A Modern Treatise on the Principle of Legality in Criminal Law

Author: Gabriel Hallevy

Publisher: Springer Science & Business Media

ISBN: 9783642137143

Category: Law

Page: 199

View: 2981

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This book is a scientific treatise on the principle of legality in criminal law. It explores the relation between the principle of legality and the general theory of criminal law and contains definite rules emphasized for practitioners as well as academia.
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The Right to Be Punished

Modern Doctrinal Sentencing

Author: Gabriel Hallevy

Publisher: Springer Science & Business Media

ISBN: 364232388X

Category: Law

Page: 236

View: 6722

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Does an offender have the right to be punished? "The right to be punished" may sound like an oxymoron, but it is not necessarily so. With the emergence of modern criminal law, the offender gained the right to be punished by rational criminal law rather than being lynched by an angry mob. The present-day offender may have the right to be punished by doctrinal sentencing rather than being subjected to verdicts based on vague, unclear, and uncertain principles. In modern criminal law, the imposition of criminal liability follows accurate and strict rules, whereas there are no similar rules for the imposition of punishment. The process of sentencing is vague and obscure, as are the considerations used for the imposition of punishments. The objective of the present book is to propose a comprehensive, general, and legally sophisticated theory of modern doctrinal sentencing. The challenges of such a legal theory are plenty and complex. In addition to increasing clarity and certainty, modern doctrinal sentencing must deal with modern types of delinquency (e.g. organized crime, recidivism, corporate offenders, high-tech offenses, etc.) and modern principles of criminal law. Modern doctrinal sentencing must serve to ensure optimal sentencing.
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Codification, Macaulay and the Indian Penal Code

The Legacies and Modern Challenges of Criminal Law Reform

Author: Barry Wright

Publisher: Routledge

ISBN: 1317164865

Category: Law

Page: 396

View: 2137

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Enacted in 1860, the Indian Penal Code is the longest serving and one of the most influential criminal codes in the common law world. This book commemorates its one hundred and fiftieth anniversary and honours the law reform legacy of Thomas Macaulay, the principal drafter of the Code. The book comprises chapters which examine the general principles of criminal responsibility from the perspective of Macaulay, and from more recent accounts by lawmakers and reformers. These are framed by chapters that examine the history and conceptual underpinnings of Macaulay's Code, consider the need to revitalize the Indian Penal Code, and review the current challenges of principled criminal law reform and codification. This book is a valuable reference on the Indian Penal Code, and current debates about general principles of criminal law for legal academics, judges, legal practitioners and criminal law reformers. It also promises to have wider scholarly appeal, of interest to legal theorists, historians and policy specialists.
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Foundational Texts in Modern Criminal Law

Author: Markus D. Dubber

Publisher: Oxford University Press, USA

ISBN: 0199673616

Category: Law

Page: 432

View: 8304

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Foundational Texts in Modern Criminal Law presents essays in which scholars from various countries and legal systems engage critically with formative texts in criminal legal thought since Hobbes. It examines the emergence of a transnational canon of criminal law by documenting its intellectual and disciplinary history and provides a snapshot of contemporary work on criminal law within that historical and comparative context. Criminal law discourse has become, and will continue to become, more international and comparative, and in this sense global: the long-standing parochialism of criminal law scholarship and doctrine is giving way to a broad exploration of the foundations of modern criminal law. The present book advances this promising scholarly and doctrinal project by making available key texts, including several not previously available in English translation, from the common law and civil law traditions, accompanied by contributions from leading representatives of both systems.
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A Treatise on the Police of the Metropolis

Containing a Detail of the Various Crimes and Misdemeanors by which Public and Private Property and Security Are, at Present, Injured and Endangered: and Suggesting Remedies for Their Prevention

Author: Patrick Colquhoun

Publisher: N.A

ISBN: N.A

Category: Crime

Page: 440

View: 8325

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Comparative Legal Reasoning and European Law

Author: Markku Kiikeri

Publisher: Springer Science & Business Media

ISBN: 9401009775

Category: Philosophy

Page: 337

View: 7840

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Comparative Legal Reasoning and European Law deals with the use of comparative law in European legal adjudication. It describes the different forms of the use of comparative law in legal reasoning, argumentation and justification in several national legal orders and in European level legal institutions. The book begins with an inquiry into the nature of comparative law as a legal source. After the description of the empirical study it ends to the general theory of European law and several hard cases of European law are examined. The book is intended for students and researchers in European law but it also contains aspects to be taken into account in the practical work in European legal orders and legal institutions by judges and legal practitioners.
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