Limits of Freedom of Public Authorities with Respect to Obtaining Evidence at the Stage of Investigation : A Comparative Legal Study /
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Any democratic legal system recognizes that the pursuit of the truth about a crime must have impassable limits, and that in contemporary legal systems the public authorities' principle of freedom to obtain evidence in criminal proceedings is not absolute. Drawing these boundaries is a permanent process, which produces universal legal problems of fundamental practical importance. This book addresses the fundamental importance of the protection of the individual from potential actions of state bodies that violate legally marked boundaries. Contributors synthesize knowledge about the admissibility of evidence in criminal procedure, evidence that must not be used or should not be used under certain circumstances, and the conditions for the admissibility of unlawfully obtained evidence. This comparative analysis of national evidentiary procedures is an essential showcase of certain legislative patterns and similarities between individual legal systems. See Less
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1 online resource (285 pages) : illustrations. :
Includes bibliographical references and index. :
9789004710320
A Bibliography of Islamic Criminal Law /
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In A Bibliography of Islamic Criminal Law Olaf Köndgen offers the most extensive bibliography on Islamic criminal law ever compiled. Drawing on a multitude of sources online and offline A Bibliography of Islamic Criminal Law covers, in its thematic section, not only the classical crime categories of ḥudūd , qiṣāṣ and taʿzīr but also a large number of newly emerging and related fields. In a second section dedicated to countries and eras, Köndgen comprehensively covers the historical and modern application of Islamic criminal law in all its forms. Unlocking the richness of this sub-field of Islamic law with the help of two detailed indices, this innovative reference work is highly relevant for all those researching Islamic law in general and the application of Islamic criminal law over time in particular.
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1 online resource. :
Includes bibliographical references and index. :
9789004472785
9789004447509
The Statute of the International Criminal Court: A Documentary History /
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The 1998 Statute of the International Criminal Court was the realization (albeit imperfect) of the oldest and longest-postponed item on the UN agenda, a judicial arm that could enforce the Universal Declaration of Human Rights and the Genocide Convention. For scholars studying this slow but crucial development in the international law of war crimes, crimes against humanity, and genocide, here is the essential documentary history: the draft statutes of 1951, 1953, 1981, and 1994, along with various related reports, the 1998 Statute, and commentary by Professor Bassiouni, who chaired the Drafting Committee of the 1998 Statute. Published under the Transnational Publishers imprint.
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1 online resource (824 pages) : illustrations. :
Includes bibliographical references and index. :
9789004636316
The Rome Statute and Islamic Law : A Comparative Analysis with Special Reference to Saudia Arabia /
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This book examines in depth the degree of compatibility and incompatibility between the general principles and jurisdiction of Islamic law and international criminal law (the Rome Statute). It discusses the controversy related to the non-ratification of the Rome Statute by some Islamic and Arab countries. The author analyses arguments that maintain that Islamic law cannot be compatible with international criminal law, and makes it clear that there are no fundamental differences between the principles of Islamic law and the principles of international criminal law. The book considers Saudi Arabia as a case for reference. See Less
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1 online resource (375 pages) : illustrations. :
Includes bibliographical references and index. :
9789004711730
International Criminal Evidence Law : Legal Traditions in Conflict: Common and Continental Law at the ICC /
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This book examines how the International Criminal Court (ICC) evaluates evidence within its hybrid legal framework, providing a comparative analysis of continental and common law traditions as applied in trial practice. It illustrates how the legal backgrounds of judges influence both conceptual and practical understanding of the prosecutorial burden of proof, the presumption of innocence, and the principle of free evaluation of evidence. These disparities create tensions in the way evidence is assessed. Focusing on key cases such as Bemba , Gbagbo , and Ongwen , the book identifies recurring challenges, including the tendency to confuse procedural rules with the rigorous reasoning process required by evidence law. It challenges the continental assumption that evidence law is merely a set of admissibility rules. It redefines it as a body of law that offers a structured method of reasoning, supporting a principled approach to the admissibility of evidence at the trial stage and its evaluation at the judgment stage. The lack of consistent, robust reasoning in the case law of the ICC on evidence issues has resulted in reasoning contradictions, exposing it to criticism. Fairness, transparency, and legitimacy have been compromised, particularly as the principle of free evaluation of evidence, is conceptually incompatible with the prosecutorial burden of proof. However, it continues to be regarded as a safeguard of the presumption of innocence, even during the weighing process at the end of the trial. The book proposes a bespoke evidence law for the ICC: one that is neither transplanted from national legal orders nor eclectic in design, but uniquely crafted to meet the specific needs of each case. It offers legal scholars, judges, prosecutors, and practitioners a comprehensive analysis of the conceptual misunderstandings that affect evidentiary reasoning at the Court. It argues that a principled approach to evaluating international criminal evidence is essential for developing a consistent body of evidence law for International Criminal Tribunals.
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1 online resource (218 pages) : illustrations. :
Includes bibliographical references and index. :
9789004741010
Politics of honor in Ottoman Anatolia : sexual violence and socio-legal surveillance in the eighteenth century /
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In Politics of Honor , Başak Tuğ examines moral and gender order through the glance of legal litigations and petitions in mid-eighteenth century Anatolia. By juxtaposing the Anatolian petitionary registers, subjects' petitions, and Ankara and Bursa court records, she analyzes the institutional framework of legal scrutiny of sexual order. Through a revisionist interpretation, Tuğ demonstrates that a more bureaucratized system of petitioning, a farther hierarchically organized judicial review mechanism, and a more centrally organized penal system of the mid-eighteenth century reinforced the existing mechanisms of social surveillance by the community and the co-existing "discretionary authority" of the Ottoman state over sexual crimes to overcome imperial anxieties about provincial "disorder".
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1 online resource (viii, 290 pages) : illustrations, maps. :
Includes bibliographical references and index. :
9789004338654 :
1380-6076 ; :
Available to subscribing member institutions only.
Beyond legal minds : sex, social violence, systems, methods, possibilities /
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In this book, William Brant uncovers social causes of violence, in search of reductive measures. Multiple legal systems are explored as reducers and implementers of violence and threats, especially criminal justice systems. War, propagandizing, power, corporate and governmental involvement in social domination, statehood, dangerous ideologies, and tribal sexual domination are explored in many cultures. Various levels and methods are given for observing, measuring and analyzing how people think and behave regarding the law, including examples of comedy. A theoretical chapter presents legal theory in relation to conceptions of possibility and misconceptions. These ideas are applied to judiciaries, which expose winning strategies for lawyers' desired verdicts. Dr. Brant accounts for the interconnections between sexual selection, legal systems and wars.
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1 online resource. :
Includes bibliographical references and index. :
9789004385955 :
0929-8436 ;