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Lisko K: Patently Persuasive

Patently Persuasive

Strategies for Influencing Judge and Jury, Second Edition

This open access book brings together scholars primarily from the Global South, rooted in critical legal traditions, who reflect on international law and its role in (re-)producing social hierarchies in times of crisis and catastrophe. How should legal scholars articulate critique in catastrophic times? Should critical voices tone it down, in favour of pragmatism, when faced with deteriorating social conditions, growing inequality, protracted violence, planetary collapse, authoritarianism, and xenophobia? Or are they more urgently needed than ever? Critical scholarship has long warned of the limits of international law and its complicity with structures and relations of domination and the (re)production of social hierarchies. Yet, contemporary catastrophes have led to its revitalisation as a language of both expert counsel and political demand, drowning out calls for structural change for the sake of realism and stability. This book was inspired by two distinct, yet related, developments. One is the mobilisation of, and against, law by social movements representing the interests of distinct socially constructed groups facing crisis or catastrophe. The other is the reception of, and response to, such mobilisation by international law scholars and practitioners. 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 Swiss National Science Foundation.

International Law, Critique, and Structural Change

Social Hierarchies in Catastrophic Times

Studies in the History of Tax Law, Volume 12

This book provides a commentary on the Markets in Crypto-Assets Regulation (MiCAR), a game-changing EU regulation for crypto-assets and crypto-asset services. Directly applicable in all EU Member States, MiCAR serves as a benchmark for future regulation in other jurisdictions, influencing rulemaking and crypto industry around the world. In this book, leading experts in the fields of financial law, regulation and technology examine the goals, rules and operation of MiCAR. The book explores its provisions in the broader context of current market practices, technological developments, existing financial law instruments (eg MiFID II, Prospectus Regulation, Crowdfunding Regulation and Market Abuse Regulation), court cases (eg the bankruptcies of FTX and Celsius), regulatory initiatives in the USA and the UK, as well as soft law instruments. The book is designed for anyone dealing with crypto-assets or considering entering the crypto space. This includes representatives from legal and business communities, both incumbent (banks, investment firms, investment funds) and new market players (crypto exchanges, wallet service providers, issuers of stablecoins), supervisory authorities, students and academics. The reader will gain a deep understanding of the scope and structure of MiCAR, key terms used in it, its rationale, and the main rules for issuers of crypto-assets, crypto-asset service providers and crypto-asset services.

Law and Technology

Markets in Crypto-Assets Regulation

Diverse Voices in Intellectual Property Law

This book explores human vulnerability through the lens of natural law theory. Beginning with a detailed examination of natural law ethics, centred upon the virtues (Part One), it sets out the relationship between natural law and human vulnerability. To be human is to be vulnerable; but vulnerability must itself be understood by reference to the human goods that are the central concern of natural law ethics. Such goods lie at the heart of what it means to lead a flourishing life, but they are in no way certain: goods such as health, education, the family can all be perverted or taken away by human agency or the vicissitudes of life. Part Two poses the problem of how human beings and government can build resilience in the face of these vulnerabilities. Its main contention is that the central aims of vulnerability theory, including that of state responsiveness, are pre-figured in the social teachings of the Catholic Church. These teachings provide a compelling basis for the demand that the state be more responsive to social scourges such as poverty, crime, debt and dependency. Vulnerability theorists will benefit from a new perspective on the problems that are central to their analysis; natural law theorists will profit by an enrichment and extension of their central concerns.

Natural Law, Ethics and Human Vulnerability

Available open access digitally under CC-BY-NC-ND licence. This groundbreaking volume exposes the systematic violence embedded within the UK's asylum system as experienced by unaccompanied children and young people. Drawing on innovative participatory research methodology, the authors reveal how 'hostile environment' policies create devastating 'tipping points' that transform bureaucratic processes into acts of structural violence. Through rigorous legal analysis and compelling empirical evidence, this essential text challenges readers to confront the profound human cost of hostile immigration policy while offering concrete strategies for trauma-informed reform. It is an urgent call for systemic change that will resonate with academics, policy makers and practitioners across law, social work, migration studies and human rights.

Unaccompanied Young People's Experiences of and Responses to Seeking Protection in the UK

Asylum as Violence

This research advances the field of international criminal justice by proposing a holistic framework to organize legal pluralism within the emerging four-tiered justice paradigm--domestic, hybrid, regional, and international courts. It shifts the focus from universalism to contextual organizing principles, introducing the concept of 'system of justice' to better navigate overlapping jurisdictions. The study argues that regionalism is not a threat but a vital asset to international criminal justice, and it calls for a move beyond the ICC's narrow complementarity criteria. By promoting principles like collaboration, deference and division of labour, it reimagines complementarity through a more inclusive, functional and cooperative lens.

Making Sense of the Four-Tiered Justice Paradigm

Regional Complementarity in International Criminal Law

Using an aesthetic culture and techniques termed as jihadi cool, terrorist groups have been able to recruit members from around the world, so how do we begin to respond? This book analyzes the rhetorical and ethical dynamics of a culture of jihadi cool/chic, and why these rhetorical and aesthetic techniques have been such a powerful recruitment force for particular transnational terrorist groups. The author uses an evidence-based approach, with frameworks derived from law, politics, philosophy, rhetoric, feminist theory, and communication studies, to examine various attempts to construct counter-narratives to the jihadi cool master narrative. The book closes with an examination of how to begin to respond critically and effectively to the lure of jihadi cool.

Narrative, Law, Culture, and Philosophy Against Global Jihad

Countering Jihadi Cool

Schriften zum Recht der Digitalisierung

The digitalization of civil proceedings improves the framework conditions for a structured presentation of the parties' submissions. Building on existing approaches that require the parties to structure their statements of case, Florian Grießer develops a structuring concept that generates a tabular overview of the entire procedural communication. This concept is distinguished by the fact that it grants the parties the greatest possible freedom of presentation while simultaneously enabling the spatial alignment of substantively related content. An individual sorting function, in particular, eliminates the need for the defendant to adhere to the claimant's structure-a requirement commonly found in comparable proposals. Such a structuring concept must be safeguarded through enforcement mechanisms. In Grießer's model, sanctions serve as instruments of judicial case management to achieve multiple objectives. They must be effective and, at the same time, compatible with constitutional principles, should entail only minimal administrative effort, and should impose the negative consequences of non-compliance on the responsible party or even on their legal counsel. Drawing inspiration from sanctions in English civil procedure, the author designs a three-stage, escalating enforcement system: if a request for revision remains unheeded, the party must index its submission with keywords and bear additional court and solicitor's fees. If a submission is incorrectly indexed and overlooked by the court, a preclusion sanction is imposed in the subsequent instance.
 

 The work was awarded the 2025 Doctoral Prize in Law of the University of Tübingen.

Patently Persuasive

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