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Author: Farhad Malekian
Publisher: Springer
ISBN: 3319469002
Category : Law
Languages : en
Pages : 349
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Book Description
This volume is a new chapter in the future history of law. Its general perspective could not be more original and its critical ethical edge on the state of international law could not be timelier. It explores a compassionate philosophical approach to the genuine substance of law, criminal procedure, international criminal law and international criminal justice. It divides law into three interrelated disciplines, i.e. legality, morality and love. The norm love is derived from human reason for man’s advancement and the securing of natural law. It is more than a mere mandatory norm. Its goal is to generate a normative and positive, powerful result, therefore avoiding any impurity that may exist in the application of other norms because of political or juridical pressures - a one-eyed justice. The norm love also renders justice with the principles of legal accountability, transparency and the high moral, authentic values of humanity. The notion of justice cannot be trusted in the absence of the norm love. The volume indicates the conditions of its efficiency by proving the reasons for its existence in the context of fairness, objectivity and concern for all individuals and entities. The concept of the norm love should be the core academic corpus for lecturing law in all faculties of law. It is simply the enlightenment of the 21st century. A lawyer with requisite knowledge and skill is not a lawyer if he cannot understand that the law does not need a lawyer with ethical competence in its provisions for income purposes but one with knowledge of its essence for the advanced morality of justice and the sheer essence of love for justice.
Author: Farhad Malekian
Publisher: Springer
ISBN: 3319469002
Category : Law
Languages : en
Pages : 349
Get Book Here
Book Description
This volume is a new chapter in the future history of law. Its general perspective could not be more original and its critical ethical edge on the state of international law could not be timelier. It explores a compassionate philosophical approach to the genuine substance of law, criminal procedure, international criminal law and international criminal justice. It divides law into three interrelated disciplines, i.e. legality, morality and love. The norm love is derived from human reason for man’s advancement and the securing of natural law. It is more than a mere mandatory norm. Its goal is to generate a normative and positive, powerful result, therefore avoiding any impurity that may exist in the application of other norms because of political or juridical pressures - a one-eyed justice. The norm love also renders justice with the principles of legal accountability, transparency and the high moral, authentic values of humanity. The notion of justice cannot be trusted in the absence of the norm love. The volume indicates the conditions of its efficiency by proving the reasons for its existence in the context of fairness, objectivity and concern for all individuals and entities. The concept of the norm love should be the core academic corpus for lecturing law in all faculties of law. It is simply the enlightenment of the 21st century. A lawyer with requisite knowledge and skill is not a lawyer if he cannot understand that the law does not need a lawyer with ethical competence in its provisions for income purposes but one with knowledge of its essence for the advanced morality of justice and the sheer essence of love for justice.
Author: Farhad Malekian
Publisher: Cambridge Scholars Publishing
ISBN: 1527516938
Category : Law
Languages : en
Pages : 769
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Book Description
This pioneering scholarly oeuvre evaluates the major comparative philosophy of Islamic international criminal justice. It represents an in-depth analysis of the necessities of creating an Islamic international criminal court, its possible jurisdiction, proceedings, judgments, and sanctions. It implies a court functioning under the legal personality of the International Criminal Court, with comparative international criminal lawyers with basic knowledge of Shariah contributing to the prevention of crimes and impunity at an international level. The morality and philosophy of Islamic justice are highly relevant with reference to the atrocities committed explicitly or implicitly under the pretext of Islamic rules by superiors, groups and governments. The volume focuses on substantive criminal law and three methods of the criminal procedure, namely the inquisitorial, adversarial, and adquisitorial. The first two constitute the corpus juris of civil and common law systems. The third term presents a hybrid of the first two methods. The intention is to enhance the scope of each method of the criminal procedure comprehensively. The volume examines their variations and effects on a shared system of international criminal justice. The inherence of comparable norms in the foundation of Islamic and international criminal law affirms their efficiency in the implementation of the essence of the complementarity principle. This book will appeal to readers who are interested in comparative criminal law, international criminal justice, and Shariah criminal law. It is recommended for course literature.
Author: Farhad Malekian
Publisher: Cambridge Scholars Publishing
ISBN: 152751790X
Category : Law
Languages : en
Pages : 227
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Book Description
This book explores, from various perspectives, Kant’s codex of the categorical imperative and the supreme principle of morality in juxtaposition with the monopolisation of the rules of international criminal law. Kant’s reference to the term ‘propensity to evil in human nature’ is a much more serious iniquity universally in the nature of the Security Council than the concepts of a mens rea and actus reus in criminal law. His decisive warning foreshadows that the inclinations towards self-interest, self-love, and intent in collective mens rea within the resolutions of the Security Council prevent states from striving towards the supreme maxim of a genuine international moral worth. The idea of international criminal law is, thus, viewed as a ‘mirage’. Essentially, certain rules of the United Nations Charter, the system of international criminal justice, human rights law, and humanitarian law, like a fata morgana, are crucial if unattainable. The permanent members of the Security Council are deceiving the world by propagating a variety of excuses with the core objective of economic gain. This book will be of interest to anyone enthusiastic about positive law, the nature of criminal justice, classical moral philosophy, politics, and economics.
Author: Millie, Andrew
Publisher: Bristol University Press
ISBN: 1529207398
Category : Social Science
Languages : en
Pages : 360
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Book Description
At a time when criminal justice systems appear to be in a permanent state of crisis, leading scholars from criminology and theology come together to challenge criminal justice orthodoxy by questioning the dominance of retributive punishment. This timely and unique contribution considers alternatives that draw on Christian ideas of hope, mercy and restoration. Promoting cross-disciplinary learning, the book will be of interest to academics and students of criminology, socio-legal studies, legal philosophy, public theology and religious studies, as well as practitioners and policy makers.
Author: Richard Weisman
Publisher: Routledge
ISBN: 1317055098
Category : Social Science
Languages : en
Pages : 158
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Book Description
Whether or not wrongdoers show remorse and how they show remorse are matters that attract great interest both in law and in popular culture. In capital trials in the United States, it can be a question of life or death whether a jury believes that a wrongdoer showed remorse. And in wrongdoings that capture the popular imagination, public attention focuses not only on the act but on whether the perpetrator feels remorse for what they did. But who decides when remorse should be shown or not shown and whether it is genuine or not genuine? In contrast to previous academic studies on the subject, the primary focus of this work is not on whether the wrongdoer meets these expectations over how and when remorse should be shown but on how the community reacts when these expectations are met or not met. Using examples drawn from Canada, the United States, and South Africa, the author demonstrates that the showing of remorse is a site of negotiation and contention between groups who differ about when it is to be expressed and how it is to be expressed. The book illustrates these points by looking at cases about which there was conflict over whether the wrongdoer should show remorse or whether the feelings that were shown were sincere. Building on the earlier analysis, the author shows that the process of deciding when and how remorse should be expressed contributes to the moral ordering of society as a whole. This book will be of interest to those in the fields of sociology, law, law and society, and criminology.
Author: Kai Cheng Thom
Publisher: arsenal pulp press
ISBN: 1551527766
Category : Social Science
Languages : en
Pages : 126
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Book Description
What can we hope for at the end of the world? What can we trust in when community has broken our hearts? What would it mean to pursue justice without violence? How can we love in the absence of faith? In a heartbreaking yet hopeful collection of personal essays and prose poems, blending the confessional, political, and literary, Kai Cheng Thom dives deep into the questions that haunt social movements today. With the author’s characteristic eloquence and honesty, I Hope We Choose Love proposes heartfelt solutions on the topics of violence, complicity, family, vengeance, and forgiveness. Taking its cues from contemporary thought leaders in the transformative justice movement such as adrienne maree brown and Leah Lakshmi Piepzna-Samarasinha, this provocative book is a call for nuance in a time of political polarization, for healing in a time of justice, and for love in an apocalypse. This publication meets the EPUB Accessibility requirements and it also meets the Web Content Accessibility Guidelines (WCAG-AA). It is screen-reader friendly and is accessible to persons with disabilities. A Simple book with few images, which is defined with accessible structural markup. This book contains various accessibility features such as alternative text for images, table of contents, page-list, landmark, reading order and semantic structure.
Author: Andreas (Capellanus.)
Publisher: Bristol Classical Press
ISBN:
Category : Family & Relationships
Languages : la
Pages : 358
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Book Description
The De Amore of Andreas Capellanus (André the Chaplain), composed in France in the 1180s, is celebrated as the first comprehensive discussion of theory of courtly love. The book is believed to have been intended to portray conditions at Queen Eleanor of Aquitaine's court at Poitiers between 1170 and 1174, and written the request of her daughter, Countess Marie of Troyes. As such, it is important for its connections to themes of contemporary Latin lyric, in troubadour poetry and in the French romances of Chrétien de Troyes. Thereafter its influence spread throughout Western Europe, so that the treatise is of fundamental importance for students of medieval and renaissance English, French, Italian and Spanish. In this comprehensive edition, P.G. Walsh includes Trojel's Latin text with his own facing English translation with explanatory notes, commentary and indexes, along with introduction which sets the treatise in its contemporary context and assesses its purpose and importance.
Author: Matthew Clair
Publisher: Princeton University Press
ISBN: 069123387X
Category : Social Science
Languages : en
Pages : 320
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Book Description
How the attorney-client relationship favors the privileged in criminal court—and denies justice to the poor and to working-class people of color The number of Americans arrested, brought to court, and incarcerated has skyrocketed in recent decades. Criminal defendants come from all races and economic walks of life, but they experience punishment in vastly different ways. Privilege and Punishment examines how racial and class inequalities are embedded in the attorney-client relationship, providing a devastating portrait of inequality and injustice within and beyond the criminal courts. Matthew Clair conducted extensive fieldwork in the Boston court system, attending criminal hearings and interviewing defendants, lawyers, judges, police officers, and probation officers. In this eye-opening book, he uncovers how privilege and inequality play out in criminal court interactions. When disadvantaged defendants try to learn their legal rights and advocate for themselves, lawyers and judges often silence, coerce, and punish them. Privileged defendants, who are more likely to trust their defense attorneys, delegate authority to their lawyers, defer to judges, and are rewarded for their compliance. Clair shows how attempts to exercise legal rights often backfire on the poor and on working-class people of color, and how effective legal representation alone is no guarantee of justice. Superbly written and powerfully argued, Privilege and Punishment draws needed attention to the injustices that are perpetuated by the attorney-client relationship in today’s criminal courts, and describes the reforms needed to correct them.
Author: Alexander Nikolaevich Shytov
Publisher: Springer Science & Business Media
ISBN: 9401597456
Category : Philosophy
Languages : en
Pages : 377
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Book Description
THE CONSCIENCE OF JUDGES AND APPLICA nON OF LEGAL RULES The book is devoted to the problem of the influence of moral judgements on the result of judicial decision-making in the process of application of the established (positive) law. It is the conscience of judges that takes the central place in the research. Conscience is understood in the meaning developed in the theory of Thomas Aquinas as the complex capacity of the human being to make moral judgements which represent acts of reason on the question of what is right or wrong in a particular situation. The reason why we need a theory of conscience in making judicial decisions lies in the nature of the positive law itself. On the one hand, there is an intrinsic conflict between the law as the body of rigid rules and the law as an living experience of those who are involved in social relationships. This conflict particularly finds its expression in the collision of strict justice and equity. The idea of equity does not reject the importance of rules in legal life. What is rejected is an idolatrous attitude to the rules when the uniqueness of a human being, his well being and happiness are disregarded and sacrificed in order to fulfil the observance of the rules. The rules themselves are neither good or bad. What makes them good or bad is their application.
Author: Charles F. Kring
Publisher:
ISBN:
Category : Murder
Languages : en
Pages : 244
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Book Description
