster the development of a law of sentencing for international criminal justice. The book discusses the law and jurisprudence of the ad hoc Tribunals, and also presents an empirical analysis of influential factors and other data from ICTY and ICTR sentencing practice, thus offering quantitative support for the doctrinal analysis. This publication is one of the first to be entirely devoted to the process of sentencing in international criminal justice. The book will thus be of great interest to practitioners, academics and students of the subject.
Download or read book Spanish Yearbook of International Law written by Kluwer and published by Martinus Nijhoff Publishers. This book was released on 2001-03-01 with total page 654 pages. Available in PDF, EPUB and Kindle. Book excerpt: The "Spanish Yearbook of International Law" brings together information concerning Spanish legal practice and a bibliography over the period of one year and makes it available to an international readership. It serves as a vehicle for furthering knowledge of Spanish practice in the field of international law among an audience with no knowledge of Spanish. It deals with both private and public international law, taken in a broad sense to include summary treatment of international organizations of which Spain is a member.
Download or read book Spanish Yearbook of International Law written by Asociacin Es Paola de Profesores de Dere and published by Martinus Nijhoff Publishers. This book was released on 1998-07-08 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: The "Spanish Yearbook of International Law" brings together information concerning Spanish legal practice and a bibliography over the period of one year and makes it available to an international readership. It serves as a vehicle for furthering knowledge of Spanish practice in the field of international law among an audience with no knowledge of Spanish. It deals with both private and public international law, taken in a broad sense to include summary treatment of international organizations of which Spain is a member.
Download or read book National Union Catalog written by and published by . This book was released on 1982 with total page 1036 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes entries for maps and atlases.
Download or read book Fascism and Criminal Law written by Stephen Skinner and published by Bloomsbury Publishing. This book was released on 2015-02-26 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fascism was one of the twentieth century's principal political forces, and one of the most violent and problematic. Brutal, repressive and in some cases totalitarian, the fascist and authoritarian regimes of the early twentieth century, in Europe and beyond, sought to create revolutionary new orders that crushed their opponents. A central component of such regimes' exertion of control was criminal law, a focal point and key instrument of State punitive and repressive power. This collection brings together a range of original essays by international experts in the field to explore questions of criminal law under Italian Fascism and other similar regimes, including Franco's Spain, Vargas's Brazil and interwar Romania and Japan. Addressing issues of substantive criminal law, criminology and ideology, the form and function of criminal justice institutions, and the role and perception of criminal law in processes of transition, the collection casts new light on fascism's criminal legal history and related questions of theoretical interpretation and historiography. At the heart of the collection is the problematic issue of continuity and similarity among fascist systems and preceding, contemporaneous and subsequent legal orders, an issue that goes to the heart of fascist regimes' historical identity and the complex relationship between them and the legal orders constructed in their aftermath. The collection thus makes an innovative contribution both to the comparative understanding of fascism, and to critical engagement with the foundations and modalities of criminal law across systems.
Download or read book Essays on International Criminal Justice written by Héctor Olásolo and published by Bloomsbury Publishing. This book was released on 2012-01-09 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt: Crimes of atrocity have profound and long-lasting effects on any society. The difference between triggering and preventing these tragic crimes often amounts to the choice between national potential preserved or destroyed. It is also important to recognise that they are not inevitable: the commission of these crimes requires a collective effort, an organisational context, and long planning and preparation. Thus, the idea of strengthening preventative action has taken on greater relevance, and is now encompassed in the emerging notion of 'responsibility to prevent'. International courts and tribunals contribute to this effort by ending impunity for past crimes. Focusing investigations and prosecution on the highest leadership maximises the impact of this contribution. The ICC has an additional preventative mandate which is fulfilled by its timely intervention in the form of preliminary examinations. Moreover, when situations of atrocity crimes are triggered, its complementarity regime incentivises states to stop violence and comply with their duties to investigate and prosecute, thus strengthening the rule of law at the national level. The new role granted to victims by the Rome Statute is key to the ICC ́s successful fulfilment of these functions. This new book of essays, which includes the author's unpublished inaugural lecture at Utrecht University, examines these issues and places particular emphasis on the additional preventative mandate of the ICC, the ICC complementarity regime, the new role granted to victims, and the prosecution of the highest leadership through the notion of indirect perpetration. 'The work of Professor Olasolo breaks new ground in the academic field of international criminal law, as an analysis of the system as a whole. I therefore wish to express my congratulations for this work.' From the Foreword by Luis Moreno Ocampo Prosecutor, International Criminal Court, The Hague, 27 April 2011 '[Professor Hector Olasolo's] compilation provides an enormous source of easy reference to students, academia and legal actors in the field of international law. A look at the titles compiled in this volume demonstrates the present challenges to international criminal justice'. From the Preliminary Reflections by Elizabeth Odio Benito Judge and Former Vice-President, International Criminal Court, The Hague, May 2011 'This collection, written by a brilliant and prolific scholar and practitioner of international criminal justice, is an insightful and important contribution to the existing literature...Each chapter in this collection is copiously footnoted and thoroughly researched, making it an important reference tool for scholars and practitioners in the field. Additionally and importantly, the chapters explore, without polemic, areas of controversy and dissent and thoughtfully and scrupulously set forth arguments for and against particular doctrinal choices.' From the Introduction by Leila Nadya Sadat Henry H Oberschelp Professor of Law and Director, Whitney R Harris World Law Institute, Washington University School of Law; Alexis de Tocqueville Distinguished Fulbright Chair, Université de Cergy-Pontoise, Paris, Spring 2011
Download or read book Ne bis in idem and Multiple Sanctioning Systems written by Javier Ignacio Escobar Veas and published by Springer Nature. This book was released on 2023-01-23 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of the book is to resolve the question of whether multiple sanctioning systems are contrary to the ne bis in idem under the regulation provided by Protocol 7 to the ECHR and the EU Charter of Fundamental Rights. The first part is a comparative study regarding the lawfulness of multiple sanctioning systems under the ne bis in idem, studying the evolution and the current state of the case law of the United States Supreme Court, the Canadian Supreme Court, the European Court of Human Rights (ECtHR), and the Court of Justice of the European Union (CJEU). The second part of the book critically analyses three problems with the case law of the ECtHR and the CJEU. Part three deals with reconceptualizing the prohibition of multiple punishment and the prohibition of multiple prosecutions. Finally, the fourth part addresses other possible protections against multiple sanctioning systems. Two other safeguards that limit multiple sanctioning systems are the prohibition of disproportionate sanctions and the right to be tried within a reasonable time.
Download or read book The Pen the Sword and the Law written by David S. Parker and published by McGill-Queen's Press - MQUP. This book was released on 2022-04-28 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: The duel, and the codes of honour that governed duelling, functioned for decades in many European and Latin American countries as a shadow legal system, regulating in practice what legislators felt free to say and what journalists felt free to write. Yet the duel was also an act of potentially deadly violence and a challenge to the authority of statutory law. When duelling became widespread in early twentieth-century Uruguay, legislators facing this dilemma chose the unique and radical path of legalization. The Pen, the Sword, and the Law explores how the only country in the world to decriminalize duelling managed the tension between these informal but widely accepted “gentlemanly laws” and its own criminal code. The duel, which remained legal until 1992, was meant to ensure civility in politics and decorum in the press, but it often failed to achieve either. Drawing on rich and detailed newspaper reports of duels and challenges, parliamentary debates, legal records, private papers, and interviews, David Parker examines the role of pistols and sabres in shaping the everyday workings of a raucous public sphere. Demonstrating that the duel was no simple throwback to archaic conceptions of masculine honour and chivalry, The Pen, the Sword, and the Law illustrates how duelling went hand in hand with democracy and freedom of the press in one of South America’s most progressive nations.
Download or read book International Criminal Law written by M. Cherif Bassiouni and published by Brill Archive. This book was released on 1980-01-01 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first comprehensive, single-volume collection of terrorism documents. The editor assembled material from both governmental & nongovernmental source relating to the prevention & suppression of terrorism. The collection constitutes a valuable research tool for academics & also for those concerned with implementing instruments to combat terrorism.
