The Western Codification of Criminal Law

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Author :
Publisher : Springer
ISBN 13 : 3319719122
Total Pages : 427 pages
Book Rating : 4.3/5 (197 download)

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Book Synopsis The Western Codification of Criminal Law by : Aniceto Masferrer

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.

Criminal Law in Liberal and Fascist Italy

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Publisher : Cambridge University Press
ISBN 13 : 1316817733
Total Pages : 907 pages
Book Rating : 4.3/5 (168 download)

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Book Synopsis Criminal Law in Liberal and Fascist Italy by : Paul Garfinkel

Download or read book Criminal Law in Liberal and Fascist Italy written by Paul Garfinkel and published by Cambridge University Press. This book was released on 2017-01-09 with total page 907 pages. Available in PDF, EPUB and Kindle. Book excerpt: By extending the chronological parameters of existing scholarship, and by focusing on legal experts' overriding and enduring concern with 'dangerous' forms of common crime, this study offers a major reinterpretation of criminal-law reform and legal culture in Italy from the Liberal (1861–1922) to the Fascist era (1922–43). Garfinkel argues that scholars have long overstated the influence of positivist criminology on Italian legal culture and that the kingdom's penal-reform movement was driven not by the radical criminological theories of Cesare Lombroso, but instead by a growing body of statistics and legal researches that related rising rates of crime to the instability of the Italian state. Drawing on a vast array of archival, legal and official sources, the author explains the sustained and wide-ranging interest in penal-law reform that defined this era in Italian legal history while analyzing the philosophical underpinnings of that reform and its relationship to contemporary penal-reform movements abroad.

Money and the Governance of Punishment

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Author :
Publisher : Routledge
ISBN 13 : 113487264X
Total Pages : 241 pages
Book Rating : 4.1/5 (348 download)

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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.

The Italian Legal System

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Author :
Publisher : Lexis Law Publishing (Va)
ISBN 13 :
Total Pages : 560 pages
Book Rating : 4.X/5 ( download)

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Book Synopsis The Italian Legal System by : G. Leroy Certoma

Download or read book The Italian Legal System written by G. Leroy Certoma and published by Lexis Law Publishing (Va). This book was released on 1985 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Comparing Transitions to Democracy. Law and Justice in South America and Europe

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Publisher : Springer Nature
ISBN 13 : 3030675025
Total Pages : 323 pages
Book Rating : 4.0/5 (36 download)

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Book Synopsis Comparing Transitions to Democracy. Law and Justice in South America and Europe by : Cristiano Paixão

Download or read book Comparing Transitions to Democracy. Law and Justice in South America and Europe written by Cristiano Paixão and published by Springer Nature. This book was released on 2021-10-01 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: This present book examines some of the key features of the interplay between legal history, authoritarian rule and political transitions in Brazil and other countries from the end of 20th Century until today. This book casts light on these aspects of the role of law and legal actors/institutions. In the context of transition from authoritarian rule to democratic state, Brazil has produced a significant literature on the challenges and shortcomings of the transition, but little attention has been given to the role of law and legal actors/institutions. Different approaches focus on the legal mechanisms, discourses and practices used by the military regime and by the players involved in the political transition process in Brazil. A comparative perspective that takes into account different political transitions – and their legal consequences – in Europe and Latin America complements the analysis. Part 1 (4 essays) discusses some of the central issues of political transition and legal history in contemporary Brazil, focusing on the time of the transition (and its effects on transitional justice) with different perspectives, from racial and gender issues to constitutional reform and police repression. Part 2 (3 essays) brings the comparative studies on South American experiences. Part 3 (4 essays) analyses different cases of transition to democracy in Chile, Portugal, Spain and Italy. Part 4 (3 essays) proposes a historiographical and methodological approach, considering the politics of time involved in the interplay between political transitions and legal history.

Recueil Des Cours, Collected Courses 1963

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789028614727
Total Pages : 876 pages
Book Rating : 4.6/5 (147 download)

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Book Synopsis Recueil Des Cours, Collected Courses 1963 by : Academie De Droit International De La Ha

Download or read book Recueil Des Cours, Collected Courses 1963 written by Academie De Droit International De La Ha and published by Martinus Nijhoff Publishers. This book was released on 1968-12-01 with total page 876 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .

Italian Studies in Law

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9780792324836
Total Pages : 262 pages
Book Rating : 4.3/5 (248 download)

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Book Synopsis Italian Studies in Law by : Alessandro Pizzorusso

Download or read book Italian Studies in Law written by Alessandro Pizzorusso and published by Martinus Nijhoff Publishers. This book was released on 1994-05-27 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Italian Studies in Law" is a new yearbook containing a selection of studies on Italian law edited by the Italian Association of Comparative Law. Each volume includes essays on private law, public law, procedural law and other judicial disciplines that are of interest to jurists in other countries, which will allow them to form an opinion on developments in the study of law conducted in Italian legal faculties.

Nullum Crimen Sine Lege, the European Convention on Human Rights and the Foreseeability of the Law

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Publisher : Nomos Verlag
ISBN 13 : 3748922760
Total Pages : 492 pages
Book Rating : 4.7/5 (489 download)

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Book Synopsis Nullum Crimen Sine Lege, the European Convention on Human Rights and the Foreseeability of the Law by : Sara Paiusco

Download or read book Nullum Crimen Sine Lege, the European Convention on Human Rights and the Foreseeability of the Law written by Sara Paiusco and published by Nomos Verlag. This book was released on 2021-06-17 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: Das Buch untersucht nullum crimen sine lege als europäischen Grundsatz. Die Untersuchung konzentriert sich auf die Rolle der Vorhersehbarkeit als Lösung für die Legalitätsprobleme, die sich aus dem Richterrecht im Strafrecht ergeben. Die Vorhersehbarkeit und seine Entwicklung werden in der Rechtsprechung des EGMR untersucht. Aktuelle Lösungen, die von Zivilrechtsstaaten (Italien und Deutschland) angenommen wurden, werden auch unter Berücksichtigung der theoretischen Grundlagen von ncsl analysiert. Darüber hinaus wird die Rolle der Vorhersehbarkeit im EU-Recht als Beispiel für eine wirkungsorientierte Rechtsordnung betrachtet. Abschließend werden Zukunftsperspektiven für die Umsetzung der Vorhersehbarkeit analysiert.

Foundations of Property Law

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Publisher : Oxford University Press
ISBN 13 : 0198885334
Total Pages : 481 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Foundations of Property Law by : Christian von Bar

Download or read book Foundations of Property Law written by Christian von Bar and published by Oxford University Press. This book was released on 2023-08-25 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foundations of Property Law: Things as Objects of Property Rights is an abridged translation of the first volume of Christian von Bar's Gemeineuropäisches Sachenrecht -a milestone in European private law theory, and in comparative property law more broadly. Radical in content and scope, the English version examines the dynamics of interaction between the objects, contents, and holders of property. The conceptual framework of 'property law' is presented as a domain of erga omnes monopoly rights that govern the relationship between persons and objects of value. Within that framework, a reciprocal relationship is illustrated between "property rights" and their objects; property rights play a role in constituting the very objects ("things") in which they are held. With comprehensive comparative analysis, insights are gleaned from all the jurisdictions of the European Union and the United Kingdom, presenting a critical evaluation of property law systems in both Common and Civil Law traditions. This book joins all the national legal systems in a single inquiry, treating their traditions and arguments with the respect they deserve and taking advantage of the knowledge embodied in the diversity of European private law. A scholastic work, offering deep and unique insights into the European property law systems, Foundations of Property Law will quickly become a go-to resource for anyone interested in European private law and comparative property law.

Memory and Punishment

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Publisher : Springer
ISBN 13 : 9462652341
Total Pages : 246 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Memory and Punishment by : Emanuela Fronza

Download or read book Memory and Punishment written by Emanuela Fronza and published by Springer. This book was released on 2018-02-27 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the criminalisation of denials of genocide and of other mass atrocities in Europe and discusses the implications of protecting institutional historical memory through criminal law. The analysis highlights the tensions with free speech, investigating the relationship between criminal law and historical memory. The book paves the way for a broader discussion about fake news, ‘post-truth’ scenarios, and free expression in a digital world. The author underscores the need to protect well-founded factual records from the dangers of misinformation. Historical denialism and the related jurisprudence represent a key step in exploring this complex field. The book combines an interdisciplinary approach with criminal law methodology. It is primarily aimed at academics, practitioners and others who wish to deepen their understanding of historical denialism, remembrance laws, ‘speech crimes’ and freedom of expression. Emanuela Fronza is Senior Research Fellow in Criminal Law and Lecturer in International and European Criminal Law at the School of Law, University of Bologna. She is a Principal Investigator within the EU research consortium Memory Laws in European and Comparative Perspectives funded by HERA (Humanities in the European Research Area).

Recueil Des Cours, Collected Courses, 1970

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789028600614
Total Pages : 658 pages
Book Rating : 4.6/5 (6 download)

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Book Synopsis Recueil Des Cours, Collected Courses, 1970 by :

Download or read book Recueil Des Cours, Collected Courses, 1970 written by and published by Martinus Nijhoff Publishers. This book was released on 1971-12-31 with total page 658 pages. Available in PDF, EPUB and Kindle. Book excerpt:

New Serial Titles

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Publisher :
ISBN 13 :
Total Pages : 1632 pages
Book Rating : 4.:/5 (89 download)

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Book Synopsis New Serial Titles by :

Download or read book New Serial Titles written by and published by . This book was released on 1994 with total page 1632 pages. Available in PDF, EPUB and Kindle. Book excerpt: A union list of serials commencing publication after Dec. 31, 1949.

Storia del diritto penale e della giustizia

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Publisher : Giuffrè Editore
ISBN 13 : 8814145075
Total Pages : 1361 pages
Book Rating : 4.8/5 (141 download)

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Book Synopsis Storia del diritto penale e della giustizia by : Mario Sbriccoli

Download or read book Storia del diritto penale e della giustizia written by Mario Sbriccoli and published by Giuffrè Editore. This book was released on 2009 with total page 1361 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Transnational Inquiries and the Protection of Fundamental Rights in Criminal Proceedings

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Author :
Publisher : Springer Science & Business Media
ISBN 13 : 3642320120
Total Pages : 561 pages
Book Rating : 4.6/5 (423 download)

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Book Synopsis Transnational Inquiries and the Protection of Fundamental Rights in Criminal Proceedings by : Stefano Ruggeri

Download or read book Transnational Inquiries and the Protection of Fundamental Rights in Criminal Proceedings written by Stefano Ruggeri and published by Springer Science & Business Media. This book was released on 2013-01-09 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: The protection of fundamental rights in the field of transnational criminal inquiries is of great delicateness in the current tangled web of domestic and international legal sources. Due to this complex scenario, this research has been carried out from a four-level perspective. The first part provides a critical analysis of the multilevel systems of protecting fundamental rights from the perspective of supranational and constitutional case law, and in the field of international and organized crime. The second part focuses on EU judicial cooperation in three main fields: financial and serious organized crime, mutual recognition tools, and individual rights protection. The third part provides the perspectives of ten domestic legal systems in two fields, i.e., obtaining evidence abroad and cooperation with international criminal tribunals. The fourth part analyses cross-border inquiries in comparative law, providing a reconstruction of different models of obtaining evidence overseas.

Neuroscience and Law

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Publisher : Springer Nature
ISBN 13 : 3030388409
Total Pages : 563 pages
Book Rating : 4.0/5 (33 download)

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Book Synopsis Neuroscience and Law by : Antonio D’Aloia

Download or read book Neuroscience and Law written by Antonio D’Aloia and published by Springer Nature. This book was released on 2020-06-01 with total page 563 pages. Available in PDF, EPUB and Kindle. Book excerpt: There have been extraordinary developments in the field of neuroscience in recent years, sparking a number of discussions within the legal field. This book studies the various interactions between neuroscience and the world of law, and explores how neuroscientific findings could affect some fundamental legal categories and how the law should be implemented in such cases. The book is divided into three main parts. Starting with a general overview of the convergence of neuroscience and law, the first part outlines the importance of their continuous interaction, the challenges that neuroscience poses for the concepts of free will and responsibility, and the peculiar characteristics of a “new” cognitive liberty. In turn, the second part addresses the phenomenon of cognitive and moral enhancement, as well as the uses of neurotechnology and their impacts on health, self-determination and the concept of being human. The third and last part investigates the use of neuroscientific findings in both criminal and civil cases, and seeks to determine whether they can provide valuable evidence and facilitate the assessment of personal responsibility, helping to resolve cases. The book is the result of an interdisciplinary dialogue involving jurists, philosophers, neuroscientists, forensic medicine specialists, and scholars in the humanities; further, it is intended for a broad readership interested in understanding the impacts of scientific and technological developments on people’s lives and on our social systems.

Sales

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Author :
Publisher : Walter de Gruyter
ISBN 13 : 3866537107
Total Pages : 526 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis Sales by : Ewoud Hondius

Download or read book Sales written by Ewoud Hondius and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rules presented in this volume of the "Principles of European Law" deal with sales contracts. The sales contact has served as the paradigm for contracts in general. Moreover, it is also probably the most common contract, and certainly the most common consumer contract, that there is. In fact, sales come in all shapes and sizes: ranging from the purchase of the daily newspaper at the news-stand or the groceries in the supermarket, through to the purchase of a new car and to commodity sales on highly specialised markets. Furthermore, there are many mixed transactions that contain a certain element of sale, such as distribution contracts or all sorts or manufacturing contracts.

Benevolent Intervention in Another's Affairs

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Author :
Publisher : Walter de Gruyter
ISBN 13 : 3866537069
Total Pages : 448 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis Benevolent Intervention in Another's Affairs by : Christian von Bar

Download or read book Benevolent Intervention in Another's Affairs written by Christian von Bar and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: In all legal systems of the European Union the law of contract and the law of tort form the main pillars of the law of obligations. Legal history and comparative law show, however, that it is not possible to cope with these two bodies of rules alone – even if their scope of application is generously conceived. Another part of the law of obligations, alongside the law of unjustified enrichment, which to some extent lies “between” contract and tort and fills the gaps that those areas of the law leave behind, is subject of this Book. The Study Group on a European Civil Code has drafted Principles relating to the unsolicited and voluntary undertaking of another’s affairs on the basis of a reasonable ground for intervention: “Principles of European Law: Benevolent Intervention in Another’s Affairs”.