This book provides a systematic and interdisciplinary examination of law and legal institutions in Malaysia. It examines legal issues from historical, social, and political perspectives, and discusses the role of law in relation to Malaysian multiculturalism, religion, politics, and society. It shows how the Malaysian legal system is at the heart of debates about how to deal with the country's problems, which include ethnic and religious divisions, uneven and unsustainable development, and political authoritarianism; and it argues that the Malaysian legal system has much to teach other plural polities, nations within the common law tradition, and federal states.

Fines and monetary damages account for the majority of legal sanctions across the whole spectrum of legal governance. Money is, in key respects, the primary tool law has to achieve compliance. Yet money has largely been ignored by social analyses of law, and especially by social theory. The Currency of Justice examines the differing rationalities, aims and assumptions built into money's deployment in diverse legal fields and sanctions. This raises major questions about the extent to which money appears as an abstract universal or whether it takes on more particular meanings when deployed in various areas of law. Indeed, money may be unique in that it can take on the meanings of punishment, compensation, denunciation or regulation. The Currency of Justice examines the implications of the 'monetization of justice' as life is increasingly regulated through this single medium. Money not only links diverse domains of law; it also links legal sanctions to other monetary techniques which govern everyday life. Like these, the concern with monetary sanctions is not who pays, but that money is paid. Money is perhaps the only form of legal sanction where the burden need not be borne by the wrongdoer. In this respect, this book explores the view that contemporary governance is less concerned with disciplining individuals and more concerned with regulating distributions and flows of behaviours and the harms and costs linked with these.

Since her appointment as the first woman to sit on the U.S. Supreme Court, Justice Sandra Day O'Connor has had a major, but largely unrecognized, influence on the collective jurisprudence of the Burger and Rehnquist Courts. In this comprehensive and systematic analysis of O'Connor's judicial contributions, Nancy Maveety describes how O'Connor has used accommodationist decision-making strategies to make substantive contributions to the development of both constitutional law and the Court's norms of collegiality. Skeptical of interpretations that seek to impose feminist conventions on O'Connor's judicial behavior, this account combines biographical data with an analytical discussion of O'Connor's crucial decisions. This is important reading for anyone interested in the Supreme Court and contemporary jurisprudence.

Focusing on the relationship between the micro level of perpetrator motivation and the macro level normative discourse, this book offers an in-depth explanation for the perpetration of genocide. It is the first comparative criminological treatment of genocide drawn from original field research, based substantially on the author's interviews with perpetrators and victims of genocide and mass atrocities, combined with wide-ranging secondary and archival sources. Topics covered include: perpetration in organizations, genocidal propaganda, the characteristics of perpetrators, decision-making in genocide, genocidal mobilization, coping with killing, perpetrator memory and trauma, moral rationalization, and transitional justice. An interdisciplinary and comparative analysis, this book utilizes scientific methods with the objective of gaining some degree of insight into the causes of genocide and genocide perpetration. It is argued that genocide is more than a mere intellectual abstraction - it is a crime with real consequences and real victims. Abstraction and objectivity may be intellectual ideals but they are not ideally humane; genocide is ultimately about the destruction of humanity. Thus, this book avoids presenting an overly abstract image of genocide, but rather grounds its analysis in interviews with victims and perpetrators of genocide in Rwanda, Burundi, Uganda, Bosnia, Cambodia, Bangladesh, and Iraq. This book will be highly useful to students and scholars with an interest in genocide and the causes of mass violence. It will also be of interest to policy-makers engaged with the issues of genocide and conflict prevention.

This ground-breaking collection dares to take the next step in the advancement of an autonomous, inter-disciplinary restorative justice field of study. It brings together criminology, social psychology, legal theory, neuroscience, affect-script psychology, sociology, forensic mental health, political sciences, psychology and positive psychology to articulate for the first time a psychological concept of restorative justice. To this end, the book studies the power structures of the restorative justice movement, the very psychology, motivations and emotions of the practitioners who implement it as well as the drivers of its theoreticians and researchers. Furthermore, it examines the strengths and weakness of our own societies and the communities that are called to participate as parties in restorative justice. Their own biases, hunger for power and control, fears and hopes are investigated. The psychology and dynamics between those it aims to reach as well as those who are funding it, including policy makers and politicians, are looked into. All these questions lead to creating an understanding of the psychology of restorative justice. The book is essential reading for academics, researchers, policymakers, practitioners and campaigners.

Over the last fifteen years, the analytical field of punishment and society has witnessed an increase of research developing the connection between economic processes and the evolution of penality from different standpoints, focusing particularly on the increase of rates of incarceration in relation to the transformations of neoliberal capitalism. Bringing together leading researchers from diverse geographical contexts, this book reframes the theoretical field of the political economy of punishment, analysing penality within the current economic situation and connecting contemporary penal changes with political and cultural processes. It challenges the traditional and common sense understanding of imprisonment as 'exclusion' and posits a more promising concept of imprisonment as a 'differential' or 'subordinate' form of 'inclusion'. This groundbreaking book will be a key text for scholars who are working in the field of punishment and society as well as reaching a broader audience within law, sociology, economics, criminology and criminal justice studies.

In 2007, the Corston Report recommended a far-reaching, radical, 'women-centred' approach to women's imprisonment in England and Wales. It suggested a 'fundamental re-thinking' about how services to support women in conflict with the law are delivered in custody and in the community, recommending the development and implementation of a decarceration strategy. This argued for appropriate treatment programmes in the community, reserving prison for only those women who commit serious and violent offences. Ten years on, what progress has been made? What is the relationship between Corston's vision and a more radical abolitionist agenda? Drawing on a range of international scholarship, this book contributes to the critical discourse on the penal system, human rights, and social injustice, revealing the consequences of imprisonment on the lives of women and their families. A decade on from Corston's publication, it critically reviews her report, revealing the slow progress in meeting the reforms it proposed. Identifying the significant barriers to change, it questions the failure to reverse the unrelenting growth of the women's prison population or to transform state responses to women's offending. Reflecting the global expansion of women's imprisonment, particularly marked in advanced democratic societies, the chapters include comparative contributions from jurisdictions where Corston's recommendations have relevance. It concludes with a critical appraisal of reformism and the case for penal abolition. Essential for applied and theory courses on prisons, punishment, and penology; social justice and the criminology of human rights; gender and crime; and feminist criminology.

This book provides a comparative analysis of the process of breach across ten different European jurisdictions by identifying and elaborating a number of key analytical themes through which the different systems can be compared and evaluated. It is informed by and hopes to advance the research activities of the COST Action IS1106 on Offender Supervision in Europe, particularly the Action's work on developing new comparative methodologies to examine the process of decision-making involved in the breaching of offenders for non-compliance. This volume consists of country chapters and thematic chapters. Analyses are based on exhaustive reviews of the literature available in each jurisdiction as well as the results of an empirical pilot study to provide a unique and valuable insight into current practice as well as enhancing our understanding of the contingencies and vagaries of the processes of breach as they exist in both civil and common law European jurisdictions. The key themes and emerging concerns that are explored include: the roles and responsibilities of the different actors involved in the breach process; the degree and nature of discretion exercised by decision-makers; and legitimacy, due process and procedural requirements of breach processes both from a pan-European and from a comparative perspective. This book will be of interest to criminal lawyers and criminologists, policy makers, criminal justice practitioners, probation workers and students of criminal justice studies across Europe. Comparative insight into the decision-making processes of breach across Europe will also be of interest to American, Canadian and Australian audiences seeking comparisons with their own systems.

A thought-provoking analysis of remedies for breach of contract, this book examines the commitment of English law to the protection of contractual performance. It considers specific remedies, termination, compensatory damages, gain-based monetary awards, punitive damages, and contractually negotiated remedies. It also looks forward by considering how the protection of performance could be strengthened in the future. The book approaches English law remedies for breach of contract through the comparative study of French law, which offers significant scope for informative contrast. It sheds new light on contractual remedies in both jurisdictions and challenges fundamental aspects of English law in this area. With coverage of lively academic debates and recent developments in the case law on both sides of the Channel, the book discusses topical issues. There is also commentary on aspects of two recent far-reaching reform projects relating to the French Civil code and of the Draft Common Frame of Reference. Indispensable reading for private lawyers from common and civil law backgrounds with an interest in remedies for breach of contract, whether comparatists or not, the book should prove to be an invaluable resource for students, academics and practitioners on the current state and future reform of the law in this area.

The Injustice of Punishment emphasizes that we can never make sense of moral responsibility while also acknowledging that punishment is sometimes unavoidable. Recognizing both the injustice and the necessity of punishment is painful but also beneficial. It motivates us to find effective means of minimizing both the use and severity of punishment, and encourages deeper inquiry into the causes of destructive behavior and how to change those causes in order to reduce the need for punishment. There is an emerging alternative to the comfortable but destructive system of moral responsibility and just deserts. That alternative is not the creation of philosophers but of sociologists, criminologists, psychologists, and workplace engineers; it was developed, tested, and employed in factories, prisons, hospitals, and other settings; and it is writ large in the practices of cultures that minimize belief in individual moral responsibility. The alternative marks a promising path to less punishment, less coercive control, deeper common commitment, and more genuine freedom.

A sequel to Bauer and Dawuni's pioneering study on gender and the judiciary in Africa (Routledge, 2016), International Courts and the African Woman Judge examines questions on gender diversity, representative benches, and international courts by focusing on women judges from the continent of Africa. Drawing from postcolonial feminism, feminist institutionalism, feminist legal theory, and legal narratives, this book provides fresh and detailed narratives of seven women judges that challenge existing discourse on gender diversity in international courts. It answers important questions about how the politics of judicial appointments, gender, geographic location, class, and professional capital combine to shape the lives of women judges who sit on international courts and argues the need to disaggregate gender diversity with a view to understanding intra-group differences. International Courts and the African Woman Judge will be of interest to a variety of audiences including governments, policy makers, civil society organizations, students of gender studies, and feminist activists interested in all questions of gender and judging.

This book summarizes and synthesizes a vast body of research on the effects of legal punishment and criminal behavior. Covering studies conducted between 1967 and 2015, Punishment and Crime evaluates the assertion that legal punishment reduces crime by investigating the impacts, both positive and negative, of legal punishment on criminal behavior, with emphasis on the effects of punitive crime control policies via the mechanisms of deterrence and incapacitation. Brion Sever and Gary Kleck, author of the renowned Point Blank: Guns and Violence in America, present a literature review on legal punishment in the United States that is unparalleled in depth and scope. This text is a must-read for students, researchers, and policymakers concerned with the fields of corrections and crime prevention.

What should be the primary goals of a judicial appointments system, and how much weight should be placed on diversity in particular? Why is achieving a diverse judiciary across the UK taking so long? Is it time for positive action? What role should the current judiciary play in the appointment of our future judges? There is broad agreement within the UK and other common law countries that diversity raises important questions for a legal system and its officials, but much less agreement about the full implications of recognising diversity as an important goal of the judicial appointments regime. Opinions differ, for example, on the methods, forms, timing and motivations for judicial diversity. To mark the tenth anniversary of the creation of the Judicial Appointments Commission (JAC) in England and Wales, this collection includes contributions from current and retired judges, civil servants, practitioners, current and former commissioners on the JAC and leading academics from Australia, Canada, South Africa and across the UK. Together they provide timely and authoritative insights into past, current and future debates on the search for diversity in judicial appointments. Topics discussed include the role and responsibility of independent appointment bodies; assessments of the JAC's first ten years; appointments to the UK Supreme Court; the pace of change; definitions of 'merit' and 'diversity'; mandatory retirement ages; the use of ceiling quotas; and the appropriate role of judges and politicians in the appointments process.

In DISSENT, award-winning investigative journalist Jackie Calmes brings readers closer to the truth of who Supreme Court Justice Brett Kavanaugh is, where he came from, and how he and the Republican party at large managed to secure one of the highest seats of power in the land. Kavanaugh's rise to the justice who solidified conservative control of the supreme court is a story of personal achievement, but also a larger, political tale: of the Republican Party's movement over four decades toward the far right, and its parallel campaign to dominate the government's judicial branch as well as the other two. And Kavanaugh uniquely personifies this history. Fourteen years before reaching the Supreme Court, during a three-year fight for a seat on the D.C. Circuit Court of Appeals, Democratic Senator Dick Durbin would say to Kavanaugh, "It seems that you are the Zelig or Forrest Gump of Republican politics. You show up at every scene of the crime." Featuring revelatory new reporting and exclusive interviews, DISSENT is a harrowing look into the highest echelons of political power in the United States, and a captivating survey of the people who will do anything to have it.

When potential litigants first approach a lawyer they are generally interested in finding out one thing only: are they likely to be able to win damages or any other kind of remedy and what kind of quantum of damages are they likely to receive? It becomes the lawyer's main task to try to argue for a remedy and to persuade the court that the plaintiff has a good cause of action. Textbooks about contract and tort frequently treat damages and other remedies as an after-thought when in fact it is the issue of remedies which is a constant and ever-present consideration for the plaintiff and his or her lawyer. This new book, containing contributions from many of the UK's leading specialists, brings to the fore a range of issues which are of topical interest to litigators and to teachers of law. In some instances the issues are currently the subject of reform proposals and these essays usefully highlight the principal issues facing the reformers and the objections which have been raised by those opposed to reform. In addition four of the essays tackle a strand of tort law which is of rapidly growing importance - the area of professional negligence. The contributors are among the best-known writers in this field and their essays combine practical and academic perspectives which usefully highlight contemporary trends in professional negligence litigation. The first chapter in the book also offers a unique and controversial overview of tort law in the UK by Professor Patrick Atiyah, who argues for a complete rethink of the system of personal injuries litigation in the UK, starting with its abolition. Not for the first time, Professor Atiyah thinks the unthinkable.

In the aftermath of Martinson's 1974 "nothing works" doctrine, scholars have made a concerted effort to develop an evidence-based corrections theory and practice to show "what works" to change offenders. Perhaps the most important contribution to this effort was made by a group of Canadian psychologists, most notably Donald Andrews, James Bonta, and Paul Gendreau, who developed a treatment paradigm called the Risk-Need-Responsivity (RNR) model, which became the dominant theory of correctional treatment. This approach was more recently challenged by a perspective developed by Tony Ward, Shadd Maruna, and others, called the Good Lives Model (GLM). Based in part on desistance research and positive psychology, this model proposes to rehabilitate offenders by building on the strengths offenders possess. GLM proponents see the RNR model as a deficit model that fixes dynamic risk factors rather than identifying what offenders value most, and using these positive factors to pull them out of crime. Through a detailed examination of both models' theoretical and correctional frameworks, The Future of Correctional Rehabilitation: Moving Beyond the RNR Model and Good Lives Model Debate probes the extent to which the models offer incompatible or compatible approaches to offender treatment, and suggests how to integrate the RNR and GLM approaches to build a new and hopefully more effective vision for offender treatment. A foreword by renowned criminologist Francis T. Cullen helps put the material into context. This book will be of much interest to scholars and students studying correctional rehabilitation as well as practitioners working with offenders.

Within the past three decades, judicial decisions and legal changes have transformed the juvenile court from a nominally rehabilitative welfare agency into a scaled-down criminal court for young offenders. Barry Feld's Bad Kids explores the complex relationships between race and youth crime to explain both the Supreme Court decision to provide delinquents with procedural justice and the more recent political impetus to "get tough" and "crack down" on young offenders.

The yearning for historical justice - that is, for the redress of past wrongs - has become one of the defining features of our age. Governments, international bodies and civil society organisations address historical injustices through truth commissions, tribunals, official apologies and other transitional justice measures. Historians produce knowledge of past human rights violations, and museums, memorials and commemorative ceremonies try to keep that knowledge alive and remember the victims of injustices. In this book, researchers with a background in history, archaeology, cultural studies, literary studies and sociology explore the various attempts to recover and remember the past as a means of addressing historic wrongs. Case studies include sites of persecution in Germany, Argentina and Chile, the commemoration of individual victims of Nazi Germany, memories of life under South Africa's apartheid regime, and the politics of memory in Israel and in Northern Ireland. The authors critique memory, highlight silences and absences, explore how to engage with the ghosts of the past, and ask what drives individuals, including professional historians, to strive for historical justice. This book was originally published as a special issue of Rethinking History.

This book offers a sustained study of one feature of the prison officer's job: the threat and use of force, which the author calls 'doing' coercion. Adopting an interactionist, micro-sociological perspective, the author presents new research based on almost two years of participant observation within an Italian custodial complex hosting both a prison and a forensic psychiatric hospital. Based on observation of emergency squad interventions during so-called 'critical events', together with visual methods and interviews with staff, 'Doing' Coercion in Male Custodial Settings constitutes an ethnographic exploration of both the organisation and the implicit and explicit practices of threatening and/or 'doing' coercion. With a focus on the lawful yet problematic and discretionary threatening and 'doing' of coercion performed daily on the landing, the author contributes to the growing scholarly literature on power in prison settings, and the developing field of the micro-sociology of violence and of radical interactionism. As such, it will appeal to scholars of sociology, anthropology and criminology with interests in prisons, power and violence in institutions, and visual methods.

Collaborative practice is a new method of dispute resolution, used mainly in family law matters. By taking a non-adversarial approach, it challenges the strictly positivist view of the lawyer as 'zealous advocate' for the client. As such, it has received much criticism from the established Bar and legal profession. This book provides a doctrinal and empirical analysis of collaborative practice with a view to assessing its place within the dispute resolution continuum and addressing whether this criticism has been justified. It begins by establishing the theoretical underpinnings of conflict and differing approaches to conflict resolution, the impact of the comprehensive law movement and therapeutic jurisprudence. The origins and development of the collaborative process and the framework it provides for a multidisciplinary approach to conflict resolution is outlined. The book addresses the examination of the process undertaken in the lead up to the enactment of the Uniform Collaborative Law Act in 2010; now regarded as a model of best practice. Finally, through an examination of empirical research undertaken in the US, Canada and in England and Wales, and in presenting the results of the first known empirical research into the process in an Irish family law context, the book concludes with an evidenced based analysis of the process from the perspective of couples who chose to use the collaborative model to resolve the issues surrounding their relationship breakdown, collaborative lawyers and lawyers who do not advocate a non-adversarial approach. As such this book provides a valuable insight into the process which will be of interest to: academics; practising lawyers; members of the judiciary; researchers in the fields of conflict resolution and family law and for students studying alternative dispute resolution (ADR).

This book is about the law of remedies. It establishes the boundaries of this discrete area of law and provides a new classification of remedies. Zakrzewski first examines the difficulties of the term 'remedy', and identifies the most robust notion of a remedy. Remedies are broadly approximated to court orders; more strictly, they are the rights arising from these orders. This enables a rigorous separation of remedies from substantive rights, that is, rights which exist before the making of a court order. The author then reviews established classifications of remedies, showing how they are seriously deficient and developing a new taxonomy based upon the relationship between substantive rights and remedies. This provides a much better understanding of that relationship, especially of the role of judicial discretion in the granting of remedies. The book then moves on to provide an overview of remedies in private law within the new analytical framework. It shows how each order that may be made by a court in a civil case gives effect to the substantive rights of the parties to the dispute. Particular primary and secondary (or remedial) rights, such as rights to damages, are carefully disentangled from the remedies which effectuate them, and the similarities and differences between various remedies are revealed. This book provides a new way to view remedies and substantive rights. It insists that the law of remedies must not reproduce parts of the law of substantive rights under a different name. For the first time, remedies are established as a stable and distinct area of law.

Despite broad scholarship documenting the compounding effects and self-reproducing character of incarceration, ways of conceptualising imprisonment and the post-prison experience have scarcely changed in over a century. Contemporary correctional thinking has congealed around notions of risk and management. This book aims to cast new light on men's experience of release from prison. Drawing on research conducted in Australia, it speaks to the challenges facing people leaving prison and seeking acceptance amongst the non-imprisoned around the world. Johns reveals the complexity of the post-prison experience, which is frequently masked by constructions of risk that individualise responsibility for reoffending and reimprisonment. This book highlights the important role of community in ex-prisoner integration, in providing opportunities for participation and acceptance. Johns shows that the process of becoming an 'ex'-prisoner is not simply one of individual choice or larger structural forces, but occurs in the spaces in between. Being and Becoming an Ex-Prisoner reveals the complex interplay between internal and external meanings and practices that causes men to feel neither locked up, nor wholly free. It will appeal to scholars and students interested in desistance, criminology, criminological or penological theory, sociology and qualitative research methods.

Countries that have a domestic final appellate court have established a judicial institution over which they have control as part of the policymaking governing structure and how they view other existing and emerging extraterritorial courts will be influenced by their perception of the court and the role it will play when the policies of the governing coalition are challenged. This book analyzes that phenomenon in terms of the broader construction and understanding of the state in the era of international law, legal tribunals, and globalization. By zooming in on the Judicial Committee of the Privy Council (JCPC), an ancient colonial court, Harold Young examines how the Caribbean Community, specifically, the 15 former British colonies comprising the Caribbean Basin are navigating their changing political environments and transitioning to its own extraterritorial court, the Caribbean Court of Justice. Using historical reviews, descriptive analyses, and statistical methodologies Young finds that the choice to retain the JCPC at independence is influenced by the colonial experience, the length of colonial rule, and how deeply embedded the JCPC is on the governing structures of the new state.

This book is about the International Criminal Court (ICC), a new and highly distinctive criminal justice institution with the ability to prosecute the highest-level government officials, including heads of state, even in countries that have not accepted its jurisdiction. The book explores the historical development of international criminal law and the formal legal structure created by the Rome Statute, against the background of the Court's search for objectivity in a political global environment. The book reviews the operations of the Court in practice and the Court's position in the power politics of the international system. It discusses and clarifies all stages of an international criminal proceeding from the opening of the investigation to sentencing, reparations, and final appeals in the context of its restorative justice mission. Making appropriate comparisons and contrasts between the international criminal justice system and domestic and national systems, the book fills a gap in international criminal justice study.

The Optimize series is designed to show you how to apply your knowledge in assessment. These concise revision guides cover the most commonly taught topics, and provide you with the tools to: Understand the law and remember the details using diagrams and tables throughout to demonstrate how the law fits together Contextualise your knowledge identifying and explaining how to apply legal principles for important cases providing revision advise to help you aim higher in essays and exams Avoid common misunderstandings and errors identifying common pitfalls students encounter in class and in assessment Reflect critically on the law identifying contentious areas that are up for debate and on which you will need to form an opinion Apply what you have learned in assessment presenting learning objectives that reflect typical assessment criteria providing sample essay and exam questions, supported by end-of-chapter feedback The series is also supported by comprehensive online resources that allow you to track your progress during the run-up to exams. www.routledge.com/cw/optimizelawrevision