: , The Slayer of Our Enemy is Our Son: Resolution Gaps between Criminal Law and Society, between Life and Death and between Victim and Offender

2017 ◽  
Author(s):  
Asaf Harduf
Keyword(s):  
Criminal Law ◽  
Law And Society ◽  
Life And Death

Criminal Law and Society in Late Medieval and Tudor England

1987 ◽  
Vol 31 (2) ◽  
pp. 164
Author(s):  
Cynthia Herrup ◽  
John G. Bellamy
Keyword(s):  
Criminal Law ◽  
Law And Society ◽  
Late Medieval ◽  
Tudor England

A Right to Assist? Assisted Dying and the Interim Policy

2010 ◽  
Vol 74 (1) ◽  
pp. 31-52
Author(s):  
Ben Livings
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Assisted Suicide ◽  
The State ◽  
European Convention ◽  
Life And Death ◽  
The Law ◽  
New Guidelines ◽  
Potential Challenge

There are few more controversial, or emotive, debates within the criminal law than that which surrounds the topic of euthanasia, questioning as it does the fundamental role of the law in regulating the most intimate aspects of a person's life and death. The acknowledgement by the courts (notably in the cases of Diane Pretty and Debbie Purdy) that this area engages a person's rights under the European Convention on Human Rights exacerbates the urgency of the problem, and further nuances the debate as to the extent to which the autonomy of the person is impinged upon, and whether this is a function legitimately exercised by the state. In the wake of the announcement of new guidelines for prosecution in cases of assisted suicide, this article examines the state of the law regarding assisted suicide in England and Wales, and the fragile position of euthanasia within the criminal law. It will look to the various, and often rights-based, challenges to the law, and in particular a potential challenge through Article 7 of the European Convention on Human Rights.

The Noose Hidden Under Flowers: Marriage and Law in Saint Ronan’s Well

2015 ◽  
Author(s):  
John W Cairns
Keyword(s):  
Criminal Law ◽  
Sir Walter Scott ◽  
Law And Society ◽  
The Political ◽  
General Point ◽  
The Novel ◽  
Crime And Punishment ◽  
Waverley Novels ◽  
The Law ◽  
Harsh Critique

This chapter explores issues of the law on marriage in novels by Sir Walter Scott, focusing on Saint Ronan's Well. In a number of ways, Scott's novels can be viewed as offering a commentary on Scots law and society. Legal themes that emerge from them can indicate more general contemporary legal concerns. This general point has been demonstrated in Bruce Beiderwell's argument that the Waverley novels made an important contribution to general discourse about crime and punishment at a crucial period in the development of new penal strategies and of reform in the criminal law. The chapter argues that the theme of marriage is central to Saint Ronan's Well and shows that the novel offers a harsh critique of aspects of the Scots law on the constitution of marriage and, at another level, of that other union — the political one of Scotland with England.

Market-Based Regulatory Responses to Private Lending in China: Beyond a Law and Society Paradigm

2017 ◽  
Vol 4 (1) ◽  
pp. 59-79 ◽  
Author(s):  
Wei SHEN
Keyword(s):  
Interest Rate ◽  
Criminal Law ◽  
Regulatory Framework ◽  
Law And Society ◽  
Economic Downturn ◽  
Law And Finance ◽  
Private Lending ◽  
Black Letter

AbstractAlong with China’s economic downturn, there has been an increase in the size of China’s underground lending market. The mounting risk in connection with this underground lending market triggers tremendous interest and debates over appropriate and effective regulatory responses. Because of its private and non-transparent character, the underground lending market is likely to confound those seeking to find “black letter” law governing its regulatory framework. Instead of relying on its conventional tighten-up strategy—using the muscle of the Criminal Law—China has orchestrated an experiment by allowing local legislation to formalize part of the underground lending market, as well as a judicial approach by recognizing a higher interest rate charged by underground lenders to borrowers. This article tries to understand the underlying rationale of regulatory and judicial movements through both law and society, and law and finance lens.

scholarly journals Penyelesaian Tindak Pidana Perzinahan dalam Hukum Adat di Kabupaten Batanghari

Wajah Hukum ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 418
Author(s):  
Islah Islah
Keyword(s):  
Rule Of Law ◽  
Criminal Law ◽  
Social Life ◽  
Public Law ◽  
Customary Law ◽  
Law And Society ◽  
Public Order ◽  
Private Law ◽  
Legal Rules

Customary criminal law or customary violation law are customary law rules that regulate events or wrongdoing that result in disturbing the balance of the community so that it needs to be resolved (in law) so that the balance of the community is not disturbed. One of the areas that still applies customary law as a rule that is obeyed. In social life, law and society are two things that cannot be separated. Therefore we need a rule of law to regulate social life in order to achieve public order. These legal rules are either written or unwritten. Applicable nationally and regionally, in the field of public law and private law. Customary violations are rules of customary law that regulate events or wrongdoing that result in disturbing the balance of the community so that it needs to be resolved (in law) so that the balance of the community is not disturbed. One of the areas that still applies Customary Law as a rule that is obeyed by the community, as happened in Batanghari Regency, the community still respects customary law in solving cases such as the crime of adultery 

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