Criminal Legalities and Minorities in the Global South
Criminal Legalities and Minorities in the Global South

Author: George B. Radics

Publisher: Springer Nature

Published: 2023-01-24

Total Pages: 303

ISBN-13: 3031179188

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This book explores how the law and the institutions of the criminal justice system expose minorities to different types of violence, either directly, through discrimination and harassment, or indirectly, by creating the conditions that make them vulnerable to violence from other groups of society. It draws on empirical insights across a broad array of communities and locales including Afghanistan, Colombia, Pakistan, India, Malawi, Turkey, Brazil, Singapore, Puerto Rico, and the Philippines. It examines the challenges of protecting those at the margins of power, especially those whom the law is often used to oppress. The chapters explore intersecting, marginal identities influenced by four factors: rebuilding after violent regimes, economic interest behind the violence, entrenched cultural biases, and criminalisation of diversity. It provides scholars from the Global North with important lessons when attempting to impose their own solutions onto nations with a different history and context, or when applying their own laws to migrants from the Global South nations explored in this book. It speaks to legal and social science scholars in the fields of law, sociology, criminology, and social work.

Criminal Legalities in the Global South
Criminal Legalities in the Global South

Author: Pablo Ciocchini

Publisher: Routledge

Published: 2019-08-22

Total Pages: 221

ISBN-13: 0429861680

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This edited volume presents the work of academics from the Global South and explores, from local and regional settings, how the legal order and people’s perceptions of it translates into an understanding of what constitutes "criminal" behaviors or activities. This book aims to address the gap between criminal law in theory and practice in the Global South by assembling 11 chapters from established and emerging scholars from various underrepresented regions of the world. Drawing on research from Singapore, the Philippines, Peru, Indonesia, India, the Dominican Republic, Burma, Brazil, Bangladesh, and Argentina, this book explores a range of issues that straddle the line between social deviance and legal crimes in such societies, including extramarital affairs, gender-based violence, gambling, LGBT issues, and corruption. Issues of inclusivity versus exclusivity, modernity versus tradition, globalization of capital versus cultural revivalism are explored. The contributions critically analyze the role politics and institutions play in shaping these issues. There is an urgent need for empirical studies and new theoretical approaches that can capture the complexity of crime phenomena that occur in the Global South. This book will provide essential material to facilitate the development of new approaches more suitable to understanding the social phenomena related to crime in these societies. This book will make an important contribution in the development of Southern criminology. It will be of interest to students and researchers of criminology and sociology engaged in studies of sentencing and punishment, theories of crime, law and practice, and postcolonialism.

Constitutional Law and the Politics of Ethnic Accommodation
Constitutional Law and the Politics of Ethnic Accommodation

Author: Bashir Mobasher

Publisher: Taylor & Francis

Published: 2023-12-29

Total Pages: 150

ISBN-13: 1003806147

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This book explores whether the legal and political institutions of Afghanistan were able to incorporate diverse ethnic groups into the political process. Ethnic accommodation has gained central stage in the literature on institutional design and democratic consolidation. However, some divided societies are more explored than others, and Afghanistan is one understudied country that is critically important for testing and improving our theories of institutional design in a democratizing, plural society. This work examines the Constitution of 2004 and those provisions of electoral laws and political party laws that together devised Afghan political institutions including those of the presidential system, unitary government, electoral systems as well as the party system. It argues that due to their incongruence in design and effects, the Afghan political institutions failed to fully accommodate ethnic groups in the political process. This book adopts a holistic approach, while also paying careful attention to the details of each of the individual pieces of political institutions designed by the Constitution of 2004. Taken together, this approach yields insights into the boundaries and interactions of institutional design and how their interactions hinder or advance ethnic accommodation in varying contexts. The book will be essential reading for academics, researchers and policy makers interested in constitutional law and politics.

International Criminal Law—A Counter-Hegemonic Project?
International Criminal Law—A Counter-Hegemonic Project?

Author: Florian Jeßberger

Publisher: Springer Nature

Published: 2022-11-25

Total Pages: 283

ISBN-13: 9462655510

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This book enquires into the counter-hegemonic capacity of international criminal justice. It highlights perspectives and themes that have thus far often been neglected in the scholarship on (critical approaches to) international criminal justice. Can international criminal justice be viewed as a ‘counter-hegemonic’ project? And if so, under what conditions? In response to these questions, scholars and practitioners from the Global South and North reflect inter alia on the engagement with international criminal justice in the context of Ukraine, Palestine, and minorities in South-Asia while also highlighting the hegemonic tendencies built into the institutional structure of the International Criminal Court on the axes of gender and language. Florian Jeßberger is Professor of Criminal Law and Director of the Franz von Liszt Institute for International Criminal Justice, Humboldt-Universität zu Berlin, Germany. Leonie Steinl is a Senior Lecturer in Criminal Law at Humboldt-Universität zu Berlin, Germany. Kalika Mehta is an Associate Researcher at the Franz von Liszt Institute for International Criminal Justice, Humboldt-Universität zu Berlin, Germany.

Crimes Against Humanity
Crimes Against Humanity

Author: Nergis Canefe

Publisher: University of Wales Press

Published: 2021-04-15

Total Pages: 257

ISBN-13: 1786837048

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This book brings together jurisprudential debates on international criminal law, international law scholarship on the limits of state sovereignty, and applied political philosophy concerning responsibility and accountability in the context of mass political crimes and state criminality. It offers a compelling view of legal reasoning concerning accountability regimes in the Global South. No other study addresses questions of ethical dimensions of mass crimes and accountability for state criminality.

Sustainable Development, International Law, and a Turn to African Legal Cosmologies
Sustainable Development, International Law, and a Turn to African Legal Cosmologies

Author: Godwin Eli Kwadzo Dzah

Publisher:

Published: 2024-02-02

Total Pages: 410

ISBN-13: 1009354035

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This original book analyses and reimagines the concept of sustainable development in international law from a non-Western legal perspective. Built upon the intersection of law, politics, and history in the context of Africa, its peoples and their experiences, customary law and other legal cosmologies, this ground-breaking study applies a critical legal analysis to Africa's interaction with conceptualising and operationalising sustainable development. It proposes a turn to non-Western legal normativity as the foundational principle for reimagining sustainable development in international law. It highlights eco-legal philosophies and principles in remaking sustainable development where ecological integrity assumes a central focus in the reimagined conceptualisation and operationalisation of sustainable development. While this pioneering book highlights Africa as its analytical pivot, its arguments and proposals are useful beyond Africa. Connecting global discourses on nature, the environment, rights and development, Godwin Eli Kwadzo Dzah illuminates our current thinking on sustainable development in international law.

Legal Barbarians
Legal Barbarians

Author: Daniel Bonilla Maldonado

Publisher: Cambridge University Press

Published: 2021-09-09

Total Pages: 197

ISBN-13: 1108833624

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This innovative study presents a genealogy of modern comparative law, examining both theory and practice around the world.

Policing and Minority Communities
Policing and Minority Communities

Author: James F. Albrecht

Publisher: Springer

Published: 2019-07-31

Total Pages: 333

ISBN-13: 3030191826

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This insightful book examines the allegations against the professionalism, transparency, and integrity of law enforcement toward minority groups, from a global perspective. It addresses the challenges inherent in maintaining strong ties with members of the community, and draws attention to obstacles in ensuring public confidence and trust in rule of law institutions. Most importantly, the book provides insight into mechanisms and proposals for policy reform that would permit enhanced police-community partnership, collaboration and mutual respect. Acknowledging the consistency of this concern despite geographic location, ethnic diversity, and religious tolerance, this book considers controversial factors that have caused many groups and individuals to question their relationship with law enforcement. The book examines the context of police-community relations with contributed research from Nigeria, South Africa, Kosovo, Turkey, New Zealand, Mexico, Scandinavia and other North American and European viewpoints. It evaluates the roles that critical factors such as ethnicity, political instability, conflict, colonization, mental health, police practice, religion, critical criminology, socialism, and many other important aspects and concepts have played on perceptions of policing and rule of law. A valuable resource for law enforcement practitioners and researchers, policy makers, and students of criminal justice, Policing and Minority Communities: Contemporary Issues and Global Perspectives confronts crucial challenges and controversies in policing today with quantitative and qualitative research and practical policy recommendations.

International Investment Law and Legal Theory
International Investment Law and Legal Theory

Author: Jörg Kammerhofer

Publisher: Cambridge University Press

Published: 2021-05-06

Total Pages: 391

ISBN-13: 1108996752

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Expropriation is a hotly debated issue in international investment law. This is the first study to provide a detailed analysis of its norm-theoretical dimension, setting out the theoretical foundations underlying its understanding in contemporary legal scholarship and practice. Jörg Kammerhofer combines a doctrinal discussion with a theoretical analysis of the structure of the law in this area, undertaking a novel approach that critically re-evaluates existing case-law and writings. His approach critiques the arguments for a single expropriation norm based on custom, interpretation and arbitral precedents within international investment law, drawing also on generalist international legal thought, to show that both cosmopolitan and sovereigntist arguments are largely political, not legal. This innovative work will help scholars to understand the application of theory to investment law and help specialists in the field to improve their arguments.