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Law and Criminology (R0)

Samantha Fletcher

Revisiting Class Struggle

State Power, The Occupy Movement, and The Authoritarian State With a Democratic Alter-Ego

&lt;p&gt;Part 1 Class Struggle in Contemporary Times.- 1 State Power and Class Struggle in the Advanced Capitalist State.- 2 &amp;lsquo;It&amp;rsquo;s not a protest, it&amp;rsquo;s a process: The emergence of the Occupy movement and the &amp;lsquo;return&amp;rsquo; of class struggle.- Part 2: The Organizing Role of the State.- 3 Ideological inculcation, concessions, and contradictions.- 4 Repression inculcation, concessions, and contradictions.- Part 3: Seeking Change in the Face of Contemporary State Power: the question of alliances in class struggle.- 5 The question of alliances in class struggle.- 6 Finding process in protest Conclusion.&lt;/p&gt;

Palgrave Socio-Legal Studies

This book examines the relationship between LGBTIQ communities and law in Australia from colonial times to the present day, with a particular concentration on the last 40 years. Using a socio-legal analysis that combines legislation, case law, media reports, policy materials and government data, it traces the historical shift from criminalisation and erasure to conditional legal recognition. The book develops a critical queer perspective, analysing how sexual and gender minorities moved from being classified through the figure of the criminal ‘homosexual’ to being recognised as members of LGBTIQ communities with a status of almost legal equality. Structured historically, its chapters examine distinct phases of legal reform, governance and LGBTIQ activism. The book covers key issues in sexuality, gender, family, embodiment and sex classification, while offering an extended account of the legal questions affecting lesbian, gay, bisexual, transgender, intersex and queer people. Although focused on Australia, it speaks to wider debates across post-colonial jurisdictions, Commonwealth countries and the United States. It will be of interest to students and academics in socio-legal studies, queer legal theory, sexuality and gender studies, law reform, and LGBTIQ politics and activism.Allen George
 is Lecturer in Socio-Legal Studies at the University of Sydney, Australia, where he has lectured since 2009. His research focuses on law, sexuality, gender and LGBTIQ communities. He has also taught sociology and criminology at the University of Newcastle.

This book examines the relationship between LGBTIQ communities and law in Australia from colonial times to the present day, with a particular concentration on the last 40 years. Using a socio-legal analysis that combines legislation, case law, media reports, policy materials and government data, it traces the historical shift from criminalisation and erasure to conditional legal recognition. The book develops a critical queer perspective, analysing how sexual and gender minorities moved from being classified through the figure of the criminal ‘homosexual’ to being recognised as members of LGBTIQ communities with a status of almost legal equality. Structured historically, its chapters examine distinct phases of legal reform, governance and LGBTIQ activism. The book covers key issues in sexuality, gender, family, embodiment and sex classification, while offering an extended account of the legal questions affecting lesbian, gay, bisexual, transgender, intersex and queer people. Although focused on Australia, it speaks to wider debates across post-colonial jurisdictions, Commonwealth countries and the United States. It will be of interest to students and academics in socio-legal studies, queer legal theory, sexuality and gender studies, law reform, and LGBTIQ politics and activism.

From Erasure to Eligibility

Law, Governance and the Queer Subject

Supporting the Legal Capacity of All Persons with Disabilities

Implementing the Right to Decide Under the Convention on the Rights of Persons with Disabilities

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 book is the first comprehensive academic treatment of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and employment rights, which has a global vocation demonstrated by having been ratified by 173 States since it was adopted in 1966. Workers' rights need protection and reinforcement. To achieve this aim, international human rights standards can play an important role. The ICESCR is the most important global UN instrument in this respect. It covers a wide range of employment rights, including the right to strike, and has global application. But it is not sufficiently developed and used, and national implementation often needs improvement. Part 1 of the book analyses general issues related to the Covenant, such as context, development, challenges, influences at the global and regional levels, interpretation and procedural elements. Part 2 deals with the specific provisions which are directly linked to the employment relation. The book is based on a thorough analysis, mainly, but not exclusively, of the case law of the Committee on Economic, Social and Cultural Rights (CESCR), that is monitoring the national implementation of the Covenant. Together, the chapters in this book will empower academics and practitioners in labour law to find answers to relevant and practical problems in order to better enforce and improve workers' rights. The book is the result of a project by the 'Transnational Trade Union Rights' experts Network (TTUR), linked to the European Trade Union Institute (ETUI).

The International Covenant on Economic, Social and Cultural Rights and the Employment Relation

Edition Politik

Is shrimp becoming Ecuador's new oil&nbsp;– and at what cost? Valerie Lenikus uncovers the political-economic drivers and the socio-ecological implications of extractivism: how export-led aquaculture has razed mangroves, displaced coastal livelihoods, and sharpened struggles over land and natural resources. Based on the Latin American debate on extractivism, historical conditions and inequalities, and the controversial constitution of 2008, the complex power relations on different spatial levels are depicted, linking the central role of the state and its policies with concrete struggles of communities.

Conflicts and Power Relations in Ecuador's Shrimp Sector

Tides of Extraction

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

Hart Studies in Security and Justice

This book argues that UK national security powers remain vulnerable to abuse and lack reliable human rights protections. It assesses the UK's turn away from largely secret Executive-made UK national security powers towards statutory law to regulate national security protection. The shift follows exposure of Executive abuse of self-regulated powers and the domestication of human rights requirements derived from the European Convention on Human Rights (ECHR). National security powers are now meant to be subject to democratic oversight, independent review and legal safeguards. Parliament has created expansive statutory national security powers based on Executive assurances they would comply with such requirements and, in many cases, be subject to robust judicial review. The result is a dramatic revision of the judicial role in the national security context, accompanied by a proliferation of specialist national security regimes, hybrid judge-led oversight bodies, as well as the spread of secret courts and other procedural innovations claimed to enable searching judicial scrutiny. Blending theoretical, doctrinal, comparative and historical analysis, this book shows that UK judges are subjecting national security powers to more scrutiny than ever, and this has at times been rigorous. However, despite procedural innovations to enable factual scrutiny, the standard of review applied in national security cases tends to dissolve into rationality review. Moreover, judges are increasingly rejecting their role as principal national security safeguards, as assigned to them by Parliament. Instead, this book argues, many are returning to upholding a form of Executive sovereignty in the national security domain.

UK National Security Law and Human Rights

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

The book analyzes in depth contemporary precedent setting US and Canadian landmark High Court and lower court rulings responding to attacks on the judiciary’s independence. The cases analyzed include (a) (in Chapter one) a US Supreme Court ruling in which the High Court capitulated to the Executive’s call to undercut the 'separation of powers' between the judiciary and the Executive, (b) (in Chapter two) various Supreme Court of Canada (SCC) cases in which limits on the voting rights of individuals from different groups of Canadian citizens were struck down as unconstitutional but the restriction on Canadian child citizen voting upheld (i) in the Court's commentary (orbiter dicta) as an inherent internal limit on the scope of the voting right and through (ii) &nbsp;the SCC's declining to hear a child Canadian citizen voting case, &nbsp;(c) (in Chapter three) Canadian cases are examined involving use of the s. 33 Canadian Charter notwithstanding clause that overrides certain Canadian Charter rights and freedoms, (d) (in Chapter four) the United States Supreme Court case involving President Trump's Executive Order reinterpreting the citizenship clause of the Fourteenth Amendment of the US Constitution so as to deny US birthright citizenship to children born in the US to undocumented migrants or to lawful temporary US visitors, and (e) (Chapter five) a Canadian Supreme Court of Canada case in which the Court rejected the Government's claim of immunity from paying damages for passing a clearly unconstitutional law that caused harm to an individual. These cases in the various chapters are used as key examples to undergird the broader discussion in the book on the court’s scope and sources of authority in a democracy and the judiciary’s role in upholding democratic institutions, principles and values domestically and internationally.

Selected US and Canadian Cases on the Judiciary’s Response

The Democratic Rule of Law Under Attack

An in-depth exploration of the network of agencies involved in policing child pornography—and what the future of security and care looks like. Facing the Child investigates the technocratic expertise in the policing of child sexual abuse material (CSAM). Mitali Thakor argues that CSAM has come to be framed as primarily a digital problem, to be resolved digitally, thereby unleashing a new form of corporatized policing helmed by global technology companies. Ambitious in scope, this multi-sited global ethnography draws on four years of original fieldwork and interviews with technology companies in the US, the United Nations in Bangkok, Thai and Dutch NGOs, and law enforcement in the US and the Netherlands. The book argues that in the 2010s, a network of technology companies, NGOs, and law enforcement created the notion of a “virtual child” in need of techno-solutionist saving to justify a vast expansion of surveillance technologies. The book examines how pervasive myths of child abuse online were exploited to serve the aims of seemingly disparate groups, from Christian neo-abolitionists to NGOs conducting virtual sting operations. It is this complex relationship between the care and securitization needed to fix the child victim as an object of data, concern, and rescue that the book explores.

An in-depth exploration of the network of agencies involved in policing child pornography—and what the future of security and care looks like. Facing the Child investigates the technocratic expertise in the policing of child sexual abuse material (CSAM). Mitali Thakor argues that CSAM has come to be framed as primarily a digital problem, to be resolved digitally, thereby unleashing a new form of corporatized policing helmed by global technology companies. Ambitious in scope, this multi-sited global ethnography draws on four years of original fieldwork and interviews with technology companies in the US, the United Nations in Bangkok, Thai and Dutch NGOs, and law enforcement in the US and the Netherlands. The book argues that in the 2010s, a network of technology companies, NGOs, and law enforcement created the notion of a “virtual child” in need of techno-solutionist saving to justify a vast expansion of surveillance technologies. The book examines how pervasive myths of child abuse online were exploited to serve the aims of seemingly disparate groups, from Christian neo-abolitionists to NGOs conducting virtual sting operations. It is this complex relationship between the care and securitization needed to fix the child victim as an object of data, concern, and rescue that the book explores.

Surveillance, Care, and the Policing of Violent Digital Images

Facing the Child

A giant of the political left, Rosa Luxemburg is one of the foremost minds in the canon of revolutionary socialist thought. But she was much more than just a thinker. She made herself heard in a world inimical to the voices of strong-willed women. She overcame physical infirmity and the prejudice she faced as a Jew to become an active revolutionary whose philosophy enriched every corner of an incredibly productive and creative life—her many friendships, her sexual intimacies, and her love of science, nature and art. Always opposed to the First World War, when others on the German left were swept up on a tide of nationalism, she was imprisoned and murdered in 1919 fighting for a revolution she knew to be doomed. In this beautifully drawn work of graphic biography, writer and artist Kate Evans has opened up her subject’s intellectual world to a new audience, grounding Luxemburg’s ideas in the realities of an inspirational and deeply affecting life.

A Graphic Biography of Rosa Luxemburg

Red Rosa

The global market in money – housed in the offshore ‘shadow’ banking system – holds $217 trillion in financial assets and operates beyond the reach of any nation’s taxman. Asset managers, private equity firms, and pension and sovereign wealth funds scoop up the world’s savings for investment and manage them as they choose, unaccountable to politicians or the citizens who elect them. In this brilliant, accessible and incisive introduction to the murky world of glo­balized finance, Ann Pettifor links the activities of remote mobile financial markets to both the cost-of-living and climate crises. In an insane global casino, bankers are gambling with our future. When we foot the bill, no one but a few economists understands what has happened. The result is volatile, unpre­dictable and uncontrollable speculation in global commodities, pension, energy, and housing. Pettifor argues that societies and gov­ernments can take back control of the global financial system. We have done it before and can do it again. Indeed, it is imperative that we do so if we are to manage the twin threats of climate breakdown and biosphere collapse.

How Wall Street Gambles with People and the Planet

The Global Casino

Revisiting Class Struggle

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