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This provocative and timely book identifies and disrupts the
conventional regulation and governance discourses concerning AI and
big data. It suggests that, instead of being used as tools for
exclusionist commercial markets, AI and big data can be employed in
governing digital transformation for social good. Analysing the
ways in which global technology companies have colonised data
access, the book reveals how trust, ethics, and digital
self-determination can be reconsidered and engaged to promote the
interests of marginalised stakeholders in data arrangement.
Chapters examine the regulation of labour engagement in digital
economies, the landscape of AI ethics, and a multitude of questions
regarding participation, costs, and sustainability. Presenting
several informative case studies, the book challenges some of the
accepted qualifiers of frontier tech and data use and proposes
innovative ways of actioning the more conventional regulatory
components of big data. Scholars and students in information and
media law, regulation and governance, and law and politics will
find this book to be critical reading. It will also be of interest
to policymakers and the AI and data science community.
Advocating a style of law and a role for legal agency which returns
to its essential humanist ideology and represents public
spiritedness, this unique book confronts the myths surrounding
globalisation, advancing the role for law as a change agent
unburdened from its current market functionality. Mark Findlay
argues that law has a new and urgent relevance to confront the
absence of resilience in self-determined market places, and to make
coherent the anarchic forces which are running, and ruining the
world. The inevitability of law's re-invention during global crises
is considered, offering a critical evaluation of the future of
legal agency, service delivery and access to justice. Chapters also
engage with citizen-centric surveillance society to examine the
dangers to personal data, individual integrity, and work-life
quality from unregulated mass data sharing. Exciting and
thought-provoking, this book will be critical reading for scholars
and students in law, economics and governance interested in
globalisation and crises, such as pandemics, as well as populist
politics and anxiety governance.
This provocative book investigates the relationship between law and
artificial intelligence (AI) governance, and the need for new and
innovative approaches to regulating AI and big data in ways that go
beyond market concerns alone and look to sustainability and social
good. Taking a multidisciplinary approach, the contributors
demonstrate the interplay between various research methods, and
policy motivations, to show that law-based regulation and
governance of AI is vital to efforts at ensuring justice, trust in
administrative and contractual processes, and inclusive social
cohesion in our increasingly technologically-driven societies. The
book provides valuable insights on the new challenges posed by a
rapid reliance on AI and big data, from data protection regimes
around sensitive personal data, to blockchain and smart contracts,
platform data reuse, IP rights and limitations, and many other
crucial concerns for law's interventions. The book also engages
with concerns about the 'surveillance society', for example
regarding contact tracing technology used during the Covid-19
pandemic. The analytical approach provided will make this an
excellent resource for scholars and educators, legal practitioners
(from constitutional law to contract law) and policy makers within
regulation and governance. The empirical case studies will also be
of great interest to scholars of technology law and public policy.
The regulatory community will find this collection offers an
influential case for law's relevance in giving institutional
enforceability to ethics and principled design.
Focusing on the information economy, free trade exploitation, and
confronting terrorist violence, Mark Findlay critiques law's
regulatory commodification. Conventional legal regulatory modes
such as theft and intellectual property are being challenged by
waves of property access and use, which demand the rethinking of
property 'rights' and their relationships with the law. Law's
Regulatory Relevance? theorises how the law should reposition
itself in order to help rather than hinder new pathways of market
power, by confronting the dominant neo-liberal economic model that
values property through scarcity. With in-depth analysis of
empirical case studies, the author explores how law is returning to
its communal utility in strengthening social ties, which will in
turn restore property as social relations rather than market
commodities. In a world of contested narratives about property
valuing, law needs to ground its inherent regulatory relevance in
the ordering of social change. This book is an essential read for
students of law and regulation wanting to explore the contemporary
dissent against neo-liberal market economies and the issues of
communitarian governance and social resistance. It will also appeal
to policy makers interested in law's failing regulatory capacity,
particularly through criminalising attacks on conventional property
rights, by offering insights into why law's regulatory relevance is
at a cross-roads.
This book sets out an agenda to transform international criminal
trials and the delivery of international criminal justice to victim
communities through collaboration of currently competing paradigms.
It reflects a transformation of thinking about the comparative
analysis of the trial process, and seeks to advance the boundaries
of international criminal justice through wider access and
inclusivity in an environment of rights protection.Collaborative
justice is advanced as providing the future context of
international criminal trials. The book's radical dimension is its
argument for the harmonization of restorative and retributive
justice within the international criminal trial. The focus is
initially on the trial process, a key symbol of developing
international styles of justice. It examines theoretical models and
political applications of criminal justice through detailed
empirical analysis, in order to explore the underlying relationship
of theory and empirical study, applying the outcome in theory
testing and policy evaluation in several different jurisdictions.
The book injects a significant comparative dimension into the study
of international criminal justice.This is achieved through
searching the traditional foundations of internationalism in
justice by employing an original methodology to enable a
multi-dimensional exploration of contexts (local, regional and
global), so recognising the importance of difference within an
agenda suggesting synthesis.The book argues for a concept of
international trial within a 'rights paradigm', understood against
different procedural traditions and practices, and provides a
detailed description of trials and trial decision-making in various
jurisdictions. Transforming International Criminal Justice also
sets out to develop effective research strategies as part of its
interrogation of specific trial narratives and meanings in
contemporary legal cultures. Key themes are those of
internationalisation, fair trial and the exercise of discretion in
justice resolutions (sentencing in particular), and the
lay/professional relationship and its dynamics. Finally, the book
provides a searching critique of the relevance of existing
criminology and legal sociology in relation to international
criminal justice, and speculates on trial transformation and the
merger of retributive and restorative international criminal
justice. comparative analysis of the criminal trial process
internationallyargues for harmonization of retributive and
restorative justice within the international criminal trialsets out
an agenda to transform international criminal trials and the
delivery of international criminal justice to victim communities
This book sets out an agenda to transform international criminal
trials and the delivery of international criminal justice to victim
communities through collaboration of currently competing paradigms.
It reflects a transformation of thinking about the comparative
analysis of the trial process, and seeks to advance the boundaries
of international criminal justice through wider access and
inclusivity in an environment of rights protection.Collaborative
justice is advanced as providing the future context of
international criminal trials. The book's radical dimension is its
argument for the harmonization of restorative and retributive
justice within the international criminal trial. The focus is
initially on the trial process, a key symbol of developing
international styles of justice. It examines theoretical models and
political applications of criminal justice through detailed
empirical analysis, in order to explore the underlying relationship
of theory and empirical study, applying the outcome in theory
testing and policy evaluation in several different jurisdictions.
The book injects a significant comparative dimension into the study
of international criminal justice.This is achieved through
searching the traditional foundations of internationalism in
justice by employing an original methodology to enable a
multi-dimensional exploration of contexts (local, regional and
global), so recognising the importance of difference within an
agenda suggesting synthesis.The book argues for a concept of
international trial within a 'rights paradigm', understood against
different procedural traditions and practices, and provides a
detailed description of trials and trial decision-making in various
jurisdictions. Transforming International Criminal Justice also
sets out to develop effective research strategies as part of its
interrogation of specific trial narratives and meanings in
contemporary legal cultures. Key themes are those of
internationalisation, fair trial and the exercise of discretion in
justice resolutions (sentencing in particular), and the
lay/professional relationship and its dynamics. Finally, the book
provides a searching critique of the relevance of existing
criminology and legal sociology in relation to international
criminal justice, and speculates on trial transformation and the
merger of retributive and restorative international criminal
justice. comparative analysis of the criminal trial process
internationallyargues for harmonization of retributive and
restorative justice within the international criminal trialsets out
an agenda to transform international criminal trials and the
delivery of international criminal justice to victim communities
This is an original and ambitious book that seeks to re-theorise
regulation in ways that place embedded social bonds and
socio-economic sustainability at the heart of regulatory principle.
Findlay and Lim range across a wide landscape of economic history,
cultural anthropology and political theory perspectives, weaving
them into a unique perspective on regulation that challenges the
underlying assumptions of much of the existing literature. Their
critical focus on the centrality of private property rights in
regulatory theory is a welcome move in this stimulating book that
deserves to provoke debate.' - Bronwen Morgan, UNSW, Australia'Mark
Findlay and Lim Si Wei explore how economics and governance are
socially embedded through deft moves from one part of the globe to
another. How can there be regulation that is unresponsive to
culturally distinctive East Asian principles of 'face'? How can
integrity survive in migrant labour contracts? This is a searing
engagement with challenges of inequality in contemporary capitalism
that can only be confronted by a principled embedded regulation.
The limits of Western models of the national regulator are
evocatively exposed with a distinctive theoretical sophistication.'
- John Braithwaite, Australian National University This ambitious
book takes up the grand challenge to design regulatory thinking for
a global future beyond wealth and growth, and towards social
sustainability. Assuming a 'South World' perspective on market
regulation and social sustainability, the authors present the
options and possibilities for radically repositioning regulatory
principle. The analysis of intersections between the market
economies of the South and North reconsiders fundamental regulatory
relationships and outcomes motivated by sustainability rather than
individual wealth creation and economic growth models. The book
aims to return economy to society at a critical global juncture,
demanding new and creative regulatory intervention outside the
regulatory state model. Along with new perspectives on regulation,
the analysis offers a better understanding of the problematic
future of global regulation by revealing the different reasons for
fragmentation within and between very different regulatory spaces.
Students of social development and scholars researching market
economics and the global crisis will find this book to be a
valuable and challenging resource. Policy makers and readers
interested in law and regulation will also benefit from the
thoughtful discussion presented in this volume. Contents: 1.
Reimagining Contemporary Regulatory Principle - Fragmented
Regulatory Space 2. Redirecting Analytical Focus - South to North
Worlds 3. Social Embeddedness and Market Economies 4. Legal
Regulation, Private Property Protection and the Sustainability
Project 5. Law's Place in Regulating Migrant Labour Markets 6.
Sustainable Markets and Community Inclusion 7. The Truth of Growth
Index
This collection discusses appropriate methodologies for comparative
research and applies this to the issue of trial transformation in
the context of achieving justice in post-conflict societies. In
developing arguments in relation to these problems, the authors use
international sentencing and the question of victims' interests and
expectations as a focus. The conclusions reached are wide-ranging
and haighly significant in challenging existing conceptions for
appreciating and giving effect to the justice demands of victims of
war and social conflict. The themes developed demonstrate clearly
how comparative contextual analysis facilitates our understanding
of the legal and social contexts of international punishment and
how this understanding can provide the basis for expanding the role
of restorative international criminal justice within the context of
international criminal trials.
This collection discusses appropriate methodologies for comparative
research and applies this to the issue of trial transformation in
the context of achieving justice in post-conflict societies. In
developing arguments in relation to these problems, the authors use
international sentencing and the question of victims' interests and
expectations as a focus. The conclusions reached are wide-ranging
and haighly significant in challenging existing conceptions for
appreciating and giving effect to the justice demands of victims of
war and social conflict. The themes developed demonstrate clearly
how comparative contextual analysis facilitates our understanding
of the legal and social contexts of international punishment and
how this understanding can provide the basis for expanding the role
of restorative international criminal justice within the context of
international criminal trials.
Commencing its search for a principled international criminal
justice, this book argues that the Preamble to the Rome Statute
requires a very different notion of justice than that which would
be expected in domestic jurisdictions. This thinking necessitates
theorising what international criminal justice requires in terms of
its legitimacy much more than normative invocations, which in their
unreality can endanger the satisfaction of two central concerns -
the punitive and the harm-minimisation dimensions. The authors
suggest that because of the unique nature and form of the four
global crimes, pre-existing proof technologies are failing
prosecutors and judges, forcing the development of an often
unsustainable line of judicial reasoning. The empirical focus of
the book is to look at JCE (joint criminal enterprise) and aiding
and abetting as case-studies in the distortion of proof tests. The
substantial harm focus of ICJ (international criminal justice)
invites applying compatible proof technologies from tort
(causation, aggregation, and participation). The book concludes by
examining recent developments in corporate criminal liability and
criminalising associations, radically asserting that even in
harmonising/hybridising international criminal law there resides a
new and rational vision for the juridical project of international
criminal justice.
Commencing its search for a principled international criminal
justice, this book argues that the Preamble to the Rome Statute
requires a very different notion of justice than that which would
be expected in domestic jurisdictions. This thinking necessitates
theorising what international criminal justice requires in terms of
its legitimacy much more than normative invocations, which in their
unreality can endanger the satisfaction of two central concerns -
the punitive and the harm-minimisation dimensions. The authors
suggest that because of the unique nature and form of the four
global crimes, pre-existing proof technologies are failing
prosecutors and judges, forcing the development of an often
unsustainable line of judicial reasoning. The empirical focus of
the book is to look at JCE (joint criminal enterprise) and aiding
and abetting as case-studies in the distortion of proof tests. The
substantial harm focus of ICJ (international criminal justice)
invites applying compatible proof technologies from tort
(causation, aggregation, and participation). The book concludes by
examining recent developments in corporate criminal liability and
criminalising associations, radically asserting that even in
harmonising/hybridising international criminal law there resides a
new and rational vision for the juridical project of international
criminal justice.
Governing through Globalised Crime provides an analysis of the
impact of globalisation of crime on the governance capacity of the
international criminal justice system. It explores how the
perceived increased risk in global security has resulted in a
reformulation of the relationship between crime and governance. The
book seeks to argue that values of freedom, equality, communitarian
harmony and personal integrity which the prosecution of crimes
against humanity are said to advance, need not be sacrificed in a
new world order obsessed with partial security and secularized
risk. This book aims to address a way forward for the governance
capacity of international criminal justice, arguing that
international criminal justice provides a central tool for global
governance. In exploring the dependency of global governance on
crime and control, projections can be made about the changing face
of international criminal justice. Fundamental transformation is
required to hold unjust global dominion to account. The book's
policy perspective challenges international criminal justice to
return to the more critical position justice has exercised in the
separation of powers constitutional legality. For liberal
democratic theory at least, judicial authority and its institutions
have ensured constitutional legality by requiring the legislature
and the executive to operate accountably against a higher normative
order. This is not a predominant function of judges and courts in
the international context despite their statutory invocation to
this task . Case-studies of global crime and control reveal
contexts in which the co-opted governance of institutional ICJ in
particular, has a politicized motivation which too often advances
the authority and interests of one world order against the
sometimes legitimate resistance of criminalized communities. When
the analysis moves to the consideration of victim community
interests, and from there to the appropriate global constituencies
of ICJ, the nature and limitations of ICJ supporting governance in
the risk/security model, becomes apparent.
Using property and labour as his major themes, Mark Findlay
analyses the way in which law has come to serve the cult of the
market at the expense of abandoning its broader role of serving
communities. With wonderful scholarship he charts a path to how
law's social purpose might be regained. Law re-emerges as the
primary means for the regulatory state to re-connect with social
values and communities. The book is a tour de force.' - Peter
Drahos, Australian National UniversityIn this revealing comparative
study, Mark Findlay examines the problematic nexus between
undervalued labour and vulnerable migration status in dis-embedded
markets. It highlights the frustrations raised by timeless
regulatory failure and the chronic complicity of private property
arrangements in delivering unsustainable market engagement. Mark
Findlay identifies the challenge for normative and functional
foundations of equitable governance, by repositioning regulatory
principle, to restore dignity to market relations. The
accountability of property through wider access and inclusion, it
is argued, grounds commodified occupation as a vitally valuable
social bond in which workers are empowered to participate rather
than suffer exploitation. The comparative analysis of the EU and
ASEAN regulatory contexts reveals that it is not simply more
regulatory activity, but rather its reversion from market interests
to human values, which will advance sustainability. Property,
Labour and Legal Regulation offers an insightful, critical analysis
of crucial contemporary issues facing social administrators,
lawyers and policy makers working in the fields of migration,
labour law and regulation. Its broad disciplinary coverage lends
itself to students of law and regulation who will benefit from this
unique evaluation of private property, labour relations and
migration exclusivity.
International criminal justice is in transition. This book explores
the growing internationalisation of criminal justice as a
phenomenon of global governance. It provides students with a
critical understanding of the international institutions for
regulating transnational crime, the development of alternative
justice processes across the globe, and international and
supra-national co-operation criminal justice policies and
practices. Key topics covered include: The historical development
of International Criminal Justice institutions and traditions
International Restorative Justice Victim communities and
collaborative justice The relationship between crime and war
International Human Rights The 'War on Terror' The globalisation of
crime and control Developments in global governance, communitarian
justice and accountability This text will familiarize students with
the literature and debates surrounding international criminal
justice and enable them to critically appreciate their theoretical
and policy context. In doing so, it encourages students to assess
the strengths and weaknesses of different approaches to the study
of global justice and the analysis of comparative policy
convergence and research. It will also help students to reflect on,
and communicate in an informed and critical way theoretical
accounts and empirical studies within the field of international
criminal justice. This book will be essential reading for upper
level undergraduates taking courses in criminal law, international
relations and governance and postgraduates engaged in international
criminal justice, international law, regulation and governance and
human rights.
International criminal justice is in transition. This book explores
the growing internationalisation of criminal justice as a
phenomenon of global governance. It provides students with a
critical understanding of the international institutions for
regulating transnational crime, the development of alternative
justice processes across the globe, and international and
supra-national co-operation criminal justice policies and
practices. Key topics covered include: The historical development
of International Criminal Justice institutions and traditions
International Restorative Justice Victim communities and
collaborative justice The relationship between crime and war
International Human Rights The 'War on Terror' The globalisation of
crime and control Developments in global governance, communitarian
justice and accountability This text will familiarize students with
the literature and debates surrounding international criminal
justice and enable them to critically appreciate their theoretical
and policy context. In doing so, it encourages students to assess
the strengths and weaknesses of different approaches to the study
of global justice and the analysis of comparative policy
convergence and research. It will also help students to reflect on,
and communicate in an informed and critical way theoretical
accounts and empirical studies within the field of international
criminal justice. This book will be essential reading for upper
level undergraduates taking courses in criminal law, international
relations and governance and postgraduates engaged in international
criminal justice, international law, regulation and governance and
human rights.
On a contracting world stage, crime is a major player in
globalization and is as much a feature of the emergent globalized
culture as are other forms of consumerism. The Globalization of
Crime charts crime's evolution. It analyses how globalization has
enhanced material crime relationships such that they must be
understood on the same terms as any other significant market force.
Trends in criminalization, crime and social development, crime and
social control, the political economy of crime, and crime in
transitional cultures are all examined in order to understand the
role of crime as an agent of social change and present an
integrated theory of crime and social context. This was the first
book to challenge existing analyses of crime in the context of
global transition, and show that crime is as much a force for
globalization as globalization is a force for crime.
Governing through Globalised Crime provides an analysis of the
impact of globalisation of crime on the governance capacity of the
international criminal justice system. It explores how the
perceived increased risk in global security has resulted in a
reformulation of the relationship between crime and governance. The
book seeks to argue that values of freedom, equality, communitarian
harmony and personal integrity which the prosecution of crimes
against humanity are said to advance, need not be sacrificed in a
new world order obsessed with partial security and secularized
risk. This book aims to address a way forward for the governance
capacity of international criminal justice, arguing that
international criminal justice provides a central tool for global
governance. In exploring the dependency of global governance on
crime and control, projections can be made about the changing face
of international criminal justice. Fundamental transformation is
required to hold unjust global dominion to account. The book's
policy perspective challenges international criminal justice to
return to the more critical position justice has exercised in the
separation of powers constitutional legality. For liberal
democratic theory at least, judicial authority and its institutions
have ensured constitutional legality by requiring the legislature
and the executive to operate accountably against a higher normative
order. This is not a predominant function of judges and courts in
the international context despite their statutory invocation to
this task . Case-studies of global crime and control reveal
contexts in which the co-opted governance of institutional ICJ in
particular, has a politicized motivation which too often advances
the authority and interests of one world order against the
sometimes legitimate resistance of criminalized communities. When
the analysis moves to the consideration of victim community
interests, and from there to the appropriate global constituencies
of ICJ, the nature and limitations of ICJ supporting governance in
the risk/security model, becomes apparent.
Crime is becoming as much a feature of the emergent globalized culture as other forms of consumerism. The Globalization of Crime presents an integrated theory of crime and social context, examining trends in criminalization, crime and social development, social control and the political economy of crime in order to understand the role of crime in social change. This is the first book to challenge existing analyses of crime in the context of globalization and show crime is as much a force for globalization as globalization is a force for crime.
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