Legacies of State Violence and Transitional Justice in Latin America presents a nuanced and evidence-based discussion of both the acceptance and co-optation of the transitional justice framework and its potential abuses in the context of the struggle to keep the memory of the past alive and hold perpetrators accountable within Latin America and beyond. The contributors argue that "transitional justice"-understood as both a conceptual framework shaping discourses and a set of political practices-is a Janus-faced paradigm. Historically it has not always advanced but often hindered attempts to achieve historical memory and seek truth and justice. This raises the vital question: what other theoretical frameworks can best capture legacies of human rights crimes? Providing a historical view of current developments in Latin America's reckoning processes, Legacies of State Violence and Transitional Justice in Latin America reflects on the meaning of the paradigm's reception: what are the broader political and social consequences of supporting, appropriating, or rejecting the transitional justice paradigm?

A great resource both for new law students and for more established law students looking to develop their skills; The new author team have thoroughly revised the book, with a streamlined structure, new 'how to use this book' section and glossary of terms, and a host of additional tables, flowcharts, figures, charts, screenshots, outline boxes and online source links.

This book theorizes illiberal constitutionalism by interrogation of the Rule of Law, democratic deterioration, and the misuse of the language and relativization of human rights protection, and its widespread emotional and value-oriented effect on the population. The work consists of seven Parts. Part I outlines the volume's ambitions and provides an introduction. Part II discusses the theoretical framework and clarifies the terminology adopted in the book. Part III provides an in-depth insight into the constitutional identity of Poles and Hungarians and argues that an unbalanced constitutional identity has been moulded throughout Polish and Hungarian history in which emotional traits of collective victimhood and collective narcissism, and a longing for a charismatic leader have been evident. Part IV focuses on the emergence of illiberal constitutionalism, and, based on both quantitative and qualitative analyses, argues that illiberal constitutionalism is neither modern authoritarianism nor authoritarian constitutionalism. This Part contextualizes the issue by putting the deterioration of the Rule of Law into a European perspective. Part V explores the legal nature of illiberal legality when it is at odds and in compliance with the European Rule of Law, illiberal democracy, focusing on electoral democracy and legislative processes, and illiberalization of human rights. Part VI investigates whether there is a clear pattern in the methods of remodeling, or distancing from constitutional democracy, how it started, consolidated, and how its results are maintained. The final Part presents the author's conclusions and looks to the future. The book will be an invaluable resource for scholars, academics and policy-makers interested in Constitutional Law and Politics.

This book engages with a critical perspective on gender equality and quality of life. It provides a comprehensive overview of theoretical and methodological frameworks for exploring both concepts which is complemented by the analysis of gender equality policies in Poland and Norway. With contributors from sociology to history and health studies, it draws on a wide range of examples to examine a multidimensional concept underpinning policy commitments and actions in areas such as family, labour market, health, reproductive rights or participation in political life. "This is not only an expertly written and interesting book, but also a particularly current one in the light of the Europe-wide socio-political changes that affect both Poland and Norway." Prof. Malgorzata Fuszara (University of Warsaw)

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.

This book deals with some aspects of the future shape of the socio-economic order which would be founded on sustainability principles and the role of law therein, instead of on the prevailing capitalist economic order. The volume elaborates in particular on how innovation, a crucial aspect of free-market capitalism and its laws which constitute the current socio-economic order, could result in a more sustainable economy which, in turn, could lead to a more sustainable society. Moreover, the book analyses current developments in financial and economic law and evaluates their perks, risks and sustainability levels.The book contains no less than 11 chapters in which a variety of experts share their state-of-the-art insights regarding specific domains of socio-economic life. As such, the book deals with topics that are at present fully under debate in societies, such as student credit and the dangers it entails, crypto currencies and how the law tries to regulate this basically private law instrument, groups of companies under Belgian (company) law, a proposal for improving the international monetary system, and seeds and intellectual property rights, besides various other similar themes. The book forms the latest volume of the book series Economic and Financial Law & Policy - Shifting Insights & Values, and fully complies with the series' goal of critically exa mining the legal methods and mechanisms that shape the global free markets and proposing alternatives to them. The book will hereby prove a valuable instru ment for all researchers investigating these matters, besides policymakers and their ad visers as well as all lawyers active in the field of economic law who look for a new per spective on the subject matters dealt with.

This title was first published in 2000: The author is a legal and moral philosopher who has applied the insight and methods of Wittgenstein to a range of topics in constitutional law, criminal law and theories of justice. This collection aims to offer his most important and influential essays, together with an introductory essay which reviews and develops his contribution to legal and moral philosophy.

The European Sovereign Debt Crisis: Breaking the Vicious Circle between Sovereigns and Banks explains why the euro area's progress towards reining in the risks arising from the well-documented bi-directional financial contagion transmission mechanism that links sovereigns to commercial banks has been more prominent compared to the channel of contagion moving from banks to sovereigns. Providing an analysis of the legal and regulatory measures that Europe and the euro area have taken to mitigate the exposure of sovereigns to financial crises generated by commercial banks, this book draws attention to areas where improvements to the arsenal of tools hitherto introduced are either desirable or necessary. Chapters further explain - with recourse to economic and legal arguments - why the channel of contagion moving from sovereigns to commercial banks has proven harder to close, and explores ways in which progress could be made in the direction of closing it so as to avert the risk of future banking sector crises. This work provides essential reading for students, researchers and practitioners with an interest in sovereign debt crises and the euro-area banking system.

Traces a contemporary issue in international politics (Antisemitism) that preoccupies policymakers across western nations. Breaks new scholarly ground by capturing three branches of scholarship in the securitization dilemma concept - ontological security, securitization of identity, and legitimacy - all together in one book. Provides a comprehensive analysis of Israel's response to delegitimization efforts against it, using both a historical and contemporary analysis of Israeli/Zionist policy making.

This volume presents a systematic collection of the various international legal sources that define the rights of religious minorities. In a time of increasing tensions around religious minorities, this volume presents a systematic collection of international and European documents on the protection and promotion of religious minorities' rights. The code includes documents from the United Nations, the Council of Europe, the Organization for Security and Cooperation in Europe and the European Union. An index system connects the various sources and norms, and emphasizes the strengths and the weaknesses in the legal frameworks of international and European institutions. While allowing for further research on the historical and conceptual development in the area, the code provides the reader with a new, easily accessible tool facilitating experts and actors who wish to improve the knowledge and protection of religious minorities. This book will be an invaluable resource for students, academics and researchers interested in law and religion, international law, public law and human rights law, the code is also a powerful tool for minorities themselves, and for advocates of their rights.

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.

This book takes an innovative approach to provide a mirror perspective of the legal systems of the UK and the EU in contemporary institutional scenarios. At the beginning of the second decade of the 21st century, the legal systems of the EU and the UK are facing challenges of epic proportions. Never before have the two legal orders been confronted with the simultaneous impact of a series of events. First, the effect of the "divorce" between the two regulatory systems caused by the UK's withdrawal from the EU. The Negotiating Documents and the Draft Texts being discussed and aimed at leading to a `New Partnership' are examined in the book. Second, the book discusses the impact of the coronavirus shock in all European economies leading to a substantial change of political perspective in the EU legal order implying innovative debt instruments. Third, it explores the consequences of the judicial activism of the German Constitutional Court undermining the strategic role of the European Central Bank and the primacy of the European Union Court of Justice. The book questions the effects deriving from the legacy, i.e. the foundations of the two legal systems, on handling the issues of our time, the impact on market regulation of the striking contemporary events and the unsettled consequences on policy of the current convulsing political and financial landscape. The book will be essential reading for those working in the areas of European public regulatory law.

This innovative and thought-provoking Research Handbook explores not only current debates in the area of gender, sexuality and the law but also points the way for future socio-legal research and scholarship. It presents wide-ranging insights and debates from across the globe, including Africa, Asia, Eastern Europe and Australia, with contributions from leading scholars and activists alongside exciting emergent voices. Chapters address a range of current arguments and issues, providing an enhanced theoretical framework and evolving understanding from a variety of feminist and queer perspectives. Relationship recognition debates and LGBT activism and scholarship are examined and discussed, as well as questions around bodily autonomy, kink identities, pornography and healthcare access rights. Research exploring the lived experiences of people facing challenges such as domestic violence, asylum, femicide and hate crime is also assessed. This Research Handbook will be an invaluable resource for researchers and students in the fields of law, sexuality and gender, as well as family studies, sociology, media and cultural studies, and medicine. Activists will also benefit from its scholarly insight into key policy debates and future strategy. Contributors include: L. Adler, C. Ashford, R. Auchmuty, A.A. Baboolal, R. Barberet, J. Cabrera, R. Collier, S. Cowan, T. Crofts, M. Duggan, P. Dunne, A. Dymock, S. Falcetta, D. Fenwick, H. Fenwick, S. Ferris, S. Gloppen, R. Harding, R. Hewer, A.C. Infanti, P. Johnson, M. Judge, U. Khan, C. Kitzinger, A. Kondakov, K. Lalor, T. Liu, A. Maine, C. McGlynn, M.F. Moscati, T. Mundy, A. Powell, L. Rakner, F. Renz, J.M. Scherpe, A. Schuster, S.M. Schuster, N. Seuffert, F. Simkiss, B. Simpson, D. Smythe, E. Tascioglu, F. Vera-Gray, M. Weait, S. Whittle, S. Wilkinson, G. Zago

This collection brings together a carefully curated selection of researchers from law, sociology, anthropology, philosophy, history, social ontology and international relations, in order to examine how law and custom interact within specific material and spatial contexts. Normativity develops within these contexts, while also shaping them. This complex relationship exists within all physical places from traditional agrarian spaces to the modern shifting post-industrial workplace. The contributions gathered together in this volume explore numerous examples of such spaces from different disciplinary perspectives to interrogate the dynamic relationship between custom and law, and the material spaces they inhabit. While there are a dynamic series of conclusions regarding this relationship in different material realities, a common theme is pursued throughout: a proper understanding of law and custom stems from their material locatedness within the power dynamics of particular spaces, which, in turn, are reflexively shaped by that same normativity. The book thus generates an account of the locatedness of law and custom, and, indeed, of custom as a source of law. In this way, it provides a series of linked explorations of normative spaces, but, more fundamentally, it also furnishes a cross-disciplinary toolkit of concepts and critical tools for understanding law and custom, and their relationship. As the diversity of the contributors indicates, this book will be of great interest to legal theorists of different traditions, also legal historians and anthropologists, as well as sociologists, historians, geographers and developmental economists.

In response to the outbreak of the COVID-19 pandemic, governments and international institutions took steps to contain the harmful consequences on citizens' lives and health, as well as the economy. In the short term, the goal was to limit the spread of the virus and the effects of the restrictions on the economy and, in the longer run, to prevent the appearance of new cases, facilitate the end of social restrictions, reboot the economy, and return to a path of sustainable growth and development. This is an economic and legal exploration of the impact of the pandemic, in the Polish context, examining Polish society and the economy as well as the response of the Polish authorities to the pandemic. The choice of Poland as the subject of the research is justified by its specificity. On the one hand, Poland is a country undergoing systemic transformation with access to European and transatlantic institutions. On the other hand, in recent years, it has evolved towards a hybrid democracy and is currently diverging away from the EU project. The book presents Poland's legal and institutional response to the pandemic, analysed through the prism of common European values and Poland's international commitments. It signposts the financial solutions adopted by the EU in the aftermath of the outbreak to assess how they will be used in combatting the short and longer-term consequences of the pandemic in Poland. The book is an introduction to original research, shaped by the novelty of the subject matter, and as such, will be essential reading for students and researchers of economics, law, and international relations.

More Disputes and Differences: Essays on the History of Arbitration and its Continuing Relevance, is the last volume worked on by Derek Roebuck, though not quite completed before his death in 2020. It has, therefore, been prepared for publication by his widow, and sometimes co-author, women's historian Susanna Hoe. It comprises articles, lectures and chapters dating from his 2010 volume Disputes and Differences: Comparisons in Law, Language and History. But, whereas the chapters of that earlier, thematic work were quite disparate, this book, particularly in part 1, 'The Past', encompasses the history of arbitration and mediation from prehistory to the early nineteenth century. What makes this volume particularly interesting is that it is possible, as chapter follows chapter, to deduce which of Derek Roebuck's multi-volume histories he was working on at the time, and what other works he was reading or hearing then. This is illustrated by the last essay in Part 1 - 'A Pinch of Reality: Private Dispute Resolution in 18th Century England (2019)'. Part 2 - 'Past, Present and Future' (2013) - starts with 'The Future of Arbitration' (2013) which embodies just that, ending with 'Keeping an Eye on Fundamentals' (2012). Part 3 - 'Language, Research and Comparison', features works that bow to the author's particular interests and their connection to arbitration and its history. And he had a rule that, where possible, he would suggest what research still needed to be done, hence 'ADR in Business: Topics for Research' (2012). The final chapter - 'Return to that Other Country: Legal History and Comparative Law' (2019) - one of the last pieces written, says it all.

In The Beautiful Prison incarcerated Americans and prison critics seek to imagine the prison as something better than a machinery of suffering. From personal testimony to theoretical meditation these writers explore and confront the practical and cultural limits the prison places on its transformation into a socially constructive institution. Long-term prisoner Kenneth E. Hartman engages the reader in his struggle to find beauty inside the increasingly bleak and sterile confines of the California Department of Corrections. Chuck Jackson releases his imagination on Houston's notorious Harris County Jail to envision a jailhouse transformed into a university, community, and arts center. Between the grip of the CDC and utopian vision, Leder, Ginsburg, Pinkert, and Brown report on their practical and theoretical work to understand what the prison has been and might be. The Beautiful Prison suggests that any passage from 'ugly prisons' into institutions serving the greater good will only be possible when the will and intellectual capital of their inhabitants are met by free-world critics ready to challenge assumptions of the prison acting solely as an apparatus of punishment.

COVID-19 has changed not only human lives since the beginning of the year 2020, but systems of human society as well. Legal measures have been employed in every country to mandate the state's control of human behavior in order to stop the pandemic. But the mode of legal control has differed by country, showing different results in terms of constraining the spread of infection. While the behavioral restrictions continue, the socio-economic impacts of the pandemic have been causing another catastrophe, particularly in the most vulnerable sectors of each society. Small and medium-sized enterprises (SMEs) are typical representatives of such vulnerable groups, compelled to assume the economic burdens of the pandemic that have been shifted from the larger economic actors that hold the advantage in contractual negotiations. Statistical data on infection status have revealed a great gap between countries, such as European nations reaching the level of several thousand deaths per one hundred thousand population, while most Asian countries have maintained a level of one or two digits. Even though COVID-19 affects the whole world, the redistribution of risks in the pandemic is a goal to be pursued in the socio-cultural context of each society. This book explores the law and social changes in Asian countries under the impact of COVID-19, with a particular focus on the social relations surrounding the SMEs. These form the center of contractual relations between various socio-economic actors and at the same time, are a direct counterpart of the governmental SME policies, peculiar to Asian interventionist governments. A comparative approach is taken, using the results of interview surveys based on structured questions conducted via research collaboration between the contributors from Japan as well as other Asian countries. A comparative analysis of the risk redistribution in the pandemic between countries that share similar preconditions is still possible and meaningful. The authors of this book hold the view that Asian countries have sufficient bases for international comparison, particularly on the risk reallocation in the SME sector, given the relatively well-controlled level of infection, presumably due to the similarity of cooperative social culture. Another basis for comparison is the similarity of the laws surrounding the business operation of SMEs since normal times, which makes it feasible to compare the difference in the pandemic. What risks should be reallocated between whom, and how?

Analysing how Indigenous Peoples come to be identifiable as bearers of human rights, this book considers how individuals and communities claim the right of free, prior and informed consent (FPIC) as Indigenous peoples. The basic notion of FPIC is that states should seek Indigenous peoples' consent before taking actions that will have an impact on them, their territories or their livelihoods. FPIC is an important development for Indigenous peoples, their advocates and supporters because one might assume that, where states recognize it, Indigenous peoples will have the ability to control how non-Indigenous laws and actions will affect them. But who exactly are the Indigenous peoples that are the subjects of this discourse? This book argues that the subject status of Indigenous peoples emerged out of international law in the late 1970s and early 1980s. Then, through a series of case studies, it considers how self-identifying Indigenous peoples, scholars, UN institutions and non-government organizations (NGOs) dispersed that subject-status and associated rights discourse through international and national legal contexts. It shows that those who claim international human rights as Indigenous peoples performatively become identifiable subjects of international law - but further demonstrates that this does not, however, provide them with control over, or emancipation from, a state-based legal system. Maintaining that the discourse on Indigenous peoples and international law itself needs to be theoretically and critically re-appraised, this book problematises the subject-status of those who claim Indigenous peoples' rights and the role of scholars, institutions, NGOs and others in producing that subject-status. Squarely addressing the limitations of international human rights law, it nevertheless goes on to provide a conceptual framework for rethinking the promise and power of Indigenous peoples' rights. Original and sophisticated, the book will appeal to scholars, activists and lawyers involved with indigenous rights, as well as those with more general interests in the operation of international law.

This book analyses the development of anti-corruption as a policy field in the European Union with a particular focus on the EU Anti-Corruption Report. It reconstructs the origins of anti-corruption policy in the 1990s when the EU started to recognise corruption as a serious crime with a cross-border dimension. It also analyses the processes surrounding the downfall of the Santer Commission on charges of corruption in 1999 and the enlargement of the EU. This incorporation of transitional new Member States was accompanied by a number of specific measures, instruments and monitoring mechanisms to combat corruption at the supranational level, finally leading to the introduction of the EU-wide Anti-Corruption Report in 2014. The book presents an in-depth analysis of its implementation, abandonment and the way forward under the European Semester as the new instrument for achieving EU anti-corruption reforms. It offers a new interpretation of the Report as a form of reflexive governance that operates at multiple levels and involves not only the European institutions and national governments, but also the role of civil society actors in the process of developing anti-corruption policy. It applies the theory of reflexive governance in analysing the impact of the Report in the UK, Romania and Albania, including the involvement of non-state actors in anti-corruption policy making in these countries. The book concludes with a discussion on how future EU Anti-Corruption policy can make use of reflexive governance and offers recommendations to enhance anti-corruption policies of the EU, the Member States and Candidate States.

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.

Applying a legal pluralist framework, this study examines the complex interrelationships between religion, law and politics in contemporary Ghana, a professedly secular State characterised by high levels of religiosity. It aims to explore legal, cultural and moral tensions created by overlapping loci of authority (state actors, traditional leaders and religious functionaries). It contends that religion can function as an impediment to Ghana's secularity and also serve as an integral tool for realising the State's legal ideals and meeting international human rights standards. Using three case studies - legal tensions, child witchcraft accusations and same-sex partnerships - the study illustrates the ways that the entangled and complicated connections between religion and law compound Ghana's secular orientation. It suggests that legal pluralism is not a mere analytical framework for describing tensions, but ought to be seen as part of the solution. The study contributes to advancing knowledge in the area of the interrelationships between religion and law in contemporary African public domain. This book will be a valuable resource for those working in the areas of Law and Religion, Religious Studies, African Studies, Political Science, Legal Anthropology and Socio-legal Studies.

Drawing on data from a Europe wide project, together with existing data on equality and diversity initiatives, this book explores the work of trade unions in supporting equality and anti-discrimination policies across Europe and, in particular, the processes and collaborations involved in incorporating equality and diversity policies into trade union agendas. It considers theoretical issues of equality and diversity, the role of EU legislation, multiple discrimination and exclusion and disadvantage in the labour market in relation to the role of trade unions, and addresses central questions about the actions and challenges faced by trade unions in promoting equality in the workplace and in implementing anti-discrimination policies at local, national and European levels. With research spanning 34 European countries and extending to over 250 interviews and 15 case studies, Workplace Equality in Europe examines the impact of a period of economic crisis on workplace diversity, exploring forms of inter-union cooperation at European and international levels and shedding fresh light on the processes that lead some trade unions to adopt equality policies while others remain reluctant to develop or expand policies in this area. A detailed European study of trade union activity and workplace diversity, this book will be of interest to scholars of the sociology of work and organisations, labour relations and workplace diversity.

This volume provides an authoritative, cutting-edge resource on the characteristics of both technological and social change in warfare in the twenty-first century, and the challenges such change presents to international law. The character of contemporary warfare has recently undergone significant transformation in several important respects: the nature of the actors, the changing technological capabilities available to them, and the sites and spaces in which war is fought. These changes have augmented the phenomenon of non-obvious warfare, making understanding warfare one of the key challenges. Such developments have been accompanied by significant flux and uncertainty in the international legal sphere. This handbook brings together a unique blend of expertise, combining scholars and practitioners in science and technology, international law, strategy and policy, in order properly to understand and identify the chief characteristics and features of a range of innovative developments, means and processes in the context of obvious and non-obvious warfare. The handbook has six thematic sections: Law, war and technology Cyber warfare Autonomy, robotics and drones Synthetic biology New frontiers International perspectives. This interdisciplinary blend and the novel, rich and insightful contribution that it makes across various fields will make this volume a crucial research tool and guide for practitioners, scholars and students of war studies, security studies, technology and design, ethics, international relations and international law.

Much has been written on specific religious legal systems, yet substantial comparative studies that strive to compare systems, identifying their analogies and differences, have been relatively few. This absence undermines the capacity to understand religions and becomes particularly serious when the faithful of these religions live together in the same geographical space, as happens today with increasing frequency. Both interreligious dialogue and dialogue between States and religions presuppose a set of data and information that only comparative research can provide. This book seeks to address this gap in the literature by presenting a comparative analysis of Christian, Jewish, Islamic and Hindu laws and traditions. Divided into five parts, the first part of the book offers the historical background for the legal analysis that is developed in the subsequent parts. Part II deals with the sources of law in the four religions under discussion. Part III addresses the dynamics of belonging and status, and Part IV looks at issues relating to the conclusion of marriage and its dissolution. The fifth and final part discusses how each religion views the legal other. Each part concludes with exploring what we can learn from a comparative examination of the topic that is dealt with in that part. Written by leading experts in the field, this book presents a clear and comprehensive picture of key religious legal systems along with a substantial bibliography. It provides a state of the art overview of scholarship in this area accompanied by a critical evaluation. As such, it will be an invaluable resource for all those concerned with religious legal systems, multiculturalism and comparative law.