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Author: Carsten Stahn
Publisher: BRILL
ISBN: 9004166556
Category : Political Science
Languages : en
Pages : 793
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Book Description
The International Criminal Court is at a crossroads. In 1998, the Court was still a fiction. A decade later, it has become operational and faces its first challenges as a judicial institution. This volume examines this transition. It analyses the first jurisprudence and policies of the Court. It provides a systematic survey of the emerging law and practice in four main areas: the relationship of the Court to domestic jurisdictions, prosecutorial policy and practice, the treatment of the Courta (TM)s applicable law and the shaping of its procedure. It revisits major themes, such as jurisdiction, complementarity, cooperation, prosecutorial discretion, modes of liability, pre-trial, trial and appeals procedure and the treatment of victims and witnesses, as well as their criticisms. It also explores some of challenges and potential avenues for future reform.
Author: Carsten Stahn
Publisher: BRILL
ISBN: 9004166556
Category : Political Science
Languages : en
Pages : 793
Get Book Here
Book Description
The International Criminal Court is at a crossroads. In 1998, the Court was still a fiction. A decade later, it has become operational and faces its first challenges as a judicial institution. This volume examines this transition. It analyses the first jurisprudence and policies of the Court. It provides a systematic survey of the emerging law and practice in four main areas: the relationship of the Court to domestic jurisdictions, prosecutorial policy and practice, the treatment of the Courta (TM)s applicable law and the shaping of its procedure. It revisits major themes, such as jurisdiction, complementarity, cooperation, prosecutorial discretion, modes of liability, pre-trial, trial and appeals procedure and the treatment of victims and witnesses, as well as their criticisms. It also explores some of challenges and potential avenues for future reform.
Author: United Nations Office at Vienna
Publisher: United Nations Fund for Population Activities
ISBN: 9789211301861
Category : Law
Languages : en
Pages : 108
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Book Description
This publication offers an international perspective on juvenile justice. It reflects the changing philosophy in this field & the action taken by the United Nations & the international community as a whole. It consists of 21 articles which express personal opinion on various aspects of juvenile justice, delinquency, institutional treatment of delinquents, street kids, prevention of delinquency & juvenile victimization.
Author: Kevin Jon Heller
Publisher: Stanford University Press
ISBN: 0804777292
Category : Law
Languages : en
Pages : 669
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Book Description
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.
Author: Bartolomé Clavero
Publisher: Giuffrè Editore
ISBN: 8814142777
Category : Law
Languages : en
Pages : 274
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Book Description
Author: Jesús Huerta de Soto
Publisher: Ludwig von Mises Institute
ISBN: 1610163885
Category : Banks and banking
Languages : en
Pages : 938
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Book Description
Author: Dirk van Zyl Smit
Publisher: Bloomsbury Publishing
ISBN: 1509902228
Category : Social Science
Languages : en
Pages : 539
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Book Description
In many jurisdictions today, life imprisonment is the most severe penalty that can be imposed. Despite this, it is a relatively under-researched form of punishment and no meaningful attempt has been made to understand its full human rights implications. This important collection fills that gap by addressing these two key questions: what is life imprisonment and what human rights are relevant to it? These questions are explored from the perspective of a range of jurisdictions, in essays that draw on both empirical and doctrinal research. Under the editorship of two leading scholars in the field, this innovative and important work will be a landmark publication in the field of penal studies and human rights.
Author: David S. Parker
Publisher: McGill-Queen's Press - MQUP
ISBN: 022801235X
Category : History
Languages : en
Pages : 169
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Book Description
The duel, and the codes of honour that governed duelling, functioned for decades in many European and Latin American countries as a shadow legal system, regulating in practice what legislators felt free to say and what journalists felt free to write. Yet the duel was also an act of potentially deadly violence and a challenge to the authority of statutory law. When duelling became widespread in early twentieth-century Uruguay, legislators facing this dilemma chose the unique and radical path of legalization. The Pen, the Sword, and the Law explores how the only country in the world to decriminalize duelling managed the tension between these informal but widely accepted “gentlemanly laws” and its own criminal code. The duel, which remained legal until 1992, was meant to ensure civility in politics and decorum in the press, but it often failed to achieve either. Drawing on rich and detailed newspaper reports of duels and challenges, parliamentary debates, legal records, private papers, and interviews, David Parker examines the role of pistols and sabres in shaping the everyday workings of a raucous public sphere. Demonstrating that the duel was no simple throwback to archaic conceptions of masculine honour and chivalry, The Pen, the Sword, and the Law illustrates how duelling went hand in hand with democracy and freedom of the press in one of South America’s most progressive nations.
Author: Charles R. Cutter
Publisher: UNM Press
ISBN: 9780826327758
Category : History
Languages : en
Pages : 244
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Book Description
Spain's colonial rule rested on a judicial system that resolved conflicts and meted out justice. But just how was this legal order imposed throughout the New World? Re-created here from six hundred civil and criminal cases are the procedural and ethical workings of the law in two of Spain's remote colonies--New Mexico and Texas in the eighteenth century. Professor Cutter challenges the traditional view that the legal system was inherently corrupt and irrelevant to the mass of society, and that local judicial officials were uninformed and inept. Instead he found that even in peripheral areas the lowest-level officials--thealcaldeor town magistrate--had a greater impact on daily life and a keener understanding of the law than previously acknowledged by historians. These local officials exhibited flexibility and sensitivity to frontier conditions, and their rulings generally conformed to community expectations of justice. By examining colonial legal culture, Cutter reveals the attitudes of settlers, their notions of right and wrong, and how they fixed a boundary between proper and improper actions. "A superlative work."--Marc Simmons, author ofSpanish Government in New Mexico
Author: Aniceto Masferrer
Publisher: Springer
ISBN: 3319719122
Category : Law
Languages : en
Pages : 427
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Book Description
This volume addresses an important historiographical gap by assessing the respective contributions of tradition and foreign influences to the 19th century codification of criminal law. More specifically, it focuses on the extent of French influence – among others – in European and American civil law jurisdictions. In this regard, the book seeks to dispel a number of myths concerning the French model’s actual influence on European and Latin American criminal codes. The impact of the Napoleonic criminal code on other jurisdictions was real, but the scope and extent of its influence were significantly less than has sometimes been claimed. The overemphasis on French influence on other civil law jurisdictions is partly due to a fundamental assumption that modern criminal codes constituted a break with the past. The question as to whether they truly broke with the past or were merely a degree of reform touches on a difficult issue, namely, the dichotomy between tradition and foreign influences in the codification of criminal law. Scholarship has unfairly ignored this important subject, an oversight that this book remedies.
Author:
Publisher: U of Nebraska Press
ISBN: 0803213573
Category : History
Languages : en
Pages : 192
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Book Description
Crime and the Administration of Justice in Buenos Aires, 1785-1853, analyzes the emergence of the criminal justice system in modern Argentina, focusing on the city of Buenos Aires as a case study. It concentrates on the formative period of the postcolonial penal system, from the installation of the second Audiencia (the superior justice tribunal in the viceroyalty of Río de la Plata) in 1785 to the promulgation of the Argentine national constitution in 1853, when a new phase of interregional organization and codification began. Through analysis of criminal cases, Barreneche shows how different interpretations of liberalism, the changing roles of the new police and the military, and the institutionalization of education all contributed to the debate on penal reform during Argentina's transition from colony to state. Only through understanding the historical development of legal and criminal procedures can contemporary social scientists come to grips with the struggle between democracy and authoritarianism in modern Argentina.
