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Books > Law > Laws of other jurisdictions & general law > Courts & procedure
As in a number of France's major cities, civil war erupted in Lyon in the summer of 1793, ultimately leading to a siege of the city and a wave of mass executions. Using Lyon as a lens for understanding the politics of revolutionary France, this book reveals the widespread enthusiasm for judicial change in Lyon at the time of the Revolution, as well as the conflicts that ensued between elected magistrates in the face of radical democratization. Julie Patricia Johnson's investigation of these developments during the bloodiest years of the Revolution offers powerful insights into the passions and the struggles of ordinary people during an extraordinary time.
Covers the key institutions, concepts and legal rules in the United Kingdom constitutional system Explores the administrative justice system, including judicial review, and the protection of human rights Clearly written and easy to use Updated to cover the latest implications of Brexit, as well as legislation in the wake of the 2020 pandemic.
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.
Experts can be publicly embarrassed if they are ill-prepared, or do not understand their duties to the court. Many high-profile miscarriages of justice have arisen because of the conduct of such witnesses, who have given biased evidence in favour of one party, or simply failed to understand the courts' requirements. Mark Tottenham, an experienced barrister and mediator, and award-winning writer on legal issues, has written this short and authoritative guide to the responsibilities of professional witnesses. Drawing on authorities throughout the English-speaking world, he outlines: the duties of an expert witness; the requirements of a written court report; how to prepare to give evidence in court; how to maintain a professional detachment from the client and instructing legal team; the involvement of expert witnesses in preparing pleadings and 'Scott schedules'; and the role of expert witnesses in other forums such as mediations, inquests and public inquiries.
This book analyses Nicaragua's role in the development of international law, through its participation in cases that have come before the International Court of Justice. Nicaragua has appeared before the ICJ in fourteen cases, either as an applicant, respondent or intervening State, thus setting an important example of committment to the peaceful judicial settlement of disputes. The "Nicaraguan" cases have enabled the ICJ to take positions on and clarify a whole range of important procedural, jurisdictional and substantive legal issues, which have inspired the jurisprudence of international and regional courts and tribunals and influenced the development of international law. The book focuses on reviewing Nicaragua's cases before the ICJ, using a thematic approach to identify their impact on international law. Each chapter includes a discussion of the relevant cases on a particular theme and their impact over time on general as well as specific branches of international law, notably through their use as precedent by other international and regional courts and tribunals.
This second edition examines judicial independence as an aspect of democratization based on the premise that democracy cannot be consolidated without the rule of law of which judicial independence is an indispensable part. It pays particular attention to the restraints placed upon judicial independence and examines the reforms which are being applied, or remain to be adopted, in order to guard against the different kinds of interference which prevent judicial decisions being taken in a wholly impartial way. Focusing on the growing authoritarianism in the new democracies of Eastern Europe, Latin America, Asia and Africa, the book analyses the paradox of judicial activism arising from the independence endowed upon the judiciary and the rights bestowed on citizens by post-authoritarian constitutions. Finally, it asks how judicial accountability can be made compatible with the preservation of judicial independence when the concept of an accountable, independent judiciary appears to be a contradiction in terms. This book will be of key interest to scholars and students of judicial studies, democratization and autocratization studies, constitutionalism, global governance, and more broadly comparative government/politics, human rights and comparative public law.
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.
Who are the perpetrators of modern slavery? Why do they exploit others? What might be done to stop exploitation recurring? These are the questions answered in this book. Reporting on the first primary study of modern slavery offenders, the book depicts the findings of in-depth interviews with people accused of, and convicted for, committing modern slavery offences. The different forms that modern slavery takes are explained chapter by chapter: organized crime, people smuggling, labour exploitation, domestic servitude, sham marriage, the trafficking of adults for sexual exploitation and child sex trafficking. Using case studies to illuminate the perspectives of those deemed perpetrators, we show that few modern slavery offenders conform to stereotypes of people traffickers. Through an interpretive analysis of offenders' life stories, we reveal the points in the past and present where interventions could have prevented victims from becoming trapped in exploitation. We show that while national governments and international bodies often appear resolute in their efforts to tackle modern slavery and people trafficking, they have also obscured their own roles in compounding the plights of those at the sharp ends of globalization. In racializing the actions of sex traffickers, grooming gangs, and organized criminals, the modern slavery agenda has mystified the roles market dynamics, the absence of workers' rights, and immigration controls play in generating vulnerabilities to exploitation. This book will be of interest to a wide range of students, policymakers and practitioners concerned with modern slavery, human trafficking, border control and immigration, globalization and inequality, as well as the more disciplinefocused criminological audiences concerned with why people commit crimes, what should be done about them and the, often paradoxical, consequences of social control across borders. Given the book's strong focus on narrative, psychosocial and social network methodologies, it will also appeal to audiences across the social sciences concerned with applying these novel approaches to difficult to reach populations.
Recent years have witnessed a vibrant debate concerning the constitutional basis of judicial review,which reflects a broader discourse about the role of the courts, and their relationship with the other institutions of government, within the constitutional order. This book comprehensively analyses the foundations of judicial review. It subjects the traditional justification, based on the doctrine of ultra vires, to criticial scrutiny and fundamental reformulation, and it addresses the theoretical challenges posed by the impact of the Human Rights Act 1998 on administrative law and by the extension of judicial review to prerogative and non-statutory powers. It also explores the relationship between the theoretical basis of administrative law and its practical capacity to safeguard individuals against maladministration. The book seeks to develop a constitutional rationale for judicial review which founds its legitimacy in core principles such as the rule of law, the separation of powers and the sovereignty of Parliament. It presents a detailed analysis of the interface between constitutional and administrative law, and will be of interest to all public lawyers.
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.
Public Policy and the CJEU's Power offers an overarching analytical framework for thinking about the impact of policy contexts on the CJEU's influence on European public policy and the course of European integration. Thereby, it lays out a research agenda that is best described as public policy approach to studying judicial power in the European Union. The policy contexts within which actors operate do not only structure the incentives to use litigation, they also affect how strongly the implementation of court rulings relies on these policy stakeholders. Therefore, the CJEU's power is strongly dependent on policy contexts and policy stakeholders. This argument is illustrated by a wide variety of empirical analyses covering the three major types of legal actions before the CJEU (infringement proceedings, preliminary rulings and annulments), a wide variety of policy fields (e.g. competition law, internal market regulation, common agriculture policy, social policies, foreign policy), and different types of policy stakeholders (e.g. public, private, subnational, national and European stakeholders). Using this rich empirical material, the book provides an analytic framework for thinking about how policy contexts influence the CJEU's impact. Bringing together expert contributions, Public Policy and the CJEU's Power will be of great interest and use to scholars working on the European Union, law and politics and public policy. The chapters were originally published as a special issue in the Journal of European Integration.
Interactional Justice explores how defence lawyers accomplish their role in interaction with others and highlights the ways in which they do loyalty work - constructing and conveying loyalty in emotionally and interactionally constraining situations. By drawing on extensive ethnographic fieldnotes and interviews with lawyers, this sociological study brings their loyalty work to life and reveals to the reader the unwritten rules of emotional interactions. It presents how defence lawyers socially construct their duty of loyalty by negotiating informal and implicit professional and social expectations. This accomplishment demands emotion work and face work in order to perform a role which includes defending clients accused of heinous crimes and "losing" the majority of cases. As the defence team is central to this, the ways of doing teamwork are illustrated. Teamwork is also found to be essential between legal professionals to ensure that a criminal trial runs smoothly. All of this takes place within an overarching framework - the emotional regime of law - which aims to uphold the illusionary dichotomy between rationality and emotionality thus quietening the role of emotions. Loyalty and teamwork are features of many professions, workplaces, and aspects of social life making this book an essential tool for understanding strategies for their accomplishment. Focusing on courtroom emotions and interactions, the book suggests how trials can be made more user-friendly and provides guidance for newly qualified legal professionals. The use of ethnographic fieldnotes and interviews provides scholars and students in the social sciences, teaching, law, and medicine with a colourful monograph which reveals and explains emotion and interaction rules. It also makes this book a useful tool for teaching and understanding qualitative research methods.
This Handbook brings together the voices of a range of contributors interested in the many varied experiences of women in criminal justice systems, and who are seeking to challenge the status quo. Although there is increasing literature and research on gender, and certain aspects of the criminal justice system (often Western focused), there is a significant gap in the form of a Handbook that brings together these important gendered conversations. This essential book explores research and theory on how women are perceived, handled, and experience criminal justice within and across different jurisdictions, with particular consideration of gendered and disparate treatment of women as law-breakers. There is also consideration of women's experiences through an intersectional lens, including race and class, as well as feminist scholarship and activism. The Handbook contains 47 unique chapters with nine overarching themes (Lessons from history and theory; Routes into the criminal justice system; Intersectionality; Sentencing and the courts and community punishments; Specific offences; Incarcerated women's experiences; Mothers and families; Rehabilitation and reintegration; Practitioner relationships), and each theme includes contributions from different countries as well as the experiences of contributors from different stages in their own journey. International and interdisciplinary in scope, this Handbook is essential reading for scholars and students of criminology, sociology, social policy, social work, and law. It will also be of interest to practitioners, such as social workers, probation officers, prison officers, and policy makers.
In Arts in Corrections, the author-a poet, translator and teacher-takes readers on a chronological journey through an annotated selection of 24 of his own publications from 1981 to 2014 which recount his experiences teaching, consulting and documenting US arts programs in prisons, jails and juvenile facilities. Anyone interested in corrections and arts-in-corrections will be drawn in by the poetic sensibility Hillman brings to his writing. Readers will gain a historical and personal perspective not only into correctional arts programming in the US over the last 40 years, but also the institutional transformations in policy, culture, populations, economics, and the criminological mission expansion into other institutional settings like K-12 education. Original essays, articles, monographs and poems are interspersed with recent annotations to deliver not only a top-down view of the correctional system but also the author's personal journey of "discouragement and hope" from work conducted in approximately 200 adult and juvenile facilities in 30 states and six countries. This comprehensive book is essential reading for a broad cross-section of international readers interested in and involved in the arts-in-corrections field. With two million individuals behind bars in the US at any given time, the profile of arts programs in prisons and jails is rising and interest in criminal-justice matters more generally is increasing. This includes not only arts-in-corrections professionals, policy makers, students, researchers, advocates and academics, but professionals in multiple other fields as well as the general public.
In Arts in Corrections, the author-a poet, translator and teacher-takes readers on a chronological journey through an annotated selection of 24 of his own publications from 1981 to 2014 which recount his experiences teaching, consulting and documenting US arts programs in prisons, jails and juvenile facilities. Anyone interested in corrections and arts-in-corrections will be drawn in by the poetic sensibility Hillman brings to his writing. Readers will gain a historical and personal perspective not only into correctional arts programming in the US over the last 40 years, but also the institutional transformations in policy, culture, populations, economics, and the criminological mission expansion into other institutional settings like K-12 education. Original essays, articles, monographs and poems are interspersed with recent annotations to deliver not only a top-down view of the correctional system but also the author's personal journey of "discouragement and hope" from work conducted in approximately 200 adult and juvenile facilities in 30 states and six countries. This comprehensive book is essential reading for a broad cross-section of international readers interested in and involved in the arts-in-corrections field. With two million individuals behind bars in the US at any given time, the profile of arts programs in prisons and jails is rising and interest in criminal-justice matters more generally is increasing. This includes not only arts-in-corrections professionals, policy makers, students, researchers, advocates and academics, but professionals in multiple other fields as well as the general public.
What do refugee and concentration camps, prisons, terrorist and guerrilla training camps and prisoner of war camps have in common? Arguably they have all followed an 'outsides inside' model, enforcing a dichotomy between perceived 'desirable' and 'undesirable' characteristics. This separation is the subject of Moller's multidisciplinary study.
Interdisciplinary book constitutes the first major and comparative study of resilience focused on victims-/survivors of conflict-related sexual violence (CRSV). The book develops its own conceptual framework based on the idea of connectivity. Case studies from Bosnia-Herzegovina, Colombia and Uganda. Will appeal to scholars, researchers and policy makers working on CRSV and/or transitional justice.
Not so long ago, class actions were considered to be a textbook example of American exceptionalism; many of their main features were assumed to be incompatible with the culture of the civil law world. However, the tide is changing; while there are now trends in the USA toward limiting or excluding class actions, notorious cases like Dieselgate are moving more and more European jurisdictions to extend the reach of their judicial collective redress mechanisms. For many new fans of class actions, collective redress has become a Holy Grail of sorts, a miraculous tool that will rejuvenate national systems of civil justice and grant them unprecedented power. Still, while the introduction of various forms of representative action has virtually become a fashion, it is anything but certain that attempting to transplant American-style class action will be successful. European judicial structures and legal culture(s) are fundamentally different, which poses a considerable challenge. This book investigates whether class actions in Europe are indeed a Holy Grail or just another wrong turn in the continuing pursuit of just and effective means of protecting the rights of citizens and businesses. It presents both positive and critical perspectives, supplemented by case studies on the latest collectivization trends in Europe's national civil justice systems. The book also shares the experiences of some non-European jurisdictions that have developed promising hybrid forms of collective redress, such as Canada, Brazil, China, and South Africa. In closing, a selection of topical international cases that raise interesting issues regarding the effectiveness of class actions in an international context are studied and discussed.
Teaching Legal Education in the Digital Age explores how legal pedagogy and curriculum design should be modernised to ensure that law students have a realistic view of the future of the legal profession. Using future readiness and digital empowerment as central themes, chapters discuss the use of technology to enhance the design and delivery of the curriculum and argue the need for the curriculum to be developed to prepare students for the use of technology in the workplace. The volume draws together a range of contributions to consider the impact of digital pedagogies in legal education and propose how technology can be used in the law curriculum to enhance student learning in law schools and lead excellence in teaching. Throughout, the authors consider what it means to be future-ready and what we can do as law academics to facilitate the knowledge, skills and dispositions needed by future-ready graduates. Part of Routledge's series on Legal Pedagogy, this book will be of great interest to academics, post-graduate students, teachers and researchers of law, as well as those with a wider interest in legal pedagogy or legal practice.
This book provides an in-depth analysis of the functioning and challenges of the legal aid system in India. The legal aid system was set up to promote the interests of the economically weaker sections of society that did not have equitable access to judicial systems. However, the system has been largely unsuccessful in delivering justice. Drawing on empirical data from 18 states and 36 districts in India, the book highlights the institutional setbacks that plague the legal aid system and urges us to take cognizance of the hindrances faced by the beneficiaries in availing of these services. It acknowledges the gaps that exist in the governance of the legal aid system in India at the grassroots level and suggests approaches and ways to address these roadblocks to deliver free, swift, and economical access to justice to the poor legal aid beneficiaries. An important critical study of the commitment and competence of legal aid counsels in India, this volume will be an essential read for scholars and researchers of law, Indian law, constitutional law, political science, comparative law, law and gender, and social work.
Prisoners released from our bloated American correctional institutions return to a mostly unwelcoming society where they face onerous post-release challenges. No wonder recidivism is near fifty percent, adding tens of billions of dollars annually to the cost of American prisons. Sisyphus No More is a multifaceted argument for increasing prisoner education and training programs to promote the reintegration into society of returning prisoners and increase the likelihood of their securing living-wage jobs. By greatly reducing recidivism, the programs will pay for themselves several times over. Such programs also humanize the treatment of prisoners and help them escape the fate of Sisyphus, the mythological king condemned to a bitterly repetitive fate. The book has two parts. The first provides background on the American prison system and enumerates the tolls incarceration takes on prisoners, their families, and their communities and the costs released prisoners continue to pay that severely hinder their reintegration. In the second part, the authors set forth compelling psychological, sociological, ethical, and financial grounds for increasing education and training to support the reintegration of released prisoners. The final two chapters report on innovative prison education programs and identify steps toward making education and training a priority in our prisons.
A fast-growing legal system and economy in medieval and early modern Rome saw a rapid increase in the need for written documents. "Brokers of Public Trust" examines the emergence of the modern notarial profession--free market scribes responsible for producing original legal documents and their copies. Notarial acts often go unnoticed, but they are essential to understanding the history of writing practices and attitudes toward official documentation. Based on new archival research, "Brokers of Public Trust" focuses on the government officials, notaries, and consumers who regulated, wrote, and purchased notarial documents in Rome between the 14th and 18th centuries. Historian Laurie Nussdorfer chronicles the training of professional notaries and the construction of public archives, explaining why notarial documents exist, who made them, and how they came to be regarded as authoritative evidence. In doing so, Nussdorfer describes a profession of crucial importance to the people and government of the time, as well as to scholars who turn to notarial documents as invaluable and irreplaceable historical sources. This magisterial new work brings fresh insight into the essential functions of early modern Roman society and the development of the modern state.
* Logically organized, country-by-country approach makes it easy to compare and draw parallels between countries * Demonstrates how researchers and policymakers, who heavily rely on crime numbers, need to use care in interpreting those statistics * Helps develop a cross-cultural understanding of police practices |
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