This book is an in-depth study of EU judicial language and its impact on the language of national judges. It is the first comprehensive study of the judicial variety of the Polish Eurolect. The book applies the intertextual relation of textual fit and corpora of EU and Polish judgments to empirically measure the linguistic distance between translations and non-translations. It analyzes both the level of genre macrostructure and the microstructure (lexis and grammar, formulaicity, terminology). This interdisciplinary monograph explores a distinct European, translation-shaped variety of judicial language which departs from the conventions of judicial Polish. The volume is essential reading for researchers in legal linguistics, legal translation and genre analysis.

There is an urgent need to better understand the legal issues pertaining to alternative dispute resolution (ADR), particularly in relation to mediation clauses. Despite the promotion of mediation by dispute resolution providers, policy makers, and judges, use of mediation remains low. In particular, problems arise when parties lack certainty regarding the legal effect of a mediation clause, and the potential uncertainty regarding the binding nature of agreements to pursue mediation is problematic and threatens the growth of ADR. This book closely examines the importance and complexity of mediation clauses in commercial contracts to remedy this persistent uncertainty. Using comparative law methods and detailed empirical research, it explores the creation of a comprehensive framework for the mediation clause. Providing valuable insight into the process of ADR and mediation, this book will be of interest to academics, law makers, law students, in-house council, lawyers, as well as parties interesting in drafting enforceable mediation clauses.

On September 27, 2019, the Institute for Energy and Regulatory Law Berlin and the Hellenic Energy Regulation Institute hosted in Athens an international congress on Energy Arbitration and Judicial Dispute Settlement. The contributions in this book reflect the wide range of current subjects dealt with, spanning from the representative actions in the energy sector over the landmark Achmea judgment of the European Court of Justice to the dynamic relationship between the principle of autonomy of EU Law and investment arbitration.

Stratified Policing seeks to facilitate organizational change for crime reduction by providing a clear and adaptable structure for analysis, problem solving, and accountability. The purpose of this book is to outline the theoretical and practical foundations of Stratified Policing as well as its components and specific guidance for police departments to tailor the approach and implement it into their day-to-day operational crime reduction efforts. The material is well grounded in theory, research, and best practices and well cited; however, the presentation and language will be suited for the practitioner/professional audience. The book is a culmination of the authors 15 years of work and will synthesize their research, other publications on Stratified Policing, and provide new material for police leaders and professionals who are seeking an organizational structure to institutionalize crime reduction strategies into their day to day operations. The book has a very practical voice as both authors have been practitioners and have worked with many police agencies implementing and evaluating the strategies discussed in the book.

This thorough and detailed book provides a comprehensive analysis of the various ways in which laws and rules are produced and lays the foundations for a more systematic understanding of lawmaking as a production process. Leading scholars and experts provide coverage and insight on key issues such as the optimal specificity and timing of legal intervention, the nature of expressive law, the production of customary law, and the effect of social norms and social stigma on legal compliance. The original essays shed new light on important issues concerning the institutional design of lawmaking through the lens of economic analysis and public choice theory, and together form an important reference tool. This state-of-the-art resource forms part of the Encyclopedia of Law and Economics, and will appeal strongly to researchers and postgraduate students from both law and economics backgrounds.

Family Activism in the Aftermath of Fatal Violence explores how family and family activism work at the intersection of personal and public troubles and considers what influence family testimonies of fatal violence can have on matters of crime, justice, and punishment. The problem of fatal violence represents one end of a long continuum of violence that marks society, the effects of which endure in families and friends connected through ties of kinship, identity and social bonds. The aftermath of fatal violence can therefore be an intensely personal encounter which confronts families with disorder and uncertainty. Nevertheless, bereaved families are often found at the forefront of efforts to expose injustice, rouse public consciousness, and drive forward social change that seeks to prevent violence from happening again. This book draws upon ethnographic research with those bereaved by gun violence who became involved in family activism in the context of fatal violence: namely, the attempts by bereaved families to manage their experiences of violent death through public expressions of grief and become proxies for wider debates on social injustice. This is an ever more pressing issue in a landscape which increasingly sees the delegation of responsibility to families and communities that are left to deal with the aftermath of violence. An accessible and compelling read, this book will appeal to students and scholars of criminology, sociology, cultural studies, and all those interested in learning more about the after-effects of fatal violence.

Genocide and Victimology examines genocide in its diverse features, from different yet connected perspectives, to offer an interdisciplinary, victimological imagination of genocide. It will include in its exploration critical and cultural victimologies and criminologies of genocide, accompanied by, and recognising, the rich scholarship on genocide in the fields of religion and history, theatre studies and photography, philosophy and existentialism, post-colonialism, and ethnography and biography. Bringing together theory with empirical research and drawing on a range of case studies, such as the Treblinka extermination camp, the Bosnian and Rwandan genocides, the Sagkeeng First Nation in Manitoba, Canada, and genocidal violence in Syria and Iraq, this book engages the victimological imagination towards an interdisciplinary, cosmopolitan victimology of genocide. Bundled and intertwined, the wide yet integrated variety of perspectives on genocide gives readers a victimological kaleidoscope to discover, and for victimology hitherto, unexplored theory and methodology. This way, readers can develop their own more epistemologically, theoretically, and methodologically robust victimology of genocide-a victimology of genocide as envisioned by Nicole Rafter. The book hopes to canvas an understanding and a starting point for a diverse appreciation of genocide victimhood and survivorship from which the real post-genocidal harms and sites, post-traumatic stress disorder, courts and tribunals, and overall meaningful justice will benefit. Written in a clear and direct style, this book will appeal to students and scholars in criminology, sociology, cultural studies, philosophy, history, religious studies, English literature, and all those concerned with not repeating a history of genocide.

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.

Of the 347 U.S. false criminal convictions overturned so far through DNA testing, 73 percent were based on erroneous eyewitness testimony. How could so many eyewitnesses be wrong? This book answers this question. The analysis of the U.S. Supreme Court eyewitness cases shows that most of the Court's holdings were likely in error. The Court-like the judges and juries in the courts below-greatly overestimated the reliability of eyewitnesses against the defendants and decided their convictions based on unsound evidence. The facts of the cases and personalities of the defendants are engaging and compelling. An expert is needed to inform the judge and the jury of the circumstances to consider when weighing the testimony of the witness against the facts of the case. It is a clear violation of Due Process to deny the defendant the provision of an expert witness in all cases where the eyewitness testimony lacks corroboration. Research assessing both cross-examination and jury instructions makes it abundantly clear that neither can effectively provide courts with the counterintuitive information necessary to evaluate eyewitness reliability: denial of an expert is denial of Due Process.

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.

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.

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.

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.

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.

- 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.

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.

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.

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.

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.

Exploring the little-known history behind the legal doctrine of prior appropriation-"first in time is first in right"-used to apportion water resources in the western United States, this book focuses on the important case of Wyoming v. Colorado (1922). U.S. Supreme Court Associate Justice Willis Van Devanter, a former Chief Justice of Wyoming, ruled in that state's favor, finding that prior appropriation applied across state lines-a controversial opinion influenced by cronyism. The dicta in the case, that the U.S. Government has no interest in state water allocation law, drove the balkanization of interstate water systems and resulted in the Colorado River Interstate Compact between Wyoming, Colorado, Utah, New Mexico, Arizona, Nevada and California. The exhaustive research that has gone into this book has uncovered the secret that Associate Justice Van Devanter had waited eleven years to publish his opinion in this important, but politically self-serving, case, at last finding a moment when his senior colleagues were sufficiently absent or incapacitated to either concur or dissent. Without the knowledge of his "brethren," save his "loyal friend" Taft, and without recusal, Van Devanter unilaterally delivered his sole opinion to the Clerk for publication on the last day of the Supreme Court's October 1921 Term.

Incarcerating Motherhood explores how initial short period in prisons can negatively impact mothers and their children. We have much yet to understand about the enduring harms caused by first time incarceration, especially for minimal time periods and for mothers with dependent children. With large numbers of female prisoners currently incarcerated for short periods in England and Wales (either on short sentences or remand), many of whom are primary caregivers, this book asks: what kind of impact does this imprisonment has on both parent and child in the long term? Based on original research, the experiences of sixteen mothers are presented to voice the material, physical and emotional consequences of short-term imprisonment. The book explores to what extent these mothers lose their sense of identity in a short space of time, whether this continues to affect them post-custody, and what level of support they are provided during and post-custody. This book also explores what bearing the initial separation and the care provided during the mother's absence will have on their children's lives, as well as whether the affects of imprisonment on the mother also increase the vulnerability of her children. Incarcerating Motherhood provides a platform for readers to hear how a 'short sharp shock' can cause enduring harms to an already vulnerable group in society and how even short-term imprisonment have long-lasting and multi-dimensional consequences.

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.

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 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.
Christopher Waldrep traces the origins of Americans' ideas about trial by jury and provides the first detailed analysis of jury discrimination. Southerners' determination to keep their juries entirely white played a crucial role in segregation, emboldening lynchers and vigilantes like the Ku Klux Klan. As the postbellum Congress articulated ideals of national citizenship in civil rights legislation, most importantly the Fourteenth Amendment, factions within the U.S. Supreme Court battled over how to read the amendment: expansively, protecting a variety of rights against a host of enemies, or narrowly, guarding only against rare violations by state governments. The latter view prevailed, entombing the amendment in a narrow interpretation that persists to this day.
Although the high court clearly denounced the overt discrimination enacted by state legislatures, it set evidentiary rules that made discrimination by state officers and agents extremely difficult to prove. Had these rules been less onerous, Waldrep argues, countless black jurors could have been seated throughout the nation at precisely the moment when white legislators and jurists were making and enforcing segregation laws. Marshall and Mollison's success in breaking through Mississippi law to get blacks admitted to juries suggests that legal reasoning plausibly founded on constitutional principle, as articulated by the Supreme Court, could trump even the most stubbornly prejudiced public opinion.