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The Limits of Criminal Law
  • Language: en
  • Pages: 159

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.

Prosecuting and Punishing Multi-Offenders in the EU
  • Language: en
  • Pages: 378

Prosecuting and Punishing Multi-Offenders in the EU

  • Categories: Law

This book elaborates on the rules governing the prosecution and sentencing of multi-offenders. The term ‘multi-offender’ is used for an offender that has committed a series of offences (either in one single act or in different acts); hence the addition of ‘multi’ in ‘multi-offender’. A crucial element thereto is that the whole series of offences – which make the offender a multi-offender – has been committed before being subject to a final conviction. A comparative EU-study was conducted, focussing on the rules governing multi-offenders within different EU Member States. It reveals that this type of offenders challenge both the legislator and the prosecution and judges: when ...

Justice Without Borders
  • Language: en
  • Pages: 484

Justice Without Borders

  • Categories: Law
  • Type: Book
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  • Published: 2018-01-16
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  • Publisher: BRILL

Justice Without Borders is the theme of this collection of essays that honours Judge Wolfgang Schomburg on the occassion of his 70th birthday on 9 April 2018. The contributions of distinguished authors in the area of international criminal law, European criminal law and international cooperation focus on topics that are important for Wolfgang Schomburg: the pursuit of international criminal justice with respect for the interests of the accused, the facilitation of international cooperation subject to the rule of law, and the principle of fair trial .

The Oxford Handbook of Criminal Law
  • Language: en
  • Pages: 1233

The Oxford Handbook of Criminal Law

  • Categories: Law

Providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field, The Oxford Handbook of Criminal Law takes a broad approach to its subject matter - disciplinarily, geographically, and systematically.

European International Law Traditions
  • Language: en
  • Pages: 338

European International Law Traditions

  • Categories: Law

​International Law is usually considered, at least initially, to be a unitary legal order that is not subject to different national approaches. Ex definition it should be an order that transcends the national, and one that merges national perspectives into a higher understanding of law. It gains broad recognition precisely because it gives expression to a common consensus transcending national positions. The reality, however, is quite different. Individual countries’ approaches to International Law, and the meanings attached to different concepts, often diverge considerably. The result is a lack of comprehension that can ultimately lead to outright conflicts. In this book, several renown...

First Do No Harm: Medical Ethics in International Humanitarian Law
  • Language: en
  • Pages: 512

First Do No Harm: Medical Ethics in International Humanitarian Law

  • Categories: Law

Although working on the sidelines of armed conflicts, physicians are often at the centre of attention. First Do No harm: Medical Ethics in International Humanitarian Law was born from the occasionally controversial role of physicians in recent armed conflicts and the legal and ethical rules that frame their actions. While international humanitarian, human rights and criminal law provide a framework of rights and obligations that bind physicians in armed conflicts, the reference to ‘medical ethics’ in the laws of armed conflict adds an extra-legal layer. In analysing both the legal and the ethical framework for physicians in armed conflict, the book is invaluable to practitioners and legal scholars alike.

The Russian-Ukrainian Conflict and War Crimes
  • Language: en
  • Pages: 319

The Russian-Ukrainian Conflict and War Crimes

This book offers a multidisciplinary examination of the international crimes committed in the Russia-Ukraine War, and the challenges of their prosecution and documentation. As the largest international armed conflict in Europe since World War II, Russia’s war against Ukraine has provoked strong reactions and questions about the post-1945 world order, the utility of the war, and the effectiveness of international criminal justice. Throughout the chapters in this volume, scholars and legal practitioners from Canada, Germany, Poland, Ukraine, the UK, and the United States present the results of interdisciplinary research, insights from the perspective of other post-communist states, and first...

Annual of German and European Law
  • Language: en
  • Pages: 572

Annual of German and European Law

  • Categories: Law

German law has been of long-standing interest and increasing relevance around the world, but access for researchers and practitioners very frequently was limited by the necessity of German language proficiency. Offering English-language access to these fields, the Annual of German & European Law is a significant contribution to the global discourse on and study of German, European and Comparative law. Each volume presents: (1) articles - original, cutting-edge scholarship from the fields of German and European law; (2) jurisdictional reports - comments on the latest caselaw from Germany's most significant courts and the case-law of the European courts having importance for Germany; (3) book ...

Cruel Attachments
  • Language: en
  • Pages: 265

Cruel Attachments

Child molesters are widely regarded as the most incorrigible of criminal types, as recidivists who deserve harsh punishment. In Germany today, however, attention has shifted from punishment to court-mandated rehabilitation through therapy. Therapists guide the offender through a process normally assigned to a religious authoritythe transformation of the criminal into a person capable of reintegration into society. "Cruel Attachments" is anthropologist John Borneman s account of the attempt to rehabilitate child sex offenders through therapy. Using select case studies, Borneman follows the experience of offenders from accusation to admission of culpability, through arrest, trial, imprisonment...

Tax Compliance Costs for Companies in an Enlarged European Community
  • Language: en
  • Pages: 524

Tax Compliance Costs for Companies in an Enlarged European Community

  • Categories: Law

"When it comes to taxation, administrative costs to the tax authorities and compliance costs to the taxpayers arise. A lot of studies have already been conducted in order to shed more light on such “hidden costs” of taxation. Particularly in the field of transfer pricing, administrative and compliance costs are assumed to be quite high due to the obligation of computing and documenting an arm’s length price for each intra-group-transaction. Apparently, European policy makers have also become aware of this problem since the European Commission’s report released in 2001 (“Company Taxation in the Internal Market”) recommends targeted measures in the short run and comprehensive ones ...