This is a revised and enlarged edition of report 30 proposing a new Code of Substantive Criminal Law for Canada. The proposed Criminal Code expresses the essential principles of criminal law and rules of general application. It defines most of the crimes of concern to a modern industrialized society. At the same time, it drops archaic provisions but addresses modern day social problems like pollution and terrorism. Title I is the general part containing rules of general application; Title II contains most of the crimes against the person; Title III enumerates most of the crimes against property; Title IV lists crimes against the natural order; Title V deals with crimes against the social order; and Title VI encompasses crimes against the governmental order.
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.
This twelfth volume of Correspondence contains authoritative and fully annotated texts of all known letters sent both to and from Bentham between July 1824 and June 1828. The 301 letters, most of which have never before been published, have been collected from archives, public and private, in Britain, the United States of America, Switzerland, France, Japan, and elsewhere, as well as from the major collections of Bentham Papers at University College London Library and the BritishLibrary.In mid-1824 Bentham was still preoccupied with the Greek struggle for independence against Turkey, though his active involvement waned as he became disenchanted with the behaviour of the deputies sent to London by the Greek National Assembly. His international reputation was reflected in his continuing contact with Simón Bolívar and Bernardino Rivadavia in South America, and with John Quincy Adams, John Neal, Henry Wheaton, and others in the United States, and his forging of newcontacts in Guatemala, India, and Egypt. In the autumn of 1825 he visited France, where he stayed with Jean Baptiste Say and La Fayette, and was fêted by the French liberals.Bentham made considerable progress drafting material for his pannomion, or complete code of laws, and in particular for his Constitutional and Procedure Codes, while John Stuart Mill edited the massive Rationale of Judicial Evidence. Bentham became increasingly active in the cause of law reform, and exchanged a series of letters on the subject with Robert Peel, the Home Secretary, and Henry Brougham. He maintained his friendships with John and Sarah Austin, George and Harriet Grote, James andJohn Stuart Mill, John Bowring, Joseph Hume, Francis Burdett, Francis Place, and Joseph Parkes, re-established contact with the third Marquis of Lansdowne, son of his old friend the first Marquis, and made new acquaintances in James Humphreys, Sutton Sharpe, and Albany Fonblanque.
This twelfth volume of Correspondence contains authoritative and fully annotated texts of all known letters sent both to and from Bentham between July 1824 and June 1828. The 301 letters, most of which have never before been published, have been collected from archives, public and private, in Britain, the United States of America, Switzerland, France, Japan, and elsewhere, as well as from the major collections of Bentham Papers at University College London Library and the British Library. In mid-1824 Bentham was still preoccupied with the Greek struggle for independence against Turkey, though his active involvement waned as he became disenchanted with the behaviour of the deputies sent to London by the Greek National Assembly. His international reputation was reflected in his continuing contact with Simón Bolívar and Bernardino Rivadavia in South America, and with John Quincy Adams, John Neal, Henry Wheaton, and others in the United States, and his forging of new contacts in Guatemala, India, and Egypt. In the autumn of 1825 he visited France, where he stayed with Jean Baptiste Say and La Fayette, and was fêted by the French liberals. Bentham made considerable progress drafting material for his pannomion, or complete code of laws, and in particular for his Constitutional and Procedure Codes, while John Stuart Mill edited the massive Rationale of Judicial Evidence. Bentham became increasingly active in the cause of law reform, and exchanged a series of letters on the subject with Robert Peel, the Home Secretary, and Henry Brougham. He maintained his friendships with John and Sarah Austin, George and Harriet Grote, James and John Stuart Mill, John Bowring, Joseph Hume, Francis Burdett, Francis Place, and Joseph Parkes, re-established contact with the third Marquis of Lansdowne, son of his old friend the first Marquis, and made new acquaintances in James Humphreys, Sutton Sharpe, and Albany Fonblanque.
