Behavioral economic analysis of law is about bringing recent research about behavior and choice together with classical law and economics. In this essay we assess its relevance for the theory of optimal law enforcement. It is our view that criminal law is an area where behavioral analysis has a role to play. Notwithstanding the results so far provided by the behavioral approach are somehow disa...

In this commentary, I explore two questions raised by Angelotta and Appelbaum's study. First, I offer an English legal perspective on the protection of children from their mothers, looking at both civil (family) and criminal law. Second, I discuss the idealization of motherhood that is implied by the prosecution of pregnant women; the denigration of those who fail this ideal; and the way that i...

the principle of equality of arms means that each party in an action shall present her claim in an environment so that this does not put him in a worse condition compared to the other party of the trial. this principle has been internationally and locally embraced by authorities. from the perspective of international documents, the acceptance of this principle is partly influenced by the accept...

The mother lode of criminal responsibility scholarship is a unitary theory of criminal excuses, that is, a persuasive normative account of why the criminal law adjudges actors to be blameless despite their having engaged in prohibited conduct. The law’s other criminal defenses do not readily lend themselves to unitary normative accounts or, if they do, they rest on normative accounts that are s...

Background: One of the goals of criminal policymakers in applying criminal responses is to rehabilitate the offender to avoid repeating his crime. Postponement of sentencing is an institution that can achieve their goals in reforming criminals, and has entered into the Iranian penal system under some French law. The main purpose of this article is to explain the institution of deferral in Irani...