The Ethical Legitimization Of Criminal Law
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The Ethical Legitimization Of Criminal Law
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Author : Krzysztof Szczucki
language : en
Publisher: Rowman & Littlefield
Release Date : 2022-05-09
The Ethical Legitimization Of Criminal Law written by Krzysztof Szczucki and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-09 with Law categories.
When creating the norms of criminal law, the legislator should strive for their compatibility with the principle of human dignity while taking into account the ethical legitimacy of criminal law. This thesis is the axis around which The Ethical Legitimization of Criminal Law is constructed. Szczucki shows that criminal law is like a suit; to be a perfect fit, it has to be tailor-made. That is why he argues for three points of reference to guide moral evaluation of criminal law: first, the coherence of the legal system; second, the will of the legislator; and third, the virtues of citizens. Only by analyzing these concepts together in the context of legal culture can one answer the question of what makes good criminal law. The book concludes that an ethical perspective in analyzing, grounding, and evaluating criminal law is inevitable. Appealing to researchers, scholars, and professionals from across the criminal and legal spectrum, this book explores fundamental questions about the nature of ethical perspective in legal analysis.
Legitimacy And Compliance In Criminal Justice
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Author : Adam Crawford
language : en
Publisher: Routledge
Release Date : 2013
Legitimacy And Compliance In Criminal Justice written by Adam Crawford and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Law categories.
This book aims to explore a number of connected themes relating to compliance, legitimacy and trust in different areas of criminal justice and socio-legal regulation.
Legitimacy And Trust In Criminal Law Policy And Justice
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Author : Professor Nina Peršak
language : en
Publisher: Ashgate Publishing, Ltd.
Release Date : 2014-05-28
Legitimacy And Trust In Criminal Law Policy And Justice written by Professor Nina Peršak 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 2014-05-28 with Law categories.
Whereas previous studies of legitimacy and trust have mostly dealt with procedural justice and the police, this book focuses on other crucial understudied aspects of legitimacy within criminal law, policy and criminal justice. The chapters expand and develop current criminological, legal and socio-legal research by addressing conceptions of legitimacy linked to criminal law norms, criminalisation and sanctioning; by examining EU legal and policy aspects of the phenomenon; and by exploring some specific court-related issues of legitimacy and trust, hitherto neglected. With contributions from across the EU, this interdisciplinary collection presents a valuable discussion on the importance of trust in legal institutions of modern democracies and suggests ideas for future research in this area to challenge ways of thinking about legitimacy.
Criminal Law And The Authority Of The State
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Author : Antje du Bois-Pedain
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-05-04
Criminal Law And The Authority Of The State written by Antje du Bois-Pedain and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-04 with Law categories.
How does the state, as a public authority, relate to those under its jurisdiction through the criminal law? Connecting the ways in which criminal lawyers, legal theorists, public lawyers and criminologists address questions of the criminal law's legitimacy, contributors to this collection explore issues such as criminal law-making and jurisdiction; the political-ethical underpinnings of legitimate criminal law enforcement; the offence of treason; the importance of doctrinal guidance in the application of criminal law; the interface between tort and crime; and the purposes and mechanisms of state punishment. Overall, the collection aims to enhance and deepen our understanding of criminal law by conceiving of the practices of criminal justice as explicitly and distinctly embedded in the project of liberal self-governance.
Shocking The Conscience Of Humanity
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Author : Margaret M. deGuzman
language : en
Publisher: Oxford University Press
Release Date : 2020-04-13
Shocking The Conscience Of Humanity written by Margaret M. deGuzman 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 2020-04-13 with Law categories.
The most commonly cited justification for international criminal law is that it addresses crimes of such gravity that they "shock the conscience of humanity." From decisions about how to define crimes and when to exercise jurisdiction, to limitations on defences and sentencing determinations, gravity rhetoric permeates the discourse of international criminal law. Yet the concept of gravity has thus far remained highly undertheorized. This book uncovers the consequences for the regime's legitimacy of its heavy reliance on the poorly understood idea of gravity. Margaret M. deGuzman argues that gravity's ambiguity may at times enable a thin consensus to emerge around decisions, such as the creation of an institution or the definition of a crime, but that, increasingly, it undermines efforts to build a strong and resilient global justice community. The book suggests ways to reconceptualize gravity in line with global values and goals to better support the long-term legitimacy of international criminal law.
Shocking The Conscience Of Humanity
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Author : Margaret M. deGuzman
language : en
Publisher: Oxford University Press
Release Date : 2020-04-13
Shocking The Conscience Of Humanity written by Margaret M. deGuzman 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 2020-04-13 with Law categories.
The most commonly cited justification for international criminal law is that it addresses crimes of such gravity that they "shock the conscience of humanity." From decisions about how to define crimes and when to exercise jurisdiction, to limitations on defences and sentencing determinations, gravity rhetoric permeates the discourse of international criminal law. Yet the concept of gravity has thus far remained highly undertheorized. This book uncovers the consequences for the regime's legitimacy of its heavy reliance on the poorly understood idea of gravity. Margaret M. deGuzman argues that gravity's ambiguity may at times enable a thin consensus to emerge around decisions, such as the creation of an institution or the definition of a crime, but that, increasingly, it undermines efforts to build a strong and resilient global justice community. The book suggests ways to reconceptualize gravity in line with global values and goals to better support the long-term legitimacy of international criminal law.
The Dual Penal State
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Author : Markus D. Dubber
language : en
Publisher: Oxford University Press
Release Date : 2018-09-04
The Dual Penal State written by Markus D. Dubber 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 2018-09-04 with Law categories.
In The Dual Penal State, Markus Dubber addresses the rampant use of penal power in Western liberal democracies. The interference with the autonomy of the very persons upon whose autonomy the legitimacy of state power is supposed to rest is systemically normalized, rather than continuously scrutinized. The fundamental challenge of the penal paradox-the prima facie illegitimacy of modern punishment-remains unaddressed and unresolved. Focusing on the United States and Germany, and drawing on his influential account of the patriarchal origins of police power, Dubber exposes the persistence of a two-sided criminal justice regime: the dual penal state. The dual penal state combines principled punishment of equals under the rule of law, on one side, with punitive discipline of others under the rule of police, on the other. Slavery has long played a central role in drawing the line between the two sides of the dual penal state. In Europe, the slave appears in the classic and still foundational accounts of liberal punishment (from Beccaria to Kant) as the paradigmatic other beyond the protection of law, not a legal subject but a mere object of the master's or the state's discretionary discipline. In America, the patriarchal power to police portrays the continuum from the antebellum slaveholder's whipping of his slaves in private and the racial terror perpetrated by slave patrols in public, to the apartheid regime of Jim Crow and the treatment of prisoners as "slaves of the state," and eventually to the late 20th century's systemic racial violence of the “war on crime" and the widespread killing of Black suspects by an increasingly militarized and armed police force that triggered the global Black Lives Matter movement.
Trust And Legitimacy In Criminal Justice
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Author : Gorazd Meško
language : en
Publisher: Springer
Release Date : 2014-11-18
Trust And Legitimacy In Criminal Justice written by Gorazd Meško and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-18 with Social Science categories.
The book explores police legitimacy and crime control, with a focus on the European region. Using comparative case studies, the contributions to this timely volume examine the effects of a transition to democracy on policing, public attitudes towards police legitimacy, and the ways in which perceptions of police legitimacy relate to compliance with the law. Following these case studies, the authors provide recommendations for improving police legitimacy and controlling crime, in these particular sociopolitical environments, where the police are often associated with previous military or paramilitary roles. The techniques used by these researchers may be applied to studies for policing in other regions, with potential applications within Europe and beyond. Chapters present topical issues of crime, crime control and human emotions regarding crime, criminals, law enforcement and punishment in contemporary societies. This book will be of interest to researchers in criminology and criminal justice, as well as political science and public policy. This book is highly recommended for anyone interested in procedural justice and legitimacy, encounters between citizens and the state, the effectiveness of governmental institutions, and democratic development. It stands alone in its broad, cross-national contributions to understanding these issues. -Wesley G. Skogan, PhD, Professor of Political Science, Northwestern University, Chicago, IL, USA
Politicizing The International Criminal Court
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Author : Steven C. Roach
language : en
Publisher: Rowman & Littlefield
Release Date : 2006
Politicizing The International Criminal Court written by Steven C. Roach and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
This innovative and systematic work on the political and ethical dimensions of the International Criminal Court (ICC) is the first comprehensive attempt to situate the politics of the ICC both theoretically and practically. Steering a new path between conventional approaches that stress the formal link between legitimacy and legal neutrality, and unconventional approaches that treat legitimacy and politics as inextricable elements of a repressive international legal order, Steven C. Roach formulates the concept of political legalism, which calls for a self-directed and engaged application of the legal rules and principles of the ICC Statute. Politicizing the International Criminal Court is a must-read for scholars, students, and policymakers interested in the dynamics of this important international institution.
The Routledge Handbook Of Criminal Justice Ethics
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Author : Jonathan Jacobs
language : en
Publisher: Routledge
Release Date : 2016-07-01
The Routledge Handbook Of Criminal Justice Ethics written by Jonathan Jacobs and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-01 with Philosophy categories.
The enormous financial cost of criminal justice has motivated increased scrutiny and recognition of the need for constructive change, but what of the ethical costs of current practices and policies? Moreover, if we seriously value the principles of liberal democracy then there is no question that the ethics of criminal justice are everybody’s business, concerns for the entire society. The Routledge Handbook of Criminal Justice Ethics brings together international scholars to explore the most significant ethical issues throughout their many areas of expertise, anchoring their discussions in the empirical realities of the issues faced rather than applying moral theory at a distance. Contributions from philosophers, legal scholars, criminologists and psychologists bring a fresh and interdisciplinary approach to the field. The Handbook is divided into three parts: Part I addresses the core issues concerning criminal sanction, the moral and political aspects of the justification of punishment, and the relationship between law and morality. Part II examines criminalization and criminal liability, and the assumptions and attitudes shaping those aspects of contemporary criminal justice. Part III evaluates current policies and practices of criminal procedure, exploring the roles of police, prosecutors, judges, and juries and suggesting directions for revising how criminal justice is achieved. Throughout, scholars seek pathways for change and suggest new solutions to address the central concerns of criminal justice ethics. This book is an ideal resource for upper-undergraduate and postgraduate students taking courses in criminal justice ethics, criminology, and criminal justice theory, and also for students of philosophy interested in punishment, law and society, and law and ethics.