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Books > Law > Laws of other jurisdictions & general law > Criminal law
"Transnational Torture by Jinee Lokaneeta reviewed with Prachi Patankar" on the blog Kafila. Evidence of torture at Abu Ghraib prison in Iraq and harsh interrogation techniques at Guantanamo Bay beg the question: has the "war on terror" forced liberal democracies to rethink their policies and laws against torture? Transnational Torture focuses on the legal and political discourses on torture in India and the United States--two common-law based constitutional democracies--to theorize the relationship between law, violence, and state power in liberal democracies. Analyzing about one hundred landmark Supreme Court cases on torture in India and the United States, memos and popular imagery of torture, Jinee Lokaneeta compellingly demonstrates that even before recent debates on the use of torture in the war on terror, the laws of interrogation were much more ambivalent about the infliction of excess pain and suffering than most political and legal theorists have acknowledged. Rather than viewing the recent policies on interrogation as anomalous or exceptional, Lokaneeta effectively argues that efforts to accommodate excess violence--a constantly negotiated process--are long standing features of routine interrogations in both the United States and India, concluding that the infliction of excess violence is more central to democratic governance than is acknowledged in western jurisprudence.
Environmental crimes are primarily driven by financial motives. The combined financial value of illicit trade in protected wildlife, illegal logging and waste trafficking is estimated to come directly after counterfeiting, the narcotic drugs trade and illegal gambling. Logically, the proceeds of these crimes must also be laundered. Goods, however, are not the only money maker for environmental criminals. Corporations may also try to 'save' costs by not complying with environmental regulations and thus commit crimes of omission rather than commission. From an enforcement and compliance perspective focusing on the proceeds of crime may therefore be an effective strategy. This book brings together different perspectives on the financial aspects of environmental crime and harm from a green criminological viewpoint. It addresses the role of economic systems, the value of environmental performance for corporations, money laundering in the context of environmental crime, financial investigation and questions of regulation and penalties. Discussing these topics from the view of green criminology, sociology and governance, this book will be of great interest to all those concerned about the financial dimensions of crime and the environment.
Nearly every country in the world has a mechanism for executive clemency, which, though residual in most legal systems, serves as a vital due process safeguard and as an outlet for leniency in punishment. While the origins of clemency lie in the historical prerogative powers of once-absolute rulers, modern clemency laws and practices have evolved to be enormously varied. This volume brings comparative and empirical analysis to bear on executive clemency, building a sociological and political context around systematically-collected data on clemency laws, grants, and decision-making. Some jurisdictions have elaborate constitutional and legal structures for pardoning or commuting a sentence while virtually never doing so, while others have little formal process and yet grant clemency frequently. Using examples from Asia, Europe, Latin America, the Caribbean, and the USA, this comparative analysis of the law and the practice of clemency sheds light on a frequently misunderstood executive power. This book builds on existing academic scholarship and expands the limited geographical scope of prior research, which has tended to focus on North America, the UK, and Australia. It relays the latest state of knowledge on the topic and employs case studies, doctrinal legal analysis, historical research, and statements by clemency decision-making authorities, in explaining why clemency varies so considerably across global legal and political systems. In addition, it includes contributions encompassing international law, transitional justice, and innocence and wrongful convictions, as well as on jurisdictions that are historically under-researched. The book will be of value to practitioners, academics, and students interested in the fields of human rights, criminal law, comparative criminal justice, and international relations.
The criminalisation of healthcare malpractice has become a highly topical and somewhat controversial question in recent years. Studies have demonstrated that in England and Wales, the trend towards holding healthcare professionals to account for malpractice is rapidly growing, abolishing the deference doctors enjoyed decades ago. The changing attitude of judges to claims for clinical negligence has been well documented. The role of the criminal process in England and Wales has been less fully analysed with the criminal law playing a very limited role until recently in the regulation of poor healthcare practice. In contrast, in France, the criminal process has for a long time been invoked more readily to respond to cases of healthcare malpractice, which involved even mere errors. This book compares English and French criminal law responses to healthcare malpractice and considers what lessons the French model can provide for potential reform in England and elsewhere. The book takes the HIV-contaminated blood episode as a primary example of the different approaches France and England have in dealing with healthcare malpractice. Kazarian emphasises the impact of rules of substantive criminal law and criminal procedure on the way in which healthcare malpractice is criminalised in a given country. This book explores the key lessons to be drawn on whether the criminal process is an appropriate means to respond to instances of healthcare malpractice. It proposes that features of French criminal law and criminal procedure might be useful to counteract healthcare malpractice.
How might we best manage those who have offended but have mental vulnerabilities? How are risks identified, managed and minimised? What are ideological differences of care and control, punishment and therapy negotiated in practice? These questions are just some which are debated in the eleven chapters of this book. Each with their focus on a given area, authors raise the challenges, controversies, dilemmas and concerns attached to this particular context of delivering justice. Taking insights on imprisonment, community punishments and forensic services, this book provides a broad analysis of environments. But it also casts a critical light on how punishment of the mentally vulnerable sits within public attitudes and ideas, policy discourses, and the ways in which those seen to present as risky and dangerous are imagined. Written in a clear and direct style, this book serves as a valuable resource for those studying, working or researching at the intersections of healthcare and criminal justice domains. This book is essential reading for students and practitioners within the fields of criminology and criminal justice, social work, forensic psychology, forensic psychiatry, mental health nursing and probation.
This book is the first volume to explore criminal justice work and criminological research through the lens of emotional labour. A concept first coined 30 years ago, emotional labour seeks to explore the ways in which people manage their emotions in order to achieve the aims of their organisations, and the subsequent impact of this is on workers and service users. The chapters in this edited collection explore work in a wide range of criminal justice institutions as well as the penal voluntary sector. In addition to literature review chapters which consolidate what we already know, this book includes case study chapters which extend our knowledge of how emotional labour is performed in specific contexts, and in relation to certain types of work. Emotional Labour in Criminal Justice and Criminology covers topics such as prisoners who die from natural causes in prison, to the work of independent domestic violence advisors and the use of emotion by death penalty lawyers in the US. An accessible and compelling read, this book presents ground-breaking qualitative and quantitative research which will be critical to criminologists, criminal justice practitioners, students of criminology and academics in the fields of social policy and public service.
In Male-Male Murder, Dobash and Dobash - experienced researchers, award winning authors and long-time collaborators use evidence from their Murder Study to examine 424 men who murdered another man. Using both quantitative and qualitative data drawn from a wider study of 866 homicide casefiles and 200 in-depth interviews with murderers in prison, they focus on Five Types of male-male murder: confrontational/fighters; murder for money/financial gain; murder between men in the family; sexual murder between men; murder of older men. Each type is examined in depth and detail in a separate chapter that begins with a brief overview of relevant research and is followed by a comprehensive examination of the murder event including subtypes that illustrate the diversity within each type of murder. Following the examination of the five types of male-male murder, the focus turns to the lifecourse of the perpetrators including childhood, adulthood, and their time in prison. Lastly, the reflect on the body of findings from the Murder Study, and stress the importance of gender in understanding these lethal events. The Dobashes bring their research skills and insights to the complex task of covering the entire scope of homicide cases in which men murder men. This is an essential text for students, professionals, policy makers, and researchers studying violence, gender, and homicide.
In Male-Male Murder, Dobash and Dobash - experienced researchers, award winning authors and long-time collaborators use evidence from their Murder Study to examine 424 men who murdered another man. Using both quantitative and qualitative data drawn from a wider study of 866 homicide casefiles and 200 in-depth interviews with murderers in prison, they focus on Five Types of male-male murder: confrontational/fighters; murder for money/financial gain; murder between men in the family; sexual murder between men; murder of older men. Each type is examined in depth and detail in a separate chapter that begins with a brief overview of relevant research and is followed by a comprehensive examination of the murder event including subtypes that illustrate the diversity within each type of murder. Following the examination of the five types of male-male murder, the focus turns to the lifecourse of the perpetrators including childhood, adulthood, and their time in prison. Lastly, the reflect on the body of findings from the Murder Study, and stress the importance of gender in understanding these lethal events. The Dobashes bring their research skills and insights to the complex task of covering the entire scope of homicide cases in which men murder men. This is an essential text for students, professionals, policy makers, and researchers studying violence, gender, and homicide.
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.
What Works (and Doesn't) in Reducing Recidivism offers criminologists and students an evidence-based discussion of the latest trends in corrections. Experts Latessa, Johnson, and Koetzle translate the research and findings about what works and doesn't work in reducing recidivism into understandable concepts and terms, presenting them in a way that illustrates the value of research to practice. Over the last several decades, research has clearly shown that rehabilitation efforts can be effective in reducing recidivism among criminal offenders, but it is clear that treatment is not a one-size-fits-all approach. Offenders vary by gender, age, crime type, and/or addictions, to name but a few ways, and these individual needs must be addressed by providers. Finally, issues such as leadership, quality of staff, and evaluation efforts affect the quality and delivery of treatment services. While other texts have addressed issues regarding treatment in corrections, this text is unique in that it not only discusses the research on "what works" but also addresses the implementation issues faced as practitioners move from theory to practice, as well as the importance of staff, leadership, and evaluation efforts. This book synthesizes the vast research for the student interested in correctional rehabilitation as well as for the practitioner working with offenders.
Originally published in 1981. This book unifies the diverse literature on the role of environmental factors in the uneven distribution of crime in society and provides an assessment of the validity of environmental explanations and their utility. It analyses and assesses the major work done by researchers in Britain, America and elsewhere. The extent of the differences between communities is reviewed from a number of perspectives. Offences are examined by location, nature and seriousness. Offenders are located in their environment and variations according to sex, age, race, social class, and recidivism are considered. The risks of victimisation also reflect environmental differences and need to be set in the context of wider community perceptions, fears, and attitudes to crime. The role of the community in the distribution of justice is also discussed.
Originally published in 1940. This ground-breaking work formed the foundation for modern criminology becoming an academic discipline within UK sociological studies. It concerns the history of crime, its causes and treatment in England during the preceding twenty-five years or so. Mannheim, through this and later studies, went on to found the criminology department at LSE. The book offers an evaluation of the criminological implications of the War and early post-War period as well as an examination of the practical working of the new penal machinery built up by the Reform Acts passed just prior to the War. The author produced a scientific account of the post-War state of crime, beginning with a critical examination of the structure and interpretation of English Criminal Statistics followed by a survey of the principal criminological features of the period between the two Wars. Significant aspects are dealt with in a separate chapters - four devoted to problems of work and leisure (Unemployment and Strikes, Business Administration, Alcoholism, and Gambling), four others to those of certain specific sections of the population (Juvenile Delinquency, Female Delinquency and Prostitution, Recidivism). This is a fascinating read for both the historian and the criminologist.
Originally published in 1997. The use of postmodern criminology's conceptual tools offers the potential for the development of a better understanding of the various configurations of repressive forces and directions for social change. This excellent text introduces the reader to the core ideas concerning subjectivity as it is related to discourses and how the discursive construction of social reality takes place. It discusses some of the key themes, dealing with both theoretical integrative work, applications, and recent developments in studying postmodern criminology. It is intended for students as well as those who are more familiar with the subject. This book is composed of twelve essays organized into three parts, this important work contributes to the big discussion among criminologists about the postmodern aspects of crime.
This book analyses the non-custodial government of young offenders in two major cities in Brazil. In doing so, it delves into the paradox of an institution exerting control over youths while at the same time promoting their autonomy and responsibility. The study sheds light on the specific logics of power, control, and inequality produced by such institutional settings. The book's analysis is based on an ethnographic study of 'Assisted Freedom' (Liberdade Assistida) - a form of probation - in the Brazilian cities of Rio de Janeiro and Belo Horizonte. This particular context - which is characterized by endemic violent crime, on the one hand, and a highly protective juvenile justice system, on the other - sheds productive light on the contradictions of juvenile justice systems and other public policies based on the values of citizenship, autonomy, and responsibilization. The analysis takes the form of an inverted zoom structure: it begins by looking at cognitive and interactional processes at the level of interpersonal relationships between youths and professionals, and then works its way up to examine ties outside the institution itself, with schools, the labour market, and juvenile courts. Written in a clear and direct style, this book will appeal to students and scholars in criminology, sociology, cultural studies, and social theory and those interested in learning about non-custodial measures and the regulation of juvenile delinquency.
Examining the interplay between law and society from imperial to present-day China, this synoptic book traces the developments of law in Chinese societies. Vai Io Lo investigates the role of law in social governance, discussing China's ongoing reforms towards the rule of law with Chinese characteristics. Offering a comprehensive overview of the interaction between law and society in China, this book simultaneously provides a glimpse of China in terms of history, polity, society, economy and philosophy. Opening with a discussion on what 'law' and 'society' are, Lo frames the discussion within the contexts of imperial China, the transitional period, the pre-reform era, and finally contemporary China. Utilising up-to-date analyses and Chinese characters alongside key concepts explained in English, this book will be beneficial to Chinese studies and Chinese law scholars looking for a more integrated insight into the background behind contemporary Chinese law. Legal practitioners working in the field will also find this book an important reference.
Marital rape stands at the intersection of the socio-legal issues arising from both domestic violence and sexual assault. For centuries, women who suffered sexual assault perpetrated by their spouses had no legal recourse. A man's conjugal rights included his right to have sexual intercourse with his wife regardless of whether she consented. This right has been recognised in law, and still is in some jurisdictions today. This book emerges from the research undertaken by an innovative, multi-country, academic, collaborative project dedicated to comparatively analysing the legal treatment of sexual assault in intimate relationships, with a view to challenging the legal impunity for and inadequate legal responses to this form of gendered violence.
This work is an exploratory examination of the experiences, motivations, and coping mechanisms of women who are involved in intimate relationships with registered sexual offenders. The study focuses both on women who were involved with an offender prior to the commission of his offense and who stayed with him post-conviction, and on women who became involved with a registered offender after his sex offense conviction. Like the offender himself, these women face a variety of challenges in responding to treatment of them by friends, family, the community, and the criminal justice system. Utilizing the results of intensive interviews, this work provides a unique look at the women who are one of the few sources of support for registered sexual offenders and assesses the effectiveness and wide-ranging implications of community notification and registration laws on public safety, policy, and practice. This work offers alternative approaches based on evidence and case studies and considers the significance of familial contact in buffering sexual recidivism. These women are the heretofore unstudied victims of sexual offending legislation. This book is essential reading for those in sociology, criminology, psychology, and social work. For undergraduate or graduate students, practitioners, researchers, or policy makers, this thought-provoking book will shed light on how to optimize the reintegration of sex offenders. It assesses the effectiveness and wide-ranging implications of sex offender legislation on public safety, policy, and practice and considers alternative approaches to reduce sexual violence.
This work is an exploratory examination of the experiences, motivations, and coping mechanisms of women who are involved in intimate relationships with registered sexual offenders. The study focuses both on women who were involved with an offender prior to the commission of his offense and who stayed with him post-conviction, and on women who became involved with a registered offender after his sex offense conviction. Like the offender himself, these women face a variety of challenges in responding to treatment of them by friends, family, the community, and the criminal justice system. Utilizing the results of intensive interviews, this work provides a unique look at the women who are one of the few sources of support for registered sexual offenders and assesses the effectiveness and wide-ranging implications of community notification and registration laws on public safety, policy, and practice. This work offers alternative approaches based on evidence and case studies and considers the significance of familial contact in buffering sexual recidivism. These women are the heretofore unstudied victims of sexual offending legislation. This book is essential reading for those in sociology, criminology, psychology, and social work. For undergraduate or graduate students, practitioners, researchers, or policy makers, this thought-provoking book will shed light on how to optimize the reintegration of sex offenders. It assesses the effectiveness and wide-ranging implications of sex offender legislation on public safety, policy, and practice and considers alternative approaches to reduce sexual violence.
Public Speaking for Criminal Justice Professionals: A Manner of Speaking is a one-of-a-kind public speaking guide specifically written for criminal justice professionals, written by a criminal justice professional. Author Thomas Mauriello has worked his entire professional career both as a practitioner and as an educator in the fields of criminal justice and forensic science. This book outlines the public speaking skills he has learned, used, and taught to thousands of criminal justice, forensic science, security, and counterintelligence professionals over the years. The book can either be read from cover-to-cover-to fine tune the reader's existing oral communication skills-or read in a modular fashion, as a reference guide to focus on certain skills and techniques. A list of over 55 proven, effective presentation tools will be listed, discussed, and demonstrated throughout the book-using illustrated criminal justice and forensic sciences topic examples. Contrary to popular believe, simply knowing your subject or being an expert in the subject does not guarantee a successful presentation. Aristotle, who many recognize as the Father of Public Speaking and Forensic Debate, said it best when he declared, "It is not enough to know what to say, one must know how to say it." This guide focuses on technique and the recognition that a speaker must have of both the subject and the listener. The purpose is to improve readers' skill level and ability to engage and, thereby, inform the listener. Whether preparing to speak to one person, or one thousand people, Public Speaking for Criminal Justice Professionals provides specific techniques for professionals to speaking with confidence, and present effective engaging presentations.
Public Speaking for Criminal Justice Professionals: A Manner of Speaking is a one-of-a-kind public speaking guide specifically written for criminal justice professionals, written by a criminal justice professional. Author Thomas Mauriello has worked his entire professional career both as a practitioner and as an educator in the fields of criminal justice and forensic science. This book outlines the public speaking skills he has learned, used, and taught to thousands of criminal justice, forensic science, security, and counterintelligence professionals over the years. The book can either be read from cover-to-cover-to fine tune the reader's existing oral communication skills-or read in a modular fashion, as a reference guide to focus on certain skills and techniques. A list of over 55 proven, effective presentation tools will be listed, discussed, and demonstrated throughout the book-using illustrated criminal justice and forensic sciences topic examples. Contrary to popular believe, simply knowing your subject or being an expert in the subject does not guarantee a successful presentation. Aristotle, who many recognize as the Father of Public Speaking and Forensic Debate, said it best when he declared, "It is not enough to know what to say, one must know how to say it." This guide focuses on technique and the recognition that a speaker must have of both the subject and the listener. The purpose is to improve readers' skill level and ability to engage and, thereby, inform the listener. Whether preparing to speak to one person, or one thousand people, Public Speaking for Criminal Justice Professionals provides specific techniques for professionals to speaking with confidence, and present effective engaging presentations.
The eminent contributors to a new collection, Policing in France, provide an updated and realistic picture of how the French police system really works in the 21st century. In most international comparisons, France typifies the "Napoleonic" model for policing, one featuring administrative and political centralization, a strong hierarchical structure, distance from local communities, and a high priority on political policing. France has undergone a process of pluralization in the last 30 years. French administrative and political decentralization has reemphasized the role of local authorities in public security policies; the private security industry has grown significantly; and new kinds of governing models (based on arrangements such as contracts for service provision) have emerged. In addition, during this period, police organizations have been driven toward central government control through the imposition of performance indicators, and a top-down decision was made to integrate the national gendarmerie into the Ministry of Interior. The book addresses how police legitimacy differs across socioeconomic, generational, territorial, and ethnic lines. An analysis of the policing of banlieues (deprived neighborhoods) illustrates the convergence of contradictory police goals, police violence, the concentration of poverty, and entrenched opposition to the states' representatives, and questions policing strategies such as the use of identity checks. The collection also frames the scope of community policing initiatives required to deal with the public's security needs and delves into the security challenges presented by terrorist threats and the nuances of the relationship between policing and intelligence agencies. Identifying and explaining the diverse challenges facing French police organizations and how they have been responding to them, this book draws upon a flourishing French-language literature in history, sociology, political science, and law to produce this new English-language synthesis on policing in France. This book is a valuable resource for researchers and practitioners working in and around French policing, as well as students of international law enforcement.
Over the past few years, opposition to the privatisation in public services in the United Kingdom and elsewhere has grown, especially in areas related to criminal justice. Privatisation has existed within the British criminal justice system at least since the early 1990s, but the privatisation of the Probation Service in 2014 was a significant landmark in this process and signalled a larger programme of privatisation to come. Criminal Justice and Privatisation works to examine the impact of privatisation on the criminal justice system, and to explore the potential effects of privatising other areas including the police and the security industry. By including chapters from practitioners and academics alike, the book offers an expansive overview of the criminal justice system, as well as observations of the effect of privatisation at ground level. By also exploring the way the private companies are paid, how they operate and what private companies do, this book offers an insight into and the future of privatisation within the public sector. Written in a clear and direct style this book will appeal to students and scholars in criminology, sociology, cultural studies, social theory and those interested in learning about the effects of privatisation.
Using in-depth field research and analysis of case studies, Mafia Violence: Political, Symbolic, and Economic Forms of Violence in Camorra Clans focuses attention on the phenomenon of violence performed by Italian organised crime groups, devoting specific attention to the Camorra, which has been responsible since the mid-1980s for almost half of all mafia homicides documented in Italy. The Camorra has acquired increased visibility at an international level due to its intense use of violence and high level of dangerousness, but until now, the study of the different forms of violence implemented by mafias has not received systematic attention at the scientific level. Hence, this book fills this gap by providing a both theoretical and empirical contribution toward the analysis of one of the most unknown - although highly visible and dangerous - dimension of mafias' action. This collection of work by distinguished scholars provides a unique overview of the multifaceted characteristics of violence currently performed by mafia groups in Italy by focusing on specific actors - i.e., Camorra clans - but also other traditional mafia organisations such as Cosa Nostra and 'Ndrangheta; specific contexts - i.e., different territories and different markets, both legal and illegal; and specific practices and performances. Part I takes a diachronic and comparative perspective to provide an overview of mafias' violence during the past 30 years, focusing on the three most prominent criminal organisations active in Italy: Camorra, Cosa Nostra, and 'Ndrangheta. Based on the outcomes of a major project carried out by a research group at the University of Naples Federico II from 2015 to 2017, Part II looks at the use of violence by Camorra clans, incorporating information from case studies, judicial files, law enforcement investigations, wiretappings, interviews with privileged observers, firsthand empirical data, and historical documents and social sciences literature. Using a multi-disciplinary approach drawing from criminology, sociology, history, anthropology, economics, political science, and geography, this book is essential reading for international researchers and practitioners interested in piecing together the full picture of modern organised crime.
The Veterans Treatment Court Movement provides a comprehensive, empirical analysis of the burgeoning veteran's court movement from genesis through to operation, and concluding with comments on its societal relevance. Beginning with the unlikely convergence of therapeutic jurisprudence with the oft-misunderstood warrior ethos that undergirds the entire movement, the text examines every component of veterans courts, weighing the cultural, legal, and practical strengths and limitations of these programs. Each chapter assesses key components of the court, including the participants, law enforcement, judges, prosecution, defense counsel, court administration, data management, the Veterans Justice Outreach Officer (VJO), probation, mentors, and the community. The book concludes with recommendations on how these courts can further integrate with communities, maximize efficiency, and improve. The book shows how veterans courts seek to serve veterans' legal, social, and psychological needs, and how they serve more than just offending veterans by allowing law-abiding veterans, many of whom suffered greatly when they transitioned out of military service, to exorcize their own demons and integrate their experiences into a socially recognized system of care. Incorporating program evaluation with sociological considerations, this monograph offers a comprehensive, considered examination of how - and why - these courts operate, and provides a foundation for future development. The volume provides essential background for scholars studying law and the criminal courts, as well as policymakers, judges, academics, students, and practitioners concerned with effective jurisprudence.
This book applies three overlapping bodies of work to generate fresh approaches to the study of criminal justice in England and Ireland between 1660 and 1850. First, crime and justice are interpreted as elements of the "public sphere" of opinion about government. Second, "performativity" and speech act theory are considered in the context of the Anglo-Irish criminal trial, which was transformed over the course of this period from an unmediated exchange between victim and accused to a fully lawyerized performance. Thirdly, the authors apply recent scholarship on the history of emotions, particularly relating to the constitution of "emotional communities" and changes in "emotional regimes". |
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