Author : María José Falcón y Tella
Publisher : Martinus Nijhoff Publishers
Page : 289 pages
File Size : 34,25 MB
Release : 2006
Category : Law
ISBN : 9004151494
This volume critically explores the basis and the goal of punishment from the standpoint of the right to punish. The work reviews the main doctrines that have dealt with the theme of punishment from Antiquity to the present, not limiting itself to the legal-philosophical sphere but also analyzing the contributions from other social sciences. It then explores how these are reflected in the sphere of Positive Law.
Author : Eugenio Raúl Zaffaroni
Publisher : Rowman & Littlefield
Page : 495 pages
File Size : 18,2 MB
Release : 2013
Category : Law
ISBN : 0761858520
"These studies recover the historical roots of thinking that are in conflict with, and critical of, present-day tendencies. Criminological theory over the last few decades has oscillated between extremes: on one side there are calls for increasing the state exercise of punitive power as the only means of providing security, in the face of both urban and international rime; while the other side highlights the need for reducing the exercise of punitive power because of the paradoxical effects that it produces. Useful for academics, practitioners, professionals and students, this book will certainly contribute to a wider awareness in crime prevention and criminal justice."--Publisher's website.
Author : Kai Ambos
Publisher : Nomos Verlag
Page : 207 pages
File Size : 26,17 MB
Release : 2019-09-27
Category : Law
ISBN : 3845299258
Diese innovative Studie versteht das nationalsozialistische Strafrecht – in Übereinstimmung mit Kontinuitäts- und Radikalisierungsthese – als rassistisch (antisemitisch), völkisch ("germanisch") und totalitär ausgerichtete Fortschreibung der autoritären und antiliberalen Tendenzen des deutschen Strafrechts der Jahrhundertwende und der Weimarer Republik. Dies wird durch die systematisch-analytische Aufbereitung der Texte relevanter Autoren belegt, wobei es primär um die – für sich selbst sprechenden – Texte, nicht die moralische Beurteilung ihrer Verfasser geht. Dabei werden auch Erkenntnisse zur Rezeption des deutschen (NS-) Strafrechts in Lateinamerika mitgeteilt. Die besagte Kontinuität existierte nicht nur rückwärtsgewandt (post-Weimar), sondern auch zukunftsgerichtet (Bonner Republik). Kurzum, das NS-Strafrecht kam weder aus dem Nichts noch ist es nach 1945 völlig verschwunden. Der zeitgenössische Versuch der identitären Rekonstruktion des germanischen Mythos durch die sog. "neue Rechte" schließt daran nahtlos an.
Author : Ana Aliverti
Publisher : Oxford University Press
Page : 417 pages
File Size : 42,22 MB
Release : 2023-06-08
Category : Law
ISBN : 0192899007
Within the discipline of criminology and criminal justice, relatively little attention has been paid to the relationship between criminal law, punishment, and imperialism, or the contours and exercise of penal power in the Global South. Decolonizing the Criminal Question is the first work of its kind to comprehensively place colonialism and its legacies at the heart of criminological enquiry. By examining the reverberations of colonial history and logics in the operation of penal power, this volume explores the uneasy relationship between criminal justice and colonialism, bringing relevance of these legacies in criminological enquiries to the forefront of the discussion. It invites and pursues a better understanding of the links between imperialism and colonialism on the one hand, and nationalism and globalisation on the other, by exposing the imprints of these links on processes of marginalisation, racialisation, and exclusion that are central to contemporary criminal justice practices. Covering a range of jurisdictions and themes, Decolonizing the Criminal Question details how colonial and imperial domination relied on the internalization of hierarchies and identities -- for example, racial, geographical, and geopolitical -- of both the colonized and the colonizer, and shaped their subjectivity through imageries, discourses, and technologies. Offering innovative, conceptual, and methodological approaches to the study of the criminal question, this work is an essential read for scholars not only focused on criminology and criminal justice, but also for scholars in law, anthropology, sociology, politics, history, and a range of other disciplines in the humanities and social sciences. Decolonizing the Criminal Question is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to download from OUP and selected open access locations.
Author : Aniceto Masferrer
Publisher : Springer
Page : 427 pages
File Size : 12,80 MB
Release : 2018-03-09
Category : Law
ISBN : 3319719122
This volume addresses an important historiographical gap by assessing the respective contributions of tradition and foreign influences to the 19th century codification of criminal law. More specifically, it focuses on the extent of French influence – among others – in European and American civil law jurisdictions. In this regard, the book seeks to dispel a number of myths concerning the French model’s actual influence on European and Latin American criminal codes. The impact of the Napoleonic criminal code on other jurisdictions was real, but the scope and extent of its influence were significantly less than has sometimes been claimed. The overemphasis on French influence on other civil law jurisdictions is partly due to a fundamental assumption that modern criminal codes constituted a break with the past. The question as to whether they truly broke with the past or were merely a degree of reform touches on a difficult issue, namely, the dichotomy between tradition and foreign influences in the codification of criminal law. Scholarship has unfairly ignored this important subject, an oversight that this book remedies.
Author : José Becerra
Publisher : Springer Nature
Page : 233 pages
File Size : 35,93 MB
Release : 2021-05-29
Category : Law
ISBN : 3030713482
This book intends to contribute to the consolidation of the new approach to lawmaking that has taken place in the last 20 years in legal philosophy and legal theory, spreading to other legal fields, especially criminal law. This new legislation science focusing on criminal problems has triggered a growing interest in the field, a dynamic which has led to a long-needed convergence of disciplines such as administrative law, criminal law, criminology, political science, sociology and, of course, legal philosophy to contribute to a more rational decision-making process for the construct of criminal laws. With the intention to continue on with the building of a solid “Criminal Legislation Science”, this work presents scholars, lawmakers and students various emblematic approaches to enrich the discussion about different and promising tools and theoretical frameworks.
Author : Brunon Hołyst
Publisher : Free Press
Page : 440 pages
File Size : 29,22 MB
Release : 1982
Category : Social Science
ISBN :
Author : Tom Daems
Publisher : Routledge
Page : 313 pages
File Size : 36,78 MB
Release : 2020-12-30
Category : Political Science
ISBN : 1000288234
Criminology and Democratic Politics brings together a range of international leading experts to consider the relationship between criminology and democratic politics. How does criminology relate to democratic politics? What has been the impact of criminology on crime and justice? How can we make sense of the uses, non-uses, and abuses of criminology? Such questions are far from new, but in recent times they have moved to the centre of debate in criminology in different parts of the world. The chapters in Criminology and Democratic Politics aim to contribute to this global debate. Chapters cover a range of themes such as punishment, knowledge, and penal politics; crime, fear, and the media; democratic politics and the uses of criminological knowledge; and the public role of criminology. An accessible and compelling read, this book will appeal to students and scholars of criminology, sociology, and politics and all those interested in how criminology relates to democratic politics in modern times.
Author : Julia Sudbury
Publisher : Psychology Press
Page : 356 pages
File Size : 21,83 MB
Release : 2005
Category : Social Science
ISBN : 9780415950572
First Published in 2005. Routledge is an imprint of Taylor & Francis, an informa company.
Author : Tony Peters
Publisher : Leuven University Press
Page : 466 pages
File Size : 43,17 MB
Release : 2001
Category : Law
ISBN : 9789058671813
This edited volume contains 22 papers organized into three sections under the following headings: part I is entitled On Promoting Victim Policies; Part II On Reforming Criminal Justice; and Part III On Restorative Justice. All three areas are ones to which Tony Peters, former Professor of Criminology in Leuven, has made a significant contribution and for which he is known as an international authority. During his long and productive academic career Tony Peters led many struggles for criminal justice reform. He was a leading figure in the movement to recognize crime victims' plight and to reaffirm their rights. In Belgium, he spearheaded the early initiatives in restorative justice and became one of its outspoken proponents nationally and internationally. There is no doubt that these three major topics and the various developments and reforms that are addressed in the papers will dominate the thinking about, and the practice of, criminal justice in the years to come. Thus, in addition to paying homage to a congenial friend and an illustrious colleague, it is hoped that this book will appeal and prove useful to all those who have an interest in victims issues, in criminal justice reform, and last but not least, in the promising paradigm of restorative justice.
