Das Feindstrafrecht Als Komponente Des Pr Ventionsstaats
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Preventive Justice
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Author : Andrew Ashworth
language : en
Publisher: OUP Oxford
Release Date : 2014-03-27
Preventive Justice written by Andrew Ashworth and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-27 with Law categories.
This book arises from a three-year study of Preventive Justice directed by Professor Andrew Ashworth and Professor Lucia Zedner at the University of Oxford. The study seeks to develop an account of the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual. States today are increasingly using criminal law or criminal law-like tools to try to prevent or reduce the risk of anticipated future harm. Such measures include criminalizing conduct at an early stage in order to allow authorities to intervene; incapacitating suspected future wrongdoers; and imposing extended sentences or indefinate on past wrongdoers on the basis of their predicted future conduct - all in the name of public protection and security. The chief justification for the state's use of coercion is protecting the public from harm. Although the rationales and justifications of state punishment have been explored extensively, the scope, limits and principles of preventive justice have attracted little doctrinal or conceptual analysis. This book re-assesses the foundations for the range of coercive measures that states now take in the name of prevention and public protection, focussing particularly on coercive measures involving deprivation of liberty. It examines whether these measures are justified, whether they distort the proper boundaries between criminal and civil law, or whether they signal a larger change in the architecture of security. In so doing, it sets out to establish a framework for what we call 'Preventive Justice'.
Prevention And The Limits Of The Criminal Law
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Author : Andrew Ashworth
language : en
Publisher: OUP Oxford
Release Date : 2013-01-31
Prevention And The Limits Of The Criminal Law written by Andrew Ashworth and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-31 with Law categories.
Exploring the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual, this volume arises from a three-year study of Preventive Justice. The contributions examine whether and when preventive measures are justified, whether within or outwith the criminal law, and whether they signal a larger change in the architecture of security. Preventive measures include controversial crime control approaches such as pre-inchoate offences, pre-trial detention, restraining orders, and prevention detention of the dangerous. There are good reasons to justify state use of coercion to protect the public from harm, but while the rationales and justifications for state punishment have been extensively explored, the scope, limits, and principles of preventive justice have not received the same attention. This volume, written by world renowned scholars from different disciplinary backgrounds and jurisdictions, redresses the balance, assessing the foundations for the range of coercive measures that states now take in the name of prevention and public protection.
Overcriminalization
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Author : Douglas Husak
language : en
Publisher: Oxford University Press
Release Date : 2008-01-08
Overcriminalization written by Douglas Husak and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-08 with Philosophy categories.
The United States today suffers from too much criminal law and too much punishment. Husak describes the phenomena in some detail and explores their relation, and why these trends produce massive injustice. His primary goal is to defend a set of constraints that limit the authority of states to enact and enforce penal offenses. The book urges the weight and relevance of this topic in the real world, and notes that most Anglo-American legal philosophers have neglected it. Husak's secondary goal is to situate this endeavor in criminal theory as traditionally construed. He argues that many of the resources to reduce the size and scope of the criminal law can be derived from within the criminal law itself-even though these resources have not been used explicitly for this purpose. Additional constraints emerge from a political view about the conditions under which important rights such as the right implicated by punishment-may be infringed. When conjoined, these constraints produce what Husak calls a minimalist theory of criminal liability. Husak applies these constraints to a handful of examples-most notably, to the justifiability of drug proscriptions.
The Oxford Handbook Of Criminal Law
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Author : Markus D Dubber
language : en
Publisher: OUP Oxford
Release Date : 2014-11-27
The Oxford Handbook Of Criminal Law written by Markus D Dubber and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-27 with Law categories.
The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, 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. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.
Terrorism And The Law
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Author : Yonah Alexander
language : en
Publisher: Brill Nijhoff
Release Date : 2001
Terrorism And The Law written by Yonah Alexander and has been published by Brill Nijhoff this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Terrorism categories.
"The purpose of this book is to provide sample sources and court cases on the legal responses to terrorism both nationally and internationally." - p. vii.
Seeking Security
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Author : G R Sullivan
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-04-13
Seeking Security written by G R Sullivan and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-04-13 with Law categories.
Many academic criminal lawyers and criminal law theorists seek to resolve the optimum conditions for a criminal law fit to serve a liberal democracy. Typical wish lists include a criminal law that intervenes against any given individual only when there is a reasonable suspicion that s/he has caused harm to the legally protected interests of another or was on the brink of doing so. Until there is conduct that gives rise to a reasonable suspicion of criminal conduct by an individual, s/he should be allowed to go about his or her business free from covert surveillance or other forms of intrusion. All elements of crimes should be proved beyond any reasonable doubt. Any punishment should be proportionate to the gravity of the wrongdoing and when the offender has served this punishment the account should be cleared and good standing recovered. Seeking Security explores the gap between the normative aspirations of liberal, criminal law scholarship and the current criminal law and practice of Anglophone jurisdictions. The concern with security and risk, which in large part explains the disconnection between theory and practice, seems set to stay and is a major challenge to the form and relevance of a large part of criminal law scholarship.
For The Sake Of Present And Future Generations
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Author : Suzannah Linton
language : en
Publisher: BRILL
Release Date : 2015-07-24
For The Sake Of Present And Future Generations written by Suzannah Linton and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-07-24 with Law categories.
This Festschrift, edited by Professors Suzannah Linton, Gerry Simpson and William Schabas, brings together forty-one distinguished experts to honour Professor Roger Stenson Clark’s remarkable contribution to International Law.
The Law On Terrorism
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Author : Francesca Galli
language : en
Publisher:
Release Date :
The Law On Terrorism written by Francesca Galli and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
Comparative Concepts Of Criminal Law
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Author : Johannes Keiler
language : en
Publisher:
Release Date : 2019
Comparative Concepts Of Criminal Law written by Johannes Keiler and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Criminal law categories.
"This handbook ... fills a legal educational gap by exploring basic concepts of substantive criminal law in three major European legal systems: the common law system of England and Wales and the civil law systems of Germany and the Netherlands. Each chapter focuses on a specific concept or doctrine that is necessary to determine criminal liability (e.g. actus reus, mens rea, defences, inchoate offences). Throughout the book the authors also highlight and discuss some recent legislative and judicial developments that broaden the scope of criminal liability in our modern culture of control"--Back cover.
Magna Carta Religion And The Rule Of Law
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Author : Robin Griffith-Jones
language : en
Publisher: Cambridge University Press
Release Date : 2015-04-23
Magna Carta Religion And The Rule Of Law written by Robin Griffith-Jones and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-04-23 with History categories.
Jurists, historians and theologians from five faiths and three continents examine the importance of Magna Carta's religious foundations.
