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Law and Criminology (R0)

Eduardo C. B. Bittar

General Theory of Law

New Challenges, Current Issues and Innovative Approaches

&lt;p class="MsoNormal" style="margin-bottom: 0cm; line-height: normal;"&gt;&lt;span lang="EN-US" style="mso-ansi-language: EN-US;"&gt;1 The Historical Genesis of The (General) Theory of Law, and Beyond: Origins, Autonomy and Methods &lt;em&gt;by Ana Margarida Sim&amp;otilde;es Gaud&amp;ecirc;ncio.- &lt;/em&gt;2 The Metascientific Discourse of the General Theory of Law: The Relationship between General Theory and Special Theories &lt;em&gt;by Eduardo C. B. Bittar.- &lt;/em&gt;3 &amp;lsquo;New&amp;rsquo; Questions Concerning the Experience of the Legal System and the Problem of the Sources of Law or the Place and Claims of an Internal Critical Approach: Going Beyond the Possibilities of a General Theory of Law &lt;em&gt;by Jos&amp;eacute; Manuel Aroso Linhares.- &lt;/em&gt;4 Uncertitudes and Unpredictabilities in the Legal System: The Application of the Law under Discussion &lt;em&gt;by Pierre Moor.&lt;/em&gt;&lt;/span&gt;&lt;/p&gt;

Palgrave Studies on Sentencing

This edited collection provides an international collection of essays addressing the most important challenge confronting courts in all jurisdictions, common and civil law: how can we restrict the use of imprisonment to avoid unnecessary human and fiscal costs? Different court systems have devised a range of approaches but few have worked. This book&nbsp;represents no fewer than 12 jurisdictions&nbsp;including both civil and common law countries and includes chapters from legal scholars and philosophers and empirical researchers. This book speaks widely, given the interest in the use of custod, and the pressing need to reduce prison costs.

International Perspectives on Structuring and Restricting the Use of Imprisonment

Who Goes to Prison?

This book explores the major theories of common law adjudication and presents a new theory of adjudication. It shows that the existing major theories of common law adjudication each capture only part of what occurs in actual court proceedings. It presents a new theory of adjudication that incorporates both useful and modified elements of these theories. The new theory itself comprises two parts: first, an attitudinal aspect based on institutional values; and second, a number of practical and theoretical factors which give concrete expression to those values. Throughout the book, the author draws on his prior experience both as a law professor and as a judge in his country's highest appellate court in order to provide a unique perspective that illustrates this new theory.

Integrating Theory and Practice

Towards a New Theory of Adjudication

This book discusses some of the most important issues facing administrative law and related doctrines. Leading public law scholars from across the common law world have contributed chapters to recognise the exceptional scholarship and career of Matthew Groves, Distinguished Professor at Deakin University, Australia. Over the last century, the power of the administrative state has grown immensely and the scope of administrative law as a field of inquiry has grown with it. This collection of essays provides an up-to-date analysis of some of the most important issues in administrative law in the 2020s, including: access to justice issues; the role, purpose and future of ombuds institutions and tribunals; government liability within and beyond judicial review; integrity bodies; 'lawfare'; the role of policies in government decisionmaking; and the tension between military and civilian systems of justice. These topics have been central to the work and career of Matthew Groves. Readers interested in public law - whether practitioners, researchers or students - will discover a wealth of engaging and thought-provoking considerations of the most topical current issues in administrative law by a selection of prominent academics.

Essays in Honour of Matthew Groves

Controlling the Administrative State

Hart Studies in Comparative Public Law

Theory, Practice and Problems

Automation in Governance

SpringerBriefs in Law

This book explores the concept of good citizenship, exploring how it can be nurtured and its implications for civics education, constitutional structures, and political leadership. Amidst concerns about a crisis of democracy, characterized by declining citizen engagement and confidence in political processes, the book begins by defining “good citizenship.” It traces the concept’s evolution from ancient times to the present, highlighting the values that underpin good citizenship in a society based on the value of human dignity. The book then examines how voter disengagement can be linked to shortcomings in civics education, particularly the failure to teach students not only the mechanics of a country’s constitution but also the values underlying it. It discusses the role of constitutional design in fostering good citizenship, arguing that shortcomings in a constitution, such as an electoral system that does not accurately reflect votes in seats, the failure to protect human rights and inadequate mechanisms to ensure executive accountability, erode citizens’ trust in the political system. Furthermore, the book addresses how political leadership that prioritizes emotional appeals over reason and partisan interests over the public good contributes to voter disengagement and a loss of confidence in the political system. By adopting a comparative approach and drawing on examples from various jurisdictions, the book offers valuable insights and practical guidance for enhancing good citizenship. This comparative analysis not only broadens the book’s appeal but also enhances its marketability, making it a significant resource for understanding and improving democratic engagement.

This book explores the concept of good citizenship, exploring how it can be nurtured and its implications for civics education, constitutional structures, and political leadership. Amidst concerns about a crisis of democracy, characterized by declining citizen engagement and confidence in political processes, the book begins by defining “good citizenship.” It traces the concept’s evolution from ancient times to the present, highlighting the values that underpin good citizenship in a society based on the value of human dignity. The book then examines how voter disengagement can be linked to shortcomings in civics education, particularly the failure to teach students not only the mechanics of a country’s constitution but also the values underlying it. It discusses the role of constitutional design in fostering good citizenship, arguing that shortcomings in a constitution, such as an electoral system that does not accurately reflect votes in seats, the failure to protect human rights and inadequate mechanisms to ensure executive accountability, erode citizens’ trust in the political system. Furthermore, the book addresses how political leadership that prioritizes emotional appeals over reason and partisan interests over the public good contributes to voter disengagement and a loss of confidence in the political system. By adopting a comparative approach and drawing on examples from various jurisdictions, the book offers valuable insights and practical guidance for enhancing good citizenship. This comparative analysis not only broadens the book’s appeal but also enhances its marketability, making it a significant resource for understanding and improving democratic engagement.

Civics Education, Constitutional Structures and Political Leadership

Cultivating Good Citizenship

This book celebrates the life and legacy of one of Ireland's greatest ever jurists - Gerard Hogan. Across his career as an academic, Advocate General at the Court of Justice of the European Union, and judge of the High Court, Court of Appeal, and Supreme Court of Ireland, Gerard Hogan has had a profound influence on public law. He is widely regarded as Ireland's leading legal scholar, particularly in constitutional law, administrative law, and EU law. The volume in his honour focuses on the central role of courts in public law. It examines how courts shape constitutional systems, interpret legislation, hold public authorities accountable, and protect rights, while maintaining the balance between the executive, legislature, and citizens. Drawing on themes developed in his scholarship, opinions, and judgments, the book addresses issues such as judicial review, constitutional oversight, the rule of law, and the relationship between judicial independence, public confidence, democracy, and accountability. It also considers comparative and global perspectives on how courts perform these functions across different jurisdictions. Reflecting on Gerard Hogan's enduring contributions to debates on judicial review, separation of powers, fundamental rights, and judicial decision-making, the book serves as both a tribute and a lasting scholarly resource. At a time of ongoing constitutional challenges in Ireland and across Europe, it offers a timely reflection on the principles of public law that Gerard Hogan has shaped over several decades, both on and off the bench.

Liber Amicorum in Honour of Gerard Hogan

Public Law and the Centrality of Courts

CPG Series of Comparative Constitutional Law, Politics and Governance

Current Developments and Challenges

Public Law in Asia

This book defines the substance over form doctrine in Tax Law and sets clear limits on its application within the Brazilian Constitutional Tax System. Grounded in Brazilian constitutional principles and illustrated with case examples, the analysis develops a general framework that is extensible to other liberal democracies, testing the doctrine’s compatibility with constitutional principles while delineating boundaries for legitimate use. Drawing on a paradigmatic case from Brazilian Tax Law, Chapter One offers a precise definition of the substance over form argument and examines each component to distinguish it from accounting based approaches to taxation, debates on the relationship between Tax Law and Private Law, the defeasibility of tax rules, the rejection of qualification nominalism, and the principle of material truth; it also maps points of contact with interpretations of “form” as requirements for the existence or validity of legal transactions or as essential elements of those transactions, and presents multiple examples of the doctrine’s use in Brazilian Tax Law. Chapter Two critically refutes three common justifications for the prevalence of substance over form in Brazil—broad notions of simulation, the principle of contributive capacity, and economic substance—and then analyzes eight constitutional principles that favor a priori formal qualification criteria in tax matters: the rule of law, democracy, separation of powers, legality, legal certainty, human dignity, freedom, and equality. Chapter Three outlines practical limits on substance over form arguments by identifying preference rules for resolving conflicts among qualification criteria for facts, acts, and legal transactions in Brazilian Tax Law—whether in “form versus form” or “form versus substance” structures—thus providing a rigorous, constitutionally grounded roadmap for courts, tax authorities, and practitioners focused on Brazilian Tax Law, the Constitutional Tax System, economic substance, formal qualification, and legal certainty. Chapter Four compares the definition and criteria for applying the substance-over-form argument, as established in light of examples from Brazilian Tax Law, with key cases of this argument’s application in other countries. The aim is to outline, even if only preliminarily, the limits of the applicability of the theses presented in this work to other legal systems.

Form and Substance in Tax Law

The book explains the most significant cases and jurisprudence emerging from the 32-year record of the judicial institutions highlighted in the book. It engages the readers with the human stories behind the legal rulings so that the context and drama are properly introduced and understood. We will describe the principles of international law emerging from and being strengthened by the jurisprudence of tribunal judges. These include: the legal authority of the UN Security Council, the UN General Assembly, and regional organizations like the European Union and the Council of Europe to create&nbsp;
 ad hoc
 or hybrid war crimes tribunals; greater precision and context in defining each category and listing of atrocity crimes, including the full range of genocide and torture and when either crime encompasses rape, the range of situations that constitute genocide and crimes against humanity, forced marriage as a crime against humanity, torture as a 
 jus cogens
 principle, hate speech as persecution, and enslavement; elaborating modalities of individual criminal responsibility about command responsibility, aiding and abetting, and co-perpetration or joint criminal enterprise; developing new principles regulating non-international armed conflicts and the status of non-state groups under international law; establishing clearer intent (
 mens rea
 ) requirements for crimes against humanity and genocide; applying judicial notice to confirm the obvious reality that atrocity crimes on a massive scale occurred in a particular situation; establishing a broad range of human rights protections and the responsibility of states to ensure their enforcement.
 This book tells the story of pathbreaking developments in select cases litigated before the International Court of Justice, five special purpose atrocity crimes tribunals, the International Criminal Court, and the European, Inter-American and African human rights courts, as well as what to anticipate with the newly-created Special Tribunal for the Crime of Aggression against Ukraine. The protection of human rights as an obligation of national governments is reflected in major cases of the European Court of Human Rights, the Inter-American Court of Human Rights, and the African Court of Human and Peoples’ Rights.

The Story of Modern International Justice, 1993-2025

Law and the Digital Economy: Unlocking Data through Regulation in Brazil and the European Union examines one of the defining legal and policy challenges of the digital age: how to unlock the economic and social value of data without compromising fundamental rights, competition, or trust. Comparing the regulatory approaches of the European Union and Brazil, the book argues that the future of the digital economy depends not only on protecting personal data, but also on creating governance structures that enable its safe, legitimate, and interoperable use. It explores the interaction between the GDPR, the LGPD, the Digital Markets Act, the Data Act, competition law, consumer protection, and emerging AI regulation, showing how fragmented legal regimes can hinder innovation while reinforcing market concentration.
 
 Drawing on legal theory and regulatory practice, the book examines how artificial intelligence, digital platforms, gatekeepers, and data-driven business models are reshaping markets and public institutions. It proposes practical legal and institutional solutions to promote data portability, interoperability, and responsible data sharing, while highlighting the need for coordinated and innovation-oriented digital governance. Essential reading for scholars, policymakers, regulators, legal practitioners, and professionals working in digital governance, privacy, competition law, and AI regulation, Law and the Digital Economy provides timely insights into building trustworthy, competitive, and data-driven digital ecosystems.

Unlocking Data through Regulation in Brazil and the European Union

Law and the Digital Economy

Great Debates in Law

This textbook introduces students to key questions and debates of advanced legal concepts and encourages deeper thought and understanding.

This textbook introduces students to key questions and debates of advanced legal concepts and encourages deeper thought and understanding.

Great Debates in Public Law

Cambridge Studies in Constitutional Law

South Africa presents the perplexing paradox of arguably having the most progressive Constitution in the world, marked by full-throated socio-economic rights protection, while also being one of the most unequal countries in the world. This book takes seriously increasing sociopolitical challenges to the legitimacy of South Africa's post-apartheid legal order and scorching critiques of the constitutional settlement, against which many in the legal establishment bristle. Sindiso Mnisi develops 'Alter-Native Constitutionalism,' which is distinguished by equitable amalgamation of customary and common law with vernacular (or 'living') law, as a more compelling and just model for South Africa to adopt in its future than the legal pluralism that largely represents the afterlives of colonialism. This book draws on and contributes to international debates about the role of law in decolonising post-colonial orders and economic redistribution, addressing issues of poverty and inequality, gender, race, indigeneity, and customary vs vernacular law.

Common-ing ‘Common' Law, Transforming Property in South Africa

Alter-Native Constitutionalism

General Theory of Law

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