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With international human rights under challenge, this book represents a comprehensive critique that adds a social policy perspective to recent political and legalistic analysis. Expert contributors draw on local and global examples to review constructs of universal rights and their impact on social policy and human welfare. With thorough analysis of their strengths, weaknesses and enforcement, it sets out their role in domestic and geopolitical affairs. For those with an interest in social policy, ethics, politics and international relations, this is an honest appraisal of both the concepts of international human rights and their realities.
This book provides a comprehensive and interdisciplinary examination of courtroom ethnography. This collection gathers international researchers from a multitude of disciplines to explore three central themes: doing courtroom ethnography, ethnographic studies of the courtroom, and contemporary and critical aspects of courtroom ethnography. It highlights the nuances, negotiations, and issues that ethnographic researchers face in the courtroom. It covers topics like how to study legal actors and lay participants, legal and social processes, norms and rulings, digitalisation and vulnerability, gender and inequalities, and more across a range of legal cases. It presents the current state of the art of the field of courthouse ethnography with a discussion of methodological challenges, modes of access and best practice examples. With practical tips/questions at the end of each chapter, it speaks to students and above in subjects including sociology, criminology, law, geography, sociology of law, conflict studies, socio-legal studies and beyond.
Because people’s contact with the criminal justice system comes in different shapes and forms, scholars are now broadening their analytical scope and examining the overall repercussions of criminal justice contact on families of offenders. Compared to Western societies, Japan is known for its lower crime rates and more pronounced use of informal social control. Thus, it offers a useful research site for examining how families in a low-crime society experience criminal justice contact and how they function as an integral part of the nation’s crime control mechanism. This book considers the role of the family in the lives of offenders and the criminal justice system in Japan. Looking parti...
Proportionality is a German, and thus continental European, concept in public law that is applied by both the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The principle specifies that measures adopted by executive authorities should not exceed the limits of what is appropriate and necessary in order to achieve legitimate objectives in the interest of the public. Using a functional comparative approach, this book evaluates the extent to which proportionality has been integrated into the English and Hong Kong judicial systems by comparing case law in these courts with that of the CJEU and the ECtHR. The text also reviews the development of proportionality and presents a topical understanding of why its adoption and application have encountered difficulties, particularly regarding socio-economic rights, in some jurisdictions, such as the United Kingdom and Hong Kong. Written by a scholar with experience from both within the Hong Kong judicial system and from international research, this book is the first all-encompassing reference for legal practitioners worldwide.
This book examines how class shapes interactions between professionals, parents, and young people in the youth justice system, utilising a mix of contemporary social theory and a wealth of empirical material. It suggests ways to neutralise the effects of class on youth justice interventions in structurally unequal societies and argues for reform based on conceptions of negotiated justice, relational agency, and autonomy in dependence. The author develops a theoretical framework to explore how class is negotiated within youth justice, taking as its starting point the work of Bourdieu on habitus, Boltanski and Thévenot on the sociology of lay normativity, and Sayer’s work on moral understan...
It has long been argued that families play a crucial role in helping support prisoners during and beyond their time in prison. Through harnessing material and emotional support offered through family, prisoners can have a stronger commitment to move towards prosocial pathways via these important social ties. Yet, often overlooked are the experiences of families themselves in providing support for prisoners. This book focuses on parents whose adolescent male children are sent to prison. Charting many of the adversities which parents face – from violence, psychological stress, to stigma and shame – the book provides one of the first empirical assessments of the ways parents manage the cons...
This book argues that environmental law must be seen as a historical product of surprising antiquity and considerable sophistication.
This handbook brings together the international research focussing on prisoners’ families and the impact of imprisonment on them. Under-researched and under-theorised in the realm of scholarship on imprisonment, this handbook encompasses a broad range of original, interdisciplinary and cross-national research. This volume includes the experiences of those from countries often unrepresented in the prisoner’s families’ literature such as Russia, Australia, Israel and Canada. This broad coverage allows readers to consider how prisoners’ families are affected by imprisonment in countries embracing very different penal philosophies; ranging from the hyper-incarceration being experienced i...
Celia Wells always felt like an outsider. Her unconventional early life was shaped by her Communist Party parents, she grew up as ‘town’ not ‘gown’ in Oxford, surrounded by books but living in a council house. She has uncovered an intriguing backstory with a bigamous grandmother, a convicted forger cousin transported to Australia in the 1840s, and the rise and fall of landed gentry. The author describes her parents’ bohemian friends and their coded language and uses their original wartime correspondence to produce a picture of a fascinating heritage which ran against the grain and shaped an inquiring mind. A Woman in Law shows how the post-war political landscape provided opportuni...
Every year millions of families are affected by the imprisonment of a family member. Children of imprisoned parents alone can be counted in millions in the USA and in Europe. It is a bewildering fact that while we have had prisons for centuries, and the deprivation of liberty has been a central pillar in the Western mode of punishment since the early nineteenth century, we have only relatively recently embarked upon a serious discussion of the severe effects of imprisonment for the families and relatives of offenders and the implications this has for society. This book draws together some of the excellent research that addresses the impact of criminal justice and incarceration in particular ...