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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;

Ius Gentium: Comparative Perspectives on Law and Justice

This seminal volume provides a rigorous doctrinal analysis of contemporary slavery through the lens of criminal law and legal dogmatics. It addresses the modern paradox of universal prohibition coexisting with thriving exploitation, offering a robust instrument for law interpretation in both domestic and international courts.
The treatise is organized into four sections. Section I establishes conceptual foundations, diagnosing slavery as an organic product of structural vulnerability within the global neoliberal model rather than a historical anomaly. It further provides a profound constitutionalist perspective on human dignity, a concept essential for a comprehensive understanding of slavery.
Section II maps international standards, tracing the evolution of Article 4 of the ECHR and ILO benchmarks. It elucidates the critical shift from legal ownership to the de facto exercise of powers attaching to ownership, maintaining the severity threshold required to distinguish human rights violations from mere labour malpractice.
A cornerstone of the work is the Anti-Slavery Model Legislation (The Guide to Domestic Legislation) in Section III. This template defines and provides penal frameworks for ten stand-alone forms of exploitation, including slavery, servitude, and forced labour. This section also offers comparative analyses of European and South American legal landscapes.
Section IV addresses institutions of heightened criminal relevance, including the non-punishment provision for victims, complexities in global supply chains, and the challenges of “borderless” criminal jurisdiction. It tackles corporate “ubiquity” and “forum shopping,” proposing models to ensure accountability in fragmented productive networks.
By assembling preeminent legal scholars and practitioners, this book transcends sociological description to provide the dogmatic precision required to narrow the space of impunity. It serves as an indispensable resource for understanding how diverse jurisdictions regulate the most heinous affronts to human freedom and legal personality.

This seminal volume provides a rigorous doctrinal analysis of contemporary slavery through the lens of criminal law and legal dogmatics. It addresses the modern paradox of universal prohibition coexisting with thriving exploitation, offering a robust instrument for law interpretation in both domestic and international courts.The treatise is organized into four sections. Section I establishes conceptual foundations, diagnosing slavery as an organic product of structural vulnerability within the global neoliberal model rather than a historical anomaly. It further provides a profound constitutionalist perspective on human dignity, a concept essential for a comprehensive understanding of slavery.Section II maps international standards, tracing the evolution of Article 4 of the ECHR and ILO benchmarks. It elucidates the critical shift from legal ownership to the de facto exercise of powers attaching to ownership, maintaining the severity threshold required to distinguish human rights violations from mere labour malpractice.A cornerstone of the work is the Anti-Slavery Model Legislation (The Guide to Domestic Legislation) in Section III. This template defines and provides penal frameworks for ten stand-alone forms of exploitation, including slavery, servitude, and forced labour. This section also offers comparative analyses of European and South American legal landscapes.Section IV addresses institutions of heightened criminal relevance, including the non-punishment provision for victims, complexities in global supply chains, and the challenges of “borderless” criminal jurisdiction. It tackles corporate “ubiquity” and “forum shopping,” proposing models to ensure accountability in fragmented productive networks.By assembling preeminent legal scholars and practitioners, this book transcends sociological description to provide the dogmatic precision required to narrow the space of impunity. It serves as an indispensable resource for understanding how diverse jurisdictions regulate the most heinous affronts to human freedom and legal personality.

A Comparative Law Perspective

Modern Slavery and Criminal Law

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'

SpringerBriefs in Law

This book offers a profound exploration of the historical, cultural, and social dimensions of Brazil’s Indigenous peoples, with a particular focus on the Kaingang communities. Understanding these peoples is essential to interpreting Brazilian social thought, shaping national identity, promoting sustainability, and safeguarding fundamental rights.Indigenous culture (rooted in ancestral knowledge, cosmologies, and traditional ways of life) has not only shaped Brazilian society but also plays a vital role in environmental preservation and in proposing alternatives to contemporary global challenges. This book combines bibliographic and ethnographic research with the voices of Indigenous leaders, weaving narratives of memory, resistance, and identity in the face of coloniality, systemic violence, and territorial disputes.More than an academic study, this work is an invitation to listen and engage in dialogue. It amplifies Indigenous perspectives and underscores their significance in building a plural, just, and sustainable Brazil.

A Legal Critique of Indigenous Territoriality in Southern Brazil

The Right to Land as Identity

International Law and the Global South

This book provides comprehensive discussions on the instruments, mechanisms and debates relevant to tackling biopiracy and protecting the rights of indigenous peoples and local communities in that context.&nbsp;Biopiracy is one of the most controversial issues in the international society and indigenous peoples and local communities have been the main victim of biopiracy because although they have made enormous contributions to the conservation of biological and genetic resources and development of associated traditional knowledge, they have been rarely acknowledged and few benefits have been shared.Against this backdrop, this book surveys biopiracy cases around the world, analyses and discusses the international regimes relevant to biopiracy, and suggests possible ways forward; namely the instruments or mechanisms to tackle biopiracy and protect the rights of indigenous peoples and local communities based on the international regimes. It provides a comprehensive picture on the rights of indigenous peoples and local communities in the context of biopiracy by analysing international biodiversity, human rights and intellectual property regimes as a whole. Moreover, unlike others, this book also suggests how to improve domestic laws and institutions to tackle biopiracy and protect the rights of indigenous peoples and local communities to genetic resources and associated traditional knowledge in accordance with the international regimes by, for instance, providing the core elements of the model laws and institutions.For these reasons, the book will be a good guide for students and researchers who are interested in laws and policies on the (sustainable) use of biological and genetic resources. Particularly, given that with the adoption of the Nagoya Protocol, scientists (particularly, biologists) need to understand international biodiversity and intellectual property laws and institutions, this book will be useful for them. Moreover, as indigenous peoples and local communities are the main victim of biopiracy, this book will help indigenous rights activists and organizations working to protect their rights.

Protection of Bio-rights of Indigenous Peoples in International Law

This book is a comparative study of how courts and oversight bodies review lawmaking processes, exposing democratic deficits and advocating for transparent, participatory legislative reform across Europe. In an era of fast-track legislation and executive overreach, the democratic legitimacy of lawmaking is under increasing pressure. This timely and original volume offers the first comprehensive, comparative analysis of how judicial and non-judicial bodies monitor and assess legislative procedures across Europe and beyond. Drawing on examples from Hungary, France, and the United States, the book highlights troubling trends - such as the use of expedited processes, exclusion of opposition voices, and lack of public participation - that undermine democratic principles and good governance. Contributors examine how courts, parliamentary committees, and international organisations like the Venice Commission respond to these challenges, offering insights into their capacity to uphold constitutional standards and human rights protections. The book also explores the broader implications of defective lawmaking for the rule of law, separation of powers, and the achievement of global goals such as the UN's Sustainable Development Agenda. Featuring leading scholars and practitioners from across Europe, including underrepresented jurisdictions, the volume bridges theory and practice, offering a rich interdisciplinary perspective. It is essential reading for academics, legal professionals, policymakers, and civil society actors concerned with the integrity of democratic institutions and the future of legislative governance. By shedding light on the mechanisms of procedural review, this book makes a compelling case for more transparent, inclusive, and accountable lawmaking in democratic societies.

European Perspectives on the Procedural Review of Parliamentary Lawmaking

American Studies Now: Critical Histories of the Present

How policing has fundamentally shaped the Latinx experience.The history of Latinx groups in the United States has been marked, from the beginning, by experiences of criminalization and violence at the hands of law enforcement. Marisol LeBrón argues that policing has left an indelible mark on Latinx communities across the country and has come to shape our understanding of what it means to be Latinx. Spanning the nineteenth century to the present, Policed examines how policing became a key component in the formation of Latinx identity and political consciousness, and still lies at the heart of many pressing issues confronting Latinx communities today, including immigration, employment, health, and housing. More than simply telling a story of police brutality and harassment, LeBrón powerfully shows that Latinx people have continually resisted state violence and worked to build a more liberated future.

A Latinx History of State Violence

Policed: Volume 19

This book explores how different legal systems handle a particularly difficult type of corporate wrongdoing: Catholic dioceses' responsibility for child sexual abuse. Usually, when people think about corporate wrongdoing, they think about tax fraud, insider trading, and similar 'white-collar' crime. As corporations, dioceses' responsibility for child sexual abuse exists separately from that of individual perpetrators, and this corporate responsibility is the focus of this book. Through an analysis of cases involving dioceses that have significant documented histories of priests abusing children, this book illustrates how criminal law, canon law, tort law, bankruptcy law and an Australian Royal Commission have responded (or why they have not). The cases involve the Diocese of Ballarat, in Victoria, Australia, and the Diocese of Gallup, in northern Arizona and New Mexico, in the United States. Each diocese faced similar claims in a diverse field of legal systems, so very different legal systems were handling, in essence, the same cases in dissimilar contexts. Employing a novel interdisciplinary approach, the book traces the theories, purposes, doctrines, procedures, and logistics of engaging with these different legal systems - evaluating what they can and cannot do. Revitalising theories of responsive law, the book demonstrates that it is possible for legal systems to better hold not just Catholic dioceses, but corporations more generally, to account for wrongdoing, but we may need to rethink how those systems are structured.

Catholic Dioceses, Legal Systems, and Corporate Accountability

What justice requires when people change but their sentences stay the same. America loves a second chance story. Yet people convicted of serious crimes are seldom given one. Years after taking responsibility and working to repair harm, many remain behind bars even though their continued incarceration does little to keep us safer and carries tremendous human and financial costs.In Bending the Bars, Jessica S. Henry makes the case against endless punishment that leaves no room for redemption. Grounding her analysis of law and policy in the lived experiences of people directly affected by extreme sentences, Henry shows how accountability, public safety, and second chances can coexist within a framework that recognizes human dignity and the capacity for change.Urgent and compelling, this book challenges us to rethink who deserves a second chance, who gets to decide, and what justice demands beyond defining a person by the worst thing they have ever done.

The Case for Second Chances in American Justice

Bending the Bars

Company law, as a specialised branch of business law, is uniquely shaped by contemporary challenges that often redefine traditional legal concepts. Historically, the study of company law has been approached through the lens of individual legal systems rather than a broader, comparative perspective. Addressing this gap, this advanced textbook offers a comprehensive comparative analysis of common law and civil law traditions.The book focuses on the interplay between the UK legal system and the European Union's legal framework through the analysis of some EU states' legal systems. It examines company law in common law jurisdictions, particularly England and Wales, alongside Scotland, while integrating the latest legislative developments within some states of the EU, for instance, Italy and Germany. Through this comparative lens, the textbook explores pressing contemporary issues, such as the pursuit of sustainability and the green agenda, and technological evolution, in particular, AI, analysing their impact on the foundational principles of company law.Marking the 20th anniversary of the passing of the Companies Act 2006, Comparative Company Law serves as a bridge between common law and civil law, combining tradition with innovation. It provides a nuanced exploration of how modern challenges, ranging from sustainability to human rights, reshape the structure of company law, making it an essential resource for advanced students and scholars.

Human Rights, Sustainability and Technological Advancements

Comparative Company Law

Comparative constitutional scholarship takes a variety of forms - including theoretical, doctrinal and empirical variants. This book offers guidance for scholars at all career stages in engaging in each of these forms of scholarship.The book shows how scholars can make rigorous yet realistic choices about the breadth of comparison, and their approach to case-selection, calibrated to their own comparative project and position within the field of comparative constitutional studies ('CCS'). Practical in tone and ambition, yet rich in theoretical and comparative examples and insights, the book offers an invitation to public law scholars globally to expand their comparative horizons; and a call to the field as a whole to give greater attention to theoretical and doctrinal scholarship, and single country, Southern and understudied jurisdictions.

On Constitutional Comparison

Masterpieces of Contemporary Jurisprudents in China

This book is the first academic monograph in China to comprehensively examine the concept, principles, and system of civil law from an ethical point of view. Under the background that China has promulgated the Civil Code, it is necessary to analyze the relevant contents of the Civil Code from all aspects, in depth and from various angles. The basic point of view is that China’s Civil Code should not only consider the advanced nature, but also take into account the national character, sublimation, and inheritance, and to meet the needs of modern society and demonstrate the ethical value. This book is highly readable, not only for professional research groups, but also for students and ordinary readers interested in Chinese civil law. This book is designated as a required reading list for law majors in many universities across China and is also published in Taiwan (PRC) and Japan.

This book is the first academic monograph in China to comprehensively examine the concept, principles, and system of civil law from an ethical point of view. Under the background that China has promulgated the Civil Code, it is necessary to analyze the relevant contents of the Civil Code from all aspects, in depth and from various angles. The basic point of view is that China’s Civil Code should not only consider the advanced nature, but also take into account the national character, sublimation, and inheritance, and to meet the needs of modern society and demonstrate the ethical value. This book is highly readable, not only for professional research groups, but also for students and ordinary readers interested in Chinese civil law. This book is designated as a required reading list for law majors in many universities across China and is also published in Taiwan (PRC) and Japan.

An Ethical Analysis of Civil Law

Perspectives in Law, Business and Innovation

Artificial intelligence, large language models, chatbots, extended reality, and other emerging technologies are becoming central to modern healthcare, industry, and society. They offer major benefits, from faster diagnoses and personalized medicine to immersive collaboration and new ways of protecting information. At the same time, they create new risks for privacy, cybersecurity, fairness, and accountability, all of which are important for maintaining public trust in technology.
 
 AI-by-Design: Integrating Privacy, Security, and Ethical Governance in Health, Industry, and Society starts from a simple idea: good governance should be built into technology from the beginning, rather than added later when problems arise. Privacy, security, and ethical safeguards should therefore be part of the design and development of AI systems from their earliest stages. The book explores how privacy-by-design, security-by-design, and ethics-by-design can be brought together into a single approach for developing AI and other technologies that people can trust.
 
 This is particularly important because the rules governing AI are changing quickly. AI governance is not a fixed set of requirements that organizations can follow once and then forget. Laws, technologies, political priorities, and public expectations continue to change. The AI-by-Design approach helps address this challenge because it does not depend on any single law or regulatory framework. Instead, key principles such as data minimization, transparency, security, human oversight, explainability and accountability are built directly into the technology and the way it is developed and used. In this sense, design choices are also governance choices. They shape how data is collected and used, how cybersecurity risks are managed, how individual rights are protected, and how the benefits and risks of new technologies are shared across society.
 
 The book brings together contributions from areas such as healthcare, industry, and society. In healthcare, the authors examine AI-supported diagnostics, mental health chatbots, mobile health applications, and other technologies that are changing how care is provided while raising concerns about transparency, bias, privacy, and cybersecurity. In industry, the book looks at the growing use of AI, data infrastructures, and extended reality and considers how legal requirements can be put into practice through technical standards and concrete safeguards. At the broader societal level, the contributors examine AI reasoning, explainability, accountability, and the need for governance approaches that can respond to rapid technological change.
 
 Throughout the volume, the contributors connect legal and ethical principles with practical solutions. The book shows how privacy, security, fairness, transparency, and accountability can move beyond general principles and become part of the technical, organizational, and legal choices made throughout the design and use of AI systems.

Integrating Privacy, Security, and Ethical Governance in Health, Industry, and Society

AI-by-Design

Revisiting Class Struggle

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