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Books > Law > Laws of other jurisdictions & general law > Courts & procedure > General
The Sex Offender Register examines the origins, history, structure and legalities of the UK sex offender register, and explores how political and public opinion has influenced the direction the policy of registration has taken. Delving into the origins of the UK sex offender register and how the registration policy has evolved, this book provides an understanding of the register and its contribution to public protection while attempting to see the register as a policy that has grown and developed and as having an organic life of its own. The sex offender register is designed as a form of public protection rather than a punishment, requiring offenders to notify the police of their circumstances and to accept a degree of offender management from the police. The book: * puts the development of the register in its political, social and ethical context * considers the position of children and young people as offenders * outlines the movement of registered offenders across international borders * analyses how offenders can be removed from the register * explores how other countries in the UK manage sex offenders through registers * asks questions about the efficacy of the register and what contribution it makes to public protection * looks at specific aspects of registration including the management of information * delves into the experience of life on the register * examines the influence of public opinion * discusses the role of the police as custodians of the register and as offender managers. Exploring the different pressures brought to bear on the register, this book provides an authoritative starting point for police officers, social workers, probation officers, magistrates, students of Criminology, Criminal Justice and Policing, and the general reader wanting to understand where the UK sex offender register originated from and how it operates today.
First published in 1991, Rethinking Labour-Management Relations explores how the contemporary system of industrial relations developed and outlines proposals for a better alternative. The book examines the positives and negatives of three systems of industrial relations: a freely operating market for labour where workers bargain individually with employers; a strike-based system of collective bargaining; and, a compulsory arbitration system. It discusses how the strike replaced individual bargaining, highlighting the deficiencies in these respective systems and presenting arbitration as the more efficient and effective way of settling disputes. In doing so, the book emphasises the role of the parties involved in finding solutions and considers how government intervention could be kept to a minimum. Exploring a wealth of literature relating to compulsory arbitration systems around the world and formulating a set of criteria for establishing the best possible form of arbitration, Rethinking Labour-Management Relations will appeal to those with an interest in the history of trade union theory, public policy, and labour law.
Transnational Construction Arbitration addresses topical issues in the field of dispute resolution in construction contracts from an international perspective. The book covers the role of arbitral institutions, arbitration and dispute resolution clauses, expert evidence, dispute adjudication boards and emergency arbitrator procedures, investment arbitration and the enforcement of arbitral awards. These topics are addressed by leading experts in the field, thus providing an insightful analysis that should be of interest for practitioners and academics alike.
The aim of this book is to present the conditions under which the positive role of supervision over courts and judges can be performed, and to shed light on what conditions have to be fulfilled in order to achieve the goal of creating an impartial and professional judiciary system. The analysis has normative and sociological nature, and is presented from various points of view, including international and national legal systems such as Austria, Denmark, Germany, Poland, Slovakia and Sweden. The research has come to the conclusion that administrative supervision may be used as a feasible instrument for making the courts' activity more effective. It can improve the organization of the courts' adjudication and may lead to an increase in the quality of jurisprudence.
"A wonderful resource, user friendly and very well written." - Timothy J. Horohol, John Jay CollegeA unique approach to studying police forces around the globe How do police forces around the world move toward democratization of their operations and responses? Analyzing police forces from 12 different countries, Comparative Policing: The Struggle for Democratization assesses the stages of each country based on the author's development of a "Continuum of Democracy" scale. Key Features Using five basic themes, this book uses the following criteria to rank and evaluate where each country falls on the continuum, clarifying how policing practices differ: - History of a democratic form of government - Level of corruption within governmental organizations and the oversight mechanisms in place - Scope of and response to civil disobedience - Organization structures of police departments - Operational responses to terrorism and organized crime Intended Audience: This unique analysis of policing is an ideal text for undergraduate and graduate courses in Comparative Criminal Justice, Police Studies, Policing and Society, and Terrorism in departments of criminal justice, criminology, sociology, and government.
Sex offenders, and in particular paedophiles, have been the subject of much political and media attention, producing intensive debates about the best way of dealing with them. This book explores these issues, evaluating the measures in use or being considered, including drug treatment, MAPPA, the use of the Sex Offender Register, restorative justice techniques, and treatment programmes. It is concerned with high-risk sex offenders both when they are sentenced to a community order, and also when they are released back into the community after a custodial sentence. The introductory section opens with a discussion on how terms such as paedophilia are constructed and viewed, and then looks at how government policy regarding sex offending has developed over recent years. Section two looks at issues concerned with risk management, questioning whether enough is being done to monitor the risk that high-risk offenders pose when released into society; whilst section three, on risk reduction covers the main methods of treatment, including sex offender treatment programmes, pharmacotherapy (chemical castration) and restorative and reintegration techniques. Section Four focuses on specific offender groups; including female sexual offenders, sexual harm by youth, mentally disordered sexual offenders and intellectual disabled offenders. These assess in what ways these offenders are different to the 'norm' and look at how we should be dealing and treating these differences. The final section looks at social and moral responsibilities, including the patterns, prevention and protection of cyber-sex offences and media constructions of and reactions to paedophilia. In the final chapter the concept of dignity is addressed and the balance between community protection and the rights of sex offenders involved is evaluated.
The value of mediation has been widely acknowledged worldwide, as shown by the number of jurisdictions in which the courts enforce obligations on parties to negotiate and adopt mediation to settle construction disputes. This book examines the expansion and development of court-connected construction mediation provisions across a number of jurisdictions, including the England and Wales, the USA, South Africa and Hong Kong. It includes contributions from academics and professionals in six different countries to produce a truly international comparative study, which is of high importance to construction managers as well as legal professionals.
This book discusses court-oriented legal reforms across Asia with a focus on the creation of 'new courts' over the last 20 years. Contributors discuss how to judge new courts and examine whether the many new courts introduced over this period in Asia have succeeded or failed. The 'new courts' under scrutiny are mainly specialist courts, including those established to hear cases involving intellectual property disputes, bankruptcy petitions, commercial contracts, public law adjudication, personal law issues and industrial disputes. The justification of the trend to 'judicialize' disputes has seen the invocation of Western-style rule of law as necessary for the development of the market economy, democratization, good governance and the upholding of human rights. This book also includes critics of court building who allege that it serves a Western agenda rather than serving local interests, and that the emphasis on judicialization marginalises alternative local and traditional modes of dispute resolution. Adopting an explicitly comparative perspective, and contrasting the experiences of important Asian states - China, Japan, Korea, Malaysia, Vietnam, Brunei, Thailand and Indonesia - this book considers critical questions including:
Written by world authorities on court development in Asia, this book will not only be of interest to legal scholars and practitioners, but also to development specialists, economists and political scientists.
The Law & Practice Of Interdicts is the successor to Interlocutory Interdicts (1993) by the same author. This publication serves as a comprehensive resource book on interdicts and consists of two parts. Part A, “The Requirements of the Law of Interdict”, is an updated and expanded version of Interlocutory Interdicts. It deals with the nature, history and development of interdictal applications in South Africa, including a useful comparison of the English and South African law on the subject. Part B, “Practice” consists of eight chapters dealing with the procedure; the court’s discretion; urgency; jurisdiction; locus standi; the discharge, referral and variation of interdictory orders; appeals and costs.
This book examines the American television legal series from its development as a genre in the 1940s to the present day. Villez demonstrates how the genre has been a rich source of legal information and understanding for Americans. These series have both informed and put myths in place about the legal system in the US. Villez also contrasts the US to France, which has seen a similar interest in legal series during this period. However, French television representations of justice are strikingly different, as is the role of fiction in offering viewers the possibility of acquiring significant understandings of their legal system. The book will be an important addition to the study of popular culture and law and will interest legal scholars, sociologists, and media scholars.
English is the dominant language of international business relations, and a good working knowledge of the language is essential for today's legal or business professional. This book provides a highly practical approach to the use of English in commercial legal contexts, and covers crucial law terminology and legal concepts. Written with the needs of both students and practitioners in mind, this book is particularly suitable for readers whose first language is not English but need to use English on a regular basis in legal contexts. The book covers both written and verbal legal communication in typical legal situations in a straightforward manner. In addition to chapters on the grammar and punctuation utilised in legal writing, the book features sections on contract-drafting and the language used in negotiations, meetings and telephone conversations. It features a companion website which contains exercises covering the majority of the topics covered in the book's chapters. This edition thoroughly revises and expands the content of the companion website and contains updated examples, more detailed explanations of problematic areas and an expanded section on writing law essays.
This book provides a comprehensive and in depth guide to the regulatory framework in Singapore, the first of its kind for the foremost jurisdiction for international arbitration in the Asia-Pacific geographic zone. It is designed with practitioners in mind and provides terse and specific but detailed and well-informed commentary to each of the sections in the applicable arbitration acts. It sets out and annotates the two legislative acts applicable to arbitration in Singapore, as well as the Singapore International Arbitration Centre Rules. In addition, international documents including the Uncitral Model Law and the New York Convention are included.
First published in 1997, this volume recognises that on trial in every criminal case heard by a jury is not only the defendant but the democratic premise that ordinary citizens are capable of sitting in judgement on that defendant. The jury is a quintessential democratic institution, the lay cog in a criminal justice machine dominated by lawyers, judges and police. Today, however, the jury finds itself under attack - on the right, for perverse verdicts, and, on the left, for miscarriages of justice. Justice, Democracy and the Jury is an attempt to place the jury within a historical, political and philosophical framework, and to analyse the decision-making processes at work on a jury. The book also examines whether the model of the jury can be adapted to other decision-making contexts and whether "citizens juries" can be used to revive a flagging democracy and to empower the people on issues of public concern.
The first comprehensive examination of Black Americans
Whether you are engaged in the study of law, are considering studying law at university, are a business professional or want to find out more about the law in general, Slapper and Kelly's English Law offers a clear, lively and reliable point of entry to the law in England and Wales. Presented in an easy-to-read style, it provides readers with an accurate explanation of how the English legal system currently works and the content of English law in all its key areas of operation, including criminal law, contract law and the law of negligence. An invaluable introduction, English Law is an excellent resource for students of the English legal system and English law, as well as for professionals and general readers.
Whether you are engaged in the study of law, are considering studying law at university, are a business professional or want to find out more about the law in general, Slapper and Kelly's English Law offers a clear, lively and reliable point of entry to the law in England and Wales. Presented in an easy-to-read style, it provides readers with an accurate explanation of how the English legal system currently works and the content of English law in all its key areas of operation, including criminal law, contract law and the law of negligence. An invaluable introduction, English Law is an excellent resource for students of the English legal system and English law, as well as for professionals and general readers.
Applying innovative interpretive strategies drawn from cultural studies, this book considers the perennial question of law and politics: what role do the founding fathers play in legitimizing contemporary judicial review? Susan Burgess uses narrative analysis, popular culture, parody, and queer theory to better understand and to reconstitute the traditional relationship between fatherhood and judicial review. Unlike traditional, top-down public law analyses that focus on elite decision making by courts, legislatures, or executives, this volume explores the representation of law and legitimacy in various sites of popular culture. To this end, soap operas, romance novels, tabloid newspapers, reality television, and coming out narratives provide alternative ways to understand the relationship between paternal power and law from the bottom up. In this manner, constitutional discourse can begin to be transformed from a dreary parsing of scholarly and juristic argot into a vibrant discussion with points of access and understanding for all.
What impact do federal courts have on the administrative agencies of the federal government? How do agencies react to the decisions of federal courts? This book answers these questions by examining the responses of federal agencies to the U.S. Courts of Appeals, revealing what happens inside agencies after courts rule against them. Robert J. Hume draws upon dozens of interviews with current and former administrators, taking readers behind the scenes of these organizations to reveal their internal procedures, their attitudes about courts, and their surprising capacity to be influenced by a judge 's choice of words. This fascinating study will be of interest to students and scholars of politics as well as those seeking great understanding of the intricacies of the US political system.
In this fresh and provocative critique of judicial power, Matthew Franck argues for a Supreme Court that is newly mindful of constitutionalism's basis in the sovereign will of the people and of the distinctly limited scope of judicial authority that is permitted by that constitutional sovereignty. Neither activism nor restraint, but a lively sense of the fundamental constraints that deprive the Court of any legitimate choice between those two options, is at the heart of Franck's model of appropriate judicial modesty. Franck challenges three propositions central to current debates over the Supreme Court's role in American life: that the Court has the final word in interpreting the Constitution above competing views from other government branches; that it may legitimately initiate actions to correct political or social dysfunctions left uncorrected by those branches; and that constitutional decisions may be grounded in natural law or a "higher law" located beyond the text of the Constitution. Franck claims that these erroneous propositions have allowed the Court's power to grow well beyond its constitutional mandate. He persuasively argues that a more accurate and responsible view of judicial power can be revived by reexamining the Framers' thought, the writings of liberal philosophers (especially Hobbes, Locke, and Blackstone), and the early opinions of the Supreme Court. His reasoned critique provides illuminating new perspectives on
the jurisprudence of John Marshall; on the origins and practices of
"judicial statesmanship" (presumed to have begun with Marshall); on
McCulloch v. Maryland (1819)-which was not, Franck argues, a ruling
in pursuit of a nationalist political agenda but conformed to a
modest vision of the judicial power; and on the mangled roots of
substantive due process. In addition, he reviews recent Supreme
Court confirmation hearings to demonstrate the large influence of
historical misconceptions on our understanding of the proper scope
of judicial power in a constitutional democracy.
Volume II of The Official History of Criminal Justice in England and Wales traces, for the first time, the genesis and early evolution of two principal institutions in the criminal justice system, the Crown Court and the Crown Prosecution Service. This volume examines the origins and shaping of two critical institutions: the Crown Court, which rose from the ashes of the Courts of Assize and Quarter Sessions; and the Crown Prosecution Service which replaced a rather haphazard system of police prosecuting solicitors. The 1971 Courts Act and the 1985 Prosecution of Offences Act were to reconfigure the architecture of criminal justice, transforming the procedures by which people were charged, prosecuted and, in the weightier cases demanding a judge and jury, tried in the criminal courts of England and Wales. One stemmed from a crisis in a medieval system of travelling justices that tried people in the wrong places and for inadequate lengths of time. The other was precipitated by a scandal in which three men were wrongly convicted for the murder of a bisexual prostitute. Theirs is an as yet untold history that can be explored in depth because it is recent enough, in the words of Harold Wilson, to have been 'written while the official records could still be supplemented by reference to the personal recollections of the public men who were involved'. This book will be of much interest to students of criminology and British history, politics and law.
This edited volume brings together leading scholars on the death penalty within international, regional and municipal law. It considers the intrinsic elements of both the promotion and demise of the punishment around the world, and provides analysis which contributes to the evolving abolitionist discourse. The contributors consider the current developments within the United Nations, the Council of Europe, the African Commission and the Commonwealth Caribbean, and engage with the emergence of regional norms promoting collective restriction and renunciation of the punishment. They investigate perspectives and questions for retentionist countries, focusing on the United States, China, Korea and Taiwan, and reveal the iniquities of contemporary capital judicial systems. Emphasis is placed on the issues of transparency of municipal jurisdictions, the jurisprudence on the 'death row phenomenon' and the changing nature of public opinion. The volume surveys and critiques the arguments used to scrutinize the death penalty to then offer a detailed analysis of possible replacement sanctions.
Contemporary Corrections: A Critical Thinking Approach introduces readers to the essential elements of the US corrections system without drowning students in a sea of nonessential information. Unbiased and accessible, the text includes coverage of the history of corrections, alternatives to incarceration, probation/parole, race/ethnicity/gender issues in corrections, re-entry into the community, and more. The authors' unparalleled practical approach, reinforced by contemporary examples, illuminates the role corrections plays in our society. The authors have reinvigorated earlier work with additional content on international comparative data to increase our understanding of how prison officials in other nations have developed different types of responses to the problems that challenge every US correctional administrator, a new chapter on correctional personnel, and an integration of race and ethnicity issues throughout the book. Unrivaled in scope, this book offers undergraduates a concise but comprehensive introduction to corrections with textual materials and assignments designed to encourage students' critical thinking skills.
This book takes a novel approach to the question of how law shapes the contemporary lives of indigenous peoples in North America. Working through a series of legal cases thematically linked by a concern with how indigenous difference - indigeneity - is produced in the courtroom, this book asks the following questions:
Through an examination of contemporary property disputes, the use of indigenous justice in mainstream courts, and the use of genetic technologies to prove or disprove indigenous identities, Indigeneity in the Courtroom provides insight into how law, culture, and the production of difference operate in the early twenty-first century.
First published in 1998, this volume contains essays from leading thinkers on both sides of the Atlantic on the relationship between law and science. Science plays an ever-increasing part in the development of legislation and the adjudication of cases. Its limitations and its value are explored in these essays which discuss issues of methodology and of evidence. Amongst areas covered are silicone breast implants, the rape trauma syndrome, the environment, inventions and Bayesianism.
In 2006 Zacarias Moussaoui became the first person to stand trial in the US for the events of September 11 2001. This timely book provides a close insight into the Moussaoui case from an anthropological perspective. Katherine C. Donahue was present at the trial. Based on first-hand evidence, this book provides a unique picture of an al-Qaeda convert in the process of forming his identity just when he is calling the death sentence upon himself. It is the story of an extra-national opposition to western democracy, seen through the experience of a man who calls himself a 'slave of Allah'. The book begins with his arrest and moves to the courtroom, telling the tale of Moussaoui's struggle with his defense lawyers, and raising questions about his ability to be 'represented' -- his national and personal identity. Donahue explores his background in France as the son of Moroccan immigrants, and follows him to London, Afghanistan and Malaysia as he joins the growing fraternity of an Islam without borders. He acquires an extra-national identity in which his loyalty is no longer constituted by his national identity -- but by his allegiance to fundamentalist Islam. |
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