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Book Synopsis Mens Rea at the International Criminal Court by : Geert-Jan Alexander Knoops
Download or read book Mens Rea at the International Criminal Court written by Geert-Jan Alexander Knoops and published by BRILL. This book was released on 2016-11-21 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Volume offers an overview of all aspects of mens rea that may surface before the International Criminal Court (ICC). The book commences with an introduction of the concept of mens rea and controversies concerning this concept before national courts and ad hoc tribunals. This is followed by an examination of the definitional elements of mens rea at the ad hoc tribunals. The mens rea requirements for the specific liability modes applied at the ad hoc tribunals will be examined. Subsequently, definitional aspects of mens rea at the ICC will be discussed, and in particular the mens rea requirements for the specific liability modes as provided for in the Rome Statute. Separate chapters will address the mens rea requirements for the crimes listed in the Rome Statute: war crimes, genocide, crimes against humanity and the crime of aggression, respectively. An analysis of customary international law or the standards promulgated by the ad hoc tribunals will be used as examples where the ICC case law is scarce. A specific chapter will be devoted to mens rea requirements for political speeches. In some cases, certain speeches have been said to be catalysts of international crimes. Therefore, it is relevant to examine how the accused’s intent was construed. The book will conclude with mens rea defenses in international criminal law, which will be specifically applied to the defenses listed in the Rome Statute.
Book Synopsis Mens Rea in EU Antitrust Law by : Jan Blockx
Download or read book Mens Rea in EU Antitrust Law written by Jan Blockx and published by Kluwer Law International B.V.. This book was released on 2020-07-09 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the purely economics-based approach to competition law, the central consideration is whether the conduct of undertakings has the effect of restricting competition or not. Such an ‘objective’ approach to antitrust enforcement leaves little room for subjective elements like intentions. But what happens when economic analysis reaches its limits? In this signal contribution, the author invokes the criminal law concept of mens rea, the idea of the ‘guilty mind’, thoroughly evaluating the normative cogency of mens rea evidence in the determination of antitrust infringements. Delving deep into the case law, the author views the subject from the standpoint of a confluence of various areas of law, including: the role of mens rea in the criminal law in France, Germany, and England and Wales; the different types of mens rea (e.g., intent, recklessness, negligence); mens rea in a corporate context; mens rea evidence in United States antitrust law; the notion of the ‘meeting of minds’ in Article 101 TFEU; relevance of intentions in the determination of the object of an agreement or concerted practice; relevance of intentions in the determination of abuse of a dominant position; and the role of mens rea in the determination of fines for antitrust breaches. The author also examines arguments both for and against the use of mens rea evidence in determining whether an antitrust infringement took place and how it should be punished. This is the first full-length assessment of what role mens rea evidence actually plays and should play in competition law even as the tools for antitrust analysis are meant to become increasingly objective. As a thoroughly researched and systematically presented commentary and analysis of the current status of the use of mens rea in antitrust enforcement and how the practice could develop, it is sure to be welcomed by practitioners as well as by policymakers and academics.
Book Synopsis The Concept of Mens Rea in International Criminal Law by : Mohamed Elewa Badar
Download or read book The Concept of Mens Rea in International Criminal Law written by Mohamed Elewa Badar and published by Bloomsbury Publishing. This book was released on 2013-01-30 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this book is to find a unified approach to the doctrine of mens rea in the sphere of international criminal law, based on an in-depth comparative analysis of different legal systems and the jurisprudence of international criminal tribunals since Nuremberg. Part I examines the concept of mens rea in common and continental legal systems, as well as its counterpart in Islamic Shari'a law. Part II looks at the jurisprudence of the post-Second World War trials, the work of the International Law Commission and the concept of genocidal intent in light of the travaux préparatoires of the 1948 Genocide Convention. Further chapters are devoted to a discussion of the boundaries of mens rea in the jurisprudence of the International Criminal Tribunals for the former Yugoslavia and Rwanda. The final chapter examines the definition of the mental element as provided for in Article 30 of the Statute of the International Criminal Court in light of the recent decisions delivered by the International Criminal Court. The study also examines the general principles that underlie the various approaches to the mental elements of crimes as well as the subjective element required in perpetration and participation in crimes and the interrelation between mistake of law and mistake of fact with the subjective element. With a Foreword by Professor William Schabas and an Epilogue by Professor Roger Clark From the Foreword by William Schabas Mohamed Elewa Badar has taken this complex landscape of mens rea at the international level and prepared a thorough, well-structured monograph. This book is destined to become an indispensable tool for lawyers and judges at the international tribunals. From the Epilogue by Professor Roger Clark This is the most comprehensive effort I have encountered pulling together across legal systems the 'general part' themes, especially about the 'mental element', found in confusing array in the common law, the civil law and Islamic law. In this endeavour, Dr Badar's researches have much to offer us.
Book Synopsis A Philosophy of Criminal Attempts by : Bebhinn Donnelly-Lazarov
Download or read book A Philosophy of Criminal Attempts written by Bebhinn Donnelly-Lazarov and published by Cambridge University Press. This book was released on 2015-04-30 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Extends and adapts G. E. M. Anscombe's philosophy to reveal attempting as a subjective species of intentional action. Locates criminal attempts therein.
Book Synopsis Australian Law Dictionary by : Trischa Mann
Download or read book Australian Law Dictionary written by Trischa Mann and published by Oxford University Press, USA. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Australian Law Dictionary is a key reference for those who need familiarity with, and knowledge of, Australian legal terms most commonly encountered when studying law and in the profession.
Download or read book Mens Rea written by Gary Kadet and published by . This book was released on 2021-12-20 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Insurance Adjustor George Arrant of Elsmere, Delaware is at odds with the world -George is suffering a mental breakdown. The pressures of economic failure in an economy benefitting only the rich have culminated in the foreclosure and seizure of his home, which George's wife and two children know nothing about. He's been keeping his firing and mounting destitution a secret from his family to avoid worrying them.Hours before the police, the bank representative, and the moving men are to arrive, he unlocks his gun cabinet, takes a shotgun and blasts his wife and children into eternity. He believes he's saving them from the humiliation and brutality of poverty in America. After the ensuing failed suicide attempt, George wanders in a fugue state to Wilmington, where he encounters Rich Simony, the young VP of his foreclosing bank. George murders Rich for his credit cards, bank accounts and his Cadillac Escalade. George flees Delaware for Providence, Rhode Island's Crimetown - seat of the New England La Cosa Nostra.George takes up with lead NECLN crime boss, Sallie "Jumbo" Palumbo. With Jumbo's help, he assembles a crew and starts robbing banks across the country, all to one purpose:Takedown of the foreclosure king - the sitting Secretary of the U.S. Treasury.
Book Synopsis Mens Rea and Defences in European Criminal Law by : Jeroen Blomsma
Download or read book Mens Rea and Defences in European Criminal Law written by Jeroen Blomsma and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on the author's thesis (Ph.D)--Maastricht University.
Book Synopsis Reform of Federal Criminal Laws by : American Enterprise Institute for Public Policy Research
Download or read book Reform of Federal Criminal Laws written by American Enterprise Institute for Public Policy Research and published by . This book was released on 1978 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Concept of Mens Rea in International Criminal Law by : Mohamed Elewa Badar
Download or read book The Concept of Mens Rea in International Criminal Law written by Mohamed Elewa Badar and published by Bloomsbury Publishing. This book was released on 2013-01-30 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this book is to find a unified approach to the doctrine of mens rea in the sphere of international criminal law, based on an in-depth comparative analysis of different legal systems and the jurisprudence of international criminal tribunals since Nuremberg. Part I examines the concept of mens rea in common and continental legal systems, as well as its counterpart in Islamic Shari'a law. Part II looks at the jurisprudence of the post-Second World War trials, the work of the International Law Commission and the concept of genocidal intent in light of the travaux préparatoires of the 1948 Genocide Convention. Further chapters are devoted to a discussion of the boundaries of mens rea in the jurisprudence of the International Criminal Tribunals for the former Yugoslavia and Rwanda. The final chapter examines the definition of the mental element as provided for in Article 30 of the Statute of the International Criminal Court in light of the recent decisions delivered by the International Criminal Court. The study also examines the general principles that underlie the various approaches to the mental elements of crimes as well as the subjective element required in perpetration and participation in crimes and the interrelation between mistake of law and mistake of fact with the subjective element. With a Foreword by Professor William Schabas and an Epilogue by Professor Roger Clark From the Foreword by William Schabas Mohamed Elewa Badar has taken this complex landscape of mens rea at the international level and prepared a thorough, well-structured monograph. This book is destined to become an indispensable tool for lawyers and judges at the international tribunals. From the Epilogue by Professor Roger Clark This is the most comprehensive effort I have encountered pulling together across legal systems the 'general part' themes, especially about the 'mental element', found in confusing array in the common law, the civil law and Islamic law. In this endeavour, Dr Badar's researches have much to offer us.
Book Synopsis Felony and the Guilty Mind in Medieval England by : Elizabeth Papp Kamali
Download or read book Felony and the Guilty Mind in Medieval England written by Elizabeth Papp Kamali and published by Cambridge University Press. This book was released on 2019-08 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the role of criminal intent in constituting felony in the first two centuries of the English criminal trial jury.
Book Synopsis Guilty Acts, Guilty Minds by : Stephen P. Garvey
Download or read book Guilty Acts, Guilty Minds written by Stephen P. Garvey and published by Oxford University Press. This book was released on 2020-05-25 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: When someone commits a crime, what are the limits on a state's authority to define them as worthy of blame, and thus liable to punishment? This book answers that question, building on two ideas familiar to criminal lawyers: actus reus and mens rea, usually translated as "guilty act" and "guilty mind." In Guilty Acts, Guilty Minds, Stephen P. Garvey proposes an understanding of actus reus and mens rea as limits on the authority of a state, and in particular the authority of a democratic state, to ascribe guilt to those accused of crime. Garvey argues that actus reus and mens rea are necessary conditions for legitimate state punishment. Drawing on the work of political philosophers, moral philosophers, and criminal law theorists, Garvey provides clear explanations of how these concepts apply to a wide variety of cases. The book charges readers to consider practical examples and ask: whatever you believe regarding the justice of the rules, did the state act within the scope of its legitimate authority when it enacted those rules into law? Based on extensive research, this book presents a new theory in which the concepts of actus reus and mens rea mark the limits of state power rather than simply describe the elements of a crime. Making the compelling distinction between legitimacy and justice, Guilty Acts, Guilty Minds provides an important perspective on the limits of state authority.
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.
Book Synopsis Criminal Law Reform Now by : J J Child
Download or read book Criminal Law Reform Now written by J J Child and published by Bloomsbury Publishing. This book was released on 2018-11-29 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: If you could change one part of the criminal law, what would it be? The editors put this question to nine leading academics and practitioners. The first nine chapters of the collection present their responses in the form of legal reform proposals, with topics ranging across criminal law, criminal justice and evidence – including confiscation, control orders, criminal attempts, homicide, assisted dying, the special status of children, time restrictions on prosecution, the right to silence, and special measures in court. Each chapter is followed by a comment from a different author, providing an additional expert view on each reform proposal. Finally, the last two chapters broaden the debate to discuss criminal law reform in general, examining various reform bodies and mechanisms across England, Wales and Scotland. Criminal Law Reform Now highlights and explores the current reform debates that matter most to legal experts, with each chapter making a case for positive change.
Book Synopsis Modern Bribery Law by : Jeremy Horder
Download or read book Modern Bribery Law written by Jeremy Horder and published by Cambridge University Press. This book was released on 2013-04-25 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Bribery Act 2010 is the most significant reform of UK bribery law in a century. This critical analysis offers an explanation of the Act, makes comparisons with similar legislation in other jurisdictions and provides a critical commentary, from both a UK and a US perspective, on the collapse of the distinction between public and private sector bribery. Drawing on their academic and practical experience, the contributors also analyse the prospects for enforcement and the difficulties facing lawyers seeking asset recovery following the laundering of the proceeds of bribery. International perspectives are provided via comparisons with the law in Spain, Hong Kong, the USA and Italy, together with broader analysis of the application of the law in relation to EU anti-corruption initiatives, international development and the arms trade.
Download or read book Criminal Law written by Jonathan Herring and published by . This book was released on 2007 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text provides an introduction to criminal law. It includes discussion of important case law developments in the law of provocation, consent, conspiracy and duress, and also discusses the Law Commission's proposals on the law of murder.
Book Synopsis DSM-5 and the Law by : Charles L. Scott
Download or read book DSM-5 and the Law written by Charles L. Scott and published by Oxford University Press, USA. This book was released on 2015 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Resource added for the Paralegal program 101101.
Book Synopsis Smith & Hogan Criminal Law by : John Cyril Smith
Download or read book Smith & Hogan Criminal Law written by John Cyril Smith and published by Oxford University Press, USA. This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A companion to Smith and Hogan: Criminal Law this work provides all thenecessary materials; cases, statutes, reports, extracts from books and articles,for an in-depth study of the general principles of criminal law. This editionhas been updated to incorporate new legislation such as the Sexual Offences Act2003 and relevant new case law.
