Doctrine

About: Doctrine is a research topic. Over the lifetime, 21901 publications have been published within this topic receiving 204282 citations.

Criminal Law: Theory and Doctrine

Abstract: This revised and up-to-date edition combines theoretical precision and depth with an authoritative exposition of the law. Following the pattern established by the first edition, the analysis is complemented by extensive citations of case law and articles. Scholars, in particular, should benefit from the extensive theoretical discussion, the relevance of which transcends national boundaries. Where necessary new sections have been added to take account of significant new developments.

Three Conceptual Problems with the Doctrine of Joint Criminal Enterprise

Abstract: This article dissects the Tadic court's argument for finding the doctrine of joint criminal enterprise in the ICTY Statute. The key arguments are identified and each are found to be either problematic or insufficient to deduce the doctrine from the statute: the object and purpose of the statute to punish major war criminals, the inherently collective nature of war crimes and genocide and the conviction of war criminals for joint enterprises in World War II cases. The author criticizes this over-reliance on international case law and the insufficient attention to the language of criminal statutes when interpreting conspiracy doctrines. The result of these mistakes is a doctrine of joint criminal enterprise that fails to offer a sufficiently nuanced treatment of intentionality, foreseeability and culpability. Specifically, the doctrine in its current form suffers from three conceptual deficiencies: (1) the mistaken attribution of criminal liability for contributors who do not intend to further the criminal purpose of the enterprise, (2) the imposition of criminal liability for the foreseeable acts of one's co-conspirators and (3) the mistaken claim that all members of a joint enterprise are equally culpable for the actions of its members. The author concludes by briefly suggesting amendments to the Rome Statute to rectify these deficiencies.

Humanitarian Intervention: Is There a Need for a Legal Reappraisal?

Abstract: The breakdown of Yugoslavia and the ensuing war has called into question many formerly uncontested principles of international law. Perhaps the most far-reaching challenge to the traditional international law doctrine was brought about by the NATO intervention in Kosovo. Many authors cite this event as a proof that a new right to humanitarian intervention is evolving or has already come into being. The aim of this article is to show that conventional positions have been abandoned far too easily in this context. Not only is this change of position unwarranted on legal grounds but it is also counterproductive on the factual level. Despite all its shortcomings the prohibition of the use of force may constitute in the end a better protection for the weak than its abandonment prompted by an over-enthusiastic belief in the virtues of the intervenor.

Foundations of natural right : according to the principles of the Wissenschaftslehre

Abstract: Introduction Chronology Further reading Translator's note Part I. Foundations of Natural Right, According to the Principles of the Wissenschaftslehre: 1. Introduction 2. First main division: deduction of the concept of right 3. Second main division: deduction of the applicability of the concept of right 4. Third main division: systematic application of the concept of right or the doctrine of right Part II. Part II, Or Applied Natural Right: 5. First section of the doctrine of political right: concerning the civil contract 6. Second section of the doctrine of political right: on civil legislation 7. Third section of the doctrine of political right: on the constitution Outline of family right (first appendix to the doctrine of natural right) Outline of the right of nations and cosmopolitan right (second appendix to the doctrine of natural right) Index.