Issues of religious diversity in the workplace have become very topical and have been raised before domestic courts and the European Court of Human Rights. Examining the controversial and constantly evolving position of religion in the workplace, this collection brings together chapters by legal and social science scholars and provides a wealth of information on legal responses across Europe, Turkey and the United States to conflicts between professional and religious obligations involving employees and employers. The contributors examine how case law from the European Court of Human Rights, domestic experiences and comparative analyses can indicate trends and reveal established and innovative approaches. This multi-perspective volume will be relevant for legal practitioners, researchers, academics and policy-makers interested in human rights law, discrimination law, labour law and the intersection of law and religion.

In the post-2001 context of economic and political conflict, this book presents a timely and detailed examination of the role of the criminal law in the protection of the existing order from political dissent and destabilization. It reviews offences such as rebellion, treason, mutiny, espionage, sedition, terrorism, riot and unlawful assembly in the UK, US, Canada and Australia from a comparative perspective and investigates leading cases in their historical and political contexts. Also examining the impact on human rights and civil liberties, this book covers a neglected area of English-derived law and will encourage debate about crimes against states and governments.

The rich field of urban law has thus far lacked a holistic and concerted scholarly focus on comparative and global perspectives. This work offers new inroads into the global and comparative streams within urban law by presenting emerging frameworks and approaches to topics ranging from urban housing and land use to legal informality and consumer financial protection. The volume brings together a group of international urban legal scholars to highlight emergent global, interdisciplinary perspectives within the field of urban law, particularly as they have import for comparative legal analysis. The book presents a timely addition to the literature given the urgent legal issues that continue to surface in an age of rapid urbanization and globalization.

The notion of property in work has deep historical roots in the common law tradition, but is yet to receive the attention it deserves. In this timely and thought-provoking book, Wanjiru Njoya contrasts ideas of ownership and property rights in English, American and European labour law, and considers their practical implications. The author's contention that shared ownership within a stakeholder theory of the firm allows better protection of both shareholders' and employees' interests in the large public corporation, puts employee-participation firmly back on the corporate governance agenda. The book offers a refreshing new perspective on how a more socially desirable balance between economic flexibility and job security may be achieved.

This book critically examines the proper role of the law in protecting job security in the contemporary workplace. It provides a historical, theoretical, practical and comparative perspective on this under-researched, but fundamentally important, legal mechanism at a time when the pressure to deregulate and dilute worker-protective laws has taken on increased importance. The volume critically analyses both statute and case law from three advanced industrialised liberal democracies with a common law foundation, the UK, Australia and the USA, to understand the extent to which job security is realised. By applying a common approach and a conceptual framework that emphasises the complex relationships between law, the economy and society to analyse a series of national studies, the book is also designed to draw upon the insights of comparative analysis to deepen our understanding of the limits and possibilities of legal regulation of job security. The national case studies are supplemented by research that focuses on how supra-national organisations have sought both to develop and disseminate new legal norms around the practices and processes of dismissal. This study critically analyses and assesses the adequacy of the international regulatory framework for protecting the rights of employees in the dismissal process.

This book analyzes the position of the ICC in relation to national court systems. The research illustrates that what seemed to be a straight forward relationship between the ICC and national courts under the complementarity mechanism, proves to be much more complex in practice. Using the referrals of Uganda and Darfur, the book demonstrates ways in which it might be possible to prosecute for crimes currently not prosecuted by the ICC and brings to light possible solutions to overcome the gaps in law and practice in the jurisdictional relation between the ICC and national systems. It will be of value to academics, students and policy-makers working in the area of international law, international organizations, and human rights.

Historically, at English common law, the death penalty was mandatory for the crime of murder and other violent felonies. Over the last three decades, however, many former British colonies have reformed their capital punishment regimes to permit judicial sentencing discretion, including consideration of mitigating factors. Applying a comparative analysis to the law of capital punishment, Novak examines the constitutional jurisprudence and resulting legislative reform in the Caribbean, Sub-Saharan Africa, and South and Southeast Asia, focusing on the rapid retreat of the mandatory death penalty in the Commonwealth over the last thirty years. The coordinated mandatory death penalty challenges - which have had the consequence of greatly reducing the world's death row population - represent a case study of how a small group of lawyers can sponsor human rights litigation that incorporates international human rights law into domestic constitutional jurisprudence, ultimately harmonizing criminal justice regimes across borders. This book is essential reading for anyone interested in the study and development of human rights and capital punishment, as well as those exploring the contours of comparative criminal justice.

This volume provides an essential update on current thinking, practice and research into the use of restorative justice in the area of family violence. It contains contemporary empirical, theoretical and practical perspectives on the use of restorative justice for intimate partner and family violence, including sexual violence and elder abuse. Whilst raising issues relating to the implications of reporting, it provides a fresh look at victims' issues as well as providing accounts of those who have participated in restorative justice processes and who have been victims of abusive relationships. Contributions are included from a wide range of perspectives to provide a balanced approach that is not simply polemic or advocating. Rather, the book genuinely raises the issue for debate, with the advantage of bringing into the open new research which has not been widely published previously. Given its unique experience in the development of restorative justice, the book includes empirical studies relating to New Zealand, contextualized within the global situation by the inclusion of perspectives on practices in the UK, Australia and North America. This book will be key reading for people who work with violent offending of a family nature as well as for those who are interested in the study of family violence.

This book takes bold steps in forming much-needed philosophical foundations for restorative justice through deconstructing and reconstructing various models of thinking. It challenges current debates through the consideration and integration of various disciplines such as law, criminology, philosophy and human rights into restorative justice theory, resulting in the development of new and stimulating arguments. Topics covered include the close relationship and convergence of restorative justice and human rights, some of the challenges of engagement with human rights, the need for the recognition of the teachings of restorative justice at both the theoretical and the applied level, the Aristotelian theory on restorative justice, the role of restorative justice in schools and in police practice and a discussion of the humanistic African philosophy of Ubuntu. With international contributions from various disciplines and through the use of value based research methods, the book deconstructs existing concepts and suggests a new conceptual model for restorative justice. This unique book will be of interest to academics, researchers, policy-makers and practitioners.

This book brings together leading international scholars of law and religion to provide an overview of current issues in State-religion relations. The first part of the collection offers a picture of recent developments in key countries and regions. The second part is focused on Europe and, in particular, on the Nordic States and the post-communist countries where State-religion systems have undergone most profound change. The third and final part is devoted to four issues that are currently debated all over the world: the relations between freedom of expression and freedom of religion; proselytism and the right to change religion; the religious symbols; and the legal status of Islam in Europe and Canada. The work will be a valuable resource for academics, students and policy-makers with an interest in the interaction between law and religion.

Almost two decades ago, the fall of the Santer Commission against a background of allegations of maladministration and nepotism had the effect of placing accountability on the political agenda of the EU institutions. More recently, the non-ratification of the Constitutional Treaty, the difficulties of the ratification of the Lisbon Treaty and the current financial crisis have increased the calls for accountability in the EU. This book investigates whether any progress towards more accountability and transparency has been made in the post-Lisbon era by taking a holistic approach to the subject. Marios Costa argues that currently the EU institutions and the Member States are not in a position to hold the so-called independent agencies as well as the various committees and expert groups accountable. Despite recent progress, the EU still needs to put forward an acceptable constitutional framework which will truly secure accountability at the EU level of governance.

This book examines donor conception and the search for information by donor-conceived people. It details differing regulatory approaches across the globe, including those that provide for 'open-identity' or anonymous donation, or that take a 'dual-track' approach. In doing so, it identifies models regarding the recording and release of information about donors that may assist in the further development of the law, policy and associated practices. Arguments for and against donor anonymity are considered, and specifically critiqued. The study highlights contrasting reasoning and emphasis upon various interests and factors that may underpin secrecy, anonymity or openness. The book will be of value to academics, students and legal practitioners involved with this area. It is also relevant to policy makers, health practitioners and anyone with an interest in the subject.

This book brings together academics and practitioners from a range of disciplines from more than twenty countries to reflect on the growing importance of transparency, power and control in our international community and how these concerns and ideas have been examined, used and interpreted in a range of national and international contexts. Contributors explore these issues from a range of overlapping concerns and perspectives, such as semiotic, sociolinguistic, psychological, philosophical, and visual in diverse socio-political, administrative, institutional, as well as legal contexts. The collection examines the ways in which 'actors' in our society - legislators, politicians, activists, and artists - have provoked public discourses to confront these issues.

Community, home, and identity are concepts that have concerned scholars in a variety of fields for some time. Legal scholars, sociologists, anthropologists, psychologists, and economists, among others, have studied the impacts of home and community on one's identity and how one's identity is manifested in one's home and in one's community. This volume brings together some of the leading thinkers about the connections between community, home and identity. Several chapters address how the law and lawyers contribute (or detract) from the creation and maintenance of community and, in some cases, the conscious destruction of communities. Others examine the protection of individual and group identities through rules related to property title and use of such things as Home and 'identity property'.

This book explores the ways language is used by the professional legal community for the communication of its main business - the negotiation of justice - in today's globalized world. The volume addresses three main aspects of language use in the negotiation of justice. Beginning with the legal contexts of litigation, arbitration and mediation, the book moves on to discuss the main issues identified in those contexts and finally it explores the applications of legal linguistics. These three aspects are studied across the themes of analyses of legal discourse and genres, issues of power and ideology in the use of legal language, cross-cultural legal communication, questions of recontextualization, accessibility and plain language, law and disciplinary identity, and pedagogy of legal language. With chapters set across a variety of jurisdictions, the contributions offer analytical insights into the interface between law and language. The book is a valuable resource for those in the legal community wishing to increase their understanding of the use of language for the negotiation of justice.

Building on knowledge within the fields of green and eco-global criminology, this book uses empirical and theoretical arguments to discuss the multi-dimensional character of eco-global crime. It provides an overview of eco-global crimes and discusses them from a justice perspective. The persistence of animal abuse and speciesism are also examined together with policies aimed at controlling the natural world and plant species. Pollution by large corporations, rights of indigenous peoples and the damage caused by the mineral extraction are also considered. Providing new ideas and insights which will be relevant on a global scale, this book is an interesting and useful study of the exploitation of nature and other species. It will be invaluable for students and scholars globally, working within or connected to the field of green and eco-global criminology. The book will also be important for the participants of various social movements, especially the environmental and animal advocacy movements.

This book examines the international, regional and domestic human rights frameworks that establish victim rights as a central force in law and policy in the twenty-first century. Accessing substantial source material that sets out a normative framework of victim rights, this work argues that despite degrees of convergence, victim rights are interpreted on the domestic level, in accordance with the localised interests of victims and individual states. The transition of the victim from peripheral to central stakeholder of justice is demonstrated across various adversarial, inquisitorial and hybrid systems in an international context. Examining the standing of victims globally, this book provides a comparative analysis of the role of the victim in the International Criminal Court, the ad hoc tribunals leading to the development of the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda, together with the Extraordinary Chambers of the Courts of Cambodia, Special Panels of East Timor (Timor Leste), and the Internationalised Panels in Kosovo. The instruments of the European Parliament and Council of Europe, with the rulings of the European Court of Justice, and the European Court of Human Rights, interpreting the European Convention of Human Rights, are examined. These instruments are further contextualised on the local, domestic level of the inquisitorial systems of Germany and France, and mixed systems of Sweden, Austria and the Netherlands, together with common law systems including, England and Wales, Ireland, Scotland, USA, Australia, Canada, New Zealand, India, South Africa, and the hybrid systems of Japan and Brazil. This book organises the authoritative instruments while advancing debate over the positioning of the victim in law and policy, as influenced by global trends in criminal justice, and will be of great interest to scholars of international law, criminal law, victimology and socio-legal studies.

Organised crime covers a wide range of activities, including drug trafficking, illegal trafficking of people, and fraud. The existence of a land border does not impede these operations; instead in many cases it is used to their advantage. In response, law enforcement strategies must include a transnational, multi-agency approach. This book critically analyses the extent to which Northern Ireland and the Republic of Ireland have been successful in implementing effective action against transnational organised crime. It explores the adoption of key law enforcement strategies and measures in these jurisdictions, and evaluates how regional (EU law) and international (UN Convention) standards have been implemented at the national level. Drawing on interviews with over 90 stakeholders including the Department of Justice Northern Ireland, the Department of Justice and Equality in Ireland, the Police Service of Northern Ireland and An Garda Siochana, Tom Obokata and Brian Payne discuss the factors affecting the effective prevention and suppression of organised crime, particularly in relation to cross-border cooperation. In exploring challenges of transnational crime and cooperation, this book will be of great use to students and researchers in international and transnational criminal law, criminology, and crime prevention.

Utilizing a comparative examination of case-law from England, Canada, the USA, Australia, New Zealand and Ireland, this volume provides a comprehensive and systematic study of the law of intervening causation (novus actus interveniens) to present an analysis of this particular judicial limitation of liability device. The work provides a structure from which to formulate core general legal principles and identify the various legal tests utilized by the courts.

Adopting a multi-disciplinary and comparative approach, this book focuses on the emerging and innovative aspects of attempts to target the accumulated assets of those engaged in criminal and terrorist activity, organized crime and corruption. It examines the 'follow-the-money' approach and explores the nature of criminal, civil and regulatory responses used to attack the financial assets of those engaged in financial crime in order to deter and disrupt future criminal activity as well as terrorism networks. With contributions from leading international academics and practitioners in the fields of law, economics, financial management, criminology, sociology and political science, the book explores law and practice in countries with significant problems and experiences, revealing new insights into these dilemmas. It also discusses the impact of the 'follow-the-money' approach on human rights while also assessing effectiveness. The book will appeal to academics and researchers of financial crime, organized crime and terrorism as well as practitioners in the police, prosecution, financial and taxation agencies, policy-makers and lawyers.

What are the requirements for a just response to criminal wrongdoing? Drawing on comparative and empirical analysis of existing models of global practice, this book offers an approach aimed at restricting the current limitations of criminal justice process and addressing the current deficiencies. Putting restoration squarely alongside other aims of justice responses, the author argues that only when restorative questions are taken into account can institutional responses be truly said to be just. Using the three primary jurisdictions of Australia, New Zealand and Canada, the book presents the leading examples of restorative justice practices incorporated in mainstream criminal justice systems from around the world. In conclusion, the work provides a fresh insight into how today's criminal law might develop in order to bring restoration directly into the mix for tomorrow. This book will be of interest to undergraduates, postgraduate researchers and lecturers, as well as lawyers who work in the field of criminal law, criminologists, social scientists and philosophers interested in ideas of wrongdoing and criminal justice responses to criminal offending.

Combining feminist legal theory with international human rights concepts, this book examines the presence, participation and treatment of children in a variety of contexts. Specifically, through comparing legal developments in the US with legal developments in countries where the views that children are separate from their families and potentially in need of state protection are more widely accepted. The authors address the role of religion in shaping attitudes about parental rights in the US, with particular emphasis upon the fundamentalist belief in natural lines of familial authority. Such beliefs have provoked powerful resistance in the US to human rights approaches that view the child as an independent rights holder and the state as obligated to proved services and protections that are distinctly child-centred. Calling for a rebalancing of relationships within the US family, to become more consistent with emerging human rights norms, this collection contains both theoretical debates about and practical approaches to granting positive rights to children.

What are the various forces influencing the role of the prison in late modern societies? What changes have there been in penality and use of the prison over the past 40 years that have led to the re-valorization of the prison? Using penal culture as a conceptual and theoretical vehicle, and Australia as a case study, this book analyses international developments in penality and imprisonment. Authored by some of Australia's leading penal theorists, the book examines the historical and contemporary influences on the use of the prison, with analyses of colonialism, post colonialism, race, and what they term the 'penal/colonial complex,' in the construction of imprisonment rates and on the development of the phenomenon of hyperincarceration. The authors develop penal culture as an explanatory framework for continuity, change and difference in prisons and the nature of contested penal expansionism. The influence of transformative concepts such as 'risk management', 'the therapeutic prison', and 'preventative detention' are explored as aspects of penal culture. Processes of normalization, transmission and reproduction of penal culture are seen throughout the social realm. Comparative, contemporary and historical in its approach, the book provides a new analysis of penality in the 21st century.

This collection discusses how official legal systems do and should respond to the reality of a plurality of family types and origins within their jurisdictions. It further examines the challenges that arise for practitioners, including lawyers and judges, when faced with such plurality. Focussing on empirical research, the volume presents legal and sociological data of unprecedented comparative depth. It also includes a discussion of how members of minority families respond to the need to organise their legal relationships, and to resolve their disputes in the shadow of official legal systems which differ from those of their familial and communal traditions. The work invites reflection, and demonstrates the urgency and complexity of the questions regarding the search for justice in the field of family life in Europe today.

This book examines an interesting and relatively understudied area of the evolution of the international rule of law and the role of professional ethics. The rule of law has been gradually developed and promoted at the national level over centuries, however at the international level it has only recently received (more in rhetoric than in implementation) support from a macro perspective - developments of international rules and institutions, and from a micro perspective - ethical codes, independence and un-bias of professionals, working in international organizations and tribunals. The book offers analysis and recommends policies to strengthen the rule of law at international level to meet a major global governance demand in ensuring equity, justice, stability and consistency in international affairs.