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Nullum Crimen, Nulla Poena Sine Praevia Lege Poenali
''Nulla poena sine lege'' (Latin for "no penalty without law", Anglicized pronunciation: ) is a legal formula which, in its narrow interpretation, states that one can only be punished for doing something if a penalty for this behavior is fixed in criminal law. As some laws are unwritten (e.g. in oral law or customary law) and laws can be interpreted broadly, it does not necessarily mean that an action will not be punished simply because a specific rule against it is not codified. The variant ''nullum crimen sine lege'' ("no crime without law") establishes that conduct is not criminal if not found among the behavior/circumstance combinations of a statute. The other interpretations of the formula include the rules prohibiting retroactive criminalization and prescribing laws to be strictly construed. Despite the use of Latin language and brocard-like appearance, the formula was mostly born in 18th century liberalism (some elements of non-retroactivity of laws and limiting the pu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Latin Language
Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area around Rome, Italy. Through the expansion of the Roman Republic, it became the dominant language in the Italian Peninsula and subsequently throughout the Roman Empire. It has greatly influenced many languages, Latin influence in English, including English, having contributed List of Latin words with English derivatives, many words to the English lexicon, particularly after the Christianity in Anglo-Saxon England, Christianization of the Anglo-Saxons and the Norman Conquest. Latin Root (linguistics), roots appear frequently in the technical vocabulary used by fields such as theology, List of Latin and Greek words commonly used in systematic names, the sciences, List of medical roots, suffixes and prefixes, medicine, and List of Latin legal terms ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mainland Europe
Continental Europe or mainland Europe is the contiguous mainland of Europe, excluding its surrounding islands. It can also be referred to ambiguously as the European continent, – which can conversely mean the whole of Europe – and, by some, simply as the Continent. When Eurasia is regarded as a single continent, Europe is treated both as a continent and subcontinent. Usage The continental territory of the historical Carolingian Empire was one of the many old cultural concepts used for mainland Europe. This was consciously invoked in the 1950s as one of the basis for the prospective European integration (see also multi-speed Europe) The most common definition of mainland Europe excludes these continental islands: the Greek islands, Cyprus, Malta, Sicily, Sardinia, Corsica, the Balearic Islands, Great Britain and Ireland and surrounding islands, Novaya Zemlya and the Nordic archipelago, as well as nearby oceanic islands, including the Canary Islands, Madeira, the Azo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scholasticism
Scholasticism was a medieval European philosophical movement or methodology that was the predominant education in Europe from about 1100 to 1700. It is known for employing logically precise analyses and reconciling classical philosophy and Catholic Christianity. The Scholastics, also known as Schoolmen, utilized dialectical reasoning predicated upon Aristotelianism and the categories (Aristotle), Ten Categories. Scholasticism emerged within the monastic schools that translated medieval Judeo-Islamic philosophies (800–1400), Judeo-Islamic philosophies, and "rediscovered" the Corpus Aristotelicum, collected works of Aristotle. Endeavoring to harmonize Aristotle's metaphysics (Aristotle), metaphysics and Latin Catholic theology, these monastic schools became the basis of the earliest European medieval university, medieval universities, and thus became the bedrock for the development of History of science, modern science and Western philosophy, philosophy in the Western world. T ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Homicide Act 1957
The Homicide Act 1957 ( 5 & 6 Eliz. 2. c. 11) is an Act of the Parliament of the United Kingdom. It was enacted as a partial reform of the common law offence of murder in English law by abolishing the doctrine of constructive malice (except in limited circumstances), reforming the partial defence of provocation, and by introducing the partial defences of diminished responsibility and suicide pact. It further restricted the use of the death penalty for murder to particular enumerated circumstances, under the rubrique of capital murder. Similar provisions to Part I of this Act was enacted for Northern Ireland by Part II of the Criminal Justice Act (Northern Ireland) 1966. The Act was highly controversial as a hodgepodge partial abolition, which categorically deemed all murder by firearm or during theft, for instance, punishable by death, whereas murder via poison or during rape would not. Dissatisfaction from both abolitionists and proponents of capital punishment was a key f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law Offence
Common law offences are crimes under English criminal law, the related criminal law of some Commonwealth countries, and under some U.S. state laws. They are offences under the common law, developed entirely by the law courts, having no specific basis in statute. Australia Under the criminal law of Australia the Criminal Code Act 1995 (Commonwealth) abolished all common law offences at the federal level.History of Australian Criminal Law Parliament of Australia Library The , the |
Murder
Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse committed with the necessary Intention (criminal law), intention as defined by the law in a specific jurisdiction (area), jurisdiction. ("The killing of another person without justification or excuse, especially the crime of killing a person with malice aforethought or with recklessness manifesting extreme indifference to the value of human life.") This state of mind may, depending upon the jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of Malice (law), ''malice'',This is "malice" in a technical legal sense, not the more usual English sense denoting an emotional state. See malice (law). such as in the case of voluntary manslaughter brought about by reasonable Provocation (legal), provocation, or diminished capacity. Involuntary manslaughter, ''Invol ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Criminal Law
English criminal law concerns offences, their prevention and the consequences, in England and Wales. Criminal conduct is considered to be a wrong against the whole of a community, rather than just the private individuals affected. The state, in addition to certain international organisations, has responsibility for crime prevention, for bringing the culprits to justice, and for dealing with convicted offenders. The police, the criminal courts and prisons are all publicly funded services, though the main focus of criminal law concerns the role of the courts, how they apply criminal statutes and common law, and why some forms of behaviour are considered criminal. The fundamentals of a crime are a guilty act (or ''actus reus'') and a guilty mental state (or ''mens rea''). The traditional view is that moral culpability requires that a defendant should have recognised or intended that they were acting wrongly, although in modern regulation a large number of offences relating to ro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Law (legal System)
Civil law is a legal system rooted in the Roman Empire and was comprehensively codified and disseminated starting in the 19th century, most notably with France's Napoleonic Code (1804) and Germany's (1900). Unlike common law systems, which rely heavily on judicial precedent, civil law systems are characterized by their reliance on legal codes that function as the primary source of law. Today, civil law is the world's most common legal system, practiced in about 150 countries. The civil law system is often contrasted with the common law system, which originated in medieval England. Whereas the civil law takes the form of legal codes, the common law comes from uncodified case law that arises as a result of judicial decisions, recognising prior court decisions as legally binding precedent. Historically, a civil law is the group of legal ideas and systems ultimately derived from the '' Corpus Juris Civilis'', but heavily overlain by Napoleonic, Germanic, canonical, feuda ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Analogy
Analogy is a comparison or correspondence between two things (or two groups of things) because of a third element that they are considered to share. In logic, it is an inference or an argument from one particular to another particular, as opposed to deduction, induction, and abduction. It is also used where at least one of the premises, or the conclusion, is general rather than particular in nature. It has the general form ''A is to B as C is to D''. In a broader sense, analogical reasoning is a cognitive process of transferring some information or meaning of a particular subject (the analog, or source) onto another (the target); and also the linguistic expression corresponding to such a process. The term analogy can also refer to the relation between the source and the target themselves, which is often (though not always) a similarity, as in the biological notion of analogy. Analogy plays a significant role in human thought processes. It has been argued that analogy li ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of The European Union
European Union law is a system of Supranational union, supranational Law, laws operating within the 27 member states of the European Union (EU). It has grown over time since the 1952 founding of the European Coal and Steel Community, to promote peace, social justice, a social market economy with full employment, and environmental protection. The Treaties of the European Union agreed to by member states form its constitutional structure. EU law is interpreted by, and EU case law is created by, the judicial branch, known collectively as the Court of Justice of the European Union. Legal Act of the European Union, Legal Acts of the EU are created by a variety of European Union legislative procedure, EU legislative procedures involving the popularly elected European Parliament, the Council of the European Union (which represents member governments), the European Commission (a cabinet which is elected jointly by the Council and Parliament) and sometimes the European Council (composed o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Court Of Justice
The European Court of Justice (ECJ), officially the Court of Justice (), is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Union, it is tasked with interpreting EU law and ensuring its uniform application across all EU member states under Article 263 of the Treaty of the Functioning of the European Union (TFEU). The Court was established in 1952, and is based in Luxembourg. It is composed of one judge per Member State – currently – although it normally hears cases in panels of three, five or fifteen judges. The Court has been led by president Koen Lenaerts since 2015. The ECJ is the highest court of the European Union in matters of Union law, but not national law. It is not possible to appeal against the decisions of national courts in the ECJ, but rather national courts refer questions of EU law to the ECJ. However, it is ultimately for the national court to apply the resulting interpre ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
