DIFFERENT EXPRESSIONS OF THERAPEUTIC JURISPRUDENCE IN THE SPANISH CRIMINAL PROSECUTION

The postulates of what is known as Therapeutic Jurisprudence seek to guide to a more humane, reinvigorating and resocializingjustice, and in the Spanish Legal System we can find different manifestations of itself. This paper aims to examine some of the manifestations of Therapeutic Jurisprudence in the Spanish criminal prosecution： adults and minors criminal mediation, the plea bargaining of the criminal offender and the attenuated pre-trial custody.     

Divide and Pacify

This paper explores the process of Europeanisation of party politics by examining the regulation of political parties by supranational European organisations. Despite the increased relevance of the regulation of the activity, behaviour, organisation and finances of political parties in European democracies, the supranational dimensions of this phenomenon have hitherto received relatively little systematic scholarly attention. This paper adopts an interdisciplinary perspective, combining approaches from the Europeanisation literature with legal theory and party scholarship. For the purpose of this paper, the rulings and regulations of the European Union, the various organs of the Council of Europe, and the European Court of Human Rights are analysed. The paper highlights the horizontal and vertical patterns of norm creation and diffusion and demonstrates that, despite a certain convergence of European standards, conceptions of democracy and corresponding regulatory paradigms have not become so similar as to be virtually indistinguishable from one another.     

Empirical analysis of civil litigation determinants: The Case of Spain

This paper analyses the determinants of civil litigation in Spain drawing on the Law and Economics approach. Using a panel data for 50 Spanish provinces, this study makes a first exploratory approach to empirically investigate the effect of the 2000 Civil Procedural Law Reform on the demand for civil justice over the period 1995–2010, controlling for other determinants of litigation such as the economic growth, the expansion of the Bar, the number of judges, and other socio-demographic characteristics. According to the results, the growing number of civil cases filed in Spain in recent years seems to be a consequence of the combination of the law reform, relevant socio-economic factors, and most importantly the economic recession.