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Traduit du français par Nathalie Plouchard-Engel ; International audience ; The fight against terrorism has undergone major changes over the past thirty years. These changes have often been interpreted as a manifestation of "exceptionalism," a trend that should be criticized for undermining the rule of law. We agree with this diagnosis but want to take a further step by acknowledging that this critical relationship to developments in counterterrorism is an integral part of the social processes to be studied. To this end, our approach places knowledge production at the heart of the scientific study of the fight against terrorism. We aim to understand how the so-called enemy criminal law—a legal dogmatic undertaking that has been used in various settings to reflect on the issue of counterterrorism—has gradually evolved from an objectivist analysis to a critical resource, without its axiomatics having fundamentally changed. With the help of what, in France, is called the "sociologie des épreuves," we show that this transformation has been achieved through the confrontation of the doctrine with different sociopolitical contexts. We aim to document and help explain this unique trajectory from a sociology of knowledge perspective.

Preliminary Material /Elspeth Guild and Paul Minderhoud -- Immigration and Criminal Law in the European Union: the Legal Measures and Social Consequences of Criminal Law in Member States on Trafficking and Smuggling in Human Beings /Elspeth Guild -- French Criminal and Administrative Law Concerning Smuggling of Migrants and Trafficking in Human Beings: Punishing Trafficked People for Their Protection? /Johanne Vernier -- Trafficking and Smuggling in France: Social Problems as Transnational Security Issues /Virginie Guiraudon -- The Legal Framework of Trafficking and Smuggling in Germany: Victim Protection Emerging from Witness Protection? /Katja S. Ziegler -- Social Working of Criminal Law on Trafficking and Smuggling in Human Beings in Germany /Norbert Cyrus and Dita Vogel -- Crimes of Assisting Illegal Immigration and Trafficking in Human Beings in Italian Law: Illegal Immigration between Administrative Infringement and Criminal Offence /Matilde Ventrella McCreight -- Looking for Some Coherence: Migrants In-between Criminalisation and Protection in Italy /Raffaela Puggioni -- Dutch Criminal and Administrative Law Concerning Trafficking in and Smuggling of Human Beings the Blurred Legal Position of Smuggled and Trafficked Persons: Victims, Instigators or Illegals? /Bregje Pieters -- Controlling Immigration and Organized Crime in the Netherlands. Dutch Developments and Debates on Human Smuggling and Trafficking /Richard Staring -- I Trafficking in and Smuggling of Human Beings: the Spanish Approach /C. Gortázar Rotaeche , E. García Coso and A. Obregón Garcíai -- Trafficking in and Smuggling of Human Beings: the Spanish Approach - II Main Issues On Spanish Alien Law And Practice Concerning Trafficking And Smuggling Of Human Beings /Elspeth Guild and Paul Minderhoud -- III. Main Issues in Spanish Criminal Law and Practice Related to Trafficking in and Smuggling of Human Beings /C. Gortázar Rotaeche , E. García Coso and A. Obregón Garcíai -- The Fight against Illegal Immigration, Smuggling and Trafficking in Human Beings in Spain: Ambiguities and Rhetoric /Carmen González Enríquez -- Trafficking and Smuggling in Human Beings: the British Perspective /Dora Kostakopoulou -- The Politics of Irregular Migration, Human Trafficking and People Smuggling in the United Kingdom /Andrew Geddes -- Eu Action against Trafficking of Human Beings: past, Present and the Future /Tom Obokata -- Conclusions: the Variable Political and Legal Geography of People Smuggling and Trafficking in Europe /Elspeth Guild -- List of Contributors /Elspeth Guild and Paul Minderhoud -- Index /Elspeth Guild and Paul Minderhoud.

Examines who should determine legitimacy of organ transplants, significance of consent of donor and recipient to such an intervention, and legal classification of potential abuses by medical personnel; Soviet Union. Translated from Sovetskoe Gosudarstvo i Pravo, no. 11, 1983.

Despite a wealth of literature exploring the issues surrounding it, the legitimacy and authority of international criminal law remain in question. Adopting a perspective informed by legal and political philosophy, Clare Frances Moran considers the authority of international criminal law, why it can be conceived of as more than simply an exercise of power and how that power may be exercised legitimately. Advancing existing scholarship on the subject, Moran explores the roots of the authority of law at the domestic level and tests these ideas in an international context. She examines sovereignty, complementarity and postcolonial issues, and how each impact international criminal law. By developing a theory on the authority of international law, Moran considers how it might be possible to adjudicate more effectively at the international level.

This article aims to give the criminal law practitioner a succinct review of significant cases regarding criminal law and procedure decided by the Supreme Court of Virginia and the Court ofAppeals of Virginia during the past year. The authors have focused their discussion of the cases on cogent points found in the holdings. The article also briefly summarizes recent legislative enactments pertaining to criminal law.

This article discusses the concept of corruption crimes, recent reforms in our country aimed at preventing corruption crimes, problems and shortcomings in their implementation. In addition, opinions were expressed on the measures provided for by law for corruption crimes, in particular, criminal law measures: the essence of the concept and content, their correct order and grounds. In addition to the scientific-critical view of the author on the subject. The scientific and theoretical views of a number of our domestic and foreign lawyers were also studied. In the course of the study, it was found that there are shortcomings in the criminal legislation on liability for corruption offenses, the procedure for imposing penalties and other coercive measures, and in order to correct them, it is necessary to make some changes to the Criminal Code. Also. On the basis of a system analysis, the legislation of some developed foreign countries on the application of criminal law measures against corruption crimes was also studied, and a number of proposals were made to improve criminal legislation, taking into account the experience of foreign countries.

The purpose of this article is to make an attempt to show the relation, impact and "extension" of the antic Roman criminal law in today's criminal (both substantive and procedural) laws in Macedonia. One of the purposes is to show that the Roman law is not just a legal history, but it still represents a solid ground on which modern laws are created as well as that this legal system still has a dominate influence over the creation of todays legislative. Bearing in mind the specificity of the issue that we'll elaborate in this paper as well as the fact that we research a legal system that formally does not exit, the basic method of our research we'll be the historical method. Also for the purpose of this paper, we will use the legal, sociological, comparative and dialectic method. The final conclusion to which we came is that there is undoubtedly huge influence in our legal system in a way that the basic principles from roman criminal law have shown themselves as eternal and are integrated in Macedonian criminal laws and in the criminal theory. DOI:10.5901/mjss.2015.v6n2p318

Once more, the past year yielded a wealth of developments in the area of criminal law and procedure. The author has endeavored to cull the most significant decisions and legislative enactments, with an eye toward the "takeaway" from a case rather than a discussion of settled principles.

In recent years, policymakers in the United States and worldwide have paid great attention to the criminal sanction as a tool for reaching environmental objectives. This article offers several arguments for the application of this penalty to behaviors that degrade the natural environment. Some are based on its deterrent capacity; some are less practical, focusing on a moral imperative to punish those who threaten human health or destroy natural resources. But arguments against criminalizing environmental law are also numerous. They emphasize its high costs, procedural complexity, and potential overkill effects. Decisions about the appropriate applicability of criminal sanctions need to be based on an evaluation of their actual legal and organizational advantages and disadvantages and a knowledge of other promising ideas to foster compliance. Such ideas range from subsidizing the polluter to publicizing his or her good or ill deeds.