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Mishra P: Neurolaw and Criminal
Jurisprudence in India

Neurolaw and Criminal Jurisprudence in India

1. Introduction: Neurolaw's Global Emergence and India's Unique Position; 2. Foundations of Neurolaw and Neurocriminology; 3. Neurocriminological Audit of Indian Criminal Codes; 4. Reimagining Sentencing: Case for Rehabilitative and Restorative Justice; 5. Restorative Justice and Neurolaw: A Mindfulness-Based Approach; 6. Case Study: The Vipassana Prison Meditation Program; 7. Metaphysics of Neurolaw: Free Will, Determinism, and Criminal Responsibility; 8. Neurolaw and Mental Health Legislation in India; 9. Neurotechnology and the Future of Criminal Justice: India and Beyond; 10. Toward an Indian Neurojuridical Ontology: India's Contributions to Global Neurolaw

Constitutionalism in Asia

This book presents an in-depth interrogation of the theory and application of the Basic Structure Doctrine in the Federation of Malaysia. The Basic Structure Doctrine, famously introduced in the 1973 Indian Supreme decision of Kesavananda Bharati v State of Kerala AIR - which held that certain core or fundamental features in the Constitution of India could not be amended by Parliament even if it met all procedural requirements - was initially rejected when it was first argued in Malaysia in the 1975 case of Loh Kooi Choon v Government of Malaysia and lay dormant for the next three decades. Judicial winds shifted in 2010 when Malaysia's apex court, the Federal Court, cited Kesavananda with approval in the case of Sivarasa Rasiah v Badan Peguam Malaysia &amp; Anor, and observed that it was 'clear from the way in which the Federal Constitution is constructed that there are certain features that constitute its basic fabric' and that 'any statute (including one amending the Constitution) that offends the basic structure may be struck down as unconstitutional.' In a quick succession of cases, the Federal Court cemented this doctrine in Malaysia's jurisprudence and deployed it to defend the court's judicial power. These widely-publicised cases generated much debate beyond the legal fraternity and judiciary and often polarised different sectors of Malaysian society. This collection of essays responds to this extremely important debate on the limits of constitutional amendments as a form of constitution-making in Malaysia by considering the theory behind the Basic Structure Doctrine and critically examining how it has been harnessed by the Federal Court and by other political actors - most notably Islamists and secularists; and royalists and republicans - on the ground.

Themes and Perspectives

The Basic Structure Doctrine in Malaysia

Commonwealth Caribbean Law

Commonwealth Caribbean Criminal Law is a comprehensive guide to criminal law, covering the jurisdictions of Barbados, Jamaica, Trinidad &amp; Tobago, the Bahamas, and Belize, with reference also to other jurisdictions such as Guyana and the OECS member states. Written by established lecturers at the University of the West Indies, this text is an essential guide for all students of criminal law in the region.

Commonwealth Caribbean Criminal Law

Oñati International Series in Law and Society

Does parole have a future? If it does, can we begin to imagine a different path? Is progressive penal reform possible, or has the time come to consider more radical alternatives in a context where there is little, if any, consensus on the underlying aims and techniques of contemporary prison release? What does this all mean for the prisoners, families, victims and publics upon whose confidence the parole system ultimately depends? This book brings together a world-leading panel of 27 experts who draw upon insights from law, sociology, criminology and political science to explore these pressing questions. At a time when many parole systems are experiencing considerable strain, the aims of this collection are twofold: first, to encourage systematic and critical reflection on the rationalities, institutions and practices of parole. Second, to think big, and pose ambitious 'what if' questions about the possible futures of parole and prison release. Offering novel insights from Asia, Australia, Europe, North America and South America, this collection builds the case for, and then showcases, a 'way of doing' parole research that is global in outlook, interdisciplinary in approach and unapologetically normative in character.

Rationalities, Institutions and Practices

Parole Futures

Studies in Penal Theory and Ethics

This book explores the connections between punishment theory and punishment practice It shines a much-needed light on the relation between how punishment is experienced by those subjected to it (and others), and the more general consideration of what justifies punishment in the first place. Leading experts in the field weigh up what is appropriate punishment - both in quantitative and in non-quantitative ways. It explains why punishment is so difficult to justify, looks at the compatibility of modes and processes of penal sanctions, and explore how best to achieve the aspiration to set reasonable terms for future coexistence through state punishment. The book addresses key topics such as life imprisonment, what is at stake when we use prisons to punish, and how criminal offenders can be successfully integrated into society. It considers how we know whether we over-punish offenders, what we should do in response to excessive punishment, and the possibility of replacing punitive systems with non-punitive ones. Overall, the book makes a groundbreaking contribution to the philosophy of punishment, explicitly connecting general, abstract questions about the moral and political justification of punishment with empirical insight into the realities and experiences of punishment practices.

Punishment Theory Meets Punishment Practice

This groundbreaking book explores the dynamic intersections between religion as a cultural-theological construct and intellectual property as the legal framework governing creativity and innovation. Featuring contributions from over 30 leading scholars, the book examines how IP law regulates religious subject matter-sacred symbols, texts, music-and how religious traditions shape and are shaped by contemporary issues in IP law. From Islamic perspectives on trademark law to Jewish analyses of copyright and Confucian views on IP law, the book provides a multicultural lens on the interplay between faith, law, and commerce. A critical resource for IP scholars, ethnographers, theologians, and policymakers, this book offers fresh insights into the global and interdisciplinary dimensions of intellectual property, enriching both academic discourse and practice.

Cross-Cultural Intersections of Faith and Law

Intellectual Property and Religion

This text offers a comprehensive and holistic overview of the criminal justice process from the commission of an offence to resettlement or community supervision and formal exit from the process. It is designed to give students and researchers a unique insight into the criminal justice system, with a key focus on issues faced by practitioners and the impact these issues have on decision making.

This text offers a comprehensive and holistic overview of the criminal justice process from the commission of an offence to resettlement or community supervision and formal exit from the process. It is designed to give students and researchers a unique insight into the criminal justice system, with a key focus on issues faced by practitioners and the impact these issues have on decision making. This book will:<ul> <li>Cover core stages of the criminal justice process: incident report &amp; investigation; arrest and interview; charging and initial appearance; trial and sentencing; community supervision, imprisonment and resettlement;</li> <li>Follow several hypothetical cases to understand the workings of the criminal justice process and engage in decision-making or role-playing exercises at each stage; </li> <li>Critically reflect upon how practitioners undertake their roles and how these are informed by due process and cultural practices at each stage;</li> <li>Analyse the processes, decisions and information flow against criminological and socio-legal literature centred upon core themes of contemporary criminal justice.</li> </ul>Each chapter includes a reflective statement from an experienced criminal justice practitioner and questions designed to guide readers to consider its significance and relevance against academic and theoretical literature. This book is essential reading for courses on criminal justice in England and Wales.

A Practical Introduction

The Criminal Justice Process

Rethinking the Protective Principle

Extraterritorial Criminal Jurisdiction and International Terrorism

Anthem Environment and Sustainability Initiative

This book considers the value of constitutional environmental rights in protecting water resources through an examination of the legal strategies utilized by communities engaged in protracted mining conflicts, including oil sands development in the Canadian boreal forest and gold mining in ecologically sensitive, glacier-rich areas of Argentina.

Water, Oil and Gold

The Power of Constitutional Rights in Resource Conflicts

Bigamy and the Law in England and Wales, 1604-2024

Double Trouble

This volume explores in detail the use of the doctrine of good faith in the common law when interpreting contracts and resolving disputes. Building on the findings of Good Faith and Relational Contracts (Hart, 2024) the book discusses the implications of relational contract theory and good faith for issues such as liquidated damages clauses, discretion to terminate a contract, contract forfeiture, employment contracts and contractual remedies. The author discusses the potential for good faith to unite a number of currently disparate contract law and equitable principles into a coherent framework, providing an opportunity to question and jettison some archaic aspects of existing doctrine that are no longer defensible. Ambitious and thoughtful, this is a significant statement on the role of good faith in private law.

Application to Specific Principles

Good Faith and Relational Contracts, Volume 2

Criminal Practice Series

Containing comprehensive coverage of recent changes, the book deals extensively with the Fraud Act 2006, going on to explain the particular types of fraud activity that are charged, from the everyday bread and butter work that most lawyers experience on a daily basis through to the more specialist areas such as Ponzi Fraud, Boiler room fraud, insider dealing and carbon credit fraud. This new edition is fully revised with key developments including: - The meaning of 'dishonesty' as clarified by the Supreme Court in respect of civil proceedings in Genting Casinos v Ivey [2017] UKSC 67 and subsequently in respect of criminal proceedings in Barton &amp; Booth [2020] EWCA Crim 575 - The dangers of instructing experts without sufficient expertise - Dismissal of applications following SFO v Barclays Plc [2018] EWHC 3055 - Attorney General's Guidelines on Disclosure 2022 - CPIA Code of Practice 2020 - Digital material and reasonable lines of enquiry This title is included in Bloomsbury Professional's Banking and Finance online service.

Containing comprehensive coverage of recent changes, the book deals extensively with the Fraud Act 2006, going on to explain the particular types of fraud activity that are charged, from the everyday bread and butter work that most lawyers experience on a daily basis through to the more specialist areas such as Ponzi Fraud, Boiler room fraud, insider dealing and carbon credit fraud.

This new edition is fully revised with key developments including: 

- The meaning of ‘dishonesty’ as clarified by the Supreme Court in respect of civil proceedings in Genting Casinos v Ivey [2017] UKSC 67 and subsequently in respect of criminal proceedings in Barton &amp; Booth [2020] EWCA Crim 575
- The dangers of instructing experts without sufficient expertise
- Dismissal of applications following SFO v Barclays Plc [2018] EWHC 3055
- Attorney General’s Guidelines on Disclosure 2022
- CPIA Code of Practice 2020
- Digital material and reasonable lines of enquiry
 
This title is included in Bloomsbury Professional's Banking and Finance online service.

Fraud: A Practitioner's Handbook

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

Neurolaw and Criminal Jurisprudence in India

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