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Books > Law > Laws of other jurisdictions & general law > Social law > General
Bringing together an international group of authors, this book addresses the important issues lying at the intersection between urban space, on the one hand, and incivilities and urban harm, on the other. Progressive urbanisation not only influences people's living conditions, their well-being and health but may also generate social conflict and consequently fuel disorder and crime. Rooted in interdisciplinary scholarship, this book considers a range of urban issues, focussing specifically on their sensory, emotive, power and structural dimensions. The visual, audio and olfactory components that offend or harm are inspected, including how urban social control agencies respond to violations of imposed sensory regimes. Emotive dimensions examined include the consideration of people emotions and sensibilities in the perception of incivilities, in the shaping of social control to deviant phenomena, and their role in activating or suppressing people's resistance towards otherwise harmful everyday practices. Power and structural dimensions examine the agents who decide and define what anti-social and harmful is and the wider socio-economic and cultural setting in which urbanites and social control agents operate. Connecting with sensory and affective turns in other disciplines, the book offers an original, distinctive and nuanced approach to understanding the harms, disorder and social control in the city. An accessible and compelling read, this book will appeal to those engaged with criminology, sociology, human geography, psychology, urban studies, socio-legal studies and all those interested in the relationship between urban space and urban harm.
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.
This book addresses the discursive importance of the prosecution's opening statement before an international criminal tribunal. Opening statements are considered to be largely irrelevant to the official legal proceedings but are simultaneously deployed to frame important historical events. They are widely cited in international media as well as academic texts; yet have been ignored by legal scholars as objects of study in their own right. This book aims to remedy this neglect, by analysing the narrative that is articulated in the opening statements of different prosecutors at different tribunals in different times. It takes an interdisciplinary approach and looks at the meaning of the opening narrative beyond its function in the legal process in a strict sense, discussing the ways in which the trial is situated in time and space and how it portrays the main characters. It shows how perpetrators and victims, places and histories, are juridified in a narrative that, whilst purporting to legitimise the trial, the tribunal and international criminal law itself, is beset with tensions and contradictions. Providing an original perspective on the operation of international criminal law, this book will be of considerable interest to those working in this area, as well as those with relevant interests in International/Transnational Law more generally, Critical Legal Studies, Law and Literature, Socio-Legal Studies, Law and Geography and International Relations.
In this solutions-focused collection of sport corruption case studies, leading researchers consider how to re-establish trust both within sports organisations and in the wider sporting public. Inspired by the idea of 'moral repair', the book examines significant corruption cases and the measures taken to reduce further harm or risk of recurrence. The book has an international scope, including case study material from Europe, Asia, Africa, Australia and New Zealand, and covers important contemporary issues including whistleblowing, bribery, match-fixing, gambling, bidding for major events, and good governance. It examines the loss of trust at both national and international levels. Drawing on cutting-edge research, the book includes both on-field and off-field examples, from Olympic, non-Olympic, professional and amateur sports, as well as diverse academic and practitioner perspectives. Offering an important contribution to current debates and a source of reflection on best professional practice, Restoring Trust in Sport helps us to better understand why corruption happens in sport and how it can and should be addressed. This is invaluable reading for all advanced students, researchers, managers and policy makers with an interest in integrity in sport, sport ethics, sport management, sport governance, sports law, and a useful reference for anybody working in criminology, business and management, law, sociology or political science.
This book proposes an ethical and legal framework to improve the responses to social issues related not only to the current SARS-CoV-2 pandemic, but also to future pandemics. Its contents cover the issues that are likely to be most controversial in any public health crisis. It starts by discussing non-pharmacological measures, such as the appropriateness of confinement, how to control compliance with public health measures and the ethical, legal and social acceptability of health certificates. Then it turns to issues related to the production, distribution and administration of vaccines, with a particular focus on the design and implementation of vaccination policies. Finally, it analyses the most appropriate criteria to develop a triage, when the situation brings us to this terrible scenario. The analyses presented in this book are based on the ethical and legal frameworks, as well as the social context, of the European Union, and aims to address the main dilemmas faced by any liberal democracy dealing with a pandemic: how to reconcile the defense against a public health crisis together with a respect for fundamental rights and freedoms. The European legal systems have developed a number of conceptual tools designed to ensure that there is no room for arbitrariness in the restrictions introduced by the political power in emergency situations, and this book builds upon these tools. The Ethical, Legal and Social Issues of Pandemics: An Analysis from the EU Perspective is a predominantly practice-oriented book, which will help policy makers to adopt policies that effectively combine public health needs with individual rights and freedoms. It will also help health care givers to understand better the ethical and legal issues involved in their work and citizens, in general, to participate in public decision making in an informed manner. Finally, it will help to design tools that faithfully comply with existing fundamental rights standards.
Members of racial groups are protected under international law against genocide, persecution, and apartheid. But what is race - and why was this contentious term not discussed when drafting the Statute of the International Criminal Court? Although the law uses this term, is it legitimate to talk about race today, let alone convict anyone for committing a crime against a racial group? This book is the first comprehensive study of the concept of race in international criminal law. It explores the theoretical underpinnings for the crimes of genocide, apartheid, and persecution, and analyses all the relevant legal instruments, case law, and scholarship. It exposes how the international criminal tribunals have largely circumvented the topic of race, and how incoherent jurisprudence has resulted in inconsistent protection. The book provides important new interpretations of a problematic concept by subjecting it to a multifaceted and interdisciplinary analysis. The study argues that race in international criminal law should be constructed according to the perpetrator's perception of the victims' ostensible racial otherness. The perpetrator's imagination as manifested through his behaviour defines the victims' racial group membership. It will be of interest to students and practitioners of international criminal law, as well as those studying genocide, apartheid, and race in domestic and international law.
Transnational tendencies have led to a pluralistic legal environment in which emerging and established legal actors, regulatory levels and types of legal norms co-exist, compete and interact in complex ways. This challenges and changes not only how legal norms are created, applied and enforced but also when these actors, norms and processes are considered legitimate. The book investigates how states and non-state actors interact in transnational settings and pays attention to the understudied question of what effect transnational tendencies have on the legitimacy of legal actors, norms and processes. It seeks to confront three fundamental questions: Has legitimacy significantly changed? Who creates norms and with which consequences for legal procedures and norms? The book considers the question of legitimacy from a broad range of legal perspectives, including environmental law, human rights law and commercial law. It maps out the contours of legitimacy today with an emphasis on the reactions of central actors like states and courts to transnational tendencies. The book thereby provides a conceptually powerful structure within which to further debate the complexity of transnational tendencies in law and proposes innovative approaches to problem solving while designing pathways for further reflection on the development of law in a transnational context.
The process of judicial control over institutions is often described as growing socio-legal trend which impacts the development of modern societies. This is particularly the case for prisons and other penal institutions, as international bodies and the courts have tried to influence prison policies since the 1960s. This book addresses this dynamic situation by focusing on European monitoring as a major influence on penal and prison policies within, between and across nation states. Bringing together experts from around Europe, this book actively contributes to debates and analysis within penal and prison policy studies by shedding lights on the impacts of monitoring, and demonstrates how the study of penal and prison reform in different European countries can contribute to building a clearer and more precise picture of European legal systems. This book will be of interest to researchers in the fields of prisons, penology and punishment, as well as policymakers and professionals working for national Ministries of Justice and for prison department and national human rights institutions, as well as those working for INGOs and NGOs.
This book explores the phenomenon of data - big and small - in the contemporary digital, informatic and legal-bureaucratic context. Challenging the way in which legal interest in data has focused on rights and privacy concerns, this book examines the contestable, multivocal and multifaceted figure of the contemporary data subject. The book analyses "data" and "personal data" as contemporary phenomena, addressing the data realms, such as stores, institutions, systems and networks, out of which they emerge. It interrogates the role of law, regulation and governance in structuring both formal and informal definitions of the data subject, and disciplining data subjects through compliance with normative standards of conduct. Focusing on the 'personal' in and of data, the book pursues a re-evaluation of the nature, role and place of the data subject qua legal subject in on and offline societies: one that does not begin and end with the inviolability of individual rights but returns to more fundamental legal principles suited to considerations of personhood, such as stewardship, trust, property and contract. The book's concern with the production, use, abuse and alienation of personal data within the context of contemporary communicative capitalism will appeal to scholars and students of law, science and technology studies, and sociology; as well as those with broader political interests in this area.
Beyond Clinical Dehumanisation Toward the Other in Community Mental Health Care offers a rare and intimate portrayal of the moral process of a mental health clinician that interrogates the intractable problem of systemic dehumanisation in community mental health care and looks to the notion of "wonder" and the visionary relational ethics of Emmanuel Levinas for a possible cure. An interdisciplinary study with transdisciplinary aspirations, this book contributes an original and compelling voice to the emerging therapeutic conversation attempting to re-imagine and transcend the objectifying constraints of the dominant discourse and the reductive world view that drives it. Chapters bring into dialogue the fields of community mental health care, psychology, psychology and the Other, the philosophy of wonder, Levinasian ethics, clinical ethics, the moral research of autoethnography and the medical humanities, to consider the defilement of the vulnerable help seeker, the moral injury of the clinician and look for answers beyond. This book is an ethical primer for mental health professionals, researchers, educators, advocates and service users working to re-imagine and heal a broken system by challenging the underpinnings of entrenched dehumanisation and standing with those they "serve".
This volume purports to explore the legal and political issues triggered by the new wave of secessionism. More specifically, those issues concern the interplay between notions of democracy (and democratic ends and means) and law (and the rule of law and constitutionalism). Against this background, the editors use amorality in order to escape the terrain of the justification of secession by making a distinction between the democratic theory of secession and the theory of democratic secession. In the first section, the theoretical nexus democracy-secession has been approached both from a legal and political theory perspective. The second section of the book examines the instruments that the theory of democratic secession invokes in order to justify secession and presents both legal and political science contributions. The third section focuses on social movements and political actors. The fourth section focuses on two case studies due to the awareness of the importance of the difference between secession in a democratic occidental context (which call into play the discussion of the democratic theories) and separations in a non-democratic context (where the nexus between secession and democracy is not really central).
This book looks at two technological advancements in the area of e-commerce, which dramatically seem to change the way consumers shop online. In particular, they automate certain crucial tasks inherent in the 'shopping' activity, thereby relieving consumers of having to perform them. These are shopping agents (or comparison tools) and automated marketplaces. It scrutinizes their underlying processes and the way they serve the consumer, thereby highlighting risks and issues associated with their use. The ultimate aim is to ascertain whether the current EU regulatory framework relating to consumer protection, e-commerce, data protection and security adequately addresses the relevant risks and issues, thus affording a 'safe' shopping environment to the e-consumer.
It is often asserted that 'A family that prays together, stays together'. But what if a child no longer wishes to pray? This book analyses the law in relation to situations where parents force their children to manifest the parental religion. From thorough examination of international law it argues that, unlike what is generally believed, the human rights regime does not grant parents a right to impose manifestations of their religion on their children. Instead, the author proposes to regard coerced manifestations as a limitation on children's right to freedom of manifestation, based on national laws that give parents rights at the domestic level under principles such as parental responsibility. The book focuses on two aspects of States' positive obligations in this regard. First, the obligation to provide a regulatory framework that can protect children's right to freedom of manifestation, and restricts limitations to those that are proportionate or 'necessary in a democratic society'. Second, to provide access to remedies, which it is argued should consist of access to a family-friendly infrastructure for dispute resolution available to parents and children in conflict over religious manifestation. Both depend heavily on the way States balance power between parents and children at the national level. The book includes three case studies and social research of jurisdictions that offer different perspectives under the principles of parental authority (France), parental responsibility (England) and parental rights (Hong Kong).
This book is a critical study of the laws regulating landownership patterns. Land and land law are woven into the fabric of our society and are therefore integral to the substantive questions of equality and developmental ideologies of the state. This volume uncovers the socio-economic realities that surround land and approaches the law from the standpoint of the marginalized, landless and the dispossessed. This book: Undertakes an extensive survey of existing legislations, both at the union and state level through a range of analytical tables; Discusses the issues of land reform; abolition of intermediaries and tenancy reform; need for redistribution; ceilings on agricultural holdings; law of land acquisition; legal construction of public purpose and displacement, dispossession, compensation, and rehabilitation to construct a case for redistribution; Inquires into the phenomenon of landlessness that widely prevails in India today and lays bare its causes. An invaluable resource, this volume will be an essential read for all students and researchers of law, political studies, sociology, political economy, exclusion studies, development studies, and Asian studies.
The Daubert trilogy of U.S. Supreme Court cases has established that scientific expert testimony must be based on science grounded in empirical research. As such, greater scrutiny is being placed on questioned document examination generally, and handwriting comparison in particular. Bridging the gap between theory and practice, The Neuroscience of Handwriting: Applications in Forensic Document Examination examines the essential neuroscientific principles underlying normal and pathological hand motor control and handwriting. Topics discussed include: Fundamental principles in the neuroanatomy and neurochemistry of hand motor control and their application to research in handwriting The epidemiology, pathophysiology, and motor characteristics of neurogenerative diseases such as Parkinson's, Huntington's, Alzheimer's, multiple sclerosis, essential tremor, and motor neuron disease and their effects on handwriting Psychotropic medications prescribed for depression, bipolar disorder, and psychosis; their mechanisms of action; and their effect on motor behavior and handwriting The impact of substance abuse on handwriting An overview of the aging process and its effects on motor control and handwriting The kinematic approach and new findings on the kinematic analyses of genuine, disguised, and forged signatures The authors' laboratory research on authentic and forged signatures An essential resource for professionals and researchers in the forensic documentation examination and legal communities, this volume provides a window on the scientific process of signature and handwriting authentication, integrating the extensive research on neural processes and exploring how disease, medication, and advanced age alter these processes.
Drawing on a range of approaches from the social sciences and humanities, this handbook explores theoretical and empirical perspectives that address the articulation of law in society, and the social character of the rule of law. The vast field of socio-legal studies provides multiple lenses through which law can be considered. Rather than seeking to define the field of socio-legal studies, this book takes up the experiences of researchers within the field. First-hand accounts of socio-legal research projects allow the reader to engage with diverse theoretical and methodological approaches within this fluid interdisciplinary area. The book provides a rich resource for those interested in deepening their understanding of the variety of theories and methods available when law is studied in its broadest social context, as well as setting those within the history of the socio-legal movement. The chapters consider multiple disciplinary lenses - including feminism, anthropology and sociology - as well as a variety of methodologies, including: narrative, visual and spatial, psychological, economic and epidemiological approaches. Moreover, these are applied in a range of substantive contexts such as online hate speech, environmental law, biotechnology, research in post-conflict situations, race and LGBT+ lawyers. The handbook brings together younger contributors and some of the best-known names in the socio-legal field. It offers a fresh perspective on the past, present and future of sociolegal studies that will appeal to students and scholars with relevant interests in a range of subjects, including law, sociology and politics.
The concept of 'organised crime' is constructed and mobilised by a milieu of complex factors and discourses including a politics of law and order, and international insecurity, combined with the vested interests and priorities of scholars, politicians, government officials, and policing authorities. This book challenges existing assumptions and accepted understandings of organised crime, and explores the ways in which it is amplified and reconstructed for political purposes. This book critiques how the constitution of the 'organised crime problem' in academic and political discourse provides the conditions necessary for the development of an extensive and international architecture of law, policing, surveillance and intelligence. It examines emerging challenges and future directions including the impact of technology on new problems, and for transnational policing, such as the ease with which the Internet enables crime to be committed across borders, and for electronic communications to be protected with strong encryption hampering interception. No other text presents an integrated and comprehensive study of both the politicisation and policing of organised crime, while questioning the outcomes for society at large. Drawing on international fieldwork and interviews with senior national and supranational policing personnel, this book compares and contrasts various narratives on organised crime. It will be of interest to students and researchers engaged in studies of criminology, criminal justice, organised crime, policing, and law.
This book explores the intersection of two emergent and vibrant fields of study in international human rights law: transitional justice and corporate accountability for human rights abuses. While both have received significant academic and political attention, the potential links between them remain largely unexplored. This book addresses the normative question of how international human rights law should deal with corporate accountability and violations of economic, social and cultural rights in transitional justice processes. Drawing on the Argentinian transitional justice process, the book outlines the theoretical and practical challenges of including corporate accountability in transitional justice processes through existing mechanisms. Offering specific insights about how to deal with those challenges, it argues that consideration of the role of all actors, and the whole spectrum of human rights violated, is crucial to properly address the root causes of violence and conflict as well as to contribute to a sustainable and positive peace. This interdisciplinary book will be of interest to students and scholars of transitional justice, human rights law, corporate law and international law.
This book provides detailed analysis of Supreme Court judgments which have impacted the rights of minorities in relation to higher education, and so illustrates ongoing issues of racial discrimination throughout the American education sector. Race, Law, and Higher Education in the Colorblind Era brings together the many racial disputes that have been adjudicated by the Supreme Court to investigate the politics of colorblindness in the post-civil rights era. Through a reading of these various cases as a form of continuing racial discourse, this book focuses on the ways in which racial disputes operate within a clearly entwined colorblind narrative that invalidates racial justice for minorities. By investigating how the Supreme Court has understood racism and the concept of race across its history, this volume demonstrates how colleges and universities must navigate the often contradictory and perilous landscape of 'diversity' in attempts to integrate historically disadvantaged minorities. This book will be of interest to researchers, academics, and postgraduate students in the fields of sociology of education, multicultural education, and legal education.
This book provides a rich analysis of the history of Swedish victim support. With the majority of research on victim support centering on the Anglosphere, this book offers a unique case study for considering the role of the victim in the criminal justice system. While Sweden has enacted many laws to support victims, and victim assistance programs have grown rapidly, welfare policy has become more restrictive and crime policy, to some degree, more punitive. Drawing on archival material and interviews with key representatives for the Swedish Association for Victim Support (BOJ), this book examines what role the victim movement has played in a changing welfare state. It argues that BOJ filled a function in the decentralization and privatization of the Swedish welfare state and explores distinctive features of the Swedish victim movement and the form it has taken, as compared to that in other countries. This book will be of interest to scholars and students of criminology, sociology, social policy, civil society studies, and social work, and those engaged in studies of victims and victimology.
This collection brings together selected articles on key areas in the field of cultural heritage rights discourse. Contributed by an international group of scholars, the papers address conceptual and political issues and explore themes in contemporary literature on cultural heritage such as repatriation, looting and illicit trade, the effects of armed conflict and the relationship between tourism, economic development and cultural heritage. The legal regulation of cultural heritage is also discussed, with articles on regulatory challenges, current practices around the world and issues and challenges in common. Topics which are likely to become increasingly important in the future, such as climate change, cultural globalisation, human genomic science and the shift to a post-liberal, post-rights politics and law of cultural heritage, are also explored. This volume, which presents the most up-to-date scholarship in an area of increasing interest and relevance, is an indispensable reference resource for libraries, lecturers and students.
Beyond Clinical Dehumanisation Toward the Other in Community Mental Health Care offers a rare and intimate portrayal of the moral process of a mental health clinician that interrogates the intractable problem of systemic dehumanisation in community mental health care and looks to the notion of "wonder" and the visionary relational ethics of Emmanuel Levinas for a possible cure. An interdisciplinary study with transdisciplinary aspirations, this book contributes an original and compelling voice to the emerging therapeutic conversation attempting to re-imagine and transcend the objectifying constraints of the dominant discourse and the reductive world view that drives it. Chapters bring into dialogue the fields of community mental health care, psychology, psychology and the Other, the philosophy of wonder, Levinasian ethics, clinical ethics, the moral research of autoethnography and the medical humanities, to consider the defilement of the vulnerable help seeker, the moral injury of the clinician and look for answers beyond. This book is an ethical primer for mental health professionals, researchers, educators, advocates and service users working to re-imagine and heal a broken system by challenging the underpinnings of entrenched dehumanisation and standing with those they "serve".
This book presents an ethnography of dispute processing by non-state forums and actors in rural India. As such it sheds light on a much neglected and contested topic. Arising in the context of recent legal and political debates that question the legitimacy of non-state actors engaged in dispute processing, the book explores the nature, form, and functioning of such forums and actors in two locations in rural India. Focusing on a fishermen's community belonging to the caste of Hindu Machimar Kolis in coastal Maharashtra and an agrarian community in Uttarakhand with members from the Pandit, Thakur, Bhotia, and Harijan caste groups, this study shows the manner in which non-state forums and actors engage with state law and its regulatory systems.
This book examines the roles played by narrative and culture in the construction of legal cases and their resolution. It is articulated in two parts. Part I recalls epistemological turns in legal thinking as it moves from theory to practice in order to show how facts are constructed within the legal process. By combining interdisciplinary paradigms and methods, the work analyses the evolution of facts from their expression by the client to their translation within the lawyer-client relationship and the subsequent decision of the judge, focusing on the dynamic activity of narrative construction among the key actors: client, lawyer and judge. Part II expands the scientific framework toward a law-and-culture-oriented perspective, illustrating how legal stories come about in the fabric of the authentic dimensions of everyday life. The book stresses the capacity of laypeople, who in this activity are equated with clients, to shape the law, dealing not just with formal rules, but also with implicit or customary rules, in given contexts. By including the illustration of cases concerning vulnerable clients, it lays the foundations for developing a socio-clinical research programme, whose aims including enabling lay and expert actors to meet for the purposes of improving forms of collective narrations and generating more just legal systems.
Locating assisted suicide within the broader medical end-of-life context and drawing on the empirical data available from the increasing number of permissive jurisdictions, this book provides a novel examination of the human rights implications of the prohibition on assisted suicide in England and Wales and beyond. Assisted suicide is a contentious topic and one which has been the subject of judicial and academic debate internationally. The central objective of the book is to approach the question of the ban's compatibility with the European Convention on Human Rights afresh; freed from the constraints of the existing case law and its erroneous approach to the legal issues and selective reliance on empirical data. The book also examines the compatibility of the ban on assisted suicide with rights which have either been erroneously disregarded or not considered by either the domestic courts or the European Court of Human Rights. Having regard to human rights jurisprudence more broadly, including in the context of abortion, the research and analysis undertaken here demonstrates that the ban on assisted suicide violates the rights of a significant number of individuals to life, to freedom from torture or inhuman or degrading treatment and to private life. Such analysis does not depend on a strained or contrived approach to the rights at issue. Rather, the conclusions flow naturally from a coherent, logical application of the established principles governing those rights. While the focus of the book is the Suicide Act 1961, the conclusions reached have implications beyond England and Wales, including for the other devolved jurisdictions and international jurisdictions. Beyond courts and legislators, it will be a valuable resource for students of human rights and medical law, as well as medical and legal practitioners and academics working in human rights and end-of-life care. |
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