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Books > Law > Laws of other jurisdictions & general law > Courts & procedure
A MURDER HE CAN'T FORGET. A CASE ONLY SHE CAN SOLVE. 'OUTSTANDING' IAN RANKIN Amazon Best 100 Books of The Year Barnes & Noble Best Books of The Year Top Ten Best Thrillers of the Year - Washington Post * * * * * Daisy Clayton's killer was never caught. In over ten years, there has been no breakthrough in her murder case. Detective Renee Ballard has faced everything the LAPD's notorious dusk-till-dawn graveyard shift has thrown at her. But, until tonight, she'd never met Harry Bosch - an ex-homicide detective consumed by this case. Soon, she too will become obsessed by the murder of Daisy Clayton. Because Ballard and Bosch both know: every murder tells a story. And Daisy's case file reads like the first chapter in an untold tragedy that is still being written - one that could end with Ballard herself, if she cannot bring the truth to light... * * * * * CRIME DOESN'T GET BETTER THAN CONNELLY. 'One of the world's greatest crime writers' Daily Mail 'Crime thriller writing of the highest order' Guardian 'A terrific writer with pace, style and humanity to spare' The Times 'America's greatest living crime writer' Daily Express 'The pre-eminent detective novelist of his generation' Ian Rankin 'A master' Stephen King 'A genius' Independent on Sunday 'A superb natural storyteller' Lee Child 'One of the great storytellers of crime fiction' Sunday Telegraph 'Justly regarded as one of the world's finest crime writers' Mail On Sunday 'No one writes a better modern thriller than Connelly' Evening Standard
Courts, regulatory tribunals, and international bodies are often seen as a last line of defense for environmental protection. Governmental bodies at the national and provincial level enact and enforce environmental law, and their decisions and actions are the focus of public attention and debate. Court and tribunal decisions may have significant effects on environmental outcomes, corporate practices, and raise questions of how they may best be effectively and efficiently enforced on an ongoing basis.Environment in the Courtroom, Volume II examines major contemporary environmental issues from an environmental law and policy perspective. Expanding and building upon the concepts explored in Environment in the Courtroom, it focuses on issues that have, or potentially could be, the subject of judicial and regulatory tribunal processes and decisions. This comprehensive work brings together leading environmental law and policy specialists to address the protection of the marine environment, issues in Canadian wildlife protection, and the enforcement of greenhouse gas emissions regulation. Drawing on a wide range of viewpoints, Environment in the Courtroom, Volume II asks specific questions about and provides detailed examination of Canada's international climate obligations, carbon pricing, trading and emissions regulations in oil production, agriculture, and international shipping, the protection of marine mammals and the marine environment, Indigenous rights to protect and manage wildlife, and much more. This is an essential book for students, scholars, and practitioners of environmental law.
This rich and rewarding volume collects more than two dozen of the most memorable opening and closing arguments made by top prosecutors and defense attorneys of the last one hundred years. Carefully selected to explore every major aspect and challenge of the legal process, these speeches highlight the tactics and strategies, colorful language, and stirring rhetoric that lawyers use to win judge and jury to their side. With a shrewd eye for courtroom stratagems and a keen understanding of the social currents that shape them, Manhattan assistant district attorney Joel Seidemann introduces and illuminates each speech from an insider's perspective. Arguments from landmark trials are included to reveal the smartest tricks of the trial lawyer's trade and demonstrate the power of an impassioned presentation to tip the scales toward the fulfillment of justice.
Why have many victim-centred policy initiatives met with so little success? How have those initiatives unfolded differently in different global jurisdictions over different periods of time? This book aims to address these questions. Building on a major research project exploring victims' access to justice over time and place, Victims' Access to Justice considers the potentialities for victims' participation in criminal justice systems and in victim programmes both in historical and comparative context. It considers a range of topics: ways of identifying and accommodating victims' needs and senses of justice; the impacts for criminal justice systems of seeking to accommodate these; and the ways in which adversarial criminal justice systems, in particular, may enable or inhibit victim participation. This is essential reading for all those engaged in understanding and working with victims of crime.
Includes chapters from barristers from a diverse range of social backgrounds. Features a foreword from a recently qualified circuit judge. An ideal companion for students beginning to apply for barrister pupillages.
This book explores the challenges of transitional justice in West Africa, specifically how countries in the region have dealt with transitional justice problems in the last 30 years (1990-2020), and how they have managed the process. Using comparative, historical, and legal analyses it examines the politics of justice after violent conflicts in West Africa, the major transitional justice mechanisms established in the region, and how countries have used these institutions to address injustice and the pains of war in some West African countries. The book examines how transitional justice mechanisms have contributed to victims' rights, reconciliation, and peace in transitional societies, and whether transitional justice mechanisms deployed in West Africa were suitable or ill-fitted, and the politics of deploying them. The book is addressed to a wide audience: policymakers, and graduate and post-graduate students of transitional justice, conflict resolution, peace studies, conflict transformation, international criminal law, law and similar subjects. This book will be of great value to academics and researchers, as well as lecturers in tertiary institutions offering relevant courses; legal practitioners; peace practitioners/NGOs; and those working in the field of transitional justice and human rights.
An extensive survey of the pros and cons, evolution, and current issues surrounding one of the hottest topics in today's social debates. Death Penalty on Trial: A Handbook with Cases, Laws, and Documents sifts through the rhetoric, politics, and emotion that characterize one of the most highly discussed, yet least understood issues facing the United States today. Placing the death penalty in a historical perspective with an emphasis on the last 50 years, this case-driven volume explains the legal theory that has perpetuated it and the judicial reasoning, both pro and con, behind such landmark Supreme Court cases as Furman v. Georgia and The United States of America v. Alan Quinones. From the first Massachusetts Bay Colony execution and the inventions of the electric chair and gas chamber to DNA testing of inmates, readers will learn how and why capital punishment continues to be so controversial. Entries on critical events; issues such as race, age, and evidence of innocence; and individuals like Velma Barfield, the first woman executed after the reinstatement of the death penalty Chronology of the most important events in the legal history of capital punishment, including Atkins v. Virginia, a case involving the execution of people with mental disabilities
This work focuses on the EU's participation in the Dispute Settlement Proceedings (DSP) of the WTO for matters of non-conferred competences. The underlying thesis is that the joint membership of the EU and its Member States is fallacious, in that it could cause the EU to become responsible for violations of the WTO regulations on the part of the Member States. Such fallacies are rooted in the blurred nature of the distribution of powers in the EU polity.In order to tackle the issue of international responsibility, the analysis is based on the facts of a real-world case. Based on the tenets of public international law, the law of mixed agreements and the EU constitutional principles, the book puts forward a model for the EU's participation in the DSP, and for the reallocation of burdens to the respective responsible entity. This proposition deconstructs the joint responsibility regime and endorses a solution that could address the issue of responsibility in mixed agreements without a declaration of powers.
This book explores practical examples of co-production in criminal justice research and practice. Through a series of seven case studies, the authors examine what people do when they co-produce knowledge in criminal justice contexts: in prisons and youth detention centres; with criminalised women; from practitioners' perspectives; and with First Nations communities. Co-production holds a promise: that people whose lives are entangled in the criminal justice system can be valued as participants and partners, helping to shape how the system works. But how realistic is it to imagine criminal justice "service users" participating, partnering, and sharing genuine decision-making power with those explicitly holding power over them? Taking a sophisticated yet accessible theoretical approach, the authors consider issues of power, hierarchy, and different ways of knowing to understand the perils and possibilities of co-production under the shadow of "justice". In exploring these complexities, this book brings cautious optimism to co-production partners and project leaders. The book provides a foundational text for scholars and practitioners seeking to apply co-production principles in their research and practice. With stories from Australia, the United Kingdom, and Ireland, the text will appeal to the international community. For students of criminology and social work, the book's critical insights will enhance their work in the field.
First published in 1976, Psychopath is a study of Patrick Mackay who, in 1974 - with a string of muggings and killings behind him - was on trial for murder and was imprisoned in November 1975. John Penycate and Tim Clark - responsible for the controversial BBC Panorama programme on Patrick Mackay's case - here take their investigation further and raise the important question of how the various responsible agencies which came into contact with him failed to see the danger and prevent these needless killings. Mackay passed through five mental institutions as well as approved schools, remand centres and homes. Twice he had been released from Moss Side Special Hospital - the North of England's equivalent to Broadmoor - against the advice of his doctors. Penycate and Clark show that the signs were there for all to see. They give a detailed account of Patrick Mackay's deterioration, from his turbulent childhood, through numerous suicide attempts, acts of violence and spells in mental and penal institutions, to his becoming London's most notorious 'mugger' and a multiple killer, culminating in the final maniacal axing of his friend Father Crean, illustrated here with Mackay's own words. This book will be of interest to students of criminology, psychology, penology, government, and media.
This book argues for a mixed theory of legal punishment that treats both crime reduction and retribution as important aims of the state. A central question in the philosophy of law is why the state's punishment of its own citizens is justified. Traditionally, two theories of punishment have dominated the field: consequentialism and retributivism. According to consequentialism, punishment is justified when it maximizes positive outcomes. According to retributivism, criminals should be punished because they deserve it. This book recognizes the strength of both positions. According to the two-tiered model, the institution of punishment and statutory penalties, as set by the legislature, are justified based on their costs and benefits, in terms of deterrence and rehabilitation. The law exists to preserve the public order. Criminal courts, by contrast, determine who is punished and how much based on what offenders deserve. The courts express the community's collective sense of resentment at being wronged. This book supports the two-tiered model by showing that it accords with our moral intuitions, commonly held (compatibilist) theories of freedom, and assumptions about how the extent of our knowledge affects our obligations. It engages classic and contemporary work in the philosophy of law and explains the theory's advantages over competing approaches from retributivists and other mixed theorists. The book also defends consequentialism against a longstanding objection that the social sciences give us little guidance regarding which policies to adopt. Drawing on recent criminological research, the two-tiered model can help us to address some of our most pressing social issues, including the death penalty, drug policy, and mass incarceration. This book will be of interest to philosophers, legal scholars, policymakers, and social scientists, especially criminologists, economists, and political scientists.
First published in 1974, The American Prison Business studies the lunacies, the delusions, and the bizarre inner workings of the American prison business. From the first demonstration that the penitentiary is an American invention that was initiated by the late eighteenth-century reformers, to the startling revelations, in the chapter called 'Cheaper than Chimpanzees' of how pharmaceutical companies lease prisoners as human guinea-pigs, every page stimulates and surprises the reader as Jessica Mitford describes, inter alia the chemical, surgical and psychiatric techniques used to help 'violent' prisoners to be 'reborn'; why businessmen tend to be more enthusiastic than the prisoners they employ in the 'rent-a-con' plan; and the Special Isolation Diet which tastes like inferior dog food. Jessica Mitford's financial analysis of the prison business is a scoop. Her hard-eyed examination of how parole really works is a revelation. As the prison abolition movement continues to gain momentum, this book will provide food for thought for legislators, officials and students of sociology, law, criminology, penology, and history.
This is the first book that critically examines the reform of the Appellate Body (AB) of the World Trade Organization (WTO) in light of the current crisis resulting from the U.S. blocking of the appointment of its members. The reform of the AB is critical, as the appointment crisis could lead to the demise of "the jewel in the crown," which may even cause the dismantling of the WTO as a whole. This book covers various aspects of the crisis and its reform. Specifically, as the crisis cannot be fully understood without reviewing the role of the AB from the broader perspectives of the other functions of the WTO, the book examines the reform of the AB from the broader perspectives of the WTO governance. Additional focus is on the reform of the AB in relation to its specific functions. Available options are provided to address the AB crisis, as well as discussion of wider implications beyond the WTO. Contributed by world-renowned academics, experts, and practitioners in the field of international economic law, this volume provides a comprehensive analysis of the AB crisis and its solutions.
The Crisis in the American Criminal Courts highlights a variety of problems that judges, prosecutors, and public defenders face within a criminal justice system that is ineffective, unfair, and extraordinarily expensive. While many argue, and I agree, that crushing caseloads and court dockets certainly qualify as a crisis, I suggest there is a much greater crisis in the courts that results in profound downstream effects on criminal justice performance and outcomes. It sounds simple, but the greatest risk faced by the justice system is the lack of time, expertise, and resources for effective decision-making. In this book, I propose a variety of evidence-based reforms that, as a start, provide the key decision-makers with professional clinical experts to accurately assess and advise regarding mitigating the circumstances that bring individuals into the courts. We must rebalance. We need incarceration for those who are too dangerous or violent or who are habitual offenders. For most of the rest, we need to manage risk, but very importantly, it is time to get serious about behavioral change. We need to change the culture of the courthouse and reorient how we think about crime and punishment.
This book seeks to provide and promote a better understanding and a more responsive and inclusive governance of the automation and digital devices in public institutions, particularly the law and justice sector. Concerns related to AI design and use have been exacerbated recently with the recognition of the discriminatory potential that can be embedded into AI applications in public service institutions. This book examines issues relating to the assigning of responsibility in a public service produced and delivered on the basis of an automated mechanism. It encourages critical thinking about the legal services and the justice institutions as they are transformed by AI and automation. It raises awareness as to the prospect of transformation we face in terms of responsibility and of agency and the need to design a citizen-centered and human rights compliant system of technology assessment and AI monitoring and evaluation. The book calls for a comprehensive strategy to enable professional practitioners and decision makers to engage in the design of AI driven legal and justice services. The work draws on on-going research and consulting activities carried out by the author across different countries and different systems in the legal and justice sector. The book offers a critical approach to encourage a new mindset among legal professionals and the justice institutions thus empowering and training them to develop the necessary responsiveness and accountability in the justice sector and legal systems. It will also be of interest to researchers and academics working in the area of AI, Public Law, Human Rights and Criminal Justice.
The book provides a comprehensive and practical overview of arbitration in the People's Republic of China. The process of arbitrating a dispute is described from the perspective of a non-Chinese individual or business. Readers are guided through the typical course of events in an arbitration process. By avoiding both excessive technicality and undue simplification, the book appeals to both law professionals and business managers, and is useful for practitioners and non-experts alike. Recent developments in Chinese law on the matter, up to the first quarter of 2015, has been taken into account in order to provide readers with a pragmatic, up-to-date presentation of the topic. For the same reasons, illustrative reference is made to the Shanghai FTZ Arbitration Rules. The relevant provisions are noted throughout the text; the three appendices at the end of the book allow for easy referencing of the main legislation and regulations. The appendices include English versions of the most important PRC Statutes and Interpretations of Statutes on arbitration, the Arbitration Rules of the main Chinese arbitration institutions and the official Model Arbitration Clauses suggested by those institutions.
Clear and accessible writing style which is concise without oversimplification is ideal for those who are looking for a straightforward, easy-to-follow textbook on the Law of Evidence in England and Wales Contains numerous extracts from cases and judgments framed by author commentary, presenting students with a wide range of legal authority Utilises an innovative suite of pedagogic tools to support learning and develop understanding of the law, preparing students for assessment New chapter on evidence in arbitral tribunals and additional practice tips, as well as full updates to case law throughout.
China's ever-expanding commercial influence has attracted global attention on how its civil and commercial disputes are resolved. This compelling new book, Dispute Resolution in China, offers a detailed examination of the elements in the Chinese legal system and the relevant reforms to the multiplicity of approaches to civil and commercial disputes in China today. This book reveals how civil litigation, commercial arbitration, mediation, and their hybrid dispute resolution have distinctly responded to, reformed, and developed in the context of China's transformational economic growth, societal development, and international interaction in the last two decades. It situates these developments and continued experimentation within a unique hybrid of empirical, contextual, and comparative analytical framework, while paving productive pathways towards the future. This book argues that, rather than being a legal project, China's civil and commercial dispute resolution system is essentially a social development project, which distinguishes the Chinese approach to civil justice reform from contemporary civil justice movements elsewhere. Among the primary methods of dispute resolution, commercial arbitration in China today uniquely transcending the traditional socio-political constraints, its reform has developed in favor of market-oriented considerations and shaped by China's socio-economic dynamics and internationalization needs. By contrast, civil litigation and mediation being more instrumentalist in nature, their reform is socio-politically embedded and continues to prioritize social stability. This book also shines a fresh light on comparative assessments of top-down and bottom-up changes in China's dispute resolution discourse, as well as on how China speaks to international dispute resolution systems. Original and rich in its analysis, this book will be essential reading and invaluable reference tool for scholars with a focus on Chinese law, comparative and international dispute resolution, and on broader legal, institutional, economic, social, political and cultural dimensions of dispute resolution development.
Prisons are everywhere. Yet they are not everywhere alike. How can we explain the differences in cross-national uses of incarceration? The Politics of Punishment explores this question by undertaking a comparative sociological analysis of penal politics and imprisonment in Ireland and Scotland. Using archives and oral history, this book shows that divergences in the uses of imprisonment result from the distinctive features of a nation's political culture: the different political ideas, cultural values and social anxieties that shape prison policymaking. Political culture thus connects large-scale social phenomena to actual carceral outcomes, illuminating the forces that support and perpetuate cross-national penal differences. The work therefore offers a new framework for the comparative study of penality. This is also an important work of sociology and history. By closely tracking how and why the politics of punishment evolved and adapted over time, we also yield rich and compelling new accounts of both Irish and Scottish penal cultures from 1970 to the 1990s. The Politics of Punishment will be essential reading for students and academics interested in the sociology of punishment, comparative penology, criminology, penal policymaking, law and social history.
This book integrates research and theoretical findings from multiple disciplines to present a holistic approach to conflict resolution. It highlights the wide-ranging and compelling relevance of Conflict Resolution Studies by exploring the entire spectrum of applications in interpersonal relationships, family and group functioning, and national and international relations.
In Road Traffic Liability in China: A View from Law and Economics, Yu Yan provides an in-depth analysis of the Chinese road traffic liability system, as well as other alternative accident prevention schemes from a view of law and economics. The analysis refers to the functioning of the system both on paper and in practice. The conclusion shows that the current Chinese traffic liability system can only achieve partial deterrence, and that the problems of under-compensation and insufficient risk-spreading seem to be serious, at least in the economically underdeveloped regions. Based on these findings, Yu Yan suggests specific legislative changes to be taken for the policymakers to improve the system.
This book brings together the expertise of two authors involved in initiating the development of Online Family Dispute Resolution (OFDR), while also examining the unique Australian system. The family arena generally comprises property or child-related disputes arising between parents, whether married or not, and whether the parties have lived together or not. A special feature of Australia's OFDR system is that it deals with children's issues rather than focusing on property distribution. The book first discusses how technological innovations have transformed dispute resolution services to families. It explores the need for OFDR and how such systems can potentially be implemented. In turn, the coverage shifts to screening tools used prior to a Family Dispute Resolution session to ensure that online systems are appropriate for the case under dispute and the people involved. Readers will then learn about the necessary training required - for administrators, practitioners and clients alike - for OFDR to be successful. In addition, the book offers a comprehensive evaluation of the system and reflects on the lessons learned to date. In closing, it suggests ways in which OFDR could be further developed and applied to family disputes around the world.
Justice and Legitimacy in Policing critically analyzes the state of American policing and evaluates proposed solutions to reform/transform the institution, such as implementing body-worn cameras, increasing diversity in police agencies, the problem of crimmigration, limiting qualified immunity, and the abolitionist movement. Considering the changes that have occurred in our sociopolitical climate, policymakers, scholars, and the public are in need of a book that focuses on the American policing institution in a comprehensive yet critical manner. Each chapter is devoted to a specific area of policing that has either received criticism for the problems it may create or has been proposed to effect reform. The chapters are sequenced such that readers are introduced to a spectrum of topics to expand the discourse on changes needed to achieve equitable policing. The book also encourages readers to consider the idea that achieving justice and legitimacy in policing cannot happen as the institution is now formulated, and it invites readers to use the topics discussed in each chapter to envision transformative propositions. Justice and Legitimacy in Policing is intended to engage policymakers and practitioners as well as interested members of the public. The scope of this book also makes it a valuable resource for academics and students.
Justice and Legitimacy in Policing critically analyzes the state of American policing and evaluates proposed solutions to reform/transform the institution, such as implementing body-worn cameras, increasing diversity in police agencies, the problem of crimmigration, limiting qualified immunity, and the abolitionist movement. Considering the changes that have occurred in our sociopolitical climate, policymakers, scholars, and the public are in need of a book that focuses on the American policing institution in a comprehensive yet critical manner. Each chapter is devoted to a specific area of policing that has either received criticism for the problems it may create or has been proposed to effect reform. The chapters are sequenced such that readers are introduced to a spectrum of topics to expand the discourse on changes needed to achieve equitable policing. The book also encourages readers to consider the idea that achieving justice and legitimacy in policing cannot happen as the institution is now formulated, and it invites readers to use the topics discussed in each chapter to envision transformative propositions. Justice and Legitimacy in Policing is intended to engage policymakers and practitioners as well as interested members of the public. The scope of this book also makes it a valuable resource for academics and students.
1. While there has been growing research on the topic of immigration detention in the UK, this is the first to exclusively explore the experiences of women. The focus on experiences of detention, release and removal makes for a particularly broad subject. 2. Courses on penology and punishment are popular, even core components of a Criminology degree. This book offers much needed supplementary reading on a modern form of punishment, in the form of immigration detention. |
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