Book Review: Definition in Criminal Law
In: Social & legal studies: an international journal, Band 15, Heft 2, S. 306-307
ISSN: 1461-7390
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In: Social & legal studies: an international journal, Band 15, Heft 2, S. 306-307
ISSN: 1461-7390
In: Žurnal Sibirskogo Federal'nogo Universiteta: Journal of Siberian Federal University. Gumanitarnye nauki = Humanities & social sciences, S. 2058-2078
ISSN: 2313-6014
The present article stipulates on various disputable issues of applying the general legal maxims on overcoming the conflict of lex posterior derogate priori and lex specialis derogate legi generali based on the empirical examples of contemporary Russian criminal law. The objective is to clear the peculiarities of operating the lex posterior and lex specialis maxims including, inter alia, through appealing to the doctrine and positive law in the aspect of correlation with some specific colnflict rules. For this purpose, the author turns to a number of techniques, ways and methods of legal phenomena studies, such as, particularly, system approach, ascend from abstract to specific, using the logic of standard and normative statements, conceptual and definition analysis, speculative experiment, legal and dogmatic approach, legal simulation method, law comparison method. The main conclusion of the research is formulated as follows: though the principles of lex specialis and lex posterior are generated by the legal doctrine as criteria for selecting one out of two conflicting options, the principle that a law governing a specific subject matter overrides a law governing only general matters finds a wider scope of application compared to the principle of priority of a new law over the old one. The situation is explained by the fact that lex specialis is deliberately used by the legislators to construct logical relationships of legal rules, while lex posterior does not perform a similar function
In: Uluslararasi Hukuk ve Politika, Band 7, Heft 26
In: American journal of international law: AJIL, Band 107, Heft 2, S. 454-460
ISSN: 2161-7953
In: Uluslararasi Hukuk ve Politika, Band 7, Heft 26, S. 125-152
In: The Cambridge yearbook of European legal studies: CYELS, Band 7, S. 17-31
ISSN: 2049-7636
The creation of an economically integrated Europe, based on free circulation across open borders, has probably facilitated an increase in transnational crime. One response to this phenomenon has been to try to create an integrated European criminal law. But legal integration will not magically solve all the problems related to transnational crime. Indeed, it may create problems of its own. By favouring efficiency (that is, repression) over legitimacy (the protection of fundamental rights), it favours a criminal justice policy oriented towards 'security'. By imposing the same rules throughout Europe, it disturbs the internal consistency of national legal systems. Nevertheless, the phenomenon of legal integration, facilitated by new legal instruments such as framework decisions, continues to develop. We might therefore ask ourselves, as an introduction, why this is so.
In: Yearbook of European law, Band 31, Heft 1, S. 373-401
ISSN: 2045-0044
In: China perspectives: Shenzhou-zhanwang, Heft 3, S. 80-82
ISSN: 2070-3449, 1011-2006
World Affairs Online
In: Social & legal studies: an international journal, Band 23, Heft 1, S. 73-92
ISSN: 1461-7390
This article considers how international criminal courts produce knowledge about women's experiences of large-scale violence. In 2001, the International Criminal Tribunal for Yugoslavia concluded that the crime of genocide had been committed in Srebrenica in 1995 and that the patriarchal nature of the Bosnian Muslim community was key to the genocide. This paper examines the processes by which the trial and appeal chambers came to know, and author an account of this community as patriarchal. I examine the transcripts of three witnesses who testified about the surviving community of Bosnian Muslim women, tracing how evidence was shaped and reshaped in the courtroom and then in the trial and appeal judgments. I argue here for the importance of exploring the mediating practices and actors that produce legal knowledge, to better understand how complex recognition of gendered harm unfolds, and is sometimes curtailed, through international criminal adjudication.
In: Proceedings of the annual meeting / American Society of International Law, Band 103, S. 256-259
ISSN: 2169-1118
In: Social & legal studies: an international journal, Band 27, Heft 3, S. 389-392
ISSN: 1461-7390
In: Journal of critical realism, Band 13, Heft 4, S. 339-367
ISSN: 1572-5138
In: Philosophy & technology, Band 33, Heft 3, S. 433-465
ISSN: 2210-5441
In: Gosudarstvo i pravo, Heft 2, S. 118
The paper aims are to highlight the process of institutionalization of sociology of criminal law, identify epistemological origins and formulate theoretical and methodological foundations of one of the most important areas of legal knowledge. The paper considers the role of the largest experts in the field of history and theory of legal doctrines, analyzes the views of E. Ferry, E. Ehrlich and other thinkers and justifies the priority of domestic lawyers in the use of sociological methods of analysis of criminal phenomena and social processes, in the formation of sociology of criminal law as an interdisciplinary field of jurisprudence. Special attention is paid to systematization of the accumulated research experience, the role of the sociology of law in regulatory enforcement of the Decree of the President of the Russian Federation No. 204 of May 7, 2018 "On the national goals and strategic objectives development of the Russian Federation for the period up to 2024", and developed by the Russian Government's National projects designed to achieve economic breakthrough in the country's development.
In: Punishment & society, Band 16, Heft 1, S. 50-73
ISSN: 1741-3095
This article discusses whether there is an increasing demand for criminal background checks in continental Europe. It also presents the legislative framework regulating criminal background checks in Europe where a requirement of 'proof of a clean criminal record' in public administration often co-exists with a situation where no specific laws regulate the rights of private employers to ask for such proof. Finally, the article suggests some legal protections for ex-offenders against the increasing use of criminal records in the job market and suggests that a law may be necessary to regulate the right of private employers to conduct criminal background checks.