Download or read book Multilevel Protection of the Principle of Legality in Criminal Law written by Mercedes Pérez Manzano and published by Springer. This book was released on 2017-10-24 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the simultaneous protection of fundamental rights by various norms and jurisdictional organs, focussing on the multilevel protection of the principle of legality in Criminal Law.Written by accredited specialists in criminal law, constitutional law, international public law, and the philosophy of law, the majority of them ex-Counsels of the Spanish Constitutional Court, it addresses various manifestations of the principle of legality: the requirement of precision, the judicial subjection to law and the prohibition of bis in idem. It does so not only from a theoretical perspective, but also through a comparative study of the jurisdiction of the European Court of Human Rights, the Inter-American Court of Human Rights, the Court of Justice of the European Union and state constitutional courts. This practical approach characterizes the book, which culminates in a detailed analysis of the relevant ECtHR Judgement Del Río Prada v. Spain on the retroactivity of unfavourable jurisprudence."Multilevel protection of the principle of legality in Criminal Law" is a useful instrument of reflection for scholars of both the principle of criminal legality and the problems that arise from the concurrency of protective jurisdictions of human rights.
Download or read book Punishment in Latin America written by Luiz Dal Santo and published by Emerald Group Publishing. This book was released on 2024-11-21 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenging the Northern-centric approach that has dominated the literature on punishment-and-society, this collection draws on innovative theoretical perspectives to make sense of punishment, penal trends, institutions and practices in peripheral settings, taking Latin American countries as its case studies.
Download or read book The Reception of Positivism in Spain written by José Franco-Chasán and published by Springer Nature. This book was released on with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Neoliberalism and Punishment written by Ignacio González-Sánchez and published by Taylor & Francis. This book was released on 2024-06-03 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the expansion of the penal system in Spain during the first 40 years of democracy, this book puts forward the importance of studying punishment from a sociological perspective and examines the neoliberal penality thesis. Today, Spain has more police officers and more people in prison than 50 years ago and a tougher penal code than that which existed at Franco’s death; however, crime has not increased for three decades, while most of the hardening of the penal system has occurred after its stabilisation. Studying the development of penality in Spanish democracy, this book explores Loïc Wacquant’s proposal that the expansion of the penal system should be understood as a characteristic of neoliberalism. It examines the parallel and reciprocal development of three policies in relation to the gradual implementation of neoliberal ideas and highlights how the evolution of the labour market, social policies, and the penal system are linked to one another and to neoliberal ideas related to the sacralisation of the utilitarian individual and the role of the state. Advocating for a sociological study of state punishment and contributing to a better understanding of the implementation of neoliberal policies, Neoliberalism and Punishment will be of great interest to students and scholars of criminology, sociology, and politics.
Download or read book Debating Sex and Gender in Eighteenth Century Spain written by Marta V. Vicente and published by Cambridge University Press. This book was released on 2017-10-05 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: Eighteenth-century debates continue to set the terms of modern day discussions on how 'nature and nurture' shape sex and gender. Current dialogues - from the tension between 'real' and 'ideal' bodies, to how nature and society shape sexual difference - date back to the early modern period. Debating Sex and Gender is an innovative study of the creation of a two-sex model of human sexuality based on different genitalia within Spain, reflecting the enlightened quest to promote social reproduction and stability. Drawing on primary sources such as medical treatises and legal literature, Vicente traces the lives of individuals whose ambiguous sex and gender made them examples for physicians, legislators and educators for how nature, family upbringing, education, and the social environment shaped an individual's sex. This book brings together insights from the histories of sexuality, medicine and the law to shed new light on this timely and important field of study.
Download or read book Using Open Data to Detect Organized Crime Threats written by Henrik Legind Larsen and published by Springer. This book was released on 2017-04-07 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work provides an innovative look at the use of open data for extracting information to detect and prevent crime, and also explores the link between terrorism and organized crime. In counter-terrorism and other forms of crime prevention, foresight about potential threats is vitally important and this information is increasingly available via electronic data sources such as social media communications. However, the amount and quality of these sources is varied, and researchers and law enforcement need guidance about when and how to extract useful information from them. The emergence of these crime threats, such as communication between organized crime networks and radicalization towards terrorism, is driven by a combination of political, economic, social, technological, legal and environmental factors. The contributions to this volume represent a major step by researchers to systematically collect, filter, interpret, and use the information available. For the purposes of this book, the only data sources used are publicly available sources which can be accessed legally and ethically. This work will be of interest to researchers in criminology and criminal justice, particularly in police science, organized crime, counter-terrorism and crime science. It will also be of interest to those in related fields such as applications of computer science and data mining, public policy, and business intelligence.
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 The Limits of Criminological Positivism written by Michele Pifferi and published by Routledge. This book was released on 2021-10-30 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Limits of Criminological Positivism: The Movement for Criminal Law Reform in the West, 1870-1940 presents the first major study of the limits of criminological positivism in the West and establishes the subject as a field of interest. The volume will explore those limits and bring to life the resulting doctrinal, procedural, and institutional compromises of the early twentieth century that might be said to have defined modern criminal justice administration. The book examines the topic not only in North America and western Europe, with essays on Italy, Germany, France, Spain, the United Kingdom, Belgium, and Finland but also the reception and implementation of positivist ideas in Brazil. In doing so, it explores three comparative elements: (1) the differing national experiences within the civil law world; (2) differences and similarities between civil law and common law regimes; and (3) some differences between the two leading common-law countries. It interrogates many key aspects of current penal systems, such as the impact of extra-legal scientific knowledge on criminal law, preventive detention, the ‘dual-track’ system with both traditional punishment and novel measures of security, the assessment of offenders’ dangerousness, juvenile justice, and the indeterminate sentence. As a result, this study contributes to a critical understanding of some inherent contradictions characterizing criminal justice in contemporary western societies. Written in a straight-forward and direct manner, this volume will be of great interest to academics and students researching historical criminology, philosophy, political science, and legal history.
Download or read book Marxism and Criminology written by Valeria Vegh Weis and published by BRILL. This book was released on 2017-02-20 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the 2017 Choice Outstanding Academic Title Award In Marxism and Criminology: A History of Criminal Selectivity, Valeria Vegh Weis rehabilitates the contributions and the methodology of Marx and Engels to analyze crime and punishment through the historical development of capitalism (15th Century to the present) in Europe and in the United States. The author puts forward the concepts of over-criminalization and under-criminalization to show that the criminal justice system has always been selective. Criminal injustice, the book argues, has been an inherent element of the founding and reproduction of a capitalist society. At a time when racial profiling, prosecutorial discretion, and mass incarceration continue to defy easy answers, Vegh Weis invites us to revisit Marx and Engels’ contributions to identify socio-economic and historic patterns of crime and punishment in order to foster transformative changes to criminal justice. The book includes a Foreword by Professor Roger Matthews of Kent University, and an Afterword written by Professor Jonathan Simon of the University of California, Berkeley.
Download or read book Punishment And Culture written by María José Falcón y Tella and published by Martinus Nijhoff Publishers. This book was released on 2006 with total page 289 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. The work 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.
Download or read book Towards a Rational Legislative Evaluation in Criminal Law written by Adán Nieto Martín and published by Springer. This book was released on 2016-08-27 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book launches a debate on the need to evaluate criminal policies and, what is more complex and ambitious, to develop an evaluation method. The contributions address topics such as the general methodology for evaluating public policy, preparing criminal statistics, and analyzing costs, cost-effectiveness and cost benefits. Additionally, the work explores the state of affairs in various countries including Spain, Sweden, USA, Germany and in the EU. It also examines issues such as the relationship between legislative evaluation and criminal principles and the constitutional courts’ control over criminal acts.
Download or read book The Paradox of Violence in Venezuela written by David Smilde and published by University of Pittsburgh Press. This book was released on 2023-05-30 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: Crime and violence soared in twenty-first-century Venezuela even as poverty and inequality decreased, contradicting the conventional wisdom that these are the underlying causes of violence. The Paradox of Violence in Venezuela explains the rise of violence under both Hugo Chávez and Nicolás Maduro—leftist presidents who made considerable investment in social programs and political inclusion. Contributors argue that violence arose not from the frustration of inequality, or the needs created by poverty, but rather from the interrelated factors of a particular type of revolutionary governance, extraordinary oil revenues, a reliance on militarized policing, and the persistence of concentrated disadvantage. These factors led to dramatic but unequal economic growth, massive institutional and social change, and dysfunctional criminal justice policies that destabilized illicit markets and social networks, leading to an increase in violent conflict resolution. The Paradox of Violence in Venezuela reorients thinking about violence and its relationship to poverty, inequality, and the state.
Download or read book Modernity in the Flesh written by Kristin Ruggiero and published by Stanford University Press. This book was released on 2004 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the lives of people caught in the dynamics of changing mores, rapid urbanization, and real public health issues in nineteenth-century Buenos Aires. Modernity in the Flesh shows the costs Argentines paid for the establishment of liberal democracy between 1880 and 1910. Modernity raised consciousness of the public good and a commitment to new sciences and a new set of priorities that asserted the precedence of health and security of the social whole. This book shows the ways that the tensions of liberal democracy between individual rights and the social good were tempered by "flesh" and articulated through this word. As the state was pursuing positivist science and government, the flesh held out a type of corrective to the focus on scientific and material progress.
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 Victim Policies and Criminal Justice on the Road to Restorative Justice written by Tony Peters and published by Leuven University Press. This book was released on 2001 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume contains 22 papers organized into three sections under the following headings: part I is entitled On Promoting Victim Policies; Part II On Reforming Criminal Justice; and Part III On Restorative Justice. All three areas are ones to which Tony Peters, former Professor of Criminology in Leuven, has made a significant contribution and for which he is known as an international authority. During his long and productive academic career Tony Peters led many struggles for criminal justice reform. He was a leading figure in the movement to recognize crime victims' plight and to reaffirm their rights. In Belgium, he spearheaded the early initiatives in restorative justice and became one of its outspoken proponents nationally and internationally. There is no doubt that these three major topics and the various developments and reforms that are addressed in the papers will dominate the thinking about, and the practice of, criminal justice in the years to come. Thus, in addition to paying homage to a congenial friend and an illustrious colleague, it is hoped that this book will appeal and prove useful to all those who have an interest in victims issues, in criminal justice reform, and last but not least, in the promising paradigm of restorative justice.
Download or read book Conceptions and Misconceptions of Legislation written by A. Daniel Oliver-Lalana and published by Springer. This book was released on 2019-06-14 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together an international group of legal scholars to discuss different approaches to lawmaking. As well as reflecting the diversity of legisprudence as a re-emerging academic field, it offers a broad overview of current developments and challenges in the theory of legislation, and aspires, moreover, to counterbalance some questionable ideas or misconceptions, widespread among jurists, on what making laws entails. The book is organized into three parts. The first comprises a sample of ‘ways and models of legislation’, ranging from classic legislative ideals to contemporary forms of regulation. The essays in this part, variances of focus notwithstanding, revolve around the notions of legislative rationality, quality, effectiveness, and legitimacy, which may be regarded as the cornerstones of legisprudence. Interwoven with these notions is another core legisprudential concern: the justification of laws. We address it separately in the next part by exploring the connection between lawmaking, argumentation and constitutional democracy: under the heading ‘legislation in a culture of justification’, a number of aspects of this connection are tackled that have not been sufficiently considered so far in legisprudential literature, such as the intricacies of legislative reasoning and balancing, or the justificatory problems posed by special-interest legislation. The under privileged status of legisprudence in legal studies and the need for socially attentive and citizen-oriented legislative research come to the fore in the third part of the book which turns to the relationships between ‘legisprudence, lawyers, and citizens’. All in all, the thirteen articles gathered here provide a stimulating insight into the theory of legislation, and can hopefully contribute to the reconciliation of the study of law and the study of its making.
