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Law and Criminology (R0)

Adam D. Dubin

Frida Lyonga

Rui Garrido

Queering African Law

Identity, Inclusion and Rights Protection for LGBTQ+ People Across Africa

&lt;p&gt;Part I: Introduction: The State of LGBTQIA+ Rights Across Africa.- 1. LGBTQIA+ Rights in Africa: An Overview.- 2. Homosexuality as UnAfrican: Revisiting the Arguments and Counterarguments.- Part II. Regional Approaches to LGBTQIA+ Rights in Africa.- 1. How Queer can African Union Law be?.- 2. LGBTQI+ rights in Portuguese-speaking African countries: straddling the line between criminalisation and protection.- 3. Decriminalizing LGBTQ+ Identity and Behaviour in Commonwealth Africa: An Analysis of Human Rights Provisions and International Precedents.- Part III. Country Specific Approaches to LGBTQIA+ Rights in Africa.- 1. Beyond Criminalisation: Unveiling Power Structures in the Enforcement of Anti-LGBTQ+ Laws in Nigeria.- 2. Queer Rights in Botswana: The Impact of Letsweletse Motshidiemang v The Attorney-General.- 3. A Reflection on Uganda&amp;acute;s Anti-Homosexuality Law.- 4. Inclusion of LGBTQI rights in the Lesotho: Progress, setbacks and lessons from South Africa.- 5. Zimbabwe: The Balance Between Conservative Values and Protecting the Rights of the LGBTQIA+ Population.- 6. Rhetorical Silence: The Rwandan Legislation on Queer Rights.- 7. No one left behind? Assessment of Universal Health Care in Mozambique under the lens of sexual and reproductive rights.- Part IV. Tensions Between Culture, Constitutionalism and Queer Rights.- 2. The Nexus between Queering African Law and African traditional legal systems.- 3. The promise and limits of African constitutionalism in protecting LGBTQIA+ rights in Africa.- Part V. Colonialism, Civil Society and LGBTQIA+ Rights Education Across Africa.-1. The recognition of NGOs advocating for LGBTQ rights in the regional African Human Rights system.- 2. From Queerphobia to Queering Laws in Uganda.- 3. Realisation of the Right to Education for LGBTQIA+ Students in South African Universities: Are we There yet?.- 4. The queering opportunity of postcolonial law classrooms in decolonising public imagination.&lt;/p&gt;

'Asylum remains a hugely important area of law, deeply affecting the lives of very many people: the nation's approach to it is a touchstone of our humanity.' - from the foreword to the second edition by The Rt Hon The Lord Brown of Eaton-under-Haywood. This is the leading practitioner textbook dealing solely with the law and practice pertaining to all aspects of asylum in the UK. It is a decade since the last edition published, since when much has happened in this area, with the most significant being Brexit. The third edition will be the first post-Brexit refugee practitioner work. It will also give full consideration of the impact of the Nationality and Borders Act 2022 on practice and procedure. The third edition covers: - Credibility assessment: UNHCR and Beyond Proof, language analysis, family tracing, assessing belief and sexuality - Assessing risk: assurances, shifting burdens of proof and duties of enquiry, the relevance of inability to return - Persecution: conscientious objection, future expression of fundamental rights - Developments in the understanding of vulnerability: the interaction of refugee law with trafficking, statelessness and gender preference issues - Exclusion for wrongdoing, for access to rights akin to nationality, and for non-UNHCR protection - Cessation of status: family members, change of circumstances, and relevance of internal relocation - Third country cases: returns under and beyond Dublin 3, third country returns post-Brexit - Procedures - asylum claims in detention, delays in determining claims, family reunion This title is included in Bloomsbury Professional's Immigration and Nationality Law online service.

The leading practitioner textbook dealing solely with the law and practice pertaining to all aspects of asylum in the UK. 

The third edition gives full consideration of the impact Brexit, the Nationality and Borders Act 2022 and the Illegal Migration Act 2023 on practice and procedure, covering:
- Credibility assessment
- Assessing risk
- Persecution
- Developments in the understanding of vulnerability
- Exclusion for wrongdoing, for access to rights akin to nationality, and for non-UNHCR protection 
- Cessation of status
- Third country cases
- Procedures 

This title is included in Bloomsbury Professional's Immigration and Nationality Law online service.

Asylum Law and Practice

Examines whether the rule of law can endure without its natural law and metaphysical foundations, arguing for a renewed, human-centered legal order grounded in objective moral principles and capable of addressing contemporary challenges such as AI, technocracy, and decolonization.
This provocative interdisciplinary volume addresses a mounting global crisis: the erosion of the rule of law in an increasingly secular and technological world. As societies move into what the authors call the "fourth era" of legal history, the rule of law is frequently reduced to a mere "toolkit" for elites or a "checklist" for bureaucratic efficiency, stripped of its deeper moral and transcendent roots. The book explores a vital question: can legal systems remain just when they are "truncated of transcendence" and disconnected from a higher moral order? By sifting through the legacies of legal giants like Lon Fuller and theologians like Karl Barth, the contributors argue that a purely procedural "inner morality" is insufficient to protect human dignity against authoritarian relapses or the cold logic of "technocratisation." 
Central to the book's unique vision is a multivalent, pluralistic re-envisioning of global norms. Drawing on the Christian philosophy of Herman Dooyeweerd, specifically his concept of "sphere sovereignty," the authors propose a framework where diverse religious and secular traditions can collaborate without sacrificing their distinct identities. This approach offers a powerful way to decolonize the rule of law, moving away from "one-size-fits-all" Western impositions toward a culturally sensitive synthesis of universal principles and local traditions. 
The text also tackles the controversial relationship between Natural Law and the 10 Commandments, debating whether positive laws should be grounded in "naturally knowable" truths or specific religious revelations in a pluralistic state. 
Looking toward the future, the authors issue a stark warning against the rise of Generative AI (GenAI) in legal adjudication. They argue that replacing human value judgments with machine-driven algorithms threatens to eliminate the discretion and relational interaction essential to true justice. To counter this, the book calls for educational reform and a shift toward "principled legal education" that prioritizes ethics, restorative justice, and a "facts first" approach. Ultimately, this work is a call to action for legal professionals, theologians, and the public to reclaim law as a framework for human flourishing-a "language of love" between the divine and the human that protects the vulnerable from the arbitrary exercise of power.

Reclaiming Justice Through Natural Law

The Rule of Law, Human Dignity and the Future of Democracy

International Studies in the Theory of Private Law

Constitutional Rights in Private Law

This book offers a pioneering and deeply insightful examination of one of the most challenging dilemmas in contemporary counterterrorism and international law: how to legally and morally assess the responsibility of female suicide bombers affiliated with terrorist groups such as Boko Haram. It exposes a critical legal blind spot where female bombers are caught in a 'grey zone' - neither fully prosecuted nor released - due to conflicting norms around gender, victimhood and terrorism. Drawing on extensive research including interviews, case studies of failed suicide bombers, and legal analysis of terrorism cases, it develops a novel culpability framework that moves beyond simplistic notions of guilt or innocence. By exploring the complex spectrum of moral and legal responsibility, this framework offers a much-needed tool for policymakers, judges, practitioners, academics and students dealing with terrorism, war crimes and transitional justice. It challenges prevailing gender stereotypes that often either criminalise women excessively or excuse them arbitrarily and instead provides a nuanced approach that recognises female bombers as individuals whose actions range from coerced victimhood to accountable perpetrators. More than a legal study, this book humanises the lived realities of women involved in violent extremism and highlights the urgent need for legal systems worldwide to adapt. It is essential reading for scholars, legal professionals, policymakers, and anyone interested in terrorism, gender, human rights and international justice.

Gendered Dimensions of Responsibility

Culpability in Terrorism Law

Perspectives from Law, Social Sciences, and Humanities

Radical Narratives of Assisted Reproduction

Legal Frameworks and Contemporary Issues

Australian Military Discipline Law

Routledge Advances in Minority Studies

Norms, Actors and Strategies

Minority Rights and Social Change

This book offers an alternate trajectory for EU copyright law. Building on cultural norms in creative communities to reuse, recreate and share, the book proposes a more holistic approach to reconcile conflicting copyright interests. Drawing upon Niklas Luhmann's system theory, John Dewey's theory of art and feminist data theory, it advocates access to, and care within, creative communicative spaces, such as social media platforms or artificial intelligence (AI) data infrastructures, to safeguard creativity and cultural production online. Following a comprehensive assessment of current EU copyright law and related regulation, it proposes a rebuttable presumption of artistic communication to account for the nature of communication between authors, users and the public that safeguards creative reuse. The book isolates the question of remuneration, particularly in AI context, as one of collective socio-cultural value to address wider harms through a cultural commons existing on the border of the EU copyright system. Reflecting on traditional copyright concepts such as authorship, consent and remuneration alongside more novel legal structures like a right of collective informational self-determination, Reshaping EU Copyright Law to Support Creativity Online provides a foundation to reshape how the EU copyright system and its regulatory neighbours adequately respond to new forms of creativity, dissemination, and its use.

Offers an alternate trajectory for EU copyright law to adequately respond to new forms of creativity

Creative Reuse

Reshaping EU Copyright Law to Support Creativity Online

The Laws and Principles of Secondary Liability

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

Co-production in Youth Justice offers both theoretical contributions and empirical evidence to shed light on the extent and nature of participatory and engaging practices within the field of youth justice.Examining co-production initiatives from different youth justice systems, this book demonstrates how co-production connects with lived experience, trauma-informed practice, creative research methods, and child-friendly practices. It illustrates new ways of viewing and working with children and young people in conflict with the law, including the extent to which they can influence youth justice systems. It also offers new insight into under researched areas, such as creative co-production with Black and Mixed heritage children, and child-friendly forms of co-production within the context of Violence Reduction Partnerships.Co-production in Youth Justice is an important new resource for students and scholars within criminology and criminal justice, as well as professionals working within youth justice services, relevant charities, and inspectorates.

Co-production in Youth Justice

Hart Studies in Constitutional Theory

This book provides a novel judicial framework for receiving and considering religious and cultural claims in shaping human rights in constitutional secular democracies. It does this through an extended case study of the Indian constitutional jurisprudence. Abortion and surrogacy, LGBTQ + rights, sex work and euthanasia are arguably the most controversial human rights issues of our time. They all invite passionate religious and cultural debate but are not themselves religious or cultural rights issues. Instead, they pose a fundamental constitutional question: How far can religion and culture go in shaping general human rights in secular constitutional democracies? Moving beyond the logic of individual rights, this book provides an integrated and holistic approach to answering this classic question of constitutional law. To do this, it proposes an innovative empirically backed normative-theoretical framework which synthesises insights from cultural psychoanalysis, feminist legal scholarship, socio-legal method, constitutional law, evidence law, and political theory. It looks at a unique constellation of cases belonging to eight different human rights themes covering the period since India's independence in 1947 and systematically analyses the religious and cultural claims made in those cases. It finds that in India, a more holistic approach to answering our classic constitutional puzzle requires a simultaneous consideration of three different theories: A theory of constitutional interpretation which formulates restrictions on a judge considering religious and cultural claims in fundamental rights cases; A theory of judicial notice which determines when such claims can be admitted without proof; A theory of secularism and public reason which argues that the claims must be given weight in the final decision only if they match defensible conceptions of constitutional values. The book develops these theories and applies them to the Indian cases, providing an innovative approach to an age-old question.

With God as our Witness

Religion, Culture, and Human Rights in India

Queering African Law

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