The 2000 Convention on Mutual Assistance in Criminal Matters
In: Common Market Law Review, Band 40, Heft 5, S. 1047-1074
ISSN: 0165-0750
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In: Common Market Law Review, Band 40, Heft 5, S. 1047-1074
ISSN: 0165-0750
In: Thomas M. Cooley Law Review, Band 18, Heft 1
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In: South Texas Law Review, 2009
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In: Verfassung und Recht in Übersee: VRÜ = World comparative law : WCL, Band 21, Heft 4, S. 526-529
ISSN: 0506-7286
In: SpringerBriefs in Law Ser
Intro -- Contents -- Introduction -- References -- Why -- 1 Why's of Fascination -- Abstract -- 1.1 Peirce's Smile -- 1.2 Three Ladies, (1) and (2) -- 1.3 Roberta Kevelson -- 1.4 Sign and Signs -- 1.5 Legal Semiotics Fascinates -- References -- 2 Social Life and Law -- Abstract -- 2.1 Social Life -- 2.2 Legal Discourse -- 2.3 Signs, Practice and Theory -- 2.4 Semiotics, Linguistics and Language -- References -- How -- 3 Words, Signs and Signifying Concepts -- Abstract -- 3.1 Words and Signs -- 3.2 Biographical Notes on Roberta Kevelson -- 3.3 Bibliographical Notes on Roberta Kevelson -- 3.3.1 Bibliographical Data and Techniques -- 3.3.2 Biography and Bibliography -- 3.3.3 Limitations -- 3.4 Signifying Concepts -- 3.4.1 Dynamism -- 3.4.2 Textuality -- 3.4.3 Pragmatism -- References -- 4 Semiotics Education in Law -- Abstract -- 4.1 The Nature of Semiotics -- 4.2 Dialogue -- 4.3 E-Education -- 4.4 Law School Experiences -- References -- 5 Kevelson's Semiotics Today -- Abstract -- 5.1 Introduction -- 5.2 Two Stories -- 5.3 Semiotics Today -- References -- Appendices -- 6 Appendix A: The Roberta Kevelson Papers -- 6.1 Introduction -- 6.2 Category Proposal -- 6.2.1 Appendix B: Bibliographic Material -- 6.3 Bibliographical Materials -- 6.3.1 Article Publications -- 6.3.2 Complete Bibliography -- 6.3.3 Charles S. Peirce -- 6.4 Publications -- 6.4.1 Charles S. Peirce and The Nation -- 6.4.2 Re-Editing the Peirce Bicentennial International Congress -- 6.4.3 Francis Lieber and Legal Hermeneutics -- 6.5 Research -- 6.5.1 Significs and Semiotics in Law -- 6.5.2 Semiotics of US and EU Jurisprudence -- 6.5.3 Charles S. Peirce -- 6.5.4 Semiotics and Legal Education Today -- 7 Appendix B: The Kevelson Bibliography
In: William & Mary Law School Research Paper No. 09-98
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In: San Diego Law Review, Band 46
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In: Univ. of Wisconsin Legal Studies Research Paper No. 1668
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Cover -- Half Title -- Dedication -- Title Page -- Copyright Page -- Table of Contents -- List of Participants -- Editors' Preface -- The Crime of Aggression from Nuremberg to the Rome Statute -- 1. The Historical Background -- 2. Origins of the Criminalization of Aggression: How Crimes Against Peace Became the "Supreme International Crime" -- 3. Will Aggressors Ever be Tried Before the ICC? -- 4. The Debate within the Preparatory Commission for the International Criminal Court -- The International Criminal Court and the Crime of Aggression: Questions of Definition and Jurisdiction -- 5. The Definition of the Crime of Aggression and the ICC Jurisdiction over that Crime -- 6. Aggression and the ICC: Views on Certain Ideas and their Potential for a Solution -- 7. Defining the Crime of Aggression or Redefining Aggression? -- 8. Definition of the Crime of Aggression: State Responsibility or Individual Criminal Responsibility? -- 9. The Crime of Aggression: Definitional Options for the Way Forward -- 10. The Exercise of the International Criminal Court's Jurisdiction over the Crime of Aggression: Short Term and Long Term Prospects -- The Crime of Aggression and the Relationship between the International Criminal Court and the Security Council -- 11. The Respective Roles of the ICC and the Security Council in Determining the Existence of an Aggression -- 12. Reflections on the Role of the Security Council in Determining an Act of Aggression -- 13. The ICC and the Security Council on Aggression: Overlapping Competencies? -- 14. The ICC and the Security Council: About the Argument of Politicization -- 15. Conclusions Générales -- Afterword The International Criminal Court and the Crime of Aggression: From the Preparatory Commission to the Assembly of States Parties and Beyond -- 16. An Outsider's View -- 17. An Insider's View -- Index.
The Corona Virus Disease (COVID-19) pandemic that has plagued the world has changed the mindset, how to behave and how to act, not only in social interaction but also has influenced the law enforcement system. Development in Information Technology (IT) has found a teleconference system as a means of conducting virtual courts as a reaction to social or physical distancing movements which is one way to prevent the spread of COVID-19. Although in practice the use of a virtual court in a trial is considered capable of preventing the spread of viruses, the use of a virtual court must keep be based on applicable laws and regulations. This paper is a normative legal research with legislation approach, case approach, comparative legal approach, and conceptual approach to legal material collected through literature study and then analyzed using grammatical, systematic, and extensive interpretation methods. Based on the results of the study, several countries such as the United Kingdom, China, Australia (New South Wales) and America (New York) and Indonesia (although limited to the examination of witnesses) have applied virtual courts in the justice system. Implementation of the trial using the virtual court method by teleconference did not violate the provisions of the trial set out in the Criminal Procedure Code (KUHAP). According to the Draft Law KUHAP has accommodated the trial using the virtual court method as an embodiment of legal principles in the judiciary that is carried out quickly, simply, and at a low cost. The use of virtual court is not the first or primary choice in examining criminal cases in Indonesia, in abnormal emergency conditions due to the COVID-19 pandemic as it is today, an examination by the virtual court method is a solution so that the criminal justice system continues to run without reducing the efforts to prevent the spread of the virus. Trials using virtual court facilities continue to accommodate the human rights of victims, witnesses and defendants through their virtual presence so that a fair trial continues in the courtroom.
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In: Journal of Comparative Legislation and International Law, Band 28, S. 1-25
This paper presents the findings of a comparative statistical study examining the application and trends in the deployment and utilisation of European Union (EU) law before the Scottish and Irish courts over a 10-year period from 2009–2018. The paper poses the question, how does European integration impact on the domestic legal systems of EU Member States due to the increasing volume, and significance, of cases where EU law is raised and applied within domestic legal systems? The research presented is of particular relevance in light of Brexit. It allows prescient reflection on the significant disruption and impact the United Kingdom's exit from the EU is likely to have on areas of domestic law which are highly integrated with EU law. It highlights the potential difficulties implicit in attempting to unpick over 40 years of assimilation of EU law and principles into Scots law. These research outcomes should lead to further reflection and debate on the role of EU law and its impact on judicial decision-making in the Scottish and Irish legal systems in general.
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In: Pólemos: journal of law, literature and culture, Band 11, Heft 1
ISSN: 2036-4601
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This essay addresses different patterns of the visualisation of the law. It examines how scholars attempt to depict, represent, and perform the law and its founding authority. It also focuses on the pragmatics of legal language: written and spoken standard legal English are pragmatically enriched within contexts where the law is interpreted, uttered, or performed. The linguistic notion of "context" discloses the interrelations between the agendas of law and power and reveals how the law conveys its content to the body politic as its ultimate addressee. It then proposes a renewed concept of legal linguistics. In order to determine the different ideologies underpinning the evolution of English legal language, as well as its prototypical forms of the visualisation of the law, three stages in the history of the English language will be examined: Late Middle English, Early Modern English, and Contemporary English. Each of these stages will be likened to the different parts of judicial proceedings. This will allow us to examine how English legal language has been used in a specific context, the trial, where the law is both uttered and performed.
In: International Journal for Crime, Justice and Social Democracy
ISSN: 2202-8005
To acknowledge the lived realities of women who kill their abusive partners when they are sleeping or inattentive, several jurisdictions have reformed or reinterpreted their criminal laws. Some have introduced specific domestic violence defences while others construe existing defences more broadly in recognition of the circumstances under which abused women kill. Germany, however, has not adopted these approaches. Through analysis of the 2003 Bundesgerichtshof's, the highest court of ordinary jurisdiction in Germany, so-called 'family tyrant' judgment, this article examines the treatment of women who kill their abusers in the German criminal justice system. The article concludes that law reform is necessary to better acknowledge the situation of female victims who kill their abusive intimate partners in non-confrontational circumstances in response to long-term domestic violence.