The Western Codification of Criminal Law

The Western Codification of Criminal Law

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  • Author: Aniceto Masferrer
  • Publisher: Springer
  • ISBN: 3319719122
  • Category : Law
  • Languages : en
  • Pages : 427

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.


Substantive Criminal Law: Sections 1.1 to 8.4

Substantive Criminal Law: Sections 1.1 to 8.4

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  • Author: Wayne R. LaFave
  • Publisher:
  • ISBN:
  • Category : Criminal law
  • Languages : en
  • Pages : 682


Criminal Law and Morality in the Age of Consent

Criminal Law and Morality in the Age of Consent

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  • Author: Aniceto Masferrer
  • Publisher: Springer Nature
  • ISBN: 3030641635
  • Category : Law
  • Languages : en
  • Pages : 361

This book discusses the relation between morality and politics, and morality and law, a field that has been studied for more than two thousand years The law is a part of human culture, and this touches upon a dynamic reality that is connected to the relation between nature and freedom, nature and culture. If such relations are not clearly understood, as is the case today, the relation between morality and law cannot be properly comprehended either. The relationship between morality and criminal law must constantly evolve to meet the needs of changing times and circumstances. Social changes and new situations require new answers. And since the relationship involves criminal law, legal philosophy and legal history, interdisciplinary approaches are always needed. Featuring fifteen original contributions by legal scholars from various European and American universities, the book does not pretend to solve the complexity of the relation between morality and criminal law, but instead expresses criticism, offers some proposals and stimulates further thought. The book tackles the topic from an interdisciplinary perspective (criminal law, constitutional law, legal philosophy and legal history, among others). As such, it appeals not only to scholars and students, but also to lawyers, policymakers, historians, theologians, philosophers and general readers who are interested in the legal, social, political and philosophical issues of our time.


The Oxford Handbook of Criminal Law

The Oxford Handbook of Criminal Law

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  • Author: Markus D Dubber
  • Publisher: OUP Oxford
  • ISBN: 0191654604
  • Category : Law
  • Languages : en
  • Pages : 1100

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 or corrections 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.


Michigan Revised Criminal Code

Michigan Revised Criminal Code

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  • Author: State Bar of Michigan. Special Committee of the Michigan State Bar for the Revision of the Criminal Code
  • Publisher:
  • ISBN:
  • Category : Criminal law
  • Languages : en
  • Pages : 548


The Codification of Criminal Law

The Codification of Criminal Law

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  • Author: Michael Bohlander
  • Publisher: Routledge
  • ISBN: 9781409454663
  • Category : Criminal law
  • Languages : en
  • Pages : 0

This volume contributes to the codification debate by bringing together research articles which compare and contrast the experience of countries which have a criminal code with those operating a case law system. Whereas wholesale codification is a much more accepted phenomenon in the continental law traditions, simplistic transplants from one legal tradition can result in systemic frictions and other anomalies which may offend domestic culture. This collection is an invaluable reference tool which supports the discussion over codification and promotes better understanding across the common law/civil law divide.


Proposed Minnesota Criminal Code

Proposed Minnesota Criminal Code

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  • Author: Minnesota
  • Publisher:
  • ISBN:
  • Category : Criminal law
  • Languages : en
  • Pages : 268


Federal Criminal Code & Rules

Federal Criminal Code & Rules

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  • Author: West Group Publishing
  • Publisher: West Group Publishing
  • ISBN: 9780314255617
  • Category : Appellate procedure
  • Languages : en
  • Pages : 1330


Criminal Law

Criminal Law

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  • Author: Richard J. Bonnie
  • Publisher:
  • ISBN: 9781609303914
  • Category : Criminal law
  • Languages : en
  • Pages : 0

Hardbound - New, hardbound print book.


Justice, Liability, And Blame

Justice, Liability, And Blame

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  • Author: Paul H. Robinson
  • Publisher: Routledge
  • ISBN: 0429720688
  • Category : Law
  • Languages : en
  • Pages : 312

This book examines shared intuitive notions of justice among laypersons and compares the discovered principles to those instantiated in American criminal codes. It reports eighteen original studies on a wide range of issues that are central to criminal law formulation.