The Limits of Criminal Law

Author: Carl Constantin Lauterwein
Publisher: Routledge
ISBN: 1317025350
Format: PDF, Mobi
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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

Author: Lutz Oette
Publisher: Routledge
ISBN: 1317157907
Format: PDF, Mobi
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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

Author: Mark Findlay
Publisher: Routledge
ISBN: 1317137175
Format: PDF, Mobi
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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.

The Oxford Handbook of the Theory of International Law

Author: Anne Orford
Publisher: Oxford University Press
ISBN: 019100555X
Format: PDF, Mobi
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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.

The Handbook of Comparative Criminal Law

Author: Kevin Jon Heller
Publisher: Stanford University Press
ISBN: 9780804777292
Format: PDF, Mobi
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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.

Basic Concepts of Criminal Law

Author: George P. Fletcher
Publisher: Oxford University Press
ISBN: 0190623489
Format: PDF, Kindle
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In the United States today criminal justice can vary from state to state, as various states alter the Modern Penal Code to suit their own local preferences and concerns. In Eastern Europe, the post-Communist countries are quickly adopting new criminal codes to reflect their specific national concerns as they gain autonomy from what was once a centralized Soviet policy. As commonalities among countries and states disintegrate, how are we to view the basic concepts of criminal law as a whole? Eminent legal scholar George Fletcher acknowledges that criminal law is becoming increasingly localized, with every country and state adopting their own conception of punishable behavior, determining their own definitions of offenses. Yet by taking a step back from the details and linguistic variations of the criminal codes, Fletcher is able to perceive an underlying unity among diverse systems of criminal justice. Challenging common assumptions, he discovers a unity that emerges not on the surface of statutory rules and case law but in the underlying debates that inform them. Basic Concepts of Criminal Law identifies a set of twelve distinctions that shape and guide the controversies that inevitably break out in every system of criminal justice. Devoting a chapter to each of these twelve concepts, Fletcher maps out what he considers to be the deep structure of all systems of criminal law. Understanding these distinctions will not only enable students to appreciate the universal fundamental ideas of criminal law, but will enable them to understand the significance of local details and variations. This accessible illustration of the unity of diverse systems of criminal justice will provoke and inform students and scholars of law and the philosophy of law, as well as lawyers seeking a better understanding of the law they practice.

The Globalisation of Crime

Author: Mark Findlay
Publisher: Cambridge University Press
ISBN: 9780521789837
Format: PDF, Kindle
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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.

The Oxford Handbook of the Georgian Theatre 1737 1832

Author: Julia Swindells
Publisher: Oxford University Press
ISBN: 0199600309
Format: PDF
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This Handbook provides a comprehensive guide to theatre of the Georgian era that will be equally useful to students new to this period of drama and to scholars working within the field. The Handbook gives equal attention to the range of dramatic forms - not just tragedy and comedy, but the likes of melodrama and pantomime - as they developed and overlapped across the period, and to the occasions, communities, and materialities of theatre production. Itincludes sections on historiography, the censorship and regulation of drama, theatre and the Romantic canon, women and the stage, and the performance of race and empire.

Criminal Law Tradition and Legal Order

Author: Lindsay Farmer
Publisher: Cambridge University Press
ISBN: 9780521023832
Format: PDF, ePub, Mobi
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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.