The Emerging History of Transnational Criminal Law Relating to Cybercrime

2021 ◽  
pp. 236-248
Author(s):  
Dominik Brodowski
Keyword(s):  
Criminal Law ◽  
Soft Law ◽  
National Legislation ◽  
Political Tension ◽  
History Of ◽  
Legal Frameworks

Dominic Brodowski digs through the early days of cybercrime’s emergence emphasizing how it acquired a strong transnational element in various ways and how dominant legal frameworks such as the Budapest Convention emerged from soft law and national legislation. He examines the more recent shift from a prosecutorial focus to the pursuit of evidence held abroad, and the rising political tension around the Russian- and Chinese-backed initiative on a UN convention on cybercrime.

The Dual Penal State

2018 ◽  
Author(s):  
Markus D. Dubber
Keyword(s):  
Criminal Law ◽  
Personal Autonomy ◽  
Wide Field ◽  
Liberal State ◽  
Political Issues ◽  
Penal State ◽  
Penal Law ◽  
War On Crime ◽  
History Of ◽  
Patriarchal Power

Dual Penal State: The Crisis of Criminal Law in Comparative-Historical Perspective addresses one of today’s most pressing social and political issues: the rampant, at best haphazard, and ever-expanding use of penal power by states ostensibly committed to the enlightenment-based legal-political project of Western liberal democracy. Penal regimes in these states operate in a wide field of ill-considered and little constrained violence, where radical and prolonged interference with the autonomy of the very persons upon whose autonomy the legitimacy of state power is supposed to rest has been utterly normalized. At bottom, this crisis of modern penality is a crisis of the liberal project itself; the penal paradox is merely the sharpest formulation of the general paradox of power in a liberal state: the legitimacy of state sovereignty in the name of personal autonomy. To capture the depth and range of the crisis of contemporary penality in ostensibly liberal states, Dual Penal State leaves behind customary temporal and parochial constraints, and turns to historical and comparative analysis instead. This approach reveals a fundamental distinction between two conceptions of penal power, penal law and penal police, that run through Western legal-political history, one rooted in autonomy, equality, and interpersonal respect, and the other in heteronomy, hierarchy, and patriarchal power. Dual penal state analysis illuminates how this distinction manifests itself in the history of the present of various penal systems, from the malign neglect of the American war on crime to the ahistorical self-satisfaction of German criminal law science.

A History of English Criminal Law. Leon Radzinowicz

1957 ◽  
Vol 29 (4) ◽  
pp. 372-373
Author(s):  
Charles F. Mullett
Keyword(s):  
Criminal Law ◽  
History Of

The Accountability of Multinational Companies for Human Rights Violations, Regulatory Trends and New Punitive Approaches Across Europe

2021 ◽  
Vol 11 (1) ◽  
pp. 36-62
Author(s):  
Rossella Sabia
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Multinational Companies ◽  
Financial Disclosure ◽  
Soft Law ◽  
Human Rights Violations ◽  
Legal Obligations ◽  
Disclosure Laws ◽  
Global Operations ◽  
Regulatory Trends

This article investigates the emergence of new regulatory trends in the context of human rights accountability - traditionally characterised by soft law and non-binding guidelines -, where in recent times mandatory non-financial disclosure laws have started to impose on multinational companies new legal obligations complemented by sanctions of a different nature and intensity. By comparing three relevant pieces of legislation in the European panorama, this contribution addresses the reasons why also criminal law scholars should pay attention to the evolution of such regulatory framework, as the prospect of punitive mechanisms aimed at holding large companies accountable for human rights violations in their global operations could become, to some extent, less remote.

Judges, Juries, and the History of Criminal Appeals

2011 ◽  
Vol 29 (1) ◽  
pp. 297-302
Author(s):  
Benjamin L. Berger
Keyword(s):  
United States ◽  
Criminal Justice ◽  
Criminal Law ◽  
Legal History ◽  
Structural Changes ◽  
Criminal Procedure ◽  
The United States ◽  
Early History ◽  
Criminal Justice Systems ◽  
History Of

The three articles offered in this forum on the early history of criminal appeals do us the great service of adding much of interest on this important but neglected issue in the development of Anglo–North American criminal procedure. The opaqueness of the legal history of criminal appeals stands in stark contrast to their centrality and apparent naturalness in contemporary criminal justice systems in England, Canada, and the United States. These three papers look at the period leading up to and immediately following the creation of the first formalized system of what we might call criminal appeals, the establishment of the Court of Crown Cases Reserved (CCCR) in 1848. This key period in the development of the adversary criminal trial was marked by both a concerted political effort to codify and rationalize the criminal law and by profound structural changes in the management of criminal justice.

scholarly journals “ATOMIC LAW” OR “NUCLEAR LAW”? AN ACADEMIC DISCUSSION REVISITED

2018 ◽  
Vol 5 (3) ◽  
pp. 135-151
Author(s):  
J. Handrlica
Keyword(s):  
Ionizing Radiation ◽  
International Law ◽  
Nuclear Energy ◽  
Popular Literature ◽  
Atomic Energy ◽  
Soft Law ◽  
Legal Scholarship ◽  
National Legislation ◽  
Legal Norms ◽  
Energy Law

The terms “atomic law” and “nuclear law” are regularly being (to a certain part as synonyms) used in both scientific and popular literature to refer to a body of legal norms, governing peaceful uses of nuclear energy and ionizing radiation, as provided by sources of international law (“international atomic law,” or “international nuclear law”), national legislation and a complex body of unbinding norms (soft law). Further, several other variations of these terms are also regularly used (such as “atomic energy law,” “nuclear energy law,” “international nuclear law,” “law of the atomic/nuclear energy,” etc.). This contribution aims to identify the origins of this terminological labyrinth and to deal with the perception of these terms in the legal scholarship. Further, this contribution deals with the recent perception of these terms in the legal science of major States, using nuclear energy for peaceful purposes. This article aims to clarify the existing terminology, which is to large extent being used in the literature without an appropriate explanation. The author pleads for a consequent use of the term “nuclear law” (droit nucléaire, yadernoe pravo, Nuklearrecht, derecho nuclear, diritto nucleare) and presents arguments for such conclusion.

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