The Aims of Punishment

2020 ◽  
Keyword(s):  
Criminal Law ◽  
Transitional Justice ◽  
International Criminal Law ◽  
Criminal Sanctions ◽  
Law And Politics ◽  
Correctional Policy ◽  
Philosophy Of Punishment ◽  
Relationship Of ◽  
The Relationship ◽  
Field Of Inquiry

Punishing people for crimes depends upon aims the penal system should go after. This is a field of inquiry always actual and sensitive. The present volume contains contributions of acknowledged experts in jurisprudence, criminal law theory, criminology and penology. It focuses on a variety of the most recent streams of thought as to the philosophy of punishment, on international and interdisciplinary criminal law issues, on the role criminal sanctions play as well as on law comparative issues concerning Cyprus and Greece. The theoretical part presents vistas relative to the relationship of criminal law and politics, whereas the international/interdisciplinary criminal justice discourse touches upon topics like EU and international criminal law, organized crime, sentencing, correctional policy and transitional justice. The comparative part deals with crucial sectors of applied discourse as to punishment like suspension of imprisonment, life term, penology problems and problems of specific sanctions like confiscation. The volume contributes thus to a comprehensive updating of the respective academic discussion.

Ch.One Foundations

2020 ◽  
Author(s):  
Werle Gerhard ◽  
Jeßberger Florian
Keyword(s):  
Criminal Law ◽  
Transitional Justice ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
Peace Treaty ◽  
International Legal Order ◽  
History Of ◽  
The Relationship

This chapter sets down the legal and historical foundations of international criminal law. It begins with a brief overview of the history of international criminal law, beginning with the 1919 Versailles Peace Treaty and ending with the developments after the creation of the International Criminal Court (ICC) Statute. From there, the chapter discusses the concepts, aim, and legitimacy of international criminal law before turning to the role of international criminal law within the international legal order. Afterward, the chapter turns to the sources and interpretation of international criminal law as well as universal jurisdiction, the duty to prosecute, and transitional justice. Next, the chapter considers the relationship between international and domestic courts as well as the prosecution of international crimes under international law by international and ‘internationalised’ courts. Finally, this chapter closes with a discussion on international criminal law in practice.

scholarly journals HUBUNGAN KEBIJAKAN KRIMINAL DENGAN KEBIJAKAN HUKUM PIDANA

2020 ◽  
Vol 28 (1) ◽  
pp. 8
Author(s):  
Febriyanti Silaen ◽  
Syawal Amry Siregar
Keyword(s):  
Criminal Law ◽  
Justice System ◽  
Criminal Policy ◽  
Political Policy ◽  
Criminal Sanctions ◽  
Policy Application ◽  
Legislative Policy ◽  
The Difference ◽  
Relationship Of ◽  
The Relationship

The problem of overcoming crime in the community cannot be separated from the word Criminal policy which is carried out in the efforts of criminal policy and political policy. The relationship of criminal policy with criminal law policy is equally tackling crime where one is, by means of a penal effort while the difference is with non-criminal words or with the enforcement system only, if the criminal policy uses the word criminal justice system, with some crime prevention and handling by means of Penalty has several stages: Formulation (Legislative Policy), Application (Judicial or Judicial Policy); Execution (Executive Policy). Criminal countermeasure policy is the same as criminal law policy, which is protecting society to achieve social welfare. The effectiveness of criminal sanctions can be an important aspect to support the achievement of the criminal policy.

The Principle of Complementarity: A Reflection on Its Meaning, Origin and Types in International Criminal Law

2021 ◽  
Vol 29 (1) ◽  
pp. 82-94
Author(s):  
Muyiwa Adigun
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
International Criminal Law ◽  
World War ◽  
International Criminal Tribunals ◽  
The First World War ◽  
Domestic Courts ◽  
The Relationship ◽  
First World ◽  
Principle Of Complementarity

The principle of complementarity is one of the most important concepts in international criminal law as it defines the relationship between international criminal tribunals and domestic courts. Certain claims have been made in respect of this concept thus this study examines the correctness of the claims made. The study finds that the concept is claimed to have originated from the sciences and that its expression in international criminal law has taken a distinctive form different from that in the sciences, that it is traceable to the First World War and that there are at least about four categories of the concept. The study, however, argues that while the concept originated from the sciences, its expression in international criminal law is no different from that in the sciences, that it is traceable to the trial of Peter von Hagenbach in 1474 (the Breisach Trial) and that there are at least five categories of the concept. The study therefore concludes that the claims made are incorrect.

scholarly journals GENERAL LEGAL AND THEORETICAL ASPECTS OF COUNTERING RELIGIOUS EXTREMISM

2019 ◽  
Vol 29 (5) ◽  
pp. 673-680
Author(s):  
V.E. Zvarygin ◽  
A.S. Kondakov
Keyword(s):  
Religious Movements ◽  
New Religious Movements ◽  
Traditional Religion ◽  
Religious Philosophy ◽  
Law And Politics ◽  
Religious Extremism ◽  
Main Emphasis ◽  
Emerging Issues ◽  
Relationship Of ◽  
The Relationship

The main problems and philosophical issues of countering religious extremism, as well as emerging issues of religious philosophy and metaphysics are revealed. A comprehensive analysis of the problem of religious extremism in various aspects is carried out from the standpoint of law, philosophy, political science, psychology, sociology. The philosophical essence of religious extremism is established as a violation of socially acceptable behavior and established relations. Variants of human behavior after interaction with traditional religion and new religious movements are considered. Levels of destructiveness of religious extremism, methods and ways of counteracting it are revealed. The essence of states controlled by extremist-minded leaders is analyzed. It is noted that in most scientific works the problematic issues of manifestations of religious extremism are studied in the context of political, legal and socio-philosophical manifestations, as well as from the relationship of religious philosophy and metaphysics, and when defining the concept of religious extremism the main emphasis is made on principles of law and politics with application of base categories of ideology.

The Relationship between State Sovereignty and the Enforcement of International Criminal Law under the Rome Statute (1998): A Complex Interplay

2009 ◽  
Vol 9 (3) ◽  
pp. 531-545 ◽  
Author(s):  
Manuela Melandri
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Rome Statute ◽  
International Criminal ◽  
Current System ◽  
Specific Aspect ◽  
Criminal Court ◽  
International Criminal Law ◽  
State Sovereignty ◽  
The Relationship

AbstractThis article explores the relationship between state sovereignty and the enforcement of international criminal law under the Rome Statute of the International Criminal Court. This doing, it attempts to map out the ambivalent and sometimes contradictory roles that different typologies sovereignty play in advancing or hindering the enforcement of international criminal law. After a brief survey of the literature on the debate over 'international law vs. state sovereignty', the paper focuses on one specific aspect of the newly established ICC: the conditions for case admissibility. The analysis will show that the relationship between state sovereignty and international criminal justice is a dynamic and complex one, which needs to be understood and contextualized within the current system of international relations.

What's Wrong with Cartels?

2016 ◽  
Vol 44 (3) ◽  
pp. 401-418 ◽  
Author(s):  
Jonathan Crowe ◽  
Barbora Jedličková
Keyword(s):  
Common Good ◽  
Negative Impact ◽  
Economic Welfare ◽  
Coordination Problem ◽  
Criminal Sanctions ◽  
Social Coordination ◽  
The Common ◽  
Relationship Of ◽  
The Relationship

Cartels have a significantly negative impact on economic welfare. Anti-cartel competition law–such as the provisions of pt IV div 1 of the Competition and Consumer Act 2010 (Cth)–tries to tackle this negative impact through civil and criminal remedies. The prohibition of cartels is most commonly justified on economic grounds. However, reference is also often made to broader moral grounds for proscribing cartels–for example, it is commonly stated that cartels are deceptive, unfair or engaged in a form of cheating. This article advances a unified account of the moral status of cartels that integrates both economic and moral factors. It does so by emphasising the relationship of cartel behaviour to the moral duty to promote the common good. Cartels are wrong because they undermine the role of open and competitive markets as a salient response to an important social coordination problem in a way that leads to seriously harmful economic outcomes. This combination of factors supplies a robust justification for both civil and criminal sanctions in appropriate cases, thereby affording a principled foundation for the current framework of cartel regulation in Australia.

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