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  • Judgments of Love in Criminal Justice

    Series series Law and Criminology (R0)
    This volume is a new chapter in the future history of law. Its general perspective could not be more original and its critical ethical edge on the state of international law could not be timelier. It explores a compassionate philosophical approach to the genuine substance of law, criminal procedure, international criminal law and international criminal justice. It divides law into three ... Read more

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  • General Principles of Law - The Role of the Judiciary

    Edited by Laura Pineschi ...
    Series series Law and Criminology (R0)
    This book examines the role played by domestic and international judges in the “flexibilization” of legal systems through general principles. It features revised papers that were presented at the Annual Conference of the European-American Consortium for Legal Education, held at the University of Parma, Italy, May 2014.This volume is organized in four sections, where the topic is mainly explored ... Read more

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  • The Right to Be Punished

    Modern Doctrinal Sentencing

    Series series Law and Criminology (R0)
    Does an offender have the right to be punished? "The right to be punished" may sound like an oxymoron, but it is not necessarily so. With the emergence of modern criminal law, the offender gained the right to be punished by rational criminal law rather than being lynched by an angry mob. The present-day offender may have the right to be punished by doctrinal sentencing rather than being subjected ... Read more

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  • Rights Before Courts

    A Study of Constitutional Courts in Postcommunist States of Central and Eastern Europe

    Series series Law and Criminology (R0)
    This is a completely revised and updated second edition of Rights Before Courts (2005, paper edition 2008). This book carefully examines the most recent wave of the emergence and case law of activist constitutional courts: those that were set up after the fall of communism in Central and Eastern Europe. In contrast to most other analysts and scholars, the study does not take for granted that they ... Read more

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  • Law, Ideology and Punishment

    Retrieval and Critique of the Liberal Ideal of Criminal Justice

    by A.W. Norrie ...
    Series series Philosophy and Religion (R0)
    This book is about 'Kantianism' in both a narrow and a broad sense. In the former, it is about the tracing of the development of the retributive philosophy of punishment into and beyond its classical phase in the work of a number of philosophers, one of the most prominent of whom is Kant. In the latter, it is an exploration of the many instantiations of the 'Kantian' ideas of individual guilt, ... Read more

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  • Justice for Victims of Crime

    Human Dignity as the Foundation of Criminal Justice in Europe

    by Albin Dearing ...
    Series series Law and Criminology (R0)
    This book analyses the rights of crime victims within a human rights paradigm, and describes the inconsistencies resulting from attempts to introduce the procedural rights of victims within a criminal justice system that views crime as a matter between the state and the offender, and not as one involving the victim. To remedy this problem, the book calls for abandoning the concept of crime as an ... Read more

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  • Freedom of Expression in a Diverse World

    Edited by Deirdre Golash ...
    Series series Law and Criminology (R0)
    The essays in this volume consider issues at the intersection of freedom of expression and racial, cultural, and gender diversity. The claims of those whose cultures and beliefs differ from our own are no longer the exclusive province of diplomats, as the Danish newspaper that published cartoons ridiculing Mohammed quickly learned. Negotiating the claims of freedom of expression as they come into ... Read more

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  • Arguments, Stories and Criminal Evidence

    A Formal Hybrid Theory

    by Floris J. Bex ...
    Series Book 92 - Law and Philosophy Library
    In this book a theory of reasoning with evidence in the context of criminal cases is developed. The main subject of this study is not the law of evidence but rather the rational process of proof, which involves constructing, testing and justifying scenarios about what happened using evidence and commonsense knowledge. A central theme in the book is the analysis of ones reasoning, so that complex ... Read more

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  • Responsibility and Criminal Liability

    by C.T. Sistare ...
    Series series Philosophy and Religion (R0)
    autonomy principally in tenns of the agent's conscious choice of ends or conduct. From this, the cognitivist emphasis on mental states and their contents naturally follows. The presence of specified mental states, as signifying agent choice, thus becomes the hallmark of responsible conduct. Capacities model theorists, by contrast, interpret personal autonomy and agent responsibility in tenns of ... Read more

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  • Retribution Reconsidered

    More Essays in the Philosophy of Law

    by J.G. Murphy ...
    Series series Philosophy and Religion (R0)
    Jeffrie G. Murphy's second collection of essays further pursues the topics of punishment and retribution that were explored in his 1979 collection Retribution, Justice and Therapy.Murphy now explores these topics in the context of political philosophy as well as moral philosophy, and he now begins to develop some doubts about the version of the retributive theory with which his name has long been ... Read more

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  • War Crimes, Genocide, and Justice

    A Global History

    by D. Crowe ...
    Series series History (R0)
    In this sweeping, definitive work, historian David Crowe offers an unflinching account of the long and troubled history of genocide and war crimes. From ancient atrocities to more recent horrors, he traces their disturbing consistency but also the heroic efforts made to break seemingly intractable patterns of violence and retribution. ... Read more

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  • Foundations of Civil Justice

    Toward a Value-Based Framework for Reform

    Series series Law and Criminology (R0)
    This book reviews the knowledge corpus about access to civil justice across disciplines and legal traditions and proposes a new research framework for civil justice reform. This framework is intended to foster further critical analysis of the justice system in a systematic and organized way. In particular, the framework underlines the tensions between different values considered as central to the ... Read more

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