juristische grundkurse strafrecht allgemeiner teil

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The Limits Of Criminal Law

Author : Carl Constantin Lauterwein
ISBN : 9781317025368
Genre : Law
File Size : 72. 8 MB
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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.

Psyche Recht Gesellschaft

Author : Manfred Rehbinder
ISBN : STANFORD:36105060946881
Genre : Law
File Size : 21. 11 MB
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Tatbestand Und Rechtsfolge

Author : Matthias Krahl
ISBN : 3465027078
Genre : Law
File Size : 44. 54 MB
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Criminal Liability Of Managers In Europe

Author : Stanislaw Tosza
ISBN : 9781509914982
Genre : Law
File Size : 20. 31 MB
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Every managerial decision is risky, at least to some extent. Conducting business is impossible without venturing into new territories and even the most ordinary daily choices could turn out to be failures. Excessive risk, however, can be very detrimental as was starkly illustrated by the most recent financial crisis. By criminalising managers' excessive risk-taking criminal law enters a sphere which is at the core of the activity it affects. At the same time it provides for criminal punishment for courses of conduct that, without doubt, can be extremely harmful. The objective of this book is to examine existing criminalisation of excessive risk-taking as well as to analyse whether such criminalisation is desirable and if yes, under which conditions.

Comparative Law

Author :
ISBN : STANFORD:36105061182221
Genre : Comparative law
File Size : 44. 46 MB
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The Law And Practice Of The International Criminal Court

Author : Carsten Stahn
ISBN : 9780191015298
Genre : Law
File Size : 59. 24 MB
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Some parts of this publication are open access, available under the terms of a CC BY-NC-ND 4.0 International licence. Chapters 2, 4, 10, 47 and 49 are offered as a free PDF download from OUP and selected open access locations. The International Criminal Court is a controversial and important body within international law; one that is significantly growing in importance, particularly as other international criminal tribunals close down. After a decade of Court practice, this book takes stock of the activities of the International Criminal Court, identifying the key issues in need of re-thinking or potential reform. It provides a systematic and in-depth thematic account of the law and practice of the Court, including its changes context, the challenges it faces, and its overall contribution to international criminal law. The book is written by over forty leading practitioners and scholars from both inside and outside the Court. They provide an unparallelled insight into the Court as an institution, its jurisprudence, the impact of its activities, and its future development. The work addresses the ways in which the practice of the International Criminal Court has emerged, and identifies ways in which this practice could be refined or improved in future cases. The book is organised along six key themes: (i) the context of International Criminal Court investigations and prosecutions; (ii) the relationship of the Court to domestic jurisdictions; (iii) prosecutorial policy and practice; (iv) the applicable law; (v) fairness and expeditiousness of proceedings; and (vi) its impact and lessons learned. It shows the ways in which the Court has offered fresh perspectives on the theorization and conception of crimes, charges and individual criminal responsibility. It examines the procedural framework of the Court, including the functioning of different stages of proceedings. The Court's decisions have significant repercussions: on domestic law, criminal theory, and the law of other international courts and tribunals. In this context, the book assesses the extent to which specific approaches and assumptions, both positive and negative, regarding the potential impact of the Court are in need of re-thinking. This book will be essential reading for practitioners, scholars, and students of international criminal law.

Jahrbuch F R Recht Und Ethik

Author : Joachim Hruschka
ISBN : 3428108930
Genre : Law and ethics
File Size : 27. 3 MB
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Modern Law And Society

Author :
ISBN : UVA:X030605698
Genre : Law
File Size : 66. 26 MB
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Comparative Law

Author : Uwe Kischel
ISBN : 9780192508874
Genre : Law
File Size : 74. 45 MB
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Uwe Kischel's comprehensive treatise on comparative law offers a critical introduction to the central tenets of comparative legal scholarship. The first part of the book is dedicated to general aspects of comparative law. The controversial question of methods, in particular, is addressed by explaining and discussing different approaches, and by developing a contextual approach that seeks to engage with real-world issues and takes a practical perspective on contemporary comparative legal scholarship. The second part of the book offers a detailed treatment of the major legal contexts across the globe, including common law, civil law systems (based on Germany and France, and extended to Eastern Europe, Scandinavia, and Latin America, among others), the African context (with an emphasis on customary law), different contexts in Asia, Islamic law and law in Islamic countries (plus a brief treatment of Jewish law and canon law), and transnational contexts (public international law, European Union law, and lex mercatoria). The book offers a coherent treatment of global legal systems that aims not only to describe their varying norms and legal institutions but to propose a better way of seeking to understand how the overall context of legal systems influences legal thinking and legal practice.

Pr Ventive Tendenzen In Staat Und Gesellschaft Zwischen Sicherheit Und Freiheit

Author : Frank Schorkopf
ISBN : 9783863951689
Genre : International law
File Size : 74. 36 MB
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How can the tension between security and personal freedom be solved in the risk society of today? This publication discusses exemplary problems and develops solutions at the level of constitutional law, public international law, economic law, criminal law, and medical law.

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