The Ethical Legitimization Of Criminal Law

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The Ethical Legitimization of Criminal Law

Author : Krzysztof Szczucki
Publisher : Rowman & Littlefield
ISBN 13 : 1666908061
Total Pages : 311 pages
Book Rating : 4.6/5 (669 download)

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Book Synopsis The Ethical Legitimization of Criminal Law by : Krzysztof Szczucki

Download or read book The Ethical Legitimization of Criminal Law written by Krzysztof Szczucki and published by Rowman & Littlefield. This book was released on 2022-05-09 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: When creating the norms of criminal law, the legislator should strive for their compatibility with the principle of human dignity while taking into account the ethical legitimacy of criminal law. This thesis is the axis around which The Ethical Legitimization of Criminal Law is constructed. Szczucki shows that criminal law is like a suit; to be a perfect fit, it has to be tailor-made. That is why he argues for three points of reference to guide moral evaluation of criminal law: first, the coherence of the legal system; second, the will of the legislator; and third, the virtues of citizens. Only by analyzing these concepts together in the context of legal culture can one answer the question of what makes good criminal law. The book concludes that an ethical perspective in analyzing, grounding, and evaluating criminal law is inevitable. Appealing to researchers, scholars, and professionals from across the criminal and legal spectrum, this book explores fundamental questions about the nature of ethical perspective in legal analysis.

Legitimacy and Compliance in Criminal Justice

Author : Adam Crawford
Publisher : Routledge
ISBN 13 : 0415671558
Total Pages : 231 pages
Book Rating : 4.4/5 (156 download)

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Book Synopsis Legitimacy and Compliance in Criminal Justice by : Adam Crawford

Download or read book Legitimacy and Compliance in Criminal Justice written by Adam Crawford and published by Routledge. This book was released on 2013 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to explore a number of connected themes relating to compliance, legitimacy and trust in different areas of criminal justice and socio-legal regulation.

International Criminal Justice

Author : Gideon Boas
Publisher : Edward Elgar Publishing
ISBN 13 : 1781005605
Total Pages : 335 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis International Criminal Justice by : Gideon Boas

Download or read book International Criminal Justice written by Gideon Boas and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔInternational criminal justice indeed is a crowded field. But this edited collection stands well above the crowd. And it does so with dignity. Through interdisciplinary analysis, the editors skillfully turn shibboleths into intrigues. Theirs is a kaleidoscopic project that scales a gamut of issues: from courtroom discipline, to gender, to the defense, to history. Through vivid deployment of unconventional methods, this edited collection unsettles conventional wisdom. It thereby pushes law and policy toward heartier horizons.Õ Ð Mark A. Drumbl, Washington and Lee University, School of Law, US International criminal justice as a discipline throws up numerous conceptual issues, engaging disciplines such as law, politics, history, sociology and psychology, to name but a few. This book addresses themes around international criminal justice from a mixture of traditional and more radical perspectives. While law, and in particular international law, is at the heart of much of the discussion around this topic, history, sociology and politics are invariably infused and, in some aspects of international criminal justice, are predominant elements. Fundamentally the exploration concerns questions of coherence and legitimacy, which are foundational to both the content and application of the discipline, and the book charts an illuminating path through these diverse perspectives. The contributions in this book come from some of the eminent scholars and practitioners in the area, and will provide some profound insight into and an enriched understanding of international criminal justice, helping to advance the field of study. This ambitious and necessary book will appeal to academics and students of international criminal law, international criminal justice, international law, transitional justice and comparative criminal law, as well as practitioners of international criminal law.

Criminal Law and the Authority of the State

Author : Antje du Bois-Pedain
Publisher : Bloomsbury Publishing
ISBN 13 : 1509905154
Total Pages : 264 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Criminal Law and the Authority of the State by : Antje du Bois-Pedain

Download or read book Criminal Law and the Authority of the State written by Antje du Bois-Pedain and published by Bloomsbury Publishing. This book was released on 2017-05-04 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does the state, as a public authority, relate to those under its jurisdiction through the criminal law? Connecting the ways in which criminal lawyers, legal theorists, public lawyers and criminologists address questions of the criminal law's legitimacy, contributors to this collection explore issues such as criminal law-making and jurisdiction; the political-ethical underpinnings of legitimate criminal law enforcement; the offence of treason; the importance of doctrinal guidance in the application of criminal law; the interface between tort and crime; and the purposes and mechanisms of state punishment. Overall, the collection aims to enhance and deepen our understanding of criminal law by conceiving of the practices of criminal justice as explicitly and distinctly embedded in the project of liberal self-governance.

The Dual Penal State

Author : Markus D. Dubber
Publisher : Oxford University Press
ISBN 13 : 0191061786
Total Pages : 320 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Dual Penal State by : Markus D. Dubber

Download or read book The Dual Penal State written by Markus D. Dubber and published by Oxford University Press. This book was released on 2018-09-04 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Dual Penal State, Markus Dubber addresses the rampant use of penal power in Western liberal democracies. The interference with the autonomy of the very persons upon whose autonomy the legitimacy of state power is supposed to rest is systemically normalized, rather than continuously scrutinized. The fundamental challenge of the penal paradox-the prima facie illegitimacy of modern punishment-remains unaddressed and unresolved. Focusing on the United States and Germany, and drawing on his influential account of the patriarchal origins of police power, Dubber exposes the persistence of a two-sided criminal justice regime: the dual penal state. The dual penal state combines principled punishment of equals under the rule of law, on one side, with punitive discipline of others under the rule of police, on the other. Slavery has long played a central role in drawing the line between the two sides of the dual penal state. In Europe, the slave appears in the classic and still foundational accounts of liberal punishment (from Beccaria to Kant) as the paradigmatic other beyond the protection of law, not a legal subject but a mere object of the master's or the state's discretionary discipline. In America, the patriarchal power to police portrays the continuum from the antebellum slaveholder's whipping of his slaves in private and the racial terror perpetrated by slave patrols in public, to the apartheid regime of Jim Crow and the treatment of prisoners as "slaves of the state," and eventually to the late 20th century's systemic racial violence of the “war on crime" and the widespread killing of Black suspects by an increasingly militarized and armed police force that triggered the global Black Lives Matter movement.

Shocking the Conscience of Humanity

Author : Margaret M. deGuzman
Publisher : Oxford University Press, USA
ISBN 13 : 0198786158
Total Pages : 241 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Shocking the Conscience of Humanity by : Margaret M. deGuzman

Download or read book Shocking the Conscience of Humanity written by Margaret M. deGuzman and published by Oxford University Press, USA. This book was released on 2020-04-13 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most commonly cited justification for international criminal law is that it addresses crimes of such gravity that they "shock the conscience of humanity." From decisions about how to define crimes and when to exercise jurisdiction, to limitations on defences and sentencing determinations, gravity rhetoric permeates the discourse of international criminal law. Yet the concept of gravity has thus far remained highly undertheorized. This book uncovers the consequences for the regime's legitimacy of its heavy reliance on the poorly understood idea of gravity. Margaret M. deGuzman argues that gravity's ambiguity may at times enable a thin consensus to emerge around decisions, such as the creation of an institution or the definition of a crime, but that, increasingly, it undermines efforts to build a strong and resilient global justice community. The book suggests ways to reconceptualize gravity in line with global values and goals to better support the long-term legitimacy of international criminal law.

Sentencing and the Legitimacy of Trial Justice

Author : Ralph Henham
Publisher :
ISBN 13 : 9780415833950
Total Pages : 0 pages
Book Rating : 4.8/5 (339 download)

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Book Synopsis Sentencing and the Legitimacy of Trial Justice by : Ralph Henham

Download or read book Sentencing and the Legitimacy of Trial Justice written by Ralph Henham and published by . This book was released on 2013-05-15 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the under-researched relationship between sentencing and the legitimacy of punishment. It argues that there is an increasing gap between what is perceived as legitimate punishment and the sentencing decisions of the criminal courts. Drawing on a wide variety of empirical research evidence, the book explores how sentencing could be developed within a more socially-inclusive framework for the delivery of trial justice. In the international context, such developments are directly relevant to the future role of the International Criminal Court, especially its ability to deliver more coherent and inclusive trial outcomes that contribute to social reconstruction. Similarly, in the national context, these issues have a vital role to play in helping to re-position trial justice as a credible cornerstone of criminal justice governance where social diversity persists. In so doing the book should help policy-makers in appreciating the likely implications for criminal trials of 'mainstreaming' restorative forms of justice. Sentencing and the Legitimacy of Trial Justice firmly ties the issue of legitimacy to the relevant context for delivering 'justice'. It suggests a need to develop the tools and methods for achieving this and offers some novel solutions to this complex problem. This book will be a valuable resource for graduate students, academics, practitioners and policy makers in the field of criminal justice as well as scholars interested in socio-legal and cross-disciplinary approaches to the analysis of criminal process and sentencing and the development of theory and comparative methodology in this area.

Justice, Legitimacy, and Self-Determination

Author : Allen Buchanan
Publisher : OUP Oxford
ISBN 13 : 0191522465
Total Pages : 528 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis Justice, Legitimacy, and Self-Determination by : Allen Buchanan

Download or read book Justice, Legitimacy, and Self-Determination written by Allen Buchanan and published by OUP Oxford. This book was released on 2003-08-21 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, 'the right of self-determination of peoples,' human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make justice, not simply peace, among states a primary goal, and rejecting the view that it is permissible for a state to conduct its foreign policies exclusively according to what is in the 'the national interest'. He also shows that the only alternatives are not rigid adherence to existing international law or lawless chaos in which the world's one superpower pursues its own interests without constraints. This book not only criticizes the existing international legal order, but also offers morally defensible and practicable principles for reforming it. Justice, Legitimacy, and Self-Determination will find a broad readership in political science, international law, and political philosophy. Oxford Political Theory presents the best new work in political theory. It is intended to be broad in scope, including original contributions to political philosophy and also work in applied political theory. The series contains works of outstanding quality with no restrictions as to approach or subject matter. Series Editors: Will Kymlicka, David Miller, and Alan Ryan

Legitimizing European Criminal Law

Author : Merita Kettunen
Publisher : Springer Nature
ISBN 13 : 3030161749
Total Pages : 278 pages
Book Rating : 4.0/5 (31 download)

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Book Synopsis Legitimizing European Criminal Law by : Merita Kettunen

Download or read book Legitimizing European Criminal Law written by Merita Kettunen and published by Springer Nature. This book was released on 2019-11-08 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines how and according to which principles the enactment of European criminal legislation is legitimate. The approach adopted here focuses on the constitutionalization of criminal law (i.e., the growing importance of constitutional elements of the EU legal order and the ECHR regime within criminal law). Further, it shows how and why criminal law has a unique nature, and why it should not be equated with other fields of EU law.The book explains the basic research questions and methodologies, before turning to the nature of criminal law at the level of national law, and addressing the different levels of justification for criminal law. Further, it examines the most prominent features of European criminal law and the difference between general EU law and EU criminal law, as well as the theoretical ideals for European constitutional structures and criminal law. Examples of how the law in practice might not always be in keeping with these normative ideals serve to round out the coverage.

Trust and Legitimacy in Criminal Justice

Author : Gorazd Meško
Publisher : Springer
ISBN 13 : 3319098136
Total Pages : 293 pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis Trust and Legitimacy in Criminal Justice by : Gorazd Meško

Download or read book Trust and Legitimacy in Criminal Justice written by Gorazd Meško and published by Springer. This book was released on 2014-11-18 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book explores police legitimacy and crime control, with a focus on the European region. Using comparative case studies, the contributions to this timely volume examine the effects of a transition to democracy on policing, public attitudes towards police legitimacy, and the ways in which perceptions of police legitimacy relate to compliance with the law. Following these case studies, the authors provide recommendations for improving police legitimacy and controlling crime, in these particular sociopolitical environments, where the police are often associated with previous military or paramilitary roles. The techniques used by these researchers may be applied to studies for policing in other regions, with potential applications within Europe and beyond. Chapters present topical issues of crime, crime control and human emotions regarding crime, criminals, law enforcement and punishment in contemporary societies. This book will be of interest to researchers in criminology and criminal justice, as well as political science and public policy. This book is highly recommended for anyone interested in procedural justice and legitimacy, encounters between citizens and the state, the effectiveness of governmental institutions, and democratic development. It stands alone in its broad, cross-national contributions to understanding these issues. -Wesley G. Skogan, PhD, Professor of Political Science, Northwestern University, Chicago, IL, USA

The Routledge Handbook of Criminal Justice Ethics

Author : Jonathan Jacobs
Publisher : Routledge
ISBN 13 : 1134619529
Total Pages : 601 pages
Book Rating : 4.1/5 (346 download)

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Book Synopsis The Routledge Handbook of Criminal Justice Ethics by : Jonathan Jacobs

Download or read book The Routledge Handbook of Criminal Justice Ethics written by Jonathan Jacobs and published by Routledge. This book was released on 2016-07-01 with total page 601 pages. Available in PDF, EPUB and Kindle. Book excerpt: The enormous financial cost of criminal justice has motivated increased scrutiny and recognition of the need for constructive change, but what of the ethical costs of current practices and policies? Moreover, if we seriously value the principles of liberal democracy then there is no question that the ethics of criminal justice are everybody’s business, concerns for the entire society. The Routledge Handbook of Criminal Justice Ethics brings together international scholars to explore the most significant ethical issues throughout their many areas of expertise, anchoring their discussions in the empirical realities of the issues faced rather than applying moral theory at a distance. Contributions from philosophers, legal scholars, criminologists and psychologists bring a fresh and interdisciplinary approach to the field. The Handbook is divided into three parts: Part I addresses the core issues concerning criminal sanction, the moral and political aspects of the justification of punishment, and the relationship between law and morality. Part II examines criminalization and criminal liability, and the assumptions and attitudes shaping those aspects of contemporary criminal justice. Part III evaluates current policies and practices of criminal procedure, exploring the roles of police, prosecutors, judges, and juries and suggesting directions for revising how criminal justice is achieved. Throughout, scholars seek pathways for change and suggest new solutions to address the central concerns of criminal justice ethics. This book is an ideal resource for upper-undergraduate and postgraduate students taking courses in criminal justice ethics, criminology, and criminal justice theory, and also for students of philosophy interested in punishment, law and society, and law and ethics.

Bioethics, Medicine and the Criminal Law

Author : Amel Alghrani
Publisher :
ISBN 13 : 9781139776813
Total Pages : 308 pages
Book Rating : 4.7/5 (768 download)

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Book Synopsis Bioethics, Medicine and the Criminal Law by : Amel Alghrani

Download or read book Bioethics, Medicine and the Criminal Law written by Amel Alghrani and published by . This book was released on 2014-05-14 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who should define what constitutes ethical and lawful medical practice? Judges? Doctors? Scientists? Or someone else entirely? This volume analyses how effectively criminal law operates as a forum for resolving ethical conflict in the delivery of health care. It addresses key questions such as: how does criminal law regulate controversial bioethical areas? What effect, positive or negative, does the use of criminal law have when regulating bioethical conflict? And can the law accommodate moral controversy? By exploring criminal law in theory and in practice and examining the broad field of bioethics as opposed to the narrower terrain of medical ethics, it offers balanced arguments that will help readers form reasoned views on the ethical legitimacy of the invocation and use of criminal law to regulate medical and scientific practice and bioethical issues.

The Legitimacy of EU Criminal Law

Author : Irene Wieczorek
Publisher : Bloomsbury Publishing
ISBN 13 : 1509919759
Total Pages : 267 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Legitimacy of EU Criminal Law by : Irene Wieczorek

Download or read book The Legitimacy of EU Criminal Law written by Irene Wieczorek and published by Bloomsbury Publishing. This book was released on 2020-07-09 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book traces the history of the EU competence, EU policy discourse and EU legislation in the field of criminalisation from Maastricht until the present day. It asks 'Why EU Criminal Law?' looking at what rationales the Treaty, policy document and legislation put forth when deciding whether a certain behaviour should be a criminal offence. To interpret the EU approach to criminalisation, it relies on both modern and post-modern theoretical frameworks on the legitimacy of criminal law, read jointly with the theories on the functions of EU harmonisation of national law. The book demonstrates that while EU constitutional law leans towards an effectiveness-based, enforcement-driven, understanding of criminal law, the EU has in fact in more than one instance adopted symbolic EU criminal law, ie criminal law aimed at highlighting what values are important to the EU, but which is not fit to actually deter individuals from harming such values. The book then questions whether this approach is consistent or in contradiction with the values-based constitutional identity the EU has set for itself.

Understanding Legitimacy in Criminal Justice

Author : Liqun Cao
Publisher : Springer Nature
ISBN 13 : 3031177312
Total Pages : 175 pages
Book Rating : 4.0/5 (311 download)

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Book Synopsis Understanding Legitimacy in Criminal Justice by : Liqun Cao

Download or read book Understanding Legitimacy in Criminal Justice written by Liqun Cao and published by Springer Nature. This book was released on 2022-10-17 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book updates the recent quantitative and qualitative, empirical and theoretical literature on legitimacy, focusing on how it can be measured in diversified research environments. Highlighting the different measurements and the critique surrounding them, this volume is a coherent and systematic guide to theory on legitimacy. This book is divided into three sections: Theoretical framework Legitimacy and its measures Legitimacy International Within these three parts, individual chapters are expected to provide in-depth analysis of core topics, including development, measurement, and cultural disparities, and collectively represent a comprehensive review of legitimacy in theory and in methodology in the global context. The book is ideal for researchers and graduate criminology and criminal justice students.

Legitimacy and Criminal Justice

Author : Justice Tankebe
Publisher : OUP Oxford
ISBN 13 : 9780198701996
Total Pages : 0 pages
Book Rating : 4.7/5 (19 download)

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Book Synopsis Legitimacy and Criminal Justice by : Justice Tankebe

Download or read book Legitimacy and Criminal Justice written by Justice Tankebe and published by OUP Oxford. This book was released on 2013-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Brings together internationally renowned scholars from a range of disciplines, including criminology, international relations, sociology and political science, to examine the meaning of legitimacy and the implications for its future empirical analysis in the context of criminal justice.

Encyclopedia of Criminal Justice Ethics

Author : Bruce A. Arrigo
Publisher : SAGE Publications
ISBN 13 : 1483346587
Total Pages : 1202 pages
Book Rating : 4.4/5 (833 download)

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Book Synopsis Encyclopedia of Criminal Justice Ethics by : Bruce A. Arrigo

Download or read book Encyclopedia of Criminal Justice Ethics written by Bruce A. Arrigo and published by SAGE Publications. This book was released on 2014-07-17 with total page 1202 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federal, state, county, and municipal police forces all have their own codes of conduct, yet the ethics of being a police officer remain perplexing and are often difficult to apply in dynamic situations. The police misconduct statistics are staggering and indicate that excessive use of force comprises almost a quarter of misconduct cases, with sexual harassment, fraud/theft, and false arrest being the next most prevalent factors. The ethical issues and dilemmas in criminal justice also reach deep into the legal professions, the structure and administration of justice in society, and the personal characteristics of those in the criminal justice professions. The Encyclopedia of Criminal Justice Ethics includes A to Z entries by experts in the field that explore the scope of ethical decision making and behaviors within the spheres of criminal justice systems, including policing, corrections, courts, forensic science, and policy analysis and research. This two-volume set is available in both print and electronic formats. Features: Entries are authored and signed by experts in the field and conclude with references and further readings, as well as cross references to related entries that guide readers to the next steps in their research journeys. A Reader's Guide groups related entries by broad topic areas and themes, making it easy for readers to quickly identify related entries. A Chronology highlights the development of the field and places material into historical context; a Glossary defines key terms from the fields of law and ethics; and a Resource Guide provides lists of classic books, academic journals, websites and associations focused on criminal justice ethics. Reports and statistics from such sources as the FBI, the United Nations, and the International Criminal Court are included in an appendix. In the electronic version, the Reader's Guide, index, and cross references combine to provide effective search-and-browse capabilities. The Encyclopedia of Criminal Justice Ethics provides a general, non-technical yet comprehensive resource for students who wish to understand the complexities of criminal justice ethics.

Criminal Justice Ethics

Author : Cyndi Banks
Publisher : SAGE Publications
ISBN 13 : 1506326064
Total Pages : 679 pages
Book Rating : 4.5/5 (63 download)

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Book Synopsis Criminal Justice Ethics by : Cyndi Banks

Download or read book Criminal Justice Ethics written by Cyndi Banks and published by SAGE Publications. This book was released on 2016-02-23 with total page 679 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal Justice Ethics, Fourth Edition examines the criminal justice system through an ethical lens by identifying ethical issues in practice and theory, exploring ethical dilemmas, and offering suggestions for resolving ethical issues and dilemmas faced by criminal justice professionals. Bestselling author Cyndi Banks draws readers into a unique discussion of ethical issues by exploring moral dilemmas faced by professionals in the criminal justice system before examining the major theoretical foundations of ethics. This distinct organization allows readers to understand real life ethical issues before grappling with philosophical approaches to the resolution of those issues.