The Law in Philosophical Perspectives
The Law in Philosophical Perspectives

Author: Luc J. Wintgens

Publisher: Springer Science & Business Media

Published: 2013-04-17

Total Pages: 284

ISBN-13: 9401593175

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In this age of collections that is ours, many volumes of collections are published. They contain contributions of several well-known authors, and their aim is to present a selective overview of a relevant field of study. This book has the same purpose. Its aim is to introduce students, scholars and all those interested in current problems of legal theory and legal philosophy to the work of the leading scholars in this field. The large number of publications, both books and articles, that have been produced over recent decades makes it quite difficult, however, for those who are making their first steps in this domain to find firm guidelines. The book is new in its genre because of its method. The choice was made not to reprint an example of contributors' earlier basic articles or a part of one of their books. This would only give a partial view of the rich texture of their work. Rather, the authors were asked to make an original synthesis of their own contributions to the field of legal theory and legal philosophy. Brought together in this volume, they constitute a truly author-ised view of their work. This book is also new in that each essay is complemented with bibliographical information in order to encourage further research on the author's self-selected work. This will help the reader rapidly to become familiar with the whole of the published work of the contributors.

Regulation and Social Control of Incivilities
Regulation and Social Control of Incivilities

Author: Nina Persak

Publisher: Routledge

Published: 2016-06-23

Total Pages: 194

ISBN-13: 1317360230

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The increasing trend and prevalence of incivilities-targeting punitive regulatory measures across Europe raises important issues regarding the legitimacy, effectiveness and impact of such formal social control. Regulation and Social Control of Incivilities addresses the pertinent issues of current punitive regulation and the social control of incivilities, their trends, criminological explanations, political, spatial, cultural, representational and policing dimensions as well as the underlying behaviour it targets. Part I explores issues surrounding the regulation of incivilities, drawing examples from several European countries including Spain, Italy, Great Britain, Belgium, Slovenia and Hungary. It inspects the legal form and content of the prohibition of incivilities and the social factors that can help explain it, as well as the effectiveness and societal impact of various anti-nuisance measures. Part II focuses on social control and the representation of incivilities, including the construction and control of public nuisance in Belgium, the spatial and cultural aspects of incivilities and of law enforcement against them, the media representations of incivilities in the British and Flemish press, and the intersections between migration and control of incivilities when policing in the Netherlands. This book brings together international scholars to examine the ways in which understudied European countries approach the issue of anti-social behaviour. This multidisciplinary text will be of interest to students, scholars and policymakers concerned with issues of social control, incivilities and criminalisation.

Community Punishment
Community Punishment

Author: Gwen Robinson

Publisher: Routledge

Published: 2015-10-16

Total Pages: 272

ISBN-13: 1317666585

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In Community Punishment: European perspectives, the authors place punishment in the community under the spotlight by exploring the origins, evolution and adaptations of supervision in 11 European jurisdictions. For most people, punishment in the criminal justice system is synonymous with imprisonment. Yet, both in Europe and in the USA, the numbers of people under some form of penal supervision in the community far exceeds the numbers in prison, and many prisoners are released under supervision. Written and edited by leading scholars in the field, this collection advances the sociology of punishment by illuminating the neglected but crucial phenomenon of ‘mass supervision’. As well as putting criminological and penological theories to the test in an examination of their ability to explain the evolution of punishment beyond the prison, and across diverse states, the contributors to this volume also assess the appropriateness of the term ‘community punishment’ in different parts of Europe. Engaging in a serious exploration of common themes and differences in the jurisdictions included in the collection, the authors go on to examine how ‘community punishment’ came into being in their jurisdiction and how its institutional forms and practices have been legitimated and re-legitimated in response to shifting social, cultural and political contexts. This book is essential reading for academics and students involved in the study of both community punishment and comparative penology, but will also be of great interest to criminal justice policymakers, managers and practitioners.

Complexities 2
Complexities 2

Author: Jean-Pierre Briffaut

Publisher: John Wiley & Sons

Published: 2024-05-29

Total Pages: 292

ISBN-13: 1394297467

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Awareness of complexity in science and technology dates back to the 1970s. However, all social systems tend to develop structures that become more complex over time, be it within families, tribes, cities, states, or societal and economic organizations. Complexities 2 covers a broad array of fields, from justice and linguistics to education and organizational management. The aim of this book is to show, without aiming to provide a comprehensive overview, the diversity of approaches and behaviors towards the obstacle of complexity in understanding and achieving human actions. When we see complexity as the incompleteness of knowledge and the uncertainty of the future, we realize that simplifying is not an adequate approach to complexity, even in the humanities and social sciences. This book explores the relationship between order and disorder in this field of knowledge.

Modernisation of European Company Law
Modernisation of European Company Law

Author: Antigoni Alexandropoulou

Publisher: Bruylant

Published: 2022-12-31

Total Pages: 153

ISBN-13: 2802770233

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This book is a collective volume of studies on the recent legislative developments in European Company Law as well as on topical legal issues that affect companies but which have not been harmonized yet. The Mobility Directive has introduced important amendments to the cross border operations of companies while the Directive on the Digitalisation of Company Law has brought about changes in the setting up of businesses and the use of digital tools and processes throughout the lifecycle of companies. The authors present and thoroughly analyses in their studies the important aspects of these new provisions and the challenges they present in their implementation. The book further explores the future of EU Company Law in particular regarding sustainable corporate governance, director’s duties, letterbox companies and the possible harmonization of the rules regulating groups of companies in the EU. All legal issues are presented very comprehensively and the authors who are academics and legal practitioners are shedding light on complicated legal questions in a very clear way.

Avoirs dématérialisés et exécution forcée / Digital Assets and Enforcement
Avoirs dématérialisés et exécution forcée / Digital Assets and Enforcement

Author: Marc Schmitz

Publisher: Bruylant

Published: 2019-12-10

Total Pages: 218

ISBN-13: 2802765876

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On 17 December 2009, the European Commission for the Efficiency of Justice of the Council of Europe adopted the Guidelines for a better implementation of the existing recommendation of the Council of Europe on enforcement. These principles aim to guarantee to all the access to an enforcement agent and a quality enforcement in the respect of the fundamental rights of the litigants. In the first part of the book, reference is made to the genesis of the CEPEJ Guidelines on Enforcement as well as to its state of application in the various Council of Europe Member States. The second part of the book deals with the problem of the evolution of technologies and aims to question how artificial intelligence can be put at the service of enforcement. In this respect, the analysis focuses on the importance of both electronic access to information and access to dematerialised information, to highlight the imperative need for a procedure for seizure of dematerialised assets and to consider drafting the a crypto-currency attachment procedure. *** Le 17 décembre 2009, la Commission européenne pour l’efficacité de la justice du Conseil de l’Europe a adopté des Lignes directrices pour une meilleure mise en œuvre de la recommandation existante du Conseil de l’Europe sur l’exécution. Ces principes visent à garantir à tous l’accès à un agent d’exécution et à une exécution de qualité dans le respect des droits fondamentaux des justiciables. Dans la première partie de l’ouvrage il est fait état de la genèse des Lignes directrices de la CEPEJ sur l’exécution ainsi que de son état d’application au sein des différents États membres du Conseil de l’Europe. La seconde partie de l’ouvrage aborde la problématique de l’évolution des technologies et vise à s’interroger sur la façon dont l’intelligence artificielle peut être mise au service de l’exécution. À cet égard, l’analyse porte sur l’importance tant d’un accès dématérialisé aux informations que d’un accès aux informations dématérialisées, pour relever l’impérieuse nécessité d’une procédure de saisie des avoirs dématérialisés et envisager l’ébauche d’une procédure de saisie des crypto-monnaies.

Victim-Offender Mediation in Europe
Victim-Offender Mediation in Europe

Author: EUFORUMRJ

Publisher: Leuven University Press

Published: 2000-06-21

Total Pages: 384

ISBN-13: 905867035X

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This publication is an initiative of the European Forum for Victim-Offender Mediation and Restorative Justice, and results from its first conference which was held in Leuven, Belgium, from 27-29 October 1999. The first six chapters consider victim-offender mediation and restorative justice from a more theoretical point of view. These analyses of theoretical, legal, policy, ethical and societal aspects of mediation and restorative justice have been written by well-known scholars in this field. The second part of the book consists of overviews of the situation with regard to victim-offender mediation in the eight European countries in which it is currently the most developed (Austria, Belgium, Finland, France, Germany, Norway, Poland and the United Kingdom). For these last chapters, a multitude of information was collected in each of these countries, and this is presented and analysed comparatively. The following topics are discussed for each of the countries: the history of victim-offender mediation in that particular country, the legal context, policy and implementation, the number of programmes and the way they function, the practice of mediation, the number and characteristics of cases, evaluation and research, and finally challenges, obstacles and expectations for the future. This is probably the first time that such extensive reports on the practice of victim-offender mediation in Europe have been brought together in this way. In publishing this book the European Forum is seeking to contribute to the realisation of one of its objectives, namely providing people all over Europe - and beyond - with information on victim-offender mediation and restorative justice in other countries. Restorative justice is a relatively new field and is still very much evolving. A full exchange of information and ideas will contribute to this process.

The Routledge Handbook of European Criminology
The Routledge Handbook of European Criminology

Author: Sophie Body-Gendrot

Publisher: Routledge

Published: 2013-08-15

Total Pages: 571

ISBN-13: 1136185496

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This new book brings together some of the leading criminologists across Europe, to showcase the best of European criminology. This Handbook aims to reflect the range and depth of current work in Europe, and to counterbalance the impact of the – sometimes insular and ethnocentric – Anglo-American criminological tradition. The end-product is a collection of twenty-eight chapters illustrating a truly comparative and interdisciplinary European criminology. The editors have assembled a cast of leading voices to reflect on differences and commonalities, elaborate on theoretically grounded comparisons and reflect on emerging themes in criminology in Europe. After the editors’ introduction, the book is organised in three parts: five chapters offering historical, theoretical and policy oriented overviews of European issues in crime and crime control; seven chapters looking at different dimensions of crime in Europe, includingcrime trends, state crime, gender and crime and urban safety; fifteen chapters examining the variety of institutional responses, exploring issues such as policing, juvenile justice, punishment, green crime and the role of the victim. This book gives some indication of the richness and scope of the emerging comparative European criminology and will be required reading for anyone who wants to understand trends in crime and its control across Europe. It will also be a valuable teaching resource, especially at postgraduate level, as well as an important reference point for researchers and scholars of criminology across Europe.

Worldwide Perspectives on Lesbians, Gays, and Bisexuals
Worldwide Perspectives on Lesbians, Gays, and Bisexuals

Author: Paula Gerber Ph.D.

Publisher: Bloomsbury Publishing USA

Published: 2021-01-26

Total Pages: 1391

ISBN-13: 1440842272

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This three-volume set is a rich resource for readers in any discipline interested in understanding the global, regional, and domestic experiences of LGB people. This interdisciplinary set makes a vital contribution to understanding how LGB rights are progressing—and in some cases, regressing—around the globe. The three volumes look at the lived experiences of LGB people from varied perspectives and provide comprehensive coverage on a wide variety of topics ranging from LGB youth and LGB aging to the approaches to LGB people of different religions, including Islam, Judaism, and Christianity. Chapters focus on topics including the ongoing criminalization of same-sex sexual conduct and how international human rights law can be used to improve the lives of LGB people. Particular attention is paid to the rights of bisexuals, a group often ignored in works focusing on sexual orientation. Volume 1 focuses on history, politics, and culture relating to LGB people; Volume 2 focuses on the laws—domestic and international—governing LGB people; and Volume 3 provides snapshots of the current state of LGB experience in countries worldwide, presented by geographical region: Europe, the Americas, Africa, the Middle East, and the Asia Pacific region.

Impending Challenges to Penal Moderation in France and Germany
Impending Challenges to Penal Moderation in France and Germany

Author: Kirstin Drenkhahn

Publisher: Taylor & Francis

Published: 2023-07-27

Total Pages: 310

ISBN-13: 100090556X

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This book investigates the penal culture in France and Germany – how it is shaped in politics, media, and public opinion. Although compared with the US or the UK, France and Germany seem to place a strong emphasis on the ideal of rehabilitation that would block excessive punishment and other outcomes of punitive developments in society, there is a steady increase in punitiveness over time for which the term “strained restraint” is proposed. The book shows that the idea of penal moderation is deeply rooted in public opinion, politics, and the media and that it is renegotiated every day in a dynamic interplay between these spheres. Punishment and society research has traditionally focused on the US and the UK. In comparative research, both are considered extreme in punitive developments with high rates of imprisonment and large groups of the population under penal control. The other extreme in comparative research would be Scandinavia with the famous Nordic Exceptionalism marked by low prison population rates. Germany and France are often considered to be “the same” when compared with each other, and “the other” with reference to both of these extremes. However, this book shows that France and Germany are far from being the same when it comes to state organization (centralistic vs. federal), criminal justice and the criminal law, political traditions, and the media. Also, research from both countries has looked at whether developments such as the “punitive turn” have occurred in Germany and France. Research focused on the domestic situation concludes that punitiveness is on the rise, and that both countries are indeed experiencing their own punitive turn. How do we reconcile these contradictory findings? Why do these two seem to follow the path of penal moderation in the overall outcome of punishment in society when we look at comparative research? And how is it that from a domestic perspective, punitive attitudes and desires are leading to more punitiveness? By focusing on the meso level, with a comparative perspective on the two countries and a dynamic analytical approach, this book reconciles the fluidity of individual attitudes and opinions with the relative stability of societal discourse. The authors posit that penal moderation comes at a price: overall and in an internationally comparative perspective, there is penal moderation, but a closer look at the domestic situation and development reveals that it is nonetheless challenged by a slowly rising tide of punitiveness. Going beyond the main tenets of punishment and society research with a dynamic analysis of two large societies in Europe, this book is ideal reading for scholars and students of penology, criminal justice, and European studies.