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Contesting Carceral Logic

Author : Michael J Coyle
Publisher : Routledge
ISBN 13 : 1000404285
Total Pages : 228 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Contesting Carceral Logic by : Michael J Coyle

Download or read book Contesting Carceral Logic written by Michael J Coyle and published by Routledge. This book was released on 2021-08-12 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contesting Carceral Logic provides an innovative and cutting-edge analysis of how carceral logic is embedded within contemporary society, emphasizing international perspectives, the harms and critiques of using carceral logic to respond to human wrongdoing, and exploring penal abolition thought. With chapters from scholars across many disciplines, people in prison, as well as penal abolition activists, the book explores what a future without carceral logic would look like, as well as how such a future is to be developed. The book is also an exploration of penal abolition thought as it is developing in the twenty-first century. Diverse geographical, cultural, identity and experiential frames inform the book’s themes of analysing carceral logic as it harms disparate people in disparate places, creating anti-carceral knowledge, exploring case studies pointing to radical alternatives, and to contesting carceral logic from below. Ultimately, Contesting Carceral Logic provides the reader with an alternative and critical perspective from which to reflect on carceral logic, the punitive state and the criminalizing systems that almost exclusively dominate across the world. Finally, it raises the questions of how we are to build communities as well as transform our response to human wrongdoing in ways that are not defined by racism/ethnocentrism, class war and heteropatriarchy. Contesting Carceral Logic will be of great interest to not only scholars and activists, but also provides an introduction to key carceral issues and debates for students of penology, criminology, social policy, geography, politics, philosophy, social work and social history programmes in countries all around the world.

Multilevel Protection of the Principle of Legality in Criminal Law

Author : Mercedes Pérez Manzano
Publisher : Springer
ISBN 13 : 3319638653
Total Pages : 237 pages
Book Rating : 4.3/5 (196 download)

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Book Synopsis Multilevel Protection of the Principle of Legality in Criminal Law by : Mercedes Pérez Manzano

Download or read book Multilevel Protection of the Principle of Legality in Criminal Law written by Mercedes Pérez Manzano and published by Springer. This book was released on 2017-10-24 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the simultaneous protection of fundamental rights by various norms and jurisdictional organs, focussing on the multilevel protection of the principle of legality in Criminal Law.Written by accredited specialists in criminal law, constitutional law, international public law, and the philosophy of law, the majority of them ex-Counsels of the Spanish Constitutional Court, it addresses various manifestations of the principle of legality: the requirement of precision, the judicial subjection to law and the prohibition of bis in idem. It does so not only from a theoretical perspective, but also through a comparative study of the jurisdiction of the European Court of Human Rights, the Inter-American Court of Human Rights, the Court of Justice of the European Union and state constitutional courts. This practical approach characterizes the book, which culminates in a detailed analysis of the relevant ECtHR Judgement Del Río Prada v. Spain on the retroactivity of unfavourable jurisprudence."Multilevel protection of the principle of legality in Criminal Law" is a useful instrument of reflection for scholars of both the principle of criminal legality and the problems that arise from the concurrency of protective jurisdictions of human rights.

The Routledge International Handbook of Penal Abolition

Author : Michael J. Coyle
Publisher : Routledge
ISBN 13 : 042975678X
Total Pages : 578 pages
Book Rating : 4.4/5 (297 download)

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Book Synopsis The Routledge International Handbook of Penal Abolition by : Michael J. Coyle

Download or read book The Routledge International Handbook of Penal Abolition written by Michael J. Coyle and published by Routledge. This book was released on 2021-03-30 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge International Handbook of Penal Abolition provides an authoritative and comprehensive look at the latest developments in the 21st-century penal abolitionism movement, both reflecting on key critical thought and setting the agenda for local and global abolitionist ideas and interventions over the coming decade. Penal abolitionists question the legitimacy of criminal law, policing, courts, prisons and more broadly the idea of punishment, to argue that rather than effectively handling or solving social problems, interpersonal disputes, conflicts and harms, they actually increase individual and societal problems. The Routledge International Handbook of Penal Abolition is organized around six key themes: Social movements and abolition organizing Critical resistance to the penal state Voices from imprisoned and marginalized communities Diversity of abolitionist thought International perspectives on abolitionism Building new justice practices as a response to social and individual wrongdoing. A global-centred and world-encompassing project, this book provides the reader with an alternative and critical perspective from which to reflect and raises the visibility of abolitionist ideas and strategies in a time when there is considerable discussion of how we will move forward in response to what has given rise to the criminalizing system: white supremacy, racial capitalism and human wrongdoing. It is essential reading for all those engaged with punishment and penology, criminology, sociology, corrections and critical prisons studies. It will appeal to any reader who seeks an innovative response to the calamitous failures of the modern criminalizing system.

Constitutional Reasoning in Latin America and the Caribbean

Author : Johanna Fröhlich
Publisher : Bloomsbury Publishing
ISBN 13 : 1509960198
Total Pages : 535 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Constitutional Reasoning in Latin America and the Caribbean by : Johanna Fröhlich

Download or read book Constitutional Reasoning in Latin America and the Caribbean written by Johanna Fröhlich and published by Bloomsbury Publishing. This book was released on 2024-09-05 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the reasoning practice of 15 constitutional courts and supreme courts, including the Caribbean Commonwealth and the Inter-American Court of Human Rights. Enriched by empirical data, with which it strives to contribute to a constructive and well-informed debate, the volume analyses how Latin American courts justify their decisions. Based on original data and a region-specific methodology, the book provides a systematic analysis utilising more than 600 leading cases. It shows which interpretive methods and concepts are most favoured by Latin American courts, and which courts were the most prolific in their reasoning activities. The volume traces the features of judicial dialogue on a regional and sub-regional level and enables the evaluation and comparison of each country's reasoning culture in different epochs. The collection includes several graphs to visualise the changes and tendencies of the reasoning practices throughout time in the region, based on information gathered from the dataset. To better understand the current functioning and the future tendencies of courts in Latin America and the Caribbean, the volume illuminates how constitutional and supreme courts have actually been making their decisions in the selected landmark cases, which could also contribute to future successful litigation strategies for both national constitutional courts and the Inter-American Court for Human Rights. This project was made possible due to the collaboration and funding provided by the Rule of Law Programme for Latin America of the Konrad Adenauer Foundation and the Law School of the University of San Francisco de Quito.

Punishment and Culture

Author : María José Falcón y Tella
Publisher : BRILL
ISBN 13 : 9047418026
Total Pages : 288 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Punishment and Culture by : María José Falcón y Tella

Download or read book Punishment and Culture written by María José Falcón y Tella and published by BRILL. This book was released on 2006-05-01 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume critically explores the basis and the goal of punishment from the standpoint of the right to punish. Studies and works dedicated to punishment are scarce compared to those dedicated to Crime Theory or some aspect thereof. The book reviews the main doctrines that have dealt with the theme of punishment from Antiquity to the present, not limiting itself to the legal-philosophical sphere but also analyzing the contributions from other social sciences. It then explores how these are reflected in the sphere of Positive Law. Moving from the most abstract and general to the most concrete and specific, various themes relating to the concept of punishment are distinguished. These themes are not exactly equivalent but are, nevertheless, often confused with one another. They are: Punishment; Punitive Practice; Sentence and Penalty. Of these the third – Sentence, which is almost the least generic concept dealt with, having to do with that area of law which basically constitutes Criminal Law – forms the central part of the work. In this section, via a dual structure, the distinction is made between punishments and deterrents, as the prime types of punitive practice, with a distinct historical tradition, diverse bases and functions, around which different sorts of theories and schools have developed. The book ends with a series of critical conclusions as to what, in the opinion of the authors, should be a correct conception of punishment.

Crisis of the Criminal Law in the Democratic Constitutional State

Author : Eduardo Demetrio Crespo
Publisher : Springer Nature
ISBN 13 : 3031134133
Total Pages : 325 pages
Book Rating : 4.0/5 (311 download)

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Book Synopsis Crisis of the Criminal Law in the Democratic Constitutional State by : Eduardo Demetrio Crespo

Download or read book Crisis of the Criminal Law in the Democratic Constitutional State written by Eduardo Demetrio Crespo and published by Springer Nature. This book was released on 2023-03-13 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book shares the results of project research granted by the Castilla-La Mancha government, which has been composed by philosophers of law and criminal law researchers, whose main conclusions are represented by the manifestations and trends of the current crisis of the constitutional State. The works identify these trends and manifestations in order to develop alternatives and remedies to solve the current negation process that classical liberties are involved, from the point of view of philosophy, policy, and dogmatic.

Money Laundering Through Art

Author : Fausto Martin De Sanctis
Publisher : Springer Science & Business Media
ISBN 13 : 3319001736
Total Pages : 225 pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis Money Laundering Through Art by : Fausto Martin De Sanctis

Download or read book Money Laundering Through Art written by Fausto Martin De Sanctis and published by Springer Science & Business Media. This book was released on 2013-06-13 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: The art world has been discovered by criminals as an effective way for money laundering and other clandestine activities on an international level. Unfortunately, in most countries investigators, prosecutors, judges, and regulatory agencies are not equipped to accurately detect, investigate and prosecute this type of criminal activity. Also, regulation and international laws and treaties involving the art world have many loopholes that can potentially lead to the laundering of large sums of money. This book provides a bird’s eye view of novel ways in which money laundering happens through illegal activities involving art. It can serve as a guide for law enforcement, prosecutors, judges, and others involved in efforts to curb money laundering and financing of terrorism, revealing why somehow new techniques used by criminals have been neglected by law enforcement in most countries. Drawing from his own experience with the matter in both Brazil and in the United States, the author makes a case for broader institutional and regulatory improvement, extending beyond mere regulation of the art market.

The Protection of the environment through criminal Law

Author : J.L. De La Cuesta
Publisher : Maklu
ISBN 13 : 9046608093
Total Pages : 351 pages
Book Rating : 4.0/5 (466 download)

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Book Synopsis The Protection of the environment through criminal Law by : J.L. De La Cuesta

Download or read book The Protection of the environment through criminal Law written by J.L. De La Cuesta and published by Maklu. This book was released on 2017-02-02 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: Continuing the AIDP’s tradition in examining how to improve the protection of the environment through criminal law, this volume addresses various challenges and scientific concerns in relation to environmental crime. It touches upon a range of topics, from biodiversity to corporate criminal liability to jurisdictional or prosecutorial problems, and explores multiple national and regional enforcement systems, drawing from best practices. It brings together key proceedings of the Second AIDP World Conference on the Protection of the Environment through Criminal Law (Bucharest, May 18-20, 2016) organised by the International Association of Penal Law (AIDP) in collaboration with the Romanian Association of Penal Sciences, the Legal Research Institute of the Romanian Academy of Sciences and the Ecological University of Bucharest.

Beyond Virtue and Vice

Author : Alice M. Miller
Publisher : University of Pennsylvania Press
ISBN 13 : 0812295757
Total Pages : 360 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis Beyond Virtue and Vice by : Alice M. Miller

Download or read book Beyond Virtue and Vice written by Alice M. Miller and published by University of Pennsylvania Press. This book was released on 2019-02-08 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past two decades, human rights as legal doctrine and practice has shifted its engagement with criminal law from a near exclusive condemnation of it as a source of harm toward increasingly invoking it as a necessary remedy for abuses. These shifts are most visible in the context of sexuality, reproduction, and gender. Criminal law appears in modern states as a tool for societies to define forbidden acts (crimes) and prescribe punishments. It authorizes the state to use force as an aspect of expressing and establishing norms—societal expectations for acceptable behavior which when breached permit individuals to be excluded and stigmatized as unfit for inclusion. But the core principles of human rights oppose exclusion and stigma and embrace the equality and dignity of all. Therefore there is an insuperable tension when human rights actors invoke criminal law to protect and vindicate human rights violations. Beyond Virtue and Vice examines the ways in which recourse to the criminal law features in work by human rights advocates regarding sexuality, gender, and reproduction and presents a framework for considering if, when, and under what conditions, recourse to criminal law is compatible with human rights. Contributors from a wide range of disciplinary fields and geographic locations offer historical and contemporary perspectives, doctrinal cautionary tales, and close readings of advocacy campaigns on the use of criminal law in cases involving abortion and reproductive rights, HIV/AIDS, sex work and prostitution law, human trafficking, sexual violence across genders, child rights and adolescent sexuality, and LGBT issues. The volume offers specific values and approaches of possible use to advocates, activists, policy makers, legislators, scholars, and students in their efforts to craft dialogue and engagement to move beyond state practices that compromise human rights in the name of restraining vice and extolling virtue. Contributors: Aziza Ahmed, Widney Brown, Sealing Cheng, Sonia Corrêa, Joanna N. Erdman, Janet Halley, Alli Jernow, Maria Lucia Karam, Ae-Ryung Kim, Scott Long, Vrinda Marwah, Alice M. Miller, Geetanijali Misra, Rasha Moumneh, Wanja Muguongo, Oliver Phillips, Zain Rizvi, Mindy Jane Roseman, Esteban Restrepo Saldarriaga, Tara Zivkovic.

Territories Of Intentional High Risk

Author : Érica Ferrer
Publisher : Clube de Autores
ISBN 13 : 859197090X
Total Pages : 199 pages
Book Rating : 4.5/5 (919 download)

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Book Synopsis Territories Of Intentional High Risk by : Érica Ferrer

Download or read book Territories Of Intentional High Risk written by Érica Ferrer and published by Clube de Autores. This book was released on 2015-07-24 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: This research will verify the existence of any relation between the homicide rate and the poor or insufficient social and urban infrastructure in peripheral neighborhoods in contrast with neighborhoods that are valued by the real estate capital. It is important to highlight that this research aims to the advent of a Citizen State, not a police state. For this reason, the following infrastructures will be examined: the number of schools, hospitals, theaters, bookstores and police stations. In Brazil, most theaters have public capital investment, that is why the “number of theaters” factor was taken into consideration in this research. The “number of bookstores” fator was inserted so that it could be possible to observe the influence of culture on the reduction of homicides. It is noteworthy that the number of homicides results from a complex problem in which many factors contribute to its occurrence. The purpose of this research is to verify only one aspect of the discussion about the motivations for the number of homicides: the presence of infrastructure in the territories.

Global Perspectives on US Democratization Efforts

Author : Sally Burt
Publisher : Springer
ISBN 13 : 1137589841
Total Pages : 231 pages
Book Rating : 4.1/5 (375 download)

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Book Synopsis Global Perspectives on US Democratization Efforts by : Sally Burt

Download or read book Global Perspectives on US Democratization Efforts written by Sally Burt and published by Springer. This book was released on 2016-08-19 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume follows up from Global Perspectives on US Foreign Policy: From the Outside In in providing unique perspectives on US foreign policy from citizens of countries affected. This approach allows the voices of those less commonly heard to be presented as part of the broader debate about US democracy assistance policies around the globe. Contributions from experts in the Middle East, Africa, the Americas, and Eastern Europe are included to ensure the most pressing issues of international relations in our time are addressed. This book should be read by anyone interested in the United States and global politics as it provides a fuller view of the world.

Addicted to Punishment

Author : Uprimny, Rodrigo
Publisher : Djusticia
ISBN 13 : 9585733889
Total Pages : 55 pages
Book Rating : 4.5/5 (857 download)

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Book Synopsis Addicted to Punishment by : Uprimny, Rodrigo

Download or read book Addicted to Punishment written by Uprimny, Rodrigo and published by Djusticia. This book was released on 2013-02-08 with total page 55 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Latin America, trafficking cocaine so it can be sold to someone who wants to use it is more serious than raping a woman or deliberately killing your neighbor. While it may seem incredible, that is the conclusion of a rigorous study of the evolution of criminal legislation in the region, which shows that countries’ judicial systems mete out harsher penalties for trafficking even modest amounts of drugs than for acts as heinous as sexual assault or murder. How have we reached such an unjust and irrational point? In recent decades, especially the 1980s, Latin American countries, influenced by an international prohibitionist model, fell – ironically – into what we might metaphorically call an addiction to punishment. Addiction creates the need to consume more and more drugs, which have less and less effect; ultimately, the problematic user simply consumes drugs to avoid withdrawal. Drug legislation in Latin America seems to have followed a similar path. Countries have an ever-growing need to add crimes and increase the penalties for drug trafficking, supposedly to control an ex- panding illegal market, while this increasingly punitive approach has less and less effect on decreasing the supply and use of illegal drugs. So just as the problematic drug user faced with the declining effects of the drug automatically increases the frequency and amount consumed, public officials, seeing the scant impact of growing punitive repression, increase the dose and frequency. And our countries become addicted to punishment, which explains the disproportionate laws that are discussed and documented in this paper. Over the past 60 years, this evolution has taken place within the context of the so-called “war on drugs.” The dominant worldwide policy on “illegal drugs” has been their prohibition, an approach characterized by the use of criminal law as the basic tool for combating all phases of the business (cultivation, production, distribution and trafficking), and in some cases even drug use. With some nuances and significant variation, the legislation in every country in the world contains criminal provisions calling for imprisonment for the distribution and trafficking of controlled substances.

Legal Philosophy

Author : International Association for Philosophy of Law and Social Philosophy. World Congress
Publisher : Franz Steiner Verlag
ISBN 13 : 9783515081009
Total Pages : 186 pages
Book Rating : 4.0/5 (81 download)

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Book Synopsis Legal Philosophy by : International Association for Philosophy of Law and Social Philosophy. World Congress

Download or read book Legal Philosophy written by International Association for Philosophy of Law and Social Philosophy. World Congress and published by Franz Steiner Verlag. This book was released on 2002 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many recent political and economic transformations pose difficult questions of legal and social theory. Yet, although these questions are now raised with new urgency, the basic questions are not new. They have long been central features of legal and social philosophy in its most general form. What principles explain or justify legal institutions or decisions, thereby transforming coercion to authority? Are there or could there be any such universal principles? Can any philosophical theory account for such principles? How, if at all, do philosophical theories of law and politics apply to particular issues? And finally, what, if any, do such practical applications tell us about general theories and principles? The essays in this volume represent the efforts of an international group of scholars to understand these general aspects of legal philosophy.

National Socialist Criminal Law

Author : Kai Ambos
Publisher : Nomos Verlag
ISBN 13 : 3845299258
Total Pages : 207 pages
Book Rating : 4.8/5 (452 download)

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Book Synopsis National Socialist Criminal Law by : Kai Ambos

Download or read book National Socialist Criminal Law written by Kai Ambos and published by Nomos Verlag. This book was released on 2019-09-27 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: Diese innovative Studie versteht das nationalsozialistische Strafrecht – in Übereinstimmung mit Kontinuitäts- und Radikalisierungsthese – als rassistisch (antisemitisch), völkisch ("germanisch") und totalitär ausgerichtete Fortschreibung der autoritären und antiliberalen Tendenzen des deutschen Strafrechts der Jahrhundertwende und der Weimarer Republik. Dies wird durch die systematisch-analytische Aufbereitung der Texte relevanter Autoren belegt, wobei es primär um die – für sich selbst sprechenden – Texte, nicht die moralische Beurteilung ihrer Verfasser geht. Dabei werden auch Erkenntnisse zur Rezeption des deutschen (NS-) Strafrechts in Lateinamerika mitgeteilt. Die besagte Kontinuität existierte nicht nur rückwärtsgewandt (post-Weimar), sondern auch zukunftsgerichtet (Bonner Republik). Kurzum, das NS-Strafrecht kam weder aus dem Nichts noch ist es nach 1945 völlig verschwunden. Der zeitgenössische Versuch der identitären Rekonstruktion des germanischen Mythos durch die sog. "neue Rechte" schließt daran nahtlos an.

Lawfare: The Criminalization of Democratic Politics in the Global South

Author : Raul Zaffaroni
Publisher : BRILL
ISBN 13 : 9004535152
Total Pages : 163 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis Lawfare: The Criminalization of Democratic Politics in the Global South by : Raul Zaffaroni

Download or read book Lawfare: The Criminalization of Democratic Politics in the Global South written by Raul Zaffaroni and published by BRILL. This book was released on 2023-02-27 with total page 163 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Criminalization of Democratic Politics in the Global South, Zaffaroni, Caamaño and Vegh Weis offer an account of the misuse of the law to criminalize progressive political leaders in Latin America.

Feminism, Violence Against Women, and Law Reform

Author : Silvana Tapia Tapia
Publisher : Routledge
ISBN 13 : 100057718X
Total Pages : 150 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis Feminism, Violence Against Women, and Law Reform by : Silvana Tapia Tapia

Download or read book Feminism, Violence Against Women, and Law Reform written by Silvana Tapia Tapia and published by Routledge. This book was released on 2022-04-28 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering an important addition to existing critiques of governance feminism and carceral expansion based mainly on experiences from the Global North, this book critically addresses feminist law reform on violence against women, from a decolonial perspective. Challenging the consensus that penal expansion is mainly associated with the co-option of feminist campaigns to counteract violence against women in the context of neoliberal globalisation, this book shows that long-standing colonial narratives underlie many of today’s dominant legal discourses justifying criminalisation, even in countries whose governments have called themselves "leftist" and "post-neoliberal". Mapping the history of law reform on violence against women in Ecuador, the book reveals how the conciliation between feminist campaigns and criminalisation strategies takes place through liberal legality, the language of human rights, and the discourse of constitutional guarantees, across the political spectrum. Whilst human rights make violence against women intelligible in mainstream legal terms, the book shows that the emergence of a "rights-based penality" produces a benign, formally innocuous criminal law, which can be presented as progressive, but in practice reproduces colonial and postcolonial paradigms that limit and reshape feminist demands. The book raises new questions on the complex social and political factors that impact on feminist law reform projects, as it demonstrates how colonial assumptions about gender, race, class, and the family remain embedded in liberal criminal law. This theoretically and empirically informed analysis makes an innovative contribution to feminist legal theory, post-colonial studies, and criminal law; and will be of interest to activists, scholars and policymakers working at the intersections between gender equality, law, and violence in Latin America and beyond.

Democracy, Agency, and the State

Author : Guillermo O'Donnell
Publisher : Oxford University Press
ISBN 13 : 0199587612
Total Pages : 271 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Democracy, Agency, and the State by : Guillermo O'Donnell

Download or read book Democracy, Agency, and the State written by Guillermo O'Donnell and published by Oxford University Press. This book was released on 2010-06-24 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the pioneers of democratization studies presents the culmination of a lifetime's study in the form of a far-reaching and profound analysis of the relationship between the state and democracy.