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Les Droit De Lhomme Bouclier Ou Epee Du Droit Penal
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Book Synopsis Criminal law between war and peace by : Stefano Manacorda
Download or read book Criminal law between war and peace written by Stefano Manacorda and published by Ministerio de Justicia. This book was released on 2009 with total page 820 pages. Available in PDF, EPUB and Kindle. Book excerpt: If subjecting war to law is one of the most important legal achievements of the 20th century, progressing further in that direction is one of the most important challenges for the 21st century. The problems it poses are many: the term “war” has formally fallen into disuse and we talk about “peacekeeping”; armies are today the product of cooperation between states and international organizations; private contractors increasingly participate in warlike activities, as the case of the Iraq war demonstrates; and the lines between war and very serious forms of crime (terrorism, organized crime) are increasingly blurred. This volume compiles the contributions presented at XVth International Congress on Social Defence, and tackle the criminal-legal issues raised by these new scenarios. It constitutes an innovative volume, gathering together the work of both academic and military authors, who have drawn on their theoretical and practical experience.
Book Synopsis Prosecuting Human Rights Offences by : Krešimir Kamber
Download or read book Prosecuting Human Rights Offences written by Krešimir Kamber and published by BRILL. This book was released on 2017-01-09 with total page 598 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Prosecuting Human Rights Offences: Rethinking the Sword Function of Human Rights Law the author explores and explains the extent to which the features of the procedural obligation to investigate, prosecute and punish criminal attacks on human rights determine the contemporary understanding of the function of criminal prosecution. The author provides an innovative and thought-provoking account of the highly topical and largely unexplored topic of the sword function of human rights law. The book contains the first comprehensive and holistic analysis of the procedural obligation to investigate and prosecute human rights offences in the law of the European Convention on Human Rights, which the author puts in the general perspectives of human rights law and criminal procedure.
Book Synopsis The Routledge Handbook of European Criminology by : Sophie Body-Gendrot
Download or read book The Routledge Handbook of European Criminology written by Sophie Body-Gendrot and published by Routledge. This book was released on 2013-08-15 with total page 571 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new book brings together some of the leading criminologists across Europe, to showcase the best of European criminology. This Handbook aims to reflect the range and depth of current work in Europe, and to counterbalance the impact of the – sometimes insular and ethnocentric – Anglo-American criminological tradition. The end-product is a collection of twenty-eight chapters illustrating a truly comparative and interdisciplinary European criminology. The editors have assembled a cast of leading voices to reflect on differences and commonalities, elaborate on theoretically grounded comparisons and reflect on emerging themes in criminology in Europe. After the editors’ introduction, the book is organised in three parts: five chapters offering historical, theoretical and policy oriented overviews of European issues in crime and crime control; seven chapters looking at different dimensions of crime in Europe, includingcrime trends, state crime, gender and crime and urban safety; fifteen chapters examining the variety of institutional responses, exploring issues such as policing, juvenile justice, punishment, green crime and the role of the victim. This book gives some indication of the richness and scope of the emerging comparative European criminology and will be required reading for anyone who wants to understand trends in crime and its control across Europe. It will also be a valuable teaching resource, especially at postgraduate level, as well as an important reference point for researchers and scholars of criminology across Europe.
Book Synopsis Facing the Limits of the Law by : Erik Claes
Download or read book Facing the Limits of the Law written by Erik Claes and published by Springer Science & Business Media. This book was released on 2009-04-21 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many legal experts no longer share an unbounded trust in the potential of law to govern society efficiently and responsibly. They often experience the 'limits of the law', as they are confronted with striking inadequacies in their legal toolbox, with inner inconsistencies of the law, with problems of enforcement and obedience, and with undesired side-effects, and so on. The contributors to this book engage in the challenging task of making sense of this experience. Against the background of broader cultural transformations (such as globalisation, new technologies, individualism and cultural diversity), they revisit a wide range of areas of the law and map different types of limits in relation to some basic functions and characteristics of the law. Additionally, they offer a set of strategies to manage justifiably law's limits, such as dedramatising law's limits, conceptual refinement ('constructivism'), striking the right balance between different functions of the law, seeking for complementarity between law and other social practices.
Book Synopsis Civilising Criminal Justice by : David J. Cornwell
Download or read book Civilising Criminal Justice written by David J. Cornwell and published by Waterside Press. This book was released on 2013 with total page 571 pages. Available in PDF, EPUB and Kindle. Book excerpt: Probably the best collection there is, Civilizing Criminal Justice is an inescapable resource for anyone interested in restorative justice: truly international and packed with experience while combining history, theory, developments and practical advice.This volume of specially commissioned contributions by widely respected commentators on crime and punishment from various countries is a 'break-through' in bringing together some of the best arguments for long-overdue penal reform. An increasingly urgent need to change outmoded criminal processes, even in advanced democracies, demands an end to those penal excesses driven by political expediency and damaging notions of retribution, deterrence and punishment for its own sake. 'Civilising' criminal justice will make it fairer, more consistent, understandable and considerate towards victims of crime, currently largely excluded from participation. Principles of reparative and restorative justice have become increasingly influential in the quest to provide justice which tackles harm, compensates victims, repairs relationships, resolves debilitating conflicts and calls offenders to account. And in any case, what real justification is there for subjecting more and more people to the expensive but hollow experience of prison, especially at a time of economic stringency. Civil justice - in its various forms - can be swifter, cheaper and more effective, in court or through mediated processes focusing on the harmful consequences of offences rather than inflicting punishment that may satisfy a baying media but come home to haunt the community. This brave and generous book (600 pages) illustrates the many different ways in which criminal justice can be 'civilised' and how lessons can be learned from practical experience across the world and shared expertise. It is a volume that every politician should read, every criminal justice professional should possess, and that every student of criminology and penology will find invaluable. David Cornwell, John Blad and Martin Wright are three of the leading international experts on this topic with many publications to their names individually. Contributors: Serge Gutwirth and Paul De Hert (Belgium), Federico Reggio (Italy), Bas van Stokkom (The Netherlands), Lode Walgrave (Belgium), Susan Easton and Christine Piper (UK), Louis Blom-Cooper QC (UK), Tapio Lappi-Seppälä (Finland), Thomas Trenczek (Germany), Jean-Pierre Bonafé-Schmitt (France), Per Andersen (Norway), Claire Spivakovsky (Australia), Ann Skelton (Republic of South Africa), Borbála Fellegi (Hungary), Judge Fred McElrea (New Zealand); and the editors. John Braithwaite is a Distinguished Professor at the Australian National University, author of ground-breaking works on restorative justice and recipient of various awards.
Book Synopsis Deference in International Courts and Tribunals by : Lukasz Gruszczynski
Download or read book Deference in International Courts and Tribunals written by Lukasz Gruszczynski and published by OUP Oxford. This book was released on 2014-10-09 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: International courts and tribunals are often asked to review decisions originally made by domestic decision-makers. This can often be a source of tension, as the international courts and tribunals need to judge how far to defer to the original decisions of the national bodies. As international courts and tribunals have proliferated, different courts have applied differing levels of deference to those originial decisions, which can lead to a fragmentation in international law. International courts in such positions rely on two key doctrines: the standard of review and the margin of appreciation. The standard of review establishes the extent to which national decisions relating to factual, legal, or political issues arising in the case are re-examined in the international court. The margin of appreciation is the extent to which national legislative, executive, and judicial decision-makers are allowed to reflect diversity in their interpretation of human rights obligations. The book begins by providing an overview of the margin of appreciation and standard of review, recognising that while the margin of appreciation explicitly acknowledges the existence of such deference, the standard of review does not: it is rather a procedural mechanism. It looks in-depth at how the public policy exception has been assessed by the European Court of Justice and the WTO dispute settlement bodies. It examines how the European Court of Human Rights has taken an evidence-based approach towards the margin of appreciation, as well as how it has addressed issues of hate speech. The Inter-American system is also investigated, and it is established how far deference is possible within that legal organisation. Finally, the book studies how a range of other international courts, such as the International Criminal Court, and the Law of the Sea Tribunal, have approached these two core doctrines.
Book Synopsis Principles of European Prison Law and Policy by : Dirk van Zyl Smit
Download or read book Principles of European Prison Law and Policy written by Dirk van Zyl Smit and published by OUP Oxford. This book was released on 2009-01-08 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years European prison law and policy have emerged as a force to be reckoned with. This book explores its development and analyses the penological and human rights foundations on which it is based. It examines the findings of the European Committee for the Prevention of Torture, the recommendations of the Council of Europe, and the judgments of the European Court of Human Rights. From these sources it makes the general principles that underlie European prison law and policy explicit, emphasising the principle of using imprisonment as a last resort and the recognition of prisoners' rights. The book then moves on to apply these principles to conditions of imprisonment, regimes in prison, contacts between prisoners and the outside world, and the maintenance of good order in prisons. The final chapter of the book considers how European prison law and policy could best be advanced in future. The authors argue that the European Court of Human Rights should adopt a more proactive approach to ensuring that imprisonment is used only as a last resort, and that a more radical interpretation of the existing provisions of the European Convention on Human Rights will allow it to do so. It concludes that the growing cooperation on prison matters within Europe bodes well for the increased recognition of prisoners' rights across Europe. In spite of some countervailing voices, Europe should increasingly be able to give an international lead in a human rights approach to prison law and policy in the same way it has done with the abolition of the death penalty.
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.
Book Synopsis Impending Challenges to Penal Moderation in France and Germany by : Kirstin Drenkhahn
Download or read book Impending Challenges to Penal Moderation in France and Germany written by Kirstin Drenkhahn and published by Taylor & Francis. This book was released on 2023-07-27 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the penal culture in France and Germany – how it is shaped in politics, media, and public opinion. Although compared with the US or the UK, France and Germany seem to place a strong emphasis on the ideal of rehabilitation that would block excessive punishment and other outcomes of punitive developments in society, there is a steady increase in punitiveness over time for which the term “strained restraint” is proposed. The book shows that the idea of penal moderation is deeply rooted in public opinion, politics, and the media and that it is renegotiated every day in a dynamic interplay between these spheres. Punishment and society research has traditionally focused on the US and the UK. In comparative research, both are considered extreme in punitive developments with high rates of imprisonment and large groups of the population under penal control. The other extreme in comparative research would be Scandinavia with the famous Nordic Exceptionalism marked by low prison population rates. Germany and France are often considered to be “the same” when compared with each other, and “the other” with reference to both of these extremes. However, this book shows that France and Germany are far from being the same when it comes to state organization (centralistic vs. federal), criminal justice and the criminal law, political traditions, and the media. Also, research from both countries has looked at whether developments such as the “punitive turn” have occurred in Germany and France. Research focused on the domestic situation concludes that punitiveness is on the rise, and that both countries are indeed experiencing their own punitive turn. How do we reconcile these contradictory findings? Why do these two seem to follow the path of penal moderation in the overall outcome of punishment in society when we look at comparative research? And how is it that from a domestic perspective, punitive attitudes and desires are leading to more punitiveness? By focusing on the meso level, with a comparative perspective on the two countries and a dynamic analytical approach, this book reconciles the fluidity of individual attitudes and opinions with the relative stability of societal discourse. The authors posit that penal moderation comes at a price: overall and in an internationally comparative perspective, there is penal moderation, but a closer look at the domestic situation and development reveals that it is nonetheless challenged by a slowly rising tide of punitiveness. Going beyond the main tenets of punishment and society research with a dynamic analysis of two large societies in Europe, this book is ideal reading for scholars and students of penology, criminal justice, and European studies.
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 Les droits de l’homme, bouclier ou épée du droit pénal ? by : Collectif
Download or read book Les droits de l’homme, bouclier ou épée du droit pénal ? written by Collectif and published by Presses universitaires Saint-Louis Bruxelles. This book was released on 2019-05-28 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Historiquement, les droits de l'homme ont principalement servi de « bouclier » contre les excès potentiels du droit pénal, en limitant son intervention à un triple point de vue : normatif, en excluant ou en restreignant toute forme d'incrimination portant atteinte aux droits de l'homme ; sanctionnateur, en interdisant toute forme de peine inhumaine et dégradante incompatible avec le respect fondamental de la dignité humaine ; procédural, enfin, en exigeant un ensemble de garanties liées au droit de l'inculpé à un procès équitable. Ces limitations se fondaient clairement sur la reconnaissance du caractère particulièrement contraignant du droit pénal et sur le principe corrélatif de sa subsidiarité par rapport à d'autres formes d'intervention juridique. Œuvrant ainsi à une profonde « humanisation » du droit pénal, on peut se demander si cette fonction, tout en restant présente, ne se trouve pas concurrencée aujourd'hui par une fonction partiellement inverse qui transforme cette fois les droits de l'homme en « épée » du droit pénal, contribuant à la fois au déploiement et à la légitimation du droit pénal, de même qu'à une véritable « pénalisation » des droits de l'homme.
Book Synopsis Criminology and Democratic Politics by : Tom Daems
Download or read book Criminology and Democratic Politics written by Tom Daems and published by Routledge. This book was released on 2020-12-31 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminology and Democratic Politics brings together a range of international leading experts to consider the relationship between criminology and democratic politics. How does criminology relate to democratic politics? What has been the impact of criminology on crime and justice? How can we make sense of the uses, non-uses, and abuses of criminology? Such questions are far from new, but in recent times they have moved to the centre of debate in criminology in different parts of the world. The chapters in Criminology and Democratic Politics aim to contribute to this global debate. Chapters cover a range of themes such as punishment, knowledge, and penal politics; crime, fear, and the media; democratic politics and the uses of criminological knowledge; and the public role of criminology. An accessible and compelling read, this book will appeal to students and scholars of criminology, sociology, and politics and all those interested in how criminology relates to democratic politics in modern times.
Download or read book Necessary Evils written by Mark Freeman and published by Cambridge University Press. This book was released on 2009-11-30 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about amnesties for grave international crimes that states adopt in moments of transition or social unrest. The subject is naturally controversial, especially in the age of the International Criminal Court. The goal of this book is to reframe and revitalise the global debate on the subject and to offer an original framework for resolving amnesty dilemmas when they arise. Most literature and jurisprudence on amnesties deal with only a small subset of state practice and sidestep the ambiguity of amnesty's position under international law. This book addresses the ambiguity head on and argues that amnesties of the broadest scope are sometimes defensible when adopted as a last recourse in contexts of mass violence. Drawing on an extensive amnesty database, the book offers detailed guidance on how to ensure that amnesties extend the minimum leniency possible, while imposing the maximum accountability on the beneficiaries.
Book Synopsis The Court of Justice and European Criminal Law by : Valsamis Mitsilegas
Download or read book The Court of Justice and European Criminal Law written by Valsamis Mitsilegas and published by Bloomsbury Publishing. This book was released on 2019-09-05 with total page 779 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of this book is to provide an insight into the landmark rulings of the Court of Justice of the European Union (CJEU) in European Criminal Law (ECL). As in other areas of EU law, the decisions of the CJEU have been a driving force for development and integration. By analysing the impact of these leading cases on EU and national law, the book provides a diachronic and multifaceted picture of the Court's approach to criminal law.
Book Synopsis Portraying the Other in International Relations by : Sybille Reinke de Buitrago
Download or read book Portraying the Other in International Relations written by Sybille Reinke de Buitrago and published by Cambridge Scholars Publishing. This book was released on 2012-04-25 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: Portraying the other in international relations significantly shapes interaction among actors in the international field, consequently colouring views of the other and legitimating behaviour toward the other. This edited volume presents current analyses by international scholars on othering processes and self-other constructions within international relations, attempting to fill a gap in the debate on this fascinating topic and its socio-political implications. Othering is illustrated in three thematic sections: I) Othering in interstate and interregional relations, II) Othering in the policy field of terrorism and counterterrorism, and III) Possible transformations of othering. Contributions discuss othering from diverse angles and with different conceptual approaches, illustrating the multiple forms othering can take. They show how othering can be studied and its dynamics and consequences critically analysed and more comprehensively understood, but also the limits to these attempts. Various motivations for engaging in othering are elaborated. The images, ways of representations and stylistic means that are applied are exposed, and their internal logic as well as effects on thinking and behaviour in the international arena examined. Furthermore, possibilities for modifying othering processes, that is, how negative self-other constructions may be transformed, with the goal of enabling the peaceful existence of different groups, are presented.
Download or read book European Penology? written by Tom Daems and published by Bloomsbury Publishing. This book was released on 2013-05-17 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is there something distinctive about penology in Europe? Do Europeans think about punishment and penal policy in a different way to people in other parts of the globe? If so, why is this the case and how does it work in practice? This book addresses some major and pressing issues that have been emerging in recent years in the interdisciplinary field of 'European penology', that is, a space where legal scholarship, criminology, sociology and political science meet - or should meet - in order to make sense of punishment in Europe. The chapters in European Penology? have been written by leading scholars in the field and focus in particular on the interaction of European academic penology and national practice with European policies as developed by the Council of Europe and, increasingly, by the European Union.
Book Synopsis Resisting Punitiveness in Europe? by : Sonja Snacken
Download or read book Resisting Punitiveness in Europe? written by Sonja Snacken and published by Routledge. This book was released on 2013-03-01 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides an important and exciting contribution to the knowledge on punishment across Europe. Over the past decade, punitiveness has been studied through analyses of ‘increased’ or ‘new’ forms of punishment in western countries. Comparative studies on the other hand have illustrated important differences in levels of punitiveness between these countries and have tried to explain these differences by looking at risk and protective factors. Covering both quantitative and qualitative dimensions, this book focuses on mechanisms interacting with levels of punitiveness that seem to allow room for less punitive (political) choices, especially within a European context: social policies, human rights and a balanced approach to victim rights and public opinion in constitutional democracies. The book is split into three sections: Punishment and Welfare. Chapters look into possible lessons to be learned from characteristics and developments in Scandinavian and some Continental European countries. Punishment and Human Rights. Contributions analyze how human rights in Europe can and do act as a shield against – but sometimes also as a possible motor for – criminalization and penalization. Punishment and Democracy. The increased political attention to victims’ rights and interests and to public opinion surveys in European democracies is discussed as a possible risk for enhanced levels of punitiveness in penal policies and evaluated against the background of research evidence about the wishes and expectations of victims of crime and the ambivalence and ‘polycentric consistency’ of public opinion formations about crime and punishments. This book will be a valuable addition to the literature in this field and will be of interest to students, scholars and policy officials across Europe and elsewhere.
