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This article explores a facet of the relationship between trade marks and the criminal law in the UK in the interwar era, a pivotal period of transition in UK economic policy from free trade to a more managed economy. Drawing together insights from legal, business and economic history, we show that, in the interwar years, the context of domestic politics and wider international trade policy, produced a greater focus on the relationship between trade marks and market-place understandings of the national origin of manufactured products. This context included the passage of the Merchandise Marks Act 1926, a criminal law statute that stipulated the circumstances in which imported goods were to be marked with an indication of national origin, and included a criminal offence regulating trade marks enforced by prosecutions brought by the Board of Trade. We argue that the criminal law regulating trade marks became entwined with 'soft' trade policy, i.e. a means of protecting the domestic/Empire market falling short of tariff protection. Drawing on substantial original archival research, we explore the problems that confronted the Board of Trade when it enforced the 1926 Act in view of market realities. [ABSTRACT FROM AUTHOR]

This article explores the under-researched area of fraud in the eighteenth and early nineteenth centuries. Fraud offences rarely feature in criminal law historiography, and where they do, they are positioned as an afterthought to theft and forgery. This article redresses this oversight and presents an in-depth analysis of eighteenth-century jurisprudence around frauds, providing a long-overdue mapping of the most common offences within this diffuse area of law. This article reveals the ways in which fraud offences were situated in the wider criminal law, and how frauds interacted with other property offences. This article maps the contours of the emerging modern offence of fraud, and in doing so makes the case for a rethinking of the significance of the criminal law of fraud and its place in the development of the modern criminal law. Finally, by assessing the ways in which fraud straddled the line between felony and misdemeanour, this article provides a lens through which to better understand eighteenth and early nineteenth century criminal procedure. [ABSTRACT FROM AUTHOR]

The first Criminal Code is always of paramount importance in the life of a nation. Not only because written law, especially criminal law, has been in demand by society from the outset, but also because it is crucial for applying the law, the justice system must also adapt to this. The first Hungarian Criminal Code - the Csemegi Code - met this expectation. The following study focuses on one of the fundamental delicts of property crimes: fraud. We present the questions that the codifier had to answer, then the result of this thinking. Finally, we look at the first amendment to the Csemegi Code, which affected the crime in several respects. The study is based primarily on descriptive, historical and comparative methods, and we try to approach the subject of our study from a theoretical and practical point of view at the same time. [ABSTRACT FROM AUTHOR]

This paper describes the rather neglected role played by committees of the Church of England in rewording and promoting a set of arguments that facilitated the reform of a number of repressive laws in mid-twentieth century England and Wales. It is in part a comment on the manner in which the Church provided a clear-eyed understanding of some of the major moral upheavals of the time, drawing on classic utilitarian principles. It is also a comment on our propensity to lose sight of interesting and influential passages in the history of criminal justice. [ABSTRACT FROM AUTHOR]

Historians have begun to think about the emergence of the early modern 'state' in complex and creative ways, far from the conventional focus on overweening central bureaucracies. One component of this discourse is the role of criminal law and criminal prosecution, which, it has been argued (particularly by English scholars), assisted state-forming processes by providing a universal interface between ruler and ruled, and by demarcating common patterns of behaviour. This paper attempts to apply these ideas to the case of early modern Scotland—whose decentralised legal system and reputation for judicial barbarity has tended to discourage research—through detailed analysis of the judicial activities of the Privy Council. Focusing on the reigns of Charles II and James VII & II, the paper assesses the Council's theoretical competence as a criminal court, and also reconstructs its day-to-day activities in terms of the kinds of cases tried, the varieties of punishment imposed, and the use of alternative mechanisms such as judicial commissions. The paper argues that the Restoration Privy Council was clearly able to utilise its judicial powers as a state-building tool, despite the general diffuseness of judicial authority in Scotland. It is suggested, therefore, that the Scottish data confirms the utility of criminal prosecution in early modern projects of state formation, underlining historians' need to conceptualise the process in broad, multi-faceted terms. [ABSTRACT FROM AUTHOR]

This article explores the meaning of the term 'civil order' by asking what it means to claim that criminal law is only 'intelligible' from the perspective of civil order. In Part II, I examine different possible meanings of the term intelligibility. In Part III, I go on to look at ways of understanding the term 'civil order,' arguing that it must be seen primarily as a historically situated question – that is to say, both the question of what amounts to order, and conceptions of civility, depend on particular historical contexts. I illustrate this point by looking at how order was conceived of as a specific kind of problem in modernity and how this has shaped the understandings of the scope and the function of the criminal law. In Part IV, I look at a neglected dimension of this modern understanding of civil order by looking at the way that the relation between the market and the criminal law – that is to say, between a sphere of social life ordered by contract or civil law and those spheres ordered by criminal law – has been conceived of in modernity. I conclude that this distinction between market and civil society underpins the thinking about the proper scope of the criminal law but that, if we are properly to understand the role of criminal law in securing civil order, it is necessary to reflect not only on the civility of civil order but also on how we understand the scope of civil order in modern society. [ABSTRACT FROM AUTHOR]

Advocating more repressive law and order policies along the slogan 'tough on crime, tough on the causes of crime' in their election manifesto, Tony Blair in the United Kingdom and Gerhard Schröder in Germany were elected in the late 1990s. Once in power, however, only New Labour substantially toughened law and order policies, whereas the German Social Democrats did not change the legal status quo, to a similar extent, during their mandate. This article tackles this puzzle, arguing that the preferences of the ministers and the formal and informal rules shaping the balance of power in government are crucial to understanding why two governments that initially advocated similar policies adopted a rather different policy stance. The results are based on meticulous process tracing and a series of elite interviews concerning two major topics in the realm of law and order during the 1990s: policies directed at sexual offenders, and policies responding to the terrorist attacks of 9/11. [ABSTRACT FROM AUTHOR]

Responding to calls to 'decenter' American penality beyond the carceral apparatus, this article ethnographically examines administrative process and dissects how it interlocks with criminal justice. To do so, it draws on an admittedly unusual, but theoretically generative, case: administrative gun boards, charged with issuing, denying, revoking, and suspending licenses to conceal carry a firearm. While scholars have examined gun ownership and gun carrying as a social practice, less attention has been paid to gun licensing as a state practice. Drawing on observations of over 900 cases from gun board meetings in two counties in Michigan, this paper examines how administrative process mimics, supplements, and facilitates criminal justice through three mechanisms: procedural pains, in which administrative process resembles criminal justice; parallel punishment, in which administrative process supplements criminal justice through withholding of benefits, entitlements or licenses; and valve-turning, in which administrative process funnels, or threatens to funnel, claimants into the criminal justice system. Revealing how administrative process and criminal justice become mutually reinforcing, the findings extend and integrate scholarship that shows the material, symbolic, and psychic implications of criminal justice contact, on the one hand, with the increased tendency of administrative contexts to resemble criminal justice institutions, on the other. [ABSTRACT FROM AUTHOR]

Research on punitive attitudes has, so far, focused largely on people's retributive attitudes toward offenders. However, a large theoretical body of research indicates that concerns about different types of offenses and victims may be just as important in structuring punitive attitudes. Particularly, Moral Foundations Theory suggests that distinct punitive attitudes may be based in intuitive moral concerns ('moral foundations') about offenses that victimize individuals, groups, and the 'divine,' referring to bodily purity or sanctity. In this study, I develop measures of what I term 'victim-centered punitiveness,' and use data from a nationwide survey of adult Americans (N = 915) to compare the sources of offender- and victim-centered punitiveness. As expected, different moral foundations shape offender- and victim-centered punitiveness in different ways, suggesting that they have distinct intuitive, moral bases. Other factors, including racial resentment, also have distinct effects on each type of punitiveness. [ABSTRACT FROM AUTHOR]

Beginning with the influences of Schiller's humanist ideals on Hessian Attorney General Fritz Bauer's expectations of the Frankfurt Auschwitz trial as legal working through of the past, this article compares the Holocaust narrative created by the West German criminal trial to Peter Weiss's reworking of the transcripts Die Ermittlung. Oratorium in 11 Gesängen. The article aims to show that literature is able to convey and commemorate aspects of the Holocaust that German criminal law misrepresents and omits. [ABSTRACT FROM AUTHOR]

Until now falsification of identity under the Old Regime has scarcely been addressed, and only through biographies of famous impostors or studies of the progress of identification, which has meant approaching the subject through individual cases or from the point of view of public authority. This article proposes, on the contrary, to offer as complete a panorama as possible of the falsification of identity, beginning with the reality of the phenomenon, namely, the motivations and methods of the falsifiers. This panorama, which makes it necessary to examine astonishingly varied aspects of social life, is accompanied by two indispensable parts: the first offers a rigorous definition of the falsification of identity; the second analyzes penal legislation in this field. This study shows that it would be an oversimplification to envision the falsification of identity exclusively as a category of crime, more or less nourished by the progress of identification. Through the diversity of its social manifestations, this fraud transcends at once the history of criminality and that of the construction of the state. [ABSTRACT FROM AUTHOR]

This article examines the slow eclipse of the rehabilitative ideal within the Sudanese prison system in the period from independence in 1956 till the removal of the third parliamentary regime in 1989. It contends that Jacfar Numayri's ‘Islamization’ of the criminal and penal system in 1983, which has been interpreted by some as an act of religious revival aiming to replace a series of externally imposed and European laws, cannot be understood purely in cultural terms. It will demonstrate that the Sudanese prison professionals of the post-colonial era pursued rehabilitative ideals with greater enthusiasm than their colonial predecessors. However, they were hampered by the limited resources offered to them by a government that became increasingly less interested in infrastructural social control and more concerned with exercising direct physical violence against both political and non-political transgessors of the state's law. [ABSTRACT FROM PUBLISHER]

The article discusses the reliance of Russia on church practices and religious worldviews in prosecuting criminal offenses committed by lay people in the 18th century. Topics include the 20-year moratorium on the death penalty under Empress Elizabeth's reign in 1741-1761, the murder of Metropolitan Amvrosii, and the role of Empress Catherine II in increasing the application of punishment by penance.

The aim of the paper is to explore the content of the duty of care, which is the most important element of imputation by way of negligence. For this, the paper argues and defends three main ideas: First, these duties of care are constructed by an objective standard, which contradicts a mere psychological negligence that identifies a mental failure in the agent. Second, the notion of care is always inalienable, hence any dogmatic effort to change it by mere cognoscibility of the wrong is insufficient. And, finally, in order to define what the careful conduct according to context is, it is essential to take into consideration the specific knowledge and capacities of the subject, which denies those theories that focus in the knowledge and capacities of an abstract average man. [ABSTRACT FROM AUTHOR]

The article offers information on the conference "Criminal Law and Emotions in European Legal Cultures: From the 16th Century to the Present" organized by scholars Gian Marco Vidor and Laura Kounine, held at the Max Planck Institute for Human Development in Berlin, Germany from May 21-22, 2015. Topics discussed include the history of emotions in law, anger and insult in social norms and legal practice, and child abuse cases in Russia.

This article focuses on a specific aspect of the history of crime: co-offending (offending with one or more accomplices) in a family setting at the end of the nineteenth century. The aims of this article are to analyze how genders interacted in a criminal setting and to show a possible bias in the court's decision to prosecute ‘criminal families’, either in relation to the people involved or to the environment in which the crime was committed. This article also questions the relevance of the concept of the civilizing mission in a court setting towards ‘criminal families’ and compares it with the reality of the court's work. The study is based on the archives of Amsterdam'sArrondissementsgerechtbetween 1897 and 1902. This court was in charge of trying criminal offences committed in Amsterdam and its surrounding area (a semi-urban environment within a 25-kilometre radius) according to the 1886 Dutch code of laws. Urban and semi-urban co-offending criminal rates in Amsterdam and its surrounding area are compared, as well as gender patterns and class origins in relation to the crimes committed, in order to highlight a possible prejudice towards working-class offenders. The analysis reveals a high rate of co-offending in female criminality and more gender interactions in the urban environment. However, the results also show that, despite a general anxiety towards working-class families and rising crime rates, magistrates were not more inclined to prosecute them. The family situation was taken into account before trials, and semi-urban families were not treated more leniently than urban families. [ABSTRACT FROM PUBLISHER]

The article presents a response to the article "Jurisprudence, History, and the Institutional Quality of Life" by Nicola Lacey which appears in the same issue of the journal, and it mentions an inquiry into the relationship between history and legal theory, as well as a historical overview of the legal aspects of criminal responsibility. The views of criminal law theorists are mentioned, along with criminal law history and the legal treatment of suspected witches and animals such as weevils.

On Saturday, September 4, 1610, an urgent message arrived at the criminal court (Zentgericht) of Remlingen from the nearby rural market of Neubrunn: a dangerous criminal by the name of Georg Schmid, alias “Baker Georg,” had been apprehended the previous day, and the officials of the Zentgericht should come and get him. The chief magistrate (Zentgraf) Johann Müller, together with the court clerk and one of the jurors, accordingly rode out to Neubrunn, where the prisoner was handed over, but with the condition, as Müller subsequently reported,that if the prisoner should be released alive, and if he should cause any harm to any members of the community of Neubrunn in either the village [itself] or its fields, that they would in every case seek to recover these [damages] from the Remlingen Zentgericht, and moreover, that if they had reason to believe that the evildoer would [in fact] escape in this way, they would prefer that he die in prison. [ABSTRACT FROM PUBLISHER]

This article analyzes the process of formation of the 1st Italian penal code after the political unification of the country, called Zanardelli code of 1889. An analysis that contextualizes the encoding not only of the chronology of political events, but also, for example, in the Italian criminal law science of the XIX century. A science of criminal law -- known under the name of "classical school" -- characterized by having raised some flags as the abolition of the death penalty, one of the appointed aspects, inclusive, such factor that hindered the legislative unification process in the criminal area. Finally, as an epilogue addresses the criticism of the "positive school" who opposed the liberal tendencies of the newly enacted code. A criminal liberalism, however, is seen in its ambiguity: within a liberal code, for example, hard devices to combat political dissent, and rules extra codicem that mitigated some safeguards enshrined in the code. [ABSTRACT FROM AUTHOR]

This article chronicles the history of criminal law in South West Africa (SWA) from 1915 to 1939, with a focus on the death penalty. The analysis encompasses South Africa's rule of SWA during World War I (WWI) and under the League of Nations Permanent Mandates Commission (PMC). The article secondarily explores the role criminal law played in South Africa's consolidation of control over SWA. It was primarily the diplomatic negotiations after WWI that granted South Africa a mandate over SWA. However, wartime legal reforms and cautious use of the death penalty helped lay the foundation for South Africa's anticipated rule of SWA after WWI. Furthermore, South Africa used its wartime record of criminal administration to convince the allies that it would administer SWA efficiently and humanely if granted a mandate. The PMC's reluctance to intervene in court procedures gave South Africa broad authority to administer the death penalty. However, South Africa did not use executions to suppress opposition to its rule, but to punish interpersonal violence of rape and murder. Judicial ideas about race, age, class, and gender guided execution decisions. Nevertheless, administrative constraints and African resistance prevented the complete consolidation of South African criminal law during the mandatory period. [ABSTRACT FROM PUBLISHER]

This article addresses the legal culture of late imperial Russia as reflected in the work of its highest criminal appeals court, the Criminal Cassation Department. The texts of the decisions rendered by Criminal Cassation, pre-revolutionary Russia's approximate version of the U.S. Supreme Court in criminal law, demonstrate a commitment to legality expressed in a close reading of, and adherence to, statute ( zakon). This zakonnost', in contrast to many of the other vital 'legalities' described in late imperial historiography, was not motivated principally by political, cultural, or social ideology; rather, it was the product of a Westernized, maturing jurisprudence, dedicated to law in itself as a calling and task beyond extralegal considerations, and may be regarded as an example of Richard Wortman's notion of 'Russian legal consciousness' in practice. [ABSTRACT FROM AUTHOR]

The article discusses youth resistance to the National Socialist (Nazi) government in Germany, noting the indictments and punishment of juveniles for high treason by Germany's Volksgerichtshof (People's Court). Topics include the classification of juveniles under German criminal law, factors in decisions regarding violent and nonviolent resistance, and factors influencing the sentencing of juveniles for high treason.

In principle, perpetration-by-means (command responsibility; indirect perpetration), arises from the need for filling gaps in the German criminal law as a consequence of a restrictive view of the concept of perpetrator, so this entity was progressively developed because beyond conceptual and doctrinal directions, it was understood as a legally viable construction for determining criminal responsibility of mediators during the Nazi regime through the theory of indirect responsibility in organized power structures. In this respect, the reference to it within provisions of the Colombian legal system is made through Article 29 of current Criminal Code, since this Code establishes that a perpetrator is that person involved in a criminal conduct by using another person as the instrument. This theory, originally established by Claux Roxin, is applied as a need for approaching issues such as criminal responsibility of several heads of a hierarchical and organized structure for crime perpetration. [ABSTRACT FROM AUTHOR]

INTRODUCCIÓN. I. NORMATIVA CODICIAL. PROCEDIMIENTO PARA LA APLICACIÓN DE LA PENA «AMISSIO STATUS CLERICALIS». EL MOMENTO IMPOSITIVO. EL PROCESO JUDICIAL PENAL. a) Investigación preliminar. b) El desarrollo procesal. Normas generales. c. Disposiciones especiales acerca del promotor de justicia. d. Disposiciones especiales acerca del juez. e) Disposiciones especiales acerca del acusado. II. NORMAS EXTRACODICIALES. A. Competencias de la Congregación para la Doctrina de la Fe. Procedimiento de imposición de la pena de expulsión del estado clerical por algunos de los «delicta graviora» reservados a la CDF. 1. Normas sustanciales. 2. Normas procesales. 3. La Facultas dispensandi de la CDF. 4. Opciones procedimentales de la CDF. Resumen. B. Competencias de la Congregación para el Clero. Carta circular del Prefecto de la Congregación para el Clero de 18 de abril de 2009 sobre los nuevos procedimientos para la dimisión del estado clerical. C. Normas especiales de Estados Unidos. III. LA CONFRONTACIÓN DEL PROCEDIMIENTO JUDICIAL CON LA VÍA ADMINISTRATIVA. A. La «tesis» de la vía judicial. 1. Formulación de la tesis. 2. Valores-criterios a favor de la tesis. a. Derecho a la protección judicial y su relación con el derecho a la defensa. b. La mayor garantía de persecución de la justicia. La identificación integral del acusado mediante el fraccionamiento de la justicia. B. La «antítesis» de la vía administrativa. 1. Formulación de la antítesis. 2. Causas-criterios a favor de la antítesis. a. Discreción, intimidad y escándalo (causae iustae). Imposibilidad moral. b. Ausencia de los tribunales. El realismo eximente de la observancia de lo imposible. IV. «SÍNTESIS»-PROPUESTA. EL SISTEMA COMBINADO. 1. Formulación de la síntesis. 2. Propuestas de concreción de la síntesis. a. Una eventual modificación del c. 1342 § 2 a la luz del modelo del derecho de Fuller con observancias de Chiovenda. b. Reclamo de interpretación auténtica de las causas que justifican el procedimiento administrativo. La duda de Gullo. c. La modernización del c. 1720 en cuanto a las garantías de los derechos fundamentales de los fieles y las exigencias de la justicia. El modelo del c. 1486 de CCEO. CONCLUSIONES. BIBLIOGRAFÍA. ÍNDICE DE LA TESIS DOCTORAL. [ABSTRACT FROM AUTHOR]

During the reign of Alexandru I oan Cuza, in adopting the Civil Code, Criminal Code, Civil Procedure Code and Criminal Procedure Code was created, in general bourgeois legal system, legal framework necessary for the development of the most modern legislation, were introduced rules and legal institutions of the most advanced, Romania is among countries wi th the most modern legislation of the time. On 30 November 1864 was enacted "Criminal Codex" which had as main sources o f the Prussian Penal Code a nd the 1851 French Penal Code in 1810 [1]. [ABSTRACT FROM AUTHOR]

Between 1945 and 2005, nation-states around the world revised their criminal laws on sexual activities. This global reform wave—across countries and domains of sexual activity— followed from the reconstitution of world models of society around individuals rather than corporate bodies. During the post-World War II period, this process rearranged the global cultural and organizational underpinnings of sex, eroding world-level support for criminal laws aimed at protecting collective entities—especially the family and the nation—and strengthening world support for laws aimed at protecting individualized persons. To make our case, we use unique cross-national and longitudinal data on the criminal regulation of rape, adultery, sodomy, and child sexual abuse. The data reveal striking counter-directional trends in sex-law reforms, which simultaneously elaborated regulations protecting individuals and dissolved laws protecting collective entities. World-level negative-binomial regression analyses and country-level event-history analyses confirm our main propositions. The findings demonstrate a sweeping revolution in criminal-sex laws, rooted in the intensified global celebration of free-standing personhood. [ABSTRACT FROM PUBLISHER]

This Article discusses the deterrence of crime through sanctions. It begins with a brief intellectual history of deterrence theory in the work of Cesare Beccaria and Jeremy Bentham, two Enlightenment philosophers who created the conceptual foundation for later deterrence and rational choice theory. Although a prominent intellectual current by the end of the 1700s, interest in deterrence and rational choice based theories of criminal offending was later eclipsed by more biologically and psychologically based explanations. Interest in deterrence theory and the deterrent effect of legal sanctions was not rekindled until the mid-1960s. This Article discusses the particular and important role of the Journal of Criminal Law and Criminology in publishing the works of both those who were highly critical of deterrence theory and those who wished to keep it alive, though vividly aware of the lack of any empirical support for it. This Article discusses the theoretical connections that are presumed by the deterrence process and briefly reviews some important empirical studies pertaining to each of those presumed causal connections. The empirical evidence leads to the conclusion that there is a marginal deterrent effect for legal sanctions, but this conclusion must be swallowed with a hefty dose of caution and skepticism; it is very difficult to state with any precision how strong a deterrent effect the criminal justice system provides. At the very least, there is a great asymmetry between what is expected of the legal system through deterrence and what the system delivers. There is greater confidence that non-legal factors are more effective in securing compliance than legal threats. It is argued that the empirical evidence does support the belief that criminal offenders are rational actors, in that they are responsive to the incentives and disincentives associated with their actions, but that the criminal justice system, because of its delayed imposition of punishment, is not well constructed to exploit this rationality. [ABSTRACT FROM AUTHOR]

Explores the impact of the establishment of factories on the incidence of workplace `theft' in mid- to late-nineteenth-century Yorkshire, England. Effectiveness of criminal laws in minimizing workplace appropriation until the 1850s; Limitations of internal supervisory structures in the factories in controlling employee `theft'; Reinforcement of the use of the criminal code with informal punishments.

Examines the 1826 issues of the penal history of New South Wales (N.S.W.) and the place of convicts in local society. Arguments of `Sydney Gazette' and `Sydney Monitor'; Colonial government's right to take cash from convicts; Relationship between the Britain state and its N.S.W. colony; Problem in administration caused by dual status of convicts abroad.

Presents information on the Indian Penal Code, which was enacted by Great Britain Britain in 1862, and looks at the role played by Thomas Babington Macaulay in its establishment. Comparison of the Indian legal system to the British legal system in the nineteenth century; Information on the Indian legal system prior to codification; Reference to English law reform; Similarity between the English codes and the Indian penal code.

Discusses the need to resolve the contradiction inherent in the late 18th and early 19th century utilitarian jurisprudence in British India by understanding the works of reformist Jeremy Bentham. British project of criminal law in India; Amalgamation of the legal culture existing in India since pre-British times; Utilitarian incorporation of Indian legal tradition.

Explores the origins and implementation of a 1789 statute for the dissection of executed felons in New York. Facets of the New York Anatomy Act; Absence of essential documents for analysis; Deviation between the objective and enforcement of the statute.