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Law and Criminology (R0)

Gergely Gosztonyi

Gergely Ferenc Lendvai

Legal and Ethical Issues of Chilling Effect

&lt;p&gt;So, what is the Chilling Effect? &amp;ndash; (Re)Conceptualising the Phenomenon of the Chilling Effect in the Context of Legal Doctrine and Social Perception.- Part I Chilling Effect and the Law: A General Account and the Overall Picture.- Chilling effects theory and research as a field of study.- Global Standards on the Chilling Effect: A Comparative Analysis of the Case Law from the African, European, and Inter-American Human Rights Systems.- Chilling Effect: Caution, Please Handle with Care.- The Chilling Effects of Foreign Agent-Style Laws.- Chilling Effect and Fake News Laws: Lessons from East and Southeast Asia.- Digital Protectionism Measures on Internet Content: A &amp;ldquo;Carte Blanche&amp;rdquo; Justifying Interference with Human Rights.- Part II The Quiet Oppression: Chilling Effect in the Global South.- Silenced Voices: The Chilling Effect&amp;rsquo;s Psychological and Professional Aftereffects on Kenyan Journalists.- State Suppression and Press Freedom in Iran: The Impact of Censorship and Self-Censorship on Free Expression.- The Great Chill &amp;ndash; unpacking temporary and long-term chilling effects on digital LGBT+ advocacy in the wake of the Ugandan 2023 Anti-Homosexuality Act.- The Populist Assault on Free Speech: Chilling Effect on Freedom of Expression in North Macedonia.- Geopolitics, State Control, and the Chilling Effect: Chinese Academic Responses to the Russia-Ukraine War.- Framing Silence: Independent Filmmaking Under Censorship in China.- Press Freedom and the Protection of Journalistic Sources Under Fire: The Case of the Belgian Federal Police Raids on the Kurdish Televisions Channels Sterk TV and Medya Haber (Medya News).- Part III The Triangle of Frozen Speech: Academia, Journalism, and Activism.- Western Academic Gatekeeping and the Chilling Effect on Decolonial African Research in Sociology and Sociolinguistics.- The Internal Chill: How Institutional Factors Impact Academic Freedom.- Empowering Youth: Institutional initiatives and Online Campaigns to Counter Hate Speech in the Southeast Europe.- From Advocates to Targets: Chilling Effects of Red-Tagging on Peace Advocates in Mindanao, Philippines.- Part IV Beyond Morality: Ethical Dilemmas of the Chilling Effect.- Cancel Culture and the Impact on Freedom of Expression: A Civil Right or an Instrument of Exclusion?.- Artistic Expression and Chilling Effect.- The Chilling Effect of Media Manipulation and the Existential Threats It Creates Through Systematic (mis)Information, (dis)Information, and Stochastic Terrorism.&lt;/p&gt;

International Law in Asia

This book fills a critical gap in research on the shipbreaking industry by analyzing the shortcomings of current international and domestic laws. It argues that existing frameworks, such as the Hong Kong Convention and Basel Convention, are insufficient in protecting workers' health and safety, as evidenced by ongoing fatalities and work-related diseases in South Asia's shipbreaking industry.

The book proposes a new framework that goes beyond prevention to include compensation, holding international shipowners accountable for the harm caused to workers. This includes introducing a Shipbreaking Liability Certificate (SLC) and accompanying insurance, ensuring that affected workers or their families receive compensation. Drawing on lessons from other industries with successful regulatory changes, the book suggests that these measures be adopted under a legal framework supported by the International Maritime Organization (IMO).

In addition to its practical recommendations, the book contributes a new theoretical approach by applying rectificatory global justice to the issue of shipbreaking, an area largely unexplored in existing literature. The combination of legal analysis and case studies provides a strong foundation for the proposed civil liability framework, offering a comprehensive solution to the challenges faced by the shipbreaking industry. This book is essential reading for anyone involved in the shipbreaking industry, from policymakers and legal experts to shipowners and international organizations.

Developing a Framework for International Legal Accountability

Worker Injustices in the South Asian Shipbreaking Industry

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

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.

From Protection to Coercion

The Limits of Positive Obligations in Human Rights Law

Global Challenges in the Environmental Humanities

Adopting a multidisciplinary approach to climate adjudication, this book addresses how adjudicators decide cases by considering the influence of psychology, philosophy, legal education, film, literature, political economy, political ecology, judicial appointments, history, and climate science on their decision-making and ultimately on the (inconsistent) outcomes in climate cases. Drawing upon the humanities, science of climate change and/or social sciences to identify extra-legal factors that may drive the decision-making processes and outcomes of climate cases, this book uses case studies from different jurisdictions across the globe, addressing climate cases decided or pending in Africa, Asia, Europe, Latin and North America, and Oceania. In all, the volume will: - Engage with extra-legal influence to how show judges and arbitrators make their decisions in climate cases, shedding light on the inconsistent responses that climate cases have generated so far - Challenge assumptions of legal universalism, by recognising differences in how the law works in various - Inform actors involved in climate litigation (lawyers, judges, arbitrators, disputants), policymakers, and the public about how cases are decided

Multidisciplinary Perspectives

Adjudicating Climate Change

Millions of individuals worldwide struggle to understand and assert their legal rights without legal representation. Equalizing Justice examines how AI and other technologies can address this access to justice crisis by providing unrepresented litigants with knowledge and skills traditionally available only through lawyers. This volume takes a needs-first approach, identifying tasks that unrepresented litigants must complete and mapping specific technologies to each task, such as generative AI, computational logic, and document automation. The book highlights real-world applications, demonstrating proven impact, and presents case studies and interviews to explore both the potential positive outcomes and potential challenges of AI for access to justice. Equalizing Justice proves that AI technologies offer unprecedented opportunities to create equitable justice systems serving everyone, not just those who can afford representation. The volume argues for legal AI assistants as a public good that should be accessible to all.

Harnessing AI for Litigants Without Lawyers

Equalizing Justice

Human Rights Law in Perspective

This book makes a new and original contribution to the old debate about differences between socio-economic and civil and political rights, which has engaged human rights discourse over several decades. Although scholars and practitioners now agree that these categories are more alike than originally assumed, they continue to delineate them based on the alleged difference between immediate and progressive realisation. The book asks whether this differentiation is still valid by exploring the historical and theoretical background, the text of relevant UN human rights treaties, and the practice of the UN human rights committees. By so doing, it shows that the standards of realisation converge more than diverge and that this last remaining distinction should be abandoned. Human rights lawyers, advocates, practitioners and policy makers will find this book invaluable as it brings much needed clarification to this key question.

Immediate and Progressive Realisation in International Human Rights Law

The instant Sunday Times bestseller, updated with a new introduction 'Few books are as urgent as Shon Faye's debut ... Faye has hope for the future - and maybe so should we' Independent 'Unsparing, important and weighty ... a vitally needed antidote' Observer 'A moving and impressively comprehensive overview of trans life' Vogue Trans people in Britain today have become a culture war 'issue'. Despite making up less than one per cent of the country's population, they are the subjects of a toxic and increasingly polarized 'debate' which generates reliable controversy for newspapers and talk shows. This media frenzy conceals a simple fact: that we are having the wrong conversation, a conversation in which trans people themselves are reduced to a talking point and denied a meaningful voice. In this powerful new book, Shon Faye reclaims the idea of the 'transgender issue' to uncover the reality of what it means to be trans in a transphobic society. In doing so, she provides a compelling, wide-ranging analysis of trans lives from youth to old age, exploring work, family, housing, healthcare, the prison system and trans participation in the LGBTQ+ and feminist communities, in contemporary Britain and beyond. The Transgender Issue is a landmark work that signals the beginning of a new, healthier conversation about trans life. It is a manifesto for change, and a call for justice and solidarity between all marginalized people and minorities. Trans liberation, as Faye sees it, goes to the root of what our society is and what it could be; it offers the possibility of a more just, free and joyful world for all of us. 'Fundamentally not a culture-war book. It operates outside the narrow coverage of trans people in the mainstream, and lays bare the inarguable facts' New Statesman 'Monumental and utterly convincing - crystal clear in its understanding of how the world should be' Judith Butler

An Argument for Justice

The Transgender Issue

Palgrave Advances in Child Justice

Drawing on more than a decade of ongoing work as an educator in a small juvenile justice centre (JJC) in northern Spain, the author offers a uniquely situated perspective on juvenile justice. Through personal reflection and scholarly insight, he examines broader questions of children’s and young people’s emancipation, connecting these concerns to his work as a children’s rights scholar.
Cordero Arce's&nbsp;book explores what it means to pursue emancipation in contexts shaped by overlapping forms of coercion, highlighting the central role of relationships in that pursuit. It provides a critical toolbox for practitioners, researchers, and others approaching juvenile justice and its educational claims with a reflective, questioning lens. Bringing together personal experience, professional practice, and academic analysis, it offers a rare and compelling contribution to debates on youth, rights, and justice.

Coercion, Relationships, Emancipation

Sketches from a Juvenile Justice Centre

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

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.

Working and Homeless in America

There Is No Place for Us

Swedish Studies in European Law

How should EU law respond to emergencies? More specifically, to what degree can fundamental rights be suspended in order to respond to an unprecedented crises? These questions are at the core of this open access book, asked initially in response to COVID-19 and its resulting restrictions but then as a more general conceptual examination. It looks at the question over five parts; opening with two general aspects: constitutional law and governance. It then takes a more applied approach, looking at three case studies: migration, climate change, and, of course, the COVID-19 pandemic. Fascinating, insightful and considered, it ensures lessons can be learnt. 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 the Swedish Studies Network.

The Case of Covid-19, Climate Change and Migration

Emergency and EU Law

"In one wide-ranging volume, Lambert and the country reporters demonstrate that law can not only keep up with technological change, but can in fact stay well ahead by anticipating upcoming questions. This comprehensive comparative reference will be invaluable for lawyers and students." (Professor Joshua Fairfield. Washington and Lee University School of Law, Review of a previous edition) Bringing together a global team of authors, the International Handbook of Social Media Laws covers the law relating to social media across 34 countries in total. From influential social media defamation cases in Australia, to tweeting from court, and regulations enforced by the UK's Online Safety Act 2023, this book clearly articulates the main legal issues and developments across various legal jurisdictions, to ensure a company's social media presence is fully compliant with the law of each country. The third edition has been fully updated to incorporate new criminal and civil case law, and covers topics including: - Online abuse, online bullying and cyberbullying laws - Laws or rules specific to children and social media - Bans or restrictions on the use of, or access to, the internet or social media, including the influential TikTok, Inc. v. Garland case in the US - Use of social media as evidence in courts - Hacking and data breach laws. Contributors to the volume each provide coverage of their own country, ensuring the volume is both authoritative and practical. Countries represented include: Argentina, Australia, Belgium, Brazil, Bulgaria, China, Czech Republic, Denmark, El Salvador, Estonia, Finland, France, Germany, Greece, Hungary, India, Ireland, Italy, Malta, Mexico, New Zealand, Norway, Senegal, Serbia, Singapore, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan, United Kingdom, United States and Uruguay. This title is included in Bloomsbury Professional's Intellectual Property and IT online service.

International Handbook of Social Media Laws

Legal and Ethical Issues of Chilling Effect

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