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Books > Law > Laws of other jurisdictions & general law > Criminal law
This book bridges a scholarly divide between empirical and normative theorizing about procedural justice in the context of relations of power between citizens and the state. Empirical research establishes that people's understanding of procedural justice is shaped by relational factors. A central premise of this volume is that this research is significant but needs to be complemented by normative theorizing that draws on relational theories of ethics and justice to explain the moral significance of procedures and make normative sense of people's concerns about relational factors. The chapters in Part 1 provide comprehensive reviews of empirical studies of procedural justice in policing, courts and prisons. Part 2 explores empirical and normative perspectives on procedural justice and legitimacy. Part 3 examines philosophical approaches to procedural justice. Part 4 considers the implications of a relational perspective for the design of procedures in a range of legal contexts. This collection will be of interest to a wide academic readership in philosophy, law, psychology and criminology.
Terrorism: Commentary on Security Documents is a series that provides primary source documents and expert commentary on the worldwide counter-terrorism effort. Among the documents collected are transcripts of Congressional testimony, reports by such federal government bodies as the Congressional Research Service (CRS) and the Government Accountability Office (GAO), and case law covering issues related to terrorism. Each volume carries a single theme, and inside each volume the documents appear within topic-based categories. The series also includes a subject index and other indices that guide the user through this complex area of the law. Volume 121, Nuclear Non-Proliferation Treaty, covers recent developments relating to the 2010 NPT Review Conference, primarily those pertaining to Iran and North Korea. After the 2005 Review Conference ended without a final consensus declaration due to disputes over Iran's nuclear activities, Israel's nuclear program, and implementation of the Middle East nuclear weapon-free zone, the lack of consensus in 2005 combined with continued concern over the nuclear programs of Iran and North Korea made the 2010 Review Conference a critical moment in the achievement of the NPT's goals. Kristen Boon provides introductory analysis of the key documents relating to the NPT generally and the 2010 NPT Review Conference in particular. The documents in this volume include the Final Declaration of the 2000 Conference, statements made by the key parties at the 2010 Conference, the Final Statement of the 2010 Conference, and related UN Security Council resolutions from 2009 and 2010. Professor Boon also includes renewed discussion of two critical past documents, the U.S. Nuclear Posture Review Report of April 6, 2010, and the U.S. National Security Strategy of May 27, 2010.
Terrorism: Commentary on Security Documents is a series that provides primary source documents and expert commentary on the worldwide counter-terrorism effort. Among the documents collected are transcripts of Congressional testimony, reports by such federal government bodies as the Congressional Research Service (CRS) and the Government Accountability Office (GAO), and case law covering issues related to terrorism. Most volumes carry a single theme, and inside each volume the documents appear within topic-based categories. The series also includes a subject index and other indices that guide the user through this complex area of the law. Volume 122, U.N. Response to Al Qaeda-Developments Through 2011, discusses recent actions by the United Nations in response to Al-Qaeda, particularly focusing on sanctions under Security Council Resolution 1267 as well as regional responses and court challenges to 1267 sanctions. The documents introduced by Kristen Boon include the key Security Council resolutions, EU regulations, court decisions, and reports by Security Council committees and external bodies.
With the publication of Terrorism: Commentary on Security Documents, Index IV, Oxford University Press continues to provide periodic stand-alone volumes containing cumulative indexes for the individual volumes in the series. Index IV (covering Terrorism Vols. 101-120) adds to the previous index volumes in order to ensure comprehensive searchability within the series. The availability of the cumulative index as well as the volume-specific indexes makes the series more convenient for the reader and provides the researcher with multiple ways to search for information. Index IV also features improved double-columned index formatting, for ease of use in a more compact volume. Although each volume in Terrorism: Commentary on Security Documents contains its own volume-specific index, this comprehensive index fully indexes the last twenty volumes in the Terrorism series. Only subject indexes are included in the individual volumes, whereas this comprehensive index includes five different types of indexes including a subject index, an index organized according to the title of the document, an index based on the name of the document's author, an index correlated to the year of the document, and a subject-by-year index. This cumulative index volume therefore provides readers with multiple ways to conduct research within Volumes 101-120 of Terrorism: Commentary on Security Documents.
Bringing together a range of perspectives, this book establishes a criminology of the domestic, paying particular attention to emerging spatial and relational reconfigurations. We move beyond criminologies of public and urban domains to consider over-looked non-public locales, and crimes and harms that occur in the home and other private spaces. Developed in the context of the COVID-19 lockdowns, where distinctions between public and private became increasingly untenable, the book considers how the pandemic has accelerated new patterns of behaviour, enabled by technology and shifting social relations. Drawing on a range of criminological topics, including victimisation, offending, property and violent crime, consumption, deviance and leisure, and zemiology, the book argues that the domestic sphere, and its relation to the public realm, needs to be more carefully conceptualised if criminology is to respond to new spatial and relational dimensions of changing lifestyles. An accessible and compelling read, this book will appeal to students and scholars of criminology, sociology, politics, geography, history, gender, surveillance and security and all those interested in a criminology of the domestic sphere.
A Guide to National Security offers an analysis of the threats and
policy responses facing the UK, presented within the framework of
the Government's National Security Strategy and the Strategic
Defence and Security Review. It explores the processes and
developments which have shaped the transformation of national
security over the last three decades, and critically examines the
processes of politicisation and securitisation that have delivered
the new strategic vision.
This book analyses the impact of Integrated Offender Management (IOM) on contemporary policing and separates the rhetoric from the reality. Drawing on a qualitative study within an English police force over two years, this book examines the experiences of prolific offenders, subject to IOM, and sheds light on the culture and practice of the police and staff from other criminal justice agencies, working within the scheme. While IOM has been judged to have had initial successes in reducing the criminal activities of prolific offenders, this book tests the validity of such claims, and considers the apparent disjuncture between policy statements made about the workings of IOM and how IOM policing operations are realized on the ground. It makes a unique contribution to research on police culture and practice, and multi-agency working in the criminal justice system. An accessible and compelling read, this book will appeal to policy makers, as well as students and scholars of criminology, sociology policing, and politics.
Terrorism: Commentary on Security Documents is a hardbound series that provides primary-source documents and expert commentary on the worldwide counter-terrorism effort. Among the documents collected are transcripts of Congressional testimony, reports by such federal government bodies as the Congressional Research Service (CRS) and the Government Accountability Office (GAO), and case law covering issues related to terrorism. Most volumes carry a single theme, and inside each volume the documents appear within topic-based categories. The series also includes a subject index and other indices that guide the user through this complex area of the law. Volume 119, Catastrophic Possibilities Threatening U.S. Security, discusses the nightmare scenario of a catastrophic attack on the United States. While the U.S. national security apparatus remains focused on the "wars" in Iraq and Afghanistan and appears to be postulating a future international security environment defined largely by threats increasingly posed by weak, failing, and failed states, astute strategists are not discounting the possibility of a catastrophic attack on the United States. In this volume, Douglas Lovelace presents a number of documents that help describe, explain, and assess the nature and severity of the threat of a catastrophic attack. Offering expert commentary for each section, Lovelace groups the documents into three categories: Catastrophic Potentialities in the International Security Environment, Countering the Proliferation of Nuclear Weapons and Nuclear Materials, and Catastrophic Cyber Attack. Documents include a Department of Defense overview of the four categories of strategic challenges, a Government Accountability Office report addressing weapons of mass destruction and the actions needed to allocate resources for counterproliferation programs, and an insightful overview of the threat of catastrophic cyber-attack by the Department of Homeland Security. The commentary and primary sources in Volume 119 will apprise researchers and practitioners of international law and national security of the perils of a catastrophic attack against the United States posed by terrorists, radicals, state failure, and humanitarian disasters.
The book examines the international treaty regimes and the Indian laws in depth. It also looks into the landmark cases, decided by both, the domestic courts in India and the international tribunals. The book would give an understanding between the concepts of extradition in relation to terrorism-related cases. It would provide an in-depth understanding of the inter-relatedness of the various branches of International law and the municipal laws as well.
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.
Women, Trauma, and Journeys towards Desistance: Navigating the Labyrinth provides an examination of women's desistance from crime from a gender-responsive, trauma-informed perspective. The book is based on the reflections of fifty-six women over a three-year period as they transition from custody to the community. With the women, the author examines how experiences of trauma, victimisation, and intersectional oppression constrain access to traditional desistance supporting processes, including supportive relationships, identity construction, the exercise of agency, and engagement with treatment and interventions, reframing these processes from trauma-informed perspective. The book joins together the women's insights and experiences with principles of gender-responsive, trauma-informed principles in a framework through which criminal justice practitioners can support women in their efforts to leave crime behind. The framework for practice is a fusion of concepts from desistance theory, principles of gender-responsivity, and trauma-informed practice designed to help women understand the root causes of the problems they face in the present whilst building on their resilience and strengths to achieve their goals for their futures. This book is ideal reading for scholars and students of criminology and criminal justice, particularly rehabilitation, gender and crime, and feminist criminology. It will also be of interest to academics and practitioners of forensic psychology and social work, as well as probation officers, social workers and prison officers.
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.
Utilizing Foucault's genealogical method, this book traces the history and development of the victim from feudal law, arguing that the historical power of the victim to police, prosecute, and punish offenders significantly informed the development of the modern criminal law and justice system. Leading to the repositioning of the victim into the twenty-first century, this book advocates the victim as an agent of change, presenting a new perspective for the relevance of the victim in today's justice system.
For many years, Antony Duff has been one of the world's foremost
philosophers of criminal law. This volume collects essays by
leading criminal law theorists to explore the principal themes in
his work. In a response to the essays, Duff clarifies and develops
his position on central problems in criminal law theory.
This collection brings together international experts to present a comparative analysis of wrongful conviction and criminal procedure. The volume takes an interdisciplinary approach with authors drawn from a broad range of backgrounds including law, psychology, forensics and journalism. All are experts in their field with direct experience of the investigation of wrongful conviction in their own countries. Focusing on the main areas of concern in their own jurisdiction, each author discusses common themes including: the extent of the problem; the types of cases that feature in miscarriages of justice; the legal mechanism for the correction of a wrongful conviction; compensation for the wrongly convicted; public awareness and concern about the issue generally and in light of high-profile cases; and the extent to which wrongful conviction has driven criminal justice reform. The book will be essential reading for students, researchers and policy-makers interested in Comparative Law, Criminology and Psychology.
* The military tribunals organized by the Allies in Nuremberg in 1945 were described as 'the greatest trial in history' by Norman Birkett, one of the British judges who presided over them * The first of the trials began 70 years ago on 20 November, and last ended almost a year later
Volume 114 of Terrorism: Commentary on Security Documents, European Responses to Terrorist Radicalization, approaches the subject as it has been identified and addressed by the United Kingdom, the Netherlands, and Germany. The introduction to this provides background information on terrorist incidents, and evaluates the evolution of policy on radicalization. It also contains an analysis of radicalization generated by the Organization of Security and Cooperation in Europe, providing insight into trans-European cooperation efforts relating to counter-radicalization policy in Europe.
This volume presents a leading contribution to the substantive arena relating to homicide in the criminal law. In broad terms, the ambit of homicide standardisations in extant law is contestable and opaque. This book provides a logical template to focus the debate. The overall concept addresses three specific elements within this arena, embracing an overarching synergy between them. This edifice engages in an examination of UK provisions, and in contrasting these provisions against alternative domestic jurisdictions as well as comparative contributions addressing a particularised research grid for content. The comparative chapters provide a wider background of how other legal systems treat a variety of specialised issues relating to homicide in the context of the criminal law. The debate in relation to homicide continues apace for academics, practitioners and within the criminal justice system. Having expert descriptions of the wider issues surrounding the particular discussion and of other legal systems' approaches serves to stimulate and inform that debate. This collection will be a major source of reference for future discussion.
In Genocide Denials and the Law, Ludovic Hennebel and Thomas
Hochmann offer a thorough study of the relationship between law and
genocide denial from the perspectives of specialists from six
countries. This controversial topic provokes strong international
reactions involving emotion caused by denial along with concerns
about freedom of speech.
This book discusses the relation between morality and politics, and morality and law, a field that has been studied for more than two thousand years The law is a part of human culture, and this touches upon a dynamic reality that is connected to the relation between nature and freedom, nature and culture. If such relations are not clearly understood, as is the case today, the relation between morality and law cannot be properly comprehended either. The relationship between morality and criminal law must constantly evolve to meet the needs of changing times and circumstances. Social changes and new situations require new answers. And since the relationship involves criminal law, legal philosophy and legal history, interdisciplinary approaches are always needed. Featuring fifteen original contributions by legal scholars from various European and American universities, the book does not pretend to solve the complexity of the relation between morality and criminal law, but instead expresses criticism, offers some proposals and stimulates further thought. The book tackles the topic from an interdisciplinary perspective (criminal law, constitutional law, legal philosophy and legal history, among others). As such, it appeals not only to scholars and students, but also to lawyers, policymakers, historians, theologians, philosophers and general readers who are interested in the legal, social, political and philosophical issues of our time.
One of the most contentious and high-profile aspects of EU
competition law and policy has been the regulation of those serious
competition or antitrust violations now often referred to as 'hard
core cartels'. Such cartel activity typically involves large and
powerful corporate producers and traders operating across Europe
and beyond, and comprise practices such as price fixing, bid
rigging, market sharing, and limiting production in order to ensure
'market stability' and maintain and increase profits. There is
little disagreement now, in terms of competition theory and policy
at both international and national levels, regarding the damaging
effect of such trading practices on public and consumer interests,
and such cartels have been subject to increasing condemnation in
the legal process of regulating and protecting competition.
Why should a Spanish court take jurisdiction over an American
lawyer accused of facilitating torture on Guantanamo Bay? What
empowers a London magistrate to sign an arrest warrant for a former
Chilean President? Can it be legitimate or morally defensible for
an Israeli court to try a former Nazi whose crimes occurred outside
Israel and indeed prior to the establishment of Israel?
This book is an attempt to approach the issue of defining international terrorism, proposing that the most workable way to do so is to achieve due balance between the two principal driving forces of international law developments: State sovereignty interests and cosmopolitan ideals. All those who aspire to the promotion of international criminal justice and the fight against impunity agree that the formulation of a universal definition of international terrorism will further enhance the fight against terrorism and offer a universally acceptable legal framework within which this fight can be conducted. Discussed in an in-depth manner are, for instance, the UN Charter Provisions, the Rome Statute and the principle of complementarity, the Kampala amendments on the crime of aggression, the paradigms of aggression and terrorism, and prominent anti-terrorist Security Council Resolutions such as Resolution 1368 and Resolution 1373. The volume broadens the reader's understanding on how State sovereignty interests and priorities as well as ideals of cosmopolitanism have influenced the development of international law in general and international criminal law in particular. Furthermore, it simplifies the complicated picture of defining international crimes by explaining how the 'State sovereignty' and 'Cosmopolitanism' dynamics have also been of relevance throughout the drafting process of the definition of the crime of aggression for the purposes of the Rome Statute for the International Criminal Court. In addition, it equips the reader with an understanding of the reasons behind the lack of an international definition for terrorism and suggests an appropriate context within which such a definition can take shape. It intends to appeal to academics and students with an interest in international criminal law and the international criminal justice system, international law and security, but also to anyone with an interest in transnational crime and counter-terrorism. Stella Margariti has recently graduated from the University of Dundee where she attained the title of Doctor from the School of Law.
The volume presents the seminal articles in the economic analysis of the criminal law. The articles include the path-breaking theoretical economic analyses of criminal behavior and the leading empirical tests of these theories. The volume also contains the most prominent economic analyses of the substantive doctrines of criminal law and criminal procedure. Other articles present influential applications of economic concepts and evidence to perennial issues in criminal law and criminal justice, such as gun control, drug prohibition, and sentencing policy. An introduction by the volume editors provides a comprehensive overview of the works included. Economics of Criminal Law will be an essential source of reference for scholars, graduate students in both law and in economics, and practitioners. |
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