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Decolonizing the Criminal Question
Within the discipline of criminology and criminal justice, relatively little attention has been paid to the relationship between criminal law, punishment, and imperialism, or the contours and exercise of penal power in the Global South. Decolonizing the Criminal Question is the first work of its kind to comprehensively place colonialism and its legacies at the heart of criminological enquiry. By examining the reverberations of colonial history and logics in the operation of penal power, this volume explores the uneasy relationship between criminal justice and colonialism, bringing relevance of these legacies in criminological enquiries to the forefront of the discussion. It invites and pursu...
Constitutionalism of the Global South
The Indian Supreme Court, the South African Constitutional Court and the Colombian Constitutional Court have been among the most important and creative courts in the Global South. In Asia, Africa and Latin America, they are seen as activist tribunals that have contributed (or attempted to contribute) to the structural transformation of the public and private spheres of their countries. The cases issued by these courts are creating a constitutionalism of the Global South. This book addresses in a direct and detailed way the jurisprudence of these Courts on three key topics: access to justice, cultural diversity and socioeconomic rights. This volume is a valuable contribution to the discussion about the contours and structure of contemporary constitutionalism. It makes explicit that this discussion has interlocutors both in the Global South and Global North while showing the common discourse between them and the differences on how they interpret and solve key constitutional problems.
Transnational Legal Ordering of Criminal Justice
A new approach for studying the interaction between international and domestic processes of criminal law-making in today's globalized world.
The Politics of the Globalization of Law
How does the globalization of law, the emergence of multiple and shifting venues of legal accountability, enhance or evade the fulfillment of international human rights? Alison Brysk’s edited volume aims to assess the institutional and political factors that determine the influence of the globalization of law on the realization of human rights. The globalization of law has the potential to move the international human rights regime from the generation of norms to the fulfillment of rights, through direct enforcement, reshaping state policy, granting access to civil society, and global governance of transnational forces. In this volume, an international and interdisciplinary team of scholar...
Summer of Discontent, Seasons of Upheaval
This book addresses a central problem often ignored by students of twentieth-century Mexico: the breakdown of the old order during the first years of the revolutionary era. That process was more contested and gradual in Yucatan than in any other Mexican region, and this close examination of the Yucatan experience sheds light on an issue of particular relevance to students of Central America, South America’s southern cone, and other postcolonial societies: the capacity of national oligarchies to “hang on” in the face of escalating social change, the outbreak of local rebellions, and the mobilization of multiclass coalitions. Latin American historiography has generally failed to integrate the study of popular movements and rebellions with examinations of the determined efforts of elite establishments to prevent, contain, crush, and, ultimately, ideologically appropriate such rebellions. Most often, these problems are treated separately. This volume seeks to redress this imbalance by probing a set of linkages that is central to the study of Mexico’s modern past: the complex, reciprocal relationship between modes of contestation and structures and discourses of power.
The Philosophical Foundations of Extraterritorial Punishment
1. Rights, Individuals, and States; 2. An Interest-based Justification for the Right to Punish; 3. Extraterritorial Jurisdiction over Municipal Crimes; 4. A Theory of International Crimes; 5. Extraterritorial Jurisdiction over International Crimes; 6. Legitimate Authority and Extraterritorial Punishment; 7. Conclusion.
Bulletin
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Research Handbook on Extraterritoriality in International Law
By engaging with the ongoing discussion surrounding the scope of cross-border regulation, this expansive Research Handbook provides the reader with key insights into the concept of extraterritoriality. It offers an incisive overview and analysis of one of the most critical components of global governance.
Criminal Legalities and Minorities in the Global South
This book explores how the law and the institutions of the criminal justice system expose minorities to different types of violence, either directly, through discrimination and harassment, or indirectly, by creating the conditions that make them vulnerable to violence from other groups of society. It draws on empirical insights across a broad array of communities and locales including Afghanistan, Colombia, Pakistan, India, Malawi, Turkey, Brazil, Singapore, Puerto Rico, and the Philippines. It examines the challenges of protecting those at the margins of power, especially those whom the law is often used to oppress. The chapters explore intersecting, marginal identities influenced by four f...
Official Gazette
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