The Experts below are selected from a list of 211929 Experts worldwide ranked by ideXlab platform
Sadiq Reza - One of the best experts on this subject based on the ideXlab platform.
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transnational Criminal Law and procedure an introduction
2006Co-Authors: Sadiq RezaAbstract:This preface to papers from the Criminal Law and procedure panels of the AALS Workshop on Integrating Transnational Legal Perspectives Into the First-Year Curriculum, which took place in Washington D.C. in January 2006, suggests a typology of transnational Criminal matters - namely, matters of foreign Criminal Law or procedure, comparative Criminal Law or procedure, international Criminal Law or procedure, and extraterritorial aspects of domestic Criminal Law or procedure - and points readers to other publications on teaching transnational Criminal matters in Law school. The piece thus introduces the reader not only to the papers from the workshop but to teaching and scholarship in transnational Criminal Law and procedure generally.
Darryl Robinson - One of the best experts on this subject based on the ideXlab platform.
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Justice in Extreme Cases: Criminal Law Theory Meets International Criminal Law
2020Co-Authors: Darryl RobinsonAbstract:In Justice in Extreme Cases, Darryl Robinson argues that the encounter between Criminal Law theory and international Criminal Law (ICL) can be illuminating in two directions: Criminal Law theory can challenge and improve ICL, and conversely, ICL's novel puzzles can challenge and improve mainstream Criminal Law theory. Robinson recommends a 'coherentist' method for discussions of principles, justice and justification. Coherentism recognizes that prevailing understandings are fallible, contingent human constructs. This book will be a valuable resource to scholars and jurists in ICL, as well as scholars of Criminal Law theory and legal philosophy.
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An Introduction to International Criminal Law and Procedure: The Objectives of International Criminal Law
2007Co-Authors: Robert Cryer, Darryl Robinson, Hakan Friman, Elizabeth WilmshurstAbstract:Introduction The assertion of Criminal jurisdiction over a person is amongst the most coercive activities any society can undertake. Punishing a person involves conduct towards them which requires a deprivation of some form of their liberty or a setting-back of their property interests. Such a deprivation of liberty or property requires justification. Furthermore, Criminal Law is not, in itself, a good or a bad thing. It is a tool, designed to achieve certain ends. Some of those ends may be better pursued by means other than prosecutions. It has been suggested by some that the justifications for punishment may differ, or at least be differently interpreted, between international Criminal Law and domestic Criminal Law. It is true that the general situations in which international Criminal Law is invoked are those of mass Criminality, which are not the normal case in domestic Criminal Law enforcement. In addition, certain additional aims for international Criminal Law tend to be grafted onto those which are postulated for domestic systems of Criminal Law. These include the telling of the history of a conflict, distinguishing individual from group responsibility, reconciling societies and capacity building in domestic judicial systems. It is also true that international society is not the same as domestic society. Nonetheless, much of the implementation of international Criminal Law is intended to be at the domestic level, therefore it is questionable whether the objectives of punishment ought to differ that significantly between international and municipal Criminal Law.
George P. Fletcher - One of the best experts on this subject based on the ideXlab platform.
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The Grammar of Criminal Law - Introduction: International Criminal Law— Basic Concepts
The Grammar of Criminal Law, 2019Co-Authors: George P. FletcherAbstract:This introductory chapter provides an overview of the basic concepts of international Criminal Law. To understand the international legal order in the field of Criminal Law, one needs to ask three elementary questions. What is international Law? What is Criminal Law? And what happens to these two fields when they are joined together? International Law is about the legal obligations that arise between and among states. Meanwhile, the concepts of crime and Criminal Law are more complex than meets the eye. The chapter then considers the Dogmatik of international Criminal Law and the relevance of the Law of war. The most significant contribution of the Dogmatik for Criminal Law was the invention of the tripartite system, namely the three levels of analysis that determine the structure of every Criminal offense.
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Parochial versus Universal Criminal Law
2005Co-Authors: George P. FletcherAbstract:This paper takes two legislative developments in the English-speaking world - the precedent of statutory Criminalization of treason in England, and the establishment of federal Criminal Law in the United States - and compares them with the development of two distinct branches of supranational Criminal Law: international Criminal Law and European Criminal Law. In doing so, the author demonstrates two different approaches to Criminal Law and the way in which Criminal Law can be used to protect different values. The author argues that the Criminalization of certain violations follows two distinct patterns. In some cases, Criminal Law aims at preserving self-interest: for example, in the EU, this has taken the form of concentrating efforts to Criminalize fraud against the EU`s budget. This is what the author calls `parochial Criminal Law`. In other cases, Criminal Law has the broader purpose of pursuing the protection of universal interests: this is the case of the provisions Criminalizing war crimes, crimes against humanity and genocide. The author concludes with some suggestions for reform of the general parts of both international Criminal Law and European Criminal Law.
Keith N. Hylton - One of the best experts on this subject based on the ideXlab platform.
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Economic Theory of Criminal Law
Oxford Research Encyclopedia of Economics and Finance, 2019Co-Authors: Keith N. HyltonAbstract:Economic theory of Criminal Law consists of normative and positive parts. Normative economic theory, which began with writings by Beccaria and Bentham, aims to recommend an ideal Criminal punishment scheme. Positive economic theory, which appeared later in writings by Holmes and Posner, aims to justify and to better understand the Criminal Law rules that exist. Since the purpose of Criminal Law is to deter socially undesirable conduct, economic theory, which emphasizes incentives, would appear to be an important perspective from which to examine Criminal Law. Positive economic theory, applied to substantive Criminal Law, seeks to explain and to justify Criminal Law doctrine in economic terms – that is, in terms that emphasize the incentive effects created by the Law. The positive economic theory of Criminal Law literature can be divided into three phases: classical deterrence theory, neoclassical deterrence, and modern synthesis. The modern synthesis provides a rationale for fundamental Criminal Law doctrines, and also more puzzling portions of the Law such as the doctrines of intent and necessity. Positive economic theory also provides a rationale for the allocation of enforcement responsibilities.
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Economic Theory of Criminal Law
Oxford Research Encyclopedia of Economics and Finance, 2019Co-Authors: Keith N. HyltonAbstract:Criminal Law consists of substantive and procedural parts. Substantive Law is the set of rules defining conduct that violates the Law. Procedural Criminal Law is the set of rules regulating the process of punishment. Substantive rules apply mostly to individual actors, and procedural rules apply to public enforcement agencies and adjudicators. Economic theory of Criminal Law consists of normative and positive parts. Normative economic theory, which began with writings by Beccaria and Bentham, aims to recommend an ideal Criminal punishment scheme. Positive economic theory, which appeared later in writings by Holmes and Posner, aims to justify and to better understand the Criminal Law rules that exist. Since the purpose of Criminal Law is to deter socially undesirable conduct, economic theory, which emphasizes incentives, would appear to be an important perspective from which to examine Criminal Law. Positive economic theory, applied to substantive Criminal Law, seeks to explain and to justify Criminal Law doctrine in economic terms—that is, in terms that emphasize the incentive effects created by the Law. The positive economic theory of Criminal Law literature can be divided into three phases: Classical deterrence theory, neoclassical deterrence, and modern synthesis. The modern synthesis provides a rationale for fundamental Criminal Law doctrines and also more puzzling portions of the Law such as the doctrines of intent and necessity. Positive economic theory also provides a rationale for the allocation of enforcement responsibilities.
Robert Weisberg - One of the best experts on this subject based on the ideXlab platform.
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What Is Criminal Law About
2016Co-Authors: Guyora Binder, Robert WeisbergAbstract:In a recent critique, Jens Ohlin faults contemporary Criminal Law textbooks for emphasizing philosophy, history and social science at the expense of doctrinal training. In this response, we argue that the political importance of Criminal Law justifies including reflection about the justice of punishment in the professional education of Lawyers. First, we argue that both understanding and evaluating Criminal Law doctrine requires consideration of political philosophy, legal history, and empirical research. Second, we argue that the indeterminacy of Criminal Law doctrine on some fundamental questions means that Criminal Lawyers often cannot avoid invoking normative theory in fashioning legal arguments. Finally, we argue that the high stakes of Criminal Law and its contingency on democratic politics make Criminal Law teaching as much a matter of civic education as of technical education.
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what is Criminal Law about
Michigan Law Review, 2015Co-Authors: Guyora Binder, Robert WeisbergAbstract:INTRODUCTIONIn "The Changing Market for Criminal Casebooks," Jens David Ohlin offers an appreciative, but nevertheless critical review of established Criminal Law casebooks.1 He then introduces his own offering by describing "a vision for a new casebook" that will better serve the needs and wants of contemporary students.2Ohlin begins with the arresting claim that Criminal Law professors are passionate about their subject because they are fascinated by human depravity.3 Then, throughout his essay, he stresses efficient, consumer-focused delivery of doctrinal instruction as the defining task of a successful casebook.4 Moreover, he argues, casebooks should devote less attention to academic theories and articles, to normative questions about what the Law should be, or even to interpretive questions about what the Law is.5 Prevailing rules should be quickly summarized by the editor, so that students can focus on learning the skill of applying these rules to challenging fact situations.6While Ohlin raises important issues of pedagogical method, his own announced pedagogical method would translate Criminal Law into technical training in pragmatic Lawyerly skills. As a result, he offers readers something less than a "vision" of what Criminal Law is about, why it is worth learning, and what a Criminal Law casebook should teach. In this Response, we address these unanswered questions, identifying those issues of justice and politics that we believe make Criminal Law interesting and important. Further, we argue that even if doctrinal instruction is the goal, achieving it requires consideration of political philosophy, legal and intellectual history, and empirical research. Moreover, we argue that the indeterminacy of doctrine on some fundamental questions means that Criminal Lawyers often cannot avoid invoking normative theory in fashioning legal arguments. The discretion accorded many actors in the Criminal justice system means that fundamental questions of justice are also highly practical questions. Finally, we argue that the high stakes of Criminal Law and its contingency on democratic politics make Criminal Law teaching as much a matter of civic education as of technical education.I. WHAT MAKES Criminal Law COMPELLING?Ohlin's opening claim is that Criminal Law "takes as its point of departure the indignities that human beings visit upon each other . . . . a parade of horribles, an indictment of humanity's descent into moral weakness."7 It thereby captivates us in ways that torts and contracts cannot, and he suggests that because of the human proclivity toward indulgence in this depravity, professors in the field are "obsess[ed]" and "addicted" to this "intensity and despair."8 Of course, we concede that crime is dramatic and Criminal Law cases can be colorful. But surely Criminal Law also calls its teachers for deeper reasons.Punishment is the strongest manifestation of government power, and the need to justify, check, and channel that power is an intellectual challenge for professors and students alike. The conventional answers to that problem are supplied by utilitarian and deontological moral thought, but the problem of punishment, and the issues raised in Criminal Law, are political as well as moral.9 While American Criminal Law, as a historical matter, owes more to utilitarian legal thought than to deontological moral philosophy, any body of Criminal Law is both retributive and preventive in function. Criminal Law regulates violence by asserting a public monopoly on vengeance. It mobilizes collective blame and deploys it to take sides in violent social conflicts. It may not be able to prevent every act of victimization, but by vindicating victims, it prevents them from suffering the indignity of an offender victimizing them with impunity. In this way Criminal Law serves as a guarantor of each individual's civic equality. By identifying the state as the ultimate protector of each individual's security and dignity, Criminal Law gives each individual a stake in the Law's authority. …
