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A General Theory of the Civil Action
A general theory of the civil action.
Criminal Law
By following the format of a textbook, but also giving the reader extracts from important original materials (both cases and academic articles), Clarkson and Keating is designed to fulfil the roles of both textbook and source book. The text's approach to the study of criminal law is to explain and evaluate the main principles and rules by reference to the objectives of the law. It seeks to provide a social context to the law rather than a mere analysis of the rules.This edition has been updated to include extracts and analysis of leading decisions such as Woollin, Hinks, B v DPP and Smith (Morgan) as well as an evaluation of reform proposals such as those relating to sentencing and sexual offences.
The Truth about Crime
This new book by the well-known anthropologists Jean and John L. Comaroff explores the global preoccupation with criminality in the early twenty-first century, a preoccupation strikingly disproportionate, in most places and for most people, to the risks posed by lawlessness to the conduct of everyday life. Ours in an epoch in which law-making, law-breaking, and law-enforcement are ever more critical registers in which societies construct, contest, and confront truths about themselves, an epoch in which criminology, broadly defined, has displaced sociology as the privileged means by which the social world knows itself. They also argue that as the result of a tectonic shift in the triangulatio...
Of One-eyed and Toothless Miscreants
This volume examines scholarly and lay thinking about punishment of people convicted of crimes with particular emphasis on "making the punishment fit the crime." The contributors challenge the most prevalent current theories and emphasize the need for a shift away from the politicized emotionalism of recent decades. They argue that theories that coincided with mass incarceration and rampant injustice to countless individuals are evolving in ways that better countenance moving toward more humane and thoughtful approaches.
Criminal Sentencing in Bangladesh
In Criminal Sentencing in Bangladesh, Muhammad Mahbubur Rahman critically examines the sentencing policies of Bangladesh and demonstrates that the country’s sentencing policies are not only yet to be developed in a coherent manner and shaped with an appropriate and contextual balance, but also remain part of the problem rather than part of the solution. The author forcefully argues that the conception of ‘sentencing policies’ cannot and should not always be confined exclusively to institutional understandings. The typical realities of post-colonial societies call for rethinking the traditional judiciary-centred understanding of what is meant by criminal sentences. This book thus raises the question for theoretical sentencing scholarship whether the prevailing judiciary-centred understanding of sentencing should be rethought.
CLARKSON & KEATING
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Violence in the Contemporary World: An Interdisciplinary Approach
This volume was first published by Inter-Disciplinary Press in 2014. Understanding violence in the context of the contemporary world leads us to an infinite number of viewpoints and theoretical frameworks. Not only the study of violence has been largely split into specific groups, but at the same time different disciplines seem to have assumed the existence of a peaceful society in which violence occurs only in specific places and events - including armed conflicts, civil unrest and violent crime. However, it is a slippery concept that transcends unstable limits between public and private, legitimacy and illegitimacy, individual and collective spheres. Taking an interdisciplinary approach to the concept of violence in the contemporary world, we present a collection of seventeen chapters, organized in four sections: Sexualised and Intimate Partner Violence: encouraging disclosure; Urban Violence: crime and fear in the contemporary world; Representing violence: a critical analysis; Violence and Political destabilization: war, elections and corporations.
EU Cross-Border Succession Law
With cross-border successions becoming increasingly common in the context of the European Union, this timely book offers a systematic practical analysis of how cross-border successions should be treated, including examination of which courts may establish jurisdiction over succession disputes and which law governs such disputes. Studying cross-border successions in the context of estate planning and in the opening and liquidation of a succession, it examines the specificities of the European Certificate of Succession, contextualising it within its interface with the national laws and practice of EU Member States.
The Right Not to be Criminalized
This book presents arguments and proposals for constraining criminalization, with a focus on the legal limits of the criminal law. The book approaches the issue by showing how the moral criteria for constraining unjust criminalization can and has been incorporated into constitutional human rights and thus provides a legal right not to be unfairly criminalized. The book sets out the constitutional limits of the substantive criminal law. As far as specific constitutional rights operate to protect specific freedoms, for example, free speech, freedom of religion, privacy, etc, the right not to be criminalized has proved to be a rather powerful justice constraint in the U.S. Yet the general right not to be criminalized has not been fully embraced in either the U.S. or Europe, although it does exist. This volume lays out the legal foundations of that right and the criteria for determining when the state might override it. The book will be of interest to researchers in the areas of legal philosophy, criminal law, constitutional law, and criminology.
