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Author: Mark J. Findlay
Publisher: Routledge
ISBN: 1134007140
Category : Social Science
Languages : en
Pages : 279
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Book Description
Governing through Globalised Crime provides an analysis of the impact of globalisation of crime on the governance capacity of the international criminal justice system. It explores how the perceived increased risk in global security has resulted in a reformulation of the relationship between crime and governance. The book seeks to argue that values of freedom, equality, communitarian harmony and personal integrity which the prosecution of crimes against humanity are said to advance, need not be sacrificed in a new world order obsessed with partial security and secularized risk. This book aims to address a way forward for the governance capacity of international criminal justice, arguing that international criminal justice provides a central tool for global governance. In exploring the dependency of global governance on crime and control, projections can be made about the changing face of international criminal justice. Fundamental transformation is required to hold unjust global dominion to account. The book's policy perspective challenges international criminal justice to return to the more critical position justice has exercised in the separation of powers constitutional legality. For liberal democratic theory at least, judicial authority and its institutions have ensured constitutional legality by requiring the legislature and the executive to operate accountably against a higher normative order. This is not a predominant function of judges and courts in the international context despite their statutory invocation to this task . Case-studies of global crime and control reveal contexts in which the co-opted governance of institutional ICJ in particular, has a politicized motivation which too often advances the authority and interests of one world order against the sometimes legitimate resistance of criminalized communities. When the analysis moves to the consideration of victim community interests, and from there to the appropriate global constituencies of ICJ, the nature and limitations of ICJ supporting governance in the risk/security model, becomes apparent.
Author: Mark Findlay
Publisher: Willan
ISBN: 1134007078
Category : Social Science
Languages : en
Pages : 301
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Book Description
Governing through Globalised Crime provides an analysis of the impact of globalisation of crime on the governance capacity of the international criminal justice system. It explores how the perceived increased risk in global security has resulted in a reformulation of the relationship between crime and governance. The book seeks to argue that values of freedom, equality, communitarian harmony and personal integrity which the prosecution of crimes against humanity are said to advance, need not be sacrificed in a new world order obsessed with partial security and secularized risk. This book aims to address a way forward for the governance capacity of international criminal justice, arguing that international criminal justice provides a central tool for global governance. In exploring the dependency of global governance on crime and control, projections can be made about the changing face of international criminal justice. Fundamental transformation is required to hold unjust global dominion to account. The book's policy perspective challenges international criminal justice to return to the more critical position justice has exercised in the separation of powers constitutional legality. For liberal democratic theory at least, judicial authority and its institutions have ensured constitutional legality by requiring the legislature and the executive to operate accountably against a higher normative order. This is not a predominant function of judges and courts in the international context despite their statutory invocation to this task . Case-studies of global crime and control reveal contexts in which the co-opted governance of institutional ICJ in particular, has a politicized motivation which too often advances the authority and interests of one world order against the sometimes legitimate resistance of criminalized communities. When the analysis moves to the consideration of victim community interests, and from there to the appropriate global constituencies of ICJ, the nature and limitations of ICJ supporting governance in the risk/security model, becomes apparent.
Author: Mark J. Findlay
Publisher: Routledge
ISBN: 1134007140
Category : Social Science
Languages : en
Pages : 279
Get Book Here
Book Description
Governing through Globalised Crime provides an analysis of the impact of globalisation of crime on the governance capacity of the international criminal justice system. It explores how the perceived increased risk in global security has resulted in a reformulation of the relationship between crime and governance. The book seeks to argue that values of freedom, equality, communitarian harmony and personal integrity which the prosecution of crimes against humanity are said to advance, need not be sacrificed in a new world order obsessed with partial security and secularized risk. This book aims to address a way forward for the governance capacity of international criminal justice, arguing that international criminal justice provides a central tool for global governance. In exploring the dependency of global governance on crime and control, projections can be made about the changing face of international criminal justice. Fundamental transformation is required to hold unjust global dominion to account. The book's policy perspective challenges international criminal justice to return to the more critical position justice has exercised in the separation of powers constitutional legality. For liberal democratic theory at least, judicial authority and its institutions have ensured constitutional legality by requiring the legislature and the executive to operate accountably against a higher normative order. This is not a predominant function of judges and courts in the international context despite their statutory invocation to this task . Case-studies of global crime and control reveal contexts in which the co-opted governance of institutional ICJ in particular, has a politicized motivation which too often advances the authority and interests of one world order against the sometimes legitimate resistance of criminalized communities. When the analysis moves to the consideration of victim community interests, and from there to the appropriate global constituencies of ICJ, the nature and limitations of ICJ supporting governance in the risk/security model, becomes apparent.
Author: Thalia Anthony
Publisher: Hawkins Press
ISBN: 9781876067236
Category : Law
Languages : en
Pages : 356
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Book Description
This book brings together the major Australian and New Zealand theorists in Critical Criminology. The chapters represent the contribution of these authors in both their established work and their recent scholarship. It includes new approaches to theory, methodology, case studies and contemporary issues.
Author: M. Findlay
Publisher: Springer
ISBN: 113700911X
Category : Political Science
Languages : en
Pages : 524
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Book Description
Mark Findlay's treatment of regulatory sociability charts the anticipated and even inevitable transition to mutual interest which is the essence of taking communities from shared risk to shared fate. In the context of today's global crises, he explains that for the sake of sustainability, human diversity can bond in different ways to achieve fate.
Author: Mark Findlay
Publisher: Routledge
ISBN: 1317137175
Category : Law
Languages : en
Pages : 296
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Book Description
This collection discusses appropriate methodologies for comparative research and applies this to the issue of trial transformation in the context of achieving justice in post-conflict societies. In developing arguments in relation to these problems, the authors use international sentencing and the question of victims' interests and expectations as a focus. The conclusions reached are wide-ranging and haighly significant in challenging existing conceptions for appreciating and giving effect to the justice demands of victims of war and social conflict. The themes developed demonstrate clearly how comparative contextual analysis facilitates our understanding of the legal and social contexts of international punishment and how this understanding can provide the basis for expanding the role of restorative international criminal justice within the context of international criminal trials.
Author: David Nelken
Publisher: Routledge
ISBN: 131716315X
Category : Social Science
Languages : en
Pages : 229
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Book Description
In this exciting and topical collection, leading scholars discuss the implications of globalisation for the fields of comparative criminology and criminal justice. How far does it still make sense to distinguish nation states, for example in comparing prison rates? Is globalisation best treated as an inevitable trend or as an interactive process? How can globalisation's effects on space and borders be conceptualised? How does it help to create norms and exceptions? The editor, David Nelken, is a Distinguished Scholar of the American Sociological Association, a recipient of the Sellin-Glueck award of the American Society of Criminology, and an Academician of the Academy of Social Sciences, UK. He teaches a course on Comparative Criminal Justice as Visiting Professor in Criminology at Oxford University's Centre of Criminology.
Author: Nikos Passas
Publisher: Routledge
ISBN: 1351538519
Category : History
Languages : en
Pages : 650
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Book Description
Financial crime affects virtually all areas of public policy and is increasingly transnational. The essays in this volume address both the theoretical and policy issues arising from financial crime and feature a wide variety of case studies, and cover topics such as state revenue collection, criminal enterprises, money laundering, the use of new technologies and methods in financial crime, corruption, terrorism, proliferation of WMD, sanctions, third-world debt, procurement, telecommunications, cyberspace, the defense industry and intellectual property. Taken together, these essays form a must-read collection for scholars and students in law, finance and criminology.
Author: Kerry Carrington
Publisher: Springer
ISBN: 3319650211
Category : Social Science
Languages : en
Pages : 1061
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Book Description
The first comprehensive collection of its kind, this handbook addresses the problem of knowledge production in criminology, redressing the global imbalance with an original focus on the Global South. Issues of vital criminological research and policy significance abound in the Global South, with important implications for South/North relations as well as global security and justice. In a world of high speed communication technologies and fluid national borders, empire building has shifted from colonising territories to colonising knowledge. The authors of this volume question whose voices, experiences, and theories are reflected in the discipline, and argue that diversity of discourse is more important now than ever before. Approaching the subject from a range of historical, theoretical, and social perspectives, this collection promotes the Global South not only as a space for the production of knowledge, but crucially, as a source of innovative research and theory on crime and justice. Wide-ranging in scope and authoritative in theory, this study will appeal to scholars, activists, policy-makers, and students from a wide range of social science disciplines from both the Global North and South, including criminal justice, human rights, and penology.
Author: Thomas Hale
Publisher: John Wiley & Sons
ISBN: 1509530274
Category : Political Science
Languages : en
Pages : 296
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Book Description
When we speak of global governance today, we no longer mean simply state-to-state diplomacy, international treaties, or intergovernmental organizations like the United Nations. Alongside these ‘traditional' elements of global politics are a host of new institutions ranging from global networks of governmental officials, to private codes of conduct for corporations, to action-oriented partnerships of NGOs, governments, corporations, and other actors. These innovative mechanisms offer intriguing solutions to pressing transnational challenges as diverse as climate change, financial governance, workers' rights, and public health. But they also raise new questions about the effectiveness and legitimacy of transnational governance. An expanding body of scholarship has sought to identify and assess these new forms of governance, but this young body of work has lacked a sense of the larger picture. This volume seeks to fill that need by presenting a comprehensive overview of new forms of transnational governance. This resource is essential for those who want to explain why transborder governance has changed and to understand what implications these changes have for global politics.
Author: Rianne Letschert
Publisher: Springer Science & Business Media
ISBN: 9048190207
Category : Law
Languages : en
Pages : 350
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Book Description
Besides generating wealth, globalization makes victims, including victims of new forms of crime. In this edited book of scholarly essays, international lawyers and criminologists reflect on the legal challenges posed by these dark sides of globalization. Examples include transnational organised crime, human trafficking and corruption, cyber crimes, international terrorism, global corporate crime and cross-border environmental crimes. The authors reflect on the limits of domestic systems of justice in providing protection, empowerment and redress to the victims of these emerging forms of global insecurity. They argue for the need of better international or supra-national institutional arrangements such as legal instruments and actions of the United Nations or regional organizations such as the European Union. In part I Jan Van Dijk and Rianne Letschert present an overview of trends in criminal victimization against the backdrop of globalization using a unique set of statistical indicators. By placing this issue in the framework of the human security concept, the authors draw out its broader political and normative implications. Theologist Ralf Bodelier explains how modern communication technologies have heightened sensitivities among the general public for human insecurities anywhere in the world. In his view, a new global conscience is in the making that may become the cornerstone of international solidarity and action. Marc Groenhuijsen and Rianne Letschert describe the emergence of national and international legal and institutional arrangements to offer remedies to victims of crime in an era of globalization. In part II a selection of experts analyse the specific issues surrounding the protection and empowerment of victims of different types of international crimes such as human trafficking, organised crime/corruption, terrorism, global corporate crime and cross border environmental crimes. In part III focused attention is given to the special challenges and opportunities of protecting and assisting crime victims in cyberspace. Part IV deals with emerging victim issues in humanitarian law such as the accountability of private military companies and the implementation of the ambitious victim provisions in the statute of the International Criminal Court including the establishment of a global fund for reparations. In the final part of the book some of its core authors formulate their ideas about the international institutional arrangements that should be put in place to offer justice to the victims of globalization. A concrete proposal is made for the transformation of the United Nations 1985 Declaration on the Principles of Justice for Victims of Crime and Abuse of Power into a full-fledged UN convention. In the final chapter further proposals are made for the increased involvement of regional organisations such as the European Union in the protection of victims of global crime.
