Positive Obligations In Criminal Law

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Positive Obligations in Criminal Law

Author : Andrew Ashworth
Publisher : A&C Black
ISBN 13 : 1782253424
Total Pages : 375 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Positive Obligations in Criminal Law by : Andrew Ashworth

Download or read book Positive Obligations in Criminal Law written by Andrew Ashworth and published by A&C Black. This book was released on 2014-07-18 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a set of essays, old and new, examining the positive obligations of individuals and the state in matters of criminal law. The centrepiece is a new, extended essay on the criminalisation of omissions-examining the duties to act imposed on individuals and organisations by the criminal law, and assessing their moral and social foundations. Alongside this is another new essay on the state's positive obligations to put in place criminal laws to protect certain individual rights. Introducing the volume is the author's much-cited essay on criminalisation, 'Is the Criminal Law a Lost Cause?'. The book sets out to shed new light on contemporary arguments about the proper boundaries of the criminal law, not least by exploring the justifications for imposing positive duties (reinforced by the criminal law) on individuals and their relation to the positive obligations of the state.

Human Trafficking and Slavery Reconsidered

Author : Vladislava Stoyanova
Publisher : Cambridge University Press
ISBN 13 : 1107162289
Total Pages : 513 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Human Trafficking and Slavery Reconsidered by : Vladislava Stoyanova

Download or read book Human Trafficking and Slavery Reconsidered written by Vladislava Stoyanova and published by Cambridge University Press. This book was released on 2017-03-16 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: An original analysis of the definition and scope of the right not to be held in slavery, servitude and forced labour.

Standing Up for Justice

Author : Theodor Meron
Publisher : Oxford University Press
ISBN 13 : 0192608622
Total Pages : 280 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Standing Up for Justice by : Theodor Meron

Download or read book Standing Up for Justice written by Theodor Meron and published by Oxford University Press. This book was released on 2021-03-25 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a book about international criminal justice written by one of its foremost practitioners and academic thinkers, Judge Theodor Meron. For two decades, Judge Meron has been at the heart of the international criminal justice system, serving as President of the International Criminal Tribunal for the former Yugoslavia (ICTY), President of the International Residual Mechanism for Criminal Tribunals, and a Judge of the Appeals Chambers of the ICTY and the International Criminal Tribunal for Rwanda. Drawing on this experience, and his life and career before serving as an international judge, Judge Meron reflects on some of the key questions facing the international criminal justice system. In the opening chapter, Judge Meron writes vividly about his childhood experiences in Poland during World War II, his education, career with the Israeli Foreign Ministry, and subsequent move into academia in the United States. The book continues with Meron's reflections on what it means to transform from a law professor into an international criminal judge, and shifts focus to the criminal courtroom, addressing topics such as the judicial function, the rule of law, and the principle of fairness in trying atrocity crimes: genocide, crimes against humanity, and war crimes. Judge Meron discusses judicial independence and impartiality in international criminal courts, shedding light on the mystery of judicial decision-making and deliberations. Notably, he addresses the controversial subjects of acquittals and the early release of prisoners. Although acquittals are often seen as a failure of international justice, Judge Meron argues that legal principle must come before any extraneous purpose, however desirable that purpose may be. Finally, the book looks ahead at the challenges facing the future of international justice and accountability, and discusses the all-important question: does international criminal justice work?

Human Rights in a Positive State

Author : Laurens Lavrysen
Publisher :
ISBN 13 : 9781780684253
Total Pages : 428 pages
Book Rating : 4.6/5 (842 download)

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Book Synopsis Human Rights in a Positive State by : Laurens Lavrysen

Download or read book Human Rights in a Positive State written by Laurens Lavrysen and published by . This book was released on 2016 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adaptation of the author's Ph.D. thesis--Ghent University, 2016.

Core Concepts in Criminal Law and Criminal Justice

Author : Kai Ambos
Publisher : Cambridge University Press
ISBN 13 : 1108483399
Total Pages : 507 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Core Concepts in Criminal Law and Criminal Justice by : Kai Ambos

Download or read book Core Concepts in Criminal Law and Criminal Justice written by Kai Ambos and published by Cambridge University Press. This book was released on 2020-01-16 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.

A Duty to Prevent Genocide

Author : John Heieck
Publisher : Edward Elgar Publishing
ISBN 13 : 1788117719
Total Pages : 261 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis A Duty to Prevent Genocide by : John Heieck

Download or read book A Duty to Prevent Genocide written by John Heieck and published by Edward Elgar Publishing. This book was released on 2018-09-28 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: This perceptive book analyzes the scope of the duty to prevent genocide of China, France, Russia, the UK, and the US in light of the due diligence standard under conventional, customary, and peremptory international law. It expounds the positive obligations of these five states to act both within and without the Security Council context to prevent or suppress an imminent or ongoing genocide.

Coercive Human Rights

Author : Laurens Lavrysen
Publisher : Bloomsbury Publishing
ISBN 13 : 1509937889
Total Pages : 465 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Coercive Human Rights by : Laurens Lavrysen

Download or read book Coercive Human Rights written by Laurens Lavrysen and published by Bloomsbury Publishing. This book was released on 2020-11-12 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditionally, human rights have protected those facing the sharp edge of the criminal justice system. But over time human rights law has become increasingly infused with duties to mobilise criminal law towards protection and redress for violation of rights. These developments give rise to a whole host of questions concerning the precise parameters of coercive human rights, the rationale(s) that underpin them, and their effects and implications for victims, perpetrators, domestic legal systems, and for the theory and practice of human rights and criminal justice. This collection addresses these questions with a focus on the rich jurisprudence of the European Court of Human Rights (ECtHR). The collection explores four interlocking themes surrounding the issue of coercive human rights: First, the key threads in the doctrine of the ECtHR on duties to mobilise the criminal law as a means of delivering human rights protection. Secondly, the factors that contribute to a readiness to demand coercive measures, including discrimination and vulnerability, and other key justificatory reasoning shaping the development of coercive human rights. Thirdly, the most pressing challenges for the ECtHR's coercive duties doctrine, including: - how it relates to theories and rationales of criminalisation and criminal punishment; - its implications for the fundamental tenets of human rights law itself; - its relationship to transitional justice objectives; and - how (far) it coheres with the imperative of effective protection for persons in precarious or vulnerable situations. Fourthly, the (prospective) evolution of the coercive human rights doctrine and its application within national jurisdictions.

The Development of Positive Obligations under the European Convention on Human Rights by the European Court of Human Rights

Author : Alastair Mowbray
Publisher : Bloomsbury Publishing
ISBN 13 : 1847311938
Total Pages : 256 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Development of Positive Obligations under the European Convention on Human Rights by the European Court of Human Rights by : Alastair Mowbray

Download or read book The Development of Positive Obligations under the European Convention on Human Rights by the European Court of Human Rights written by Alastair Mowbray and published by Bloomsbury Publishing. This book was released on 2004-01-30 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the last thirty years the European Court of Human Rights has been developing,at an expanding pace, positive obligations under the European Convention. This monograph seeks to provide a critical analysis of the burgeoning case law concerning positive obligations, a topic which is relatively uncharted in the existing literature. Positive obligations require many different forms of action by member states, ranging from effectively investigating killings through to protecting peaceful demonstrators from violent attacks by their opponents. The contemporary significance of these obligations is graphically illustrated by the fact that it is the obligation upon states to provide fair trials to determine civil and criminal proceedings within a reasonable time that is the source of the overwhelming majority of complaints to the European Court in recent years. The study examines the legal bases and content of key positive obligations. Conclusions are then drawn concerning the reasons for the development of these obligations and areas of potential expansion are identified.

Coercive Human Rights

Author : Laurens Lavrysen
Publisher : Bloomsbury Publishing
ISBN 13 : 1509937897
Total Pages : 323 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Coercive Human Rights by : Laurens Lavrysen

Download or read book Coercive Human Rights written by Laurens Lavrysen and published by Bloomsbury Publishing. This book was released on 2020-11-12 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditionally, human rights have protected those facing the sharp edge of the criminal justice system. But over time human rights law has become increasingly infused with duties to mobilise criminal law towards protection and redress for violation of rights. These developments give rise to a whole host of questions concerning the precise parameters of coercive human rights, the rationale(s) that underpin them, and their effects and implications for victims, perpetrators, domestic legal systems, and for the theory and practice of human rights and criminal justice. This collection addresses these questions with a focus on the rich jurisprudence of the European Court of Human Rights (ECtHR). The collection explores four interlocking themes surrounding the issue of coercive human rights: First, the key threads in the doctrine of the ECtHR on duties to mobilise the criminal law as a means of delivering human rights protection. Secondly, the factors that contribute to a readiness to demand coercive measures, including discrimination and vulnerability, and other key justificatory reasoning shaping the development of coercive human rights. Thirdly, the most pressing challenges for the ECtHR's coercive duties doctrine, including: - how it relates to theories and rationales of criminalisation and criminal punishment; - its implications for the fundamental tenets of human rights law itself; - its relationship to transitional justice objectives; and - how (far) it coheres with the imperative of effective protection for persons in precarious or vulnerable situations. Fourthly, the (prospective) evolution of the coercive human rights doctrine and its application within national jurisdictions.

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

The Development of Positive Obligations Under the European Convention on Human Rights by the European Court of Human Rights

Author : Alastair R. Mowbray
Publisher :
ISBN 13 : 9781472562920
Total Pages : 239 pages
Book Rating : 4.5/5 (629 download)

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Book Synopsis The Development of Positive Obligations Under the European Convention on Human Rights by the European Court of Human Rights by : Alastair R. Mowbray

Download or read book The Development of Positive Obligations Under the European Convention on Human Rights by the European Court of Human Rights written by Alastair R. Mowbray and published by . This book was released on 2004 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the last thirty years the European Court of Human Rights has been developing, at an expanding pace, positive obligations under the European Convention. This monograph seeks to provide a critical analysis of the burgeoning case law concerning positive obligations, a topic which is relatively uncharted in the existing literature. Positive obligations require many different forms of action by member states, ranging from effectively investigating killings through to protecting peaceful demonstrators from violent attacks by their opponents. The contemporary significance of these obligations is graphically illustrated by the fact that it is the obligation upon states to provide fair trials to determine civil and criminal proceedings within a reasonable time that is the source of the overwhelming majority of complaints to the European Court in recent years. The study examines the legal bases and content of key positive obligations. Conclusions are then drawn concerning the reasons for the development of these obligations and areas of potential expansion are identified.

Rights Forfeiture and Punishment

Author : Christopher Heath Wellman
Publisher : Oxford University Press
ISBN 13 : 019027476X
Total Pages : 241 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis Rights Forfeiture and Punishment by : Christopher Heath Wellman

Download or read book Rights Forfeiture and Punishment written by Christopher Heath Wellman and published by Oxford University Press. This book was released on 2017 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Rights Forfeiture and Punishment, Christopher Heath Wellman argues that those who seek to defend the moral permissibility of punishment should shift their focus from general justifying aims to moral side constraints. On Wellman's view, punishment is permissible just in case the wrongdoer has forfeited her right against punishment.

Prosecuting Human Rights Offences

Author : Krešimir Kamber
Publisher : BRILL
ISBN 13 : 9004337768
Total Pages : 598 pages
Book Rating : 4.0/5 (43 download)

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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.

The Good Citizen

Author : David Batstone
Publisher : Routledge
ISBN 13 : 1135302804
Total Pages : 176 pages
Book Rating : 4.1/5 (353 download)

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Book Synopsis The Good Citizen by : David Batstone

Download or read book The Good Citizen written by David Batstone and published by Routledge. This book was released on 2014-02-04 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Good Citizen, some of the most eminent contemporary thinkers take up the question of the future of American democracy in an age of globalization, growing civic apathy, corporate unaccountability, and purported fragmentation of the American common identity by identity politics.

The Law of Good People

Author : Yuval Feldman
Publisher :
ISBN 13 : 1107137101
Total Pages : 257 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Law of Good People by : Yuval Feldman

Download or read book The Law of Good People written by Yuval Feldman and published by . This book was released on 2018-06-07 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that overcoming people's inability to recognize their own wrongdoing is the most important but regrettably neglected area of the behavioral approach to law.

The Limits of Fundamental Rights Protection by the EU

Author : Malu Beijer
Publisher :
ISBN 13 : 9781780684550
Total Pages : 0 pages
Book Rating : 4.6/5 (845 download)

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Book Synopsis The Limits of Fundamental Rights Protection by the EU by : Malu Beijer

Download or read book The Limits of Fundamental Rights Protection by the EU written by Malu Beijer and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using insights gained from the development of positive obligations by the European Court of Human Rights, this volume analyses the possibility of incorporating positive obligations into EU law.

Existing Legal Limits to Security Council Veto Power in the Face of Atrocity Crimes

Author : Jennifer Trahan
Publisher : Cambridge University Press
ISBN 13 : 1108487017
Total Pages : 375 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Existing Legal Limits to Security Council Veto Power in the Face of Atrocity Crimes by : Jennifer Trahan

Download or read book Existing Legal Limits to Security Council Veto Power in the Face of Atrocity Crimes written by Jennifer Trahan and published by Cambridge University Press. This book was released on 2020-08-13 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book outlines legal limits to the veto power of UN Security Council permanent members while atrocity crimes are occurring.