The Western Codification Of Criminal Law

Author: Aniceto Masferrer
Publisher: Springer
ISBN: 3319719122
Size: 37.99 MB
Format: PDF, Mobi
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This volume addresses an important historiographical gap by assessing the respective contributions of tradition and foreign influences to the 19th century codification of criminal law. More specifically, it focuses on the extent of French influence – among others – in European and American civil law jurisdictions. In this regard, the book seeks to dispel a number of myths concerning the French model’s actual influence on European and Latin American criminal codes. The impact of the Napoleonic criminal code on other jurisdictions was real, but the scope and extent of its influence were significantly less than has sometimes been claimed. The overemphasis on French influence on other civil law jurisdictions is partly due to a fundamental assumption that modern criminal codes constituted a break with the past. The question as to whether they truly broke with the past or were merely a degree of reform touches on a difficult issue, namely, the dichotomy between tradition and foreign influences in the codification of criminal law. Scholarship has unfairly ignored this important subject, an oversight that this book remedies.

Sentencing In International Criminal Law

Author: Silvia D'Ascoli
Publisher: Bloomsbury Publishing
ISBN: 1847316441
Size: 38.60 MB
Format: PDF
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This book deals with sentencing in international criminal law, focusing on the approach of the UN ad hoc Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR). In contrast to sentencing in domestic jurisdictions, and in spite of its growing importance, sentencing law is a part of international criminal law that is still 'under construction' and is unregulated in many aspects. International sentencing law and practice is not yet defined by exact norms and principles and as yet there is no body of international principles concerning the determination of sentence, notwithstanding the huge volume of sentencing research and the extensive modern debate about sentencing principles. Moreover international judges receive very little guidance in sentencing matters: this contributes to inconsistencies and may increase the risk that similar cases will be sentenced in different ways. One purpose of this book is to investigate and evaluate the process of international sentencing, especially as interpreted by the ICTY and the ICTR, and to suggest a more comprehensive and coherent system of guiding principles, which will foster the development of a law of sentencing for international criminal justice. The book discusses the law and jurisprudence of the ad hoc Tribunals, and also presents an empirical analysis of influential factors and other data from ICTY and ICTR sentencing practice, thus offering quantitative support for the doctrinal analysis. This publication is one of the first to be entirely devoted to the process of sentencing in international criminal justice. The book will thus be of great interest to practitioners, academics and students of the subject.

Spanish Administrative Law Under European Influence

Author: Ortega Álvarez Ortega
Publisher: Europa Law Publishing
ISBN: 9789089520838
Size: 11.82 MB
Format: PDF, ePub, Mobi
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This book is devoted to the study of the Europeanization of Spanish administrative law and its scope results, therefore, from the intersection of two basic notions On the one hand, Europeanization is here understood as a top-down process of innovation suffered by national law as an outcome of the structural principles which govern the relations between European and national systems On the other hand, the book focuses on some of the most important institutions of Spanish general administrative law in order to give a wide and comprehensive insight into the transformations of the system, going thus beyond the description of the transformations experienced by the regulation of concrete sectors of administrative action. Specifically, regulation of administrative procedure, case law on the right to good administration, public procurement law, public services regulation, interim measures in judicial review and the evolution of administrative sanctions are the main topics with which the book deals. The editors are all well-known specialists in European and Spanish administrative law, Luis Ortega is Professor of Administrative Law, Jean Monnet Professor of European Law and Director of the European Studies Centre of the University of Castilla-La Mancha. Luis Arroyo is Professor of Administrative Law at the University of Castilla-La Mancha and law clerk in the Constitutional Court of Spain, Carmen Plaza Martin is Professor of Administrative Law at the University of Castilla-La Mancha and Member of the European Group of Public Law