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Comparative Executive Clemency

Comparative Executive Clemency Author Andrew Novak
ISBN-10 9781317602644
Release 2015-08-20
Pages 204
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Virtually every constitutional order in the common law world contains a provision for executive clemency or pardon in criminal cases. This facility for legal mercy is not limited to a single place in modern legal systems, but is instead realized through various practices such as a law enforcement officer’s decision to arrest, a prosecutor’s decision to prosecute, and a judge’s decision to convict and sentence. Doubts about legal mercy in any form as unfair, unguided, or arbitrary are as ubiquitous as the exercise of mercy itself.? This book presents a comparative analysis of the clemency and pardon power in the common law world. Andrew Novak compares the modern development, organization, and practice of constitutional and statutory schemes of clemency and pardon in the United Kingdom, United States, and Commonwealth jurisdictions. He asks whether the bureaucratization of the clemency power is in line with global trends, and explores how innovations in legislative involvement, judicial review, and executive consultation have made the mercy and pardon procedure more transparent. The book concludes with a discussion on the future of the clemency and pardon power given the decline of the death penalty in the Commonwealth and the rise of the modern institution of parole. As a work concerned with the practice of mercy in the common law world, this book will be of great interest to researchers and students of international and comparative criminal justice and international human rights law.



The Changing Contours of Criminal Justice

The Changing Contours of Criminal Justice Author Mary Bosworth
ISBN-10 9780198783237
Release 2016-11-24
Pages 384
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Celebrating the 50th Anniversary of the Oxford Centre for Criminology, this edited collection of essays seeks to explore the changing contours of criminal justice over the past half century and to consider possible shifts over the next few decades.The question of how social science disciplines develop and change does not invite any easy answer, with the task made all the more difficult given the highly politicised nature of some subjects and the volatile, evolving status of its institutions and practices. A case in point is criminal justice:at once fairly parochial, much criminal justice scholarship is now global in its reach and subject areas that are now accepted as central to its study - victims, restorative justice, security, privatization, terrorism, citizenship and migration (to name just a few) - were topics unknown to thediscipline half a century ago. Indeed, most criminologists would have once stoutly denied that they had anything to do with it. Likewise, some central topics of past criminological attention, like probation, have largely receded from academic attention and some central criminal justice institutions,like Borstal and corporal punishment, have, at least in Europe, been abolished. Although the rapidity and radical nature of this change make it quite impossible to predict what criminal justice will look like in fifty years' time, reflection on such developments may assist in understanding how itarrived at its current form and hint at what the future holds.The contributors to this volume have been invited to reflect on the impact Oxford criminology has had on the discipline, providing a unique and critical discussion about the current state of criminal justice around the world and the origins and future implications of contemporary practice. All areleading internationally-renowned criminologists whose work has defined and often re-defined our understanding of criminal justice policy and literature.



Pardons

Pardons Author Kathleen Dean Moore
ISBN-10 0195354265
Release 1997-07-03
Pages 288
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In Pardons, Kathleen Dean Moore addresses a host of crucial questions surrounding acts of clemency, including what justifies pardoning power, who should be pardoned, and the definition of an unforgivable crime. Illustrating her arguments with rich and fascinating historical examples--some scandalous or funny, others inspiring or tragic--Moore examines the philosophy of pardons from King James II's practice of selling pardons for two shillings, through the debates of the Founding Fathers over pardoning power, to the record low number of pardons during recent U. S. administrations. Carefully analyzing the moral justification of clemency, Moore focuses on presidential pardons, revealing that over and over again--after the Civil War, after Prohibition, after the Vietnam War, and after Watergate--controversies about pardons have arisen at times when circumstances have prevented people from thinking dispassionately about them. Her groundbreaking study concludes with recommendations for the reform of presidential pardoning practices.



The Conscious Parent s Guide to Executive Functioning Disorder

The Conscious Parent s Guide to Executive Functioning Disorder Author Rebecca Branstetter
ISBN-10 9781440594335
Release 2016-01-01
Pages 240
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Help your child feel confident and capable! If your child has been given a diagnosis of executive functioning disorder, you may be feeling overwhelmed and unsure of what to do next. You want your child to be able to master certain basic skills, such as being organized, staying focused, and controlling impulses and emotions. But what if your child is having trouble with one or all of these skills? With The Conscious Parent's Guide to Executive Functioning Disorder, you'll learn how to take a relationship-centered approach to parenting as you help improve your child's executive functioning skills: Task initiation Response inhibition Focus Time management Working memory Flexibility Self-regulation Completing tasks Organization Conscious parenting is about being present with your children and taking the time to understand how to help them flourish. With the strategies and advice in this guide, you and your child will build sustainable bonds, develop positive behaviors, and improve executive functioning skills for life. And you'll find that conscious parenting helps create a calm and mindful atmosphere for the whole family, while helping your child feel competent, successful, and healthy.



The International Criminal Court

The International Criminal Court Author Andrew Novak
ISBN-10 9783319158327
Release 2015-03-11
Pages 116
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This book is about the International Criminal Court (ICC), a new and highly distinctive criminal justice institution with the ability to prosecute the highest-level government officials, including heads of state, even in countries that have not accepted its jurisdiction. The book explores the historical development of international criminal law and the formal legal structure created by the Rome Statute, against the background of the Court’s search for objectivity in a political global environment. The book reviews the operations of the Court in practice and the Court’s position in the power politics of the international system. It discusses and clarifies all stages of an international criminal proceeding from the opening of the investigation to sentencing, reparations, and final appeals in the context of its restorative justice mission. Making appropriate comparisons and contrasts between the international criminal justice system and domestic and national systems, the book fills a gap in international criminal justice study.



Getting to the Rule of Law

Getting to the Rule of Law Author James E. Fleming
ISBN-10 9780814728444
Release 2011-09-01
Pages 311
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The rule of law has been celebrated as “an unqualified human good," yet there is considerable disagreement about what the ideal of the rule of law requires. When people clamor for the preservation or extension of the rule of law, are they advocating a substantive conception of the rule of law respecting private property and promoting liberty, a formal conception emphasizing an “inner morality of law,” or a procedural conception stressing the right to be heard by an impartial tribunal and to make arguments about what the law is? When are exertions of executive power “outside the law” justified on the ground that they may be necessary to maintain or restore the conditions for the rule of law in emergency circumstances, such as defending against terrorist attacks? In Getting to the Rule of Law a group of contributors from a variety of disciplines address many of the theoretical legal, political, and moral issues raised by such questions and examine practical applications “on the ground” in the United States and around the world. This timely, interdisciplinary volume examines the ideal of the rule of law, questions when, if ever, executive power “outside the law” is justified to maintain or restore the rule of law, and explores the prospects for and perils of building the rule of law after military interventions.



Fresh Perspectives on the War on Terror

Fresh Perspectives on the  War on Terror Author Miriam Gani
ISBN-10 9781921313745
Release 2008-07-01
Pages 419
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On 20 September 2001, in an address to a Joint Session of Congress and the American people, President George W Bush declared a 'war on terror'. The concept of the 'war on terror' has proven to be both an attractive and a potent rhetorical device. It has been adopted and elaborated upon by political leaders around the world, particularly in the context of military action in Afghanistan and Iraq. But use of the rhetoric has not been confined to the military context. The 'war on terror' is a domestic one, also, and the phrase has been used to account for broad criminal legislation, sweeping agency powers and potential human rights abuses throughout much of the world. This collection seeks both to draw on and to engage critically with the metaphor of war in the context of terrorism. It brings together a group of experts from Australia, Canada, the United Kingdom, France and Germany who write about terrorism from a variety of disciplinary perspectives including international law and international relations, public and constitutional law, criminal law and criminology, legal theory, and psychology and law.



The Global Decline of the Mandatory Death Penalty

The Global Decline of the Mandatory Death Penalty Author Andrew Novak
ISBN-10 9781317030270
Release 2016-03-16
Pages 200
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Historically, at English common law, the death penalty was mandatory for the crime of murder and other violent felonies. Over the last three decades, however, many former British colonies have reformed their capital punishment regimes to permit judicial sentencing discretion, including consideration of mitigating factors. Applying a comparative analysis to the law of capital punishment, Novak examines the constitutional jurisprudence and resulting legislative reform in the Caribbean, Sub-Saharan Africa, and South and Southeast Asia, focusing on the rapid retreat of the mandatory death penalty in the Commonwealth over the last thirty years. The coordinated mandatory death penalty challenges - which have had the consequence of greatly reducing the world’s death row population - represent a case study of how a small group of lawyers can sponsor human rights litigation that incorporates international human rights law into domestic constitutional jurisprudence, ultimately harmonizing criminal justice regimes across borders. This book is essential reading for anyone interested in the study and development of human rights and capital punishment, as well as those exploring the contours of comparative criminal justice.



Policy and Practice in Primary Education

Policy and Practice in Primary Education Author Robin Alexander
ISBN-10 9781135100438
Release 2012-11-12
Pages 336
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Detailed accounts of two influential initiatives of the 1990s, whose educational and political lessons remain highly relevant: systemic and pedagogic reform in one of Britain’s largest cities, and the controversial ‘three wise men’ government enquiry into primary teaching to which it led. Alexander's controversial and widely-read report on primary education in Leeds has now been revised as a major study of policy initiatives in primary education and their impact on practice. The book examines an ambitious programme of local reform aimed at improving teaching and learning in the primary schools of one of Britain's largest cities. It addresses important questions about children's needs, the curriculum, classroom practice and school management. When first published, Robin Alexander's report was hailed as `seminal' and `the most important document since Plowden' but it was also quoted and misquoted in support of widely opposed political and media agendas. This new edition retains Part I from the first edition, detailing the impact of Leeds LEA's programme for educational reform. However, it also provides a totally new and greatly extended Part II, which gives an insider's account of the sequel to the Leeds report - the government's 1992 'three wise men' report. There is also a new introduction.



Low Carbon Transport in Asia

Low Carbon Transport in Asia Author Eric Zusman
ISBN-10 9781136576386
Release 2012-03-29
Pages 296
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Without the effective participation of developing Asia, a climate crisis is certain. Within developing Asia, the key to averting such a crisis lies in low carbon transport. China, India and Asia's other emerging economies could promote fuel efficient vehicles, public transport, and sustainable urban planning. Or they could become locked into inefficient vehicles, energy intensive infrastructure, and suburban sprawl. The path they choose will have long-term implications for the entire world. And it will depend upon the extent to which they adopt a co-benefit approach. A co-benefit approach involves recognizing that some transport policies mitigate greenhouse gases while simultaneously improving urban air quality, commuting times and energy security. Accounting for these additional benefits can overcome a reluctance to bear the costs of climate actions. But it also presents unique technical, financial, and institutional challenges to decision-makers unaccustomed to optimizing multiple benefits. The book represents a pioneering effort to identify and remove barriers to a co-benefit approach in developing Asia's transport sector. The introductory section makes the case for co-benefits in developing Asia's transport sector. The second section features analytical frameworks to identify strategies with potential co-benefits, offering new findings on black carbon and dieselization. The third section grounds the analytic work in case studies on fuel switching in Pakistan, urban planning in Bandung, Indonesia, congestion charges in Beijing, vehicle restraints in Hanoi and bus rapid transit in Jakarta. A final section examines whether a post-2012 climate regime can help transform a rapidly motorizing Asia into a low carbon Asia. This book is essential reading for transport policy makers, planners, and researchers concerned with low carbon transport, climate change and development in Asia and the wider world.



Discipline Punish

Discipline   Punish Author Michel Foucault
ISBN-10 9780307819291
Release 2012-04-18
Pages 352
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In this brilliant work, the most influential philosopher since Sartre suggests that such vaunted reforms as the abolition of torture and the emergence of the modern penitentiary have merely shifted the focus of punishment from the prisoner's body to his soul.



Adjudication in Action

Adjudication in Action Author Baudouin Dupret
ISBN-10 9781409431510
Release 2011
Pages 365
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A rich, praxeological study that engages with 'living law' as it unfolds in context and in action to develop a fuller understanding of what law is, Adjudication in Action engages with Wittgenstein's later thought along with recent developments in ethnomethodology and conversation analysis, to explore people's orientation around and reification of legal categories within the framework of institutional settings.



The Death Penalty in Africa Foundations and Future Prospects

The Death Penalty in Africa  Foundations and Future Prospects Author A. Novak
ISBN-10 9781137438775
Release 2014-04-16
Pages 122
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In recent years the death penalty has sharply declined across Africa, but this trend belies actual public opinion and the retributivist sentiments held by political elites. This study explains capital punishment in Africa in terms of culturally specific notions of life and death as well as the colonial-era imposition of criminal and penal policy.



Women s Rights in the Middle East and North Africa

Women s Rights in the Middle East and North Africa Author Sanja Kelly
ISBN-10 1442203978
Release 2010-07-16
Pages 672
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Freedom HouseOs innovative publication WomenOs Rights in the Middle East and North Africa: Progress Amid Resistance analyzes the status of women in the region, with a special focus on the gains and setbacks for womenOs rights since the first edition was released in 2005. The study presents a comparative evaluation of conditions for women in 17 countries and one territory: Algeria, Bahrain, Egypt, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Morocco, Oman, Palestine (Palestinian Authority and Israeli-Occupied Territories), Qatar, Saudi Arabia, Syria, Tunisia, United Arab Emirates, and Yemen. The publication identifies the causes and consequences of gender inequality in the Middle East, and provides concrete recommendations for national and international policymakers and implementers. Freedom House is an independent nongovernmental organization that supports democratic change, monitors freedom, and advocates for democracy and human rights. The project has been embraced as a resource not only by international players like the United Nations and the World Bank, but also by regional womenOs rights organizations, individual activists, scholars, and governments worldwide. WomenOs rights in each country are assessed in five key areas: (1) Nondiscrimination and Access to Justice; (2) Autonomy, Security, and Freedom of the Person; (3) Economic Rights and Equal Opportunity; (4) Political Rights and Civic Voice; and (5) Social and Cultural Rights. The methodology is based on the Universal Declaration of Human Rights, and the study results are presented through a set of numerical scores and analytical narrative reports.



Nationalism and Private Law in Europe

Nationalism and Private Law in Europe Author Guido Comparato
ISBN-10 9781782253877
Release 2014-12-01
Pages 312
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While the internationalisation of society has stimulated the emergence of common legal frameworks to coordinate transnational social relations, private law itself is firmly rooted in national law. European integration processes have altered this state of affairs to a limited degree with a few, albeit groundbreaking, interventions that have tended to engender resistance from various actors within European nation-states. Against that background, this book takes as its point of departure the need to understand the process of legal denationalisation within broader political frameworks. In particular it seeks to make sense of opposition to Europeanisation at this point in the evolution of European law when, despite growing nationalist attitudes, great efforts have been made to produce comprehensive legal instruments to synthesise general contract law - an area that has traditionally been solely within the ambit of nation-states. Combining insights from the disciplines of law, history and political science, the book investigates the conceptual and cultural associations between law and the nation-state, examines the impact of nationalist ideas in modern legal thought and reveals the nationalist underpinnings of some of the arguments employed against and, somewhat paradoxically, even in support of legal Europeanisation. The author's research for this book has been supported by the Hague Institute for the Internationalisation of Law.



Murder and Society

Murder and Society Author Peter Morrall
ISBN-10 9780470030226
Release 2006-10-02
Pages 214
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Human psychological and physical well-being is damaged and destroyed when people are deliberately killed by other people. There are millions of primary and secondary victims of murder throughout the world, and human society as a whole is a tertiary victim of murder. Despite this, people are often fascinated and engrossed by stories of homicide and killers. This book provides a fascinating exploration of murder, providing an insight into what leads people to kill and what effect this has on society as a whole. This book is organized into five chapters that each answer a specific question on murder: What is Murder? Who Commits Murder? Why Commit Murder? Why is Murder Devastating? Why is Murder Fascinating?



Making We the People

Making We the People Author Chaihark Hahm
ISBN-10 9781316425169
Release 2015-12-10
Pages
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What does it mean to say that it is 'We the People' who 'ordain and establish' a constitution? Who are those sovereign people, and how can they do so? Interweaving history and theory, constitutional scholar Chaihark Hahm and political theorist Sung Ho Kim attempt to answer these perennial questions by revisiting the constitutional politics of postwar Japan and Korea. Together, these experiences demonstrate the infeasibility of the conventional assumption that there is a clearly bounded sovereign 'people' prior to constitution-making that stands apart from both outside influence and troubled historical legacies. The authors argue that 'We the People' only emerges through a deeply transformative politics of constitutional founding and, as such, a democratic constitution and its putative author are mutually constitutive. Highly original and genuinely multidisciplinary, this book will be of interest to democratic theorists and scholars of comparative constitutionalism as well as observers of ongoing constitutional debates in Japan and Korea.