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Human Rights, Migration, and Social Conflict: Towards a Decolonized Global Justice
by Ariadna EstévezThis book uses human rights as part of a constructivist methodology designed to establish a causal relationship between human rights violations and different types of social and political conflict in Europe and North America.
Human Rights Without Democracy?: Reconciling Freedom with Equality
by Gret HallerDo Human Rights truly serve the people? Should citizens themselves decide democratically of what those rights consist? Or is it a decision for experts and the courts? Gret Haller argues that Human Rights must be established democratically. Drawing on the works of political philosophers from John Locke to Immanuel Kant, she explains why, from a philosophical point of view, liberty and equality need not be mutually exclusive. She outlines the history of the concept of Human Rights, shedding light on the historical development of factual rights, and compares how Human Rights are understood in the United States in contrast to Great Britain and Continental Europe, uncovering vast differences. The end of the Cold War presented a challenge to reexamine equality as being constitutive of freedom, yet the West has not seized this opportunity and instead allows so-called experts to define Human Rights based on individual cases. Ultimately, the highest courts revise political decisions and thereby discourage participation in the democratic shaping of political will.
Human Trafficking: Exploring the International Nature, Concerns, and Complexities
by Benjamin Perrin John Winterdyk Philip ReichelHuman trafficking is a crime that undermines fundamental human rights and a broader sense of global order. It is an atrocity that transcends borders�with some regions known as exporters of trafficking victims and others recognized as destination countries. Edited by three global experts and composed of the work of an esteemed panel of contributors,
Human Trafficking: Exploring the International Nature, Concerns, and Complexities
by John Winterdyk Benjamin Perrin Philip ReichelHuman trafficking is a crime that undermines fundamental human rights and a broader sense of global order. It is an atrocity that transcends borders with some regions known as exporters of trafficking victims and others recognized as destination countries. Edited by three global experts and composed of the work of an esteemed panel of contributors,
Humanitarian Logistics: Cross-Sector Cooperation in Disaster Relief Management (SpringerBriefs in Business)
by Alessandra CozzolinoHumanitarian logistics has received increasing interest both from logistics academics and practitioners as a result of the dramatic increase in both natural and man-made disasters. The impact on affected populations can be all the more limited as much as the logistics operations in response to emergencies are effective and efficient. Collaboration with various relevant actors involving in the emergency resolution can help to reduce costs, increase speed, and improve the leanness/agility level in the humanitarian supply chain, and viceversa, poor coordination among them is cited as an explanation for performance gaps. As disasters become increasingly complex better collaboration not only with government agencies, military units, humanitarian organizations, but also through partnerships with private business becomes more and more important. However, such partnerships are not easy as organizations in the two sectors are extremely different. The main aim of this study is exploring more in depth the partnership between profit and non-profit in emergency relief operations, with a specific attention to the cross-learning potential for both the logistics service provider (profit) and the humanitarian organization (non-profit).
Humans and Other Animals: Cross-Cultural Perspectives on Human-Animal Interactions (Anthropology, Culture and Society)
by Samantha HurnWhat are our attitudes towards other animals, and how does this affect our humanity? *BR**BR*This work of anthrozoology explores the myriad and evolving ways in which humans and animals interact, the divergent cultural constructions of humanity and animality found around the world, and individual experiences of other animals. *BR**BR*This book looks at case studies covering blood sports (such as hunting, fishing and bull fighting), pet keeping and ‘petishism’, eco-tourism and wildlife conservation, working animals and animals as food. It addresses the idea of animal exploitation raised by the animal rights movements, as well as the anthropological implications of changing attitudes towards animal personhood, and the rise of a posthumanist philosophy in the social sciences more generally.
Hybrid and Internationalised Criminal Tribunals: Selected Jurisdictional Issues (Studies in International and Comparative Criminal Law)
by Sarah WilliamsIn recent years a number of criminal tribunals have been established to investigate, prosecute and try individuals accused of serious violations of international humanitarian law and international human rights law. These tribunals have been described as 'hybrid' or 'internationalised' tribunals as their structure and applicable law consist of both international and national elements. Six such tribunals are currently in operation: the Special Court for Sierra Leone, the Extraordinary Chambers in the Courts of Cambodia, the International Judges and Prosecutors Programme in Kosovo, the War Crimes Chamber for Bosnia and Herzegovina, the Iraqi High Tribunal and the Special Tribunal for Lebanon. The Special Panels for Serious Crimes in East Timor suspended operation in May 2005, although there continues to be some international involvement in investigation and prosecution of serious crimes. Suggestions have also been made that this model of tribunal would be appropriate for the prosecution of atrocities committed in, among others, Burundi, the Sudan, the Democratic Republic of Congo, Kenya and Liberia, as well as for a wider range of international crimes, most recently piracy. The key aims of this book are: to place the model of hybrid and internationalised tribunals in the context of other mechanisms to try international crimes; to examine the increasing demand for the establishment of hybrid and internationalised judicial institutions and the factors driving such demand; to define the category of 'hybrid and internationalised tribunals' by examining the key features of the existing and proposed hybrid or internationalised tribunals, as well as the features of those institutions with international elements that are generally excluded from this category; to determine the legal and jurisdictional bases of existing hybrid and internationalised tribunals; to analyse how the legal and jurisdictional basis of a tribunal affects other issues, such as the applicable law, the application of amnesties and immunities and the relationship of the tribunal with the host state, third states, national courts and other international criminal tribunals. The book concentrates on the definitional, legal and jurisdictional aspects of hybrid and internationalised criminal tribunals as this has been the subject of some confusion in arguments before the tribunals and in the judgments of the tribunals. In its concluding section, the book examines the future role of internationalised and hybrid criminal tribunals, particularly in light of the establishment of the ICC, and the potential use of such tribunals in other contexts. It also assesses how hybrid and internationalised tribunals fit into a 'multi-layered framework' of international criminal law and transitional justice.
Hybrid and Internationalised Criminal Tribunals: Selected Jurisdictional Issues (Studies in International and Comparative Criminal Law #9)
by Sarah WilliamsIn recent years a number of criminal tribunals have been established to investigate, prosecute and try individuals accused of serious violations of international humanitarian law and international human rights law. These tribunals have been described as 'hybrid' or 'internationalised' tribunals as their structure and applicable law consist of both international and national elements. Six such tribunals are currently in operation: the Special Court for Sierra Leone, the Extraordinary Chambers in the Courts of Cambodia, the International Judges and Prosecutors Programme in Kosovo, the War Crimes Chamber for Bosnia and Herzegovina, the Iraqi High Tribunal and the Special Tribunal for Lebanon. The Special Panels for Serious Crimes in East Timor suspended operation in May 2005, although there continues to be some international involvement in investigation and prosecution of serious crimes. Suggestions have also been made that this model of tribunal would be appropriate for the prosecution of atrocities committed in, among others, Burundi, the Sudan, the Democratic Republic of Congo, Kenya and Liberia, as well as for a wider range of international crimes, most recently piracy. The key aims of this book are: to place the model of hybrid and internationalised tribunals in the context of other mechanisms to try international crimes; to examine the increasing demand for the establishment of hybrid and internationalised judicial institutions and the factors driving such demand; to define the category of 'hybrid and internationalised tribunals' by examining the key features of the existing and proposed hybrid or internationalised tribunals, as well as the features of those institutions with international elements that are generally excluded from this category; to determine the legal and jurisdictional bases of existing hybrid and internationalised tribunals; to analyse how the legal and jurisdictional basis of a tribunal affects other issues, such as the applicable law, the application of amnesties and immunities and the relationship of the tribunal with the host state, third states, national courts and other international criminal tribunals. The book concentrates on the definitional, legal and jurisdictional aspects of hybrid and internationalised criminal tribunals as this has been the subject of some confusion in arguments before the tribunals and in the judgments of the tribunals. In its concluding section, the book examines the future role of internationalised and hybrid criminal tribunals, particularly in light of the establishment of the ICC, and the potential use of such tribunals in other contexts. It also assesses how hybrid and internationalised tribunals fit into a 'multi-layered framework' of international criminal law and transitional justice.
Hybrid Forms of Governance: Self-suspension of Power
by Niels �kerstr�m Andersen and Inger-Johanne SandThis book is about how power communication inrecent years hasbegun to reflect on its own limits in a new way. It focuseson a number of areas within the welfare state and how power desires non-power. It looks at financial policy, voluntary policy, educational policy and public steering technologies.
Ideas and Debates in Family Law
by Rob GeorgeIdeas and Debates in Family Law is written for family law students, at undergraduate level and beyond, who are looking for less orthodox ideas about family law. The book's first section looks at themes in family law, addressing challenges facing the family justice system, rights and responsibilities, and the internationalisation of the law regulating families. The second section is focused on adult relationships: it suggests new ways for the law to allocate legal consequences for families, debates the consequences of the 'contractualisation' of marriage, and explores the value of 'fairness' in family finances. The third section is about children, discussing the welfare principle, parental responsibility and practical parenting. Although these issues sound common enough in a family law book, the discussions found here are far from common. Useful by itself or alongside a textbook, Ideas and Debates in Family Law offers new and thought-provoking perspectives on family law issues.'Rob George is a new, distinctive and powerful voice in family law scholarship. In this book he subjects received and emerging opinions to incisive examination, providing readers with the intellectual invigoration associated with first class seminars. Above all, he re-claims family law as a significant branch of the idea and practice of justice.'John Eekelaar, Pembroke College, Oxford'Building on a successful format for undergraduate seminars in Oxford, this unique student text presents an exciting array of thought-provoking debates and intellectually stimulating, sometimes unorthodox, ideas. It will help students to situate their knowledge and to think more deeply and critically about family law and policy. I applaud this book's focus and content and Rob George's vision in writing it.'Stephen Gilmore, King's College London'Whether you are a student looking for interesting points to make your work first class or an academic wanting an overview of family law theory, this is the book for you. Rob George has brilliantly captured the main issues facing family lawyers and policy makers at this fascinating time. All the major concepts in family law - marriage; parenthood; family - are having to be rethought and redefined. This book provides an excellent starting point for how we might go about reimagining family law and policy.'Jonathan Herring, Exeter College, Oxford
Identity Theft in Today's World (Global Crime and Justice)
by Megan McNallyThis book accurately identifies the various forms of identity theft in simple, easy-to-understand terms, exposes exaggerated and erroneous information, and explains how everyone can take action to protect themselves.Identity theft is a classic crime with a modern (and perhaps decidedly American) twist. The rise of technology over the past few decades—and its influence on the processes of modernization and globalization—has created many new opportunities for identity theft both locally and internationally. Moreover, this process has transformed the nature of identity from something largely personal to something almost purely financial. Although identity theft is not a global crime per se, it does pose a pervasive and universal threat that will need to be acknowledged and addressed by many nations throughout the world.In this text, author Megan McNally examines the concept of identity theft in universal terms in order to understand what it is, how it is accomplished, and what the nations of the world can do—individually or collectively—to prevent it or respond to it.
Imagining New Legalities: Privacy and Its Possibilities in the 21st Century (The Amherst Series in Law, Jurisprudence, and Social Thought)
by Austin Sarat Lawrence Douglas Martha Merrill UmphreyImagining New Legalities reminds us that examining the right to privacy and the public/private distinction is an important way of mapping the forms and limits of power that can legitimately be exercised by collective bodies over individuals and by governments over their citizens. This book does not seek to provide a comprehensive overview of threats to privacy and rejoinders to them. Instead it considers several different conceptions of privacy and provides examples of legal inventiveness in confronting some contemporary challenges to the public/private distinction. It provides a context for that consideration by surveying the meanings of privacy in three domains—-the first, involving intimacy and intimate relations; the second, implicating criminal procedure, in particular, the 4th amendment; and the third, addressing control of information in the digital age. The first two provide examples of what are taken to be classic breaches of the public/private distinction, namely instances when government intrudes in an area claimed to be private. The third has to do with voluntary circulation of information and the question of who gets to control what happens to and with that information.
Immigration & Asylum Law (Textbook On Ser.)
by Gina Clayton Georgina FirthThe ninth edition of Immigration and Asylum Law continues to provide students with expert coverage of case law and legislation, along with dynamic analysis of the political context and social impact of the law, and a strong focus on human rights. Including key case summaries, end-of-chapter questions, and further reading, the book deftly guides the reader through this fascinating and constantly developing area of law, using clear and accessible language throughout. An ideal guide for all students of the subject. Digital formats and resources The ninth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks - The online resources include: updates and developments in the law since the book published; problem questions to test knowledge and develop analytical skills; guidance on how to answer the end-of-chapter questions; and a selection of web links to support additional research.
Immigration Detention, Law, History, Politics (PDF)
by Daniel WilsherThe liberal legal ideal of protection of the individual against administrative detention without trial is embodied in the habeas corpus tradition. However, the use of detention to control immigration has gone from a wartime exception to normal practice, thus calling into question modern states’ adherence to the rule of law. Daniel Wilsher traces how modern states have come to use long-term detention of immigrants without judicial control. He examines the wider emerging international human rights challenge presented by detention based upon protecting ‘national sovereignty’ in an age of global migration. He explores the vulnerable political status of immigrants and shows how attempts to close liberal societies can create ‘unwanted persons’ who are denied fundamental rights. To conclude, he proposes a set of standards to ensure that efforts to control migration, including the use of detention, conform to principles of law and uphold basic rights regardless of immigration status.
The Implementation of the EU Services Directive: Transposition, Problems and Strategies
by Ulrich Stelkens, Wolfgang Weiß and Michael MirschbergerThe Services Directive is one of the cornerstones for the realization of the EU internal market and is fundamental to economic and legal experts, as well as to the general public. This book analyses in detail the different steps taken by each of the 27 EU Member States in the implementation process of the Services Directive. It provides not only detailed information about the changes in national law adopted by the Member States, but also facilitates a comparison of the different implementation strategies. It gives an insight in the heterogeneity or homogeneity of implementation concepts and shows how European legislation affects legislation that were originally nationally dominated, such as the law of national administration. Valuable for academics interested in European and administrative law and the transposition of European lawmaking into domestic law, as well as for civil servants in ministries, chambers of commerce, local governments and other comparable institutions having to implement the Directive.
Implementierung von Rechtsnormen: Gewalt gegen Frauen in der Türkei und in Deutschland (Reihe Sozialwissenschaften #27)
by Silvia Von Steinsdorff Helin Ruf-UçarDieses Buch vereint wissenschaftliche Analysen und Erfahrungsberichte aus der Praxis vom politischen und rechtlichen Umgang mit Gewalt gegen Frauen in Deutschland und in der Türkei. Es werden die aktuelle Rechtslage, politische Strategien, sowie die Unterstützungsstrukturen in den beiden Ländern dargestellt und kritisch beleuchtet. Die in Deutschland oder in der Türkei lebenden Autorinnen dokumentieren mit diesen Beiträgen aufschlussreiche Aspekte ihrer langjährigen Erfahrung in der Arbeit zu Gewalt gegen Frauen.
The Importance of Assent: A Theory of Coercion and Dignity (Library of Ethics and Applied Philosophy #25)
by Jan-Willem Van der RijtThe view that persons are entitled to respect because of their moral agency is commonplace in contemporary moral theory. What exactly this respect entails, however, is far less uncontroversial. In this book, Van der Rijt argues powerfully that this respect for persons’ moral agency must also encompass respect for their subjective moral judgments – even when these judgments can be shown to be fundamentally flawed. Van der Rijt scrutinises the role persons’ subjective moral judgments play within the context of coercion and domination. His fresh, original analysis of Kant’s third formulation of the Categorical Imperative reveals how these judgments are intimately connected to a person’s dignity. The result is an insightful new account of coercion, a novel Kantian reformulation of the republican notion of non-domination and a compelling, innovative argument in favour of retributive justice."In this admirably clear and insightful work, Van der Rijt develops an original account of coercion and dignity. On the basis of his analysis of the relation between these two concepts, he also provides an intriguing new angle on the nature of republicanism. I recommend this book to anyone interested in freedom and power and their roles in normative political theory."Ian Carter - University of Pavia"In this carefully argued and original study Jan-Willem van der Rijt offers an analysis of coercion, a broadly Kantian argument that coercion is an affront to dignity, and an illuminating contrast with Philip Pettit's republicanism. A most welcome contribution."Thomas E. Hill, Jr. - University of North Carolina at Chapel Hill"Jan-Willem van der Rijt has written a well argued, original book that will prove to be extremely helpful for the philosophical inquiry of the relationship between coercion and human dignity as well as for the assessment of republicanism and its consequences."Ralf Stoecker - University of Potsdam
In Doubt: The Psychology Of The Criminal Justice Process
by Dan SimonCriminal justice is unavoidably human. Detectives, witnesses, suspects, and victims shape investigations; prosecutors, defense attorneys, jurors, and judges affect the outcome of adjudication. Simon shows how flawed investigations produce erroneous evidence and why well-meaning juries send innocent people to prison and set the guilty free.
In Doubt: The Psychology Of The Criminal Justice Process
by Dan SimonCriminal justice is unavoidably human. Detectives, witnesses, suspects, and victims shape investigations; prosecutors, defense attorneys, jurors, and judges affect the outcome of adjudication. Simon shows how flawed investigations produce erroneous evidence and why well-meaning juries send innocent people to prison and set the guilty free.
Incapacitation: Trends and New Perspectives
by Marijke Malsch Marius DukerIn many criminal justice systems a new trend towards incapacitation can be witnessed. A ubiquitous want for control seems to have emerged as a consequence of perceived safety risks. This can be seen not only in the mass incarceration of offenders but also in the disqualification of offenders from jobs, in chemical castration in cases of sexual crimes, the increased use of electronic monitoring and in the life-long monitoring of individuals who pose certain risks. Trends towards incapacitation are now even spreading to public administration and the employment sector, in the refusal of licenses and the rejection of employees with past criminal records. This book discusses the topic of incapacitation from various angles and perspectives. It explores how theories of punishment are affected by the more recent emphasis on incapacitation and how criminal justice practice is changing as a consequence of this new emphasis. Many contributors express criticisms with this trend towards incapacitation. They argue for a better calibration of measures to the severity of the misconduct. In addressing an increasingly important development in criminal justice, the book will be an essential resource for students, researchers, and policy-makers working in the areas of criminal law, sentencing, probation and crime prevention.
Incapacitation: Trends and New Perspectives
by Marijke Malsch Marius DukerIn many criminal justice systems a new trend towards incapacitation can be witnessed. A ubiquitous want for control seems to have emerged as a consequence of perceived safety risks. This can be seen not only in the mass incarceration of offenders but also in the disqualification of offenders from jobs, in chemical castration in cases of sexual crimes, the increased use of electronic monitoring and in the life-long monitoring of individuals who pose certain risks. Trends towards incapacitation are now even spreading to public administration and the employment sector, in the refusal of licenses and the rejection of employees with past criminal records. This book discusses the topic of incapacitation from various angles and perspectives. It explores how theories of punishment are affected by the more recent emphasis on incapacitation and how criminal justice practice is changing as a consequence of this new emphasis. Many contributors express criticisms with this trend towards incapacitation. They argue for a better calibration of measures to the severity of the misconduct. In addressing an increasingly important development in criminal justice, the book will be an essential resource for students, researchers, and policy-makers working in the areas of criminal law, sentencing, probation and crime prevention.
Indigenous Crime and Settler Law: White Sovereignty after Empire (Palgrave Socio-Legal Studies)
by H. Douglas M. FinnaneIn a break from the contemporary focus on the law's response to inter-racial crime, the authors examine the law's approach to the victimization of one Indigenous person by another. Drawing on a wealth of archival material relating to homicides in Australia, they conclude that settlers and Indigenous peoples still live in the shadow of empire.
Individualdatenschutz im europäischen Datenschutzrecht: Eine theoriegeleitete Analyse (Reihe Politikwissenschaft #18)
by Markus OermannWie personenbezogene Informationen geschützt werden sollen, gehört seit Jahren zu den kontrovers diskutierten Themen der politischen Debatte: Hat das Individuum einen subjektiven Anspruch auf Schutz seiner personenbezogenen Informationen? Inwieweit muss der Staat den Schutzanspruch gegebenenfalls rechtlich sichern und wie soll das Datenschutzrecht der Zukunft aussehen?Vor diesem Hintergrund werden in dem Buch vier Anforderungsprofile für die Ausgestaltung des Datenschutzrechts entwickelt. Die Grundlage hierfür bilden vier normative politische Theorien, die für die Begründung politischer Maßnahmen in demokratischen Systemen besonders relevant sind: Liberalismus, Libertarismus, Kommunitarismus und Sphärentheorie. Diese Theorien, die auf unterschiedlichen Annahmen über das ideale Verhältnis von Individuum und Gesellschaft beruhen, führen zunächst zu allgemeinen Aussagen darüber, wie der jeweilige soziale Idealzustand erreicht werden kann.Das Buch stellt die wesentlichen Argumente dar, welche sich aus der Sicht dieser Theorien speziell für oder gegen den rechtlichen Schutz von personenbezogenen Informationen führen lassen. Aus den Argumenten werden anschließend die jeweiligen Anforderungen an die Ausgestaltung des Datenschutzrechts abgeleitet.Mithilfe dieser Anforderungsprofile wird in einem zweiten Schritt die Entwicklung des europäischen Datenschutzrechts von der ersten Datenschutzrichtlinie bis zum jüngsten Entwurf der Kommission für eine grundlegende Reform des EU-Datenschutzrechts analysiert. Die regulativen Inhalte aller wesentlichen europäischen Rechtssetzungsakte zum Datenschutz werden daraufhin untersucht, ob und wie sie personenbezogene Informationen schützen. Durch den Abgleich mit den theoretischen Anforderungsprofilen zeigt sich, welchen theoretischen Vorgaben die europäischen Normierungen entsprechen. Indem die Arbeit die Veränderungen im Zeitablauf nachzeichnet, werden zudem Trends und Brüche in der Entwicklung des europäischen Datenschutzrechts sichtbar.Das Buch macht auf diese Weise die normativ-theoretischen Hintergründe des europäischen Datenschutzrechts transparent und ermöglicht damit eine entsprechende Einordnung aktueller und kommender Vorschläge in der Debatte um die Zukunft des Datenschutzes.
Informal Carers and Private Law (Hart Studies in Private Law)
by Brian SloanEvery day, large numbers of altruistic individuals, in the absence of any legal duty, provide substantial and essential services for elderly and disabled people. In doing so, many such informal carers suffer financial and other disadvantages. This book considers the scope for a "private law" approach to rewarding, supporting or compensating carers, an increasingly vital topic in the context of an ageing population and the need for savings in public expenditure. Adopting a comparative approach, the book explores the recognition of the informal carer and his or her relationship with the care recipient within diverse fields of private law, from unjust enrichment to succession. Aspects of the analysis include the importance of a promise of a reward from the care recipient and the appropriate measure of any remedy. In considering the potential for expansion of a "private law" approach for carers, the book addresses the fundamental and controversial question of the price of altruism. Winner of the University of Cambridge's Yorke Prize 2014
Informal Carers and Private Law (Hart Studies in Private Law #4)
by Brian SloanEvery day, large numbers of altruistic individuals, in the absence of any legal duty, provide substantial and essential services for elderly and disabled people. In doing so, many such informal carers suffer financial and other disadvantages. This book considers the scope for a "private law" approach to rewarding, supporting or compensating carers, an increasingly vital topic in the context of an ageing population and the need for savings in public expenditure. Adopting a comparative approach, the book explores the recognition of the informal carer and his or her relationship with the care recipient within diverse fields of private law, from unjust enrichment to succession. Aspects of the analysis include the importance of a promise of a reward from the care recipient and the appropriate measure of any remedy. In considering the potential for expansion of a "private law" approach for carers, the book addresses the fundamental and controversial question of the price of altruism. Winner of the University of Cambridge's Yorke Prize 2014