codification macaulay and the indian penal code the legacies and modern challenges of criminal law reform international and comparative criminal justice

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Codification Macaulay And The Indian Penal Code

Author : Barry Wright
ISBN : 9781317164869
Genre : Law
File Size : 58. 78 MB
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Enacted in 1860, the Indian Penal Code is the longest serving and one of the most influential criminal codes in the common law world. This book commemorates its one hundred and fiftieth anniversary and honours the law reform legacy of Thomas Macaulay, the principal drafter of the Code. The book comprises chapters which examine the general principles of criminal responsibility from the perspective of Macaulay, and from more recent accounts by lawmakers and reformers. These are framed by chapters that examine the history and conceptual underpinnings of Macaulay's Code, consider the need to revitalize the Indian Penal Code, and review the current challenges of principled criminal law reform and codification. This book is a valuable reference on the Indian Penal Code, and current debates about general principles of criminal law for legal academics, judges, legal practitioners and criminal law reformers. It also promises to have wider scholarly appeal, of interest to legal theorists, historians and policy specialists.

Criminal Law Reform And Transitional Justice

Author : Lutz Oette
ISBN : 9781317157908
Genre : Political Science
File Size : 51. 85 MB
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Sudan has been undergoing profound changes characterized by an uncertain transition from conflict to post-conflict society and the separation of the country in the midst of ongoing human rights concerns. This book examines the nature, policy aspects and interrelationship of Sudanese criminal law and law reform in this context, situating developments in the broader debate of international human rights, rule of law and transitional justice. For the first time, Sudanese, national, regional and international experts and practitioners are brought together to share experiences, combining a range of legal and policy perspectives. The book provides valuable lessons on how relevant standards and experiences can be used to inform criminal law reform in Sudan. It also considers what broader lessons can be drawn for reform initiatives in other societies facing similar challenges. This includes the type of violations that need to be addressed in reforms as a prerequisite for enhanced human rights protection, challenges experienced in this regard, and the contribution of civil society in this process.

Borderline Crime

Author : Bradley Miller
ISBN : 9781487501273
Genre : History
File Size : 47. 92 MB
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Borderline Crime examines how law reacted to the challenge of the border in British North America and post-Confederation Canada.Miller also reveals how the law remained confused, amorphous, and often ineffectual at confronting the threat of the border to the rule of law.

Victorians Against The Gallows

Author : James Gregory
ISBN : 9780857730886
Genre : History
File Size : 63. 36 MB
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By the time that Queen Victoria ascended the throne in 1837, the list of crimes liable to attract the death penalty had effectively been reduced to murder. Yet, despite this, the gallows remained a source of controversy in Victorian Britain and there was a growing unease in liberal quarters surrounding the question of capital punishment. In this book, James Gregory examines organised efforts to abolish capital punishment in Britain and the Empire in the Victorian era, focusing particularly on the activities of the Society for the Abolition of Capital Punishment. The amelioration of the notoriously ‘Bloody Code’ of the British state may have limited capital punishment effectively to a small number of murderers after 1840 but, despite this, capital punishment was a matter of perennial debate, from the local arena of school debating societies to the ‘imperial Parliament’, and a topic to trouble the minds of thoughtful Victorians across the British world. Drawing on a wide range of sources, from pamphlets by abolitionists or their opponents to gallows broadsides, official inquiries, provincial newspapers, novels and short stories, Gregory studies a movement acknowledged by contemporaries to be agitating one of the ‘questions of the day’ - challenging as it did contemporary theology, state infliction of violence, and prevalent ideas about punishment. He explores important aspects such as: capital punishment debates in the ‘Lex Britannica’ of British colonies and dominions, the role of women abolitionists and the class and gendered inflexions to the ‘gallows question’, the representation of the problem of capital punishment in Victorian fiction, and the relationship between abolitionists and the Home Office which exercised the royal prerogative of mercy. While the abolitionism of Nonconformist reformers such as the Quakers and Unitarians is familiar, Gregory introduces the reader to the abolitionist debates in Jewish, secularist and spiritualist circles, and explores themes such as the imagined role of the Queen as ‘fount of mercy’ and the disturbing figure of the hangman. Studying the provincial, national and international aspects to the movement, Victorians Against the Gallows offers an important contribution to our understanding of Victorian reform activities, and Victorian culture.

International And Comparative Criminal Justice

Author : Mark J. Findlay
ISBN : 9781136184154
Genre : Social Science
File Size : 64. 86 MB
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International criminal justice is in transition. This book explores the growing internationalisation of criminal justice as a phenomenon of global governance. It provides students with a critical understanding of the international institutions for regulating transnational crime, the development of alternative justice processes across the globe, and international and supra-national co-operation criminal justice policies and practices. Key topics covered include: The historical development of International Criminal Justice institutions and traditions International Restorative Justice Victim communities and collaborative justice The relationship between crime and war International Human Rights The ‘War on Terror’ The globalisation of crime and control Developments in global governance, communitarian justice and accountability This text will familiarize students with the literature and debates surrounding international criminal justice and enable them to critically appreciate their theoretical and policy context. In doing so, it encourages students to assess the strengths and weaknesses of different approaches to the study of global justice and the analysis of comparative policy convergence and research. It will also help students to reflect on, and communicate in an informed and critical way theoretical accounts and empirical studies within the field of international criminal justice. This book will be essential reading for upper level undergraduates taking courses in criminal law, international relations and governance and postgraduates engaged in international criminal justice, international law, regulation and governance and human rights.

Australian Criminal Justice

Author : Mark Findlay
ISBN : 0195521153
Genre : Social Science
File Size : 68. 80 MB
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Australian Criminal Justice Fifth Edition provides a complete overview of the criminal justice process. It analyses the influences that shape criminal justice and examines the institutional and administrative features of its operation in all jurisdictions. The book guides readers step-by-step through the stages of a case - from investigation to sentencing and explores the social context of criminal justice in terms of the rights of the individual, community responsibilities, and international guarantees. Now in its fifth edition and 20 years since the first, Australian Criminal Justice remains the authoritative introduction to the criminal justice system. New to this editionUpdated discussion of detention, immigration and people smugglingIncreased discussion of terrorist offences and trials, international criminal law and human rightsCritical reflection questions throughout each chapter, to encourage further thought and generate discussion

Comparative Legal Linguistics

Author : Professor Heikki E S Mattila
ISBN : 9781409471509
Genre : Law
File Size : 35. 67 MB
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This book examines legal language as a language for special purposes, evaluating the functions and characteristics of legal language and the terminology of law. Using examples drawn from major and lesser legal languages, it examines the major legal languages themselves, beginning with Latin through German, French, Spanish and English. This second edition has been fully revised, updated and enlarged. A new chapter on legal Spanish takes into account the increasing importance of the language, and a new section explores the use (in legal circles) of the two variants of the Norwegian language. All chapters have been thoroughly updated and include more detailed footnote referencing. The work will be a valuable resource for students, researchers, and practitioners in the areas of legal history and theory, comparative law, semiotics, and linguistics. It will also be of interest to legal translators and terminologists.

Criminal Sentencing In Bangladesh

Author : Muhammad Mahbubur Rahman
ISBN : 9789004341937
Genre : Law
File Size : 44. 63 MB
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Examining the sentencing policies of Bangladesh, Criminal Sentencing in Bangladesh calls for going beyond the universal, asocial and apolitical formulations as proclaimed in mainstream sentencing literature in order to decipher the sentencing realities of non-western, post-colonial jurisdictions.

This Alien Legacy

Author : Alok Gupta
ISBN : UOM:39015082764310
Genre : Law
File Size : 21. 90 MB
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"More than 80 countries around the world still make consensual homosexual sex between adults a crime. More than half have these laws because they used to be British colonies. This report describes the strange afterlife of a colonial legacy. In 1860, British colonizers introduced a new criminal code to occupied India. Section 377 of the code prohibited 'carnal intercourse against the order of nature.' Versions of this Victorian law spread across the British empire. They were imposed to control the colonies, put in place because imperial masters believed that 'native' morals needed 'reform.' They are still in force from Botswana to Bangladesh, from Nigeria to Papua New Guinea, even though the United Nations and international law condemns them. These laws invade privacy and create inequality. They condemn people to outlaw status because of how they look or whom they love. They are used to discredit enemies and destroy careers. They can incite violence and excuse murder. They hand police and others the power to arrest, blackmail and abuse. Today, as a court case in India tries to elimate the original Section 377's repressive force, this report documents their dangerous effects. These holdouts of the British Empire have outlived their time" -- p. [4] of cover

Protecting The Human Rights Of Sexual Minorities In Contemporary Africa

Author : Ivy Nyarango
ISBN : 9781920538606
Genre : Africa
File Size : 68. 77 MB
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