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Books > Law > Laws of other jurisdictions & general law > Social law > General
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).
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.
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.
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.
While the vast majority of criminal and civil lawyers must at some
time come into contact with a forensic mental health evaluation,
either when requested by their side or by opposing counsel, most do
not know enough about the practice to be informed consumers.
Forensic assessments can vary widely based on the assessor's
personal preferences, and while there are clearly defined "best
practices" for most evaluations, there is no official process by
which legal professionals can guarantee these practices are being
followed.
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.
A major revision of the landmark book on expert testimony Feder's Succeeding as an Expert Witness, Successful Expert Testimony, Fifth Edition highlights the book's value to both attorneys and expert witnesses in promoting effective, impactful courtroom testimony. The book outlines the role of expert testimony in a trial, including explanations of methods, testing, and science, the legal process, and an overview of the roles of each player. Succeeding as an expert witness requires a basic understanding of who and what experts are and what role they play in rendering their opinions within the courts. The new edition has been fully updated to present key information on the most vital topics, including the deposition, a discussion of false or unsupported testimony, adherence to scientific principles, and direct and cross-examination testimony of expert witnesses. Each chapter includes key terms, review questions, and thought-provoking discussion questions for further consideration of the topics addressed. Given many high profile cases and increasing incidents of misconduct, this edition focuses heavily on the role of ethics in expert testimony and forensic practice. The full revised chapter on ethics, covers unethical conduct of forensic witnesses, admissibility of expert testimony, inter-professional relations, abuse of and by experts, and forensic professional codes of ethics. Offering useful career insights and established trial-tested tips, forensic scientist Max M. Houck and attorney Christine Funk update renowned lawyer Harold A. Feder's classic book. Successful Expert Testimony, Fifth Edition serves as an ideal reference for forensic science students entering the work force-in labs and investigative positions-in addition to serving as a crucial resource for more experienced civil, private, and testifying experts in all disciplines.
This book assesses the role of social justice in legal scholarship and its potential future development by focusing upon the 'leading works' of the discipline. The rise of socio-legal studies over recent decades has led to a more interdisciplinary approach to the study of law, which prioritises placing law into its wider social context. Recognising the role that culture, economics and politics play in the development of law is important in order to fully understand the position and impact of law in society. Innovative and written in an engaging way, this collection includes leading and emerging scholars from across the world. Each contributor has been invited to select and analyse a 'leading work', a publication which has for them shed light on the way that law and social justice are interlinked and has influenced their own understanding, scholarship, advocacy, and, in some instances, activism. The book also includes a specially written foreword and afterword, which critically reflect upon the contributions of the 'leading works' to consider the role that social justice has played in law and legal education and the likely future path for social justice in legal scholarship. This book will be an essential resource for all those working in the areas of social justice, socio-legal studies and legal philosophy. It will be of wider interest to the social sciences more generally.
This new edition of the landmark text Law and Society exposes readers to the dominant theoretical perspectives and sociological methods that are used to explain the interplay between law and society. This twelfth edition continues to preserve Professor Vago's voice, while Steven E. Barkan's use of chapter outlines and summaries, learning objectives, key terms, and additional readings maintains the text's accessibility for today's readers. The book's foundational approach is brought fully up-to-date with current events and new studies throughout that illustrate how legal forces shape and influence society, and vice versa. These additions include: Updated data on trial and conviction data in federal district courts Updated data on sexual harassment of attorneys and new data on representation of women and people of color among law school faculty New discussions of legal issues arising from the Covid-19 pandemic. The twelfth edition of Law and Society is a cornerstone companion for one-semester undergraduate courses in Law and Society, Sociology of Law, and Introduction to Law offered within departments of Sociology, Criminal Justice, and Political Science.
Delivers knowledge critical to understanding the multidimensional aspects of working with varied populations with disabilities.This is the only introduction to disability book with an interdisciplinary perspective that offers cross-disability and intersectionality coverage, as well as a special emphasis on many unique populations. Comprehensive and reader-friendly, it provides current, evidence-based knowledge on the key principles and practice of disability, while addressing advocacy, the disability rights movement, disability legislation, public policy, and law. Focusing on significant trends, the book provides coverage on persistent and emerging avenues in disability studies that are anticipated to impact a growing proportion of individuals in need of disability services. Woven throughout is an emphasis on psychosocial adaptation to disability supported by case studies and field-based experiential exercises. The text addresses the roles and functions of disability service providers. It also examines ethics in service delivery, credentialing, career paths, cultural competency, poverty, infectious diseases, and family and lifespan perspectives. Reinforcing the need for an interdisciplinary stance, each chapter discusses how varied disciplines work together to provide services addressing the whole person. Active learning is promoted through discussion boxes, self-check questions, and learning exercises. Faculty support includes PowerPoints, model syllabi, test bank, and instructor manual. Purchase includes digital access for use on most mobile devices or computers. Key Features: Provides readers with key knowledge and skills needed to effectively practice in multidisciplinary settings Offers interdisciplinary perspectives on conceptualization, assessment, and intervention across a broad range of disabilities and client populations Underscores the intersectionality of disability to correspond with trends in education focusing on social justice and underrepresented populations Includes research and discussion boxes citing current research activities and excerpts from noted experts in various human service disciplines Promotes active learning with discussion boxes, multiple-choice questions, case studies with discussion questions, and field-based experiential exercises Includes instructor manual, sample syllabi, PowerPoint slides, and test bank Identifies key references at the end of chapters and provides resources for additional information Purchase includes digital access for use on most mobile devices or computers.
This book examines the risks to freedom of expression, particularly in relation to the internet, as a result of regulation introduced in response to terrorist threats. The work explores the challenges of maintaining security in the fight against traditional terrorism while protecting fundamental freedoms, particularly online freedom of expression. The topics discussed include the clash between freedom of speech and national security; the multijurisdictional nature of the internet and the implications for national sovereignty and transnational legal structures; how to determine legitimate and illegitimate association online; and the implications for privacy and data protection. The book presents a theoretical analysis combined with empirical research to demonstrate the difficulty of combatting internet use by terror organizations or individuals and the range of remedies that might be drawn from national and international law. The work will be essential reading for students, researchers and policy makers in the areas of Constitutional law; Criminal Law, European and International law, Information and Technology law and Security Studies.
First published in 2006, this book brings together some of the most innovative and important research on civil rights law and legality, this book draws on narratives of individuals from a variety of contexts to provide a rich and contextualized understanding of what happens when law interacts with other competing systems or forms of social organization. By privileging the real world experiences of those most influenced by rights, the collection moves beyond the traditional polarizing debates and presents a constitutive approach to rights that is not reducible to a simple 'for or against' rights formula. While this complex consciousness approach often contributes to the reproduction of dominant-subordinate social relations, it also allows for spaces of resisting existing hierarchical structures embedded in various law-related sites.
This book addresses the use and regulation of traditional drugs such as peyote, ayahuasca, coca leaf, cannabis, khat and Salvia divinorum. The uses of these substances can often be found at the intersection of diverse areas of life, including politics, medicine, shamanism, religion, aesthetics, knowledge transmission, socialization, and celebration. The collection analyzes how some of these psychoactive plants have been progressively incorporated and regulated in developed Western societies by both national legislation and by the United Nations Drug Conventions. It focuses mainly, but not only, on the debates in court cases around the world involving the claim of religious use and the legal definitions of "religion." It further touches upon issues of human rights and cognitive liberty as they relate to the consumption of drugs. While this collection emphasizes certain uses of psychoactive substances in different cultures and historical periods, it is also useful for thinking about the consumption of drugs in general in contemporary societies. The cultural and informal controls discussed here represent alternatives to the current merely prohibitionist policies, which are linked to the spread of illicit and violent markets. By addressing the disputes involved in the regulation of traditional drug use, this volume reflects on notions such as origin, place, authenticity, and tradition, thereby relating drug policy to broader social science debates. |
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