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Accessory liability /
This book suggests that by looking at accessory liability though the lens of private law, its nature and principles can be better understood and doctrinal confusion regarding the elements of liability, defences and remedies resolved.
| Clasificación: | Libro Electrónico |
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| Autor principal: | |
| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
Oxford [England] ; Portland, Oregon :
Hart Publishing,
2015.
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| Colección: | Hart studies in private law.
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| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- Cover; Half-title; Title; Copyright; Preface; Contents; List of Contributors; Introduction: Fascism and Criminal Law, 'One of the Greatest Attributes of Sovereignty'; I Criminal Law and Italian Fascism; 1 The Shadow of the Law: the Special Tribunal for the Defence of the State between Justice and Politics in the Italian Fascist Period; Political Justice in the Liberal Order and the Paradox of Freedom; The Special Tribunal for the Defence of the State as an Overcoming of the Liberal Paradox of Freedom; Political Justice and the Political Nature of the Fascist Regime.
- Can the Special Tribunal be Seen as a Constitutional Instance of Fascist Political Justice?2 The Positivist School of Criminology and Italian Fascist Criminal Law: a Squandered Legacy?; Cesare Lombroso: a Dangerous Method?; A Multifaceted 'Criminal Man'; The Free Will Battle; The Ferri Project; From Positivist Revolution to Fascist Revolution: the Choice of Ferri; Toward the Fascist Criminal Code: the Contribution of the Rocco Brothers; What Legacy?; Fascist Criminal Law?; Conclusion; 3 Fascist by Name, Fascist by Nature? The 1930 Italian Penal Code in Academic Commentary, 1928-46.
- Reading the Rocco Code in Comparative Academic CommentaryConclusion; 4 Criminal Law, Racial Law, Fascist Law: Was the Fascist Era Really a 'Parenthesis' for the Italian Legal System?; Defining the Problem; The 1930 Penal Code and 1942 Civil Code; The Racial Laws; The Impact on Post-war Jurisprudence; Concluding Thoughts; II Criminal Law, Fascism and Authoritarianism in Romania, Spain, Brazil and Japan; 5 The Enemy Within: Criminal Law and Ideology in Interwar Romania; The Romanian Interregnum: State, Politics and the Rise of Fascism.
- Defending the State: Criminal Law, Legal Theory and IdeologyThe Return of the Sovereign; 6 Criminal Law under the Francoist Regime: the Influence of Militarism and National-Catholicism; A Succinct but Necessary Introduction; Military Justice and Special Courts; Special Jurisdictions; Ordinary Criminal Law and the Values of the Nuevo Estado; Conclusion; 7 When Law and Prerogatives Blend: Generic Fascism in Getulio Vargas's Brazil, 1930-45; Historicising the Getulio Vargas Regime; Positivist Legality in the Service of Power; Criminal Law and Generic Fascism's Constitutional Face.
- National Identity and Brazil's Generic FascismState v Citizen; Conclusion; 8 Facilitating Fascism? The Japanese Peace Preservation Act and the Role of the Judiciary; The Peace Preservation Act and the Judiciary; Antecedents; The Post-War Judiciary; Conclusion; Appendix; Conclusion: Repression and Legality; Afterword: Through the Looking Glass: Thinking About and Working Through Fascist Criminal Law; Index.