Providing detailed and comprehensive coverage of the transitional justice field, this Research Handbook brings together leading scholars and practitioners to explore how societies deal with mass atrocities after periods of dictatorship or conflict. Situating the development of transitional justice in its historical context, social and political context, it analyses the legal instruments that have emerged.
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Edited by David Mangan and Lorna E. Gillies
Social media enables instant access to individual self-expression and the sharing of information. Social media issues are boundless, permeating distinct legal disciplines. The law has struggled to adapt and for good reason: how does the law regulate this medium over the public/private law divide? This book engages with the legal implications of social media from public and private law perspectives and outlines how the law, in various legal sub-disciplines and with varying success, has endeavoured to adapt existing tools to social media.
Providing an accessible introduction to the application of multi-criteria analysis in law, this book illustrates how simple additive weighing, a well known method in decision theory, can be used in problem structuring, analysis and decision support for overall assessments and balancing of interests in the context of law.
Bart Wauters and Marco de Benito
Comprehensive and accessible, this book offers a concise synthesis of the evolution of the law in Western Europe, from ancient Rome to the beginning of the twentieth century. It situates law in the wider framework of Europe’s political, economic, social and cultural developments.
Edited by Frank Fagan and Saul Levmore
Legal reasoning, pronouncements of judgment, the design and implementation of statutes, and even constitution-making and discourse all depend on timing. This compelling study examines the diverse interactions between law and time, and provides important perspectives on how law's architecture can be understood through time. The book revisits older work on legal transitions and breaks new ground on timing rules, especially with respect to how judges, legislators and regulators use time as a tool when devising new rules. At its core, The Timing of Lawmaking goes directly to the heart of the most basic of legal debates: when should we respect the past, and when should we make a clean break for the future?
Edited by Ann Numhauser-Henning
The ageing population poses a huge challenge to law and society, carrying important structural and institutional implications. This book portrays elder law as an emerging research discipline in the European setting in terms of both conceptual and theoretical perspectives as well as elements of the law.
Criminal reconciliation, a special procedure stipulated in PRC’s 2013 Criminal Procedure Law, allows the alleged perpetrators and victims of certain crimes to resolve criminal cases through reconciliation or mediation. Based on empirical studies on pilot practices of this mechanism in three cities in China, this book argues that criminal reconciliation enables abuses of power and infringement of the parties’ access to justice. This programme further throws light on certain fundamental problems with the wider criminal justice system.
This Short Introduction looks at judging and reasoning from three perspectives: what legal reasoning has been; what legal reasoning is from the view of judges and jurists themselves (the internal view); and what legal reasoning is from the view of a social scientist epistemologist or humanities specialist (the external view). Combining cases and materials with original text, this unique, concise format is designed for students who are starting out on their law programmes, as well as for students and researchers who would like to examine judging and legal reasoning in more depth.
New Models of Participation and Expertise in the United States and Europe
Edited by Thierry Delpeuch and Jacqueline E. Ross
"Intelligence-led policing" is an emerging movement of efforts to develop a more democratic approach to the governance of intelligence by expanding the types of expertise and the range of participants who collaborate in the networked governance of intelligence. This book examines how the partnership paradigm has transformed the ways in which participants gather, analyze, and use intelligence about security problems ranging from petty nuisances and violent crime to urban riots, organized crime, and terrorism. It explores changes in the way police and other security professionals define and prioritize these concerns and how the expanding range of stakeholders and the growing repertoire of solutions has transformed both the expertise and the deliberative processes involved.
New Philosophy and New Law for a Troubled World
There is a vacuum of philosophy to make sense of a world dominated by a disorderly global economy, by science and engineering, by ideologies, and by popular culture. There is a vacuum of law to bring order to relations between states that are more threatening than they have ever been. Thomas More’s Utopia (1516) re-thought everything in another difficult new world. Philip Allott’s Eutopia (2016) reclaims the best of human thought to empower us in making a better human world.