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A Modern Treatise On The Principle Of Legality In Criminal Law

Author: Gabriel Hallevy
Publisher: Springer Science & Business Media
ISBN: 9783642137143
Size: 74.13 MB
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This book is a scientific treatise on the principle of legality in criminal law. It explores the relation between the principle of legality and the general theory of criminal law and contains definite rules emphasized for practitioners as well as academia.

The Right To Be Punished

Author: Gabriel Hallevy
Publisher: Springer Science & Business Media
ISBN: 3642323871
Size: 54.92 MB
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Does an offender have the right to be punished? "The right to be punished" may sound like an oxymoron, but it is not necessarily so. With the emergence of modern criminal law, the offender gained the right to be punished by rational criminal law rather than being lynched by an angry mob. The present-day offender may have the right to be punished by doctrinal sentencing rather than being subjected to verdicts based on vague, unclear, and uncertain principles. In modern criminal law, the imposition of criminal liability follows accurate and strict rules, whereas there are no similar rules for the imposition of punishment. The process of sentencing is vague and obscure, as are the considerations used for the imposition of punishments. The objective of the present book is to propose a comprehensive, general, and legally sophisticated theory of modern doctrinal sentencing. The challenges of such a legal theory are plenty and complex. In addition to increasing clarity and certainty, modern doctrinal sentencing must deal with modern types of delinquency (e.g. organized crime, recidivism, corporate offenders, high-tech offenses, etc.) and modern principles of criminal law. Modern doctrinal sentencing must serve to ensure optimal sentencing.

Introduction To International Criminal Law

Author: M. Cherif Bassiouni
Publisher: Martinus Nijhoff Publishers
ISBN: 9004186441
Size: 76.90 MB
Format: PDF
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This title covers the history, nature, and sources of international criminal law; the ratione personae; ratione materiae - sources of substantive international criminal law; the indirect enforcement system; the direct enforcement system; and much more.

An Introduction To Transnational Criminal Law

Author: Neil Boister
Publisher: Oxford University Press
ISBN: 0198795998
Size: 76.20 MB
Format: PDF, Mobi
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National borders are permeable to all types of illicit action and contraband goods, whether it is trafficking humans, body parts, digital information, drugs, weapons, or money. Whilst criminals exist in a borderless world where territorial boundaries allow them to manipulate different markets in illicit goods, the authorities who pursue them can remain constrained inside their own jurisdictions. In a new edition of his ground-breaking work, Boister examines how states must cooperate to tackle some of the greatest security threats in this century so far, analyses to what extent vested interests have determined the course of global policy and law enforcement, and illustrates how responding to transnational crime itself becomes a form of international relations which reorders global political power and becomes, at least in part, an end in itself. Arguing that transnational criminal law is currently geared towards suppressing criminal activity, but is not as committed to ensuring justice, Boister suggests that it might be more strongly influenced by individual moral panics and a desire for criminal retribution than an interest in ensuring a proportional response to offences, protection of human rights, and the preservation of the rule of law.

General Principles Of Criminal Law

Author: Jerome Hall
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584774983
Size: 43.76 MB
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Hall, Jerome. General Principles of Criminal Law. Second Edition. Indianapolis: The Bobbs Merrill Company, [1960]. xii, 642 pp. Reprint available January, 2005 by the Lawbook Exchange, Ltd. ISBN 1-58477-498-3. Cloth. $125. * The standard one-volume treatise based on classic legal-realist principles. As its title suggests, Hall provides more than a thorough overview of the subject; he analyzes the principles that comprise its foundations with an emphasis on their creation and definition by officials. This process is explored in its chapters on legality, mens rea, harm, causation, punishment, strict liability, ignorance and mistake, necessity and coercion, mental disease, intoxication and criminal attempt, as well as its general chapters on criminology, criminal theory and penal theory. Acclaimed when its first edition appeared in 1947, it has been cited regularly ever since.

Making The Modern Criminal Law

Author: Lindsay Farmer
Publisher: Oxford University Press
ISBN: 0199568642
Size: 59.45 MB
Format: PDF, Kindle
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The Criminalization series arose from an interdisciplinary investigation into criminalization, focussing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory ofcriminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications ofoffences?This, the fifth book in the series, offers a historical and conceptual account of the development of the modern criminal law in England and as it has spread to common law jurisdictions around the world. The book offers a historical perspective on the development of theories of criminalization. Itshows how the emergence of theories of criminalization is inextricably linked to modern understandings of the criminal law as a conceptually distinct body of rules, and how this in turn has been shaped by the changing functions of criminal law as an instrument of government in the modern state.The book is structured in two main parts. The first traces the development of the modern law as a distinct, and conceptually distinct body of rules, looking in particular at ideas of jurisdiction, codification and responsibility. The second part then engages in detailed analysis of specific areas ofcriminal law, focusing on patterns of criminalization in relation to property, the person, and sexual conduct.

Principles Of International Criminal Law

Author: Gerhard Werle
Publisher: Oxford University Press
ISBN: 0198703597
Size: 65.69 MB
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Principles of International Criminal Law has become one of the most influential textbooks in the field of international criminal justice. It offers a systematic and comprehensive analysis of the foundations and general principles of substantive international criminal law, including thorough discussion of its core crimes. It provides a detailed understanding of the general principles, sources, and evolution of international criminal law, demonstrating how it has developed, and how its application has changed. After establishing the general principles, the book assesses the four key international crimes as defined by the statute of the International Criminal Court: genocide, crimes against humanity, war crimes, and the crime of aggression. This new edition revises and updates work with developments in international criminal justice since 2009. It includes new material on the principle of culpability as one of the fundamental principles of international criminal law, the notion of terrorism as a crime under international law, the concept of direct participation in hostilities, the problem of so-called unlawful combatants, and the issue of targeted killings. The book retains its highly-acclaimed systematic approach and consistent methodology, making the book essential reading for both students and scholars of international criminal law, as well as for practitioners and judges working in the field.

Understanding Criminal Law

Author: Joshua Dressler
Publisher: Carolina Academic Press LLC
ISBN: 9781531007911
Size: 73.80 MB
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This comprehensive and clearly written Understanding treatise is frequently cited by scholars and courts in their analysis of substantive criminal law, and has been a popular source of assistance to criminal law students for the past quarter century. Understanding Criminal Law is designed to be taught in conjunction with any casebook. The topics covered are those most often raised in criminal law casebooks, and coverage of these subjects is meant to complement professors' classroom discussions. The text focuses on the basic elements of, and defenses to, all crimes; provides in-depth coverage of such crimes as homicide, rape, and theft; and covers other important topics covered in the Criminal Law course, such as accomplice and inchoate liability. Understanding Criminal Law also covers theories of punishment, sources of the criminal law, and overarching principles such as legality and proportionality. The common law is emphasized with extensive comparisons to the Model Penal Code and modern statutes. This edition offers the most significant updating ever, including coverage of quickly-changing legal areas, such as sexual assault and self-defense law. Recent and ongoing revisions to the Model Penal Code are also covered.

Foundational Texts In Modern Criminal Law

Author: Markus D Dubber
Publisher: OUP Oxford
ISBN: 0191654620
Size: 72.72 MB
Format: PDF
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Foundational Texts in Modern Criminal Law presents essays in which scholars from various countries and legal systems engage critically with formative texts in criminal legal thought since Hobbes. It examines the emergence of a transnational canon of criminal law by documenting its intellectual and disciplinary history and provides a snapshot of contemporary work on criminal law within that historical and comparative context. Criminal law discourse has become, and will continue to become, more international and comparative, and in this sense global: the long-standing parochialism of criminal law scholarship and doctrine is giving way to a broad exploration of the foundations of modern criminal law. The present book advances this promising scholarly and doctrinal project by making available key texts, including several not previously available in English translation, from the common law and civil law traditions, accompanied by contributions from leading representatives of both systems.