Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Positive Obligations in Criminal Law PDF full book. Access full book title Positive Obligations in Criminal Law by Andrew Ashworth. Download full books in PDF and EPUB format.
Author: Andrew Ashworth Publisher: A&C Black ISBN: 1782253424 Category : Law Languages : en Pages : 375
Book Description
This book offers a set of essays, old and new, examining the positive obligations of individuals and the state in matters of criminal law. The centrepiece is a new, extended essay on the criminalisation of omissions-examining the duties to act imposed on individuals and organisations by the criminal law, and assessing their moral and social foundations. Alongside this is another new essay on the state's positive obligations to put in place criminal laws to protect certain individual rights. Introducing the volume is the author's much-cited essay on criminalisation, 'Is the Criminal Law a Lost Cause?'. The book sets out to shed new light on contemporary arguments about the proper boundaries of the criminal law, not least by exploring the justifications for imposing positive duties (reinforced by the criminal law) on individuals and their relation to the positive obligations of the state.
Author: Andrew Ashworth Publisher: A&C Black ISBN: 1782253424 Category : Law Languages : en Pages : 375
Book Description
This book offers a set of essays, old and new, examining the positive obligations of individuals and the state in matters of criminal law. The centrepiece is a new, extended essay on the criminalisation of omissions-examining the duties to act imposed on individuals and organisations by the criminal law, and assessing their moral and social foundations. Alongside this is another new essay on the state's positive obligations to put in place criminal laws to protect certain individual rights. Introducing the volume is the author's much-cited essay on criminalisation, 'Is the Criminal Law a Lost Cause?'. The book sets out to shed new light on contemporary arguments about the proper boundaries of the criminal law, not least by exploring the justifications for imposing positive duties (reinforced by the criminal law) on individuals and their relation to the positive obligations of the state.
Author: Alastair Mowbray Publisher: Bloomsbury Publishing ISBN: 1847311938 Category : Law Languages : en Pages : 255
Book Description
During the last thirty years the European Court of Human Rights has been developing,at an expanding pace, positive obligations under the European Convention. This monograph seeks to provide a critical analysis of the burgeoning case law concerning positive obligations, a topic which is relatively uncharted in the existing literature. Positive obligations require many different forms of action by member states, ranging from effectively investigating killings through to protecting peaceful demonstrators from violent attacks by their opponents. The contemporary significance of these obligations is graphically illustrated by the fact that it is the obligation upon states to provide fair trials to determine civil and criminal proceedings within a reasonable time that is the source of the overwhelming majority of complaints to the European Court in recent years. The study examines the legal bases and content of key positive obligations. Conclusions are then drawn concerning the reasons for the development of these obligations and areas of potential expansion are identified.
Author: Dinah Shelton Publisher: OUP Oxford ISBN: 0191668974 Category : Law Languages : en Pages : 1088
Book Description
The Oxford Handbook of International Human Rights Law provides a comprehensive and original overview of one of the fundamental topics within international law. It contains substantial new essays by more than forty leading experts in the field, giving students, scholars, and practitioners a complete overview of the issues that inform research, as well as a 'map' of the debates that animate the field. Each chapter features a critical and up-to-date analysis of the current state of debate and discussion, assessing recent work and advancing the understanding of all aspects of this developing area of international law. The Handbook consists of 39 chapters, divided into seven parts. Parts I and II explore the foundational theories and the historical antecedents of human rights law from a diverse set of disciplines, including the philosophical, religious, biological, and psychological origins of moral development and altruism, and sociological findings about cooperation and conflict. Part III focuses on the law-making process and categories of rights. Parts IV and V examine the normative and institutional evolution of human rights, and discuss this impact on various doctrines of general international law. The final two parts are more speculative, examining whether there is an advantage to considering major social problems from a human rights perspective and, if so, how that might be done: Part VI analyses current problems that are being addressed by governments, both domestically and through international organizations, and issues that have been placed on the human rights agenda of the United Nations, such as state responsibility for human rights violations and economic sanctions to enforce human rights; Part VII then evaluates the impact of international human rights law over the past six decades from a variety of perspectives. The Handbook is an invaluable resource for scholars, students, and practitioners of international human rights law. It provides the reader with new perspectives on international human rights law that are both multidisciplinary and geographically and culturally diverse.
Author: Laurens Lavrysen Publisher: ISBN: 9781780684253 Category : Convention for the Protection of Human Rights and Fundamental Freedoms Languages : en Pages : 428
Book Description
Adaptation of the author's Ph.D. thesis--Ghent University, 2016.
Author: Ralf Alleweldt Publisher: Springer ISBN: 3319713396 Category : Law Languages : en Pages : 330
Book Description
This book provides an updated overview of current international human rights law relating to the police. Around the globe, the police have a special responsibility for the protection of human rights. Police work is governed by national rules and in addition, in today’s world, by the evolving international human rights standards. As a result of the ever-developing case law of international courts and other bodies, the requirements of human rights law on policing have become more and more detailed and complex in recent years. Bringing together a variety of distinguished authors from academia, police forces and other government authorities, the human rights movement, and international organizations, the book discusses topical issues, including the use of deadly force, the prevention of torture, effective investigations, the protection of personal data, and positive obligations of the police.
Author: Ben Emmerson Publisher: Sweet & Maxwell ISBN: 1847039111 Category : Law Languages : en Pages : 1133
Book Description
A survey of Czech business law, tax and accounting regulations. The political, legal and economic systems of the Republic are outlined.
Author: Laurens Lavrysen Publisher: Bloomsbury Publishing ISBN: 1509937889 Category : Law Languages : en Pages : 465
Book Description
Traditionally, human rights have protected those facing the sharp edge of the criminal justice system. But over time human rights law has become increasingly infused with duties to mobilise criminal law towards protection and redress for violation of rights. These developments give rise to a whole host of questions concerning the precise parameters of coercive human rights, the rationale(s) that underpin them, and their effects and implications for victims, perpetrators, domestic legal systems, and for the theory and practice of human rights and criminal justice. This collection addresses these questions with a focus on the rich jurisprudence of the European Court of Human Rights (ECtHR). The collection explores four interlocking themes surrounding the issue of coercive human rights: First, the key threads in the doctrine of the ECtHR on duties to mobilise the criminal law as a means of delivering human rights protection. Secondly, the factors that contribute to a readiness to demand coercive measures, including discrimination and vulnerability, and other key justificatory reasoning shaping the development of coercive human rights. Thirdly, the most pressing challenges for the ECtHR's coercive duties doctrine, including: - how it relates to theories and rationales of criminalisation and criminal punishment; - its implications for the fundamental tenets of human rights law itself; - its relationship to transitional justice objectives; and - how (far) it coheres with the imperative of effective protection for persons in precarious or vulnerable situations. Fourthly, the (prospective) evolution of the coercive human rights doctrine and its application within national jurisdictions.
Author: Laurens Lavrysen Publisher: Bloomsbury Publishing ISBN: 1509937897 Category : Law Languages : en Pages : 323
Book Description
Traditionally, human rights have protected those facing the sharp edge of the criminal justice system. But over time human rights law has become increasingly infused with duties to mobilise criminal law towards protection and redress for violation of rights. These developments give rise to a whole host of questions concerning the precise parameters of coercive human rights, the rationale(s) that underpin them, and their effects and implications for victims, perpetrators, domestic legal systems, and for the theory and practice of human rights and criminal justice. This collection addresses these questions with a focus on the rich jurisprudence of the European Court of Human Rights (ECtHR). The collection explores four interlocking themes surrounding the issue of coercive human rights: First, the key threads in the doctrine of the ECtHR on duties to mobilise the criminal law as a means of delivering human rights protection. Secondly, the factors that contribute to a readiness to demand coercive measures, including discrimination and vulnerability, and other key justificatory reasoning shaping the development of coercive human rights. Thirdly, the most pressing challenges for the ECtHR's coercive duties doctrine, including: - how it relates to theories and rationales of criminalisation and criminal punishment; - its implications for the fundamental tenets of human rights law itself; - its relationship to transitional justice objectives; and - how (far) it coheres with the imperative of effective protection for persons in precarious or vulnerable situations. Fourthly, the (prospective) evolution of the coercive human rights doctrine and its application within national jurisdictions.
Author: Kai Ambos Publisher: Cambridge University Press ISBN: 1108483399 Category : Law Languages : en Pages : 507
Book Description
A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.
Author: Andrew Ashworth
Author: Andrew Ashworth
Author: Alastair Mowbray
Author: Dinah Shelton
Author: Vladislava Stoyanova
Author: Laurens Lavrysen
Author: Ralf Alleweldt
Author: Ben Emmerson
Author: Laurens Lavrysen
Author: Laurens Lavrysen
Author: Kai Ambos