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Criminal law --- Constitutional law --- Effectiveness and validity of law --- Validity and effectiveness of law --- International law --- Jurisprudence --- Criminal law - European Union countries --- Constitutional law - European Union countries --- Effectiveness and validity of law - European Union countries

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Criminal law is one of the most rapidly changing areas of contemporary EU law and integration. The Treaty of Lisbon has elevated it to a central place in the constitution of the EU, within the dynamic area of freedom, security and justice. The phenomenon of EU criminal law as such is however far from new but has developed on an ad hoc basis, not least as a result of the case law of the European Court of Justice. Central to the Court's reasoning in this area has been the principle of effectiveness. A main theme running through the book is therefore the role of the axiom of effectiveness, which is critically examined, with particular attention to its use by the European Ccurt of Justice in recent leading cases. This book explores the constitutional principles underlying it, both those determining the substantive values it embodies, and those determining its scope and extent. Other chapters consider the phenomenon of preventative criminalisation at EU level and the protection of subsidiarity and proportionality in EU criminal law. The balance between effective EU action, proper control of competence and adequate protection of individual rights is of growing importance as EU criminal law expands, but, as this book suggests, has not yet been fully articulated or entrenched by the institutions of the EU

Criminal law --- Constitutional law --- Effectiveness and validity of law --- Validity and effectiveness of law --- International law --- Jurisprudence

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"The need to replace force with law is central to a Kantian theory of war. In such a theory the only ground for using force is the prevention of wrongful force. War is barbaric and wrongful. A key theme in Kantian political and legal philosophy is every individual's right to independence, which can only be secured through a legitimate state, which in turn is obliged to repudiate war and pursue peace. Yet the Kantian project of achieving perpetual peace among states seems (at best) an unfulfilled hope. The wider category of global justice does not fare much better, at least according to most theorists. The modern state is often portrayed as a major obstacle to both peace and global justice. Kantian theories are distinctive insofar as they try to carve out a relatively hopeful role for the state in international affairs, though one that is grounded in an analysis of the state's nature rather than being driven by completely abstract moral considerations. Modern states' authority claims and their exercise of power and sovereignty span a spectrum from the most stringently and explicitly codified- the constitutional level- to the most fluid and turbulent- acts of war. Inter alia, that suggests a specific connection between constitutionalism and just war theory, as both concern the justifiability of state action vis- à- vis individuals as well as states. This book aims to explore that connection through the lens of the relationship between law and (just) war theory from a Kantian perspective. The various contributions in this book investigate both extremes of the spectrum: national and transnational constitutionalism and acts of war, and their relationship. The key questions considered- directly or indirectly- by all the contributors are the following: what, if any, are the normatively salient differences between states' internal coercion and the external use of force? Is it possible to isolate the constitutional level from other aspects of the state's coercive reach? How could that be done while at the same time guaranteeing a robust conception of human rights and adherence to the rule of law? Likewise, is war an extension of political practice or an alternative to it? New forms and technologies of warfare raise further fundamental questions about due process, individual responsibility, fairness, and broader questions pertaining to justice and the responsibility to protect. From a constitutional perspective, questions concern the justification for state action, the human rights framework, and the question of judicial review and proportionality reasoning in "emergency" contexts. The purpose of the book is to combine political theory on war, philosophy of law, criminal law theory, and constitutionalism scholarship in order to provide a new platform for understanding the contemporary law of war through a Kantian prism"--

War (International law) --- Just war doctrine. --- Constitutional law --- Philosophy. --- Kant, Immanuel, --- Jus ad bellum --- War --- War (Philosophy) --- Hostilities --- International law --- Neutrality --- Moral and ethical aspects --- Religious aspects --- Kant, Immanuel --- Kant, I. --- Kānt, ʻAmmānūʼīl, --- Kant, Immanouel, --- Kant, Immanuil, --- Kʻantʻŭ, --- Kant, --- Kant, Emmanuel, --- Ḳanṭ, ʻImanuʼel, --- Kant, E., --- Kant, Emanuel, --- Cantơ, I., --- Kant, Emanuele, --- Kant, Im. --- קאנט --- קאנט, א. --- קאנט, עמנואל --- קאנט, עמנואל, --- קאנט, ע. --- קנט --- קנט, עמנואל --- קנט, עמנואל, --- كانت ، ايمانوئل --- كنت، إمانويل، --- カントイマニユエル, --- Kangde, --- 康德, --- Kanṭ, Īmānwīl, --- كانط، إيمانويل --- Kant, Manuel, --- Just war doctrine

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The overarching objective of the volume is to discuss and critique the legal regulation of human trafficking in national and transnational context. Specifically, discussion is needed not only with regard to the historical and philosophical points of departure for any criminalization of trafficking, but regarding the societal and social framework, the empirical dimension such as existing statistics in the area, and the need for more data. This work combines descriptive and normative analyses of the crime of trafficking in human beings from a cross-legal perspective. Notwithstanding the enhanced interest for human trafficking in politics, the public, and the media, a critical perspective such as the one pursued herewith has so far been largely absent. On this background, this approach allows for theoretical findings to be addressed by pointing out and elaborating different, interdisciplinary conflicts and inconsistencies (in the regulation) of human trafficking. By giving "shape" to the phenomenon, not least as it comes to life in the legal regulation, the editors and contributors can critically discuss it from various angles.

Human trafficking --- Criminal law --- Law and legislation. --- Human trafficking - Law and legislation