Corporate Criminal Liability

Author: Mark Pieth
Publisher: Springer Science & Business Media
ISBN: 9789400706743
Format: PDF, Kindle
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With industrialization and globalization, corporations acquired the capacity to influence social life for good or for ill. Yet, corporations are not traditional objects of criminal law. Justified by notions of personal moral guilt, criminal norms have been judged inapplicable to fictional persons, who ‘think’ and ‘act’ through human beings. The expansion of new corporate criminal liability (CCL) laws since the mid-1990s challenges this assumption. Our volume surveys current practice on CCL in 15 civil and common law jurisdictions, exploring the legal conditions for liability, the principles and options for sanctioning, and the procedures for investigating, charging and trying corporate offenders. It considers whether municipal CCL laws are converging around the notion of ‘corporate culture’, and, in any case, the implications of CCL for those charged with keeping corporations, and other legal entities, out of trouble.

Responsabilidad penal de las personas jur dicas

Author:
Publisher: Editorial Rasche
ISBN: 8415560028
Format: PDF, ePub
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La incorporación a través de la Ley Orgánica 5/2011, de 22 de junio, por la que se modifica la Ley Orgánica. 10/1995, de 23 de noviembre, del Código Penal de la responsabilidad penal de las personas jurídicas constituye una de las novedades más trascendentes en la futura interpretación de este cuerpo del ordenamiento jurídico español. La omisión de reglas relativas a su tratamiento procesal fue resuelta por parte de la Ley 37/2011, de 10 de octubre, de medidas de agilización procesal. Se trata de una materia que la práctica irá interpretando en los próximos años, y que en sus primeros momentos ha encontrado una crítica en ocasiones poco amable en la doctrina, a la vez que falta de confianza en los intervinientes en los juzgados y tribunales. A ellos va dirigido este manual práctico cuyo propósito es exponer de una manera sencilla tanto las reglas penales como las relativas a su tratamiento procesal.

The Internationalization of Law and Legal Education

Author: Jan Klabbers
Publisher: Springer Science & Business Media
ISBN: 1402094949
Format: PDF, Mobi
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The internationalization of commerce and contemporary life has led to a globalization of legal standards and practices. The essays in this text explore this new reality and suggest ways in which the new legal order can be made more just and effective.

The Fundamental Concept of Crime in International Criminal Law

Author: Iryna Marchuk
Publisher: Springer Science & Business Media
ISBN: 3642282466
Format: PDF, Kindle
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This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective. In this context, particular thought has been given to the catalyzing impact of the criminal law theory that has developed in major world legal systems upon the crystallization of the substantive part of international criminal law. This study offers a critical overview of international and domestic jurisprudence with regard to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive comparative analysis of substantive criminal laws in selected legal jurisdictions.

Aristotle and The Philosophy of Law Theory Practice and Justice

Author: Liesbeth Huppes-Cluysenaer
Publisher: Springer Science & Business Media
ISBN: 9400760310
Format: PDF, Kindle
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The book presents a new focus on the legal philosophical texts of Aristotle, which offers a much richer frame for the understanding of practical thought, legal reasoning and political experience. It allows understanding how human beings interact in a complex world, and how extensive the complexity is which results from humans’ own power of self-construction and autonomy. The Aristotelian approach recognizes the limits of rationality and the inevitable and constitutive contingency in Law. All this offers a helpful instrument to understand the changes globalisation imposes to legal experience today. The contributions in this collection do not merely pay attention to private virtues, but focus primarily on public virtues. They deal with the fact that law is dependent on political power and that a person can never be sure about the facts of a case or about the right way to act. They explore the assumption that a detailed knowledge of Aristotle's epistemology is necessary, because of the direct connection between Enlightened reasoning and legal positivism. They pay attention to the concept of proportionality, which can be seen as a precondition to discuss liberalism.

Federalism and Legal Unification

Author: Daniel Halberstam
Publisher: Springer Science & Business Media
ISBN: 9400773986
Format: PDF, Kindle
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How and to what degree do federations produce uniform law within their system? This comparative empirical study addresses these questions comprehensively for the first time. Originally produced under the auspices of the International Academy of Comparative Law, this volume examines legal unification in twenty federations around the world. Each of the successive chapters presents the forces of unification through the lens of a particular federal system. A comparative overview chapter provides a detailed analysis of the overall results with compelling visual illustrations of legal unification along different dimensions (e.g. by area of law; by federation; by civil vs common law system). The overview chapter summarizes and analyzes the means and methods of legal unification and the degree of legal unification of each system, and explains the driving forces of legal unity and diversity in federations more generally. The volume presents surprising findings that should make scholars rethink their abandonment of the civil law vs. common law distinction in comparative law. ​ This book is a milestone in the study of federalism. It is a rare and welcome melding of comparative law and comparative politics using both original data and qualitative analysis. Wide-ranging, probing, and definitive, this book is an invaluable resource for students of law, politics, and multi-level governance. Gary Marks, Burton Craige Professor, UNC-Chapel Hill, and Chair in Multilevel Governance, Vrije Universiteit Amsterdam

Regulating Corporate Criminal Liability

Author: Dominik Brodowski
Publisher: Springer
ISBN: 3319059939
Format: PDF, Mobi
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Corporate Criminal Liability is on the rise worldwide: More and more legal systems now include genuinely criminal sanctioning for legal entities. The various regulatory options available to national criminal justice systems, their implications and their constitutional, economic and psychological parameters are key questions addressed in this volume. Specific emphasis is put on procedural questions relating to corporate criminal liability, on alternative sanctions such as blacklisting of corporations, on common corporate crimes and on questions of transnational criminal justice.

The Convergence of the Fundamental Rights Protection in Europe

Author: Rainer Arnold
Publisher: Springer
ISBN: 940177465X
Format: PDF, ePub, Docs
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The book gives insight into the structures and developments of the fundamental rights protection in Europe which is effective at the levels of the national Constitutions, the European Convention of Human Rights and, for the EU member States of the EU Fundamental Rights Charter. The contributions of renowned academics from various European countries demonstrate the functional interconnection of these protection systems which result in an increasing convergence. Basic questions are reflected, such as human dignity as foundation of fundamental rights or positive action as a specific form of equality as well as the concept of rights convergence. In this latter contribution the forms of direct reception of a different legal order and of the functional transfer of principles and concepts are analyzed. Particular reference is made to the EU Charter, the United Kingdom Human Rights Act as well as to France and Germany. It becomes obvious how important interpretation is for the harmonization of national and conventional fundamental rights protection. Traditional institutional approaches like the dualist transformation concept in Germany are functionally set aside in the harmonization process through constitutional interpretation. Specific studies are dedicated to the field of the EU Fundamental Rights Charter and to the European impacts on the national fundamental rights protection in selected countries such as the “new democracies” Poland, Romania and Kosovo as well as more traditional systems such as Spain, Italy, the Nordic countries or Turkey.

On the Sociology of International Law and International Society

Author: Bart Landheer
Publisher: Springer
ISBN: 9401507929
Format: PDF, ePub, Mobi
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The academic or scientific occupation with international relations is not always an encouraging task. At times one gets an image of the enormous psychic and physical forces which operate in the international realm, and it then seems that the role of the publicist is almost a negligible one. If one, in addition, arrives at the conclusion that human social action is not really a volitional process, then there is indeed ample room for pessimism and despair. Nevertheless, in the complexity of our consciousness, the different elements of which life is made of blend into a unity of which the idea is as much a part or even more so than the deed or action. The stress on action expresses the crudeness of our times but the idea has been much more the motivation of history and its cohesive force over long periods. Action in terms of force is never in itself the entire solution because it carries no conviction or understanding, at least unless its role is a very moderate one.

The Joy of the Gospel

Author: Pope Francis
Publisher: Image
ISBN: 0553419544
Format: PDF, Mobi
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The perfect gift! A specially priced, beautifully designed hardcover edition of The Joy of the Gospel with a foreword by Robert Barron and an afterword by James Martin, SJ. “The joy of the gospel fills the hearts and lives of all who encounter Jesus… In this Exhortation I wish to encourage the Christian faithful to embark upon a new chapter of evangelization marked by this joy, while pointing out new paths for the Church’s journey in years to come.” – Pope Francis This special edition of Pope Francis's popular message of hope explores themes that are important for believers in the 21st century. Examining the many obstacles to faith and what can be done to overcome those hurdles, he emphasizes the importance of service to God and all his creation. Advocating for “the homeless, the addicted, refugees, indigenous peoples, the elderly who are increasingly isolated and abandoned,” the Holy Father shows us how to respond to poverty and current economic challenges that affect us locally and globally. Ultimately, Pope Francis demonstrates how to develop a more personal relationship with Jesus Christ, “to recognize the traces of God’s Spirit in events great and small.” Profound in its insight, yet warm and accessible in its tone, The Joy of the Gospel is a call to action to live a life motivated by divine love and, in turn, to experience heaven on earth. Includes a foreword by Robert Barron, author of Catholicism: A Journey to the Heart of the Faith and James Martin, SJ, author of Jesus: A Pilgrimage From the Hardcover edition.