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Author : Georges Martyn
Publisher :
ISBN 13 : 9783428140183
Total Pages : 406 pages
Book Rating : 4.1/5 (41 download)
Download or read book From the Judge's Arbitrium to the Legality Principle written by Georges Martyn and published by . This book was released on 2013 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Georges Martyn
Publisher :
ISBN 13 : 9783428540181
Total Pages : 0 pages
Book Rating : 4.5/5 (41 download)
Download or read book From the Judge's ›Arbitrium‹ to the Legality Principle written by Georges Martyn and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legality principle characterizes all western legal systems, and it has become an integral part of the Western rule of law and the international human rights law. The principle dates back to enlightened jurists such as Cesare Beccaria and to social contract thinkers such as Charles de Secondat de Montesquieu, according to whom judges were to act only as the mouthpiece of the statutory law. Paul Johann Anselm von Feuerbach, the inventor of the famous maxim nullum crimen, nulla poena sine lege, developed these thoughts further. The emergence of the legality principle links closely to the teachings on the division of powers. The studies of this volume cover most of Europe from England, Italy and Spain to Sweden, Russia and England, and both the South and North American continents. In most parts of Europe, the nineteenth-century criminal law reforms form an integral part of the liberal agenda. These changes took place, however, at different times in different parts of the Western world, and for slightly different reasons. Comparative legal history shows, furthermore, that the roots of the principle date much further back in history than the eighteenth century. Before the formulation of the legality principle, written statutes already played a significant role in the criminal law in many parts of the Western world. The articles of the volume, written by the foremost experts on comparative legal history, demonstrate that the attitudes and practices toward written statutes as sources of criminal law varied greatly from one region to another. In most parts of the European continent judicial arbitration was carefully defined in legal scholarship (Italy, France), whereas in some regions written law played an important role from early on (Sweden). Although the nineteenth century was fundamental in shaping the legality principle, in some countries its breakthrough remained even then far from complete (Russia, the United States)."
Author : Oliver Wendell Holmes
Publisher : Good Press
ISBN 13 :
Total Pages : 337 pages
Book Rating : 4.4/5 (57 download)
Download or read book The Common Law written by Oliver Wendell Holmes and published by Good Press. This book was released on 2019-11-19 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'The Common Law' is a book that was written by Oliver Wendell Holmes Jr., 21 years before Holmes became an Associate Justice of the Supreme Court of the United States. The book is about common law in the United States, including torts, property, contracts, and crime. It is written as a series of lectures. One of the most famous aphorisms to be drawn from this book occurs on the first page: "The life of the law has not been logic: it has been experience."
Author : Aniceto Masferrer
Publisher : Springer
ISBN 13 : 3319719122
Total Pages : 427 pages
Book Rating : 4.3/5 (197 download)
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.
Author : Lindsay Farmer
Publisher : Oxford University Press
ISBN 13 : 0199568642
Total Pages : 353 pages
Book Rating : 4.1/5 (995 download)
Download or read book Making the Modern Criminal Law written by Lindsay Farmer and published by Oxford University Press. This book was released on 2016 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Criminalization series arose from an interdisciplinary investigation into criminalization, focusing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications of offences? The fifth book in the series offers an historical and conceptual account of the criminal law, as it has developed in England and spread to common law jurisdictions around the world. It traces how and why criminal law has come to be accorded with a central role in securing civil order in modernity, and justifies who and what should be treated as criminal under the law. Farmer argues that the emergence of the modern state in which criminal law is recognized as an instrument of government is a result of the distinct body of rules which have emerged from the modern criminal law. Structured in two parts, the first traces the development of the modern criminal law, including jurisdiction, codification, and responsibility. The second part engages in a detailed analysis of the development of specific categories of criminal law, focusing on patterns of criminalization in relation to property offences, offences against the person, sexual offences, and civility.
Author : Intisar A. Rabb
Publisher : Cambridge University Press
ISBN 13 : 1107080991
Total Pages : 431 pages
Book Rating : 4.1/5 (7 download)
Download or read book Doubt in Islamic Law written by Intisar A. Rabb and published by Cambridge University Press. This book was released on 2015 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the rarely studied but pervasive concepts of doubt that medieval Muslim jurists used to resolve problematic criminal cases.
Author : Heikki Pihlajamäki
Publisher : Oxford University Press
ISBN 13 : 0191088374
Total Pages : 1264 pages
Book Rating : 4.1/5 (91 download)
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 1264 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.
Author : Mathias Reimann
Publisher : Oxford University Press
ISBN 13 : 0192565524
Total Pages : 1536 pages
Book Rating : 4.1/5 (925 download)
Download or read book The Oxford Handbook of Comparative Law written by Mathias Reimann and published by Oxford University Press. This book was released on 2019-03-26 with total page 1536 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully revised and updated second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law. The Handbook contains forty-eight chapters written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.
Author : Darryl K. Brown
Publisher : Oxford University Press
ISBN 13 : 0190659858
Total Pages : 952 pages
Book Rating : 4.1/5 (96 download)
Download or read book The Oxford Handbook of Criminal Process written by Darryl K. Brown and published by Oxford University Press. This book was released on 2019-02-22 with total page 952 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Criminal Process surveys the topics and issues in the field of criminal process, including the laws, institutions, and practices of the criminal justice administration. The process begins with arrests or with crime investigation such as searches for evidence. It continues through trial or some alternative form of adjudication such as plea bargaining that may lead to conviction and punishment, and it includes post-conviction events such as appeals and various procedures for addressing miscarriages of justice. Across more than 40 chapters, this Handbook provides a descriptive overview of the subject sufficient to serve as a durable reference source, and more importantly to offer contemporary critical or analytical perspectives on those subjects by leading scholars in the field. Topics covered include history, procedure, investigation, prosecution, evidence, adjudication, and appeal.
Author : Cornel Zwierlein
Publisher : BRILL
ISBN 13 : 9004325182
Total Pages : 456 pages
Book Rating : 4.0/5 (43 download)
Download or read book The Dark Side of Knowledge written by Cornel Zwierlein and published by BRILL. This book was released on 2016-06-10 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can one study the absence of knowledge, the voids, the conscious and unconscious unknowns through history? Investigations into late medieval and early modern practices of measuring, of risk calculation, of ignorance within financial administrations, of conceiving the docta ignorantia as well as the silence of the illiterate are combined with contributions regarding knowledge gaps within identification procedures and political decision-making, with the emergence of consciously delimited blanks on geographical maps, with ignorance as a factor embedded in iconographic programs, in translation processes and the semantic potentials of reading. Based on thorough archival analysis, these selected contributions from conferences at Harvard and Paris are tightly framed by new theoretical elaborations that have implications beyond these cases and epochal focus. Contributors: Giovanni Ceccarelli, Taylor Cowdery, Lucile Haguet, John T. Hamilton, Lucian Hölscher, Moritz Isenmann, Adam J. Kosto, Marie-Laure Legay, Andrew McKenzie-McHarg, Fabrice Micallef, William T. O ́Reilly, Eleonora Rohland, Mathias Schmoeckel, Daniel L. Smail, Govind P. Sreenivasan, and Cornel Zwierlein.
Author : Ricard Torra-Prat
Publisher : Taylor & Francis
ISBN 13 : 1040115381
Total Pages : 340 pages
Book Rating : 4.0/5 (41 download)
Download or read book Corruption, Anti-Corruption, Vigilance, and State Building from Early to Late Modern Times written by Ricard Torra-Prat and published by Taylor & Francis. This book was released on 2024-08-14 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corruption, Anti-Corruption, Vigilance, and State Building from Early to Late Modern Times challenges current historiographical approaches, proposing new interpretations to rethink the relation between corruption and the socio-political and economic transformations since early globalisation. By adopting both transnational and long-term approaches, the book explores the historical dimension of notions such as accountability, transparency, and vigilance in their immediate political, social, and legal contexts. The starting point is to view corruption not as a moral category that emerged in 1789 to delegitimise past, foreign or present state systems, but as a constantly contested concept that must also be historicised in past societies. The collection revisits chronologies and examines different local, regional, and national frames, highlighting that the path to modernity was contested and affected by a variety of unique circumstances, such as revolutions and external political powers. Building on the latest research and offering new methods of inquiry, this book is a compelling resource for academics interested in political history and the history of corruption.
Author : Markus Dirk Dubber
Publisher : Oxford University Press, USA
ISBN 13 : 0199673594
Total Pages : 1233 pages
Book Rating : 4.1/5 (996 download)
Download or read book The Oxford Handbook of Criminal Law written by Markus Dirk Dubber and published by Oxford University Press, USA. This book was released on 2014 with total page 1233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field, The Oxford Handbook of Criminal Law takes a broad approach to its subject matter - disciplinarily, geographically, and systematically.
Author : Scott Eastman
Publisher : University of Alabama Press
ISBN 13 : 0817318569
Total Pages : 319 pages
Book Rating : 4.8/5 (173 download)
Download or read book The Rise of Constitutional Government in the Iberian Atlantic World written by Scott Eastman and published by University of Alabama Press. This book was released on 2015-06-15 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Rise of Constitutional Government in the Iberian Atlantic World is a collection of original essays that offer insights into how the Cádiz Constitution of 1812 shaped and influenced the political culture of Iberian America.
Author :
Publisher : BRILL
ISBN 13 : 9004365702
Total Pages : 297 pages
Book Rating : 4.0/5 (43 download)
Download or read book Planning for Death written by and published by BRILL. This book was released on 2018-04-24 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Planning for Death: Wills and Death-Related Property Arrangements in Europe, 1200-1600 analyses death-related property transfers in several late medieval and European regions (England, Poland, Italy, South Tirol, and Sweden). The book focuses especially on testamentary practice and matrimonial property rights.
Author : Ermanno Calzolaio
Publisher : LIT Verlag Münster
ISBN 13 : 3643910991
Total Pages : 168 pages
Book Rating : 4.6/5 (439 download)
Download or read book Justice and Unjusticiability written by Ermanno Calzolaio and published by LIT Verlag Münster. This book was released on 2020-03-10 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book tries to identify the main contours of unjusticiability and non-justiciability from an historical and comparative perspective distinguishing between common law world and civil law tradition. In the light of a general overview, the aim of this publication is to reflect on the utility of paving the way for a much wider approach to unjusticiability. More precisely, some scholars have recently suggested that such a notion could embrace all the situations where a court does not decide a case, so that it is impossible for the plaintiff to have the case decided by a court. A first category covers the situations where the court refuses to judge because it does not want to judge. A second category is related to all the cases where there is an impossibility to reach a decision. Any case where the judge cannot or does not wish to make justice--si iudex non facit iustitiam--continues to indicate a series of new (and old) questions.
Author : Andrew Ashworth
Publisher : OUP Oxford
ISBN 13 : 0191630756
Total Pages : 1171 pages
Book Rating : 4.1/5 (916 download)
Download or read book Prevention and the Limits of the Criminal Law written by Andrew Ashworth and published by OUP Oxford. This book was released on 2013-01-31 with total page 1171 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual, this volume arises from a three-year study of Preventive Justice. The contributions examine whether and when preventive measures are justified, whether within or outwith the criminal law, and whether they signal a larger change in the architecture of security. Preventive measures include controversial crime control approaches such as pre-inchoate offences, pre-trial detention, restraining orders, and prevention detention of the dangerous. There are good reasons to justify state use of coercion to protect the public from harm, but while the rationales and justifications for state punishment have been extensively explored, the scope, limits, and principles of preventive justice have not received the same attention. This volume, written by world renowned scholars from different disciplinary backgrounds and jurisdictions, redresses the balance, assessing the foundations for the range of coercive measures that states now take in the name of prevention and public protection.
Author : David Lloyd Dusenbury
Publisher : Oxford University Press
ISBN 13 : 0197644120
Total Pages : 261 pages
Book Rating : 4.1/5 (976 download)
Download or read book The Innocence of Pontius Pilate written by David Lloyd Dusenbury and published by Oxford University Press. This book was released on 2021-12-01 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: The gospels and ancient historians agree: Jesus was sentenced to death by Pontius Pilate, the Roman imperial prefect in Jerusalem. To this day, Christians of all churches confess that Jesus died 'under Pontius Pilate'. But what exactly does that mean? Within decades of Jesus' death, Christians began suggesting that it was the Judaean authorities who had crucified Jesus--a notion later echoed in the Qur'an. In the third century, one philosopher raised the notion that, although Pilate had condemned Jesus, he'd done so justly; this idea survives in one of the main strands of modern New Testament criticism. So what is the truth of the matter? And what is the history of that truth? David Lloyd Dusenbury reveals Pilate's 'innocence' as not only a neglected theological question, but a recurring theme in the history of European political thought. He argues that Jesus' interrogation by Pilate, and Augustine of Hippo's North African sermon on that trial, led to the concept of secularity and the logic of tolerance emerging in early modern Europe. Without the Roman trial of Jesus, and the arguments over Pilate's innocence, the history of empire--from the first century to the twenty-first--would have been radically different.
