Maintaining the importance of socio-economic issues in devising transitional justice mechanisms, this book examines the widespread practice of land grabbing in Afghanistan. On 3 September 2003, 100 armed police officers bulldozed around 30 homes in the Sherpur neighborhood of Kabul, Afghanistan, evicting over 250 people. Historically, the land was part of the property of the Ministry of Defense, of which a zone was allocated to the ministry's employees who had built homes and had lived there for nearly 30 years. After the demolition, however, the land was distributed among 300 high-ranking government officials, including ministers, deputy ministers, governors and other powerful warlords. Land grabbing in Afghanistan has become a widespread practice across the country. Based on over 50 semi-structured interviews with key informants and group discussions with war victims and local experts in Kabul, the current book examines the relevance of transitional justice discourse and practice in response to this situation. Following a critical criminological concern with social harm, the book maintains that it is not enough to consider a country's political history of violent conflict and the violation of civil and political rights alone. Rather, to decide on appropriate transitional justice mechanisms, it is crucial to consider a country's socio-economic background, and above all the socio-economic harm inflicted on people during periods of violent conflict. This original and detailed account of the socio-economic challenges faced by transitional justice mechanisms will be of interest to those studying and working in this area in law, politics, development studies and criminology.

* Offers context while providing a coherent, applied overview of a wide range of suspect vulnerabilities and how to address them when interviewing * Serves as a practical guide to interviewing vulnerable suspects for both uniform police and detectives. * The only book on interviewing vulnerable suspects that includes the most up-to-date legal considerations and challenges of modern society

Ever since Marx, the future of capitalism has been fiercely debated. Marx and his followers predicted capitalism will end by violent overthrow, while others prophesied its demise will be the result of collapsing under its own weight. Still others argue that capitalism will not only continue to exist but continue to expand globally. This book takes a distinctively different approach by presenting solid evidence that capitalism has already ended. The author argues that corporate statutory law, securities laws, and generally accepted accounting principles have combined to cause the extinction of capitalists. Without capitalists as owners of capital, there can be no capitalism. The book examines the factors that converged to contribute to and hasten the extinction of capitalists, and thus of capitalism as an economic system, in an ironic case of the law of unintended consequences. The very things that were intended to promote, protect, and sustain capitalism are the things that caused its death. It exposes the fallacy that capitalism as an economic system not only continues to exist but is expanding globally. Capitalism is extinct and the social system constructed on capitalism as an economic system cannot be sustained. This book will appeal to economists, accountants, historians, political scientists, lawyers and sociologists, as well as students of those disciplines.

Drawing on in-depth research, including interviews with former and serving detectives, this book explores how homicide investigation in England and Wales has changed since the 1980s and the opportunities and challenges that have arisen as a consequence. The investigation of homicide in England and Wales became subject to significant reform in the 1980s, when the inquiry into the Yorkshire Ripper investigation identified numerous failings in how the hunt for Peter Sutcliffe was conducted. These investigations have been subject to criticism and change from that moment onwards. This book explores how change has shaped every facet of these investigations, with four main areas identified: science and technology; legislation, regulation and guidance; investigative practice; and lastly, detective status and culture. The work shows that change has been the result of four primary catalysts: a growing preoccupation with risk, the changing political landscape, reactions to miscarriages of justice and other cases, and advances in science and technology. What has been lost and gained as a result of change is also explored. It has, in many ways, been positive as scientific and technological advances allow investigators to plot an offender's movements and draw a clearer picture of what transpired. However, change has created today's more risk-averse homicide detectives, who must manage the vast amounts of technological information that modern-day investigations now generate. They must also contend with a raft of legislation and guidance that now govern investigations and budget pressures not faced by their predecessors. The book will be a valuable resource for students, researchers and policymakers in the areas of criminal law and procedure, criminal justice, criminology, and policing.

This book articulates an empirically grounded theory of law applicable throughout history and across different societies. Unlike natural law theory or analytical jurisprudence, which are narrow, abstract, ahistorical, and detached from society, Tamanaha's theory presents a holistic vision of law within society, evolving in connection with social, cultural, economic, political, ecological, and technological factors. He revives a largely forgotten theoretical perspective on law that runs from Montesquieu through the legal realists to the present. This book explains why the classic question 'what is law?' has never been resolved, and casts doubt on theorists' claims about necessary and universal truths about law. This book develops a theory of law as a social institution with varying forms and functions, tracing law from hunter-gatherer societies to the modern state and beyond. Tamanaha's theory accounts for social influences on law, legal influences on society, law and domination, multifunctional governmental uses of law, legal pluralism, international law, and other legal aspects largely overlooked in jurisprudence.

* Structured approach from fundamental knowledge to entanglements between the concepts and the business needs * Simple and straight to the point presentation with diagrams and figures to help the understanding * Key points to take into account to design and implement an audit strategy based on company size * An overarching book on audit providing links between the different ways to audit a company * No boring or complex audit technical knowledge nor IT technical knowledge * Historical backgrounds to demonstrate that if the digital wave is new however the underlying risks are not.

Develops a new conceptualisation of lawfare that recognises the polysemantic nature of the term. Illustrates the multifaceted character of lawfare with a wide range of historical and contemporary cases from across the globe, and analyses the implications of actors pursuing political objectives through legal means. Will appeal to scholars and students of law, international relations, political science, anthropology, and sociology.

Often examined separately, this timely volume provides a detailed exploration of the nexus between family violence and sexual offending. Recognising family and sexual violence as highly interrelated issues, it uncovers the challenges and paradoxes of addressing them as separate versus coinciding problems. What is lost and gained when we treat family violence and sexual offending according to the same framework? Light is shed on the nature and dynamics of offending; various terminology (e.g., domestic abuse, intimate partner violence, grooming, coercive control); political and policy contexts; myths and misconceptions; policing and investigative responses; children as overlooked victim-survivors; and the punishment and treatment of offenders. Drawing on international literature, case studies, and stakeholder interviews, the book encourages critical consideration to inform future policy, practise, and research, ultimately prompting stronger approaches to reflect victim-survivors' realities and needs. The book is relevant to the work of professionals in the social service and criminal justice sectors (e.g., police, policymakers, social workers, advocates, and counsellors), and will be of key interest to researchers and students in diverse academic fields such as criminology, forensic psychology, social work, and socio-legal studies.

This edited volume rethinks the relationship between power and law in the age of China's rise by examining recent developments in the South China Sea (SCS). The contributors explore different interpretations of international law on the legal status of the contested islands and rocks and provide detailed analyses of the contested concepts and provisions, the 2016 ruling by the SCS arbitration tribunal, as well as the environmental, economic, and political impacts of the ruling. This book facilitates a more meaningful and productive dialogue over the intersection, interaction, and interdependence between power and law in the context of the SCS. Assessing the interactions between political, legal, and normative forces, it provides insights into the specific dynamics of the dispute and the shifting security landscape in the region, but also offers a basis for thinking more deeply about the broader rise of China. This book will appeal to both students and scholars of IR, International Law, and Asian Studies and those engaged in research on the SCS disputes, the rise of China, and with a theoretical interest in law and power in international affairs.

This book uses a controversial criminal immigration court procedure along the Mexico-U.S. border called Operation Streamline as a rich setting to understand the identity management strategies employed by lawyers and judges. How do individuals negotiate situations in which their work-role identity is put in competition with their other social identities such as race/ethnicity, citizenship/generational status, and gender? By developing a new and integrative conceptualization of competing identity management, this book highlights the connection between micro level identities and macro level systems of structural racism, nationalism, and patriarchy. Through ethnographic observations and interviews, readers gain insight into the identity management strategies used by both Latino/a and non-Latino/a legal professionals of various citizenship/generational statuses and genders as they explain their participation in a program that represents many of the systemic inequalities that exist in the current U.S. criminal justice and immigration regimes. The book will appeal to scholars of sociology, social psychology, critical criminology, racial/ethnic studies, and migration studies. Additionally, with clear descriptions of terminology and theories referenced, students can learn not only about Operation Streamline as a specific criminal immigration proceeding that exemplifies structural inequalities but also about how those inequalities are reproduced-often reluctantly-by the legal professionals involved.

This book traces the evolution of the welfare interests of the child principle over the centuries in England & Wales to provide a record of the key milestones in its development. It does so by comparing and contrasting the part it has played in the public - care, protection and control - and in the private - matrimonial, adoption etc - sectors of family law. By analysing the content of the principle this book discloses the essence of what has been termed 'the golden thread running through the common law'. By considering the ways in which the legal system has shaped and been shaped by the principle, it reveals its structural influence. By identifying and assessing the significance of its operational role and functions, it shows how this principle has changed the law relating to children. In addition to a digest of cases and legislation that tracks the evolution of this legal principle, academics and other researchers will find a wealth of information on how that evolution reflects the corresponding changes in social mores. For those interested in the ethics and morality, there is much illuminating evidence on how the law has balanced this principle relative to others within both civil and criminal contexts.

This book studies the history of intercultural human rights. It examines the foundational elements of human rights in the East and the West and provides a comparative analysis of the independent streams of thought originating from the two different geographic spaces. It traces the genesis of the idea of human rights back to ancient Indian and Greco-Roman texts, especially concepts such as the Rigvedic universal moral law, the Upanishadic narratives, the Romans' model of governance, the rule of law, and administration of justice. It also looks at Cicero's concept of rights and duties which focuses on quality of compassion and fair play, and Seneca's expositions on mercy, empathy, justice, and checks on the arbitrary exercise of power. An important contribution, this book fills a significant gap in the study of human rights. It will be useful for students and researchers of political science, ancient history, religion and civilizations, philosophy, history, human rights, governance, law, sociology, and South Asian studies. The book also caters to general readers interested in the history of human rights.

This edited book explores prison masculinities, drawing from a wide range of international researchers to highlight how masculinities may divert from the "hypermasculine" or macho typology typically found in the prison masculinities literature. The book includes a diverse selection of writing on masculinities "in" and "of" prison; masculinities experienced by those living within, working, and experiencing prison as well as historical and critical accounts of masculinities from around the world. The contributors highlight how masculinities are experienced in a multitude of ways as is evidenced in both qualitative and quantitative research with men before, during, and after imprisonment; with correctional officers and staff; in the analysis of public records, in the critical examination of Sykes' seminal work; and in historical and contemporary Australian society. Evidenced in writing drawn from Australia, the Dominican Republic, Ukraine, Hong Kong, the United States, Scotland, and the Netherlands, the contributors acknowledge that rather than being fixed, discourses around prison masculinities now include sexuality, gender identity, and diverse understandings around masculinities as strategic, hegemonic, and ever changing. Prison Masculinities is important reading for students and scholars across disciplines, including criminology, sociology, gender studies, law, international relations, history, health, psychology, and education. Chapter 4 of this book is available for free in PDF format as Open Access from the individual product page at www.routledge.com . It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

This book introduces law in the context of international business. The basics of law are explored using a clear comparative methodology. International and regional economic institutions are discussed, next to the fundaments of private law. These include contract law, liability law, labour law, company law, privacy law, intellectual property law and international private law. The book goes beyond the usual focus on Western legal systems and uses examples from all over the world to provide students with comprehensive knowledge of business law. It is set up rather broadly, so that it can be used by teachers throughout their entire curriculum. Each chapter ends with a clear summary, and practice questions. Due to its colourful cases, this book is accessible and fun to read.

This book offers a new theory of federalism. The work critically discusses traditional federal theories and builds on theories that focus on the dynamics of federalism. It offers a definition of federalism and federal organizations that encompasses both new and old types of multi-tiered system. Unlike traditional federal theory, it is well-suited to research both multinational and mononational systems. It also takes into account the complexity of these systems, with bodies of governance at the local, regional, national, and supranational level. The book is divided into three parts: the first part outlines the contours of dynamic federalism, based on a critical overview of traditional federal theory; the second part develops comprehensive indexes to measure autonomy and cohesion of multi-tiered systems; and the third part focuses on the dynamics of federal organizations, with a special focus on institutional hubs for change. Dynamic Federalism will be an essential resource for legal, social, economic, and political scholars interested in federalism, regionalism, and de/centralization.

This comparative analysis examines the scope of prosecutorial powers at different phases of criminal investigation in four countries: the United States, Italy, Poland, and Germany. Since in all four the number of criminal cases decided without trial is constantly increasing, criminal investigation has become central in the criminal process. The work asks: who should be in charge of this stage of the process? Prosecutors have gained tremendous powers to influence the outcome of the criminal cases, including powers once reserved for judges. In a system in which the role of the trial is diminishing and the significance of criminal investigation is growing, this book questions whether the prosecutor's powers at the early stage of the process should be enhanced. Using a problem-oriented approach, the book provides a parallel analysis of each country along five possible spheres of prosecutorial engagement: commencing criminal investigation; conducting criminal investigation, undertaking initial charging decisions; imposing coercive measures; and discontinuing criminal investigation. Using the competing adversarial-inquisitorial models as a framework, the focus is on the prosecutor as a crucial figure in the criminal process and investigation. The insights of this book will be of interest and relevance to students and academics in criminal justice, criminology, law, and public policy, as well as policymakers, government officials, and others interested in legal reform.

With a Foreword by Lars Vinx, this book is the first complete English translation of the Italian jurist, Emilio Betti's classic work Die Hermeneutik als allgemeine Methodik der Geisteswissenschaften, originally published in 1962. Betti's hermeneutical theory is presented here as a 'general methodology of the sciences of the spirit', such as to allow the achievement of objectivity, however relative it might be. Its central focus is the tension between an object, to be considered in its autonomy, and the subjectivity of the interpreter, who can understand the object only by means of his or her own categories, historical-cultural conditions, and interests. Set against the work of Bultmann and Gadamer, Betti is concerned to limit the arbitrariness of subjectivity without diminishing the place of interpretation. Detailing the principles that govern, and therefore, guide any interpretation, Betti traces how interpretation in art and in literature, as well as in the fields of science, jurisprudence, sociology, and economy, can be said to be objective, albeit only ever in a relative sense. This summa of Betti's key contribution to hermeneutic theory will be of interest across a range of disciplines, including legal and literary theory, philosophy, as well as the history and sociology of law.

This book is the first Australian study, based on extensive fieldwork, of the personal backgrounds and processes by which juveniles get drawn into risky and violent situations that culminate in murder. Drawing on interviews with every juvenile under sanction of life imprisonment in the State of South Australia (2015-2019), it investigates links in the chain of events that led to the lethal violence that probably would have been broken had there been appropriate intervention. Specifically, the book asks whether the existing criminal justice frame is the appropriate way to deal with children who commit grave acts. The extent to which prison facilitates and/or inhibits the mental, emotional, and social development of juvenile 'lifers' is a critical issue. Most - if not all - will be released at some point, with key issues of risk (public protection) and rehabilitation (probability of desistance) coming sharply to the fore. In addition, this book is also the first to capture how significant others including mothers, fathers, grandparents, and siblings are affected when children kill and the level of commitment these relatives have towards supporting the prisoner in his or her quest to build a positive future. Written in a clear and direct style, this book will appeal to students and scholars of criminology, sociology, andpenology; practitioners working in social policy; and all those interested in the lives and backgrounds of juvenile offenders.

We are obsessed with watching television shows and feature films about lawyers, reading legal thrillers, and following real-life trials. Yet, at the same time, most of us don't trust lawyers and hold them and the legal system in very low esteem.

In The Myth of Moral Justice, law professor and novelist Thane Rosenbaum suggests that this paradox stems from the fact that citizens and the courts are at odds when it comes to their definitions of justice. With a lawyer's expertise and a novelist's sensability, Rosenbaum tackles complicated philosophical questions about our longing for moral justice. He also takes a critical look at what our legal system does to the spirits of those who must come before the law, along with those who practice within it.

Examining the law of export credit insurance and export credit guarantees, this book clarifies the legal nature of ECI and ECGs as insurance and guarantees respectively by comparing their legal characteristics regarding contract formation process, terms and conditions, duty of fair presentation, claim handling process and subrogation and recoveries. It further explores why some export credit agencies provide export credit guarantees in addition to export credit insurance, notwithstanding that an ECG is a more client-friendly product and easier than ECI for banks to use. Analysing the legal principles applicable to export credit insurance and export credit guarantees reflected by English case authorities and statutory law, the book is a doctrinal study informed by substantive empirical research. It studies a large number of export credit insurance and export credit guarantee contractual terms, to propose several model clauses and scrutinise the influences of the Insurance Act 2015 on ECI. This book is an important reference for students, academics and practitioners in the field of commercial and insurance law. In particular, it seeks to provide guidelines for all potential parties who wish to arrange an ECI/ECG transaction, including export credit agencies, private credit insurers, brokers, banks, exporters and buyers, to correctly identify and choose the suitable cover.

Why have many victim-centred policy initiatives met with so little success? How have those initiatives unfolded differently in different global jurisdictions over different periods of time? This book aims to address these questions. Building on a major research project exploring victims' access to justice over time and place, Victims' Access to Justice considers the potentialities for victims' participation in criminal justice systems and in victim programmes both in historical and comparative context. It considers a range of topics: ways of identifying and accommodating victims' needs and senses of justice; the impacts for criminal justice systems of seeking to accommodate these; and the ways in which adversarial criminal justice systems, in particular, may enable or inhibit victim participation. This is essential reading for all those engaged in understanding and working with victims of crime.

This volume takes stock of the seminal contribution of Charles Beitz to the so-called "political turn" in the philosophy of human rights, whose origins are in the work of the late Rawls. In his already classic book The Idea of Human Rights (2009), Beitz proposes that human rights are better understood from the vantage point of their practice in the contemporary world. Instead of looking at these rights as legal and political instantiations of fully justified moral rights, Beitz reconstructs the idea of human rights as being part of a global discursive practice that can only be understood in the framework of the international system of states in which we live. In this system of interdependent states, with the consequent dispersion of political authority, human rights constitute an array of internal justifications and criticisms, rather than a blueprint of the ideal society. All the chapters in this volume draw on these fundamental ideas elaborated by Beitz and propose to extend them further in their connection with humanistic accounts of human rights, with the plurality of contexts in which the practice of human rights takes place, and finally, with the interconnections between these rights and global justice or intergenerational justice. The chapters in this book were originally published as a special issue of Critical Review of International Social and Political Philosophy.

In May 2021, Jim Gosler, known as the Godfather and commander of US agencies' cyber offensive capability, said, ''Either the Intelligence Community (IC) would grow and adapt, or the Internet would eat us alive.'' Mr Gosler was speaking at his retirement only several months before the terrorist attacks of 9/11. He possibly did not realise the catalyst or the tsunami that he and his tens of thousands of US IC offensive website operatives had created and commenced. Over the last two decades, what Mr Gosler and his army of Internet keyboard warriors created would become the modus operandi for every faceless, nameless, state-sponsored or individual cybercriminal to replicate against an unwary, ill-protected, and ignorant group of executives and security professionals who knew little to nothing about the clandestine methods of infiltration and weaponisation of the Internet that the US and UK agencies led, all in the name of security. This book covers many cyber and ransomware attacks and events, including how we have gotten to the point of massive digital utilisation, particularly during the global lockdown and COVID-19 pandemic, to online spending that will see twice the monetary amount lost to cybercrime than what is spent online. There is little to no attribution, and with the IC themselves suffering cyberattacks, they are all blamed on being sophisticated ones, of course. We are witnessing the undermining of our entire way of life, our economies, and even our liberties. The IC has lots to answer for and unequivocally created the disastrous situation we are currently in. They currently have little to no answer. We need-no, we must demand-change. That change must start by ensuring the Internet and all connections to it are secure and no longer allow easy access and exfiltration for both the ICs and cybercriminals.

The book gives a comprehensive overview of security issues in cyber physical systems by examining and analyzing the vulnerabilities. It also brings current understanding of common web vulnerabilities and its analysis while maintaining awareness and knowledge of contemporary standards, practices, procedures and methods of Open Web Application Security Project. This book is a medium to funnel creative energy and develop new skills of hacking and analysis of security and expedites the learning of the basics of investigating crimes, including intrusion from the outside and damaging practices from the inside, how criminals apply across devices, networks, and the internet at large and analysis of security data. Features Helps to develop an understanding of how to acquire, prepare, visualize security data. Unfolds the unventured sides of the cyber security analytics and helps spread awareness of the new technological boons. Focuses on the analysis of latest development, challenges, ways for detection and mitigation of attacks, advanced technologies, and methodologies in this area. Designs analytical models to help detect malicious behaviour. The book provides a complete view of data analytics to the readers which include cyber security issues, analysis, threats, vulnerabilities, novel ideas, analysis of latest techniques and technology, mitigation of threats and attacks along with demonstration of practical applications, and is suitable for a wide-ranging audience from graduates to professionals/practitioners and researchers.

There is increasing regulatory interdependence amongst Central, East and South East Asian, European and North American financial markets, and these markets account for over one-third of the world's population and global financial markets. As Asian markets become more integral to global financial economy, more cohesive, compatible and integrated insolvency and restructuring laws are essential. This two-volume work reviews why we should internationalise current cross-border insolvency and how we could restructure laws to address inadequacies. The two volumes evaluate international regulatory reforms directed at detecting and managing cross-border insolvency and restructuring crises across the entire economy including financial markets. The authors call for schemes of arrangements and letters of comfort to be formally accepted as international legal tools. The work also assesses recent, but as yet largely unregulated developments in financial agreements, particularly the use of close-out netting provisions that serve as significant protective mechanisms prior to the declaration of an insolvency. It discusses international arbitration, data protection and artificial intelligence in crossborder insolvency and restructuring. Finally, the book seeks a meaningful balance between self-regulation through financial contracts and other party practices, and regulation imposed by governments and international financial regulators. This extensive work will be a useful reference for legal practitioners, policy makers and scholars working on financial regulation and international financial laws.