Judgments Of Love In Criminal Justice

This volume is a new chapter in the future history of law. Its general perspective could not be more original and its critical ethical edge on the state of international law could not be timelier. It explores a compassionate philosophical approach to the genuine substance of law, criminal procedure, international criminal law and international criminal justice. It divides law into three interrelated disciplines, i.e. legality, morality and love. The norm love is derived from human reason for man’s advancement and the securing of natural law. It is more than a mere mandatory norm. Its goal is to generate a normative and positive, powerful result, therefore avoiding any impurity that may exist in the application of other norms because of political or juridical pressures - a one-eyed justice. The norm love also renders justice with the principles of legal accountability, transparency and the high moral, authentic values of humanity. The notion of justice cannot be trusted in the absence of the norm love. The volume indicates the conditions of its efficiency by proving the reasons for its existence in the context of fairness, objectivity and concern for all individuals and entities. The concept of the norm love should be the core academic corpus for lecturing law in all faculties of law. It is simply the enlightenment of the 21st century. A lawyer with requisite knowledge and skill is not a lawyer if he cannot understand that the law does not need a lawyer with ethical competence in its provisions for income purposes but one with knowledge of its essence for the advanced morality of justice and the sheer essence of love for justice.

This pioneering scholarly oeuvre evaluates the major comparative philosophy of Islamic international criminal justice. It represents an in-depth analysis of the necessities of creating an Islamic international criminal court, its possible jurisdiction, proceedings, judgments, and sanctions. It implies a court functioning under the legal personality of the International Criminal Court, with comparative international criminal lawyers with basic knowledge of Shariah contributing to the prevention of crimes and impunity at an international level. The morality and philosophy of Islamic justice are highly relevant with reference to the atrocities committed explicitly or implicitly under the pretext of Islamic rules by superiors, groups and governments. The volume focuses on substantive criminal law and three methods of the criminal procedure, namely the inquisitorial, adversarial, and adquisitorial. The first two constitute the corpus juris of civil and common law systems. The third term presents a hybrid of the first two methods. The intention is to enhance the scope of each method of the criminal procedure comprehensively. The volume examines their variations and effects on a shared system of international criminal justice. The inherence of comparable norms in the foundation of Islamic and international criminal law affirms their efficiency in the implementation of the essence of the complementarity principle. This book will appeal to readers who are interested in comparative criminal law, international criminal justice, and Shariah criminal law. It is recommended for course literature.

This book addresses the idea of justice in order to guide society towards a more effective justice system. The authors trace impoverished and accomplished thinking in criminological and justice discourses and show that when justice and love are seen as synonyms, the historic ills that have plagued humanity tend to evaporate.

This book explores, from various perspectives, Kant’s codex of the categorical imperative and the supreme principle of morality in juxtaposition with the monopolisation of the rules of international criminal law. Kant’s reference to the term ‘propensity to evil in human nature’ is a much more serious iniquity universally in the nature of the Security Council than the concepts of a mens rea and actus reus in criminal law. His decisive warning foreshadows that the inclinations towards self-interest, self-love, and intent in collective mens rea within the resolutions of the Security Council prevent states from striving towards the supreme maxim of a genuine international moral worth. The idea of international criminal law is, thus, viewed as a ‘mirage’. Essentially, certain rules of the United Nations Charter, the system of international criminal justice, human rights law, and humanitarian law, like a fata morgana, are crucial if unattainable. The permanent members of the Security Council are deceiving the world by propagating a variety of excuses with the core objective of economic gain. This book will be of interest to anyone enthusiastic about positive law, the nature of criminal justice, classical moral philosophy, politics, and economics.

The De Amore of Andreas Capellanus (André the Chaplain), composed in France in the 1180s, is celebrated as the first comprehensive discussion of theory of courtly love. The book is believed to have been intended to portray conditions at Queen Eleanor of Aquitaine's court at Poitiers between 1170 and 1174, and written the request of her daughter, Countess Marie of Troyes. As such, it is important for its connections to themes of contemporary Latin lyric, in troubadour poetry and in the French romances of Chrétien de Troyes. Thereafter its influence spread throughout Western Europe, so that the treatise is of fundamental importance for students of medieval and renaissance English, French, Italian and Spanish. In this comprehensive edition, P.G. Walsh includes Trojel's Latin text with his own facing English translation with explanatory notes, commentary and indexes, along with introduction which sets the treatise in its contemporary context and assesses its purpose and importance.

Available in ebook and as print on demand via RedShelf The criminal justice system in America does not work, and, from the perspective of current criminological thought, no ideas exist for how to truly fix it. The fault lies not with criminology as a discourse, but with us as individuals. We must, together, address three fundamental questions regarding our capacity and willingness to make a justice system of which we would be proud to pass off to our children. Specifically, we must decide (1) whether or not we are permanently saddled with a hobbling justice system; (2) if we are not inextricably bound to brokenness, whether we are brave enough to strike out for the undiscovered country; and (3) if we have the ability to embrace love despite the vulnerability it imposes. Specifically, each of us must find within ourselves the capacity to bravely love, without qualification, ourselves, each other, and our world. The purpose of this work is to discover what justice would look like were it predicated on love. Sacred sources, including Christianity, Islam, Buddhism, and Hinduism, along with the thought of scholars like Erich Fromm, Karl Marx, Simone Weil, and Paolo Freire, are examined in detail for insights into the nature of love. Space is devoted to an attempt to understand why American justice practice is so broken despite the noble work of so many. The last two chapters offer both a criminology of love and a sketch of a criminal justice system predicated on love.

In a culture obsessed with law, judgment, and violence, this book challenges Christians to remember that Jesus urged his followers to judge no one, bring harm upon no one, and follow no law save the law of altruistic love. It traces Christian history first to show that Christians of an earlier age took very seriously the gospel injunctions against punitive legal judgment and then how the advent of formal legal codes and philosophical dualism undermined that perspective to create a division between a private Christian spirituality and a public morality of order and legally sanctioned violence. This historical approach is accompanied by an argument that the recovery of a Christian ethic based upon unconditional love and forgiveness cannot be accomplished without the renewal of a Christian spirituality that mirrors the contemplative spirituality of Jesus.

Noted Attorney and Seminary Graduate Matthew T. Martens Answers the Question: Does the Design and Operation of the American Criminal Justice System Reflect Christian Love of Neighbor? Jesus told his followers that the entirety of the Old Testament's law is encapsulated in the commands to love God and to love their neighbors as themselves. In Reforming Criminal Justice: A Christian Proposal, Matthew T. Martens argues that love of neighbor must be the animating force for true reformation of the criminal justice system, obligating us to seek the best for both the criminally victimized and the criminally accused. Using his theological training Martens reveals how Scripture provides several guideposts (accuracy, due process, accountability, impartiality, and proportionality) for loving our neighbors as it relates to criminal justice. Then, drawing on his near quarter century practicing criminal law, he examines how America's justice system falls short of the biblical standard. By understanding how our current system operates and considering how love of neighbor relates to issues of crime and justice, we will be better equipped to seek true Christian reform of the justice system. A Biblical Perspective on Criminal Justice: Offers a biblical framework for thinking about the concept of justice for both the victim and the perpetrator Examines the History of the American Criminal Justice System: Surveys the evolution of the criminal justice system in the United States with a focus on its misuse from the time of the Civil War to the civil rights movement Assesses the Criminal Justice System: Examines the operation of the American justice system today, including plea bargains, assistance of counsel, the death penalty, and more Foreword by Derwin L. Gray: Pastor of Transformation Church in Indian Land, South Carolina, and the author of How to Heal Our Racial Divide and Building a Multiethnic Church