Interrupting the Legal Person

Interrupting the Legal Person
Author: Austin Sarat
Publisher: Emerald Group Publishing
Total Pages: 139
Release: 2022-03-28
Genre: Social Science
ISBN: 1802628657

This special issue is part one of a two-part edited collection on interrupting the legal person, and what this means. The chapters in this volume interrogate the role of the person and personhood in different contexts, jurisdictions, and legal traditions.

Thresholds of Accusation

Thresholds of Accusation
Author: George Pavlich
Publisher: Cambridge University Press
Total Pages: 267
Release: 2023-09-28
Genre: Social Science
ISBN: 1009334042

Examines pretrial rituals of accusation that enabled colonial law and order to support possessive settler-colonialism across western Canada.

Effective Criminal Defence in Europe

Effective Criminal Defence in Europe
Author: Ed Cape
Publisher: Intersentia NV
Total Pages: 696
Release: 2010
Genre: Law
ISBN:

Every year, millions of people across Europe - innocent and guilty - are arrested and detained by the police. For some, their cases go no further than the police station, but many others eventually appear before a court. Many will spend time in custody both before and following trial. Initial attempts by the European Union to establish minimum procedural rights for suspects and defendants failed in 2007, in the face of opposition by a number of Member States who argued that the European Court of Human Rights (ECHR) rendered EU regulation unnecessary. However, with ratification of the Lisbon Treaty, criminal defense rights are again on the agenda. Based on a three year research study, this book explores and compares access to effective defense in criminal proceedings across nine European jurisdictions (Belgium, England/Wales, Finland, France, Germany, Hungary, Italy, Poland, and Turkey) that constitute examples of the three major legal traditions in Europe: inquisitorial, adversarial, a

Presumption of Guilt

Presumption of Guilt
Author: Martin Schönteich
Publisher:
Total Pages: 0
Release: 2014
Genre: Political Science
ISBN: 9781936133840

In India, a man spent 54 years behind bars in pretrial detention, waiting for a trial that would never happen because his file had been lost. In Nigeria, one study estimated that the average detainee waits over three years for his day in court. In Russia, pretrial detainees have begged for the chance to plead guilty, just so they can receive medical care. And in the United States, juvenile pretrial detainees have been forced to fight each other for their guards' amusement. Around the world, millions are effectively punished before they are tried. Legally entitled to be considered innocent and released pending trial, many accused are instead held in pretrial detention, where they are subjected to torture, exposed to life threatening disease, victimized by violence, and pressured for bribes. It is literally worse than being convicted: pretrial detainees routinely experience worse conditions than sentenced prisoners. The suicide rate among pretrial detainees is three times higher than among convicted prisoners, and ten times that of the outside community. Pretrial detention harms individuals, families, and communities; wastes state resources and human potential; and undermines the rule of law. The arbitrary and excessive use of pretrial detention is a massive and widely ignored pattern of human rights abuse that affects-by a conservative estimate-15 million people a year. The right to be presumed innocent until proven guilty is universal, but at this moment some 3.3 million people are behind bars, waiting for a trial that may be months or even years away. No right is so broadly accepted in theory, but so commonly violated in practice. It is fair to say that the global overuse of pretrial detention is the most overlooked human rights crisis of our time. Presumption of Cuilt examines the full consequences of the global overuse of pretrial detention. Combining statistical analysis, first-person accounts, graphics, and case studies of successful reforms, the report is the first to comprehensively document this widespread but frequently ignored form of human rights abuse. Book jacket.

Copyright Law in an Age of Limitations and Exceptions

Copyright Law in an Age of Limitations and Exceptions
Author: Ruth L. Okediji
Publisher: Cambridge University Press
Total Pages: 543
Release: 2017-03-30
Genre: Law
ISBN: 1107132371

In this book, leading scholars analyze the important role played by copyright exceptions in economic and cultural productivity.

Colonial Lives of Property

Colonial Lives of Property
Author: Brenna Bhandar
Publisher: Duke University Press
Total Pages: 237
Release: 2018-05-03
Genre: Law
ISBN: 082237157X

In Colonial Lives of Property Brenna Bhandar examines how modern property law contributes to the formation of racial subjects in settler colonies and to the development of racial capitalism. Examining both historical cases and ongoing processes of settler colonialism in Canada, Australia, and Israel and Palestine, Bhandar shows how the colonial appropriation of indigenous lands depends upon ideologies of European racial superiority as well as upon legal narratives that equate civilized life with English concepts of property. In this way, property law legitimates and rationalizes settler colonial practices while it racializes those deemed unfit to own property. The solution to these enduring racial and economic inequities, Bhandar demonstrates, requires developing a new political imaginary of property in which freedom is connected to shared practices of use and community rather than individual possession.

Anti-Impunity and the Human Rights Agenda

Anti-Impunity and the Human Rights Agenda
Author: Karen Engle
Publisher: Cambridge University Press
Total Pages: 401
Release: 2016-12-15
Genre: Law
ISBN: 110707987X

This volume presents and critiques the distorted effects of the international human rights movement's focus on the fight against impunity.

Recovering Canada

Recovering Canada
Author: John Borrows
Publisher: University of Toronto Press
Total Pages: 326
Release: 2017-06-22
Genre: Law
ISBN: 1487516754

Canada is covered by a system of law and governance that largely obscures and ignores the presence of pre-existing Indigenous regimes. Indigenous law, however, has continuing relevance for both Aboriginal peoples and the Canadian state. In his in-depth examination of the continued existence and application of Indigenous legal values, John Borrows suggests how First Nations laws could be applied by Canadian courts, and tempers this by pointing out the many difficulties that would occur if the courts attempted to follow such an approach. By contrasting and comparing Aboriginal stories and Canadian case law, and interweaving political commentary, Borrows argues that there is a better way to constitute Aboriginal / Crown relations in Canada. He suggests that the application of Indigenous legal perspectives to a broad spectrum of issues that confront us as humans will help Canada recover from its colonial past, and help Indigenous people recover their country. Borrows concludes by demonstrating how Indigenous peoples' law could be more fully and consciously integrated with Canadian law to produce a society where two world views can co-exist and a different vision of the Canadian constitution and citizenship can be created.