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The Limits of Criminal Law

The Limits of Criminal Law Author Carl Constantin Lauterwein
ISBN-10 9781317025351
Release 2016-03-03
Pages 158
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This book compares the civil and common law approach to analyze the question – 'What sorts of conduct may the state legitimately make criminal?'. Through a comparative focus on an Australian and German context, this book utilizes interviews with Australian criminal law experts and contrasts them with the German model based on 'Rechtsgutstheorie'. By comparing the largely descriptive, criminology-based Australian approach with the more sophisticated German legal theory model the author finds the Australian approach to be suffering from a 'normative flaw', illustrated by the distinction of different approaches to the offences of incest, bestiality and possession of illicit drugs. Carl Constantin Lauterwein discovers that while there is strength in the common law approach of describing the possible reasons for criminalizing certain conduct, the approach could be significantly improved by scrutinizing the legitimacy of those reasons.



Criminal Law Reform and Transitional Justice

Criminal Law Reform and Transitional Justice Author Lutz Oette
ISBN-10 9781317157908
Release 2016-05-13
Pages 328
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Sudan has been undergoing profound changes characterized by an uncertain transition from conflict to post-conflict society and the separation of the country in the midst of ongoing human rights concerns. This book examines the nature, policy aspects and interrelationship of Sudanese criminal law and law reform in this context, situating developments in the broader debate of international human rights, rule of law and transitional justice. For the first time, Sudanese, national, regional and international experts and practitioners are brought together to share experiences, combining a range of legal and policy perspectives. The book provides valuable lessons on how relevant standards and experiences can be used to inform criminal law reform in Sudan. It also considers what broader lessons can be drawn for reform initiatives in other societies facing similar challenges. This includes the type of violations that need to be addressed in reforms as a prerequisite for enhanced human rights protection, challenges experienced in this regard, and the contribution of civil society in this process.



Exploring the Boundaries of International Criminal Justice

Exploring the Boundaries of International Criminal Justice Author Mark Findlay
ISBN-10 9781317137177
Release 2016-04-15
Pages 296
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This collection discusses appropriate methodologies for comparative research and applies this to the issue of trial transformation in the context of achieving justice in post-conflict societies. In developing arguments in relation to these problems, the authors use international sentencing and the question of victims' interests and expectations as a focus. The conclusions reached are wide-ranging and haighly significant in challenging existing conceptions for appreciating and giving effect to the justice demands of victims of war and social conflict. The themes developed demonstrate clearly how comparative contextual analysis facilitates our understanding of the legal and social contexts of international punishment and how this understanding can provide the basis for expanding the role of restorative international criminal justice within the context of international criminal trials.



Rethinking Criminal Law Theory

Rethinking Criminal Law Theory Author Francois Tanguay-Renaud
ISBN-10 9781847319043
Release 2012-01-10
Pages 334
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In the last two decades, the philosophy of criminal law has undergone a vibrant revival in Canada. The adoption of the Charter of Rights and Freedoms has given the Supreme Court of Canada unprecedented latitude to engage with principles of legal, moral, and political philosophy when elaborating its criminal law jurisprudence. Canadian scholars have followed suit by paying increased attention to the philosophical foundations of domestic criminal law. Because of Canada's leadership in international criminal law, both at the level of the International Criminal Court and of specific war crimes tribunals, they have also begun to turn their attention to international criminal law per se. This collection seeks to bring all these Canadian voices together for the first time, and evidence the fact that criminal law theory is no longer to be associated exclusively with the older British, German and American traditions. The topics covered include questions of philosophical methodology, the legitimate scope of domestic and international criminalization, rationales for criminal law defences in both domestic and international law, the philosophical underpinnings of specific crimes and forms of joint responsibility, as well as the theorization of criminal procedure and evidence law. ENDORSEMENTS "In continental Europe, academic commentary on the criminal law has long manifested large philosophical ambitions. Less so in common-law countries, where the dominance of jury trial and the piecemeal development of case-law, together with the famously robust attitudes of common lawyers, have militated against detailed philosophical engagement with doctrine. Over the last 20 years or so, however, new generations of philosophically-literate lawyers and legally-informed philosophers have overcome the historic resistance. Nowhere more so, it seems, than in Canada, where the common law and civilian traditions meet. In 'Rethinking Criminal Law Theory', François Tanguay-Renaud and James Stribopoulos have joined with 14 talented Canadian colleagues to showcase the tremendous breadth and depth of their contemporary national contribution to the subject. Ranging across topics as diverse as emergency, obscenity, and insanity, these essays - without exception insightful and penetrating -set a high standard for the rest of us to aspire to.'' John Gardner, University of Oxford "'Rethinking Criminal Law Theory' is an excellent collection of essays demonstrating the vigour, creativity and range of Canadian criminal justice scholarship. It covers a wide range of problems and issues both in the domestic and the international context. Core questions are examined in depth and new questions are brought to the fore. I recommend it very highly to criminal lawyers and philosophers of the criminal law." Professor Victor Tadros, University of Warwick "'Rethinking Criminal Law Theory 'is packed with outstanding contributions from criminal law theorists who are among the best not only in Canada, but in the whole English-speaking world. Broad and deep in its coverage, the collection offers fresh approaches to a wide range of cutting-edge issues in the field. It provides a resource readers will come back to repeatedly." Stuart Green, Professor of Law and Justice Nathan L Jacobs Scholar, Rutgers University



The Handbook of Comparative Criminal Law

The Handbook of Comparative Criminal Law Author Kevin Jon Heller
ISBN-10 0804777292
Release 2010-12-01
Pages 672
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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.



Law books 1876 1981

Law books  1876 1981 Author R.R. Bowker Company
ISBN-10 STANFORD:36105063601350
Release 1981
Pages 5039
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Law books 1876 1981 has been writing in one form or another for most of life. You can find so many inspiration from Law books 1876 1981 also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Law books 1876 1981 book for free.



The Oxford Handbook of the Theory of International Law

The Oxford Handbook of the Theory of International Law Author Anne Orford
ISBN-10 9780191005558
Release 2016-05-26
Pages 1000
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The Oxford Handbook of International Legal Theory provides an accessible and authoritative guide to the major thinkers, concepts, approaches, and debates that have shaped contemporary international legal theory. The Handbook features 48 original essays by leading international scholars from a wide range of traditions, nationalities, and perspectives, reflecting the richness and diversity of this dynamic field. The collection explores key questions and debates in international legal theory, offers new intellectual histories for the discipline, and provides fresh interpretations of significant historical figures, texts, and theoretical approaches. It provides a much-needed map of the field of international legal theory, and a guide to the main themes and debates that have driven theoretical work in international law. The Handbook will be an indispensable reference work for students, scholars, and practitioners seeking to gain an overview of current theoretical debates about the nature, function, foundations, and future role of international law.



Comparative legal systems

Comparative legal systems Author Vincenzo Zeno-Zencovich
ISBN-10 9788894885255
Release
Pages 120
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Comparative legal systems has been writing in one form or another for most of life. You can find so many inspiration from Comparative legal systems also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Comparative legal systems book for free.



Criminal Law Tradition and Legal Order

Criminal Law  Tradition and Legal Order Author Lindsay Farmer
ISBN-10 0521023831
Release 2005-11-17
Pages 220
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This book examines the relationship between legal tradition and national identity to offer a critical and historical perspective on the study of criminal law. It develops a radically different approach to questions of responsibility and subjectivity, and was among the first studies to combine appreciation of the institutional and historical context in which criminal law is practised with a critical understanding of the law itself. Applying contemporary social theory to the particular case of nineteenth-century Scottish law, Lindsay Farmer is able to develop a critique of modern criminal law theory in general. He traces the development of the modern characteristics of criminal law and legal order, tracing the relationship between legal practice and national culture, and showing how contemporary criminal law theory fundamentally misrepresents the character of modern criminal justice.



International and Comparative Criminal Justice

International and Comparative Criminal Justice Author Mark J. Findlay
ISBN-10 9781136184154
Release 2013-06-19
Pages 352
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International criminal justice is in transition. This book explores the growing internationalisation of criminal justice as a phenomenon of global governance. It provides students with a critical understanding of the international institutions for regulating transnational crime, the development of alternative justice processes across the globe, and international and supra-national co-operation criminal justice policies and practices. Key topics covered include: The historical development of International Criminal Justice institutions and traditions International Restorative Justice Victim communities and collaborative justice The relationship between crime and war International Human Rights The ‘War on Terror’ The globalisation of crime and control Developments in global governance, communitarian justice and accountability This text will familiarize students with the literature and debates surrounding international criminal justice and enable them to critically appreciate their theoretical and policy context. In doing so, it encourages students to assess the strengths and weaknesses of different approaches to the study of global justice and the analysis of comparative policy convergence and research. It will also help students to reflect on, and communicate in an informed and critical way theoretical accounts and empirical studies within the field of international criminal justice. This book will be essential reading for upper level undergraduates taking courses in criminal law, international relations and governance and postgraduates engaged in international criminal justice, international law, regulation and governance and human rights.



Fixing Broken Windows

Fixing Broken Windows Author George L. Kelling
ISBN-10 9780684837383
Release 1997
Pages 319
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Cites successful examples of community-based policing



The Globalisation of Crime

The Globalisation of Crime Author Mark Findlay
ISBN-10 0521789834
Release 2000-05-04
Pages 246
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On a contracting world stage, crime is a major player in globalization and is as much a feature of the emergent globalized culture as are other forms of consumerism. The Globalization of Crime charts crime's evolution. It analyses how globalization has enhanced material crime relationships such that they must be understood on the same terms as any other significant market force. Trends in criminalization, crime and social development, crime and social control, the political economy of crime, and crime in transitional cultures are all examined in order to understand the role of crime as an agent of social change and present an integrated theory of crime and social context. This was the first book to challenge existing analyses of crime in the context of global transition, and show that crime is as much a force for globalization as globalization is a force for crime.



Crime and Punishment in Islamic Law

Crime and Punishment in Islamic Law Author Rudolph Peters
ISBN-10 9781139445344
Release 2006-03-16
Pages 219
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Rudolph Peters' book, first published in 2006, is about crimes and their punishments as laid down in Islamic law. In recent years some of the more fundamentalist regimes, such as those of Iran, Pakistan, Sudan and the northern states of Nigeria have reintroduced Islamic law in place of western criminal codes. Peters gives a detailed account of the classical doctrine and traces the enforcement of criminal law from the Ottoman period to the present day. The accounts of actual cases which range from theft, banditry, murder, fornication and apostasy shed light on the complexities of the law, and the sensitivity and perspicacity of the qadis who implemented it. This is the first single-authored account of both the theory and practice of Islamic criminal law. It will be invaluable for students, and scholars in the field, as well as for professionals looking for comprehensive coverage of the topic.



Innovations in Evidence and Proof

Innovations in Evidence and Proof Author Paul Roberts
ISBN-10 9781847317995
Release 2007-11-14
Pages 426
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Innovations in Evidence and Proof brings together fifteen leading scholars and experienced law teachers based in Australia, Canada, Northern Ireland, Scotland, South Africa, the USA and England and Wales to explore and debate the latest developments in Evidence and Proof scholarship. The essays comprising this volume range expansively over questions of disciplinary taxonomy, pedagogical method and computer-assisted learning, doctrinal analysis, fact-finding, techniques of adjudication, the ethics of cross-examination, the implications of behavioural science research for legal procedure, human rights, comparative law and international criminal trials. Communicating the breadth, dynamism and intensity of contemporary theoretical innovation in their diversity of subject-matter and approach, the authors nonetheless remain united by a common purpose: to indicate how the best interdisciplinary theorising and research might be integrated directly into degree-level Evidence teaching. Innovations in Evidence and Proof is published at an exciting time of theoretical renewal and increasing empirical sophistication in legal evidence, proof and procedure scholarship. This groundbreaking collection will be essential reading for Evidence teachers, and will also engage the interest and imagination of scholars, researchers and students investigating issues of evidence and proof in any legal system, municipal, transnational or global.



The Oxford Handbook of Comparative Regionalism

The Oxford Handbook of Comparative Regionalism Author Thomas Risse
ISBN-10 9780199682300
Release 2016
Pages 560
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The Oxford Handbook of Comparative Regionalism is an innovative volume that presents an authoritative examination of comparative regionalism. The post-cold-war resurgence of regionalism has triggered a proliferation of approaches to its study. Broadly speaking, the term refers to the processes and structures of region-building through closer economic, political, security, and socio-cultural linkages between states and societies that are geographicallyproximate. The Oxford Handbook of Comparative Regionalism reviews conceptual and theoretical approaches to regionalism in political science and the social sciences more broadly. Secondly, it provides an overviewof region-building processes in the different parts of the world, and surveys the relevant organizations and actors at the regional level. The volume also provides systematic comparison of regions with regard to central themes, including security cooperation, trade liberalization, integration, investment, and migration. The volume concludes with chapters on the future of regionalism and on the research agenda for the future.



International Law as a Profession

International Law as a Profession Author Jean d'Aspremont
ISBN-10 9781108138680
Release 2017-04-06
Pages
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International law is not merely a set of rules or processes, but is a professional activity practised by a diversity of figures, including scholars, judges, counsel, teachers, legal advisers and activists. Individuals may, in different contexts, play more than one of these roles, and the interactions between them are illuminating of the nature of international law itself. This collection of innovative, multidisciplinary and self-reflective essays reveals a bilateral process whereby, on the one hand, the professionalisation of international law informs discourses about the law, and, on the other hand, discourses about the law inform the professionalisation of the discipline. Intended to promote a dialogue between practice and scholarship, this book is a must-read for all those engaged in the profession of international law.



Structure and Function in Criminal Law

Structure and Function in Criminal Law Author Paul H. Robinson
ISBN-10 9780198258865
Release 1997
Pages 251
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Professor Robinson provides a new critique of the often neglected problem of classification within the criminal law. He presents a discussion of the present conceptual framework of the law, and offers explanations of how and why formal structures do not match the operation of law in practice. In this scholarly exposition of applied criminal theory, Robinson argues that the current operational structure of the criminal law fails to take account of its different functions. He goes on to suggest new sample codes of criminal conduct and criminal adjudication which mark a real departure from the pragmatic approach which presently dominates code-making. This rounded exploration of the structure of systems of criminal law is an important work for law teachers and policy makers world-wide.