The Development of the Criminal Law of Evidence in the Netherlands, France and Germany between 1750 and 1870


Book Description

This book describes the development of the criminal law of evidence in the Netherlands, France and Germany between 1750 and 1870. In this period the development occurred that the so-called system of legal proofs was replaced with the (largely) free evaluation of the evidence. The system of legal proofs, which had functioned since the late middle ages, consisted of a set of strict evidentiary rules which predetermined when a judge could convict someone. In this book an explanation is given of the question why between 1750 and 1870 the strict evidentiary rules were replaced with the free evaluation of the evidence. The thesis of this research is that the reform was induced by a change in the underlying epistemological and political-constitutional discourses which together provided the ideas which inspired a significant reform of the criminal law of evidence.




Historical Abstracts


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ABC Pol Sci


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Between Prohibition and Legalization


Book Description

In a period of two decades Dutch drug policy has evolved in partial opposition to the internationally dominant ideology of prohibitionism. The "normalizing" home policy, together with the compliance to law enforcement in the international arena, make up a rather complicated and ambivalent Dutch position in drug policy. The Dutch drug policy is fully in line with the international control practices against wholesale drug trafficking. In regards to its social drug policy, however, it has become a rare dissenter within an increasingly unifying and compelling international drug policy context. This book gives an account of the national Dutch drug control strategy.




A Short History of Biological Warfare


Book Description

This publication gives a history of biological warfare (BW) from the prehistoric period through the present, with a section on the future of BW. The publication relies on works by historians who used primary sources dealing with BW. In-depth definitions of biological agents, biological weapons, and biological warfare (BW) are included, as well as an appendix of further reading on the subject. Related items: Arms & Weapons publications can be found here: https://bookstore.gpo.gov/catalog/arms-weapons Hazardous Materials (HAZMAT & CBRNE) publications can be found here: https://bookstore.gpo.gov/catalog/hazardous-materials-hazmat-cbrne




Understanding the Sources of Early Modern and Modern Commercial Law


Book Description

The contributions of Understanding the Sources of Early Modern and Modern Commercial Law: Courts, Statutes, Contracts, and Legal Scholarship show the wealth of sources which historians of commercial law use to approach their subject. Depending on the subject, historical research on mercantile law must be ready to open up to different approaches and sources in a truly imaginative and interdisciplinary way. This, more than many other branches of law, has always been largely non-state law. Normative, ‘official’, sources are important in commercial law as well, but other sources are often needed to complement them. The articles of the volume present an excellent assemblage of those sources. Anja Amend-Traut, Albrecht Cordes, Serge Dauchy, Dave De ruysscher, Olivier Descamps, Ricardo Galliano Court, Eberhard Isenmann, Mia Korpiola, Peter Oestmann, Heikki Pihlajamäki, Edouard Richard, Margrit Schulte Beerbühl, Guido Rossi, Bram Van Hofstraeten, Boudewijn Sirks, Alain Wijffels, and Justyna Wubs-Mrozewicz.




General Principles of Law in the Decisions of International Criminal Courts and Tribunals


Book Description

International lawyers usually disregard the vital functions that general principles of law may play in the decisions of international courts and tribunals. As far as international criminal law is concerned, general principles of law may be crucial to the outcome of an international trial, inter alia because the conviction of an accused in respect of a particular charge may depend on the existence of a given defence under this source. This volume examines the role that general principles of law have played in the decisions of international criminal courts and tribunals. In particular, it analyses their alleged ‘subsidiary’ nature, their process of determination, and their transposition from national legal systems into international law. It concludes that general principles of law have played a significant role in the decisions of international criminal courts and tribunals, not only by filling legal gaps, but also by being a fundamental means for the interpretation of legal rules and the enhancement of legal reasoning.




Crime, Shame and Reintegration


Book Description

Crime, Shame and Reintegration is a contribution to general criminological theory. Its approach is as relevant to professional burglary as to episodic delinquency or white collar crime. Braithwaite argues that some societies have higher crime rates than others because of their different processes of shaming wrongdoing. Shaming can be counterproductive, making crime problems worse. But when shaming is done within a cultural context of respect for the offender, it can be an extraordinarily powerful, efficient and just form of social control. Braithwaite identifies the social conditions for such successful shaming. If his theory is right, radically different criminal justice policies are needed - a shift away from punitive social control toward greater emphasis on moralizing social control. This book will be of interest not only to criminologists and sociologists, but to those in law, public administration and politics who are concerned with social policy and social issues.







America, History and Life


Book Description

Article abstracts and citations of reviews and dissertations covering the United States and Canada.