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First published in 2001. Routledge is an imprint of Taylor & Francis, an informa company.
The "war on terror" has brought the subject of torture to the forefront of public attention. In contrast to other discussions that focus narrowly on the practice of torture, and condemn it under any and all circumstances, Mirko Bagaric and Julie Clarke argue that to take this position is to live in a moral vacuum. The subject of torture causes our emotions to conflict with our reason. When we have a choice between saving the life of an innocent person, and not harming a terrorist or other wrongdoer, it is indecent to absolutely prefer the interests of the wrongdoer. In contrast, they propose a moral standard where each individual's interest counts equally. Within this standard, the ostensibly brutal act of torture may be permissible if it has the potential to achieve compassionate outcomes in the form of saving innocent lives.
Sentencing is the most important area of law, yet ironically, it is also arguably the least coherent. This book suggests a way of introducing principle into sentencing by bridging the gap between the philosophical justification for punishment and sentencing law and practice.
Arranged in a convenient A-Z format. Features up-to-date legislation and case law.
This 2007 book analyses and evaluates existing standards and practices, and suggests how sentencing law should be reformed.
First published in 2001, Punishment and Sentencing provides a way of introducing principle into sentencing. This is done by bridging the gap between the philosophical justification for punishment and sentencing law and practice. In terms of the interests it deals with, sentencing is the most important area of law. Ironically it is also arguably the least coherent. Nearly three decades ago sentencing was described as a wasteland in the law. Unfortunately, little has changed in that time. Sentencing decisions are often made in accordance with the idiosyncratic sentiments of sentencers, rather than on the basis of binding rules and principles. Part A of the book provides an overview of current sentencing law and practice. Part B critically examines the main contemporary theories of punishment. Part C discusses the implications that this has for the sentencing process. It is a useful text for students of criminology law and philosophy courses, as well as a valuable resource for criminal law practitioners.
This book begins by examining the nature and scope of the right to privacy and its moral basis and status: What is privacy? What interests does it affect and protect? Is there a justification for the right? Privacy Law in Australia discusses the relevant legal regime in all Australian jurisdictions. It covers the extent to which privacy has been protected under common law and equity and then weaves these principles into the statutory discussion of privacy. It focuses specifically on the most important areas of privacy protection--medical records, communications, criminal investigations and DNA, employment, territory, and do on. Finally, it examines how the law may develop in the future.
Migration law has been a very controversial area over the past twenty years. The global movement of people and the plight of refugees have led to a series of controls on people entering into, and remaining in, Australia. The legislation containing the rules have been changed many times and the courts have considered hundreds of cases. In Migration and Refugee Law in Australia: Cases and Commentary, the main principles of law are extracted and explained so that the law can be understood. The book analyses the policy and moral considerations underpinning migration law, and suggests an overarching framework for developing migration law and critiquing existing policies and practices. Migration and refugee law is also analysed through the lens of Australian and international human rights law and conventions. Immigration is expected to be one of the most important issues facing Australia this century. Informed debate will produce outcomes.
Now in its fourth edition, Principles of Contemporary Corporate Governance offers comprehensive coverage of the key topics and emerging themes in private sector corporate governance. It explains both the principles of corporate governance systems and their real-world application in an authoritative and engaging manner. This fully revised and updated text has four parts: basic concepts, board structures and company officers; corporate governance in Australia; corporate governance in international and global contexts; and shareholder activism and business ethics. The coverage of international contexts includes sections on the US, the UK, Canada, South Africa, the EU, the OECD, Germany, Japan, China and Indonesia, plus new sections on New Zealand and India. A new chapter on business ethics and corporate governance presents contemporary discussions on the topic and explores some of the broader legal issues. Principles of Contemporary Corporate Governance is an indispensable resource for business and law students, academic researchers and practitioners
Principles of Contemporary Corporate Governance is an indispensable resource for academic researchers, practitioners and students studying corporate governance.