scholarly journals Das Gesetz gegen Doping im Sport in der Praxis – Eine Evaluierung

2021 ◽  
Author(s):  
Elisa Hoven ◽  
Michael Kubiciel
Keyword(s):  
Federal Government ◽  
Case Studies ◽  
Criminal Law ◽  
Legal Practice ◽  
Practical Application ◽  
The Law ◽  
The Relationship

The act against doping in sport stands at the end of an intensive legal discussion. The main points of contention were the introduction of a punishable ban on self-doping and the relationship between national criminal law and the law governing sports associations. Five years after the act came into force, the authors undertook an evaluation of its provisions and its practical application on behalf of the German Federal Government. The book uses case studies and interviews to illustrate the strengths and weaknesses of the act against doping in sport. In this way, the book serves both to understand national legal practice and to provide guidance for legislators and sports associations.

Quintilian and the Law

2021 ◽  
pp. 258-277
Author(s):  
Olga Tellegen-Couperus
Keyword(s):  
Criminal Law ◽  
Roman Law ◽  
Private Law ◽  
Legal Procedure ◽  
Legal Expert ◽  
The Law ◽  
Law Of Succession ◽  
The Relationship

How did Quintilian regard the relationship between rhetoric and law? It is only in the last book of his Institutio oratoria that Quintilian deals with this question. In 12.3 he states that the well-educated orator must have a broad knowledge of the law so that he will not be dependent on information from a legal expert. In the course of the book, Quintilian shows that he himself was well acquainted with Roman law for he often explains rhetorical technique by giving legal examples, and these examples deal with a wide variety of topics and refer to a wide variety of sources. The topics include criminal law and private law, particularly the law of succession, and legal procedure. The sources range from speeches by Cicero to fictitious laws and cases. Quintilian regarded rhetoric as superior to law but he will have agreed with Cicero that rhetoric and law were partners in dignity.

Criminal Litigation

2021 ◽  
Author(s):  
Lisa Mountford ◽  
Martin Hannibal
Keyword(s):  
Case Studies ◽  
Legal Practice ◽  
Criminal Cases ◽  
Realistic Case ◽  
Online Documentation ◽  
The Law

Criminal Litigation offers a guide to the areas of criminal litigation covered in the Legal Practice Course. Making use of realistic case studies backed up by online documentation, the text combines theory with practical considerations and encourages a focus on putting knowledge into a practical context. The volume covers all procedural and evidential issues that arise in criminal cases. The more complex areas of criminal litigation are examined using diagrams, flowcharts, and examples, while potential changes in the law are highlighted. This edition has been fully revised to reflect the most recent law and practice in all aspects of criminal litigation.

scholarly journals TALKING ABOUT RAPE – AND WHY IT MATTERS: Adjudicating rape in the Western Cape High Court

2016 ◽  
Author(s):  
Stacy Moreland
Keyword(s):  
Criminal Law ◽  
Institutional Factors ◽  
Western Cape ◽  
Sexual Offences ◽  
High Court ◽  
The Law ◽  
The Relationship ◽  
Selection Of ◽  
Do So

This article asks the question: how do judges know what rape is and what it is not? The statutory definition contained in the Criminal Law (Sexual Offences and Related Matters) Amendment Act1 (SORMA) guides courts in adjudicating rape cases, and as such the definition is theirs to interpret and implement. This article analyses a small selection of recent judgements of the Western Cape High Court2 (WCHC) for answers. The article begins by establishing why judgements are an important source for understanding what rape means in society at large; it then discusses the relationship between power, language, and the law. This is followed by specific analyses of cases that show how patriarchy still defines how judges express themselves about rape. It concludes by looking at the institutional factors that discourage judges from adopting new ways of talking about rape, and their constitutional mandate to do so.

Cauzele justificative și transmiterea unor boli infectocontagioase

2020 ◽  
Vol 2020 (2020) ◽  
pp. 319-347
Author(s):  
Dorel HERINEAN ◽  
Keyword(s):  
Public Health ◽  
Infectious Diseases ◽  
Criminal Law ◽  
Social Value ◽  
Legal Practice ◽  
The Public ◽  
The Law ◽  
The Times ◽  
Near Future

In the context of the COVID-19 pandemic, this article analyses some possibilities provided by the law in order to protect the public health or the health of an individual, respectively the commission of certain actions sanctioned by the criminal law under the incidence of the justification causes, with the consequence of their lack of criminal character. Whether it is the means of retaliation or rescue that can be used by a person facing the transmission of infectious diseases, the actions necessary to prevent or combat the pandemic that the law authorizes or the availability or not of a person's health as a social value, the situations that may appear in the near future in the legal practice have not been previously studied by the doctrine and have an element of novelty. Thus, the article makes, based on some theoretical exercises, a punctual analysis of some problems of application and interpretation that could intervene and for which are offered, most of the times, generic, principled landmarks, but also some concrete solutions on the incidence or exclusion from the application of the justification causes.

Criminal Litigation 2017-2018

2017 ◽  
Author(s):  
Martin Hannibal ◽  
Lisa Mountford
Keyword(s):  
Case Studies ◽  
Legal Practice ◽  
Criminal Cases ◽  
Realistic Case ◽  
Online Documentation ◽  
The Law

Criminal Litigation offers a guide to the areas of criminal litigation covered in the Legal Practice Course. Making use of realistic case studies backed up by online documentation, the text combines theory with practical considerations and encourages a focus on putting knowledge into a practical context. The volume covers all procedural and evidential issues that arise in criminal cases. The more complex areas of criminal litigation are examined using diagrams, flowcharts, and examples, while potential changes in the law are highlighted. This edition has been fully revised to reflect the most recent law and practice in all aspects of criminal litigation.

scholarly journals ANALISIS YURIDIS TERHADAP TINDAKAN ABORSI DALAM PERSPEKTIF HUKUM PIDANA INDONESIA (Studi Komparatif; Undang-Undang Kesehatan, KUHP dan HAM)

2017 ◽  
Vol 6 (3) ◽  
Author(s):  
Rustam Rustam
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Penal Code ◽  
Medical Emergency ◽  
Analysis Approach ◽  
The Law ◽  
The Relationship

Tujuan dari penelitian ini adalah untuk melihat tinjaun yuridis terhadap tindakan aborsi yang ditinjau dari Undang-Undang No.36 Tahun 2009, Kitab Undang-Undang Hukum Pidana (KUHP), hubungan antara Kitab Undang-Undang Hukum Pidana (KUHP) dan UU No. 36 Tahun 2009serta perbandingan pandangan (Perspektif) terhadap aborsi antara UU No.36 Tahun 2009 Tentang Kesehatan, KUHP dan HAM. Berdasarkan aturan  KUHP dan HAM aborsi dilarang sedangkan menurut Undang-Undang No.36 Tahun 2009, aborsi diperbolehkan dengan syarat tertentu. Pendekatan yang digunakan adalah pendekatan analisis yuridis. Perbedaan aturan tentang aborsi yakni antara Undang-Undang No.36 Tahun 2009, Kitab Undang-Undang Hukum Pidana (KUHP) dan Hak Azazi Manusia ditengahi oleh asas lex posteriori derogat legi priori yang membuat gagasan baru tentang aborsi yakni pada kedaruratan medis yakni provokatus medicalis. Sedangkan abortus provocatus, berdasarkan pandanga ketiga aturan tersebut adalah merupakan tindakan pidana yang dilarang, serta di anggap sebagai pelanggaran terhadap hak azazi manusia. Kata Kunci; Aborsi, Hukum Pidana, KUHP, HAMThe purpose of this study is to  determine at the legal review of abortion actions reviewed from Law No.36 of 2009, Penal Code, the relationship between the , Penal Code and Law No, 36 of 2009 and comparison of perspective on Abortion action among Law no. 36 in 2009 on Health, Penal Code and Human Rights. Based on Penal Code and Human Rights, abortion is prohibited in Indonesia but based on the Law No.36 of 2009 stated that abortioncould be done with certain conditions. The approach used was the juridical analysis approach. Differences  abortion regulation lawsbased on the Law No.36 of 2009, Penal Code and Human Rights were mediated by the principle of “lex posteriori derogat legion priori” which made an issue on abortion regulation lawsonly in medical emergency namely” provokatus medicalis”. Meanwhile “forabortus provocatus”, based on the threelaws’ views,is a prohibited action and considered as a violation of human rights.Keywords; Abortion, Criminal Law, Penal Code, Human Rights

Strikes, Ballots, Law, and Democracy

2020 ◽  
pp. 1-40
Author(s):  
Breen Creighton ◽  
Catrina Denvir ◽  
Richard Johnstone ◽  
Shae McCrystal ◽  
Alice Orchiston
Keyword(s):  
Collective Bargaining ◽  
Case Studies ◽  
Economic Interests ◽  
Historical Outline ◽  
The Social ◽  
Democratic Rights ◽  
The Law ◽  
The Relationship

This chapter examines the nature and purposes of strike action. It suggests that strikes are a means of protecting and promoting the social and economic interests of workers—especially in the context of collective bargaining. It provides an historical outline of the relationship between strikes and the law by tracing the transition from repression of union organization, and more specifically the capacity to take strike action, through toleration to recognition, and recently back to reluctant toleration. The chapter also notes that the capacity to take strike action is almost always limited in one or more ways, including restrictions on the organizations and/or individuals that can lawfully take strike action, the forms of strike action that can legitimately be taken, the matters in relation to which strike action may be taken, and the procedural requirements for lawful strike action. A very common procedural constraint is a requirement that proposed strike action be authorized by a pre-strike ballot. Chapter 1 introduces the usual ostensible rationale for pre-strike ballots—the need to protect the democratic rights of individuals: the so-called ‘democratic imperative’. It also uses two case studies to introduce important theoretical and practical issues raised by the use of pre-strike ballots.

Criminal law as a moral stronghold

2019 ◽  
pp. 59-74
Author(s):  
Hans Boutellier
Keyword(s):  
Criminal Law ◽  
The Other ◽  
Moral Order ◽  
Complex World ◽  
Legal Practice ◽  
Moral Issues ◽  
Moral Space ◽  
Security Discourse ◽  
The Relationship

This chapter analyses the position of criminal law in order to understand the dominance of the security discourse. In a morally coherent community, criminal law functions as a last resort — an ultimum remedium. This was the case until the 1970s. Due to rising crime figures and societal unease, the position of criminal law shifted from a legal practice on the periphery to a central institution of moral order. The chapter discusses a switch in the relationship between morality and criminal law. After the 1970s, criminal law was no longer the result of consensus on moral issues, but it was the other way round: criminal law became the defining authority in the design of moral space. It is the moral stronghold in a liquid society, an anchor in a complex world without direction. The chapter shows how ‘the victim’ was the key in this ‘inversion’ of morality and criminal law.

Duress and the Criminal Law: Another About Turn by the House of Lords

1988 ◽  
Vol 47 (1) ◽  
pp. 61-76 ◽  
Author(s):  
H. P. Milgate
Keyword(s):  
Northern Ireland ◽  
Criminal Law ◽  
Common Law ◽  
General Rule ◽  
The Past ◽  
House Of Lords ◽  
The Common ◽  
The Law ◽  
The Relationship ◽  
Second Degree

In the field of criminal law we should be used to the House of Lords changing its mind. In the course of the past three years the House has fundamentally altered its view on the meaning of intention, on the relationship between statutory and common law conspiracy and on the law of impossible attempts. Now we have another about turn. In R. v. Howe and Bannister the House of Lords has unanimously decided that duress can never be a defence to murder. Yet elsewhere in the criminal law (with the exception of some forms of treason) duress operates as a complete defence, leading to acquittal if raised successfully. In making murder an exception to this general rule the House, using its power under the Practice Statement of 1966, has departed from its previous decision in D.P.P. for Northern Ireland v. Lynch which allowed the defence of duress to be raised by principals in the second degree to murder. The Lynch decision, which had stood as part of the common law for some twelve years, is now consigned to the legal scrapheap.

scholarly journals Duty as a defence between civil disobedience and criminal law

2021 ◽  
pp. 547-562
Author(s):  
Laura Ciccozzi
Keyword(s):  
United States ◽  
Criminal Law ◽  
Civil Disobedience ◽  
The United States ◽  
17Th Century ◽  
Legal Thought ◽  
History Of ◽  
The Law ◽  
The Right ◽  
The Relationship

The history of civil disobedience begins in the United States in the 17th century and has evolved during the centuries. The most modern type of civil disobedience, whistleblowing, is emblematic of how the concept has changed over the last decades.The question of which circumstances justify disobedience to the law is one of the most debated in the history of legal thought. The article analyses the relationship between morality and criminal law or, in other words, between the right (and duty) to disobey certain laws and its consequences.

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