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Books > Law > Laws of other jurisdictions & general law > Social law > General
The Routledge International Handbook of Perpetrator Studies traces the growth of an important interdisciplinary field, its foundations, key debates and core concerns, as well as highlighting current and emerging issues and approaches and pointing to new directions for enquiry. With a focus on the perpetrators of mass killings, political violence and genocide, the handbook is concerned with a range of issues relating to the figure of the perpetrator, from questions of definition, typology, and conceptual analysis, to the study of motivations and group dynamics to questions of guilt and responsibility, as well as representation and memory politics. Offering an overview of the field, its essential concepts and approaches, this foundational volume presents contemporary perspectives on longstanding debates and recent contributions to the field that significantly expand the theoretical, temporal, political, and geographical discussion of perpetrators and their representation through literature, film, and art. It points to emerging areas and future trends in the field, thus providing scholars with ideas or encouragement for future research activity. As such, It will appeal to scholars across a range of disciplines, including sociology, anthropology, criminology, philosophy, memory studies, psychology, political science, literary studies, film studies, law, cultural studies and visual art.
This book contributes new theoretical insight and in-depth empirical analysis about the relationship between transnational legality, state change and the globalisation of markets. The role of transnational economic law in influencing and reorganising national systems of governance evidences the constitutional dimensions of global capitalism: the power to institute new rules and limits for national states. This form of new constitutionalism does not undermine the state but transforms it by eroding national capacities and implanting global alternatives. While leading scholars in the field have emphasised the much-needed value of case studies, there are no studies available which consider the cumulative impact of multiple axes of transnational legal ordering on the national state or its constitution. This monograph addresses this empirical gap, whilst expanding the theoretical scope of the field. Mongolia's recent transformation as a mineral-exporting country provides a rare opportunity to witness economic and legal globalisation in process. Based on careful empirical analysis of national law and policy-making, the book traces the way distinctive processes of transnational legal ordering have reorganised and reframed the governance of Mongolia's mining sector, specifically by redistributing state power in relation to the market, sub-national administrations and civil society. The book investigates the role of international financial institutions, multinational corporations and non-governmental organisations in normative transmission, as well as the critical role of national actors in embedding transnational investment norms within the domestic legal and policy environment. As the book demonstrates, however, the constitutional ramifications of transnational legal ordering extend beyond the mining regime itself into more fundamental questions of the trajectory of state transformation, institutionally and ideologically. The book will be of interest to scholars of international law, global governance and the political economy of development.
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.
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.
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 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.
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.
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.
Transitional justice seeks to establish a break between the violent past and a peaceful, democratic future, and is based on compelling frameworks of resolution, rupture and transition. Bringing together contributions from the disciplines of law, history and anthropology, this comprehensive volume challenges these frameworks, opening up critical conversations around the concepts of justice and injustice; history and record; and healing, transition and resolution. The authors explore how these concepts operate across time and space, as well as disciplinary boundaries. They examine how transitional justice mechanisms are utilised to resolve complex legacies of violence in ways that are often narrow, partial and incomplete, and reinforce existing relations of power. They also destabilise the sharp distinction between 'before' and 'after' war or conflict that narratives of transition and resolution assume and reproduce. As transitional justice continues to be celebrated and promoted around the globe, this book provides a much-needed reflection on its role and promises. It not only critiques transitional justice frameworks but offers new ways of thinking about questions of violence, conflict, justice and injustice. It was originally published as a special issue of the Australian Feminist Law Journal.
An understanding of law and its efficacy in Latin America demands concepts distinct from the hegemonic notions of "rule of law" which have dominated debates on law, politics and society, and that recognize the diversity of situations and contexts characterizing the region. The Routledge Handbook of Law and Society in Latin America presents cutting-edge analysis of the central theoretical and applied areas of enquiry in socio-legal studies in the region by leading figures in the study of law and society from Latin America, North America and Europe. Contributors argue that scholarship about Latin America has made vital contributions to longstanding and emerging theoretical and methodological debates on the relationship between law and society. Key topics examined include: The gap between law-on-the-books and law in action The implications of legal pluralism and legal globalization The legacies of experiences of transitional justice Emerging forms of socio-legal and political mobilization Debates concerning the relationship between the legal and the illegal. The Routledge Handbook of Law and Society in Latin America sets out new research agendas for cross-disciplinary socio-legal studies and will be of interest to those studying law, sociology of law, comparative Latin American politics, legal anthropology and development studies.
Globalisation, and the vast migrations of capital and labour that have accompanied it in recent decades, has transformed family law in once unimaginable ways. Families have been torn apart and new families have been created. Borders have become more porous, allowing adoptees and mail order brides to join new families and women fleeing domestic violence to escape from old ones. People of different nationalities marry, have children, and divorce, not necessarily in that order. They file suits in their respective home states or third states, demanding support, custody, and property. Otherwise law-abiding parents risk jail in desperate efforts to abduct their own children from foreign ex-spouses. The aim of this Handbook is to provide scholars, postgraduate students, judges, and practioners with a broad but authoritative review of current research in the area of International Family Law. The contributors reflect on a range of jurisdictions and legal traditions and their approaches vary. Each chapter has a distinct subject matter and was written by an author who was invited because of his or her expertise on that subject. This volume provides a valuable contribution to emerging understandings of the subject.
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 analyses the dichotomy between the goal of social inclusion and the effect of social exclusion through over-indebtedness since 2008 in Europe. Filling a vital gap in the current literature on the effects of the financial and economic crisis, this volume puts into context academic discussion with the real-life dimension of over-indebtedness. Reports from six European countries provide socio-economic and legal information on over-indebtedness as well as the regulatory and judicial responses to the problems entailed by over-indebtedness. They form the empirical background for five analyses of different aspects of the inclusion-exclusion dichotomy. It becomes clear that in the context of credit expansion, individual over-indebtedness has turned into a social issue, which the current design of the consumer credit and mortgage system in Europe has helped to produce while disregarding the consequential danger of social exclusion.
Criminality has accompanied social life from the outset. It has appeared at every stage of the development of every community, regardless of organisation, form of government or period in history. This work presents the views of criminologists from Central Europe on the phenomenon of criminality as a component of social and political reality. Despite the far advanced homogenisation of culture and the coming together of the countries that make up the European Union, criminality is not easily captured by statistics and simple comparisons. There can be huge variation not only on crime reporting systems and information on convicts but also on definitions of the same crimes and their formulations in the criminal codes of the individual European countries. This book fills a gap in the English-language criminological literature on the causes and determinants of criminality in Central Europe. Poland, as the largest country in the region, whose political post-war path has been similar to the other countries in this part of Europe, is subject to an exhaustive and original look at criminality as part of the political and social reality. The authors offer a contribution to the debate in the social and criminal policy of the state over the problems of criminality and how to control it.
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.
This book examines the national and international law, human rights and civil liberties issues involved in governments calling out the armed forces to deal with civil unrest or terrorism. The introduction of domestic military powers has become an international trend. Troops already have been seen on the streets in major Western democracies. These developments raise major political, constitutional and related problems. Examining the changes underway in eight comparable countries-the United States, Canada, Britain, France, Italy, Germany, Japan and Australia-this book provides a review and analysis of this trend, including its implications for legal and political rights. The book will be of interest to the general public, as well as students, academics and policy-makers in the areas of human rights and civil liberties, constitutional law, criminal justice and security studies.
Modern international criminal law typically traces its origins to the twentieth-century Nuremberg and Tokyo trials, excluding the slave trade and abolition. Yet, as this book shows, the slave trade and abolition resound in international criminal law in multiple ways. Its central focus lies in a close examination of the often-controversial litigation, in the first part of the nineteenth century, arising from British efforts to capture slave ships, much of it before Mixed Commissions. With archival-based research into this litigation, it explores the legal construction of so-called 'recaptives' (slaves found on board captured slave ships). The book argues that, notwithstanding its promise of freedom, the law actually constructed recaptives restrictively. In particular, it focused on questions of intervention rather than recaptives' rights. At the same time it shows how a critical reading of the archive reveals that recaptives contributed to litigation in important, but hitherto largely unrecognized, ways. The book is, however, not simply a contribution to the history of international law. Efforts to deliver justice through international criminal law continue to face considerable challenges and raise testing questions about the construction - and alternative construction - of victims. By inscribing the recaptive in international criminal legal history, the book offers an original contribution to these contentious issues and a reflection on critical international criminal legal history writing and its accompanying methodological and political choices.
Children who come into conflict with the law are more likely to have experienced violence or adversity than their non-offending peers. Exacerbating the deleterious effects of this childhood trauma, children's contact with the criminal justice system poses undue risks of physical, sexual, and psychological violence. This book examines the specific forms of violence that children experience through their contact with the criminal justice system. Comprising contributions from leading scholars and practitioners in children's rights and youth justice, this book profiles evidence-based prevention strategies and case studies from around the world. It illustrates the diversity of contexts in which various forms of violence against children unfold and advances knowledge about both the nature and extent of violence against children in criminal justice settings, and the specific situational factors that contribute to, or inhibit, the successful implementation of violence prevention strategies. It demonstrates that specialised child justice systems, in which children's rights are upheld, are crucial in preventing the violence inherent to conventional criminal justice regimes. Written in a clear and accessible style, this book will be of interest to students and researchers engaged in studies of criminology and criminal justice, youth justice, victimology, crime prevention, and children's rights.
This book examines the process and purpose of sentencing in the criminal justice system, beyond the confines of its legalistic aspects. Sentencing is the process that concludes any criminal trial that ends with the defendant being convicted, and any hearing in which a defendant pleads guilty. Those convicted of crime have been subject to sentencing as the method of imposing a punishment for their offences since the earliest existence of anything we would recognise as a criminal justice system. Yet the rationale behind sentencing, and the process by which it happens, has long been viewed through a traditional lens. In contrast, this book considers not just the process by which a Judge arrives at a numerical sentence of months in custody or the amount of a fine, but the wider meanings and effects of sentencing, as seen through the lens of various ideas of social justice. The book will appeal to students, academics, and legal practitioners who wish to consider a different perspective on the well-known and well-researched, but often shifting, area of sentencing.
Explores the culture that made military shooter video games popular, and key in understanding the War on Terror No video game genre has been more popular or more lucrative in recent years than the "military shooter." Franchises such as Call of Duty, Battlefield, and those bearing Tom Clancy's name turn over billions of dollars annually by promising to immerse players in historic and near-future battles, converting the reality of contemporary conflicts into playable, experiences. In the aftermath of 9/11, these games transformed a national crisis into fantastic and profitable adventures, where seemingly powerless spectators became solutions to these virtual Wars on Terror. Playing War provides a cultural framework for understanding the popularity of military-themed video games and their significance in the ongoing War on Terror. Matthew Payne examines post-9/11 shooter-style game design as well as gaming strategies to expose how these practices perpetuate and challenge reigning political beliefs about America's military prowess and combat policies. Far from offering simplistic escapist pleasures, these post-9/11 shooters draw on a range of nationalist mythologies, positioning the player as the virtual hero at every level. Through close readings of key games, analyses of marketing materials, and participant observations of the war gaming community, Playing War examines an industry mobilizing anxieties about terrorism and invasion to craft immersive titles that transform international strife into interactive fun.
Mapping Citizen and Participatory Journalism in Newsrooms, Classrooms and Beyond assesses citizen journalism within the context of hyperlocals, non-profits and large global news organizations, critically examining various forms of participation by citizen contributors to the news. The essays included within the book answer questions such as: Does citizen journalism close the news participation gap between the Global North and South? How can citizen journalism enable the socially excluded to overcome marginalization? What are the obligations of professional news outlets to citizen reporters in war zones? Furthermore, some contributors critique the ways traditional journalism makes use of non-professional content, while others propose new analytical frameworks such as reciprocal journalism, connective journalism and the Appropriation/Amplification Model. The book also investigates efforts to teach ordinary people journalism skills in Europe, the Middle East and both North and South America. Some of the programs scrutinized here instill under-represented groups with semi-professional news values. Other projects support citizen journalism infused with activism such as the photographers of the favela-based jornalismo popular or the volunteer digital humanitarians covering global crises and, in doing so, demonstrate new ways to respond to the rise of grassroots participation in the production of news. The chapters in this book were originally published as special issues of Journalism Practice.
Contributing to a rethink of Public Service Media, this book combines theoretical insights and legal frameworks with practice, examining theory and policy development in a bottom-up manner. It explores the practices of Public Service Media across Europe, assessing the rules that govern Public Service Media at both the EU and the National Member State level, identifying common trends, initiated by both the European Commission and individual countries, illustrating the context-dependent development of Public Service Media and challenging the theories of Public Service Broadcasting which have developed an ideal-type public broadcaster based on the well-funded BBC in an atypical media market. Seeking to further explore the actual practices of Public Service Media and make recommendations for the development of more sustainable policies, this book offers case studies of rules and practices from across a variety of EU Member States to consider the extent to which public broadcasters are making the transition to public media organisations, and how public broadcasters and governments are shaping Public Service Media together. This book is a must-read for all scholars who take an interest in Public Service Media, media policy and media systems literature at large. It will also be of interest to practitioners working in government, Public Service Media and commercial media.
In this new textbook, social media professor Jeremy Lipschultz introduces students to the study of social media law and ethics, integrating legal concepts and ethical theories. The book explores free expression, as it applies to students, media industry professionals, content creators and audience members. Key issues and practices covered include copyright law, data privacy, revenge porn, defamation, government censorship, social media platform rules, and employer policies. Research techniques are also used to suggest future trends in social media law and ethics. Touching on themes and topics of significant contemporary relevance, this accessible textbook can be used in standalone law and ethics courses, as well as emerging social media courses that are disrupting traditional public relations, advertising and journalism curricula. Case studies, discussion questions, and online resources help students engage with the complexities and ambiguities of this future-oriented area of media law, making it an ideal textbook for students of media law, policy and ethics, mass media, and communication studies.
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.
On these pages is a call to action for teachers who have been shackled by the self-serving motives of agenda driven politicians. Here we present a new innovative process designed to prepare children to be productive members of their community. Students are empowered to take charge of their educational lives where thinking is valued above obedience, and their parents are respected as full partners in the process. The greatest challenge to educators in this decade is to prepare children to rise above the confirmation bias and embrace critical thinking. In this day of continuous propaganda from many directions, everything requires in depth thinking, research and processing. Change won't come from the top! The time has come to go underground to subvert the system from the bottom up. We infuse creative ideas while providing a pattern for systemic change that empowers teachers allowing them to take back their profession. Teachers are the saviors who are in the position to expand children's minds to the stars and beyond, giving them hope that they will make the world a better place. It is time to take a risk for children by subverting the system with the goal of true, whole child education. |
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