From the judge's Arbitrium to the legality principle legislation as a source of law in criminal trials
The legality principle characterizes all western legal systems, and it has become an integral part of the Western rule of law and the international human rights law. The principle dates back to enlightened jurists such as Cesare Beccaria and to social contract thinkers such as Charles de Secondat de...
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| Format: | eBook |
| Language: | English |
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Berlin
Duncker & Humblot
2013, 2013
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| Series: | Comparative studies in Continental and Anglo-American legal history
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| Collection: | Duncker & Humblot eBooks 2007- - Collection details see MPG.ReNa |
Table of Contents:
- Law and Criminal Justice in the Spanish Colonial Order: the Problematic Enforcement of the Legality Principle in the Early National Law in ArgentinaAniceto Masferrer: Principle of Legality and Codification in the Western Criminal Law Reform; Tatiana Borisova: Legislation as a Source of Law in Late Imperial Russia; Marju Luts-Sootak and Marin Sedman: Ambivalences of the Legality Principle in the Penal Law of the Baltic Provinces in the Russian Empire (1710-1917)
- The Mystery of Power Verdicts Solved? Frederick II of Prussia and the Emerging Independence of JurisdictionSylvain Soleil: "Lex Imperat": Creation and Exportation of the French Model of Legality Principle (18th-19th C.); Heikki Pihlajamäki: Legalism before the Legality Principle? Royal Statutes and Early Modern Swedish Criminal Law; Matthew C. Mirow: The Legality Principle and the Constitution of Cádiz; António Manuel Hespanha: The Pale Shade of Legality: The Resilience of Arbitrary Criminal Iudicia after the Era of Revolutions - the Portuguese case
- Legality over Time: the Path of the Nullum Crimen Principle to a Fully Anchored Legal Principle in Finnish Penal LawMarkus D. Dubber: The Legality Principle in American and German Criminal Law: An Essay in Comparative Legal History; Michele Pifferi: Indetermined Sentence and the Nulla Poena Sine Lege Principle: Contrasting Views on Punishment in the U.S. and Europe between the 19th and the 20th Century; Contributors
- Introduction: From Arbitrium to Legality? Or Legality and Arbitrium?; Anthony Musson: Criminal Legislation and the Common Law in Late Medieval England; Massimo Meccarelli: Dimensions of Justice and Ordering Factors in Criminal Law from the Middle Ages till Juridical Modernity; Wim Decock: The Judge's Conscience and the Protection of the Criminal Defendant: Moral Safeguards against Judicial Arbitrariness; Sébastien Dhalluin: Control of the Arbitrium of the Criminal Judge of the 'Parliament of Flanders' by Royal Legislation