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The Twilight of Social Conservatism
Despite many Americans’ triumphant proclamations that Barack Obama’s 2008 and 2012 elections signified a post-partisan, post-racial society, it seems that the United States is more divided than ever. From the rise of the Tea Party, to strident anti-immigration and anti-welfare movements, to the so-called “war on women”, the United States on its surface appears to be caught in the turmoil of a culture war that has not relented since the Reagan era. But, as John Dombrink writes in The Twilight of Social Conservatism, the conservative backlash seen during Obama’s presidency is indicative not of a rising social conservative force in society, but of a waning one. Drawing on demographic ...
The Timing of Guilty Pleas
While guilty pleas are the primary mode of criminal case dispositions across different legal jurisdictions, this topic remains an understudied area. The assumption is that defendants are 'playing the system' and that a sliding scale of sentence discounts is necessary to encourage early guilty pleas, which offer utilitarian benefits of efficiency. These assumptions lack a solid empirical foundation. This book offers a comprehensive investigation of how the timing of guilty pleas affects various facets of the criminal process, from the factors that affect this timing, to the effects that the sliding scale of sentence discounts have on sentences and public opinions about them. It also draws comparisons between Western and Asian legal systems, specifically those of England and Wales and Hong Kong. This book is addressed to scholars, legal practitioners, policymakers and those interested in criminal justice, socio-legal studies and empirical legal research.
Crime and the Chinese Dream
Although official propaganda emphasizes the Chinese Dream as the dream of all Chinese, the opportunities of achieving the prosperity by legal means are distributed unequally. Crime and the Chinese Dream reveals how people on the margins of Chinese society find their way to the Chinese Dream through illegal or deviant behaviours. The case studies in this book include corrupt doctors in public hospitals in Beijing, fraudsters in a village called ‘cake uncles’, illegal motorcycle taxi drivers in Guangzhou, drug users being ‘re-educated’ in detention centres, and internet addicts who are treated as criminals by the system. Despite the patriotic and collectivistic tint of the official dre...
Testing for Athlete Citizenship
Incidents of doping in sports are common in news headlines, despite regulatory efforts. How did doping become a crisis? What does a doping violation actually entail? Who gets punished for breaking the rules of fair play? In Testing for Athlete Citizenship, Kathryn E. Henne, a former competitive athlete and an expert in the law and science of anti-doping regulations, examines the development of rules aimed at controlling performance enhancement in international sports. As international and celebrated figures, athletes are powerful symbols, yet few spectators realize that a global regulatory network is in place in an attempt to ensure ideals of fair play. The athletes caught and punished for d...
The values of international organizations
From the United Nations to the International Bureau of Weights and Measures, the principles of international organizations affect all of our lives. The principles these organizations live by represent, at least in part, the principles all of us live by. This book quantifies international organizations’ affiliation with particular principles in their constitutions, like cooperation, peace and equality. Offering a sophisticated statistical and legal analysis of these principles, the authors reveal the values contained in international organizations’ constitutions and their relationship with one another. When these organizations are divided into groups, like regional versus universal organizations, many new, seemingly contradictory, interpretations of international organizations law emerge. Through elaborate network representations, radar charters, k-clusters analyses and scatter plots, this book offers an unprecedented insight into the principles and values of international organizations.
Wayward Dragon
This book provides a novel criminological understanding of white-collar crime and corporate lawbreaking in China focusing on: lack of reliable official data, guanxi and corruption, state-owned enterprises, media censorship, enforcement and regulatory capacity. The text begins with an introduction to the topic placing it in global perspective, followed by chapters examining the importance of comparative study, corruption as a major crime in China, case studies and etiology, domestic, regional and global consequences, and concluding theoretical and policy issues that can inform future research.
Principles of direct and superior responsibility in international humanitarian law
Now available as an ebook for the first time, Bantekas's 2002 title on the forms of criminal responsibility arising from violations of international humanitarian law examines the evolution of personal responsibility and its contemporary application to war crimes, crimes against humanity and genocide. It traces the origin and development of such concepts as direct participation, ordering, complicity and inciting. The work includes extensive analysis of the jurisprudence of the International Criminal Tribunals for Yugoslavia and Rwanda and the International Criminal Court, as well as a variety of other legal material. Hans-Peter Gasser, then editor of the International Review of the Red Cross, describes the book in his Foreword as 'an invaluable contribution to a better understanding of the role that criminal law can play in efforts to enhance respect for the rights of victims of violence and war'. This title in the Melland Schill Studies in International Law series is a useful text for all those who wish to understand the principles of criminal responsibility in international humanitarian law.
Beyond nationalism
This book discusses the meaning of the common good in a European Union thorned by nationalist tendencies and presents concrete policies to improve its achievement. It analyses the normative relevance of EU values as a shared moral standpoint that allows highly diverse member states to label a given collective choice as 'good' or 'bad'. It discusses the role of EU institutions as both guardians and enablers of EU values in a globalised world and introduces a few proposals for institutional reform at the EU level that could strengthen this role. It also presents six strategies to improve civic friendship in the EU, in the absence of which any institutional efforts to promote the common good may be undermined by the citizens’ lack of willingness to share its burdens.
The rights and duties of neutrals
Now available as an ebook for the first time, this 2000 title in the Melland Schill Studies in International Law series is a survey of the history of law of neutrality from its mediaeval roots to the end of the twentieth century. The theme is the eternal clash between the rights of neutrals and belligerents - between the right of belligerents to defeat their enemies, and the right of neutrals to trade freely with all parties. Over the centuries, belligerent powers have devised various legal means of restricting neutrals from trading with their enemies, such as the law of blockade and contraband carriage. At the same time, neutral traders have done their best to evade and circumvent these restrictions. This book traces the evolution of state practice, together with the debates over the relevant doctrinal issues and the various attempts to reform and codify the law of neutrality.
The law of the sea
For nearly forty years, The law of the sea has been regarded as an authoritative and standard work on the subject, combining detailed analysis and relevant, practical examples with a clear and engaging style. Completely revised and updated, this new edition will be a vital resource for anyone with an interest in maritime affairs. The book provides a rigorous analysis of the 1982 UN Convention on the Law of the Sea and the many other legal instruments that regulate human activities at sea, as well as taking full account of the numerous decisions of international courts and tribunals in recent years. It also traces the historical background to the law and its broader political, economic and en...
