The Western Codification of Criminal Law

The Western Codification of Criminal Law
Author: Aniceto Masferrer
Publisher: Springer
Total Pages: 427
Release: 2018-03-09
Genre: Law
ISBN: 3319719122

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.

Introduction to Belgian Law

Introduction to Belgian Law
Author: Marc Kruithof
Publisher: Kluwer Law International B.V.
Total Pages: 612
Release: 2017-01-15
Genre: Law
ISBN: 9041187286

This introduction, now in its second completely revised and upgraded edition, is the ideal overview of Belgian law for foreign lawyers. It identifies the basic legal sources, institutions and concepts of Belgian law. It offers an up to date, state of the art systematic and critical rendition of the principal branches of the law as practised, and it provides the necessary historical background and theoretical framing. The book consists of sixteen chapters, covering all major fields of Belgian law including constitutional and administrative law, procedural law, criminal law, family law and trusts and estates, property, contracts and torts, commercial transactions and company law, labour and social security law, tax law and conflicts of laws, and offering in depth studies of the general features of the Belgian legal system and legal culture. Every contribution is written by a generally recognized expert in this particular field of law. The authors cover the legislation at the different levels, guiding the reader through the multi-layered governance in the complicated federal structure of Belgium within the European Union, and pay ample attention to the reality of legal practice in court cases. Each chapter concludes with a very useful bibliography of works in both official languages (French and Dutch). Where available, basic works in English are listed. The book is written for a diversified, primarily non-Belgian readership including practising lawyers, business people, government officials, academic researchers and students interested in a reliable overview of Belgian law and institutions as a starting point for their research or inquiries. Marc Kruithof is a law professor at Ghent University. He holds a PhD in Law, as well as Licentiates in Law and in Economics, from Ghent University, and a Master of Laws from Yale Law School. Walter De Bondt is an emeritus professor at Ghent University and at the Vrije Universiteit Brussel (VUB). He holds a PhD in Law as well as a Licentiate in Law from Ghent University, and a Master of Laws from UC Berkeley.

Criminal Liability of Corporations = LA Criminalisation Du Comportement Collectif

Criminal Liability of Corporations = LA Criminalisation Du Comportement Collectif
Author: Hans De Doelder
Publisher: Martinus Nijhoff Publishers
Total Pages: 428
Release: 1996
Genre: Law
ISBN: 9789041101655

This volume contains fourteen national reports and the general report on the subject of "Criminal Liability of Corporations," written for the XIVth Congress of the International Academy of Comparative Law which was held in 1994 in Athens, Greece. The issue of criminal liability of corporations is being discussed worldwide, as is apparent in the many changes which are taking place in both criminal law and administrative law in several countries. The national reports give an overview of the various trends in criminal policy when addressing the topic of liability of corporations and the general report sets out a common thread in this field.

Six Centuries of Criminal Law

Six Centuries of Criminal Law
Author: Jos Monballyu
Publisher: Martinus Nijhoff Publishers
Total Pages: 474
Release: 2014-06-19
Genre: Law
ISBN: 9004273980

The first overview of the history of criminal law in the area that is currently within the territory of Belgium. Jos Monballyu treats both the sources of criminal law, the different judicial bodies that dealt with criminal issues, the general characteristics of the offences, the manifestations of the offences, the different punishments and their functions, the administration of criminal justice and, finally, some offences and their punishments in particular, namely suicide, witchcraft and press offences. All of these subjects are treated in such a manner that they can immediately be compared with the contents of similar standard works concerning the history of criminal justice in other countries.

The Criminal Process and Human Rights

The Criminal Process and Human Rights
Author: Mark A. Summers
Publisher: BRILL
Total Pages: 221
Release: 2023-11-27
Genre: Law
ISBN: 9004632441

The title of this work illustrates the two difficulties which the chosen theme poses, difficulties which arise from the confrontation between collective and individual interests. On the one hand, the criminal process is based on the protection of society; on the other hand, human rights implies respect for all individuals implicated in that process, be they victim, witness or accused. A third difficulty arises in relation to the new influence of European law. While the right to judge has long appeared to be the most obvious indication of national sovereignty, it is now subject to supranational control and a State can be censured by the European Court of Human Rights. Part One of this volume analyses the period of reform in various Eastern and Western European countries; Part Two explores the debate among jurists, historians, sociologists and philosophers on the subject of the criminal trial in a democratic society. Finally, Part Three reflects on the issue within the context of the European Community and the European Council and explores the question of a future model for the European criminal trial. Professor Mireille Delmas-Marty teaches at l'Université de Paris I - Panthéon Sorbonne and is a member of l'Institut Universitaire de France. She is the editor of The European Convention for the Protection of Human Rights, International Protection versus National Restrictions (Martinus Nijhoff Publishers, 1992.)