| 翻訳と辞書 |
| criminal law ： ウィキペディア英語版 |
criminal law
Criminal law or penal law is the body of law that relates to crime. It regulates social conduct and proscribes whatever is threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people. It includes the punishment of people who violate these laws. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation than on punishment.
==History==
The first civilizations generally did not distinguish between civil law and criminal law. The first written codes of law were designed by the Sumerians. Around 2100-2050 BC Ur-Nammu, the Neo-Sumerian king of Ur, enacted the oldest written legal code whose text has been discovered: the ''Code of Ur-Nammu''〔Kramer, Samuel Noah. (1971) ''The Sumerians: Their History, Culture, and Character,'' p.4, University of Chicago ISBN 0-226-45238-7〕 although an earlier code of Urukagina of Lagash ( 2380-2360 BC ) is also known to have existed. Another important early code was the Code Hammurabi, which formed the core of Babylonian law. Only fragments of the early criminal laws of Ancient Greece have survived, e.g. those of Solon and Draco.
In Roman law, Gaius's ''Commentaries on the Twelve Tables'' also conflated the civil and criminal aspects, treating theft (''furtum'') as a tort. Assault and violent robbery were analogized to trespass as to property. Breach of such laws created an obligation of law or ''vinculum juris'' discharged by payment of monetary compensation or damages. The criminal law of imperial Rome is collected in Books 47-48 of the Digest.〔(Criminal Law ). Encyclopædia Britannica Eleventh Edition.〕 After the revival of Roman law in the 12th century, sixth-century Roman classifications and jurisprudence provided the foundations of the distinction between criminal and civil law in European law from then until the present time.〔"Law, Criminal Procedure," ''Dictionary of the Middle Ages: Supplement 1'', New York: Charles Scribner’s Sons-Thompson-Gale, 2004: 309-320〕
The first signs of the modern distinction between crimes and civil matters emerged during the Norman Invasion of England.〔see, Pennington, Kenneth (1993) ''The Prince and the Law, 1200–1600: Sovereignty and Rights in the Western Legal Tradition,'' University of California Press〕 The special notion of criminal penalty, at least concerning Europe, arose in Spanish Late Scolasticism (see Alfonso de Castro), when the theological notion of God's penalty (poena aeterna) that was inflicted solely for a guilty mind, became transfused into canon law first and, finally, to secular criminal law.〔Harald Maihold, ''Strafe für fremde Schuld? Die Systematisierung des Strafbegriffs in der Spanischen Spätscholastik und Naturrechtslehre'', Köln u.a. 2005〕 The development of the state dispensing justice in a court clearly emerged in the eighteenth century when European countries began maintaining police services. From this point, criminal law had formalized the mechanisms for enforcement, which allowed for its development as a discernible entity.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
■ウィキペディアで「criminal law」の詳細全文を読む
スポンサード リンク
| 翻訳と辞書 : 翻訳のためのインターネットリソース |
Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.
|
|