A Modern History of German Criminal Law
A Modern History of German Criminal Law

Author: Thomas Vormbaum

Publisher: Springer Science & Business Media

Published: 2013-10-01

Total Pages: 324

ISBN-13: 3642372732

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Increasingly, international governmental networks and organisations make it necessary to master the legal principles of other jurisdictions. Since the advent of international criminal tribunals this need has fully reached criminal law. A large part of their work is based on comparative research. The legal systems which contribute most to this systemic discussion are common law and civil law, sometimes called continental law. So far this dialogue appears to have been dominated by the former. While there are many reasons for this, one stands out very clearly: Language. English has become the lingua franca of international legal research. The present book addresses this issue. Thomas Vormbaum is one of the foremost German legal historians and the book's original has become a cornerstone of research into the history of German criminal law beyond doctrinal expositions; it allows a look at the system’s genesis, its ideological, political and cultural roots. In the field of comparative research, it is of the utmost importance to have an understanding of the law’s provenance, in other words its historical DNA.

The Western Codification of Criminal Law
The Western Codification of Criminal Law

Author: Aniceto Masferrer

Publisher: Springer

Published: 2018-03-09

Total Pages: 427

ISBN-13: 3319719122

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This volume addresses an important historiographical gap by assessing the respective contributions of tradition and foreign influences to the 19th century codification of criminal law. More specifically, it focuses on the extent of French influence – among others – in European and American civil law jurisdictions. In this regard, the book seeks to dispel a number of myths concerning the French model’s actual influence on European and Latin American criminal codes. The impact of the Napoleonic criminal code on other jurisdictions was real, but the scope and extent of its influence were significantly less than has sometimes been claimed. The overemphasis on French influence on other civil law jurisdictions is partly due to a fundamental assumption that modern criminal codes constituted a break with the past. The question as to whether they truly broke with the past or were merely a degree of reform touches on a difficult issue, namely, the dichotomy between tradition and foreign influences in the codification of criminal law. Scholarship has unfairly ignored this important subject, an oversight that this book remedies.

Principles of German Criminal Law
Principles of German Criminal Law

Author: Michael Bohlander

Publisher: Hart Publishing

Published: 2009-01-15

Total Pages: 274

ISBN-13:

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The book provides an outline of the principles of German criminal law, mainly the so-called 'General Part' and the core offence categories.

Theologians and Contract Law
Theologians and Contract Law

Author: Wim Decock

Publisher: Martinus Nijhoff Publishers

Published: 2013

Total Pages: 744

ISBN-13: 9004232842

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In "Theologians and Contract Law," Wim Decock offers an account of the moral roots of modern contract law. He explains why theologians in the sixteenth and seventeenth centuries built a systematic contract law around the principles of freedom and fairness.

Law and Empire
Law and Empire

Author:

Publisher: BRILL

Published: 2013-08-15

Total Pages: 360

ISBN-13: 9004249516

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Law and Empire provides a comparative view of legal practices in Asia and Europe, from Antiquity to the eighteenth century. It relates the main principles of legal thinking in Chinese, Islamic, and European contexts to practices of lawmaking and adjudication. In particular, it shows how legal procedure and legal thinking could be used in strikingly different ways. Rulers could use law effectively as an instrument of domination; legal specialists built their identity, livelihood and social status on their knowledge of law; and non-elites exploited the range of legal fora available to them. This volume shows the relevance of legal pluralism and the social relevance of litigation for premodern power structures.

The German Criminal Code
The German Criminal Code

Author:

Publisher: Bloomsbury Publishing

Published: 2008-07-03

Total Pages: 226

ISBN-13: 1847314384

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German substantive criminal law has been influential in many civil law countries, most notably in the Hispanic world. In the common law countries, not surprisingly because of the systemic differences in approach, its impact has been much less, if not negligible. This may be largely explained as a result of the language barrier. An up-to-date and reliable English translation of the German Criminal Code has been conspicuously missing for some time. This book presents a new English translation of the Strafgesetzbuch, (the Criminal Code), in its most recent amended form of August 2007. The Code is the centrepiece of German substantive criminal law and informs the interpretation and application of any other criminal provisions which can be found in specific legislation. The translation thus affords an opportunity to profit from a legal tradition that has had a major influence over history and has a rich experience of doctrinal analysis. The translation adheres as closely as possible to the textual structure of the original, but has been made palatable to an English ear. It is intended as a companion to the author's Principles of German Criminal Law which was published in December 2008. Please click on the link below for further details. www.hartpub.co.uk/books/details.asp?isbn=9781841136301.

The Rule of Law in Comparative Perspective
The Rule of Law in Comparative Perspective

Author: Mortimer Sellers

Publisher: Springer Science & Business Media

Published: 2010-07-23

Total Pages: 257

ISBN-13: 9048137497

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This volume compares the different conceptions of the rule of law that have developed in different legal cultures. It describes the social purposes and practical applications of the rule of law and how it might be improved in the varied circumstances.

German Code of Criminal Procedure
German Code of Criminal Procedure

Author: ANONIMO

Publisher: Fred B Rothman & Company

Published: 1965-12

Total Pages: 252

ISBN-13: 9780837700304

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Goes beyond a mere literal translation of the code of criminal procedure by supplying the reader with relevant provisions of the German Constitution and from the Court of Organization Law. In addition, numerous comments to individual sections have been added by the translator.