Proportionality in crime control and criminal justice
edited by Emmanouil Billis, Nandor Knust and Jon Petter Rui
Bok · Engelsk · 2021
| Medvirkende | |
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| Omfang | xii, 394 sider
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| Opplysninger | Based on papers presented at the international workshop on Effectiveness and Proportionality: Modern Challenges in Security Law and Criminal Justice in Freiburg, Germany, in October 2019. - The typology of proportionality / Emmanouil Billis, Nandor Knust and Jon Petter Rui -- Proportionality and the criminal law : proportionality of what to what? / R A Duff -- Proportionality and the bindingness of fundamental rights / Ralf Poscher -- The contribution of fuzzy logic and comparative concepts to the rational application of proportionality stricto sensu / Christos Mylonopoulos -- The emotional component of proportionality / Thomas Elholm -- The principle of proportionality : tracing its historical evolution / Nestor Courakis and Vagia Polyzoidou -- Ends and means : why effective counter-terrorism requires respect for proportionality and rights / Lucia Zedner -- Contrasting penal and non-penal responses to terrorism : proportionality and human rights in the UK / John Jackson -- Big data and criminal justice. Proportionality, efficiency and risk in a global context / Richard Vogler -- Proportionality paradigm or paradox? The proportionality principle in American and German security law jurisprudence / Russell A Miller -- Effectiveness, proportionality and the abstract and concrete forms of decriminalisation. The example of Italy / Konstanze Jarvers -- Promoting retributive proportionality through sentencing guidelines / Julian V Roberts -- Proportionality in asset confiscation proceedings / Johan Boucht -- The proportionality principle in comparative public, European Union and international law - reflections on the 'proportionality equation' / Michael Bothe and Emanuela-Chiara Gillard -- Proportionality and efficiency in sentencing under international criminal law / Thomas Weigend -- Proportionality, mass surveillance and criminal investigation : the Strasbourg Court facing big brother / Lorena Bachmaier Winter -- Proportionality issues in European arrest warrant proceedings - three stories from the field / Ilias Anagnostopoulos.. - "This edited volume seeks to reassess the old and to analyse and develop novel approaches to the notion of proportionality in criminal matters and the new security architecture. The discourse is not limited to conventional constitutional constellations and standard problems of sentencing in traditional criminal proceedings. Rather, the book offers an interdisciplinary and cross-jurisdictional exploration of highly topical, proportionality-related issues pertinent to penal theory and legal philosophy, criminalisation policies, security and anti-terrorism strategies, alternative types of justice delivery, supranational enforcement as well as human rights and international criminal and humanitarian law. In today's global risk society, with its numerous visible and invisible enemies of the states and the individual, balancing between freedom and security has become nothing less than an attempt at untying a Gordian knot. Against this background, the proportionality of measures of crime prevention and repression is unquestionably an issue of utmost importance, which basic research and legal policy in rule-of-law based systems are urgently called to address. The timely and fascinating contributions in this book, covering jurisdictions from both the common law and the civil law as well as hybrid and international jurisdictions, will appeal to academics, researchers, policy advisers and practitioners working in the areas of national and international criminal law, comparative criminal justice/criminology, legal philosophy as well as constitutional and security law"--
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| Emner | |
| Dewey | |
| ISBN | 9781509938605
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