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Traite De Droit Penal Et De Science Criminelle Comparee
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Book Synopsis Theory of International Law at the Threshold of the 21st Century by : Makarczyk
Download or read book Theory of International Law at the Threshold of the 21st Century written by Makarczyk and published by Martinus Nijhoff Publishers. This book was released on 2023-09-14 with total page 1010 pages. Available in PDF, EPUB and Kindle. Book excerpt: Theory of International Law at the Threshold of the 21st Century is a remarkable book, and is destined to become a standard work, without which no International Law library will be complete. The essays contained in this volume are written by the foremost experts, and the topics have been chosen with the greatest care, to reflect the most pressing current problems facing the world community. The research and writing made available in this collection will be of enduring worth, and will be studied and quoted for decades to come. It follows in the finest traditions of the major collective works published by Martinus Nijhoff/Kluwer Law International. It is most appropriate that a remarkable book should be dedicated to a remarkable man, and the editor of the volume Professor Jerzy Makarczyk has ensured that the choice of writers, the choice of topics and the quality of the material do indeed honour one of the leading international lawyers of his generation: Professor Krzysztof Skubiszewski.
Book Synopsis The Dawn of a Discipline by : Frédéric Mégret
Download or read book The Dawn of a Discipline written by Frédéric Mégret and published by Cambridge University Press. This book was released on 2020-09-24 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: The history of international criminal justice is often recounted as a series of institutional innovations. But international criminal justice is also the product of intellectual developments made in its infancy. This book examines the contributions of a dozen key figures in the early phase of international criminal justice, focusing principally on the inter-war years up to Nuremberg. Where did these figures come from, what did they have in common, and what is left of their legacy? What did they leave out? How was international criminal justice framed by the concerns of their epoch and what intuitions have passed the test of time? What does it mean to reimagine international criminal justice as emanating from individual intellectual narratives? In interrogating this past in all its complexity one does not only do justice to it; one can recover a sense of the manifold trajectories that international criminal justice could have taken.
Book Synopsis Money and the Governance of Punishment by : Patricia Cabana
Download or read book Money and the Governance of Punishment written by Patricia Cabana and published by Routledge. This book was released on 2017-06-26 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Money is the most frequently means used in the legal system to punish and regulate. Monetary penalties outnumber all other sanctions delivered by criminal justice in many jurisdictions, imprisonment included. More people pay fines than go to prison and in some jurisdictions many of those in prison are there because of failure to pay their fines. Therefore, it is surprising how little has been written in the Anglophone academic world about the nature of money sanctions and their specific characteristics as legal sanctions. In many ways, legal innovations related to money sanctions have been poorly understood. This book argues that they are a direct consequence of the changing meaning of money. Considering the ‘meaninglessness’ of modern money, the book aims to examine the history of changing conceptions in how fines have been conceived and used. Using a set of interpretative techniques sensitive to how money and freedom are perceived, the genealogy of the penal fine is presented as a story of constant reformulation in response to shifting political pressures and changes in intellectual developments that influenced ideological commitments of legislators and practitioners. This book is multi-disciplinary and will appeal to those engaged with criminology, sociology and philosophy of punishment, socio-legal studies, and criminal law.
Author : Publisher :Kotobarabia.com ISBN 13 : Total Pages :248 pages Book Rating :4./5 ( download)
Download or read book written by and published by Kotobarabia.com. This book was released on with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Handbook of Comparative Criminal Law by : Kevin Jon Heller
Download or read book The Handbook of Comparative Criminal Law written by Kevin Jon Heller and published by Stanford University Press. This book was released on 2010-12-01 with total page 669 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook explores criminal law systems from around the world, with the express aim of stimulating comparison and discussion. General principles of criminal liability receive prominent coverage in each essay—including discussions of rationales for punishment, the role and design of criminal codes, the general structure of criminal liability, accounts of mens rea, and the rights that criminal law is designed to protect—before the authors turn to more specific offenses like homicide, theft, sexual offenses, victimless crimes, and terrorism. This key reference covers all of the world's major legal systems—common, civil, Asian, and Islamic law traditions—with essays on sixteen countries on six different continents. The introduction places each country within traditional distinctions among legal systems and explores noteworthy similarities and differences among the countries covered, providing an ideal entry into the fascinating range of criminal law systems in use the world over.
Book Synopsis L'interprétation des traités d'après la Convention de Vienne sur le droit des traités by :
Download or read book L'interprétation des traités d'après la Convention de Vienne sur le droit des traités written by and published by Martinus Nijhoff Publishers. This book was released on 1978-02-14 with total page 494 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Corporate Criminal Liability by : Mark Pieth
Download or read book Corporate Criminal Liability written by Mark Pieth and published by Springer Science & Business Media. This book was released on 2011-04-20 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: With industrialization and globalization, corporations acquired the capacity to influence social life for good or for ill. Yet, corporations are not traditional objects of criminal law. Justified by notions of personal moral guilt, criminal norms have been judged inapplicable to fictional persons, who ‘think’ and ‘act’ through human beings. The expansion of new corporate criminal liability (CCL) laws since the mid-1990s challenges this assumption. Our volume surveys current practice on CCL in 15 civil and common law jurisdictions, exploring the legal conditions for liability, the principles and options for sanctioning, and the procedures for investigating, charging and trying corporate offenders. It considers whether municipal CCL laws are converging around the notion of ‘corporate culture’, and, in any case, the implications of CCL for those charged with keeping corporations, and other legal entities, out of trouble.
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 271 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.
Book Synopsis Punishment and Social Structure by : Otto Kirchheimer
Download or read book Punishment and Social Structure written by Otto Kirchheimer and published by Routledge. This book was released on 2017-09-29 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why are certain methods of punishment adopted or rejected in a given social situation? To what extent is the development of penal methods determined by basic social relations? The answers to these questions are complex, and go well beyond the thesis that institutionalized punishment is simply for the protection of society. While today's punishment of offenders often incorporates aspects of psychology, psychiatry, and sociology, at one time there was a more pronounced difference in criminal punishment based on class and economics. Punishment and Social Structure originated from an article written by Georg Rusche in 1933 entitled "Labor Market and Penal Sanction: Thoughts on the Sociology of Criminal Justice." Originally published in Germany by the Frankfurt Institute of Social Research, this article became the germ of a theory of criminology that laid the groundwork for all subsequent research in this area. Rusche and Kirchheimer look at crime from an historical perspective, and correlate methods of punishment with both temporal cultural values and economic conditions. The authors classify the history of crime into three primary eras: the early Middle Ages, in which penance and fines were the predominant modes of punishment; the later Middle Ages, in which harsh corporal punishment and capital punishment moved to the forefront; and the seventeenth century, in which the prison system was more fully developed. They also discuss more recent forms of penal practice, most notably under the constraints of a fascist state.The majority of the book was translated from German into English, and then reshaped by Rusche's co-author, Otto Kirchheimer, with whom Rusche actually had little discussion. While the main body of Punishment and Social Structure are Rusche's ideas, Kirchheimer was responsible for bringing the book more up-to-date to include the Nazi and fascist era. Punishment and Social Structure is a pioneering work that sets a paradigm for the study of crime and punishment.
Book Synopsis Crimes against Humanity by : M. Cherif Bassiouni
Download or read book Crimes against Humanity written by M. Cherif Bassiouni and published by Cambridge University Press. This book was released on 2011-04-25 with total page 885 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book traces the evolution of crimes against humanity (CAH) and their application from the end of World War I to the present day, in terms of both historic legal analysis and subject-matter content. The first part of the book addresses general issues pertaining to the categorization of CAH in normative jurisprudential and doctrinal terms. This is followed by an analysis of the specific contents of CAH, describing its historic phases going through international criminal tribunals, mixed model tribunals and the International Criminal Court. The book examines the general parts and defenses of the crime, along with the history and jurisprudence of both international and national prosecutions. For the first time, a list of all countries that have enacted national legislation specifically directed at CAH is collected, along with all of the national prosecutions that have occurred under national legislation up to 2010.
Book Synopsis The Needed Balances in EU Criminal Law by : Chloé Brière
Download or read book The Needed Balances in EU Criminal Law written by Chloé Brière and published by Bloomsbury Publishing. This book was released on 2017-12-28 with total page 716 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important volume provides an up-to-date overview of the main questions currently discussed in the field of EU criminal law. It makes a stimulating addition to literature in the field, while offering its own distinctive features. It takes a four-part approach: firstly, it addresses issues of a constitutional nature, such as the EU competence in the field of criminal law, the importance of the principle of subsidiarity and the role played by the different EU institutions. Secondly, it looks at issues linked to the quest of the right balance between diversity and unity, and focuses in particular on the special relationship between approximation and mutual recognition. Thirdly, it focuses on the balance between security and freedom, or, in other words, between the shield and sword functions of EU criminal law. Special attention is given here to transatlantic cooperation, data protection, terrorism, the European Arrest Warrant and the European Investigation Order. Finally, it examines the importance of balanced relations between criminal justice actors.
Book Synopsis International Encyclopedia of Comparative Law by : René David
Download or read book International Encyclopedia of Comparative Law written by René David and published by Brill Archive. This book was released on 1975 with total page 854 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Criminal Liability of Managers in Europe by : Stanislaw Tosza
Download or read book Criminal Liability of Managers in Europe written by Stanislaw Tosza and published by Bloomsbury Publishing. This book was released on 2018-12-27 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every managerial decision is risky, at least to some extent. Conducting business is impossible without venturing into new territories and even the most ordinary daily choices could turn out to be failures. Excessive risk, however, can be very detrimental as was starkly illustrated by the most recent financial crisis. By criminalising managers' excessive risk-taking criminal law enters a sphere which is at the core of the activity it affects. At the same time it provides for criminal punishment for courses of conduct that, without doubt, can be extremely harmful. The objective of this book is to examine existing criminalisation of excessive risk-taking as well as to analyse whether such criminalisation is desirable and if yes, under which conditions.
Book Synopsis The Habitual Criminal by : Norval Morris
Download or read book The Habitual Criminal written by Norval Morris and published by Praeger. This book was released on 1973-03-12 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis EU Criminal Justice and the Challenges of Diversity by : Renaud Colson
Download or read book EU Criminal Justice and the Challenges of Diversity written by Renaud Colson and published by Cambridge University Press. This book was released on 2016-09-29 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU Criminal Justice and the Challenges of Diversity examines how questions of cultural difference between Member States' legal traditions are being constructed, addressed, and resolved in the development of the European Area of Freedom, Security, and Justice. The volume brings together leading socio-legal scholars and criminal justice professors from eight European countries and combines analytical approaches rooted in the social sciences with more normative approaches based on legal doctrine. It examines the construction of a common European criminal policy, explores some of the paths that may be followed by the EU in seeking to cope with national diversity in the field of criminal justice, and finally provides some insights into various forms of legal and cultural resistance offered by Member States to the European harmonisation process. In so doing, it bridges disciplinary boundaries between law and social sciences, and draws in a range of perspectives from around Europe.
Book Synopsis Extradition in International Law by : Ivan Anthony Shearer
Download or read book Extradition in International Law written by Ivan Anthony Shearer and published by Manchester University Press. This book was released on 1971 with total page 318 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.
