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Law and Criminology (R0)

Raquel Domingues do Amaral

The Principle of Harmony with Nature as a Legal Foundation

A Proposal for the Ethical and Legal Consideration of Non-Human Living Beings and Ecosystems

&lt;p class="MsoNormal" style="margin-bottom: 0cm; tab-stops: 14.2pt 1.0cm 42.55pt 2.0cm 70.9pt 3.0cm 99.25pt;"&gt;&lt;span lang="EN-US"&gt;1 The Environmental Crisis: Symptoms of the Anthropocene.- 2 The Paradigm Shift.- 3 A New Ethical System, Guided by Coherence and Responsibility, for the Recognition of Intrinsic Value in Nature.- 4 The Historical Trajectory of Theories for the Recognition of Rights to Non-Human Beings.- 5 The Legality of Harmony with Nature.- 6 The Recognition of Legal Personality for Non-Human Beings and Holistic Organic Entities as a Consequence of the Principle of Harmony with Nature.- 7 The Reaffirmation of Human Rights Through the Principle of Harmony with Nature.&lt;/span&gt;&lt;/p&gt;

Hart Studies in European Criminal Law

This book offers a comprehensive legal analysis of the urgent challenges posed by deepfakes, focusing on the restrictive measures proposed or introduced to address their related harms. Readers will gain a clear understanding of the harms associated with deepfakes - especially in areas like non-consensual sexualised content and political disinformation - and how criminal and digital regulatory systems are attempting to respond. From a criminal law perspective, the book offers a dual-level critique. On the one hand, criminal law is invoked for its expressive and symbolic function, particularly in response to the discriminatory and gender-based harms often associated with deepfakes, as well as the broader need to prevent systemic risks to democratic society when it comes to electoral manipulation and freedom of thought. Here, criminal law would play a vital role in affirming societal condemnation of such conduct and in acknowledging the serious impact on victims. On the other hand, its use is increasingly entangled with emerging frameworks of digital regulation, taking on a more instrumental role in defining illegal content and reinforcing standards shaped primarily by private platforms and regulatory bodies. This dual function raises fundamental questions about the legitimacy and efficacy of using criminal law-the most coercive form of state power-for purposes that extend beyond its traditional scope. Additionally, the book explores regulatory measures aimed at controlling deepfakes, considered both as AI-generated content and as harmful online material. Discussions around content moderation, transparency duties-such as labelling and watermarking-and safety by design measures are gaining attention globally, with the European Union's Digital Services Act and AI Act leading the way. The book's primary goal is to bridge the two worlds of criminal law and digital regulation through a careful and critical analysis, making it a valuable resource for a broad audience.

Harmful AI-generated Content between Criminal Law and Digital Regulation

Addressing Deepfakes

WINNER of 75th Nation­al Jew­ish Book Award: Biography Finalist for the Dayton Literary Peace Prize 2026 'FIVE STARS ... Magnificent' Telegraph 'Compulsively readable' Financial Times 'Gripping and timely' The Times 'Crackingly told' Philippe Sands 'A kind of masterclass' Sebastian Junger THE NEW BOOK FROM THE BESTSELLING, COSTA PRIZE-WINNING AUTHOR OF THE VOLUNTEER The true story of a Jewish lawyer who returned to Germany after WWII to prosecute war crimes, only to find himself pitted against a nation determined to bury the past. At the end of the Nuremberg trial in 1946, some of the greatest war criminals in history were sentenced to death, but hundreds of thousands of Nazi murderers and collaborators remained at large. The Allies were ready to overlook their pasts as the Cold War began, and the horrors of the Holocaust were in danger of being forgotten. In The Prosecutor, Jack Fairweather brings to life the remarkable story of Fritz Bauer, a gay German Jew who survived the Nazis and made it his mission to force his countrymen to confront their complicity in the genocide. In this deeply researched book, Fairweather draws on unpublished family papers, newly declassified German records, and exclusive interviews to immerse readers in the dark, unfamiliar world of postwar West Germany where those who implemented genocide run the country, the CIA is funding Hitler's former spy-ring in the east, and Nazi-era anti-gay laws are strictly enforced. But once Bauer lands on the trail of Adolf Eichmann, he won't be intimidated. His journey takes him deep into the rotten heart of West Germany, where his fight for justice will set him against his own government and a network of former Nazis and spies determined to silence him. In a time when the history of the Holocaust is taken for granted, The Prosecutor reveals the courtroom battles that were fought to establish its legacy and the personal cost of speaking out. The result is a searing portrait of a nation emerging from the ruins of fascism and one man's courage in forcing his people--and the world--to face the truth.

One Man’s Battle to Bring Nazis to Justice

The Prosecutor

Studies in International Law

This book examines the United Nations Security Council's authorisation of the use of force, considering the extensive body of UN Security Council resolutions across its now eighty years of existence. As one of the established exceptions to the Article 2(4) UN Charter prohibition on the use of force, UN Security Council authorisation of force remains a key focus for both States and scholars alike. Despite the apparent consequences of authorisation, authorising resolutions lack prescribed formats or mandatory content. The UN Security Council has over time, however, developed a consistent practice of prior explicit authorisation. The development of this practice is reflected in a number of essential characteristics within authorising resolutions of the UN Security Council. These include explicit determinations of a threat to international peace and security, the invocation of Chapter VII (or VIII) of the UN Charter, the use of specific authorising language, the inclusion of time or functional limits on authorisation, and the imposition of reporting obligations on those authorised to use force. The book ultimately argues that prior explicit authorisation constitutes a well-established practice, rejecting the legality and admissibility of implicit and retroactive authorisation.

Form, Character and Nature

The United Nations Security Council and the Authorisation of Force

A Memoir

Fearless and Free

Supporting the Legal Capacity of All Persons with Disabilities

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

Human Rights Law in Perspective

This book offers an analysis of how the European Court of Human Rights engages with identity and emotion, revealing both the promise and the limitations of human rights law in addressing the complexities of human experience. The book explores how human rights law, often framed as universal and abstract, responds to deeply personal questions of identity, belonging, and emotional impact. Based on a systematic study of over 3,300 judgments, the book shows how the European Court of Human Rights has increasingly made identity central to its reasoning - particularly in cases involving sexuality, ethnicity, and family life. In these areas, the Court acknowledges how state actions shape emotions such as fear, humiliation, and dignity. Yet, in other domains - migration, religion, professional life - the Court avoids emotional engagement, leading to troubling inconsistencies. The book argues that when emotions are excluded from legal reasoning, individuals are reduced to formal entities, stripped of depth and interiority. Combining doctrinal analysis with insights from social theory and psychology, the book presents a new framework for understanding how emotions and identity interact with law. It traces the evolution of identity references across categories and highlights the Court's uneven treatment of emotional harm. This timely and original contribution speaks to legal scholars, practitioners, and theorists interested in human rights, identity politics, and the emotional dimensions of law. It calls for a more responsive and empathetic human rights jurisprudence - one that reflects the lived realities of those it seeks to protect.

A Sentimentalist Analysis of Human Rights

Identity and Emotions at the European Court of Human Rights

This book offers a comprehensive legal examination of the proportionality of sanctions for doping in sports. Doping violates the level playing field and the spirit of sport and devastates athletes' health. While punishing those who violate anti-doping rules is essential, the battle against doping should not become a relentless pursuit without redemption. This book offers an innovative look into the proportionality of sanctions for doping, calling for a balanced approach that is both strong and fair. This book examines the World Anti-Doping Code in force from 2027 and changes compared to its predecessors. Some sanctions can be considered proportionate, but some may be excessively harsh. This book delves into the critical areas where punishment might overstep the bounds of proportionality. It analyses cases where sanctions may permanently end athletes' careers or ignore circumstances surrounding their cases. This book answers one important question: Could a more compassionate approach lead to a cleaner and more humane sport? The book proposes modifications to the current system. By aligning sanctions with the goals of clean sport and allowing room for reform, anti-doping organisations can build a fairer sporting world where second chances are not a forbidden dream.

Fair Play, Fair Punishment

Proportionality of Sanctions for Doping in Sport

'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

Gender Perspectives in Law

The book underscores the importance of integrating a gender perspective into judicial systems worldwide, revealing how gender sensitivity enhances the legitimacy, equity, and efficacy of the judicial process.
The judiciary serves as a cornerstone of democratic societies, upholding principles of fairness, equality, and justice for all. Yet, the effectiveness of the judiciary can be compromised when it fails to reflect and respond to the diverse experiences and needs of those it serves. A gender perspective within the judiciary addresses this challenge by recognizing that laws and judicial decisions impact individuals differently based on gender, and by working to counteract systemic biases that may disadvantage certain groups. The integration of a gender perspective in the judiciary is essential to fostering an equitable, inclusive, and representative justice system. While judicial institutions uphold the principles of fairness and impartiality, they also operate within broader societal frameworks where gender dynamics and biases play significant roles. Across national jurisdictions and international judicial bodies, gender representation in the judiciary remains imbalanced, with women often underrepresented, particularly in higher courts and leadership roles. This disparity reflects and reinforces traditional power structures, limiting the judiciary’s capacity to address the unique experiences and legal needs of all members of society. By incorporating a gender perspective, judicial systems worldwide can better respond to gender-based inequalities and ensure that their practices, policies, and decisions reflect the diverse realities of those they serve.
Incorporating a gender perspective within the judiciary supports a more equitable legal system that honors the experiences and rights of all individuals. By improving women’s representation at all levels, facilitating career advancement, and promoting gender-sensitive practices, judicial institutions can better fulfill their mandate of delivering impartial and fair justice. In both national and international contexts, a judiciary that values gender diversity and awareness is better positioned to address the nuances of gender in the law and to uphold the principles of justice in a way that truly reflects and serves society as a whole.

The book underscores the importance of integrating a gender perspective into judicial systems worldwide, revealing how gender sensitivity enhances the legitimacy, equity, and efficacy of the judicial process.The judiciary serves as a cornerstone of democratic societies, upholding principles of fairness, equality, and justice for all. Yet, the effectiveness of the judiciary can be compromised when it fails to reflect and respond to the diverse experiences and needs of those it serves. A gender perspective within the judiciary addresses this challenge by recognizing that laws and judicial decisions impact individuals differently based on gender, and by working to counteract systemic biases that may disadvantage certain groups. The integration of a gender perspective in the judiciary is essential to fostering an equitable, inclusive, and representative justice system. While judicial institutions uphold the principles of fairness and impartiality, they also operate within broader societal frameworks where gender dynamics and biases play significant roles. Across national jurisdictions and international judicial bodies, gender representation in the judiciary remains imbalanced, with women often underrepresented, particularly in higher courts and leadership roles. This disparity reflects and reinforces traditional power structures, limiting the judiciary’s capacity to address the unique experiences and legal needs of all members of society. By incorporating a gender perspective, judicial systems worldwide can better respond to gender-based inequalities and ensure that their practices, policies, and decisions reflect the diverse realities of those they serve.Incorporating a gender perspective within the judiciary supports a more equitable legal system that honors the experiences and rights of all individuals. By improving women’s representation at all levels, facilitating career advancement, and promoting gender-sensitive practices, judicial institutions can better fulfill their mandate of delivering impartial and fair justice. In both national and international contexts, a judiciary that values gender diversity and awareness is better positioned to address the nuances of gender in the law and to uphold the principles of justice in a way that truly reflects and serves society as a whole.

The Gender and the Judiciary

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

Transfer of Criminal Procedure

Europeanization and Globalization

The regulation of sovereign debts raises many complex economic and legal questions. The primary objective of this volume is to focus on the possible legal solutions for the challenges facing the insolvent states. Finding a way out of the sovereign debt crisis requires not only economic considerations, but it implies also a better understanding of the rage of different social and ethical aspects associated with this problem.

The regulation of sovereign debts raises many complex economic and legal questions. The primary objective of this volume is to focus on the possible legal solutions for the challenges facing the insolvent states. Finding a way out of the sovereign debt crisis requires not only economic considerations, but it implies also a better understanding of the rage of different social and ethical aspects associated with this problem.

Possible Legal Solutions

Sovereign Insolvency

The Principle of Harmony with Nature as a Legal Foundation

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