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Civilian Oversight of Police: Advancing Accountability in Law Enforcement (Advances in Police Theory and Practice)
by Tim Prenzler Garth Den HeyerExploring the complex and controversial topic of civilian oversight of police, this book analyzes the issues and debates entailed by civilian oversight by using worldwide perspectives, in-depth case studies, and a wealth of survey data. It integrates and summarizes decades of research from many locations around the globe to present a best practices model for managing police conduct. It also describes the impact of oversight agencies on police policy, including innovative means by which agencies can work with police departments to improve police conduct.
Civilian Oversight of Police: Advancing Accountability in Law Enforcement (Advances in Police Theory and Practice)
by Tim Prenzler Garth Den HeyerExploring the complex and controversial topic of civilian oversight of police, this book analyzes the issues and debates entailed by civilian oversight by using worldwide perspectives, in-depth case studies, and a wealth of survey data. It integrates and summarizes decades of research from many locations around the globe to present a best practices model for managing police conduct. It also describes the impact of oversight agencies on police policy, including innovative means by which agencies can work with police departments to improve police conduct.
Civilian Oversight of Policing: Governance, Democracy and Human Rights
by Andrew Goldsmith Colleen LewisHow the police are policed is no longer just a domestic issue. The involvement of police,and other security forces, in systematic abuses of human rights in many developing countries, as well as in so called developed countries, has placed the control of police on a number of international agendas. More and more countries are experimenting with different forms of police accountability and many are turning to civilian oversight bodies in an attempt to improve the process.This book examines recent experiences with, and prospects for, civilian oversight. It looks at how this relatively new method of police accountability has been interpreted and implemented in a wide range of jurisdictions around the world. While looking at recent experiences in countries which have used the civilian oversight process for some years (the United States of America, United Kingdom, Northern Ireland and Australia), it also looks at recent attempts to establish civilian oversight bodies in South Africa, Israel, Central and South America and Palestine. Some chapters explain how, in several of these countries, oversight of police conduct is a fundamental governance issues, and relates to concerns about democratisation and rebuilding civil society. Other chapters deal with the complex issue of how to evaluate public complaints mechanisms and the political conditions that enable or frustrate the introduction and maintenance of effective civilian oversight.
Civility, Barbarism and the Evolution of International Humanitarian Law: Who do the Laws of War Protect?
by Matt Killingsworth Tim McCormackEfforts to moderate conflict are as old as conflict itself. Throughout the ages, restraint in warfare has been informed by religious and ethical considerations, chivalry and class, and, increasingly since the mid-19th century, a body of customary and treaty law variously referred to as the laws of war, the law of armed conflict (LOAC) or international humanitarian law (IHL). As they evolved from the mid-19th century, these laws were increasingly underpinned by humanitarianism, then in the mid-20th century, were assumed to be universal. But violations of these restraints are also as old as conflict itself. The history of conflict is replete with examples of exclusions from protections designed to moderate warfare. This edited volume explores the degree to which protections in modern warfare might be informed by notions of 'civility' and 'barbarism', or, to put it another way, asks if only those deemed to be civilised are afforded protections prescribed by the laws of war?
Civilizational Discourses in Weapons Control
by Ritu MathurThis book seeks to decolonize practices of arms control and disarmament. In this endeavor it seeks to problematize our understanding of time and civilization as rhetorical resources. The need for such an undertaking can be premised on the claim that while problems of modernity, ethnocentrism and universalism are now a central concern within the field of international relations, these ideas are scarcely debated or contested within the field of arms control and disarmament. The singular focus on technological innovations and specific policy-oriented agreements in practices of arms control and disarmament appears to stymie the need for such engagements. This book is an invitation to explore intersecting discourses on colonialism, racialism, nationalism and humanitarianism within a historically grounded terrain of weapons control. An understanding of these practices is vital not to prescribe any standards of civilization or exceptionalism in weapons control but to be cognizant through critique of the dangers embedded in any effort at reconstellating the constitutional nuclear order.
Civilizational Identity: The Production and Reproduction of 'Civilizations' in International Relations (Culture and Religion in International Relations)
by M. Hall P. JacksonThis volume focuses on the constitutive politics of civilizational identity, examining the practices through which notions of civilizational identity are produced and reproduced in different contexts, including the global credit regime, modernity debates, and the "war on terrorism".
Claim of Innocence (An Izzy McNeil Novel #4)
by Laura CaldwellForbidden relationships are the most tempting. And the most dangerous. It was a crime of passion–or so the police say. Valerie Solara has been charged with poisoning her best friend. The prosecution claims she's always been secretly attracted to Amanda's husband…and with Amanda gone, she planned to make her move.
Claiming a Promised Inheritance: A Comparative Study
by Alexandra BraunClaiming a Promised Inheritance examines those cases where a person is promised a future inheritance and, having acted on it, later discovers that the promise is unfulfilled. The book structures its analysis and argument around the stories of disappointed promisees and their unfulfilled expectations of a future inheritance, and how they might seek redress. It maps and compares the various, and often very diverse range of legal responses that a promisee can avail herself of across different legal areas of the law (ranging from contract law to property law, employment law, unjust and unjustified enrichment law, and succession law) and in both common and civil law traditions. Braun asks how these responses protect the interests of promisees and whether they are sensitive to the context in which such promises are expressed. In doing so, the focus rests on the level of protection the various forms of redress grant, their scope, and the challenges promisees face when brining a claim, but also on the values and interests that are at stake when granting relief. This book argues that due to the social and legal context within which promises of a future inheritance are normally made, promisees are usually in a vulnerable position that can easily by exploited. It further argues that the law is usually more acutely attuned to the risks that the promisor incurs and that greater attention should be paid to the challenges promisees face. Claiming a Promised Inheritance thus complements the traditional viewpoint by bringing into focus the (too often ignored) perspective of promisees.
Claiming a Promised Inheritance: A Comparative Study
by Alexandra BraunClaiming a Promised Inheritance examines those cases where a person is promised a future inheritance and, having acted on it, later discovers that the promise is unfulfilled. The book structures its analysis and argument around the stories of disappointed promisees and their unfulfilled expectations of a future inheritance, and how they might seek redress. It maps and compares the various, and often very diverse range of legal responses that a promisee can avail herself of across different legal areas of the law (ranging from contract law to property law, employment law, unjust and unjustified enrichment law, and succession law) and in both common and civil law traditions. Braun asks how these responses protect the interests of promisees and whether they are sensitive to the context in which such promises are expressed. In doing so, the focus rests on the level of protection the various forms of redress grant, their scope, and the challenges promisees face when brining a claim, but also on the values and interests that are at stake when granting relief. This book argues that due to the social and legal context within which promises of a future inheritance are normally made, promisees are usually in a vulnerable position that can easily by exploited. It further argues that the law is usually more acutely attuned to the risks that the promisor incurs and that greater attention should be paid to the challenges promisees face. Claiming a Promised Inheritance thus complements the traditional viewpoint by bringing into focus the (too often ignored) perspective of promisees.
Claiming Turtle Mountain's Constitution: The History, Legacy, and Future of a Tribal Nation's Founding Documents
by Keith RichotteIn an auditorium in Belcourt, North Dakota, on a chilly October day in 1932, Robert Bruce and his fellow tribal citizens held the political fate of the Turtle Mountain Band of Chippewa Indians in their hands. Bruce, and the others, had been asked to adopt a tribal constitution, but he was unhappy with the document, as it limited tribal governmental authority. However, white authorities told the tribal nation that the proposed constitution was a necessary step in bringing a lawsuit against the federal government over a long-standing land dispute. Bruce's choice, and the choice of his fellow citizens, has shaped tribal governance on the reservation ever since that fateful day.In this book, Keith Richotte Jr. offers a critical examination of one tribal nation's decision to adopt a constitution. By asking why the citizens of Turtle Mountain voted to adopt the document despite perceived flaws, he confronts assumptions about how tribal constitutions came to be, reexamines the status of tribal governments in the present, and offers a fresh set of questions as we look to the future of governance in Native America and beyond.
Claims for Secession and Federalism: A Comparative Study with a Special Focus on Spain
by Alberto López-Basaguren Leire Escajedo San-EpifanioThis volume, incorporating the work of scholars from various parts of the globe, taps the wisdom of the Westphalian (and post-Westphalian) world on the use of federalism and secession as tools for managing regional conflicts. The debate has rarely been more important than it is right now, especially in light of recent events in Catalonia, Scotland, Québec and the Sudan - all unique political contexts raising similar questions about how best to balance competing claims for autonomy, interdependence, political voice, and exit. Exploring how various nations have encountered comparable conflicts, some more and some less successfully, the book broadens the perspectives of scholars, government officials, and citizens struggling to resolve sovereignty conflicts with a full appreciation of the underlying principles they represent.
Claims to Traceable Proceeds: Law, Equity, and the Control of Assets
by Aruna NairIn this new book, Aruna Nair sets out her arguments for a re-evaluation of the law of tracing. A new model of the law of tracing is proposed and the book demonstrates how current problems can be solved using this new model. The rules of tracing are not shown not to be pure rules of evidence, aimed at resolving factual uncertainties; rather, they are explained as substantive rules of law, delineating the scope of a defendant's legal responsibility to a claimant. The book draws out the practical implications of this theoretical model, showing how a focus on defendant autonomy and claimant vulnerability can both explain the current state of English law and provide a critical perspective on potential future developments. The first part of the book considers the nature of tracing, providing an overview of the analytical and doctrinal questions raised by the current law, re-framing the dominant 'value' account of tracing, and proposing a new model which can solve problems in the current law. The second part of the book focusses on circumstances in which the tracing remedy is available to a claimant, demonstrating the practical application of such claims to specific problems.
Claims to Traceable Proceeds: Law, Equity, and the Control of Assets
by Aruna NairIn this new book, Aruna Nair sets out her arguments for a re-evaluation of the law of tracing. A new model of the law of tracing is proposed and the book demonstrates how current problems can be solved using this new model. The rules of tracing are not shown not to be pure rules of evidence, aimed at resolving factual uncertainties; rather, they are explained as substantive rules of law, delineating the scope of a defendant's legal responsibility to a claimant. The book draws out the practical implications of this theoretical model, showing how a focus on defendant autonomy and claimant vulnerability can both explain the current state of English law and provide a critical perspective on potential future developments. The first part of the book considers the nature of tracing, providing an overview of the analytical and doctrinal questions raised by the current law, re-framing the dominant 'value' account of tracing, and proposing a new model which can solve problems in the current law. The second part of the book focusses on circumstances in which the tracing remedy is available to a claimant, demonstrating the practical application of such claims to specific problems.
The Clamor of Lawyers: The American Revolution and Crisis in the Legal Profession
by Peter Charles Hoffer Williamjames Hull HofferThe Clamor of Lawyers explores a series of extended public pronouncements that British North American colonial lawyers crafted between 1761 and 1776. Most, though not all, were composed outside of the courtroom and detached from on-going litigation. While they have been studied as political theory, these writings and speeches are rarely viewed as the work of active lawyers, despite the fact that key protagonists in the story of American independence were members of the bar with extensive practices. The American Revolution was, in fact, a lawyers’ revolution.Peter Charles Hoffer and Williamjames Hull Hoffer broaden our understanding of the role that lawyers played in framing and resolving the British imperial crisis. The revolutionary lawyers, including John Adams’s idol James Otis, Jr., Pennsylvania’s John Dickinson, and Virginians Thomas Jefferson and Patrick Henry, along with Adams and others, deployed the skills of their profession to further the public welfare in challenging times. They were the framers of the American Revolution and the governments that followed. Loyalist lawyers and lawyers for the crown also participated in this public discourse, but because they lost out in the end, their arguments are often slighted or ignored in popular accounts. This division within the colonial legal profession is central to understanding the American Republic that resulted from the Revolution.
Clamouring for Legal Protection: What the Great Books Teach Us About People Fleeing from Persecution
by Robert F BarskyIn this novel approach to law and literature, Robert Barsky delves into the canon of so-called Great Books, and discovers that many beloved characters therein encounter obstacles similar to those faced by contemporary refugees and undocumented persons. The struggles of Odysseus, Moses, Aeneas, Dante, Satan, Dracula and Alice in Wonderland, among many others, provide surprising insights into current discussions about those who have left untenable situations in their home countries in search of legal protection. Law students, lawyers, social scientists, literary scholars and general readers who are interested in learning about international refugee law and immigration regulations in home and host countries will find herein a plethora of details about border crossings, including those undertaken to flee pandemics, civil unrest, racism, intolerance, war, forced marriage, or limited opportunities in their home countries.
Clamouring for Legal Protection: What the Great Books Teach Us About People Fleeing from Persecution
by Robert F BarskyIn this novel approach to law and literature, Robert Barsky delves into the canon of so-called Great Books, and discovers that many beloved characters therein encounter obstacles similar to those faced by contemporary refugees and undocumented persons. The struggles of Odysseus, Moses, Aeneas, Dante, Satan, Dracula and Alice in Wonderland, among many others, provide surprising insights into current discussions about those who have left untenable situations in their home countries in search of legal protection. Law students, lawyers, social scientists, literary scholars and general readers who are interested in learning about international refugee law and immigration regulations in home and host countries will find herein a plethora of details about border crossings, including those undertaken to flee pandemics, civil unrest, racism, intolerance, war, forced marriage, or limited opportunities in their home countries.
Clan and Tribal Perspectives on Social, Economic and Environmental Sustainability: Indigenous Stories From Around the Globe
by James C. Spee, Adela Mcmurray, Mark McmillanFrom the Indigenous perspective, sustainability must be understood as a means of survival. In a climate of in-migration, clan and tribal communities have been forced to build sustainable solutions together to protect their sovereignty, recognition and mutual respect. In the midst of a global pandemic that threatens the economic and social well-being of millions of people, this edited collection addresses the social, economic, and environmental sustainability of tribes, clans, and Indigenous cultures across national and global origins. Acknowledging that these peoples around the globe have addressed threats to their survival for millennia, the authors showcase examples of indigenous groups spanning South Africa, Nigeria, Australia, New Zealand, Pakistan, Afghanistan, Bolivia and North America. Regional examples also come from Rwanda, Cameroon, Congo, Ethiopia, East Timor, Papua New Guinea, the Andaman and Nicobar Islands, Easter Island, and Nunavit, Canada. Breaking fresh ground by shining a light on sustainability journeys from outside the global mainstream, this book demonstrates how sustainable recovery and development occurs in respectful collaboration between equals.
Clan and Tribal Perspectives on Social, Economic and Environmental Sustainability: Indigenous Stories From Around the Globe
by James C. Spee Adela J. McMurray Mark D. McMillanFrom the Indigenous perspective, sustainability must be understood as a means of survival. In a climate of in-migration, clan and tribal communities have been forced to build sustainable solutions together to protect their sovereignty, recognition and mutual respect. In the midst of a global pandemic that threatens the economic and social well-being of millions of people, this edited collection addresses the social, economic, and environmental sustainability of tribes, clans, and Indigenous cultures across national and global origins. Acknowledging that these peoples around the globe have addressed threats to their survival for millennia, the authors showcase examples of indigenous groups spanning South Africa, Nigeria, Australia, New Zealand, Pakistan, Afghanistan, Bolivia and North America. Regional examples also come from Rwanda, Cameroon, Congo, Ethiopia, East Timor, Papua New Guinea, the Andaman and Nicobar Islands, Easter Island, and Nunavit, Canada. Breaking fresh ground by shining a light on sustainability journeys from outside the global mainstream, this book demonstrates how sustainable recovery and development occurs in respectful collaboration between equals.
Clandestine Theology: A Non-Philosopher's Confession of Faith
by Francois LaruelleIn this new translation, Laruelle offers a serious and rigorous challenge to contemporary theological thought, calling into question the dominant understanding of the relation between Christ, theology, and philosophy, not only from a theoretical, but also political perspective. He achieves this through an inversion of St Paul's reading of Christ, through which the ground for Christianity shifts. It is no longer the 'event' of the resurrection, as philosophical and theological operation (Badiou's St Paul), so much as the Risen Himself that forms the starting point for a non-philosophical confession. Between the Greek and the Jew, Laruelle places the Gnostic-Christ in order to disrupt and overturn such theologico-philosophical interpretations of the resurrection and set the Risen within the radical immanence of Man-in-Person. Forming the basis for a non-Christianity, Clandestine Theology offers a more radical deconstruction of Christianity, resting upon the last identity of Man and the humanity of Christ as opposed to endless deferral or difference (Nancy) or the universalising economy of Ideas and Events (Badiou).
Clandestine Theology: A Non-Philosopher's Confession of Faith
by Francois LaruelleIn this new translation, Laruelle offers a serious and rigorous challenge to contemporary theological thought, calling into question the dominant understanding of the relation between Christ, theology, and philosophy, not only from a theoretical, but also political perspective. He achieves this through an inversion of St Paul's reading of Christ, through which the ground for Christianity shifts. It is no longer the 'event' of the resurrection, as philosophical and theological operation (Badiou's St Paul), so much as the Risen Himself that forms the starting point for a non-philosophical confession. Between the Greek and the Jew, Laruelle places the Gnostic-Christ in order to disrupt and overturn such theologico-philosophical interpretations of the resurrection and set the Risen within the radical immanence of Man-in-Person. Forming the basis for a non-Christianity, Clandestine Theology offers a more radical deconstruction of Christianity, resting upon the last identity of Man and the humanity of Christ as opposed to endless deferral or difference (Nancy) or the universalising economy of Ideas and Events (Badiou).
Clarkson & Hill's Conflict of Laws: (pdf)
by Jonathan Hill Máire Ní ShúilleabháinThe fifth edition of Clarkson & Hill's Conflict of Laws provides a clear and up-to-date account of the private international law topics covered at undergraduate level. Theoretical issues and fundamental principles are introduced in the first chapter and expanded upon in later chapters. Basic principles of the conflict of laws are presented in an approachable style, offering clarity on complex points and terminology without over-simplification.
The Class Action in Common Law Legal Systems: A Comparative Perspective
by Rachael MulheronMulti-party litigation is a world-wide legal process, and the class action device is one of its best-known manifestations. As a means of providing access to justice and achieving judicial economies, the class action is gaining increasing endorsement - particularly given the prevalence of mass consumerism of goods and services, and the extent to which the activities and decisions of corporations and government bodies can affect large numbers of people. The primary purpose of this book is to compare and contrast the class action models that apply under the federal regimes of Australia and the United States and the provincial regimes of Ontario and British Columbia in Canada. While the United States model is the most longstanding, there have now been sufficient judicial determinations under each of the studied jurisdictions to provide a constructive basis for comparison. In the context of the drafting and application of a workable class action framework, it is apparent that similar problems have been confronted across these jurisdictions, which in turn promotes a search for assistance in the experience and legal analysis of others. The book is presented in three Parts. The first Part deals with the class action concept and its alternatives, and also discusses and critiques the stance of England where the introduction of the opt-out class action model has been opposed. The second Part focuses upon the various criteria and factors governing commencement of a class action (encompassing matters such as commonality, superiority, suitability, and the class representative). Part 3 examines matters pertaining to conduct of the action itself (such as becoming a class member, notice requirements, settlement, judgments, and costs and fees).The book is written to have practical utility for a wide range of legal practitioners and professionals, such as: academics and students of comparative civil procedure and multi-party litigation; litigation lawyers who may use the reference materials cited to the benefit of their own class action clients; and those charged with law reform who look to adopt the most workable (and avoid the unworkable) features in class action models elsewhere.
Class Actions in Europe: Holy Grail or a Wrong Trail? (Ius Gentium: Comparative Perspectives on Law and Justice #89)
by Alan Uzelac Stefaan VoetNot so long ago, class actions were considered to be a textbook example of American exceptionalism; many of their main features were assumed to be incompatible with the culture of the civil law world. However, the tide is changing; while there are now trends in the USA toward limiting or excluding class actions, notorious cases like Dieselgate are moving more and more European jurisdictions to extend the reach of their judicial collective redress mechanisms. For many new fans of class actions, collective redress has become a Holy Grail of sorts, a miraculous tool that will rejuvenate national systems of civil justice and grant them unprecedented power. Still, while the introduction of various forms of representative action has virtually become a fashion, it is anything but certain that attempting to transplant American-style class action will be successful. European judicial structures and legal culture(s) are fundamentally different, which poses a considerable challenge. This book investigates whether class actions in Europe are indeed a Holy Grail or just another wrong turn in the continuing pursuit of just and effective means of protecting the rights of citizens and businesses. It presents both positive and critical perspectives, supplemented by case studies on the latest collectivization trends in Europe’s national civil justice systems. The book also shares the experiences of some non-European jurisdictions that have developed promising hybrid forms of collective redress, such as Canada, Brazil, China, and South Africa. In closing, a selection of topical international cases that raise interesting issues regarding the effectiveness of class actions in an international context are studied and discussed.
Class and Group Actions in Arbitration
by Bernard Hanotiau, Eric A. SchwartzSeveral decades ago, a typical arbitration would involve one claimant against one respondent. Over the years, more and more cases involve several claimants against several respondents. Today, one third of all international ICC arbitrations seem to involve multiparty cases, multi-contract cases involving multiple contracts, multiple parties. The evolution has continued and the debate today is whether it would be possible for a class of people in the same situation or a group of citizens having the same interest to start one single arbitration procedure as a group or as a class. This publication examines the complex issues involved in class or group arbitration on a comparative law basis. Is there a place for such proceedings within the framework of the arbitration process? Class action procedures, as developed in the United States court system and more recently in Canada, are almost nonexistent in Europe. The European Commission has advocated collective redress as an important means of access to justice but class actions have found little enthusiasm in the Members States. The book highlights the lessons which have been learned from the experience of cases in the US and in Europe. What does the future hold for class, collective and mass arbitrations? Are they a marginal phenomenon or has their potential yet to be realized? What are possible solutions to the issues that have been encountered? Can we expect to see more of such arbitrations in the future? Written by arbitrators, academics and practitioners, this Dossier will provide the answers to these questions and many more.
Class and Social Background Discrimination in the Modern Workplace: Mapping Inequality in the Digital Age
by Angelo CapuanoThis book exposes how inequalities based on class and social background arise from employment practices in the digital age. It considers instances where social media is used in recruitment to infiltrate private lives and hide job advertisements based on locality; where algorithms assess socio-economic data to filter candidates; where human interviewers are replaced by artificial intelligence with design that disadvantages users of classed language; and where already vulnerable groups become victims of digitalisation and remote work. The author examines whether these practices create risks of discrimination based on certain protected attributes, including ‘social origin’ in international labour law and laws in Australia and South Africa, ‘social condition’ and ‘family status’ in laws within Canada, and others. The book proposes essential law reform and improvements to workplace policy.