Towards a Rational Legislative Evaluation in Criminal Law PDF Download
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Author: Adán Nieto Martín
Publisher: Springer
ISBN: 3319328956
Category : Law
Languages : en
Pages : 386
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Book Description
This book launches a debate on the need to evaluate criminal policies and, what is more complex and ambitious, to develop an evaluation method. The contributions address topics such as the general methodology for evaluating public policy, preparing criminal statistics, and analyzing costs, cost-effectiveness and cost benefits. Additionally, the work explores the state of affairs in various countries including Spain, Sweden, USA, Germany and in the EU. It also examines issues such as the relationship between legislative evaluation and criminal principles and the constitutional courts’ control over criminal acts.
Author: Adán Nieto Martín
Publisher: Springer
ISBN: 3319328956
Category : Law
Languages : en
Pages : 386
Get Book Here
Book Description
This book launches a debate on the need to evaluate criminal policies and, what is more complex and ambitious, to develop an evaluation method. The contributions address topics such as the general methodology for evaluating public policy, preparing criminal statistics, and analyzing costs, cost-effectiveness and cost benefits. Additionally, the work explores the state of affairs in various countries including Spain, Sweden, USA, Germany and in the EU. It also examines issues such as the relationship between legislative evaluation and criminal principles and the constitutional courts’ control over criminal acts.
Author: A. Daniel Oliver-Lalana
Publisher: Springer
ISBN: 3030120686
Category : Law
Languages : en
Pages : 344
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Book Description
This volume brings together an international group of legal scholars to discuss different approaches to lawmaking. As well as reflecting the diversity of legisprudence as a re-emerging academic field, it offers a broad overview of current developments and challenges in the theory of legislation, and aspires, moreover, to counterbalance some questionable ideas or misconceptions, widespread among jurists, on what making laws entails. The book is organized into three parts. The first comprises a sample of ‘ways and models of legislation’, ranging from classic legislative ideals to contemporary forms of regulation. The essays in this part, variances of focus notwithstanding, revolve around the notions of legislative rationality, quality, effectiveness, and legitimacy, which may be regarded as the cornerstones of legisprudence. Interwoven with these notions is another core legisprudential concern: the justification of laws. We address it separately in the next part by exploring the connection between lawmaking, argumentation and constitutional democracy: under the heading ‘legislation in a culture of justification’, a number of aspects of this connection are tackled that have not been sufficiently considered so far in legisprudential literature, such as the intricacies of legislative reasoning and balancing, or the justificatory problems posed by special-interest legislation. The under privileged status of legisprudence in legal studies and the need for socially attentive and citizen-oriented legislative research come to the fore in the third part of the book which turns to the relationships between ‘legisprudence, lawyers, and citizens’. All in all, the thirteen articles gathered here provide a stimulating insight into the theory of legislation, and can hopefully contribute to the reconciliation of the study of law and the study of its making.
Author: José Becerra
Publisher: Springer Nature
ISBN: 3030713482
Category : Law
Languages : en
Pages : 233
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Book Description
This book intends to contribute to the consolidation of the new approach to lawmaking that has taken place in the last 20 years in legal philosophy and legal theory, spreading to other legal fields, especially criminal law. This new legislation science focusing on criminal problems has triggered a growing interest in the field, a dynamic which has led to a long-needed convergence of disciplines such as administrative law, criminal law, criminology, political science, sociology and, of course, legal philosophy to contribute to a more rational decision-making process for the construct of criminal laws. With the intention to continue on with the building of a solid “Criminal Legislation Science”, this work presents scholars, lawmakers and students various emblematic approaches to enrich the discussion about different and promising tools and theoretical frameworks.
Author: Douglas Husak
Publisher: Oxford University Press
ISBN: 0198043996
Category : Philosophy
Languages : en
Pages : 244
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Book Description
The United States today suffers from too much criminal law and too much punishment. Husak describes the phenomena in some detail and explores their relation, and why these trends produce massive injustice. His primary goal is to defend a set of constraints that limit the authority of states to enact and enforce penal offenses. The book urges the weight and relevance of this topic in the real world, and notes that most Anglo-American legal philosophers have neglected it. Husak's secondary goal is to situate this endeavor in criminal theory as traditionally construed. He argues that many of the resources to reduce the size and scope of the criminal law can be derived from within the criminal law itself-even though these resources have not been used explicitly for this purpose. Additional constraints emerge from a political view about the conditions under which important rights such as the right implicated by punishment-may be infringed. When conjoined, these constraints produce what Husak calls a minimalist theory of criminal liability. Husak applies these constraints to a handful of examples-most notably, to the justifiability of drug proscriptions.
Author: Helen Xanthaki
Publisher: Routledge
ISBN: 1317638409
Category : Law
Languages : en
Pages : 180
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Book Description
The quality of legislation within the Commonwealth is an essential element of democracy and the rule of law. Although a neglected territory until recently, the legislative drafting debate is at the forefront of academic and professional fora at a Commonwealth and at a national level. This book brings to light the academic foundations of legislative quality and the many recent innovations deriving from Commonwealth jurisdictions. This book was based on a special issue of the Commonwealth Law Bulletin.
Author: Joanna Beata Banach-Gutierrez
Publisher: Routledge
ISBN: 1317427610
Category : Law
Languages : en
Pages : 274
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Book Description
The EU now possesses a clear legal basis for taking action on criminal law matters and steering the policy and practice of Member States in relation to crime and criminal law. However, for what is now an important area of law, there remains a striking absence or uncertainty regarding its theoretical basis, its legitimacy and its conceptual vocabulary. This book offers a review of the significance of EU criminal law and crime policy as a rapidly emerging phenomenon in European law and governance. Bringing together an international set of contributors, the book questions the nature, role and objectives of such 'criminal law', its relationship with other areas of EU policy and law, and the established rules of criminal law and criminal justice at the Member State level. Taking up such subjects as the application of criminal law across national boundaries and in the broader European context, effective enforcement, and the working out of a new European policy, the book helps to structure an increasingly significant subject in law which is still finding its direction. The book will be of great use and interest to researchers and students of EU law, criminal justice, and criminology.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 108
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Book Description
The ABA Journal serves the legal profession. Qualified recipients are lawyers and judges, law students, law librarians and associate members of the American Bar Association.
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Criminal Laws and Procedures
Publisher:
ISBN:
Category : Criminal law
Languages : en
Pages : 2014
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Book Description
Author: National Criminal Justice Reference Service (U.S.)
Publisher:
ISBN:
Category : Criminal justice, Administration of
Languages : en
Pages : 646
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Book Description
Author: Xingliang Chen
Publisher: Springer Nature
ISBN: 9811997640
Category : Law
Languages : en
Pages : 482
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Book Description
This book uses humanity-rationality and experience and the freedom of human will as a theoretical perspective to examine the basic framework of criminal law theories constructed by the criminal classic school and the criminal empirical school. The author puts forward the principle of the duality of rationality and experience of humanity and affirms the determinism of human behavior in the ontological sense and the freedom of will in the axiological sense. From this point of view, this book examines the humanistic foundations of crime and punishment, legislation and justice.
