Counter-terrorism, Constitutionalism and Miscarriages of Justice

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509915745
Total Pages : 512 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Counter-terrorism, Constitutionalism and Miscarriages of Justice by : Genevieve Lennon

Download or read book Counter-terrorism, Constitutionalism and Miscarriages of Justice written by Genevieve Lennon and published by Bloomsbury Publishing. This book was released on 2018-11-01 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this book is to honour the influential and wide-ranging work of Professor Clive Walker. It explores Professor Walker's influence from three perspectives. Firstly, it provides a historical reflection upon the development of the law and policy in relation to counter-terrorism and miscarriages of justice since the 1970s. This historical perspective, which is often overlooked, is particularly timely 17 years after 9/11 as trends become clearer and historical perspective even more valuable. So too with miscarriages of justice: while there was considerable public and political scrutiny following high-profile miscarriages such as the Birmingham Six, Guildford Four, and others, in the early 1990s, today there is much less scrutiny, despite significant concern relating to issues such as legal aid and access to justice increasing the potential (if not likelihood) for miscarriages to occur. By including a critical historical perspective, this book enables us to learn lessons from the past and to minimise contemporary risks of miscarriages of justice. Secondly, this book provides a critical analysis of the law and policy as it stands today, and its future trajectory. Applying Walker's theoretical and analytical contributions to the field, the authors focus on pressing contemporary concerns, identifying lacunae where relevant, as well as the possible, probable and preferable future trends. Finally, the book celebrates and recognises the significant contributions by Walker, with each chapter built around one or more of Walker's key works.

Counter-terrorism, Constitutionalism and Miscarriages of Justice

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Author :
Publisher :
ISBN 13 : 9781509915750
Total Pages : pages
Book Rating : 4.9/5 (157 download)

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Book Synopsis Counter-terrorism, Constitutionalism and Miscarriages of Justice by : Genevieve Lennon

Download or read book Counter-terrorism, Constitutionalism and Miscarriages of Justice written by Genevieve Lennon and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Counter-terrorism, Constitutionalism and Miscarriages of Justice

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509915737
Total Pages : 336 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Counter-terrorism, Constitutionalism and Miscarriages of Justice by : Genevieve Lennon

Download or read book Counter-terrorism, Constitutionalism and Miscarriages of Justice written by Genevieve Lennon and published by Bloomsbury Publishing. This book was released on 2018-11-01 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this book is to honour the influential and wide-ranging work of Professor Clive Walker. It explores Professor Walker's influence from three perspectives. Firstly, it provides a historical reflection upon the development of the law and policy in relation to counter-terrorism and miscarriages of justice since the 1970s. This historical perspective, which is often overlooked, is particularly timely 17 years after 9/11 as trends become clearer and historical perspective even more valuable. So too with miscarriages of justice: while there was considerable public and political scrutiny following high-profile miscarriages such as the Birmingham Six, Guildford Four, and others, in the early 1990s, today there is much less scrutiny, despite significant concern relating to issues such as legal aid and access to justice increasing the potential (if not likelihood) for miscarriages to occur. By including a critical historical perspective, this book enables us to learn lessons from the past and to minimise contemporary risks of miscarriages of justice. Secondly, this book provides a critical analysis of the law and policy as it stands today, and its future trajectory. Applying Walker's theoretical and analytical contributions to the field, the authors focus on pressing contemporary concerns, identifying lacunae where relevant, as well as the possible, probable and preferable future trends. Finally, the book celebrates and recognises the significant contributions by Walker, with each chapter built around one or more of Walker's key works.

Compensation for Wrongful Convictions

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1000859312
Total Pages : 222 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis Compensation for Wrongful Convictions by : Wojciech Jasiński

Download or read book Compensation for Wrongful Convictions written by Wojciech Jasiński and published by Taylor & Francis. This book was released on 2023-03-14 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive comparative analysis of the substantive and procedural aspects of compensation for wrongful convictions in European countries and the USA, as well as the standard derived from the case law of the European Court of Human Rights. The collection draws comparative conclusions as to the similarities and differences between selected jurisdictions and assesses the effectiveness of the national compensation schemes. This enables the designing of an optimum model of compensation, offering accessibility and effectiveness to the victims of miscarriages of justice and being acceptable to jurisdictions based on common law, and civil law traditions, as well as inquisitorial and adversarial types of criminal process. Moreover, the discussion of the minimum European standard as established in the case law of the European Court of Human Rights enables readers to identify how the Strasbourg Court can contribute to strengthening the compensation scheme. The book will be essential reading for students, academics and policymakers working in the areas of criminal law and procedure.

Proportionality in Crime Control and Criminal Justice

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509938613
Total Pages : 570 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Proportionality in Crime Control and Criminal Justice by : Emmanouil Billis

Download or read book Proportionality in Crime Control and Criminal Justice written by Emmanouil Billis and published by Bloomsbury Publishing. This book was released on 2021-04-22 with total page 570 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume seeks to reassess the old and to analyse and develop novel approaches to the notion of proportionality in criminal matters and the new security architecture. The discourse is not limited to conventional constitutional constellations and standard problems of sentencing in traditional criminal proceedings. Rather, the book offers an interdisciplinary and cross-jurisdictional exploration of highly topical, proportionality-related issues pertinent to penal theory and legal philosophy, criminalisation policies, security and anti-terrorism strategies, alternative types of justice delivery, and supranational enforcement as well as human rights and international criminal and humanitarian law. In today's global risk society, with its numerous visible and invisible enemies of the state and the individual, balancing freedom and security has become nothing less than an attempt at untying a Gordian knot. Against this background, the proportionality of measures of crime prevention and repression is unquestionably an issue of utmost importance, which basic research and legal policy in rule-of-law based systems are urgently called to address. The timely and fascinating contributions in this book, covering jurisdictions from both the common law and the civil law as well as hybrid and international jurisdictions, will appeal to academics, researchers, policy advisers and practitioners working in the areas of national and international criminal law, comparative criminal justice/criminology and legal philosophy as well as constitutional and security law.

The Offences Against the State Act 1939 at 80

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509932003
Total Pages : 314 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Offences Against the State Act 1939 at 80 by : Mark Coen

Download or read book The Offences Against the State Act 1939 at 80 written by Mark Coen and published by Bloomsbury Publishing. This book was released on 2021-03-11 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely edited collection brings together experts in the fields of legal history, criminal justice, human rights and counter-terrorism law to appraise Ireland's Offences Against the State Act on the eightieth anniversary of its enactment. The origins, development, invocation and extension of the powers contained in the legislation are analysed and critiqued using a broad range of methodologies. The book engages fully with the 1939 Act's scope and complexity including consideration of the impact of the Act on issues as diverse as trial by jury, paramilitary organisations, organised crime, disclosure, the rules of evidence, freedom of expression and association, parliamentary oversight of legislation and adherence to international human rights norms. In addition, the interplay of the Act with the universal themes of normalcy, exceptionalism, contagion and due process are explored throughout. This book will appeal to an audience beyond those with a particular interest in the Act itself. It combines historical and contemporary insights with theoretical and practical perspectives that will enrich the reader's understanding of emergency law, wherever it arises.

Manitoba Law Journal Volume 44 Issue 1 (Special Issue)

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Author :
Publisher : Manitoba Law Journal
ISBN 13 :
Total Pages : 509 pages
Book Rating : 4.5/5 (368 download)

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Book Synopsis Manitoba Law Journal Volume 44 Issue 1 (Special Issue) by : Michael Nesbitt

Download or read book Manitoba Law Journal Volume 44 Issue 1 (Special Issue) written by Michael Nesbitt and published by Manitoba Law Journal. This book was released on 2021-07-13 with total page 509 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Manitoba Law Journal (MLJ) is a peer-reviewed journal founded in 1961. The MLJ's current mission is to provide lively, independent and high calibre commentary on legal events in Manitoba or events of special interest to our community.The MLJ aims to bring diverse and multidisciplinary perspectives to the issues it studies, drawing on authors from Manitoba, Canada and beyond. Its studies are intended to contribute to understanding and reform not only in our community, but around the world. As part of our commitment to you, our team is pleased to announce the release of Canada’s premier publication on “Project Osage,” an inter-agency security operation that executed the largest terrorism-related sting in Canadian history. Canadian Terror: Multi-Disciplinary Perspectives on the Toronto 18 Terrorism Trials engages a multidisciplinary perspective that unites criminological, legal, and security analyses to consider the processes, as well as the shortcomings, involved in investigating and prosecuting terrorism in Canada. We are honoured that Canadian Terror is edited and co-authored by prominent Canadian academics

Canadian Justice, Indigenous Injustice

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Author :
Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 0773556443
Total Pages : 329 pages
Book Rating : 4.7/5 (735 download)

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Book Synopsis Canadian Justice, Indigenous Injustice by : Kent Roach

Download or read book Canadian Justice, Indigenous Injustice written by Kent Roach and published by McGill-Queen's Press - MQUP. This book was released on 2019-01-21 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: In August 2016 Colten Boushie, a twenty-two-year-old Cree man from Red Pheasant First Nation, was fatally shot on a Saskatchewan farm by white farmer Gerald Stanley. In a trial that bitterly divided Canadians, Stanley was acquitted of both murder and manslaughter by a jury in Battleford with no visible Indigenous representation. In Canadian Justice, Indigenous Injustice Kent Roach critically reconstructs the Gerald Stanley/Colten Boushie case to examine how it may be a miscarriage of justice. Roach provides historical, legal, political, and sociological background to the case including misunderstandings over crime when Treaty 6 was negotiated, the 1885 hanging of eight Indigenous men at Fort Battleford, the role of the RCMP, prior litigation over Indigenous underrepresentation on juries, and the racially charged debate about defence of property and rural crime. Drawing on both trial transcripts and research on miscarriages of justice, Roach looks at jury selection, the controversial “hang fire” defence, how the credibility and beliefs of Indigenous witnesses were challenged on the stand, and Gerald Stanley's implicit appeals to self-defence and defence of property, as well as the decision not to appeal the acquittal. Concluding his study, Roach asks whether Prime Minister Justin Trudeau's controversial call to “do better” is possible, given similar cases since Stanley's, the difficulty of reforming the jury or the RCMP, and the combination of Indigenous underrepresentation on juries and overrepresentation among those victimized and accused of crimes. Informed and timely, Canadian Justice, Indigenous Injustice is a searing account of one case that provides valuable insight into criminal justice, racism, and the treatment of Indigenous peoples in Canada.

Tackling Terrorism in Britain

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Author :
Publisher : Routledge
ISBN 13 : 1000469719
Total Pages : 146 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Tackling Terrorism in Britain by : Steven Greer

Download or read book Tackling Terrorism in Britain written by Steven Greer and published by Routledge. This book was released on 2021-10-14 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: In September 2001, the world witnessed the horrific events of 9/11. A great deal has happened on the counterterrorist front in the 20 years since. While the terrorist threat has greatly diminished in Northern Ireland, the events of 9/11 and their aftermath have ushered in a new phase for the rest of the UK with some familiar, but also many novel, characteristics. This ambitious study takes stock of counterterrorism in Britain in this anniversary year. Assessing current challenges, and closely mirroring the ‘four Ps’ of the official CONTEST counterterrorist strategy – Protect, Prepare, Prevent, and Pursue – it seeks to summarize and grasp the essence of domestic law and policy, without being burdened by excessive technical detail. It also provides a rigorous, context-aware, illuminating, yet concise, accessible, and policy-relevant analysis of this important and controversial subject, grounded in relevant social science, policy studies, and legal scholarship. This book will be an important resource for students and scholars in law and social science, as well as human rights, terrorism, counterterrorism, security, and conflict studies.

Procedural Justice and Relational Theory

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Publisher : Routledge
ISBN 13 : 1000207668
Total Pages : 274 pages
Book Rating : 4.0/5 (2 download)

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Book Synopsis Procedural Justice and Relational Theory by : Denise Meyerson

Download or read book Procedural Justice and Relational Theory written by Denise Meyerson and published by Routledge. This book was released on 2020-10-29 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book bridges a scholarly divide between empirical and normative theorizing about procedural justice in the context of relations of power between citizens and the state. Empirical research establishes that people’s understanding of procedural justice is shaped by relational factors. A central premise of this volume is that this research is significant but needs to be complemented by normative theorizing that draws on relational theories of ethics and justice to explain the moral significance of procedures and make normative sense of people’s concerns about relational factors. The chapters in Part 1 provide comprehensive reviews of empirical studies of procedural justice in policing, courts and prisons. Part 2 explores empirical and normative perspectives on procedural justice and legitimacy. Part 3 examines philosophical approaches to procedural justice. Part 4 considers the implications of a relational perspective for the design of procedures in a range of legal contexts. This collection will be of interest to a wide academic readership in philosophy, law, psychology and criminology.

Core Concepts in Criminal Law and Criminal Justice

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Publisher : Cambridge University Press
ISBN 13 : 1108483399
Total Pages : 507 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Core Concepts in Criminal Law and Criminal Justice by : Kai Ambos

Download or read book Core Concepts in Criminal Law and Criminal Justice written by Kai Ambos and published by Cambridge University Press. This book was released on 2020-01-16 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.

The Harbinger Theory

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Publisher : Oxford University Press
ISBN 13 : 0190243252
Total Pages : 256 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis The Harbinger Theory by : Robert Diab

Download or read book The Harbinger Theory written by Robert Diab and published by Oxford University Press. This book was released on 2015-03-11 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: North American law has been transformed in ways unimaginable before 9/11. Laws now authorize and courts have condoned indefinite detention without charge based on secret evidence, mass secret surveillance, and targeted killing of US citizens, suggesting a shift in the cultural currency of a liberal form of legality to authoritarian legality. The Harbinger Theory demonstrates that extreme measures have been consistently embraced in politics, scholarship, and public opinion, not in terms of a general fear of the greater threat that terrorism now poses, but a more specific belief that 9/11 was the harbinger of a new order of terror, giving rise to the likelihood of an attack on the same scale as 9/11 or greater in the near future, involving thousands of casualties and possibly weapons of mass destruction. It explains how the harbinger theory shapes debates about rights and security by virtue of rhetorical strategies on the part of political leaders and security experts, and in works of popular culture, in which the theory is often invoked as a self-evident truth, without the need for supporting evidence or authority. It also reveals how liberal advocates tend to be deferential to the theory, aiding its deeper entrenchment through the absence of a prominent public critique of it. In a unique overview of a range of skeptical evidence about the likelihood of mass terror involving WMD or conventional means, this book contends that a potentially more effective basis for reform advocacy is not to dismiss overstated threat claims as implausible or psychologically grounded, but to challenge the harbinger theory directly through the use of contrary evidence.

The Area of Freedom, Security and Justice Ten Years on

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Author :
Publisher :
ISBN 13 : 9789461380340
Total Pages : 0 pages
Book Rating : 4.3/5 (83 download)

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Book Synopsis The Area of Freedom, Security and Justice Ten Years on by : Elspeth Guild

Download or read book The Area of Freedom, Security and Justice Ten Years on written by Elspeth Guild and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book celebrates the tenth anniversary of the Area of Freedom, Security and Justice (AFSJ) by bringing together the views of key practitioners and policy-makers who have played an outstanding role in thinking about and shaping EU policies on freedom, security and justice. Ten years ago, the member states transferred competences to the EU for law and policy-making in the fields of immigration, asylum and border controls, and began the transfer process for criminal justice and policing. This decade of European cooperation on AFSJ policies has experienced very dynamic convergence, the enactment of a large body of European law and the setting-up of numerous EU agencies working in these domains. Such dynamism in policy-making has not been without challenges and vulnerabilities, however. As this collective volume shows, the main dilemmas that lie ahead relate to an effective (while more plural) institutional framework under the Treaty of Lisbon, stronger judicial scrutiny through a greater role for national courts and the Court of Justice in Luxembourg, better mechanisms for evaluating and monitoring the implementation of EU AFSJ law and a more solid fundamental rights strategy. The contributions in this volume address the progress achieved so far in these policy areas, identify the challenges for future European cooperation in the AFSJ and put forward possible paths for making more progress in the next generation of the EU's AFSJ. Book jacket.

Can Human Rights Survive?

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Publisher : Cambridge University Press
ISBN 13 : 131645052X
Total Pages : 192 pages
Book Rating : 4.3/5 (164 download)

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Book Synopsis Can Human Rights Survive? by : Conor Gearty

Download or read book Can Human Rights Survive? written by Conor Gearty and published by Cambridge University Press. This book was released on 2006-05-18 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this set of three essays, originally presented as the 2005 Hamlyn Lectures, Conor Gearty considers whether human rights can survive the challenges of the war on terror, the revival of political religion, and the steady erosion of the world's natural resources. He also looks deeper than this to consider the fundamental question: How can we tell what human rights are? In his first essay, Gearty asks how the idea of human rights needs to be made to work in our age of relativism, uncertainty and anxiety. In the second, he assesses how the idea of human rights has coped with its incorporation in legal form in the UK Human Rights Act, arguing that the record is much better and more democratic than many human rights enthusiasts allow. In his final essay, Gearty confronts the challenges that may destroy the language of human rights for the generations that follow us.

Cyberterrorism

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Publisher : Springer
ISBN 13 : 1493909622
Total Pages : 231 pages
Book Rating : 4.4/5 (939 download)

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Book Synopsis Cyberterrorism by : Thomas M. Chen

Download or read book Cyberterrorism written by Thomas M. Chen and published by Springer. This book was released on 2014-06-24 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book to present a multidisciplinary approach to cyberterrorism. It traces the threat posed by cyberterrorism today, with chapters discussing possible technological vulnerabilities, potential motivations to engage in cyberterrorism, and the challenges of distinguishing this from other cyber threats. The book also addresses the range of potential responses to this threat by exploring policy and legislative frameworks as well as a diversity of techniques for deterring or countering terrorism in cyber environments. The case studies throughout the book are global in scope and include the United States, United Kingdom, Australia, New Zealand and Canada. With contributions from distinguished experts with backgrounds including international relations, law, engineering, computer science, public policy and politics, Cyberterrorism: Understanding, Assessment and Response offers a cutting edge analysis of contemporary debate on, and issues surrounding, cyberterrorism. This global scope and diversity of perspectives ensure it is of great interest to academics, students, practitioners, policymakers and other stakeholders with an interest in cyber security.

Miscarriages of Justice

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Author :
Publisher : OUP Oxford
ISBN 13 : 1854316877
Total Pages : 438 pages
Book Rating : 4.8/5 (543 download)

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Book Synopsis Miscarriages of Justice by : Clive Walker

Download or read book Miscarriages of Justice written by Clive Walker and published by OUP Oxford. This book was released on 1999 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authors examine the various steps within the criminal justice system which have resulted in the conviction of the innocent, and suggest remedies as to how miscarriages might be avoided in the future. The contributors comprise academics, campaigners and practitioners.

Justice in Error

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Author :
Publisher :
ISBN 13 :
Total Pages : 280 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Justice in Error by : Clive Walker

Download or read book Justice in Error written by Clive Walker and published by . This book was released on 1993 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authors examine the various steps within the criminal justice system which have resulted in the conviction of the innocent, and suggest remedies as to how miscarriages might be avoided in the future. The contributors comprise academics, campaigners and practitioners