Aniceto Masferrer

Kjell Å Modéer

Olivier Moréteau

The specially commissioned papers in this book lay a solid theoretical foundation for comparative legal history as a distinct academic discipline. While facilitating a much needed dialogue between comparatists and legal historians, this research handbook examines methodologies in this emerging field and reconsiders legal concepts and institutions like custom, civil procedure, and codification from a comparative legal history perspective.

Comparative Legal History

Philip Thomas

Dirk Heirbaut

Peter-Ben Smit

Emanuele Conte

Martin Schermaier

Harry Dondorp

Boudewijn Sirks

Alain Wijffels

John Cairns

Louis Sicking

Wim Decock

Atsuko Fukuoka

Chris Lorenz

David Ibbetson

Sjoerd Faber

Bart Wauters

Hylkje de Jong

Orazio Condorelli

Daniel Visser

Emanuel van Dongen

Janwillem Oosterhuis

Laurent Waelkens

Viola Heutger

Niels De Bruijn

Jacques du Plessis

Ton Meijers

Dirk Jan Schoon

Eltjo Schrage

Konstantin Tanev

C. (Leon) van den Broeke

Tymen van der Ploeg

Guus van Nifterik

Maurice van Stophout

Tammo Wallinga

Laurens Winkel

***Angaben zur beteiligten Person Condorelli: Orazio Condorelli ist Professor für Kirchenrecht an der Universität Catania.

Essays in honour of Jan Hallebeek

De rebus divinis et humanis

Kjell A. Modéer

This book discusses the relation between morality and politics, and morality and law, a field that has been studied for more than two thousand years. The law is a part of human culture, and this touches upon a dynamic reality that is connected to the relation between nature and freedom, nature and culture. If such relations are not clearly understood, as is the case today, the relation between morality and law cannot be properly comprehended either. The relation between morality and criminal law needs to be continually revised and updated because human beings cannot be detached from time and historical development, and social changes and new situations require new interpretations. And since the relationship involves criminal law, legal philosophy and legal history, interdisciplinary approaches are always needed. Featuring fifteen original contributions by legal scholars from various European and American universities, the book does not pretend to solve the complexity of the relation between morality and criminal law, but instead expresses criticism, offers some proposals and stimulates further thought. The book tackles the topic from an interdisciplinary perspective (criminal law, constitutional law, legal philosophy and legal history, among others). As such, it appeals not only to scholars and students, but also to lawyers, policymakers, historians, theologians, philosophers and general readers who are interested in the legal, social, political and philosophical issues of our time.--

Interdisciplinary Perspectives

Criminal Law and Morality in the Age of Consent

Clive Walker

ŠA deep and thoughtful exploration of counter-terrorism written by leading commentators from around the globe. This book poses critical questions about the definition of terrorism, the role of human rights and the push by many governments for more secu

Crossing Legal Boundaries in Defence of the State

Counter-Terrorism, Human Rights and the Rule of Law

The terrorist attacks occurred in the United States on 11 September 2001 have profoundly altered and reshaped the priorities of criminal justice systems around the world. Atrocities like the 9/11 attacks, the Madrid train bombings of March 2003, and the terrorist act to the United Kingdom of July 2005 threatened the life of democratic nations. The volume explores the response of democratic nation-states to the problems of terrorism and counter-terrorism within the framework of the Rule of Law. One of the primary subjects of study is the ways in which the interests of the state (security from external threats, the maintenance of civil peace, and the promotion of the commonwealth) are balanced or not with the liberty and freedom of the citizens of the state. The distinctive aspect of this focus is that it brings a historical, political, philosophical and comparative approach to the contemporary shape and purposes of the criminal justice systems around the world.

Security and Human Rights in Countering Terrorism

Post 9/11 and the State of Permanent Legal Emergency

This volume addresses an important historiographical gap by assessing the respective contributions of tradition and foreign influences to the 19th century codification of criminal law. More specifically, it focuses on the extent of French influence – among others – in European and American civil law jurisdictions. In this regard, the book seeks to dispel a number of myths concerning the French model’s actual influence on European and Latin American criminal codes. The impact of the Napoleonic criminal code on other jurisdictions was real, but the scope and extent of its influence were significantly less than has sometimes been claimed. The overemphasis on French influence on other civil law jurisdictions is partly due to a fundamental assumption that modern criminal codes constituted a break with the past. The question as to whether they truly broke with the past or were merely a degree of reform touches on a difficult issue, namely, the dichotomy between tradition and foreign influences in the codification of criminal law. Scholarship has unfairly ignored this important subject, an oversight that this book remedies.

A Revision of the Myth of its Predominant French Influence

The Western Codification of Criminal Law

Emilio García-Sánchez

This volume is devoted to exploring a subject which, on the surface, might appear to be just a trending topic. In fact, it is much more than a trend. It relates to an ancient, permanent issue which directly connects with people’s life and basic needs: the recognition and protection of individuals’ dignity, in particular the inherent worthiness of the most vulnerable human beings. The content of this book is described well enough by its title: ‘Human Dignity of the Vulnerable in the Age of Rights’. Certainly, we do not claim that only the human dignity of vulnerable people should be recognized and protected. We rather argue that, since vulnerability is part of the human condition, human vulnerability is not at odds with human dignity. To put it simply, human dignity is compatible with vulnerability. A concept of human dignity which discards or denies the dignity of the vulnerable and weak is at odds with the real human condition. Even those individuals who might seem more skilled and talented are fragile, vulnerable and limited. We need to realize that human condition is not limitless. It is crucial to re-discover a sense of moderation regarding ourselves, a sense of reality concerning our own nature. Some lines of thought take the opposite view. It is sometimes argued that humankind is – or is called to be – powerful, and that the time will come when there will be no vulnerability, no fragility, no limits at all. Human beings will become like God (or what believers might think God to be). This perspective rejects human vulnerability as in intrinsic evil. Those who are frail or weak, who are not autonomous or not able to care for themselves, do not possess dignity. In this volume it is claimed that vulnerability is an inherent part of human condition, and because human dignity belongs to all individuals, laws are called to recognize and protect the rights of all of them, particularly of those who might appear to be more vulnerable and fragile.

Human Dignity of the Vulnerable in the Age of Rights

Aniceto Masferrer

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