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Law and Criminology (R0)

Kerry O'Halloran

Conscientious Objection

Dissent and Democracy

&lt;p&gt;Part I Citizen and State.- 1 Conscience and Conscientiousness: Principles, Concepts and Parameters.- 2 Dissent &amp;amp; Democracy: Objecting Conscientiously in Civil Law and Common Law Countries.- Part II Conscientious Objection and Contemporary International Law.- 3 The International Legal Framework for Conscientious Objection and Themes for Comparative Jurisdictional Analysis.- Part III Jurisdictional Survey.- 4 England and Wales.- 5 Ireland.- 6 United States of America.- 7 Canada.- 8 Australia.- 9 New Zealand.- 10 Israel.- 11 France.- Part IV Equality, Exemption and Democracy.- 12 Themes of Jurisdictional Commonality and Difference.- 13 A Democratic Society: Equality, Exemption &amp;amp; Dissent.- 14 Conclusion.&lt;/p&gt;

Hart Studies in Constitutional Theory

This open access book is a crucial intervention in the debate concerning positive human rights obligations. There is nowadays no dispute in human rights doctrine over whether rights entail positive duties on the part of the state at the level of principle. But there has been surprisingly little academic commentary devoted to the question of whether there are, or should be, limits placed on how far those obligations extend. Similarly, there has been little scholarly attention paid to the question of how causation can be reasonably attributed in the context of violations of positive obligations. And there are very few sociological explanations provided as to why positive human rights obligations appear to be expanding without principled limits in the first place. This volume assembles the work of a range of leading scholars in international human rights law to fill these gaps in the literature. Each of its 11 substantive chapters addresses an aspect of positive obligations with a particular focus on issues concerning limits. Taken together, they provide the first serious attempt to grapple critically with the subject of the limits, causality and scope of positive obligations theoretically and doctrinally. This makes the book essential reading for scholars of human rights law. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Examines the limits of positive obligations in human rights law.

From Protection to Coercion

The Limits of Positive Obligations in Human Rights Law

Ius Gentium: Comparative Perspectives on Law and Justice

Comparative Perspectives

The Law on Marital Property in Africa

This collection explores the relationship between race, racism, and human rights law. It seeks to illuminate, in particular, how the European Court of Human Rights articulates the category of race, how human rights are experienced (differently) by racial minorities, and whether the European Convention on Human Rights has the tools to recognise and address racial harms. By centring race, it considers how Convention rights would look through the lens of race and ultimately interrogates if human rights law is part of the solution or part of the problem. In pursuing these inquiries, the collection brings together two fields of scholarship that have largely developed independently of each other, namely law and race, and European human rights law. Drawing upon rich expertise from theorists and human rights scholars, it is the first of its kind to systematically analyse race and racism in relation to a wide range of themes in European human rights law, including state violence, terrorism, privacy, protest, migration, hate speech, religion, domestic abuse, reproductive freedom, medicine, education, and climate change.

Race, Racism, and the European Convention on Human Rights

European Union and its Neighbours in a Globalized World

The book explores the links between fundamental rights and cultural identity in the European legal order especially in the case law of the European Court of Human Rights. The book analyses the issues surrounding the relationship between cultural diversity and fundamental rights with special emphasis on cultural rights and their protection in the European legal order. The book addresses general fundamental rights questions such as universality and cultural relativism and the principles of equality and non-discrimination. Secondly, several cases are discussed in which human rights were invoked to protect cultural interests of minorities in the European Court of Human Rights. Individual and collective dimensions of fundamental rights are also taken into consideration. Also, the book explores the cases were human rights are invoked in order to protect individual from cultural practices which are considered harmful or against public order, public morals, public healthor the rights of others.
The book provides a comprehensive overview of the case law of the ECHR on issues related to cultural identity and proposes a human rights framework for the management of cultural diversity in multi-cultural societies based on the case law of the European Court of Human Rights.

In Search of a Fair Balance between Multiple Diversities, European Values and State Interests

The Rights of Cultural Identity in the Case Law of the European Court of Human Rights

An unflinching portrait of a generation fighting for change in Iran, Afghanistan, and Ukraine In The Fire, acclaimed journalist Cecilia Sala takes readers on a gripping journey through some of the world's most volatile regions, from Eastern Europe to the Middle East. Through the eyes of people like Kateryna, a Ukrainian soldier; Assim, an Iranian student at the forefront of the "Woman, Life, Freedom" protests; Nabila, a queer Muslim kickboxing champion; and Zarifa, a political activist in Afghanistan, Sala offers an intimate portrayal of those fighting for a better life. By immersing herself in their daily lives and political battles, Sala crafts a poignant narrative that captures the human dimension of some of the world's most intense conflicts. The Fire is a testament to the courage of a generation at the forefront of global change.

Voices of a Generation in Iran, Ukraine, & Afghanistan

The Fire

Law for Professionals

Ocean Resources and Sustainable Development

Legal Perspectives on Deep Sea Mining

Whistleblowers: Voices of Justice

Hart Monographs in Transnational and International Law

Why do some international courts wield broad authority while others face pushback or fade into irrelevance? This book provides novel theoretical and empirical insights into this question. It offers a fresh, interdisciplinary perspective on the authority of international courts, drawing from law, political science and behavioural research. It develops, in Part I, a theoretical model and analytical framework for assessing these questions. The model explains how authority relationships between courts and their audiences - such as states, NGOs, individual applicants, and domestic courts - are formed, maintained, or contested. In Part II, the book applies this analytical framework to in-depth case studies of two selected international courts: the European Court of Human Rights and the Court of Justice of the Economic Community of West African States. These studies not only provide deeper insights into the authority of these courts but also demonstrate how the analytical framework can be applied to other international courts to generate an enhanced understanding of international court authority. The book sheds new light on why some courts enjoy enduring authority and others face pushback, offering powerful tools for understanding the behaviour of international courts and their audiences.

A Behavioural Framework

The Authority of International Courts

Law and Religion in a Global Context

This book is the first study to consider findings from sociology, legal anthropology, ethnology, legal pluralism, comparative law and theology in order to gain a better understanding of the diverse cultures of global Catholicism and the cross-cultural challenges arising from Roman Catholic canon law within the local churches. The author, renowned for her work at the intersection of socio-legal studies and canon law, examines the latter as a distinctive example of a European religious legal system that cuts across the myriad legal cultures of the local churches. In light of findings on legal transfer and legal colonialism, and by examining canon law within the emerging field of social and cultural studies approaches to law, her book sheds light on how canon law is imposed upon and received by the local churches around the world. It analyses the challenges and problems arising from the law’s transcultural claims within these churches. Based on these observations, the study discusses the critical stance of canon law within contemporary Catholicism and the current debates on a synodal reform of the church and its law.&nbsp; The book adopts different perspectives: As a sociological study, it describes the contemporary Eurocentrism of global canon law and the conflicts arising from it. As a theological study, it presents ecclesiological reasons for challenging the hegemony of global legislation. As a study of canon law, it suggests ways in which legislation could permit greater diversity while maintaining the unity of the universal church. By analysing canon law as a specific example of a religious legal order with cross-cultural ambitions and global claims, the book also contributes to the study of transnational law in general by illustrating the typical problems that accompany transnational legal regimes in both secular legal systems and religious groups.
This is an open access book.

This book is the first study to consider findings from sociology, legal anthropology, ethnology, legal pluralism, comparative law and theology in order to gain a better understanding of the diverse cultures of global Catholicism and the cross-cultural challenges arising from Roman Catholic canon law within the local churches. The author, renowned for her work at the intersection of socio-legal studies and canon law, examines the latter as a distinctive example of a European religious legal system that cuts across the myriad legal cultures of the local churches. In light of findings on legal transfer and legal colonialism, and by examining canon law within the emerging field of social and cultural studies approaches to law, her book sheds light on how canon law is imposed upon and received by the local churches around the world. It analyses the challenges and problems arising from the law’s transcultural claims within these churches. Based on these observations, the study discusses the critical stance of canon law within contemporary Catholicism and the current debates on a synodal reform of the church and its law.&nbsp;
 
 The book adopts different perspectives: As a sociological study, it describes the contemporary Eurocentrism of global canon law and the conflicts arising from it. As a theological study, it presents ecclesiological reasons for challenging the hegemony of global legislation. As a study of canon law, it suggests ways in which legislation could permit greater diversity while maintaining the unity of the universal church. By analysing canon law as a specific example of a religious legal order with cross-cultural ambitions and global claims, the book also contributes to the study of transnational law in general by illustrating the typical problems that accompany transnational legal regimes in both secular legal systems and religious groups.
 This is an open access book.

Global Catholicism, Glocal Legislation, and the Local Churches

The Cultures of Canon Law

This book explores how both common law and civil law traditions have long devoted extensive attention to&nbsp;litigious facts—those directly related to the parties involved in a dispute. These facts have consistently been central to procedural theories, particularly the theory of evidence.
At the same time, it draws attention to another category of facts that remain largely unexamined by judges and lawyers. Especially in the context of constitutional review and binding precedents, there are facts that do not concern the litigants—or at least not exclusively. These are general facts, connected to social life and the functioning of the world, and they closely resemble&nbsp;legislative facts. Since law presupposes reality and social needs—facts that concern everyone—their presence in constitutional adjudication should not come as a surprise.
The volume&nbsp;introduces the concept of&nbsp;constitutional facts, which emerge when constitutional review moves beyond its normative roots and engages with the lived reality of society. Deciding based on constitutional facts carries a significant democratic dimension.
While the analysis&nbsp;acknowledges that constitutional decisions should remain open to institutional dialog, it also argues that deliberation should not be prematurely closed when constitutional facts—overlooked by the legislature or still under public debate—are brought before the judiciary through legal challenges.
Beyond theory, the work also addresses decision-making strategies that foster institutional dialog around these facts, offering a framework that supports more transparent and participatory constitutional adjudication.

(Dis)covering Another Procedural Reality

Constitutional Facts?

Routledge Research in International Law

General International Law and the International Legal Order

Relational Normativity of International Law

ONE OF THE NEW YORK TIMES AND THE ATLANTIC’S TEN BEST BOOKS OF THE YEAR • ONE OF BARACK OBAMA’S FAVORITE BOOKS OF THE YEAR • Through the “revelatory and gut-wrenching” (Associated Press) stories of five Atlanta families, this landmark work of journalism exposes a new and troubling trend—the dramatic rise of the working homeless in cities across America. “An exceptional feat of reporting, full of an immediacy that calls to mind Adrian Nicole LeBlanc’s Random Family and Matthew Desmond’s Evicted.”—The New York Times Book Review (Editors’ Choice) FINALIST FOR THE ANDREW CARNEGIE MEDAL, THE LOS ANGELES TIMES BOOK PRIZE, AND THE BERNSTEIN AWARD • A BEST BOOK OF THE YEAR: NPR, The Washington Post, Atlanta Journal-Constitution, Elle, New America, BookPage, Shelf Awareness The working homeless. In a country where hard work and determination are supposed to lead to success, there is something scandalous about this phrase. But skyrocketing rents, low wages, and a lack of tenant rights have produced a startling phenomenon: People with full-time jobs cannot keep a roof over their head, especially in America’s booming cities, where rapid growth is leading to catastrophic displacement. These families are being forced into homelessness not by a failing economy but a thriving one. In this gripping and deeply reported book, Brian Goldstone plunges readers into the lives of five Atlanta families struggling to remain housed in a gentrifying, increasingly unequal city. Maurice and Natalia make a fresh start in the country’s “Black Mecca” after being priced out of DC. Kara dreams of starting her own cleaning business while mopping floors at a public hospital. Britt scores a coveted housing voucher. Michelle is in school to become a social worker. Celeste toils at her warehouse job while undergoing treatment for ovarian cancer. Each of them aspires to provide a decent life for their children—and each of them, one by one, joins the ranks of the nation’s working homeless. Through intimate, novelistic portraits, Goldstone reveals the human cost of this crisis, following parents and their kids as they go to sleep in cars, or in squalid extended-stay hotel rooms, and head out to their jobs and schools the next morning. These are the nation’s hidden homeless—omitted from official statistics, and proof that overflowing shelters and street encampments are only the most visible manifestation of a far more pervasive problem. By turns heartbreaking and urgent, There Is No Place for Us illuminates the true magnitude, causes, and consequences of the new American homelessness—and shows that it won’t be solved until housing is treated as a fundamental human right.

ONE OF THE NEW YORK TIMES AND THE ATLANTIC’S TEN BEST BOOKS OF THE YEAR • ONE OF BARACK OBAMA’S FAVORITE BOOKS OF THE YEAR • Through the “revelatory and gut-wrenching” (Associated Press) stories of five Atlanta families, this landmark work of journalism exposes a new and troubling trend—the dramatic rise of the working homeless in cities across America. “An exceptional feat of reporting, full of an immediacy that calls to mind Adrian Nicole LeBlanc’s Random Family and Matthew Desmond’s Evicted.”—The New York Times Book Review (Editors’ Choice) FINALIST FOR THE ANDREW CARNEGIE MEDAL • A BEST BOOK OF THE YEAR: NPR, The Washington Post, Atlanta Journal-Constitution, Elle, New America, BookPage, Shelf Awareness The working homeless. In a country where hard work and determination are supposed to lead to success, there is something scandalous about this phrase. But skyrocketing rents, low wages, and a lack of tenant rights have produced a startling phenomenon: People with full-time jobs cannot keep a roof over their head, especially in America’s booming cities, where rapid growth is leading to catastrophic displacement. These families are being forced into homelessness not by a failing economy but a thriving one. In this gripping and deeply reported book, Brian Goldstone plunges readers into the lives of five Atlanta families struggling to remain housed in a gentrifying, increasingly unequal city. Maurice and Natalia make a fresh start in the country’s “Black Mecca” after being priced out of DC. Kara dreams of starting her own cleaning business while mopping floors at a public hospital. Britt scores a coveted housing voucher. Michelle is in school to become a social worker. Celeste toils at her warehouse job while undergoing treatment for ovarian cancer. Each of them aspires to provide a decent life for their children—and each of them, one by one, joins the ranks of the nation’s working homeless. Through intimate, novelistic portraits, Goldstone reveals the human cost of this crisis, following parents and their kids as they go to sleep in cars, or in squalid extended-stay hotel rooms, and head out to their jobs and schools the next morning. These are the nation’s hidden homeless—omitted from official statistics, and proof that overflowing shelters and street encampments are only the most visible manifestation of a far more pervasive problem. By turns heartbreaking and urgent, There Is No Place for Us illuminates the true magnitude, causes, and consequences of the new American homelessness—and shows that it won’t be solved until housing is treated as a fundamental human right.

Working and Homeless in America

There Is No Place for Us

Conscientious Objection

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