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Excuse --- Droit pénal
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Les propositions de loi du 24 septembre 2019 et du 12 février 2020 prévoient une réforme, longtemps réclamée, du régime de la légitime défense. Elle prévoit de consacrer légalement la pratique jurisprudentielle en matière de légitime défense et de créer l’excès de légitime défense comme nouvelle cause d’excuse atténuante générale. La présente contribution vise à effectuer une analyse critique de droit comparé de cette réforme au regard des droits français, néerlandais et allemand.
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"A number of Western states and institutions have sought to come to terms with their relationships to non-Western states and peoples. Powerful actors and institutions are apologizing to the relatively powerless. What do these apologies mean? Are they an indication of a new international order, either politically or as they relate to international law? Or are these apologies fleeting and insignificant? In The Age of Apology twenty-two law, politics, and human rights scholars explore the legal, political, social, historical, moral, religious, and anthropological aspects of Western apologies in an attempt to answer these questions. Conversely, a nonapology might be as important to study, and several chapters discuss the absence or refusal of apology and how this might be interpreted."--Publisher description. "In a turnabout of the cynical belief that might makes right, nations now see fit to issue apologies to peoples and countries they have wronged. We live in an age that seeks to establish political truth, perhaps best exemplified by the creation of truth commissions in societies seeking to emerge from dictatorial pasts. The most noteworthy result of these efforts has been the near-universal realization that a society will not be able successfully to pass into the future until it somehow deals with the horrors of its past.
Apologizing --- Civilisation occidentale --- Civilization, Western --- Commissions vérité et réconciliation. --- Dekolonisatie. --- Entschuldigung. --- Excuses (Regret) --- Excuses (Regret). --- Historisch besef. --- Indigenes Volk. --- Internationale Politik. --- Internationales Recht. --- Juridische aspecten. --- Kolonialismus. --- Menschenrechtsverletzung. --- Politieke aspecten. --- Politische Ethik. --- Reparationen. --- Reparations for historical injustices. --- Réparations des crimes de l'histoire. --- Sociale aspecten. --- Truth commissions. --- Vergangenheitsbewältigung. --- Verontschuldiging. --- Versöhnung. --- Verzeihung. --- Wahrheitskommission. --- Wiedergutmachung. --- atrocités --- commission vérité et réconciliation --- dommage --- Political aspects. --- Historiographie. --- Historiography. --- Aspect politique. --- Excuse --- Occident --- Politique --- Réparation --- Droit humanitaire --- Injustice --- Nichtwestliche Welt. --- Westliche Welt.
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A superb introduction to the ethical aspects of war and peace, this collection of tightly integrated essays explores the reasons for waging war and for fighting with restraint as formulated in a diversity of ethical traditions, religious and secular. Beginning with the classic debate between political realism and natural law, this book seeks to expand the conversation by bringing in the voices of Judaism, Islam, Christian pacifism, and contemporary feminism. In so doing, it addresses a set of questions: How do the adherents to each viewpoint understand the ideas of war and peace? What attitudes toward war and peace are reflected in these understandings? What grounds for war, if any, are recognized within each perspective? What constraints apply to the conduct of war? Can these constraints be set aside in situations of extremity? Each contributor responds to this set of questions on behalf of the ethical perspective he or she is presenting. The concluding chapters compare and contrast the perspectives presented without seeking to adjudicate their differences. Because of its inclusive, objective, comparative, and dialogic approach, the book serves as a valuable resource for scholars, journalists, policymakers, and anyone else who wants to acquire a better understanding of the range of moral viewpoints that shape current discussion of war and peace. In addition to the editor, the contributors are Joseph Boyle, Michael G. Cartwright, Jean Bethke Elshtain, John Finnis, Sohail H. Hashmi, Theodore J. Koontz, David R. Mapel, Jeff McMahan, Richard B. Miller, Aviezer Ravitzky, Bassam Tibi, Sarah Tobias, and Michael Walzer.
War --- Peace --- Religious aspects --- Moral and ethical aspects --- 241.65*4 --- -Peace --- -War --- -Armed conflict (War) --- Conflict, Armed (War) --- Fighting --- Hostilities --- Wars --- International relations --- Military art and science --- Coexistence, Peaceful --- Peaceful coexistence --- Disarmament --- Peace-building --- Security, International --- Theologische ethiek: oorlog vrede atoomwapens pacifisme --- -Congresses --- -Comparative studies --- Congresses. --- Comparative studies --- -Theologische ethiek: oorlog vrede atoomwapens pacifisme --- 241.65*4 Theologische ethiek: oorlog vrede atoomwapens pacifisme --- -241.65*4 Theologische ethiek: oorlog vrede atoomwapens pacifisme --- Armed conflict (War) --- 241.65*4 Theologische ethiek: oorlog; vrede; atoomwapens; pacifisme --- Theologische ethiek: oorlog; vrede; atoomwapens; pacifisme --- Moral and ethical aspects&delete& --- Congresses --- Religious aspects&delete& --- Comparative studies&delete& --- Political philosophy. Social philosophy --- General ethics --- Polemology --- Théologie morale. --- Guerre. --- Paix. --- Guerre juste. --- Islamic fundamentalism. --- Moderate Realism. --- Osgood, Robert. --- Weak Realism. --- Women’s Peace Party. --- abolitionism: defined. --- aggression: in Islam. --- benevolence (feminism). --- civil disobedience (natural law tradition). --- conformism, Islamic. --- defensive wars (Judaism). --- double-effect doctrine. --- dualism, ethical. --- ethical thought, comparative. --- ethics of care (feminism). --- excuse, necessity as. --- fairness (natural law tradition). --- good life (realism). --- human action, natural law tradition. --- innocence, material. --- justice, radical feminism. --- liberalism, feminism in. --- loyalty: in realism. --- moral necessity. --- moral norms (Aquinas). --- necessity of realism. --- partiality. --- patriotic realism. --- preemptive war (realism). --- reasonable hope of success. --- repression (realism). --- restraint (Judaism). --- siege law (Judaism). --- symbolisms of evil. --- theodicy. --- violence (Judaism). --- War - Religious aspects - Congresses --- War - Moral and ethical aspects - Congresses --- Peace - Religious aspects - Congresses --- Peace - Moral and ethical aspects - Congresses
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The complicated relationship between defendants with mental health disorders and the criminal justice system The American criminal justice system is based on the bedrock principles of fairness and justice for all. In striving to ensure that all criminal defendants are treated equally under the law, it endeavors to handle similar cases in similar fashion, attempting to apply rules and procedures even-handedly regardless of a defendant’s social class, race, ethnicity, or gender. Yet, the criminal justice system has also recognized exceptions when special circumstances underlie a defendant’s behavior or are likely to skew the defendant’s trial. One of the most controversial set of exceptions –often poorly articulated and inconsistently applied – involves criminal defendants with a mental disorder. A series of special rules and procedures has evolved over the centuries, often without fanfare and even today with little systematic examination, that lawyers and judges apply to cases involving defendants with a mental disorder. This book provides an analysis of the key issues in this dynamic interplay between individuals with a mental disorder and the criminal justice system. The volume identifies the various stages of criminal justice proceedings when the mental status of a defendant may be relevant, associated legal and policy issues, the history and evolution of these issues, and how they are currently resolved. To assist this exploration, the text also offers an overview of mental disorders, their relevance to criminal proceedings, how forensic mental health assessments are conducted and employed during these proceedings, and their application to competency and responsibility determinations. In sum, this book provides an important resource for students and scholars with an interest in mental health, law, and criminal justice.
Forensic psychiatry --- Mentally ill offenders --- Insanity defense --- Insanity (Law) --- Legal status, laws, etc. --- American Law Institute Model Penal Code test. --- Boston Marathon Bombing. --- Clark v. Arizona. --- Colorado v. Connelly. --- Cooper v. Oklahoma. --- Drope v. Missouri. --- Durham rule. --- Dusky v. United States. --- Elizabeth Smart Kidnapping. --- Foucha v. Louisiana. --- Gabrielle Giffords Shooting. --- Godinez v. Moran. --- Indiana v. Edwards. --- Jackson v. Indiana. --- Jones v. United States. --- Long Island Rail Road Shooter. --- Medina v. California. --- Miranda rights. --- Miranda v. Arizona. --- Montana v. Egelhoff. --- Pate v. Robinson. --- Sandy Hook Elementary School Shooter. --- Sell v. United States. --- The Unabomber. --- Virginia Tech Shooter. --- abolition of the insanity defense. --- absence at trial. --- actus reus. --- amnesia. --- antisocial personality disorder. --- assessing malingering. --- automatic commitment. --- battered spouse/child defense. --- bipolar disorders. --- bona fide doubt. --- broken window approach. --- burden of proof. --- categorical incompetence. --- clear and convincing evidence. --- clinical mental health evaluations and treatment. --- competence to confess. --- competence to plead guilty. --- competence to represent oneself. --- competence to testify. --- competence to waive the right to an attorney. --- competency to stand trial. --- conditional release and release revocations. --- consult with assist attorney. --- correctional facility evaluations. --- correctional facility placements. --- criminal justice system alternatives. --- criminal justice system. --- criminal proceedings. --- criminal trial proceedings. --- crisis intervention teams. --- de facto mental health care system. --- deific decree defense. --- demeanor at trial. --- depressive disorders. --- dissociative disorders. --- evaluation locations. --- evaluator qualifications. --- fair and just trials. --- federal test. --- forensic mental health assessment process. --- forensic mental health assessments. --- forensic mental health evaluations. --- functional test. --- guilty but mentally ill verdict. --- history of irrational behaviour. --- impact of medication. --- impact of mental disorders. --- incompetent to stand trial. --- indefinite length of stay. --- indicators of malingering. --- initial evaluation request. --- insanity acquittee post-trial dispositions. --- insanity defense myths. --- insanity defense. --- irresistible impulse test. --- judicial hearings. --- justification versus excuse. --- law enforcement discretion. --- malingering. --- mental disorder myths. --- mental disorders and criminal behavior. --- mental disorders and violence. --- mental health courts. --- neurocognitive disorders. --- nonadversarial team approach. --- obsessive-compulsive disorders. --- obtaining experts for indigent defendant. --- outpatient community treatment. --- personality disorders. --- present mental capacity. --- presumption of incompetence. --- psychiatric facility placements. --- psychodynamic models. --- psychotic disorders. --- reporting requirements. --- right to a jury. --- risk assessments. --- scope of expert’s assistance. --- second evaluations. --- shifting/raising burden of proof. --- sleep-walking defense. --- standard of proof. --- standards for establishing competence. --- sua sponte. --- the insanity defense and variations. --- therapeutic jurisprudence. --- trauma and stressor-related disorders. --- treatment over objection.
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