Suchergebnisse

European Union (EU) law is known for its strong emphasis on effectivity and more generally for its instrumental character. This is not foreign even to European criminal law, a feature which creates some tension between the EU criminal law and criminal law in the national setting. EU Framework Decisions and Directives often require the Member States to criminalize certain forms of conduct with sanctions that are 'Effective, Dissuasive and Proportionate'. In this article, I try to show that it would be timely to look at EU criminal law from an alternative point of view, as a more mature law. I call this a legitimacy-based approach. Such a reading would ease some of these tensions. It would also be helpful in developing a criminal policy for the EU, a policy which would be realistic and pragmatic. And it would be easier to look at EU criminal law from the point of view of justice. In order to get there, we need to see where the (current) narrow deterrence argument gets is wrong or one-sided. Some social theory is needed in order to make the point. ; Peer reviewed

In the article, the author describes the history of the formation of constitutional legislation in Finland and, in particular, notes the key events and participants in the process of constitutionalism in the country. The author describes the Finnish arrangement for monitoring that the adopted laws comply with the Finnish constitution and its provisions of fundamental rights as well as the human rights obligations of Finland. Of particular importance in the article is the description of the development of the institution of fundamental human rights and freedoms, their form of consolidation in the legislation, as well as the shrinking role of customary law. The author emphasizes the important role of the provisions of the Constitution not only in guaranteeing the realization of rights and freedoms, but also in providing guidance for the subsequent development of legislative regulation on various fields of law, including the rights and duties relating to providing of a healthy environment. ; Peer reviewed

"This book discusses whether criminal law theory, or law theory more generally, can be regarded as a branch of science. The issues addressed in this book are following: Is the criminal law scholarship which obviously informs the legal system itself a form of science, and in what sense? Can there be systemic developments in criminal law theory? This question is coming more pressing as interdisciplinary approaches have increased influence in the field. More than that, the question will also have implications for our understanding of legal theory more generally. An innovative, important addition to how criminal law and theory should be viewed."--

This timely book offers revealing insights into the changing role of China in world governance as exemplified by the Silk Road Initiative, the People's Republic's first published major initiative for external affairs. Focusing on various aspects of the Silk Road Initiative, particularly those that are largely neglected in current discussions, including culture and philosophy, finance and investment, environmental protection and social responsibility, judiciary and lawyers, the authors explore a wide range of contexts in which China's role as an emerging power in international relations and international law is examined. In the current era of ever-increasing populism, protectionism and challenges to globalization, the authors explore the Chinese philosophy underpinning Chinese norms of regional and international development. Bearing in mind the political and economic uncertainties hampering the establishment of such norms, the authors offer crucial insights into how the Silk Road Initiative could or should be developed and regulated. Given its depth of coverage, the book is an indispensable read for anyone interested in the Initiative and its social-legal implications.