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Books > Law > Laws of other jurisdictions & general law > Criminal law
This book provides a holistic and interdisciplinary focus on the legal regulation and policing of football violence and disorder in Britain. Anchored in ground-breaking ethnographic and participant-action research, the book combines a crowd psychology and socio-legal approach to critically explore the contemporary challenges of managing football crowds. It sets out the processes by which football disorder occurs and the limitations of existing approaches to policing 'football hooliganism', in particular the dominant focus on controlling 'risk supporters', before setting out proposals for fundamental reforms to both law and policing. This book will be of value to academics, students, legal and policing practitioners, as well as policy-makers. The two authors are internationally known experts in the management and behaviour of football crowds and bring together for the first time over 30 years of research in this area from the disciplines of law and social psychology.
View the Table of Contents. "Concentrating on contentious issues such as severity and
pervasiveness, reasonableness standards, unwelcomeness, causation,
employer liability, and remedies, Beiner highlights the mismatches
between the law and empirical research and suggests both legal
reforms and research questions to close the gap. Written in clear,
compelling prose, the study will enlighten readers curious about
contemporary questions in sexual harassment law as well as
specialists interested in the intersection of law and social
science.a "Fortunately, Beiner is not only a law professor: she also has
practiced law and is clearly well acquainted with the difficulties
of getting these cases before a jury. Her book seeks to help
plaintiffs survive summary judgment so they can prove their cases
in court." "Beiner's book is a striking example of the thoughtful and
clever use of social science research findings to point to changes
that will improve the operation of an important US social
institution." "A readable synthesis of legal rules and real life, accessible to both lawyers and non-lawyers--for all those interested in reducing sexual harassment on the job. Beiner makes a crucial contribution to the discussion of sexual harassment by demonstrating the relevance of social science research to legal doctrine. She convincingly exposes the limited effectiveness of current case law in preventing sexual harassment and demonstrates that federal judges often make decisions based on myths and stereotypes about how people behave, not on the reality women face in theworkplace."--Martha S. West, University of California Davis, co-author of "Sex-Based Discrimination" "In this timely and important book, Beiner explores the growing
disconnect between judges' unfounded assumptions about how people
respond to sexualized conduct in the workplace and what empirical
research in the social sciences is telling us about the same
subject. In many arenas, the antidiscrimination doctrine emerging
from the federal courts is being built on a foundation of 'junk
social science.' Beiner shines a light on this problem as it has
manifested in the evolving law of sexual harassment." "Beiner has done a superb job of reviewing the social science
research that applies directly to the law on sexual harassment.
Beiner suggests reforms to the legal standard and provides sensible
recommendations for interpreting the law to be more compatible with
the way people behave when they are sexually harassed." ""Gender Mythis v. Working Realities" is an innovative and fresh
approach to a complex problem. The concept for the book is both
fascinating and intriguing." Both the courts and the public seem confused about sexual harassment--what it is, how it functions, and what sorts of behaviors are actionable in court. Theresa M. Beiner contrasts perspectives from social scientists on the realities of workplace sexual harassment with the current legal standard. When it comes to sexual harassment law, all too often courts (and employers) are left inthe difficult position of grappling with vague legal standards and little guidance about what sexual harassment is and what can be done to stop it. Often, courts impose their own stereotyped view of how women and men "ought" to behave in the workplace. This viewpoint, social science reveals, is frequently out of sync with reality. As a legal scholar who takes social science seriously, Beiner provides valuable insight into what behaviors people perceive as sexually harassing, why such behavior can be characterized as discrimination because of sex, and what types of workplaces are more conducive to sexually harassing behavior than others. Throughout, Beiner offers proposals for legal reform with the goal of furthering workplace equality for both men and women.
A thorough and engaging look at an unexpected driver of changes in the American criminal justice system Driving is an unavoidable part of life in the United States. Even those who don't drive much likely know someone who does. More than just a simple method of getting from point A to point B, however, driving has been a significant influence on the United States' culture, economy, politics – and its criminal justice system. Rules of the Road tracks the history of the car alongside the history of crime and criminal justice in the United States, demonstrating how the quick and numerous developments in criminal law corresponded to the steadily rising prominence, and now established supremacy, of the automobile. Spencer Headworth brings together research from sociology, psychology, criminology, political science, legal studies, and histories of technology and law in illustrating legal responses to changing technological and social circumstances. Rules of the Road opens by exploring the early 20th-century beginnings of the relationship between criminal law and automobility, before moving to the direct impact of the automobile on prosecutorial and criminal justice practices in the latter half of the 20th century. Finally, Headworth looks to recent debates and issues in modern-day criminal justice to consider what this might presage for the future. Using a seemingly mundane aspect of daily life as its investigative lens, this creative, imaginative, and thoroughly researched book provides a fresh perspective on the transformations of the U.S. criminal justice system.
A thorough and engaging look at an unexpected driver of changes in the American criminal justice system Driving is an unavoidable part of life in the United States. Even those who don't drive much likely know someone who does. More than just a simple method of getting from point A to point B, however, driving has been a significant influence on the United States' culture, economy, politics – and its criminal justice system. Rules of the Road tracks the history of the car alongside the history of crime and criminal justice in the United States, demonstrating how the quick and numerous developments in criminal law corresponded to the steadily rising prominence, and now established supremacy, of the automobile. Spencer Headworth brings together research from sociology, psychology, criminology, political science, legal studies, and histories of technology and law in illustrating legal responses to changing technological and social circumstances. Rules of the Road opens by exploring the early 20th-century beginnings of the relationship between criminal law and automobility, before moving to the direct impact of the automobile on prosecutorial and criminal justice practices in the latter half of the 20th century. Finally, Headworth looks to recent debates and issues in modern-day criminal justice to consider what this might presage for the future. Using a seemingly mundane aspect of daily life as its investigative lens, this creative, imaginative, and thoroughly researched book provides a fresh perspective on the transformations of the U.S. criminal justice system.
This book shows how participation of interpreters as mediators changes the dynamics of police interviews, particularly with regard to power struggles and competing versions of events. The analysis of interaction offers insights into language in the legal process.
This analysis of policing throughout the modern world demonstrates how many of the contentious issues surrounding the police in recent years - from paramilitarism to community policing - have their origins in the fundamentals of the police role. The author argues that this results from a fundamental tension within this role. In liberal democratic societies, police are custodians of the state's monopoly of legitimate force, yet they also wield authority over citizens who have their own set of rights.
From the makers of the bestselling law revision series, Law Express: Criminology is designed to help both law and social science students revise effectively. This is your guide to understanding essential concepts, remembering and applying key theories, developing good critical analysis, and making your answers stand out.
Ethnography has a long history in the humanities and social sciences and has provided the base line in the field of police studies for over sixty years. We have recently witnessed a resurgence in ethnographic practice amongst police scholars and this Handbook is a response to that revival. Students and academics are returning to the ethnography arena and the study of police in situ to explain the evocative worlds of the police. The list of ethnographic sites is vast and have all fed the rejuvenation of ethnographic endeavour. Together they suggest innovation, theoretical depth, broad geographical boundaries, multi-site experiments and multi-disciplinarity; all of which are central to the exploration of police and policing in the 21st century. This Handbook encapsulates the revival of police ethnography by exploring its multidisciplinary field and cataloguing the ongoing ethnographic work. It offers an original and international contribution to the field of police studies and research methods, providing a comprehensive and overarching guide to police ethnography. We see the previous classics in every page and note still the influence of the early ethnographers. At the same time, we see the innovative breadth and diversity of these narratives. The aim of this Handbook is to highlight the mosaic that is police ethnography at a point in time and note with pleasure its contribution to the field once more. Ethnography may be messy, difficult and at times uncooperative, but its results offer a unique insight into the perspectives of people and organisations that can hide in plain sight. An accessible and compelling read, this Handbook will provide a sound and essential reference source for academics, researchers, students and practitioners engaged in police and criminal justice studies.
Cybercrime is remarkably varied and widespread, and financial losses range from a few hundred dollars being extorted to multi-million dollar cyberfraud cases. Increasingly, cybercrime also involves the risk of terrorist attacks bringing down a major part of the Internet. Countries are discovering that it may be impossible for them to prosecute cybercriminals. Cybercrimes, unlike 'ordinary' crimes, are transnational in nature and it is often difficult to say just where they take place. This causes legal problems, since jurisdiction is usually still confined to the place where the crime was committed. A related issue is to what extent the police can investigate cybercrimes across borders, through the Internet: do they infringe the sovereignty of other countries? This book surveys how these issues in cybercrime jurisdiction are dealt with by countries around the world, including the US, Japan, Korea, India, Brazil, Chile, Australia, New Zealand, Italy, Germany, Belgium, Denmark, and the UK. A score of experts assess how well the laws of their countries and the Cybercrime Convention deal with transnational cybercrime, and how jurisdiction conflicts should be resolved. With this in-depth survey of views and practices of cybercrime jurisdiction, the authors hope to contribute to a more concerted international effort towards effectively fighting cybercrime. The book is therefore highly recommended to policy-makers, members of the judiciary, academics and practitioners. Bert-Jaap Koops is Professor of Regulation & Technology at the Tilburg Institute for Law, Technology, and Society (TILT) of Tilburg University, The Netherlands. Susan W. Brenner is NCR Distinguished Professor of Law & Technology, University of Dayton School of Law, Ohio, US.
Criminalization is a new series arising from an interdisciplinary investigation into the issue of criminalization, focussing on the principles and goals that should guide decisions about what kinds of conduct are to be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the six volumes will tackle the key questions at the heart of issue: By reference to what principles and goals should legislations decide what to criminalize? How should criminal wrongs be classified and differentiated? And how should law enforcement officials apply the law's specification of offences? The second volume in the series concerns itself with the structures of criminal law in three different senses. The first examines the internal structure of the criminal law itself and the questions posed by familiar distinctions between which offences are typically analysed. These questions of classification include discussion of the growing range of crimes and the problems posed by this broadening of definition. Should traditional ideas and conceptions of the criminal law be reshaped in light of recent developments or should these developments be criticized and refuted? Structures of criminal law also refer to the place of the criminal law within the larger structure of the law. Here the book examines the relationships with and between the criminal law and other aspects of law, particularly private law and public law. It also looks at how the criminal law is made, and by whom. Finally the third sense of structure is outlined - the relationships between legal structures and social and political structures. What place does the criminal law have within the existing political and social landscapes? What are the influences, both political and social, upon the criminal law, and should they be allowed to influence the law in this fashion? What is its proper role? Focussing not only on the questions about the criminal law's proper scope, but also on crucial questions about how crimes should be structured, defined, and classified, this book provides a deeper understanding of criminalization.
The book explores police legitimacy and crime control, with a focus on the European region. Using comparative case studies, the contributions to this timely volume examine the effects of a transition to democracy on policing, public attitudes towards police legitimacy, and the ways in which perceptions of police legitimacy relate to compliance with the law. Following these case studies, the authors provide recommendations for improving police legitimacy and controlling crime, in these particular sociopolitical environments, where the police are often associated with previous military or paramilitary roles. The techniques used by these researchers may be applied to studies for policing in other regions, with potential applications within Europe and beyond. Chapters present topical issues of crime, crime control and human emotions regarding crime, criminals, law enforcement and punishment in contemporary societies. This book will be of interest to researchers in criminology and criminal justice, as well as political science and public policy. This book is highly recommended for anyone interested in procedural justice and legitimacy, encounters between citizens and the state, the effectiveness of governmental institutions, and democratic development. It stands alone in its broad, cross-national contributions to understanding these issues. -Wesley G. Skogan, PhD, Professor of Political Science, Northwestern University, Chicago, IL, USA
USE THIS FIRST PARAGRAPH ONLY FOR GENERAL CATALOGS... The First
Amendment right of free speech is a fragile one. Its fragility is
found no less in legal opinions than in other, less specialized
forms of public discourse. Both its fragility and its sometimes
surprising resiliency are reflected in this book. It provides an
examination of how the U.S. Supreme Court has dealt with the
problem of restrictions on media coverage of the criminal justice
system, as well as how lower courts have interpreted the law
created by the Supreme Court. The author explores the degree to
which the Court has created a coherent body of law that protects
free expression values while permitting reasonable government
regulation, and examines the Supreme Court's jurisprudence
concerning prior restraints, post-publication sanctions on the
press, and their right of access to criminal proceedings.
Framework Decision 2009/948/JHA on the prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings established an ad hoc procedure for settling conflicts of criminal jurisdiction based on the mutual exchange of information and the establishment of direct consultations between the competent authorities with a view to reaching consensus on an effective solution. However, neither common legally binding criteria for deciding the best jurisdiction nor specific rules for the transfer of proceedings (which can occur after parallel proceedings have been identified) were established in this instrument, or in any other instrument adopted by the EU to date. This book analyses the current EU legal framework on conflicts of jurisdiction and transfer of criminal proceedings, paying special attention to its numerous shortcomings and loopholes from a fundamental rights and due process of law perspective. The book begins with an assessment of the various principles and grounds used by Member States for claiming criminal jurisdiction. Secondly, de lege lata EU procedure on the settlement of conflicts of criminal jurisdiction, as well as its implementation in Spain and Italy, are thoroughly examined. After discussing the main principles and fundamental rights at stake, the author proposes two alternative and original de lege ferenda models for the prevention and settlement of conflicts of criminal jurisdiction and transfer of criminal proceedings, exploring the different possibilities offered by the EU's primary law.
It is a truism that the administration of criminal justice consists of a series of discretionary decisions by police, prosecutors, judges, and other officials. Analyzing the origins, nature, and impact of various efforts to control discretion, Taming the System is the first comprehensive history of the reform attempts in the past forty years. Of enormous value to scholars, reformers, and criminal justice professionals, Walker's book approaches the discretion problem through a detailed examination of four decision points: policing, bail setting, plea bargaining, and sentencing. In a field which largely produces short-ranged "evaluation research", this study, in taking a wider historical approach, distinguishes between the roles of administrative bodies (the police) and evaluates the longer-term trends and the successful reforms in criminal justice history. Serving as an "interim report" on what does and does not work in the system, Taming the System concludes that not only has the effort to control discretion been a unifying theme in criminal justice history, but that there have actually been some successes, resulting in reducing disparities in race and social class.
Law and Evidence: A Primer for Criminal Justice, Criminology, and Legal Studies, Third Edition introduces the complex topic of evidence law in a straightforward and accessible manner. The use and function of evidence in both criminal and civil cases is examined to offer a complete understanding of how evidence principles play out in the real world of litigation and advocacy. This revised Third Edition includes new discussions of rules and case law analysis, forensic cases, and evidentiary software programs. Key Features: Every chapter contains new legal authority that apples to traditional legal principles relevant to evidence law Offers full coverage of evidentiary codes and statutes Provides practical forms, checklists, and additional tools throughout for use by current and future practitioners Course ancillaries including PowerPointTM lecture slides and an Instructor's Manual with Test Bank are available with qualified course adoption.
The authors take a scalpel to South Africa's system of criminal justice during the Apartheid era. They focus on the case of the Sharpeville Six to analyse how criminal justice was used to make convictions easy to secure. Analysing the technicalities of the criminal law, as well as the quality of evidence and judicial reasoning in the case against the Six, Parker and Mokhesi-Parker also convey vividly through letters from death row, the sense these people made of their impending executions and how an international campaign to save their lives succeeded with only 18 hours to spare.
Author is a recognised leading expert in the field of extradition, and has served as a judge in Special Chamber on International Criminal Cooperation in Criminal Matters of the District Court of Amsterdam. Offers a comprehensive overview of key topics in extradition law Comparative approach includes case studies from a wide range of jurisdictions to give students a sense of extradition law in context Extradition is an increasingly important topic as governments and law enforcement agencies seek to keep pace with rising transnational crime
'To effectively combat corruption globally, the collection and dissemination of knowledge is crucial. This excellent book takes us a step forward in our collective efforts to better understand the causes and effects of corruption from an international perspective. Through its detailed analysis of the economic impact of corruption in a diverse range of countries, this publication provides us with a new resource to draw on in our future efforts to reduce corruption together worldwide.' - Dimitri Vlassis, United Nations Office on Drugs and Crime, Vienna, Austria Corruption presents many legal and regulatory challenges, but these challenges cannot be met by the law in isolation. This book presents economic analysis of crime as an essential tool for shaping an effective legal apparatus. The authors contend that in order to assess whether and how to regulate corruption, it is necessary to start with a thorough inquiry into the causes, institutional and social effects, and most of all, actual and potential economic and financial consequences of crimes. This, they argue, should inform and help shape a balanced legal and regulatory approach to corruption. Economic analysis is also the key to measuring the efficacy of current anti-corruption instruments, and in the light of this the book finds many existing legal counter-measures lacking. On the other hand, its assessment of new international instruments and their domestic implementation and enforcement, and the monitoring mechanisms embedded by certain international organizations, demonstrates a clear relationship between realistic economic analysis and effective solutions to the economic and legal problems posed by corruption. Offering a comprehensive legal study of corruption and grounded in economic analysis, this detailed book will appeal to scholars and researchers in crime and corruption, international public organizations and anti-corruption agencies. Contents: Foreword Preface Introduction Part I: Economics, Finance, and Governance Section 1: Economics 1. Opening Remarks: Corruption and Economic Analysis 2. Firms, Markets, and Corruption 3. Corruption and Macroeconomic Performance Section 2: Finance 4. Financial Markets: Bonds, Stocks, and Politically-connected Firms 5. The Impact of Corruption in Shares Returns of Euro-area Listed Industrial Firms 6. Operational Efficiency, Corruption, and Political Stability in Microfinance Section 3: Governance 7. Governance, Corruption, and Effects on Institutions Part II: Birth and Evolution of an Anti-corruption Global Legal Standard Trans-national Corruption and Effective Regulation Section 4: Cases of Trans-national Corruption: Description and Legal Issues 8. How Corruption Affects the Economic and Institutional Textures of States: three case examples Section 5: Horizontal Assessment of the International Hard Law Instruments 9. The US FCPA as the Archetype of the Supra-national Anti-bribery Regulation 10. The Emergence of an International Framework: Regional, International, and Multilateral Treaties and Initiatives 1 1. Criminalization of the Offence 12. Sanctions and Corporate Liability 13. Jurisdictional Issues 14. Mutual Legal Assistance and Extradition 15. Preventive and Non-criminal Related Measures 16. Follow up Procedures as Specific Cases of International Supervision 17. Asset Recovery Afterword Bibliography Index
This book provides a comprehensive, student-friendly and critical introduction to youth justice in England and Wales, offering a balanced evaluation of its development, rationale, nature and evidence base. It explores the evolution of definitions and explanations of youth offending and examines the responses to it that constitute youth justice. Bringing together theory, policy and practice, this book provides a balanced exposition of contemporary youth justice debates, including detailed discussions of governmental rationales, policy developments, practical issues and an extensive evaluation of critical academic positions. It includes a range of features designed to engage and inspire students: 'Stop and think': Activities challenging students to reflect on important issues. 'Conversations': Discussions of key themes and issues from the perspectives and experiences of relevant stakeholders, including policy makers and activists. 'Telling it like it is': Testimonies giving voice to the personalised, subjective and contentious viewpoints of youth justice influencers. 'Controversies and debates': Prompts to stimulate students to question and critique established knowledge and understanding by considering alternative angles. 'Recurring theme alerts': Boxes flagging recurring themes in the developing construction of youth offending and youth justice. The new edition has been fully revised and updated and includes discussion of revised National Standards in Youth Justice, the new 'Child First' strategic objective for youth justice, the 'trauma informed practice' movement, the impact of coronavirus on children in the Youth Justice System and the continued impact of austerity on policy and practice. This book is essential reading for students taking courses in youth justice, youth offending, youth crime, youth work and social policy.
This highly topical book is an original contribution to the current literature on counter-terrorist financing, compliance and soft law. Specifically, the book focuses on Financial Action Task Force recommendations and counter-terrorism financing legislation. This thought-provoking investigation demonstrates that an understanding of the counter-terrorism financing regime can shed light on the departure from regular international law-making processes, and on the emerging forms of international governance in an era of globalisation. An understanding of the regime s multi-layered approach shows how this can be replicated as a tool in the prevention and resolution of conflict and the promotion of international justice in areas such as human trafficking, drug trafficking, and weapons of mass destruction. This book will be an invaluable resource for those studying and researching in law, terrorism studies, criminal justice and finance, in particular comparative law and compliance with hard and soft law. It will also be relevant to policymakers and practitioners working in counter-terrorism.
This book interrogates Conservative government penal policy for adult and young adult offenders in England and Wales between 2015 and 2021. Government penal policy is shown to have been often ineffective and costly, and to have revived efforts to push the system towards a disastrous combination of austerity, outsourcing and punishment that has exacerbated the penal crisis. This investigation has meant touching on topical debates dealing with the impact of resource scarcity on offenders' experiences of the penal system, the impact of an increasing emphasis on punishment on offenders' sense of justice and fairness, the balance struck between infection control and offender welfare during the government handling of the SARS-CoV-2 pandemic and why successive Conservative governments have intransigently pursued a penal policy that has proved crisis-exacerbating. The overall conclusion reached is that penal policy is too important to be left to governments alone and needs to be recalibrated by a one-off inquiry, complemented by an on-going advisory body capable of requiring governments to 'explain or change'. The book is distinctive in that it provides a critical review of penal policy change, whist combining this with insights derived from the sociological analysis of penal trends.
Honour based violence and abuse manifests itself in different forms, and this book offers a comprehensive understanding of this phenomenon. This book argues that the limits of honour crimes must be defined more widely so that they include conducts and behaviours that originate from the patriarchal notion of honour, such as honour based oppression and breast ironing. The book provides a critical analysis and synthesis of the law in England and Wales and in the international human rights sphere. The relevant domestic legislation and cases are examined to reflect on whether adequate protection is provided for the victims and potential victims of honour based violence and abuse. Since honour based violence is a violation of human rights, the relevant international human rights law is examined to illustrate the perception of such crimes in the international arena. The effectiveness of any remedy for victims of honour based violence and abuse depends on its capability to change deep rooted behaviours in communities with honour based patriarchal values. This book argues that the law does not provide the effective impact required, in part due to patriarchal structures, and that more efforts should be dedicated to changes in education. It is held that there is a need for an educational programme that is especially designed to tackle violence and promote gender equality. The book will be essential reading for academics, researchers and policy-makers working in the areas of Human Rights Law, Criminal Law and Gender Studies.
This collection focuses on the existential predicaments and choices
that underpin current debates and developments in the governance of
crime and criminal justice and argues for the relevance of
existentialist thought for enhancing a critical and philosophically
inspired criminological imagination.
Criminal Justice Internships: Theory Into Practice, Tenth Edition, guides the student, instructor, and internship site supervisor through the entire internship process, offering advice and information for use at the internship site as well as pre-planning and assessment activities. With increasingly more programs offering or requiring internships, the need for guidance is answered by McBride's counsel, offering students a means of enhancing their credentials and gaining a foothold in a competitive job market. Divided into four sections Pre-internship Considerations, Professional Concerns, The Role of the Organization, and Assessment and Career Planning this book offers resources to enrich the student's experience and lay the foundation for future professional success. Students learn basics such as choosing an internship site at either a public agency or a private firm, resume-writing techniques, effective use of social networks, interviewing skills, and the importance of setting and developing goals and assessing progress. The book serves as a reference tool for professors and supervisory personnel who assist and supervise students during their internships. Suitable for all Criminal Justice, Justice Studies, Financial Crimes and Cybersecurity Investigations, and Pre-law undergraduate programs, Criminal Justice Internships is also useful in Social Sciences programs with a service-learning component.
In analyzing the fraud-facilitated leveraged buyouts engineered by Michael Milken and the firm of Drexel Burnham Lambert, the author suggests that such buyouts have multiple and extensive consequences for the organization of business and the economy. Zey also demonstrates how ordinary bond trading networks were linked to the extraordinary networks of the Boesky Organizations and Employee Private Partnerships in order to defraud bond issuers and buyers. This book debunks the myth of rational economic organization in the 1980s and establishes broad implications for theories of organizational deviance. |
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