Judicial Education has greatly expanded in common law countries in the past 25 years. More recently it has become a core component in judicial reform programs in developing countries with gender attentiveness as an element required by donor agencies. In civil law jurisdictions judges schools have long played a role in the formation of the career judiciary with a focus on entry to the judicial profession, in some countries judges get an intensive in-service education at judicial academies. Gender questions, however, tend to be neglected in the curricula. These judicial education activities have generated a significant body of material and experience which it is timely to review and disseminate. Questions such as the following require answers. What is the current state of affairs? How is judicial education implemented in developed and developing countries all around the world? Who are the educators? Who is being educated? How is judicial education on gender regarded by judges? How effective are these programs? The chapters in this book deal with these questions. They provide a multiplicity of perspectives. Six countries are represented, of these four are civil law countries (Germany, Argentina, Japan, Bosnia and Herzegovina) and two are common law countries (Canada; Uganda). This book was previously published as a special issue of International Journal of the Legal Profession.

The topic of "too many lawyers" is both timely and timeless. The future make up and performance of the legal profession is in contest, challenged by new entrants, technology and the demand for transparency; at the same time, lawyers long have participated in contests over professional boundaries. In this book, we take up several fundamental questions about the question of whether there are "too many lawyers". What do we mean by "too many"? Is there a surplus of lawyers? What sort of lawyers are and will be needed? How best can we discern this? These questions and more are addressed here in scholarly articles presented at the Onati International Institute for the Sociology of Law (Spain) by some of the best researchers in the field. The collection, witha chapter by Prof. Richard L. Abel, addresses methodological, normative and policy questions regarding the number of lawyers in particular countries and worldwide, while connecting this phenomenon to political, social, economic, historical, cultural and comparative contexts. This book was previously published as a special issue of the International Journal of the Legal Profession.

Over the last few decades, the racial and ethnic composition of the United States has changed dramatically. This seismic transformation has important implications for theory, research, policy, and public opinion - perhaps most crucially around the topic of race/ethnicity and our justice systems. Recent national events - from Ferguson, to ferocious public debate about racism, to media depictions of police violence - have reawakened the tense question of race relations in the 21st century. This edited collection of research aims to highlight contemporary issues surrounding the overrepresentation of racial and ethnic minorities throughout both the juvenile and adult criminal justice systems. Our contributors cover both formal sources of social control (e.g. police, courts, correction facilities) and perceptions and public opinions of the relationship between race/ethnicity and offending behaviors. As the intellectual sphere ignites with fresh debate, old questions redefined and new ones asked, this publication provides innovative insight into how race and ethnicity interconnect with all aspects of criminology and criminal justice. Furthermore it helps encourage directions for future research, practice, and public policy. This book was originally published as a special issue of the Journal of Crime and Justice.

Accusing someone of committing a crime arrests everyday social relations and unfurls processes that decide on who to admit to criminal justice networks. Accusation demarcates specific subjects as the criminally accused, who then face courtroom trials, and possible punishment. It inaugurates a crime's historical journey into being with sanctioned accusers successfully making criminal allegations against accused persons in the presence of authorized juridical agents. Given this decisive role in the production of criminal identities, it is surprising that criminal accusation has received relatively short shrift in sociological, socio-legal and criminological discourses. In this book, George Pavlich redresses this oversight by framing a socio-legal field directed to political rationales and practices of criminal accusation. The focus of its interrogation is the truth-telling powers of an accusatory lore that creates subjects within the confines of socially authorized spaces. And, in this respect, the book has two overarching aims in mind. First, it names and analyses powers of criminal accusation - its history, rationales, rites and effects - as an enduring gateway to criminal justice. Second, the book evaluates the prospects for limiting and/or changing apparatuses of criminal accusation. By understanding their powers, might it be possible to decrease the number who enter criminal justice's gates? This question opens debate on the subject of the book's final section: the prospects for more inclusive accusative grammars that do not, as a reflex, turn to exclusionary visions of crime and vengeful, segregated, corrective or risk-orientated punishment. Highlighting how expansive criminal justice systems are populated by accusatorial powers, and how it might be possible to recalibrate the lore that feeds them, this ground-breaking analysis will be of considerable interest to scholars working in socio-legal research studies, critical criminology, social theory, postcolonial studies and critical legal theory.

This volume takes stock of the rapid changes to the law of unjust enrichment over the last decade. It offers a set of original contributions from leading private law theorists examining the philosophical foundations of the law. The essays consider the central questions raised by demarcating unjust enrichment as a separate area of private law - including how its normative foundations relate to those of other areas of private law, how the concept of enrichment relates to property theory, how the remedy of restitution relates to principles of corrective justice and what role mental elements should play in shaping the law.

Whilst educational theory has developed significantly in recent years, much of the law curriculum remains content-driven and delivered traditionally, predominantly through lecture format. Students are, in the main, treated as empty vessels to be filled by the eminent academics of the day. Re-thinking Legal Education under the Common and Civil Law draws on the experience of teachers, practitioners and students across the world who are committed to developing a more effective learning process. Little attention has, historically, been paid to the importance of the application of theory, the role of reflective learning, the understanding and acquisition of lawyering skills and the development of professional responsibility and wider ethical values. With contributions from across the global north and south, this book examines the history of educating our lawyers, the influences and constraints that may shape the curriculum, the means of delivering it and the models that could be used to tackle current shortcomings. The whole is intended to represent what might be desirable and possible if we are to produce lawyers that are fit for purpose in the 21st century, be that in either in civil or common law jurisdictions. This book will be of direct assistance to those who wish to understand the theory and practice of legal pedagogy in an experiential context. It will be essential reading for academics, researchers and teachers in the fields of law and education, particularly those concerned with curriculum design and developing interactive teaching methods. It is likely to be of interest to law students too - particularly those who value a more direct engagement in their learning.

Each society that consumes alcohol has its own unique drinking culture, and each society deals with the drunken products of that culture in particular ways. As Mark D. West shows in Drunk Japan, the distinctive features of Japanese drinking culture and its intoxication-related laws are not simply interesting in and of themselves, but offer a unique window into Japanese society more broadly. Drawing upon close readings of over 5,000 published Japanese court opinions on drunkenness-related cases, he provides a rich description of Japanese alcohol consumption, drinking culture, and intoxication. West reveals that the opinions not only show patterns in what, where, and why people drink in Japan, but they also focus to a surprising extent on characteristics (including occupation, wealth, gender, and education) of individual litigants. By examining the consistencies and contradictions that emerge from the cases, West finds that, at its most extreme, the Japanese legal system is hyper-individualized. Focusing on individual people sometimes leads courts to ignore forensic evidence, to rely on post-arrest drinking tests, and to calculate prison sentences based on factors such as a mother's promise to help her adult child abstain. Cumulatively, the colorful and often tragic cases West uses not only illuminate the complexity of the culture, but they also reveal an entirely new vision of Japanese law and a comprehensive picture of alcohol use in Japanese society writ large.

PRAISE FOR THE BOOK: "This constitutes a work of impressive scholarship that will become a major reference point for future discourse on choice of court agreements. Dr Ahmed advances a firm thesis in a lucid manner that will satisfy both academics and practitioners. The discussion is supported by a monumental foundation of underpinning research. Ahmed's monograph throughout shows clear understanding of underlying substantive laws and in Chapter 11 displays a refreshing willingness to engage in intelligent speculation on the implications of Brexit." Professor David Milman, University of Lancaster "The book is an excellent attempt to understand the theoretical underpinnings of choice of court agreements in private international law ... Anyone with an interest in the theory and practice of choice of court agreements, in particular in mechanisms for their enforcement, should read this book. They will find much of value by doing so." Professor Paul Beaumont, University of Aberdeen (from the Series Editor's Preface) This book examines the fundamental juridical nature, classification and enforcement of choice of court agreements in international commercial litigation. It is the first full-length attempt to integrate the comparative and doctrinal analysis of choice of court agreements under the Brussels I Recast Regulation, the Hague Convention on Choice of Court Agreements ('Hague Convention') and the English common law jurisdictional regime into a theoretical framework. In this regard, the book analyses the impact of a multilateral and regulatory conception of private international law on the private law enforcement of choice of court agreements before the English courts. In the process, it both pre-empts and offers innovative solutions to issues that may arise under the jurisprudence of the emergent Brussels I Recast Regulation and the Hague Convention. The need to understand the nature and enforcement of choice of court agreements before the English courts from the perspective of the EU private international law regime and the Hague Convention cannot be understated. This important new study aims to fill an existing gap in the literature in relation to an account of choice of court agreements which explores and reconnects arguments drawn from international legal theory with legal practice. However, the scope of the work remains most relevant for cross-border commercial lawyers interested in crafting pragmatic solutions to the conflicts of jurisdictions.

How can jurists resolve multicultural conflicts? Which kind of questions should judges ask when culture enters the horizon of the law? Are they then called to become anthropologists? Through the analysis of hundreds of cases produced through decades of multicultural jurisprudence, this book reconstructs the constitutional and anthropological narratives and the legal techniques used by Western judges to face the challenges posed by multiculturalism: from Japanese parent-child suicide to the burqa, from Jewish circumcision to Roma begging, from kissing a son on his genitals to the claim of indigenous people to fish salmon in natural parks, the book brings the reader into a fascinating journey at the crux of the encounter between the relativism of anthropology and the endeavor toward a democratic coexistence pursued by the law. After identifying the recurrent themes or topoi used by judges and lawyers, this book critically analyzes them, evaluates their persuasive power and suggests a "cultural test" that gathers together the crucial questions to be answered when resolving a multicultural dispute. The "cultural test" is a matrix that guides the judge, lawyers and legislatures across the intricate paths of multiculturalism, to assure a relational dialogue between the law and anthropology.

Professional Emotions in Court examines the paramount role of emotions in the legal professions and in the functioning of the democratic judicial system. Based on extensive interview and observation data in Sweden, the authors highlight the silenced background emotions and the tacitly habituated emotion management in the daily work at courts and prosecution offices. Following participants 'backstage' - whether at the office or at lunch - in order to observe preparations for and reflections on the performance in court itself, this book sheds light on the emotionality of courtroom interactions, such as professional collaboration, negotiations, and challenges, with the analysis of micro-interactions being situated in the broader structural regime of the legal system - the emotive-cognitive judicial frame - throughout. A demonstration of the false dichotomy between emotion and reason that lies behind the assumption of a judicial system that operates rationally and without emotion, Professional Emotions in Court reveals how this assumption shapes professionals' perceptions and performance of their work, but hampers emotional reflexivity, and questions whether the judicial system might gain in legitimacy if the role of emotional processes were recognized and reflected upon.

An American Dilemma examines the issue of capital punishment in the United States as it conflicts with the nation's obligations under the 1963 Vienna Convention on Consular Relations. In a number of high profile cases, foreign nationals have been executed after being denied their rights under the Vienna Convention. The International Court of Justice has ruled against the United States, but individual states have chosen to defy international law. The Supreme Court has not resolved the question of legal remedies for such breaches.

Recent confrontations between constitutional courts and parliamentary majorities, for example in Poland and Hungary, have attracted international interest in the relationship between the judiciary and the legislature in Central and Eastern European countries. Several political actors have argued that courts have assumed too much power after the democratic transformation process in 1989/1990. These claims are explicitly or implicitly connected to the charge that courts have constrained the room for manoeuvre of the legislatures too heavily and that they have entered the field of politics. Nevertheless, the question to what extent has this aggregation of power constrained the dominant political actors has never been examined accurately and systematically in the literature. The present volume fills this gap by applying an innovative research methodology to quantify the impact and effect of court's decisions on legislation and legislators, and measure the strength of judicial decisions in six CEE countries.

This Element offers an accessible introduction to theoretical writing on the rule of law for anyone who wants to understand more about how we think and write about this central idea of legal and political thought. Part 1, 'Approaching the Rule of Law', examines the methods through which the idea of the rule of law is typically approached by those who set out to theorise it. Part 2, 'Untangling the Rule of Law', asks whether it is possible to untangle the rule of law from the various contributions, companions, connections, conflations and controversies with which it tends to be associated. Part 3, 'Revisiting the Rule of Law', signals to new frontiers of rule of law thought by addressing the assumptions about legal form that shape its theoretical treatment, and by investigating what we know about the people who carry its burdens and benefit from its offerings.

The new edition of this seminal text outlines the fundamental aspects of the German approach to criminal procedure. It explores a wide range of issues from setting out the basic procedural principles to presenting the main players in the criminal justice system, pre-trial investigations, the path from indictment to trial judgment, rules of evidence, sentencing, and appeals and post-conviction review. As far as it is useful for an introductory text, the differences between proceedings against adults and juveniles are highlighted. The theoretical discussion of decision-making and style of judgment writing is supported by practical insights through specimen translations of an indictment, a trial judgment and an appellate judgment by the Federal Court of Justice.

The 1980s was a time of significant social, political and cultural change. In Australia, the law was pivotal to these changes. The two High Court cases that this book explores - Koowarta v Bjelke-Petersen (1982) and the Tasmanian Dams case (1983) - are famous legally as they marked a decisive reckoning by the Court with both international law and federal constitutionalism. Yet these cases also offer a significant marker of Australia in the 1980s: a shift to a different form of political engagement, nationally and internationally, on complex questions about race and the environment. This book brings these cases together for the first time. It does so to explore not only the legal legacy and relationship between Koowarta and Tasmanian Dams, but also to reflect on how Australians experience their law in time and place, and why those experiences might require more than the usual legal records. The authors include significant figures in Australian public life, some of whom were key participants in the cases, as well as established and respected scholars of law, history, environment and Indigenous studies. This collection offers a combination of personal recollections of the cases, as well as a consideration of their ongoing significance in Australian life. This book was originally published as two special issues of the Griffith Law Review.

The lawyer-dominated adversary system of criminal trial, which now typifies practice in Anglo-American legal systems, developed in England in the eighteenth century. Using hitherto unexplored sources from London's Old Bailey Court, Professor Langbein shows how and why lawyers were able to capture the trial, and he supplies a path-breaking account of the formation of the law of criminal evidence.

Criminal Law: A Comparative Approach presents a systematic and comprehensive analysis of the substantive criminal law of two major jurisdictions: the United States and Germany. Presupposing no familiarity with either U.S. or German criminal law, the book will provide criminal law scholars and students with a rich comparative understanding of criminal law's foundations and central doctrines. All foreign-language sources have been translated into English; cases and materials are accompanied by heavily cross-referenced introductions and notes that place them within the framework of each country's criminal law system and highlight issues ripe for comparative analysis. Divided into three parts, the book covers foundational issues - such as constitutional limits on the criminal law - before tackling the major features of the general part of the criminal law and a selection of offences in the special part. Throughout, readers are exposed to alternative approaches to familiar problems in criminal law, and as a result will have a chance to see a given country's criminal law doctrine, on specific issues and in general, from the critical distance of comparative analysis.

Today's high recidivism rates, combined with the rising costs of jails and prisons, are increasingly seen as problems that must be addressed on both moral and financial grounds. Research on prison and jail reentry typically focuses on barriers stemming from employment, housing, mental health, and substance abuse issues from the perspective of offenders returning to urban areas. This book explores the largely neglected topic of the specific challenges inmates experience when leaving jail and returning to rural areas. Rural Jail Reentry provides a thorough background and theoretical framework on reentry issues and rural crime patterns, and identifies perceptions of the most significant challenges to jail reentry in rural areas. Utilizing three robust samples-current inmates, probation and parole officers, and treatment staff-Ward examines what each group considers to be the most impactful factors surrounding rural jail re-entry. A springboard for future research and policy discussions, this book will be of interest to international researchers and practitioners interested in the topic of rural reentry, as well as graduate and upper-level undergraduate students concerned with contemporary issues in corrections, community-based corrections, critical issues in criminal justice, and criminal justice policy.

This book explores the journey of young people through a Secure Training Centre and, more generally, the criminal justice system in the UK. It examines the extent to which young people have been failed by the system at every stage of their lives, with incarceration used as a means of removing 'the problem' from society. To explore this process, the authors utilise an integrated theoretical framework to develop a new rehabilitative approach focused on developing positive outcomes for young people. The book deploys a social impact measurement methodology to evaluate the experience and outcomes of youth justice interventions at a Secure Training Centre. Such an approach provides a fresh perspective on the youth justice debate which has traditionally utilised outcome data to measure immediate impact relating to recidivism and is therefore not focused on the young person holistically. Using a social impact framework to evaluate youth justice, underpinned by an integrated theoretical framework, allows for assessment to be made which place the young person at the centre of evaluation.

The social organization of criminal courts is the theme of this collection of articles. The volume provides contributions to three levels of social organization in criminal courts: (1) the macro-level involving external economic, political and social forces (Joachim J. Savelsberg; Raymond Michalowski; Mary E. Vogel; John Hagan and Ron Levi); (2) the meso-level consisting of formal structures, informal cultural norms and supporting agencies in an interlocking organizational network (Malcolm M. Feeley; Lawrence Mohr; Jo Dixon; Jeffrey T. Ulmer and John H. Kramer), and (3) the micro-level consisting of interactional orders that emerge from the social discourses and categorizations in multiple layers of bargaining and negotiation processes (Lisa Frohmann; Aaron Kupchik; Michael McConville and Chester Mirsky; Bankole A. Cole). An editorial introduction ties these levels together, relating them to a Weberian sociology of law.

This book investigates what happens to criminal evidence after the conclusion of legal proceedings. During the criminal trial, evidentiary material is tightly regulated; it is formally regarded as part of the court record, and subject to the rules of evidence and criminal procedure. However, these rules and procedures cannot govern or control this material after proceedings have ended. In its 'afterlife', criminal evidence continues to proliferate in cultural contexts. It might be photographic or video evidence, private diaries and correspondence, weapons, physical objects or forensic data, and it arouses the interest of journalists, scholars, curators, writers or artists. Building on a growing cultural interest in criminal archival materials, this book shows how in its afterlife, criminal evidence gives rise to new uses and interpretations, new concepts and questions, many of which are creative and transformative of crime and evidence, and some of which are transgressive, dangerous or insensitive. It takes the judicial principle of open justice - the assumption that justice must be seen to be done - and investigates instances in which we might see too much, too little or from a distorted angle. It centres upon a series of case studies, including those of Lindy Chamberlain and, more recently, Oscar Pistorius, in which criminal evidence has re-appeared outside of the criminal process. Traversing museums, libraries, galleries and other repositories, and drawing on extensive interviews with cultural practitioners and legal professionals, this book probes the legal, ethical, affective and aesthetic implications of the cultural afterlife of evidence.

When should someone who may have intentionally or knowingly committed criminal wrongdoing be excused? Excusing Crime examines what excusing conditions are, and why familiar excuses, such as duress, are thought to fulfil those conditions. The 'classical' view of excuses sees them as rational defects (such as mistake) in the motive force behind an action, but contrasts them with 'denials of responsibility', such as insanity, where the rational defect in that motive force is attributable to a mental defect in the agent him- or herself. This classical view of excuses has a long heritage, and is enshrined in different forms in many of the world's criminal codes, both liberal and non-liberal; however, in this book, Jeremy Horder contends that it is now time to move beyond it. Horder develops a 'liberal' account of excuses, arguing that the 'classical' distinction between rational defects and 'denials of responsibility' is too sharp, and also that the classical view of excuses is too narrow. He contends that it can be right to treat claims as excusatory even if they rely on a combination of elements of rational defect in the motive force behind the action, even if that defect is in part attributable to a mental deficiency in the agent him or herself ('diminished capacity'). Further, he argues that there can be a sound case for excuse even when people can give full rational assent to their actions, such as when they could not reasonably have been expected to do more than what they did to avoid committing wrongdoing ('due diligence'), or, more rarely, when their conscience understandably left them with no moral freedom to do other than commit the wrong ('demands-of-conscience').

"A MUST-READ FOR ANYONE INTERESTED IN UNDERSTANDING AND DISMANTLING MASS INCARCERATION." -Chesa Boudin, District Attorney of San Francisco America's criminal justice system is among the deadliest and most racist in the world and it disproportionately targets Black Americans, who are also disproportionately poor, hungry, houseless, jobless, sick, and poorly educated. By every metric of misery, this nation does not act like Black Lives Matter. In order to break out of the trap of racialized mass incarceration and relentless racial oppression, we, as a society, need to rethink our basic assumptions about blame and punishment, words and symbols, social perceptions and judgments, morality, politics, and the power of the performing arts. N*gga Theory interrogates conventional assumptions and frames a transformational new way of thinking about law, language, moral judgments, politics, and transgressive art-especially profane genres like gangsta rap-and exposes where racial bias lives in the administration of justice and everyday life. Professor Jody Armour (Negrophobia and Reasonable Racism) calls for bold action: electing progressive prosecutors, defunding or dismantling the police, abolition of the prison industrial complex. But only after eradicating the anti-black bias buried in the hearts and minds of millions of Americans and baked into our legal system will we be able to say that Black Lives Matter in America.

This book presents comprehensive information on a range of issues in connection with the Fair and Equitable Treatment (FET) standard, with a particular focus on arbitral awards against host developing countries, thereby contributing to the available literature in this area of international investment law. It examines in detail the interpretation of the FET standard of key arbitral awards affecting host developing countries, demonstrating the full range of interpretation approaches adopted by the current investment tribunals. At the same time, the book offers valuable practical guidance for counsels/scholars representing host developing countries in investment arbitration, where balancing the competing interests of the foreign investors and the host developing countries in investment disputes poses a complex challenge. The book puts forward the pressing need for a re-conceptualized interpretation of the FET standard in tune with the developmental issues and challenges faced by host developing countries, recognizing these countries' particular perspectives as an important and relevant aspect of investment disputes (often ignored by the current investment tribunals), while continuing to ensure reasonable protections for foreign investors and therefore serving the needs of the system as whole. The findings presented here will greatly benefit host developing countries engaged in investment arbitration. In addition, the book offers an insightful guide for all researchers whose work involves investment law and investment arbitration issues.

Technological linkages between justice and law enforcement agencies are radically altering criminal process and access to justice for prisoners. Video links, integral to an increasingly networked justice matrix, enable the custodial appearance of prisoners in remote courts and are becoming the dominant form of court appearance for incarcerated defendants. This book argues that the incorporation of such technologies into prisons is not without consequence: technologies make a critical difference to prisoners' experiences of criminal justice. By focusing on the prison endpoint and engaging with the population most affected by video links - the prisoners themselves - this book interrogates the legal and conceptual shifts brought about by the technology's displacement of physical court appearance. The central argument is that custodial appearance has created a heightened zone of demarcation between prisoners and courtroom participants. This demarcation is explored through the transformed spatial, corporeal and visual relationships. The cumulative demarcations challenge procedural justice and profoundly recompose prisoners' legal experiences in ways not necessarily recognised by policy-makers.