Aniceto Masferrer – författare

This book explores counter-terrorism measures from an original and strongly comparative perspective and delivers an important resource for scholars of terrorism laws, strategies, and politics, as well as human rights and comparative lawyers.

Contributors: M.L. Anglí, S. Bronitt, B. Dickson, S. Donkin, F. Galli, J.-M.L. Gorostiza, S. Hufnagel, A. Masferrer, M.C. Meliá, J. Moran, A. Petzsche, A. Staniforth, C. Walker, S. Wallerstein, D.P.J. Walsh

Cementing a solid theoretical grounding for the discipline, legal historians and comparatists place this subject at the forefront of legal science. Comprehensive in coverage, this handbook collates theory and method for comparative legal history, as well as discussing international legal sources and judicial and civil institutions. Particular attention is paid to custom and codification, contracts, civil procedure and ownership. By assessing the evolution of law across European, Asian, African and American environments from the pre-modern era to the nineteenth century, the chapters provide stimulating and enlightening cases of legal history through a comparative lens.

A centrepiece for this field of scholarship, this research handbook will be an essential resource for scholars interested in comparative law, legal theory and legal history, from both legal and social science backgrounds.

Contributors: S.P. Donlan, S. Drescher, M. Dyson, P. Finkelman, D. Freda, A. Giuliani, J.-L. Halpérin, D. Heirbaut, E. Kadens, M.S.-H. Kim, A. Masferrer, D. Michalsen, K.Å. Modéer, O. Moréteau, J.A. Obarrio, A. Parise, H. Pihlajamäki, W. Swain, A. Taitslin, C.H. van Rhee, J. Vanderlinden

This book discusses the relation between morality and politics, and morality and law, a field that has been studied for more than two thousand years The law is a part of human culture, and this touches upon a dynamic reality that is connected to the relation between nature and freedom, nature and culture. If such relations are not clearly understood, as is the case today, the relation between morality and law cannot be properly comprehended either. The relationship between morality and criminal law must constantly evolve to meet the needs of changing times and circumstances. Social changes and new situations require new answers. And since the relationship involves criminal law, legal philosophy and legal history, interdisciplinary approaches are always needed. Featuring fifteen original contributions by legal scholars from various European and American universities, the book does not pretend to solve the complexity of the relation between morality and criminal law, but instead expresses criticism, offers some proposals and stimulates further thought. The book tackles the topic from an interdisciplinary perspective (criminal law, constitutional law, legal philosophy and legal history, among others). As such, it appeals not only to scholars and students, but also to lawyers, policymakers, historians, theologians, philosophers and general readers who are interested in the legal, social, political and philosophical issues of our time.

This volume is devoted to exploring a subject which,on the surface, might appear to be just a trending topic. In fact, it is muchmore than a trend. It relates to an ancient, permanent issue which directlyconnects with people’s life and basic needs: the recognition and protection ofindividuals’ dignity, in particular the inherent worthiness of the mostvulnerable human beings. The content of this book is described well enough byits title: ‘Human Dignity of theVulnerable in the Age of Rights’. Certainly, we do not claim that only thehuman dignity of vulnerable people should be recognized and protected. Werather argue that, since vulnerability is part of the human condition, humanvulnerability is not at odds with human dignity. To put it simply, humandignity is compatible with vulnerability.

A concept of human dignity which discards or deniesthe dignity of the vulnerable and weak is at odds with the real humancondition. Even those individuals who might seem more skilled and talented arefragile, vulnerable and limited. We need to realize that human condition is notlimitless. It is crucial to re-discover a sense of moderation regardingourselves, a sense of reality concerning our own nature. Some lines of thoughttake the opposite view. It is sometimes argued that humankind is – or is calledto be – powerful, and that the time will come when there will be novulnerability, no fragility, no limits at all. Human beings will become likeGod (or what believers might think God to be). This perspective rejects humanvulnerability as in intrinsic evil. Those who are frail or weak, who are notautonomous or not able to care for themselves,do not possess dignity. In this volume it is claimed that vulnerability is aninherent part of human condition, and because human dignity belongs to allindividuals, laws are called to recognize and protect the rights of all ofthem, particularly of those who might appear to be more vulnerable and fragile.

This volume addresses an important historiographical gap by assessing the respective contributions of tradition and foreign influences to the 19th century codification of criminal law. More specifically, it focuses on the extent of French influence – among others – in European and American civil law jurisdictions. In this regard, the book seeks to dispel a number of myths concerning the French model’s actual influence on European and Latin American criminal codes. 

The impact of the Napoleonic criminal code on other jurisdictions was real, but the scope and extent of its influence were significantly less than has sometimes been claimed. The overemphasis on French influence on other civil law jurisdictions is partly due to a fundamental assumption that modern criminal codes constituted a break with the past. The question as to whether they truly broke with the past or were merely a degree of reform touches on a difficult issue, namely, the dichotomy between tradition and foreign influences in the codification of criminal law. Scholarship has unfairly ignored this important subject, an oversight that this book remedies.