Published in conjunction with the International Bar Association, this high-profile collection of writings brings together judicial, legislative, regulatory, journalistic and academic perspectives on the current state of media laws in the UK and in the US, scrutinising their efficacy in relation to the rights for privacy and free expression.

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.

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.

Whilst activities like transplantation and medical research have typically been considered on a discrete basis, they are also actually part of a broader phenomenon of medical means being employed to make use of human beings. This book is the first ever systematic critique of such medical use of the human being as a whole. It is divided into two parts. The first part considers what constitutes an appropriate normative lens through which to view such medical use and its constraint. It makes a reasoned ethical and human-rights-based case for preferring respect for human worth over any of the main alternative approaches that have been drawn on in specific contexts and outlines what this preference practically implies. The second part uses this respect-based lens to critique use discourse, law and practice. Drawing on three contrasting case study areas of warfare-related medical use, transplantation and human tissue research, this book exposes both the context-specific and thematic nature of shortfalls in respect. Overall this book provides a compelling analysis of how medical use ought to be constrained and a compelling critique of the excesses of discourse, practice and governance. It is recommended to academics, students, policymakers and professionals whose work is focused on or intersects with the medical sector and anyone else with an interest in medicine and its limits.

This collection presents an analysis of illicit networks and discusses implications for law enforcement and crime prevention. The contributors draw on a range of methodologies and apply them to diverse international criminological settings, from illegal fishing in the Indo-Pacific to 'money mule' networks in the Netherlands. Using a variety of examples, the book elucidates how and why criminals form networks of cooperation and how they can be disrupted. It is expected to be of interest to those who study criminology or criminal law, as well as law enforcement practitioners.

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).

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 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.

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 conceptual and theoretical frameworks of Right to Water and analyzes its values in the context of water policy frameworks of the union governments in India. It uses a qualitative approach and combines critical hermeneutics with critical content analysis to introduce a new water policy framework. The volume maps the complex argumentative narrations which have emerged and evolved in the idea of Right to Water and traces the various contours and the nature of water policy texts in independent India. The book argues that the idea of Right to Water has emerged, evolved and is being argued through theoretical arguments and is shaped with the help of institutional arrangements developed at the international, regional, and national levels. Finally, the book underlines that India's national water policies drafted respectively in 1987, 2002 and 2012, are ideal but are not embracing the values and elements of Right to Water. The volume will be of critical importance to scholars and researchers of public policy, environment, especially water policy, law, and South Asian studies.

This book examines the phenomenon of 'grand corruption' in Kuwait and the pattern in the wider region. Taking an interdisciplinary approach, the work places corruption in its sociological, political and economic context to explore the relationship between the characteristics of Kuwait as a state with an endemic corruption problem. It then focuses on laws and regulations as key problem-solving mechanisms. In doing so, it identifies, explores, and assesses the existing counter-corruption laws and regulations in Kuwait in a broad socio-political-economic context. The work goes beyond doctrinal legal research, employing empirical methodology based on semi-structured interviews with elite politicians and professional experts from criminal justice and non-governmental organisations (NGOs). These valuable and original insights are reflected upon throughout the study. The grand corruption that permeates the tier of high-profile officials in Kuwait is replicated in many developing countries where accountability mechanisms regularly suffer from lack of enforcement. The appeal of this book is its application to numerous jurisdictions, and the Gulf Cooperation Council (GCC) countries and Middle East in particular. It will be a valuable resource for academics, researchers, and policymakers working in the areas of financial crime and corruption.

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.

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.

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.

Written from the viewpoint of the practicing clinician, this text is an indispensable addition to the library of anyone who is in the practice of medicine, osteopathy, or chiropractic, as well as for the judge, lawyer, or social worker who may interact with those presenting with the possibility of malingering. Other topics discussed include Waddell's Signs, the Pinocchio Phenomenon, the Othello Error, the Menace Reflex, the Reliable Digit Span, Lombard's Test, the Babinski Sign of the Eyebrow, the Hummel Double Conversation Test, the Swinging Story Test, the Judd-Persaud Test, the Teal Test, the Chimani-Moos Test, the Occlusion Effect, the Drop Arm Test, the Drop Leg Test, the Honest Palm Sign, the Elbow-Flex-Ex Sign, Beevor's Sign, Schober's Test, the Babinski Trunk-Thigh Test, and the Barre Test. Advance praise for Neurological Malingering "Dr. Hirsch's book is long overdue and covers a critical topic of concern to all medical practitioners. This comprehensive treatise is a must for all physicians, psychologists, and others who work with patients who have incentive to gain from the system. Multiple topics related to malingering are presented in 16 straightforward chapters never before compiled in a single volume. I recommend this book highly to anyone concerned about malingering and its impact on the medical system." - Richard L. Doty, PhD, FAAN, Professor and Director, Smell and Taste Center, Perelman School of Medicine, University of Pennsylvania "Malingering affects not only the malingerers, but the persons and institutions around them as well. As a lay person, the readings have certainly made me considerably more sensitive to suspect behavior. And where knowledge of the underlying condition can affect relationships or transactions one is associated with, it is certainly useful to not only recognize its existence, but also to put it within the context of the challenges that it presents to those relationships or transactions. I count the time spent reading this most comprehensive work as well spent. I would further recommend it to others whose interests, decisions and/or professional pursuits could very well be affected by malingering, whether the behavior is or is not purposeful." - Judge Stephen A. Schiller (Retired), Circuit Court of Cook County, Illinois

This book addresses the conceptual and evidentiary issues relating to the treatment of propaganda in international criminal law. Bringing together an interdisciplinary range of scholars, researchers and legal practitioners from Africa, Australia, Europe and the United States, the book provides an in-depth analysis of the nature, position and role of the concept of propaganda in mass atrocity crimes trials. A sequel to the earlier Propaganda, War Crimes Trials and International Law: From Speakers' Corner to War Crimes (Routledge, 2011) this book is the first to synthesize the knowledge, procedures and methods of international criminal law with the social cognitive sciences. Including a comprehensive overview of the most relevant case law, jurisprudence and scientific studies, the book also offers a series of practical insights and strategies for both academics and legal professionals. An invaluable resource for those working in the area of international criminal law, this book will also be of interest to academics, practitioners and students with relevant interests in legal theory, politics, linguistics and psychology.

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 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.

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.

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.

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.

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.

Written in accessible language, this book provides a comprehensive analysis of a topical subject that is being widely debated across Europe. The work presents an overview of emerging case law from the European Court of Human Rights and the Court of Justice of the European Union, as well as from national courts and equality bodies in European countries, on the wearing of religious symbols in public spaces. The author persuasively argues that bans on the wearing of religious symbols constitutes a breach of an individual's human rights and contravene existing anti-discrimination legislation. Fully updated to take account of recent case law, this second edition has been expanded to consider bans in public spaces more generally, including employment, an area where some of the recent developments have taken place.

Featuring contributions from scholars from across the globe, Routledge Handbook of Public Criminologies is a comprehensive resource that addresses the challenges related to public conversations around crime and policy. In an era of fake news, misguided rhetoric about immigrants and refugees, and efforts to toughen criminal laws, criminologists seeking to engage publicly around crime and policy arguably face an uphill battle. This handbook outlines the foundations of and developments in public criminology, underscoring the need to not only understand earlier ideas and debates, but also how scholars pursue public-facing work through various approaches. The first of its kind, this collection captures diverse and critical perspectives on the practices and challenges of actually doing public criminology. The book presents real-world examples that help readers better understand the nature of public criminological work, as well as the structural and institutional barriers and enablers of engaging wider audiences. Contributors address policies around crime and crime control, media landscapes, and changing political dynamics. In examining attempts to bridge the gaps between scholarship, activism, and outreach, the essays featured here capture important tensions related to inequality and social difference, including the ways in which criminology can be complicit in perpetuating inequitable practices and structures, and how public criminology aims-but sometimes fails-to address them. The depth and breadth of material in the book will appeal to a wide range of academics, students, and practitioners. It is an important resource for early career researchers, more established scholars, and professionals, with accessible content that can also be used in upper-level undergraduate classes.