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Lawless v Ireland: An International Miscarriage of Justice? (Routledge Revivals)
Par Brian Doolan. 2001
This title was first published in 2001. The case of Lawless v Ireland is a landmark in the development of…
human rights jurisprudence. Stemming from the introduction of detention without trial by the Irish government in response to the resurgence of political violence, much of the material relevant to the case brought before the European Court of Human Rights, has remained closed to public scrutiny. This book is the first to provide a detailed documentary of the case, assessing the adequacy of the investigatory processes provided under the European Convention and questioning whether the factual conclusions reached by the European Commission on Human Rights were correct. In what will be an essential reference for academics and students of human rights, the book raises doubts as to whether the Strasbourg institutions, established to rectify national breaches of human rights, might in fact have perpetrated an international miscarriage of justice.Originally published in 1984, the three epistolary works of Christine de Pizan, alongside their translation. They are all personal documents…
from a woman who gave spiritual advice as well as an insight into the real workings of her society.The Poet Auden: A Personal Memoir (Routledge Revivals)
Par A. L. Rowse. 1987
First published in 1987, The Poet Auden is a personal memoir by A.L. Rowse, who knew Auden from the time…
he was an undergraduate at Oxford and kept some touch with him all his life until his final return to Oxford. From those early days he had no doubt of Auden’s genius, and from his own long periods in America he has been able to place the poet’s life and work in the double, perhaps twin, perspective of England and the United States. How far did this dichotomy enrich or disadvantage Auden’s work? There are two opinions on this open, much discussed, question. Rowse makes a new contribution to the discussion. There are well known difficulties in both Auden’s life and writing, Rowse views these with sympathy and understanding close to the man and seeks to place his work in the perspective of the age in which Auden was a symptomatic and representative figure, along with his idiomatic originality.This book will be of interest to scholars and researchers of English literature and poetry.Volume II of The Official History of Criminal Justice in England and Wales traces, for the first time, the genesis…
and early evolution of two principal institutions in the criminal justice system, the Crown Court and the Crown Prosecution Service. This volume examines the origins and shaping of two critical institutions: the Crown Court, which rose from the ashes of the Courts of Assize and Quarter Sessions; and the Crown Prosecution Service which replaced a rather haphazard system of police prosecuting solicitors. The 1971 Courts Act and the 1985 Prosecution of Offences Act were to reconfigure the architecture of criminal justice, transforming the procedures by which people were charged, prosecuted and, in the weightier cases demanding a judge and jury, tried in the criminal courts of England and Wales. One stemmed from a crisis in a medieval system of travelling justices that tried people in the wrong places and for inadequate lengths of time. The other was precipitated by a scandal in which three men were wrongly convicted for the murder of a bisexual prostitute. Theirs is an as yet untold history that can be explored in depth because it is recent enough, in the words of Harold Wilson, to have been ‘written while the official records could still be supplemented by reference to the personal recollections of the public men who were involved’. This book will be of much interest to students of criminology and British history, politics and law.The Great Juristic Bazaar: Jurists' Texts and Lawyers' Stories (Collected Essays In Law Ser.)
Par William Twining. 2002
Some law students find jurisprudence daunting, impersonal, dry and seemingly detached from practical affairs. William Twining believes that many jurists…
have been fascinating people struggling with questions that are both historically significant and relevant to contemporary issues. This book brings together previously published essays that centre on three related themes: reading Juristic texts, the role of narrative in law, and relations between theory and practice. Building on a pragmatic view of jurisprudence, the author explores different ways of reading and using Juristic texts, to set them in context, to bring them to life and to engage with the reader's own concerns. He applies this approach to throw fresh light on four familiar figures - Holmes, Bentham, Hart and Llewellyn. Challenging limited agendas and parochial points of view, Twining outlines a programme for a broad approach to legal theory in the context of globalization. He satirizes some bad habits in jurisprudence and explores in depth how stories can be seductive vehicles for cheating in legal contexts, yet are essential for making sense of disputes about fact or law.Handbook of Radiobiology
Par Kedar N. Prasad. 1995
This handbook presents the most current information on the effects of ionizing radiation on mammalian cells, with emphasis on human…
tissues. The dose-effect relationship is emphasized in a quantitative manner. The book contains up-to-date data on the late effects of low levels of radiation on humans. It also provides some of the late consequences of radiation therapy detected among cancer survivors.China's One Belt One Road Initiative and Private International Law (Routledge Research in International Law)
Par Sai Ramani Garimella, Poomintr Sooksripaisarnkit. 2018
The concept of the One Belt One Road initiative (OBOR) was raised by the President of the People’s Republic of…
China in October 2013. The OBOR comprises the ‘Silk Road Economic Belt’ and the ‘21st Century Maritime Silk Road’, encompassing over 60 countries from Asia to Europe via Southeast Asia, South Asia, Central Asia, West Asia, and the Middle East. The overall objective of the OBOR is to encourage the economic prosperity of the countries along the Belt and Road and regional economic cooperation, encourage mutual learning between different civilizations, and promoting peace and development. However, countries along the Belt and Road routes of the OBOR project have diverse laws and legal systems. It is not difficult to envisage problems relating to harmonisation of laws and rules in trade between countries along the OBOR routes or otherwise. These problems can potentially cut through the core of the very objective of the OBOR itself. Integration in China’s One Belt One Road Initiative explores possible challenges to the success of the OBOR arising from the situational interface of diversity of laws, with the focus primarily on issues associated with private international law. It shows the latest state of knowledge on the topic and will be of interest to researchers, academics, policymakers, and students interested in private international law issues pertaining to the OBOR routes as well as private international law in general, Asian studies, and the politics of international trade.First published in 1962, this book is the first of two volumes which bridge the gap between the study of…
classics and the study of literature and attempt to reconcile the two disciplines. Focusing on elegy and lyric, this collection of essays offers a critical examination of Latin literature and aims to stimulate critical discussion of a selection of Latin poets. This experimental and ground-breaking book will be of particular interest to students of Roman Literature, Classics and Poetry.Augustine and Modern Law
Par RichardO. Brooks. 2011
St. Augustine and Roman law are the two bridges from Athens and Jerusalem to the world of modern law. Augustine's…
almost eerily modern political realism was based upon his deep appreciation of human evil, arising from his insights into the human personality, the product of his reflections on his own life and the history of his times. These insights have traveled well through the ages and are mirrored in the pages of Aquinas, Luther and Calvin, Reinhold Niebuhr, and Hannah Arendt. The articles in this volume describe the life and world of Augustine and the ways in which he conceived both justice and law. They also discuss the little recognized Augustinian contributions to the field of modern hermeneutics - the discipline which informs the art of legal interpretation. Finally, they include Augustine's valuable discussion of church/state relations, the law of just wars, and proper role and limits of coercion, and the procreative dimensions of marriage. The volume also includes an extremely useful, definitive bibliography of Augustine and the law, and will leave readers with an increased appreciation of the contributions which Augustine has made to the history of jurisprudence. No one can read Augustine and these articles on his view of the law without taking away a new view of the law itself.Police Use of Force: Important Issues Facing the Police and the Communities They Serve
Par Michael J. Palmiotto. 2017
Starting with a historical introduction, Police Use of Force presents readers with critical and timely issues facing police and the…
communities they serve when police encounters turn violent. Dr. Palmiotto offers in-depth coverage of the use of force, deadly force, non-lethal weapons, militarization of policing, racism and profiling, legal cases, psychology, perception and training, and violence prevention. Police Use of Force also investigates many case studies, both famous (Rodney King) and contemporary (Ferguson, MO). Essential reading for both criminal justice professionals and academics, this text places police conflict within a complex, modern context, inviting cogent conversation in the classroom and the precinct.This far-reaching study shows that operating efficiencies are not what are driving today's unrelenting bank merger mania. It suggests that…
bank mergers and consolidation may have effects that are contrary to consumer and non-financial business interests, such as lower rates of interest, increasing fees, and tighter credit constraints. Dymski recommends several new policies to apply to the evaluation of prospective mergers.The Law of Electronic Commerce and the Internet in the UK and Ireland
Par Steve Hedley. 2006
'Internet law' and 'electronic commerce law' are new entities and as such there is some difficulty in defining this rapidly…
changing area of the law. Scholars are divided as to whether it is a subject in its own right or part of a broader area and there is also debate concerning its status as a new law or as old law which needs interpreting in a new way. This text helps the student to unravel this complicated area of law and provides guidance through the wealth of literature available on the topic. The text is for law students coming towards the end of their first degree, or taking a Masters. The first half focuses on the principles of electronic commerce law and includes an introduction to the law of the Internet, basic concepts in intellectual property law, privacy law and data protection. The second part deals with rights and duties in the online world including, liabilities, ownership and contracts. Technical operations are explained in the text as necessary and a glossary provides a guide to the more commonly encountered computer technicalities. With a supporting website providing links to online further reading, this textbook is ideal for students of e-commerce law and will provide those studying information technology law or practising commercial law with an indispensable introduction to Internet issues.The events of recent history affirm the urgent need for a satisfactory definition of the conditions under which a minority…
within a state has the legal right to secede. Although the concept of sovereignty has been progressively weakened, it still presents the major theoretical difficulty in this area. There is currently no source of international law that would give a legal body like a court the authority to recognize the division of an oppressive or illegitimate state into separate legal entities. This book accordingly argues for a global system of justice based on a domestic model of compulsory law. It considers some of the technical, procedural and evidentiary issues that would arise in instituting such a regime, and develops the conceptual framework essential for the provision of legal remedies for gross violations of our fundamental human rights.Conflict, Power, and the Landscape of Constitutionalism
Par Gilles Tarabout. 2008
The book seeks to critically examine the implication of a constitution of law for a political society. It presents a…
collection of essays that seek to investigate how power acts on power, how limits produce excess, how separation of powers produces the union of powers (sanctified by the very constitution that had guaranteed the division in the first place), and how the theory of separation is, at the same time, a myth and a reality. At the backdrop of the book, of course, is the theory that every good constitution rigorously separates the legislature, the executive, and the judiciary from one another to guarantee the independence of each of these powers, such that this separation results in life, liberty, and security. If a constitution, however, symbolises and produces power, precisely because it separates one site of power from another, it follows that it is power itself that is the limit of power. Constitutionalism as a political culture of laws, therefore, must explain the dynamics of power.The book addresses both constitutions and the societies in which they emerge. Many of the essays in this collection show how institutional practices originating from a legal text create a matrix of power that owes its life, neither to a contract between men, nor between the state and men, nor even between the society and men, but rather to relations established, organized, and formalized by laws. The collection is significant because it gives colonial and post-colonial experiences a justified place in studies of law and constitutionalism, for it shows that while Montesquieu, Kant, and Burke each in their own way were promoting the spirit of laws, a more significant history of law-making was being enacted in order to defend a particular rule, and a particular type of government on another side of the world. Based on comparative studies in several countries across three continents, the book centrally deals with issues of constitutionalism, politicaViolence as Seen Through a Prism of Color
Par Letha A See. 2002
So many parts of society target citizens of color for violence--what can be done? Violence as Seen Through a Prism…
of Color examines violence from a structural perspective, including violence in prisons, schools and colleges, churches, homes, and within political/corporate structures.This unique, hard-hitting book argues that individual violence stems from the structure of our society and its institutions. Most of the contributors are African- American educators and practitioners who have a thorough understanding of structural violence. Some have experienced political violence; others have expert knowledge of structural violence within the criminal justice system, educational institutions, and elsewhere--even in churches and homes. Their writings are undeniably, unflinchingly authentic--it is impossible not to be moved and enraged by what they have to say. The good news is that in addition to calling attention to the structural violence in our society they provide excellent insights on how the situation might be resolved.Violence as Seen Through a Prism of Color shows: that much of the violence within the criminal justice system stems from decisions made at the highest levels of government that minority offenders are much more frequently convicted and more harshly sentenced than their white counterparts how cultural racism contributes to the construction of motives for lynching, hate crime, and police violence against Americans of color such as Abner Louima, Amadou Diallo, and Rodney King how the judicial system encourages black on black violence by neglecting to halt criminal activities in non-white neighborhoods how, in the words of Mahatma Gandhi, ”Poverty is the worst form of violence”You’ll also learn: how corporations are amassing great wealth through privatizing prisons and conscripting the labor of non-violent African-American prisoners how racial profiling affects people of color how the media has exploited black men imprisoned for minor drug offenses how and why violence occurs in and against the black churchHelpful charts and tables (like one that names the corporations that use prison labor) supplement the material--you’ll be surprised at what you learn! Extensive references are included at the end of each chapter.Criminal Justice in Hong Kong
Par Carol Jones, Jon Vagg. 2008
Containing a wealth of archival material and statistical data on crime and criminal justice, Criminal Justice in Hong Kong presents…
a detailed evaluation of Hong Kong’s criminal justice system, both past and present. Exploring the justice system and the perceptions of popular culture, this book demonstrates how the current criminal justice system has been influenced and shaped over time by Hong Kong’s historical position between ‘East’ and ‘West’. Jones and Vagg’s examination of the justice system not only takes into account geographical changes, like the erection of the border with communist China in 1950 but also insists that any deep understanding of the current system requires a dialogue with the rich and complex narratives of Hong Kong’s history. It explores a range of questions, including: How were Hong Kong's criminal justice institutions and practices formed? What has been its experience of law and order? How has Hong Kong's status as between 'East' and 'West' affected its social, political and legal institutions? Careful and detailed, this analysis of one of the most economically successful, politically stable and safe yet frequently misrepresented cities, is a valuable addition to the bookshelves of all undergraduate and postgraduate students studying Asian law.The United States Supreme Court's Assault on the Constitution, Democracy, and the Rule of Law (Controversies in American Constitutional Law)
Par Adam Lamparello, Cynthia Swann. 2017
This book argues that the judiciary, particularly the Supreme Court, should embrace an interpretive framework that promotes equal participation in…
the democratic process, fosters accountability, and facilitates robust public discourse among citizens of all backgrounds. The authors propose a solution that strives to restore integrity to the Court’s decision-making process by eschewing ideology and a focus on the utility of outcomes in favor of an intellectually honest jurisprudence that gives all citizens a meaningful voice in governance. The work is divided into seven parts. Parts I–V identify the worst decisions in the Court history and the common themes that helped produce them. The chapters within each part are dedicated to a single Supreme Court decision, in which the authors analyze the Court’s reasoning and explain why it undermined federalism, separation of powers, and democratic governance. Additionally, the authors explain why these decisions compromised the relationship between the Court and coordinate branches, the federal government and the states, and citizens and their elected representatives. Part VI identifies several of the best Supreme Court decisions, and explains why they provide a principled framework that can be applied in other cases and result in a pro-democracy jurisprudence. Finally, in Part VII the authors propose a comprehensive solution that should inform the Justices’ judicial philosophies, regardless of ideology, and strive to promote an equal and participatory democracy. The final chapter offers concluding thoughts and argues that a healthy democracy is the foundation upon which equality rests, and that a collective view of rights is the path by which to restore liberty for all citizens.Women and Domestic Violence Law in India: A Quest for Justice
Par Shalu Nigam. 2020
This book critically examines domestic violence law in India. It focuses on women’s experiences and perspectives as victims and litigants,…
with regard to accessibility to law and justice. It also reflects on the manner in which the legal process reproduces gender hierarchies. This volume: Analyzes the legal framework from a gender perspective to pinpoint the inherent stereotypes, prejudices and discriminatory practices that come into play while interpreting the law; Includes in-depth interviews and case studies, and explores critical themes such as marriage, rights, family, violence, property and the state; Presents alternatives beyond the domain of law, such as qualitative medical care and legal aid facilities, shelter homes, short-stay homes, childcare facilities, and economic and social security provisions to survivors and their children. Drawing on extensive testimonies and ethnographic studies situated in a theoretical framework of law, this book will be of great interest to scholars and researchers of law, gender, human rights, women’s studies, sociology and social anthropology, and South Asian studies.The 2008 financial crisis has become one of the defining features of the twenty first century’s first decade. The series…
of events which unfolded in the aftermath of the crisis has exposed major structural flaws in many of the financial systems around the globe, triggering a global call for legal and regulatory reforms to address the problems that have been uncovered. This book deals with a neglected angle of the 2008 financial crisis looking in-depth at the implicit effects of the 2008 crisis on the UK financial market. The book considers new trends in finance which have emerged since the crisis as well as the challenges faced by some older practices in the UK financial markets. After providing a reflective account of the history of law and creditors in the UK the book investigates the proliferation of certain forms of financing that have recently become very visible parts of the UK financial market’s structure, such as high cost short term lending and peer to peer lending. It provides legal and economic accounts of these forms of alternative lending, charting their developments, current status and critically assesses their impact on the UK financial market. Also examined are the ongoing funding difficulties faced by Small and Medium Enterprises (SMEs) and the suitability of the UK current legal framework to support these institutions. The book goes on to look at the viability and safety of some other post crisis trends such as banks use of Contingent Convertible Bonds (CoCos) to improve their resilience.Law, Property and Disasters: Adaptive Perspectives from the Global South
Par Daniel Fitzpatrick, Caroline Compton. 2021
This book re-considers property law for a future of environmental disruption. As slogans such as “build the wall” or “stop…
the boats” affect public policy, there are counter-questions as to whether positivist or statist notions of property are fit for purpose in a time of human mobility and environmental disruption. State-centric property laws construct legal fictions of sovereign control over land, notwithstanding the persistent reality of informal settlements in many parts of the Global South. In a world affected by catastrophic disasters, this book develops a vision of adaptive governance for property in land based on a critical re-assessment of state-centric property law. This book will appeal to a broad readership with interests in legal theory, property law, adaptive governance, international development, refugee studies, postcolonial studies, and natural disasters.