Criminal Law

Product Details
Author by Markus Dubber
Genre : Law
Publisher : OUP Oxford
ISBN : 9780191030673
Type : PDF & Epub
Views : 752 Page
Download Book

Criminal Law: A Comparative Approach presents a systematic and comprehensive analysis of the substantive criminal law of two major jurisdictions: the United States and Germany. Presupposing no familiarity with either U.S. or German criminal law, the book will provide criminal law scholars and students with a rich comparative understanding of criminal law's foundations and central doctrines. All foreign-language sources have been translated into English; cases and materials are accompanied by heavily cross-referenced introductions and notes that place them within the framework of each country's criminal law system and highlight issues ripe for comparative analysis. Divided into three parts, the book covers foundational issues - such as constitutional limits on the criminal law - before tackling the major features of the general part of the criminal law and a selection of offences in the special part. Throughout, readers are exposed to alternative approaches to familiar problems in criminal law, and as a result will have a chance to see a given country's criminal law doctrine, on specific issues and in general, from the critical distance of comparative analysis.

Perpetrators And Accessories In International Criminal Law

Product Details
Author by Neha Jain
Genre : Law
Publisher : Bloomsbury Publishing
ISBN : 9781782254096
Type : PDF & Epub
Views : 232 Page
Download Book

International criminal law lacks a coherent account of individual responsibility. This failure is due to the inability of international tribunals to capture the distinctive nature of individual responsibility for crimes that are collective by their very nature. Specifically, they have misunderstood the nature of the collective action or framework that makes these crimes possible, and for which liability may be attributed to intellectual authors, policy makers and leaders. In this book, the author draws on insights from comparative law and methodology to propose doctrines of perpetration and secondary responsibility that reflect the role and function of high-level participants in mass atrocity, while simultaneously situating them within the political and social climate which renders these crimes possible. This new doctrine is developed through a novel approach which combines and restructures divergent theoretical perspectives on attribution of responsibility in English and German domestic criminal law, as major representatives of the common law and civil law systems. At the same time, it analyses existing theories of responsibility in international criminal law and assesses whether there is any justification for their retention by international criminal tribunals.

Criminal Law

Product Details
Author by Joseph G. Cook
Genre : Law
Publisher : Lexis Nexis Matthew Bender
ISBN : STANFORD:36105060300485
Type : PDF & Epub
Views : 896 Page
Download Book

The Diversification And Fragmentation Of International Criminal Law

Product Details
Author by Larissa van den Herik
Genre : Law
Publisher : Martinus Nijhoff Publishers
ISBN : 9789004236912
Type : PDF & Epub
Views : 734 Page
Download Book

This volume deals with the tension between unity and diversification which has gained a central place in the debate under the label of ‘fragmentation’. It explores the meaning, articulation and risks of this phenomenon in a specific area: International Criminal Justice. It brings together established and fresh voices who analyse different sites and contestations of this concept, as well as its context and specific manifestations in the interpretation and application of International Criminal Law. The volume thereby connects discourse on ‘fragmentation’ with broader inquiry on the merits and discontents of legal pluralism in ‘Public International Law’.

Universal Jurisdiction In International Criminal Law

Product Details
Author by Aisling O'Sullivan
Genre : Law
Publisher : Routledge
ISBN : 9781317301202
Type : PDF & Epub
Views : 222 Page
Download Book

With the sensational arrest of former Chilean dictator Augusto Pinochet in 1998, the rise to prominence of universal jurisdiction over crimes against international law seemed to be assured. The arrest of Pinochet and the ensuing proceedings before the UK courts brought universal jurisdiction into the foreground of the "fight against impunity" and the principle was read as an important complementary mechanism for international justice –one that could offer justice to victims denied an avenue by the limited jurisdiction of international criminal tribunals. Yet by the time of the International Court of Justice’s Arrest Warrant judgment four years later, the picture looked much bleaker and the principle was being read as a potential tool for politically motivated trials. This book explores the debate over universal jurisdiction in international criminal law, aiming to unpack a practice in which international lawyers continue to disagree over the concept of universal jurisdiction. Using Martti Koskenniemi’s work as a foil, this book exposes the argumentative techniques in operation in national and international adjudication since the 1990s. Drawing on overarching patterns within the debate, Aisling O’Sullivan argues that it is bounded by a tension between contrasting political preferences or positions, labelled as moralist ("ending impunity") and formalist ("avoiding abuse") and she reads the debate as a movement of hegemonic and counter-hegemonic positions that struggle for hegemonic control. However, she draws out how these positions (moralist/formalist) merge into one another and this produces a tendency towards a "middle" position that continues to prefer a particular preference (moralist or formalist). Aisling O’Sullivan then traces the transformation towards this tendency that reflects an internal split among international lawyers between building a utopia ("court of humanity") and recognizing its impossibility of being realized.

Tribal Criminal Law And Procedure

Product Details
Author by Sarah Deer
Genre : Law
Publisher : Rowman Altamira
ISBN : 9780759115200
Type : PDF & Epub
Views : 496 Page
Download Book

This text is a comprehensive introduction to tribal criminal law and procedure in the United States. Garrow and Deer discuss in depth the histories, structures and practices of tribal justice systems, comparisons of traditional tribal justice with Anglo-American law and jurisdictions, elements of criminal law and procedure, and alternative sentences and traditional sanctions Tribal Criminal Law and Procedure will be an invaluable resource for legal scholars and students.

Considerations On Criminal Law

Product Details
Author by Henry Dagge
Genre : Criminal law
Publisher :
ISBN : OXFORD:N11063567
Type : PDF & Epub
Views : 374 Page
Download Book

Substantive And Procedural Aspects Of International Criminal Law 1 Commentary

Product Details
Author by Gabrielle Kirk MacDonald
Genre : Law
Publisher : BRILL
ISBN : 9041111336
Type : PDF & Epub
Views : 730 Page
Download Book

Vol. II, Part 1.

The Theory And Practice Of International Criminal Law

Product Details
Author by Michael Scharf
Genre : Law
Publisher : BRILL
ISBN : 9789047431701
Type : PDF & Epub
Views : 476 Page
Download Book

Cherif Bassiouni is often referred to as "the father of international criminal law." Every major international criminal law instrument developed in the last forty years, from the Torture Convention to the Statute of the International Criminal Court, bears his hallmark. His writings, diplomatic initiatives, fieldwork, and even litigation have made an unparalleled contribution to the emergence of international criminal law as a distinct discipline within the field of international law. This book contains a collection of fifteen scholarly essays, written by leading experts from around the world, about the theory and practice of modern international criminal law, with a focus on Cherif Bassiouni's unique legacy within this important area. Among the contributing authors are Louise Arbour, UN High Commissioner for Human Rights; Mahnoush Arsanjani, Chief of the UN Office of Legal Affairs Codification Division; Diane Orentlicher, UN Independent Expert on Combating Impunity; Michael Reisman, former President of the Inter-American Commission for Human Rights; Yves Sandoz, Director for International Law of the International Committee of the Red Cross; William Schabas, Member of the Sierra Leone Truth Commission; Brigitte Stern, Advocate for the Bosnians in the World Court's Genocide case; and Prince Hassan bin Talal, first President of the Assembly of States Parties of the International Criminal Court.

Fisher S Digest Of Criminal Law

Product Details
Author by R. Fisher
Genre : Fiction
Publisher : BoD – Books on Demand
ISBN : 9783368134037
Type : PDF & Epub
Views : 710 Page
Download Book

Reprint of the original, first published in 1871.