The Western Codification Of Criminal Law

Author : Aniceto Masferrer
Publisher : Springer
Page : 427 pages
File Size : 43,5 Mb
Release : 2018-03-09
Category : Law
ISBN : 9783319719122

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The Western Codification of Criminal Law by Aniceto Masferrer Pdf

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 : Barry Wright
Publisher : Routledge
Page : 396 pages
File Size : 46,5 Mb
Release : 2016-05-23
Category : Law
ISBN : 9781317164869

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Codification, Macaulay and the Indian Penal Code by Barry Wright Pdf

Enacted in 1860, the Indian Penal Code is the longest serving and one of the most influential criminal codes in the common law world. This book commemorates its one hundred and fiftieth anniversary and honours the law reform legacy of Thomas Macaulay, the principal drafter of the Code. The book comprises chapters which examine the general principles of criminal responsibility from the perspective of Macaulay, and from more recent accounts by lawmakers and reformers. These are framed by chapters that examine the history and conceptual underpinnings of Macaulay's Code, consider the need to revitalize the Indian Penal Code, and review the current challenges of principled criminal law reform and codification. This book is a valuable reference on the Indian Penal Code, and current debates about general principles of criminal law for legal academics, judges, legal practitioners and criminal law reformers. It also promises to have wider scholarly appeal, of interest to legal theorists, historians and policy specialists.

Author : Desmond Haldane Brown,Osgoode Society
Publisher : Published for the Osgoode Society by University of Toronto Press
Page : 280 pages
File Size : 42,6 Mb
Release : 1989
Category : Law
ISBN : UOM:39015015499257

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The Genesis of the Canadian Criminal Code of 1892 by Desmond Haldane Brown,Osgoode Society Pdf

Author : Jan J M Van Dijk,Ch Haffmans,F Rüter,J Schutte,S Stolwijk
Publisher : Martinus Nijhoff Publishers
Page : 448 pages
File Size : 52,5 Mb
Release : 2023-09-20
Category : Law
ISBN : 9789004641754

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Criminal Law in Action by Jan J M Van Dijk,Ch Haffmans,F Rüter,J Schutte,S Stolwijk Pdf

Author : Wayne R. LaFave
Publisher : Unknown
Page : 682 pages
File Size : 43,6 Mb
Release : 2003
Category : Criminal law
ISBN : STANFORD:36105063592906

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Substantive Criminal Law: Sections 1.1 to 8.4 by Wayne R. LaFave Pdf

Author : Anonim
Publisher : Unknown
Page : 135 pages
File Size : 50,5 Mb
Release : 1927
Category : Electronic
ISBN : OCLC:676497534

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進化、革命、及び無政府主義の理想 by Anonim Pdf

Author : O. Lee,T.A. Robertson
Publisher : Springer Science & Business Media
Page : 283 pages
File Size : 47,5 Mb
Release : 2012-12-06
Category : Law
ISBN : 9789401024389

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“Moral Order” and The Criminal Law by O. Lee,T.A. Robertson Pdf

XIV Seen as a whole, however, I regard the work before us to be especially noteworthy precisely because of its illumination of both the social contexts surrounding the law and the ideas which underlie the efforts towards criminal law reform. An analysis of this kind has not appeared until now, to my knowledge, even in the German literature on the subject, so that this book is of great value to ·the German reader as well as the American. B. Particulars In Chapter IV: A the authors give a general introduction into the development of the German criminal law reform. In that connection they recognize the special role of the Christian Democratic (CDU), Socialist (SPD) coalition in the political situation [leading to passage of the reform law]. The authors emphasize the importance of the introduction of a uniform prison sentence [that is to say ·the termination of the distinction between kinds of prison sentences] and the elimination of short term prison sentences, as the main points of the reform in the "general part" of the code. They remark (pages 170; 192) that a uniform concept of the goal of punishment is still lacking, although, when all is said, there is a general agreement on the principle of resocialization.

Author : Canada
Publisher : Thomson Carswell
Page : 1460 pages
File Size : 46,8 Mb
Release : 1989
Category : Law
ISBN : UCAL:B4899390

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The Annotated 1990 Tremeear's Criminal Code by Canada Pdf

Author : Kelley Burton,Wayne Thomas Crofts,Stella Tarrant
Publisher : Unknown
Page : 528 pages
File Size : 44,8 Mb
Release : 2015
Category : Criminal law
ISBN : 0455236976

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Principles of Criminal Law in Queensland and Western Australia by Kelley Burton,Wayne Thomas Crofts,Stella Tarrant Pdf

A student-focused, approachable textbook designed as a complete course companion for all stages and levels of study. The inclusion of summaries, revision questions and problem questions make it highly useful for students approaching subject for the first time students preparing for exams.

Author : West Group Publishing
Publisher : West Group Publishing
Page : 1330 pages
File Size : 55,8 Mb
Release : 2001-12-01
Category : Appellate procedure
ISBN : 0314255613

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Federal Criminal Code & Rules by West Group Publishing Pdf

Author : Imran Ahsan Khan Nyazee
Publisher : Lulu.com
Page : 186 pages
File Size : 49,6 Mb
Release : 2010
Category : Electronic
ISBN : 9780557542055

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General Principles of Criminal Law by Imran Ahsan Khan Nyazee Pdf

Author : Michael Bohlander,Daley Birkett
Publisher : Routledge
Page : 0 pages
File Size : 48,6 Mb
Release : 2014
Category : Criminal law
ISBN : 1409454665

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The Codification of Criminal Law by Michael Bohlander,Daley Birkett Pdf

This volume contributes to the codification debate by bringing together research articles which compare and contrast the experience of countries which have a criminal code with those operating a case law system. Whereas wholesale codification is a much more accepted phenomenon in the continental law traditions, simplistic transplants from one legal tradition can result in systemic frictions and other anomalies which may offend domestic culture. This collection is an invaluable reference tool which supports the discussion over codification and promotes better understanding across the common law/civil law divide.

Author : Aniceto Masferrer
Publisher : Springer Nature
Page : 361 pages
File Size : 55,6 Mb
Release : 2021-02-09
Category : Law
ISBN : 9783030641634

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Criminal Law and Morality in the Age of Consent by Aniceto Masferrer Pdf

This book discusses the relation between morality and politics, and morality and law, a field that has been studied for more than two thousand years The law is a part of human culture, and this touches upon a dynamic reality that is connected to the relation between nature and freedom, nature and culture. If such relations are not clearly understood, as is the case today, the relation between morality and law cannot be properly comprehended either. The relationship between morality and criminal law must constantly evolve to meet the needs of changing times and circumstances. Social changes and new situations require new answers. And since the relationship involves criminal law, legal philosophy and legal history, interdisciplinary approaches are always needed. Featuring fifteen original contributions by legal scholars from various European and American universities, the book does not pretend to solve the complexity of the relation between morality and criminal law, but instead expresses criticism, offers some proposals and stimulates further thought. The book tackles the topic from an interdisciplinary perspective (criminal law, constitutional law, legal philosophy and legal history, among others). As such, it appeals not only to scholars and students, but also to lawyers, policymakers, historians, theologians, philosophers and general readers who are interested in the legal, social, political and philosophical issues of our time.

Author : Markus D. Dubber
Publisher : Oxford University Press
Page : 320 pages
File Size : 50,7 Mb
Release : 2018-08-23
Category : Law
ISBN : 9780191061776

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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.

Author : Wayne R. LaFave
Publisher : Unknown
Page : 732 pages
File Size : 45,6 Mb
Release : 2003
Category : Criminal law
ISBN : IND:30000086555806

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Substantive Criminal Law: Sections 9.1 to 17.5 by Wayne R. LaFave Pdf