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Author: Chris Ashford
Publisher: Cambridge Scholars Publishing
ISBN: 1443857173
Category : Law
Languages : en
Pages : 439
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Book Description
The issue of consent and criminal law commonly focuses on consent in sports, sexual activity, and medical treatment. The notion of consent and the influence of state control in this context, however, are pervasive throughout the criminal justice process from the pre-trial stage to rehabilitation. This edited collection charts an important and original pathway to understanding these important issues, pre-, during, and post-trial, from a range of perspectives, including doctrinal, socio-legal, intersectional, medico-legal, feminist, critical legal, and queer theoretical viewpoints. The collection addresses the complex inter-relationship between consent and state control in relation to private authorisation and public censure; sexual behaviour; the age of consent; queering consent; Pro-LGBTI Refugee cases; rape by fraud; male rape; undercover policing; prisons and consent; compulsory treatment for sex offenders; sex offenders with high functioning autism and the suitability of sex offender treatment programmes; and, the criminalisation of HIV transmission. This multi-disciplinary approach draws together a variety of experts from legal and medical academia and practice in order to confront the issues raised by these subjects, which are likely to remain controversial and in need of reform for years to come.
Author: Chris Ashford
Publisher: Cambridge Scholars Publishing
ISBN: 1443857173
Category : Law
Languages : en
Pages : 439
Get Book
Book Description
The issue of consent and criminal law commonly focuses on consent in sports, sexual activity, and medical treatment. The notion of consent and the influence of state control in this context, however, are pervasive throughout the criminal justice process from the pre-trial stage to rehabilitation. This edited collection charts an important and original pathway to understanding these important issues, pre-, during, and post-trial, from a range of perspectives, including doctrinal, socio-legal, intersectional, medico-legal, feminist, critical legal, and queer theoretical viewpoints. The collection addresses the complex inter-relationship between consent and state control in relation to private authorisation and public censure; sexual behaviour; the age of consent; queering consent; Pro-LGBTI Refugee cases; rape by fraud; male rape; undercover policing; prisons and consent; compulsory treatment for sex offenders; sex offenders with high functioning autism and the suitability of sex offender treatment programmes; and, the criminalisation of HIV transmission. This multi-disciplinary approach draws together a variety of experts from legal and medical academia and practice in order to confront the issues raised by these subjects, which are likely to remain controversial and in need of reform for years to come.
Author: Kaiyan Homi Kaikobad
Publisher: Martinus Nijhoff Publishers
ISBN: 9004175873
Category : Political Science
Languages : en
Pages : 625
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Book Description
Undoubtedly one of the paragons of public international law in contemporary times, Colin Warbrick is truly held in high esteem by his peers at home and abroad. His breadth of knowledge is reflected in a large number of scholarly works and in his appointment as a Specialist Adviser to the Select Committee on the Constitution of the House of Lords and as a consultant to both the Council of Europe and OSCE. This "festschrift" celebrates on his retirement as Barber Professor of Jurisprudence at Birmingham University, his extraordinary talent and academic career by bringing together a group of eminent judges, practitioners and academics to write on international human rights, international criminal justice and international order and security, fields in which Professor Warbrick has left an indelible mark.
Author:
Publisher: BRILL
ISBN: 9401201846
Category : History
Languages : en
Pages : 227
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Book Description
The topic of “evil” means different things depending upon context. For some, it is an archaic term, while others view it as a central problem of ethics, psychology, or politics. Coupled with state power, the problem of evil takes on a special salience for most observers. When governments do evil –in whatever way we define the term – the scale of harm increases, sometimes exponentially. The evils of state violence, then, demand our attention and concern. Yet the linkage of evil with state power does not resolve the underlying question of how to understand the concepts that we invoke when we use the term. Instead, the question becomes what evil means in the context of and in relation to state power. The fifteen essays in this book bring multiple perspectives to bear on the problems of state-sponsored evil and violence, and on the ways in which law enables or responds to them. The approaches and conclusions articulated by the various contributors sometimes complement and sometimes stand in tension with each other, but as a whole they contribute to our ongoing effort to understand the characteristics and workings of state power, and our need to grapple with the harm it causes.
Author: Charles L. Black, Jr.
Publisher:
ISBN:
Category :
Languages : en
Pages : 132
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Book Description
Author: Michael Buenger
Publisher: Edward Elgar Publishing
ISBN: 1783477903
Category : LAW
Languages : en
Pages : 336
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Book Description
American Judicial Power: The State Court Perspective is a welcome addition to the breadth of studies on the American legal system and provides an accessible and highly illuminating overview of the state courts and their functions. The study of America’s courts is overwhelmingly skewed toward the federal government, and therefore often overlooks state courts and their importance. Michael Buenger and Paul De Muniz fill this gap in the study of American constitutionalism, as they examine the wide and distinctive powers these courts exercise, and their role in administering the bulk of the nation’s justice system. This groundbreaking work covers many critical topics pertaining to the state courts, including: a comparison of the role of state and federal courts, the history of America’s state courts, the judicial selection processes utilized in the states, the unique roles assigned to state courts and the varying structure of those courts, the relationship between state judicial power and state legislative power, and the opportunities and challenges that are and will be facing the state courts. With an insightful foreword from Sanford Levinson, this revolutionary book will be of interest to students, educators, and researchers in the fields of law, political science, and government. Constitutional law experts will also benefit from an analysis of the state courts and their powers.
Author: Vincenzo Ruggiero
Publisher: Routledge
ISBN: 1317647394
Category : Business & Economics
Languages : en
Pages : 182
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Book Description
This book provides an analysis of the two concepts of power and crime and posits that criminologists can learn more about these concepts by incorporating ideas from disciplines outside of criminology. Although arguably a 'rendezvous' discipline, Vincenzo Ruggiero argues that criminology can gain much insight from other fields such as the political sciences, ethics, social theory, critical legal studies, economic theory, and classical literature. In this book Ruggiero offers an authoritative synthesis of a range of intellectual conceptions of crime and power, drawing on the works and theories of classical, as well as contemporary thinkers, in the above fields of knowledge, arguing that criminology can ‘humbly’ renounce claims to intellectual independence and adopt notions and perspectives from other disciplines. The theories presented locate the crimes of the powerful in different disciplinary contexts and make the book essential reading for academics and students involved in the study of criminology, sociology, law, politics and philosophy.
Author: Mary Ellen O'Connell
Publisher: Oxford University Press
ISBN: 9780199831029
Category : Political Science
Languages : en
Pages : 408
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Book Description
The world is poised for another important transition. The United States is dealing with the impact of the Afghan and Iraq wars, the use of torture and secret detention, Guantanamo, climate change, nuclear proliferation, weakened international institutions, and other issues related directly or indirectly to international law. The world needs an accurate account of the important role of international law and The Power and Purpose of International Law seeks to provide it. Mary Ellen O'Connell explains the purpose of international law and the power it has to achieve that purpose. International law supports order in the world and the attainment of humanity's fundamental goals of peace, prosperity, respect for human rights, and protection of the natural environment. These goals can best be realized through international law, which uniquely has the capacity to bind even a superpower of the world. By exploring the roots and history of international law, and by looking at specific events in the history of international law, this book demonstrates the why and the how of international law and its enforcement. It directly confronts the notion that international law is "powerless" and that working within the framework of international law is useless or counter-productive. As the world moves forward, it is critical that both leaders and their citizens understand the true power and purpose of international law and this book creates a valuable resource for them to aid their understanding. It uses a clear, compelling style to convey topical, informative and cutting-edge information to the reader.
Author:
Publisher: BRILL
ISBN: 1848880413
Category : Philosophy
Languages : en
Pages : 131
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Book Description
This volume is a collection of the chapter presentations contributed by participants in the 4th Global Conference on Evil, Law & the State: Issues in State Power and Violence. The conference drew together a number of scholars from different backgrounds: law, politics, philosophy, religious studies, literature and cinema.
Author: Rainer Arnold
Publisher: Springer
ISBN: 3319551868
Category : Law
Languages : en
Pages : 446
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Book Description
Judicial control of public power ensures a guarantee of the rule of law. This book addresses the scope and limits of judicial control at the national level, i.e. the control of public authorities, and at the supranational level, i.e. the control of States. It explores the risk of judicial review leading to judicial activism that can threaten the principle of the separation of powers or the legitimate exercise of state powers. It analyzes how national and supranational legal systems have embodied certain mechanisms, such as the principles of reasonableness, proportionality, deference and margin of appreciation, as well as the horizontal effects of human rights that help to determine how far a judge can go. Taking a theoretical and comparative view, the book first examines the conceptual bases of the various control systems and then studies the models, structural elements, and functions of the control instruments in selected countries and regions. It uses country and regional reports as the basis for the comparison of the convergences and divergences of the implementation of control in certain countries of Europe, Latin America, and Africa. The book’s theoretical reflections and comparative investigations provide answers to important questions, such as whether or not there are nascent universal principles concerning the control of public power, how strong the impact of particular legal traditions is, and to what extent international law concepts have had harmonizing and strengthening effects on internal public-power control.
Author: Markus D. Dubber
Publisher: Oxford University Press
ISBN: 0191061778
Category : Law
Languages : en
Pages : 320
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Book Description
In The Dual Penal State, Markus Dubber addresses the rampant use of penal power in Western liberal democracies. The interference with the autonomy of the very persons upon whose autonomy the legitimacy of state power is supposed to rest is systemically normalized, rather than continuously scrutinized. The fundamental challenge of the penal paradox-the prima facie illegitimacy of modern punishment-remains unaddressed and unresolved. Focusing on the United States and Germany, and drawing on his influential account of the patriarchal origins of police power, Dubber exposes the persistence of a two-sided criminal justice regime: the dual penal state. The dual penal state combines principled punishment of equals under the rule of law, on one side, with punitive discipline of others under the rule of police, on the other. Slavery has long played a central role in drawing the line between the two sides of the dual penal state. In Europe, the slave appears in the classic and still foundational accounts of liberal punishment (from Beccaria to Kant) as the paradigmatic other beyond the protection of law, not a legal subject but a mere object of the master's or the state's discretionary discipline. In America, the patriarchal power to police portrays the continuum from the antebellum slaveholder's whipping of his slaves in private and the racial terror perpetrated by slave patrols in public, to the apartheid regime of Jim Crow and the treatment of prisoners as "slaves of the state," and eventually to the late 20th century's systemic racial violence of the “war on crime" and the widespread killing of Black suspects by an increasingly militarized and armed police force that triggered the global Black Lives Matter movement.
