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Books > Law > Laws of other jurisdictions & general law > Social law > General

People's Tribunals, Human Rights and the Law - Searching for Justice (Paperback): Regina Menachery Paulose People's Tribunals, Human Rights and the Law - Searching for Justice (Paperback)
Regina Menachery Paulose
R1,235 Discovery Miles 12 350 Ships in 12 - 17 working days

* Provides a balance of academic and professional perspectives;

Mapping Citizen and Participatory Journalism in Newsrooms, Classrooms and Beyond (Paperback): Melissa Wall Mapping Citizen and Participatory Journalism in Newsrooms, Classrooms and Beyond (Paperback)
Melissa Wall
R1,241 Discovery Miles 12 410 Ships in 12 - 17 working days

Mapping Citizen and Participatory Journalism in Newsrooms, Classrooms and Beyond assesses citizen journalism within the context of hyperlocals, non-profits and large global news organizations, critically examining various forms of participation by citizen contributors to the news. The essays included within the book answer questions such as: Does citizen journalism close the news participation gap between the Global North and South? How can citizen journalism enable the socially excluded to overcome marginalization? What are the obligations of professional news outlets to citizen reporters in war zones? Furthermore, some contributors critique the ways traditional journalism makes use of non-professional content, while others propose new analytical frameworks such as reciprocal journalism, connective journalism and the Appropriation/Amplification Model. The book also investigates efforts to teach ordinary people journalism skills in Europe, the Middle East and both North and South America. Some of the programs scrutinized here instill under-represented groups with semi-professional news values. Other projects support citizen journalism infused with activism such as the photographers of the favela-based jornalismo popular or the volunteer digital humanitarians covering global crises and, in doing so, demonstrate new ways to respond to the rise of grassroots participation in the production of news. The chapters in this book were originally published as special issues of Journalism Practice.

What Journalists Are Owed - How Structures, Systems and Audiences Enable News Work Today (Paperback): Fred Vultee, Lee. Wilkins What Journalists Are Owed - How Structures, Systems and Audiences Enable News Work Today (Paperback)
Fred Vultee, Lee. Wilkins
R1,222 Discovery Miles 12 220 Ships in 12 - 17 working days

The study of news and news practice is rich in examinations of what journalists owe to society. However, this book looks at what journalists can expect from society: what roles ownership structures, colleagues, governments and audiences should play so journalists can do their jobs well - and safely. What Journalists Are Owed draws on a variety of research perspectives - legal and ethical analysis, surveys, interviews and content analysis - in different national settings to look at how those relationships among stakeholders are developing in a time of rapid and often unsettling chance to the political and economic environments that surround journalism. Journalism can be a risky business. This book opens some discussions on those risks can be described and mitigated. There's no shortage of writing about what journalists owe society - but if society wants journalism done well, what does it owe journalists in return? This volume opens a discussion on the cultural, legal-system and professional agreements that societies should provide so journalists can do their jobs in increasingly hostile political environments. This book was originally published as a special issue of Journalism Studies.

Transitional Justice from State to Civil Society - Democratization in Indonesia (Paperback): Sri Lestari Wahyuningroem Transitional Justice from State to Civil Society - Democratization in Indonesia (Paperback)
Sri Lestari Wahyuningroem
R1,234 Discovery Miles 12 340 Ships in 12 - 17 working days

This book is the first to offer an in-depth analysis of transitional justice as an unfinished agenda in Indonesia's democracy. Examining the implementation of transitional justice measures in post-authoritarian Indonesia, this book analyses the factors within the democratic transition that either facilitated or hindered the adoption and implementation of transitional justice measures. Furthermore, it contributes key insights from an extensive examination of 'bottom-up' approaches to transitional justice in Indonesia: through a range of case studies, civil society-led initiatives to truth-seeking and local reconciliation efforts. Based on extensive archival, legal and media research, as well as interviews with key actors in Indonesia's democracy and human rights' institutions, the book provides a significant contribution to current understandings of Indonesia's democracy. Its analysis of the failure of state-centred transitional justice measures, and the role of civil society, also makes an important addition to comparative transitional justice studies. It will be of considerable interest to scholars and activists in the fields of Transitional Justice and Politics, as well as in Asian Studies.

Disputed Territories and International Criminal Law - Israeli Settlements and the International Criminal Court (Paperback):... Disputed Territories and International Criminal Law - Israeli Settlements and the International Criminal Court (Paperback)
Simon Mckenzie
R1,241 Discovery Miles 12 410 Ships in 12 - 17 working days

It has been over 50 years since the beginning of the Israeli occupation of the Palestinian Territories. It is estimated that there are over 600,000 Israeli settlers living in the West Bank and East Jerusalem, and they are supported, protected, and maintained by the Israeli state. This book discusses whether international criminal law could apply to those responsible for allowing and promoting this growth, and examines what this application would reveal about the operation of international criminal law. It provides a comprehensive analysis of how the Rome Statute of the International Criminal Court could apply to the settlements in the West Bank through a close examination of the potential operation of two relevant Statute crimes: first, the war crime of transfer of population; and second, the war crime of unlawful appropriation of property. It also addresses the threshold question of whether the law of occupation applies to the West Bank, and how the principles of individual criminal responsibility might operate in this context. It explores the relevance and coherence of the legal arguments relied on by Israel in defence of the legality of the settlements and considers how these arguments might apply in the context of the Rome Statute. The work also has wider aims, raising questions about the Rome Statute's capacity to meet its aim of establishing a coherent and legally effective system of international criminal justice.

Criminal Defence at Police Stations - A Comparative and Empirical Study (Paperback): Anna Pivaty Criminal Defence at Police Stations - A Comparative and Empirical Study (Paperback)
Anna Pivaty
R1,236 Discovery Miles 12 360 Ships in 12 - 17 working days

Criminal defence at the investigative stage has attracted growing attention due to the shifting focus of the criminal process onto pre-trial stages, and the recent European regulations adopted in this area. Increasingly, justice practitioners and legislators across the EU have begun to realise that 'the trial takes place at the police station'. This book provides a comprehensive legal, empirical and contextual analysis of criminal defence at the investigative stage from a comparative perspective. It is a socio-legal study of criminal defence practice, which draws upon original empirical material from England and Wales and the Netherlands. Based on extensive interviews with lawyers, and extended periods of observation, the book contrasts the encountered reality of criminal defence with the model role of a lawyer at the investigative stage derived from European norms. It places the practice of criminal defence within the broader context of procedural traditions, contemporary criminal justice policies and lawyers' occupational cultures. Criminal Defence at Police Stations questions the determinative role of procedural traditions in shaping criminal defence practice at the investigative stage. The book will be of interest for criminal law and justice practitioners, as well as for academics focusing on criminal justice, criminology, socio-legal studies, legal psychology and human rights.

Human Rights and Drug Control - A New Perspective (Paperback): Melissa Bone Human Rights and Drug Control - A New Perspective (Paperback)
Melissa Bone
R1,239 Discovery Miles 12 390 Ships in 12 - 17 working days

Analysing both UK and international case law, this book develops unique regulatory ideas and insights which better respond to the complexity of human drug use.

Medical Misinformation and Social Harm in Non-Science Based Health Practices - A Multidisciplinary Perspective (Paperback):... Medical Misinformation and Social Harm in Non-Science Based Health Practices - A Multidisciplinary Perspective (Paperback)
Anita Lavorgna, Anna Di Ronco
R1,227 Discovery Miles 12 270 Ships in 12 - 17 working days

Fraudulent, harmful, or at best useless pharmaceutical and therapeutic approaches developed outside science-based medicine have boomed in recent years, especially due to the commercialisation of cyberspace. The latter has played a fundamental role in the rise of false 'health experts', and in the creation of filter bubbles and echo chambers that have contributed to the formation of highly polarised debates on non-science-based health practices-online as well as offline. By adopting a multidisciplinary approach, this edited book brings together contributions of international academics and practitioners from criminology, digital sociology, health psychology, medicine, law, physics, and journalism, where they critically analyse different types of non-science-based health approaches. With this volume, we aim to reconcile different scientific understandings of these practices, synthesising a variety of empirical, theoretical and interpretative approaches, and exploring the challenges, implications and potential remedies to the spread of dangerous and misleading health information. This edited book will offer some food for thought not only to students and academics in the social sciences, health psychology and medicine among other disciplines, but also to medical practitioners, science journalists, debunkers, policy makers and the general public, as they might all benefit from a greater awareness and critical knowledge of the harms caused by non-scientific health practices.

Human Rights in India (Paperback): Satvinder Juss Human Rights in India (Paperback)
Satvinder Juss
R1,250 Discovery Miles 12 500 Ships in 12 - 17 working days

This volume presents an integrated collection of essays around the theme of India's failure to grapple with the big questions of human rights protections affecting marginalized minority groups in the country's recent rush to modernization. The book traverses a broad range of rights violations from: gender equality to sexual orientation, from judicial review of national security law to national security concerns, from water rights to forest rights of those in need, and from the persecution of Muslims in Gulberg to India's parallel legal system of Lok Adalats to resolve disputes. It calls into question India's claim to be a contemporary liberal democracy. The thesis is given added strength by the authors' diverse perspectives which ultimately create a synergy that stimulates the thinking of the entire field of human rights, but in the context of a non-western country, thereby prompting many specialists in human rights to think in new ways about their research and the direction of the field, both in India and beyond. In an area that has been under-researched, the work will provide valuable guidance for new research ideas, experimental designs and analyses in key cutting-edge issues covered in this work, such as acid attacks or the right to protest against the 'nuclear' state in India.

Violence Against Children in the Criminal Justice System - Global Perspectives on Prevention (Paperback): Cedric Foussard,... Violence Against Children in the Criminal Justice System - Global Perspectives on Prevention (Paperback)
Cedric Foussard, Wendy O'Brien
R1,242 Discovery Miles 12 420 Ships in 12 - 17 working days

Children who come into conflict with the law are more likely to have experienced violence or adversity than their non-offending peers. Exacerbating the deleterious effects of this childhood trauma, children's contact with the criminal justice system poses undue risks of physical, sexual, and psychological violence. This book examines the specific forms of violence that children experience through their contact with the criminal justice system. Comprising contributions from leading scholars and practitioners in children's rights and youth justice, this book profiles evidence-based prevention strategies and case studies from around the world. It illustrates the diversity of contexts in which various forms of violence against children unfold and advances knowledge about both the nature and extent of violence against children in criminal justice settings, and the specific situational factors that contribute to, or inhibit, the successful implementation of violence prevention strategies. It demonstrates that specialised child justice systems, in which children's rights are upheld, are crucial in preventing the violence inherent to conventional criminal justice regimes. Written in a clear and accessible style, this book will be of interest to students and researchers engaged in studies of criminology and criminal justice, youth justice, victimology, crime prevention, and children's rights.

Transitional Justice in Law, History and Anthropology (Paperback): Lia Kent, Melissa Demian Transitional Justice in Law, History and Anthropology (Paperback)
Lia Kent, Melissa Demian
R1,234 Discovery Miles 12 340 Ships in 12 - 17 working days

Transitional justice seeks to establish a break between the violent past and a peaceful, democratic future, and is based on compelling frameworks of resolution, rupture and transition. Bringing together contributions from the disciplines of law, history and anthropology, this comprehensive volume challenges these frameworks, opening up critical conversations around the concepts of justice and injustice; history and record; and healing, transition and resolution. The authors explore how these concepts operate across time and space, as well as disciplinary boundaries. They examine how transitional justice mechanisms are utilised to resolve complex legacies of violence in ways that are often narrow, partial and incomplete, and reinforce existing relations of power. They also destabilise the sharp distinction between 'before' and 'after' war or conflict that narratives of transition and resolution assume and reproduce. As transitional justice continues to be celebrated and promoted around the globe, this book provides a much-needed reflection on its role and promises. It not only critiques transitional justice frameworks but offers new ways of thinking about questions of violence, conflict, justice and injustice. It was originally published as a special issue of the Australian Feminist Law Journal.

Consumer Debt and Social Exclusion in Europe (Paperback): Hans W. Micklitz, Irina Domurath Consumer Debt and Social Exclusion in Europe (Paperback)
Hans W. Micklitz, Irina Domurath
R1,242 Discovery Miles 12 420 Ships in 12 - 17 working days

This book analyses the dichotomy between the goal of social inclusion and the effect of social exclusion through over-indebtedness since 2008 in Europe. Filling a vital gap in the current literature on the effects of the financial and economic crisis, this volume puts into context academic discussion with the real-life dimension of over-indebtedness. Reports from six European countries provide socio-economic and legal information on over-indebtedness as well as the regulatory and judicial responses to the problems entailed by over-indebtedness. They form the empirical background for five analyses of different aspects of the inclusion-exclusion dichotomy. It becomes clear that in the context of credit expansion, individual over-indebtedness has turned into a social issue, which the current design of the consumer credit and mortgage system in Europe has helped to produce while disregarding the consequential danger of social exclusion.

Criminality and Criminal Justice in Contemporary Poland - Sociopolitical Perspectives (Paperback): Konrad Buczkowski, Beata... Criminality and Criminal Justice in Contemporary Poland - Sociopolitical Perspectives (Paperback)
Konrad Buczkowski, Beata Czarnecka-Dzialuk, Witold Klaus, Anna Kossowska, Dobrochna Wojcik, …
R1,233 Discovery Miles 12 330 Ships in 12 - 17 working days

Criminality has accompanied social life from the outset. It has appeared at every stage of the development of every community, regardless of organisation, form of government or period in history. This work presents the views of criminologists from Central Europe on the phenomenon of criminality as a component of social and political reality. Despite the far advanced homogenisation of culture and the coming together of the countries that make up the European Union, criminality is not easily captured by statistics and simple comparisons. There can be huge variation not only on crime reporting systems and information on convicts but also on definitions of the same crimes and their formulations in the criminal codes of the individual European countries. This book fills a gap in the English-language criminological literature on the causes and determinants of criminality in Central Europe. Poland, as the largest country in the region, whose political post-war path has been similar to the other countries in this part of Europe, is subject to an exhaustive and original look at criminality as part of the political and social reality. The authors offer a contribution to the debate in the social and criminal policy of the state over the problems of criminality and how to control it.

Elder Law in a Nutshell (Paperback, 7th Revised edition): Lawrence A Frolik, Richard L. Kaplan Elder Law in a Nutshell (Paperback, 7th Revised edition)
Lawrence A Frolik, Richard L. Kaplan
R1,778 Discovery Miles 17 780 Ships in 12 - 17 working days

This edition incorporates all significant changes since 2014, especially in income taxation (including the Tax Cuts and Jobs Act of 2017) and further implementation of the Affordable Care Act regarding Medicare, Medicaid, and other areas.

Modernising Charity Law - Recent Developments and Future Directions (Hardcover): Myles McGregor-Lowndes, Kerry O'Halloran Modernising Charity Law - Recent Developments and Future Directions (Hardcover)
Myles McGregor-Lowndes, Kerry O'Halloran
R3,470 Discovery Miles 34 700 Ships in 12 - 17 working days

`Hard on the heels of a recent surge in charity-law reforms around the world comes this comprehensive volume of analysis and caution by leading academics and practitioners from many of the countries undergoing change. This timely and essential resource will not only aid those jurisdictions where welcome modernization has occurred, but also provide guidance and lessons for policy makers and scholars in Australia's renewed push for reform - as well as in the United States, where serious debates are just starting.' - Evelyn Brody, Chicago-Kent College of Law and Reporter, American Law Institute's Project on Principles of the Law of Nonprofit Organizations, US In recent years the pressure for charity law reform has swept across the common law jurisdictions with differing results. Modernising Charity Law examines how the UK jurisdictions have enacted significant statutory reforms after many years of debate, whilst the federations of Canada and Australia seem merely to have intentions of reform. New Zealand and Singapore have begun their own reform journeys. This highly insightful book brings together perspectives from academics, regulators and practitioners from across the common law jurisdictions. The expert contributors consider the array of reforms to charity law and assess their relative successes. Particular attention is given to the controversial issues of expanded heads of charity, public benefit, religion, competition with business, government participation and regulation. The book concludes by challenging the very notion of charity as a foundation for societies which, faced by an array of global threats and the rising tide of human rights, must now also embrace the expanding notions of social capital, social entrepreneurism and civil society. This original and highly topical work will be a valuable resource for academics, regulators and legal practitioners as well as advanced and postgraduate students in law and public policy. Specialists in charity law, comparative law, and law and public policy should also not be without this important book.

The Routledge International Handbook of Perpetrator Studies (Paperback): Susanne C. Knittel, Zachary J Goldberg The Routledge International Handbook of Perpetrator Studies (Paperback)
Susanne C. Knittel, Zachary J Goldberg
R1,381 Discovery Miles 13 810 Ships in 12 - 17 working days

The Routledge International Handbook of Perpetrator Studies traces the growth of an important interdisciplinary field, its foundations, key debates and core concerns, as well as highlighting current and emerging issues and approaches and pointing to new directions for enquiry. With a focus on the perpetrators of mass killings, political violence and genocide, the handbook is concerned with a range of issues relating to the figure of the perpetrator, from questions of definition, typology, and conceptual analysis, to the study of motivations and group dynamics to questions of guilt and responsibility, as well as representation and memory politics. Offering an overview of the field, its essential concepts and approaches, this foundational volume presents contemporary perspectives on longstanding debates and recent contributions to the field that significantly expand the theoretical, temporal, political, and geographical discussion of perpetrators and their representation through literature, film, and art. It points to emerging areas and future trends in the field, thus providing scholars with ideas or encouragement for future research activity. As such, It will appeal to scholars across a range of disciplines, including sociology, anthropology, criminology, philosophy, memory studies, psychology, political science, literary studies, film studies, law, cultural studies and visual art.

Routledge Handbook of International Family Law (Paperback): Barbara Stark, Jacqueline Heaton Routledge Handbook of International Family Law (Paperback)
Barbara Stark, Jacqueline Heaton
R1,370 Discovery Miles 13 700 Ships in 12 - 17 working days

Globalisation, and the vast migrations of capital and labour that have accompanied it in recent decades, has transformed family law in once unimaginable ways. Families have been torn apart and new families have been created. Borders have become more porous, allowing adoptees and mail order brides to join new families and women fleeing domestic violence to escape from old ones. People of different nationalities marry, have children, and divorce, not necessarily in that order. They file suits in their respective home states or third states, demanding support, custody, and property. Otherwise law-abiding parents risk jail in desperate efforts to abduct their own children from foreign ex-spouses. The aim of this Handbook is to provide scholars, postgraduate students, judges, and practioners with a broad but authoritative review of current research in the area of International Family Law. The contributors reflect on a range of jurisdictions and legal traditions and their approaches vary. Each chapter has a distinct subject matter and was written by an author who was invited because of his or her expertise on that subject. This volume provides a valuable contribution to emerging understandings of the subject.

Domestic Military Powers, Law and Human Rights - Calling Out the Armed Forces (Paperback): Michael Head Domestic Military Powers, Law and Human Rights - Calling Out the Armed Forces (Paperback)
Michael Head
R1,237 Discovery Miles 12 370 Ships in 12 - 17 working days

This book examines the national and international law, human rights and civil liberties issues involved in governments calling out the armed forces to deal with civil unrest or terrorism. The introduction of domestic military powers has become an international trend. Troops already have been seen on the streets in major Western democracies. These developments raise major political, constitutional and related problems. Examining the changes underway in eight comparable countries-the United States, Canada, Britain, France, Italy, Germany, Japan and Australia-this book provides a review and analysis of this trend, including its implications for legal and political rights. The book will be of interest to the general public, as well as students, academics and policy-makers in the areas of human rights and civil liberties, constitutional law, criminal justice and security studies.

Law and Philosophy of Language - Ordinariness of Law (Hardcover): Pascal Richard Law and Philosophy of Language - Ordinariness of Law (Hardcover)
Pascal Richard
R3,904 Discovery Miles 39 040 Ships in 12 - 17 working days

Academic legal production, when it focuses on the study of law, generally grasps this concept on the basis of a reference to positive law and its practice. This book differs clearly from these analyses and integrates the legal approach into the philosophy of normative language, philosophical realism and pragmatism. The aim is not only to place the examination of law in the immanence of its practice, but also to take note of the fact that legal enunciation must be taken seriously. In order to arrive at this analysis, it is necessary to go beyond traditional perspectives and to base reflection on an investigation of the conditions for enunciating law in our democracies. This analysis thus offers a renewal of the ethics inherent in the action of jurists and an original reflection on the role of certain legal tools such as concepts, categories, or "provisions". In this sense, the work nourishes its originality not only by the transversality of its approach, but also by the will to situate legal thought in concrete forms of its implementation. The book will be essential reading for academics working in the areas of legal theory, legal philosophy and constitutional theory.

Sentencing - New Trajectories in Law (Hardcover): Elaine A. O. Freer Sentencing - New Trajectories in Law (Hardcover)
Elaine A. O. Freer
R1,520 Discovery Miles 15 200 Ships in 12 - 17 working days

This book examines the process and purpose of sentencing in the criminal justice system, beyond the confines of its legalistic aspects. Sentencing is the process that concludes any criminal trial that ends with the defendant being convicted, and any hearing in which a defendant pleads guilty. Those convicted of crime have been subject to sentencing as the method of imposing a punishment for their offences since the earliest existence of anything we would recognise as a criminal justice system. Yet the rationale behind sentencing, and the process by which it happens, has long been viewed through a traditional lens. In contrast, this book considers not just the process by which a Judge arrives at a numerical sentence of months in custody or the amount of a fine, but the wider meanings and effects of sentencing, as seen through the lens of various ideas of social justice. The book will appeal to students, academics, and legal practitioners who wish to consider a different perspective on the well-known and well-researched, but often shifting, area of sentencing.

Contesting Carceral Logic - Towards Abolitionist Futures (Paperback): Mechthild Nagel, Michael J. Coyle Contesting Carceral Logic - Towards Abolitionist Futures (Paperback)
Mechthild Nagel, Michael J. Coyle
R1,617 Discovery Miles 16 170 Ships in 12 - 17 working days

Contesting Carceral Logic will be of great interest to not only scholars and activists, but also provides an introduction to key carceral issues and debates for students of penology, criminology, social policy, geography, politics, philosophy, social work, and social history programs in countries all around the world.

Contesting Carceral Logic - Towards Abolitionist Futures (Hardcover): Mechthild Nagel, Michael J. Coyle Contesting Carceral Logic - Towards Abolitionist Futures (Hardcover)
Mechthild Nagel, Michael J. Coyle
R4,065 Discovery Miles 40 650 Ships in 12 - 17 working days

Contesting Carceral Logic will be of great interest to not only scholars and activists, but also provides an introduction to key carceral issues and debates for students of penology, criminology, social policy, geography, politics, philosophy, social work, and social history programs in countries all around the world.

Comparative Law - Mixes, Movements, and Metaphors (Paperback): Sean Patrick Donlan, Jane Mair Comparative Law - Mixes, Movements, and Metaphors (Paperback)
Sean Patrick Donlan, Jane Mair
R1,232 Discovery Miles 12 320 Ships in 12 - 17 working days

This book discusses a number of important themes in comparative law: legal metaphors and methodology, the movements of legal ideas and institutions and the mixity they produce, and marriage, an area of law in which culture - or clashes of legal and public cultures - may be particularly evident. In a mix of methodological and empirical investigations divided by these themes, the work offers expanded analyses and a unique cross-section of materials that is on the cutting edge of comparative law scholarship. It presents an innovative approach to legal pluralism, the study of mixed jurisdictions, and language and the law, with the use of metaphors not as an illustration but as a core element of comparative methodology.

Intellectual Property Law and Access to Medicines - TRIPS Agreement, Health, and Pharmaceuticals (Hardcover): Srividhya... Intellectual Property Law and Access to Medicines - TRIPS Agreement, Health, and Pharmaceuticals (Hardcover)
Srividhya Ragavan, Amaka Vanni
R5,279 Discovery Miles 52 790 Ships in 12 - 17 working days

The history of patent harmonization is a story of dynamic actors, whose interactions with established structures shaped the patent regime. From the inception of the trade regime to include intellectual property (IP) rights to the present, this book documents the role of different sets of actors - states, transnational business corporations, or civil society groups - and their influence on the structures - such as national and international agreements, organizations, and private entities - that have caused changes to healthcare and access to medication. Presenting the debates over patents, trade, and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), as it galvanized non-state and nonbusiness actors, the book highlights how an alternative framing and understanding of pharmaceutical patent rights emerged: as a public issue, instead of a trade or IP issue. The book thus offers an important analysis of the legal and political dynamics through which the contest for access to lifesaving medication has been, and will continue to be, fought. In addition to academics working in the areas of international law, development, and public health, this book will also be of interest to policy makers, state actors, and others with relevant concerns working in nongovernmental and international organizations.

The Slave Trade, Abolition and the Long History of International Criminal Law - The Recaptive and the Victim (Paperback): Emily... The Slave Trade, Abolition and the Long History of International Criminal Law - The Recaptive and the Victim (Paperback)
Emily Haslam
R1,226 Discovery Miles 12 260 Ships in 12 - 17 working days

Modern international criminal law typically traces its origins to the twentieth-century Nuremberg and Tokyo trials, excluding the slave trade and abolition. Yet, as this book shows, the slave trade and abolition resound in international criminal law in multiple ways. Its central focus lies in a close examination of the often-controversial litigation, in the first part of the nineteenth century, arising from British efforts to capture slave ships, much of it before Mixed Commissions. With archival-based research into this litigation, it explores the legal construction of so-called 'recaptives' (slaves found on board captured slave ships). The book argues that, notwithstanding its promise of freedom, the law actually constructed recaptives restrictively. In particular, it focused on questions of intervention rather than recaptives' rights. At the same time it shows how a critical reading of the archive reveals that recaptives contributed to litigation in important, but hitherto largely unrecognized, ways. The book is, however, not simply a contribution to the history of international law. Efforts to deliver justice through international criminal law continue to face considerable challenges and raise testing questions about the construction - and alternative construction - of victims. By inscribing the recaptive in international criminal legal history, the book offers an original contribution to these contentious issues and a reflection on critical international criminal legal history writing and its accompanying methodological and political choices.

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