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The Criminal Trial in Law and Discourse
by Tyrone KirchengastThis book examines how the modern criminal trial is the result of competing discourses of justice, from human rights to state law and order, that allows for the consideration of key stakeholder interests, specifically those of victims, defendants, police, communities and the state.
The Criminalisation of Migration in Europe
by Valsamis MitsilegasThis is the first monograph providing a comprehensive legal analysis of the criminalisation of migration in Europe. The book puts forward a definition of the criminalisation of migration as the three-fold process whereby migration management takes place via the adoption of substantive criminal law, via recourse to traditional criminal law enforcement mechanisms including surveillance and detention, and via the development of mechanisms of prevention and pre-emption. The book provides a typology of criminalisation of migration, structured on the basis of the three stages of the migrant experience: criminalisation before entry (examining criminalisation in the context of extraterritorial immigration control, delegation and privatisation in immigration control and the securitisation of migration); criminalisation during stay (examining how substantive criminal law is used to regulate migration in the territory); and criminalisation after entry and towards removal (examining efforts to exclude and remove migrants from the territory and jurisdiction of EU Member States and criminalisation through detention). The analysis focuses on the impact of the criminalisation of migration on human rights and the rule of law, and it highlights how European Union law (through the application of both the EU Charter of Fundamental Rights and general principles of EU law) and ECHR law may contribute towards achieving decriminalisation of migration in Europe.
The Criminalization of Abortion in the West: Its Origins in Medieval Law
by Wolfgang P. MüllerAnyone who wants to understand how abortion has been treated historically in the Western legal tradition must first come to terms with two quite different but interrelated historical trajectories. On one hand, there is the ancient Judeo-Christian condemnation of prenatal homicide as a wrong warranting retribution; on the other, there is the juristic definition of "crime" in the modern sense of the word, which distinguished the term sharply from "sin" and "tort" and was tied to the rise of Western jurisprudence. To find the act of abortion first identified as a crime in the West, one has to go back to the twelfth century, to the schools of ecclesiastical and Roman law in medieval Europe.In this book, Wolfgang P. Müller tells the story of how abortion came to be criminalized in the West. As he shows, criminalization as a distinct phenomenon and abortion as a self-standing criminal category developed in tandem with each other, first being formulated coherently in the twelfth century at schools of law and theology in Bologna and Paris. Over the ensuing centuries, medieval prosecutors struggled to widen the range of criminal cases involving women accused of ending their unwanted pregnancies. In the process, punishment for abortion went from the realm of carefully crafted rhetoric by ecclesiastical authorities to eventual implementation in practice by clerical and lay judges across Latin Christendom. Informed by legal history, moral theology, literature, and the history of medicine, Müller’s book is written with the concerns of modern readers in mind, thus bridging the gap that might otherwise divide modern and medieval sensibilities.
The Criminalization of Black Children: Race, Gender, and Delinquency in Chicago’s Juvenile Justice System, 1899–1945 (Justice, Power, and Politics)
by Tera Eva AgyepongIn the late nineteenth century, progressive reformers recoiled at the prospect of the justice system punishing children as adults. Advocating that children's inherent innocence warranted fundamentally different treatment, reformers founded the nation's first juvenile court in Chicago in 1899. Yet amid an influx of new African American arrivals to the city during the Great Migration, notions of inherent childhood innocence and juvenile justice were circumscribed by race. In documenting how blackness became a marker of criminality that overrode the potential protections the status of "child" could have bestowed, Tera Eva Agyepong shows the entanglements between race and the state's transition to a more punitive form of juvenile justice.In this important study, Agyepong expands the narrative of racialized criminalization in America, revealing that these patterns became embedded in a justice system originally intended to protect children. In doing so, she also complicates our understanding of the nature of migration and what it meant to be black and living in Chicago in the early twentieth century.
The Criminalization of Incitement to Terrorism from an International Perspective
by Ye TaoThis 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.
The Criminology of Criminal Law
by William LauferThe Criminology of Criminal Law considers the relation between criminal law and theories of crime, criminality and justice. This book discusses a wide range of topics, including: the way in which white-collar crime is defined; new perspectives on stranger violence; the reasons why criminologists have neglected the study of genocide; the idea of boundary crossing in the control of deviance; the relation between punishment and social solidarity; the connection between the notion of justice and modern sentencing theory; the social reaction to treason; and the association between politics and punitiveness. Contributors include Bonnie Berry, Don Gottfredson, David F. Greenberg, Marc Riedel, Jason Rourke, Kip Schlegel, Vered Vinitzky-Seroussi, Leslie T. Wilkins, Marvin E. Wolfgang, and Richard A. Wright. The Criminology of Criminal Law concludes with an analysis of the results of a study on the most cited scholars in the Advances in Criminological Theory series. This work will be beneficial to criminologists, sociologists, and scholars of legal studies. Advances in Criminological Theory is the first series exclusively dedicated to the dissemination of original work on criminological theory. It was created to overcome the neglect of theory construction and validation in existing criminological publications.
The Crimmigrant Other: Migration and Penal Power (Key Ideas in Criminology)
by Katja FrankoWestern societies are immersed in debates about immigration and illegality. This book examines these processes and outlines how the figure of the "crimmigrant other" has emerged not only as a central object of media and political discourse, but also as a distinct penal subject connecting migration and the logic of criminalization and insecurity. Illegality defines not only a quality of certain acts, but becomes an existential condition, which shapes the daily lives of large groups within the society. Drawing on rich empirical material from national and international contexts, Katja Franko outlines the social production of the crimmigrant other as a multi-layered phenomenon that is deeply rooted in the intricate connections between law, scientific knowledge, bureaucratic practices, politics and popular discourse.
The Crisis of American Foreign Policy: Wilsonianism in the Twenty-first Century
by G. John Ikenberry Anne-Marie Slaughter Tony Smith Thomas KnockWas George W. Bush the true heir of Woodrow Wilson, the architect of liberal internationalism? Was the Iraq War a result of liberal ideas about America's right to promote democracy abroad? In this timely book, four distinguished scholars of American foreign policy discuss the relationship between the ideals of Woodrow Wilson and those of George W. Bush. The Crisis of American Foreign Policy exposes the challenges resulting from Bush's foreign policy and ponders America's place in the international arena. Led by John Ikenberry, one of today's foremost foreign policy thinkers, this provocative collection examines the traditions of liberal internationalism that have dominated American foreign policy since the end of World War II. Tony Smith argues that Bush and the neoconservatives followed Wilson in their commitment to promoting democracy abroad. Thomas Knock and Anne-Marie Slaughter disagree and contend that Wilson focused on the building of a collaborative and rule-centered world order, an idea the Bush administration actively resisted. The authors ask if the United States is still capable of leading a cooperative effort to handle the pressing issues of the new century, or if the country will have to go it alone, pursuing policies without regard to the interests of other governments. Addressing current events in the context of historical policies, this book considers America's position on the global stage and what future directions might be possible for the nation in the post-Bush era.
The Crisis of Distribution: Theoretical Analysis from Economic Law (China Perspectives)
by Shouwen ZhangThe crisis of distribution is one of the longest standing and most complicated issues facing human society. Imbued with social, political, historic, and cultural elements, it varies significantly across different countries as a result. As an emerging economy which transferred from a planned to a market economy, China has experienced large distribution gaps since it implemented the reform and "opening-up" policy in the early 1980s, requiring stronger economic law to mitigate and regulate the crisis of distribution. In this two-volume set, the author analyzes distribution crises from a theoretical perspective, before going on to propose law and policy solutions. In this first volume, he discusses the four main concepts and focus points of the crisis of distribution – distribution itself, the crises it faces, the rule of law, and development. Concentrating on the major distribution problems China faces in particular, the author proposes regulatory methods which can be used to overcome the distribution dilemma, such as tools from policy and economic law, and reiterates the significance of theory building in resolving the issues. The book should be of keen interest to researchers and students of law, economics, and political science.
The Crisis of Multilateral Legal Order: Causes, Dynamics and Consequences (Transnational Law and Governance)
by Paolo Davide Farah Lukasz Gruszczynski Marcin J. Menkes Veronika BílkováMultilateralism has served as a foundation for international cooperation over the past several decades. Championed after WWII by the United States and Western Europe, it expanded into a broader global system of governance with the end of the Cold War. Lately, an increasing number of States appear to be disappointed with the existing multilateral arrangements, both at the level of norms and that of institutions. The great powers see unilateral and bilateral strategies, which maximize their political leverage rather than diluting it in multilateral fora, as more effective ways for controlling the course of international affairs. The signs of the crisis have been visible for some time – but recent crises indicate an acceleration of on-going disintegration of the multilateral system, such as Brexit, growing resistance on the part of States against international monitoring of compliance and the radical change in the US foreign policy during the presidency of Donald Trump which saw the US from several multilateral agreements (e.g. the Iran Nuclear Deal and the Paris Agreement), leave some international organizations or bodies (e.g. the United Nations Human Rights Council or the World Health Organization) or paralyze some others (e.g. the World Trade Organization (WTO)). Tackling the debate surrounding the crisis of multilateralism and the related transformation of the underlying international legal order, this book analyses selected aspects of the current crisis from the perspective of public international law to identify the nature of the crisis, its dynamics, and consequences.
The Crisis of US Hospice Care: Family and Freedom at the End of Life
by Harold BraswellExploring the failure of hospice in America to care for patients and families at the end of life.Hospice is the dominant form of end-of-life care in the United States. But while the US hospice system provides many forms of treatment that are beneficial to dying people and their families, it does not encompass what is commonly referred to as long-term care, which includes help with the activities of daily living: feeding, bathing, general safety, and routine hygienic maintenance. Frequently, such care is carried out by an informal network of unpaid caregivers, such as the person's family or loved ones, who are often ill-prepared to offer this type of support. In The Crisis of US Hospice Care, Harold Braswell argues that the stress of providing long-term care typically overwhelms family members and that overdependence on familial caregiving constitutes a crisis of US hospice care that limits the freedom of dying people. Arguing for the need to focus on the time just before death, Braswell examines how the relationship of hospice to familial caregiving evolved. He traces the history of hospice over the past fifty years and describes the choice that people dying with inadequate familial support face between a neglectful home environment and an impersonal nursing home.A nuanced look at the personal and political dimensions that shape long-term, end-of-life care, this historical and ethnographic study demonstrates that the crisis in US hospice care can be alleviated only by establishing the centrality of hospice to American freedom. Providing a model for the transformative work that is required going forward, The Crisis of US Hospice Care illustrates the potential of hospice for facilitating a new way of living our last days and for having the best death possible.
The Crisis of the Middle-Class Constitution: Why Economic Inequality Threatens Our Republic
by Ganesh SitaramanIn this original, provocative contribution to the debate over economic inequality, Ganesh Sitaraman argues that a strong and sizable middle class is a prerequisite for America’s constitutional system. For most of Western history, Sitaraman argues, constitutional thinkers assumed economic inequality was inevitable and inescapable—and they designed governments to prevent class divisions from spilling over into class warfare. The American Constitution is different. Compared to Europe and the ancient world, America was a society of almost unprecedented economic equality, and the founding generation saw this equality as essential for the preservation of America’s republic. Over the next two centuries, generations of Americans fought to sustain the economic preconditions for our constitutional system. But today, with economic and political inequality on the rise, Sitaraman says Americans face a choice: Will we accept rising economic inequality and risk oligarchy or will we rebuild the middle class and reclaim our republic? The Crisis of the Middle-Class Constitution is a tour de force of history, philosophy, law, and politics. It makes a compelling case that inequality is more than just a moral or economic problem; it threatens the very core of our constitutional system.
The Crisis of the Officer Class: The Decline of the Tragic Sensibility (Sacred Order/Social Order #2)
by Philip Rieff<p>Philip Rieff earned recognition as one of the most profound social theorists of culture and authority of the twentieth century. Through such works as Freud: The Mind of the Moralist and The Triumph of the Therapeutic, he proved himself an incisive interpreter of Freud and his legacy. His work now culminates with the long-awaited trilogy, Sacred Order/Social Order, a three-volume work on social theory and contemporary culture. <p>In Volume 2, The Crisis of the Officer Class: The Death of the Tragic Sensibility, Phillip Rieff continues his assault against the deathworks of our modern age. Invoking his theory developed in Volume 1, he develops his critique of our current culture as distinguishable only by its rejection of any and all visions of sacred order.</p>
The Criterion for Distinguishing Legal Opinions from Judicial Rulings and the Administrative Acts of Judges and Rulers
by Mohammad H. Fadel Shihab al-Din al-Qarafi al-MalikiThe first and much-needed English translation of a thirteenth-century text that shaped the development of Islamic law in the late middle ages. Scholars of Islamic law can find few English language translations of foundational Islamic legal texts, particularly from the understudied Mamluk era. In this edition of the Tamyiz, Mohammad Fadel addresses this gap, finally making the great Muslim jurist Shihab al-Din al-Qarafi’s seminal work available to a wider audience. Al-Qarafi’s examination of the distinctions among judicial rulings, which were final and unassailable, legal opinions, which were advisory and not binding, and administrative actions, which were binding but amenable to subsequent revision, remained standard for centuries and are still actively debated today.
The Critical Legal Studies Movement
by Roberto Mangabeira UngerCritical legal studies is the most important development in progressive thinking about law of the past half century. It has inspired the practice of legal analysis as institutional imagination, exploring, with the materials of the law, alternatives for society. The Critical Legal Studies Movement was written as the manifesto of the movement by its central figure. This new edition includes a revised version of the original text, preceded by an extended essay in which its author discusses what is happening now and what should happen next in legal thought.From the Trade Paperback edition.
The Critical Shusterman (SUNY series in American Philosophy and Cultural Thought)
by Richard ShustermanCollecting sixteen key texts on a broad range of key philosophical topics enables readers to perceive the scope of Shusterman's philosophy and appreciate its systematic aspects.Richard Shusterman is one of today's foremost philosophers. His influential and widely translated work is distinctive for its originality and its integration of multiple philosophical perspectives (analytic philosophy, phenomenology, hermeneutics, critical theory, and East Asian thought) to create a new transcultural pragmatist vision. Although most famous for his groundbreaking writings in aesthetics, somatic philosophy, and philosophy as an art of living, these texts are integrally connected with Shusterman's vital views on ontology, epistemology, and philosophy of mind, ethics, and politics. Collecting sixteen key texts on this broad range of topics, The Critical Shusterman enables readers to perceive the scope of Shusterman's philosophy and appreciate its systematic aspects. Editor Crispin Sartwell's superb introduction highlights those aspects in assessing Shusterman's thought in the context of contemporary philosophy while suggesting ways that Shusterman's project could be developed in the future.
The Critique of Management: Towards a Philosophy and Ethics of Business Management
by Vincent BlokThis book reflects on the nature of business management to contribute to the development of a philosophy and ethics of management. It engages in conceptual engineering of management to delineate the phenomenon of management and, as a result, to open a new perspective on management beyond its self-evident conceptualization. After questioning the self-evident concept of management, the author develops a philosophy of management with six dimensions of the nature of management: management as participation; management as resistance and responsive action; management as constitution of meaning; management as politico-economic governance; management as non-reductive stakeholder engagement; and management as epistemic insufficient entrepreneurship. These six dimensions of management are taken as points of departure to develop an integrated concept of business ethics, an individual competence for ethical business management, and a concept of ethical codes for corporate social responsible behavior. This new conception of philosophy of management and business ethics can guide future philosophical and empirical work on the nature of management. The Critique of Management is an excellent resource for researchers, students, and professionals interested in philosophy of management, business ethics, and corporate social responsibility.
The Cross and Gendercide: A Theological Response to Global Violence Against Women and Girls
by Elizabeth GerhardtViolence against women and girls is a human rights epidemic that affects millions of lives around the world. While many Christians are addressing this crisis through education, advocacy and philanthropic support, there has been a reluctance to name gendercide as a theological and confessional issue, a matter that strikes at the very essence of the Christian faith. In The Cross and Gendercide, Elizabeth Gerhardt draws on Luther's "theology of the cross" to provide a theological basis for naming and responding to the grave sin of global gendercide. She lifts up the work and witness of Dietrich Bonhoeffer as an especially powerful resource for mobilizing the church today toward political action and social engagement. From the perspective of Christ's cross, the church must raise a prophetic voice against systemic violence and speak up for the myriad women and girls who are invisible and voiceless in the world today.
The Cross of War
by Matthew Mccullough"The Cross of War" documents the rise of "messianic interventionism"-the belief that America can and should intervene altruistically on behalf of other nations. This stance was first embraced in the Spanish-American War of 1898, a war that marked the dramatic emergence of the United States as an active world power and set the stage for the foreign policy of the next one hundred years. Responding to the circumstances of this war, an array of Christian leaders carefully articulated and defended the notion that America was responsible under God to extend freedom around the world-by force, if necessary. Drawing from a wide range of sermons and religious periodicals across regional and denominational lines, Matthew McCullough describes the ways that many American Christians came to celebrate military intervention as a messianic sacrifice, to trace the hand of God in a victory more painless and complete than anyone had imagined, and to justify the shift in American foreign policy as a divine calling.
The Cross: An Eddie Flynn Novella
by Steve CavanaghAn exclusive race against time ebook short thriller.**Contains an extract from Steve Cavanagh's brilliant debut novel, THE DEFENCE** Eddie Flynn, con-man turned criminal lawyer, has an impossible choice.He has damning evidence against a corrupt NYPD detective who stands accused of killing a suspect.But if he uses this evidence in court, both he and his client - the dead man's widow - will be in mortal danger.Should he risk their lives to win the case? Or keep quiet and let a murderer go free.'Everything a great thriller should be and I can't wait to see more of Eddie Flynn.' Mark Billingham'Jack Reacher's younger, hotter-headed brother.' Irish Times
The Cross: An Eddie Flynn Novella
by Steve CavanaghAn exclusive race against time ebook short thriller.**Contains an extract from Steve Cavanagh's brilliant debut novel, THE DEFENCE** Eddie Flynn, con-man turned criminal lawyer, has an impossible choice.He has damning evidence against a corrupt NYPD detective who stands accused of killing a suspect.But if he uses this evidence in court, both he and his client - the dead man's widow - will be in mortal danger.Should he risk their lives to win the case? Or keep quiet and let a murderer go free.'Everything a great thriller should be and I can't wait to see more of Eddie Flynn.' Mark Billingham'Jack Reacher's younger, hotter-headed brother.' Irish Times
The Crossing (Harry Bosch Series #18)
by Michael ConnellySix months ago, Harry Bosch left the LAPD before they could fire him, and then hired maverick Defense Attorney Mickey Haller to sue the department for forcing him out. Although it wasn't the way he wanted to go, Harry has to admit that being out of the game has its benefits. Until Mickey asks him to help on one of his cases, and suddenly Harry is back where he belongs, right in the centre of a particularly puzzling murder mystery. The difference is, this time Harry is working for the defense, aiming to prevent the accused, Da'Quan Foster, from being convicted. And not only does the prosecution seem to have a cast-iron case, but having crossed over to 'the dark side' as his former colleagues would put it, Harry is in danger of betraying the very principles he's lived by his whole career.Read by the star of BOSCH, Titus Welliver(p) 2015 Hachette Audio
The Crossing (Harry Bosch Series #18)
by Michael ConnellySix months ago, Harry Bosch left the LAPD before they could fire him, and then hired maverick Defense Attorney Mickey Haller to sue the department for forcing him out. Although it wasn't the way he wanted to go, Harry has to admit that being out of the game has its benefits. Until Mickey asks him to help on one of his cases, and suddenly Harry is back where he belongs, right in the centre of a particularly puzzling murder mystery. The difference is, this time Harry is working for the defense, aiming to prevent the accused, Da'Quan Foster, from being convicted. And not only does the prosecution seem to have a cast-iron case, but having crossed over to 'the dark side' as his former colleagues would put it, Harry is in danger of betraying the very principles he's lived by his whole career.
The Crossroads of Competition Law and Energy Regulation
by Laura RimšaitėThis book explores the delicate balance between fostering competitive energy markets and ensuring effective regulation. It addresses the difficulty of reconciling competitive market dynamics with regulatory objectives such as ensuring reliability, fairness, and sustainability. In the highly dynamic energy sector, the convergence of competition law and energy regulation is a critical factor that greatly influences the trajectory of energy markets. The intersection of these significant domains can be complex and transformative when the goals of fostering fair competition and guaranteeing dependable and eco-friendly energy provision coincide. Market power in the energy sector can lead to a concentration of power among a handful of firms, which can hinder competition and limit consumer options. The dual objective of tackling market dominance and promoting energy security constitutes a significant challenge. In turn, the book discusses the challenges posed by natural monopolies in energy networks, the need for regulatory frameworks to support investment in infrastructure and renewable energy, and the complexities of price fluctuations. The topic of market dominance is also considered, as dominant corporations are capable of controlling prices and suppressing competition, resulting in higher prices for consumers and stifling innovation. The book offers valuable perspectives on creating a regulatory framework that promotes fair competition and achieves long-term policy goals in the energy sector. To do so, it draws on case studies and analyses from various countries.
The Crown and the Courts: Separation Of Powers In The Early Jewish Imagination
by David C. FlattoA scholar of law and religion uncovers a surprising origin story behind the idea of the separation of powers.The separation of powers is a bedrock of modern constitutionalism, but striking antecedents were developed centuries earlier, by Jewish scholars and rabbis of antiquity. Attending carefully to their seminal works and the historical milieu, David Flatto shows how a foundation of democratic rule was contemplated and justified long before liberal democracy was born.During the formative Second Temple and early rabbinic eras (the fourth century BCE to the third century CE), Jewish thinkers had to confront the nature of legal authority from the standpoint of the disempowered. Jews struggled against the idea that a legal authority stemming from God could reside in the hands of an imperious ruler (even a hypothetical Judaic monarch). Instead scholars and rabbis argued that such authority lay with independent courts and the law itself. Over time, they proposed various permutations of this ideal. Many of these envisioned distinct juridical and political powers, with a supreme law demarcating the respective jurisdictions of each sphere. Flatto explores key Second Temple and rabbinic writings—the Qumran scrolls; the philosophy and history of Philo and Josephus; the Mishnah, Tosefta, Midrash, and Talmud—to uncover these transformative notions of governance.The Crown and the Courts argues that by proclaiming the supremacy of law in the absence of power, postbiblical thinkers emphasized the centrality of law in the people’s covenant with God, helping to revitalize Jewish life and establish allegiance to legal order. These scholars proved not only creative but also prescient. Their profound ideas about the autonomy of law reverberate to this day.