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Chapter 3: 'The Gibbet in the Landscape: Locating the Criminal Corpse in Mid-Eighteenth-Century England' from book: A Global History of Execution and the Criminal Corpse (Book chapter)

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ISBN: 9781137444011 Year: Pages: 23 DOI: 10.1057/9781137444011_4 Language: English
Publisher: Palgrave Macmillan
Subject: Law
Added to DOAB on : 2016-04-21 16:57:22
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This is a chapter from A Global History of Execution and the Criminal Corpse edited by Richard Ward. This chapter is available open access under a CC BY license. In this chapter, Zoe Dyndor uses data compiled for the Wellcome Trust funded project, Harnessing the Power of the Criminal Corpse, to investigate the logic and rationale behind selecting gibbet locations in eighteenth-century England. She suggests that while gibbets were generally located near to the scene of the crime, there were a number of other factors that led to the selection of particular sites for cases of hanging in chains. Through a case study of smugglers hung in chains in the 1740s, Dyndor demonstrates that, in certain cases, gibbet locations were specifically selected to reflect the nature of the offence, the background of the offender or the circumstances of the crime.

Normstabilisierung und Schuldvorwurf

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Book Series: sui generis ISBN: 9783941159181 Year: Pages: 530 DOI: 10.24921/2018.94115919 Language: German
Publisher: Carl Grossmann Verlag
Subject: Law
Added to DOAB on : 2018-04-17 11:01:55
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This work examines the nature of criminal responsibility, and thereby the very heart of criminal law theory. The analysis exposes the relevance of criminal law and punishment for the stabilization of norms within society. This allows to determine the function of placing blame and of the principle of culpability. Thus, this thesis offers in-depth insights into the mechanism and elements of the attribution of individual responsibility. The main finding is that only culpability and the consideration of its elements, which are defined in this work, are capable of functionally determining punishment (i.e., in accordance with the necessity of punishment for the stabilization of norms).

Keywords

law --- criminal law --- recht

Steuergeldwäscherei in Bezug auf direkte Steuern

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ISBN: 9783941159075 Year: Pages: 352 DOI: 10.24921/2016.94115907 Language: German
Publisher: Carl Grossmann Verlag
Subject: Law
Added to DOAB on : 2017-09-05 11:02:12
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The present analysis focuses on the interpretation of art. 305bis of the Swiss Criminal Code. The author, Gabriel Bourquin, treats the problem of tax crimes as predicate offenses to money laundering. Where necessary, in particular in relation to the punishment of money laundering by omission, the analysis will deal with the special duties of due diligence (art. 6) and the duty to report (art. 9) of the Anti-Money Laundering Act.

Der Strafkläger im Strafbefehls- und im abgekürzten Verfahren

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Book Series: sui generis ISBN: 9783941159334 Year: Pages: 204 DOI: 10.24921/2018.94115933 Language: German
Publisher: Carl Grossmann Verlag Grant: Swiss National Science Foundation (SNSF) - OAPEN-CH
Subject: Law
Added to DOAB on : 2019-09-11 11:21:02
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The present work provides an overview of the role that victims play as prosecutors, irrespective of material compensation interests in criminal proceedings. The party rights of the criminal prosecutor are treated in the same way as his position in the efficient penal and abbreviated procedures. In doing so, inconsistencies in the law are discussed, the previous case law on the criminal prosecutor critically questioned and the conflicting goals between injured party participation and procedural efficiency examined. The role of the criminal prosecutor in Swiss jurisprudence has so far only been examined selectively and always with regard to specific issues. For the first time, the author attempts to broach the issue of the criminal prosecutor as a litigant and to put it into context with the idea of ​​efficiency that characterizes criminal procedural law.

Verkehrte Leidenschaft

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ISBN: 9783709702055 Year: Pages: 478 Seiten Language: German
Publisher: Jan Sramek Verlag Grant: Image Certificate - PUB 592
Added to DOAB on : 2019-08-02 11:21:12
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The book scrutinizes the legal-historical development of the crime "unnatural fornication". The analysis focuses on contemporary law and sexual science sources as well as files from criminal proceedings for same-sex fornication. lt shows how different negotiation processes influenced the ideas of the "immoral", thesexual and the gender.

Basic Questions of Tort Law from a Comparative Perspective

Authors: --- --- --- --- et al.
ISBN: 9783709700402 Year: Pages: 914 Seiten DOI: 10.26530/OAPEN_574832 Language: English
Publisher: Jan Sramek Verlag Grant: Austrian Science Fund - PUB 301
Added to DOAB on : 2015-09-08 11:01:56
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The starting point for this project on the »Basic Questions of Tort Law« was the book written by Helmut Koziol, the »Basic Questions of Tort Law from a Germanic Perspective« (Sramek Verlag, 2012), a volume which presented an introduction into the law of torts from a Germanic perspective. Colleagues from seven countries were then invited to give critical responses to the ideas presented in the 2012 volume. The comparative law conclusions then attempt to pick up on the ideas expressed in the legal systems examined and to make them amenable for debate on the further development of the legal systems and their harmonisation.German Version: http://e-book.fwf.ac.at/o:603

Reconsidering Constitutional Formation II Decisive Constitutional Normativity: From Old Liberties to New Precedence

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Book Series: Studies in the History of Law and Justice ISSN: 2198-9842 ISBN: 9783319730363 9783319730370 Year: Volume: 12 Pages: 419 DOI: https://doi.org/10.1007/978-3-319-73037-0 Language: English
Publisher: Springer Grant: European Commission; European Research Council (ERC); University of Passau
Subject: Law
Added to DOAB on : 2018-06-29 15:51:53
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This second volume of ReConFort, published open access, addresses the decisive role of constitutional normativity, and focuses on discourses concerning the legal role of constitutional norms. Taken together with ReConFort I (National Sovereignty), it calls for an innovative reassessment of constitutional history drawing on key categories to convey the legal nature of the constitution itself (national sovereignty, precedence, justiciability of power, judiciary as constituted power).In the late 18th and early 19th centuries, constitutional normativity began to complete the legal fixation of the entire political order. This juridification in one constitutional text resulted in a conceptual differentiation from ordinary law, which extends to alterability and justiciability. The early expressions of this ‘new order of the ages’ suggest an unprecedented and irremediable break with European legal tradition, be it with British colonial governance or the French ancien régime. In fact, while the shift to constitutions as a hierarchically ‘higher’ form of positive law was a revolutionary change, it also drew upon old liberties. The American constitutional discourse, which was itself heavily influenced by British common law, in turn served as an inspiration for a variety of constitutional experiments – from the French Revolution to Napoleon’s downfall, in the halls of the Frankfurt Assembly, on the road to a unified Italy, and in the later theoretical discourse of twentieth-century Austria. If the constitution states the legal rules for the law-making process, then its Kelsian primacy is mandatory.Also included in this volume are the French originals and English translations of two vital documents. The first – Emmanuel Joseph Sieyès’ Du Jury Constitutionnaire (1795) – highlights an early attempt to reconcile the democratic values of the French Revolution with the pragmatic need to legally protect the Revolution. The second – the 1812 draft of the Constitution of the Kingdom of Poland – presents the ‘constitutional propaganda’ of the Russian Tsar Alexander I to bargain for the support of the Lithuanian and Polish nobility. These documents open new avenues of research into Europe’s constitutional history: one replete with diverse contexts and national experiences, but above all an overarching motif of constitutional decisiveness that served to complete the juridification of sovereignty. (www.reconfort.eu)

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