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Sexual Assault
This edited volume brings together leading scholars on sexual assault law to discuss the shift towards consent-based sexual assault laws. It explores the complexities of consent in different jurisdictions with reformed sexual assault laws and analyses their strengths and weaknesses.
SOU 2006:030 Är rättvisan rättvis? Tio perspektiv på diskriminering av etniska och religiösa minoriteter inom rättssystemet
Publikationen er den 5 i udredningen om "Makt, integration och strukturell diskriminering" og gransker den institutionelle diskriminering inden for retsvæsnet i Sverige
The Structures of The Criminal Law
Criminalization is a new series arising from an interdisciplinary investigation into the issue of criminalization, focussing on the principles and goals that should guide decisions about what kinds of conduct are to be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the six volumes will tackle the key questions at the heart of issue: By reference to what principles and goals should legislations decide what tocriminalize? How should criminal wrongs be classified and differentiated? And how should law enforcement officials apply the law's specification of offences?The second volume in the series concerns itself with the structures...
Gender, Religion, and Family Law
Groundbreaking theoretical and legal approaches to resolving conflicts between gender equality and cultural practices
Cultural Defences at the International Criminal Court
Cultural defences, i.e. claims that certain aspects of a defendant’s cultural background should be taken into consideration by courts when adjudicating on their guilt or innocence, have been raised before domestic courts in a variety of jurisdictions. This has been a very sensitive and controversial issue. However, the issue of cultural defences at international tribunals is one that has not yet been fully explored. The main objective of this book is to analyse if the International Criminal Court can, and should, accommodate cultural defences as answers to legal charges, or if the Court should accommodate cultural considerations in other ways.
Criminal Law and Cultural Diversity
What place, if any, ought cultural considerations have when we blame and punish in the criminal law? Bringing together political and legal theorists Criminal Law and Cultural Diversity offers original and diverse discussions that go to the heart of both legal and political debates about multiculturalism, human agency, and responsibility.
The Boundaries of the Criminal Law
Criminalization is a new series arising from an interdisciplinary investigation into criminalization, focussing on the principles and goals that should guide decisions about what kinds of conduct are to be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the six volumes will tackle the key questions at the heart of issue: By reference to what principles and goals should legislations decide what to criminalize? How should criminal wrongs be classified and differentiated? And how should law enforcement officials apply the law's specification of offences? Boundaries of the Criminal Law is the first book in this series examining the ...
What is Wrong with Human Trafficking?
The overarching objective of this volume is to discuss and critique the legal regulation of human trafficking in national and transnational context. Specifically, discussion is needed not only with regard to the historical and philosophical points of departure for any criminalisation of trafficking, but also, regarding the societal and social framework, the empirical dimension such as existing statistics in the area, and the need for more data. The book combines descriptive and normative analyses of the crime of trafficking in human beings from a cross-legal perspective. Notwithstanding the enhanced interest for human trafficking in politics, the public and the media, a critical perspective such as the one pursued herewith has so far been largely absent. Against this background, this approach allows for theoretical findings to be addressed by pointing out and elaborating different, interdisciplinary conflicts and inconsistencies in the regulation of human trafficking. The book discusses the phenomenon of human trafficking critically from various angles, giving it 'shape' and showing how it comes to life in the legal regulation.
Intersections of Law and Culture at the International Criminal Court
This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court’s legal foundations, functioning and legitimacy, both in theory and in practice.
Sinners and Citizens
Sinners and Citizens explores how sexual habits changed in Sweden during its development from an agrarian society into a modern welfare state. Jens Rydström examines the history of homosexuality and bestiality in that country to consider why these sexual practices have been so closely linked in virtually all Western societies. He limns sharply the distinctive experience of rural life, showing that to regularly witness farm animals stirred passions and sparked ideas, especially among young farmhands. Based on medical journals, psychiatric reports, and court records from the period, as well as testimonies from men in diaries, letters, and interviews, Sinners and Citizens reveals that bestiality was once a dreaded crime in Sweden. But in time, mention of the practice disappeared completely from legal and medical debates. This, Rydström contends, is because models of penetrative sodomy shifted from bestiality to homosexuality as Sweden transformed from a rural society into a more urban one. As the nation's economy and culture became less identified with the countryside, so too did its idea of deviant sexual behavior.
