Author: Jesús María Silva Sánchez
Publisher:
ISBN: 9789974578630
Category : Criminal law
Languages : es
Pages : 267
Book Description
La expansión del derecho penal
Author: Jesús María Silva Sánchez
Publisher:
ISBN: 9789974578630
Category : Criminal law
Languages : es
Pages : 267
Book Description
Publisher:
ISBN: 9789974578630
Category : Criminal law
Languages : es
Pages : 267
Book Description
Crisis of the Criminal Law in the Democratic Constitutional State
Author: Eduardo Demetrio Crespo
Publisher: Springer Nature
ISBN: 3031134133
Category : Law
Languages : en
Pages : 325
Book Description
The book shares the results of project research granted by the Castilla-La Mancha government, which has been composed by philosophers of law and criminal law researchers, whose main conclusions are represented by the manifestations and trends of the current crisis of the constitutional State. The works identify these trends and manifestations in order to develop alternatives and remedies to solve the current negation process that classical liberties are involved, from the point of view of philosophy, policy, and dogmatic.
Publisher: Springer Nature
ISBN: 3031134133
Category : Law
Languages : en
Pages : 325
Book Description
The book shares the results of project research granted by the Castilla-La Mancha government, which has been composed by philosophers of law and criminal law researchers, whose main conclusions are represented by the manifestations and trends of the current crisis of the constitutional State. The works identify these trends and manifestations in order to develop alternatives and remedies to solve the current negation process that classical liberties are involved, from the point of view of philosophy, policy, and dogmatic.
The Handbook of Comparative Criminal Law
Author: Kevin Jon Heller
Publisher: Stanford University Press
ISBN: 0804777292
Category : Law
Languages : en
Pages : 669
Book Description
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.
Publisher: Stanford University Press
ISBN: 0804777292
Category : Law
Languages : en
Pages : 669
Book Description
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.
Routledge Handbook of Law and Terrorism
Author: Genevieve Lennon
Publisher: Routledge
ISBN: 113445516X
Category : Law
Languages : en
Pages : 605
Book Description
In the years since 9/11, counter-terrorism law and policy has proliferated across the world. This handbook comprehensively surveys how the law has been deployed in all aspects of counter-terrorism. It provides an authoritative and critical analysis of counter-terrorism laws in domestic jurisdictions, taking a comparative approach to a range of jurisdictions, especially the UK, the US, Australia, Canada, and Europe. The contributions to the book are written by experts in the field of terrorism law and policy, allowing for discussion of a wide range of regulatory responses and strategies of governance. The book is divided into four parts, reflective of established counter-terrorism strategic approaches, and covers key themes such as: Policing and special powers, including surveillance Criminal offences and court processes Prevention of radicalisation and manifestations of extremism Protective/preparative security The penology of terrorism In addressing counter-terrorism laws across a broad range of topics and jurisdictions, the handbook will be of great interest and use to researchers, students and practitioners in criminal law, counter-terrorism, and security studies.
Publisher: Routledge
ISBN: 113445516X
Category : Law
Languages : en
Pages : 605
Book Description
In the years since 9/11, counter-terrorism law and policy has proliferated across the world. This handbook comprehensively surveys how the law has been deployed in all aspects of counter-terrorism. It provides an authoritative and critical analysis of counter-terrorism laws in domestic jurisdictions, taking a comparative approach to a range of jurisdictions, especially the UK, the US, Australia, Canada, and Europe. The contributions to the book are written by experts in the field of terrorism law and policy, allowing for discussion of a wide range of regulatory responses and strategies of governance. The book is divided into four parts, reflective of established counter-terrorism strategic approaches, and covers key themes such as: Policing and special powers, including surveillance Criminal offences and court processes Prevention of radicalisation and manifestations of extremism Protective/preparative security The penology of terrorism In addressing counter-terrorism laws across a broad range of topics and jurisdictions, the handbook will be of great interest and use to researchers, students and practitioners in criminal law, counter-terrorism, and security studies.
Towards a Four-Tiered Model of Mediation
Author: Hugo Luz dos Santos
Publisher: Springer Nature
ISBN: 9811994293
Category : Law
Languages : en
Pages : 222
Book Description
Underpinned by a hybrid methodology (ranging from social sciences to human sciences), this book parses mediation in four perspectives, which stands as an unparalleled methodological approach so far. Mediation has long been tethered to piecemeal and haphazard approaches, which have flatly failed to capture the gist of the uniqueness of this (often) poorly latched on (and poorly understood) dispute resolution mechanism. This book argues that, in order to fully grasp the richness of such dispute resolution mechanism, mediation must be parsed in four tiers. The first tier is the social dynamics of mediation. The second tier is the cultural dynamics of mediation. The third tier is the legal dynamics of mediation. The fourth tier is the cross-border and cross-cultural dynamics of mediation. Taken together, the four tiers that premise the four-tiered model of mediation seek to unlock the finding in view of which law and social reality are tightly interlocked. In this vein, it is the underlying social reality of a given jurisdiction that should dictate the design of a pre-suit court-connected mandatory mediation with an easy opt-out, a central claim of both social dynamics of mediation (the first tier of the four-tiered model of mediation) and legal dynamics of mediation (the third tier of the four-tiered model of mediation).
Publisher: Springer Nature
ISBN: 9811994293
Category : Law
Languages : en
Pages : 222
Book Description
Underpinned by a hybrid methodology (ranging from social sciences to human sciences), this book parses mediation in four perspectives, which stands as an unparalleled methodological approach so far. Mediation has long been tethered to piecemeal and haphazard approaches, which have flatly failed to capture the gist of the uniqueness of this (often) poorly latched on (and poorly understood) dispute resolution mechanism. This book argues that, in order to fully grasp the richness of such dispute resolution mechanism, mediation must be parsed in four tiers. The first tier is the social dynamics of mediation. The second tier is the cultural dynamics of mediation. The third tier is the legal dynamics of mediation. The fourth tier is the cross-border and cross-cultural dynamics of mediation. Taken together, the four tiers that premise the four-tiered model of mediation seek to unlock the finding in view of which law and social reality are tightly interlocked. In this vein, it is the underlying social reality of a given jurisdiction that should dictate the design of a pre-suit court-connected mandatory mediation with an easy opt-out, a central claim of both social dynamics of mediation (the first tier of the four-tiered model of mediation) and legal dynamics of mediation (the third tier of the four-tiered model of mediation).
Criminal law between war and peace
Author: Stefano Manacorda
Publisher: Ministerio de Justicia
ISBN: 9788484276876
Category : Law
Languages : en
Pages : 820
Book Description
If subjecting war to law is one of the most important legal achievements of the 20th century, progressing further in that direction is one of the most important challenges for the 21st century. The problems it poses are many: the term “war” has formally fallen into disuse and we talk about “peacekeeping”; armies are today the product of cooperation between states and international organizations; private contractors increasingly participate in warlike activities, as the case of the Iraq war demonstrates; and the lines between war and very serious forms of crime (terrorism, organized crime) are increasingly blurred. This volume compiles the contributions presented at XVth International Congress on Social Defence, and tackle the criminal-legal issues raised by these new scenarios. It constitutes an innovative volume, gathering together the work of both academic and military authors, who have drawn on their theoretical and practical experience.
Publisher: Ministerio de Justicia
ISBN: 9788484276876
Category : Law
Languages : en
Pages : 820
Book Description
If subjecting war to law is one of the most important legal achievements of the 20th century, progressing further in that direction is one of the most important challenges for the 21st century. The problems it poses are many: the term “war” has formally fallen into disuse and we talk about “peacekeeping”; armies are today the product of cooperation between states and international organizations; private contractors increasingly participate in warlike activities, as the case of the Iraq war demonstrates; and the lines between war and very serious forms of crime (terrorism, organized crime) are increasingly blurred. This volume compiles the contributions presented at XVth International Congress on Social Defence, and tackle the criminal-legal issues raised by these new scenarios. It constitutes an innovative volume, gathering together the work of both academic and military authors, who have drawn on their theoretical and practical experience.
Memory and Punishment
Author: Emanuela Fronza
Publisher: Springer
ISBN: 9462652341
Category : Law
Languages : en
Pages : 246
Book Description
This book examines the criminalisation of denials of genocide and of other mass atrocities in Europe and discusses the implications of protecting institutional historical memory through criminal law. The analysis highlights the tensions with free speech, investigating the relationship between criminal law and historical memory. The book paves the way for a broader discussion about fake news, ‘post-truth’ scenarios, and free expression in a digital world. The author underscores the need to protect well-founded factual records from the dangers of misinformation. Historical denialism and the related jurisprudence represent a key step in exploring this complex field. The book combines an interdisciplinary approach with criminal law methodology. It is primarily aimed at academics, practitioners and others who wish to deepen their understanding of historical denialism, remembrance laws, ‘speech crimes’ and freedom of expression. Emanuela Fronza is Senior Research Fellow in Criminal Law and Lecturer in International and European Criminal Law at the School of Law, University of Bologna. She is a Principal Investigator within the EU research consortium Memory Laws in European and Comparative Perspectives funded by HERA (Humanities in the European Research Area).
Publisher: Springer
ISBN: 9462652341
Category : Law
Languages : en
Pages : 246
Book Description
This book examines the criminalisation of denials of genocide and of other mass atrocities in Europe and discusses the implications of protecting institutional historical memory through criminal law. The analysis highlights the tensions with free speech, investigating the relationship between criminal law and historical memory. The book paves the way for a broader discussion about fake news, ‘post-truth’ scenarios, and free expression in a digital world. The author underscores the need to protect well-founded factual records from the dangers of misinformation. Historical denialism and the related jurisprudence represent a key step in exploring this complex field. The book combines an interdisciplinary approach with criminal law methodology. It is primarily aimed at academics, practitioners and others who wish to deepen their understanding of historical denialism, remembrance laws, ‘speech crimes’ and freedom of expression. Emanuela Fronza is Senior Research Fellow in Criminal Law and Lecturer in International and European Criminal Law at the School of Law, University of Bologna. She is a Principal Investigator within the EU research consortium Memory Laws in European and Comparative Perspectives funded by HERA (Humanities in the European Research Area).
Contornos y pliegues del derecho
Author:
Publisher: Anthropos Editorial
ISBN: 9788476587751
Category : Law
Languages : es
Pages : 528
Book Description
CONTENIDO: Filosofía del derecho y antropología jurídica - Sociología del control penal y problemas sociales - El sistema penal: historia, política (s) y controversias - Recuerdos y reflexiones en voz alta.
Publisher: Anthropos Editorial
ISBN: 9788476587751
Category : Law
Languages : es
Pages : 528
Book Description
CONTENIDO: Filosofía del derecho y antropología jurídica - Sociología del control penal y problemas sociales - El sistema penal: historia, política (s) y controversias - Recuerdos y reflexiones en voz alta.
Spatial and Temporal Dimensions for Legal History
Author: Massimo Meccarelli
Publisher: Max Planck Institute for European Legal History
ISBN: 3944773055
Category : Law
Languages : en
Pages : 304
Book Description
http://dx.doi.org/10.12946/gplh6http://www.epubli.de/shop/buch/53894"The spatiotemporal conjunction is a fundamental aspect of the juridical reflection on the historicity of law. Despite the fact that it seems to represent an issue directly connected with the question of where legal history is heading today, it still has not been the object of a focused inquiry. Against this background, the book’s proposal consists in rethinking key confluences related to this problem in order to provide coordinates for a collective understanding and dialogue. The aim of this volume, however, is not to offer abstract methodological considerations, but rather to rely both on concrete studies, out of which a reflection on this conjunction emerges, as well as on the reconstruction of certain research lines featuring a spatiotemporal component. This analytical approach makes a contribution by providing some suggestions for the employment of space and time as coordinates for legal history. Indeed, contrary to those historiographical attitudes reflecting a monistic conception of space and time (as well as a Eurocentric approach), the book emphasises the need for a delocalized global perspective. In general terms, the essays collected in this book intend to take into account the multiplicity of the spatiotemporal confines, the flexibility of those instruments that serve to create chronologies and scenarios, as well as certain processes of adaptation of law to different times and into different spaces. The spatiotemporal dynamism enables historians not only to detect new perspectives and dimensions in foregone themes, but also to achieve new and compelling interpretations of legal history. As far as the relationship between space and law is concerned, the book analyses experiences in which space operates as a determining factor of law, e.g. in terms of a field of action for law. Moreover, it outlines the attempted scales of spatiality in order to develop legal historical research. With reference to the connection between time and law, the volume sketches the possibility of considering the factor of time, not just as a descriptive tool, but as an ascriptive moment (quasi an inner feature) of a legal problem, thus making it possible to appreciate the synchronic aspects of the ‘juridical experience’. As a whole, the volume aims to present spatiotemporality as a challenge for legal history. Indeed, reassessing the value of the spatiotemporal coordinates for legal history implies thinking through both the thematic and methodological boundaries of the discipline."
Publisher: Max Planck Institute for European Legal History
ISBN: 3944773055
Category : Law
Languages : en
Pages : 304
Book Description
http://dx.doi.org/10.12946/gplh6http://www.epubli.de/shop/buch/53894"The spatiotemporal conjunction is a fundamental aspect of the juridical reflection on the historicity of law. Despite the fact that it seems to represent an issue directly connected with the question of where legal history is heading today, it still has not been the object of a focused inquiry. Against this background, the book’s proposal consists in rethinking key confluences related to this problem in order to provide coordinates for a collective understanding and dialogue. The aim of this volume, however, is not to offer abstract methodological considerations, but rather to rely both on concrete studies, out of which a reflection on this conjunction emerges, as well as on the reconstruction of certain research lines featuring a spatiotemporal component. This analytical approach makes a contribution by providing some suggestions for the employment of space and time as coordinates for legal history. Indeed, contrary to those historiographical attitudes reflecting a monistic conception of space and time (as well as a Eurocentric approach), the book emphasises the need for a delocalized global perspective. In general terms, the essays collected in this book intend to take into account the multiplicity of the spatiotemporal confines, the flexibility of those instruments that serve to create chronologies and scenarios, as well as certain processes of adaptation of law to different times and into different spaces. The spatiotemporal dynamism enables historians not only to detect new perspectives and dimensions in foregone themes, but also to achieve new and compelling interpretations of legal history. As far as the relationship between space and law is concerned, the book analyses experiences in which space operates as a determining factor of law, e.g. in terms of a field of action for law. Moreover, it outlines the attempted scales of spatiality in order to develop legal historical research. With reference to the connection between time and law, the volume sketches the possibility of considering the factor of time, not just as a descriptive tool, but as an ascriptive moment (quasi an inner feature) of a legal problem, thus making it possible to appreciate the synchronic aspects of the ‘juridical experience’. As a whole, the volume aims to present spatiotemporality as a challenge for legal history. Indeed, reassessing the value of the spatiotemporal coordinates for legal history implies thinking through both the thematic and methodological boundaries of the discipline."
Multilevel Protection of the Principle of Legality in Criminal Law
Author: Mercedes Pérez Manzano
Publisher: Springer
ISBN: 3319638653
Category : Law
Languages : en
Pages : 237
Book Description
This book examines the simultaneous protection of fundamental rights by various norms and jurisdictional organs, focussing on the multilevel protection of the principle of legality in Criminal Law.Written by accredited specialists in criminal law, constitutional law, international public law, and the philosophy of law, the majority of them ex-Counsels of the Spanish Constitutional Court, it addresses various manifestations of the principle of legality: the requirement of precision, the judicial subjection to law and the prohibition of bis in idem. It does so not only from a theoretical perspective, but also through a comparative study of the jurisdiction of the European Court of Human Rights, the Inter-American Court of Human Rights, the Court of Justice of the European Union and state constitutional courts. This practical approach characterizes the book, which culminates in a detailed analysis of the relevant ECtHR Judgement Del Río Prada v. Spain on the retroactivity of unfavourable jurisprudence."Multilevel protection of the principle of legality in Criminal Law" is a useful instrument of reflection for scholars of both the principle of criminal legality and the problems that arise from the concurrency of protective jurisdictions of human rights.
Publisher: Springer
ISBN: 3319638653
Category : Law
Languages : en
Pages : 237
Book Description
This book examines the simultaneous protection of fundamental rights by various norms and jurisdictional organs, focussing on the multilevel protection of the principle of legality in Criminal Law.Written by accredited specialists in criminal law, constitutional law, international public law, and the philosophy of law, the majority of them ex-Counsels of the Spanish Constitutional Court, it addresses various manifestations of the principle of legality: the requirement of precision, the judicial subjection to law and the prohibition of bis in idem. It does so not only from a theoretical perspective, but also through a comparative study of the jurisdiction of the European Court of Human Rights, the Inter-American Court of Human Rights, the Court of Justice of the European Union and state constitutional courts. This practical approach characterizes the book, which culminates in a detailed analysis of the relevant ECtHR Judgement Del Río Prada v. Spain on the retroactivity of unfavourable jurisprudence."Multilevel protection of the principle of legality in Criminal Law" is a useful instrument of reflection for scholars of both the principle of criminal legality and the problems that arise from the concurrency of protective jurisdictions of human rights.