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This volume examines the political morality of the criminal law, exploring general principles and theories of criminalisation. Chapters provide accounts of the criminal law in the light of ambitious theories about moral and political philosophy - republicanism and contractarianism, or reflect upon on the success of important theories of criminalisation by viewing them in a novel light.
Criminal law --- Political aspects. --- Crime --- Crimes and misdemeanors --- Criminals --- Law, Criminal --- Penal codes --- Penal law --- Pleas of the crown --- Public law --- Criminal justice, Administration of --- Criminal procedure --- Law and legislation --- Legal status, laws, etc.
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This is a comprehensive, insightful, lucid, intense and unrivalled text on the general part of the criminal law in Cameroon. Beginning with an account of the historical development of the criminal law generally, the author proceeds to analyse and discuss in detail the principles governing application of the criminal law, criminal responsibility, participation in crime, penalties, and sentencing. These principles are broadly the same in other jurisdictions. The book balances theoretical content with case-law illustrations to enhance readability, comprehension and assimilation. It is an invaluable source and essential reading for law students and teachers, and lawyers in private practice and government service.
Criminal law --- Crime --- Crimes and misdemeanors --- Criminals --- Law, Criminal --- Penal codes --- Penal law --- Pleas of the crown --- Public law --- Criminal justice, Administration of --- Criminal procedure --- Law and legislation --- Legal status, laws, etc.
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This book sets forth a new approach to twenty-first-century criminal justice and punishment, one that fully involves the community, providing a better way to make our criminal process more transparent and inclusive. Using the prism of the Sixth Amendment community jury trial, this book offers fresh and much-needed ways to incorporate the citizenry into the procedures of criminal justice, thereby resulting in greater investment and satisfaction in the system. It exposes the various challenges the American criminal justice system faces because of its ongoing failure to integrate the community's voice. Ultimately, the people's right to participate in the criminal justice system through the criminal jury - a right that is all too often overlooked - is essential to truly legitimizing the criminal process and ensuring its democratic nature.
Criminal law. --- Crime --- Crimes and misdemeanors --- Criminals --- Law, Criminal --- Penal codes --- Penal law --- Pleas of the crown --- Public law --- Criminal justice, Administration of --- Criminal procedure --- Law and legislation --- Legal status, laws, etc. --- Jury --- Due process of law
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Acquiring competences for the creation of criminal offences begs the question of legitimacy. The European criminal justice system already has such competences and many instruments define criminal offences. The legality principle is a cornerstone doctrine for legitimising criminal norms in Western legal systems. Despite already being part of the European legal order, this principle lacks a coherent theoretical and normative blueprint that shows how it should be conceived in European criminal law. This book develops such a theory for the principle of legality in European criminal law. The focus is on the legitimising and normative functions of this principle. The reader shall find a proposal for a theoretical framework that legitimises European criminal law and the accompanying normative requirements of criminal liability. Questions such as the precision of European and national implementing norms, the position of case law as a source of law and the scope of interpretative powers of European and national courts are addressed. The book uses comparative research into national systems and modern theories of criminal law to build a framework for the principle of legality. This is then instilled with special characteristics of the European legal order, such as the multi-level system of authorities and sources, pluralism and freedom of movement.
Criminal law --- Philosophy. --- Crime --- Crimes and misdemeanors --- Criminals --- Law, Criminal --- Penal codes --- Penal law --- Pleas of the crown --- Public law --- Criminal justice, Administration of --- Criminal procedure --- Law and legislation --- Legal status, laws, etc. --- Europe. --- Council of Europe countries --- Eastern Hemisphere --- Eurasia
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In 1764, the work entitled Dei delitti e delle pene by Milanese nobleman Cesare Beccaria (1738-1794) was printed anonymously in the Italian city of Livorno. Different editions and translations of this book followed quickly, in which the author added new chapters and made different changes. The Spanish translation offered here in the open comes from the fifth edition, assumed by Beccaria as the authentic one, who wrote for her a new warning To the reader, the Introduction and two unpublished chapters (Del fisco and Del perdón), thus reaching 47 chapters; It also introduced various corrections, clarifications and rectifications, such as the one noted in Chapter 34.
Criminal law. --- Punishment. --- Torture. --- Cruelty --- Punishment --- Extraordinary rendition --- Penalties (Criminal law) --- Penology --- Corrections --- Impunity --- Retribution --- Crime --- Crimes and misdemeanors --- Criminals --- Law, Criminal --- Penal codes --- Penal law --- Pleas of the crown --- Public law --- Criminal justice, Administration of --- Criminal procedure --- Law and legislation --- Legal status, laws, etc. --- Delito --- Ilustración --- Cesare (1738-1794) --- Pena --- Beccaria
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An investigation of criminal attempts unearths some of the most fundamental, intriguing and perplexing questions about criminal law and its place in human action. When does attempting begin? What is the relationship between attempting and intending? Do we always attempt the possible and, if so, possible to whom? Does attempting involve action and does action involve attempting? Is my attempt fixed by me or can another perspective reveal what it is? How 'much' action is needed for an attempt, how 'much' intention is needed and can these matters be decided categorically? Bebhinn Donnelly-Lazarov's answers to these questions will interest criminal law theorists, philosophers and lawyers or law reformers, who encounter the mixed practical and philosophical phenomenon of attempting. Inspired by G. E. M. Anscombe's philosophy, Part I examines attempting generally and its relationship with intention, action subjectivity, and possibility. From the conclusions reached, Part II proposes a specific theory of criminal attempts.
Criminal act. --- Criminal attempt. --- Criminal intent. --- Criminal law. --- Criminal attempt --- Criminal intent --- Criminal act --- Criminal law --- Law, Politics & Government --- Law, General & Comparative --- Crime --- Crimes and misdemeanors --- Criminals --- Law, Criminal --- Penal codes --- Penal law --- Pleas of the crown --- Public law --- Criminal justice, Administration of --- Criminal procedure --- Dolus (Criminal law) --- Intent, Criminal --- Mens rea --- Guilt (Law) --- Attempt, Criminal --- Inchoate offenses --- Preparation (Criminal law) --- Law and legislation --- Legal status, laws, etc.
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Criminology --- Criminal law --- Crime --- Crimes and misdemeanors --- Criminals --- Law, Criminal --- Penal codes --- Penal law --- Pleas of the crown --- Public law --- Criminal justice, Administration of --- Criminal procedure --- Social sciences --- Law and legislation --- Legal status, laws, etc. --- Study and teaching --- Willem Pompe Instituut voor Strafrechtswetenschappen. --- Willem Pompe Instituut voor Strafrechtswetenschappen te Utrecht --- Rijksuniversiteit te Utrecht. --- Willem Pompe Institute for Criminal Law & Criminology --- Willem Pompe Instituut voor Strafrechtswetenschappen (Utrecht) / pbl / hnr
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This volume presents national reports describing the legal instruments that are available to prevent the payment of bribes for acquiring contracts. Anti-corruption is one of the preeminent issues in the modern global commercial order, and is tackled with the help of criminal law and contract law in different ways in different countries. The reports included in this volume, from very diverse parts of the world, represent a unique and rich compilation of court decisions, doctrinal discussions and a pool of suggested solutions. The central theme is the enforceability of three problematic types of contracts: the bribe agreement, whereby a bribe payer promises the agent of his business partner a personal benefit in exchange for favourable contract terms; the agreement between a bribe payer and an intermediary (a “bribe merchant”), where the latter offers his expertise to help funnel bribes to agents of the business partner; and, finally, the contract between the bribe payer and his business partner which was obtained by means of bribery. The analysis is tailored toward commercial contracts, which can also include contracts with state-owned enterprises. The examination and comparison of international and national initiatives included in this volume advance the discussion on the most appropriate remedies in corruption cases, and show how to get past the boundaries of criminal, private and contract law.
Law. --- Private International Law, International & Foreign Law, Comparative Law. --- Criminal Law. --- Criminal law --- Droit --- Droit pénal --- Law, General & Comparative --- Law, Politics & Government --- Corruption --- Law and legislation. --- Law and legislation --- Criminal provisions --- Criminal law. --- Private international law. --- Conflict of laws. --- International law. --- Comparative law. --- Private International Law, International & Foreign Law, Comparative Law . --- Criminal Law and Criminal Procedure Law. --- Crime --- Crimes and misdemeanors --- Criminals --- Law, Criminal --- Penal codes --- Penal law --- Pleas of the crown --- Public law --- Criminal justice, Administration of --- Criminal procedure --- Legal status, laws, etc. --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Law --- Legal polycentricity --- Civil law
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This book focuses on the analysis of liability rules of tort law from an efficiency perspective, presenting a comprehensive analysis of these rules in a self-contained and rigorous yet accessible manner. It establishes general results on the efficiency of liability rules, including complete characterizations of efficient liability rules and efficient incremental liability rules. The book also establishes that the untaken precaution approach and decoupled liability are incompatible with efficiency.The economic analysis of tort law has established that for efficiency it is necessary that each party to the interaction must be made to internalize the harm resulting from the interaction. The characterization and impossibility theorems presented in this book establish that, in addition to internalization of the harm by each party, there are two additional requirements for efficiency. Firstly, rules must be immune from strategic manipulation. Secondly, rules must entail closure with respect to the parties involved in the interaction giving rise to the negative externality, i.e., the liability must not be decoupled.
Economics/Management Science. --- Law and Economics. --- Civil Procedure Law. --- Criminal Law. --- Economic Theory. --- Economics. --- Civil Law. --- Commercial law. --- Economie politique --- Droit commercial --- Business & Economics --- Economic Theory --- Economic theory --- Political economy --- Civil procedure. --- Criminal law. --- Economic theory. --- Law and economics. --- Economic Theory/Quantitative Economics/Mathematical Methods. --- Social sciences --- Economic man --- Criminal Law and Criminal Procedure Law. --- Crime --- Crimes and misdemeanors --- Criminals --- Law, Criminal --- Penal codes --- Penal law --- Pleas of the crown --- Public law --- Criminal justice, Administration of --- Criminal procedure --- Law, Civil --- Private law --- Roman law --- Economics and jurisprudence --- Economics and law --- Jurisprudence and economics --- Economics --- Jurisprudence --- Law and legislation --- Legal status, laws, etc. --- Civil procedure --- Procedure (Law) --- Actions and defenses --- Appellate procedure --- Trial practice
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The book explores police legitimacy and crime control, with a focus on the European region. Using comparative case studies, the contributions to this timely volume examine the effects of a transition to democracy on policing, public attitudes towards police legitimacy, and the ways in which perceptions of police legitimacy relate to compliance with the law. Following these case studies, the authors provide recommendations for improving police legitimacy and controlling crime, in these particular sociopolitical environments, where the police are often associated with previous military or paramilitary roles. The techniques used by these researchers may be applied to studies for policing in other regions, with potential applications within Europe and beyond. Chapters present topical issues of crime, crime control and human emotions regarding crime, criminals, law enforcement and punishment in contemporary societies. This book will be of interest to researchers in criminology and criminal justice, as well as political science and public policy. .
Political Science, general. --- Criminal law -- European Union countries -- Philosophy. --- Effectiveness and validity of law -- European Union countries. --- Trust -- European Union countries. --- Criminal justice, Administration of --- Criminal law --- Effectiveness and validity of law --- Philosophy. --- Political science. --- Criminology and Criminal Justice. --- Criminology and Criminal Justice, general. --- Political Science. --- Validity and effectiveness of law --- International law --- Jurisprudence --- Crime --- Crimes and misdemeanors --- Criminals --- Law, Criminal --- Penal codes --- Penal law --- Pleas of the crown --- Public law --- Criminal procedure --- Administration of criminal justice --- Justice, Administration of --- Law and legislation --- Legal status, laws, etc. --- Criminology. --- Administration --- Civil government --- Commonwealth, The --- Government --- Political theory --- Political thought --- Politics --- Science, Political --- Social sciences --- State, The --- Study and teaching
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