Introduction: Religion and the Criminal Law: Legal and Philosophical Perspectives
In: Punishment & society, Band 5, Heft 3, S. 259-260
ISSN: 1741-3095
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In: Punishment & society, Band 5, Heft 3, S. 259-260
ISSN: 1741-3095
In: Longman law series
International Criminal Law in Context provides a critical and contextual introduction to the fundamentals of international criminal law. It goes beyond a doctrinal analysis focused on the practice of international tribunals to draw on a variety of perspectives, capturing the complex processes of internationalisation that criminal law has experienced over the past few decades. The book considers international criminal law in context and seeks to account for the political and cultural factors that have influenced--and that continue to influence--this still-emerging body of law. Considering the substance, procedures, objectives, justifications and impacts of international criminal law, it addresses such topics as: the history of international criminal law; the subjects of international criminal law; transitional justice and international criminal justice; genocide, crimes against humanity, war crimes and the crime of aggression; sexual and gender-based crimes; international and hybrid criminal tribunals; sentencing under international criminal law; and the role of victims in international criminal procedure. The book will appeal to those who want to study international criminal law in a critical and contextualised way. Presenting original research, it will also be of interest to scholars and practitioners already familiar with the main legal and policy issues relating to this body of law.
Defence date: 9 June 2014 ; Examining Board: Professor Martin Scheinin, EUI (Supervisor) Professor Nehal Bhuta, EUI Professor William Schabas, Middlesex University, London Judge Christine Baroness Van den Wyngaert, International Criminal Court. ; This PhD thesis was awarded the Cappelletti Prize. ; Complicity is a criminal law doctrine that attributes responsibility to those who do not physically perpetrate the crime. It is an essential mode of liability for core international crimes because it reaches out to senior political and military leadership. These persons do not usually engage in direct offending, yet in the context of mass atrocities they are often more culpable than foot soldiers. The Statutes of the ad hoc tribunals, hybrid courts and the International Criminal Court expressly provide for different forms of complicity, and domestic legal systems recognize it in one form or another. This is in contrast with alternative modes of liability implied from the Statutes to address the situations with multiple accused removed from the scene of the crime / (in)direct co-perpetration, extended perpetration and the joint criminal enterprise.
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In: Nuclear law bulletin, S. 9-27
ISSN: 0304-341X
Legislation in the health sector must always follow and fulfill the community needs. After that, it must be able to answer the problems of the community in the health sector, so that people feel at ease as citizens. It is the duty of the government so that people can enjoy health care at affordable costs. In addition, hospitals must always maintain their professionals. The problem this paper about how is criminal law policy in health care and the methods is Normative legal research is research conducted by examining library materials. This research on normative literature includes research on legal principles, research on legal systematic, research on the levels of vertical and horizontal synchronization, comparison of law and legal history. The result is obtained are in addition to criminal law, namely Law Number 1 Year 1946 on the Criminal Code, there are also several criminal policy that regulate criminal law protection in health care or medical. The laws and regulations are Law Number 36 Year 2009 on Health, Law Number 44 Year 2009 on Hospitals, Law Number 29 Year 2004 on Medical Practice and many other laws and regulations related to criminal policy in the health sector. Since ancient Greece, legal science has touched almost all aspects of human life, except the medical field. Health workers who existed at that time regulated their own work methods with professional codes of ethics and oaths that were deeply rooted in tradition and had a strong influence on society.
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In: Core text series
World Affairs Online
In: Legal Dimensions
Intro -- Contents -- Introduction -- What Is a Crime? -- 1 What Is a Crime? A Secular Answer -- 2 Undocumented Migrants and Bill C- 11: The Criminalization of Race -- 3 Crime, Copyright, and the Digital Age -- 4 Criminalization in Private: The Case of Insurance Fraud -- 5 From Practical Joker to Offender: Reflections on the Concept of " Crime" -- 6 Poisoned Water, Environmental Regulation, and Crime: Constituting the Nonculpable Subject in Walkerton, Ontario -- Contributors -- Index.
The underrepresentation of Asian states as parties to the Rome Statute has elicited concerns that the region is significantly falling behind in developing and enforcing international criminal justice. This view accords significance to ratification of the Rome Statute as the primary measure of a country's willingness to give effect to the norms protected by international criminal law. However, the development of international criminal justice mechanisms and substantive law has not entirely escaped Southeast Asia, which has seen the adoption of a spectrum of approaches to international criminal justice, including the establishment of international(ised) criminal institutions, Rome Statute ratifications, and the adoption of domestic legislation addressing international crimes – as well as other transitional justice procedures.This thesis identifies the laws and institutions for prosecuting international crimes in Southeast Asia and considers the arguments presented by different actors to influence states' approaches toward international criminal justice. It suggests that a linear account of these developments as deriving from externally driven norm diffusion is incomplete. Instead, drawing particularly on the experiences of Cambodia, the Philippines and Indonesia, this thesis argues that states, international organisations and non-state actors in Southeast Asia have engaged in a process of localisation leading to the adaptation of the international criminal justice norm. The development of mechanisms for prosecuting international crimes across Southeast Asia challenges assumptions about the temporal progression of norm diffusion, spatial designations between 'local' and 'international' ideas and actors, and the direction in which ideas and influences evolve across the world.This thesis makes significant and original contributions to knowledge by applying a 'localisation' framework to analyse debates about international criminal justice, including with reference to three case studies, and by extending and updating earlier surveys of international criminal laws in Southeast Asian states.
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"Men have always dominated the most basic precepts of the criminal legal world - its norms, its priorities and its character. Men have been the regulators and the regulated: the main subjects and objects of criminal law and by far the more dangerous sex. And yet men, as men, are still hardly talked about as the determining force within criminal law or in its exegesis. This book brings men into sharp focus, as the pervasively powerful interest group, whose wants and preoccupations have shaped the discipline. This constitutes the 'man problem' of criminal law. This new analysis probes the unacknowledged thinking of generations of influential legal men, which includes the psychological and legal techniques that have obscured the operation of bias, even to the legal experts themselves. It explains how men's interests have influenced the most cherished legal norms, especially the rules of human contact, which were designed to protect men from other men, while specifically securing lawful sexual access to at least one woman. The aim is to test the discipline's broadest commitments to civility, and its trajectory towards the final resolution, when men and women were declared to be equal and equivalent legal persons. In the process it exposes the morally and intellectually limiting consequences of male power."--Bloomsbury Publishing