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Placing contemporary technological developments in their historical context, this book argues for the importance of law in their regulation. Technological developments are focused upon overcoming physical and human constraints. There are no normative constraints inherent in the quest for ongoing and future technological development. In contrast, law proffers an essential normative constraint. Just because we can do something, does not mean that we should. Through the application of critical legal theory and jurisprudence to pro-actively engage with technology, this book demonstrates why legal thinking should be prioritised in emerging technological futures. This book articulates classic skills and values such as ethics and justice to ensure that future and ongoing legal engagements with socio-technological developments are tempered by legal normative constraints. Encouraging them to foreground questions of justice and critique when thinking about law and technology, the book addresses law students and teachers, lawyers and critical thinkers concerned with the proliferation of technology in our lives.
The criminal legal system defines and authoritatively enacts the boundaries of permissible and impermissible behaviour, with a focus on that which is prohibited or transgressive. Wickedness and Crime: Laws of Homicide and Malice seeks to expose the ways in which criminal law communicates and sanctions particular models of wickedness. This book illuminates the intimate relationship of crime and definitions of wrongdoing. A central contention of the book is that if a criminal legal system empty of normative content is undesirable and implausible, then we must think critically about the types of models of wickedness that are communicated by criminal legal doctrine. Through historical and contemporary analysis of the legal concept of malice, Penny Crofts examines the types of models of wickedness that are established through criminal legal doctrine. The book draws upon literature, philosophy and jurisprudence to place wickedness at the centre of an account of criminal law. Arguing that the current dominant idea of wickedness communicated in criminal law lacks nuance and clarity, this book examines the implications in terms of the legal subject, social responsibility and the jurisdiction of the legal system. Through historical accounts of malice the book provides resources to enrich a contemporary jurisprudence of blaming. A fascinating contribution to the study of law, this book will interest criminal legal scholars who seek a deeper understanding of the complexity of the relationship between law and morality. The book also provides a resource for legal theorists and philosophers of wickedness, supplying a sustained example and analysis of the implications of types of models of culpability.
Placing contemporary technological developments in their historical context, this book argues for the importance of law in their regulation. Technological developments are focused upon overcoming physical and human constraints. There are no normative constraints inherent in the quest for ongoing and future technological development. In contrast, law proffers an essential normative constraint. Just because we can do something, does not mean that we should. Through the application of critical legal theory and jurisprudence to pro-actively engage with technology, this book demonstrates why legal thinking should be prioritised in emerging technological futures. This book articulates classic skills and values such as ethics and justice to ensure that future and ongoing legal engagements with socio-technological developments are tempered by legal normative constraints. Encouraging them to foreground questions of justice and critique when thinking about law and technology, the book addresses law students and teachers, lawyers and critical thinkers concerned with the proliferation of technology in our lives.
The criminal legal system defines and authoritatively enacts the boundaries of permissible and impermissible behaviour, with a focus on that which is prohibited or transgressive. Wickedness and Crime: Laws of Homicide and Malice seeks to expose the ways in which criminal law communicates and sanctions particular models of wickedness. This book illuminates the intimate relationship of crime and definitions of wrongdoing. A central contention of the book is that if a criminal legal system empty of normative content is undesirable and implausible, then we must think critically about the types of models of wickedness that are communicated by criminal legal doctrine. Through historical and contemporary analysis of the legal concept of malice, Penny Crofts examines the types of models of wickedness that are established through criminal legal doctrine. The book draws upon literature, philosophy and jurisprudence to place wickedness at the centre of an account of criminal law. Arguing that the current dominant idea of wickedness communicated in criminal law lacks nuance and clarity, this book examines the implications in terms of the legal subject, social responsibility and the jurisdiction of the legal system. Through historical accounts of malice the book provides resources to enrich a contemporary jurisprudence of blaming. A fascinating contribution to the study of law, this book will interest criminal legal scholars who seek a deeper understanding of the complexity of the relationship between law and morality. The book also provides a resource for legal theorists and philosophers of wickedness, supplying a sustained example and analysis of the implications of types of models of culpability.
This book is part of a two-volume set that examines prostitution and sex trafficking on a global scale, with each chapter devoted to a particular country in one of seven geo-cultural areas of the world. The 16 chapters in this volume (Volume II) are devoted to examination of the commercial sex industry (CSI) in countries within Africa, Asia, Middle East, and Oceania, while the 18 chapters comprising Volume I focus exclusively on Europe, Latin America, and North America. This volume also includes a "global" section, which includes chapters that are globally relevant - rather than those devoted to a particular country or geographic location. The content of each Volume, as well as each chapter, reflects great diversity - diversity in focus, writing style, and personal position regarding the commercial sex industry. Diversity extends to the contributors, who are comprised of international scholars, service providers, and policy advocates representing a variety of fields and disciplines, with distinct and varied frames of reference and theoretical underpinnings with regard to the commercial sex industry. In addition to addressing aspects of the CSI across the globe, as impacted by geography and culture, authors have also provided a spectrum of implications of their work - implications ranging from continued scholarship and research, to legislative maneuvers and policy change, to suggestions for collaboration across NGOS, fieldworkers, clinicians, and service providers. Together, the 34 expertly-crafted chapters provide a wealth of knowledge from which to more deeply appreciate and contemplate the global commercial sex industry. By uniting contributors from around the world, this book aims to build a relatively common knowledge base on global prostitution and sex trafficking.
This book is part of a two-volume set that examines prostitution and sex trafficking on a global scale, with each chapter devoted to a particular country in one of seven geo-cultural areas of the world. The 16 chapters in this volume (Volume II) are devoted to examination of the commercial sex industry (CSI) in countries within Africa, Asia, Middle East, and Oceania, while the 18 chapters comprising Volume I focus exclusively on Europe, Latin America, and North America. This volume also includes a "global" section, which includes chapters that are globally relevant -- rather than those devoted to a particular country or geographic location. The content of each Volume, as well as each chapter, reflects great diversity -- diversity in focus, writing style, and personal position regarding the commercial sex industry. Diversity extends to the contributors, who are comprised of international scholars, service providers, and policy advocates representing a variety of fields and disciplines, with distinct and varied frames of reference and theoretical underpinnings with regard to the commercial sex industry. In addition to addressing aspects of the CSI across the globe, as impacted by geography and culture, authors have also provided a spectrum of implications of their work -- implications ranging from continued scholarship and research, to legislative maneuvers and policy change, to suggestions for collaboration across NGOS, fieldworkers, clinicians, and service providers. Together, the 34 expertly-crafted chapters provide a wealth of knowledge from which to more deeply appreciate and contemplate the global commercial sex industry. By uniting contributors from around the world, this book aims to build a relatively common knowledge base on global prostitution and sex trafficking. Viewed from a unified, global perspective, it is hoped that this common understanding will lead to a grounded theory and integrated view with applicable suggestions for international efforts aimed at interventio
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