Criminal law-making : theory and practice
著者
書誌事項
Criminal law-making : theory and practice
(Legisprudence library, v. 7)
Springer, c2021
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注記
Includes bibliographical references
内容説明・目次
内容説明
This book intends to contribute to the consolidation of the new approach to lawmaking that has taken place in the last 20 years in legal philosophy and legal theory, spreading to other legal fields, especially criminal law. This new legislation science focusing on criminal problems has triggered a growing interest in the field, a dynamic which has led to a long-needed convergence of disciplines such as administrative law, criminal law, criminology, political science, sociology and, of course, legal philosophy to contribute to a more rational decision-making process for the construct of criminal laws.
With the intention to continue on with the building of a solid "Criminal Legislation Science", this work presents scholars, lawmakers and students various emblematic approaches to enrich the discussion about different and promising tools and theoretical frameworks.
目次
Legislative Policy in Spain. Analysis of the Current Situation and the Challenges for a Quality Legislative Technique.- Sword or Shield? The Influence of International Organisations in Counterterrorism Law and Policy Making.- EU Law-Making Process in Criminal Matters after Lisbon. In Search of a Better EU Criminal Policy.- From Lobbying to Corruption: The Strategies of Pressure Groups to Influence the Law-Making Process.- Does Public Opinion Matter for Criminal Law? Revisable Life Imprisonment in Spain and its Relationship with Social Demands.- Perpetual Prison in Colombia. Analysis of the Legislative Initiatives for their Authorization, and the "rational" Arguments for their Incorporation in the Colombian Legal System.- The Influence of the Law-and-Order Model in Spanish Juvenile Criminal Lawmaking Policy.- Instrumental Rationality of the Legislator and Social Stereotypes on Crime: Models of Punitive Argumentation.- The Victim as a Client of the Penal System.- Punitiveness and Spanish Criminal Law Making Policy. Four Homogeneous Legislative Terms (1996-2011).- Brazilian Post-1988 Constitution Criminal Policies: Comparing Lawmaking with Impacts on Incarceration
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