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A wide variety of problem-solving courts have been developed in the United States over the past two decades and are now being adopted in countries around the world. These innovative courts--including drug courts, community courts, domestic violence courts, and mental health courts--do not simply adjudicate offenders. Rather, they attempt to solve the problems underlying such criminal behaviors as petty theft, prostitution, and drug offenses. Legal Accents, Legal Borrowing is a study of the international problem-solving court movement and the first comparative analysis of the development of these courts in the United States and the other countries where the movement is most advanced: England,...
The gap between what the law and legal processes deliver for victims of domestic abuse and what they actually need has, in some instances, arguably widened. This book provides the reader with a thorough understanding of the remedies available to victims in the civil, family and criminal law. It contends that expectations of the legal remedies have increased as the number and scope of remedies has proliferated. It further examines how legal responses to domestic abuse have evolved over the past decade and explores how the victim’s rights narrative and associated litigation, which has become prevalent in legal discourse and criminal justice reforms, has shifted expectations and impacted domestic abuse policy and law. The book presents a valuable addition to the literature in drawing on a discourse familiar to those with an interest in human rights, demonstrating its impact on a substantive area of law of great significance to both family and criminal lawyers and anyone with an interest in domestic abuse and legal responses.
This book aims to examine legal responses to domestic violence in a holistic way. In England and Wales, as in other jurisdictions, much attention has been paid to the criminal justice response to domestic violence. The response of the civil justice system has not been ignored, but has been somewhat marginalized. Legal Responses to Domestic Violence takes a systematic approach to examining legal responses, encompassing the full range of decision makers within the legal system to analyze developments in substantive law and practice, in particular the movement towards an integrated justice approach.
Carol has always resented her family - her mother, endlessly knitting, her father and his obsession with next door's encroaching garden hedge, and her brother, ever silent and scheming. So when she is invited to meet the vibrant, bohemian family next door in their messy house full of books and paintings and empty of rules, Carol soon begins a secret double life over the much-hated garden hedge. Here Carol voices her greatest fantasy and tells her first major lie...that she is adopted. But on her 16th birthday Carol receives the shock of her life when her wish comes true. And as, years later, Carol frenetically narrates her story from a psychiatric unit, we realise how it affected her and those around her in the darkest of ways...
The fifth edition of The Criminal Process continues in the tradition of previous editions in providing an insightful and stimulating analysis of the key issues in criminal processes and procedures. The authors draw on arguments from the law, research, policy, and principle, to present an authoritative overview of this area of study. This edition includes a new chapter on the interface between criminal and civil (preventive) justice, and the addition of questions for discussion and suggested readings at the end of each chapter to facilitate debate and further research.
Provocative, audacious and challenging, this book rejuvenates not only the historical study of law but also the role of Law Schools by asking which stories we tell and which stories we forget. It argues that a historical approach to law should be at the beating heart of the Law School curriculum. Far from being archaic, elitist and dull, historical perspectives on law are and should be subversive. Comparison with the past underscores: how the law and legal institutions are not fixed but are constructed; that every line drawn in the law and everything the law holds as sacred is actually arbitrary; and how the environment into which law students are socialised is a historical construct. A subv...
Why do governments try to limit the application of jury trials, both in countries where jury trials are native and in countries that have more recently instituted them? This is a critical question today as government authorities are trying to limit the role of juries, especially when it comes to complex fraud cases, national security/terrorism cases, and cases where juries seem to have a propensity for high acquittal rates. Therefore, understanding how governments are promoting and constraining jury trials is important. This book analyzes the reasons that motivate governments to introduce jury trial practices and the factors that condition the role these types of trials play in the administration of criminal justice systems as a whole. The book's research derives its finding from the comparative analysis of criminal justice systems of the United Kingdom, the Russian Federation, and the Republic of Azerbaijan. It also assesses prospects of the application of jury trials in the Republic of Azerbaijan based on analysis of the criminal justice systems of countries where these practices already exist.
The emergence of feminist rewriting of key judgments has been one of the most interesting recent developments in legal methodology. This unique enterprise has seen scholars collaborate in the 'real world' task of reassessing jurisprudence in light of feminist perspectives. This important new volume makes a significant contribution to the endeavour, exploring how key judgments in international law might have differed if feminist judges had sat on the bench. This collection asks whether feminist perspectives can offer meaningful and viable alternatives to international law norms; and if so, whether that application results in distinguishable differences in outcomes. It answers these questions with particular reference to sources of international law, the public and private divide, State responsibility, State immunities, treaty law, State sovereignty, human rights protection, global governance, and the concept of violence in international law. This landmark publication offers a truly innovative reassessment of international law. Winner of the 2020 ASIL Certificate of Merit for a Preeminent Contribution to Creative Scholarship.
Business Law and Economics for Civil Law Systems highlights the relevance of economic analysis of business law from a civilian perspective. It integrates a comparative approach (common law and civil law) to economic analysis using tools and illustrations to assist in conducting critical economic analysis of rules in the field of business law. This book is a valuable contribution to the reflection on the place and meaning of value creation and accountability as goals for business law. It will be of great value to academics interested in business law, competition law, comparative law and legal theory, students studying law, business and economics, and to policy makers and regulators.
The Oxford Handbook of Transnational Law offers a comprehensive compendium for the field of Transnational Law by providing a unique and unparalleled treatment and presentation in an area that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, as well as practice today. With a considerable contribution from and engagement with social sciences, the Handbook features numerous reflections on the relationship between transnational law and legal practice.