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Law and Criminology (R0)

Thereza Cristina Coitinho das Neves

Criminal Drug Policy

From Prohibition to Regulation

&lt;p&gt;Chapter 1. Drugs: A Universal Social Practice.- Chapter 2. Illicit Drugs: When and Why Certain Substances Became the Object of Criminal Intervention.- Chapter 3. Illegitimacy of the Prohibitionist Criminal Policy.- Chapter 4. Portraits of the Criminal Prohibition of Drugs.- Chapter 5. &amp;nbsp;In Search of a New Drug Policy: Alternatives and Experiences.- Chapter 6. Towards Regulation.- Chapter 7. Conclusions.&lt;/p&gt;

Studies in Australian Law, Politics and History

This book lays out a roadmap for establishing common law recognition of Aboriginal customary law in Australia. Currently, Aboriginal customary law is recognised in limited circumstances through native title, which applies only to rights and interests over traditional lands or waters. This book argues that, if a carefully constructed claim is accepted by an Australian Court, Aboriginal customary law could potentially be recognised across a wide range of legal areas, including criminal law, family law, succession, environmental law, and criminal procedure. Importantly, this would also afford legal recognition to organic Indigenous governance structures. It also proposes a roadmap for establishing a hybrid equitable-constitutional fiduciary obligation that the Crown would owe Indigenous Australians. This could provide valuable protections to Indigenous rights and societies from impositions made by legislatures and executives purporting to exercise powers under the 
 Australian Constitution. Distinctive in its approach, this volume is among the first post-2020 works to explore a common law pathway for recognising and furthering the rights of Indigenous societies, governance systems, and legal frameworks, at a time when most scholarship has focused on express constitutional recognition or recognition via treaties and agreements (notably in Victoria).
 The book builds on the landmark High Court decision in 
 Love v Commonwealth 
 (2020), where the Court recognised that Aboriginal Australians, owing to their enduring connection to country, could not be considered ‘aliens’ under the 
 Constitution
 . While 
 Love 
 initially addressed alienage and constitutional protections, this work argues that its reasoning opens the door to broader common law recognition of Indigenous Australians’ rights, laws, and governance structures, beyond the scope of native title.
 Through careful legal analysis and a proposed claims framework, this book contributes to an emergent body of scholarship exploring the legal consequences of recognizing Aboriginal Australians’ enduring connection to country, offering a path toward meaningful expansion of Indigenous legal recognition in Australia, and bringing Australian law closer to the more progressive Indigenous rights doctrines of common law North America.

Strategising Opportunities for Future Indigenous Rights Test Litigation

Law, Love and Australia’s Unfinished Retreat from Terra Nullius

Palgrave Socio-Legal Studies

This book is the final research outcome of a two-year interdisciplinary research project which explores the areas of Human Rights, Discourse and Law, and Gender and Sexuality. It analyses the discursive constructions in case law related to sexual, reproductive, and parental rights in selected international and European Courts, including the European Court of Human Rights, the Inter-American Court of Human Rights, and the Court of Justice of the European Union, through a legal-linguistic interdisciplinary approach.This book explores the impact of PSB (prejudice, stereotypes, and bias) in human rights judicial discourse as well as anti-PSB strategies adopted by the selected courts. Through a mixed methodology, involving corpus-based analyses, linguists and legal experts investigate key topics in the areas of parenthood, sexuality, and reproduction, including abortion, surrogacy, health-related issues, and sexual violence. Ultimately, this book aims to respond to questions including: can PSB be traced in how judges express their decisions about sexual, reproductive and parental rights involving people sharing a specific gender, sexual orientation, or gender identity? If so, what is the impact and how can we eradicate PSB in discourse and protect against gender- and LGBTIQ+-based PSB, especially in the access to sexual, reproductive, and parental rights?Gianluca Pontrandolfo is Associate Professor of Spanish Language, Translation and Linguistics at&nbsp;University of Trieste, Italy.Carmelo Danisi is Associate Professor of Public International Law at Alma Mater Studiorum - University of Bologna, Italy.

This book is the final research outcome of a two-year interdisciplinary research project which explores the areas of Human Rights, Discourse and Law, and Gender and Sexuality. It analyses the discursive constructions in case law related to sexual, reproductive, and parental rights in selected international and European Courts, including the European Court of Human Rights, the Inter-American Court of Human Rights, and the Court of Justice of the European Union, through a legal-linguistic interdisciplinary approach.This book explores the impact of PSB (prejudice, stereotypes, and bias) in human rights judicial discourse as well as anti-PSB strategies adopted by the selected courts. Through a mixed methodology, involving corpus-based analyses, linguists and legal experts investigate key topics in the areas of parenthood, sexuality, and reproduction, including abortion, surrogacy, health-related issues, and sexual violence. Ultimately, this book aims to respond to questions including: can PSB be traced in how judges express their decisions about sexual, reproductive and parental rights involving people sharing a specific gender, sexual orientation, or gender identity? If so, what is the impact and how can we eradicate PSB in discourse and protect against gender- and LGBTIQ+-based PSB, especially in the access to sexual, reproductive, and parental rights?

Prejudice, Stereotypes and Bias

Legal-Linguistic Perspectives on Human Rights Judicial Discourse

International Law and the Global South

This book provides comprehensive discussions on the instruments, mechanisms and debates relevant to tackling biopiracy and protecting the rights of indigenous peoples and local communities in that context.&nbsp;Biopiracy is one of the most controversial issues in the international society and indigenous peoples and local communities have been the main victim of biopiracy because although they have made enormous contributions to the conservation of biological and genetic resources and development of associated traditional knowledge, they have been rarely acknowledged and few benefits have been shared.Against this backdrop, this book surveys biopiracy cases around the world, analyses and discusses the international regimes relevant to biopiracy, and suggests possible ways forward; namely the instruments or mechanisms to tackle biopiracy and protect the rights of indigenous peoples and local communities based on the international regimes. It provides a comprehensive picture on the rights of indigenous peoples and local communities in the context of biopiracy by analysing international biodiversity, human rights and intellectual property regimes as a whole. Moreover, unlike others, this book also suggests how to improve domestic laws and institutions to tackle biopiracy and protect the rights of indigenous peoples and local communities to genetic resources and associated traditional knowledge in accordance with the international regimes by, for instance, providing the core elements of the model laws and institutions.For these reasons, the book will be a good guide for students and researchers who are interested in laws and policies on the (sustainable) use of biological and genetic resources. Particularly, given that with the adoption of the Nagoya Protocol, scientists (particularly, biologists) need to understand international biodiversity and intellectual property laws and institutions, this book will be useful for them. Moreover, as indigenous peoples and local communities are the main victim of biopiracy, this book will help indigenous rights activists and organizations working to protect their rights.

Protection of Bio-rights of Indigenous Peoples in International Law

Law, Governance and Technology Series

This book unveils Australia's paradoxical history as a human rights advocate and violator. With three decades of experience, the author delves into Australia's lapses, notably in arbitrary detention and Indigenous rights. Through insightful case studies, the book exposes discrepancies between Australia's commitments and actions, echoing UN Secretary-General Kofi Annan's call for implementation: “We must move from an era of legislation to an era of implementation”.
Drawing from extensive legal expertise, the author not only highlights Australia's shortcomings but also proposes a groundbreaking global strategy to tackle international human rights challenges. With a focus on moving from rhetoric to action, the book provides specific recommendations for holding Australia accountable to its human rights obligations. A critical exploration of Australia's journey toward human rights accountability unfolds, urging readers to contemplate the challenges and prospects for change.
&nbsp;

This book unveils Australia's paradoxical history as a human rights advocate and violator. With three decades of experience, the author delves into Australia's lapses, notably in arbitrary detention and Indigenous rights. Through insightful case studies, the book exposes discrepancies between Australia's commitments and actions, echoing UN Secretary-General Kofi Annan's call for implementation: “We must move from an era of legislation to an era of implementation”.Drawing from extensive legal expertise, the author not only highlights Australia's shortcomings but also proposes a groundbreaking global strategy to tackle international human rights challenges. With a focus on moving from rhetoric to action, the book provides specific recommendations for holding Australia accountable to its human rights obligations. A critical exploration of Australia's journey toward human rights accountability unfolds, urging readers to contemplate the challenges and prospects for change.&nbsp;

How Australia Routinely Breaches International Human Rights (And Gets Away with It)

Impunity

This book is a comparative study of how courts and oversight bodies review lawmaking processes, exposing democratic deficits and advocating for transparent, participatory legislative reform across Europe. In an era of fast-track legislation and executive overreach, the democratic legitimacy of lawmaking is under increasing pressure. This timely and original volume offers the first comprehensive, comparative analysis of how judicial and non-judicial bodies monitor and assess legislative procedures across Europe and beyond. Drawing on examples from Hungary, France, and the United States, the book highlights troubling trends - such as the use of expedited processes, exclusion of opposition voices, and lack of public participation - that undermine democratic principles and good governance. Contributors examine how courts, parliamentary committees, and international organisations like the Venice Commission respond to these challenges, offering insights into their capacity to uphold constitutional standards and human rights protections. The book also explores the broader implications of defective lawmaking for the rule of law, separation of powers, and the achievement of global goals such as the UN's Sustainable Development Agenda. Featuring leading scholars and practitioners from across Europe, including underrepresented jurisdictions, the volume bridges theory and practice, offering a rich interdisciplinary perspective. It is essential reading for academics, legal professionals, policymakers, and civil society actors concerned with the integrity of democratic institutions and the future of legislative governance. By shedding light on the mechanisms of procedural review, this book makes a compelling case for more transparent, inclusive, and accountable lawmaking in democratic societies.

European Perspectives on the Procedural Review of Parliamentary Lawmaking

Sustainable Development Goals Series

In democratic societies, the protection of journalistic sources stands as one of the most fundamental safeguards of press freedom. Without the ability to guarantee confidentiality, journalists cannot effectively investigate abuses of power, expose corruption, or provide the public with information essential for democratic accountability. Yet in an era increasingly defined by democratic backsliding, authoritarian resurgence, digital surveillance, and growing pressures on independent media, the protection of sources has become more fragile and more urgent than ever before.
This volume offers a timely and comprehensive examination of one of the most pressing challenges facing journalism, law, and democracy in the twenty-first century. Bringing together an international group of scholars from Europe, Africa, Latin America, the Middle East, and Asia, it explores the legal, political, technological, and ethical dimensions of source protection across diverse constitutional systems and media environments.
The contributors examine international human rights frameworks, European Union regulation, whistleblower protection regimes, comparative constitutional practice, and landmark national case studies, while also addressing emerging threats posed by mass surveillance, digital platforms, cyber insecurity, and authoritarian governance. The volume further expands the discussion through philosophical reflections on anonymity, practical perspectives from investigative journalists, and new approaches to protecting vulnerable and marginalized voices in conflict reporting.
Combining interdisciplinary scholarship with global comparative analysis, this book demonstrates that protecting journalistic sources is not simply a professional privilege of the press, but a structural condition for democracy itself.
This volume is essential reading for scholars, policymakers, journalists, and anyone concerned with the future of free expression in the digital age.

Journalistic Source Protection in the Age of Democratic Backsliding

Crime and Justice in Digital Society

Theory, Case Studies, and New Frontiers

Cyber Criminology and Victimology

American Studies Now: Critical Histories of the Present

How policing has fundamentally shaped the Latinx experience.The history of Latinx groups in the United States has been marked, from the beginning, by experiences of criminalization and violence at the hands of law enforcement. Marisol LeBrón argues that policing has left an indelible mark on Latinx communities across the country and has come to shape our understanding of what it means to be Latinx. Spanning the nineteenth century to the present, Policed examines how policing became a key component in the formation of Latinx identity and political consciousness, and still lies at the heart of many pressing issues confronting Latinx communities today, including immigration, employment, health, and housing. More than simply telling a story of police brutality and harassment, LeBrón powerfully shows that Latinx people have continually resisted state violence and worked to build a more liberated future.

A Latinx History of State Violence

Policed: Volume 19

This book brings together key academics and practitioners from across the country, to provide a comprehensive reflection on the under-researched area of Australian military disciplinary law. It covers a broad range of topics on the nature of military discipline law, legacy issues arising from its historical origins, contemporary challenges regarding its application in the domestic and international domains, and likely future directions. The authors are all qualified Australian lawyers with varied backgrounds as civilians, reservists and current and former permanent Australian Defence Force (ADF) legal officers. The balance of authorship ensures that the collection as a whole reflects both the internal operation and culture of the ADF, and provides an independent, critical perspective on it. The issue of military discipline in both domestic and international settings has received extensive and ongoing media and public attention in the last decade. The public interest in the topic was apparent between 2013 and 2017, when investigations of the ‘Skype’ and ‘Jedi Council’ scandals revealed that male ADF members had been producing and sharing online footage of sexual encounters with women without the consent of the women involved, and accompanied by sexist and disrespectful commentary. The implications of discipline on overseas military operations were brought to the public attention in 2016, when the Inspector-General of the Australian Defence Force commissioned an inquiry into allegations that members of the Special Operations Task Group in Afghanistan breached the Law of Armed Conflict between 2005 to 2016.
Dr Kellie Toole is a Senior Lecturer in criminal law in the Adelaide Law School at Adelaide University.
Professor Dale Stephens is a Professor of international law in the Adelaide Law School and Director of the Research Unit on Military Law and Ethics (RUMLAE) at Adelaide University.

This book brings together key academics and practitioners from across the country, to provide a comprehensive reflection on the under-researched area of Australian military disciplinary law. It covers a broad range of topics on the nature of military discipline law, legacy issues arising from its historical origins, contemporary challenges regarding its application in the domestic and international domains, and likely future directions. The authors are all qualified Australian lawyers with varied backgrounds as civilians, reservists and current and former permanent Australian Defence Force (ADF) legal officers. The balance of authorship ensures that the collection as a whole reflects both the internal operation and culture of the ADF, and provides an independent, critical perspective on it. The issue of military discipline in both domestic and international settings has received extensive and ongoing media and public attention in the last decade. The public interest in the topic was apparent between 2013 and 2017, when investigations of the ‘Skype’ and ‘Jedi Council’ scandals revealed that male ADF members had been producing and sharing online footage of sexual encounters with women without the consent of the women involved, and accompanied by sexist and disrespectful commentary. The implications of discipline on overseas military operations were brought to the public attention in 2016, when the Inspector-General of the Australian Defence Force commissioned an inquiry into allegations that members of the Special Operations Task Group in Afghanistan breached the Law of Armed Conflict between 2005 to 2016.

Legal Frameworks and Contemporary Issues

Australian Military Discipline Law

Comparative constitutional scholarship takes a variety of forms - including theoretical, doctrinal and empirical variants. This book offers guidance for scholars at all career stages in engaging in each of these forms of scholarship.The book shows how scholars can make rigorous yet realistic choices about the breadth of comparison, and their approach to case-selection, calibrated to their own comparative project and position within the field of comparative constitutional studies ('CCS'). Practical in tone and ambition, yet rich in theoretical and comparative examples and insights, the book offers an invitation to public law scholars globally to expand their comparative horizons; and a call to the field as a whole to give greater attention to theoretical and doctrinal scholarship, and single country, Southern and understudied jurisdictions.

On Constitutional Comparison

Bhogal on Anti-social Behaviour remains the first port of call for everyone working in the area of, and carrying out, anti-social behaviour work. The third edition has been fully updated to take account of the changes introduced by the Crime and Policing Ac 2026. It provides analysis of the revised guidance and commentary explaining the legislation and what this means for those working in this field. It clearly explains through the use of case studies, practical examples and tactical advice how the tools operate and how they may be used to best effect. The appendices include a comprehensive set of template documents. The third edition includes:- New chapters on Respect Orders, Housing Injunctions and Youth Injunctions - Comprehensive guidance on the extension of closure powers to Registered Providers of Social Housing - A new section on "expedited" PSPOs - A full copy of the updated statutory guidance - Coverage of the removal of CBOs to the Sentencing Act 2020 - Several news cases on the tools and powers, including Leeds City Council v Persons Unknown, Jones v Birmingham City Council, Thurrock Council v Stokes, Rosebery Housing Association Ltd v Williams on injunctions, R. (on the application of Hacking) v Stratford Magistrates' Court on CPNS, Tossici-Bolt v Bournemouth, Christchurch, and Poole Council on PSPOs, Chief Constable of Humberside v Morgan on closure orders, Thaim v Richmond Housing Partnership on the Equality Act 2010, The King (on the application of Bakhtiyar Aliyev) v Commissioner of Police for the Metropolis on Community Protection Warnings This title is included in Bloomsbury Professional's Local Government Law online service.

Bhogal on Anti-Social Behaviour

Palgrave Advances in Criminology and Criminal Justice in Asia

Sovereignty, Sacrifice, and Survival in Pakistan’s Necropolitical Order: Death’s Dominion examines how sovereignty, sacrifice, and survival are experienced by individuals living under Pakistan’s militant and counter-militant regimes. Drawing on unstructured, in-depth interviews with sectarian militants and interrupted martyrdom operatives, it transforms first-person testimony into a critical analysis of necropolitics: the power to determine who may live, who must remain vulnerable, and who may be exposed to death. The book shows how selective protection, institutional failure, militant violence, and exceptional security practices can produce “death-worlds” governed through insecurity, abandonment, and differential exposure to violence.Combining phenomenological inquiry with post-structural theory, the study reveals how state and non-state actors participate in overlapping moral and political economies of death, in which martyrdom, refusal, betrayal, and survival acquire political and sacred meanings. It advances the Pakistan-specific NEC Framework—National, Ethnosectarian, and Counterterror Necropolitics—to explain how competing forms of sovereignty intersect in shaping the national order. In dialogue with Michel Foucault, Giorgio Agamben, Achille Mbembe, and Judith Butler, the book also develops counter-necropolitics as a life-affirming project grounded in justice, accountability, rehabilitation, recognition, reparation, and counter-narratives.Munir Ahmad Zia Rao isDeputy Inspector General of Police, Punjab, Pakistan. He has a PhD in Terrorism Studies from the University of the Punjab.

Sovereignty, Sacrifice, and Survival in Pakistan’s Necropolitical Order: Death’s Dominion examines how sovereignty, sacrifice, and survival are experienced by individuals living under Pakistan’s militant and counter-militant regimes. Drawing on unstructured, in-depth interviews with sectarian militants and interrupted martyrdom operatives, it transforms first-person testimony into a critical analysis of necropolitics: the power to determine who may live, who must remain vulnerable, and who may be exposed to death. The book shows how selective protection, institutional failure, militant violence, and exceptional security practices can produce “death-worlds” governed through insecurity, abandonment, and differential exposure to violence.Combining phenomenological inquiry with post-structural theory, the study reveals how state and non-state actors participate in overlapping moral and political economies of death, in which martyrdom, refusal, betrayal, and survival acquire political and sacred meanings. It advances the Pakistan-specific NEC Framework—National, Ethnosectarian, and Counterterror Necropolitics—to explain how competing forms of sovereignty intersect in shaping the national order. In dialogue with Michel Foucault, Giorgio Agamben, Achille Mbembe, and Judith Butler, the book also develops counter-necropolitics as a life-affirming project grounded in justice, accountability, rehabilitation, recognition, reparation, and counter-narratives.

Death’s Dominion

Sovereignty, Sacrifice, and Survival in Pakistan’s Necropolitical Order

Criminal Drug Policy

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