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Author: Peter Alldridge
Publisher: Bloomsbury Publishing
ISBN: 1847310028
Category : Law
Languages : en
Pages : 300
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Book Description
This book contains original essays by a distinguished group of jurists from six different European countries confronting the increasing range of legal and philosophical issues arising from the relationship between privacy and the criminal law. The collection is particularly timely in light of the incorporation into English law of the European Convention on Human Rights. It compares legal cultures and underlying assumptions with regard to the private sphere,personal autonomy and the supposed justifications for State interference through criminalization and the implementation of substantive criminal law. The book moves from treatment of general ideas like the relationship between sovereignty, the nation-state and substantive criminal law in the new European context, (with its concomitant aspiration towards the establishment of transnational morality) to more detailed consideration of specific areas of substantive law and procedure, viewed from a range of perspectives. Areas considered include euthanasia, surrogacy, female genital mutilation and sado-masochism.
Author: Peter Alldridge
Publisher: Bloomsbury Publishing
ISBN: 1847310028
Category : Law
Languages : en
Pages : 300
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Book Description
This book contains original essays by a distinguished group of jurists from six different European countries confronting the increasing range of legal and philosophical issues arising from the relationship between privacy and the criminal law. The collection is particularly timely in light of the incorporation into English law of the European Convention on Human Rights. It compares legal cultures and underlying assumptions with regard to the private sphere,personal autonomy and the supposed justifications for State interference through criminalization and the implementation of substantive criminal law. The book moves from treatment of general ideas like the relationship between sovereignty, the nation-state and substantive criminal law in the new European context, (with its concomitant aspiration towards the establishment of transnational morality) to more detailed consideration of specific areas of substantive law and procedure, viewed from a range of perspectives. Areas considered include euthanasia, surrogacy, female genital mutilation and sado-masochism.
Author: Peter Alldridge
Publisher: Hart Publishing
ISBN: 1901362825
Category : Law
Languages : en
Pages : 301
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Book Description
This study compares legal cultures and underlying assumptions about privacy, personal autonomy, and justifications for state intervention in individual behavior through criminal law, focusing primarily on England, Wales, and continental Europe. In theory , at least, Europeans increasingly share a common culture of basic individual rights and of standards against which to measure the legitimacy of state interference with them, as expressed by the European Convention on Human Rights and Fundamental Freedoms. At the same time, the development of a supra-national economic and social order is pushing national criminal justice systems further toward a shared instrumentalist perception of criminal law. Distributed by ISBS. c. Book News Inc.
Author: Kai Möller
Publisher: OUP Oxford
ISBN: 0191642177
Category : Law
Languages : en
Pages : 239
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Book Description
Since the end of the Second World War and the subsequent success of constitutional judicial review, one particular model of constitutional rights has had remarkable success, first in Europe and now globally. This global model of constitutional rights is characterized by an extremely broad approach to the scope of rights (sometimes referred to as 'rights inflation'), the acceptance of horizontal effect of rights, positive obligations, and increasingly also socio-economic rights, and the use of the doctrines of balancing and proportionality to determine the permissible limitations of rights. Drawing on analyses of a broad range of cases from the UK, the European Court of Human Rights, Germany, Canada, the US, and South Africa, this book provides the first substantive moral, reconstructive theory of the global model. It shows that it is based on a coherent conception of constitutional rights which connects to attractive accounts of judicial review, democracy and the separation of powers. The first part of the book develops a theory of the scope of rights under the global model. It defends the idea of a general right to personal autonomy: a right to everything which, according to the agent's self-conception, is in his or her interest. The function of this right is to acknowledge that every act by a public authority which places a burden on a person's autonomy requires justification. The second part of the book proposes a theory of the structure of this justification which offers original and useful accounts of the important doctrines of balancing and proportionality.
Author: Cowburn, Malcolm
Publisher: Policy Press
ISBN: 1447320638
Category : Social Science
Languages : en
Pages : 408
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Book Description
The way we think about crime and the way that society responds to it are imbued with values that can determine what is considered important and what gets attention. Sometimes values that are claimed may not be the values expressed in practice, as we see in the multiple and confusing discourses about victims and offenders, punishment and protection, rights and responsibilities. This collection of writings considers values in crime theory, criminal justice and research practice, uncovering the many different 'sides' – to echo Howard Becker's famous phrase – that criminologists, policy makers and researchers take. It spans Marxist, postmodernist and feminist perspectives on criminology, analyses of the dynamics of race, gender and age, research methods and ethics, the working of the criminal justice system and engages with current debates about new challenges for criminology, such as the green movement and Islamophobia. This is a timely and thought-provoking collection which will be of interest to academics and students in criminology and criminal justice, and on professional courses, such as probation and youth justice practice.
Author: Maria Eriksson
Publisher: Martinus Nijhoff Publishers
ISBN: 9004202633
Category : Law
Languages : en
Pages : 625
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Book Description
The crime of rape has been prevalent in all contexts, whether committed during armed conflict or in peacetime, and has largely been characterised by a culture of impunity. International law, through its branches of international human rights law, international humanitarian law and international criminal law, has increasingly condemned such violence and is progressively obliging states to prevent rape, whether committed by a state agent or a private actor.
Author: Alisdair A. Gillespie
Publisher: Routledge
ISBN: 1136733825
Category : Law
Languages : en
Pages : 385
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Book Description
Child Pornography: Law and Policy draws on interdisciplinary work in order to critically address the law relating to child pornography. Child pornography is recognized as a specific form of child abuse and there are now many national, and international, efforts to tackle it. Yet despite these efforts, the volume of child pornography, particularly on the internet, is increasing. The law has reacted to this situation by adapting its definitions, increasing sentences and providing new powers to law enforcement. It is, however, unclear how far the law should extend. What should the relationship be between criminalization and free-speech? Is there a link between the "use" of child pornography and contact offending? The issue of child pornography has been the subject of considerable literature in the areas of psychology, sociology and psychiatry. These studies provide the basis for a greater understanding of the nature of child pornography, as well as the profiles and behaviour of those who access or produce such material. Child Pornography: Law and Policy brings this wider literature to bear on the legal and policy frameworks relating to child pornography, questioning both the appropriateness and the effectiveness of the law in this context.
Author: Andrew Clapham
Publisher: OUP Oxford
ISBN: 0191018627
Category : Political Science
Languages : en
Pages : 2518
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Book Description
The threats to human rights posed by non-state actors are of increasing concern. Human rights activists increasingly address the activity of multinational corporations, the policies of international organizations such as the World Bank and the World Trade Organization, and international crimes committed by entities such as armed opposition groups and terrorists. This book presents an approach to human rights that goes beyond the traditional focus on states and outlines the human rights obligations of non-state actors. Furthermore, it addresses some of the ways in which these entities can be held legally accountable for their actions in various jurisdictions. The political debate concerning the appropriateness of expanding human rights scrutiny to non-state actors is discussed and dissected. For some, extending human rights into these spheres trivializes human rights and allows abusive governments to distract us from ongoing violations. For others such an extension is essential if human rights are properly to address the current concerns of women and workers. The main focus of the book, however, is on the legal obligations of non-state actors. The book discusses how developments in the fields of international responsibility and international criminal law have implications for building a framework for the human rights obligations of non-state actors in international law. In turn these international developments have drawn on the changing ways in which human rights are implemented in national law. A selection of national jurisdictions, including the United States, South Africa and the United Kingdom are examined with regard to the application of human rights law to non-state actors. The book's final part includes suggestions with regard to understanding the parameters of the human rights obligations of non-state actors. Key to understanding the legal obligations of non-state actors are concepts such as dignity and democracy. While neither concept can unravel the dilemmas involved in the application of human rights law to non-state actors, a better understanding of the tensions surrounding these concepts can help us to understand what is at stake.
Author: Richard Collier
Publisher: Bloomsbury Publishing
ISBN: 1847314554
Category : Law
Languages : en
Pages : 282
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Book Description
Debates about the future of fatherhood have been central to a range of conversations about changing family forms, parenting and society. Law has served an important, yet often neglected, role in these discussions, serving as an important focal point for broader political frustrations, playing a central role in mediating disputes, and operating as a significant, symbolic, state-sanctioned account of the scope of paternal rights and responsibilities. Fragmenting Fatherhood provides the first sustained engagement with the way that fatherhood has been understood, constructed and regulated within English law. Drawing on a range of disparate legal provisions and material from diverse disciplines, it sketches the major contours of the figure of the father as drawn in law and social policy, tracing shifts in legal and broader understandings of what it means to be a 'father'and what rights and obligations should accrue to that status. In thematically linked chapters cutting across substantive areas of law, the book locates fatherhood as a key site of contestation within broader political debates regarding the family and gender equality. Multiple visions of fatherhood, evolving unevenly over time across diverse areas of law, emerge from this analysis. Fatherhood is revealed as an essentially fragmented status and one which is intertwined in complex ways with the legal, cultural and political contexts in which discourses of parenthood are produced. Fragmenting Fatherhood provides an important and unique resource, speaking to debates about fatherhood across a range of fields including law and legal theory, sociology, gender studies, social policy, marriage and the family, women's studies and gender studies.
Author: Anthony Amatrudo
Publisher: Springer
ISBN: 1349952214
Category : Social Science
Languages : en
Pages : 382
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Book Description
This edited collection focuses on the sociology of 'social censure' – the sociological term advocated by Colin Sumner in his seminal writing of the 1980s and 1990s. Social censure has become increasingly important in contemporary criminological writing. This can especially be seen in recent writing on gender and race and also in terms of the way that the state's relationship to crime is now understood. This collection addresses a deficit in the published literature and both revisits themes from an earlier era and looks forward to the development of new writing that develops Sumner’s seminal work on social censure. The contributors are drawn from leading scholars from across the Social Sciences and Law and they address a wide range of issues such as: race, youth justice, policing, welfare, and violence. The resulting volume is an interdisciplinary text which will be of special interest to scholars and students of Critical Criminology and Socio-Legal Studies, as well as those interested in the operation of the criminal justice system and criminological theory.
Author: Jonathan Michie
Publisher: Routledge
ISBN: 1135932263
Category : Social Science
Languages : en
Pages : 2166
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Book Description
This 2-volume work includes approximately 1,200 entries in A-Z order, critically reviewing the literature on specific topics from abortion to world systems theory. In addition, nine major entries cover each of the major disciplines (political economy; management and business; human geography; politics; sociology; law; psychology; organizational behavior) and the history and development of the social sciences in a broader sense.
