Positive Obligations In Criminal Law
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Positive Obligations In Criminal Law
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Author : Andrew Ashworth
language : en
Publisher: A&C Black
Release Date : 2014-07-18
Positive Obligations In Criminal Law written by Andrew Ashworth and has been published by A&C Black this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-18 with Law categories.
This book offers a set of essays, old and new, examining the positive obligations of individuals and the state in matters of criminal law. The centrepiece is a new, extended essay on the criminalisation of omissions-examining the duties to act imposed on individuals and organisations by the criminal law, and assessing their moral and social foundations. Alongside this is another new essay on the state's positive obligations to put in place criminal laws to protect certain individual rights. Introducing the volume is the author's much-cited essay on criminalisation, 'Is the Criminal Law a Lost Cause?'. The book sets out to shed new light on contemporary arguments about the proper boundaries of the criminal law, not least by exploring the justifications for imposing positive duties (reinforced by the criminal law) on individuals and their relation to the positive obligations of the state.
Coercive Human Rights
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Author : Laurens Lavrysen
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-11-12
Coercive Human Rights written by Laurens Lavrysen and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-12 with Law categories.
Traditionally, human rights have protected those facing the sharp edge of the criminal justice system. But over time human rights law has become increasingly infused with duties to mobilise criminal law towards protection and redress for violation of rights. These developments give rise to a whole host of questions concerning the precise parameters of coercive human rights, the rationale(s) that underpin them, and their effects and implications for victims, perpetrators, domestic legal systems, and for the theory and practice of human rights and criminal justice. This collection addresses these questions with a focus on the rich jurisprudence of the European Court of Human Rights (ECtHR). The collection explores four interlocking themes surrounding the issue of coercive human rights: First, the key threads in the doctrine of the ECtHR on duties to mobilise the criminal law as a means of delivering human rights protection. Secondly, the factors that contribute to a readiness to demand coercive measures, including discrimination and vulnerability, and other key justificatory reasoning shaping the development of coercive human rights. Thirdly, the most pressing challenges for the ECtHR's coercive duties doctrine, including: - how it relates to theories and rationales of criminalisation and criminal punishment; - its implications for the fundamental tenets of human rights law itself; - its relationship to transitional justice objectives; and - how (far) it coheres with the imperative of effective protection for persons in precarious or vulnerable situations. Fourthly, the (prospective) evolution of the coercive human rights doctrine and its application within national jurisdictions.
The Development Of Positive Obligations Under The European Convention On Human Rights By The European Court Of Human Rights
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Author : Alastair R. Mowbray
language : en
Publisher:
Release Date : 2004
The Development Of Positive Obligations Under The European Convention On Human Rights By The European Court Of Human Rights written by Alastair R. Mowbray and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Human rights categories.
During the last thirty years the European Court of Human Rights has been developing, at an expanding pace, positive obligations under the European Convention. This monograph seeks to provide a critical analysis of the burgeoning case law concerning positive obligations, a topic which is relatively uncharted in the existing literature. Positive obligations require many different forms of action by member states, ranging from effectively investigating killings through to protecting peaceful demonstrators from violent attacks by their opponents. The contemporary significance of these obligations is graphically illustrated by the fact that it is the obligation upon states to provide fair trials to determine civil and criminal proceedings within a reasonable time that is the source of the overwhelming majority of complaints to the European Court in recent years. The study examines the legal bases and content of key positive obligations. Conclusions are then drawn concerning the reasons for the development of these obligations and areas of potential expansion are identified.
Prosecuting Human Rights Offences
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Author : Kresimir Kamber
language : en
Publisher: BRILL
Release Date : 2017-01-10
Prosecuting Human Rights Offences written by Kresimir Kamber and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-10 with Law categories.
In Prosecuting Human Rights Offences: Rethinking the Sword Function of Human Rights Law the author explores the features of the procedural obligation to investigate, prosecute and punish human rights offences, and explains how they determine the contemporary understanding of function of criminal prosecution.
The Development Of Positive Obligations Under The European Convention On Human Rights By The European Court Of Human Rights
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Author : Alastair Mowbray
language : en
Publisher: Bloomsbury Publishing
Release Date : 2004-01-30
The Development Of Positive Obligations Under The European Convention On Human Rights By The European Court Of Human Rights written by Alastair Mowbray and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-01-30 with Law categories.
During the last thirty years the European Court of Human Rights has been developing,at an expanding pace, positive obligations under the European Convention. This monograph seeks to provide a critical analysis of the burgeoning case law concerning positive obligations, a topic which is relatively uncharted in the existing literature. Positive obligations require many different forms of action by member states, ranging from effectively investigating killings through to protecting peaceful demonstrators from violent attacks by their opponents. The contemporary significance of these obligations is graphically illustrated by the fact that it is the obligation upon states to provide fair trials to determine civil and criminal proceedings within a reasonable time that is the source of the overwhelming majority of complaints to the European Court in recent years. The study examines the legal bases and content of key positive obligations. Conclusions are then drawn concerning the reasons for the development of these obligations and areas of potential expansion are identified.
Human Trafficking And Slavery Reconsidered
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Author : Vladislava Stoyanova
language : en
Publisher: Cambridge University Press
Release Date : 2017-03-16
Human Trafficking And Slavery Reconsidered written by Vladislava Stoyanova 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 2017-03-16 with Law categories.
An original analysis of the definition and scope of the right not to be held in slavery, servitude and forced labour.
Human Rights Obligations Of Non State Actors
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Author : Andrew Clapham
language : en
Publisher: OUP Oxford
Release Date : 2006-03-02
Human Rights Obligations Of Non State Actors written by Andrew Clapham and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-03-02 with Political Science categories.
The threats to human rights posed by non-state actors are of increasing concern. Human rights activists increasingly address the activity of multinational corporations, the policies of international organizations such as the World Bank and the World Trade Organization, and international crimes committed by entities such as armed opposition groups and terrorists. This book presents an approach to human rights that goes beyond the traditional focus on states and outlines the human rights obligations of non-state actors. Furthermore, it addresses some of the ways in which these entities can be held legally accountable for their actions in various jurisdictions. The political debate concerning the appropriateness of expanding human rights scrutiny to non-state actors is discussed and dissected. For some, extending human rights into these spheres trivializes human rights and allows abusive governments to distract us from ongoing violations. For others such an extension is essential if human rights are properly to address the current concerns of women and workers. The main focus of the book, however, is on the legal obligations of non-state actors. The book discusses how developments in the fields of international responsibility and international criminal law have implications for building a framework for the human rights obligations of non-state actors in international law. In turn these international developments have drawn on the changing ways in which human rights are implemented in national law. A selection of national jurisdictions, including the United States, South Africa and the United Kingdom are examined with regard to the application of human rights law to non-state actors. The book's final part includes suggestions with regard to understanding the parameters of the human rights obligations of non-state actors. Key to understanding the legal obligations of non-state actors are concepts such as dignity and democracy. While neither concept can unravel the dilemmas involved in the application of human rights law to non-state actors, a better understanding of the tensions surrounding these concepts can help us to understand what is at stake.
Human Rights In A Positive State
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Author : Laurens Lavrysen
language : en
Publisher:
Release Date : 2016
Human Rights In A Positive State written by Laurens Lavrysen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Convention for the Protection of Human Rights and Fundamental Freedoms categories.
Adaptation of the author's Ph.D. thesis--Ghent University, 2016.
The Oxford Handbook Of International Human Rights Law
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Author : Dinah Shelton
language : en
Publisher: OUP Oxford
Release Date : 2013-10-24
The Oxford Handbook Of International Human Rights Law written by Dinah Shelton and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-24 with Law categories.
The Oxford Handbook of International Human Rights Law provides a comprehensive and original overview of one of the fundamental topics within international law. It contains substantial new essays by more than forty leading experts in the field, giving students, scholars, and practitioners a complete overview of the issues that inform research, as well as a 'map' of the debates that animate the field. Each chapter features a critical and up-to-date analysis of the current state of debate and discussion, assessing recent work and advancing the understanding of all aspects of this developing area of international law. The Handbook consists of 39 chapters, divided into seven parts. Parts I and II explore the foundational theories and the historical antecedents of human rights law from a diverse set of disciplines, including the philosophical, religious, biological, and psychological origins of moral development and altruism, and sociological findings about cooperation and conflict. Part III focuses on the law-making process and categories of rights. Parts IV and V examine the normative and institutional evolution of human rights, and discuss this impact on various doctrines of general international law. The final two parts are more speculative, examining whether there is an advantage to considering major social problems from a human rights perspective and, if so, how that might be done: Part VI analyses current problems that are being addressed by governments, both domestically and through international organizations, and issues that have been placed on the human rights agenda of the United Nations, such as state responsibility for human rights violations and economic sanctions to enforce human rights; Part VII then evaluates the impact of international human rights law over the past six decades from a variety of perspectives. The Handbook is an invaluable resource for scholars, students, and practitioners of international human rights law. It provides the reader with new perspectives on international human rights law that are both multidisciplinary and geographically and culturally diverse.
Core Concepts In Criminal Law And Criminal Justice
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Author : Kai Ambos
language : en
Publisher: Cambridge University Press
Release Date : 2020-01-16
Core Concepts In Criminal Law And Criminal Justice written by Kai Ambos 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 2020-01-16 with Law categories.
A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.