A Modern Treatise on the Principle of Legality in Criminal Law

Author: Gabriel Hallevy

Publisher: Springer Science & Business Media

ISBN: 9783642137143

Category: Law

Page: 199

View: 4544

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.
Posted in Law

American Criminal Courts

Legal Process and Social Context

Author: Casey Welch,John Randolph Fuller

Publisher: Routledge

ISBN: 1317524144

Category: Law

Page: 592

View: 7283

American Criminal Courts: Legal Process and Social Context is an introductory-level text that offers a comprehensive study of the legal processes that guide criminal courts and the social contexts that introduce variations in the activities of actors inside and outside the court. Specifically the text focuses upon: Legal Processes. U.S. criminal courts are constrained by several legal processes and organizational structures that determine how the courts operate and how laws are applied. This book explores how democratic processes develop the criminal law in the United States, the documents that define law (federal and state constitutions, legal codes, administrative policies), the organizational structure of courts at the federal and state levels, the overlapping authority of the appeals process, and the effect of legal processes such as precedent, jurisdiction, and the underlying legal philosophies of various types of courts. Although most texts on criminal courts do a credible job of describing legal processes, this text looks more deeply into the origins of criminal law, historic turning points in the criminal law, conditions that affect the decision-making of criminal justice practitioners, and the contentious political process that affects how criminal laws are considered. Social Contexts. The criminal courts are staffed by people who represent different perspectives, occupational pressures, and organizational goals. The text includes chapters on actors in the traditional courtroom workgroup (judges, prosecutors, and defense attorneys), as well as those outside the court who seek to influence it, including advocacy groups, media, and politicians. It is the interplay between the court legal processes and the social actors in the courtroom that makes the application of the criminal laws so fascinating. By focusing on the tension between the law (legal processes) and the actors inside and outside the courts system (social contexts), this text demonstrates how the courts are a product of "law in action," and it presents the course content in a way that enables students to understand not only the "how" of the U.S. criminal court system but also the "why."
Posted in Law

The Right to Be Punished

Modern Doctrinal Sentencing

Author: Gabriel Hallevy

Publisher: Springer Science & Business Media

ISBN: 364232388X

Category: Law

Page: 236

View: 2497

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.
Posted in Law

Ancient Laws and Modern Problems

The Balance Between Justice and a Legal System

Author: John Sassoon

Publisher: Intellect Books

ISBN: 1841501239

Category: History

Page: 220

View: 7052

John Sassoon’s study of the written laws of four thousand years ago puts paid to the belief that the most ancient laws were merely arbitrary and tyrannical. On the contrary, the earliest legal systems honestly tried to get to the truth, do justice to individuals, and preserve civil order. They used the death penalty surprisingly seldom, and then more because society had been threatened than an individual killed. Some of the surviving law codes are originals, others near-contemporary copies. Together they preserve a partial but vivid picture of life in the early cites. This occupies more than half the book. Comparison of ancient with modern principles occupies the remainder and is bound to be controversial; but it is important as well as fascinating. The first act of writing laws diminished the discretion of the judges and foretold a limit on individual justice. Some political principles such as uniformity of treatment or individual freedom have, when carried to extremes, produced crises in modern legal systems world wide. But it is tempting but wrong to blame the judges or the lawyers for doing what society require of them.
Posted in History

A Treatise on the Police of the Metropolis

Containing a Detail of the Various Crimes and Misdemeanors by which Public and Private Property and Security Are, at Present, Injured and Endangered : and Suggesting Remedies for Their Prevention

Author: Patrick Colquhoun

Publisher: N.A

ISBN: N.A

Category: Crime

Page: 440

View: 6666

Posted in Crime

Foundational Texts in Modern Criminal Law

Author: Markus D Dubber

Publisher: OUP Oxford

ISBN: 0191654620

Category: Law

Page: 450

View: 2205

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.
Posted in Law

Law Books in Action

Essays on the Anglo-American Legal Treatise

Author: Angela Fernandez,Markus D Dubber

Publisher: Bloomsbury Publishing

ISBN: 1847319238

Category: Law

Page: 262

View: 1724

'Law Books in Action: Essays on the Anglo-American Legal Treatise' explores the history of the legal treatise in the common law world. Rather than looking at treatises as shortcuts from 'law in books' to 'law in action', the essays in this collection ask what treatises can tell us about what troubled legal professionals at a given time, what motivated them to write what they did, and what they hoped to achieve. This book, then, is the first study of the legal treatise as a 'law book in action', an active text produced by individuals with ideas about what they wanted the law to be, not a mere stepping-stone to codes and other forms of legal writing, but a multifaceted genre of legal literature in its own right, practical and fanciful, dogmatic and ornamental in turn. This book will be of interest to legal scholars, lawyers and judges, as well as to anyone else with a scholarly interest in law in general, and legal history in particular.
Posted in Law

A Treatise on the Law of Slander and Libel

And Incidentally of Malicious Prosecutions

Author: Thomas Starkie

Publisher: N.A

ISBN: N.A

Category: Libel and slander

Page: N.A

View: 6760

Posted in Libel and slander

The Paradoxes of Action

(Human Action, Law and Philosophy)

Author: Daniel González Lagier

Publisher: Springer Science & Business Media

ISBN: 9401702055

Category: Philosophy

Page: 139

View: 6748

This book suggests answers, or at least presents conceptual tools for finding answers, to questions such as: What is an action, and what is an omission? Can actions be counted? What is the role of intention for the identification of actions? The author offers an original approach to the analysis of action. Written in a very accessible style, the book is of interest to lawyers, legal scientists and philosophers.
Posted in Philosophy

A Treatise of Legal Philosophy and General Jurisprudence

Vol. 9: A History of the Philosophy of Law in the Civil Law World, 1600-1900; Vol. 10: The Philosophers' Philosophy of Law from the Seventeenth Century to Our Days.

Author: Damiano Canale,Paolo Grossi,Hasso Hofmann,Patrick Riley

Publisher: Springer Science & Business Media

ISBN: 9048129648

Category: Philosophy

Page: 740

View: 1126

TO VOLUMES 9 AND 10 OF THE TREATISE I am happy to present here the third batch of volumes for the Treatise project: This is the batch consisting of Volumes 9 and 10, namely, A History of the P- losophy of Law in the Civil Law World, 1600–1900, edited by Damiano Canale, Paolo Grossi, and Hasso Hofmann, and The Philosophers’ Philosophy of Law from the Seventeenth Century to Our Days, by Patrick Riley. Three v- umes will follow: Two are devoted to the philosophy of law in the 20th c- tury, and the third one will be the index for the entire Treatise, which will 1 therefore ultimately comprise thirteen volumes. This Volume 9 runs parallel to Volume 8, A History of the Philosophy of Law in the Common Law World, 1600–1900, by Michael Lobban, published in 2007. Volume 10, for its part, takes up where Volume 6 left off: which appeared under the title A History of the Philosophy of Law from the Ancient Greeks to the Scholastics (edited by Fred Miller Jr. in association with Carrie-Ann Biondi, likewise published in 2007), and which is mainly a history of the p- losophers’ philosophy of law (let us refer to this philosophy as A).
Posted in Philosophy

The Law in Philosophical Perspectives

My Philosophy of Law

Author: Luc J. Wintgens

Publisher: Springer Science & Business Media

ISBN: 9401593175

Category: Philosophy

Page: 274

View: 6706

In this age of collections that is ours, many volumes of collections are published. They contain contributions of several well-known authors, and their aim is to present a selective overview of a relevant field of study. This book has the same purpose. Its aim is to introduce students, scholars and all those interested in current problems of legal theory and legal philosophy to the work of the leading scholars in this field. The large number of publications, both books and articles, that have been produced over recent decades makes it quite difficult, however, for those who are making their first steps in this domain to find firm guidelines. The book is new in its genre because of its method. The choice was made not to reprint an example of contributors' earlier basic articles or a part of one of their books. This would only give a partial view of the rich texture of their work. Rather, the authors were asked to make an original synthesis of their own contributions to the field of legal theory and legal philosophy. Brought together in this volume, they constitute a truly author-ised view of their work. This book is also new in that each essay is complemented with bibliographical information in order to encourage further research on the author's self-selected work. This will help the reader rapidly to become familiar with the whole of the published work of the contributors.
Posted in Philosophy

Simester and Sullivan's Criminal Law

Theory and Doctrine

Author: A P Simester,J R Spencer,G R Sullivan,G J Virgo

Publisher: A&C Black

ISBN: 1782252061

Category: Law

Page: 980

View: 3324

This is the fifth edition of the leading textbook on criminal law by Professors Simester, Spencer, Sullivan and Virgo. Simester and Sullivan is an outstanding account of modern English criminal law, combining detailed exposition and analysis of the law with a careful exploration of its theoretical underpinnings. Primarily, it is written for undergraduate students of criminal law and it has become the set text in many leading universities. Additionally, the book is used as an important point of reference in academic writing and postgraduate research in England and abroad. Simester and Sullivan has been cited by appellate courts throughout the world. There have been a large number of important appellate decisions since the last edition of this work. This new case law, among other things, provides helpful guidance for the interpretation of offences under the Serious Crime Act 2007 and of the defence of loss of control provided by the Coroners and Justice Act 2009. There have been significant developments in the laws relating to rape, self-defence and defence of property, and duress. Special mention should be made of the continuing stream of appellate cases regarding the nature and scope of secondary liability in the crimes of others.
Posted in Law

The Nuremberg Trials: International Criminal Law Since 1945

60th Anniversary International Conference

Author: Lawrence Raful

Publisher: Walter de Gruyter

ISBN: 3110944847

Category: History

Page: 320

View: 7043

60 years after the trials of the main German war criminals, the articles in this book attempt to assess the Nuremberg Trials from a historical and legal point of view, and to illustrate connections, contradictions and consequences. In view of constantly reoccurring reports of mass crimes from all over the world, we have only reached the halfway point in the quest for an effective system of international criminal justice. With the legacy of Nuremberg in mind, this volume is a contribution to the search for answers to questions of how the law can be applied effectively and those committing crimes against humanity be brought to justice for their actions.
Posted in History

A treatise on the principles of evidence

Author: William Mawdesley Best,Sir James Fitzjames Stephen

Publisher: N.A

ISBN: N.A

Category: Law

Page: 738

View: 8866

Posted in Law

A Treatise on Crimes and Misdemeanors

Author: Sir William Oldnall Russell

Publisher: N.A

ISBN: N.A

Category: Criminal law

Page: N.A

View: 9602

Posted in Criminal law

Codification, Macaulay and the Indian Penal Code

The Legacies and Modern Challenges of Criminal Law Reform

Author: Barry Wright

Publisher: Routledge

ISBN: 1317164865

Category: Law

Page: 396

View: 2800

Enacted in 1860, the Indian Penal Code is the longest serving and one of the most influential criminal codes in the common law world. This book commemorates its one hundred and fiftieth anniversary and honours the law reform legacy of Thomas Macaulay, the principal drafter of the Code. The book comprises chapters which examine the general principles of criminal responsibility from the perspective of Macaulay, and from more recent accounts by lawmakers and reformers. These are framed by chapters that examine the history and conceptual underpinnings of Macaulay's Code, consider the need to revitalize the Indian Penal Code, and review the current challenges of principled criminal law reform and codification. This book is a valuable reference on the Indian Penal Code, and current debates about general principles of criminal law for legal academics, judges, legal practitioners and criminal law reformers. It also promises to have wider scholarly appeal, of interest to legal theorists, historians and policy specialists.
Posted in Law

The Trial of Col. Aaron Burr, on an Indictment for Treason, Before the Circuit Court of the United States, Held in Richmond, (Virginia), May Term, 1807

Including the Arguments and Decisions on All the Motions Made During the Examination and Trial, and on the Motion for an Attachment Against Gen. Wilkinson

Author: Aaron Burr,T. Carpenter

Publisher: N.A

ISBN: N.A

Category: Burr Conspiracy, 1805-1807

Page: N.A

View: 8727

Posted in Burr Conspiracy, 1805-1807

A Treatise on the Laws of Literary Property, Comprising the Statutes and Cases Relating to Books, Manuscripts, Lectures

Dramatic and Musical Compositions ; Engravings, Sculpture, Maps, &c., Including the Piracy and Transfer of Copyright ; with a Historical View, and Disquisitions on the Principles and Effects of the Laws

Author: Robert Maugham,John Hawarde

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584779004

Category: History

Page: 261

View: 2826

Posted in History

Rethinking Evidence

Exploratory Essays

Author: William Twining

Publisher: Cambridge University Press

ISBN: 1139453211

Category: Law

Page: N.A

View: 997

The Law of Evidence has traditionally been perceived as a dry, highly technical, and mysterious subject. This book argues that problems of evidence in law are closely related to the handling of evidence in other kinds of practical decision-making and other academic disciplines, that it is closely related to common sense and that it is an interesting, lively and accessible subject. These essays develop a readable, coherent historical and theoretical perspective about problems of proof, evidence, and inferential reasoning in law. Although each essay is self-standing, they are woven together to present a sustained argument for a broad inter-disciplinary approach to evidence in litigation, in which the rules of evidence play a subordinate, though significant, role. This revised and enlarged edition includes a revised introduction, the best-known essays in the first edition, and chapters on narrative and argumentation, teaching evidence, and evidence as a multi-disciplinary subject.
Posted in Law