Search

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]

One of the obvious challenges for the reborn Polish state after regaining independence was the pursuit of uniformity within the judiciary, including military criminal law. The road to success was not an easy one and it depended to a large extent on the effect of the works on the codification of common criminal law. The fate of the two great codes of 1932 was therefore intertwined, especially in respect to a soldier’s criminal liability for a common crime. The aim of the present article is to portray the legal regulations concerning this issue which were in force during the Second Polish Republic period from an evolutionary perspective. The objective scope and formal conditions of issuing an order in official matters in relation to soldiers as well as the rules concerning responsibility related to its issuing and execution were subjected to analysis. Particular emphasis was placed on the principle of individualization of guilt, which was dynamically developing at that time. For this purpose, the regulations of military legislation were compared with some institutions of common criminal law, such as incitement, aiding, and – to a lesser extent – irresistible compulsion. [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]

Copyright of Revista de Historia del Derecho is the property of Instituto de Investigaciones de Historia del Derecho and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Studia z Zakresu Nauk Prawnoustrojowych. Miscellanea is the property of Kujawy & Pomorze University in Bydgoszcz and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The main purpose of this paper is to demonstrate the relativeness of the concept of judicial truth in order to highlight its inherent limitations. The historical approach, which we will be developing, opens some reflections about the place of the mens rea in our legal system and leads us to criticize the presupposed objectivity of judgments. How could we, indeed, still evoke the remanence of the legal truth when the truth seems unknowable ? When the mens rea, which is, as we know, a large part of the incrimination, remains subject to questions about its content ? In so doing, the magistrate is in a difficult situation : he has to judge without understanding every single part of the elements that make up the infraction altogether. However, much as the concept of judicial truth, it is a necessity, which responds to the same requirements to legitimate a court decision.

Customary Criminal Code (1295) is the first substantial code in Iranian criminal law developments . This Code is ratified 38 years after Counte Code (1258) . Its importance is that it makes the substructures of its post criminal codes. This Code is very important due to new division of crimes, penalties and explanations of Counte Code which was unprecedented. These regulations show Iranian criminal law developments and Iranian legal social culture in 100 years ago. Many of current criminal law organizations go back to even pre-constitutional period. In Naseri period, French Penal Code (1810) , and some of Ottoman regulations were translated, but they were not ratified by Naserredin Shah. These laws and regulations were accepted by Nosratodoleh. This article examines ratification of Customary Criminal Code and then analyzes typology of crimes and penalties. Key Words: Customary Criminal Code، Firooz Mirza Nosratodoleh، Criminal Law Developments، Crimes and Penalties Typology، Organizationology

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]

The authors of the penal code of 1932 modelled their reaction measures on the best contemporary standards. The system of criminal response was based on a double-track model, in German called zwei Spuren, in Italian - doppio binario, in which, along with penalties, there were also preventive measures. This system grew out of certain political and criminal assumptions of the sociological school, expressed most fully in the works of Franz von Liszt. Return in contemporary law, to the wide use of preventive measures, post and pre-penal, forces us to return to the sources and to critically examine the assumptions of the indicated approach, including the idea of an incorrigible criminal who should be isolated, not in relation to what he did, but because of who he is. Tracing the history of regulations, in particular their practical application should be a lesson for modern lawmakers. [ABSTRACT FROM AUTHOR]

Copyright of Cuadernos de Historia del Derecho is the property of Universidad Complutense de Madrid and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

When does a punishment for crime cross from being a legitimate goal of the state to a dignity taking? From the Norman Conquest until the middle of the eighteenth-century, the Common Law provided that in addition to execution, the property of convicted felons or traitors was forfeited to the crown and their blood corrupted so that their heirs could not inherit. I argue this is a clear instance of dignity takings. The colonists who traveled to Massachusetts Bay wanted a fresh start and so sought to create a model society based on Biblical law. Using around 6,000 criminal cases from 1630 to 1683 this paper argues that a different form of dignity takings ensued. The use of "scarlet letters," pillorying, whipping, and other public punishment were all designed to single out unworthy members of the com munity. I push Atuahene's concept of dignity takings by expanding the idea of a dignity taking to include not only the destruction of real or personal property but also the destruction of peoples' actual bodies. [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]

Ioan Tanoviceanu (January 18th, 1858 - April 8, 1917), criminal law and criminal proceedings law professor at the Iaşi University (1890-1900) and the Bucharest University (1901-1917), corresponding member of the Romanian Academy (1897), member of the Chamber of Deputies, attorney-at-law, etc. is considered to be the founder of Romanian criminal sciences (criminal law, criminal proceedings law, judiciary statistics, criminology). His Course of Criminal Law (two volumes, 1912) and Course of Criminal Proceedings Law (one volume, 1913) stand as the first academic works that systemically exhibit the criminal field in the Romanian criminal law doctrine, in cohesion with the great juridical ideas of the times. Abandoning the classical school of criminal law, but proving precaution in the perception of the thesis of the positivistic school, Tanoviceanu found himself on an intermediary position, bearing important personal accents. Brought up-to-date with case law and new regulations by his disciples (V. Dongoroz, C. Chiseliţă, St. Laday, and E. Decusară), the three volumes have been turned into a Treatise of Criminal and Criminal Proceedings Law published in 1924, in five volumes. [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 purpose of this study is to examine the main reasons of attention for granduke Pietro Leopoldo in the age of the Risorgimento. The fundamental themes concerned the constitutional model, the agricultural reforms, the municipal reforms, the religious reforms, the criminal laws. Even the affinity with the Napoleonic regime aroused the attention of liberal and democratic thought. They were especially interested the moderates who, in 1829, wanted to celebrate Pietro Leopoldo with a monument in Pisa. The attention revived in 1847, when those great themes returned topical even though it was a clear need for a more modern view and for an Italian vision of the State. After 1849, Pietro Leopoldo was the touchstone of reactionary involution of Leopoldo II. Pietro Leopoldo's agricultural reforms were considered not too perfect, but his personality was always crucial and was remembered in the Italian Parliament, in 1871, during debate on the reform of the codes. [ABSTRACT FROM AUTHOR]

Copyright of Annales: Histoire, Sciences Sociales is the property of Cambridge University Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

La prostitución ha sido una conducta permitida por el derecho histórico español hasta el siglo XVII. Esta práctica suponía un importante negocio económico que fue aprovechado fundamentalmente por los poderes públicos municipales. Pero en el año 1623, el rey Felipe IV prohibió toda forma de prostitución, decretando el cierre de las mancebías públicas. Este artículo pretende buscar las causas que determinaron dicha prohibición y el radical cambio de tendencia en el derecho penal respecto a la persecución de esta conducta.

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.

Copyright of Derecho Penal y Criminologia is the property of Universidad Externado de Colombia, Departamento de Derecho Penal y Criminologia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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]

The article explores two prospective fields within the burgeoning history of crime: the various responses of early modern legal systems in Europe to violent political crimes such as assassination and regicide and their representation in popular print media, notably in illustrated broadsheets and pamphlets. The early modern era can be characterised as an incubation period of ‘modern’ political crime with regard to its phenomenology and its manifestations as well as concerning the conceptualisation in penal law and the actual practice of criminal justice. The case study of assassination attempts and their representation in illustrated broadsheets demonstrates that the developments of political crime, legal responses and popular print are strongly interconnected and created the modern narrative and image of political crime, which evolved from a national issue to a transnational European discourse. Hence, public punishment and popular print media constituted an integral part of the legal responses to political violence and dissidence by communicating the states interpretation of political crime, the damnatio memoriae and obliteration of the perpetrator and his motivation as well the appropriate just legal responses of the legal authorities. [ABSTRACT FROM AUTHOR]

Popular notions of what it means to be put on trial invariably generate thoughts of the adversarial criminal trial, most often before a judge and jury. However, the criminal trial as the site for the testing of evidence of wrongdoing via a model of proof that proceeds according to prescribed processes in a normative institutional milieu is in decline. Controversially, this decline has been met with resistance from the legal profession, academics, policy makers and other stakeholders seeking to preserve the due process model that defines the criminal trial as an adversarial exchange between state and defendant. While the due process model continues to dominate as popular conceptualisation, the twenty-first century criminal trial has changed to such an extent that it is no longer seen as the quintessential form for the meting out of procedural fairness and testing of state's evidence, that emerged toward the end of the seventeenth century. Rather, the rise of control orders, modifications to the law of evidence, and the right of the accused to confront their accuser, together with the inclusion of non-traditional agents of justice, specifically victims and the community, has brought forward an era of substantive and procedural justice that lies beyond the normative constraints of the criminal trial. Robed counsel and bewigged judges beware; the advent of substantive and procedural justice has allowed for greater innovation transgressing the orthodoxies of criminal law in common law systems of justice. This paper will consider the virtues of the introduction of a transgressive criminal procedure. [ABSTRACT FROM AUTHOR]

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]