Law moves, whether we notice or not. Set amongst a spatial turn in the humanities, and jurisprudence more specifically, this book calls for a greater attention to legal movement, in both its technical and material forms. Despite various ways the spatial turn has been taken up in legal thought, questions of law, movement and its materialities are too often overlooked. This book addresses this oversight, and it does so through an attention to the materialities of legal movement. Paying attention to how law moves across different colonial and contemporary spaces, this book reveals there is a problem with common law's place. Primarily set in the postcolonial context of Australia - although ranging beyond this nationalised topography, both spatially and temporally - this book argues movement is fundamental to the very terms of common law's existence. How, then, might we move well? Explored through examples of walking and burial, this book responds to the challenge of how to live with a contemporary form of colonial legal inheritance by arguing we must take seriously the challenge of living with law, and think more carefully about its spatial productions, and place-making activities. Unsettling place, this book returns the question of movement to jurisprudence.

The capabilities approach is a widely influential alternative theory of justice, popularized by Nobel Prize winner Amartya Sen and also by Martha Nussbaum. Justice and the Capabilities Approach is the first work of its kind to publish in one place the most influential essays in the field covering a number of topics, including constitutional law, cosmopolitanism, distributive justice, the family, feminism, global justice, human rights, poverty, and social justice. The collection should help inform both scholars and students coming to the study of the capabilities approach for the first time of both the importance and complexity of the wider debate, as well as shed light on how the approach might be further improved and applied.

There is more to parking law than just parking penalties. Considering the ways in which law works in everyday life, and in familiar places of common experience where the presence of law is not obvious, this book explores the various notions of the right to park, which jurisprudentially is enacted between individuals in everyday parking. From parking areas to the courtroom, parking engenders disputes over equality, speech, legitimacy, and entitlement that reach beyond the stated scope of policy. Looking beyond the obvious, this book examines the contested site of the parking space as a place of socio-legal meaning where property claims and rights shape identities. Adopting a constitutive approach to the study of law, the book examines how regulation of parking policy is at odds with the force of localised politics, producing competing notions of legality and examples of legal semiotics within the terrain of legal geography.

The main feature of this work is that it explores criminal behavior from all aspects of Tinbergen's Four Questions. Rather than focusing on a single theoretical point of view, this book examines the neurobiology of crime from a biosocial perspective. It suggests that it is necessary to understand some genetics and neuroscience in order to appreciate and apply relevant concepts to criminological issues. Presenting up-to-date information on the circuitry of the brain, the authors explore and examine a variety of characteristics, traits and behavioral syndromes related to criminal behavior such as ADHD, intelligence, gender, the age-crime curve, schizophrenia, psychopathy, violence and substance abuse. This book brings together the sociological tradition with the latest knowledge the neurosciences have to offer and conveys biological information in an accessible and understanding way. It will be of interest to scholars in the field and to professional criminologists.

In a culture obsessed with law, judgment, and violence, this book challenges Christians to remember that Jesus urged his followers to judge no one, bring harm upon no one, and follow no law save the law of altruistic love. It traces Christian history first to show that Christians of an earlier age took very seriously the gospel injunctions against punitive legal judgment and then how the advent of formal legal codes and philosophical dualism undermined that perspective to create a division between a private Christian spirituality and a public morality of order and legally sanctioned violence. This historical approach is accompanied by an argument that the recovery of a Christian ethic based upon unconditional love and forgiveness cannot be accomplished without the renewal of a Christian spirituality that mirrors the contemplative spirituality of Jesus.

Handbook of Forensic Mental Health Services focuses on assessment, treatment, and policy issues regarding juveniles and adults in the criminal and civil systems. Uniquely, this volume is designed for professionals who deliver mental health services, rather than researchers. Just like its parent series, its goal revolves around improving the quality of mental health care services in forensic settings. It achieves this by integrating the findings related to clinical practice, administration, and policy from trends and best practice internationally that mental health professionals can implement.

Handbook of Forensic Mental Health Services focuses on assessment, treatment, and policy issues regarding juveniles and adults in the criminal and civil systems. Uniquely, this volume is designed for professionals who deliver mental health services, rather than researchers. Just like its parent series, its goal revolves around improving the quality of mental health care services in forensic settings. It achieves this by integrating the findings related to clinical practice, administration, and policy from trends and best practice internationally that mental health professionals can implement.

This book addresses a growing area of concern for scholars and development practitioners: discriminatory gender norms in legally plural settings. Focusing specifically on indigenous women, this book analyses how they, often in alliance with supporters and allies, have sought to improve their access to justice. Development practitioners working in the field of access to justice have tended to conceive indigenous legal systems as either inherently incompatible with women's rights or, alternatively, they have emphasised customary law's advantageous features, such as its greater accessibility, familiarity and effectiveness. Against this background - and based on a comparison of six thus far underexplored initiatives of legal and institutional change in Ecuador, Peru, and Bolivia - Anna Barrera Vivero provides a more nuanced, ethnographic, understanding of how women navigate through context-specific constellations of interlegality in their search for justice. In so doing, moreover, her account of ongoing political debates and local struggles for gender justice grounds the elaboration of a comprehensive conceptual framework for understanding the legally plural dynamics involved in the contestation of discriminatory gender norms.

Human rights and their principles of interpretation are the leading legal paradigms of our time. Freedom of religion occupies a pivotal position in rights discourses, and the principles supporting its interpretation receive increasing attention from courts and legislative bodies. This book critically evaluates religious pluralism as an emerging legal principle arising from attempts to define the boundaries of freedom of religion. It examines religious pluralism as an underlying aspect of different human rights regimes and constitutional traditions. It is, however, the static and liberal shape religious pluralism has assumed that is taken up critically here. In order to address how difference is vulnerable to elimination, rather than recognition, the book takes up a contemporary ethics of alterity. More generally, and through its reconstruction of a more difference-friendly vision of religious pluralism, it tackles the problem of the role of rights in the era of diverse narratives of emancipation.

Scholars and practitioners alike agree that somehow the past needs to be addressed in order to enable individuals and collectives to rebuild trust and relationships. However, they also continue to struggle with critical questions. When is the right moment to address the legacies of the past after violent conflict? How can societies address the past without deepening the pain that arises from memories related to the violence and crimes committed in war? How can cultures of remembrance be established that would include and acknowledges the victims of all sides involved in violent conflict? How can various actors deal constructively with different interpretations of facts and history? Two decades after the wars, societies in Bosnia, Serbia and Croatia - albeit to different degrees - are still facing the legacies of the wars of the 1990s on a daily basis. Reconciliation between and within these societies remains a formidable challenge, given that all three countries are still facing unresolved disputes either at a cross-border level or amongst parallel societies that persist at a local community level. This book engages scholars and practitioners from the regions of former Yugoslavia, as well as international experts, to reflect on the achievements and obstacles that characterise efforts to deal with the past. Drawing variously on empirical studies, theoretical discussions, and practical experience, their contributions offer invaluable insights into the complex relationship between transitional justice and conflict transformation.

Compulsory land acquisition and involuntary displacement of communities for a larger public purpose captures the tension of development in the modern state, with the need to balance the interests of the majority while protecting the rights of the minority. In India, informal estimates of involuntary resettlement are estimated to be around 50 million people over the last five decades, and three-fourths of those displaced still face an uncertain future. Growing public concern over the long-term consequences of this has led to greater scrutiny of the rehabilitation and resettlement process, particularly for large development projects. This book examines a number of new policy formulations put in place at both the central and state levels, looking at land acquisition procedures and norms for rehabilitation and resettlement of communities. The book combines a theoretical analysis of the proposed regulatory framework with detailed case studies that examine the application of these norms in specific geographic contexts across the country. It brings together contributory analysis by some of the country's most engaged administrators, academics, and activists in the field, and is a useful contribution to Development Studies.

Focusing on juvenile transfer and disposition evaluations, this volume provides an up-to-date integration of current law, science, and practice with respect to juvenile risk assessment, treatment needs/amenability, and sophistication-maturity. Included are perspectives relating to international practices, use of specialized assessment tools, and a separate chapter on resentencing following US Supreme Court decisions on juveniles sentenced to mandatory life without parole. This text will be a useful and comprehensive reference for forensic psychologists and other mental health professionals engaged in juvenile evaluation, as well as legal professionals, juvenile and criminal justice professionals, and others involved with juvenile assessment, decision-making, and rehabilitation.

Focusing on juvenile transfer and disposition evaluations, this volume provides an up-to-date integration of current law, science, and practice with respect to juvenile risk assessment, treatment needs/amenability, and sophistication-maturity. Included are perspectives relating to international practices, use of specialized assessment tools, and a separate chapter on resentencing following US Supreme Court decisions on juveniles sentenced to mandatory life without parole. This text will be a useful and comprehensive reference for forensic psychologists and other mental health professionals engaged in juvenile evaluation, as well as legal professionals, juvenile and criminal justice professionals, and others involved with juvenile assessment, decision-making, and rehabilitation.

Ethics in Mental Health-Substance Use aims to explore the comprehensive concerns and dilemmas occurring from mental health and substance use problems, and to inform, develop, and educate by sharing and pooling knowledge, and enhancing expertise, in this fast developing region of ethics and ethical care and practice. This volume concentrates on ethical concerns, dilemmas, and concepts specifically interrelated, as a collation of problem(s) that directly or indirectly affect the life of the individual and family. Whilst presenting a balanced view of what is ethically best practice today, this title challenges concepts and stimulates debate, exploring all aspects of the development in treatment, intervention and care responses, and the adoption of research-led best practice.

Crime is undergoing a metamorphosis. The online technological revolution has created new opportunities for a wide variety of crimes which can be perpetrated on an industrial scale, and crimes traditionally committed in an offline environment are increasingly being transitioned to an online environment. This book takes a case study-based approach to exploring the types, perpetrators and victims of cyber frauds. Topics covered include: An in-depth breakdown of the most common types of cyber fraud and scams. The victim selection techniques and perpetration strategies of fraudsters. An exploration of the impact of fraud upon victims and best practice examples of support systems for victims. Current approaches for policing, punishing and preventing cyber frauds and scams. This book argues for a greater need to understand and respond to cyber fraud and scams in a more effective and victim-centred manner. It explores the victim-blaming discourse, before moving on to examine the structures of support in place to assist victims, noting some of the interesting initiatives from around the world and the emerging strategies to counter this problem. This book is essential reading for students and researchers engaged in cyber crime, victimology and international fraud.

Bringing a sociologist's insight to legal institutions and narratives, this book is an innovative and timely sociological contribution to current concerns regarding critical cosmopolitanism, human rights and crimes against humanity.

This book discusses the extent to which the UK Human Rights Act successfully balances protection of rights and democracy. It is generally accepted that the Act prevents government from violating fundamental rights, but the extent to which the Act can legitimately be overridden as a result of public opinion and participation is less clear. The work considers the Act's effect on this popular element of the British Constitution. It uses analytical tools from republican political theory to explore the claim that the Act achieved a reconciliation between the protection of rights and democracy. In particular, it employs republican analysis of domination to consider how the Human Rights Act could operate so that public opinion invigilates legislative responses to judicial decisions. The key question is whether judicial decisions under the Human Rights Act serve to 'remove, reduce or replace' opportunities for the electorate to control judicial decision-making, remembering always that the electorate is seldom engaged in politics, but should it choose to, its ability to do so is at the heart of democracy. The study also examines the difficulty of isolating national constitutional forms where bills of rights are internationalised as with the European Convention on Human Rights. The book will be a valuable resource for students and academics researching constitutional legal theory and comparative constitutional law. While the focus is on the UK HRA, broader theoretical issues of constitutional review will have significant international interest and relevance to domestic debates on a British Bill of Rights.

This volume addresses the central tension in debates between 'mainstream' and 'critical' tax theorists which reflects a clash of perspectives: is taxation primarily a matter of social science or of social justice? Should tax policy debates be grounded in economics or in critical race, feminist, queer, and other outsider perspectives? With contributions from leading mainstream and critical tax scholars, this volume takes the first step toward bridging the gap between these differing perspectives on tax law and policy.

Police and People in London is still the largest and most detailed study of a police force and its relations with the public that has yet been undertaken in Britain. The twenty-three years since its publication has seen a constantly-accelerating rate of change in the legal framework of policing, in the arrangements for democratic accountability of the police, in the technologies involved in crime and policing, in management structures and methods in the police service, in financial control systems imposed by central government and in methods of assessing police performance. Over the same period, crime control has moved from the bottom to the top of the political agenda, leading to increasing pressure on the police to be seen to be effective. Transformations of Policing returns to the central issues discussed in 1983 and considers whether the main conclusions need to be revised in the light of what has happened since. It also reviews areas of debate and research that have emerged more recently and highlights areas of turbulence that are creating fundamentally different patterns from before and raising genuinely new questions.

In this volume charity commissioners and leading charity policy reformers from across the world reflect on the aims and objectives of charity regulation and what it has achieved. Regulating Charities represents an insider's review of the last quarter century of charity law policy and an insight for its future development. Charity Commissioners and nonprofit regulatory agency heads chart the nature of charity law reforms that they have implemented, with a 'warts and all' analysis. They are joined by influential sector reformers who assess the outcomes of their policy agitation. All reflect on the current state of charities in a fiscally restrained environment, often with conservative governments, and offer their views on productive regulatory paths available for the future. This topical collection brings together major charity regulation actors, and will be of great interest to anyone concerned with contemporary third sector policy-making, public administration and civil society.

This book explores why widespread predictions of the radical transformation in the recording industry did not materialise. Although the growing revenue generated from streaming signals the recovery of the digital music business, it is important to ask to what extent is the current development a response to digital innovation. Hyojung Sun finds the answer in the detailed innovation process that has taken place since Napster. She reassesses the way digital music technologies were encultured in complex music valorisation processes and demonstrates how the industry has become reintermediated rather than disintermediated. This book offers a new understanding of digital disruption in the recording industry. It captures the complexity of the innovation processes that brought about technological development, which arose as a result of interaction across the circuit of the recording business - production, distribution, valorisation, and consumption. By offering a more sophisticated account than the prevailing dichotomy, the book exposes deterministic myths surrounding the radical transformation of the industry.

Cases such as the Maastricht ruling by the German Federal Constitutional Court or the 'Crotty; decision by the Irish Supreme Court have gone down in the history of European integration as outstanding examples of intervention by judicial actors in important political processes. In this book, Dr. Castillo Ortiz makes for the first time a comprehensive analysis of all such rulings by national higher courts on European Union treaties issued during their processes of ratification. Using an interdisciplinary Law and Politics approach and a sophisticated methodological strategy, the book describes the political dynamics underlying some of the most relevant judicial episodes in the process of European Integration during the last decades: litigation strategies by Europhile and Eurosceptic actors, relations between the judiciary and the other branches of government, and clashes of power between national courts and the European Court of Justice of the European Union. By offering empirical evidence and by relying on scientific rigor, the book seeks to provide both experts and the general public an accessible account of one of the most salient but least studied aspects of current European law and politics.

What does Carl Schmitt have to offer to ongoing debates about sovereignty, globalization, spatiality, the nature of the political, and political theology? Can Schmitt's positions and concepts offer insights that might help us understand our concrete present-day situation? Works on Schmitt usually limit themselves to historically isolating Schmitt into his Weimar or post-Weimar context, to reading him together with classics of political and legal philosophy, or to focusing exclusively on a particular aspect of Schmitt's writings. Bringing together an international, and interdisciplinary, range of contributors, this book explores the question of Schmitt's relevance for an understanding of the contemporary world. Engaging the background and intellectual context in which Schmitt wrote his major works - often with reference to both primary and secondary literature unavailable in English - this book will be of enormous interest to legal and political theorists.

Situating privacy within the context of political philosophy, this book highlights the way in which struggles concerning the meaning of privacy have always been political. Different conceptions of privacy are here shown to involve diverse assumptions about ontology: our conceptions of self, culture, society and communication. Privacy theory's debt to Locke, Kant or Mill, and what is at stake in their conceptual frameworks, is examined. The extent to which the term "privacy" has been used to the detriment of - and to create - weaker parties in marriage, in the workplace and now as citizens (or non-citizens) and consumers, as well as employees, is also demonstrated. In contrast, Janice Richardson pursues the relevance of Floridi's philosophy of information, before turning to her application of Spinoza, the philosopher of communication, in order to outline a more useful framework through which to think about privacy today. The book will be of interest to those working in political philosophy, feminist philosophy, law, the philosophy of information, sociology, media, and cultural studies.

In recent years, there have been a number of concerns about the recognition of religious laws and the existence of religious courts and tribunals. There has also been the growing literature on legal pluralism which seeks to understand how more than one legal system can and should exist within one social space. However, whilst a number of important theoretical works concerning legal pluralism in the context of cultural rights have been published, little has been published specifically on religion. Religion and Legal Pluralism explores the extent to which religious laws are already recognised by the state and the extent to which religious legal systems, such as Sharia law, should be accommodated.