In an age when everyone aspires to teach critical thinking skills in the classroom, what does it mean to be a subversive law teacher? Who or what might a subversive law teacher seek to subvert - the authority of the law, the university, their own authority as teachers, perhaps? Are law students ripe for subversion, agents of, or impediments to, subversion? Do they learn to ask critical questions? Responding to the provocation in the classic book Teaching as a Subversive Activity, by Postman and Weingartner, the idea that teaching could, or even should, be subversive still holds true today, and its premise is particularly relevant in the context of legal education. We therefore draw on this classic book to discuss, in the present volume, the consideration of research into legal education as lifetime learning, as creating meaning, as transformative and as developing world-changing thinking within the legal context. The volume offers research into classroom experiences and theoretical and historical interrogations of what it means to teach law subversively. Primarily aimed at legal educators and doctoral students in law planning careers as academics, its insights speak directly to tensions in higher education more broadly.

International commercial arbitration and litigation are often seen as competing fora, fields of law, or markets. This intersection is at its highest at the forefront of any proceedings, at the jurisdictional stage. The analysis of jurisdictional issues at the forefront of an arbitration has been confined in a descriptive analysis of the law and jurisprudence, dealing with jurisdictional intersections almost in a mechanistic manner. These are not, however, issues which can be treated as mere mechanical rules. They are issues pertaining to core notions of authority, sovereignty, their origins and their allocation. At the same time, the pragmatic and practical domination of party autonomy is a fact which cannot be disregarded when one considers the normative and theoretical foundations of any model of dealing with these issues. This book moves beyond an analysis of arbitration and jurisdiction clauses to reconcile theory and practice, and provides an underlying theoretical model to explain and regulate jurisdictional intersections at the early stages of an arbitration from a private international law perspective. It combines both an in-depth engagement with the theoretical literature as well as a close examination and analysis of its practical consequences in the form of a restatement of the law of England and Wales. From a methodological perspective, it utilises contemporary theories in private international law to propose a coherent model of regulating arbitral jurisdictions which promotes autonomy and freedom of the parties at this stage. Demonstrating, first, how the theoretical model can be applied in practice and, second, to provide a basis for a potential future top-down or bottom-up approach of adopting the proposed model, it includes a succinct and practical codification of the current state of affairs in relation to the whole spectrum of jurisdictional issues in England and Wales to serve as a useful tool for practitioners considering jurisdictional issues both from the perspective of State courts and from the perspective of arbitral tribunals, as well as academics researching in these areas.

* Presents a detailed picture of the operations of Halden Prison and the principles and policies of the Norwegian correctional service. * Offers lessons for incorporating practices of humane care and custody of imprisoned populations. * Essential reading for academics and students engaged in the study of criminology, corrections, and penology, as well as practitioners, administrators, judges, policymakers, and advocates.

An exploration of how and why the Constitution's plan for independent courts has failed to protect individuals' constitutional rights, while advancing regressive and reactionary barriers to progressive regulation. Just recently, the Supreme Court rejected an argument by plaintiffs that police officers should no longer be protected by the doctrine of "qualified immunity" when they shoot or brutalize an innocent civilian. "Qualified immunity" is but one of several judicial inventions that shields state violence and thwarts the vindication of our rights. But aren't courts supposed to be protectors of individual rights? As Aziz Huq shows in The Collapse of Constitutional Remedies, history reveals a much more tangled relationship between the Constitution's system of independent courts and the protection of constitutional rights. While doctrines such as "qualified immunity" may seem abstract, their real-world harms are anything but. A highway patrol officer stops a person's car in violation of the Fourth Amendment, violently yanked the person out and threw him to the ground, causing brain damage. A municipal agency fires a person for testifying in a legal proceeding involving her boss's family-and then laughed in her face when she demanded her job back. In all these cases, state defendants walked away with the most minor of penalties (if any at all). Ultimately, we may have rights when challenging the state, but no remedies. In fact, federal courts have long been fickle and unreliable guardians of individual rights. To be sure, through the mid-twentieth century, the courts positioned themselves as the ultimate protector of citizens suffering the state's infringement of their rights. But they have more recently abandoned, and even aggressively repudiated, a role as the protector of individual rights in the face of abuses by the state. Ironically, this collapse highlights the position that the Framers took when setting up federal courts in the first place. A powerful historical account of the how the expansion of the immunity principle generated yawning gap between rights and remedies in contemporary America, The Collapse of Constitutional Remedies will reshape our understanding of why it has become so difficult to effectively challenge crimes committed by the state.

The book takes a stimulating and fresh look at the classical question: Who rules Japan? Seven highly informative analyses explore to what extent the 2001 judicial reforms have already transformed the Japanese state and paved the way for Japan's gradual shift from its (in)famous administrative governance model to a judicial state with the 'rule of law' at its center and a broader participation of citizens in the various spheres of public life.' - Harald Baum, Max Planck Institute for Comparative and International Private Law, GermanyThe dramatic growth of the Japanese economy in the post-war period, and its meltdown in the 1990s, generated major reform recommendations in 2001 from the Justice System Reform Council aimed at greater civic engagement with law. This timely book examines the regulation and design of the Japanese legal system and contributes a legal perspective to the long-standing debate in Japanese Studies: who governs Japan? Who Rules Japan? explores the extent to which a new Japanese state has emerged from this reform effort - one in which the Japanese people participate more freely in the legal system and have a greater stake in Japan's future. Expert contributors from across the globe tackle the question of whether Japan is now a judicial state, upturning earlier views of Japan as an administrative state. The book explores well-known reforms, such as lay participation in criminal justice, but also less well-canvassed topics such as industrial relations, dispute resolution, government lawyers, law within popular culture in Japan, and social welfare and the law. The blend of empiricism, policy analysis, theory and doctrine provides a discerning insight into the impact of the law reform initiatives from the Justice System Reform Council. Legal academics interested in comparative law broadly and Asian law specifically will find this book an indispensable contribution to the literature, offering a unique insight into the changing Japanese legal system. Students and scholars of Japanese Studies, especially the social sciences, will find clarity in this refreshing legal viewpoint of governance in contemporary Japan. Contributors: K. Anderson, T. Araki, S. Green, D.T. Johnson, S. Kozuka, C. Lawson, T. Ryan, L. Nottage, S. Shinomiya, L. Wolff

Cultural Expertise, Law and Rights introduces readers to the theory and practice of cultural expertise in the resolution of conflicts and the claim of rights in diverse societies. Combining theory and case-studies of the use of cultural expertise in real situations, and in a great variety of fields, this is the first book to offer a comprehensive examination of the field of cultural expertise: its intellectual orientations, practical applications, and ethical implications. This book engages an extensive and interdisciplinary variety of topics - ranging from race, language, sexuality, Indigenous rights, and women's rights to immigration and asylum laws, international commercial arbitration, and criminal law. It also offers a truly global perspective covering cultural expertise in Africa, Asia, Australia, Europe, Latin America, Middle East and North America. Finally, the book offers theoretical and practical guidance for the ethical use of cultural expert knowledge. This is an essential volume for teachers and students in the social sciences - especially law, anthropology, and sociology - and members of the legal professions who engage in cross-cultural dispute resolution, asylum and migration, private international law, and other fields of law in which cultural arguments play a role.

This Handbook brings together the voices of a range of contributors interested in the many varied experiences of women in criminal justice systems, and who are seeking to challenge the status quo. Although there is increasing literature and research on gender, and certain aspects of the criminal justice system (often Western focused), there is a significant gap in the form of a Handbook that brings together these important gendered conversations. This essential book explores research and theory on how women are perceived, handled, and experience criminal justice within and across different jurisdictions, with particular consideration of gendered and disparate treatment of women as law-breakers. There is also consideration of women's experiences through an intersectional lens, including race and class, as well as feminist scholarship and activism. The Handbook contains 47 unique chapters with nine overarching themes (Lessons from history and theory; Routes into the criminal justice system; Intersectionality; Sentencing and the courts and community punishments; Specific offences; Incarcerated women's experiences; Mothers and families; Rehabilitation and reintegration; Practitioner relationships), and each theme includes contributions from different countries as well as the experiences of contributors from different stages in their own journey. International and interdisciplinary in scope, this Handbook is essential reading for scholars and students of criminology, sociology, social policy, social work, and law. It will also be of interest to practitioners, such as social workers, probation officers, prison officers, and policy makers.

The Handbook of Mediation gathers leading experts across fields related to peace, justice, human rights, and conflict resolution to explore ways that mediation can be applied to a range of spectrums, including new age settings, relationships, organizations, institutions, communities, environmental conflicts, and intercultural and international conflicts. The text is informed by cogent theory, state-of-the-art research, and best practices to provide the reader with a well-rounded understanding of mediation practice in contemporary times. Based on four signature themes-contexts; skills and competencies; applications; and recommendations-the handbook provides theoretical, applicable, and practical insight into a variety of key approaches to mediation. Authors consider modern conflict on a local and global scale, emphasizing the importance of identifying effective strategies, foundations, and methods to shape the nature of a mediation mindfully and effectively. With a variety of interdisciplinary perspectives, the text complements the development of the reader's competencies and understanding of mediation in order to contribute to the advancement of the mediation field. With a conversational tone that will welcome readers, this comprehensive book is essential reading for students and professionals wanting to learn a wide range of potential interventions for conflict.

1. Bringing together chapters co-authored by academics and practitioners, this book will find a market as a supplementary book for students and a book on best-practice for professionals. Each chapter has a set structure to ensure consistency. 2. This book will be particularly useful for universities offering qualifications for trainee probation officers in the UK, as well as Criminology students taking courses on criminal justice, penology, rehabilitation and working with offenders.

Clear and accessible writing style which is concise without oversimplification is ideal for those who are looking for a straightforward, easy-to-follow textbook on the Law of Evidence in England and Wales Contains numerous extracts from cases and judgments framed by author commentary, presenting students with a wide range of legal authority Utilises an innovative suite of pedagogic tools to support learning and develop understanding of the law, preparing students for assessment New chapter on evidence in arbitral tribunals and additional practice tips, as well as full updates to case law throughout.

In Arts in Corrections, the author-a poet, translator and teacher-takes readers on a chronological journey through an annotated selection of 24 of his own publications from 1981 to 2014 which recount his experiences teaching, consulting and documenting US arts programs in prisons, jails and juvenile facilities. Anyone interested in corrections and arts-in-corrections will be drawn in by the poetic sensibility Hillman brings to his writing. Readers will gain a historical and personal perspective not only into correctional arts programming in the US over the last 40 years, but also the institutional transformations in policy, culture, populations, economics, and the criminological mission expansion into other institutional settings like K-12 education. Original essays, articles, monographs and poems are interspersed with recent annotations to deliver not only a top-down view of the correctional system but also the author's personal journey of "discouragement and hope" from work conducted in approximately 200 adult and juvenile facilities in 30 states and six countries. This comprehensive book is essential reading for a broad cross-section of international readers interested in and involved in the arts-in-corrections field. With two million individuals behind bars in the US at any given time, the profile of arts programs in prisons and jails is rising and interest in criminal-justice matters more generally is increasing. This includes not only arts-in-corrections professionals, policy makers, students, researchers, advocates and academics, but professionals in multiple other fields as well as the general public.

A leading expert on the administrative state describes the past, present, and future of the immensely consequential-and equally controversial-legal doctrine that has come to define how Congress's laws are applied by the executive branch. The Constitution makes Congress the principal federal lawmaker. But for a variety of reasons, including partisan gridlock, Congress increasingly fails to keep up with the challenges facing our society. Power has inevitably shifted to the executive branch agencies that interpret laws already on the books and to the courts that review the agencies' interpretations. Since the Supreme Court's 1984 decision in Chevron v. Natural Resources Defense Council, this judicial review has been highly deferential: courts must uphold agency interpretations of unclear laws as long as these interpretations are "reasonable." But the Chevron doctrine faces backlash from constitutional scholars and, now, from Supreme Court justices who insist that courts, not administrative agencies, have the authority to say what the law is. Critics of the administrative state also charge that Chevron deference enables unaccountable bureaucratic power. Thomas Merrill reviews the history and immense consequences of the Chevron doctrine and suggests a way forward. Recognizing that Congress cannot help relying on agencies to carry out laws, Merrill rejects the notion of discarding the administrative state. Instead, he focuses on what should be the proper relationship between agencies and courts in interpreting laws, given the strengths and weaknesses of these institutions. Courts are better at enforcing the rule of law and constitutional values; agencies have more policy expertise and receive more public input. And, unlike courts, agencies are subject to at least some political discipline. The best solution, Merrill suggests, is not of the either-or variety. Neither executive agencies nor courts alone should pick up the slack of our increasingly ineffectual legislature.

This book provides a comprehensive analysis of the presumption of innocence from both a practical and theoretical point of view. Throughout the book a framework for the presumption of innocence is developed. The book approaches the right to presumption of innocence from an international human rights perspective using specific examples drawn from international criminal law. The result is a framework for understanding the right that is grounded in human rights law. This framework can then be applied across different national and international systems. When applied, it can help determine when the presumption of innocence is being infringed upon, eroded, violated, and ensure that the presumption of innocence is protected. The book is an essential resource for students, academics and practitioners working in the areas of human rights, criminal law, international criminal law, and evidence. The themes also have a more general application to national jurisdictions and legal theory.

Regulation and In-House Lawyers is a resource for SRA regulated lawyers working in-house for organisations which are not authorised by the SRA. This second edition has been updated to reflect the major regulatory changes introduced by the SRA Standards and Regulations in November 2019. The book explains the changes and their significance to in-house lawyers in particular, and provides guidance on regulatory compliance. It also covers key legislation such as the Money Laundering Regulations 2017, the Criminal Finances Act 2017, the EU General Data Protection Regulation and the Data Protection Act 2018, as well as recent Solicitors Disciplinary Tribunal decisions. Additional material has been added to this new edition which will help lawyers to demonstrate compliance in practice through systems, controls and policies, including templates which can be used by practitioners to create compliance manuals.

Answering the key question of whether there is an obligation for States to define and enact sound climate policies in order to avoid the impacts of global warming, this timely book provides expert analysis on recent global climate cases, assessing not only the plaintiffs' claims but also the legal reasoning put forward by the courts. As an increasing number of environmental organisations are requiring domestic courts to answer this fundamental question, this book illustrates that more and more court decisions are confirming that the discretion held by States with regards to the issue of climate change is not unlimited. The book explores how States must also demonstrate that sufficient action is being taken to protect their citizens from risks. With in-depth assessments of common legal grounds, such as the international climate change regime, environmental law principles and human rights, it further highlights potential issues for climate litigation including the separation of powers and the standing of the plaintiffs themselves. Addressing current and emerging issues, this timely book will be an excellent resource for scholars of environmental law, climate change and human rights. Environmental activists and organisations looking for examples of initiatives to tackle issues such as environmental protection and justice will find this informative and insightful.

How are poverty and social inequality entrenched through a failing justice system? In this important book, Jon Robins and Daniel Newman examine how the lives of people already struggling with problems with their welfare benefits, jobs, housing and immigration are made much harder by cuts to legal aid and the failings of our creaking justice system. Over the course of 12 months, interviews were carried out on the ground in a range of settings with people as they were caught up in the justice system, in a range of settings such as foodbanks in a church hall in a wealthy part of London; a community centre in a former mining town; a homeless shelter for rough sleepers in Birmingham; and a destitution service for asylum seekers in a city on the South coast, as well as in courts and advice agencies up and down the country. The authors argue that a failure to access justice all too often represents a catastrophic step in the life of the person concerned and their family. This powerful, yet moving, account humanises the hostile political debates that surround legal aid and reveals what access to justice really means in Austerity Britain.

This book traces the rise of contemporary populism in Western democracies, marked by the return of would-be 'strong men' politicians. It seeks to make sense of the resultant nature, origins, and consequences -as expressed, for example, in the startling rise of the social movement surrounding Trump in the US, Brexit in the UK and the remarkable spread of ideologies that express resistance to "facts," science, and expertise. Uniquely, the book shows how what began as a form of penal populism in the early 1990s transformed into a more wide ranging populist politics with the potential to undermine or even overthrow the democratic order altogether; examines the way in which the Covid-19 pandemic has impacted on these forces, arguing it threw the flailing democratic order an important lifeline, as Vladimir Putin has subsequently done with his war in Ukraine. The book argues that contemporary political populism can be seen as a wider manifestation of the earlier tropes and appeal of penal populism arising under neo-liberalism. The author traces this cross over and the roots of discontent, anxiety, anti-elites sentiment and the sense of being forgotten, that lie at the heart of populism, along with its effects in terms of climate denial, 'fake news', othering, nativism and the denigration of scientific and other forms of expertise. In a highly topical and important extension to the field the author suggests that the current covid pandemic might prove to be an 'antidote' to populism, providing the conditions in which scientific and medical expertise, truth telling, government intervention in the economy and in health policy, and social solidarity, are revalorised. Encompassing numerous subject areas and crossing many conventional disciplinary boundaries, this book will be of great interest to students and scholars of criminology and criminal justice, sociology, political science, law, and public policy.

This edited collection offers multi-disciplinary reflections and analysis on a variety of themes centred on nineteenth century executions in the UK, many specifically related to the fundamental change in capital punishment culture as the execution moved from the public arena to behind the prison wall. By examining a period of dramatic change in punishment practice, this collection of essays provides a fresh historical perspective on nineteenth century execution culture, with a focus on Scotland, Wales and the regions of England. From Public Spectacle to Hidden Ritual has two parts. Part 1 addresses the criminal body and the witnessing of executions in the nineteenth century, including studies of the execution crowd and executioners' memoirs, as well as reflections on the experience of narratives around capital punishment in museums in the present day. Part 2 explores the treatment of the execution experience in the print media, from the nineteenth and into the twentieth century. The collection draws together contributions from the fields of Heritage and Museum Studies, History, Law, Legal History and Literary Studies, to shed new light on execution culture in nineteenth century Britain. This volume will be of interest to students and academics in the fields of criminology, heritage and museum studies, history, law, legal history, medical humanities and socio-legal studies.

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.

First published in 1973, Wrongful Imprisonment aims to combine the human interest of individual cases of wrongful imprisonment with a general analysis of how and why they occur. It deals in detail with the English system, but also provides comparisons with Scotland, France, and the United States. The authors spent three years collecting material from newspaper reports, trial transcripts, books, lawyers, the Home Office and - most important - interviews with the persons concerned. As a result, they have been able to analyse objectively the existing system of justice; they have isolated and identified the areas in which the system is at fault, and the successive hazards which may confront the innocent man suspected of a criminal offence; they have also revealed the many obstacles which have to be overcome by the wrongfully imprisoned man seeking to establish his innocence and regain his liberty. This topical and convincingly argued book should appeal not only to students of law and sociology, or to lawyers, policemen, criminals, and others involved in the system of criminal justice, but also to the man in the Wormwood Scrubs omnibus.

Understanding legal rules not as determinants of behavior but as points of reference for conduct, this volume considers the ways in which rules are invoked, referred to, interpreted, put forward or blurred. It also asks how both legal practitioners and lay participants conceive of and participate in the construction of facts and rules, and thus, through decisions, defenses, pleas, files, evidence, interviews and documents, actively participate in law's life. With attention to the formulation of notions such as person, evidence, intention, cause and responsibility in the course of legal practices, Legal Rules in Practice provides the outlines of a praxiological anthropology of law - an anthropology that focuses on words, concepts and reasoning as actively used to solve conflicts with the help of legal rules. As such, it will appeal to sociologists, anthropologists and scholars of law with interests in ethnomethodology, rule-based conduct and practical reasoning.

Law Enforcement by EU Authorities is the first comprehensive study of a new development in the field of EU law and governance: the proliferation of EU enforcement authorities (EEAs). It offers an investigation into each of the existing eight EEAs, the prospective European Public Prosecutor's Office and how they enforce EU law vis-a-vis private actors together with relevant national enforcement authorities. The study focuses on the interplay between political accountability and judicial protection in the system of shared direct enforcement. It offers a comparative investigation into the EU-national interrelationship in the field of shared enforcement and shows the need for improvement of democratic control and judicial protection in the area of 'shared tasks, but separated controls'. Expert contributors analyze these issues in relation to specific sectors, including financial/banking supervision, aviation, food law, fisheries, fraud, financial interests of the European Union, competition law and pharmaceuticals. This detailed book includes insights from both academics and practitioners, drawing on different national backgrounds and subject specialisms. It provides an important resource for researchers of EU law and governance and officials in the field of enforcement. Contributors include: F. Blanc, A. Brenninkmeijer, F. Cacciatore, M. Chamon, F. Coman-Kund, A. Corini, P. Craig, K. Cseres, T. Duijkersloot, M. Eliantonio, J. Foster, A. Karagianni, F. Kets, R. Kraaijeveld, M. Luchtman, M. Maggetti, G. Ottimofiore, A. Ottow, A. Outhuijse, M. Ratajczyk, E. Schmidt, M. Scholten, B.M.J. van der Meulen, E. van Gelder, M. van Rijsbergen, E. Versluis, J. Vervaele, M. Wasmeier, R. Widdershoven, S. Wirtz

For the first time, the four most popular restorative justice books in the Justice & Peacebuilding series-The Little Book of Restorative Justice: Revised and Updated, The Little Book of Victim Offender Conferencing, The Little Book of Family Group Conferences, and The Little Book of Circle Processes-are available in one affordable volume. Restorative justice, with its emphasis on identifying the justice needs of everyone involved in a crime, is a worldwide movement of growing influence that is helping victims and communities heal while holding criminals accountable for their actions. This is not a soft-on-crime, feel-good philosophy, but rather a concrete effort to bring justice and healing to everyone involved in a crime. Circle processes draw from the Native American tradition of gathering in a circle to solve problems as a community. Peacemaking circles are used in neighborhoods, in schools, in the workplace, and in social services to support victims of all kinds, resolve behavior problems, and create positive climates. Each book is written by a scholar at the forefront of these movements, making this important reading for classrooms, community leaders, and anyone involved with conflict resolution.

1.Whereas many of the competing books focus on prisons, fewer focus on the concept of punishment, and its social and political context. 2. This book has a multi-disciplinary market across criminology, sociology and soco-legal studies. 3. This book is well-suited for upper level courses on punishment and penology, prisons and the criminal justice system.