A History of Continental Criminal Procedure


Book Description

Esmein, A[dhemar]. A History of Continental Criminal Procedure with Special Reference to France. Translated by John Simpson; with an editorial preface by William E. Mikell and introductions by Norman M. Trenholme and by William Renwick Riddell. Boston: Little, Brown and Company, 1913. xlv, 640 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 99-045906. ISBN 1-58477-042-2. Cloth. $100. * Reprint of volume 5, Continental Legal History Series. Esmein, "the foremost legal scholar of France if not of the world" has here analyzed criminal procedure from its Roman origin, through primitive Germanic, and throughout French criminal procedure from the 1200s to the 1800s, as well as 19th century criminal procedure in other countries in this "masterly work...This volume is to be unqualifiedly commended as a standard and sufficient history of continental criminal procedure." J.H.B. Harv. L. Rev. 27:294-295.




A Modern History of German Criminal Law


Book Description

Increasingly, international governmental networks and organisations make it necessary to master the legal principles of other jurisdictions. Since the advent of international criminal tribunals this need has fully reached criminal law. A large part of their work is based on comparative research. The legal systems which contribute most to this systemic discussion are common law and civil law, sometimes called continental law. So far this dialogue appears to have been dominated by the former. While there are many reasons for this, one stands out very clearly: Language. English has become the lingua franca of international legal research. The present book addresses this issue. Thomas Vormbaum is one of the foremost German legal historians and the book's original has become a cornerstone of research into the history of German criminal law beyond doctrinal expositions; it allows a look at the system’s genesis, its ideological, political and cultural roots. In the field of comparative research, it is of the utmost importance to have an understanding of the law’s provenance, in other words its historical DNA.




History of the Common Law


Book Description

This introductory text explores the historical origins of the main legal institutions that came to characterize the Anglo-American legal tradition, and to distinguish it from European legal systems. The book contains both text and extracts from historical sources and literature. The book is published in color, and contains over 250 illustrations, many in color, including medieval illuminated manuscripts, paintings, books and manuscripts, caricatures, and photographs.




The Oxford Handbook of Criminal Law


Book Description

The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.




Core Concepts in Criminal Law and Criminal Justice


Book Description

A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.




The Boundaries of the Criminal Law


Book Description

This is the first book of a series on criminalization - examining the principles and goals that should guide what kinds of conduct are to be criminalized, and the forms that criminalization should take. The first volume studies the scope and boundaries of the criminal law - asking what principled limits might be placed on criminalizing behaviour.




Judges and Judging in the History of the Common Law and Civil Law


Book Description

In this collection of essays, leading legal historians address significant topics in the history of judges and judging, with comparisons not only between British, American and Commonwealth experience, but also with the judiciary in civil law countries. It is not the law itself, but the process of law-making in courts that is the focus of inquiry. Contributors describe and analyse aspects of judicial activity, in the widest possible legal and social contexts, across two millennia. The essays cover English common law, continental customary law and ius commune, and aspects of the common law system in the British Empire. The volume is innovative in its approach to legal history. None of the essays offer straight doctrinal exegesis; none take refuge in old-fashioned judicial biography. The volume is a selection of the best papers from the 18th British Legal History Conference.




A Concise History of the Common Law


Book Description

Originally published: 5th ed. Boston: Little, Brown and Co., 1956.