Right or Duty? Is the Accused’s Presence at Trial a Right or a Duty Under International Criminal Law?
Sign Up to like & getrecommendations! Published in 2017 at "Criminal Law Forum"
DOI: 10.1007/s10609-016-9298-z
Abstract: International criminal law has long recognised the right of the accused to be present at trial as part of his or her right to a fair trial. However, modern international criminal courts and tribunals have… read more here.
Keywords: trial; duty; right duty; international criminal ... See more keywords
Brexit and the Future of European Criminal Law: A German Perspective
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DOI: 10.1007/s10609-017-9315-x
Abstract: German Chancellor Angela Merkel favours, as a matter of principle, a hard and clean Brexit. This does not mean, however, that it is not in Germany’s interest to maintain a close relationship with the UK… read more here.
Keywords: european criminal; brexit; law; criminal law ... See more keywords
Guilty Robots? – Rethinking the Nature of Culpability and Legal Personhood in an Age of Artificial Intelligence
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DOI: 10.1007/s10609-018-9360-0
Abstract: Robots and Artificial Intelligence are conquering our world. Just as any progress, this development is expected to have a relevant impact on law in general as well as on criminal law in particular. It involves… read more here.
Keywords: intelligence; legal personhood; criminal law; artificial intelligence ... See more keywords
THE LEGITIMACY OF CRIMINAL LAW AND THE PERFORMANCE CRISES OF PENALITY
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DOI: 10.1007/s10609-025-09509-2
Abstract: The legitimacy of state punishment has long been debated to justify the extreme form of government-authorized coercion that is criminal law. Rather than focusing on the abstract legitimacy of criminal law, this article examines another… read more here.
Keywords: criminal law; crises penality; performance crises; law ... See more keywords
The spontaneous provision of criminal law
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DOI: 10.1007/s11127-024-01235-4
Abstract: For decades, non-state actors have supplied criminal law in Brazil’s favelas. This paper offers a humanomics account of the private provision of an impure public good. Our analysis reaches three conclusions. First, criminal law can… read more here.
Keywords: criminal law; logic; provision criminal; spontaneous provision ... See more keywords
Connections (and Limits) Between Law and Natural Sciences: The Concepts of Causality and Culpability from the Perspective of Criminal Law
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DOI: 10.1007/s11196-020-09788-5
Abstract: In order to establish criminal responsibility, criminal law theory uses categories summed up in words or expressions commonly used in other fields, namely scientific and philosophical knowledge. A clear example can be found in the… read more here.
Keywords: law; criminal law; causality; natural sciences ... See more keywords
Right, Crime, and Court: Toward a Unifying Political Conception of International Law
Sign Up to like & getrecommendations! Published in 2018 at "Criminal Law and Philosophy"
DOI: 10.1007/s11572-017-9450-9
Abstract: It is widely acknowledged that human rights law (hereafter, HRL) and international criminal law (hereafter, ICL) share core normative features. Yet, the literature has not yet reconstructed this underlying basis in a systematic way. In… read more here.
Keywords: law; criminal law; law hereafter; right crime ... See more keywords
Whose Burden to Bear? Privilege, Lawbreaking and Race
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DOI: 10.1007/s11572-019-09503-x
Abstract: Tommie Shelby’s Dark Ghettos: Injustice, Dissent, and Reform is a powerful indictment of how the basic structure of American institutions fail the seriously disadvantaged. Though motivated by what we collectively owe “ghetto” citizens, when exploring… read more here.
Keywords: law; whose burden; burden bear; privilege lawbreaking ... See more keywords
Approaching or Re-thinking the Realm of Criminal Law?
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DOI: 10.1007/s11572-019-09516-6
Abstract: In his latest monograph, The Realm of Criminal Law, Antony Duff gives us a further, magisterial statement of the vision of criminal law, its procedural framework, and its sanctioning system, which he has been developing… read more here.
Keywords: law; thinking realm; criminal law; approaching thinking ... See more keywords
Our “Barbarians” at the Gate: On the Undercriminalized Citizenship Deprivation as a Counterterrorism Tool
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DOI: 10.1007/s11572-019-09517-5
Abstract: Germany is joining a long list of European democracies that have modified or expressed a willingness to modify their citizenship laws to denationalize first and then prevent the return of or expel those citizens accused… read more here.
Keywords: citizenship deprivation; barbarians gate; criminal law; deprivation ... See more keywords
The Politics of International Criminal Law. Edited by Holly Cullen, Philipp Kastner, and Sean Richmond. Leiden, The Netherlands: Brill Nijhoff, 2021. Pp. xii, 389. Index.
Sign Up to like & getrecommendations! Published in 2022 at "American Journal of International Law"
DOI: 10.1017/ajil.2022.6
Abstract: That law and politics are intertwined comes as a surprise only to the naïf. The nature and extent of their relationship, of course, is complicated and nuanced, especially at the international level. The Politics of… read more here.
Keywords: law politics; criminal law; politics international; holly cullen ... See more keywords