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 Equity in the Civil Law Tradition written by Renato Beneduzi and published by Springer Nature. This book was released on 2021-07-01 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a book on “equity in the civil law tradition” from the double perspective of legal history and comparative law. It is intended not only for civil lawyers who want to better understand the role and history of equity in their own legal tradition, but also – and perhaps more saliently – for common lawyers who are curious about why the history of equity has unfolded so differently on the continent of Europe and in Latin America. The author begins with the investigation of the philosophical foundations of the Western notion of equity in the teachings of Plato and Aristotle and of how their ideas affected the works of the great Attic orators (chapter 2). He then addresses the way in which Roman law turned this notion into a legal concept of considerable practical importance (chapter 3) and how it survived the fall of Rome and was later elaborated in the Middle Ages by civilists and canonists (chapter 4). Subsequently, the author analyses how the notion of equity was dealt with in the Modern Era by legal humanists, Protestant and Catholic theologians, scholars of the usus modernus pandectarum and of Roman-Dutch law, and then by legal rationalism and the philosophers of the Enlightenment (chapter 5). He then deals with the history of equity on the continent since the fragmentation of the ius commune and the codifications of the nineteenth century and with its reception in Latin America (chapter 6). Finally, the author offers some closing remarks on the fundamental equivocalness (or relativity, as some scholars put it) of the notion of equity in the civil law tradition today (conclusion).

Download or read book Law in Peace Negotiations written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2010-07-23 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Territory written by David Delaney and published by John Wiley & Sons. This book was released on 2008-04-15 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: This short introduction conveys the complexities associated with the term "territory" in a clear and accessible manner. It surveys the field and brings theory to ground in the case of Palestine. A clear and accessible introduction to the complexities associated with the term "territory". Provides an interdisciplinary survey of the many strands of research in the field. Addresses specific areas including interpretations of territorial structures; the relationship between territoriality and scale; the validity and fluidity of territory; and the practical, social processes associated with territorial re-configurations. Stresses that our understanding of territory is inseparable from our understanding of power. Uses Israel/Palestine as an extended illustrative case study. The author’s strong legal and geographical background gives the work an authoritative perspective.

Download or read book The Oxford Handbook of Migration Crises written by Dr. Cecilia Menjívar and published by Oxford University Press. This book was released on 2019-01-16 with total page 953 pages. Available in PDF, EPUB and Kindle. Book excerpt: The objective of The Oxford Handbook of Migration Crises is to deconstruct, question, and redefine through a critical lens what is commonly understood as "migration crises." The volume covers a wide range of historical, economic, social, political, and environmental conditions that generate migration crises around the globe. At the same time, it illuminates how the media and public officials play a major role in framing migratory flows as crises. The volume brings together an exceptional group of scholars from around the world to critically examine migration crises and to revisit the notion of crisis through the context in which permanent and non-permanent migration flows occur. The Oxford Handbook of Migration Crises offers an understanding of individuals in societies, socio-economic structures, and group processes. Focusing on migrants' departures and arrivals in all continents, this comprehensive handbook explores the social dynamics of migration crises, with an emphasis on factors that propel these flows as well as the actors that play a role in classifying them and in addressing them. The volume is organized into nine sections. The first section provides a historical overview of the link between migration and crises. The second looks at how migration crises are constructed, while the third section contextualizes the causes and effects of protracted conflicts in producing crises. The fourth focuses on the role of climate and the environment in generating migration crises, while the fifth section examines these migratory flows in migration corridors and transit countries. The sixth section looks at policy responses to migratory flows, The last three sections look at the role media and visual culture, gender, and immigrant incorporation play in migration crises.

Download or read book Jihad Incorporated written by Steven Emerson and published by Prometheus Books. This book was released on 2009-09-25 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book written for a dangerous age, the founder of The Investigative Project on Terrorism offers a thorough and factual overview of the Islamist terrorist threat to America.

Download or read book Law and Globalization from Below written by Boaventura de Sousa Santos and published by Cambridge University Press. This book was released on 2005-09-08 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an unprecedented attempt to analyze the role of the law in the global movement for social justice. Case studies in the book are written by leading scholars from both the global South and the global North, and combine empirical research on the ground with innovative sociolegal theory to shed new light on a wide array of topics. Among the issues examined are the role of law and politics in the World Social Forum; the struggle of the anti-sweatshop movement for the protection of international labour rights; and the challenge to neoliberal globalization and liberal human rights raised by grassroots movements in India and indigenous peoples around the world. These and other cases, the editors argue, signal the emergence of a subaltern cosmopolitan law and politics that calls for new social and legal theories capable of capturing the potential and tensions of counter-hegemonic globalization.

Download or read book Revolution in History written by Roy Porter and published by Cambridge University Press. This book was released on 1986-10-09 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fifteen contributors examine the interpretative value of ideas of revolution for explaining historical development within their own speciality. They assess the existing historiography and offer their personal views.

Download or read book Closing the Books written by Jon Elster and published by Cambridge University Press. This book was released on 2004-09-06 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: An analysis of transitional justice - retribution and reparation after a change of political regime - from Athens in the fifth century BC to the present. Part I, 'The Universe of Transitional Justice', describes more than thirty transitions, some of them in considerable detail, others more succinctly. Part II, 'The Analytics of Transitional Justice', proposes a framework for explaining the variations among the cases - why after some transitions wrongdoers from the previous regime are punished severely and in other cases mildly or not at all, and victims sometimes compensated generously and sometimes poorly or not at all. After surveying a broad range of justifications and excuses for wrongdoings and criteria for selecting and indemnifying victims, the 2004 book concludes with a discussion of three general explanatory factors: economic and political constraints, the retributive emotions, and the play of party politics.

Download or read book Prevenci n general e individualizaci n judicial de la pena written by Eduardo Demetrio Crespo and published by Universidad de Salamanca. This book was released on 1999-01-01 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Los criterios legales y judiciales de individualizaci n de la pena written by Martín Besio Hernández and published by . This book was released on 2011-11-01 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Developing Innovation Systems written by Mario Cimoli and published by Routledge. This book was released on 2013-09-05 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mexico provides a case study of a cornerstone economy in the development of the hemospheric free trade zone in the Americas, an adjusting economy which has been integrated into uneven economies (Canada and the US). This volume examines the Mexican economy and its attempt to develop an innovation system, providing an example of the dynamics that are of concern to evolutionary economists.

Download or read book Sustaining Change in Universities written by Burton R. Clark and published by Open University Press. This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this work, Burton R. Clark uses case studies from 14 innovative institutions to propose a new conceptual framework offering original insights into ways of initiating and sustaining change in universities.

Download or read book Citizen Subject written by Étienne Balibar and published by Fordham Univ Press. This book was released on 2016-11-01 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: What can the universals of political philosophy offer to those who experience "the living paradox of an inegalitarian construction of egalitarian citizenship"? Citizen Subject is the summation of Étienne Balibar’s career-long project to think the necessary and necessarily antagonistic relation between the categories of citizen and subject. In this magnum opus, the question of modernity is framed anew with special attention to the self-enunciation of the subject (in Descartes, Locke, Rousseau, and Derrida), the constitution of the community as “we” (in Hegel, Marx, and Tolstoy), and the aporia of the judgment of self and others (in Foucualt, Freud, Kelsen, and Blanchot). After the “humanist controversy” that preoccupied twentieth-century philosophy, Citizen Subject proposes foundations for philosophical anthropology today, in terms of two contrary movements: the becoming-citizen of the subject and the becoming-subject of the citizen. The citizen-subject who is constituted in the claim to a “right to have rights” (Arendt) cannot exist without an underside that contests and defies it. He—or she, because Balibar is concerned throughout this volume with questions of sexual difference—figures not only the social relation but also the discontent or the uneasiness at the heart of this relation. The human can be instituted only if it betrays itself by upholding “anthropological differences” that impose normality and identity as conditions of belonging to the community. The violence of “civil” bourgeois universality, Balibar argues, is greater (and less legitimate, therefore less stable) than that of theological or cosmological universality. Right is thus founded on insubordination, and emancipation derives its force from otherness. Ultimately, Citizen Subject offers a revolutionary rewriting of the dialectic of universality and differences in the bourgeois epoch, revealing in the relationship between the common and the universal a political gap at the heart of the universal itself.

Download or read book Protest and Democracy written by Moises Arce and published by . This book was released on 2019-06-15 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2011, political protests sprang up across the world. In the Middle East, Europe, Latin America, the United States unlikely people sparked or led massive protest campaigns from the Arab Spring to Occupy Wall Street. These protests were made up of educated and precariously employed young people who challenged the legitimacy of their political leaders, exposed a failure of representation, and expressed their dissatisfaction with their place in the aftermath of financial and economic crisis. This book interrogates what impacts--if any--this global protest cycle had on politics and policy and shows the sometimes unintended ways it continues to influence contemporary political dynamics throughout the world. Proposing a new framework of analysis that calls attention to the content and claims of protests, their global connections, and the responsiveness of political institutions to protest demands, this is one of the few books that not only asks how protest movements are formed but also provides an in-depth examination of what protest movements can accomplish. With contributions examining the political consequences of protest, the roles of social media and the internet in protest organization, left- and right-wing movements in the United States, Chile's student movements, the Arab Uprisings, and much more this collection is essential reading for all those interested in the power of protest to shape our world.

Download or read book Order Law and Crime written by Raymond J. Michalowski and published by . This book was released on 1985 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Statehood and Self Determination written by Duncan French and published by Cambridge University Press. This book was released on 2013-02-21 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: This detailed and timely examination of fundamental issues of statehood and recognition, self-determination and the rights of indigenous peoples includes analysis of some of the most controversial examples of disputed territorial status, including Kosovo and the Palestinian Authority.