Download or read book Criminal Liability of Managers in Europe written by Stanislaw Tosza and published by Bloomsbury Publishing. This book was released on 2018-12-27 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every managerial decision is risky, at least to some extent. Conducting business is impossible without venturing into new territories and even the most ordinary daily choices could turn out to be failures. Excessive risk, however, can be very detrimental as was starkly illustrated by the most recent financial crisis. By criminalising managers' excessive risk-taking criminal law enters a sphere which is at the core of the activity it affects. At the same time it provides for criminal punishment for courses of conduct that, without doubt, can be extremely harmful. The objective of this book is to examine existing criminalisation of excessive risk-taking as well as to analyse whether such criminalisation is desirable and if yes, under which conditions.

Download or read book A Modern History of German Criminal Law written by Thomas Vormbaum and published by Springer Science & Business Media. This book was released on 2013-10-01 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Increasingly, international governmental networks and organisations make it necessary to master the legal principles of other jurisdictions. Since the advent of international criminal tribunals this need has fully reached criminal law. A large part of their work is based on comparative research. The legal systems which contribute most to this systemic discussion are common law and civil law, sometimes called continental law. So far this dialogue appears to have been dominated by the former. While there are many reasons for this, one stands out very clearly: Language. English has become the lingua franca of international legal research. The present book addresses this issue. Thomas Vormbaum is one of the foremost German legal historians and the book's original has become a cornerstone of research into the history of German criminal law beyond doctrinal expositions; it allows a look at the system’s genesis, its ideological, political and cultural roots. In the field of comparative research, it is of the utmost importance to have an understanding of the law’s provenance, in other words its historical DNA.

Download or read book Core Concepts in Criminal Law and Criminal Justice written by Kai Ambos and published by Cambridge University Press. This book was released on 2020-01-16 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.

Download or read book Transnational Evidence and Multicultural Inquiries in Europe written by Stefano Ruggeri and published by Springer Science & Business Media. This book was released on 2013-12-12 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the gathering of evidence in cross-border investigations in Europe. The issue of obtaining evidence in and from European countries has been among the most debated issues of EU cross-border cooperation in criminal matters over the last two decades, going through periods of intensive discussions and showing an extraordinary adaptability to the evolution of EU legislation for criminal matters. On the other hand, the prosecution and investigations of cross-border cases pose unprecedented challenges in the European scenario, characterized by the increasing flow and activity of citizens over the territory of more than one country and therefore by the need to lay the foundations of a transcultural criminal justice system. The book analyses this complex topic starting with the current perspectives of EU legislation, thus providing a critical analysis of the legislative initiative aimed at introducing a new tool for gathering almost any type of evidence in other Member States, i.e., the European Investigation Order. On a second level, this study deals with the solution models and human rights challenges posed by the increasingly intensive dialogues between domestic and supranational case laws, and formulates essential guidelines for setting up a fair transnational enquiry system in Europe.

Download or read book Origins of the German Welfare State written by Michael Stolleis and published by Springer Science & Business Media. This book was released on 2012-11-15 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book traces the origins of the German welfare state. The author, formerly director at the Max-Planck-Institute for European Legal History, Frankfurt, provides a perceptive overview of the history of social security and social welfare in Germany from early modern times to the end of World War II, including Bismarck’s pioneering introduction of social insurance in the 1880s. The author unravels “layers” of social security that have piled up in the course of history and, so he argues, still linger in the present-day welfare state. The account begins with the first efforts by public authorities to regulate poverty and then proceeds to the “social question” that arose during the 19th-century Industrial Revolution. World War I had a major impact on the development of social security, both during the war and after, through the exigencies of the war economy, inflation and unemployment. The ruptures as well as the continuities of social policy under National Socialism and World War II are also investigated.

Download or read book Victim Participation Rights written by Kerstin Braun and published by Springer. This book was released on 2019-02-14 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book traces victims’ active participatory rights through different procedural stages in adversarial and non-adversarial justice systems, in an attempt to identify what role victims play during criminal proceedings in the domestic setting. Braun analyses countries with different legal traditions, including: the United States, England, Wales and Australia (as examples of mostly adversarial countries); Germany and France (as examples of inquisitorial systems); as well as Denmark and Sweden with their mixed inquisitorial-adversarial background. Victim Participation Rights is distinctive in that it assesses the implementation of formal processes and procedures concerning victim participation at three different procedural stages: first, investigation and pre-trial; second, trial and sentencing; and third, post-trial with a focus on appeal and parole. In addition, Braun provides an in-depth case study on the general position of victims in criminal trials, especially in light of national criminal justice policy, in Germany, a mostly inquisitorial system and Australia, a largely adversarial system. In light of its findings, the book ponders whether, at this stage in time, a greater focus on victim protection rather than on active procedural rights could be more beneficial to enhancing the overall experience of victims. In this context, it takes a close look at the merits of introducing or expanding legal representation schemes for victims.

Download or read book Academic Freedom Under Pressure written by Margrit Seckelmann and published by Springer Nature. This book was released on 2021-08-26 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is academic freedom threatened? The book examines current challenges to academic freedom in Europe, focusing mainly on Italy and Germany. The cases discussed demonstrate that research and teaching are under pressure in European democracies: in Hungary and Poland due to political constraints, in other countries due to societal expectations. Considering different interrelated aspects, the four parts of the book explore many real and potential threats to universities, scientific institutions and researchers, ranging from the European dimension of freedom of the arts and sciences to comparative analysis of emerging challenges to academic freedom against the backdrop of the COVID-19 pandemic. They highlight threats to university autonomy from the economic orientation of university governance, which emphasizes efficiency, competition, and external evaluation, and from new rules concerning trigger warnings, speech restrictions, and ethics commissions. Detailed study of these complex threats is intended to stimulate scholarly reflection and elicit serious discussion at European and national level. The volume contributes to the search for a new role of universities and scientific institutions and is addressed to academics and political stakeholders.

Download or read book Devolution and Decentralisation in Social Security written by Gijsbert Vonk and published by . This book was released on 2019-12-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In many countries regional and local authorities are given more powers in the field of social security. Supposedly, this is a general trend taking place throughout the developed world and beyond. In this volume the processes of devolution and decentralisation in social security are researched from a comparative European perspective, taking into account the constitutional setting and the architecture of the social security systems. The book includes thirteen country studies based on a uniform format and three overarching contributions. The greater picture that emerges is that social insurance and family allowances are still very much a national competence and are predominantly functionally decentralised to a number of specialised agencies and institutions. There are only limited exceptions. A different conclusion must be drawn when we look at social assistance and social care. In many countries the role of local authorities has gradually increased over a longer period. However, in some countries this trend is reversing, and municipal powers are being limited or even taken back by central government. Devolution and Decentralisationin Social Security shows how complex, differentiated and nationally diverse the state of devolution and decentralisation in Europe actually is. This book is of particular interest to scholars in the field of social policy and social security, constitutionalists and policy makers who are interested in local administration.

Download or read book The Oxford Handbook of European Legal History written by Heikki Pihlajamäki and published by Oxford University Press. This book was released on 2018-06-28 with total page 1217 pages. Available in PDF, EPUB and Kindle. Book excerpt: European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on "heartlands" of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical "fringes" such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.

Download or read book Nullum Crimen Sine Lege the European Convention on Human Rights and the Foreseeability of the Law written by Sara Paiusco and published by . This book was released on 2021-06-30 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates nullum crimen sine lege as European principle in its interpretation by the European Court of Human Rights. The research focuses on the role of foreseeability as a solution to the legality issues raising from judge-made law in criminal law. The rationale and application of foreseeability in ECtHR case-law are scrutinised, trying to extract its main development paths. Current solutions adopted by civil law States (Italy and Germany) are analysed also considering the theoretical foundations of ncsl. Moreover, the role of foreseeability in EU law is considered, as an example of an effectiveness-oriented legal order. In the end, future perspectives for the implementation of the principle of foreseeability are analysed.

Download or read book Proportional Representation written by Friedrich Pukelsheim and published by Springer. This book was released on 2017-12-28 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book offers an in-depth study of the translation of vote counts into seat numbers in proportional representation systems – an approach guided by practical needs. It also provides plenty of empirical instances illustrating the results. It analyzes in detail the 2014 elections to the European Parliament in the 28 member states, as well as the 2009 and 2013 elections to the German Bundestag. This second edition is a complete revision and expanded version of the first edition published in 2014, and many empirical election results that serve as examples have been updated. Further, a final chapter has been added assembling biographical sketches and authoritative quotes from individuals who pioneered the development of apportionment methodology. The mathematical exposition and the interrelations with political science and constitutional jurisprudence make this an apt resource for interdisciplinary courses and seminars on electoral systems and apportionment methods.

Download or read book Criminal Justice and Political Cultures written by Tim Newburn and published by Routledge. This book was released on 2012-12-06 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: As crime increasingly crosses national boundaries, and international co-operation takes firmer shape, so the development of ideas and policy on the control of crime has become an increasingly international and transnational affair. This book is concerned both with the very specific issue of 'policy transfer' within the crime control arena, and with the issues raised by a more broadly conceptualized idea of comparative policy analysis.

Download or read book Unlawful Content Online written by Carsten Ullrich and published by . This book was released on 2021-08 with total page 680 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The European Court of Human Rights written by Angelika Nussberger and published by Elements of International Law. This book was released on 2020 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nussberger traces the history of the European Court of Human Rights from its political context in the 1940s to the present day, answering pressing questions about its origins and workings. This first book in the Elements of International Law series, provides a fresh, objective, and non-argumentative approach to the European Court of Human Rights.

Download or read book The Development of Medical Liability in Germany 1800 1945 written by Colm Peter McGrath and published by . This book was released on 2019-02 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the development of medical liability in Germany during its intense formative period from 1800-1945. It focuses on how the fault requirement in civil law was conceptualised and applied to liability for errors in the diagnosis and treatment of a patient. By focusing on the development of the law, and how it related and responded to changes in the nature of medicine, medical practitioners and healthcare over this period, it uncovers a rich interaction between the legal and medical narratives concerning fault. It offers an account of legal development where the law and lawyers were deeply embedded in, and influenced by, the broader social context, identifying a gradual shift towards asserting courts' independence from the medical narrative medical technological advances.

Download or read book Divisions of Welfare written by Professor Norman Ginsburg and published by SAGE. This book was released on 1992-03-23 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This outstanding textbook recounts the major policy developments in Sweden, the former FRG, the United States and Britain since the 1930s and 1940s and concentrates on the restructuring of social policy since the world recession of the mid-1970s. Chapters on each welfare state analyze five areas of policy: policy ideology and welfare expenditure; income maintenance policies and outcomes; race and racial inequalities; women and family policies; and the health care system. Integrating class, race and gender perspectives into comparative social policy analysis, Norman Ginsburg focuses on the impact of social and economic policies on social inequalities, as well as on the role of labour movements, anti-racist movements and women's movements in shaping social policy. He convincingly argues that rather than mitigating the effects of social inequalities, social policies in all four states have in fact played a part in widening class, race and gender inequalities since the mid-1970s.

Download or read book European Science and Technology Policy written by Henri Delanghe and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title is about the most important concept underpinning current European Union research policy. It focuses on the notion of the European Research Area, a European 'internal market' for research, whose achievement will become the main objective of EU research policy once the Lisbon Treaty enters into force.