Theory of International Law at the Threshold of the 21st Century

Theory of International Law at the Threshold of the 21st Century
Author: Makarczyk
Publisher: Martinus Nijhoff Publishers
Total Pages: 1010
Release: 2023-09-14
Genre: Law
ISBN: 9004639713

Theory of International Law at the Threshold of the 21st Century is a remarkable book, and is destined to become a standard work, without which no International Law library will be complete. The essays contained in this volume are written by the foremost experts, and the topics have been chosen with the greatest care, to reflect the most pressing current problems facing the world community. The research and writing made available in this collection will be of enduring worth, and will be studied and quoted for decades to come. It follows in the finest traditions of the major collective works published by Martinus Nijhoff/Kluwer Law International. It is most appropriate that a remarkable book should be dedicated to a remarkable man, and the editor of the volume Professor Jerzy Makarczyk has ensured that the choice of writers, the choice of topics and the quality of the material do indeed honour one of the leading international lawyers of his generation: Professor Krzysztof Skubiszewski.

The Dawn of a Discipline

The Dawn of a Discipline
Author: Frédéric Mégret
Publisher: Cambridge University Press
Total Pages: 443
Release: 2020-09-24
Genre: Law
ISBN: 1108857531

The history of international criminal justice is often recounted as a series of institutional innovations. But international criminal justice is also the product of intellectual developments made in its infancy. This book examines the contributions of a dozen key figures in the early phase of international criminal justice, focusing principally on the inter-war years up to Nuremberg. Where did these figures come from, what did they have in common, and what is left of their legacy? What did they leave out? How was international criminal justice framed by the concerns of their epoch and what intuitions have passed the test of time? What does it mean to reimagine international criminal justice as emanating from individual intellectual narratives? In interrogating this past in all its complexity one does not only do justice to it; one can recover a sense of the manifold trajectories that international criminal justice could have taken.

Money and the Governance of Punishment

Money and the Governance of Punishment
Author: Patricia Cabana
Publisher: Routledge
Total Pages: 241
Release: 2017-06-26
Genre: Social Science
ISBN: 113487264X

Money is the most frequently means used in the legal system to punish and regulate. Monetary penalties outnumber all other sanctions delivered by criminal justice in many jurisdictions, imprisonment included. More people pay fines than go to prison and in some jurisdictions many of those in prison are there because of failure to pay their fines. Therefore, it is surprising how little has been written in the Anglophone academic world about the nature of money sanctions and their specific characteristics as legal sanctions. In many ways, legal innovations related to money sanctions have been poorly understood. This book argues that they are a direct consequence of the changing meaning of money. Considering the ‘meaninglessness’ of modern money, the book aims to examine the history of changing conceptions in how fines have been conceived and used. Using a set of interpretative techniques sensitive to how money and freedom are perceived, the genealogy of the penal fine is presented as a story of constant reformulation in response to shifting political pressures and changes in intellectual developments that influenced ideological commitments of legislators and practitioners. This book is multi-disciplinary and will appeal to those engaged with criminology, sociology and philosophy of punishment, socio-legal studies, and criminal law.

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Publisher: Kotobarabia.com
Total Pages: 248
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The Handbook of Comparative Criminal Law

The Handbook of Comparative Criminal Law
Author: Kevin Jon Heller
Publisher: Stanford University Press
Total Pages: 669
Release: 2010-12-01
Genre: Law
ISBN: 0804777292

This handbook explores criminal law systems from around the world, with the express aim of stimulating comparison and discussion. General principles of criminal liability receive prominent coverage in each essay—including discussions of rationales for punishment, the role and design of criminal codes, the general structure of criminal liability, accounts of mens rea, and the rights that criminal law is designed to protect—before the authors turn to more specific offenses like homicide, theft, sexual offenses, victimless crimes, and terrorism. This key reference covers all of the world's major legal systems—common, civil, Asian, and Islamic law traditions—with essays on sixteen countries on six different continents. The introduction places each country within traditional distinctions among legal systems and explores noteworthy similarities and differences among the countries covered, providing an ideal entry into the fascinating range of criminal law systems in use the world over.

Corporate Criminal Liability

Corporate Criminal Liability
Author: Mark Pieth
Publisher: Springer Science & Business Media
Total Pages: 401
Release: 2011-04-20
Genre: Law
ISBN: 940070674X

With industrialization and globalization, corporations acquired the capacity to influence social life for good or for ill. Yet, corporations are not traditional objects of criminal law. Justified by notions of personal moral guilt, criminal norms have been judged inapplicable to fictional persons, who ‘think’ and ‘act’ through human beings. The expansion of new corporate criminal liability (CCL) laws since the mid-1990s challenges this assumption. Our volume surveys current practice on CCL in 15 civil and common law jurisdictions, exploring the legal conditions for liability, the principles and options for sanctioning, and the procedures for investigating, charging and trying corporate offenders. It considers whether municipal CCL laws are converging around the notion of ‘corporate culture’, and, in any case, the implications of CCL for those charged with keeping corporations, and other legal entities, out of trouble.

The Legitimacy of EU Criminal Law

The Legitimacy of EU Criminal Law
Author: Irene Wieczorek
Publisher: Bloomsbury Publishing
Total Pages: 271
Release: 2020-07-09
Genre: Law
ISBN: 1509919767

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.

The Needed Balances in EU Criminal Law

The Needed Balances in EU Criminal Law
Author: Chloé Brière
Publisher: Bloomsbury Publishing
Total Pages: 467
Release: 2017-12-28
Genre: Law
ISBN: 1509917012

This important volume provides an up-to-date overview of the main questions currently discussed in the field of EU criminal law. It makes a stimulating addition to literature in the field, while offering its own distinctive features. It takes a four-part approach: firstly, it addresses issues of a constitutional nature, such as the EU competence in the field of criminal law, the importance of the principle of subsidiarity and the role played by the different EU institutions. Secondly, it looks at issues linked to the quest of the right balance between diversity and unity, and focuses in particular on the special relationship between approximation and mutual recognition. Thirdly, it focuses on the balance between security and freedom, or, in other words, between the shield and sword functions of EU criminal law. Special attention is given here to transatlantic cooperation, data protection, terrorism, the European Arrest Warrant and the European Investigation Order. Finally, it examines the importance of balanced relations between criminal justice actors.