The Ethical Legitimization Of Criminal Law

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The Ethical Legitimization of Criminal Law

Krzysztof Szczucki
The Ethical Legitimization of Criminal Law Book PDF

Author : Krzysztof Szczucki
Publisher : Rowman & Littlefield
Page : 311 pages
File Size : 40,8 Mb
Release : 2022-05-09
Category : Law
ISBN : 9781666908060

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The Ethical Legitimization of Criminal Law by Krzysztof Szczucki Pdf

When creating the norms of criminal law, the legislator should strive for their compatibility with the principle of human dignity while taking into account the ethical legitimacy of criminal law. This thesis is the axis around which The Ethical Legitimization of Criminal Law is constructed. Szczucki shows that criminal law is like a suit; to be a perfect fit, it has to be tailor-made. That is why he argues for three points of reference to guide moral evaluation of criminal law: first, the coherence of the legal system; second, the will of the legislator; and third, the virtues of citizens. Only by analyzing these concepts together in the context of legal culture can one answer the question of what makes good criminal law. The book concludes that an ethical perspective in analyzing, grounding, and evaluating criminal law is inevitable. Appealing to researchers, scholars, and professionals from across the criminal and legal spectrum, this book explores fundamental questions about the nature of ethical perspective in legal analysis.

Legitimacy and Compliance in Criminal Justice

Adam Crawford,Anthea Hucklesby
Legitimacy and Compliance in Criminal Justice Book PDF

Author : Adam Crawford,Anthea Hucklesby
Publisher : Routledge
Page : 231 pages
File Size : 54,6 Mb
Release : 2013
Category : Law
ISBN : 9780415671552

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Legitimacy and Compliance in Criminal Justice by Adam Crawford,Anthea Hucklesby Pdf

This book aims to explore a number of connected themes relating to compliance, legitimacy and trust in different areas of criminal justice and socio-legal regulation.

Criminal Law and the Authority of the State

Antje du Bois-Pedain,Magnus Ulväng,Petter Asp
Criminal Law and the Authority of the State Book PDF

Author : Antje du Bois-Pedain,Magnus Ulväng,Petter Asp
Publisher : Bloomsbury Publishing
Page : 390 pages
File Size : 51,7 Mb
Release : 2017-05-04
Category : Law
ISBN : 9781509905140

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Criminal Law and the Authority of the State by Antje du Bois-Pedain,Magnus Ulväng,Petter Asp Pdf

How does the state, as a public authority, relate to those under its jurisdiction through the criminal law? Connecting the ways in which criminal lawyers, legal theorists, public lawyers and criminologists address questions of the criminal law's legitimacy, contributors to this collection explore issues such as criminal law-making and jurisdiction; the political-ethical underpinnings of legitimate criminal law enforcement; the offence of treason; the importance of doctrinal guidance in the application of criminal law; the interface between tort and crime; and the purposes and mechanisms of state punishment. Overall, the collection aims to enhance and deepen our understanding of criminal law by conceiving of the practices of criminal justice as explicitly and distinctly embedded in the project of liberal self-governance.

The Dual Penal State

Markus D. Dubber
The Dual Penal State Book PDF

Author : Markus D. Dubber
Publisher : Oxford University Press
Page : 320 pages
File Size : 51,5 Mb
Release : 2018-09-04
Category : Law
ISBN : 9780191061783

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The Dual Penal State by Markus D. Dubber Pdf

In The Dual Penal State, Markus Dubber addresses the rampant use of penal power in Western liberal democracies. The interference with the autonomy of the very persons upon whose autonomy the legitimacy of state power is supposed to rest is systemically normalized, rather than continuously scrutinized. The fundamental challenge of the penal paradox-the prima facie illegitimacy of modern punishment-remains unaddressed and unresolved. Focusing on the United States and Germany, and drawing on his influential account of the patriarchal origins of police power, Dubber exposes the persistence of a two-sided criminal justice regime: the dual penal state. The dual penal state combines principled punishment of equals under the rule of law, on one side, with punitive discipline of others under the rule of police, on the other. Slavery has long played a central role in drawing the line between the two sides of the dual penal state. In Europe, the slave appears in the classic and still foundational accounts of liberal punishment (from Beccaria to Kant) as the paradigmatic other beyond the protection of law, not a legal subject but a mere object of the master's or the state's discretionary discipline. In America, the patriarchal power to police portrays the continuum from the antebellum slaveholder's whipping of his slaves in private and the racial terror perpetrated by slave patrols in public, to the apartheid regime of Jim Crow and the treatment of prisoners as "slaves of the state," and eventually to the late 20th century's systemic racial violence of the “war on crime" and the widespread killing of Black suspects by an increasingly militarized and armed police force that triggered the global Black Lives Matter movement.

Trust and Legitimacy in Criminal Justice

Gorazd Meško,Justice Tankebe
Trust and Legitimacy in Criminal Justice Book PDF

Author : Gorazd Meško,Justice Tankebe
Publisher : Springer
Page : 301 pages
File Size : 43,9 Mb
Release : 2014-11-18
Category : Social Science
ISBN : 9783319098135

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Trust and Legitimacy in Criminal Justice by Gorazd Meško,Justice Tankebe Pdf

The book explores police legitimacy and crime control, with a focus on the European region. Using comparative case studies, the contributions to this timely volume examine the effects of a transition to democracy on policing, public attitudes towards police legitimacy, and the ways in which perceptions of police legitimacy relate to compliance with the law. Following these case studies, the authors provide recommendations for improving police legitimacy and controlling crime, in these particular sociopolitical environments, where the police are often associated with previous military or paramilitary roles. The techniques used by these researchers may be applied to studies for policing in other regions, with potential applications within Europe and beyond. Chapters present topical issues of crime, crime control and human emotions regarding crime, criminals, law enforcement and punishment in contemporary societies. This book will be of interest to researchers in criminology and criminal justice, as well as political science and public policy. This book is highly recommended for anyone interested in procedural justice and legitimacy, encounters between citizens and the state, the effectiveness of governmental institutions, and democratic development. It stands alone in its broad, cross-national contributions to understanding these issues. -Wesley G. Skogan, PhD, Professor of Political Science, Northwestern University, Chicago, IL, USA

Shocking the Conscience of Humanity

Margaret M. deGuzman
Shocking the Conscience of Humanity Book PDF

Author : Margaret M. deGuzman
Publisher : Oxford University Press
Page : 350 pages
File Size : 44,5 Mb
Release : 2020-04-13
Category : Law
ISBN : 9780191089398

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Shocking the Conscience of Humanity by Margaret M. deGuzman Pdf

The most commonly cited justification for international criminal law is that it addresses crimes of such gravity that they "shock the conscience of humanity." From decisions about how to define crimes and when to exercise jurisdiction, to limitations on defences and sentencing determinations, gravity rhetoric permeates the discourse of international criminal law. Yet the concept of gravity has thus far remained highly undertheorized. This book uncovers the consequences for the regime's legitimacy of its heavy reliance on the poorly understood idea of gravity. Margaret M. deGuzman argues that gravity's ambiguity may at times enable a thin consensus to emerge around decisions, such as the creation of an institution or the definition of a crime, but that, increasingly, it undermines efforts to build a strong and resilient global justice community. The book suggests ways to reconceptualize gravity in line with global values and goals to better support the long-term legitimacy of international criminal law.

Shocking the Conscience of Humanity

Margaret M. deGuzman
Shocking the Conscience of Humanity Book PDF

Author : Margaret M. deGuzman
Publisher : Oxford University Press
Page : 350 pages
File Size : 48,7 Mb
Release : 2020-04-13
Category : Law
ISBN : 9780191089381

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Shocking the Conscience of Humanity by Margaret M. deGuzman Pdf

The most commonly cited justification for international criminal law is that it addresses crimes of such gravity that they "shock the conscience of humanity." From decisions about how to define crimes and when to exercise jurisdiction, to limitations on defences and sentencing determinations, gravity rhetoric permeates the discourse of international criminal law. Yet the concept of gravity has thus far remained highly undertheorized. This book uncovers the consequences for the regime's legitimacy of its heavy reliance on the poorly understood idea of gravity. Margaret M. deGuzman argues that gravity's ambiguity may at times enable a thin consensus to emerge around decisions, such as the creation of an institution or the definition of a crime, but that, increasingly, it undermines efforts to build a strong and resilient global justice community. The book suggests ways to reconceptualize gravity in line with global values and goals to better support the long-term legitimacy of international criminal law.

International Criminal Justice

Gideon Boas,William Schabas,Michael P. Scharf
International Criminal Justice Book PDF

Author : Gideon Boas,William Schabas,Michael P. Scharf
Publisher : Edward Elgar Publishing
Page : 335 pages
File Size : 44,7 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.

Legitimizing European Criminal Law

Merita Kettunen
Legitimizing European Criminal Law Book PDF

Author : Merita Kettunen
Publisher : Springer Nature
Page : 278 pages
File Size : 49,8 Mb
Release : 2019-11-08
Category : Law
ISBN : 9783030161743

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Legitimizing European Criminal Law by Merita Kettunen Pdf

The book examines how and according to which principles the enactment of European criminal legislation is legitimate. The approach adopted here focuses on the constitutionalization of criminal law (i.e., the growing importance of constitutional elements of the EU legal order and the ECHR regime within criminal law). Further, it shows how and why criminal law has a unique nature, and why it should not be equated with other fields of EU law.The book explains the basic research questions and methodologies, before turning to the nature of criminal law at the level of national law, and addressing the different levels of justification for criminal law. Further, it examines the most prominent features of European criminal law and the difference between general EU law and EU criminal law, as well as the theoretical ideals for European constitutional structures and criminal law. Examples of how the law in practice might not always be in keeping with these normative ideals serve to round out the coverage.

The Routledge Handbook of Criminal Justice Ethics

Jonathan Jacobs,Jonathan Jackson
The Routledge Handbook of Criminal Justice Ethics Book PDF

Author : Jonathan Jacobs,Jonathan Jackson
Publisher : Routledge
Page : 601 pages
File Size : 51,9 Mb
Release : 2016-07-01
Category : Philosophy
ISBN : 9781134619528

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The Routledge Handbook of Criminal Justice Ethics by Jonathan Jacobs,Jonathan Jackson Pdf

The enormous financial cost of criminal justice has motivated increased scrutiny and recognition of the need for constructive change, but what of the ethical costs of current practices and policies? Moreover, if we seriously value the principles of liberal democracy then there is no question that the ethics of criminal justice are everybody’s business, concerns for the entire society. The Routledge Handbook of Criminal Justice Ethics brings together international scholars to explore the most significant ethical issues throughout their many areas of expertise, anchoring their discussions in the empirical realities of the issues faced rather than applying moral theory at a distance. Contributions from philosophers, legal scholars, criminologists and psychologists bring a fresh and interdisciplinary approach to the field. The Handbook is divided into three parts: Part I addresses the core issues concerning criminal sanction, the moral and political aspects of the justification of punishment, and the relationship between law and morality. Part II examines criminalization and criminal liability, and the assumptions and attitudes shaping those aspects of contemporary criminal justice. Part III evaluates current policies and practices of criminal procedure, exploring the roles of police, prosecutors, judges, and juries and suggesting directions for revising how criminal justice is achieved. Throughout, scholars seek pathways for change and suggest new solutions to address the central concerns of criminal justice ethics. This book is an ideal resource for upper-undergraduate and postgraduate students taking courses in criminal justice ethics, criminology, and criminal justice theory, and also for students of philosophy interested in punishment, law and society, and law and ethics.

Politicizing the International Criminal Court

Steven C. Roach
Politicizing the International Criminal Court Book PDF

Author : Steven C. Roach
Publisher : Rowman & Littlefield Publishers
Page : 226 pages
File Size : 41,6 Mb
Release : 2006-08-24
Category : Political Science
ISBN : 9781461641001

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Politicizing the International Criminal Court by Steven C. Roach Pdf

The establishment of the International Criminal Court (ICC) in July 1998 has attracted growing interest in the evolving role of politics in international law. Steven C. Roach's innovative and systematic work on the political and ethical dimensions of the ICC is the first comprehensive attempt to situate the politics of the ICC both theoretically and practically. Linking the ICC's internal politicization with its formative development, Roach provides a unique understanding of this institution's capacity to play a constructive role in global politics. He argues that an internal form of politicization will allow the ICC to counter outside efforts to politicize it, whether this involves the political agenda of a state hegemon or the geopolitical interests of U. N. Security Council permanent members. Steering a new path between conventional approaches that stress the formal link between legitimacy and legal neutrality, and unconventional approaches that treat legitimacy and politics as inextricable elements of a repressive international legal order, Roach formulates the concept of political legalism, which calls for a self-directed and engaged application of the legal rules and principles of the ICC Statute. Politicizing the International Criminal Court is a must-read for scholars, students, and policymakers interested in the dynamics of this important international institution.

Bioethics, Medicine and the Criminal Law

Amel Alghrani,Rebecca Bennett,Suzanne Ost
Bioethics Medicine and the Criminal Law Book PDF

Author : Amel Alghrani,Rebecca Bennett,Suzanne Ost
Publisher : Unknown
Page : 308 pages
File Size : 43,6 Mb
Release : 2014-05-14
Category : Bioethics
ISBN : 1139776819

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Bioethics, Medicine and the Criminal Law by Amel Alghrani,Rebecca Bennett,Suzanne Ost Pdf

Who should define what constitutes ethical and lawful medical practice? Judges? Doctors? Scientists? Or someone else entirely? This volume analyses how effectively criminal law operates as a forum for resolving ethical conflict in the delivery of health care. It addresses key questions such as: how does criminal law regulate controversial bioethical areas? What effect, positive or negative, does the use of criminal law have when regulating bioethical conflict? And can the law accommodate moral controversy? By exploring criminal law in theory and in practice and examining the broad field of bioethics as opposed to the narrower terrain of medical ethics, it offers balanced arguments that will help readers form reasoned views on the ethical legitimacy of the invocation and use of criminal law to regulate medical and scientific practice and bioethical issues.

Understanding Legitimacy in Criminal Justice

Liqun Cao
Understanding Legitimacy in Criminal Justice Book PDF

Author : Liqun Cao
Publisher : Springer Nature
Page : 175 pages
File Size : 44,7 Mb
Release : 2022-10-17
Category : Social Science
ISBN : 9783031177316

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Understanding Legitimacy in Criminal Justice by Liqun Cao Pdf

This book updates the recent quantitative and qualitative, empirical and theoretical literature on legitimacy, focusing on how it can be measured in diversified research environments. Highlighting the different measurements and the critique surrounding them, this volume is a coherent and systematic guide to theory on legitimacy. This book is divided into three sections: Theoretical framework Legitimacy and its measures Legitimacy International Within these three parts, individual chapters are expected to provide in-depth analysis of core topics, including development, measurement, and cultural disparities, and collectively represent a comprehensive review of legitimacy in theory and in methodology in the global context. The book is ideal for researchers and graduate criminology and criminal justice students.

Bioethics, Medicine and the Criminal Law: Volume 1, The Criminal Law and Bioethical Conflict: Walking the Tightrope

Amel Alghrani,Rebecca Bennett,Suzanne Ost
Bioethics Medicine and the Criminal Law Volume 1 The Criminal Law and Bioethical Conflict Walking the Tightrope Book PDF

Author : Amel Alghrani,Rebecca Bennett,Suzanne Ost
Publisher : Cambridge University Press
Page : 307 pages
File Size : 46,9 Mb
Release : 2012-11-01
Category : Law
ISBN : 9781139789691

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Bioethics, Medicine and the Criminal Law: Volume 1, The Criminal Law and Bioethical Conflict: Walking the Tightrope by Amel Alghrani,Rebecca Bennett,Suzanne Ost Pdf

Who should define what constitutes ethical and lawful medical practice? Judges? Doctors? Scientists? Or someone else entirely? This volume analyses how effectively criminal law operates as a forum for resolving ethical conflict in the delivery of health care. It addresses key questions such as: how does criminal law regulate controversial bioethical areas? What effect, positive or negative, does the use of criminal law have when regulating bioethical conflict? And can the law accommodate moral controversy? By exploring criminal law in theory and in practice and examining the broad field of bioethics as opposed to the narrower terrain of medical ethics, it offers balanced arguments that will help readers form reasoned views on the ethical legitimacy of the invocation and use of criminal law to regulate medical and scientific practice and bioethical issues.

The Legitimacy of EU Criminal Law

Irene Wieczorek
The Legitimacy of EU Criminal Law Book PDF

Author : Irene Wieczorek
Publisher : Bloomsbury Publishing
Page : 267 pages
File Size : 47,9 Mb
Release : 2020-07-09
Category : Law
ISBN : 9781509919758

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The Legitimacy of EU Criminal Law by Irene Wieczorek Pdf

This book traces the history of the EU competence, EU policy discourse and EU legislation in the field of criminalisation from Maastricht until the present day. It asks 'Why EU Criminal Law?' looking at what rationales the Treaty, policy document and legislation put forth when deciding whether a certain behaviour should be a criminal offence. To interpret the EU approach to criminalisation, it relies on both modern and post-modern theoretical frameworks on the legitimacy of criminal law, read jointly with the theories on the functions of EU harmonisation of national law. The book demonstrates that while EU constitutional law leans towards an effectiveness-based, enforcement-driven, understanding of criminal law, the EU has in fact in more than one instance adopted symbolic EU criminal law, ie criminal law aimed at highlighting what values are important to the EU, but which is not fit to actually deter individuals from harming such values. The book then questions whether this approach is consistent or in contradiction with the values-based constitutional identity the EU has set for itself.