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Law and Criminology (R0)

Fábio Ulhoa Coelho

The First law

&lt;p&gt;Chapter 1&amp;ndash; The Centrality of The Legal Norm.- Chapter 2 &amp;ndash; Customary Law.- Chapter 3 &amp;ndash; The Social Contract.- Chapter 4 &amp;ndash; Reification of Law.- Chapter 5 &amp;ndash; The Centrality of Conflict.- Chapter 6 &amp;ndash; De-Reifying Law.&lt;/p&gt;

This book investigates the structural limits of the principle of party initiative and the rule of congruence within the contemporary civil procedural system, with a primary focus on Brazilian law and a comparative outlook that resonates with other legal traditions. It critically examines how the liberal-individualist foundations of civil procedure—rooted in 18th- and 19th-century private law—continue to shape the concepts of jurisdiction, action, defense, and process, often in ways that are misaligned with the collective and complex nature of modern legal disputes.Through the lens of financial compensation for mineral exploitation, the work explores the dual role of the Public Power as both rights-holder and representative of diffuse interests, revealing the inadequacy of traditional procedural categories in addressing collective claims. This tension underscores the need to rethink the procedural framework, especially when the judiciary is called upon to act beyond the strict confines of party-submitted claims.The book proposes a shift toward a more systemic and public-oriented understanding of judicial activity, grounded in the principle of proportionality—understood here in its pan-procedural dimension. Rather than evaluating procedural guarantees solely within the boundaries of individual cases, it advocates for a broader analysis that considers the efficiency and legitimacy of the judiciary as a public service. Drawing on constitutional principles and comparative jurisprudence, it argues that judicial decisions must be guided by a balance between means and ends, ensuring that interventions are not only legally sound but also socially and economically justified.This approach is further developed through a critical analysis of the classification of legal actions and the effects of judicial decisions. The book revisits traditional distinctions—declaratory, constitutive, condemnatory, mandamental, and executive—highlighting their historical evolution and practical limitations. It challenges the rigidity of these categories, especially in contexts such as third-party embargoes and fraud against creditors, where procedural formalism can hinder effective legal protection. The discussion extends to the controversial admissibility of declaratory actions on facts, advocating for a more pragmatic and flexible interpretation that aligns with the realities of legal uncertainty and the need for judicial affirmation of rights and obligations.This work offers a renewed theoretical and practical framework for understanding the boundaries of judicial action. By integrating the principles of proportionality and adequate representation into the heart of procedural reasoning, it seeks to reconcile the individualistic origins of civil procedure with the demands of a complex, pluralistic, and constitutionally committed legal order.

Principle of Party Initiative

European Union and its Neighbours in a Globalized World

This book examines how various methods of digital communication have entered the domain of EU Civil Procedure, with a primary focus on the service of documents, electronic submissions, the taking of evidence, and videoconferencing. It offers a comprehensive overview of legal issues surrounding the use of digital technology in the aforementioned areas and draws insight from the national legal doctrines of 15 EU Member States and select candidate countries. On the one hand, the research employs the comparative legal method to draw conclusions on commonalities and differences, as well as prospects for future approximation of laws. On the other hand, the book addresses open issues at the EU (supranational) level. The research is rooted in the observation that a paradigm shift from traditional to digital means of communication between courts and other judicial partakers is currently taking place. This shift is manifested through a variety of technologies and affects a wide legal landscape. The EU is heralding the incorporation of these developments in its latest legislation on cross-border disputes. The research deals with analyzing both existing (digital and traditional) and prospective means of communication in national and cross-border disputes. The book identifies problems in the national and EU legal frameworks and provide potential solutions for tackling these problems in the current or assess prospects for future developments.

With an Emphasis on the Electronic Service of Documents and Taking of Evidence

Digital Communication in EU Civil Procedure

Routledge Research in Finance and Banking Law

Law in a World of Multiple Legal Orders is an accessible introduction to law for students and general readers worldwide. It offers a foundational understanding of what law is and how it operates, while acknowledging that contemporary law is unavoidably cross-border.Starting with the basic idea of law and its relationship with justice, the book introduces the main legal traditions, courts, and constitutions, before moving on to civil procedure and litigation, legal borrowing between systems, international and supranational law - including European law - and the growing role of alternative dispute resolution, such as arbitration and mediation. Conceived as an international introduction to law that also serves as a natural gateway to international law, the book is designed to help students from different legal traditions understand the nature and functions of law, while giving them the conceptual tools needed to engage more deeply with the major fields of law, such as contract law (and the law of obligations more generally), criminal law, administrative law, corporate law, family law, and a multitude of others. It performs the conventional function of an introduction to law, laying the foundations for understanding the role of law and legal institutions in the contemporary world. By offering a modern and accessible introduction to law for the realities of a global and interconnected world, it helps students build a solid understanding of law across legal systems and brings together, in a single volume, what would normally take years to learn.This will be essential reading for introduction to law courses, as well as for courses in international, transnational, and comparative law.

A Global Introduction to Law

Law in a World of Multiple Legal Orders

This book offers a comprehensive exploration of contemporary issues in consumer law. Organized by the International Association of Consumer Law (IACL) and presented at the 18th World Consumer Law Conference in Hamburg, it examines multifaceted challenges across various jurisdictions and sectors. It begins with an analysis of the integration of consumer protection into financial services, featuring insights into Brazilian over-indebtedness frameworks and South African corporate responsibility. A significant portion is devoted to trade obligations and faulty goods, including comparative studies involving Ghana, the UK, and the EU, alongside discussions on product durability.
 
 The volume adopts an interdisciplinary approach, exploring the intersection of consumer law with competition law, gender studies, and intellectual property. It brings together international perspectives, ranging from gender protection in Argentina to trademark analysis in China. In the digital context, the book addresses evolving challenges such as Online Dispute Resolution (ODR), blockchain, and the liability of online platforms under EU and Turkish law. It also examines the impact of artificial intelligence in healthcare, deceptive design practices, and the important link between consumer protection and environmental sustainability.
 
 Covering emerging areas such as food law and the protection of international tourists, this book is an essential resource for legal scholars, practitioners, and policymakers navigating the complex landscape of modern consumer protection.

New Challenges of Consumer Law

Palgrave Studies on Sentencing

International Perspectives on Structuring and Restricting the Use of Imprisonment

Who Goes to Prison?

The book explains the most significant cases and jurisprudence emerging from the 32-year record of the judicial institutions highlighted in the book. It engages the readers with the human stories behind the legal rulings so that the context and drama are properly introduced and understood. We will describe the principles of international law emerging from and being strengthened by the jurisprudence of tribunal judges. These include: the legal authority of the UN Security Council, the UN General Assembly, and regional organizations like the European Union and the Council of Europe to create&nbsp;
 ad hoc
 or hybrid war crimes tribunals; greater precision and context in defining each category and listing of atrocity crimes, including the full range of genocide and torture and when either crime encompasses rape, the range of situations that constitute genocide and crimes against humanity, forced marriage as a crime against humanity, torture as a 
 jus cogens
 principle, hate speech as persecution, and enslavement; elaborating modalities of individual criminal responsibility about command responsibility, aiding and abetting, and co-perpetration or joint criminal enterprise; developing new principles regulating non-international armed conflicts and the status of non-state groups under international law; establishing clearer intent (
 mens rea
 ) requirements for crimes against humanity and genocide; applying judicial notice to confirm the obvious reality that atrocity crimes on a massive scale occurred in a particular situation; establishing a broad range of human rights protections and the responsibility of states to ensure their enforcement.
 This book tells the story of pathbreaking developments in select cases litigated before the International Court of Justice, five special purpose atrocity crimes tribunals, the International Criminal Court, and the European, Inter-American and African human rights courts, as well as what to anticipate with the newly-created Special Tribunal for the Crime of Aggression against Ukraine. The protection of human rights as an obligation of national governments is reflected in major cases of the European Court of Human Rights, the Inter-American Court of Human Rights, and the African Court of Human and Peoples’ Rights.

The Story of Modern International Justice, 1993-2025

Routledge-Giappichelli Studies in Law

This volume sets out to explore the relationship between individual will (voluntas) and the legal rule. What unfolds in the following pages is a wide-ranging itinerary, moving between past and present, most notably ancient Rome and the contemporary world.The guiding question is as radical as it is enduring: in what way can voluntas (a psychological impulse internal to the individual) come to determine the legal rule? European private law tradition rests on the premise that legally binding acts - contract and will, to mention only two paradigmatic cases - derive their force from individual will. From the Roman sources arises, with exemplary force, the notion of lex privata: the idea that private will itself may generate binding legal norms. Such a premise immediately leads to further questions. Above all, it compels reflection on the authenticity of that will: what if voluntas is compromised? The law of defects (error, dolus, metus) opens the problem of whether distorted or corrupted will can truly sustain the validity and effects of a legal rule.The reflections gathered in this book approach the European civil law tradition as a broad and unified phenomenon, one in which law is inseparably bound to the historical and cultural contexts in which it takes shape.

Rethinking Lex Privata

Individual Will and the Civil Law Tradition

Qizhen Humanities and Social Sciences Library

This seminal work establishes the digital rule of law as the fundamental trajectory for social governance and legal transformation in the digital era. Guided by the vision of "empowering the rule of law through digital technologies while anchoring digital development within legal frameworks," the Digital Law Research Team at Zhejiang University presents pioneering research in this book.

Practice and Reform

Digital Rule of Law

There have been numerous attempts to trace a historical, if not evolutionary, line through the development of discourses on justice. As impressive as this tradition is, the everyday use and labeling of people, actions, and structures as 'just' or 'unjust' seems to us to be far removed from it. In political discourse, from left to right, people make use of the semantics of justice, and in another sphere, a pluralistic use is emerging, namely in the world religions. Social developments seem to be characterised precisely by the fact that they claim to be evaluated from the perspective of 'just/unjust': this applies to the gender debate, the discourse on climate justice, intergenerational justice, questions of restorative justice, memory justice, or epistemic justice and ontological injustice in the religious discourse of Catholicism. At the same time, the spread of the vocabulary of justice seems to be both an expression and a harbinger of a crisis in the sphere, because if the distribution of goods, access to status, the use of essential goods, access to educational places of remembrance, and so on are perceived as 'unjust', then this indicates a 'crisis' in which a sphere can develop in a more just or more unjust direction.

Discourses of Justice - Indicators of Crises?

The book examines the practice of judicial reasoning in Tort law, understood as a process of justification, consisting of both deductive and non-deductive elements, and therefore involving a significant element of choice or discretion. The book divides the elements of judicial reasoning into four conceptual categories: factual assessments, application of legislative and judge-made rules, reliance on reasonableness, and policy considerations. To discuss these elements in a comparative perspective the book uses the English and French judicial traditions of Tort law as case studies. This enables the author to present a range of methods of establishing facts, drawing inferences, using legal sources and relying on policy arguments. By closely examining selected Tort judgments from both jurisdictions, the book elucidates the phenomenon of law-making through adjudication in both a non-codified and a codified system of liability. It offers a reflection on different approaches legal systems may adopt to the importance in the process of judicial justification of such issues as certainty and truth, common sense, consistency with previous judicial decisions and policy.
The book connects the choice of approaches in judicial reasoning in Tort law with its procedural and institutional context.

English and French Traditions Compared

Judicial Reasoning in Tort Law

Routledge Research in Legal Philosophy

This book argues that legal punishment is almost never morally justified. Many criminal law theorists think that this view is deeply at odds with common sense and that it's subject to decisive objections. Against these theorists, the book argues that the standard objections to this view fail and that commonsense judgments support it. Along the way, the book stakes out and defends novel positions in some longstanding debates in criminal law theory and ethics, including debates about the nature of punishment, the relevance of intentions to ethics, the significance of moral desert, and the implications that moral risk has for the criminal law. The book provides an accessible and thoroughly researched defense of a rarely defended position in the philosophy of punishment, making the book of interest to both established researchers in this area as well as students who are looking for an introduction to the topic.

An Argument for Abolition

Against Legal Punishment

The First law

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