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The Quest for Core Values in the Application of Legal Norms

2021-10-24 Law
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Release : 2021-10-24
Genre : Law
Kind : eBook
Book Rating : 535/5 ( reviews)

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Book Synopsis The Quest for Core Values in the Application of Legal Norms by : Khalid Ghanayim

Download or read book The Quest for Core Values in the Application of Legal Norms written by Khalid Ghanayim. This book was released on 2021-10-24. Available in PDF, EPUB and Kindle. Book excerpt: Relations between societal values and legal doctrine are inevitably complex given the time lag between law and social reality, and the sociological space between legal communities involved in the development and application of the law and non-legal communities affected by it. It falls on open-ended concepts, such as proportionality, human rights, dignity, freedom, and truth, and on legal frameworks for balancing competing rights and interests, such as self-defense, command or corporate responsibility, and restrictions on freedom of expression, to negotiate chronic tensions between law and society and to bridge existing gaps. The present volume contains chapters by leading experts – former judges on constitutional courts and international courts, and some of the world’s leading criminal law, public law, and international law scholars – offering their points of view and professional analysis of legal notions and doctrines that serve as hubs for the interpretation, application, and contestation of core values, which in turn constitute building blocks of the rule of law. The shared perspective on the interplay between values and legal rules in public law, criminal law, and international law is likely to render the publication a valuable resource for both theoreticians and practitioners, law students, and seasoned legal experts working in diverse legal fields.

Making Aggression a Crime Under Domestic Law

2023-03-13 Law
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Release : 2023-03-13
Genre : Law
Kind : eBook
Book Rating : 91X/5 ( reviews)

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Book Synopsis Making Aggression a Crime Under Domestic Law by : Annegret Hartig

Download or read book Making Aggression a Crime Under Domestic Law written by Annegret Hartig. This book was released on 2023-03-13. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive analysis of the legal questions that arise for the legislative branch when implementing the crime of aggression into domestic law. Despite being the “supreme international crime” that gave birth to international criminal law in Nuremberg, its ICC Statute definition has been incorporated into domestic law by fewer than 20 States. The crime of aggression was also omitted in the rich debate held among German scholars in the early 2000s regarding the legislative implementation of other ICC Statute crimes. The current inability of the International Criminal Court to respond to the Russian aggression towards Ukraine invites the continuation of these academic debates without neglecting the particularities of the crime of aggression. The fundamental issues discussed in this volume include the obligation to criminalize aggression, the core wrong of the crime, the normative gaps under domestic law and the jurisdictional gaps under the ICC Statute. To facilitate the operationalization of domestic implementation, the book explores the technical options for incorporating the definition into domestic law, the geographical ambit of domestic jurisdiction—most notably universal jurisdiction—as well as legal challenges such as immunities. The book is aimed primarily at researchers and States with an interest in the domestic implementation of international criminal law but those already working in the field should also find much of interest contained within it. Dr. Annegret Hartig is Program Director of the Global Institute for the Prevention of Aggression and worked as a researcher at the University of Hamburg where she obtained her doctoral degree in international criminal law.

Honour-Based Violence and Forced Marriages

2022-08-12 Law
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Release : 2022-08-12
Genre : Law
Kind : eBook
Book Rating : 656/5 ( reviews)

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Book Synopsis Honour-Based Violence and Forced Marriages by : Clara Rigoni

Download or read book Honour-Based Violence and Forced Marriages written by Clara Rigoni. This book was released on 2022-08-12. Available in PDF, EPUB and Kindle. Book excerpt: In the last 20 years, the related phenomena of honour-based violence and forced marriages have received increasing attention at the international and European level. Punitive responses towards this type of violence have been adopted, including ad hoc criminalisation and legislation containing direct references to the concepts of honour, culture, and tradition. However, criminal law-based responses present several shortcomings and have often disregarded the specific needs that victims of such crimes might encounter. This book examines the possibility of using alternative programmes to address cases of honour-based violence and forced marriages. After reviewing previous existing literature, it presents new empirical data. Introducing a case study from the United Kingdom, the book recalls the debate on Sharia Councils and the Muslim Arbitration Tribunal, but examines instead other community-based secular programmes. By comparison, a study from Norway on the work of the National Mediation Agency and the so-called Cross-Cultural Transformative Mediation model is investigated as part of a larger multi-agency approach. Ultimately, in an attempt to reconcile pluralism and the rule of law, the book proposes effective ways to tackle honour crimes based on cooperation and individualisation of the proceedings, and capable of improving women’s access to justice and reducing secondary victimisation. The book will be essential reading for researchers and academics in Law, Criminology, Sociology, and Anthropology and for policy-makers and practitioners working with honour-based violence cases.

Mind and Rights

2023-02-16 Political Science
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Release : 2023-02-16
Genre : Political Science
Kind : eBook
Book Rating : 566/5 ( reviews)

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Book Synopsis Mind and Rights by : Matthias Mahlmann

Download or read book Mind and Rights written by Matthias Mahlmann. This book was released on 2023-02-16. Available in PDF, EPUB and Kindle. Book excerpt: Mind and Rights combines historical, philosophical, and legal perspectives with research from psychology and the cognitive sciences to probe the justification of human rights in ethics, politics and law. Chapters critically examine the growth of the human rights culture, its roots in history and current human rights theories. They engage with the so-called cognitive revolution and investigate the relationship between human cognition and human rights to determine how insights gained from modern theories of the mind can deepen our understanding of the foundations of human rights. Mind and Rights argues that the pursuit of the human rights idea, with its achievements and tragic failures, is key to understand what kind of beings humans are. Amidst ongoing debate on the universality and legitimacy of human rights, this book provides a uniquely comprehensive analysis of great practical and political importance for a culture of legal justice undergirded by rights. This title is also available as open access on Cambridge Core.

Law and Social Movements

2017-07-05 Law
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Release : 2017-07-05
Genre : Law
Kind : eBook
Book Rating : 735/5 ( reviews)

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Book Synopsis Law and Social Movements by : Michael McCann

Download or read book Law and Social Movements written by Michael McCann. This book was released on 2017-07-05. Available in PDF, EPUB and Kindle. Book excerpt: The work of both socio-legal scholars and specialists working in social movements research continues to contribute to our understanding of how law relates to and informs the politics of social movements. In the 1990s, an important line of new research, most of it initiated by those working in the law and society tradition, began to bridge the gaps between these two areas of scholarship. This work includes new approaches to group ?legal mobilization? politics; analysis of the judicial impact on social reform struggles; studies of individual legal mobilization in civil disputing and an almost entirely new area of research in ?cause lawyering?. It brings together the best of this research introduced by a detailed essay by the editor.

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