Judgments Of Love In Criminal Justice
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Judgments Of Love In Criminal Justice
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Author : Farhad Malekian
language : en
Publisher: Springer
Release Date : 2017-03-31
Judgments Of Love In Criminal Justice written by Farhad Malekian and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-31 with Law categories.
This volume is a new chapter in the future history of law. Its general perspective could not be more original and its critical ethical edge on the state of international law could not be timelier. It explores a compassionate philosophical approach to the genuine substance of law, criminal procedure, international criminal law and international criminal justice. It divides law into three interrelated disciplines, i.e. legality, morality and love. The norm love is derived from human reason for man’s advancement and the securing of natural law. It is more than a mere mandatory norm. Its goal is to generate a normative and positive, powerful result, therefore avoiding any impurity that may exist in the application of other norms because of political or juridical pressures - a one-eyed justice. The norm love also renders justice with the principles of legal accountability, transparency and the high moral, authentic values of humanity. The notion of justice cannot be trusted in the absence of the norm love. The volume indicates the conditions of its efficiency by proving the reasons for its existence in the context of fairness, objectivity and concern for all individuals and entities. The concept of the norm love should be the core academic corpus for lecturing law in all faculties of law. It is simply the enlightenment of the 21st century. A lawyer with requisite knowledge and skill is not a lawyer if he cannot understand that the law does not need a lawyer with ethical competence in its provisions for income purposes but one with knowledge of its essence for the advanced morality of justice and the sheer essence of love for justice.
A Unified Theory Of Justice And Crime
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Author : Michael J. DeValve
language : en
Publisher: Rowman & Littlefield
Release Date : 2018-09-15
A Unified Theory Of Justice And Crime written by Michael J. DeValve and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-15 with Social Science categories.
Despite great effort and some improvements, criminal justice today still seems like an oxymoron. There are some very good reasons for this feeling: catastrophic failures abound and marginal improvements appear revolutionary. This book addresses the idea of justice in order to guide society toward a more effective justice system. Specifically, the authors argue that justice and love are one and the same thing. They trace impoverished and accomplished thinking in criminological and justice discourses and show that the historic ills that have plagued humanity tend to evaporate when justice and love are understood to be synonyms.
Corpus Juris Of Islamic International Criminal Justice
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Author : Farhad Malekian
language : en
Publisher: Cambridge Scholars Publishing
Release Date : 2018-09-30
Corpus Juris Of Islamic International Criminal Justice written by Farhad Malekian and has been published by Cambridge Scholars Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-30 with Law categories.
This pioneering scholarly oeuvre evaluates the major comparative philosophy of Islamic international criminal justice. It represents an in-depth analysis of the necessities of creating an Islamic international criminal court, its possible jurisdiction, proceedings, judgments, and sanctions. It implies a court functioning under the legal personality of the International Criminal Court, with comparative international criminal lawyers with basic knowledge of Shariah contributing to the prevention of crimes and impunity at an international level. The morality and philosophy of Islamic justice are highly relevant with reference to the atrocities committed explicitly or implicitly under the pretext of Islamic rules by superiors, groups and governments. The volume focuses on substantive criminal law and three methods of the criminal procedure, namely the inquisitorial, adversarial, and adquisitorial. The first two constitute the corpus juris of civil and common law systems. The third term presents a hybrid of the first two methods. The intention is to enhance the scope of each method of the criminal procedure comprehensively. The volume examines their variations and effects on a shared system of international criminal justice. The inherence of comparable norms in the foundation of Islamic and international criminal law affirms their efficiency in the implementation of the essence of the complementarity principle. This book will appeal to readers who are interested in comparative criminal law, international criminal justice, and Shariah criminal law. It is recommended for course literature.
The Mirage Of International Criminal Law
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Author : Farhad Malekian
language : en
Publisher: Cambridge Scholars Publishing
Release Date : 2018-10-01
The Mirage Of International Criminal Law written by Farhad Malekian and has been published by Cambridge Scholars Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-01 with Law categories.
This book explores, from various perspectives, Kant’s codex of the categorical imperative and the supreme principle of morality in juxtaposition with the monopolisation of the rules of international criminal law. Kant’s reference to the term ‘propensity to evil in human nature’ is a much more serious iniquity universally in the nature of the Security Council than the concepts of a mens rea and actus reus in criminal law. His decisive warning foreshadows that the inclinations towards self-interest, self-love, and intent in collective mens rea within the resolutions of the Security Council prevent states from striving towards the supreme maxim of a genuine international moral worth. The idea of international criminal law is, thus, viewed as a ‘mirage’. Essentially, certain rules of the United Nations Charter, the system of international criminal justice, human rights law, and humanitarian law, like a fata morgana, are crucial if unattainable. The permanent members of the Security Council are deceiving the world by propagating a variety of excuses with the core objective of economic gain. This book will be of interest to anyone enthusiastic about positive law, the nature of criminal justice, classical moral philosophy, politics, and economics.
A Different Justice
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Author : Michael J. DeValve
language : en
Publisher:
Release Date : 2015
A Different Justice written by Michael J. DeValve and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Criminal justice, Administration of categories.
Available in ebook and as print on demand via RedShelf The criminal justice system in America does not work, and, from the perspective of current criminological thought, no ideas exist for how to truly fix it. The fault lies not with criminology as a discourse, but with us as individuals. We must, together, address three fundamental questions regarding our capacity and willingness to make a justice system of which we would be proud to pass off to our children. Specifically, we must decide (1) whether or not we are permanently saddled with a hobbling justice system; (2) if we are not inextricably bound to brokenness, whether we are brave enough to strike out for the undiscovered country; and (3) if we have the ability to embrace love despite the vulnerability it imposes. Specifically, each of us must find within ourselves the capacity to bravely love, without qualification, ourselves, each other, and our world. The purpose of this work is to discover what justice would look like were it predicated on love. Sacred sources, including Christianity, Islam, Buddhism, and Hinduism, along with the thought of scholars like Erich Fromm, Karl Marx, Simone Weil, and Paolo Freire, are examined in detail for insights into the nature of love. Space is devoted to an attempt to understand why American justice practice is so broken despite the noble work of so many. The last two chapters offer both a criminology of love and a sketch of a criminal justice system predicated on love.
Conscience And Love In Making Judicial Decisions
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Author : Alexander Nikolaevich Shytov
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-03-14
Conscience And Love In Making Judicial Decisions written by Alexander Nikolaevich Shytov and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-14 with Philosophy categories.
THE CONSCIENCE OF JUDGES AND APPLICA nON OF LEGAL RULES The book is devoted to the problem of the influence of moral judgements on the result of judicial decision-making in the process of application of the established (positive) law. It is the conscience of judges that takes the central place in the research. Conscience is understood in the meaning developed in the theory of Thomas Aquinas as the complex capacity of the human being to make moral judgements which represent acts of reason on the question of what is right or wrong in a particular situation. The reason why we need a theory of conscience in making judicial decisions lies in the nature of the positive law itself. On the one hand, there is an intrinsic conflict between the law as the body of rigid rules and the law as an living experience of those who are involved in social relationships. This conflict particularly finds its expression in the collision of strict justice and equity. The idea of equity does not reject the importance of rules in legal life. What is rejected is an idolatrous attitude to the rules when the uniqueness of a human being, his well being and happiness are disregarded and sacrificed in order to fulfil the observance of the rules. The rules themselves are neither good or bad. What makes them good or bad is their application.
Christianity And Criminal Law
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Author : Mark Hill QC
language : en
Publisher: Routledge
Release Date : 2020-05-28
Christianity And Criminal Law written by Mark Hill QC and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-28 with History categories.
This collection, by leading legal scholars, judges and practitioners, together with theologians and church historians, presents historical, theological, philosophical and legal perspectives on Christianity and criminal law. Following a Preface by Lord Judge, formerly Lord Chief Justice of England and Wales, and an introductory chapter, the book is divided into four thematic sections. Part I addresses the historical contributions of Christianity to criminal law drawing on biblical sources, early church fathers and canonists, as far as the Enlightenment. Part II, titled Christianity and the principles of criminal law, compares crime and sin, examines concepts of mens rea and intention, and considers the virtue of due process within criminal justice. Part III looks at Christianity and criminal offences, considering their Christian origins and continuing relevance for several basic crimes that every legal system prohibits. Finally, in Part IV, the authors consider Christianity and the enforcement of criminal law, looking at defences, punishment and forgiveness. The book will be an invaluable resource for students and academics working in the areas of Law and Religion, Legal Philosophy and Theology.
Punishment Danger And Stigma
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Author : Nigel Walker
language : en
Publisher: Rowman & Littlefield
Release Date : 1980
Punishment Danger And Stigma written by Nigel Walker and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 1980 with Law categories.
To find more information about Rowman and Littlefield titles, please visit www.rowmanlittlefield.com.
Law And Religion
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Author : Wim Decock
language : en
Publisher: Vandenhoeck & Ruprecht
Release Date : 2014-09-17
Law And Religion written by Wim Decock and has been published by Vandenhoeck & Ruprecht this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-17 with Religion categories.
Wim Decockcollects contributions by internationally renowned experts in law, history and religion on the impact of the Reformations on law, jurisprudence and moral theology. The overall impression conveyed by the essays is that on the level of substantive doctrine (the legal teachings) there seems to be more continuity between Protestant and Catholic, or, for that matter, between medieval and early modern jurisprudence and theology than usually expected. As it is illustrated with regards to topics ranging from just war doctrine over business ethics to marriage law, at the very least there appears to have been an on-going conversation between jurists and theologians across the confessional divide. This does not prevent some contributions from highlighting that on the institutional level, for instance in university politics, radical tensions between Reformers and Counter-Reformers played a paramount role. This book also offers approaches to the relationship between Church(es) and State(s) in the early modern period and to the practical as well as doctrinal use of natural law in both Protestant and Catholic lands.
Looking For Love In The Legal Discourse Of Marriage
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Author : Renata Grossi
language : en
Publisher: ANU Press
Release Date : 2014-09-01
Looking For Love In The Legal Discourse Of Marriage written by Renata Grossi and has been published by ANU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-01 with Law categories.
This book examines the (in)visibility of romantic love in the legal discourse surrounding modern Australian marriage. It looks at how romantic love has become a core part of modernity, and a dominant part of the Western marriage discourse, and considers how the ideologies of romantic love are (or are not) replicated in the legal meaning of marriage. This examination raises two key issues. If love has become central to people’s understanding of marriage, then it is important for the legitimacy of law that love is reflected in both the content and application of the law. More fundamentally, it requires us to reconsider how we understand law, and to ask whether it is engaged with emotions, or separate from them. Along the way this book also considers the meaning of love itself in contemporary society, and asks whether love is a radical force capable of breaking down conservative meanings embedded in institutions like marriage, or whether it simply mirrors them. This book will be of interest to everyone working on love, marriage and sexuality in the disciplines of law, sociology and philosophy.