Suchergebnisse

Pakes' book Comparative Criminal Justice is ambitious. The book provides a broad, topically geared and internationally comparative introduction to criminal justice. It follows a tried-and-true yet practical progression from policing, pre-trial and trial systems, punishment, and finishing with chapters on international policing and the development of universal human rights and international courts of justice. Each chapter offers a general introduction to areas that are then elaborated with reference to differing cultural contexts. Case studies are frequently presented in boxes that help flesh out the main arteries of thought, and often help introduce further comparisons and contrasts. The book is most suitable for undergraduate students, though its insights may appeal to a broad readership, including criminal justice practitioners and those involved in policy. The strongest feature of Comparative Criminal Justice is its inclusiveness. Pakes underscores at several points his argument that a comprehensive comparative lens must take into account both quantitative and qualitative approaches (p. 9); that "the question of meaning remains highly pertinent" (p. 30); and that no matter how global our perspective, we should be carefully attuned to the local exigencies of culture under which globalization trends in criminal justice are appropriated and attuned. This is the second edition of the book, featuring reference to current events [e.g., discussion of Obama's potential recognition of the International Criminal Court (p. 179)]. Pakes aims to go "beyond police, courts and prisons" (p. 1) by including discussion on, for example, privatized policing and security, criminal justice in the Middle East (including Sharia law), and cybercrime, including reference to the 'great firewall of China'. The best chapter opening is for the chapter on systems of trial (p. 86). Pakes begins with an elaborated discussion on the ergonomic features and layout of courtrooms, suggesting that the spatial relationships of courtrooms, for instance the placement of defendant in relation to the judge, illustrates much about the style and operation of the court system— especially when comparing adversarial and inquisitorial systems. Pakes sustains his references to ergonomics throughout the chapter, which serves to underscore theoretical and conceptual points. This proves to be a pedagogically effective approach. Asian Criminology (2012) 7:193–195 DOI 10.1007/s11417-010-9094-3

The EU legal system and the legal systems of its Member States have to adapt to the ever-changing nature of society and are therefore in a constantly evolving state. The EU, which is characterised by a unique lawmaking system, has proved to be an inexhaustible source of legislation, giving rise to a dynamic legal context. The same dynamicity can be observed also from a linguistic perspective. Due to the multilingualism principle, which makes multilingual communication a mandatory activity in EU institutions, new EU legislation and, consequently, new legal concepts are expressed in equally authentic texts. As a result, 23 different varieties of national official languages are being developed within the EU and existing terms are already undergoing a Europeanisation process. This paper presents a case study conducted on the terminology extracted from a corpus of parallel EU documents in English and Italian on the specific subdomain of the standing of victims in criminal proceedings and victims' rights, and discusses the consequences of concept transfer between legal systems within a multidimensional context and in terms of monolingual and multilingual secondary term formation.

Fabian Barth (Bournemouth University) has posted How Will The Revocation Bill Affect The Principle Of EU Law Conforming Construction In UK Law? on SSRN. Here is the abstract: Following prolonged political controversy, it now appears that the provisions in the...

Military-on-military sexual violence—the type of sexual violence that most directly disrupts operations, harms personnel, and undermines recruiting—occurs with astonishing frequency. The U.S. military has responded with a campaign to prevent and punish military-on-military sex crimes. This campaign, however, has made little progress, partly because of U.S. military law, a special realm of criminal justice dominated by legal precedents involving sexual violence and racialized images. By promulgating images and narratives of sexual exploitation, violent sexuality, and female subordination, the military justice system has helped to sustain a legal culture that reifies the connection between sexual violence and authentic soldiering.

The article presents a historical analysis of the content of one subject offered since 1956 to the Polish students of law, namely the "History of political and legal doctrines." Until the 1989 this subject was treated as an introduction and presentation of only false, non-scientific ideas, confronted with the only true Marxist theory of law and state. After 1990 the subject called "Political and legal doctrines" or "Political and legal ideas" was steadily developing, it gave the broad knowledge of different political ideas like liberalism, conservatism, socialism as well as knowledge of different understanding of law, beginning with natural law, positivism and so on. At the same time the subject was depreciated and treated as a second rank, the score for students steadily diminished or the subject became non-obligatory. The article describes the long discussion of researchers and academic teachers of "Political and legal doctrines" at the faculties of law, focusing on the content of subject, the scope of coursebooks, the methodology of research and the methods of teaching. But the most important argument is, that "political and legal doctrines" became actually – together with history of law – almost the only subject, giving the students understanding and knowledge about the connection between philosophy, social science and law. The vast horizons seem necessary for lawyers, if they don't want to be excessive positivist and dogmatic practitioners of statutes. The knowledge of different doctrines should allow them in future to have critical and broaden attitude to statutes. The conclusion is, that without the studying of "Political and legal doctrines" the studies of law change into simple dogmatic legal training. ; The article presents a historical analysis of the content of one subject offered since 1956 to the Polish students of law, namely the "History of political and legal doctrines." Until the 1989 this subject was treated as an introduction and presentation of only false, non-scientific ideas, confronted with the only true Marxist theory of law and state. After 1990 the subject called "Political and legal doctrines" or "Political and legal ideas" was steadily developing, it gave the broad knowledge of different political ideas like liberalism, conservatism, socialism as well as knowledge of different understanding of law, beginning with natural law, positivism and so on. At the same time the subject was depreciated and treated as a second rank, the score for students steadily diminished or the subject became non-obligatory. The article describes the long discussion of researchers and academic teachers of "Political and legal doctrines" at the faculties of law, focusing on the content of subject, the scope of coursebooks, the methodology of research and the methods of teaching. But the most important argument is, that "political and legal doctrines" became actually – together with history of law – almost the only subject, giving the students understanding and knowledge about the connection between philosophy, social science and law. The vast horizons seem necessary for lawyers, if they don't want to be excessive positivist and dogmatic practitioners of statutes. The knowledge of different doctrines should allow them in future to have critical and broaden attitude to statutes. The conclusion is, that without the studying of "Political and legal doctrines" the studies of law change into simple dogmatic legal training.

Foreword -- Preface -- Contents -- 1 Introduction -- Abstract -- 2 European and US Models of Sport -- Abstract -- 2.1 Introductory -- 2.2 The European Model -- 2.3 The US Model -- 2.4 Conclusion -- Further Reading -- 3 Sport and the General Law -- Abstract -- 3.1 Introductory Remarks -- 3.2 The Role of the Courts -- 3.2.1 Generally -- 3.2.1.1 The Position in the United States of America -- 3.2.1.2 The Position in Canada -- 3.2.1.3 The Position in the European Civil Law Countries -- 3.2.2 The Rules of Natural Justice -- 3.2.3 Restraint of Trade -- 3.3 Civil Law -- 3.3.1 Ben Smoldon Case -- 3.3.2 Michael Watson Case -- 3.3.3 Rudy Tomjanovich Case -- 3.4 Criminal Law -- 3.4.1 R v. Davies -- 3.4.2 R v. Barnes Case -- 3.4.3 R v. Amir & Butt Case -- Further Reading -- 4 Sports' Governing Bodies -- Abstract -- 4.1 Introductory -- 4.2 Their Role -- 4.3 The IOC -- 4.4 National Sports Bodies -- 4.5 Ousting the Jurisdiction of the Courts -- 4.6 Wilhelmshaven FC Case -- References -- 5 IP and Sport -- Abstract -- 5.1 Introductory -- 5.2 Marketing of Sports Events -- 5.3 Corporate Identity and Goodwill -- 5.4 The Olympic Marks -- 5.5 Barcelona FC Trademark Case -- 5.6 Washington Redskins Trademark Case -- 5.7 Tokyo 2020 Olympic Games Logo Case -- 5.8 Copyright and Sports 'Hyperlinks' -- Reference -- Further Reading -- 6 Sports Image Rights -- Abstract -- 6.1 Introductory -- 6.2 What Are Sports Image Rights? -- 6.3 Who Owns Them? -- 6.4 Protecting Sports Image Rights -- 6.5 Fiscal Aspects -- 6.6 Legal Remedies for Infringing Sports Image Rights -- 6.7 Guernsey Image Rights Registrations -- 6.8 Morality Clauses -- Reference -- Further Reading -- 7 TV and New Media Rights -- Abstract -- 7.1 Introductory -- 7.2 Sports TV Rights -- 7.3 Sports New Media Rights -- 7.4 Their Ownership and Legal Protection -- 7.5 EU 'Television Without Frontiers' Directive

This special issue is part one of a two-part edited collection on interrupting the legal person, and what this means. The chapters in this volume interrogate the role of the person and personhood in different contexts, jurisdictions, and legal traditions.

This volume is the first comprehensive history of the evolving relationship between American slavery and the law from colonial times to the Civil War. As Thomas Morris clearly shows, racial slavery came to the English colonies as an institution without strict legal definitions or guidelines. Therefore, laws governing slaves and slavery had to be incorporated into the body of English common law that formed the basis of legal culture throughout the colonial South.

This report sets out recommendations for domestic rules to neutralise the effect of hybrid mismatch arrangements and includes changes to the OECD Model Tax Convention to address such arrangements. Once translated into domestic law, the recommendations in Part 1 of the report will neutralise the effect of cross-border hybrid mismatch arrangements that produce multiple deductions for a single expense or a deduction in one jurisdiction with no corresponding taxation in the other jurisdiction. Part 1 of the report will be supplemented by a commentary, which will explain the recommended rules and i

Examining the legal effects of EU concluded treaties, this book provides an analysis of this increasingly important and rapidly growing area of EU law. The EU has concluded more than 1,000 treaties including recently its first human rights treaty (the UN Rights of Persons with Disability Convention). These agreements are regularly invoked in litigation in the Courts of the member states and before the EU courts in Luxembourg but their ramifications for the EU legal order and that of the member states remains underexplored. Through analysis of over 300 cases, the book finds evidence of a twin-track approach whereby the Court of Justice of the European Union (CJEU) adopts a maximalist approach to Treaty enforcement, where EU agreements are invoked in challenges to member state level action whilst largely insulating EU action from meaningful review vis-à-vis agreements. The book also reveals novel findings regarding the use of EU agreements in EU level litigation including: the types and which specific EU agreements (including the types of provisions) have arisen in litigation; the nature of the proceedings (preliminary rulings or direct actions) and the number of occasions in which they have been addressed in challenges to member state or EU action and the outcomes; who has been litigating (individuals, institutions, or member states) and which domestic courts have been referring questions to the CJEU. The significance of the judicial developments in this area are situated within the context of the domestic constitutional ramifications for member state legal orders thus revealing a neglected dimension in the constitutionalization debates, which traditionally emphasized the ramifications of internal EU law for the domestic constitutional order without expressly accommodating the constitutional significance of this external category of EU law nor the different challenges that this poses domestically.