The Right To Be Punished

Author: Gabriel Hallevy
Publisher: Springer Science & Business Media
ISBN: 364232388X
Size: 48.53 MB
Format: PDF, ePub, Docs
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Sentencing an offender based on the structure of doctrinal sentencing in criminal
law must be uniform.13 Doctrinal sentencing in criminal law is completed by
choosing the most appropriate punishment for the case at hand by considering
the impersonal characteristics of the offense and the personal ... The match
between the punishment and the case is also examined in light of the general
purposes of punishment. ... 15Gabriel Hallevy, A Modern Treatise on the
Principle of Legality.

Foundational Texts In Modern Criminal Law

Author: Markus D Dubber
Publisher: OUP Oxford
ISBN: 0191654612
Size: 22.58 MB
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The treatise is one of the first modern tracts against capital punishment. It calls for
reforms based on the rule of law, principles of legality and fair notice, as well as
more proportional, swift, and certain punishments, drawing both on the tradition
of the Philosophes of the Encyclopédie and on utilitarian notions—thus
synthesizing deontological Enlightenment principles with core utilitarian insights.
Beccaria's treatise was hugely influential on Blackstone and Bentham, and on the
early ...

Law Books In Action

Author: Angela Fernandez
Publisher: Bloomsbury Publishing
ISBN: 1847319238
Size: 18.39 MB
Format: PDF, Mobi
View: 3788
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Yet the influence of the treatise can be found in all the British jurisdiction
codifications of that century, implicitly so in Thomas Macaulay's India Penal Code
(IPC), and more openly in those that followed, including the Canadian Criminal
Code. Bentham ... All existing criminal laws were to be replaced by
comprehensive provisions set out in rational, consistent and accessible form,
anchored in the principles of utility, and amenable to efficient administration and
minimal judicial discretion.

Making The Modern Criminal Law

Author: Lindsay Farmer
Publisher: Oxford University Press
ISBN: 0199568642
Size: 15.40 MB
Format: PDF, Mobi
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The Criminalization series arose from an interdisciplinary investigation into criminalization, focussing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization ...

Ancient Laws And Modern Problems

Author: John Sassoon
Publisher: Intellect Books
ISBN: 1841501239
Size: 23.31 MB
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ANSWERS. TO QUESTIONS of principle are unlikely to be found in a relatively
superficial discussion. But it may be helpful to see if the ancient world, that
achieved stability over periods of time ... Driver and Miles are an exception to this
criticism, and Bottero comes close to joining them with his 'treatise on
jurisprudence'; and there is at least one even more recent source that hits the nail
squarely on the head.

Australian Law Journal And Law Reports

Author: Australia. High Court
Size: 71.44 MB
Format: PDF, Kindle
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To receive a grant of special leave there must be something special about the
case. Research in, and reference to, professional and academic writing is
imperative to assist the Court to □"Odgers. "Criminal Cases in the High Court of
Australia — McAuliffe and McAuliffe" (1996) 20 Criminal Law Journal 43 at 45 ;
Gray ( 1 999) 23 Criminal Law Journal 20 1 at 205. M K J M Smith, A Modern
Treatise on the Law of Criminal Complicity (1991) at pp 214-222; J C Smith, "
Criminal Liability of ...

The Law In Philosophical Perspectives

Author: Luc J. Wintgens
Publisher: Springer Science & Business Media
ISBN: 9401593175
Size: 15.47 MB
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Man, Law and Modern Forms of Life. With an Introduction by M.D. Bayles. 1985
ISBN 90-277-1869-5 W. Sadurski: Giving Desert Its Due. Social Justice and
Legal Theory. 1985 ISBN 90-277-1941-1 N. MacCormick and O. Weinberger: An
Institutional Theory of Law. New Approaches to Legal Positivism. 1986 ISBN 90-
277–2079–7 A. Aarnio. The Rational as Reasonable. A Treatise on Legal
Justification. 1987 ISBN 90-277–2276-5 M.D. Bayles: Principles of Law. A
Normative Analysis.