Criminalization Vol. II : Where Do We Go from Here? /
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In this second of two volumes, Criminalization: Where Do We Go from Here embarks on an exploration of the historical roots of over criminalization. It traces its origins back to ancient legal systems and societal norms, elucidating the evolution of the legal framework alongside shifting attitudes and policy decisions. The chapters shed light on the socio-cultural forces that have contributed to the proliferation of criminal laws, resulting in a state of over criminalization in contemporary society, supported by empirical analysis. See Less
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1 online resource (249 pages) : illustrations. :
Includes bibliographical references and index. :
9789004711105
Justice, the Digital Revolution, Society and the Individual /
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The effects that the digital revolution is having on the threads that make up the fabric of our society are significant. Methods of communication and the ways in which individuals interact are changing. This has led to changes to our institutions, our well known structures and our trusted hierarchies. In this book the authors investigate the instruments of change in order to grasp how justice, the construct of society and the individual can be understood. The innovations brought forward by the digital revolution are inevitable and are here to stay, indeed at times they will cause conflict. This book recognises that changes to institutions such as the law must occur for us to adapt to a new and changing environment. See Less
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1 online resource (215 pages) : illustrations. :
Includes bibliographical references and index. :
9789004702691
Who Benefits from the Sanitized Language of Violence? /
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Language is not neutral; it determines, and is determined, by perspective. This volume explores the role of an influential vocabulary of war, sanitised language, the language that seeks to clean up the appearance of events through euphemism, abstract words and opaque phrases. Critical discourse analysis of the language of recent military campaigns shows that the public authorities do not explain events as clearly as they might. Despite social, political and strategic incentives to use sanitised language, its use appears to undermine the democratic process and reduce public authorities' freedoms, possibly emboldening adversaries and turning away potential partners.
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1 online resource (70 pages) : illustrations. :
Includes bibliographical references and index. :
9789004696426
Religious Freedom without the Rule of Law : The Constitutional Odysseys of Afghanistan, Egypt, and Iraq and the Fate of the Middle East /
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The volume compares the efforts to instil the values and practices of the rule of law in the Middle East in the early twenty-first century with their disappointing performances in terms of safety, human rights, and, especially, religious freedom. It zooms in on Afghanistan, Egypt, and Iraq to argue that international interventions and local initiatives underestimated the ethno-religious mosaic of these countries and their political and constitutional culture. The standard notion of the rule of law values individualism, equality, rights, and courts, which hardly fit the makeup of the Middle East. Securing stability and protecting religious freedom in the region requires compromising on the rule of law; the consociational model of constitutionalism would have better chances of achieving them.
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Includes bibliographical references and index. :
9789004533226
A Functional Approach to the Legal Review of Autonomous Weapon Systems /
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Autonomous Weapon Systems (AWS) are no longer limited to science fiction. Conflicts in the Ukraine and Gaza demonstrate an increased trend toward the use of autonomy in the use of force in armed conflict. This book analyses the art 36 legal review obligation and assesses how states can determine the legality of AWS. It proposes a new 'functional' approach to legal review that considers both weapons law and targeting rules engaged by the autonomous functionality.
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1 online resource (255 pages) : illustrations. :
Includes bibliographical references and index. :
9789004707047
The Concept of Marriages of Convenience in EU Free Movement Law : EU and UK Perspectives /
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Over the past two decades, EU Member States have regularly complained about the perceived abuse of EU law via marriages of convenience, allegedly contracted between mobile EU citizens and third-country nationals. During the pre-Brexit years, the UK had been voicing particularly strong concerns about the issue, which ultimately resulted in regulatory changes both at the EU and national level. In this book, Aleksandra Ancite-Jepifánova pursues two interrelated aims. First, she evaluates the compatibility of EU-level measures addressing marriages of convenience with EU free movement law by focusing on the Citizenship Directive. Second, she examines the regulation of the issue in UK law in so far as it concerns the residence rights of EU citizens and their family members, both pre-and post-Brexit. See Less
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1 online resource (312 pages) : illustrations. :
Includes bibliographical references and index. :
9789004499263
The Autonomy of the Åland Islands : Constitutional and International Law Challenges /
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Published on occasion of the 100 year anniversary of the Åland Islands' autonomy, this book brings up and discusses a number of challenging issues, from constitutional and international law perspectives, concerning both the Åland situation and autonomy in general. Among the questions raised are: Is autonomy part of international law and which international organisations may have jurisdiction? Is autonomy a human right or is it about the prevention of violent conflicts? Does the Åland Autonomy constitute a useful model for other minority groups? Do the Åland Islands stand to benefit from anything in international law, be it substantive or procedural?
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1 online resource (330 pages) : illustrations. :
Includes bibliographical references and index. :
9789004691117
The Many Faces of Populism : Perspectives from Critical Theory and Beyond /
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Today, more than ever, it is easy to understand how populism has become such a contested word in contemporary politics. Despite its relatively short history, the term follows a rather volatile trajectory in terms of its historical development and presence as a political practice. When we look at its political and moral impact, one can see that despite its often strict national commitments and narratives, populism is rather a global political phenomenon. As embodiment of anti-establishment narratives, polarizing attitudes, and emancipatory appeal, we can follow its occurrence from Central and Eastern Europe, Latin America, the USA and UK, the Middle East, all the way to China and India. This edited volume helps fill a gap in the existing literature on Critical Theory (broadly construed) and populism, focusing on the multiple dimensions of historical and contemporary contexts for today's rising populist movements and their often - but not necessarily - hostile relations towards cosmopolitanism, globalization, environmentalism, and general notions of inclusion and justice. Contributors are: Emília Barna, Ronald Beiner, Dustin J. Byrd, Samir Gandesha, Carlos Antonio Giovinazzo Júnior, Mlado Ivanovic, Yonathan Listik, Grigoris Markou, Jeremiah Morelock, Felipe Ziotti Narita, Ágnes Patakfalvi- Czirják, Maria Cristina Dancham Simões and Hassan Zaheer. See Less
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1 online resource (316 pages) : illustrations. :
Includes bibliographical references and index. :
9789004712546
Organized Criminal Terrorism : An International Law and International Relations Perspective /
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In this book contributors engage into the theoretical dialogue about the interplay between terrorism and organized crime. Arguing in favor of its existence, the authors of the book seek to define the phenomenon of 'organized criminal terrorism'
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1 online resource (232 pages) : illustrations. :
Includes bibliographical references and index. :
9789004424579
Criminalization : Politics and Policies /
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Criminalization: Politics and Policies provides a thorough analysis of the relationship between politics, policies, and criminalization. Through diverse perspectives and scholarly essays, it explores the multifaceted issues in criminal justice, law, and governance. The book scrutinizes the impact of law, society, politics, and penal populism on criminalization across legal systems, advocating for a reassessment of criminal law's scope. It delves into the prevalence of resorting to criminalization for social issues, urging for a critical review. Additionally, it examines the normative foundations of criminalization, addressing 'over'-criminalization and exploring its empirical and normative aspects. The anthology also considers the roles of prosecutorial and judicial discretion, as well as State preventive powers, in over-criminalization. Whether a scholar, policymaker, or citizen, readers gain insights into the expansion of criminal laws and their consequences, making it a valuable resource for understanding the dynamics of law, politics, and power in criminal justice. Contributors are Naveed Ahmad, Chirag Balyan, Shruti Bedi, Subhangi Jain, Charles Khamala, Sébastien Lafrance, Sidharth Luthra, David McCallum, Garima Pal, Daria Ponomareva, Alok Prasanna, Yogesh Pratap Singh, and Ekkehard Strauss.
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1 online resource (242 pages) : illustrations. :
Includes bibliographical references and index. :
9789004707856
Governmental Policies to Fight Pandemic : The Boundaries of Legitimate Limitations on Fundamental Freedoms /
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This book offers a wide comparative overview of the legal measures enacted by countries throughout the world to react to the unprecedented public health emergency caused by the COVID-19 pandemic. The volume gathers the General Reports and selected National Reports presented at the 2022 General Congress of the International Academy of Comparative Law. While the National Reports focus on single countries, the General Report provides a comparative analysis of observed trends and main legal issues. In doing so, it draws some guidelines on how to improve responses to potential forthcoming emergencies characterized by a global reach, as COVID-19 was. See Less
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1 online resource (677 pages) : illustrations. :
Includes bibliographical references and index. :
9789004708655
The Conceptualization of Equality and Non-discrimination as Legal Standards : From Formal to More Substantive Equality /
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This book provides an in-depth analysis of the central concepts figuring in equality and non-discrimination standards across jurisdictions: formal and substantive equality, direct and indirect discrimination, reasonable accommodation, affirmative action and intersectional discrimination. It explains how different conceptualizations matter and may result in different outcomes in legislation, case law and policies. In doing so it draws on examples from a wide variety of sources, including the European, Inter-American and global human rights systems and the jurisprudence of the apex courts in Canada, India, South Africa and the US. This study also shows how the conceptualization of equality has been moving overall from formal to more substantive equality.
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1 online resource (296 pages) : illustrations. :
Includes bibliographical references and index. :
9789004538368