Animal Rights and Legal Personhood
In: Cornell Law Review, Forthcoming 2024
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In: Cornell Law Review, Forthcoming 2024
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"Analogy" is a principle of substantive criminal law which permits the conviction of an accused despite the absence of any defined criminal behavior.' If the actions of the accused are perceived to be inimical to the socio-political order then he may be found guilty of a defined crime which prohibits analogous behavior. Analogy may also be employed in a more restrained fashion as a principle of sentencing law. If the accused has committed a defined crime which is now perceived to be more deleterious his punishment may exceed the maximum legislatively mandated sentence. Analogy is, therefore, one method of defining and punishing acts which are perceived to be iniquitous. In this application, analogy is qualitatively distinguished from liberal statutory interpretation, 2 and it frequently includes or accompanies the retroactive application of law. The principle of analogy is neither the product of twentieth century jurisprudence, 3 nor is its application confined to regimes which Westerners characterize as totalitarian. 4 However, it was employed until 1958 in the Soviet Union and it is still in use in the People's Republic of China. Our focus will be primarily on these modern applications.
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In: American journal of international law, Volume 97, Issue 3, p. 712
ISSN: 0002-9300
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Working paper
In: International journal of legal information: IJLI ; the official journal of the International Association of Law Libraries, Volume 29, Issue 2, p. 219-231
ISSN: 2331-4117
The Member States of the European Union have diverse legal traditions explained in part by the dichotomy of common law and civil law systems. Yet notwithstanding this diversity all Member States have adjusted to the new legal order created by the European Community in accepting the primacy of EC law and the legal principles establishing by the European Court of Justice. This paper examines briefly the Irish experience in making that adjustment.
In: Juris diversitas
1. Technicalities of doubting : temple consultations and criminal trials in India / Daniela Berti -- 2. Judging destiny : doubt and certainty in Chinese divinatory rituals / Stephanie Homola -- 3. Religious uncertainty, astrology, and the courts in South India / Gilles Tarabout -- 4. When judges feel misjudged : encountering doubt in Ghanaian courts / Jan Budniok -- 5. Doubt in action : the different times of doubt in French Assize Courts / Veronique Bouillier -- 6. 'The benefit of the doubt' in British asylum claims and international cricket / Anthony Good -- 7. In doubt : documents as fetishes in the Danish asylum system / Zachary Whyte -- 8. Emotions as evidence : hearings in the French asylum court / Carolina Kobelinsky.
In: Treaty implementation for sustainable development
In: International journal of law libraries: IJLL ; the official publication of the International Association of Law Libraries, Volume 9, Issue 6, p. 278-278
ISSN: 2626-1316
In: International journal of law libraries: IJLL ; the official publication of the International Association of Law Libraries, Volume 1, Issue 2, p. 89-95
ISSN: 2626-1316
In: International journal of law libraries: IJLL ; the official publication of the International Association of Law Libraries, Volume 1, Issue 1, p. 33-42
ISSN: 2626-1316
In: International Journal for Crime, Justice and Social Democracy, Volume 3, Issue 1, p. 81-106
ISSN: 2202-8005
This article critically examines the New South Wales State Government's latest policy response to the problem of alcohol-related violence and anxiety about 'one punch' killings: the recently enacted Crimes and Other Legislation Amendment (Assault and Intoxication) Act 2014 (NSW). Based on an analysis of both the circumstances out of which it emerged, and the terms in which the new offences of assault causing death and assault causing death while intoxicated have been defined, I argue that the Act represents another example of criminal law 'reform' that is devoid of principle, produces a lack of coherence in the criminal law and, in its operation, is unlikely to deliver on the promise of effective crime prevention in relation to alcohol-fuelled violence.
In: Cuestiones Políticas; edición de julio de 2022, Volume 40, Issue 73, p. 52-70
ISSN: 2542-3185
The aim of the study was to identify and analysed the novelties of the criminal law of Ukraine and the EU Member States caused by the COVID-19 pandemic, as regulations and social impact tools. The content analysis, doctrinal approach, comparative method, as well as general methods were applied to analysed research papers, regulations, case law and statistics on COVID-19-related crimes. Criminal law is considered as part of anti-pandemic policy. National governments focus on responding to individual COVID-19-related crimes rather than on crime trends in general. Due to the transient situation, European and Ukrainian practice has shown the priority of adapting existing criminal law to prevent COVID-19. In general, the transformation of criminal law involves establishing rules that can be applied in any pandemic. An important area is the response to long-term criminal challenges (domestic violence, organized crime) through criminal law. The experience of European countries and Ukraine in responding to global threats reveals uncertainty in the criminal law transformation approaches. This determines the reasonability of working out a common European framework of criminal law policy and prospects for the development of criminal law, which can be defined in international recommendatory instruments.
In: Canadian Journal of Law and Jurisprudence, Volume 30
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In: International journal of legal and social order, Volume 3, Issue 1
ISSN: 2821-4161
Criminal procedural law includes a series of fundamental and specific principles and strict rules according to which the judicial bodies have the obligation to find out the truth in the criminal process.
Finding the truth is subject to the collection of evidence related to the facts and circumstances of the case, the suspect, the defendant, as well as the other parties and the injured person.
In order to fulfill this principle, it is necessary to comply equally with other basic rules embodied in the presumption of innocence, the right to defense, respect for human dignity, in fact all the rules that govern the conduct of the criminal process.
Searching, discovering and finding out the truth are, in essence, the elements of a knowledge process. We can conclude, therefore, that any criminal trial fundamentally represents an extensive process of knowledge.
In: Refo500 academic studies 20