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.

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.

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: 1108488188

The history of international criminal justice told through the revealing stories of some of its primary intellectual figures.

The Rule of Law in Comparative Perspective

The Rule of Law in Comparative Perspective
Author: Mortimer Sellers
Publisher: Springer Science & Business Media
Total Pages: 257
Release: 2010-07-23
Genre: Law
ISBN: 9048137497

This volume compares the different conceptions of the rule of law that have developed in different legal cultures. It describes the social purposes and practical applications of the rule of law and how it might be improved in the varied circumstances.

A History of Colombian Economic Thought

A History of Colombian Economic Thought
Author: Andrés Álvarez
Publisher: Taylor & Francis
Total Pages: 294
Release: 2023-09-08
Genre: Business & Economics
ISBN: 1000957357

Ever since the quest for independence between 1810 and 1819, economic thought in Colombia has been shaped by policy debates and characterized by a pragmatic and eclectic approach. Economic thought in Colombia can only be revealed through the exploration of economists’ practices and the role of economic arguments within broader public debate. This history of Colombian economic thought provides a detailed account of major issues that have marked the constant feedback between economic ideas and economic practice in Colombia during the 19th and 20th centuries. This volume is thus a history of the interaction between ideas and policy. Those involved in these debates – politicians, public officials, journalists, and, latterly, professional economists – established direct contact with what can be identified as the centers of production of economic theory (both in Europe and the US) and entered regional and local networks in economics, but were not just importers of ideas or theories. The way in which they read, discussed, transformed and applied economic theories in Colombia makes for a rich environment for the production and implementation of economic policies that drew, diverged and transformed the way economics was understood and used as a source of knowledge for practical concerns. This is why the history of Colombian economic thought does not fit into traditional typologies of economic schools and why it must be understood as part of a political debate and within a political, social and cultural context that demanded specific solutions to urgent social demands. Through the study of what was taught, when and how, at the beginnings of the republican era, and why and how professional economists came to lead public debate and economic policy making in the 20th century, this book explores the foundations of this permanent interaction between theory and practice. This book will be of significant interest to readers of history of economic thought, economic history and the history of Colombian and Latin American economic, political and social life more broadly.

The Limits of Criminological Positivism

The Limits of Criminological Positivism
Author: Michele Pifferi
Publisher: Routledge
Total Pages: 302
Release: 2021-10-30
Genre: History
ISBN: 1000476294

The Limits of Criminological Positivism: The Movement for Criminal Law Reform in the West, 1870-1940 presents the first major study of the limits of criminological positivism in the West and establishes the subject as a field of interest. The volume will explore those limits and bring to life the resulting doctrinal, procedural, and institutional compromises of the early twentieth century that might be said to have defined modern criminal justice administration. The book examines the topic not only in North America and western Europe, with essays on Italy, Germany, France, Spain, the United Kingdom, Belgium, and Finland but also the reception and implementation of positivist ideas in Brazil. In doing so, it explores three comparative elements: (1) the differing national experiences within the civil law world; (2) differences and similarities between civil law and common law regimes; and (3) some differences between the two leading common-law countries. It interrogates many key aspects of current penal systems, such as the impact of extra-legal scientific knowledge on criminal law, preventive detention, the ‘dual-track’ system with both traditional punishment and novel measures of security, the assessment of offenders’ dangerousness, juvenile justice, and the indeterminate sentence. As a result, this study contributes to a critical understanding of some inherent contradictions characterizing criminal justice in contemporary western societies. Written in a straight-forward and direct manner, this volume will be of great interest to academics and students researching historical criminology, philosophy, political science, and legal history.