Penal Abolitionism and Transformative Justice in Brazil discusses how penal abolitionism provides fundamental theoretical bases and practical references for the construction of a transformative justice in Brazil, supporting the claim that justice is a socially constructed conception and that victims do not unanimously stand for punishment. The book explores how the active participation of the protagonists of a conflict in a face-to-face negotiation of symbolic reparation, can produce a sense of justice without the need to punish or impose suffering on anyone. Mapping the ways that restorative justice in Brazil has distanced itself from the potential of transformative justice, to the extent that it fails to politicize the conflict and give voice to victims, the book shows how it has resulted in becoming just a new version of penal alternatives with correctionalist content. Moving away from traditional criminal justice language and also from conservative approaches to restorative justice, the author argues that the communicative potential of the transformative kind of redress can be dissociated from the unproved assumption that legal punishment is essential or even likely to achieve justice or deterrence. The arguments are grounded in the Brazilian reality, where life is marked by deep social inequalities and a high level of police violence. By providing a review of the literature on restorative justice, transformative justice, and abolitionism, the book contextualizes the abolitionist debate in Brazil and its history in the 19th century. Penal Abolitionism and Transformative Justice in Brazil is important reading for students and scholars who study punishment and penal abolitionism, to think about what it is possible to do in societies so deeply marked by social injustice and a history of oppression.

In-depth study of the origins and the trajectories of the law governing social policies in the Global South: Brazil, China, India, and South Africa. Adds a new dimension to the existing accounts on welfare state building which, so far, are dominated by European narratives and by scholars with a background in sociology, political science, and development studies. Will be of interest to scholars and students as well as political actors in the fields of comparative and international social security law, human rights law, comparative constitutional law, constitutional history, law and development studies, comparative social policies, global social policies, social work, and welfare state theory.

This book examines the concept of witness protection which is still at an early developmental stage in several African countries including Nigeria, from a legal and institutional perspective. Recent developments in Nigeria highlight the need to clarify legal and conceptual issues within the existing legal framework for protecting witnesses. Using the Nigerian case study, the book illustrates some obscurities inherent in the concept of witness protection. These are highlighted around five critical areas: the definition of witness protection; the scope of beneficiaries requiring protection; the nature of crimes necessitating protection; the nature of protective measures; and the administrative control of witness protection. Specifically, this book draws from the existing literature and practices of witness protection and adopts two distinct perspectives: the criminal justice perspectives and human rights perspectives as heuristic tools for analysing the concept and to separate the disparate influences that shape how it is construed. These distinctions are utilised throughout the book as an integrated way of conceptualising the concept of witness protection. By discussing the practice of witness protection within the Nigerian context, the book contributes to African conversations on the topic of witness protection. The clarifications made in this book are utilised in making normative proposals for developing a legal framework for witness protection in Nigeria. They are also useful for other African countries interested in developing a witness protection framework as part of criminal justice reform. This book will serve as a reference point for legal scholars, researchers, academics, (postgraduate) students and policy makers interested in the concept of witness protection. It would also be useful for courses 'concerned with comparative criminology where there is an interest in developments in the Global South.'

This book offers a comprehensive examination of spatial and environmental governance in contemporary Bali. In the era of decentralisation, Bali's eight district governments and one municipality acquired a strong sense of authority to extract revenues from within their territorial borders while disregarding the impacts beyond them which has exacerbated environmental, cultural and institutional issues. These issues are addressed through reorganising space. In reality, however, such re-organisation has predominantly been in order to provide space for tourism investments and market expansion. The outcomes of reorganising space are in fact shaped by the dynamics of power that interface with increasingly complex legal and institutional structures. These complex structures provide more arenas for vested interests to manoeuvre, but at the same time provide different forms of legitimacy for local forces to challenge the dominant process. The book demonstrates the mechanisms through which social actors mobilise legal-institutional arrangements to advance their interests.

This book presents valuable and recent lessons learned regarding the links between natural resources management, from a Socio-Ecological perspective, and the biodiversity conservation in Mexico. It address the political and social aspects, as well as the biological and ecological factors, involved in natural resources management and their impacts on biodiversity conservation. It is a useful resource for researchers and professionals around the globe, but especially those in Latin American countries, which are grappling with the same Bio-Cultural heritage conservation issues.

This research book is the first of its kind to conduct an interdisciplinary research on the recent and dramatic developments in China's music industries with a particular focus on business models, copyright protection, and artist compensation. The monograph explores and discusses proper business models through which revenue can be generated and maintained in a changing copyright climate and transforming business environment. It also discusses how musicians can be fairly compensated in the online platform economy informed by social entrepreneurship. This book is distinctive in the sense that it explores the intersection of cultural and creative industries, legal studies, business studies, and new media. It uses a qualitative and mixed-method approach to study business innovations and institutions in the making in the second largest economy which is also gaining cultural and political significance around the world.

This book, exploring the theoretical and practical implications of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), brings together an international and interdisciplinary group of leading researchers in the areas of philosophy of disability, disability law, and disability policy. It addresses both the philosophical foundations of the CRPD as well as complex contemporary legal and policy debates. With a comprehensive introduction outlining key milestones in the development and implementation of the CRPD, the book addresses the most fundamental questions the CRPD raises for the way we think about human rights, law, and disability, and how we operationalize rights in the legal and policy domains. The contributors traverse themes of personhood, equality, capacity, and intersectionality, explore the dilemmas involved in translating these concepts in practice, and reflect on the promises and limitations of the human rights project.

On May 17, 1954, in Brown v. Board of Education, the United States Supreme Court ruled that racial segregation in public schools was unconstitutional. When the court failed to specify a clear deadline for implementation of the ruling, southern segregationists seized the opportunity to launch a campaign of massive resistance against the federal government. What were the tactics, the ideology, the strategies, of segregationists? This collection of original essays reveals how the political center in the South collapsed during the 1950s as opposition to the Supreme Court decision intensified. It tracks the ingenious, legal, and often extralegal, means by which white southerners rebelled against the ruling: how white men fell back on masculine pride by ostensibly protecting their wives and daughters from the black menace, how ideals of motherhood were enlisted in the struggle for white purity, and how the words of the Bible were invoked to legitimize white supremacy. Together these essays demonstrate that segregationist ideology, far from a simple assertion of supremacist doctrine, was advanced in ways far more imaginative and nuanced than has previously been assumed.

What happens under international law if a state perishes due to rising sea levels without a successor state being created? Will the state cease to exist? What would this mean for its population? Have international law and globalization progressed enough to protect the people thus affected, or does international law still depend on the territorial state when it comes to protecting entire populations? Exploring these issues, this book provides answers to these pressing questions. Focusing on small island states as actors in the international community, it evaluates the challenges that the state as a subject of international law faces in general from globalization and humanization, and what this means for small island states threatened by rising seas. Highlighting the experience of the indigenous peoples of small island states as collectives, and to the individuals living in these states, the book addresses fundamental questions of general state theory and international law, drawing on an extensive body of source material. As rising sea levels present an increasingly pressing threat to small island states, this book highlights the importance of international protection of the individual and the capacity of international organizations to act within existing international law. It identifies pressing problems where immediate action is required and argues that, in future, the responsibility for protecting individuals could shift to the international community, if a sinking island state can no longer protect its population on its own.

'Since the 1970s the pharmaceutical industry has undergone significant changes in its research and development paradigm, trade and production. Regulatory frameworks have also changed substantially, particularly in the area of intellectual property rights. This book provides much needed empirical evidence on the impact of these and other changes on the pharmaceutical sector and on access to medicines in developing countries. The studies, conducted with a common methodology, on nine developing countries (including major producers of pharmaceuticals such as China and India) and on Canada, make an outstanding contribution to the literature in the field. The data and analysis in the book are of immediate interest to policy makers and to scholars in various fields, including innovation economics, industrial policy, health systems and intellectual property.' - Carlos Correa, University of Buenos Aires, Argentina This up-to-date book examines pharmaceutical development, access to medicines, and the protection of public health in the context of two fundamental changes that the global political economy has undergone since the 1970s, the globalization of trade and production and the increased harmonization of national regulations on intellectual property rights. With authors from eleven different countries presenting case studies of national experiences in Africa, Asia and the Americas, the book analyzes national strategies to promote pharmaceutical innovation, while at the same time assuring widespread access to medicines through generic pharmaceutical production and generic pharmaceutical importation. The expert chapters focus on patents as well as an array of regulatory instruments, including pricing and drug registration policies. Presenting in-depth analysis and original empirical research, this book will strongly appeal to academics and students of intellectual property, international health, international political economy, international development and law. Contributors: T. Andia, M. Bourassa Forcier, M. Flynn, P. Gehl Sampath, S. Guennif, A. Guzman, H. Klug, G. Krikorian, N. Lalitha, J.-F. Morin, K.C. Shadlen, L. Shi, M. Watanabe

Since the 1980s, there has been an alarming increase in the prevalence of obesity in virtually every country in the world. As obesity is known to lead to both chronic and severe medical problems, it imposes a cost not only on affected individuals and their families, but also on society as a whole. In Europe, the Obesity Prevention White Paper of May 2007 - followed by the adoption of an EU School Fruit Scheme, the acknowledgement that food advertising to children should be limited, and proposed legislation to make nutrition labeling compulsory - has firmly placed obesity on the EU agenda by laying down a multi-sectoral strategy and a basis for future action. In accordance with this growing sense of urgency, this is the first book to offer an in-depth legal analysis of obesity prevention, with particular reference to Europe. It describes what the EU has done and could do to support Member States in fighting the obesity epidemic, and clearly shows the way to locating advocacy strategies within the framework of EU law. The thorough analysis includes a discussion of the following issues: the need to address nutrition and physical activity as important health determinants; the emphasis traditionally placed at EU level on food safety rather than food quality; the need for the development of databases on nutrition and physical activity, comparable common indicators and risk assessment mechanisms; mainstreaming public health into all EU policies; the scope of EU powers in the case law of the Court of Justice; the role of information in the EU's obesity prevention strategy; the Commission's proposed Mandatory Nutrition Declaration; and, the Food Claims Regulation. It also includes: the regulation of food marketing to children, and in particular the role of the Audiovisual Media Services Directive, the Unfair Commercial Practices Directive and industry self-regulation; food reformulation; the use of economic instruments in the EU's obesity prevention strategy, with an emphasis on the Common Agricultural Policy and the EU's taxation policy; and EU action in the fields of sport, occupational health and safety, and transport policy. The author convincingly shows that conflicts of interest inherent in market forces demand a strong EU intervention, preferably through legislation than self-regulation. She also demonstrates the urgent need to reach an agreement, on the basis of reliable data, about what is effective in practice to improve lifestyles. The study acknowledges that the law is not a panacea, but nonetheless has an influential role to play in making the healthy choice an easier choice, and must move decisively towards ensuring that the societal costs associated with obesity are sustainable, and that the ultimate goal of a healthy population is achievable. The book is essential reading for everyone involved or interested in the development of the EU's obesity prevention policy.

Algorithms are now widely employed to make decisions that have increasingly far-reaching impacts on individuals and society as a whole ("algorithmic governance"), which could potentially lead to manipulation, biases, censorship, social discrimination, violations of privacy, property rights, and more. This has sparked a global debate on how to regulate AI and robotics ("governance of algorithms"). This book discusses both of these key aspects: the impact of algorithms, and the possibilities for future regulation.

This book addresses a topic that is currently high on the agenda in many fora: how to specify and secure a social minimum. The term 'social minimum' has different meanings, depending on the context. These contexts are examined in this book from different perspectives, including law, sociology, philosophy, politics and economics. In the first part, the social minimum is discussed from a conceptual and theoretical point of view. The second part shows the various ways in which the social minimum can be specified and measured. There is a need for new indicators that take into account, for instance, aspects of adequate social participation. As this part shows, the choice of indicators is closely intertwined with political choices. The third part approaches the social minimum from the perspective of legal obligations, addressing the nature of different obligations imposed on individuals and states. The fourth part deals with the question of social minimum in the context of courts, adjudication and justiciability. The role of international treaties and national constitutions - the interpretation of the rights they enshrine and the way these are dealt with by expert committees and courts - is discussed with a view to understanding how the guarantee of a social minimum can be promoted within individual countries. Besides being of interest for academics in fields ranging from legal theory and human rights to the social sciences, the book also serves as an important source for students as well as practitioners interested in the social minimum, and anyone who wants to gain an insight into the current debates on this extremely important issue.

This book builds an empirical basis towards creating broader prevention and intervention programs in curbing digital piracy. It addresses the psychosocial, cultural and criminological factors associated with digital piracy to construct more efficient problem-solving mechanisms. Digital piracy including online piracy involves illegal copying of copyrighted materials. This practice costs the software industry, entertainment industry, and governments billions of dollars every year. Reports of the World Intellectual Property Organization (WIPO) and Business Software Alliance (BSA) view piracy largely in the light of economic factors; the assumption being that only those who cannot afford legitimate copies of software, music, and movies indulge in it. Drawing on research and theories from various disciplines like psychology, sociology, criminology, and law, the authors have designed an empirical study to understand the contribution of psychological, cultural and criminological factors to digital piracy. The chapters include data from India and China, which continue to be on the Special 301 report priority watch list of the WIPO, and Serbia, which has been on the watch list 4 times. They examine the role of self-control, self-efficacy, perceived punishment severity, awareness about digital piracy, peer influence, neutralization techniques, novelty seeking, pro-industry factors and other socio-demographic factors in predicting digital piracy. This book addresses a large readership, comprising academics and researchers in psychology, criminology and criminal justice, law and intellectual property rights, social sciences, and IT, as well as policymakers, to better understand and deal with the phenomenon of digital piracy.

This is the first book to examine the significance of European Union antitrust law for the future of sport in Europe. Drawing on multi-disciplinary perspectives from law, economics, sport management and politics, and including case studies about the European Super League (ESL) and the International Skating Union, the book explores key themes in contemporary sport, including governance, ownership and control; the European sport model; the regulatory autonomy of sports organisations; and the relationship between public policy, the law and sport. This is important reading for any advanced student, researcher, policy-maker or practitioner with an interest in sport management, sport law, European law or European politics.

This book will give insight into emerging semiconductor devices from their applications in electronic circuits, which are the backbone of electronic equipment. It provides desired exposure to the ever-growing field of low-power electronic devices and their applications in nanoscale devices, memory design, and biosensing applications. Tunneling Field Effect Transistors: Design, Modeling, and Applications bring researchers and engineers from various disciplines of the VLSI domain together to tackle the emerging challenges in the field of nanoelectronics and applications of advanced low-power devices. The book begins by discussing the challenges of conventional CMOS technology from the perspective of low-power applications. The book also reviews the basic science and developments of subthreshold swing technology and recent advancements in the field. The authors discuss the impact of semiconductor materials and architecture designs on TFET devices and the performance and usage of FET devices in various domains like nanoelectronics, Memory Devices, and biosensing applications. The authors also cover a variety of FET devices, such as MOSFETs and TFETs, with various structures based on the tunneling transport phenomenon. The contents of the book have been designed and arranged in such a way that Electrical Engineering students, researchers in the field of nanodevices and device-circuit codesign, as well as industry professionals working in the domain of semiconductor devices, will find the material useful and easy to follow.

Bringing together a range of perspectives, this book establishes a criminology of the domestic, paying particular attention to emerging spatial and relational reconfigurations. We move beyond criminologies of public and urban domains to consider over-looked non-public locales, and crimes and harms that occur in the home and other private spaces. Developed in the context of the COVID-19 lockdowns, where distinctions between public and private became increasingly untenable, the book considers how the pandemic has accelerated new patterns of behaviour, enabled by technology and shifting social relations. Drawing on a range of criminological topics, including victimisation, offending, property and violent crime, consumption, deviance and leisure, and zemiology, the book argues that the domestic sphere, and its relation to the public realm, needs to be more carefully conceptualised if criminology is to respond to new spatial and relational dimensions of changing lifestyles. An accessible and compelling read, this book will appeal to students and scholars of criminology, sociology, politics, geography, history, gender, surveillance and security and all those interested in a criminology of the domestic sphere.

aa magnificently rich, highly critical, at times deeply challenging and troubling, and perhaps even paradigm-shifting, collection of works that has been authored by some of the most progressive and interrogative scholars of our time. In their analysis, none of the contributors take anything for granted; they relentlessly push against parochial closures that obscure the possible contours of a re-imagined relationship between human rights and the environment. The book ultimately succeeds in offering a new juridical imaginary for those of us who are concerned with the deeply troubled and complex relationship between human rights and the environment.' - Louis J. Kotze, North-West University, South Africa, University of Lincoln, UK and Global Network for the Study of Human Rights and the EnvironmentIn the climate-pressed Anthropocene epoch, nothing could be more urgent than fresh engagements with the fractious relationships between 'humanity', law and the living order. This timely book intelligently combines theoretical reflections, doctrinal analyses and insights drawn from rights-based praxis to offer thoughtful - and at times provocative - engagements with the limitations of law as it faces the complexities of contemporary socio-ecological life-worlds in an age of climate crisis. Leading scholars in the field discuss, in four parts, Philosophical Investigations, Reconfiguring the Legal, Activism and Praxis, and Multi-level Reformulations, to offer imaginative intellectual engagements with a range of challenges vexing the human-environmental-legal 'interface'. Scholars and students of human rights and environmental law and practitioners in the field alike will find the book to be a timely and thoughtful engagement with urgent human dilemmas. Contributors: D. Bollier, L. Code, S. Coyle, K. Donald, G.N. Gill, E. Grant, A. Grear, T. Kerns, A. Philippopoulos-Mihalopoulos, M. Pieraccini, B.H. Weston

This collection brings together international experts to present a comparative analysis of wrongful conviction and criminal procedure. The volume takes an interdisciplinary approach with authors drawn from a broad range of backgrounds including law, psychology, forensics and journalism. All are experts in their field with direct experience of the investigation of wrongful conviction in their own countries. Focusing on the main areas of concern in their own jurisdiction, each author discusses common themes including: the extent of the problem; the types of cases that feature in miscarriages of justice; the legal mechanism for the correction of a wrongful conviction; compensation for the wrongly convicted; public awareness and concern about the issue generally and in light of high-profile cases; and the extent to which wrongful conviction has driven criminal justice reform. The book will be essential reading for students, researchers and policy-makers interested in Comparative Law, Criminology and Psychology.

The Ethical Educator: Pointers & Pitfalls for School Administrators is an accessible, nuts-and-bolts resource for education leaders at the school and district levels as they confront difficult ethical situations in their day-to-day work. The book features 100 real-life cases drawn from School Administrator magazine's Ethical Educator column over the past ten years. The dilemmas encompass numerous aspects of administration, from First Amendment and religious liberty issues to personnel and board relations. Every case provides an opportunity for the reader to consider how they might handle a similar situation and to reflect on the perspectives of experienced administrators who explain how they would address the dilemma. Each chapter begins with a down-to-earth introduction by a nationally recognized school district attorney, who touches on relevant legal parameters and case law. Making ethical decisions tests us as administrators, for those decisions set precedents that shape how others perceive our ethical judgment and, in turn, the ethical identity of the school or district. The Ethical Educator: Pointers & Pitfalls for School Administrators will help the reader become a more effective education administrator, a more courageous leader of a school organization, and simply a human being with a greater sense of ethical alignment and purpose.

The NHS has undergone substantial reform and investment since 1980, yet demand for care still exceeds supply and difficult choices remain between patients. Why is this so? On what basis should these decisions be made and by whom? As patients become 'consumers' of care, Who Should We Treat? puts patients' rights into their political, economic, and managerial perspectives to consider one of the most pressing problems in contemporary society.

This book argues that legal theory provides a jumping-off point for the study of controversial topics related to the work of Practicing Healthcare Ethicists (PHEs). Healthcare ethics consultation has had a place in healthcare for many decades yet the nature of the work is not well understood by many of its critics as well as its defenders. PHEs have been described as compromised and ineffectual, politicised and undemocratic, and their promise to offer sound advice has been deemed irredeemably incoherent in the context of value pluralism. Legal theorists have long attended to the relationship between law and morality, and the supposed tension between democracy and the role of an expert judiciary. An appreciation that these debates are not unique to the practice of healthcare ethics can help PHEs to engage critics with a renewed confidence and some fresh approaches to perennial, and hitherto unproductive, arguments. This book will be of great interest to practicing healthcare ethicists, as well as those who rely upon their services (healthcare professionals and healthcare leaders, patients, and their families) as well as academics working in the broader field of bioethics.

This book argues that large corporations need to implement governance practices and processes that make them better innovators and that the challenge is to identify organizational principles and practices that provide the best chance of delivering innovative products to create a meaningful consumer experience. In this context, it is important to recognize that when we address organizational forms, we are not thinking of corporate governance in the sense of managing agency costs and ensuring regulatory compliance, but the more pressing business task of putting in place organizational systems and processes that facilitate value creation through continued and sustained innovation. The book examines how the contemporary concept and discourse of corporate governance may be obsolete or, at least, is increasingly disconnected from the needs and realities of the most innovative firms today. The concept of organizing for innovation-identifying process and practices that deliver the best opportunities for innovation-needs to take centre stage. This book aims to contribute to the nascent debate in this area by bringing together a series of chapters that examine various issues related to organizing for innovation.

Critical Issues in Environmental Taxation is an internationally refereed publication devoted to environmental taxation issues on a worldwide basis. It seeks to provide insights and analysis for achieving environmental goals through tax policy. By sharing the perspectives of the authors in response to the diverse challenges posed by environmental taxation issues, effective approaches used in one country may be considered and possibly implemented by governmental authorities in other countries. This volume (the second in the series) contains 37 articles written by authors from 12 countries, with the articles grouped into five categories by topic. Preliminary drafts of the articles were presented at the Fourth Annual Global Conference on Environmental Taxation Issues held on June 5-7 2003 in Sydney, Australia. The articles in this volume were selected after being subjected to a rigorous peer review process. The articles are interesting, thought provoking, and have been written by some of the best environmental taxation scholars in the world.

A systemic approach to psychotherapeutic competencies. Clear and concise and appropriate for therapists of all levels of experience and therapeutic backgrounds. Establishes the definition of four levels of systemic competencies and illustrates each principle with compelling clinical case material.