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The Conceptual Foundations of Transitional Justice

The Conceptual Foundations Of Transitional Justice

Digital Technologies and Public Procurement: Gatekeeping and Experimentation in Digital Public Governance

The digital transformation of the public sector has accelerated. States are experimenting with technology, seeking more streamlined and efficient digital government and public services. However, there are significant concerns about the risks and harms to individual and collective rights under new modes of digital public governance. Several jurisdictions are attempting to regulate digital technologies, especially artificial intelligence, however regulatory effort primarily concentrates on technology use by companies, not by governments. The regulatory gap underpinning public sector digitalisation is growing. As it controls the acquisition of digital technologies, public procurement has emerged as a 'regulatory fix' to govern public sector digitalisation. It seeks to ensure through its contracts that public sector digitalisation is trustworthy, ethical, responsible, transparent, fair, and (cyber) safe. However, in Digital Technologies and Public Procurement: Gatekeeping and Experimentation in Digital Public Governance, Albert Sanchez-Graells argues that procurement cannot perform this gatekeeping role effectively. Through a detailed case study of procurement digitalisation as a site of unregulated technological experimentation, he demonstrates that relying on 'regulation by contract' creates a false sense of security in governing the transition towards digital public governance. This leaves the public sector exposed to the 'policy irresistibility' that surrounds hyped digital technologies. Bringing together insights from political economy, public policy, science, technology, and legal scholarship, this thought-provoking book proposes an alternative regulatory approach and contributes to broader debates of digital constitutionalism and digital technology regulation.

Digital Technologies and Public Procurement: Gatekeeping and Experimentation in Digital Public Governance

The digital transformation of the public sector has accelerated. States are experimenting with technology, seeking more streamlined and efficient digital government and public services. However, there are significant concerns about the risks and harms to individual and collective rights under new modes of digital public governance. Several jurisdictions are attempting to regulate digital technologies, especially artificial intelligence, however regulatory effort primarily concentrates on technology use by companies, not by governments. The regulatory gap underpinning public sector digitalisation is growing. As it controls the acquisition of digital technologies, public procurement has emerged as a 'regulatory fix' to govern public sector digitalisation. It seeks to ensure through its contracts that public sector digitalisation is trustworthy, ethical, responsible, transparent, fair, and (cyber) safe. However, in Digital Technologies and Public Procurement: Gatekeeping and Experimentation in Digital Public Governance, Albert Sanchez-Graells argues that procurement cannot perform this gatekeeping role effectively. Through a detailed case study of procurement digitalisation as a site of unregulated technological experimentation, he demonstrates that relying on 'regulation by contract' creates a false sense of security in governing the transition towards digital public governance. This leaves the public sector exposed to the 'policy irresistibility' that surrounds hyped digital technologies. Bringing together insights from political economy, public policy, science, technology, and legal scholarship, this thought-provoking book proposes an alternative regulatory approach and contributes to broader debates of digital constitutionalism and digital technology regulation.

The Woomera Manual on the International Law of Military Space Operations

Military uses in space are rapidly changing and expanding, challenging both states and non-governmental agencies in identifying and applying the governing rules. In the midst of these challenges, states, policymakers, and practitioners must engage with new, real circumstances in space, not merely hypothetical threats or problems. As a contribution to the understudied but crucial field, The Woomera Manual on the International Law of Military Space Activities and Operations is interdisciplinary in nature— drawing on space law, national security law, technology, international law, and diplomacy. Thus, The Woomera Manual serves as the first comprehensive examination of the field. In it, all three phases of military space interactions are analyzed (during times of peace, tension or crisis, and armed conflict), with relevance to both the public and private space sectors. Utilizing meticulous research and focusing particularly on state practice, it explores the interaction of different legal regimes, including space law, the UN Charter, other treaty-based regimes, as well as international humanitarian law. Through an extensive consultation process with state and NGO representatives from across the globe, The Woomera Manual serves as a practical and reliable resource in the emerging field of space law. This book is a critical resource for any entity navigating the increasingly consequential subject of space operations by providing an outline for more predictable and peaceful cooperation.

The Woomera Manual on the International Law of Military Space Operations

Military uses in space are rapidly changing and expanding, challenging both states and non-governmental agencies in identifying and applying the governing rules. In the midst of these challenges, states, policymakers, and practitioners must engage with new, real circumstances in space, not merely hypothetical threats or problems. As a contribution to the understudied but crucial field, The Woomera Manual on the International Law of Military Space Activities and Operations is interdisciplinary in nature— drawing on space law, national security law, technology, international law, and diplomacy. Thus, The Woomera Manual serves as the first comprehensive examination of the field. In it, all three phases of military space interactions are analyzed (during times of peace, tension or crisis, and armed conflict), with relevance to both the public and private space sectors. Utilizing meticulous research and focusing particularly on state practice, it explores the interaction of different legal regimes, including space law, the UN Charter, other treaty-based regimes, as well as international humanitarian law. Through an extensive consultation process with state and NGO representatives from across the globe, The Woomera Manual serves as a practical and reliable resource in the emerging field of space law. This book is a critical resource for any entity navigating the increasingly consequential subject of space operations by providing an outline for more predictable and peaceful cooperation.

The Armenian Genocide and Turkey: Public Memory and Institutionalized Denial (Armenians in the Modern and Early Modern World)

How is official denial of the Armenian genocide maintained in Turkey? In this book, Hakan Seckinelgin investigates the mechanisms by which denial of the events of 1915 are reproduced in official discourse, and the effect this has on Turkish citizens. Examining state education, media discourse, academic publications, as well as public events debating the Armenian genocide, the book argues that, at the public level, there exists a 'grammar' or 'repertoire' of denial in Turkey which regulates how the issue can be publicly conceptualised and understood. The book's careful analysis examines the way that knowledge about the genocide is censored in Turkey, from the language that must be used to publicly discuss it, to the complex way in which selective knowledge and erased history is reproduced, from 1915 and subsequent generations until today. It argues that denialism has become important to a certain kind Turkish national identity and belonging – and suggests ways in which this relationship can be unpicked in future.

The Armenian Genocide and Turkey: Public Memory and Institutionalized Denial (Armenians in the Modern and Early Modern World)

How is official denial of the Armenian genocide maintained in Turkey? In this book, Hakan Seckinelgin investigates the mechanisms by which denial of the events of 1915 are reproduced in official discourse, and the effect this has on Turkish citizens. Examining state education, media discourse, academic publications, as well as public events debating the Armenian genocide, the book argues that, at the public level, there exists a 'grammar' or 'repertoire' of denial in Turkey which regulates how the issue can be publicly conceptualised and understood. The book's careful analysis examines the way that knowledge about the genocide is censored in Turkey, from the language that must be used to publicly discuss it, to the complex way in which selective knowledge and erased history is reproduced, from 1915 and subsequent generations until today. It argues that denialism has become important to a certain kind Turkish national identity and belonging – and suggests ways in which this relationship can be unpicked in future.

Sustainable Housing in a Circular Economy

This book relates circular economy principles to housing design and construction and highlights how those principles can result in both monetary savings, positive environmental impact, and socio-ecological change.Chapters focus on three key circular economy principles and apply them to architectural construction and design, namely rethinking of the end-of-use phase of a building and the potential of design-for-disassembly; the role of digitization and data standardization in fostering evidence-based circular economy design decision-making; and presenting space as a resource to conserve, via exploration of the sharing economy and flexibility principles. Beyond waste management and material cycles, this book provides a holistic understanding of the opportunities across the building life cycle that can allow for sustainable and affordable circular housing. With case studies from 13 different countries, including but not limited to the Hammarby Sjöstad district in Sweden, the Circle House in Denmark, Benny Farm in Canada, VMD Prefabricated House in Mexico, and the Deep Performance Dwelling in China, authors pair theoretical frameworks with real-world examples.This will be a useful resource for upper-level students and academics of architecture, construction, and planning, especially those studying and researching housing design, building technology, green project management, and environmental design.

Sustainable Housing in a Circular Economy

This book relates circular economy principles to housing design and construction and highlights how those principles can result in both monetary savings, positive environmental impact, and socio-ecological change.Chapters focus on three key circular economy principles and apply them to architectural construction and design, namely rethinking of the end-of-use phase of a building and the potential of design-for-disassembly; the role of digitization and data standardization in fostering evidence-based circular economy design decision-making; and presenting space as a resource to conserve, via exploration of the sharing economy and flexibility principles. Beyond waste management and material cycles, this book provides a holistic understanding of the opportunities across the building life cycle that can allow for sustainable and affordable circular housing. With case studies from 13 different countries, including but not limited to the Hammarby Sjöstad district in Sweden, the Circle House in Denmark, Benny Farm in Canada, VMD Prefabricated House in Mexico, and the Deep Performance Dwelling in China, authors pair theoretical frameworks with real-world examples.This will be a useful resource for upper-level students and academics of architecture, construction, and planning, especially those studying and researching housing design, building technology, green project management, and environmental design.

Modern Criminal Law: Essays in Honour of GR Sullivan

This book brings together leading scholars from the next generation of UK criminal lawyers to celebrate the work of GR Sullivan, Emeritus Professor at University College London, in the year of his retirement from writing Simester and Sullivan's Criminal Law: Theory and Doctrine. The contributors examine many of the areas in which GR (Bob) Sullivan's own writing has been influential, ranging from general doctrines such as causation and culpability, across specific offences like theft and fraud, through defences including necessity and insanity; before turning, finally, to matters affecting the criminal process, notably challenges to the doctrine of precedent in criminal law. Taken together, the essays are a powerful tribute to Bob's standing and influence upon modern criminal law. At the same time, individually they make sophisticated contributions to our understanding of some pressing issues in contemporary criminal law. The essays illustrate the increasing importance of theoretical argument in modern criminal law, as well as the manner in which doctrinal debates have become interwoven with arguments about criminalisation norms. The resulting collection is thus a tribute also to the character of modern academic criminal law, a character that Bob and the writers of his generation did so much to develop.

Referendums as Representative Democracy

In referendums on fundamental constitutional issues, do the people come together to make decisions instead of representatives? This book argues no. It offers an alternative theory of referendums whereby they are one of many ordinary ways that voters give direction to their representatives. In this way, the book argues that referendums are better understood as exercises in representative democracy. The book challenges the current treatment of referendums in processes of constitutional change both in the UK and around the world. It argues that referendums have been used under the banner of popular sovereignty in a way that undermines representative institutions. This book makes the case for the use of referendums stronger by showing how they can support, rather than undermine, institutions of representative democracy.Understanding referendums as exercises in representative democracy has broader implications for constitutional democracy as well. Rather than see the power to constitute constitutions as something that happens occasionally in exceptional moments through referendums, this book argues instead that voters constantly have the power to constitute and reconstitute their constitutions.

Referendums as Representative Democracy

In referendums on fundamental constitutional issues, do the people come together to make decisions instead of representatives? This book argues no. It offers an alternative theory of referendums whereby they are one of many ordinary ways that voters give direction to their representatives. In this way, the book argues that referendums are better understood as exercises in representative democracy. The book challenges the current treatment of referendums in processes of constitutional change both in the UK and around the world. It argues that referendums have been used under the banner of popular sovereignty in a way that undermines representative institutions. This book makes the case for the use of referendums stronger by showing how they can support, rather than undermine, institutions of representative democracy.Understanding referendums as exercises in representative democracy has broader implications for constitutional democracy as well. Rather than see the power to constitute constitutions as something that happens occasionally in exceptional moments through referendums, this book argues instead that voters constantly have the power to constitute and reconstitute their constitutions.

Modern Criminal Law: Essays in Honour of GR Sullivan

This book brings together leading scholars from the next generation of UK criminal lawyers to celebrate the work of GR Sullivan, Emeritus Professor at University College London, in the year of his retirement from writing Simester and Sullivan's Criminal Law: Theory and Doctrine. The contributors examine many of the areas in which GR (Bob) Sullivan's own writing has been influential, ranging from general doctrines such as causation and culpability, across specific offences like theft and fraud, through defences including necessity and insanity; before turning, finally, to matters affecting the criminal process, notably challenges to the doctrine of precedent in criminal law. Taken together, the essays are a powerful tribute to Bob's standing and influence upon modern criminal law. At the same time, individually they make sophisticated contributions to our understanding of some pressing issues in contemporary criminal law. The essays illustrate the increasing importance of theoretical argument in modern criminal law, as well as the manner in which doctrinal debates have become interwoven with arguments about criminalisation norms. The resulting collection is thus a tribute also to the character of modern academic criminal law, a character that Bob and the writers of his generation did so much to develop.

Litigants in Person in the Civil Justice System: In Their Own Words

Why do people represent themselves?What works and what doesn't for self-represented parties?And how can we improve Litigant in Person (LiP) experiences to make the civil justice system fairer?Based on in-depth interviews with individuals who have acted as Litigants in Person in the civil courts, the book provides the first full-length account of LiP experiences. The author shines a light on how much we don't know about LiPs, the civil justice system, and LiPs' place within it, as well as the kinds of things we ought to be doing to improve access to justice for unrepresented parties.Perfect for scholars of administrative justice, access to justice, court reform and legal aid, as well as government bodies and non-profit organisations, this book generates insight into meaningful methods of what works and what doesn't work for self-represented parties, based on the real-life experiences of LiPs.

Litigants in Person in the Civil Justice System: In Their Own Words

Why do people represent themselves?What works and what doesn't for self-represented parties?And how can we improve Litigant in Person (LiP) experiences to make the civil justice system fairer?Based on in-depth interviews with individuals who have acted as Litigants in Person in the civil courts, the book provides the first full-length account of LiP experiences. The author shines a light on how much we don't know about LiPs, the civil justice system, and LiPs' place within it, as well as the kinds of things we ought to be doing to improve access to justice for unrepresented parties.Perfect for scholars of administrative justice, access to justice, court reform and legal aid, as well as government bodies and non-profit organisations, this book generates insight into meaningful methods of what works and what doesn't work for self-represented parties, based on the real-life experiences of LiPs.

The Constitution of South Korea: A Contextual Analysis (Constitutional Systems of the World)

The constitutional system of South Korea is a work in progress, and this volume fleshes out and makes intelligible to foreign readers that process within the specific political and historical context of modern South Korea.The current South Korean Constitution of 1987 is the culmination of decades-long efforts by the South Korean people to achieve democratic self-government. It is the fruition of untold sacrifices made by dedicated citizens who tirelessly fought to rein in the power of the government under some form of constitutional rule. In that sense, it should be understood against the backdrop of South Korea's experimentation with constitutionalism that began at the turn of the last century. Yet, it also represents a radical break, the beginning of a new era which ended a long political history of 'constitution without constitutionalism'. For the first time in the history of the South Korean nation, the constitution has become a living norm rather than an ornament, or a façade, for illegitimate or ineffectual governments. It has proven to be a binding law that matters not only for government leaders but also for private individuals. With the adoption, especially, of a system allowing the adjudication of constitutional issues at an independent court, the people have begun to realise that the constitution can be invoked to protect their rights and advance their interests. As a result, the South Korean Constitutional Court is being stretched to its limits with a great number of cases filed at its docket. This book is an insightful new addition to Hart's successful series, Constitutional Systems of the World.

The Constitution of South Korea: A Contextual Analysis (Constitutional Systems of the World)

The constitutional system of South Korea is a work in progress, and this volume fleshes out and makes intelligible to foreign readers that process within the specific political and historical context of modern South Korea.The current South Korean Constitution of 1987 is the culmination of decades-long efforts by the South Korean people to achieve democratic self-government. It is the fruition of untold sacrifices made by dedicated citizens who tirelessly fought to rein in the power of the government under some form of constitutional rule. In that sense, it should be understood against the backdrop of South Korea's experimentation with constitutionalism that began at the turn of the last century. Yet, it also represents a radical break, the beginning of a new era which ended a long political history of 'constitution without constitutionalism'. For the first time in the history of the South Korean nation, the constitution has become a living norm rather than an ornament, or a façade, for illegitimate or ineffectual governments. It has proven to be a binding law that matters not only for government leaders but also for private individuals. With the adoption, especially, of a system allowing the adjudication of constitutional issues at an independent court, the people have begun to realise that the constitution can be invoked to protect their rights and advance their interests. As a result, the South Korean Constitutional Court is being stretched to its limits with a great number of cases filed at its docket. This book is an insightful new addition to Hart's successful series, Constitutional Systems of the World.

On the Alternative Punishment to the Death Penalty in China

This book presents a study of alternative penalties to the death penalty in China, aiming to promote theoretical exploration of death penalty reform in China as well as long-term penal reform. Currently, China is endeavouring to control the use of the death penalty and is gradually moving towards its abolition. The factors influencing the choice of the punishment option to replace the death penalty are complex and varied and include the traditional punishment culture, penalty concepts, the political system, the punishment system, public opinion and human rights, etc. Given the differences between China and developed Western democratic states, when we examine these influencing factors, we cannot ignore the culture of the punishment and the special political and legislation system in China. In this light, this work examined and analysed the factors that influence the choice of punishment option to replace the death penalty in this special political system with its clearly Chinese characteristics. Criminal policy and public opinion are two significant and typical factors involving obvious political considerations in China. The former normally reflects and carries out the will of the Government as expressed to the national management; the latter responds to the majority of citizens’ view on the current legal system and it is, to a great extent, the basis for national leadership’s running of the country. Even though life imprisonment without release (hereinafter, LWOR) has been stipulated by the Ninth Amendment for the crime of corruption, it should not be the preferable option as the alternative sanction to the death penalty because it is a kind of cruel torture and violates the constitutional principle of human rights protection. On the contrary, life imprisonment with possibility of release (hereinafter, LWPR) would be an option, but the termination mechanisms for inmates should be set out in accordance with the principle of proportional justice; aggravatedlife imprisonment can be chosen to replace the death penalty in China. In addition, there needs to be improvements made to the relevant criminal systems. By examining China's death penalty reform and long-term imprisonment reform, this book not only explains the methodology of the reform theoretically, but also pays attention to the issues of legislation and judicial practice. This book is of interest to scholars and researchers in the fields of criminal justice, penal reform issues, and crime control in China.

Unforgivable?: Exploring the Limits of Forgiveness

Forgiveness is a lovely idea, wrote C. S. Lewis, and in recent decades it has been seen and admired in situations ranging from therapy to politics, and proposed as a constructive pathway in the aftermath of abuse and atrocity. Not everyone is impressed, however, and in parallel with praise and promotion of forgiveness, cries of 'unforgivable' are uttered with increased shrillness and frequency. In this hugely compelling, wide-ranging, and thought-provoking book, Stephen Cherry argues that while forgiveness can be transformative in the aftermath of harm, it can also, if not handled with care, become an additional pressure and anxiety for those who have been harmed. He teases out the way in which Christian understandings often lie behind pressure to forgive, identifying a number of typical mistakes with the Christian approach to forgiveness. Reflecting on many examples from real life as well as literature, and on the insights of psychologists and philosophers, Cherry uses the tension between the desire to forgive and the protest that a person is unforgivable to push towards understandings of forgiveness that avoid the harshness of binary models. Forgiveness is not, he insists, the only good way forward after harm. A positive understanding of non-vengeful unforgiveness is vital if the harmed are to be given the care and support they need and deserve, and if forgiveness itself is to be authentic and liberating. Cherry's challenging book brims with energy and blends human insight with intellectual vision. It argues that if forgiveness is to play a part in the aftermath of harm without inflicting further harm it must be presented in a non-idealized way and only following acknowledgement of the depth of the human impact of the harm done.

Crime, Justice And Discretion In England 1740-1820: (pdf)

The criminal law has often been seen as central to the rule of the 18th century landed elite in England. This book presents a detailed analysis of the judicial process - of victim's reactions, pretrial practices, policing, magistrates hearings, trials, sentencing, pardoning and punishment - using property offenders as its main focus. The period 1740-1820, the final era before the coming of the new police and the repeal of the capital code, emerges as the great age of discretionary justice, and the book explores the impact of the vast discretionary powers held by many social groups. It reassesses both the relationship betweeen crime rates and economic deprivation, and the many ways that vulnerability to prosecution varied widely across the lifecycle, in the light of the highly selective nature of pretrial negotiations. More centrally, by asking at every stage who used the law, for what purposes, in whose interests and with what effects, it opens up a number of new perspectives on the role of the law in eighteenth century social relations. The law emerges as the less the instrument of particular elite groups and more as an arena of struggle, of negotiation and of compromise. Its rituals were less controllable and its merciful moments less manageable and less exclusively available to the gentry elite than has been previously suggested. Justice was vulnerable to power but was also mobilised to constrain it. Despite the key functions that the propertied fulfilled, courtroom crowds, the counter-theatre of the condemned and the decisions of the victims from a very wide range of backgrounds had a role to play, and the criteria on which decisions were based were shaped as much by the broad and more humane discourse which Fielding called the "good mind" as by the instrumental needs of the propertied elites.

The Origins of Adversary Criminal Trial (Oxford Studies in Modern Legal History)

The lawyer-dominated adversary system of criminal trial, which now typifies practice in Anglo-American legal systems, developed in England in the eighteenth century. Using hitherto unexplored sources from London's Old Bailey Court, Professor Langbein shows how and why lawyers were able to capture the trial, and he supplies a path-breaking account of the formation of the law of criminal evidence.

The Origins Of Adversary Criminal Trial: (pdf) (Oxford Studies In Modern Legal History Ser.)

The adversary system of trial, the defining feature of the Anglo-American legal procedure, developed late in English legal history. For centuries defendants were forbidden to have legal counsel, and lawyers seldom appeared for the prosecution either. Trial was meant to be an occasion for the defendant to answer the charges in person. The transformation from lawyer-free to lawyer-dominated criminal trial happened within the space of about a century, from the 1690's to the 1780's. This book explains how the lawyers captured the trial. In addition to conventional legal sources, Professor Langbein draws upon a rich vein of contemporary pamphlet accounts about trials in London's Old Bailey. The book also mines these novel sources to provide the first detailed account of the formation of the law of criminal evidence. Responding to menacing prosecutorial initiatives (including reward-seeking thieftakers and crown witnesses induced to testify in order to save their own necks) the judges of the 1730's decided to allow the defendant to have counsel to cross-examine accusing witnesses. By restricting counsel to the work of examining and cross-examining witnesses, the judges intended that the accused would still need to respond in person to the charges against him. Professor Langbein shows how counsel manipulated the dynamics of adversary procedure to defeat the judges design, ultimately silencing the accused and transforming the very purpose of the criminal trial. Trial ceased to be an opportunity for the accused to speak, and instead became an occasion for defense counsel to test the prosecution case.

Professors of the Law: Barristers and English Legal Culture in the Eighteenth Century

What happened to the culture of common law and English barristers in the long eighteenth century? In this wide-ranging sequel to Gentlemen and Barristers: The Inns of Court and the English Bar, 1680-1730, David Lemmings not only anatomizes the barristers and their world; he also explores the popular reputation and self-image of the law and lawyers in the context of declining popular participation in litigation, increased parliamentary legislation, and the growth of the imperial state. He shows how the bar survived and prospered in a century of low recruitment and declining work, but failed to fulfil the expectations of an age of Enlightenment and Reform. By contrast with the important role played by the common law, and lawyers, in seventeenth-century England and in colonial America, it appears that the culture and services of the barristers became marginalized as the courts concentrated on elite clients, and parliament became the primary point of contact between government and population. In his conclusion the author suggests that the failure of the bar and the judiciary to follow Blackstones mid-century recommendations for reforming legal culture and delivering the Englishmans birthrights significantly assisted the growth of parliamentary absolutism in government.

Professors Of The Law: Barristers And English Legal Culture In The Eighteenth Century (pdf)

What happened to the culture of common law and English barristers in the long eighteenth century? In this wide-ranging sequel to Gentlemen and Barristers: The Inns of Court and the English Bar, 1680-1730, David Lemmings not only anatomizes the barristers and their world; he also explores the popular reputation and self-image of the law and lawyers in the context of declining popular participation in litigation, increased parliamentary legislation, and the growth of the imperial state. He shows how the bar survived and prospered in a century of low recruitment and declining work, but failed to fulfil the expectations of an age of Enlightenment and Reform. By contrast with the important role played by the common law, and lawyers, in seventeenth-century England and in colonial America, it appears that the culture and services of the barristers became marginalized as the courts concentrated on elite clients, and parliament became the primary point of contact between government and population. In his conclusion the author suggests that the failure of the bar and the judiciary to follow Blackstones mid-century recommendations for reforming legal culture and delivering the Englishmans birthrights significantly assisted the growth of parliamentary absolutism in government.