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Justice Without Borders
  • Language: en
  • Pages: 484

Justice Without Borders

  • Categories: Law
  • Type: Book
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  • Published: 2018-01-25
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  • Publisher: BRILL

Justice Without Borders is a collection of essays on international criminal law, European criminal law and international cooperation of distinguished authors that honours Judge Wolfgang Schomburg on the occassion of his 70th birthday on 9 April 2018.

Criminal Justice, Risk and the Revolt against Uncertainty
  • Language: en
  • Pages: 357

Criminal Justice, Risk and the Revolt against Uncertainty

This book examines the impact and implications of the relationship between risk and criminal justice in advanced liberal democracies, in the context of the ‘revolt against uncertainty’ which has underpinned the rise of populist politics across these societies in recent years. It asks what impact the demands for more certainty and security, and the insistence that national identity be reasserted, will have on criminal law and penal policy. Drawing upon contributions made at a symposium held at Victoria University of Wellington, New Zealand in November 2018, this edited collection also discusses the way in which risk has come to inform sentencing practices, broader criminal justice processes and the critical issues associated with this. It also examines the growth and making of new ‘risky populations’ and the harnessing of risk-prevention logics, techniques and mechanisms which have inflated the influence of risk on criminal justice.

Definition in the Criminal Law
  • Language: en
  • Pages: 229

Definition in the Criminal Law

  • Categories: Law

This book investigates the role and scope of definition in criminal law, the nature of legal materials and the diversity of perspectives on law.

Killing Terrorists
  • Language: en
  • Pages: 356

Killing Terrorists

Targeted killing of terrorists has become an established practice in the fight against terrorism. The disturbing consequences of the practice and its increasing political and societal acceptance raise questions as to its justifiability and its place in counter-terrorism. Anna Goppel explores whether targeted killing of terrorists can be justified, both from a moral and an international legal perspective. She discusses moral and international legal limits to state use of lethal force and argues that the moral principles and the international legal regulations allow for the practice only in very specific, very rare, and rather hypothetical cases. The analysis is based on a thorough discussion of the human right to life, the laws and ethics of war, and the relevant moral and legal arguments. This makes it of particular interest to philosophers and legal theorists interested in terrorism, counter-terrorism, human rights, and the legitimacy of defensive state measures.

Criminalizing Intimate Image Abuse
  • Language: en
  • Pages: 449

Criminalizing Intimate Image Abuse

  • Categories: Law

Intimate image abuse is a recent, endemic phenomenon which raises multiple legal issues and presents a significant challenge for the traditional institutions of law and criminal justice. The nature of this phenomenon requires considering the traditional complexities of regulating privacy, sexual offences, and cybercrimes, alongside the social and cultural issue of what may be considered 'intimate', 'private', or indeed 'sexual'. Since the harm experienced by victims of intimate image abuse is particularly serious and involves disparate legal interests, criminal law has been invoked as one of the solutions, but it is unclear what its role and limits should be. The law's approach should avoid ...

The Limits of Criminal Law
  • Language: en
  • Pages: 158

The Limits of Criminal Law

  • Categories: Law
  • Type: Book
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  • Published: 2016-03-03
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  • Publisher: Routledge

This book compares the civil and common law approach to analyze the question - 'What sorts of conduct may the state legitimately make criminal?'. Through a comparative focus on an Australian and German context, this book utilizes interviews with Australian criminal law experts and contrasts them with the German model based on 'Rechtsgutstheorie'. By comparing the largely descriptive, criminology-based Australian approach with the more sophisticated German legal theory model the author finds the Australian approach to be suffering from a 'normative flaw', illustrated by the distinction of different approaches to the offences of incest, bestiality and possession of illicit drugs. Carl Constantin Lauterwein discovers that while there is strength in the common law approach of describing the possible reasons for criminalizing certain conduct, the approach could be significantly improved by scrutinizing the legitimacy of those reasons.

Innere Sicherheit im europäischen Vergleich
  • Language: en
  • Pages: 355
Transnational criminal law
  • Language: de
  • Pages: 700

Transnational criminal law

  • Type: Book
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  • Published: 2011
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  • Publisher: Unknown

None

Schuld und Verantwortung
  • Language: de
  • Pages: 156

Schuld und Verantwortung

  • Categories: Law

Papers of a meeting of the Sektion f'ur Philosophie and the Sektion f'ur Rechts- und Staatswissenschaft of the G'orres-Gesellschaft held Oct. 1981 in Passau.

Culpa e Risco em Direito Penal
  • Language: pt-BR
  • Pages: 198

Culpa e Risco em Direito Penal

A contribuição em mãos do leitor é da última espécie: aqui, a pesquisadora Michelle Cabrera realiza uma inicial exposição de como a percepção do delito culposo se modifica conforme o direito penal maneje modelos de teoria do delito orientados ao mundo do ser, lidos com lentes de ciências naturais, ou ao mundo do dever-ser, orientados aos valores. Consegue visualizar com clareza porque causalismo e finalismo eram mais semelhantes, entre si, que distintos, no compromisso comum com a ontologia. Deixa claro que o crime culposo não é expressão delitiva de um elemento subjetivo distinto do dolo, de perfil ôntico, e sim marco de atribuição de desvalor derivado da constatação de d...