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This book examines the procedural, cultural, and institutional framework of custodial interrogation in India. It explores theoretical and practical perspectives…
on custodial interrogation practices in India which have been in urgent need for reform and critiques the systemic failure on the part of the police in India to implement suspects’ rights uniformly. This volume, — Analyses the Indian framework of custodial interrogation to identify its fundamental flaws, and emphasises on the need for having a lawyer present during custodial interrogation; — Demonstrates significant evidence on state of suspects’ rights in India through comparative law methodologies with a focus on common law scholarship and jurisprudence, more particularly England and Wales, and supplemented by vital empirical research through key interviews with related institutional parties; — Discusses emerging, seminal jurisprudence of the European Court of Human Rights on applications of the right to fair trial at the custodial interrogation stage, especially shedding light on modern applications of the right to legal assistance in England and Wales, and radical Strasbourg-inspired reforms in other European jurisdictions; — Highlights the right to legal assistance as one of the viable solutions to break the culture of police lawlessness at this critical stage of the criminal process. An invigorating study, this book is aimed at enriching data and hypothesis for academics, policy makers, civil society organizations, and students working in the area of law and legal studies, police and policing, citizenship, and political science.Indigenous Children’s Right to Participate in Law and Policy Development (Routledge Research in Human Rights Law)
Par Holly Doel-Mackaway. 2022
This book presents a model for reforming and developing Indigenous related legislation and policy, not only in Australia, but also…
in other jurisdictions. The model provides guidance about how to seek, listen to and respond to the voices of Indigenous children and young people. The participation of Indigenous children and young people, when carried out in a culturally and age-appropriate way and based on free, prior and informed consent, is an invaluable resource capable of empowering children and young people and informing Indigenous related legislation and policy. This project contributes to the emerging field of robust, ethically sound, participatory research with Indigenous children and young people and proposes ways in which Australian and international legislators and policymakers can implement the principle of children’s participation by involving Aboriginal children and young people in the development of law and policy pertaining to their lives. This book provides accounts from Aboriginal children and young people detailing their views on how they can be involved in law and policy development in the future. It shows the latest state of knowledge on the topic and will be of interest to researchers, academics, policymakers, legislators, and students in the fields of human rights law, children’s rights, participation rights, Indigenous peoples’ law, and family, child and social welfare law.Courthouse Architecture, Design and Social Justice
Par Emma Henderson, Kirsty Duncanson. 2022
This collection interrogates relationships between court architecture and social justice, from consultation and design to the impact of material (and…
immaterial) forms on court users, through the lenses of architecture, law, socio-legal studies, criminology, anthropology, and a former high court judge. International multidisciplinary collaborations and single-author contributions traverse a range of methodological approaches to present new insights into the relationship between architecture, design, and justice. These include praxis, photography, reflections on process and decolonising practice, postcolonial, feminist, and poststructural analysis, and theory from critical legal scholarship, political science, criminology, literature, sociology, and architecture. While the opening contributions reflect on establishing design principles and architectural methodologies for ethical consultation and collaboration with communities historically marginalised and exploited by law, the central chapters explore the textures and affects of built forms and the spaces between; examining the disjuncture between design intention and use; and investigating the impact of architecture and the design of space. The collection finishes with contemplations of the very real significance of material presence or absence in courtroom spaces and what this might mean for justice. Courthouse Architecture, Design and Social Justice provides tools for those engaged in creating, and reflecting on, ethical design and building use, and deepens the dialogue across disciplinary boundaries towards further collaborative work in the field. It also exists as a new resource for research and teaching, facilitating undergraduate critical thought about the ways in which design enhances and restricts access to justice.At the intersection of law, literature and history, this book interrogates how a dominant contemporary idea of law emerged out…
of specific ideas of reading in the nineteenth century. Reading shapes our identities. How we read shapes who we are. Reading also shapes our conceptions of what the law is, because the law is also a practice of reading. Focusing on the works of key Victorian writers closely associated with legal practice, this book addresses the way in which the identity of the reader of law has been modelled on the identity of the political elite. At the same time, it shows how other readers of law have been marginalized. The book thus shows how a construction of the law has emerged from the ordering of a power that discriminates between different readers and readings. More specifically, and in response to the emerging media of photography – and, with it, potentially subversive ideas of exposure and visibility – the book shows that there have been dominant, hidden and unrecognised guides to legal reading and to legal thought. And in making these visible, the book also aims to make them contestable. This secret history of law will appeal to legal historians, legal theorists, those working at the intersection of law and literature and others with interests in law and the visual.Power, Race, and Justice: The Restorative Dialogue We Will Not Have
Par Theo Gavrielides. 2022
We are living in a world where power abuse has become the new norm, as well as the biggest, silent…
driver of persistent inequalities, racism and human rights violations. The COVID-19 socio-economic consequences can only be compared with those that followed World War II. As humanity is getting to grips with them, this timely book challenges current thinking, while creating a much needed normative and practical framework for revealing and challenging the power structures that feed our subconscious feelings of despair and defeatism. Structured around the four concepts of power, race, justice and restorative justice, the book uses empirical new data and normative analysis to reconstruct the way we prevent power abuse and harm at the inter-personal, inter-community and international levels. This book offers new lenses, which allow us to view power, race and justice in a modern reality where communities have been silenced, but through restorative justice are gaining voice. The book is enriched with case studies written by survivors, practitioners and those with direct experiences of power abuse and inequality. Through robust research methodologies, Gavrielides’s new monograph reveals new forms of slavery, while creating a new, philosophical framework for restorative punishment through the acknowledgement of pain and the use of catharsis for internal transformation and individual empowerment. This is a powerful and timely book that generates much needed hope. Through a multi-disciplinary dialogue that uses philosophy and critical theory, social sciences, criminology, law, psychology and human rights, the book opens new avenues for practitioners, researchers and policy makers internationally.Global Finance in the 21st Century: Stability and Sustainability in a Fragmenting World explains finance and its regulation after the…
global financial crisis. The book introduces non-finance scholars into the wider debate regarding the conduct and regulation of finance to encourage broader discussion on important societal issues that relate to finance. The book also explores the ineffectiveness of the current approach to global prudential governance and places this discussion within the more expansive context of global governance and nationalism in the twenty-first century. The book argues that fragmentation and the growing trend of promoting informality and voluntarism has facilitated a return to nationalism as a primary form of global governance that acts contrary to post-crisis reforms that seek to promote stability and sustainability in the conduct of finance. As a remedy, Kourabas suggests that we need more, not less, of what we have traditionally conceived as international law – treaties and treaty-based international organisations. In the field of finance, this means not only pursuing financial liberalisation through free trade and investment treaties, but also the inclusion of provisions in these treaties that promotes systemic financial stability and sustainable development objectives. Of interest to legal and non-legal academics and students, legal professionals and policy-makers, this book offers a nuanced defence of international law as an approach to global governance in finance and beyond, as well as reform of international law to meet the needs of twenty-first century society.Dignity and International Human Rights Law: An Introduction to the Punta del Este Declaration on Human Dignity for Everyone Everywhere (ICLARS Series on Law and Religion)
Par Brett G. Scharffs, Ewelina U. Ochab. 2022
The Punta del Este Declaration, and this book dedicated to elaborating upon it, is devoted to exploring the ways that…
human dignity for everyone everywhere can be a useful tool in helping to address the challenges and strains facing human rights in the world today. In 2018, an initiative was instigated to revitalize the human rights project by way of engaging the notion of human dignity. This resulted in the Punta Del Este Declaration on Human Dignity for Everyone Everywhere (Punta Del Este Declaration), a declaration co-authored by over 30 human rights experts from all over the world. The Punta Del Este Declaration simplifies and brings coherence to the concept of human dignity in 10 brief statements that capture the many dimensions and aspects of human dignity and the practical ways that human dignity is useful in the promotion of human rights. This book provides an overview of how the notion of human dignity has been used to strengthen human rights. It discusses how human dignity playsmany different roles in human rights discourse and has the force to revitalize the human rights project; it is the foundational principle upon which the human rights project is built. But it is also the telos, or end goal, of human rights. At the same time, it is an important evaluative mechanism for assessing how well a country is doing in the implementation of human rights. The book will be a valuable resource for all those working in the areas of International Human Rights Law, Legal Philosophy, and Law and Religion.Media Law and Ethics: A Casebook
Par Roy L. Moore, Michael D. Murray, Kyu Ho Youm. 2022
This comprehensive textbook provides a thoughtful introduction to both the legal and ethical considerations relevant to students pursuing careers in…
communication and media. The fully revised, sixth edition continues to integrate fundamental legal and ethical principles with cases and examples from both landmark moments and recent history. It expands upon the previous edition's exploration of international and non-U.S. law, introduces a new chapter on digital and social media, and incorporates discussion of new technologies and media throughout its coverage of core topics such as privacy, intellectual property, defamation and commercial speech. Coverage of recent court cases and congressional hearings brings readers up to date on the evolving discussion surrounding Facebook, Twitter and today’s other major online players. This hybrid textbook is ideal for undergraduate and graduate courses in media and communication that combine law and ethics. Online resources including chapter PowerPoint slides, study guides and sample teaching materials are available at www.routledge.com/cw/mooreThis book offers a social theoretical analysis of imaginaries as constituent social forces of positive law and politics. Constitutional imaginaries…
invite constitutional and political theorists, philosophers and sociologists to rethink the concept of constitution as the normative legal limitation and control of political power. They show that political constitutions include societal forces impossible to contain by legal norms and political institutions. The constitution of society as one polity defined by the unity of topos-ethnos-nomos, that is the unity of territory, people and their laws, informed the rise of modern nations and nationalisms as much as constitutional democratic statehood and its liberal and republican regimes. However, the imaginary of polity as one nation living on a given territory under the constitutional rule of law is challenged by the process of European integration and its imaginaries informed by transnational legal and societal pluralism, administrative governance, economic performativity and democratically mobilised polity. This book discusses the sociology of imagined communities and the philosophy of modern social imaginaries in the context of transnational European constitutionalism and its recent theories, most notably the theory of societal constitutions. It offers a new approach to the legal constitutions as societal power formations evolving at national, European and global levels. The book will be of interest to scholars and students interested in constitutional and European law theory and philosophy as much as interdisciplinary and socio-legal studies of transnational law and society.This book is the first of its kind to discuss doping within Non-Olympic Sports. Sports like American football, cricket and…
dance sports have, in recent years, been in the news for doping activities. The scale of the incidents may differ in each of these sports, but they present interesting questions about the legitimacy of the World Anti-Doping Agency (WADA) Code. Doping in Non-Olympic Sports: Challenging the legitimacy of WADA? argues against the International Olympic Committee (IOC)-run regime where WADA Code compliance is used as the only parameter to define an activity as a sport. The book argues that the definition of modern sport is based on certain factors identified through sociological and historical research. These parameters are common across the board and do not distinguish between Olympic and Non-Olympic sports. However, the use of the word Olympic in the Non-Olympic sport terminology subjects such sports to IOC dictates. Consequently, the IOC exploits its monopoly over the word Olympics to insist on WADA Code compliances. The numerous instances of doping, as reported, go on to prove that WADA is turning a blind eye to these Non-Olympic sports. This book is the first to dissect the issue of doping within Non-Olympic sports and questions the very idea of WADA compliance as a condition precedent to defining sports going on to highlight the inbuilt inequity within the existing anti-doping system wherein a private regime is usurping the State’s discretion. The new, cutting edge research book is key reading for academics and researchers in the fields of Coaching, Sport Pharmacology, Sport Medicine, Sports Law, and the related disciplines.EU Private Law and the CISG: The Effects for National Law
Par Zvonimir Slakoper, Ivan Tot. 2022
EU Private Law and the CISG examines selected EU directives in the field of private law and their effects on…
the national private law systems of several EU Member States and discusses certain specific concepts of the United Nations Convention on Contracts for the International Sale of Goods (CISG) in light of the CISG’s recent fortieth anniversary. The most prominent influence of EU law on national private law systems is in the area of the law of obligations, thus the book focuses on several EU private law directives that cover the issues belonging to contract and tort law, as interpreted in the case law of the Court of Justice of the EU. EU private law concepts need to be interpreted autonomously and uniformly rather than through the lens of national private law systems. The same is true for the CISG which has not only been one of the most successful instruments of the international trade law unification but had also influenced both the EU private law and domestic laws. In Part I, focused on the EU private law and its effects for national laws, chapters examine the recent Digital Content and Services Directive and its likely impact on the contract law of the UK and Ireland, the role aggressive commercial practices play in EU banking and credit legislation, the applicability of the EU private international law rules to collective redress, the unfair contract terms regime of the Late Payment Directive and its transposition into Croatian law, the implementation of the Commercial Agency Directive in Denmark, Estonia and Germany, and disgorgement of profits as remedy provided in the Trade Secrets Directive. In Part II, dealing with selected CISG issues, chapters discuss the autonomous interpretation of CISG’s concept of sale by auction and its notion of intellectual property, as well as the CISG’s principle of freedom of form and the possibility for reservations with the effect of its exclusion. The book will be of interest to legal scholars in the field of EU private law and international trade law, as well as to the students, practitioners, members of law reform bodies, and civil servants in Europe, and beyond.Patent Law and Women: Tackling Gender Bias in Knowledge Governance
Par Jessica C. Lai. 2022
This book analyses the gendered nature of patent law and the knowledge governance system it supports. The vast majority of…
patented inventions are attributed to male inventors. While this has resulted in arguments that there are not enough women working in science, technology, engineering and mathematics, this book maintains that the issue lies with the very nature of patent law and how it governs knowledge. The reason why fewer women patent than men is that patent law and the knowledge governance system it supports are gendered. This book deconstructs patent law to reveal the multiple gendered binaries it embodies, and how these in turn reflect gendered understandings of what constitutes science and an invention, and a scientist and an inventor. Revealing the inherent biases of the patent system, as well as its reliance on an idea of the public domain, the book argues that an egalitarian knowledge governance system must go beyond socialised binaries to better govern knowledge creation, dissemination and maintenance. This book will appeal to scholars and policymakers in the field of patent law, as well as those in law and other disciplines with interests in law, gender and technology.Islamic Law and Society: The Practice Of Iftā’ And Religious Institutions (Islamic Law in Context)
Par Emine Enise Yakar. 2022
This book places context at the core of the Islamic mechanism of iftā’ to better understand the process of issuing…
fatwās in Muslim and non-Muslim countries, thus highlighting the connection between context and contemporaneity, on one hand, and the adaptable perception of Islamic law, on the other. The practice of iftā’ is one of the most important mechanisms of Islamic law that keeps Islamic thought about ethical and legal issues in harmony with the demands, exigencies and developments of time. This book builds upon the existing body of work related to the practice of iftā’, but takes the discussion beyond the current debates with the intent of unveiling the interaction between Islamic legal methodologies and different environmental contexts. The book specifically addresses the three institutions (Saudi Arabia’s Dār al-Iftā’, Turkey’s Diyanet and America’s FCNA) and their Islamic legal opinions (fatwās) in a comparative framework. This demonstrates the existence of complex and diverse ideas around similar issues within contemporary Islamic legal opinions that is further complicated by the influence of international, social, political, cultural and ideological contexts. The book thus unveils a more complicated range of interactive constituents in the process of the practice of iftā’ and its outputs, fatwās. The work will be of interest to academics and researchers working in the areas of Islamic law, Middle Eastern studies, religion and politics.Digital Technologies and the Law of Obligations
Par Zvonimir Slakoper, Ivan Tot. 2022
Digital Technologies and the Law of Obligations critically examines the emergence of new digital technologies and the challenges they pose…
to the traditional law of obligations, and discusses the extent to which existing contract and tort law rules and doctrines are equipped to meet these new challenges. This book covers various contract and tort law issues raised by emerging technologies – including distributed ledger technology, blockchain-based smart contracts, and artificial intelligence – as well as by the evolution of the internet into a participative web fuelled by user-generated content, and by the rise of the modern-day collaborative economy facilitated by digital technologies. Chapters address these topics from the perspective of both the common law and the civil law tradition. While mostly focused on the current state of affairs and recent debates and initiatives within the European Union regulatory framework, contributors also discuss the central themes from the perspective of the national law of obligations, examining the adaptability of existing legal doctrines to contemporary challenges, addressing the occasional legislative attempts to deal with the private law aspects of these challenges, and pointing to issues where legislative interventions would be most welcomed. Case studies are drawn from the United States, Singapore, and other parts of the common law world. Digital Technologies and the Law of Obligations will be of interest to legal scholars and researchers in the fields of contract law, tort law, and digital law, as well as to legal practitioners and members of law reform bodies.Divorce in Kansas: The Legal Process, Your Rights, and What to Expect (Divorce In)
Par Stephanie Tucker Muir, Scott M. Mann, Scott M Mann. 2017
Providing accurate and objective information to help make the right decisions during a divorce in Kansas, this guide provides answers…
to 360 queries such as How quickly can one get a divorce? Who decides who gets the cars, the pets, and the house? What actions might influence child custody? How are bills divided and paid during the divorce? How much will a divorce cost? and Will a spouse have to pay some or all attorney fees? Structured in a question-and-answer format, this handbook provides clear responses to help build confidence and give the peace of mind needed to meet the challenges of a divorce proceeding.Law and the Invisible Hand: A Theory of Adam Smith's Jurisprudence
Par Robin Paul Malloy. 2022
A contemporary interpretation of Adam Smith's work on jurisprudence, revealing Smith's belief that progress emerges from cooperation and a commitment…
to justice. In Smith's theory, the tension between self–interest and the interests of others is mediated by law, so that the common interest of the community can be promoted. Moreover, Smith informs us that successful societies do at least three things well. They promote the common interest, advance justice through the rule of law, and they facilitate our natural desire to truck, barter, and exchange. In this process, law functions as an invisible force that holds society together and keeps it operating smoothly and productively. Law enhances social cooperation, facilitates trade, and extends the market. In these ways, law functions like Adam Smith's invisible hand, guiding and facilitating the progress of humankind.Democracies and International Law (Hersch Lauterpacht Memorial Lectures)
Par Tom Ginsburg. 2021
Democracies and authoritarian regimes have different approaches to international law, grounded in their different forms of government. As the balance…
of power between democracies and non-democracies shifts, it will have consequences for international legal order. Human rights may face severe challenges in years ahead, but citizens of democratic countries may still benefit from international legal cooperation in other areas. Ranging across several continents, this volume surveys the state of democracy-enhancing international law, and provides ideas for a way forward in the face of rising authoritarianism.The First Fifteen: How Asian American Women Became Federal Judges
Par Susan Oki Mollway. 2022
In 1998, an Asian woman first joined the ranks of federal judges with lifetime appointments. It took ten years for…
the second Asian woman to be appointed. Since then, however, over a dozen more Asian women have received lifetime federal judicial appointments. This book tells the stories of the first fifteen. In the process, it recounts remarkable tales of Asian women overcoming adversity and achieving the American dream, despite being the daughters of a Chinese garment worker, Japanese Americans held in internment camps during World War II, Vietnamese refugees, and penniless Indian immigrants. Yet The First Fifteen also explores how far Asian Americans and women still have to go before the federal judiciary reflects America as a whole. In a candid series of interviews, these judges reflect upon the personal and professional experiences that led them to this distinguished position, as well as the nerve-wracking political process of being nominated and confirmed for an Article III judgeship. By sharing their diverse stories, The First Fifteen paints a nuanced portrait of how Asian American women are beginning to have a voice in determining American justice.Media Coverage of Crime and Criminal Justice
Par Matthew B. Robinson. 2018
Media Coverage of Crime and Criminal Justice critically examines the media to identify how crime and criminal justice are treated…
in the news, entertainment, and infotainment media. The book sheds light on important realities of crime and criminal justice and corrects major misconceptions created by coverage of crime and criminal justice in the media. While there are other texts on the market focused on the impact of mass media on criminal justice, this text is the only one that starts with the issue of corporate ownership of the mass media as a problem for gaining an accurate understanding of the realities of crime and criminal justice. The third edition updates the second with the latest studies focusing on media coverage of crime, police, courts, and corrections, with an expansive new section on media coverage of capital punishment. Further, studies and examinations of entertainment media (e.g., television shows, movies) are incorporated into this new edition. Unique among media books, the author presents basic information about the media in the introductory chapters and then applies this information to specific issues of crime and criminal justice in the rest of the book. By focusing on the same issues and themes throughout, learning of key concepts is furthered as they are applied to real-world media. The book addresses media coverage of law-making and crime, policing, courts, and corrections, as well as how the media both help and hinder effective crime control and crime prevention efforts.The Odyssey of Homer ( An Adapted Classic)
Par Homer, Henry I. Christ. 1992
Homer's great epic describes the many adventures of Odysseus, Greek warrior, as he strives over many years to return to…
his home island of Ithaca after the Trojan War. His colorful adventures, his endurance, his love for his wife and son have the same power to move and inspire readers today as they did in Archaic Greece, 2800 years ago.