"What is a crime against humanity and when should it be investigated? What does 'human rights' mean? Is law the new religion and are its high priests, the lawyers, really all bad? What is the role of the law in the regulation of sexual behaviour? Are there limits to what we can reasonably expect from international war crimes tribunals? These and many other crucial questions are explored with wit, panache and consummate even-handedness by Sir Geoffrey Nice, QC, in the series of lectures he delivered as Gresham Professor of Law from 2012 to 2016. Drawing on events from every continent and every period in history, from ancient Babylon to Britain on the brink of Brexit; and referencing icons from Cicero to Socrates, Bertrand Russell to Jean-Paul Sartre, and Joan Baez to Muhammad Ali, Sir Geoffrey applies his own wealth of experience to moral problems which are as pressing in today's anxious world as they ever have been." --publisher description.
Drawing on data from a cross-section of postcolonial nations across the world and on a detailed case-study of Nigeria, this book examines the experience of recreating law and justice in postcolonial societies. The author's definition of postcolonial societies includes countries that have emerged from external colonial rule, such as Nigeria and India as well as societies that have overcome internal dominations, such as Afghanistan and Iraq. Suggesting that restructuring a system of law and justice must involve a consideration of the traditions, customs and native laws of a society as well as the official, often foreign rules, this volume examines how ethnically complex nations resolve disputes, whether criminal or civil, through a combination of formal and informal social control systems. This book is unique in its concern with how the average citizens of a postcolonial society can play more active parts in their nation's law and justice, and how modern and increasingly urban societies can learn from indigenous peoples and institutions, which are more informal in their approaches to problem-solving. The concluding chapter looks at the possibility of an increased role for civil as opposed to criminal response in the social control system of a postcolonial society.
Author: Joseph M. Jacob
Release Date: 2016-05-23
The end of the last century witnessed two major events in the field of civil justice: the Civil Procedure Rules (CPR) came into force and the Human Rights Act (HRA) gave effect to the European Convention on Human Rights. This volume assesses the effect of the Act and attempts to reconcile the expediency and efficiency essential to modern civil justice with the need for recognition of human dignity and equality inherent to human rights. The book is primarily concerned with the effects of the HRA on civil procedure and, in particular, the effects on the CPR. It examines the view that the new civil procedure regime could be susceptible to HRA challenges. More specifically, the work discusses whether there are differences between the CPR and the ECHR ideas of what constitutes a fair trial or just decision and between their views of proportionality. The study notes the differences between common and civil law and discusses whether there is any coming together with other European systems. This book will be a valuable resource for academics and researchers as well as lawyers and judges with an interest in the practical implications of the HRA.
Author: Gary Craig
Publisher: Edward Elgar Publishing
Release Date: 2018-07-27
Genre: Political Science
In the fifty years since Rawls seminal work A Theory of Justice, the concept has been debated with those on the political right and left advocating very different understandings. This unique global collection, written by a group of international experts, offers wide-ranging analyses of the meaning of social justice that challenge the ability of the market to provide social justice for all. The Handbook also looks at how the theory of social justice informs practice within a range of occupations or welfare divisions.
Author: Michelle Alexander
Publisher: Antje Kunstmann
Release Date: 2016-10-19
Genre: Political Science
Die Wahl von Barack Obama im November 2008 markierte einen historischen Wendepunkt in den USA: Der erste schwarze Präsident schien für eine postrassistische Gesellschaft und den Triumph der Bürgerrechtsbewegung zu stehen. Doch die Realität in den USA ist eine andere. Obwohl die Rassentrennung, die in den sogenannten Jim-Crow-Gesetzen festgeschrieben war, im Zuge der Bürgerrechtsbewegung abgeschafft wurde, sitzt heute ein unfassbar hoher Anteil der schwarzen Bevölkerung im Gefängnis oder ist lebenslang als kriminell gebrandmarkt. Ein Status, der die Leute zu Bürgern zweiter Klasse macht, indem er sie ihrer grundsätzlichsten Rechte beraubt – ganz ähnlich den explizit rassistischen Diskriminierungen der Jim-Crow-Ära. In ihrem Buch, das in Amerika eine breite Debatte ausgelöst hat, argumentiert Michelle Alexander, dass die USA ihr rassistisches System nach der Bürgerrechtsbewegung nicht abgeschafft, sondern lediglich umgestaltet haben. Da unter dem perfiden Deckmantel des »War on Drugs« überproportional junge männliche Schwarze und ihre Communities kriminalisiert werden, funktioniert das drakonische Strafjustizsystem der USA heute wie das System rassistischer Kontrolle von gestern: ein neues Jim Crow.
AFRICAN AMERICAN CIVIL RIGHTS IN THE AGE OF OBAMA: A HISTORY AND A HANDBOOK, by Prof. Harold McDougall of the Howard University School of Law is a look at some of the remaining trouble spots in black-white relations in the United States today, with the benefit of the Obama Administration's first year in office as a backdrop. The book begins with racial profiling, a topic particularly charged as a consequence of Harvard professor Henry Louis Gates' arrest in his own home, for disorderly conduct, by Cambridge, Massachusetts police. Other trouble spots include hate crimes, discrimination against consumers, employment discrimination, voting rights, housing discrimination and discrimination in public education.
SHORTLISTED FOR THE AHRC'S ANNUAL HUMAN RIGHTS MEDALS AND AWARDS The first decade of the twenty-first century has seen a sharp decline in respect for human rights and the international rule of law. The legal conventions of the new realpolitik seem to owe more to Guantanamo than Geneva. Australia has tarnished its reputation in the field of human rights, through its support for illegal warfare, its failure to honour international conventions, its refusal to defend its citizens against secret rendition and illegal detention, and its introduction of secretive anti-sedition legislation and draconian anti-terror laws. In Watching Brief, noted lawyer and human rights advocate Julian Burnside articulates a sensitive and intelligent defence of the rights of asylum-seekers and refugees, and the importance of protecting human rights and maintaining the rule of law. He also explains the foundations of many of the key tenets of civil society, and takes us on a fascinating tour of some of the world’s most famous trials, where the outcome has often turned on prejudice, complacency, chance, or (more promisingly) the tenacity of supporters and the skill of advocates. Julian Burnside also looks at the impact of significant recent cases — including those involving David Hicks, Jack Thomas, and Van Nguyen — on contemporary Australian society. Watching Brief is a powerful and timely meditation on justice, law, human rights, and ethics, and ultimately on what constitutes a decent human society. It is also an impassioned and eloquent appeal for vigilance in an age of terror — when ‘national security’ is being used as an excuse to trample democratic principles, respect for the law, and human rights. PRAISE FOR JULIAN BURNSIDE ‘Watching Brief is cool and rational, providing uncomfortable detail in succinct prose. Burnside wants Australians to confront what is done in their name. Detaining asylum-seekers is wrong and illegal, and decent people should demand change … Like Zola in 1898, Burnside accuses his nation’s most senior leaders of complicity in injustice, of duplicity in their public statements. He condemns attacks on human rights and consequences for those wrongly and secretly imprisoned … Watching Brief is his argument for a new approach to human rights policy. Julian Burnside has produced a brief that deserves a wide audience and careful judgement.’ The Age ‘A fascinating read for anyone who burns with a passion for human decency and an interest in ethics.’ The Sunday Telegraph
Author: Steve Johnson
Release Date: 2005-02-10
A perfect match to the OCR Citizenship Studies short course. Students will get targeted and focused preparation for their exams to help them get the grades they want. Accessible content broken down into small chunks makes revision easier and more manageable. Checklists at the end of each chapter highlight areas that need more revision, as well as helping students plan their work. Packed with practice exam questions and sample answers with examiners' feedback, so students know exactly what the examiners are looking for. Written by experienced authors, so students get the best preparation available.