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Legality on Trial

By Balazs Jozsef Geller

Legality on Trial

By Balazs Jozsef Geller

0 - Default Title
Description
This work tries to find the principles which might govern cases where justice collides with legality as traditionally understood, and offer a new understanding of the legality principle applicable to substantive criminal law. The preconception on which this study rests is that there is a common core to every legal system which – if rightly defined - can assist in the understanding of a legal institution. The idea that such a precondition exists receives support through every case and authority examined, and it is hoped that it will eventually be, if not proven in this work, at least powerfully boosted as an involuntary result of the discussion herein. This study is not intended to be a work employing the comparative method, and therefore when speaking of a particular legal problem not every aspect of it is examined in every jurisdiction. It is a theoretical undertaking and arguments and examples are selected on the basis of their relevance to the argument as a whole. It is acknowledged that this may raise the suspicion of arbitrariness as far as the presentation of supporting authorities is concerned. But it is also hoped that the inclusion of some major works into the cited sources from the legal systems under discussion will erase any such doubts.
Product details
Number of Pages:
301
Publication Date:
2012
Publisher:
Eötvös University Press
ISBN10:
9633120853
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