This book carries out a comprehensive analysis of the Maria Luz incident, a truly significant episode in Japanese and world history, from a legal perspective. In July 1872, the Maria Luz, a barque flying the Peruvian flag, carried Chinese indentured servants from Macau to Peru. After the ship stopped for repairs in Kanagawa Bay, a number of legal issues arose that were destined to change the perception and use of the law in Japan forever. The case had a tremendous impact on the collective imagination, both Japanese and international: it is one of the first occurrences in which an Asian country decided to resist the pressure of a Western nation, and responded using the most refined tools of domestic and international law. Moreover, the final outcome of the case (arbitration in front of the Czar of Russia) marks the debut of Japan on the stage of international arbitration. While historians have written widely on the subject, the legal importance of this event has been relatively neglected. This book uses the case to explore the technical legal issues Japan was facing in its transition from pre-modernity to modernity. These include unequal treaties, extraterritoriality clauses, the need to establish an updated judicial system, and a delicate balance between asserting sovereignty and resorting to diplomacy in solving disputes involving foreigners. Based on original documents, this book is an invaluable resource for researchers and academics in the fields of legal history, dispute resolution, international law, Japanese history and Asian studies.

Communication in Forensic Contexts provides in-depth coverage of the complex area of communication in forensic situations. Drawing on expertise from forensic psychology, linguistics and law enforcement worldwide, the text bridges the gap between these fields in a definitive guide to best practice. * Offers best practice for understanding and improving communication in forensic contexts, including interviewing of victims, witnesses and suspects, discourse in courtrooms, and discourse via interpreters * Bridges the knowledge gaps between forensic psychology, forensic linguistics and law enforcement, with chapters written by teams bringing together expertise from each field * Published in collaboration with the International Investigative Interviewing Research Group, dedicated to furthering evidence-based practice and practice-based research amongst researchers and practitioners * International, cross-disciplinary team includes contributors from North America, Europe and Asia Pacific, and from psychology, linguistics and forensic practice

This book provides a unique empirical study of criminal trials in China. Western observers such as the media, politicians and the legal scholars alike, have rarely had the exposure to the vast majority of the ordinary criminal trials in China. A number of legal reforms have been implemented in Chinese criminal courts in recent years, but there has been little research on whether these reforms have been effective. This book fills that gap, by unveiling the day-to-day reality of criminal cases tried by the lowest level courts in China. The data used in this study include hundreds of criminal trial observations, complete criminal case dossiers, and a comprehensive questionnaire survey of criminal justice practitioners from one large province located in China's Southeast coast. These data were collected over a two-year period, with a generous research grant from the John D. and Catherine T. MacArthur Foundation, by scholars already working in the Chinese legal system. The work opens with a historical framework of the Chinese criminal justice system, both Western and Chinese interpretations, and an overview of the current state of the system. It will provide unique analysis of how criminal trials are being carried out in China, with a useful context for scholars with varying levels of familiarity with the current system. The research framework for gathering data discussed in this book will also provide a useful basis for studying the criminal justice system in other regions.

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 collection marks the 150th anniversary of the Technology and Construction Court by presenting insights into its history and impact. The contributors are current and retired senior judges, renowned academics and leading construction and technology lawyers. The book draws on their different perspectives and approaches to showcase different aspects of the Official Referees and the TCC from its origins in the Judicature Act 1873 through to its modern-day role as an international leader in dispute resolution through litigation, arbitration and adjudication. Different essays consider the role of the TCC in procedural reform and the digital transformation of dispute resolution, building safety, and how it has impacted on doctrinal English law. The book also explores the lives and impact of notable Official Referees and TCC judges from the senior judiciary's perspective, with contributions by Lord Dyson on the transition from the Official Referees to the TCC, Sir Rupert Jackson on the Housing Grants, Construction and Regeneration Act 1996, Dame Finola O'Farrell on the TCC today, Sir Peter Coulson on Sir Brett Cloutman QC (a Senior Referee who was awarded a Victoria Cross) and Her Honour Frances Kirkham on the court's role in the regions. The creation of a specialist dispute resolution forum for complicated engineering, construction and technological disputes is a foundational milestone in the legal history of construction law in England and Wales. This collection offers a unique insight from the judiciary, practising lawyers and academics into the significance and development of the court.

This excellent research review contains the very best studies that take an economic approach to the study of judicial behaviour. The authors hail from the disciplines of business, economics, history, law, and political science, and the topics they cover are equally varied. Subjects include the judges' motivations, judicial independence, precedent, judging on collegial courts and in the hierarchy of justice and the relationship between judges and the other government actors.

This book examines the origins of the controversial practice of plea bargaining, a procedure that appears to reward the guilty. Contrary to popular perception of plea bargaining as an innovation or corruption of the post-World War II years, this study shows that the practice emerged early in the American Republic. It argues that plea bargaining should be seen as part of a larger repertoire of techniques in the Anglo-American legal tradition through which law might be used as a vehicle of rule.

This book focuses on product design which is evolving conceptually and practically with advances in technology. Product design is no longer solely about product stylization and decoration, but rather about providing a holistic product experience for the consumer. Therefore, in the foreseeable future, product designs will increasingly communicate not only to our eyes, but to our other senses as well. This book examines the frameworks for the protection of product designs in New Zealand and Australia and evaluates the appropriateness of expanding legal mechanisms for the accommodation of product design evolution. The value of more holistic design protection is balanced against other important considerations such as the "right to repair". The book not only anticipates the extent to which product design will cater to senses other than visual, but also provides a novel framework (with reference to industry examples) for discerning originality in such work for the purposes of copyright. This book also makes suggestions for how designs can be protected from foreseeable infringement (analogous to copyright infringement of music and movies on file sharing networks) resulting from future advances in technologies such as 3D printing and virtual reality.

* The book provides a thorough background for understanding the evidentiary framework used in the administration of criminal justice in the United States * The only book on the market to include the official text of legal cases to illustrate current legal principles and explain evolving principles of evidence in a contemporary case context * Addresses the potential of congressional legislation to affect the admissibility of some evidence, teaching the reader when and how to anticipate change * New cases in this edition illuminate the evolution of U.S. evidentiary law

Exploring High-risk Offender Treatment and the Role of Music Therapy explores the treatment delivered to high-risk offenders with complex needs, focusing on sex and violent offenders. The book advocates for the further use of less traditional and creative therapies, in particular, music therapy. The higher the risk, the greater the needs. Offenders with complex needs have a range of factors impacting their abilities and well-being including mental health and learning disorders. Importantly, high-risk offenders commonly present with complex needs and, therefore, require treatment that is highly responsive. Guiding this book is the existing literature and qualitative research, conducted by the author, that sought to gain the perspectives and experiences of practitioners in the field. This included 38 interviews with those that deliver treatment to high-risk offenders and music therapy. This book examines the components of high-risk offender treatment, highlighting the effective elements and the limitations found within the literature and from the perspective of interviewed practitioners. Offering insight into less traditional therapies, the book presents literature surrounding mindfulness, psychodrama and art therapy for high-risk offenders. It is argued that there has been a recent shift towards a creative corrections approach, where less traditional therapies are gaining recognition within offender treatment, as they offer unique and supportive benefits to traditional treatment. This book focuses on examining the role of music therapy for high-risk offenders, mainly through a critical discussion on the relevant literature and qualitative practitioner data. Advocating the further implementation of creative corrections approaches, this book will be of great interest to academics and researchers within the fields of offender treatment and penology, as well as forensic psychologists and those studying or practicing music therapy.

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.

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.

Through further technological development and increased globalization, conducting busines abroad has become easier, especially for Small and Medium Enterprises (SME). However, the legal issues associated with international commerce have not lessened in complexity, including the role of non-state rules. The book provides a comprehensive analysis of non-state rules in international commercial contracts. Non-state rules have legal authority in the national and international sphere, but the key question is how this legal authority can be understood and established. To answer this question this book examines first what non-state rules are and how their legal authority can be measured, it then analyses how non-state rules are applied in different scenarios, including as the applicable law, as a source of law, or to interpret either the law or the contract. Throughout this analysis three other important questions are also answered: when can non-state rules be applied? when are they applied? and how are they applied? The book concludes with a framework and classification that leads to a deeper understanding of the legal authority of non-state rules. Providing a transnational perspective on this important topic, this book will appeal to anyone researching international commercial law. It will also be a valuable resource for arbitrators and anyone working in international commercial litigation.

There has been a recent increase in clashes between warships asserting rights to navigate and states asserting sovereignty over coastal waters. This book argues for a set of rules which respect the rights of coastal states to protect their sovereignty and of warships to navigate lawfully, whilst also outlining the limits of each. The book addresses the issue of the clash between warships and states by considering the general principles applying to use of force in the law of the sea and the law of national self-defence. It focuses on the right of coastal states to use force to prevent passage of warships which threaten their sovereignty, with particular reference to the specific maritime zones, as well as by warships to ensure passage or to defend themselves. The book also assesses the extent to which the law of armed conflict may be applicable to these issues. The conclusion draws together a set of rules which take account of both contemporary and historical events and seeks to balance the competing interests at stake. Providing a concise overview of the enduring issue of freedom of navigation, this book will appeal to anyone studying international law, the law of the sea, security studies and international relations. It will also be of interest to naval, coast guard and military officers as well as government legal advisors.

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.

Based on a reading of contemporary philosophical arguments, this book accounts for how punishment has provided audiences with pleasure in different historical contexts. Watching tragedies, contemplating hell, attending executions, or imagining prisons have generated pleasure, according to contemporary observers, in ancient Greece, in medieval Catholic Europe, in the early-modern absolutist states, and in the post-1968 Western world. The pleasure was often judged morally problematic, and raised questions about which desires were satisfied, and what the enjoyment was like. This book offers a research synthesis that ties together existing work on the pleasure of punishment. It considers how the shared joys of punishment gradually disappeared from the public view at a precise historic conjuncture, and explores whether arguments about the carnivalesque character of cruelty can provide support for the continued existence of penal pleasure. Towards the end of this book, the reader will discover, if willing to go along and follow desire to places which are full of pain and suffering, that deeply entwined with the desire for punishment, there is also the desire for social justice. An accessible and compelling read, this book will appeal to students and scholars of criminology, sociology, philosophy and all those interested in the pleasures of punishment.

This edited collection on international commercial and investment disputes in, and with, India examines past and present landmark legislative and regulatory reforms initiated by the Indian government, including the 2015 new Bilateral Investment Treaty (BIT) model, the 2015 amendments to the 1996 Arbitration Act and the 2013 amendments to Section 135 of the Companies Act on Corporate Social Responsibility (CSR), as well as the most recent amendments to the same. The book also includes recent developments in the dispute resolution arena, regional, and international negotiations involving India, the legal profession's response to these developments, and civil society's comments. In addition, it addresses contemporary problems of key importance and at the centre of today's discussions, from the legitimacy and relevance of Investor-State Dispute Settlement (ISDS) to the denunciation of Bilateral Investment Treaties (BITs), and the role arbitration should play in emerging economies now leaders in world trade. In creating bridges between commercial and investment arbitration, it also renews the conceptual approach to these too often artificially isolated fields of law. The volume provides an accurate and updated account of the many fascinating conceptual and practical evolutions, which already impact the world of international dispute resolution far beyond the borders of India. This unique and exhaustive study will be of great appeal to a vast range of readers from practitioners to academia.

This research monograph provides a comparative analysis of juvenile court outcomes, exploring the influence of contextual factors on juvenile punishment across systems and communities. In doing so, it investigates whether, how, and to what extent macro-social context influences variation in juvenile punishment. The contextual hypotheses under investigation evaluate three prominent macro-sociall theoretical approaches: the conflict-oriented perspective of community threat, the consensus-oriented perspective of social disorganization, and the organizational perspective of the political economy of the juvenile court. Using multilevel modeling techniques, the study investigates these macro-social influences on juvenile justice outcomes across nearly 500 counties in seven states-Alabama, Connecticut, Missouri, Oregon, South Carolina, Texas, and Utah. Findings suggest that the contextual indicators under investigation did not explain variation in juvenile court punishment across communities and systems, and the study proposes several implications for future research and policy. This monograph is essential reading for scholars of juvenile justice system impact and reform as well as practitioners engaged in youth policy and juvenile justice work. It is unique in taking a comparative perspective that acknowledges that there is no one juvenile justice system in the United States, but many such systems.

This book examines the process and purpose of sentencing in the criminal justice system, beyond the confines of its legalistic aspects. Sentencing is the process that concludes any criminal trial that ends with the defendant being convicted, and any hearing in which a defendant pleads guilty. Those convicted of crime have been subject to sentencing as the method of imposing a punishment for their offences since the earliest existence of anything we would recognise as a criminal justice system. Yet the rationale behind sentencing, and the process by which it happens, has long been viewed through a traditional lens. In contrast, this book considers not just the process by which a Judge arrives at a numerical sentence of months in custody or the amount of a fine, but the wider meanings and effects of sentencing, as seen through the lens of various ideas of social justice. The book will appeal to students, academics, and legal practitioners who wish to consider a different perspective on the well-known and well-researched, but often shifting, area of sentencing.

Access to justice, equality before the law, and the rule of law are three fundamental values underpinning the civil justice system. This book examines these values and how, although they do not have great leverage in decision making by the courts, they are a crucial foundation of the civil justice system and a powerful argument for arrangements such as legal aid, the impartial application of law, and the independence of the judiciary. The second theme of this book concerns the role of procedure, often regarded as of secondary importance compared with substantive law. Taking the definition of procedure at its widest, the book discusses Lord Woolf's Inquiry, and demonstrates how procedural reform can maximize a fundamental value like access to justice. This linkage is furthered in a later analysis of access to justice comparatively, in relation to civil and commercial law. Thirdly, the book looks at understanding how law works, and how it could be made to work better, and concludes that this demands both a knowledge of law and of law's context. This theme offers a framework for the book, which then goes on to deal with the machinery of the law, and discusses what the courts do, civil procedure, and the ethics of lawyer's conduct, all in relation to the broader context of access to justice. This broader context of the law is particularly prominent in the latter half of the book which deals with various dimensions of the impact of the law. Including studies of civil and social rights in practice, the role of European law in the destruction of Aboriginal society in Australia, and commercial law in Asia, these examples raise issues about the gap between the law and reality, the potential law has to destroy social patterns, and the relationship between law and economic development. This is a thought-provoking, critical exploration which has much to offer those interested in the operation of the civil justice system.

This book focuses on American political discourse connected to war, dissent, and empathy. Through interdisciplinary methods of history, politics and media studies, the book examines ways in which American self-identity alters as a consequence of media portrayal of human suffering and of its existential others. It compares representations of the Iraq wars to earlier precedents and looks at the work of American activists, assessing how narratives and images of human suffering in new media iconography generate empathic attitudes towards others. This comparative, multimodal study helps to explain shifting self-identities within the U.S, and relationally through the representation of the Arab other presenting an original and historicised contribution to the media-war field of academic and public debate. The book underscores empathy as a vibrant category of analysis that expands how we think about West-Arab relations, revealing how understanding the cultural aspects of this conflictual interrelationship needs to be broadened.

Understanding prisons and the policies surrounding them is of fundamental importance to students and practitioners of criminology and related fields. This concise and accessible guide offers a compendium of key information, theories, concepts, research and policy, presenting a rounded and critical overview of the prison system in England and Wales. Covering the historical and contemporary context of prisons, the text guides the reader through prison life as experienced by different groups such as women, the work of prison officers and a tour of international prisons. Each chapter features key learning items: * an overview and summary; * learning outcomes; * end of chapter questions; * definitions of key terms and concepts; * examples and illustrative case studies; * summary boxes of key research studies and further reading. Focusing on the experiences of stakeholder groups and the themes of power, legitimacy and rehabilitation, the book concludes with an overview of the future challenges for prisons.

1. There is a market for this book across rural criminology, rural sociology and human geography. 2. Whereas most victimological literature focuses on the urban, this book sheds light on rural victimisation.