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Law and Criminology (R0)

Ana Margarida Gaudêncio

Exploring the Boundaries of Law

&lt;p&gt;Ana Margarida Simões Gaudêncio, Introduction: Exploring the Boundaries of Law – Meta-Dogmatic Bows on the Limits of Law: Outside in and Inside out.- Part I - Architecturally internal and external boundaries of/within Law.- José Manuel Aroso Linhares, The four doors to panjuridi(ci)sm and the question about the limits of Law: returning to a rarely frequented topos.- Susan Petrilli and Augusto Ponzio, The Limits of Law, a Double Meaning.- José de Sousa e Brito, Public policy (ordre publique) and ius cogens as topoi of the question about the limits of law.- José de Faria Costa, L’espace libre du droit: une limite immanente au droit.- Part II - Reflexively axiological frontiers of/in Law.- Manuel Atienza, Le post-positivisme et les limites du droit.- Valerio Nitrato Izzo, The Duty and Right to Justification in Legal Dilemmas.- Leandro Rocha Jacondino, Justice speaks: encounters with difference, plurality, and law.- Ana Margarida Simões Gaudêncio,&amp;nbsp;Legal validity within the limits of law: reflections on the frontier(s) between juridicity and ajuridicity.- Part III - Philosophical heritages on/to Law’s delimitations.- Mateusz Stępień, On the limits of the law from the Confucian perspective.- Sérgio Mascarenhas, Law Within the Bounds of the Sensible World, a Kantian Perspective.- Part IV - Between Law and Politics: The Institutionalization of Constitutionalism and Democracy as frontlines of/to Law.- Ana Raquel Gonçalves Moniz, Le gardien de la Constitution revisité: entre le politique et le juridique.- Ewa Nowak, Renetta Bos, Tomasz Bekrycht, Natalia Danilkina, Kay Hemmerling, Ilija Manasiev, Yuliya Khvatsik, Roma Kriauciuniene, Birden Güngören Bulgan, Łukasz Pohl, Barbara Janusz-Pohl, Paweł Mazur, Conceptualizing extended jurisprudential competence of legal professionals to uphold the democratic rule of law. Recent study on law students’ moral competence development from six European countries.- Part V - Outer discourses as edges of/to Law.- Beatriz Barreiro Carril, Ziad Doueiri’s “The insult” or The Limits of Law: Theatre, Memory and International Cultural Rights.- Gabriele Aroni, Who Owns the (Virtual) View? The Copyright Boundaries of Digital Games Images.- Part VI - Adjudication between inner and outer limits in/to Law.- Fernando José Bronze, Les cas-ornithorynque: présupposés d’intelligibilité, caractérisation sommaire, solution de base proposée.- Tulishree Pradhan, Progress or Regress through Media Freedom: A Due Process to Protect Liberty.- Terezie Smejkalova, The outer limits of the judicial trial.- Part VII - Human rights as matters of Law and/or beyond Law.- Plínio Pacheco Oliveira, Cultural (In)justice, Human Rights, and the Limits of Pluralism.- Miguel Régio de Almeida, The limits of legal imagination: Revising Philosophy of Human Rights’ foundational Events and Myths.&lt;/p&gt;


A mother and son, estranged for many years, reckon at last with the secret that has kept them apart in this highly anticipated novel by one of the most talented American writers of his generation At forty, Peter, an asylum lawyer in New York City, is overworked and isolated. He spends his days immersed in the struggles of immigrants only to return to an empty apartment and occasional hook-ups with a man who wants more than Peter can give. But when the asylum case of a young gay man pierces Peter's numbness, the event that he has avoided for twenty years returns to haunt him. Ann, his mother, who runs a women's retreat centre she founded after leaving his father, is wounded by the estrangement from Peter but cherishes the world she has built. She long ago banished from her mind the decision that divided her from her son. But as Peter's case plunges him further into the fraught memory of his first love and the night of violence that changed his life forever, he and his mother must confront the secret that tore them apart. With unsurpassed emotional depth, Mothers and Sons reveals all that is lost by looking away from the past and the love that might be restored by facing it. In his spellbinding new novel, Adam Haslett demonstrates yet again his mastery of "a rich assortment of literary gifts" (New York Times). 'Subtle, symphonic and satisfying' Financial Times 'An epic family saga that packs an extraordinary emotional punch . . . this book is his best yet' Observer

Mothers and Sons

LITES - Legal Issues in Transdisciplinary Environmental Studies

This book investigates the urban crises of food insecurity and vacant land by examining how community gardens in Berlin and Rio de Janeiro serve as vital mechanisms for realizing the human right to food. Through a comparative study conducted between 2019 and 2023 involving 40 participants, the research explores urban commons’ practices and how they address dimensions of food availability, accessibility, acceptability, and sustainability. The findings reveal distinct motivations and effects shaped by local socioeconomic contexts: while Berlin’s gardens are primarily driven by socialization and environmental concerns, Rio de Janeiro’s gardens focus on food security and social empowerment. Despite the differences, both cities demonstrate a shared commitment to agroecological production as a tool for urban resilience. Ultimately, the study confirms that urban food-sharing practices in these spaces advance the right to food across various dimensions, highlighting the urgent need for urban governance that protects community gardens to foster a global social-ecological transformation.

Right to Food in Community Gardens

Schriften zum Migrationsrecht

As Europe's migration system becomes increasingly digital, vast amounts of biometric and personal data are collected and shared across interconnected EU databases. But how can an asylum seeker or irregular migrant access, correct, or erase their data within this complex web? This book explores access to justice in the interoperable Eurodac system, examining rights to information, data access, rectification, erasure, and effective remedy. It highlights key data protection and due process challenges in this digitised system and extends the analysis beyond the EU, considering implementation in Schengen/Dublin-associated states like Switzerland and developments in EU accession countries integrated into the EU's migration data framework. 

This title is also available as open access.

The Case of the Interoperable Eurodac

Access to Justice and Europe’s Digital Borders

Cambridge Bioethics and Law

Surrogacy is a rapidly evolving global phenomenon that raises profound legal, ethical, and social questions. This book offers a pioneering Rights-Based Pyramid Approach, balancing adults' rights through liberty, equality, and vulnerability, to secure the best interests of children at the centre. Drawing on extensive empirical research in Sri Lanka, alongside comparative analysis of India and the UK, it provides a uniquely context-sensitive perspective on how surrogacy laws can and should respond to real-world challenges. A distinctive feature of this book is its examination of how one country's laws impact surrogacy both within and beyond national borders, shaping practices, markets, and policy responses across regions. Written in clear, accessible language, the book bridges academic and practical debates, making it essential reading for students, researchers, and professionals in law, bioethics, gender studies, social policy, sociology, psychology, and public health, as well as policymakers and practitioners seeking a comprehensive yet practical guide.

Insights from Sri Lanka, India, and the UK

A Pyramid Approach to Surrogacy Law

Hart Studies in Constitutional Law

This book articulates and defends a sceptical general account of parliamentary sovereignty.

It challenges the orthodox approach to this fundamental doctrine by making three key heretical claims. First, there are some laws that Parliament cannot make. Second, there are several ways in which primary legislation can be overridden or set aside by institutions other than Parliament. And third, Parliament has the power to bind itself as to the substance of future legislation. All three positions are developed using arguments which depend on existing legal materials and are compatible with the normative underpinnings of the doctrine of parliamentary sovereignty. 

The book combines theoretical and doctrinal analysis. The theoretical part of the book situates Parliament's authority to legislate in the broader context of an examination of constitutional and political authority. It develops a conception of the ways in which competing views on the scope of Parliament's legislative authority are mediated into law. The doctrinal part of the book reconsiders Parliament's legal position. It proposes a novel conception of Parliament's power to bind itself, rooted in the idea of commitments. It defends the existence of a judicial power to impose narrowly conceived freestanding limits on Parliament's law-making authority, rooted in the rule of law. Finally, the book examines the challenges posed to parliamentary sovereignty by the executive, Parliament's internal procedures and the devolved legislatures.

A Sceptical Restatement

Parliamentary Sovereignty

With a distinctive framework composed of “Basic Categories,” “Basic Theories,” and “International Protection,” the book constructs a comprehensive system for the general theory of intellectual property, which offers an academic summary of the most abstract, general, and fundamental issues in the field of intellectual property research.
In the section on “Basic Categories,” the analysis centers on rights as the core concept, exploring the definition, nature, characteristics, subjects, objects, utilization, limitations, and protection of intellectual property rights. This section delves into the essential components and attributes of intellectual property rights, legal relationships, operational mechanisms, as well as the scope of protection and the structural framework of the system.&nbsp;
The “Basic Theories” section focuses on the intellectual property system itself, examining its historical evolution, theoretical foundations, cultural implications, value objectives, and policy functions. This part critically evaluates the scientific validity, legitimacy, and rationality of the intellectual property system’s construction.&nbsp;
The “International Protection” section adopts a global perspective to analyze the origins, development, and transformations of the intellectual property protection system. It also provides a “Chinese perspective” on international intellectual property issues, offering unique insights into global debates. 
As the author’s most representative academic monograph, this book not only preserves the author’s long-standing theoretical insights but also incorporates the latest research findings, ensuring its relevance and depth in the field of intellectual property&nbsp;research.

Theorising Intellectual Property Rights from Chinese Perspectives

Exploring sexuality and what constitutes appropriate sexual behaviours in South Africa and Zimbabwe, this book views sexuality as an instrument of social regulation and traces the historical continuities between colonialism and current debates.A powerful look at the key elements of gender relations, post-colonial nationhood and sexual rights, this book is an invaluable legal reference resource for all those interested in the interface between sexuality, gender and the law.

The Legacy of Venus Monstrosa

Sexuality and the Politics of Rights in Southern Africa

Palgrave Studies in Classical Liberalism

“An Evolutionary Account of Law&nbsp;is a landmark contribution bridging classical evolutionary thought and cutting-edge social science. Santanatoglia masterfully integrates insights from the Scottish Enlightenment and Hayek with evolutionary game theory and cognitive science, presenting legal rules as stable strategies emerging from individual interactions rather than top-down constructs. This genuinely novel framework is essential reading for anyone seeking to understand how normative orders emerge, stabilize, and change.“&nbsp;
—Jason McKenzie Alexander, Professor of Philosophy, London School of Economics and Political Science, UK
“This very well argued book offers firstly a complete examination of the theories of justice of classical philosophers, as David Hume, Adam Smith and Friedrich von Hayek. Secondly, and more important, brings a thought provoking examination of the often neglected thesis about the influence of evolution in the sphere of law. A mandatory book for everyone interested in legal and political philosophy.”
—Martín Diego Farrell, Professor Emeritus, Law School of the University of Buenos Aires, Argentina
This book offers a comprehensive, modern understanding of legal philosophy through an evolutionary lens. Taking a highly interdisciplinary approach throughout, the book first explores the history of ‘classic evolutionism’, regarding theories of law and justice from the authors of the Scottish Enlightenment to Hayek. The second part of the book analyses the contributions of new schools of thought, including evolutionary psychology, evolutionary game theory and co-evolutionist theories. The final part of the book builds a fresh argument for a modern evolutionary account of law, considering key methodological debates and the evolution at its three levels – biological, social and individual – to explain the emergence, stabilization and change of legal rules.
This book is a timely addition to the growing interest in evolutionary thinking across the sciences, and will be of interest to a wide range of scholars including historians and philosophers of law as those interested in the intersection of law and psychology, law and economics, and the classical liberal tradition.
Eliana María Santanatoglia is a Professor in the Department of Philosophy of Law at the University of Buenos Aires, Argentina, and the co-founder and Executive Director of the David Hume Institute Foundation – Centre for Research in Normative and Institutional Evolution.

The Role of Evolutionary Thinking in Legal Theory and Philosophy

An Evolutionary Account of Law

This second edition of The Palgrave Handbook of Criminology and the Global South&nbsp;significantly expands, develops and draws together the rapidly growing research and theory about crime, punishment, security, prisons, policing, gender violence, environmental justice, island justice and justice innovations from, of and about the Global South. It addresses the hegemonic bias in the production and dissemination of criminological knowledge and covers a huge scope of research methodologies and lines of inquiry to develop a transnational criminology inclusive of the experiences and perspectives of the Global South. It includes Indigenous, critical, green, southern, feminist, counter-colonial, post-colonial and de-colonial approaches. It seeks to&nbsp;contribute to the bridging of global divides and reducing inequities with the aim to democratise criminological knowledges.

The Palgrave Handbook of Criminology and the Global South

A Model for Normative and Empirical Reasoning

Practical Reasoning

Modern Studies in European Law

This open access book adds a new dimension to the long-standing research on the co-existence of European Court of Human Rights and the Court of Justice of the EU, and their inter-related action and explicit interaction. As the two Courts are increasingly called upon to interpret corresponding rights, particularly owing to the ever-growing importance of fundamental rights in the EU legal order, the stakes intensify. Prior studies have mostly focused on the constitutional and substantive issues connected to this interaction. This book focuses on another dimension: the lesser-told yet fascinating tale of two - increasingly substantively overlapping - European-level judicial systems with their own procedures and institutional idiosyncrasies, their own terminology, and with their own epistemic communities of practitioners and scholars, and their own relationship to national law. In this collection a team of experts - academics and practitioners - from both systems bridges the gap between these two worlds of fundamental and human rights protection, investigating their commonalities and differences. They address the questions 'who can go where?', 'on what procedural roads?', 'at what speed?' and 'to what final destination?'. This book is an essential resource for anyone working or studying the protection of fundamental and human rights in Europe. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by KU Leuven.

Activating Human and Fundamental Rights Before the European Courts

Understanding China

The book comprehensively explores the origins, structure, characteristics, functions, and unique role of Chinese legal tradition within the global scope of legal culture. It adopts a thematic framework that extends across multifaceted dimensions to examine the evolution, features and impact of Chinese legal culture, breaking away from the traditional chronological approach to legal history.The book seamlessly integrates macro and micro views, bridges ancient and modern, as well as Chinese and foreign perspectives, and combines state law with folk law, and law with ethics. The content covers seven key aspects: the culture of rites and etiquettes, penal culture and practice, the culture of legal philosophies, the culture of a legal system, contractual culture, the culture of mediation, and the culture of justice. The topics encompass the origins of traditional Chinese law, the evolution of legal thoughts, the development of legal systems, the procedures and effects of legal practices, and the relationship between legal development and social change.This book is primarily aimed at legal scholars, students, and practitioners who are interested in understanding Chinese traditional legal culture. It is also intended for readers with a moderate level of education or higher, who seek to understand Chinese legal history and culture.

Traditional Legal Culture in China

Exploring the Boundaries of Law

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