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Satow's Diplomatic Practice
First published in 1917, Satow's Diplomatic Practice has long been hailed as a classic and authoritative text. An indispensable guide for anyone working in or studying the field of diplomacy, this seventh, centenary edition builds on the extensive revision in the sixth edition. The volume provides an enlarged and updated section on the history of diplomacy, including the exponential growth in multilateral diplomacy, and revises comprehensively the practice of diplomacy and the corpus of diplomatic and international law since the end of the Cold War. It traces the substantial expansion in numbers both of sovereign states and international and regional organisations and features detailed chapters on diplomatic privileges and immunities, diplomatic missions, and consular matters, treaty-making and conferences. The volume also examines alternative forms of diplomacy, from the work of NGOs to the use of secret envoys, as well as a study of the interaction with intelligence agencies and commercial security firms. It also discusses the impact of international terrorism and other violent non-state actors on the life and work of a diplomat. Finally, in recognition of the speed of changes in the field over the last ten years, this seventh edition examines the developments and challenges of modern diplomacy through new chapters on human rights and public/digital diplomacy by experts in their respective fields.
Saving People from the Harm of Death (Population-Level Bioethics)
Death is something we mourn or fear as the worst thing that could happen--whether the deaths of close ones, the deaths of strangers in reported accidents or tragedies, or our own. And yet, being dead is something that no one can experience and live to describe. This simple truth raises a host of difficult philosophical questions about the negativity surrounding our sense of death, and how and for whom exactly it is harmful. The question of whether death is bad has occupied philosophers for centuries, and the debate emerging in philosophical literature is referred to as the "badness of death." Are deaths primarily negative for the survivors, or does death also affect the deceased? What are the differences between death in fetal life, just after birth, or in adolescence? In order to properly evaluate deaths in global health, we must find answers to these questions. In this volume, leading philosophers, medical doctors, and economists discuss different views on how to evaluate death and its relevance for health policy. This includes theories about the harm of death and its connections to population-level bioethics. For example, one of the standard views in global health is that newborn deaths are among the worst types of death, yet stillbirths are neglected. This raises difficult questions about why birth is so significant, and several of the book's authors challenge this standard view. This is the first volume to connect philosophical discussions on the harm of death with discussions on population health, adjusting the ways in which death is evaluated. Changing these evaluations has consequences for how we prioritize different health programs that affect individuals at different ages, as well as how we understand inequality in health.
Scales of Governance and Indigenous Peoples' Rights: New Rights or Same Old Wrongs? (Indigenous Peoples and the Law)
This book takes an interdisciplinary approach to the complicated power relations surrounding the recognition and implementation of Indigenous Peoples’ rights at multiple scales. The adoption of the United Nations Declaration on the Rights of Indigenous Peoples in 2007 was heralded as the beginning of a new era for Indigenous Peoples’ participation in global governance bodies, as well as for the realization of their rights – in particular, the right to self-determination. These rights are defined and agreed upon internationally, but must be enacted at regional, national, and local scales. Can the global movement to promote Indigenous Peoples’ rights change the experience of communities at the local level? Or are the concepts that it mobilizes, around rights and political tools, essentially a discourse circulating internationally, relatively disconnected from practical situations? Are the categories and processes associated with Indigenous Peoples simply an extension of colonial categories and processes, or do they challenge existing norms and structures? This collection draws together the works of anthropologists, political scientists, and legal scholars to address such questions. Examining the legal, historical, political, economic, and cultural dimensions of the Indigenous Peoples' rights movement, at global, regional, national, and local levels, the chapters present a series of case studies that reveal the complex power relations that inform the ongoing struggles of Indigenous Peoples to secure their human rights. The book will be of interest to social scientists and legal scholars studying Indigenous Peoples’ rights, and international human rights movements in general.
Sceptical Perspectives on the Changing Constitution of the United Kingdom
This book examines the far-reaching changes made to the constitution in the United Kingdom in recent decades. It considers the way these reforms have fragmented power, once held centrally through the Crown-in-Parliament, by means of devolution, referendums, and judicial reform. It examines the reshaping of the balance of power between the executive, legislature, and the way that prerogative powers have been curtailed by statute and judicial ruling. It focuses on the Human Rights Act and the creation of the UK Supreme Court, which emboldened the judiciary to limit executive action and even to challenge Parliament, and argues that many of these symbolised an attempt to shift the 'political' constitution to a 'legal' one.Many virtues have been ascribed to these reforms. To the extent that criticism exists, it is often to argue that these reforms do not go far enough. An elected upper chamber, regional English parliaments, further electoral reform, and a codified constitution are common tonics prescribed by commentators from this point of view. This volume adopts a different approach. It provides a critical evaluation of these far-reaching reforms, drawing from the expertise of highly respected academics and experienced political figures from both the left and right. The book is an invaluable source of academic expertise and practical insights for the interested public, students, policymakers, and journalists, who too often are only exposed to the 'further reform' position.
Scholars of Contract Law
This book provides a counter-balance to the traditional focus on judicial decisions by exploring the contribution of legal scholars to the development of private law.In the book the work of a selection of leading scholars of contract law from across the common law world, ranging from Sir Jeffrey Gilbert (1674–1726) to Professor Brian Coote (1929–2019), is addressed by legal historians and current scholars in the field. The focus is on the nature of the work produced by the scholars in question, important influences on their work, and the impact which that work in turn had on thinking about contract law. The book also includes an introductory chapter and an afterword by Professor William Twining that explore connections between the scholars and recurrent themes.The process of subjecting contract law scholarship to sustained analysis provides new insights into the intellectual development of contract law and reveals the central role played by scholars in that process. And by focusing attention on the work of influential contract scholars, the book serves to emphasise the importance of legal scholarship to the development of the common law more generally.
Scholars of Tort Law
The publication of Scholars of Tort Law marks the beginning of a long overdue rebalancing of private law scholarship. Instead of concentrating on judicial decisions and academic commentary only for what that commentary says about judicial decisions, the book explores the contributions of scholars of tort law in their own right. The work of a selection of leading scholars of tort law from across the common law world, ranging from Thomas Cooley (1824–1898) to Patrick Atiyah (1931–2018), is addressed by eminent current scholars in the field. The focus of the contributions is on the nature of the work produced by each of the scholars in question, important influences on their work, and the influence which that work in turn had on thinking about tort law. The process of subjecting tort law scholarship to sustained analysis provides new insights into the intellectual development of tort law and reveals the important role played by scholars in that development. By focusing on the work of influential tort scholars, the book serves to emphasise the importance of legal scholarship to the development of the common law more generally.
Scottish Feminist Judgments: (Re)Creating Law from the Outside In
An innovative collaboration between academics, practitioners, activists and artists, this timely and provocative book rewrites 16 significant Scots law cases, spanning a range of substantive topics, from a feminist perspective. Exposing power, politics and partiality, feminist judges provide alternative accounts that bring gender equity concerns to the fore, whilst remaining bound by the facts and legal authorities encountered by the original court.Paying particular attention to Scotland's distinctive national identity, fluctuating experiences of political sovereignty, and unique legal traditions and institutions, this book contributes in a distinctive register to the emerging dialogue amongst feminist judgment projects across the globe. Its judgments address concerns not only about gender equality, but also about the interplay between gender, class, national identity and citizenship in contemporary Scotland. The book also showcases unique contributions from leading artists which, provoked by the enterprise of feminist judging, or by individual cases, offer a visceral and affective engagement with the legal. The book will be of interest to academics, practitioners and students of Scots law, policy-makers, as well as to scholars of feminist and critical theory, and law and gender, internationally.
The Scottish Independence Referendum: Constitutional and Political Implications
The September 2014 Scottish independence referendum was an event of profound constitutional and political significance, not only for Scotland, but for the UK as a whole. Although Scottish voters chose to remain in the UK, the experience of the referendum and the subsequent political reaction to the 'No' vote that triggered significant reforms to the devolution settlement have fundamentally altered Scotland's position within the Union. The extraordinary success of the Scottish National Party at the 2015 General Election also indicates that the territorial dimension to UK constitutional politics is more prominent than ever, destabilising key assumptions about the location and exercise of constitutional authority within the UK. The political and constitutional implications of the referendum are still unfolding, and it is by no means certain that the Union will survive. Providing a systematic and academic analysis of the referendum and its aftermath, this interdisciplinary edited collection brings together public lawyers, political scientists, economists, and historians in an effort to look both backwards to, and forwards from, the referendum. The chapters evaluate the historical events leading up to the referendum, the referendum process, and the key issues arising from the referendum debate. They also explore the implications of the referendum both for the future governance of Scotland and for the UK's territorial constitution, drawing on comparative experience in order to understand how the constitution may evolve, and how the independence debate may play out in future.
Screen Stories and Moral Understanding: Interdisciplinary Perspectives
The stories we tell and show, in whatever medium, play varied roles in human cultures. One such role is to contribute to moral understanding. Moral understanding goes beyond moral knowledge; it is a complex cognitive achievement that may consist of one or more of the following: the ability to understand why, to ask the right questions, categorization, the application of models to specific incidents, or the capacity to make connections between morally charged situations that have a common underlying meaning. While the disciplines of communication, psychology, philosophy, and film and media studies have all made significant scholarly progress on this issue, they make different grounding assumptions and use different terminologies. Screen Stories and Moral Understanding approaches the topic from an interdisciplinary perspective and explores the conditions under which stories we view on screens-movies, streamed series, and television-can lead to moral understanding in viewers. In five sections, this book explores the nature of moral understanding in relation to screen stories, the means by which moving image fictions can transfer knowledge to and cultivate perspectives in viewers, the role of affect in generating moral understanding, the viewer's engagement with characters, and what we do with screen stories after viewing them.
Secondary Rules of Primary Importance in International Law: Attribution, Causality, Evidence, and Standards of Review in the Practice of International Courts and Tribunals (European Society of International Law)
The focus of this edited volume is the often-overlooked importance of secondary rules of international law. Secondary rules of international law-such as attribution, causality, and the standard and burden of proof-have often been neglected in scholarly literature and have seen fragmented application in international legal practice. Yet the systemic nature of international law entails that coherent and consistent application of such rules is a key element in reinforcing the legitimacy of decisions of international courts and tribunals. Accelerated development of international law and international litigation, coupled with the fragmented nature of the adjudicatory terrain calls for theoretical scrutiny and systemic analysis of the developments in the judicial treatment of secondary rules. This publication makes three important contributions to the study of secondary rules. First, it offers a comprehensive, expert doctrinal analysis of how standard of review, causation, evidentiary rules, and attribution operate in the case law of international courts or tribunals in fields spanning human rights, trade, investment, and humanitarian law. Second, it comparatively evaluates the divergent layers of meanings and normative expectations attached to secondary rules in international law scholarship as well as in the judicial practice of international courts and tribunals. Finally, the book investigates the role that secondary rules play in the development of the primary rules in international law and for the legitimacy of the decisions of international courts and tribunals. Earlier scholarly works have not problematized the role of secondary rules of international law in adjudication thoroughly. Secondary Rules of Primary Importance in International Law seeks to fill this gap by emphasizing the consequential nature of these secondary rules and argues that the outcome of litigation is fundamentally shaped by the exact standard of proof, standard of review, or attribution basis that is chosen by adjudicators. As such, the book offers an important resource for the study and practice of international law against the backdrop of the wide-ranging and fragmented nature of international adjudication.
Secured Transactions Law in Asia: Principles, Perspectives and Reform
This collection of essays offers a unique insight and overview of the secured transactions law in many of the most important countries in Asia, as well as reflections on the need for, benefits of and challenges for reform in this area of the law. The book provides a mixture of general reflections on the history, successes and challenges of secured transaction law reform, and critical discussion of the law in a number of Asian countries. In some of the countries, the law has already been reformed, or reform is under way, and here the reforms are considered critically, with recommendations for future work. In other countries, the law is not yet reformed, and the existing law is analysed so as to determine what reform is desirable, and whether it is likely to take place.First, this book will enable those engaging with the law in Asia to understand better the contours of the law in both civil and common law jurisdictions. Second, it provides analytical insights into why secured transactions law reform happens or does not happen, the different methods by which reform takes place, the benefits of reform and the difficulties that need to be overcome for successful reform. Third, it discusses the need for reform where none has yet taken place and critically assesses the reforms which have already been enacted or are being considered. In addition to providing a forum for discussion in relation to the countries in question, this book is also a timely contribution to the wider debate on secured transactions law reform which is taking place around the world.
Security Sector Reform in Constitutional Transitions
Security sector reform (SSR) is central to the democratic transitions currently unfolding across the globe, as a diverse range of countries grapple with how to transform militias, tribal forces, and dominant military, police, and intelligence agencies into democratically controlled and accountable security services. SSR will be a key element in shifts from authoritarian to democratic rule for the foreseeable future, since abuse of the security sector is a central technique of autocratic government. This edited collection advances solutions through a selection of case studies from around the world that cover a wide range of contexts.
Selecting Europe's Judges: A Critical Review of the Appointment Procedures to the European Courts
The past decade has witnessed change in the ways judges for the Court of Justice of the European Union and the European Court of Human Rights are selected. The leitmotif has been securing greater professional quality of the judicial candidates, and, for this purpose, both European systems have put in place various advisory panels or selection committees that are called to evaluate the aptitude of the candidates put forward by the national governments. Are these institutional reforms successful in guaranteeing greater quality of the judicial candidates? Do they increase the legitimacy of the European courts? Has the creation of these advisory panels in any way altered the institutional balance, either horizontally within the international organisations, or vertically, between the respective organisation and its Member States? Above all, has the spree of 'judicial comitology' as currently practised a good way for selecting Europe's judges? These and a number of other questions are addressed in this topical volume in a comparative and interdisciplinary prospective. The book is structured into two elements: first, how the operation of the new selection mechanisms is captured and analyzed from different vantage points, and secondly, having mapped the ground, the book critically and comparatively engages with selected common themes, examining the new mechanisms with respect to values and principles such as democracy, judicial independence, transparency, representativeness, and legitimacy.
The Self, Civic Virtue, and Public Life: Interdisciplinary Perspectives (Routledge Studies in Ethics and Moral Theory)
This volume showcases new and interesting ways in which the possession of civic virtues can contribute to people’s abilities to engage in public life in meaningful ways.What is the role of civic virtues in public life? How does possessing civic virtues affect persons and their capacities for participation in the public order? The chapters in this volume combine philosophical and empirically informed work to show how civic virtues can be informed by larger virtue ethical perspectives. The first two chapters discuss virtues of individuals that have not received significant empirical attention—authenticity and wisdom and psychological resilience. The next two chapters address education and the ways in which civic virtues can help us to better serve schoolchildren who are socially and economically disadvantaged, as well as to broaden students’ horizons with respect to character and sustainability education. The final four chapters explore the roles for virtues within various political and public realms. They offer perspectives on how virtues affect contentious politics in democratic societies, and study virtues in contexts in which democracy has been stifled or torn apart by war. Together, the chapters highlight the ever-widening impact of the virtues on our lives and in society.The Self, Civic Virtue, and Public Life will be of interest to scholars and graduate students working in ethics, political philosophy, psychology, and philosophy of education.The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 International license.
Self-Determination and Secession in International Law
Peoples and minorities in many parts of the world assert a right to self-determination, autonomy, and even secession from a state, which naturally conflicts with that state's sovereignty and territorial integrity. The right of a people to self-determination and secession has existed as a concept within international law since the American Declaration of Independence in 1776, but the exact definition of these concepts, and the conditions required for their application, remain unclear. The Advisory Opinion of the International Court of Justice concerning the Declaration of Independency of Kosovo (2010), which held that the Kosovo declaration of independence was not in violation of international law, has only led to further questions. This book takes four conflicts in the post-Soviet Commonwealth of Independent States (CIS) as a starting point for examining the current state of the law of self-determination and secession. Four entities, Transnistria (Moldova), South Ossetia, Abkhazia (both Georgia), and Nagorno-Karabakh (Azerbaijan), claim to be entitled not only to self-determination but also to secession from their mother state. For this entitlement they rely on historic affiliations, and on charges of discrimination and massive human rights violations committed by their mother state. This book sets out its analysis of these critical issue in three parts, providing a detailed understanding of the principles of international law on which they rely: The first part sets out the contours and meaning of self-determination and secession, including an overall assessment of secession within the Commonwealth of Independent States. The second section provides case studies investigating the events in Transnistria, South Ossetia, Abkhazia, and Nagorno-Karabach in greater detail. The third and final section extends the scope of the examination, providing a comparative analysis of similar conflicts involving questions of self-determination and secession in Kosovo, Western Sahara, and Eritrea.
Self-Knowledge: A History (Oxford Philosophical Concepts)
The acquisition of self-knowledge is often described as one of the main goals of philosophical inquiry. At the same time, some sort of self-knowledge is often regarded as a necessary condition of our being a human agent or human subject. Thus self-knowledge is taken to constitute both the beginning and the end of humans' search for wisdom, and as such it is intricately bound up with the very idea of philosophy. Not surprisingly therefore, the Delphic injunction 'Know thyself' has fascinated philosophers of different times, backgrounds, and tempers. But how can we make sense of this imperative? What is self-knowledge and how is it achieved? What are the structural features that distinguish self-knowledge from other types of knowledge? What role do external, second- and third-personal, sources of knowledge play in the acquisition of self-knowledge? How can we account for the moral impact ascribed to self-knowledge? Is it just a form of anthropological knowledge that allows agents to act in accordance with their aims? Or, does self-knowledge ultimately ennoble the self of the subjects having it? Finally, is self-knowledge, or its completion, a goal that may be reached at all? The book addresses these questions in fifteen chapters covering approaches of many philosophers from Plato and Aristotle to Edmund Husserl or Elisabeth Anscombe. The short reflections inserted between the chapters show that the search for self-knowledge is an important theme in literature, poetry, painting and self-portraiture from Homer.
Senizid: Interdisziplinäre Perspektiven
Dieser Band versammelt interdisziplinäre Beiträge zum Thema Altentötung, Opfertod und Alterssuizid. Forschungen aus den Bereichen der Religion, der Geschichte, der Ethnologie und der Literatur bieten einen umfassenden und systematischen Blick auf das Thema. Hinzu kommt ein aktueller Beitrag zur Bedeutung des Senizids in der Corona-Pandemie.
Sentencing and Artificial Intelligence (Studies in Penal Theory and Philosophy)
The first collective work devoted exclusively to the ethical and penal theoretical considerations of the use of artificial intelligence at sentencing Is it morally acceptable to use artificial intelligence (AI) in the determination of sentences on those who have broken the law? If so, how should such algorithms be used--and what are the consequences? Jesper Ryberg and Julian V. Roberts bring together leading experts to answer these questions. Sentencing and Artificial Intelligence investigates to what extent, and under which conditions, justice and the social good may be promoted by allocating parts of the most important task of the criminal court--that of determining legal punishment--to computerized sentencing algorithms. The introduction of an AI-based sentencing system could save significant resources and increase consistency across jurisdictions. But it could also reproduce historical biases, decrease transparency in decision-making, and undermine trust in the justice system. Dealing with a wide-range of pertinent issues including the transparency of algorithmic-based decision-making, the fairness and morality of algorithmic sentencing decisions, and potential discrimination as a result of these practices, this volume offers avaluable insight on the future of sentencing.
Sentencing Multiple Crimes (Studies in Penal Theory and Philosophy)
Most people assume that criminal offenders have only been convicted of a single crime. However, in reality almost half of offenders stand to be sentenced for more than one crime. The high proportion of multiple crime offenders poses a number of practical and theoretical challenges for the criminal justice system. For instance, how should courts punish multiple offenders relative to individuals who have been sentenced for a single crime? How should they be punished relative to each other? Sentencing Multiple Crimes discusses these questions from the perspective of several legal theories. This volume considers questions such as the proportionality of the crimes committed, the temporal span between the crimes, and the relationship between theories about the punitive treatment of recidivists and multiple offenders. Contributors from around the world and in the fields of legal theory, philosophy, and psychology offer their perspectives to the volume. A comprehensive examination of the dynamics involved with sentencing multiple offenders has the potential to be a powerful tool for legal scholars and professionals, particularly given the practical importance of the topic and the relative dearth of research about punishment of multiple offense cases.
Sentencing the Self-Convicted: The Ethics of Pleading Guilty
This book addresses the fundamental ethical and legal aspects, penal consequences, and social context arising from a citizen's acceptance of guilt. The focus is upon sentencing people who have pleaded guilty; in short, post-adjudication, rather than issues arising from discussions in the pretrial phase of the criminal process. The vast majority of defendants across all common law jurisdictions plead guilty and as a result receive a reduced sentence. Concessions by a defendant attract more lenient State punishment in all western legal systems. The concession is significant: At a stroke, a guilty plea relieves the State of the burden of proving the defendant's guilt beyond a reasonable doubt, and in open court. Plea-based sentencing has become even more visible in recent years.The book provides insightful commentary on the following questions: - If an individual voluntarily accepts guilt, should the State receive this plea without further investigation or any disinterested adjudication?- Is it ethically acceptable to allow suspects and defendants, to self-convict in this manner, without independent confirmation and evidence to support a conviction? - If it is acceptable, what is the appropriate State response to such offenders?- If the defendant is detained pretrial, the ability to secure release in return for a plea may be particularly enticing. Might it be too enticing, resulting in wrongful convictions?
Sepúlveda on the Spanish Invasion of the Americas: Defending Empire, Debating Las Casas (The History and Theory of International Law)
This volume presents the first full English translation of four key texts from the dispute between Juan Ginés de Sepúlveda and Bartolomé de las Casas regarding the justice of Spain's invasion of the Americas, culminating in their famous debate in Valladolid in 1550-51. An impassioned defence of the invasion, Sepúlveda's Democrates secundus (composed around 1544) amplified the controversy within Spain about the justice of its activities in the Americas. When Las Casas schemed to block publication of Sepúlveda's manuscript, Sepúlveda wrote an Apologia (1550) in its defence. Tensions were so high that Emperor Charles V called a temporary halt to undertakings in the Americas and convoked a meeting of theologians and jurists in Valladolid to address the matter. Here, Sepúlveda and Las Casas debated bitterly. Las Casas subsequently printed a composite record of the Valladolid deliberations (Aquí se contiene una disputa o controversia, 1552). Sepúlveda retaliated by penning a furious response (Proposiciones temerarias y de mala doctrina, around 1553-54) and strove to have Las Casas' text banned by the Inquisition. The debate between Sepúlveda and Las Casas was a pivotal moment in the history of international legal thought. They argued over fundamental matters of empire and colonial rule; natural law and cultural difference; the jurisdiction of the Church, responsibilities of Christian rulers, and rights of infidel peoples; the just reasons for war and grounds for resistance; and the right to punish idolatry, protect innocents from tyranny, and subjugate unbelievers for the purpose of spreading the Christian faith. With a detailed scholarly introduction that elucidates the complex story of these four controversial texts and reflects on the impacts of Sepúlveda's ideas, which continue to be felt in the theories and practices of war today, this book is a must-read for all those interested in the fields of history, political science, international relations, and colonial studies.
Set-Off Law and Practice: An International Handbook
The third edition of this invaluable guide covers the application and practice of the law of set-off in over 30 jurisdictions spanning Europe, Asia and the Americas. Written by leading experts from around the word, each chapter explains the principles of the law of set-off in the jurisdiction concerned, and provides a comparative guide for banking and finance lawyers wishing to establish the pitfalls of set-off in a foreign jurisdiction For this new edition every chapter has been updated to contain new material specifically devoted to cross border aspects, including analysis of choice of law issues.. Fully updated legal analysis is also provided, with an emphasis on how set-off may be used as security and the application of insolvency set-off: taking into account new legal developments in the various jurisdictions and reflecting recent changes to legislation in the financial sector relating to bank and other financial firm resolution.
The Settlement of International Disputes: Basic Documents (Documents in International Law)
The second edition of this book provides students, scholars, and practitioners of international law with easy access to the key primary sources in international dispute settlement, allowing users to focus on engaging with the primary material, rather than trying to source it. The text has been expanded and updated to reflect developments in this rapidly changing field. It includes dispute settlement provisions of treaties adopted since the first edition (such as the Paris Agreement on Climate Change and the WTO Multi-Party Interim Appeal Arbitration Agreement) and takes stock of changes affecting proceedings before investment tribunals, the European Court of Human Rights, and the International Court of Justice. A new subject index improves navigation.
Sex Offenders: Identification, Risk Assessment, Treatment, and Legal Issues
Sex Offenders, 2nd Edition, offers the most up-to-date research involving the treatment and management of paraphilic and non-paraphilic sex offenders with and without comorbid mental illness or intellectual disability. Providing in-depth coverage on issues related to identification, risk assessment and management, treatment, and legal solutions, this volume seeks to ensure public safety while at the same time maintaining medical integrity and respect for due process. The Second Edition newly addresses LGBTQ issues as well as new categories of risk potentially unaddressed by changing sex offender registry laws. Bringing together the foremost international and interdisciplinary authors and perspectives on the topics, this book is intended for psychiatrists, clinical psychologists, and researchers who work with sex offenders, as well as attorneys, members of the judiciary, and policymakers.
Sexual Assault: Law Reform in a Comparative Perspective
Sexual assault law has been undergoing significant shifts around the world. Traditional criminal laws against sexual assault had a narrow scope: they targeted rape as coerced sexual intercourse, and they defined coercion as physical violence or threats with physical violence. Modern offense descriptions are tracing a change in the logic and structure of criminal laws against sexual assault from the offenders' violence to the victims' lack of consent as the key feature of criminal wrongdoing. However, there are clear and marked differences regarding the offence descriptions in substantive criminal laws in various jurisdictions. Sexual Assault: Law Reform in a Comparative Perspective provides an overview of the debates surrounding the concept and definition of sexual consent, comparing the context and content of law reform in six countries: Canada, England and Wales, Germany, Sweden, the U.S. (concentrating on the American Law Institute's Model Penal Code), and Spain. Leading scholars in the field also analyse the normative questions that arise once the notion of consent gains centre stage. The overall purpose is to assess whether the new generation of criminal prohibitions reflect coherent and convincing concepts of sexual autonomy and consent, and what could be considered the best models for future law reform.