Strafrechtspolitik
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National Socialist Criminal Law
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Author : Kai Ambos
language : en
Publisher: Nomos Verlag
Release Date : 2019-09-27
National Socialist Criminal Law written by Kai Ambos and has been published by Nomos Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-27 with Law categories.
Diese innovative Studie versteht das nationalsozialistische Strafrecht – in Übereinstimmung mit Kontinuitäts- und Radikalisierungsthese – als rassistisch (antisemitisch), völkisch ("germanisch") und totalitär ausgerichtete Fortschreibung der autoritären und antiliberalen Tendenzen des deutschen Strafrechts der Jahrhundertwende und der Weimarer Republik. Dies wird durch die systematisch-analytische Aufbereitung der Texte relevanter Autoren belegt, wobei es primär um die – für sich selbst sprechenden – Texte, nicht die moralische Beurteilung ihrer Verfasser geht. Dabei werden auch Erkenntnisse zur Rezeption des deutschen (NS-) Strafrechts in Lateinamerika mitgeteilt. Die besagte Kontinuität existierte nicht nur rückwärtsgewandt (post-Weimar), sondern auch zukunftsgerichtet (Bonner Republik). Kurzum, das NS-Strafrecht kam weder aus dem Nichts noch ist es nach 1945 völlig verschwunden. Der zeitgenössische Versuch der identitären Rekonstruktion des germanischen Mythos durch die sog. "neue Rechte" schließt daran nahtlos an.
Liberal Criminal Theory
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Author : A P Simester
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-12-01
Liberal Criminal Theory written by A P Simester and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-01 with Law categories.
This book celebrates Andreas (Andrew) von Hirsch's pioneering contributions to liberal criminal theory. He is particularly noted for reinvigorating desert-based theories of punishment, for his development of principled normative constraints on the enactment of criminal laws, and for helping to bridge the gap between Anglo-American and German criminal law scholarship. Underpinning his work is a deep commitment to a liberal vision of the state. This collection brings together a distinguished group of international authors, who pay tribute to von Hirsch by engaging with topics on which he himself has focused. The essays range across sentencing theory, questions of criminalisation, and the relation between criminal law and the authority of the state. Together, they articulate and defend the ideal of a liberal criminal justice system, and present a fitting accolade to Andreas von Hirsch's scholarly life.
The Balkans On Trial
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Author : Carole Hodge
language : en
Publisher: Routledge
Release Date : 2019-05-10
The Balkans On Trial written by Carole Hodge and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-10 with Political Science categories.
This book assesses the International Criminal Tribunal for former Yugoslavia’s (ICTY) legacy and examines the conflicting intersection of law and politics in the search for justice, both thematically and through close analysis of some of the major trials. It analyses the related case brought against Serbia and Montenegro by Bosnia and Herzegovina at the International Court of Justice (ICJ), as well as the Ganic case in London where the ICTY and ICJ findings were challenged. The book addresses the following questions: To what extent the political climate in which the ICTY was conceived, and continues to operate, has affected the declared aims of its founders? Have political considerations and political correctness, and the perceived need for political stability and democratic transition, at times proved an obstacle to the administration of justice? Are some of the acknowledged failings of international policy in the 1990s finding some resonance in more recent court proceedings? This highly relevant and comprehensive book will be of interest to students and scholars of political science, international relations, transitional justice, Balkan area studies, human rights law, international criminal and peace and conflict studies.
Justice Home Affairs And Security European And International Institutional And Policy Development
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Author : G. Vermeulen
language : en
Publisher: Maklu
Release Date : 2017-02-15
Justice Home Affairs And Security European And International Institutional And Policy Development written by G. Vermeulen and has been published by Maklu this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-15 with Crime prevention categories.
This book offers an insight into the historical, institutional and topical development of the EU policy in the areas of justice, home affairs and security, well-embedded in a broader international context. The main part of the book, dedicated to the EU, is therefore preceded by a part on relevant cooperation on the Benelux and Schengen levels and followed by a part on cooperation in the areas concerned on Council of Europe, NATO, OSCE, G8, OECD and UN levels. Without a proper understanding of those cooperation levels, the development and functioning of the EU would be hard to fully grasp. Before addressing the actual policy dimension, all parts start with a historical introduction and a sketch of institutional structures and functioning. For students and professionals in criminology, law and political science, and every one interested in European and international criminal policy making this book will prove relevant or insightful.
Between Justice And Stability
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Author : Dr Mladen Ostojic
language : en
Publisher: Ashgate Publishing, Ltd.
Release Date : 2014-09-28
Between Justice And Stability written by Dr Mladen Ostojic and has been published by Ashgate Publishing, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-28 with Law categories.
Exploring the impact of the International Criminal Tribunal (ICTY) on regime change in Serbia, this book examines the relationship between international criminal justice and democratisation. It analyses in detail the repercussions of the ICTY on domestic political dynamics and provides an explanatory account of Serbia’s transition to democracy. Lack of cooperation and compliance with the ICTY was one of the biggest obstacles to Serbia’s integration into Euro-Atlantic political structures following the overthrow of Milošević. By scrutinising the attitudes of the Serbian authorities towards the ICTY and the prosecution of war crimes, Ostojić explores the complex processes set in motion by the international community’s policies of conditionality and by the prosecution of the former Serbian leadership in The Hague. Drawing on a rich collection of empirical data, he demonstrates that the success of international judicial intervention is premised upon democratic consolidation and that transitional justice policies are only ever likely to take root when they do not undermine the stability and legitimacy of political institutions on the ground.
Beitr Ge Zum Strafrecht Und Zur Strafrechtspolitik
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Author : Thomas Vormbaum
language : de
Publisher: LIT Verlag Münster
Release Date : 2018-07-24
Beitr Ge Zum Strafrecht Und Zur Strafrechtspolitik written by Thomas Vormbaum and has been published by LIT Verlag Münster this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-24 with Crime categories.
In The Name Of The Volk
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Author : Hannsjoachim Wolfgang Koch
language : en
Publisher:
Release Date : 1989
In The Name Of The Volk written by Hannsjoachim Wolfgang Koch and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Courts categories.
In 1934 the Nazis set up a special court to deal with treason against the German state. Between 1934 and 1945 this court - the Volksgerichtshof or People's Court - condemned more than 12,000 civilians to death and sent thousands more to concentration camps. Yet in spite of its blatantly political character, the People's Court was never indicted, either at Nuremberg or in subsequent trials.
China S Legal Awakening
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Author : Carlos Wing-hung Lo
language : en
Publisher: Hong Kong University Press
Release Date : 1995-07-01
China S Legal Awakening written by Carlos Wing-hung Lo and has been published by Hong Kong University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995-07-01 with Law categories.
After decades of nihilistic rule under Mao Zedong, can legal order be restored in China? How successful is Deng Xiaoping's initiative in developing a socialist legal system? Where is China on its road to the 'rule of law'? This book illustrates - through the analysis of more than two hundred criminal cases selected from Minzhu yu fazhi (Democracy and the Legal System) in the period 1979-89 - that the establishment of a formal criminal justice system and the development of an embryonic socialist theory of law in China reflect a genuine and widespread legal awakening. A rudimentary legal culture has taken hold among Party leaders, cadres, judicial personnel, intellectuals and the general public. Nevertheless, the contradiction between legal order and Party supremacy remains, as demonstrated by the June Fourth incident in Beijing and the ensuing trials of the 1989 dissidents.
The Un International Criminal Tribunals
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Author : Klaus Bachmann
language : en
Publisher: Routledge
Release Date : 2015-03-24
The Un International Criminal Tribunals written by Klaus Bachmann and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-03-24 with Political Science categories.
Both the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) are now about to close. Bachmann and Fatic look back at the achievements and shortcomings of both tribunals from an interdisciplinary perspective informed by sociology, political science, history, and philosophy of law and based upon on two key notions: the concepts of legitimacy and efficiency. The first asks to what extent the input (creation) of, the ICTY and the ICTR can be regarded as legitimate in light of the legal and public debate in the early 1990s. The second confronts the output (the procedures and decisions) of the ICTY and the ICTR with the tasks both tribunals were assigned by the UN Security Council, the General Assembly, and by key organs (the president and the chief prosecutors). The authors investigate to what extent the ICTY and the ICTR have delivered the expected results, whether they have been able to contribute to 'the maintenance of peace', 'stabilization' of the conflict regions, or even managed to provide 'reconciliation' to Rwanda. Furthermore, the book is concerned with how many criminals, over whom the ICTY and the ICTR wield jurisdiction, have actually been prosecuted and at what cost. Offering the first balanced and in depth analysis of the International Criminal Tribunals, the volume provides an important insight into what lessons have been learned, and how a deeper understanding of the successes and failures can benefit the international legal community in the future.
Truth On Trial In Thailand
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Author : David Streckfuss
language : en
Publisher: Routledge
Release Date : 2010-09-13
Truth On Trial In Thailand written by David Streckfuss and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-09-13 with History categories.
Since 2005, Thailand has been in crisis, with unprecedented political instability and the worst political violence seen in the country in decades. In the aftermath of a military coup in 2006, Thailand’s press freedom ranking plunged, while arrests for lèse-majesté have skyrocketed to levels unknown in the modern world. Truth on Trial in Thailand traces the 110-year trajectory of defamation-based laws in Thailand. The most prominent of these is lèse-majesté, but defamation aspects also appear in laws on sedition and treason, the press and cinema, anti-communism, contempt of court, insulting of religion, as well as libel. This book makes the case that despite the appearance of growing democratization, authoritarian structures and urges still drive politics in Thailand; the long-term effects of defamation law adjudication has skewed the way that Thai society approaches and perceives "truth." Employing the work of Habermas, Foucault, Agamben, and Schmitt to construct an alternative framework to understand Thai history, Streckfuss contends that Thai history has become "suspended" since 1958, and repeatedly declining to face the truth of history has set the stage for an endless state of crisis. This book will be of interest to students and scholars of South East Asian politics, Asian history, and media and communication. David Streckfuss is an independent scholar who has lived in Thailand for more than 20 years. His work primarily concerns human rights, and political and cultural history.