![]() |
![]() |
Your cart is empty |
||
Books > Law > Laws of other jurisdictions & general law > Courts & procedure
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.
This book offers a detailed account of the legal issues concerning the British Indian Ocean Territory (Chagos Islands) by leading experts in the field. It examines the broader significance of the ongoing Bancoult litigation in the UK Courts, the Chagos Islanders' petition to the European Court of Human Rights and Mauritius' successful challenge, under the UN Convention of the Law of the Sea, to the UK government's creation of a Marine Protected Area around the Chagos Archipelago. This book, produced in response to the 50th anniversary of the BIOT's founding, also assesses the impact of the decisions taken in respect of the Territory against a wider background of decolonization while addressing important questions about the lawfulness of maintaining Overseas Territories in the post-colonial era.The chapter 'Anachronistic As Colonial Remnants May Be...' - Locating the Rights of the Chagos Islanders As A Case Study of the Operation of Human Rights Law in Colonial Territories is open access under a CC BY 4.0 license via link.springer.com.
Philosophers, legal scholars, criminologists, psychiatrists, and psychologists have long asked important questions about punishment: What is its purpose? What theories help us better understand its nature? Is punishment just? Are there effective alternatives to punishment? How can empirical data from the sciences help us better understand punishment? What are the relationships between punishment and our biology, psychology, and social environment? How is punishment understood and administered differently in different societies? The Routledge Handbook of the Philosophy and Science of Punishment is the first major reference work to address these and other important questions in detail, offering 31 chapters from an international and interdisciplinary team of experts in a single, comprehensive volume. It covers the major theoretical approaches to punishment and its alternatives; emerging research from biology, psychology, and social neuroscience; and important special issues like the side-effects of punishment and solitary confinement, racism and stigmatization, the risk and protective factors for antisocial behavior, and victims' rights and needs. The Handbook is conveniently organized into four sections: I. Theories of Punishment and Contemporary Perspectives II. Philosophical Perspectives on Punishment III. Sciences, Prevention, and Punishment IV. Alternatives to Current Punishment Practices A volume introduction and a comprehensive index help make The Routledge Handbook of the Philosophy and Science of Punishment essential reading for upper-undergraduate and postgraduate students in disciplines such as philosophy, law, criminology, psychology, and forensic psychiatry, and highly relevant to a variety of other disciplines such as political and social sciences, behavioral and neurosciences, and global ethics. It is also an ideal resource for anyone interested in current theories, research, and programs dealing with the problem of punishment.
This book offers an assessment of Barbara Wootton's legacy as a pioneering public criminologist. Barbara Wootton (1897-1988) was a leading British social scientist, magistrate, academic and public servant. She was also a life peer (Baroness Wootton of Abinger) and the first woman to sit on the Woolsack in the House of Lords as Deputy Speaker. One of the Royal Commissions on which she served was on the Penal System, (1964) and two of the Departmental Committees were on the Business of the Criminal Courts (1958) and Criminal Statistics (1963). Of her written work perhaps the most famous is `Social Science and Social Pathology` (published in 1959) which was an attempt to discover what the social sciences had to say about criminality, its causes and its social effects. This book examines her career in historical context, and her contribution to thinking and scholarship on a range of topics. These topics range from the courts and the penal system and her report on the Community Service Order, to crime and criminal law and her analysis of the notions of mens rea, to her work on psychiatry and criminal justice. It explores her contribution as a utilitarian critic in Criminology, within the British empiricist tradition. Written in a clear and direct style, this book will appeal to students and scholars of criminology, sociology, criminal justice, law and all those interested in learning more about Barbara's life and times.
Offering insights based on years of original research, Redefining Murder, Transforming Emotion: An Exploration of Forgiveness after Loss Due to Homicide investigates the ideas and experiences of individuals who have lost loved ones to homicide (co-victims) in order to advance our understanding of the emotional transformation of forgiveness. It stands at the crux of two vibrant, growing fields: criminal victimology and the sociology of emotion. Analysis of 36 intensive interviews with co-victims and three years of participant observation of self-help groups and other victim-centered events offers a multidimensional understanding of forgiveness. Specifically, this book answers the questions of "What?," "When?," "How?," and "Why?" forgiveness occurs by exploring co-victims' ideas about forgiveness, the differential experiences of various groups of people, the processes through which forgiveness occurs in a variety of extreme circumstances of homicide, and co-victims' motivations toward forgiveness. The book concludes with commentary on overarching conclusions based on this work; theoretical and practical implications; suggestions for directions for future inquiry; and an in-depth account of the methodological strategies employed to gather such rich and nuanced data. This book will appeal to academics and students alike, within relevant fields, including sociology, criminology, restorative justice, victim services, psychology, and social welfare, as well as individuals seeking a better understanding of their own experiences, including co-victims or others whose lives have been altered by extreme forms of violence and upheaval. Its detailed postscript will also serve well those interested in qualitative methodology in social science research.
In 1906 a white lawyer named Dabney Marshall argued a case before
the Mississippi Supreme Court demanding the racial integration of
juries. He carried out a plan devised by Mississippi's foremost
black lawyer of the time: Willis Mollison. Against staggering odds,
and with the help of a friendly newspaper editor, he won. How
Marshall and his allies were able to force the court to overturn
state law and precedent, if only for a brief period, at the behest
of the U.S. Supreme Court is the subject of "Jury Discrimination,"
a book that explores the impact of the Civil War and Reconstruction
on America's civil rights history.
Karl Llewellyn described Thomas Scrutton as 'the greatest English-speaking commercial judge of a century'. Scrutton played a key role in a number of politically sensitive court cases from the Great War to the 1930s. This biography draws on unpublished sources to evaluate his contribution as counsel, campaigner and judge in a number of areas: the development of a modern law of copyright; the checking of executive power in and after the Great War; and his attempt to develop English commercial law on a basis which reflected the practices and expectations of the commercial community. In addition to providing valuable insights into the nature of legal practice and advancement in the Victorian and Edwardian eras, the book examines Llewellyn's claim that Scrutton adopted a 'realist' approach to the development of commercial law, and uses the body of Scrutton's judgments to explore the limits of a 'realist' approach to jurisprudence.
The Routledge Handbook on American Prisons is an authoritative volume that provides an overview of the state of U.S. prisons and synthesizes the research on the many facets of the prison system. The United States is exceptional in its use of incarceration as punishment. It not only has the largest prison population in the world, but also the highest per-capita incarceration rate. Research and debate about mass incarceration continues to grow, with mounting bipartisan agreement on the need for criminal justice reform. Divided into four sections (Prisons: Security, Operations and Administration; Types of Offenders and Populations; Living and Dying in Prison; and Release, Reentry, and Reform), the volume explores the key issues fundamental to understanding the U.S. prison system, including the characteristics of facilities; inmate risk assessment and classification, prison administration and employment, for-profit prisons, special populations, overcrowding, prison health care, prison violence, the special circumstances of death row prisoners, collateral consequences of incarceration, prison programming, and parole. The final section examines reform efforts and ideas, and offers suggestions for future research and attention. With contributions from leading correctional scholars, this book is a valuable resource for scholars with an interest in U.S. prisons and the issues surrounding them. It is structured to serve scholars and graduate students studying corrections, penology, institutional corrections, and other related topics.
This volume addresses major issues and research in corrections and sentencing with the goal of using previous research and findings as a platform for recommendations about future research, evaluation, and policy. The last several decades witnessed major policy changes in sentencing and corrections in the United States, as well as considerable research to identify the most effective strategies for addressing criminal behavior. These efforts included changes in sentencing that eliminated parole and imposed draconian sentences for violent and drug crimes. The federal government, followed by most states, implemented sentencing guidelines that greatly reduced the discretion of the courts to impose sentences. The results were a multifold increase in the numbers of individuals in jails and prisons and on community supervision-increases that have only recently crested. There were also efforts to engage prosecutors and the courts in diversion and oversight, including the development of prosecutorial diversion programs, as well as a variety of specialty courts. Penal reform has included efforts to understand the transitions from prison to the community, including federal-led efforts focused on reentry programming. Community corrections reforms have ranged from increased surveillance through drug testing, electronic monitoring, and in some cases, judicial oversight, to rehabilitative efforts driven by risk and needs assessment. More recently, the focus has included pretrial reform to reduce the number of people held in jail pending trial, efforts that have brought attention to the use of bail and its disproportionate impact on people of color and the poor. This collection of chapters from leading researchers addresses a wide array of the latest research in the field. A unique approach featuring responses to the original essays by active researchers spurs discussion and provides a foundation for developing directions for future research and policymaking.
Law, Judges and Visual Culture analyses how pictures have been used to make, manage and circulate ideas about the judiciary through a variety of media from the sixteenth century to the present. This book offers a new approach to thinking about and making sense of the important social institution that is the judiciary. In an age in which visual images and celebrity play key roles in the way we produce, communicate and consume ideas about society and its key institutions, this book provides the first in-depth study of visual images of judges in these contexts. It not only examines what appears within the frame of these images; it also explores the impact technologies and the media industries that produce them have upon the way we engage with them, and the experiences and meanings they generate. Drawing upon a wide range of scholarship - including art history, film and television studies, and social and cultural studies, as well as law - and interviews with a variety of practitioners, painters, photographers, television script writers and producers, as well as court communication staff and judges, the book generates new and unique insights into making, managing and viewing pictures of judges. Original and insightful, Law, Judges and Visual Culture will appeal to scholars, postgraduates and undergraduates from a variety of disciplines that hold an interest in the role of visual culture in the production of social justice and its institutions.
Winner of the Inner Temple book prize 2015 and the Socio-Legal Studies Association Book prize 2014/15 The House of Lords, for over 300 years the UK's highest court, was transformed in 2009 into the UK Supreme Court. This book provides a compelling and unrivalled view into the workings of the Court during its final decade, and into the formative years of the Supreme Court. Drawing on over 100 interviews, including more than 40 with Law Lords and Justices, and uniquely, some of their judicial notebooks, this is a landmark study of appellate judging 'from the inside' by an author whose earlier work on the House of Lords has provided a scholarly benchmark for over 30 years. The book demonstrates that appellate decision-making in the UK's final court remains a social and collective process, primarily because of the dialogues which take place between the judges and the key groups with which they interact when reaching their decisions. As the book shows, the forms of dialogue are now more varied, yet the most significant dialogues continue to be with their fellow Law Lords and Justices, and with counsel. To these, new dialogues have been added, namely those with foreign courts (especially Strasbourg) and with judicial assistants, which have subtly altered the tenor and import of their other dialogues. The research reveals that, unlike the English Court of Appeal, the House of Lords in its last decade was only intermittently collegial since Lord Bingham's philosophy of appellate judging left opinion writing, concurrences and dissents largely to individual preference. In the Supreme Court, however, there has been a marked shift to team working and collective decision-making bringing with it challenges and occasional tensions not seen in the final years of the House of Lords. The work shows that effectiveness in group-decision making in the final court turns in part on the stages when dialogues occur, in part on the geography of the court and in part on the task leadership and social leadership skills of the judges involved in particular cases. The passing of the Human Rights Act and the expansion in judicial review over the last 30 years have dramatically altered the two remaining dialogues - those with Parliament and with the Executive. With the former, the dialogue has grown more distant, with the latter, more problematic, than was the case 40 years ago. The last chapter rehearses where the changing dialogues have left the UK's final court. Ironically, despite the oft applauded commitment of the new Court to public visibility, the book concludes that even greater transparency in the dialogue with the public may be required. 'The way appellate judges at the highest level behave to each other, to counsel, with other branches of government and with other courts is brought under closer scrutiny in this book than ever before...The remarkable width and depth of his examination...has resulted in a work of real scholarship, which all those who are interested in how appellate courts work all over the common law world will find especially valuable.' From the foreword by Lord Hope of Craighead KT 'Alan Paterson's knowledge and interest in the Supreme Court, coupled with his expertise as a lawyer who understands the legal system and the judicial process, make him a perfect chronicler and assessor of what the Court's role is and what it should be, and how it functions and how it might improve.' Lord Neuberger, President of the Supreme Court
- Includes case studies offering insight into famous historical cases and contemporary practicing laboratories. - Represents the first publication to offer a comprehensive introduction to the topic for beginners. - Written by an experienced professional working in the field.
Originally published in 1991, this book traces the evolution of the House of Lords as a court for private litigation during the critically important years from 1621 to 1675. It offers new insights into contemporary politics, government and religion, adding an important dimension to our understanding of the House of Lords. This book is primary reading for advanced undergraduates and postgraduate students on courses on early Stuart England, the Civil War and Restoration history.
Bringing together a variety of diverse international contributors from the Convict Criminology community, Convict Criminology for the Future surveys the historical roots of Convict Criminology, the current challenges experienced by formerly incarcerated people, and future directions for the field. Over the past two decades research has been conducted in the field of Convict Criminology, recognizing that the convict voice has long been ignored or marginalized in academia, criminal justice practice, and public policy debates. This edited volume provides a much-needed update on the state of the field and how it has evolved. Seven primary themes are examined. Historical underpinnings of Convict Criminology Adaptations to prison life Longstanding challenges for prisoners and formerly incarcerated people Post-secondary education behind bars The expansion of Convict Criminology beyond North America Conducting scholarly research in carceral settings Future directions in Convict Criminology A global line up of contributors, from the fields of Criminology, Criminal Justice, Law, Political Science, and Sociology, comprehensively tackle each topic, reviewing causes, reactions, and solutions to challenges. The volume also includes a chronology of significant events in the history of Convict Criminology. Integrating current events with research using a variety of methods in scholarly analysis, Convict Criminology for the Future is invaluable reading for students and scholars of corrections, criminology, criminal justice, law, and sociology.
Bringing together a variety of diverse international contributors from the Convict Criminology community, Convict Criminology for the Future surveys the historical roots of Convict Criminology, the current challenges experienced by formerly incarcerated people, and future directions for the field. Over the past two decades research has been conducted in the field of Convict Criminology, recognizing that the convict voice has long been ignored or marginalized in academia, criminal justice practice, and public policy debates. This edited volume provides a much-needed update on the state of the field and how it has evolved. Seven primary themes are examined. Historical underpinnings of Convict Criminology Adaptations to prison life Longstanding challenges for prisoners and formerly incarcerated people Post-secondary education behind bars The expansion of Convict Criminology beyond North America Conducting scholarly research in carceral settings Future directions in Convict Criminology A global line up of contributors, from the fields of Criminology, Criminal Justice, Law, Political Science, and Sociology, comprehensively tackle each topic, reviewing causes, reactions, and solutions to challenges. The volume also includes a chronology of significant events in the history of Convict Criminology. Integrating current events with research using a variety of methods in scholarly analysis, Convict Criminology for the Future is invaluable reading for students and scholars of corrections, criminology, criminal justice, law, and sociology.
- Includes case studies offering insight into famous historical cases and contemporary practicing laboratories. - Represents the first publication to offer a comprehensive introduction to the topic for beginners. - Written by an experienced professional working in the field.
Should mediation be used in all family disputes?Is the time right for apology legislation in Singapore?What can mediators learn from improvisation theatre & neuro-linguistic programming?As the field of mediation continues to grow, so do the issues that face the modern mediator. Contemporary Issues in Mediation-Volume 2 provides a valuable launch-point for readers seeking answers to these questions, collecting the very best entries selected by leaders in the mediation and negotiation field - Prof. Joel Lee (National University of Singapore) and Marcus Lim (Singapore International Mediation Institute). This edition includes three essays on family mediation, and is an especially valuable addition to professionals working with family mediation.
For most of the 20th Century, sentencing purposes and procedures
were virtually the same in all American jurisdictions. The primary
sentencing goal was rehabilitation, to be accomplished mostly in
prison. To achieve this goal, judges and parole boards were given
broad discretionary powers. In the 1970s, legal scholars and
critics began to question such unfettered discretion, and to
advocate for a system of prison-as-punishment, not as moral
reeducation. Lawmakers began to experiment with mandatory penalties
and other limits on sentencing discretion. These changes broke the
previously uniform standard of sentencing in America. Today,
sentencing purposes and procedures vary wildly between different
state and federal jurisdictions. Our fragmented sentencing system
has contributed to unprecedented increases in prison and jail
inmate populations, disproportionately affecting racial minorities
and creating a staggering drain on state budgets. The systems in
most jurisdictions are disorganized, expensive, and unfair. We need
a new vision, and a new way forward.
The International People's Tribunal addressed the many forms of violence during the period of the massacres of 1965-1966 in Indonesia. It was held in The Hague, The Netherlands, in November 2015, to commemorate fifty years since the killings began. The Tribunal, as a people's court, holds no jurisdiction and was an attempt to achieve symbolic justice for the crimes of 1965. This book offers new and previously unpublished insights into the types of crimes committed in the 1965 genocide and how these crimes were prosecuted at the International People's Tribunal for 1965. Divided thematically, each chapter analyses a different crime - enslavement, sexual violence, torture - perpetrated during the Indonesian killings. The contributions consider either general patterns across Indonesia or a particular region of the archipelago. The book reflects on how crimes were charged at the International People's Tribunal for 1965 and focuses on questions relating to the place of people's tribunals in truth-seeking and justice claims, and the prospective for transitional justice in contemporary Indonesia. Positioning the events in Indonesia in 1965 within the broader scope of comparative genocide studies, the book is an original and timely contribution to knowledge about the dynamics of the Indonesian killings. It will be of interest to academics in the field of Asian studies, in particular Southeast Asia, Genocide Studies, Criminology and Criminal Justice and Transitional Justice Studies.
In the more than 30 years since the drug court model transformed the criminal justice landscape, problem-solving courts have expanded their reach beyond criminogenic needs. They now address demographic similarities (e.g., veterans courts, tribal wellness courts, community courts) and offense characteristics (e.g., prostitution courts, sex offender courts). The rapid expansion of problem-solving courts to meet many different individuals suggests this template is appropriate and adaptable to just about any categorical characteristic. This book calls on problem-solving court experts to offer a fresh perspective on the evolving discourse on these courts' proliferation. Contributors describe diverse applications of the problem-solving court model while critically appraising these niche courts' evidence. This book provides a comprehensive account to date of how problem-solving courts are continuing to revolutionize justice. This collective body of work strengthens our understanding of their placement in the throes of a call for meaningful criminal justice reform.Taking Problem-Solving Courts to Scale is presented in three sections to address specialty courts focused on criminogenic needs, individual characteristics, and offense characteristics. At the outset of each section, the editors describe the courts' purpose falling under these broad categories and highlight key elements from the chapters falling within.
AS NIGHT FALLS, A KILLER COMES TO LIGHT... 'An authentic, topical and terrifying thriller: one of Michael Connelly's very best.' THE TIMES 'The Dark Hours is yet another superb thriller from a writer at the top of his game' SUNDAY EXPRESS 'Consistently excellent ... The plotting is as skilful as ever, and the pacing as relentless' MAIL ON SUNDAY On New Year's Eve at the end of one of the hardest years in history, hundreds of revellers shoot their guns into the air in time-honoured LA tradition. But as the rain of lead comes down, a man is shot dead in the middle of a crowded street party. Detective Renee Ballard soon connects the bullet to an unsolved cold case last worked by legendary ex-LAPD detective Harry Bosch. As they investigate where the old and new cases connect, a new crime shatters the night shift. The Midnight Men are a pair of violent predators who stalk the city during the dark hours, and will kill to keep their identities secret. In a police department shaken to the core by pandemic and protests, both cases have the power to save Ballard's belief in the job - or take everything from her... * * * * * CRIME DOESN'T COME BETTER THAN CONNELLY. 'One of the very best writers working today' Sunday Telegraph 'The pre-eminent detective novelist of his generation' Ian Rankin 'A superb natural storyteller' Lee Child 'A master' Stephen King 'Crime thriller writing of the highest order' Guardian 'America's greatest living crime writer' Daily Express 'A crime writing genius' Independent on Sunday
The Supreme Court's Role in Mass Incarceration illuminates the role of the United States Supreme Court's criminal procedure revolution as a contributing factor to the rise in U.S. incarceration rates. Noting that the increase in mass incarceration began climbing just after the Warren Court years and continued to climb for the next four decades-despite the substantial decline in the crime rate-the author posits that part of the explanation is the Court's failure to understand that a trial system with robust rights for defendants is not a strong trial system unless it is also reliable and efficient. There have been many explanations offered for the sudden and steep escalation in the U.S. incarceration rate, such as "it was the war on drugs" to "it was our harsh sentencing statutes." Those explanations have been shown to be inadequate. This book contends that we have overlooked a more powerful force in the rise of our incarceration rate-the long line of Supreme Court decisions, starting in the Warren Court era, that made the criminal justice system so complicated and expensive that it no longer serves to protect defendants. For the vast majority of defendants, their constitutional rights are irrelevant, as they are forced to accept plea bargains or face the prospect of a comparatively harsh sentence, if convicted. The prospect of a trial, once an important restraint on prosecutors in charging, has disappeared and plea-bargaining rules. This book is essential reading for both graduate and undergraduate students in corrections and criminal justice courses as well as judges, attorneys, and others working in the criminal justice system.
The Supreme Court's Role in Mass Incarceration illuminates the role of the United States Supreme Court's criminal procedure revolution as a contributing factor to the rise in U.S. incarceration rates. Noting that the increase in mass incarceration began climbing just after the Warren Court years and continued to climb for the next four decades-despite the substantial decline in the crime rate-the author posits that part of the explanation is the Court's failure to understand that a trial system with robust rights for defendants is not a strong trial system unless it is also reliable and efficient. There have been many explanations offered for the sudden and steep escalation in the U.S. incarceration rate, such as "it was the war on drugs" to "it was our harsh sentencing statutes." Those explanations have been shown to be inadequate. This book contends that we have overlooked a more powerful force in the rise of our incarceration rate-the long line of Supreme Court decisions, starting in the Warren Court era, that made the criminal justice system so complicated and expensive that it no longer serves to protect defendants. For the vast majority of defendants, their constitutional rights are irrelevant, as they are forced to accept plea bargains or face the prospect of a comparatively harsh sentence, if convicted. The prospect of a trial, once an important restraint on prosecutors in charging, has disappeared and plea-bargaining rules. This book is essential reading for both graduate and undergraduate students in corrections and criminal justice courses as well as judges, attorneys, and others working in the criminal justice system.
Dispute Resolution in Islamic Finance addresses how best to handle disputes within Islamic finance. It examines how they can be resolved in a less confrontational manner and ensure such disagreements are settled in a just and fair way. There has been little focus on how disputes within Islamic finance are resolved. As a result, many of these disputes are resolved through litigation, notwithstanding that the various jurisdictions and court systems are generally poorly equipped to handle such matters. This book addresses this gap in our knowledge by focusing on five centres of Islamic finance: the United Kingdom, the United States of America, Malaysia, the Kingdom of Saudi Arabia and the United Arab Emirates. Before exploring these countries in detail, the book considers the issues of the choice of law within Islamic finance as well the prevailing forms of dispute resolution in this form of finance. The book brings together a group of leading scholars who are all specialists on the subject in the countries they examine. It is a key resource for students and researchers of Islamic finance, and aimed at lawyers, finance professionals, industry practitioners, consultancy firms, and academics. |
![]() ![]() You may like...
The Law of Evidence: Cases and Statutes…
S.S. Terblanche, B.C. Naude
Paperback
Introduction To Legal Pluralism In South…
C. Rautenbach
Paperback
![]()
Principles Of Evidence
P.J. Schwikkard, S.E. Van Der Merwe
Paperback
![]()
|