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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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