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European Penology

Author: Tom Daems
Publisher: Bloomsbury Publishing
ISBN: 1782251294
Size: 46.23 MB
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Is there something distinctive about penology in Europe? Do Europeans think about punishment and penal policy in a different way to people in other parts of the globe? If so, why is this the case and how does it work in practice? This book addresses some major and pressing issues that have been emerging in recent years in the interdisciplinary field of 'European penology', that is, a space where legal scholarship, criminology, sociology and political science meet - or should meet - in order to make sense of punishment in Europe. The chapters in European Penology? have been written by leading scholars in the field and focus in particular on the interaction of European academic penology and national practice with European policies as developed by the Council of Europe and, increasingly, by the European Union.

European Penology

Author: Tom Daems
Publisher: Bloomsbury Publishing
ISBN: 1782251294
Size: 73.21 MB
Format: PDF, ePub, Mobi
View: 6916
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Is there something distinctive about penology in Europe? Do Europeans think about punishment and penal policy in a different way to people in other parts of the globe? If so, why is this the case and how does it work in practice? This book addresses some major and pressing issues that have been emerging in recent years in the interdisciplinary field of 'European penology', that is, a space where legal scholarship, criminology, sociology and political science meet - or should meet - in order to make sense of punishment in Europe. The chapters in European Penology? have been written by leading scholars in the field and focus in particular on the interaction of European academic penology and national practice with European policies as developed by the Council of Europe and, increasingly, by the European Union.

Travels Of The Criminal Question

Author: Dario Melossi
Publisher: Bloomsbury Publishing
ISBN: 1847316255
Size: 54.15 MB
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The expression 'the criminal question' does not at present have much currency in English-language criminology. The term was carried across from Italian debates about the orientation of criminology, and in particular debates about what came to be called critical criminology. One definition offered early in the debate described it as 'an area constituted by actions, institutions, policies and discourses whose boundaries shift'. According to this writer, crime, and the cultural and symbolic significance carried by law and criminal justice, is an integral aspect of the criminal question. 'The criminal question' draws attention to the specific location and constitution of a given field of forces, and the themes, issues, dilemmas and debates that compose it. At the same time it enables connections to be made between these embedded realities and the wider, conceivably global, contours of influence and flows of power with which it connects. This in turn raises many questions. How far do the responses to crime and punishment internationally flow from and owe their contemporary shape to the cultural and economic transformations now widely known as 'globalisation'? How can something that is in significant ways embedded, situated, and locally produced also travel? What is not in doubt is that it does travel - and travel with serious consequences. The international circulation of discourses and practices has become a pressing issue for scholars who try to understand their operation in their own particular cultural contexts. This collection of essays seeks a constructive comparative view of these tendencies to convergence and divergence.

Life Imprisonment And Human Rights

Author: Dirk van Zyl Smit
Publisher: Bloomsbury Publishing
ISBN: 1509902228
Size: 53.45 MB
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In many jurisdictions today, life imprisonment is the most severe penalty that can be imposed. Despite this, it is a relatively under-researched form of punishment and no meaningful attempt has been made to understand its human rights implications. This important collection fills that gap by addressing these two key questions: namely, what is life imprisonment and what human rights are relevant to it? These questions are explored from the perspective of a range of jurisdictions, in essays that draw on both empirical and doctrinal research. Under the editorship of two leading scholars in the field, this innovative and important work will be a landmark publication in the field of penal studies and human rights.

Human Rights Encounter Legal Pluralism

Author: Giselle Corradi
Publisher: Bloomsbury Publishing
ISBN: 1849467722
Size: 49.12 MB
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This collection of essays interrogates how human rights law and practice acquire meaning in relation to legal pluralism, ie, the co-existence of more than one regulatory order in a same social field. As a social phenomenon, legal pluralism exists in all societies. As a legal construction, it is characteristic of particular regions, such as post-colonial contexts. Drawing on experiences from Latin America, Sub-Saharan Africa and Europe, the contributions in this volume analyse how different configurations of legal pluralism interplay with the legal and the social life of human rights. At the same time, they enquire into how human rights law and practice influence interactions that are subject to regulation by more than one normative regime. Aware of numerous misunderstandings and of the mutual suspicion that tends to exist between human rights scholars and anthropologists, the volume includes contributions from experts in both disciplines and intends to build bridges between normative and empirical theory.

Criminologies Of The Military

Author: Andrew Goldsmith
Publisher: Bloomsbury Publishing
ISBN: 1509904883
Size: 57.64 MB
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This innovative collection offers one of the first analyses of criminologies of the military from an interdisciplinary perspective. While some criminologists have examined the military in relation to the area of war crimes, this collection considers a range of other important but less explored aspects such as private military actors, insurgents, paramilitary groups and the role of military forces in tackling transnational crime. Drawing upon insights from criminology, this book's editors also consider the ways the military institution harbours criminal activity within its ranks and deals with prisoners of war. The contributions, by leading experts in the field, have a broad reach and take a truly global approach to the subject.

Trust In International Police And Justice Cooperation

Author: Saskia Hufnagel
Publisher: Bloomsbury Publishing
ISBN: 1509911308
Size: 41.71 MB
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The use of extra-territorial intelligence is growing among security, border, and public agencies. Internationally, rapidly evolving efforts to tackle transnational crime entail the exchange of intelligence across jurisdictions and state borders as well as the 'linking' of law enforcement operations. This book provides a number of different perspectives from across Europe, Australasia and Canada to examine recent cooperation experiences and the challenges faced in practice. The book brings together scholars from a range of legal and criminological fields to examine the legal imperatives and social parameters that shape international police and justice cooperation and highlights the importance of both trust and clear legal rules to ensure effective cooperation. It focuses on areas where cooperation is now mandated, but where significant issues are raised, including the international and regional methods of information and intelligence exchange and challenges to human rights protection; the coordination of international and regional exchange of evidence, such as forensic bioinformation; police cooperation in international investigations and the added value of formalising investigative strategies across jurisdictions regionally and internationally and the operation, accountability and legitimacy of organisations and institutions of 'cooperation' in law enforcement and specific international policing 'missions'.

Adapting Legal Cultures

Author: David Nelken
Publisher: Bloomsbury Publishing
ISBN: 1847312101
Size: 12.18 MB
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This exciting collection looks at the theory and practice of legal borrowing and adaptation in different areas of the world: Europe,the USA and Latin America, S.E. Asia and Japan. Many of the contributors focus on fundamental theoretical issues. What are legal transplants? What is the role of the state in producing socio-legal change? What are the conditions of successful legal transfers? How is globalisation changing these conditions? Such problems are also discussed with reference to substantive and specific case studies. When and why did Japanese rules of product liability come into line with those of the EU and the USA? How and why did judicial review come late to the legal systems of Holland and Scandinavia? Why is the present wave of USA-influenced legal reforms in Latin Amercia apparently having more success than the previous round? How does competition between the legal and accountancy professions affect patterns of bankruptcy? The chapters in this volume, which include a comprehensive theoretical introduction, offer a range of valuable insights even if they also show that the

Challenging Gender Inequality In Tax Policy Making

Author: Kim Brooks
Publisher: Bloomsbury Publishing
ISBN: 1847316549
Size: 16.16 MB
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This volume takes a critical look at the gender of tax policy around the world. Contributors based in eight different countries examine the profound effects that gender norms and practices have had in shaping tax law and policy, and how taxation in turn impacts upon the possibilities for equality along gender, race, class, sexuality and other lines. Chapters explore how the gendered fiscal state might be theorised; how structural choices about rates and bases in tax policy design contribute to gender inequality; how tax policy affects family configurations and perceptions of what constitutes family; how fiscal systems impact on savings and wealth accumulation by women and men; and the role of different policy-making processes and institutions in occluding and sometimes challenging these patterns. Most significantly, perhaps, the book explores these questions in an international frame, traversing countries and continents. The conclusion: fiscal policy has deep rooted, long standing gender implications that affect virtually every aspect of our social, political, and economic lives whether we live in Canada, Australia or Kenya.

Pol Tica Criminal Y Libertad

Author: Marcela Gutiérrez
Publisher: U. Externado de Colombia
ISBN: 9587722108
Size: 39.49 MB
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Este libro es el producto de las investigaciones realizadas durante el año 2013, que se socializaron en el Congreso Internacional de Política Criminal y Libertad, en donde se discutieron diferentes posturas hacia el “delito” y las diversas reacciones frente a él. La primera parte del libro la hemos denominado “Hacia la desprisionalizacion”, en ella se encontrará: una crítica a la penalidad y al castigo, elementos de una racionalidad neoliberal, y a los sujetos que se comportan como empresarios; una confrontación de lo normativo con la realidad de la justicia penal y penitenciaria, mostrando el incumplimiento de las funciones declaradas de la pena; la búsqueda de verdaderas alternativas que garanticen los derechos humanos de todos los actores de un conflicto social; una exposición a la estrecha relación entre desigualdad y prisionalización; y la complejidad del sistema penal y sus imaginarios sociales. La segunda parte del libro la hemos denominado “Prisión y sociedad”, para explicar las vivencias de sujetos de especial protección que son sometidos a un control punitivo excesivo y deshumanizante. En ella se encontrará: una propuesta de una justicia juvenil restaurativa fundamentada en el principio de excepcionalidad y en la alternatividad: desjudicialización y desinstitucionalización de las sanciones; los avances normativos de la justicia penal juvenil, en contraste con las detenciones y muertes de jóvenes privados de la libertad; la riqueza del derecho indígena y sus lecciones aprendidas para la resolución de los conflictos; el estigma social frente al adulto mayor en el mundo extramuros e intramuros; y la incidencia de los medios de comunicación en una política criminal coyuntural, reactiva y punitiva.