What are drug courts? Do they work? Why are they so popular? Should countries be expanding them or rolling them back? These are some of the questions this volume attempts to answer. Simultaneously popular and problematic, loved and loathed, drug courts have proven an enduring topic for discussion in international drug policy debates. Starting in Miami in the 1980s and being exported enthusiastically across the world, we now have a range of international case studies to re-examine their effectiveness. Whereas traditional debates tended towards binaries like “do they work?”, this volume attempts to unpick their export and implementation, contextualising their efficacy. Instead of a simple yes or no answer, the book provides key insights into the operation of drug courts in various parts of the world. The case studies range from a relatively successful small-scale model in Australia, to the large and unwieldy business of drug courts in the US, to their failed scale-up in Brazil and the small and institutionally adrift models that have been tried in England, Scotland, Wales and Ireland. The book concludes that although drug courts can be made to work in very specific niche contexts, the singular focus on them as being close to a “silver bullet” obscures the real issues that societies must address, including (but not limited to) a more comprehensive and full-spectrum focus on diverting drug-involved individuals away from the criminal justice system.
In the last two decades, the philosophy of criminal law has undergone a vibrant revival in Canada. The adoption of the Charter of Rights and Freedoms has given the Supreme Court of Canada unprecedented latitude to engage with principles of legal, moral, and political philosophy when elaborating its criminal law jurisprudence. Canadian scholars have followed suit by paying increased attention to the philosophical foundations of domestic criminal law. Because of Canada's leadership in international criminal law, both at the level of the International Criminal Court and of specific war crimes tribunals, they have also begun to turn their attention to international criminal law per se. This collection seeks to bring all these Canadian voices together for the first time, and evidence the fact that criminal law theory is no longer to be associated exclusively with the older British, German and American traditions. The topics covered include questions of philosophical methodology, the legitimate scope of domestic and international criminalization, rationales for criminal law defences in both domestic and international law, the philosophical underpinnings of specific crimes and forms of joint responsibility, as well as the theorization of criminal procedure and evidence law. ENDORSEMENTS "In continental Europe, academic commentary on the criminal law has long manifested large philosophical ambitions. Less so in common-law countries, where the dominance of jury trial and the piecemeal development of case-law, together with the famously robust attitudes of common lawyers, have militated against detailed philosophical engagement with doctrine. Over the last 20 years or so, however, new generations of philosophically-literate lawyers and legally-informed philosophers have overcome the historic resistance. Nowhere more so, it seems, than in Canada, where the common law and civilian traditions meet. In 'Rethinking Criminal Law Theory', François Tanguay-Renaud and James Stribopoulos have joined with 14 talented Canadian colleagues to showcase the tremendous breadth and depth of their contemporary national contribution to the subject. Ranging across topics as diverse as emergency, obscenity, and insanity, these essays - without exception insightful and penetrating -set a high standard for the rest of us to aspire to.'' John Gardner, University of Oxford "'Rethinking Criminal Law Theory' is an excellent collection of essays demonstrating the vigour, creativity and range of Canadian criminal justice scholarship. It covers a wide range of problems and issues both in the domestic and the international context. Core questions are examined in depth and new questions are brought to the fore. I recommend it very highly to criminal lawyers and philosophers of the criminal law." Professor Victor Tadros, University of Warwick "'Rethinking Criminal Law Theory 'is packed with outstanding contributions from criminal law theorists who are among the best not only in Canada, but in the whole English-speaking world. Broad and deep in its coverage, the collection offers fresh approaches to a wide range of cutting-edge issues in the field. It provides a resource readers will come back to repeatedly." Stuart Green, Professor of Law and Justice Nathan L Jacobs Scholar, Rutgers University
“The strength of this book is that it does not look at a single case or even a few disparate examples of drug, weapon, and human trafficking but looks at many patterns—intra-regionally, cross-nationally, and internationally. It is an innovative addition to the literature on the nature of the safe havens—or ‘black spots’—currently being used for illicit activity. This book will make a clear impact on the scholarship of transnational crime and the geopolitics of the illicit global economy.” —Jeremy Morris, Aarhus University, Denmark Transnational criminal, insurgent, and terrorist organizations seek places that they can govern and operate from with minimum interference from law enforcement. This book examines 80 such safe havens which function outside effective state-based government control and are sustained by illicit economic activities. Brown and Hermann call these geographic locations ‘black spots’ because, like black holes in astronomy that defy the laws of Newtonian physics, they defy the world as defined by the Westphalian state system. The authors map flows of insecurity such as trafficking in drugs, weapons, and people, providing an unusually clear view of the hubs and networks that form as a result. As transnational crime is increasing on the internet, Brown and Hermann also explore if there are places in cyberspace which can be considered black spots. They conclude by elaborating the challenges that black spots pose for law enforcement and both national and international governance.
Morrissey explores CENTCOM's Cold War origins and evolution, before addressing key elements of the command's grand strategy, including its interventionary rationales and use of the law in war. Engaging a wide range of scholarship, he then looks in-depth at the military interventions CENTCOM has spearheaded.
This book presents a selection of revised and updated papers presented in September 2018 at the International Conference ‘Rethinking the Crime of Aggression: International and Interdisciplinary Perspectives’, which was held in Marburg, Germany, and hosted by the International Research and Documentation Centre for War Crimes Trials (ICWC). In light of the activation of the jurisdiction of the International Criminal Court concerning the crime of aggression, international experts from various disciplines such as law, history, the social sciences, psychology and economics came together to enhance the understanding of this complex and challenging matter and thereby opened a cross-disciplinary dialogue regarding aggressive war and the crime of aggression: a dialogue that not only addresses the historical genesis of the current situation, the content of the new aggression provisions, their implementation in practice and their possible regulatory effects, but also instigates perspectives for investigating future developments and issues. Stefanie Bock is Professor of Criminal Law, Criminal Procedure, International Criminal Law and Comparative Law in the Department of Law at the Philipps University of Marburg in Germany and Co-Director of the International Research and Documentation Centre for War Crimes Trials. Eckart Conze is Professor of Modern and Contemporary History in the Department of History at the Philipps University of Marburg in Germany and Co-Director of the International Research and Documentation Centre for War Crimes Trials.
Ten years after the terrorist attacks of September 11, 2011, Rethinking the Law of Armed Conflict in an Age of Terrorism, edited by Christopher Ford and Amichai Cohen, brings together a range of interdisciplinary experts to examine the problematic encounter between international law and challenges presented by conflicts between developed states and non-state actors, such as international terrorist groups. Through examinations of the counter-terrorist experiences of the United States, Israel, and Colombia--coupled with legal and historical analyses of trends in international humanitarian law--the authors place post-9/11 practice in the context of the international legal community's broader struggle over the substantive content of international rules constraining state behavior in irregular wars and explore trends in the development of these rules. From the beginning of international efforts to rewrite the laws of armed conflict in the 1970s, the legal rules to govern irregular conflicts of the "state-on-nonstate" variety have been contested terrain. Particularly in the wake of the 9/11 attacks, policymakers, lawyers, and scholars have debated the merits, relevance, and applicability of what are said to be competing "war" and "law enforcement" paradigms of legal constraint--and even the degree to which international law can be said to apply to counter-terrorist conflicts at all. Ford & Cohen's volume puts such debates in historical and analytical context, and offers readers an insight into where the law has been headed in the fraught years since September 2001. The contributors provide the reader with differing perspectives upon these questions, but together their analyses make clear that law-governed restraint remains a cardinal value in counter-terrorist war, even as the law stands revealed as being much more contested and indeterminate than many accounts would have it. Rethinking the Law of Armed Conflict in an Age of Terrorism provides an important conceptual framework through which to view the development of the law as the policy and legal communities move into the second decade of the "global war on terrorism."
[In this text, the author] provides [an] exploration of legal and moral justifications for humanitarian intervention ... He opens new analytic vistas and provides a foundation for resolving conflicts over the content of the law. He [also] applies the framework in masterly examinations of intervention in Bosnia, Somalia, Rwanda, Haiti, and Kosovo.-Back cover.
Rethinking the American Prison Movement provides a short, accessible overview of the transformational and ongoing struggles against America’s prison system. Dan Berger and Toussaint Losier show that prisoners have used strikes, lawsuits, uprisings, writings, and diverse coalitions with free-world allies to challenge prison conditions and other kinds of inequality. From the forced labor camps of the nineteenth century to the rebellious protests of the 1960s and 1970s to the rise of mass incarceration and its discontents, Rethinking the American Prison Movement is invaluable to anyone interested in the history of American prisons and the struggles for justice still echoing in the present day.
