Acute, questioning, humane and passionately concerned for justice, Helena Kennedy is one of the most powerful voices in legal circles in Britain today. Here she roundly challenges the record of modern governments over the fundamental values of equality, fairness and respect for human dignity. She argues that in the last twenty years we have seen a steady erosion of civil liberties, culminating today in extraordinary legislation, which undermines long established freedoms. Are these moves a crude political response to demands for law and order? Or is the relationship between citizens and the state being covertly reframed and redefined?
Criminal investigation is rarely out of the headlines nowadays, and this book provides the most comprehensive and authoritative book on this rapidly developing area within the police and other law enforcement agencies. It takes a rigorous, critical approach to not only the process of criminal investigation but also the context in which this takes place, the theory underlying it, and the variety of factors which influence approaches to it.
Metaphors of Confinement: The Prison in Fact, Fiction, and Fantasy offers a historical survey of imaginings of the prison as expressed in carceral metaphors in a range of texts about imprisonment from Antiquity to the present as well as non-penal situations described as confining or restrictive. These imaginings coalesce into a 'carceral imaginary' that determines the way we think about prisons, just as social debates about punishment and criminals feed into the way carceral imaginary develops over time. Examining not only English-language prose fiction but also poetry and drama from the Middle Ages to postcolonial, particularly African, literature, the book juxtaposes literary and non-literary contexts and contrasts fictional and nonfictional representations of (im)prison(ment) and discussions about the prison as institution and experiential reality. It comments on present-day trends of punitivity and foregrounds the ethical dimensions of penal punishment. The main argument concerns the continuity of carceral metaphors through the centuries despite historical developments that included major shifts in policy (such as the invention of the penitentiary). The study looks at selected carceral metaphors, often from two complementary perspectives, such as the home as prison or the prison as home, or the factory as prison and the prison as factory. The case studies present particularly relevant genres and texts that employ these metaphors, often from a historical perspective that analyses development through different periods.
‘I would have been the first miscarriage of justice… There was this spate of cases: the Birmingham Six, Guildford Four and Cardiff Three. Each one was another nail in my coffin’: Tony Stock, 2008. The story of Tony Stock is astonishing: deeply disturbing it sent out ripples of disquiet when he was sentenced to ten years for robbery at Leeds Assizes in 1970. Over the next 40 years the case went to the Court of Appeal four times and has the distinction of being the first to have been referred to that court twice by the Criminal Cases Review Commission. Tony Stock died in 2012 still fighting to clear his name: spending from his meagre savings to hire private investigators and hoping beyond hope to see justice. Reviews ‘The story of Tony Stock should be mandatory reading for everyone, not merely those involved with the laws. It concerns the quality of our criminal justice system and its serious reluctance and unwillingness to root out injustice’: Michael Mansfield QC. ‘One of the most outrageous miscarriages of justice of modern times’: Barry Sheerman, Labour MP for Huddersfield. In the Press ‘If anyone seriously believes the Court of Appeal has reformed itself since the dark days of the Birmingham Six and Bridgewater Four, they should study the unreported and amazing case of Tony Stock’: Private Eye. ‘I would have thought that the injustice done to Tony (Stock) was fairly self-evident and yet his conviction still stands. I find this very difficult to accept’: Ralph Barrington, investigations adviser at the Criminal Cases Review Commission. ‘The fight for justice that will not die’: Yorkshire Post.
Human Rights and the Body is a response to the crisis in human rights, to the very real concern that without a secure foundation for the concept of human rights, their very existence is threatened. While there has been consideration of the discourses of human rights and the way in which the body is written upon, research in linguistics has not yet been fully brought to bear on either human rights or the body. Drawing on legal concepts and aspects of the law of human rights, Mooney aims to provide a universally defensible set of human rights and a foundation, or rather a frame, for them. She argues that the proper frames for human rights are firstly the human body, seen as an index reliant on the natural world, secondly the globe and finally, language. These three frames generate rights to food, water, sleep and shelter, environmental protection and a right against dehumanization. This book is essential reading for researchers and graduate students in the fields of human rights and semiotics of law.
The term "conservative," when employed today in reference to politicians and beliefs, can denote groups as diverse and incompatible as the religious right, libertarians, and opponents of large, centralized government. Yet the original conservative philosophy, first developed in the eighteenth century by Edmund Burke, was most concerned with managing change. This kind of genuine conservatism has a renewed relevance in a complex world where change is rapid, pervasive, and dislocating. In Conservatism, Kieron O’Hara presents a thought-provoking revision of the traditional conservative philosophy, here crafted for the modern age. As O’Hara argues, conservatism transcends traditional politics and has surprising applications—not least as the most appropriate and practical response to climate change. He shows what a properly conservative ideology looks like today, and draws on such great conservative thinkers as Burke and Adam Smith, philosophers from Plato to Wittgenstein, and contemporary social commentators such as Nassim Nicholas Taleb, Ulrich Beck, and Jared Diamond, in order to outline how conservative philosophy lays bare our failure to understand our own society. O’Hara proves as well that conservatism is distinct from neo-liberalism, neo-conservatism, and the extreme positions of many of today’s most outspoken commentators. In this comprehensive and detailed description of a philosophy of change and innovation, O’Hara shows how conservatism can be an ideology sensitive to cultural differences among the United States, Europe, the Middle East, and elsewhere. As well, he highlights key issues of technology, trust, and privacy. Conservatism is a provocative read and a level-headed guide to cutting through the many voices of policy makers and pundits claiming to represent conservative points of view.
This innovative volume explores issues of law enforcement cooperation across borders from a variety of disciplinary perspectives. In doing so it adopts a comparative framework hitherto unexplored; namely the EU and the Australsian/Asia-Pacific region whose relative geopolitical remoteness from each other decreases with every incremental increase in globalisation. The borders under examination include both macro-level cooperation between nation-states, as well as micro-level cooperation between different Executive agencies within a nation-state. In terms of disciplinary borders the contributions demonstrate the breadth of academic insight that can be brought to bear on this topic. The volume contributes to the wider context for evidence-based policy-making and knowledge-based policing by bringing together leading academics, public policy-makers, legal practitioners and law enforcement officials from Europe, Australia and the Asian-Pacific region, to shed new light on the pressing problems impeding cross-border policing and law enforcement globally and regionally. Problems common to all jurisdictions are discussed and innovative ‘best practice’ solutions and models are considered. The book is structured in four parts: Police cooperation in the EU; in Australia; in the Asia-Pacific Region; and finally it considers issues of jurisdiction and due process/human rights issues, with a focus on regional cooperation strategies for countering human trafficking, organised crime and terrorism. The book will be of interest to both academic and practitioner communities in policing, criminology, international relations, and comparative Asia-Pacific and EU legal studies.
Written for sixth form and college students, AS Law covers the content of AS Law for AQA and OCR students in a lively and reader-friendly style. Topics are broken down into manageable parts, with clear headings and are illustrated throughout with photographs, diagrams, boxes and illustrations. Each chapter includes: an introduction outlining learning objectives relating to the subject specifications 'developing the subject' sections explaining a particularly important or difficult point in more detail, designed to challenge more able students a list of useful websites enabling students to access primary law materials intended to support chapter-by-chapter reading 'it's a fact!' sections highlighting interesting and contemporary applications of the legal principle under discussion dedicated sections providing detailed examination of key cases, within the context of the chapter discussion hints and tips for revision topics and strategies helping students to prepare for the types of questions that are most likely to come up in exams. The book contains a wealth of opportunities to test and apply knowledge, with revision quizzes, quick tests and sample questions and answers within each chapter and there are additional opportunities for self-testing and revision available via the Companion Website. This third edition has been revised and updated to take into account the new 2008 AQA specifications and contains a new chapter on contract liabilities, as well as expanded material on sentencing and court procedures. It also addresses recent legal developments such as the establishment of the Ministry of Justice, changes in the legal profession and the constitution, and the reform of the House of Lords. AS Law provides a stimulating and exciting approach to the subject, profiling famous legal figures and examining law in films, fiction, non-fiction and on the internet whilst offering comprehensive coverage of the AQA and OCR subject specifications fulfilling all syllabus requirements.
This powerful text offers a unique analysis of the impact of race and culture on contemporary issues in mental health. Drawing on extensive international experience, Fernando challenges the traditional ideas that inform practice in clinical psychology and psychiatry in order to promote new and alternative ways of thinking. Covering both theoretical perspectives and practical implications, this insightful text discusses perceptions of ethnicity and identity, compares practices around the world and looks at racism in mental health services. This fully revised, expanded and updated edition of a seminal text offers students and practitioners alike a comprehensive and reliable study of both western and non-western psychiatry and mental health practices. New to this Edition: - Covers trauma and psychosocial support - Looks at the new discourses in mental health of recovery, spirituality and well-being - Examines the mental health of refugees - Refers to specific developments in low-income countries, including Asia and Africa
Mothers Accused and Abused: Addressing Complex Psychological Needs brings together stories about mothers who are accused of harming, and in some cases killing, their children, children who subsequently harm or kill others and the challenges to professionals who work with them. Contributors consider the deeply rooted cycles of neglect and abuse manifested in the childhoods of mothers, who only come to our attention when their extreme distress is expressed through their actions. By recognising the long-standing, unmet dependency needs of abused and neglected women, the book argues that longer term engagement can prevent a seemingly endless repetition of court hearings and imprisonment, and thereby address cycles of neglect. With sections on mothers in prison and interventions following child care proceedings, Mothers Accused and Abused will be a valuable resource to those working in the criminal and civil justice systems, social work and mental health as well as others who, in a professional or personal capacity, encounter troubled mothers and their children.