Crisis of the Criminal Law in the Democratic Constitutional State

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Publisher : Springer Nature
ISBN 13 : 3031134133
Total Pages : 325 pages
Book Rating : 4.0/5 (311 download)

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Book Synopsis Crisis of the Criminal Law in the Democratic Constitutional State by : Eduardo Demetrio Crespo

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.

Criminal law between war and peace

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Publisher : Ministerio de Justicia
ISBN 13 : 9788484276876
Total Pages : 820 pages
Book Rating : 4.2/5 (768 download)

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Book Synopsis Criminal law between war and peace by : Stefano Manacorda

Download or read book Criminal law between war and peace written by Stefano Manacorda and published by Ministerio de Justicia. This book was released on 2009 with total page 820 pages. Available in PDF, EPUB and Kindle. Book excerpt: If subjecting war to law is one of the most important legal achievements of the 20th century, progressing further in that direction is one of the most important challenges for the 21st century. The problems it poses are many: the term “war” has formally fallen into disuse and we talk about “peacekeeping”; armies are today the product of cooperation between states and international organizations; private contractors increasingly participate in warlike activities, as the case of the Iraq war demonstrates; and the lines between war and very serious forms of crime (terrorism, organized crime) are increasingly blurred. This volume compiles the contributions presented at XVth International Congress on Social Defence, and tackle the criminal-legal issues raised by these new scenarios. It constitutes an innovative volume, gathering together the work of both academic and military authors, who have drawn on their theoretical and practical experience.

Transnational Inquiries and the Protection of Fundamental Rights in Criminal Proceedings

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Publisher : Springer Science & Business Media
ISBN 13 : 3642320120
Total Pages : 561 pages
Book Rating : 4.6/5 (423 download)

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Book Synopsis Transnational Inquiries and the Protection of Fundamental Rights in Criminal Proceedings by : Stefano Ruggeri

Download or read book Transnational Inquiries and the Protection of Fundamental Rights in Criminal Proceedings written by Stefano Ruggeri and published by Springer Science & Business Media. This book was released on 2013-01-09 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: The protection of fundamental rights in the field of transnational criminal inquiries is of great delicateness in the current tangled web of domestic and international legal sources. Due to this complex scenario, this research has been carried out from a four-level perspective. The first part provides a critical analysis of the multilevel systems of protecting fundamental rights from the perspective of supranational and constitutional case law, and in the field of international and organized crime. The second part focuses on EU judicial cooperation in three main fields: financial and serious organized crime, mutual recognition tools, and individual rights protection. The third part provides the perspectives of ten domestic legal systems in two fields, i.e., obtaining evidence abroad and cooperation with international criminal tribunals. The fourth part analyses cross-border inquiries in comparative law, providing a reconstruction of different models of obtaining evidence overseas.

The Paradoxes of Action

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Publisher : Springer Science & Business Media
ISBN 13 : 9781402016615
Total Pages : 160 pages
Book Rating : 4.0/5 (166 download)

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Book Synopsis The Paradoxes of Action by : Daniel González Lagier

Download or read book The Paradoxes of Action written by Daniel González Lagier and published by Springer Science & Business Media. This book was released on 2003-11-30 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book suggests answers, or at least presents conceptual tools for finding answers, to questions such as: What is an action, and what is an omission? Can actions be counted? What is the role of intention for the identification of actions? The author offers an original approach to the analysis of action. Written in a very accessible style, the book is of interest to lawyers, legal scientists and philosophers.

Victim Policies and Criminal Justice on the Road to Restorative Justice

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Author :
Publisher : Leuven University Press
ISBN 13 : 9789058671813
Total Pages : 466 pages
Book Rating : 4.6/5 (718 download)

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Book Synopsis Victim Policies and Criminal Justice on the Road to Restorative Justice by : Tony Peters

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.

The Art of Legislating

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Publisher : Springer Nature
ISBN 13 : 303023388X
Total Pages : 235 pages
Book Rating : 4.0/5 (32 download)

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Book Synopsis The Art of Legislating by : Virgilio Zapatero Gómez

Download or read book The Art of Legislating written by Virgilio Zapatero Gómez and published by Springer Nature. This book was released on 2019-10-11 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Any contemporary state presents itself as committed to the “rule of law”, and this notion is perhaps the most powerful political ideal within the current global discourse on legal and political institutions. Despite being a contested concept, the rule of law is generally recognised as meaning that government is bound in all its actions by fixed and public rules, and that these rules respect certain formal requirements and are enforced by an independent judiciary. This book focuses on formal legality and the question of how to achieve good laws—a topic that was famously addressed by the 18th century enlightened thinkers, but also by prominent legal scholars of our time. Historically, the canon of “good legislation” demanded generality, publicity and accessibility, and comprehensibility of laws; non-retroactivity; consistency; the possibility of complying with legal obligations and prohibitions; stability; and congruency between enacted laws and their application. All these are valuable ideals that should not be abandoned in today’s legal systems, particularly in view of the silent revolution that is transforming our legality-based “states of law” into jurisdictional states. Such ideals are still worth pursuing for those who believe in representative democracy, in the rule of law and in the dignity of legislation. The idea for the book stemmed from the author’s parliamentary and governmental experience; he was responsible for the Government of Spain’s legislative co-ordination from 1982 to 1993, which were years of intensive legislative production. The more than five hundred laws (and thousands of decrees) elaborated in this period profoundly changed all sectors of the legal order inherited from Franco’s dictatorship, and laid the foundations of a new social and democratic system. For an academic, this was an exciting experience, which offered a unique opportunity to put the theory of legislation to the test. Reflecting and elaborating on this experience, the book not only increases scholarly awareness of how laws are made, but above all, improves the quality of legislation and as a result the rule of law.

Radicalization, Terrorism, and Conflict

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Publisher : Cambridge Scholars Publishing
ISBN 13 : 144385090X
Total Pages : 335 pages
Book Rating : 4.4/5 (438 download)

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Book Synopsis Radicalization, Terrorism, and Conflict by : Rachel Monaghan

Download or read book Radicalization, Terrorism, and Conflict written by Rachel Monaghan and published by Cambridge Scholars Publishing. This book was released on 2013-07-26 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: Radicalization, Terrorism, and Conflict is a collection of scholarly works, authored by international researchers and leading thinkers, addressing contemporary, history-making issues in international security and terrorism from an interdisciplinary perspective. Contributors to this edited volume represent global perspectives, ideas, analysis, and research. Radicalization, Terrorism, and Conflict transmits relevant findings, theory, and policy ideas for scholars of security and terrorism studies, for policy makers, and to the general public who are interested in keeping up with this global area of concern. It provides a jumping-off point for conversation and collaboration that can lead to new knowledge and broader understanding. As an interdisciplinary collection of manuscripts, this book integrates and synthesizes theory, research, and public policy analysis in an effort to solve the complex questions and problems presented by this topic. Recognition of the need to approach the problems of radicalization, terrorism, and interpersonal conflict from an interdisciplinary perspective is gaining strength within academic settings, policy institutes, and global conferences. Unlike most recent edited books on the subject that are on the market at this time, Radicalization, Terrorism, and Conflict provides an interdisciplinary approach to understanding related current issues. This approach encourages a broader perspective and thought process, trans-discipline and global collaboration and cooperation, and an integrated synthesis of knowledge. Radicalization, Terrorism, and Conflict opens with an analysis of the ongoing phenomenon of the Arab Spring. In Section 1, contributors look at how players in the theatres of local and international terror become radicalized. Section 2 analyzes how terrorism becomes manifest in the global theatre and how governments and their actors attempt to prevent it. Section 3 presents research to bring understanding to the actors’ behavior and provide settings for future collaboration in understanding these phenomena.

Individual Criminal Responsibility for the Financing of Entities involved in Core Crimes

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Author :
Publisher : BRILL
ISBN 13 : 900447093X
Total Pages : 256 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Individual Criminal Responsibility for the Financing of Entities involved in Core Crimes by : Laura Ausserladscheider Jonas

Download or read book Individual Criminal Responsibility for the Financing of Entities involved in Core Crimes written by Laura Ausserladscheider Jonas and published by BRILL. This book was released on 2021-12-28 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anchored by the normative framework, this book aims to clarify the basis for individual criminal liability for persons who finance entities that perpetrate core crimes. The objective of this monograph is to clarify the rules to enable international courts and tribunals to identify the extent to which individual criminal liability attaches to the financing of core crimes, as well as the legal basis for such liability. By clarifying the criminal liability of individual who finance entities that perpetrate core crimes, this book also seeks to clarify the mental elements of the mode of liability of aiding and abetting. This is achieved through a thorough analysis of the applicable rules in the international arena, as well as through the comparative analysis.

Support for Crime Victims in a Comparative Perspective

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Publisher : Leuven University Press
ISBN 13 : 9789061869276
Total Pages : 268 pages
Book Rating : 4.8/5 (692 download)

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Book Synopsis Support for Crime Victims in a Comparative Perspective by : Ezzat A. Fattah

Download or read book Support for Crime Victims in a Comparative Perspective written by Ezzat A. Fattah and published by Leuven University Press. This book was released on 1998 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of essays dedicated to the memory of Prof. Frederic McClintock.

Public Policy and Public Morality

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Publisher : Wydawnictwo Instytutu Wymiaru Sprawiedliwości
ISBN 13 : 8366344150
Total Pages : 284 pages
Book Rating : 4.3/5 (663 download)

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Book Synopsis Public Policy and Public Morality by : Grzegorz Blicharz

Download or read book Public Policy and Public Morality written by Grzegorz Blicharz and published by Wydawnictwo Instytutu Wymiaru Sprawiedliwości. This book was released on 2019 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book deals with two very important but imprecise terms in contemporary law, namely public policy and public morality. It is commendable that such a comprehensive work about general clauses has been prepared. They are the elements of the common good which refers directly to Article 1 of the Constitution of the Republic of Poland. The aim of these clauses is to protect the integrity of Polish legal order and the reason why they are applied boils down to the public interest. The clauses refer to the extralegal criteria of a moral, economic or political nature. That is why, for a legal practice, it appears vital that experts contribute to the clarification of their content and meaning as a legal categories. No less important is entrusting or leaving this task to the courts and other legal bodies. These efforts serve to ensure necessary flexibility in applying, in particular, the public policy clause – a safety valve of legal order. prof. Franciszek Longchamps de Bérier, Jagiellonian University in Kraków The theme of the volume and the studies included in it are very interesting and important from a cognitive and applied perspective. The authors of the book represent various academic circles and different legal disciplines, whereas their conclusiveness is an essential value of the presented analyses. Dr hab. Krzysztof Motyka, The John Paul II Catholic University of Lublin, Poland The idea of the authors of the book to discuss the issues of “public policy” and “public morality” as legal clauses in Polish law against the background of legal solutions of the European Union and international law deserves recognition. It efficiently combines the findings of the legal doctrine and the judicial decisions which allows to view these problems not only from the theoretical and legal perspective, but also from a practical angle. The presented definitions, theoretical and legal considerations, as well as the rulings regarding the clauses of “public policy” and “public morality” constitute a starting point for the authors to formulate their own arguments and conclusions de lege lata and de lege ferenda. The authors also skillfully describe the afore-mentioned clauses and demonstrate their close relationship with constitutional axiology, emphasizing their limitative nature and homeostatic role. Dr hab. Paweł Cichoń, Jagiellonian University in Kraków, Poland

Gender and Sexuality in Latin America - Cases and Decisions

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Publisher : Springer Science & Business Media
ISBN 13 : 9400761996
Total Pages : 333 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis Gender and Sexuality in Latin America - Cases and Decisions by : Cristina Motta

Download or read book Gender and Sexuality in Latin America - Cases and Decisions written by Cristina Motta and published by Springer Science & Business Media. This book was released on 2013-05-23 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: Translated and updated from the seminal Spanish text on legal decisions affecting gender and sexuality in Latin America, this English edition is the only law text to focus specifically on the rights of lesbians, gays, bisexuals and the transgender population in addition to women’s rights more broadly. The volume provides close analysis of some of the most important decisions made by Latin American national courts, as well as those made by international legal bodies, that affect the rights and interests of these groups. Specially selected for their depth of argument and value as exemplars, the studies of good legal practice chart the path of the region’s normative values of justice as they have evolved away from a partial, and patriarchal, exercise of the law. They show how cases with vastly differing contexts such as, property rights and domestic violence have resulted in a mixed body of Latin American law. Some decisions are protective of women’s and minority rights. Some assess the wider social impacts of case law in which recognition of the discrete legal identities within households challenges established precepts, including religious ones. Other cases have been chosen as cautionary examples of bad decision-making and for the poverty of their legal debate. Updated to include the latest relevant jurisprudence from across the continent, this book is an informed, cohesive and comprehensive guide to understanding women’s and gender-based rights in Latin America.​

Criminology and Criminal Policy Movements

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Publisher : Rowman & Littlefield
ISBN 13 : 0761858520
Total Pages : 495 pages
Book Rating : 4.7/5 (618 download)

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Book Synopsis Criminology and Criminal Policy Movements by : Eugenio Raúl Zaffaroni

Download or read book Criminology and Criminal Policy Movements written by Eugenio Raúl Zaffaroni and published by Rowman & Littlefield. This book was released on 2013 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: "These studies recover the historical roots of thinking that are in conflict with, and critical of, present-day tendencies. Criminological theory over the last few decades has oscillated between extremes: on one side there are calls for increasing the state exercise of punitive power as the only means of providing security, in the face of both urban and international rime; while the other side highlights the need for reducing the exercise of punitive power because of the paradoxical effects that it produces. Useful for academics, practitioners, professionals and students, this book will certainly contribute to a wider awareness in crime prevention and criminal justice."--Publisher's website.

National Socialist Criminal Law

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Publisher : Nomos Verlag
ISBN 13 : 3845299258
Total Pages : 207 pages
Book Rating : 4.8/5 (452 download)

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Book Synopsis National Socialist Criminal Law by : Kai Ambos

Download or read book National Socialist Criminal Law written by Kai Ambos and published by Nomos Verlag. This book was released on 2019-09-27 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: Diese innovative Studie versteht das nationalsozialistische Strafrecht – in Übereinstimmung mit Kontinuitäts- und Radikalisierungsthese – als rassistisch (antisemitisch), völkisch ("germanisch") und totalitär ausgerichtete Fortschreibung der autoritären und antiliberalen Tendenzen des deutschen Strafrechts der Jahrhundertwende und der Weimarer Republik. Dies wird durch die systematisch-analytische Aufbereitung der Texte relevanter Autoren belegt, wobei es primär um die – für sich selbst sprechenden – Texte, nicht die moralische Beurteilung ihrer Verfasser geht. Dabei werden auch Erkenntnisse zur Rezeption des deutschen (NS-) Strafrechts in Lateinamerika mitgeteilt. Die besagte Kontinuität existierte nicht nur rückwärtsgewandt (post-Weimar), sondern auch zukunftsgerichtet (Bonner Republik). Kurzum, das NS-Strafrecht kam weder aus dem Nichts noch ist es nach 1945 völlig verschwunden. Der zeitgenössische Versuch der identitären Rekonstruktion des germanischen Mythos durch die sog. "neue Rechte" schließt daran nahtlos an.

A Companion to Latin American Legal History

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Author :
Publisher : BRILL
ISBN 13 : 900443609X
Total Pages : 627 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis A Companion to Latin American Legal History by :

Download or read book A Companion to Latin American Legal History written by and published by BRILL. This book was released on 2023-12-04 with total page 627 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive volume offers fresh insights on Latin American and Caribbean law before European contact, during the colonial and early republican eras and up to the present. It considers the history of legal education, the legal profession, Indigenous legal history, and the legal history concerning Africans and African Americans, other enslaved peoples, women, immigrants, peasants, and workers. This book also examines the various legal frameworks concerning land and other property, commerce and business, labor, crime, marriage, family and domestic conflicts, the church, the welfare state, constitutional law and rights, and legal pluralism. It serves as a current introduction for those new to the field and provides in-depth interpretations, discussions, and bibliographies for those already familiar with the region’s legal history. Contributors are: Diego Acosta, Alejandro Agüero, Sarah C. Chambers, Robert J. Cottrol, Oscar Cruz Barney, Mariana Dias Paes, Tamar Herzog, Marta Lorente Sariñena, M.C. Mirow, Jerome G. Offner, Brian Owensby, Juan Manuel Palacio, Agustín Parise, Rogelio Pérez-Perdomo, Heikki Pihlajamäki, Susan Elizabeth Ramírez, Timo H. Schaefer, William Suárez-Potts, Victor M. Uribe-Uran, Cristián Villalonga, Alex Wisnoski, and Eduardo Zimmermann.

Legal Argumentation Theory: Cross-Disciplinary Perspectives

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Publisher : Springer Science & Business Media
ISBN 13 : 9400746709
Total Pages : 239 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis Legal Argumentation Theory: Cross-Disciplinary Perspectives by : Christian Dahlman

Download or read book Legal Argumentation Theory: Cross-Disciplinary Perspectives written by Christian Dahlman and published by Springer Science & Business Media. This book was released on 2012-09-14 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers its readers an overview of recent developments in the theory of legal argumentation written by representatives from various disciplines, including argumentation theory, philosophy of law, logic and artificial intelligence. It presents an overview of contributions representative of different academic and legal cultures, and different continents and countries. The book contains contributions on strategic maneuvering, argumentum ad absurdum, argumentum ad hominem, consequentialist argumentation, weighing and balancing, the relation between legal argumentation and truth, the distinction between the context of discovery and context of justification, and the role of constitutive and regulative rules in legal argumentation. It is based on a selection of papers that were presented in the special workshop on Legal Argumentation organized at the 25th IVR World Congress for Philosophy of Law and Social Philosophy held 15-20 August 2011 in Frankfurt, Germany.

Lawfare: The Criminalization of Democratic Politics in the Global South

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Author :
Publisher : BRILL
ISBN 13 : 9004535152
Total Pages : 163 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis Lawfare: The Criminalization of Democratic Politics in the Global South by : Raul Zaffaroni

Download or read book Lawfare: The Criminalization of Democratic Politics in the Global South written by Raul Zaffaroni and published by BRILL. This book was released on 2023-02-27 with total page 163 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Criminalization of Democratic Politics in the Global South, Zaffaroni, Caamaño and Vegh Weis offer an account of the misuse of the law to criminalize progressive political leaders in Latin America.

Punitivity: Insecurity and punitiveness

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Publisher : Brockmeyer Verlag
ISBN 13 : 3819607781
Total Pages : 609 pages
Book Rating : 4.8/5 (196 download)

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Book Synopsis Punitivity: Insecurity and punitiveness by : Helmut Kury

Download or read book Punitivity: Insecurity and punitiveness written by Helmut Kury and published by Brockmeyer Verlag. This book was released on 2011 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: