Straftatbegriff Und Diskurstheorie
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Straftatbegriff Und Diskurstheorie
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Author : Simon Maly
language : de
Publisher: V&R Unipress
Release Date : 2022-06-13
Straftatbegriff Und Diskurstheorie written by Simon Maly and has been published by V&R Unipress this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-13 with Law categories.
Die bereits seit der Aufklärung geführte Diskussion über einen materiellen, vorrechtlichen Straftatbegriff führt zwangsläufig zu der rechtsphilosophischen Debatte um den Geltungsursprung des Rechts. In der Auseinandersetzung mit den historischen Ursprüngen der Lehre vom strafrechtlichen Rechtsgüterschutz und den gegenwärtig vertretenen Strafrechtslegitimationskonzepten stellt Simon Maly die These auf, dass eine kohärente Antwort auf die Frage, woraus der Staat sein Recht zu strafen bezieht und welchen Grenzen er dabei unterliegt, bisher nicht gelungen ist. Der Autor begründet das Strafrecht aus diesem Grund diskurstheoretisch und gelangt zu dem Ergebnis, dass die Diskurstheorie des Rechts viele der bisherigen Begründungsprobleme lösen kann, indem sie einen Reflexionsschritt hinter die bislang entwickelten Konzepte der Strafrechtsbegründung geht und den der Geltungsfrage vorausgehenden Ursprung des Rechts in den innerhalb einer Gesellschaft stattfindenden kommunikativen Verständigungsprozessen sucht. The discussion about a substantive, pre-legal concept of criminal law, which has been going on since the Enlightenment, inevitably leads to the philosophical debate about the origin of law. In dealing with the historical and current ideas of the legitimation of criminal law, the author puts forward the thesis that a coherent answer to the question of where a society derives its ius puniendi and what limits it is subject to has not yet been found. For this reason, the author examines criminal law in discourse theory and comes to the conclusion that a discourse theory of law can solve many of the previous problems by taking a step behind the concepts developed so far and finding the origin of criminal law in the communicative processes within a society. The analysis finally leads to the result that the essential element of criminal law can be found in a modern criminal theory based on the idea of communicative rationality: In a democratic society, criminal law serves to protect an objective freedom that is understood not only individually but also communicatively.
Criminal Law
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Author : Markus Dirk Dubber
language : en
Publisher:
Release Date : 2002
Criminal Law written by Markus Dirk Dubber and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Criminal justice, Administration of categories.
The Model Penal Code has been called the principal text in criminal law teaching. It is an ambitious, and influential, attempt to work out the principles of American criminal law in a systematic way. By highlighting the Code's conceptual structure, this study aid helps students to navigate the Code's complex provisions and helps teachers unlock its full pedagogic potential, one all too easily obscured by a fragmented discussion of Code sections dealing with a variety of topics. The appendix includes the text of the Model Penal Code, parts I & II.
Principles Procedure And Justice
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Author : Rabeea Assy
language : en
Publisher: Oxford University Press, USA
Release Date : 2020-05-14
Principles Procedure And Justice written by Rabeea Assy and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-14 with Law categories.
This collection is in honour of Adrian Zuckerman, Emeritus Professor of Civil Procedure at the University of Oxford. Bringing together a distinguished group of judges and academics to reflect on the impact of his work on our understanding of civil procedure and evidence today. An internationally renowned scholar, Professor Zuckerman has dedicated his professional life to the law of evidence and civil procedure, drawing attention to the principles and policies that shape litigation practice and their wider social impact. His pioneering scholarship is admired by the judiciary and the academy and has influenced several major reforms of the civil justice system including the Woolf Reforms that heralded the introduction of the Civil Procedure Rules, and Lord Justice Jackson's Review of Civil Litigation Costs. His work has also informed law reform bodies and courts in other jurisdictions. Building upon Professor Zuckerman's work, the contributors address outstanding problems in the field of civil procedure and evidence, and in keeping with Adrian's record of always exploring new areas, the book includes chapters on the prospects for a digital justice system, including the new online court being developed in England and the potential role of algorithms in the court room.
Austrian Review Of International And European Law
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Author : Gerhard Loibl
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2004
Austrian Review Of International And European Law written by Gerhard Loibl and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
"The Austrian Review of International and European Law" is an annual publication that provides a scholarly forum for the discussion of issues of public international and European law, with particular emphasis on topics of special interest for Austria. Its analytical articles focus on theoretical questions, current developments, and emerging tendencies in all areas of the field, including detailed reviews of relevant recent literature. Issues of human rights law and the law of international organisations are also covered. An important integral element of the Review is its digest of Austrian practice in public international law, encompassing both executive and judicial developments. The editorial board and advisory board comprise scholars and practitioners in public international and European law, ensuring that the Review adequately reflects the interrelationships between current developments and the continuing evolution of this important area of legal theory and practice.
Principles Of International Criminal Law
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Author : Gerhard Werle
language : en
Publisher: Oxford University Press
Release Date : 2014
Principles Of International Criminal Law written by Gerhard Werle 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 2014 with Law categories.
Principles of International Criminal Law is one of the leading textbooks in the field. This third edition builds on the highly-successful work of the previous editions, setting out the general principles governing international crimes as well as the fundamentals of both substantive and procedural international criminal law.
Lehrbuch Des Gemeinen In Deutschland G Ltigen Peinlichen Rechts
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Author : Paul Johann Anselm Von Feuerbach
language : en
Publisher: Franklin Classics Trade Press
Release Date : 2018-11-13
Lehrbuch Des Gemeinen In Deutschland G Ltigen Peinlichen Rechts written by Paul Johann Anselm Von Feuerbach and has been published by Franklin Classics Trade Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-13 with History categories.
This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Die Welt Des Menschen Die Welt Der Philosophie
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Author : Walter Biemel
language : de
Publisher: Springer
Release Date : 2013-11-09
Die Welt Des Menschen Die Welt Der Philosophie written by Walter Biemel and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-09 with Philosophy categories.
Crimes And Punishments
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Author : James Anson Farrer
language : en
Publisher:
Release Date : 1880
Crimes And Punishments written by James Anson Farrer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1880 with Capital punishment categories.
Of The Vocation Of Our Age For Legislation And Jurisprudence
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Author : Friedrich Karl von Savigny
language : en
Publisher:
Release Date : 1981
Of The Vocation Of Our Age For Legislation And Jurisprudence written by Friedrich Karl von Savigny and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1981 with categories.
Christian Charismatic Movements
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Author : Andrzej Siemieniewski
language : en
Publisher: Vandenhoeck & Ruprecht
Release Date : 2021-10-11
Christian Charismatic Movements written by Andrzej Siemieniewski and has been published by Vandenhoeck & Ruprecht this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-11 with Religion categories.
The New Testament shows the early Church as having both stable institutions and dynamic growth in charismatic ministries. In the twenty-first century, although many historically-determined inessentials have changed, the Church’s structure remains fundamentally the same. This study looks at New Testament ministries (Eph 4:11-12), Baptism in the Holy Spirit, and the history of the gift of tongues from the Acts of the Apostles through to the charismatics of our time, to see how these elements contribute to the fast-paced, global phenomenon we call the “pentecostalization” of modern Christianity. Our research shows that much of what appears to be novel in current ecclesial movements is the fruit of charisms that have been poured out from the beginning. The disciples of Christ are still bringing “out of his treasure what is new and old.”
