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Law and Criminology (R0)

Gail Bruner Murrow

Richard W. Murrow

Neurobiological Legal Theory

Dehumanizing Hate Speech Facilitates Fascism

&lt;p&gt;A Preview of the Brain on Hate Speech.- Empathy Embodies Social and Legal &amp;ldquo;Equality&amp;rdquo;.- Neural Mechanisms of Empathy May Not Generate a Feeling of Empathy for the Dehumanized.- Dehumanized Perception May Be Encoded by Exposure to Dehumanizing Rhetoric.- Roberts&amp;rsquo;s Court&amp;rsquo;s Neuro-semantics.- AI May Breed Inequality: Both Social Bias and Income Inequality.- Conclusion: Final Observations and Recommendations.&lt;/p&gt;

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

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

Law and Practical Reason

Moral Responsibility and Artificial Intelligence

Studies in International Law

This book explores the human right to leave any country - including one's own - in international law, and its applicability to externalised migration control. It develops a framework for interpreting the right and demonstrates how various externalisation measures violate it, leading to the international responsibility of states and international organisations. Analysing the work of international and regional systems enshrining the right and examining global externalisation practices, it demonstrates the radical reform required by states and international organisations to comply with the right to leave. Implementing the author's recommendations would compel the dismantlement of many current externalisation strategies and a re-imagining of the global (im)mobility regime. This book offers compelling insights for lawyers in the fields of international law, human rights and refugee law, as well as migration policymakers, practitioners and officials.

Protecting the Right to Leave in an Era of Externalised Migration Control

Das Nebenstrafrecht ist keineswegs Nebensache: Betäubungsmittelstrafrecht, Ausländerstrafrecht, Verkehrsstrafrecht, Waffenstrafrecht und Wehrstrafrecht haben in der Strafrechtspraxis eine wichtige Bedeutung. Seit einigen Jahren wird Nebenstrafrecht an Universitäten gelehrt, bisher fehlte es aber an Ausbildungsliteratur. Der Band füllt diese Lücke und stellt das Nebenstrafrecht systematisch anhand vieler Beispiele dar: im 1. Teil die übergreifenden Fragen wie etwa Irrtumsfragen, im 2. Teil die praktisch bedeutsamsten Gebiete des Nebenstrafrechts.

Nebenstrafrecht

An acclaimed New York Times Magazine writer brings us into the world of the controversial technology firm Palantir and its very colorful and outspoken CEO, Alex Karp, tracing the ascent of Big Data, the rise of surveillance technology, and the shifting global balance of power in the 21st century. Palantir builds data integration software: its technology ingests vast quantities of information and quickly identifies patterns, trends, and connections that might elude the human eye. Founded in 2003 to help the US government in the war on terrorism—an early investor was the CIA—Palantir is now a $400 billion global colossus whose software is used by major intelligence services (including the Mossad), the US military, dozens of federal agencies, and corporate giants like Airbus and BP. From AI to counterterrorism to climate change to immigration to financial fraud to the future of warfare, the company is at the nexus of the most critical issues of the 21st century. Its CEO, Alex Karp, is a distinctive figure on the global business scene. A biracial Jew who is also severely dyslexic, Karp has built Palantir into a tech giant despite having no background in either business or computer science. Instead, he’s a trained philosopher who has become known for his strongly held views on a range of issues and for his willingness to grapple with the moral and ethical implications of Palantir’s work. Those questions have taken on added urgency during the Trump era, which has also brought attention to the political activism of Karp’s close friend and Palantir cofounder Peter Thiel. In The Philosopher in the Valley, journalist Michael Steinberger explores the world of Alex Karp, Palantir, and the future that they are leading us toward. It is an urgent and illuminating work about one of Silicon Valley’s most secretive and powerful companies, whose technology is at the leading edge of the surveillance state.

Alex Karp, Palantir, and the Rise of the Surveillance State

The Philosopher in the Valley

Global Lessons from Hungary

Academic Freedom and Authoritarianism

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

Rising Legal Metropolises and Urban Challenges

Asian Cities and the International Legal Order

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.

Legal Frameworks and Contemporary Issues

Australian Military Discipline Law

Law and Philosophy Library

International law operates under persistent normative fragmentation: specialised regimes have produced a decentralised body of norms prone to conflict. For many international lawyers, however, the debate now appears settled, buried by the International Law Commission’s work on systemic integration and the turn to regime interaction and normative pluralism. But the ghosts of fragmentation are revenants: they return precisely when the matter is believed to be settled. The triple planetary crisis of climate change, biodiversity loss, and pollution has made the haunting plain, revealing that the fractures once discussed as technical problems of consistency are symptoms of a deeper condition: a world whose ecological, legal, and political orders do not align. This book investigates how consistency is possible within a fragmented order.Rather than surveying the responses of international legal scholarship, the book offers a rational reconstruction of the concept of consistency in international law, making explicit the implicit logical structures through which legal actors reason. The book distinguishes facts, norms, and reasons as the building blocks of legal argumentation and shows how legal actors can derive statement-consistent conclusions even where the underlying norm-set is itself norm-inconsistent.International law, on this account, sustains itself not by eliminating inconsistency but by reasoning through it. Conflict avoidance operates upstream through meta-norms that affect validity and the conditions of applicability; where it fails, priority reasoning and reason-based argumentation determine which norm applies. The consistency achieved is local, provisional, and plural, but it is genuine, disciplined by constraints and accountable to the requirement of justification. The framework does not prescribe which priorities legal actors should adopt but it clarifies the grammar of the practice that instead makes these determinations. The book argues, however, that incorporating planetary boundaries as legal constraints would narrow the space of admissible outcomes in ways decisive for the planetary crisis.

International Law under the Planetary Crisis

Ordering the Fragments

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

Neurobiological Legal Theory

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