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This book critically analyzes the criminalization of incitement to terrorism under the fundamental principles of legality, necessity, and proportionality with…
the aim of striking a fair balance between security and liberty on this complicated issue. The criminalization of incitement to terrorism has gained momentum, but no exact or generally accepted definition of this offense exists at the international level. What’s more, given that the criminalization of incitement to terrorism results in restrictions on the exercise of citizens’ freedom of expression, there should be certain limitations on those criminal measures to avoid unnecessary or disproportionate infringement of this fundamental human right. Nevertheless, there has not been a precise standard by which to determine how to draw the line between anti-terrorism and the protection of freedom of expression. Hence, it could be concluded that the criminalization of incitement to terrorism concerns how to balance security and liberty, and the safeguarding principles of legality, necessity, and proportionality should be fully observed in considering this issue.This book studies definitions of “incitement”, “terrorism”, and “incitement to terrorism” under the relevant international and national legislation, and points out the existing absence, ambiguousness, or substantive divergence in defining actus reus and mens rea regarding incitement to terrorism. It carefully considers the current need for and essential limitations on criminal measures against incitement to terrorism in accordance with the principles of necessity and proportionality, and particularly focuses on how to balance the protection of freedom of expression with the criminalization of incitement to terrorism. In considering how to draw a line between the two, the book formulates precise requirements for objective and subjective elements of this offense in accordance with the principle of legality.Given its scope, it will be of interest not only to academics, human rights lawyers and practitioners, but also to policymakers, as it offers an extensive evaluation of the effects and counter-effects of existing criminal measures.Forensic Investigation of Sex Crimes and Sexual Offenders
Par Jeffery T. Walker, Chris Rush Burkey, Tusty Ten Bensel. 2013
The investigation of sex crimes is a specific function for many law enforcement agencies, requiring an understanding of how to…
investigate, process crime scenes, interact with victims and offenders, and prepare for court. Drawing on new methods of investigation and the effects of such crimes on victims, Forensic Investigation of Sex Crimes and Sexual Offenders provides in-depth coverage in these areas, offering a valuable supplement for criminal justice courses and an accessible guide for law enforcement.First Published in 1995. Since many Japanese immigrants focused on agriculture, California and other western states sought to discourage their…
presense by passing laws making it impossible for Japanese to own agricultural land and enacted other discriminatory as well. The articles in this volume explore the background and ramifications of the so-called Alien Land laws and other anti-Japanese measures and the fascinating legal challenges that ensued.Max Weber's Interpretive Sociology of Law
Par Michel Coutu. 2018
This book presents a clear and precise account of the structure and content of Max Weber's sociology of law: situating…
its methodological and epistemological specificity in relation to other approaches to the sociology of law; as well as offering a critical evaluation of Weber's usefulness for contemporary socio-legal research. The book is divided into three parts. The first part deals with the methodological foundations of Weber's sociology of law. The second analyses the central theme of this sociology, the rationalisation of law, from the perspective of its internal logical coherence, its empirical validity, and finally its legitimacy. The third part questions the present-day relevance of the Weberian sociology of law for socio-legal research, notably with regard to legal pluralism. Max Weber, it is demonstrated, is not merely a 'founding father' of the sociology of law; rather, his methodology, concepts, and empirical analyses remain highly useful to the further development of work in this area.Urban Migration and Public Governance in China: A Case Study of Shanghai (Public Economy and Urban Governance in China)
Par Shangguang Yang, Danyang Wang. 2023
This book, focusing on urban migration and public governance, reviews on the concepts and theories of urban migration and urban…
governance across the globe and sums up world migration trends and policy changes, coupled with the characteristics and types of China’s urban migration. What differs this book from other books is that it probes into the main factors and mechanisms influencing urban migration and inclusion, and that it adopts Shanghai as a sample and capitalizes on Shanghai’s urban migration data to verify the subjective and objective reasons affecting urban migrants’ inclusion. Moreover, this book takes a further step to conduct a theoretical reflection from the perspectives of population migration and migration policies and explores current dilemmas facing China in terms of urban migration management and possible ways to make a difference. In the final part, this book puts forward some theory-based and practicable countermeasures to transform urban migration governance in China.The Climate Threat. Crisis for Democracy?
Par Jon Naustdalslid. 2023
A key point in the book is the need to focus more seriously at the energy problem as the real…
problem behind global warming. The failure of global climate policies to reduce CO2 emissions and halt climate change has led an increasing number of scientist and activists to lose confidence in democracy's ability to handle climate change and led them to look to more authoritarian measures to meet the problem. The book documents these trends, also from a historical perspective, criticize them and sketches more democratic alternatives.Privatization, Vulnerability, and Social Responsibility: A Comparative Perspective (Gender in Law, Culture, and Society)
Par Martha Albertson Fineman, Ulrika Andersson, Titti Mattsson. 2017
Taking a cross-cultural perspective, this book explores how privatization and globalization impact contemporary feminist and social justice approaches to public…
responsibility. Feminist legal theorists have long problematized divisions between the private and the political, an issue with growing importance in a time when the welfare state is under threat in many parts of the world and private markets and corporations transcend national boundaries. Because vulnerability analysis emphasizes our interdependency within social institutions and the need for public responsibility for our shared vulnerability, it can highlight how neoliberal policies commodify human necessities, channeling unprofitable social relationships, such as caretaking, away from public responsibility and into the individual private family. This book uses comparative analyses to examine how these dynamics manifest across different legal cultures. By highlighting similarities and differences in legal responses to vulnerability, this book provides important insights and arguments against the privatization of social need and for a more responsive state.Interviewing and Deception (Routledge Revivals)
Par David Canter, Laurence Alison. 1999
First published in 1999, this volume brings together a unique range of previously unpublished studies that explore the psychological processes…
involved in interviewing, statement validation, detecting deception and the use of expert witnesses for the examination of such processes. One major challenge of any police enquiry is to filter out the distortions in the collection, collation and employment of the information on which all subsequent actions rely. These distortions may be produced by poor witness recall, deliberate obfuscation and deception, professional negligence or as a product of a variety of communication problems. The contributors to the volume tackle these and many related issues. Recent developments in our understanding of the investigative interview process are covered in a number of insightful studies by leading researchers, combining academic rigour with direct practical relevance. The wide range of topics covered in this volume will be of value and interest to all students of crime and its investigation as well as those who have a broader interest in interviewing and the assessment of information from naturally occurring accounts. Social scientists and those psychologists concerned to develop their understanding of accounts of crime will find the volume of particular utility, as will all those in law enforcement who wish to see an improvement in these crucial aspects of all criminal investigations.The Constitutional Value of Sunset Clauses: An historical and normative analysis
Par Antonios Emmanouil Kouroutakis. 2017
In recent years, sunset clauses have mostly been associated with emergency legislation introduced in the wake of terrorist attacks. However,…
as this book demonstrates, they have a long history and a substantial constitutional impact on the separation of powers and the rule of law. In addition, the constitutional value of such clauses is examined from certain neglected normative aspects pertaining to concepts such as deliberative and consensus democracy, parliamentary sovereignty and constitutional dialogue. The work is an amalgam of three perspectives: the historical, the positive and the normative. All three are intertwined and each subsequent part builds upon the findings of the previous one. The historical perspective investigates the historical development of sunset clauses since the first Parliaments in England. The positive perspective examines the legal effect and the contemporary utility of sunset clauses. Finally, the normative perspective analyses their interaction with several models of separation of powers, and their influence on the dialogue between various institutions as it values their impact on the rule of law, formal and substantive. The detailed examination of this topical subject will be a valuable resource for academics, researchers and policy makers.Environmental Mediation: An International Survey (Routledge Research in International Environmental Law)
Par Catherine Choquette, Véronique Fraser. 2018
Environmental mediation continues to develop and evolve in different jurisdictions across the world in order to prevent potential environmental conflicts…
or to resolve the conflicts while avoiding the inherent drawbacks of an adjudicated solution. This book takes a comparative approach to explore the legal framework of environmental mediation with a focus on the judicial, administrative and private procedures and the criteria for accrediting mediators in a range of jurisdictions across the world. It also examines practical considerations for environmental mediators while analysing the effectiveness of different mediation processes.Dynamic Federalism: A New Theory for Cohesion and Regional Autonomy (Comparative Constitutional Change)
Par Patricia Popelier. 2021
This book offers a new theory of federalism. The work critically discusses traditional federal theories and builds on theories that…
focus on the dynamics of federalism. It offers a definition of federalism and federal organizations that encompasses both new and old types of multi-tiered system. Unlike traditional federal theory, it is well-suited to research both multinational and mononational systems. It also takes into account the complexity of these systems, with bodies of governance at the local, regional, national, and supranational level. The book is divided into three parts: the first part outlines the contours of dynamic federalism, based on a critical overview of traditional federal theory; the second part develops comprehensive indexes to measure autonomy and cohesion of multi-tiered systems; and the third part focuses on the dynamics of federal organizations, with a special focus on institutional hubs for change. Dynamic Federalism will be an essential resource for legal, social, economic, and political scholars interested in federalism, regionalism, and de/centralization.Altruism Reconsidered: Exploring New Approaches to Property in Human Tissue (Medical Law and Ethics)
Par Urban Wiesing, Peter Sýkora. 2009
As the use of human body parts has become increasingly commercialized, a need has arisen for new approaches to regulation…
that moves beyond the paradigm of altruism. During the course of this discussion, the notion of property has become a key concept. Focusing on practical and conceptual perspectives, the multidisciplinary group of authors, which includes specialists in philosophy, law, sociology, biology and medicine, have come together with practicing lawyers to consider both legal provisions and patterns of regulation in countries across Europe. Identifying divergences between different legal traditions, the authors explore various conceptual models which could be used to improve and to guide policy making. With this twin focus on practical and conceptual perspectives, this volume sets the standard for a detailed and innovative discussion of issues surrounding the regulation of research on human tissue.The Silicon Empire: Law, Culture and Commerce (Law, Justice, And Power Ser.)
Par Michael B. Likosky. 2005
Michael Likosky examines the continuities and discontinuities between colonial and present-day high tech transnational legal orders. His concern is specifically…
with the colonial characteristics of the legal order which underpins the global high tech economy. He distinguishes the democratic and human rights rhetoric of this economy from a reality wherein the legal order is often used to reproduce colonial-type relationships. Just as in the colonial period, the expansion of trans-border commerce overlaps with democratic demands and human rights in complex, multifaceted and paradoxical ways. Through a case study looking at Malaysia's Multimedia Super Corridor, a high tech national development plan and foreign direct investment scheme, he examines how the transnational leaders of the high tech economy along with the Malaysian political elite react when human rights problems threaten to derail commercial plans.Controversies in Tax Law: A Matter of Perspective (Controversies in American Constitutional Law)
Par Anthony C. Infanti. 2015
This volume presents a new approach to today’s tax controversies, reflecting that debates about taxation often turn on the differing…
worldviews of the debate participants. For instance, a central tension in academic tax literature - which is filtering into everyday discussions of tax law - exists between 'mainstream' and 'critical' tax theorists. This tension results from a clash of perspectives: Is taxation primarily a matter of social science or of social justice? Should tax policy debates be grounded in economics or in critical race, feminist, queer, and other outsider perspectives? To capture and interrogate what often seems like a chasm between the different sides of tax debates, this collection comprises a series of pairs of essays. Each pair approaches a single area of controversy from two different perspectives - with one essay usually taking a 'mainstream' perspective and the other a 'critical' perspective. In writing their contributions, the authors read and incorporated reactions to each other’s essays and paid specific attention to the influence of perspective on both the area of controversy and their contribution to the debate. With contributions from leading mainstream and critical tax scholars, this volume takes the first step toward bridging the gap between these differing perspectives on tax law and policy.Routledge Handbook of International Family Law
Par Barbara Stark, Jacqueline Heaton. 2019
Globalisation, and the vast migrations of capital and labour that have accompanied it in recent decades, has transformed family law…
in once unimaginable ways. Families have been torn apart and new families have been created. Borders have become more porous, allowing adoptees and mail order brides to join new families and women fleeing domestic violence to escape from old ones. People of different nationalities marry, have children, and divorce, not necessarily in that order. They file suits in their respective home states or third states, demanding support, custody, and property. Otherwise law-abiding parents risk jail in desperate efforts to abduct their own children from foreign ex-spouses. The aim of this Handbook is to provide scholars, postgraduate students, judges, and practioners with a broad but authoritative review of current research in the area of International Family Law. The contributors reflect on a range of jurisdictions and legal traditions and their approaches vary. Each chapter has a distinct subject matter and was written by an author who was invited because of his or her expertise on that subject. This volume provides a valuable contribution to emerging understandings of the subject.Justice and Mercy
Par Reinhold Niebuhr, Ursula Niebuhr. 1974
The story behind the 1940s Commission on Freedom of the Press—groundbreaking then, timelier than ever now"A well-constructed, timely study, clearly…
relevant to current debates."—Kirkus, starred review In 1943, Time Inc. editor-in-chief Henry R. Luce sponsored the greatest collaboration of intellectuals in the twentieth century. He and University of Chicago president Robert Maynard Hutchins summoned the theologian Reinhold Niebuhr, the Pulitzer-winning poet Archibald MacLeish, and ten other preeminent thinkers to join the Commission on Freedom of the Press. They spent three years wrestling with subjects that are as pertinent as ever: partisan media and distorted news, activists who silence rather than rebut their opponents, conspiracy theories spread by shadowy groups, and the survivability of American democracy in a post-truth age. The report that emerged, A Free and Responsible Press, is a classic, but many of the commission&’s sharpest insights never made it into print. Journalist and First Amendment scholar Stephen Bates reveals how these towering intellects debated some of the most vital questions of their time—and reached conclusions urgently relevant today.Law, Modernity, Postmodernity: Legal Change in the Contracting State (Routledge Revivals)
Par Brendan Edgeworth. 2003
This title was first published in 2003. This book examines the interrelationship between the unravelling of the post-war welfare state…
and legal change. By reference to theorists of postmodernity such as Zygmunt Bauman, Scott Lash and John Urry, and David Harvey, the principal argument is that contemporary law and legal institutions can be best understood as having changed in ways that mirror the recent transformation of the interventionist welfare state and its Fordist, Keynesian economic infrastructure. The key changes identified in the legal field include:- the shift toward marketized regulatory structures as reflected in privatization and deregulation, the attenuation of welfare rights, the privatization of justice, legal polycentricity, the reconfiguration of the welfare state’s social citizenship and the globalization of law. Empirical evidence from a number of jurisdictions is adduced to indicate the general direction of change.A Genealogy of Public Security: The Theory and History of Modern Police Powers
Par Giuseppe Campesi. 2016
There are many histories of the police as a law-enforcement institution, but no genealogy of the police as a form…
of power. This book provides a genealogy of modern police by tracing the evolution of "police science" and of police institutions in Europe, from the ancien régime to the early 19th century. Drawing on the theoretical path outlined by Michel Foucault at the crossroads between historical sociology, critical legal theory and critical criminology, it shows how the development of police power was an integral part of the birth of the modern state’s governmental rationalities and how police institutions were conceived as political technologies for the government and social disciplining of populations. Understanding the modern police not as an institution at the service of the judiciary and the law, but as a complex political technology for governing the economic and social processes typical of modern capitalist societies, this book shows how the police have played an active role in actually shaping order, rather than merely preserving it.Planning Across Borders in a Climate of Change (Routledge Advances in Climate Change Research)
Par Wendy Steele, Silvia Serrao-Neumann, Tooran Alizadeh, Leila Eslami-Andargoli. 2014
The fixity or mobility of borders are key themes within the border studies literature and have useful critical application to…
urban and environmental planning through theory, pedagogy and practice. This offers potential for transformative change through the processes of re-bordering and re-orienting established boundary demarcations in ways that support and promote sustainability in a climate of change. Planning Across Borders in a Climate of Change draws on a range of diverse case studies from Australasia, North and South America, Europe, Africa, the Middle East and Asia and offers the application of border theory, concepts and principles to planning as a critical lens. It applies this lens to a range of international case studies in key areas such as climate change adaptation, food security, spatial planning, critical infrastructure and urban ecology. This collection fills an important gap in the border studies literature, bringing climate change considerations to bear on planning. It should be of interest to students, scholars and professionals in the field of urban and environmental planning, climate change adaptation, border studies, urban studies, human and political geography, environmental studies and development.