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Author : José Luis Díez Ripollés
Publisher : Trotta Editorial S A
ISBN 13 : 9788481646153
Total Pages : 208 pages
Book Rating : 4.6/5 (461 download)
Download or read book La racionalidad de las leyes penales written by José Luis Díez Ripollés and published by Trotta Editorial S A. This book was released on 2003 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Bernd Schünemann
Publisher :
ISBN 13 : 9789974745735
Total Pages : 107 pages
Book Rating : 4.7/5 (457 download)
Download or read book El Derecho penal en el Estado democrático de derecho y el irrenunciable nivel de racionalidad de su dogmática written by Bernd Schünemann and published by . This book was released on 2019 with total page 107 pages. Available in PDF, EPUB and Kindle. Book excerpt: "La pena no es mera retribución, sino que representa un exceso o abuso (overkill) que no se puede justificar mediante una teoría -filosóficamente pretenciosa, pero en realidad primitiva- del restablecimiento del Derecho, sino sólo según reglas del estado de necesidad, precisamente como última ratio para la protección de bienes jurídicos. El neopositivismo que quiere permitir la promulgación de leyes penales para casi cualquier fin, retrocede a un nivel preilustrado, por detrás de Beccaria" -- Reus Editorial.
Author : Adán Nieto Martín
Publisher : Springer
ISBN 13 : 3319328956
Total Pages : 386 pages
Book Rating : 4.3/5 (193 download)
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.
Author : A. Daniel Oliver-Lalana
Publisher : Springer
ISBN 13 : 3030120686
Total Pages : 344 pages
Book Rating : 4.0/5 (31 download)
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.
Author : Luc J. Wintgens
Publisher : Routledge
ISBN 13 : 1351881264
Total Pages : 383 pages
Book Rating : 4.3/5 (518 download)
Download or read book The Theory and Practice of Legislation written by Luc J. Wintgens and published by Routledge. This book was released on 2017-03-02 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work provides a rational framework for legislation. The unifying premise behind the essays is that, although legislation and regulation are the result of a political process, legislation and regulation can be the object of theoretical study. The volume focuses on problems that are common to most European legal systems and the approach involves applying to legislative problems the tools of legal theory - hence 'legisprudence'. Whereas traditional legal theory deals predominantly with the application of law by the judge, legisprudence enlarges the field of study so as to include the creation of law by the legislator. The original essays published in this collection expose and develop a range of new insights into the relationship between legislative problems and legal theory in a way which will engage and interest legal scholars throughout the world.
Author : Virgilio Zapatero Gómez
Publisher : Springer Nature
ISBN 13 : 303023388X
Total Pages : 228 pages
Book Rating : 4.0/5 (32 download)
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 228 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.
Author : Adán Nieto Martín
Publisher : Springer Nature
ISBN 13 : 3030848310
Total Pages : 116 pages
Book Rating : 4.0/5 (38 download)
Download or read book Global Criminal Law written by Adán Nieto Martín and published by Springer Nature. This book was released on 2021-10-25 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the emergence of an ius puniendi outside state criminal law and beyond international criminal law. The study connects with the reflections that have been made for some years in global law studies, showing how this trend also has a clear manifestation in the field of criminal law. The analysis begins by mapping out the different manifestations of this new global criminal regulation. This includes very diverse areas, ranging from judicial cooperation to the problems involved in the application of criminal sanctions in failed states, or investigations carried out on the internet. New sanctioning systems are also studied, such as the debarment regime of the World Bank or the sanctions in the hands of international sports federations. It is a question of discovering all criminal law – understood in a broad sense – that lies outside the confines of the state.
Author : Helmut Kury
Publisher : Brockmeyer Verlag
ISBN 13 : 3819607781
Total Pages : 609 pages
Book Rating : 4.8/5 (196 download)
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:
Author : Maria João Guia
Publisher : Springer Nature
ISBN 13 : 3030130770
Total Pages : 177 pages
Book Rating : 4.0/5 (31 download)
Download or read book Prisons, State and Violence written by Maria João Guia and published by Springer Nature. This book was released on 2019-10-16 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a unique analysis of prisons and the violence at work inside them. It not only addresses aspects such as racial discrimination, especially in US prisons, but also gender differences, specific criminal groups operating within prisons, the reintegration processes and its failures. Combining works by various authors, it presents diverse perspectives on prison violence: in countries ranging from the USA to Australia, crossing European countries such as Portugal and Spain, among others, but also specific aspects such as prohibitions on phone calls, the economic crisis, and the current challenges of mass incarceration. As such, it offers a broad overview of several problems relevant to all scholars interested in deepening their understanding of violence in prisons.
Author : José Becerra
Publisher : Springer Nature
ISBN 13 : 3030713482
Total Pages : 233 pages
Book Rating : 4.0/5 (37 download)
Download or read book Criminal Law-Making written by José Becerra and published by Springer Nature. This book was released on 2021-05-29 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book intends to contribute to the consolidation of the new approach to lawmaking that has taken place in the last 20 years in legal philosophy and legal theory, spreading to other legal fields, especially criminal law. This new legislation science focusing on criminal problems has triggered a growing interest in the field, a dynamic which has led to a long-needed convergence of disciplines such as administrative law, criminal law, criminology, political science, sociology and, of course, legal philosophy to contribute to a more rational decision-making process for the construct of criminal laws. With the intention to continue on with the building of a solid “Criminal Legislation Science”, this work presents scholars, lawmakers and students various emblematic approaches to enrich the discussion about different and promising tools and theoretical frameworks.
Author : A. Daniel Oliver-Lalana
Publisher : Springer Nature
ISBN 13 : 3031467272
Total Pages : 329 pages
Book Rating : 4.0/5 (314 download)
Download or read book Debating Laws written by A. Daniel Oliver-Lalana and published by Springer Nature. This book was released on 2024-02-02 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to explore the potential and actual value of parliamentary debates as a source of legislative justification. Drawing on a sample of recent Spanish legislation, the papers collected here analyse (critically) the rationale of several laws or legislative measures as it can be reconstructed from the respective parliamentary discussions. All issues covered have given rise to intense political, legal and social controversy: they range from the combat against gender violence, the legal status of bullfighting, the protection of crime victims and the so-called ‘push-backs’ at the border, to the regulation of euthanasia, the minimum living income, underage girls’ access to abortion, and joint child custody. The volume is organised into two main parts. The first group of case studies adopt a legisprudential perspective and examine parliamentary deliberations in the light of the theory and methodology of legislative justification; the contributions in the second part follow approaches that fall outside – but are largely compatible with –legisprudence, and deal with aspects such as the rhetorical strategies employed by MPs when debating bills, and the role of elected legislators as constitutional interpreters.
Author : Dagmar Schipanski
Publisher : Routledge
ISBN 13 : 1351929534
Total Pages : 302 pages
Book Rating : 4.3/5 (519 download)
Download or read book Humanbiotechnology as Social Challenge written by Dagmar Schipanski and published by Routledge. This book was released on 2016-12-05 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: Humanbiotechnology has progressed immensely, and humanbiotechnological research has entered a crucial stage. This collection of essays is a significant and original contribution to the public debate on humanbiotechnology and its ethical and social ramifications. Interdisciplinary in composition this volume brings together leading academics in the fields of biology, law, theology, ethics and sociology to share their viewpoints and insights and to promote exchange between disciplines and convey facts and opinions to the wider public on this increasingly important area of technological development and ethical interest. Eschewing analysis on pragmatic or utilitarian grounds the essays in this collection are informed by the key ethical concept of 'human dignity' which has been central to the continental debate on human bioethics and is gaining in importance for the debate in the anglophone world.
Author :
Publisher :
ISBN 13 :
Total Pages : 496 pages
Book Rating : 4.F/5 ( download)
Download or read book Symposium written by and published by . This book was released on 2008 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : John Pratt
Publisher : Routledge
ISBN 13 : 1134173296
Total Pages : 223 pages
Book Rating : 4.1/5 (341 download)
Download or read book Penal Populism written by John Pratt and published by Routledge. This book was released on 2007-02-12 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following the USA, in many Western countries over the last decade, prison rates have increased while crime rates have declined. This key book examines the role played by penal populism on this and other trends in contemporary penal policy.
Author : Valsamis Mitsilegas
Publisher : Bloomsbury Publishing
ISBN 13 : 184731726X
Total Pages : 544 pages
Book Rating : 4.8/5 (473 download)
Download or read book EU Criminal Law written by Valsamis Mitsilegas and published by Bloomsbury Publishing. This book was released on 2009-03-16 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU Criminal Law is perhaps the fastest-growing area of EU law. It is also one of the most contested fields of EU action, covering measures which have a significant impact on the protection of fundamental rights and the relationship between the individual and the State, while at the same time presenting a challenge to State sovereignty in the field and potentially reconfiguring significantly the relationship between Member States and the EU. The book will examine in detail the main aspects of EU criminal law, in the light of these constitutional challenges. These include: the history and institutions of EU criminal law (including the evolution of the third pillar and its relationship with EC law); harmonisation in criminal law and procedure (with emphasis on competence questions); mutual recognition in criminal matters (including the operation of the European Arrest Warrant) and accompanying measures; action by EU bodies facilitating police and judicial co-operation in criminal matters (such as Europol, Eurojust and OLAF); the collection and exchange of personal data, in particular via EU databases and co-operation between law enforcement authorities; and the external dimension of EU action in criminal matters, including EU-US counter-terrorism co-operation. The analysis is forward-looking, taking into account the potential impact of the Lisbon Treaty on EU criminal law.
Author : Adán Nieto Martín
Publisher : Palgrave Macmillan
ISBN 13 : 9783030848309
Total Pages : 112 pages
Book Rating : 4.8/5 (483 download)
Download or read book Global Criminal Law written by Adán Nieto Martín and published by Palgrave Macmillan. This book was released on 2021-11-13 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the emergence of an ius puniendi outside state criminal law and beyond international criminal law. The study connects with the reflections that have been made for some years in global law studies, showing how this trend also has a clear manifestation in the field of criminal law. The analysis begins by mapping out the different manifestations of this new global criminal regulation. This includes very diverse areas, ranging from judicial cooperation to the problems involved in the application of criminal sanctions in failed states, or investigations carried out on the internet. New sanctioning systems are also studied, such as the debarment regime of the World Bank or the sanctions in the hands of international sports federations. It is a question of discovering all criminal law – understood in a broad sense – that lies outside the confines of the state.
Author : Nora Clichevsky
Publisher :
ISBN 13 : 9781558441491
Total Pages : 0 pages
Book Rating : 4.4/5 (414 download)
Download or read book Tierra Vacante en Ciudades Latinoamericanas written by Nora Clichevsky and published by . This book was released on 2002 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vacant urban land--the product of land market activity, the actions of private agents, and the policies of public agents--is an important challenge for policy makers. Vacant lots on the urban fringe and in central and interstitial areas have affected growth patterns in Latin America. Contributors to this book analyze the problems and opportunities related to vacant urban land in five cities: Buenos Aires, Argentina; Rio de Janeiro, Brazil; Quito, Ecuador; Lima, Perú; and San Salvador, El Salvador.
