criminal law and the authority of the state

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Criminal Law And The Authority Of The State

Author : Antje du Bois-Pedain
ISBN : 9781509905140
Genre : Law
File Size : 37. 72 MB
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How does the state, as a public authority, relate to those under its jurisdiction through the criminal law? Connecting the ways in which criminal lawyers, legal theorists, public lawyers and criminologists address questions of the criminal law's legitimacy, contributors to this collection explore issues such as criminal law-making and jurisdiction; the political-ethical underpinnings of legitimate criminal law enforcement; the offence of treason; the importance of doctrinal guidance in the application of criminal law; the interface between tort and crime; and the purposes and mechanisms of state punishment. Overall, the collection aims to enhance and deepen our understanding of criminal law by conceiving of the practices of criminal justice as explicitly and distinctly embedded in the project of liberal self-governance.

Criminal Law And The Authority Of The State

Author :
ISBN : 1509932135
Genre :
File Size : 90. 22 MB
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A Treatise On The Criminal Law Of The United States

Author : Francis Wharton
ISBN : STANFORD:36105044787310
Genre : Criminal law
File Size : 68. 20 MB
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The Emerging System Of International Criminal Law

Author : Lyal S. Sunga
ISBN : 9041104720
Genre : Law
File Size : 24. 61 MB
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How far has the world come in creating a system of international criminal law? As global society grows ever more interdependent, international crime is increasingly regarded as a serious threat. Now is the time for the international community to produce more comprehensive solutions to prevent, punish & deter crimes under international law. In this book, the author focuses on recent developments in codification & implementation to evaluate prospects for the emergence of a unified system of international criminal law, characterized by broad & coherent material coverage, as well as fair & effective institutional implementation. To this end, he sketches the normative contours of international criminal law by exploring the history, content & legal status of the relevant norms against the background of the work of the International Law Commission. He then surveys patterns in existing means of implementation at both the inter-State & international levels, examining key issues relating to the acquisition of custody over the alleged offender, the role of the extradition system & the use of international criminal tribunals. Finally, the author identifies the essential properties for the emergence of a good system of international criminal law & locates the development & future prospects of this field within the main historical dynamics of international legal cooperation.

Foundational Texts In Modern Criminal Law

Author : Markus D Dubber
ISBN : 9780191654626
Genre : Law
File Size : 34. 53 MB
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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.

The Insecurity State

Author : Peter Ramsay
ISBN : 9780199581061
Genre : Law
File Size : 64. 16 MB
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The Insecurity State offers a theoretical explanation of the expansive and authoritarian trends in modern Anglo-American criminal law and policy. Taking the iconic ASBO as an archetype, it examines the political theory behind the growth of criminal law and argues that modern security law risks weakening political authority itself.

Criminal Law In The Age Of The Administrative State

Author : Vincent Chiao
ISBN : 9780190920838
Genre : Law
File Size : 51. 2 MB
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What is the criminal law for? One influential answer is that the criminal law vindicates pre-political rights and condemns wrongdoing. On this account, the criminal law has an intrinsic subject matter-certain types of moral wrongdoing-and it provides a distinctive response to that wrongdoing, namely condemnatory punishment. In Criminal Law in the Age of the Administrative State, Vincent Chiao offers an alternative, public law account. What the criminal law is for, Chiao suggests, is sustaining social cooperation with public institutions. Consequently, we only have reason to support the use of the criminal law insofar as its use is consistent with our reasons for valuing the social order established by those institutions. By starting with the political morality of public institutions rather than the interpersonal morality of private relationships, this account shows how the criminal law is continuous with the modern administrative and welfare state, and why it is answerable to the same political virtues. Chiao sketches a democratic egalitarian account of those virtues, one that is loosely consequentialist, egalitarian but not equalizing, and centered on a form of freedom-effective access to central capabilities-as its currency of evaluation. From this point of view, the role of the criminal law is to help public institutions create a society in which each person can lead a life as a peer among peers. Chiao shows how a democratic egalitarian approach to criminal justice provides a fresh perspective on a range of contemporary problems, from mass incarceration to overcriminalization, due process and the collateral consequences of a criminal conviction.

State Constitutions And Criminal Justice

Author : Barry Latzer
ISBN : 9780313261121
Genre : Law
File Size : 65. 27 MB
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The new "judicial federalism" is a significant development in American law: more cases are being decided by state constitutions than ever before in history. In this book, Latzer provides the most thorough treatment available of the criminal law aspects of the New Federalism. His thoroughly researched and documented analysis of the state law movement covers all fifty states over the past two decades. This is an important resource for anyone concerned with the political-ideological tension between federal and state courts.

Constitutional Life And Europe S Area Of Freedom Security And Justice

Author : Mr Alun Howard Gibbs
ISBN : 9781409497691
Genre : Law
File Size : 84. 50 MB
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The challenge of thinking about the place of constitutionalism beyond the conventional categories of the nation state has become a principal concern for legal and political scholars. This book casts this issue in a different light by exploring the implications for the constitutionalism of legal integration in the European Union's 'area of freedom, security and justice'. In doing so it makes a novel contribution to an understanding of the European Union as a political community beyond the state, but in addition explores how this entails thinking differently about what is essential concerning constitutionalism. The book argues that instead of seeking to theorise constitutional foundations we actually begin to encounter the constitutional life implied by political and legal practices in the European Union and as exemplified here by 'the area of freedom, security and justice'.

Globalisation Criminal Law And Criminal Justice

Author : Valsamis Mitsilegas
ISBN : 9781782252719
Genre : Social Science
File Size : 77. 2 MB
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The book consists of the keynote papers delivered at the 2012 WG Hart Workshop on Globalisation, Criminal Law and Criminal Justice organised by the Queen Mary Criminal Justice Centre. The volume addresses, from a cross-disciplinary perspective, the multifarious relationship between globalisation on the one hand, and criminal law and justice on the other hand. At a time when economic, political and cultural systems across different jurisdictions are increasingly becoming or are perceived to be parts of a coherent global whole, it appears that the study of crime and criminal justice policies and practices can no longer be restricted within the boundaries of individual nation-states or even particular transnational regions. But in which specific fields, to what extent, and in what ways does globalisation influence crime and criminal justice in disparate jurisdictions? Which are the factors that facilitate or prevent such influence at a domestic and/or regional level? And how does or should scholarly inquiry explore these themes? These are all key questions which are addressed by the contributors to the volume. In addition to contributions focusing on theoretical and comparative dimensions of globalisation in criminal law and justice, the volume includes sections focusing on the role of evidence in the development of criminal justice policy, the development of European criminal law and its relationship with national and transnational legal orders, and the influence of globalisation on the interplay between criminal and administrative law.

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