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The Handbook of Comparative Criminal Law
  • Language: en
  • Pages: 669

The Handbook of Comparative Criminal Law

  • Categories: Law

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.

Soziologische Jurisprudenz
  • Language: en
  • Pages: 950

Soziologische Jurisprudenz

Die Festschrift Soziologische Jurisprudenz stellt sich sowohl im Inhalt als auch in der Form in die Tradition der Arbeiten von Gunther Teubner. Die Beiträge lassen sich auf seine Leitperspektive ein, indem sie die Grenzbeziehungen von Recht und Gesellschaft mit je eigenständigen Akzentuierungen reflektieren.

Participation in Crime
  • Language: en
  • Pages: 997

Participation in Crime

  • Categories: Law

Following on from the earlier edited collection, Loss of Control and Diminished Responsibility, this book is the first volume in the Substantive Issues in Criminal Law series. It serves as a leading point of reference in the area relating to participation in crime and identifies the need for a consistent approach to the doctrinal and theoretical underpinnings of complicity liability. This book is a valuable reference resource for those in the criminal justice community in the UK and abroad and for academics, the judiciary and policy-makers.

Thirteen Ways to Steal a Bicycle
  • Language: en
  • Pages: 397

Thirteen Ways to Steal a Bicycle

  • Categories: Law

Theft causes greater economic injury than any other criminal offense. Yet fundamental questions about what should count as stealing remain unresolved. Green assesses our legal framework at a time when our economy commodifies intangibles (intellectual property, information, ideas, identities, and virtual property) and theft grows more sophisticated.

Forging a Convention for Crimes against Humanity
  • Language: en
  • Pages: 595

Forging a Convention for Crimes against Humanity

  • Categories: Law

Crimes against humanity were one of the three categories of crimes elaborated in the Nuremberg Charter. However, unlike genocide and war crimes, they were never set out in a comprehensive international convention. This book represents an effort to complete the Nuremberg legacy by filling this gap. It contains a complete text of a proposed convention on crimes against humanity in English and in French, a comprehensive history of the proposed convention, and fifteen original papers written by leading experts on international criminal law. The papers contain reflections on various aspects of crimes against humanity, including gender crimes, universal jurisdiction, the history of codification efforts, the responsibility to protect, ethnic cleansing, peace and justice dilemmas, amnesties and immunities, the jurisprudence of the ad hoc tribunals, the definition of the crime in customary international law, the ICC definition, the architecture of international criminal justice, modes of criminal participation, crimes against humanity and terrorism, and the inter-state enforcement regime.

Exceptions in International Law
  • Language: en
  • Pages: 551

Exceptions in International Law

  • Categories: Law

Many international obligations are subject to exceptions. These can be expressed in several ways: an obligation may be vitiated by the presence of one of its constitutive negative requirements, an obligation may be set aside by the application of another more specific rule, or an actor might have a right to act in a certain way notwithstanding a contrary obligation. Exceptions are also of fundamental practical importance: for example, they affect the allocation of the burden of proof. This volume provides a systematic and analytic study of exceptions to legal obligations in international law and defences for breaches of these obligations. It features contributions written by legal philosophers, who introduce various theoretical approaches to the role of exceptions, and scholars of international law, who elaborate on generic issues applicable to exceptions in international law as well as examine specific issues arising from exceptions in their respective areas of expertise. Topics covered include the use of force, international criminal law, human rights, trade, investment, environment, and jurisdictional immunities.

War and Moral Dissonance
  • Language: en
  • Pages: 361

War and Moral Dissonance

This collection of essays examines the moral, psychological and philosophical dilemmas posed by war.

Pessoa Coletiva e Processo Penal - Da Titularidade de Direitos Fundamentais à Pertinência de Um Processo Penal da Pessoa Coletiva
  • Language: pt-BR
  • Pages: 514

Pessoa Coletiva e Processo Penal - Da Titularidade de Direitos Fundamentais à Pertinência de Um Processo Penal da Pessoa Coletiva

  • Categories: Law
  • Type: Book
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  • Published: 2024-03-07
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  • Publisher: Leya

Num contexto em que as organizações assumem um elevado grau de complexidade e em que ocorre um crescimento da criminalidade no seio dos entes coletivos, emergem novas questões no quadro constitucional, ao nível do conceito de direitos fundamentais e da determinação da sua titularidade. Também no âmbito processual penal surgem matérias não equacionadas, até recentemente, pelo legislador português. Tendo presentes estes pressupostos e na sequência da extensão da responsabilidade criminal das pessoas coletivas ao direito penal clássico, esta investigação propõe-se analisar duas questões concatenadas: a possibilidade de as pessoas coletivas encontrarem proteção nas normas de direitos constitucionais, na qualidade de arguidas; e a ponderação da pertinência de um processo penal da pessoa coletiva.

Privatising Border Control
  • Language: en
  • Pages: 289

Privatising Border Control

  • Categories: Law

In recent years, many breaches of immigration law have been criminalised. Foreign nationals are now routinely identified in court and in prison as subjects for deportation. Police at the border and within the territory refer foreign suspects to immigration authorities for expulsion. Within the immigration system, new institutions and practices rely on criminal justice logic and methods. In these examples, it is not the state that controls the national border: instead, it is often privately contracted companies. This collection of essays explores the growing use of the private sector and private actors in border control and its implications for our understanding of state sovereignty and citiz...