scholarly journals Sanction Accumulation in the Context of Business Offending: The Full Force of the Law?

2017 ◽  
Vol 25 (2) ◽  
pp. 163-187
Author(s):  
Christopher Harding
Keyword(s):  
Criminal Law ◽  
Theoretical Basis ◽  
Critical Assessment ◽  
Point Of View ◽  
International Context ◽  
The Past ◽  
Legal Sanctions ◽  
The Law ◽  
Full Force ◽  
Practical Impact

Over the past thirty years or so the regulation of business cartels in an international context has provided an interesting site for the application of legal sanctions—both criminal law and otherwise, both penal and otherwise—in a way which is wide-ranging and with some impressive accumulation in quantity, although without much systematic and considered reflection on the theoretical basis or practical impact of this practice. From the point of view of both policy and justice, the calculation and critical assessment of such sanction accumulation might appear to be an important and worthwhile exercise. Yet the theory and the methodology of such an assessment appears to be insufficiently considered and worked out. It will be argued here that this is a matter which deserves some reflection and clarification, with some endeavour to work out principle and method for the purpose of calculating sanction accumulation and the matching of the latter with victimhood in this context.

Defences in the Law of State ResponsibilityA View from Jurisprudence

2020 ◽  
pp. 179-202
Author(s):  
Luís Duarte d’Almeida
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Legal Theory ◽  
Criminal Responsibility ◽  
Point Of View ◽  
State Responsibility ◽  
The Law ◽  
Cross Fertilization

Ongoing discussions among international lawyers on defences in state responsibility have close analogies with debates in two other fields: debates in general legal theory on defeasibility in law, and debates in criminal law theory (and philosophy) on the elements of criminal responsibility. The similarities are not surprising. But it is striking how little cross-fertilization there seems to have been. For jurisprudence and criminal law scholars have developed a number of points and distinctions that international law theorists working on defences should find helpful. This chapter illustrates these claims. Section 2 looks at defences from the point of view of general legal theory, and section 3 does the same from the point of view of criminal law theory, recommending specific solutions to particular problems. Section 4 then shows how these contributions can help to answer some persistent questions surrounding defences in the law of state responsibility.

2. Criminal law history

2019 ◽  
pp. 23-37
Author(s):  
Jeremy Horder
Keyword(s):  
Criminal Law ◽  
Free Speech ◽  
Final Section ◽  
Civil Liberties ◽  
The Past ◽  
Moral Improvement ◽  
The Law ◽  
Biblical Thought

This chapter explores aspects of the criminal law’s history. The main focus is the influence of religious—and, especially, biblical—thought on the criminal law. This influence does something to explain the law’s harsh attitude to theft and homosexuality, as well as to murder. Examination of efforts to codify the law is also included. This exploration is central to the analysis of how the past has shaped the criminal law’s values. However, the development of the law has not been one of continuous moral improvement. Old injustices have been replaced by new ones. In that regard, threats to civil liberties are also discussed in the final section, focusing on bureaucratic regulation, terrorism, and free speech.

scholarly journals KENDALA DALAM PELAKSANAAN PENEGAKAN HUKUM TERHADAP PRAKTIK PARANORMAL SEBAGAI TINDAK PIDANA

2018 ◽  
Vol 1 (1) ◽  
pp. 1908
Author(s):  
Yusi Permatasi ◽  
Yuwono Prianto
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Legal Structure ◽  
The Law

In Society, Paranormal practices is considered as common things. Paranormal Practices is used for any good and also for crime, so to cope with the activities, government had regulated the act to control the crime by using paranormal background. The paranormal practices have been included as criminal acts. It has regulated in article 545 and article 546 of the criminal law act and set on as supernatural powers activity. As time passes, there are constraint in the alleviation law it’s law enforcement. This research was done with empirical or law sociological point of view, where Lawrence M. Friedman state that the elements of the legal system consist of Legal Structure, Legal Substance, and Legal Culture. The result of this research is the paranormal practices are differentiate by it used which is good or bad. The bad paranormal practices cause loss for society. This gave rise to uncertainty of law enforcement on the paranormal practices, therefore it need a deep research which is not only from the law enforcement point of view, but also the religious and cultural represented by figure.

Criminal Law

2019 ◽  
Author(s):  
Michael Allen ◽  
Ian Edwards
Keyword(s):  
Criminal Law ◽  
Strict Liability ◽  
Case Law ◽  
Mens Rea ◽  
Sexual Offences ◽  
The Past ◽  
Actus Reus ◽  
The Subject ◽  
The Law

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. Textbook on Criminal Law has been providing students of criminal law with a readable and reliable introduction to the subject for the past 28 years. This is the fifteenth edition, which has been updated to include all of the latest case law and statutory changes. Topics covered include actus reus, mens rea, negligence and strict liability, and capacity and incapacitating conditions. It also examines general defences, parties to crime, inchoate offences, and homicide. Towards the end of the book chapters consider non-fatal offences, sexual offences, offences under the Theft Acts 1968 and 1978, fraud, and criminal damage.

Duress and the Criminal Law: Another About Turn by the House of Lords

1988 ◽  
Vol 47 (1) ◽  
pp. 61-76 ◽  
Author(s):  
H. P. Milgate
Keyword(s):  
Northern Ireland ◽  
Criminal Law ◽  
Common Law ◽  
General Rule ◽  
The Past ◽  
House Of Lords ◽  
The Common ◽  
The Law ◽  
The Relationship ◽  
Second Degree

In the field of criminal law we should be used to the House of Lords changing its mind. In the course of the past three years the House has fundamentally altered its view on the meaning of intention, on the relationship between statutory and common law conspiracy and on the law of impossible attempts. Now we have another about turn. In R. v. Howe and Bannister the House of Lords has unanimously decided that duress can never be a defence to murder. Yet elsewhere in the criminal law (with the exception of some forms of treason) duress operates as a complete defence, leading to acquittal if raised successfully. In making murder an exception to this general rule the House, using its power under the Practice Statement of 1966, has departed from its previous decision in D.P.P. for Northern Ireland v. Lynch which allowed the defence of duress to be raised by principals in the second degree to murder. The Lynch decision, which had stood as part of the common law for some twelve years, is now consigned to the legal scrapheap.

scholarly journals PENERAPAN HUKUM TERHADAP TINDAK PIDANA PENGRUSAKAN BARANG DALAM AKSI UNJUK RASA

LEGALITAS ◽  
2020 ◽  
Vol 5 (1) ◽  
pp. 19
Author(s):  
Alex Subagyo Dan Irman Syahriar
Keyword(s):  
Research Method ◽  
Social Systems ◽  
Criminal Code ◽  
Point Of View ◽  
Human Being ◽  
Legal Research ◽  
Legal Sanctions ◽  
The Law ◽  
Group Interests

Basically the damage to other people's belongings is very detrimental to the owner of the damaged goods only partially or completely so that the owner of the goods can no longer use his belongings, other than that the goods that have been damaged are valuable to the owner by damaging the goods very disturbing the peace of the owner of the goods . How is the application of the law to the crime of destruction of goods in a demonstration and how is the criminological point of view of the crime of destruction of goods in a demonstrationThis type of research used in this study is a type of normative legal research, which is a legal research method that uses a statutory approachThe results showed that the threat of punishment in article 170 paragraph (1) of the Criminal Code, regarding legal sanctions for perpetrators of violence against people or goods in public is threatened with imprisonment for five years and six months, whereas in Article 406 paragraph (1) of the Criminal Code with the same result, namely violence against goods, the perpetrators were threatened with imprisonment for up to two years and eight months or a maximum fine of four Rp. 4,500 (four thousand and five hundred). Every human being has an interest, where interests are divided into three namely individual interests, group interests and general interests. Crime, violence and "mass vandalism" in Indonesia are products of social systems with various values that are not mutually harmonious, and are not always compatible, harmonious and balanced.

scholarly journals O Tribunal Superior do Trabalho e o trabalho escravo

2018 ◽  
Vol 1 (1) ◽  
pp. 151
Author(s):  
Sarah Gabay Pereira ◽  
José Claudio Monteiro de Brito Filho
Keyword(s):  
Supreme Court ◽  
Criminal Law ◽  
Point Of View ◽  
Court Of Justice ◽  
The Subject ◽  
The Law ◽  
Criminal Matters ◽  
Federal Supreme

Estudo que pretende analisar, do ponto de vista qualitativo, três decisões do Tribunal Superior do Trabalho (TST) no tocante ao trabalho em condições análogas à de escravo, verificando sua compatibilidade com a posição dominante do Supremo Tribunal Federal (STF) a respeito da temática, além de com decisões do Superior Tribunal de Justiça (STJ). A pesquisa será feita pela análise, como dito, qualitativa de decisões do TST, sendo, por isso, fonte de pesquisa principal a jurisprudência desse tribunal a respeito. Secundariamente, até para o confronto que será realizado, serão utilizadas, ainda, como fontes de pesquisa, a legislação, a doutrina e, especialmente, decisões do STF e do STJ que tratam do trabalho escravo, e que, embora tomadas principalmente em matéria penal, podem ser relacionadas à matéria trabalhista, que é a que motiva as decisões do TST a respeito da temática. Em síntese, o presente texto possui como escopo identificar o entendimento do TST em relação ao trabalho escravo, fazendo, ao final, comparação com o que vem sendo decidido por STF e STJ.  PALAVRAS-CHAVE: Trabalho escravo. Tribunal Superior do Trabalho. Caracterização. “Lista suja”.  Abstract This study intends to analyze, from a qualitative point of view, three decisions of the Superior Labor Court (TST) regarding work in conditions analogous to slavery. The purpose is to verify the compatibility of these decisions with the understanding of the Federal Supreme Court (STF) and the Superior Court of Justice (STJ) on the subject. Secondarily, the law, doctrine and, especially, STF and STJ decisions on the subject will be used as research sources in criminal law, linking the understanding in criminal matters with the understanding of the subject at hand. In summary, the present study has as its scope to comparatively identify the understanding of the decisions of the Superiors Courts regarding issues involving work in conditions analogous to that of slave.  KEYWORDS: Slavery. Superior Labor Court. Description. Employers' Registry. Dirty list.

Criminal Law

2021 ◽  
Author(s):  
Michael Allen ◽  
Ian Edwards
Keyword(s):  
Criminal Law ◽  
Strict Liability ◽  
Case Law ◽  
Mens Rea ◽  
Sexual Offences ◽  
The Past ◽  
Actus Reus ◽  
The Subject ◽  
The Law

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. Textbook on Criminal Law has been providing students of criminal law with a readable and reliable introduction to the subject for the past 30 years. This is the sixteenth edition, which has been updated to include all of the latest case law and statutory changes. Topics covered include actus reus, mens rea, negligence and strict liability, and capacity and incapacitating conditions. It also examines general defences, parties to crime, inchoate offences, and homicide. Towards the end of the book chapters consider non-fatal offences, sexual offences, offences under the Theft Acts 1968 and 1978, fraud, and criminal damage.

Children’s Rights and Theories of Rights

2013 ◽  
Vol 21 (4) ◽  
pp. 679-704 ◽  
Author(s):  
Hamish Ross
Keyword(s):  
Criminal Law ◽  
Conflicts Of Interest ◽  
Children's Rights ◽  
Children’S Rights ◽  
Past Century ◽  
Interest Theory ◽  
The Past ◽  
The Will ◽  
The Law ◽  
Will Theory

This essay revisits themes touched upon in an influential debate on the nature of rights between two of the leading jurists of the past century – H. L. A. Hart and Neil MacCormick. Consideration is given to how MacCormick uses children’s rights as a basis for a critique of Hart’s version of the will theory of rights towards support of MacCormick’s version of the rival interest theory of rights. While MacCormick argues, in some respects persuasively, that children’s rights and ‘rights’ apparently grounded in the criminal law present significant challenges to Hart’s version of the will theory of rights, these challenges – including the notion that Hartian will theory, in a sense, ‘disenfranchises’ children – are shown to have less force in the light of careful reassessment. It is also maintained that MacCormick’s version of the interest theory is itself significantly challenged by difficulties, including possible conflicts of interest, inherent in practical mechanisms – such as those enabling adult representatives to act on behalf of children – which the law provides to ensure that children’s rights may be properly exercised.

scholarly journals Objective and Subjective in Social Danger of Crime

2019 ◽  
pp. 51-60
Author(s):  
Lyubov Lobanova ◽  
Alexey Rozhnov
Keyword(s):  
Criminal Law ◽  
Cognitive Activity ◽  
Special Kind ◽  
Criminal Code ◽  
Point Of View ◽  
The Public ◽  
The Social ◽  
The Law ◽  
Subjective Phenomenon ◽  
Type Of Behavior

Social danger as a sign of crime was traditionally included in its definition in the Soviet criminal laws and is also mentioned in Part 1 of Article 14 of the current version of Criminal Code. However, with considerable attention to legal science, paid to the knowledge of this phenomenon, the social danger is not a fully studied phenomenon. Thus, the dialectic of the relation between the objective and the subjective in the social danger did not receive a uniform resolution. Social danger is the characteristic of human behavior, assessed by other people through their perceptions of the dangerous and useful, and it leaves its mark when applying the categories of objective and subjective. Being a subjective reality according to the source of its origin (man) and the product of human consciousness, social danger, however, exists objectively - in supra-individual forms and connections that form a society in the system. Hence the social danger is a special kind of objectively subjective phenomenon. The objectivity of public danger is also indicated by the fact that it is the subject of the cognitive activity of the legislator and can exist outside the legal field, without prohibiting the corresponding type of behavior in the law. The subjective properties are growing in social danger through the knowledge of the public danger of an act by the subjects united by the collective notion "legislator". Moreover, subjectivity increases as a result of mistakes made by the legislator,it's a kind of lawmaking "negligence". Acts reflected in criminal law are not always socially harmful from the point of view of the whole society. There are also prohibitions that protect purely class and group interests, which also expand the scope of the subjective in the analyzed phenomenon. The Law initially arose to protect people from themselves, as a condition of their reproduction. At the same time, even with the human development, this mission of the law still exists, and there is always a certain proportion of "eternal crimes" in the law, which is prohibited to commit in order to protect fundamental human values (life, health, sexual freedom and integrity, property). However, in the criminal law of any society there is a so-called "variable part", where prohibitions declare certain actions to be socially dangerous only at a certain stage of the state's historical development. The combination of "eternal" and "variable" crimes in criminal law also indicates the objectively subjective nature of the phenomenon of public danger.

Sign in / Sign up

Export Citation Format

Share Document