Описание: The Shifting Meaning of Legal Certainty (Mark Fenwick and Stefan Wrbka).- Part I - Perspectives from Private Law.- Comments on Legal Certainty from the Perspective of European, Austrian and Japanese Private Law (Stefan Wrbka).- Intellectual Property, Private Ordering and Legal Certainty(Branislav Hazucha).- Considerations on the Transnationality of International Commercial Arbitration Awards in the Context of the Demand for Legal Certainty (Jason D. Hitch).- The Notion of Consumer under EU Legislation and EU Case Law: Between the Poles of Legal Certainty and Flexibility (Jakob S ren Hedegaard and Stefan Wrbka).- Legal Certainty and Trusts in China (Zhen Meng).- Part II - Perspectives from Criminal Law.- Multilingual Norms in European Criminal Law (Georg C. Langheld).- Empirical Judgement in Criminal Proceedings (Sebastian Stehle).- The Multiple Uncertainties of the Corporate Criminal Law (Mark Fenwick).- Types of offenders - A Criminological Perspective in Historical Contexts (Kathrin Hцffler).- International Criminal Law as a Means to Fight the 'Hostes Humani Generis'? - On the Dangers of the Concept of Enemy Criminal Law (Andreas Werkmeister).
Описание: This book discusses the relation between morality and politics, and morality and law, a field that has been studied for more than two thousand years The law is a part of human culture, and this touches upon a dynamic reality that is connected to the relation between nature and freedom, nature and culture.
Celebrating the twentieth anniversary of the groundbreaking Testimony, thiscollection brings together the leading academics from a range of scholarly fields to explore the meaning, use, and value of testimony in law and politics, its relationship to other forms of writing like literature and poetry, and its place in society. It visits testimony in relation to a range of critical developments, including the rise of Truth Commissions and the explosion and radical extension of human rights discourse; renewed cultural interest in perpetrators of violence alongside the phenomenal commercial success of victim testimony (in the form of misery memoirs); and the emergence of disciplinary interest in genocide, terror, and other violent atrocities. These issues are necessarily inflected by the question of witnessing violence, pain, and suffering at both the local and global level, across cultures, and in postcolonial contexts. At the volume's core is an interdisciplinary concern over the current and future nature of witnessing as it plays out through a 'new' Europe, post-9/11 US, war-torn Africa, and in countless refugee and detention centers, and as it is worked out by lawyers, journalists, medics, and novelists. The collection draws together an international range of case-studies, including discussion of the former Yugoslavia, Gaza, and Rwanda, and encompasses a cross-disciplinary set of texts, novels, plays, testimonial writing, and hybrid testimonies. The volume situates itself at the cutting-edge of debate and as such brings together the leading thinkers in the field, requiring that each address the future, anticipating and setting the future terms of debate on the importance of testimony.
Описание: Celebrating the twentieth anniversary of the groundbreaking Testimony, this collection brings together the leading academics from a range of scholarly fields to explore the meaning, use, and value of testimony in law and politics, its relationship to other forms of writing like literature and poetry, and its place in society. It visits testimony in relation to a range of critical developments, including the rise of Truth Commissions and the explosion and radical extension of human rights discourse; renewed cultural interest in perpetrators of violence alongside the phenomenal commercial success of victim testimony (in the form of misery memoirs); and the emergence of disciplinary interest in genocide, terror, and other violent atrocities. These issues are necessarily inflected by the question of witnessing violence, pain, and suffering at both the local and global level, across cultures, and in postcolonial contexts. At the volume’s core is an interdisciplinary concern over the current and future nature of witnessing as it plays out through a ‘new’ Europe, post-9/11 US, war-torn Africa, and in countless refugee and detention centers, and as it is worked out by lawyers, journalists, medics, and novelists. The collection draws together an international range of case-studies, including discussion of the former Yugoslavia, Gaza, and Rwanda, and encompasses a cross-disciplinary set of texts, novels, plays, testimonial writing, and hybrid testimonies. The volume situates itself at the cutting-edge of debate and as such brings together the leading thinkers in the field, requiring that each address the future, anticipating and setting the future terms of debate on the importance of testimony.
Описание: Due to rapid developments in the communication sector, the right to privacy faces new challenges. The increasing digitization and internationalization of communication processes have raised a number of issues, and lead to conflicts wherever national legal systems and moral concepts collide. Particularly in the areas of data protection and liability of online service providers, universal approaches are required. This title presents positions of specialists in Europe, Australia, the US and Canada which contribute to the international dialogue and thereby offer a starting point for a sustainable policy for the protection of privacy rights
Описание: This book examines the social dynamics behind the creation of internationalized criminal law.
Автор: Pittaro Michael Название: Global Perspectives on Reforming the Criminal Justice System ISBN: 1799868850 ISBN-13(EAN): 9781799868859 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 23978.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The often-tenuous relationship between law enforcement and communities of color, namely African Americans, has grown increasingly strained, and the call for justice has once again ignited the demand for criminal justice reform. Rebuilding the trust between the police and the citizens that they have sworn to protect and serve requires that criminal justice practitioners and educators collaborate with elected officials and commit to an open, ongoing dialogue on the most challenging issues that remain unresolved but demand collective attention and support. Reform measures are not limited to policing policies and practices, but rather extend throughout the criminal justice system. There is no denying that the criminal justice system as we know it is flawed, but not beyond repair.
Global Perspectives on Reforming the Criminal Justice System provides in-depth and current research about the criminal justice system around the world, its many inadequacies, and why it urgently needs reformation. Offering a fully fleshed outline of the current system, this book details the newest research and is incredibly important to fully understand the flaws of the criminal justice system across the globe. The goals of this book are to improve and advance the criminal justice system by addressing the glaring weaknesses within the system and discuss potential reforms including decreasing the prison population (decarceration) and improving police/community relations. Highlighting topics that include accountability, community-oriented policing, ethics, and mass incarceration, this book is ideal for law enforcement officers, trainers/educators, government officials, policymakers, correctional officers, court officials, professionals, researchers, academicians, and students in the fields of criminal justice, criminology, sociology, psychology, addictions, mental health, social work, public policy, and public administration.
Автор: Anderson John, Murphy Brendon, Livings Ben Название: Criminal Law Perspectives: From Principles to Practice ISBN: 1108868207 ISBN-13(EAN): 9781108868204 Издательство: Cambridge University Press Рейтинг: Цена: 28140.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Taking a comparative approach Criminal Law Perspectives focuses on prevalent summary offences and covers substantive Federal offences. Complex doctrines are coherently explained by linking concepts to practical applications with context coupled with rich pedagogy to encourage student engagement.
Автор: Claes Lernestedt, Ester Herlin-Karnell, Rita Haverkamp Название: What is Wrong with Human Trafficking?: Critical Perspectives on the Law ISBN: 150994527X ISBN-13(EAN): 9781509945276 Издательство: Bloomsbury Academic Рейтинг: Цена: 6334.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The overarching objective of this volume is to discuss and critique the legal regulation of human trafficking in national and transnational context. Specifically, discussion is needed not only with regard to the historical and philosophical points of departure for any criminalisation of trafficking, but also, regarding the societal and social framework, the empirical dimension such as existing statistics in the area, and the need for more data. The book combines descriptive and normative analyses of the crime of trafficking in human beings from a cross-legal perspective. Notwithstanding the enhanced interest for human trafficking in politics, the public and the media, a critical perspective such as the one pursued herewith has so far been largely absent. Against this background, this approach allows for theoretical findings to be addressed by pointing out and elaborating different, interdisciplinary conflicts and inconsistencies in the regulation of human trafficking. The book discusses the phenomenon of human trafficking critically from various angles, giving it ‘shape’ and showing how it comes to life in the legal regulation.
Автор: Ernest Uwakie, Ryan Getty, Mercedes Valadez, Jennifer Noble Название: Critical Issues in Criminal Justice: Historical Perspectives ISBN: 1516538765 ISBN-13(EAN): 9781516538768 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 12408.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Featuring chapters written by various experts in the discipline, Critical Issues in Criminal Justice: Historical Perspectives provides students with well-researched information regarding vital developments in the field of criminal justice, all the while framing these developments with historical context and insight. The book features five distinct sections. In Section I, chapters address the need for diversity in policing, the relationship between the economy, police staffing, and crime rates, use of force in policing, and terrorism. Section II offers chapters on the effects of mass incarceration on minorities and restorative justice. In Section III, students read about DNA evidence in court cases, the criminal justice system and the media, and the challenge of child pornography cases. Section IV addresses special topics, including criminal justice education, immigration policy, PTSD and healing in criminal justice personnel, and transitional justice. The final section provides perspectives on implicit bias in law enforcement, juvenile justice in California, and new standards and principles for policing. Critical Issues in Criminal Justice explores the history of the criminal justice system, both its trials and triumphs, in an effort to encourage future practitioners to learn from the past and move the discipline forward. It is ideal for criminal justice courses and programs.
Описание: This book considers how access to justice is affected by restrictions to legal aid budgets and increasingly prescriptive service guidelines. As common law jurisdictions, England and Wales and Australia, share similar ideals, policies and practices, but they differ in aspects of their legal and political culture, in the nature of the communities they serve and in their approaches to providing access to justice. These jurisdictions thus provide us with different perspectives on what constitutes justice and how we might seek to overcome the burgeoning crisis in unmet legal need. The book fills an important gap in existing scholarship as the first to bring together new empirical and theoretical knowledge examining different responses to legal aid crises both in the domestic and comparative contexts, across criminal, civil and family law. It achieves this by examining the broader social, political, legal, health and welfare impacts of legal aid cuts and prescriptive service guidelines. Across both jurisdictions, this work suggests that it is the most vulnerable groups who lose out in the way the law now operates in the twenty-first century. This book is essential reading for academics, students, practitioners and policymakers interested in criminal and civil justice, access to justice, the provision of legal assistance and legal aid.
Автор: Marijke Malsch, Marius Duker Название: Incapacitation: Trends and New Perspectives ISBN: 140943995X ISBN-13(EAN): 9781409439950 Издательство: Taylor&Francis Рейтинг: Цена: 22968.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book discusses the topic of incapacitation from various angles and perspectives. It explores how theories of justice and objectives of punishment are affected by the new emphasis on incapacitation. It also looks at how criminal justice practice is changing as a consequence of this new emphasis. The book presents an overview of these trends.
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