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The Legal Protection of Women From Violence: Normative Gaps in International Law (Human Rights and International Law)
by Rashida Manjoo Jackie JonesViolence against women remains one of the most pervasive human rights violations in the world today, and it permeates every society, at every level. Such violence is considered a systemic, widespread and pervasive human rights violation, experienced largely by women because they are women. Yet at the international level, there is a gap in the legal protection of women from violence. There is currently no binding international convention that explicitly prohibits such violence; or calls for its elimination; or, mandates the criminalisation of all forms of violence against women. This book critically analyses the treatment of violence against women in the United Nations system, and in three regional human rights systems. Each chapter explores the advantages and disadvantages coming from the legal instruments, the work of the monitoring systems, and the resulting findings and jurisprudence. The book proposes that the gap needs to be addressed through a new United Nations Convention on the Elimination of All Forms of Violence against Women, or alternatively an Optional Protocol to the Convention on the Elimination of all Forms of Discrimination against Women. A new Convention or Optional Protocol would be part of the transformative agenda that is needed to normatively address the promotion of a life free of violence for women, the responsibility of states to act with due diligence in the elimination of all forms of violence against all women, and the systemic challenges that are the causes and consequences of such violence.
Legal Reform in Korea (Routledge Advances in Korean Studies #Vol. 5)
by Tom GinsburgLaw in Korea has historically been viewed as merely a tool of authoritarian rule, but since the transition to democracy in 1987 it has served a more important and visible role as a force for social change. With contributions from leading US and Korean scholars, Legal Reform in Korea explores this response to domestic and international pressures, applying a socio-legal perspective to both legal practices and the legal institutions themselves, which have become a major political issue throughout the developing world. An invaluable resource for students of Asian law and Korean studies.
Legal Reforms in China and Vietnam: A Comparison of Asian Communist Regimes (Routledge Law in Asia)
by John Gillespie Albert H.Y. ChenAlthough the adoption of market reforms has been a key factor leading to China’s recent economic growth, China continues to be governed by a communist party and has a socialist-influenced legal system. Vietnam, starting later, also with a socialist-influenced legal system, has followed a similar reform path, and other countries too are now looking towards China and Vietnam as models for development. This book provides a comprehensive, comparative assessment of legal developments in China and Vietnam, examining similarities and differences, and raising important questions such as: Is there a distinctive Chinese model, and/or a more general East Asian Model? If so, can it be flexibly applied to social and economic conditions in different countries? If it cannot be applied to a culturally and politically similar country like Vietnam, is the model transportable elsewhere in the world? Combining ‘micro’ or interpretive methods with ‘macro’ or structural traditions, the book provides a nuanced account of legal reforms in China and Vietnam, highlighting the factors likely to promote, change or resist the spread of the Chinese model.
Legal Rights, 6th Ed.: The Guide for Deaf and Hard of Hearing People
by National Association of the DeafThe standard handbook on law affecting deaf and hard of hearing people has been completely rewritten and updated. The sixth edition of Legal Rights: The Guide for Deaf and Hard of Hearing People meticulously describes those statutes that prohibit discrimination against deaf and hard of hearing people, and any others with physical challenges. Written in easy-to-understand language, the new edition describes the core legislation and laws and their critical importance since their inception: The Rehabilitation Act of 1973, the Individuals with Disabilities Education Act (IDEA), and the Americans with Disabilities Act (ADA). The new Legal Rights also explains the significant amendments to these laws, including the ADA Amendments Act (ADAAA) and new regulations to its Title II concerning public entities and Title III pertaining to public accommodations and commercial facilities. The reauthorization of IDEA expanded the No Child Left Behind Act requirement for highly qualified teachers to all students with disabilities. This new edition also tracks the trend of passing a Deaf and Hard of Hearing Children's Bill of Rights in a growing number of state legislatures. This completely new resource also delineates new legislation such as the Twenty-First Century Communications Video and Accessibility Act, which ensures access to the newest communications technology for deaf and hard of hearing people. Legal Rights also includes information on the use of interpreters in the legal system, securing its position as the most comprehensive reference of legal information for deaf and hard of hearing people now available.
Legal Rules in Practice: In the Midst of Law’s Life
by Baudouin Dupret; Julie Colemans; and Max TraversUnderstanding legal rules not as determinants of behavior but as points of reference for conduct, this volume considers the ways in which rules are invoked, referred to, interpreted, put forward or blurred. It also asks how both legal practitioners and lay participants conceive of and participate in the construction of facts and rules, and thus, through decisions, defenses, pleas, files, evidence, interviews and documents, actively participate in law’s life. With attention to the formulation of notions such as person, evidence, intention, cause and responsibility in the course of legal practices, Legal Rules in Practice provides the outlines of a praxiological anthropology of law – an anthropology that focuses on words, concepts and reasoning as actively used to solve conflicts with the help of legal rules. As such, it will appeal to sociologists, anthropologists and scholars of law with interests in ethnomethodology, rule-based conduct and practical reasoning.
Legal Services and Digital Infrastructures: A New Compass for Better Governance
by Daniela PianaThis book seeks to provide and promote a better understanding and a more responsive and inclusive governance of the automation and digital devices in public institutions, particularly the law and justice sector. Concerns related to AI design and use have been exacerbated recently with the recognition of the discriminatory potential that can be embedded into AI applications in public service institutions. This book examines issues relating to the assigning of responsibility in a public service produced and delivered on the basis of an automated mechanism. It encourages critical thinking about the legal services and the justice institutions as they are transformed by AI and automation. It raises awareness as to the prospect of transformation we face in terms of responsibility and of agency and the need to design a citizen-centered and human rights compliant system of technology assessment and AI monitoring and evaluation. The book calls for a comprehensive strategy to enable professional practitioners and decision makers to engage in the design of AI driven legal and justice services. The work draws on on-going research and consulting activities carried out by the author across different countries and different systems in the legal and justice sector. The book offers a critical approach to encourage a new mindset among legal professionals and the justice institutions thus empowering and training them to develop the necessary responsiveness and accountability in the justice sector and legal systems. It will also be of interest to researchers and academics working in the area of AI, Public Law, Human Rights and Criminal Justice.
The Legal Singularity: How Artificial Intelligence Can Make Law Radically Better
by Abdi Aidid Benjamin AlarieLaw today is incomplete, inaccessible, unclear, underdeveloped, and often perplexing to those whom it affects. In The Legal Singularity, Abdi Aidid and Benjamin Alarie argue that the proliferation of artificial intelligence–enabled technology – and specifically the advent of legal prediction – is on the verge of radically reconfiguring the law, our institutions, and our society for the better. Revealing the ways in which our legal institutions underperform and are expensive to administer, the book highlights the negative social consequences associated with our legal status quo. Given the infirmities of the current state of the law and our legal institutions, the silver lining is that there is ample room for improvement. With concerted action, technology can help us to ameliorate the problems of the law and improve our legal institutions. Inspired in part by the concept of the "technological singularity," The Legal Singularity presents a future state in which technology facilitates the functional "completeness" of law, where the law is at once extraordinarily more complex in its specification than it is today, and yet operationally, the law is vastly more knowable, fairer, and clearer for its subjects. Aidid and Alarie describe the changes that will culminate in the legal singularity and explore the implications for the law and its institutions.
Legal Spectatorship: Slavery and the Visual Culture of Domestic Violence
by Kelli MooreIn Legal Spectatorship Kelli Moore traces the political origins of the concept of domestic violence through visual culture in the United States. Tracing its appearance in Article IV of the Constitution, slave narratives, police notation, cybernetic theories of affect, criminal trials, and the “look” of the battered woman, Moore contends that domestic violence refers to more than violence between intimate partners—it denotes the mechanisms of racial hierarchy and oppression that undergird republican government in the United States. Moore connects the use of photographic evidence of domestic violence in courtrooms, which often stands in for women’s testimony, to slaves’ silent experience and witnessing of domestic abuse. Drawing on Harriet Jacobs’s Incidents in the Life of a Slave Girl, abolitionist print culture, courtroom witness testimony, and the work of Hortense Spillers, Moore shows how the logic of slavery and antiblack racism also dictates the silencing techniques of the contemporary domestic violence courtroom. By positioning testimony on contemporary domestic violence prosecution within the archive of slavery, Moore demonstrates that domestic violence and its image are haunted by black bodies, black flesh, and black freedom.Duke University Press Scholars of Color First Book Award recipient
The Legal Status Of The Arabs In Israel
by David KretzmerThis study examines how the Israeli legal system copes with two major issues. The first is the tension between the constitutional definition of Israel as both a Jewish state and a democracy committed to equal rights for all of its citizens. The second issue is the delicate position of a national minority in a state that since its establishment has been involved in a bitter conflict with the Palestinian nation to which that minority belongs.
Legal Stories: Narrative-Based Property Development in the Modern Copyright Era
by Gregory SteirerTracing the emergence of what the media industries today call transmedia, story worlds, and narrative franchises, Legal Stories provides a dual history of copyright law and narrative-based media development between the Copyright Act of 1909 and the Copyright Act of 1976. Drawing on archival material, including legal case files, and employing the principles of actor-network theory, Gregory Steirer demonstrates how the meaning and form of narrative-based property in the twentieth century was integral to the letter and practice of intellectual property law during this time. Steirer’s expansive view of intellectual property law encompasses not only statutes and judicial opinions, but also the everyday practices and productions of authors, editors, fans, and other legal laypersons. The result is a history of the law as improvisatory and accident-prone, taking place as often outside the courtroom as inside, and shaped as much by laypersons as lawyers. Through the examination of influential legal disputes involving early properties such as Dashiell Hammett’s Sam Spade, H. P. Lovecraft’s Cthulhu Mythos, and Robert E. Howard’s Conan the Barbarian, Steirer provides a ground’s eye view of how copyright law has operated and evolved in practice.
Legal Strategies in Childhood Obesity Prevention
by Lynn ParkerSince 1980, childhood obesity rates have more than tripled in the United States. Recent data show that almost one-third of children over 2 years of age are already overweight or obese. While the prevalence of childhood obesity appears to have plateaued in recent years, the magnitude of the problem remains unsustainably high and represents an enormous public health concern. All options for addressing the childhood obesity epidemic must therefore be explored. In the United States, legal approaches have successfully reduced other threats to public health, such as the lack of passive restraints in automobiles and the use of tobacco. The question then arises of whether laws, regulations, and litigation can likewise be used to change practices and policies that contribute to obesity. On October 21, 2010, the Institute of Medicine (IOM) held a workshop to bring together stakeholders to discuss the current and future legal strategies aimed at combating childhood obesity. Legal Strategies in Childhood Obesity Prevention summarizes the proceedings of that workshop. The report examines the challenges involved in implementing public health initiatives by using legal strategies to elicit change. It also discusses circumstances in which legal strategies are needed and effective. This workshop was created only to explore the boundaries of potential legal approaches to address childhood obesity, and therefore, does not contain recommendations for the use of such approaches.
Legal Systems and Incest Taboos: The Transition from Childhood to Adolescence
by John R. CommonsThe goal of this book is to investigate why there are two distinct notions of liability in the legal and ethical systems of different societies; the relationship between two sets of criteria of liability and the individual's evolution from childhood adolescence. The specific ways in which different societies cope with the transition from childhood to adolescence are important because a sense of responsibility, consonant with the goals of the society and survival of family and culture, is implanted in the growing child.The ways in which incest taboos are taught constitute one of the crucial modes by which a sense of responsibility is implanted within an individual during his transition from childhood to adolescence. The author places most of his focus on social systems, the transition from childhood to adolescence. Theoretical concerns are with the ways in which human biology and human social structures impact each other.The fact that wide variations do exist among societies in connection with certain types of incest taboos does not lead inevitably to the conclusion that there is no biological basis for the incest taboo. The immediate impression of variability can be misleading; extreme differences between cultures in the same institutional realm, as between individuals, often reveals remarkable regularity and consistency. These regularities are seen in the cultural phenomena; the assumption that biology and culture are bound up in their manifestations is fundamental in understanding their nature
The Legal Universe
by Vine Deloria Jr. David E. WilkinsAccording to the authors, "whenever American minorities have raised voices of protest, they have been admonished to work within the legal system that seek its abolition." This essential work examines the historical evolution of the legal rights of various groups in America and the relationship between these rights and the philosophical intent of the founders. Vine Deloria Jr. was named by Time magazine as one of the greatest religious thinkers of the twentieth century. He was a leading scholar who authored many acclaimed books, including God is Red: A Native View of Religion. Professor David E. Wilkins holds the McKnight Presidential Professorship in American Indian studies at the University of Minnesota.
Legal Violence and the Limits of the Law: Cruel and Unusual
by Amy Swiffen Joshua NicholsWhat is the meaning of punishment today? Where is the limit that separates it from the cruel and unusual? In legal discourse, the distinction between punishment and vengeance—punishment being the measured use of legally sanctioned violence and vengeance being a use of violence that has no measure—is expressed by the idea of "cruel and unusual punishment." This phrase was originally contained in the English Bill of Rights (1689). But it (and versions of it) has since found its way into numerous constitutions and declarations, including Article 5 of the Universal Declaration of Human Rights, as well as the Amendment to the US Constitution. Clearly, in order for the use of violence to be legitimate, it must be subject to limitation. The difficulty is that the determination of this limit should be objective, but it is not, and its application in punitive practice is constituted by a host of extra-legal factors and social and political structures. It is this essential contestability of the limit which distinguishes punishment from violence that this book addresses. And, including contributions from a range of internationally renowned scholars, it offers a plurality of original and important responses to the contemporary question of the relationship between punishment and the limits of law.
Legalising drugs: Debates and dilemmas
by Philip BeanGovernment policy has steadfastly been against drug legalisation, but increasingly critics have argued that this is unsustainable. This book is a timely examination of the issues this raises. Numerous suggestions have been offered. Some seek complete legalisation, others a more modified form, yet still others want an increasing commitment to harm reduction policies. Philip Bean examines the implications of these proposals for individuals, especially juveniles, and for society, when set against crime reduction claims. He concludes with the necessary questions a rational drug policy must answer. The book will be essential reading for students and academics in criminology, sociology and social policy, as well as policy makers, practitioners and the general public.
Legalising Mitochondrial Donation: Enacting Ethical Futures In Uk Biomedical Politics
by Rebecca Dimond Neil StephensIn 2015 the UK became the first country in the world to legalise mitochondrial donation, a controversial germ line reproductive technology to prevent the transmission of mitochondrial disease. Dimond and Stephens track the intense period of scientific and ethical review, public consultation and parliamentary debates preceeding the decision. They draw on stakeholder accounts and public documents to explore how patients, professionals, institutions and publics mobilised within ‘for’ and ‘against’ clusters, engaging in extensive promissory, emotional, bureaucratic, ethical, embodied and clinical labour to justify competing visions of an ethical future. They describe how this decision is the latest iteration of a UK sociotechnical imaginary in which the further liberalization of human embryo research and use is rendered legitimate and ethical through modes of consultation and permissive but strictly regulated licensing. Overall, this book presents a timely, multi-dimensional, and sociological account of a globally significant landmark in the history of human genetics, and will be relevant to those with an interest in genetics, Science, Technology and Society, the sociology of medicine, reproductive technology, and public policy debate.
Legalising Prostitution in Thailand: A Policy-Oriented Examination of the (De-)Construction of Commercial Sex (SpringerBriefs in Sociology)
by Jason HungThis book problematises the socioeconomic and institutional construction of prostitution in Thai contexts, identifying the root causes that propel underprivileged, discriminated and deprived women and girls to enter the sex industry. The author considers Thailand’s tolerance of prostitution and sex trafficking, despite criminalising prostitution since 1960. In doing so, they explain how criminalising prostitution does not lower the odds of women and girls engaging in commercial sex, but rather, legally marginalises them from receiving the necessary social and healthcare support. The book highlights that neither can Thailand pragmatically practice a zero-tolerance stance against prostitution - primarily due to severe police corruption and its heavy reliance on the sex tourism economy to support the national economic growth - nor is Thailand willing to fully crack down on the domestic sex industry. Engaging in an evaluation of how legalising and decriminalising prostitution, along with continuing to implement policies and interventions that alleviate the root causes of prostitution, can help Thailand build a more inclusive society and less-prostitution-reliant economy in the long term, the book provides a nuanced understanding of the relationships between society, inequality, governance, criminality, and policy in Southeast Asian contexts. It is relevant to students and researchers in sociology, socio-criminology, public policy, government and Southeast Asian studies.
The Legality of Boxing: A Punch Drunk Love? (Birkbeck Law Press)
by Jack AndersonThe first book of its kind dedicated to an assessment of the legality of boxing, The Legality of Boxing: A Punch Drunk Love? assesses the legal response to prize fighting and undertakes a current analysis of the status of boxing in both criminal legal theory and practice. In this book, Anderson exposes boxing’s 'exemption' from contemporary legal and social norms. Reviewing all aspects of boxing - historical, legal, moral, ethical, philosophical, medical, racial and regulatory - he concludes that the supposition that boxing has a (consensual) immunity from the ordinary law of violence, based primarily on its social utility as a recognised sport, is not as robust as is usually assumed. It: suggests that the sport is extremely vulnerable to prosecution and might in fact already be illegal under English criminal law outlines the physical and financial exploitation suffered by individual boxers both inside and outside the ring, suggesting that standard boxing contracts are coercive thus illegal and that boxers do not give adequate levels of informed consent to participate advocates a number of fundamental reforms, including possibly that the sport will have to consider banning blows to the head proposes the creation of a national boxing commission in the US and a similar entity in the United Kingdom, which together would attempt to restore the credibility of a sport long know as the red-light district of sports administration. An excellent book, it is a must read for all those studying sports law, popular culture and the law and jurisprudence.
Legalizing Cannabis: Experiences, Lessons and Scenarios (Routledge Studies in Crime and Society)
by Tom Decorte Simon Lenton Chris WilkinsThe book explores how we should evaluate the models of cannabis legalization as they have been implemented in several jurisdictions in the past few years; the specific models for future cannabis legalization that have been developed and how similar or different they are they from the models already implemented; as well as the lessons that can be drawn from attempts to regulate other psychoactive substances, such as alcohol, tobacco, pharmaceuticals and "legal highs", and other "vice" activities such as gambling and prostitution.
Legalizing Drugs: The key to ending the war (No-Nonsense Guides #3)
by Steve RollesThe question is no longer if we should end the war on drugs but how we do it. This No-Nonsense Guide counts the human and financial cost of fifty years of drug war – and proceeds to outline a better way, looking at where drug law reform is already working, how to overcome the obstacles to reform, and what a post-drug war world might look like.
Legalizing LGBT Families: How the Law Shapes Parenthood
by D'Lane R. Compton Amanda K. BaumleThe decision to have a child is seldom a simple one, often fraught with complexities regarding emotional readiness, finances, marital status, and compatibility with life and career goals. Rarely, though, do individuals consider the role of the law in facilitating or inhibiting their ability to have a child or to parent. For LGBT individuals, however, parenting is saturated with legality - including the initial decision of whether to have a child, how to have a child, whether one's relationship with their child will be recognized, and everyday acts of parenting like completing forms or picking up children from school. Through in-depth interviews with 137 LGBT parents, Amanda K. Baumle and D'Lane R. Compton examine the role of the law in the lives of LGBT parents and how individuals use the law when making decisions about family formation or parenting. Baumle and Compton explore the ways in which LGBT parents participate in the process of constructing legality through accepting, modifying, or rejecting legal meanings about their families. Few groups encounter as much variation in access to everyday legal rights pertaining to the family as do LGBT parents. This complexity and variation in legal environments provides a rather unique opportunity to examine the manner in which legal context affects the ways in which individuals come to understand the meaning and utility of the law for their lives. The authors conclude that legality is constructed through a complex interplay of legal context, social networks, individual characteristics, and familial desires. Ultimately, the stories of LGBT parents in this book reflect a rich and varied relationship between the law, the state, and the private family goals of individuals.
Legalizing Misandry: From Public Shame to Systemic Discrimination against Men
by Paul Nathanson Katherine K. YoungPaul Nathanson and Katherine Young believe that this reveals a shift in the United States and Canada to a worldview based on ideological feminism, which presents all issues from the point of view of women and, in the process, explicitly or implicitly attacks men as a class. They argue that ideological feminism is silently reshaping law, public policy, education, and journalism.
Legalizing Misandry
by Katherine K. Young Paul NathansonPaul Nathanson and Katherine Young believe that this reveals a shift in the United States and Canada to a worldview based on ideological feminism, which presents all issues from the point of view of women and, in the process, explicitly or implicitly attacks men as a class. They argue that ideological feminism is silently reshaping law, public policy, education, and journalism.
Legalizing Prostitution: From Illicit Vice to Lawful Business
by Ronald WeitzerWhile sex work has long been controversial, it has become even more contested over the past decade as laws, policies, and enforcement practices have become more repressive in many nations, partly as a result of the ascendancy of interest groups committed to the total abolition of the sex industry. At the same time, however, several other nations have recently decriminalized prostitution.Legalizing Prostitution maps out the current terrain. Using America as a backdrop, Weitzer draws on extensive field research in the Netherlands, Belgium, and Germany to illustrate alternatives to American-style criminalization of sex workers. These cases are then used to develop a roster of “best practices” that can serve as a model for other nations considering legalization. Legalizing Prostitution provides a theoretically grounded comparative analysis of political dynamics, policy outcomes, and red-light landscapes in nations where prostitution has been legalized and regulated by the government, presenting a rich and novel portrait of the multifaceted world of legal sex for sale.
Legend into History: The Custer Mystery An Analytical Study of the Battle of the Little Big Horn
by Charles KuhlmanTHERE is little need for another study of what happened at the Battle of the Little Big Horn, considered from the stand-point of objective results, for they have already been repeatedly cataloged. And, except for the action on Custer Field, the how of the event has been largely cleared up. What remains in violent controversy is the why of the results. This leads us directly to the mental reactions of the participants in the face of what they encountered from the time they left the Yellowstone until the battle was over.If we wish to understand why Custer, Reno, Benteen, or any of the troop commanders did what they did, we must, in imagination, ride at their elbows and try to see what they saw at any given time and place, the nature of the terrain, what they knew or believed, about the position and numbers of the enemy, the whereabouts of the different detachments of the regiment, and try to understand their doubts and perplexities resulting from insufficient information. In addition to this we must constantly have in our own minds a panoramic view of the whole area involved, as well as a fairly accurate idea of the minor details of the topography that are of military significance, and remember that the responsible officers learned of these details, for the most part, only as they came to them.The present study is, therefore, concerned chiefly with this why. It represents an effort to do what, as far as we are aware, has never been attempted before except for certain limited phases of our subject. That is to say, I have sought to explain in a systematic way the why of the battle not so much by dint of quotation from the sources as by subjecting these sources to a rigid analysis in order to discover what they seem to spell after all definite inconsistencies have been canceled out. It is a large order that leaves ample room for self-deception and other types of error.