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Law and Criminology (R0)

Araceli Martins Beliato

Amanda Tavares Borges

Camilla Hage

Hate Crimes and Intolerance

Paths Toward the Effective Implementation of Human Rights in Brazil

&lt;p&gt;Chapter 1 &amp;ndash; Homophobia: Crime And Punishment Beyond Public Security.- Chapter 2 &amp;ndash; Hate Crimes Under The Lens Of Contemporary Criminology.- Chapter 3 &amp;ndash; The Historical Policing Of The Black Population And Its Necessary Evolution.- Chapter 4 &amp;ndash; Democracy In Crisis, Hate Speech, And Fake News In The Era Of Digital Capitalism.- Chapter 5 &amp;ndash; Expressions Of Hate In The Daily Lives Of Sex Workers: Stigma, Violence, And The Quest For Recognition.- Chapter 6 &amp;ndash; Yanomamis: Announced Genocide, Repeated Genocide &amp;ndash; A Warning From The Past.- Chapter 7 &amp;ndash; Femicide: A Juris-Sociological Analysis In Light Of The State Duty To Protect Women.- Chapter 8 &amp;ndash; Human Rights Defenders: Advances And Setbacks In Brazil.- Chapter 9 &amp;ndash; Transphobia And Public Security: The Quest For Recognition Of The Humanity Of Transvestigender People.- Chapter 10 &amp;ndash; Structural Racism And Its Impacts On The Brazilian Criminal Justice System.- Chapter 11 - Transphobia And Reproductive Health Of Trans Men: Who Cares?.- Chapter 12 - Systemic Gender Approach In Police Education: The Investigation Of Hate Crimes And Intolerance And Human Rights Teaching Methods.- Chapter 13 - The Ellwanger Case: An Analysis In Perspective.- Chapter 14 - Legal Pluralism And Indigenous Criminal Law: An Analysis Based On The Regulations Established By Indigenous Law.- Chapter 15 - Contemporary Resonance In The Face Of The Rise Of Racism: Notes On The Ellwanger Case.- Chapter 16 - Hate Crimes From A Structural Perspective: Intolerance As A Historical, Political, And Legal Process.- Chapter 17 - Regional Xenophobia: Attacks On Northeastern Brazil During The Presidential Elections And Freedom Of Expression.- Chapter 18 - The Conduct Of The Hater Fan In Light Of The Brazilian Legal System.- Chapter 19 - The Constitution And Sustainability Of Bullying In Childhood: The Formation Process And Its Neurophysiological, Behavioral, And Emotional Interfaces.- Chapter 20 - Intolerance And Discrimination: What Can We Say About Bullying In The School Context?.- Chapter 21 - The Holocaust And The Past That Does Not Pass: Antisemitism.- Chapter 22 - Religious Hate Speech In The Web Ecosystem: An Ethnopsychological Study In Light Of Unesco's Mil Cities Paradigm.- Chapter 23 - The Review Of Law No. 12,711/2012 (Quota Law) In Brazil: Public Policies Against Hate.- Epilogue.&lt;/p&gt;

Hart Studies in European Criminal Law

This book offers a comprehensive legal analysis of the urgent challenges posed by deepfakes, focusing on the restrictive measures proposed or introduced to address their related harms. Readers will gain a clear understanding of the harms associated with deepfakes - especially in areas like non-consensual sexualised content and political disinformation - and how criminal and digital regulatory systems are attempting to respond. From a criminal law perspective, the book offers a dual-level critique. On the one hand, criminal law is invoked for its expressive and symbolic function, particularly in response to the discriminatory and gender-based harms often associated with deepfakes, as well as the broader need to prevent systemic risks to democratic society when it comes to electoral manipulation and freedom of thought. Here, criminal law would play a vital role in affirming societal condemnation of such conduct and in acknowledging the serious impact on victims. On the other hand, its use is increasingly entangled with emerging frameworks of digital regulation, taking on a more instrumental role in defining illegal content and reinforcing standards shaped primarily by private platforms and regulatory bodies. This dual function raises fundamental questions about the legitimacy and efficacy of using criminal law-the most coercive form of state power-for purposes that extend beyond its traditional scope. Additionally, the book explores regulatory measures aimed at controlling deepfakes, considered both as AI-generated content and as harmful online material. Discussions around content moderation, transparency duties-such as labelling and watermarking-and safety by design measures are gaining attention globally, with the European Union's Digital Services Act and AI Act leading the way. The book's primary goal is to bridge the two worlds of criminal law and digital regulation through a careful and critical analysis, making it a valuable resource for a broad audience.

Harmful AI-generated Content between Criminal Law and Digital Regulation

Addressing Deepfakes

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

Modern Studies in European Law

Structural Principles of EU Law

Rising Legal Metropolises and Urban Challenges

Asian Cities and the International Legal Order

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 provide analysis of the revised guidance, with commentary explaining legislation and statutory guidance and what they mean 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 third edition includes: · Updated statutory guidance · Coverage of the removal of CBOs to the Sentencing Act 2020 · A new and complete section on "expedited" PSPOs · 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 · The Housing Ombudsman's report from January 2024 on 'Attitudes, Respect and Rights, Relationship of Equals'. This title is included in Bloomsbury Professional's Local Government Law online service.

Bhogal on Anti-Social Behaviour

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

The American criminal justice system is broken – and the problem is being compounded by our mental health crisis. After confronting the failures of these systems first-hand, Judge Steve Leifman realized that for things to improve, a radical change was necessary. In 2000, he created Florida’s 11th Judicial Circuit Criminal Mental Health Project, later renamed to the Jail Diversion Project (JDP). Uniting all facets of the criminal justice system from courts to clinics, the program has become one of the most impactful models for prison reform across the country. Complete Justice reveals Judge Leifman’s courageous and visionary efforts to successfully overhaul and restructure Miami-Dade’s mental health and criminal justice systems. The results have been nothing short of miraculous. Arrests were cut in half, the jail audit was reduced by almost half, police shootings almost stopped, and the county was able to close one of its three main jails at a savings of millions of dollars. Best of all, the results shown tin the book are replicable and scalable. Leifman has created a state-of-the-art, transferable model, the “Miami Model,” that is starting to be applied around the country in communities large and small. This highly successful initiative, consisting of both pre-arrest and post-arrest diversion programs, brings together the resources and services of law enforcement, the justice system, and community stakeholders to divert individuals with mental illnesses who commit low-level offenses away from incarceration and into community-based care. Complete Justice is the inside story of development, creation, and implementation of the Miami Model - and how it can save lives anywhere and everywhere else. Starting with a trip to a psychiatric wing of a Florida jail at age 17, through his early missteps as a young judge bumping up against convoluted the mental health legislature, the formation of the JDP and monumental report on Florida’s mental health system, and finally spotlighting courts across the country adopting his program, Leifman’s inspiring work offers kindness, insight, and real solutions to one of America’s most complex social problems.

Ending the Criminalization of Mental Illness

Complete Justice

Constitutionalism in Asia

This book uses the concept of 'constitutional moments' as a lens to study constitutional developments in 15 Asian jurisdictions in the last few decades. Whereas the theory of constitutional moments was originally developed by Bruce Ackerman in the context of American constitutional history, this book adapts and further develops this theory to elucidate and understand contemporary Asian constitutional phenomena. A broader conception of constitutional moments is developed that goes beyond Ackerman's concept of a highly-mobilised public effecting a significant transformation in the prevailing constitutional paradigm, with the 'moment' unfolding over a long duration. The chapters in this volume aim to identify key changes, developments, trends, transformations, and events that have had a profound impact on the polity and constitutional landscape, with lasting ripple effects that continue to affect recent constitutional developments of each jurisdiction concerned. Viewed collectively, these moments present a snapshot of the key issues in contemporary Asian constitutional developments. While the project of constitutionalism first began in the West, this book tells exciting stories from Asian jurisdictions as major laboratories of constitutionalism in the twenty-first century. It demonstrates that while significant progress has been achieved, the struggle for constitutionalism in Asia is still very much a work in progress, facing many trials and challenges in many places. Both hope and danger abound.

Constitutional Moments in 21st-Century Asia

This second edition of&nbsp;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, in the spatial and marginal global peripheries. It challenges the hegemonic bias in the production and dissemination of criminological knowledge and covers a huge scope of original research to develop a field of criminological inquiry inclusive of the experiences of the Global South. It includes Indigenous, critical, green, southern, feminist, counter-colonial, post-colonial and de-colonial approaches. 
The handbook promotes diverse perspectives to develop concepts and theories that bridge global divides aiming to democratise criminological knowledges. It contains 86 chapters organised into eight themes and features contributions from both emerging and established scholars from around the globe. While colonialism's impacts are most visible in former colonies of the Global South, marginalised communities also exist in the Global North. The handbook, therefore, transcends geographical boundaries by incorporating theories from the margins.

The Palgrave Handbook of Criminology and the Global South, 2nd ed

Drawing on broader legal-political discourses within the party-state and institutionalised academia, this book shines a light on one of the most controversial legal principles in Chinese criminal justice: the presumption of innocence. It argues the reasons why there is no presumption of innocence in China, tracing the curve, or evolution, of academic discourse about presumption of innocence against the backdrop of changing politics, or varying emphases on national conditions, from Mao Zedong to Xi Jinping. The book deepens our understanding of the trajectory of criminal justice reforms in the party-state and shows how the more open and liberal phases of the reform era opened up some space for pluralist views and constructive criticism. In comparison, the second wave of autocratisation of the system influenced the conception of the criminal and paved the way for an illiberal turn.

Presumption of Innocence Under China's 'National Conditions'

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

Hate Crimes and Intolerance

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