Criminal Law, Tradition and Legal Order

Criminal Law, Tradition and Legal Order PDF Author: Lindsay Farmer
Publisher: Cambridge University Press
ISBN: 0521553202
Category : History
Languages : en
Pages : 223

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Book Description
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.

Criminal Law, Tradition and Legal Order

Criminal Law, Tradition and Legal Order PDF Author: Lindsay Farmer
Publisher: Cambridge University Press
ISBN: 0521553202
Category : History
Languages : en
Pages : 223

Get Book Here

Book Description
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.

Making the Modern Criminal Law

Making the Modern Criminal Law PDF Author: Lindsay Farmer
Publisher: Oxford University Press
ISBN: 0199568642
Category : Law
Languages : en
Pages : 353

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Book Description
The Criminalization series arose from an interdisciplinary investigation into criminalization, focusing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications of offences? The fifth book in the series offers an historical and conceptual account of the criminal law, as it has developed in England and spread to common law jurisdictions around the world. It traces how and why criminal law has come to be accorded with a central role in securing civil order in modernity, and justifies who and what should be treated as criminal under the law. Farmer argues that the emergence of the modern state in which criminal law is recognized as an instrument of government is a result of the distinct body of rules which have emerged from the modern criminal law. Structured in two parts, the first traces the development of the modern criminal law, including jurisdiction, codification, and responsibility. The second part engages in a detailed analysis of the development of specific categories of criminal law, focusing on patterns of criminalization in relation to property offences, offences against the person, sexual offences, and civility.

A Despotism of Law

A Despotism of Law PDF Author: Radhika Singha
Publisher:
ISBN:
Category : Crime
Languages : en
Pages : 380

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Book Description
This volume deals with law-making as a cultural enterprise in which the colonial state had to draw upon existing normative codes of rank, status and gender, and re-order them to a new and more exclusive definition of the state's sovereign right.

International Crime and Justice

International Crime and Justice PDF Author: Mangai Natarajan
Publisher: Cambridge University Press
ISBN: 1139492373
Category : Social Science
Languages : en
Pages : 571

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Book Description
International crime and justice is an emerging field that covers international and transnational crimes that have not been the focus of mainstream criminology or criminal justice. This book examines the field from a global perspective. It provides an introduction to the nature of international and transnational crimes and the theoretical perspectives that assist in understanding the relationship between social change and the waxing and waning of the crime opportunities resulting from globalization, migration, and culture conflicts. Written by a team of world experts, it examines the central role of victim rights in the development of legal frameworks for the prevention and control of transnational and international crimes. It also discusses the challenges to delivering justice and obtaining international cooperation in efforts to deter, detect, and respond to these crimes.

Introduction to Criminal Law

Introduction to Criminal Law PDF Author: Gilad James, PhD
Publisher: Gilad James Mystery School
ISBN: 3335900103
Category : Law
Languages : en
Pages : 125

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Book Description
Introduction to Criminal Law is a course designed to provide students with an in-depth understanding of the fundamental principles of criminal law. The course covers several topics including the definition of crime, criminal acts and intent, defenses to crimes, and the principles of punishment. The course begins by providing students with an overview of the criminal justice system and the roles of the different players in the system. This is followed by an analysis of the elements of a crime which include actus reus and mens rea. Students will also learn the different types of criminal offenses, including property crimes, violent crimes, and white-collar crimes. The course also delves into the various defenses to crimes, including self-defense, entrapment, and duress. Finally, the course concludes by examining the principles of punishment, including the purposes of punishment, sentencing, and the constitutional safeguards of the Eighth Amendment. Overall, the course equips students with the knowledge and skills to understand the intricacies of criminal law and the criminal justice system. The course is important in providing a foundation for those who wish to pursue a career in the field of criminal justice. Professionals who work in the legal system, such as lawyers, judges and law enforcement officers, must have a deep understanding of criminal law to effectively carry out their roles. The course is also useful for individuals who are interested in learning more about the criminal justice system, including students exploring different career paths or individuals with a general interest in law. The course offers a comprehensive understanding of the principles of criminal law and the mechanisms used to enforce these principles, and thus provides a useful tool for individuals seeking to broaden their knowledge and understanding of the criminal justice system.

Transnational Legal Ordering of Criminal Justice

Transnational Legal Ordering of Criminal Justice PDF Author: Gregory Shaffer
Publisher: Cambridge University Press
ISBN: 1108836585
Category : Law
Languages : en
Pages : 411

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Book Description
A new approach for studying the interaction between international and domestic processes of criminal law-making in today's globalized world.

The Constitution of the Criminal Law

The Constitution of the Criminal Law PDF Author: R. A. Duff
Publisher: OUP Oxford
ISBN: 0191655279
Category : Law
Languages : en
Pages : 250

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Book Description
The third book in the Criminalization series examines the constitutionalization of criminal law. It considers how the criminal law is constituted through the political processes of the state; how the agents of the criminal law can be answerable to it themselves; and finally, how the criminal law can be constituted as part of the international order. Addressing the ways in which and the grounds on which types of conduct can be justifiably criminalized, the first four chapters of this volume focus on the questions that arise from a consideration of the political constitution of the criminal law. The contributors then turn their attention to the role of the state, its institutions and officials, and their role not only as creators, enactors, interpreters, and enforcers of the criminal law, but also as subjects of it. How can the agents of the criminal law also be answerable to it? Finally discussion turns to how the criminal law can be constituted as part of an international order. Examining the relationships between domestic laws of different nation-states, and between domestic criminal law and international or transnational law, the chapters also look at the authority and jurisdiction of international criminal law itself, and its relationship to other dimensions of the international order. A vital examination of one of the most important topics in modern criminal legal theory, this volume raises new questions central to the study of the criminal law and offers new suggestions for addressing them.

Modern Histories of Crime and Punishment

Modern Histories of Crime and Punishment PDF Author:
Publisher: Stanford University Press
ISBN: 9780804768412
Category : Law
Languages : en
Pages : 360

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Book Description
This is a collection of essays critically examining the historical development of the modern criminal law.

The Criminal Law System of Medieval and Renaissance Florence

The Criminal Law System of Medieval and Renaissance Florence PDF Author: Laura Ikins Stern
Publisher:
ISBN:
Category : History
Languages : en
Pages : 320

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Book Description
Historians of medieval and Renaissance Italy have long held that the Florentine republic fell victim to rule by oligarchy in the early fifteenth century. Now, in the first complete analysis of the criminal law system of Florence during this crucial period, Laura Ikins Stern argues that the vitality of Florentine legal institutions gives evidence of a centralized state bureaucracy strong enough to thwart the early development of a ruling oligarchy. Exploring the changing roles played by judicial officials as well as the evolution of Florentine government, Stern shows how these developments reflected broad-based change in society at large. From such primary documents as legal statutes and actual trial records, she provides a step-by-step explanation of trial procedure to offer a rare glimpse of inquisition methods in the secular world--from public fame initiation, through the weighing of various levels of proof, to the complex process of sentencing. And sheexplores the links between implementation of inquisition procedure, the development of the territorial state, and the struggle between republican institutions and the emerging oligarchy. The Johns Hopkins University Studies in Historical and Political Science.

Criminal Legalities in the Global South

Criminal Legalities in the Global South PDF Author: Pablo Ciocchini
Publisher: Routledge
ISBN: 0429861680
Category : Law
Languages : en
Pages : 211

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Book Description
This edited volume presents the work of academics from the Global South and explores, from local and regional settings, how the legal order and people’s perceptions of it translates into an understanding of what constitutes "criminal" behaviors or activities. This book aims to address the gap between criminal law in theory and practice in the Global South by assembling 11 chapters from established and emerging scholars from various underrepresented regions of the world. Drawing on research from Singapore, the Philippines, Peru, Indonesia, India, the Dominican Republic, Burma, Brazil, Bangladesh, and Argentina, this book explores a range of issues that straddle the line between social deviance and legal crimes in such societies, including extramarital affairs, gender-based violence, gambling, LGBT issues, and corruption. Issues of inclusivity versus exclusivity, modernity versus tradition, globalization of capital versus cultural revivalism are explored. The contributions critically analyze the role politics and institutions play in shaping these issues. There is an urgent need for empirical studies and new theoretical approaches that can capture the complexity of crime phenomena that occur in the Global South. This book will provide essential material to facilitate the development of new approaches more suitable to understanding the social phenomena related to crime in these societies. This book will make an important contribution in the development of Southern criminology. It will be of interest to students and researchers of criminology and sociology engaged in studies of sentencing and punishment, theories of crime, law and practice, and postcolonialism.