Quantification And Criminal Justice History In International Perspective

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Histories Written by International Criminal Courts and Tribunals

Author : Aldo Zammit Borda
Publisher : Springer Nature
Page : 276 pages
File Size : 42,9 Mb
Release : 2020-12-18
Category : Law
ISBN : 9789462654273

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Histories Written by International Criminal Courts and Tribunals by Aldo Zammit Borda Pdf

This book argues for a more moderate approach to history-writing in international criminal adjudication by articulating the elements of a “responsible history” normative framework. The question of whether international criminal courts and tribunals (ICTs) ought to write historical narratives has gained renewed relevance in the context of the recent turn to history in international criminal law, the growing attention to the historical legacies of the ad hoc Tribunals and the minimal attention paid to historical context in the first judgment of the International Criminal Court. The starting point for this discussion is that, in cases of mass atrocities, prosecutors and judges are inevitably understood to be engaged in writing history and influencing collective memory, whether or not they so intend. Therefore, while writing history is an inescapable feature of ICTs, there is still today a significant lack of consensus over the proper place of this function. Since Hannah Arendt articulated her doctrine of strict legality, in response to the prosecutor’s expansive didactic approach in Eichmann, the legal debate on the subject has been largely polarised between restrictive and expansive approaches to history-writing in mass atrocity trials. What has been noticeably missing from this debate is the middle ground. The contribution this book seeks to make is precisely to articulate a framework that occupies that ground. The book asks: what are the lenses through which judges of ICTs interpret historical events, what kind of histories do ICTs write? and what kinds of histories should ICTs produce? Its arguments for a more moderate approach to history-writing are based on three distinct, but interrelated grounds: (1) Truth and Justice; (2) Right to Truth; and (3) Legal Epistemology. Different target audiences may benefit from this book. Court officials and legal practitioners may find the normative framework developed herein useful in addressing the tensions between the competing objectives of ICTs and, in particular, in assessing the value of the history-writing function. Lawyers, historians and other academics may also find the analysis of the strengths, constraints and blind spots of the historical narratives written by ICTs interesting. This issue is particularly timely in view of current debates on the legacies of ICTs. Aldo Zammit Borda is Director of the Centre for Access to Justice and Inclusion at Anglia Ruskin University, Cambridge, UK.

The International Criminal Court at the Mercy of Powerful States

Author : Res Schuerch
Publisher : Springer
Page : 305 pages
File Size : 42,6 Mb
Release : 2017-07-15
Category : Law
ISBN : 9789462651920

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The International Criminal Court at the Mercy of Powerful States by Res Schuerch Pdf

This book aims to investigate whether, and if so, how, an institution designed to bring to justice perpetrators of the most heinous crimes can be regarded a tool of oppression in a (neo-)colonial sense. To do so, it re-invents the concept of neo-colonialism, which is traditionally associated more with economic or political implications, from an international criminal law perspective, combining historical, political and legal analyses. Allegations of neo-colonialism in relation to the International Criminal Court (ICC) became widespread after the Court had issued an arrest warrant against the Sudanese President Omar Al-Bashir in 2009. While the Court, since its entry into function in 2002, has been confronted with criticism from various corners, the neo-colonialism controversy was sparked by African stakeholders. Unlike other contributions in this domain, thus, this book provides a Western perspective on an issue more often addressed from an African standpoint, with the intention of distinguishing itself from the more political and emotive and sometimes superficial arguments that exist within critical legal approaches towards the ICC. The subject matter will primarily be of interest to scholars of international criminal law or those operating at the intersection of law and politics/history, nationals of African states and from other parts of the world professionally interested and/or involved in international criminal law and justice and the ICC, and governmental and non-governmental organizations. Secondly, the book will also appeal and speak to critical legal scholars and those interested in historical legal analysis. Res Schuerch is a Swiss lawyer specialized in the field of International Criminal Law and the ICC. He previously worked as a researcher at the University of Amsterdam and as an academic assistant at the University of Zürich.

International Perspectives on Crime and Justice

Author : K. Jaishankar
Publisher : Cambridge Scholars Publishing
Page : 720 pages
File Size : 49,5 Mb
Release : 2009-05-27
Category : Social Science
ISBN : 9781443811583

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International Perspectives on Crime and Justice by K. Jaishankar Pdf

In a world of growing interdependence, crimes are no longer confined by national boundaries. In this context, the necessity to understand criminological developments across the globe becomes imperative. This book aims to offer cross-cultural perspectives of different criminological issues and criminal justice systems operating worldwide. This book emphasizes the collective understanding of criminological problems from an international perspective. This book is a quintessence of contemporary criminological developments, with a global outlook. The book is an edited volume of articles collected from criminologists all over the world. It is a peer reviewed collection. The chapters focuses on various criminological issues such as Bullying, Child abuse, Corrections (Institutional and Community), Cyber crimes, Corporate crime, Corruption, Costs of crime, Crime Analysis, Crime prevention, Crime Mapping and GIS, Criminal justice systems, Environmental crime, Ethnic/communal/caste conflicts, Family violence, Fear of crime, High tech crimes, Homicide, Human trafficking, Juvenile Delinquency, Organized crime, Offenders including women offenders, Policing, Prisons, Public attitudes, Restorative justice, Sexual assault, Stalking, Theories of crime, Transnational crime, Victimology, Violence, White collar crime, and Workplace violence. The book aims to provide theoretical frameworks and pragmatic discussions on Criminology and Criminal Justice. It is intended for Academics, Criminal Justice professionals, and Graduate Students who want to improve their understanding of the issues and challenges that arise when issues related to criminology and criminal justice cross national boundaries. Also, practitioners and academics of allied fields like sociology, psychology, geography, political science, public administration and forensic sciences whose research interests include either crime/criminal justice system/Victim or crime analysis will find this book useful. “The comprehensive framework of this book means that it provides a rich variety of international perspectives on an array of crime and justice-related issues. The thirty chapters presented here are a treasure trove of insights in terms of both topical variety and approaches within topic. Dr. Jaishankar has assembled a valuable collection of readings that will find broad acceptance internationally.” Prof. Keith Harries (From the Foreword)

Comparative and International Criminal Justice Systems

Author : Obi N. I. Ebbe
Publisher : CRC Press
Page : 326 pages
File Size : 45,5 Mb
Release : 2013-05-13
Category : Law
ISBN : 9781466560338

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Comparative and International Criminal Justice Systems by Obi N. I. Ebbe Pdf

Comparative and International Criminal Justice Systems: Policing, Judiciary, and Corrections, Third Edition examines the history, dynamics, structure, organization, and processes in the criminal justice systems in a number of selected countries. Designed for courses in comparative criminal justice systems, comparative criminology, and international criminal law, it explores systems in the United States, Ireland, Israel, Argentina, Sierra Leone, China, Russia, and Poland. A descriptive and quantitative analysis of criminal justice processes, this text goes beyond a mere analysis of individual systems. Instead, the book compares these criminal justice models with each other and contrasts them with: United Nations conventions World Courts of Justice International Court of Justice International Military Tribunal International Criminal Tribunal International Criminal Court Understanding these comparisons is crucial for a proper grasp of transnational crimes. The book shows how the national criminal justice systems and the United Nations judicial systems complement each other when adjudicating transnational crimes in the international community. It analyzes the nature of crime and criminal law, explores basic theories of crime, and discusses the various sources of international law. It also examines the inherent pitfalls in comparing international crime rates and discusses terrorism and its control. Unique to this edition is a thorough, unbiased study of the Islamic justice system. Each chapter focuses on a select region and includes crime data and arrest, prosecution, and conviction rates where appropriate. This allows readers looking for information on the criminal justice systems of any part of the world to easily find the relevant section. A sound approach to understanding the laws of various nations, and international, criminal, and humanitarian laws, this volume provides sage insight into the sociological explanations of criminal law and crime.

History & Crime

Author : Thomas J. Kehoe,Jeffrey E. Pfeifer
Publisher : Emerald Group Publishing
Page : 256 pages
File Size : 53,5 Mb
Release : 2021-09-15
Category : Social Science
ISBN : 9781801176989

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History & Crime by Thomas J. Kehoe,Jeffrey E. Pfeifer Pdf

Revealing the cross utility potential of multiple disciplines to advance knowledge in crime studies, History & Crime showcases new research into crime from across the interdisciplinary perspectives of early modern and modern history, criminology, forensic psychology, and legal studies.

The Fundamental Concept of Crime in International Criminal Law

Author : Iryna Marchuk
Publisher : Springer Science & Business Media
Page : 304 pages
File Size : 53,9 Mb
Release : 2013-07-29
Category : Law
ISBN : 9783642282461

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The Fundamental Concept of Crime in International Criminal Law by Iryna Marchuk Pdf

This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective. In this context, particular thought has been given to the catalyzing impact of the criminal law theory that has developed in major world legal systems upon the crystallization of the substantive part of international criminal law. This study offers a critical overview of international and domestic jurisprudence with regard to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive comparative analysis of substantive criminal laws in selected legal jurisdictions.

Urbanization and Crime

Author : Eric A. Johnson
Publisher : Cambridge University Press
Page : 266 pages
File Size : 52,6 Mb
Release : 2002-07-18
Category : History
ISBN : 0521527007

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Urbanization and Crime by Eric A. Johnson Pdf

This 1995 book contributes to both modern German history and to the sociological understanding of crime in modern industrial and urban societies. Its central argument is that cities, in themselves, do not cause crime. It focuses on the problems of crime and criminal justice during Germany's period of most rapid urban and industrial growth - a period when Germany also rose to world power status. From 1871 to 1914, German cities, despite massive growth, socialist agitation and non-ethnic German immigration, were not particularly infested with crime. Yet the conservative political and religious elites constantly railed against the immoral nature of the city and the German governmental authorities, police, and court officials often overreacted against city populations. In so doing, they helped to set Germany on a dangerous authoritarian course.

Crime, Society and the Law in Renaissance Italy

Author : Trevor Dean,K. J. P. Lowe
Publisher : Cambridge University Press
Page : 296 pages
File Size : 41,7 Mb
Release : 1994-04-14
Category : History
ISBN : 9780521411028

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Crime, Society and the Law in Renaissance Italy by Trevor Dean,K. J. P. Lowe Pdf

Drawing on a wide body of internationally-renowned scholars, including a core of Italians, this volume focuses on new material and puts crime and disorder in Renaissance Italy firmly in its political and social context. All stages of the judicial process are addressed, from the drafting of new laws to the rounding-up of bandits. Attention is paid both to common crime and to more historically specific crimes, such as sumptuary laws. Attempts to prevent or suppress disorder in private and public life are analysed, and many different types of crime, from the sexual to the political and from the verbal to the physical, are considered. In sum the volume aims to demonstrate the fundamental importance of crime and disorder for the study of the Italian Renaissance. It is the only single-volume treatment available of the subject in English. Other books have studied crime in a single city, or single types of crime, but few have presented a cross-section of articles which deploy diverse methodological approaches in material from many parts of the peninsula.

The Civilization of Crime

Author : Eric Arthur Johnson,Eric H. Monkkonen
Publisher : University of Illinois Press
Page : 308 pages
File Size : 46,6 Mb
Release : 1996
Category : History
ISBN : 0252065468

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The Civilization of Crime by Eric Arthur Johnson,Eric H. Monkkonen Pdf

Along with most of the rest of Western culture, has crime itself become more "civilized"? This book exposes as myths the beliefs that society has become more violent than it has been in the past and that violence is more likely to occur in cities than in rural areas. The product of years of study by scholars from North America and Europe, The Civilization of Crime shows that, however violent some large cities may be now, both rural and urban communities in Sweden, Holland, England, and other countries were far more violent during the late Middle Ages than any cities are today. Contributors show that the dramatic change is due, in part, to the fact that violence was often tolerated or even accepted as a form of dispute settlement in village-dominated premodern society. Interpersonal violence declined in the seventeenth and eighteenth centuries, as dispute resolution was taken over by courts and other state institutions and the church became increasingly intolerant of it. The book also challenges a number of other historical-sociological theories, among them that contemporary organized crime is new, and addresses continuing debate about the meaning and usefulness of crime statistics. CONTRIBUTORS: Esther Cohen, Herman Diederiks, Florike Egmond, Eric A. Johnson, Michele Mancino, Eric H. Monkkonen, Eva Österberg, James A. Sharpe, Pieter Spierenburg, Jan Sundin, Barbara Weinberger

Crime, Histoire et Sociétés, 1997/1

Author : Anonim
Publisher : Librairie Droz
Page : 132 pages
File Size : 47,8 Mb
Release : 2024-06-03
Category : Electronic
ISBN : 2600047875

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Crime, Histoire et Sociétés, 1997/1 by Anonim Pdf

International Criminal Justice

Author : Gideon Boas,Pascale Chifflet
Publisher : Edward Elgar Publishing
Page : 264 pages
File Size : 49,7 Mb
Release : 2017-04-28
Category : Electronic
ISBN : 9781785360633

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International Criminal Justice by Gideon Boas,Pascale Chifflet Pdf

This book explores crucial themes in international criminal justice. It starts by answering the searching question: what is international criminal justice? The book then considers the role and impact of politics, history, psychology, terrorism, transitioning society, and even the idea of hope, and the relationship of these themes with how we understand international criminal justice. While addressing some crucial legal questions, International Criminal Justice goes further, drawing on a range of multi-disciplinary thinking.

International Criminal Justice

Author : Gideon Boas,William Schabas,Michael P. Scharf
Publisher : Edward Elgar Publishing
Page : 335 pages
File Size : 46,5 Mb
Release : 2012-01-01
Category : Law
ISBN : 9781781005606

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International Criminal Justice by Gideon Boas,William Schabas,Michael P. Scharf Pdf

ÔInternational criminal justice indeed is a crowded field. But this edited collection stands well above the crowd. And it does so with dignity. Through interdisciplinary analysis, the editors skillfully turn shibboleths into intrigues. Theirs is a kaleidoscopic project that scales a gamut of issues: from courtroom discipline, to gender, to the defense, to history. Through vivid deployment of unconventional methods, this edited collection unsettles conventional wisdom. It thereby pushes law and policy toward heartier horizons.Õ Ð Mark A. Drumbl, Washington and Lee University, School of Law, US International criminal justice as a discipline throws up numerous conceptual issues, engaging disciplines such as law, politics, history, sociology and psychology, to name but a few. This book addresses themes around international criminal justice from a mixture of traditional and more radical perspectives. While law, and in particular international law, is at the heart of much of the discussion around this topic, history, sociology and politics are invariably infused and, in some aspects of international criminal justice, are predominant elements. Fundamentally the exploration concerns questions of coherence and legitimacy, which are foundational to both the content and application of the discipline, and the book charts an illuminating path through these diverse perspectives. The contributions in this book come from some of the eminent scholars and practitioners in the area, and will provide some profound insight into and an enriched understanding of international criminal justice, helping to advance the field of study. This ambitious and necessary book will appeal to academics and students of international criminal law, international criminal justice, international law, transitional justice and comparative criminal law, as well as practitioners of international criminal law.

Comparative, International, and Global Justice

Author : Cyndi Banks,James Baker
Publisher : SAGE Publications
Page : 593 pages
File Size : 55,6 Mb
Release : 2015-09-23
Category : Law
ISBN : 9781506337272

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Comparative, International, and Global Justice by Cyndi Banks,James Baker Pdf

Comparative, International and Global Justice: Perspectives from Criminology and Criminal Justice presents and critically assesses a wide range of topics relevant to criminology, criminal justice and global justice. The text is divided into three parts: comparative criminal justice, international criminology, and transnational and global criminology. Within each field are located specific topics which the authors regard as contemporary and highly relevant and that will assist students in gaining a fuller appreciation of global justice issues. Authors Cyndi Banks and James Baker address these complex global issues using a scholarly but accessible approach, often using detailed case studies. The discussion of each topic is a comprehensive contextualized account that explains the social context in which law and crime exist and engages with questions of explanation or interpretation. The authors challenge students to gain knowledge of international and comparative criminal justice issues and think about them in a critical manner. It has become difficult to ignore the global and international dimensions of criminal justice and criminology and this text aims to enhance criminal justice education by focusing on some of the issues engaging criminology worldwide, and to prepare students for a future where fields of study like transnational crime are unexceptional.