Описание: The dramatic uprisings that ousted the long-standing leaders of several countries in the Arab region set in motion an unprecedented period of social, political and legal transformation. The prosecution of political leaders took centre stage in the pursuit of transitional justice following the 'Arab Spring'. Through a comparative case study of Egypt, Libya, Tunisia and Yemen, this book argues that transitional justice in the Arab region presents the strongest challenge yet to the transitional justice paradigm. This paradigm is built on the underlying assumption that transitions constitute a shift from non-liberal to liberal democratic regimes, where often legal measures are taken to address atrocities committed during the prior regime. The book is guided by two principal questions: first, what trigger and driving factors led to the decision of whether or not to prosecute former political leaders? And second, what shaping factors affected the content and extent of decisions regarding prosecution? In answering these questions, the book enhances our understanding of how transitional justice is pursued by different actors in varied contexts. In doing so, it challenges the predominant understanding that transitional justice uniformly occurs in liberalising contexts and calls for a re-thinking of transitional justice theory and practice.
Using original findings generated from almost 50 interviews across 4 countries, this research builds on the growing critical literature that claims that transitional justice is an under-theorised field and needs to be developed to take into account non-liberal and complex transitions. It will be stimulating and thought-provoking reading for all those interested in transitional justice and the 'Arab Spring'.
'Beginning with the striking image of former Egyptian President Hosni Mubarak in the docks in 2011, Aboueldahab analyzes the role of transitional justice processes in relation to the political developments of the Arab Spring. She makes a compelling case for a fundamental rethinking of those approaches to fighting impunity that have become mainstreamed in the international human rights community; this book also challenges assumptions and theories regarding the notion of 'liberalizing' political transitions. Drawing from four country contexts (Egypt, Tunisia, Libya and Yemen) this book demonstrates that human rights goals were undermined because the international community and key national actors ignored the socio-legal histories that shaped the paths and horizons of political change. This book is an important contribution to the study of international criminal law, transitional justice, and the broader field of political transition.' Vasuki Nesiah, Associate Professor of Practice, New York University
'This very timely and perceptive study provides rigorous empirical evaluation of the post-transition prosecution strategies in the Arab region. It demonstrates both the complexity of and contrasts between the cases, but also highlights their divergence from the transitional justice field as it is generally understood. By exploring the broader political shifts and the local political dynamics of prosecutions, Noha Aboueldahab challenges common misconceptions about whose interests prosecutions serve in these contexts. In doing so, she questions the assumptions of transitional justice more broadly.'
Описание: This pioneering work collects an amazing assemblage of court cases in which animals have been named as defendants--chickens, rats, field mice, bees, gnats, and (in 34 recorded instances) pigs, among others-- providing insight into such modern issues as animal rights, capital punishment, and social and criminal theory. Evans suggests an intriguing distinction between trials of specific animals or particular crimes, such as the "murder" of an infant by a pig, and trials for larger, catastrophic events, such as plagues and infestations. In the latter case, Evans suggests a parallel to witchcraft. Edward Payson Evans 1831-1917], a historian, linguist and associate of Ralph Waldo Emerson, taught at the University of Michigan before moving to Germany, where he became a specialist in Oriental languages and German literature. A prolific author, his other Animal-related books are Animal Symbolism in Art and Literature and Animal Symbolism in Ecclesiastical Architecture, both published in 1887. CONTENTS Introduction 1. Bugs and Beasts before the Law 2. Medi val and Modern Penology Appendix Bibliography Index
American prosecutors are asked to play two roles within the criminal justice system: they are supposed to be ministers of justice whose only goals are to ensure fair trials—and they are also advocates of the government whose success rates are measured by how many convictions they get. Because of this second role, sometimes prosecutors suppress evidence in order to establish a defendant’s guilt and safeguard that conviction over time. In Prosecution Complex, Daniel S. Medwed shows how prosecutors are told to lock up criminals and protect the rights of defendants. This double role creates an institutional “prosecution complex” that animates how district attorneys’ offices treat potentially innocent defendants at all stages of the process—and that can cause prosecutors to aid in the conviction of the innocent. Ultimately, Prosecution Complex shows how, while most prosecutors aim to do justice, only some hit that target consistently.
Автор: Shawn Marie Boyne Название: The German Prosecution Service ISBN: 364240927X ISBN-13(EAN): 9783642409271 Издательство: Springer Рейтинг: Цена: 13974.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Notable for its analysis of real-life cases and frank interviews with lawyers, this unique ethnographic study of German prosecutorial decision making shows how efficiency measures such as charge bargaining are undermining the system`s celebrated objectivity.
Описание: In the summer of 1930, two federal prohibition agents were murdered - one in a hail of buckshot in Aguilar, Colorado; the other disappearing on a sunny afternoon along a New Mexico state highway. This is the first book to correlate the two murders, identify how and why they occurred, name the parties involved and the roles they played.
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