Download or read book Penal Abolitionism and Transformative Justice in Brazil written by André R. Giamberardino and published by Taylor & Francis. This book was released on 2023-06-23 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: Penal Abolitionism and Transformative Justice in Brazil discusses how penal abolitionism provides fundamental theoretical bases and practical references for the construction of a transformative justice in Brazil, supporting the claim that justice is a socially constructed conception and that victims do not unanimously stand for punishment. The book explores how the active participation of the protagonists of a conflict in a face-to-face negotiation of symbolic reparation, can produce a sense of justice without the need to punish or impose suffering on anyone. Mapping the ways that restorative justice in Brazil has distanced itself from the potential of transformative justice, to the extent that it fails to politicize the conflict and give voice to victims, the book shows how it has resulted in becoming just a new version of penal alternatives with correctionalist content. Moving away from traditional criminal justice language and also from conservative approaches to restorative justice, the author argues that the communicative potential of the transformative kind of redress can be dissociated from the unproved assumption that legal punishment is essential or even likely to achieve justice or deterrence. The arguments are grounded in the Brazilian reality, where life is marked by deep social inequalities and a high level of police violence. By providing a review of the literature on restorative justice, transformative justice, and abolitionism, the book contextualizes the abolitionist debate in Brazil and its history in the 19th century. Penal Abolitionism and Transformative Justice in Brazil is important reading for students and scholars who study punishment and penal abolitionism, to think about what it is possible to do in societies so deeply marked by social injustice and a history of oppression.
Download or read book Critical Restorative Justice written by Ivo Aertsen and published by Bloomsbury Publishing. This book was released on 2017-11-16 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: Theories and practices of justice do not meet the socio-political challenges of our times. For those theorists attempting to develop an alternative to the criminal justice system, restorative justice has provided an alternative horizon. The restorative justice approach involves meeting people, understanding and recognising their vulnerability through participatory and deliberative forums and practices. The aim of this collection is to bridge the distance between restorative justice and the critical theory tradition. It, on the one hand, takes into account the limits of restorative justice as they have been articulated, or can be articulated through critical social theory, and on the other hand emphasises the ground-breaking potential that restorative justice can bring to this tradition as a way to address crimes, conflicts and injustices, and to pursue justice.
Download or read book The Court of Justice and European Criminal Law written by Valsamis Mitsilegas and published by Bloomsbury Publishing. This book was released on 2019-09-05 with total page 779 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of this book is to provide an insight into the landmark rulings of the Court of Justice of the European Union (CJEU) in European Criminal Law (ECL). As in other areas of EU law, the decisions of the CJEU have been a driving force for development and integration. By analysing the impact of these leading cases on EU and national law, the book provides a diachronic and multifaceted picture of the Court's approach to criminal law.
Download or read book The Role of Fraternity in Law written by Adriana Cosseddu and published by Routledge. This book was released on 2021-12-05 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection discusses the concept of fraternity and examines the issue of its role in law. Since the end of World War II, fraternity has been cited in several national constitutional charters, in addition to the United Nations Universal Declaration of Human Rights. But is there space for fraternity in law? The contributions to this book form an ideal “bridge” between the past and present to trace the different pathways taken to address the meaning of fraternity, and to identify its possible legal relevance. The book lays out paths that have placed fraternity in varied and challenging legal contexts in an age of globalization and conflict, where the multiplicity of national and supranational sources of law seems to show its inadequacy to govern complexity, and coexistence between diversities that appear irreconcilable. The purpose is not to recover fraternity as a forgotten principle, but to reimagine it today to address the aim and force of law within a plurality of cultures. The analysis considers a possible universal dimension that models unity within diversity, and aspires to serve as a prologue to a transition from research to dialogue between different legal systems and traditions. The book will be of interest to academics and researchers working in the areas of Comparative Law, Legal History and Legal Philosophy.
Download or read book The Discursive Construal of Trust in the Dynamics of Knowledge Diffusion written by Rita Salvi and published by Cambridge Scholars Publishing. This book was released on 2017-05-11 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume stems from a workshop organised by the Corpus Linguistics and Language Variation in English Research Centre, known as CLAVIER, held at the Sapienza University of Rome, Italy. It brings together a series of double-reviewed studies on the nature of the dissemination of specialist knowledge in English, its transformation from being a mere repository of information into a proactive source of understanding and empowerment. Through the chapters, the various principles, conceptualisations, constructs and pragmatic dynamics of knowledge dissemination are shown in a range of discourse genres. The studies reveal the multi-levels of knowledge, its varied typology and its ongoing co-construction, maintenance and updating among heterogeneous audiences. Assuming that maintaining credibility and legitimacy is fundamental to successful communication in a globalised and virtual world, the essential complementary aspect to knowledge dissemination is the analysis of the language that builds trust in interpersonal interactions, in different contexts and settings. The first section of the book deals with the building of trust through different strategies in political, academic, tourist and educational contexts. The second discusses ways of building trust via linguistic devices in corporate communication. The third part is concerned with the maintenance and repairing of trust, and the fourth section presents the building/repairing trust processes in the medical sector. The collection is addressed to scholars of linguistics, particularly those concerned with the analysis of specialized languages and their impact on effective communication. It will also appeal to university teachers of English for Special Purposes and researchers interested in corpus linguistics and critical discourse analysis.
Download or read book Toward a Prosecutor for the European Union Volume 1 written by Katalin Ligeti and published by Bloomsbury Publishing. This book was released on 2012-12-17 with total page 1313 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an era in which the EU's influence in criminal law matters has expanded rapidly, attention has recently turned to the possible creation of a European Public Prosecutor's Office. This two volume work presents the results of a study carried out by a group of European criminal law experts in 2010-2012, with the financial support of the EU Commission, whose aims were to examine in detail current public prosecution systems in the Member States and to scrutinise proposals for a new European office. Volume 1 begins with thorough descriptions of 20 different national legal systems of investigation and prosecution, addressing a range of evidential and procedural safeguards. These will serve as a point of reference for all future research on public prosecutors. Volume 1 also contains a series of cross-cutting studies of the key issues that will inform debates about the creation of a European Public Prosecutor's Office, including studies of vertical cooperation in administrative investigations in subsidy and competition cases, the accession of the EU to the ECHR, judicial control in cooperation in criminal matters, mutual recognition and decentralised enforcement of European competition law. Volume 2 (which will be published in 2013) presents a draft set of model rules for the procedure of the European Public Prosecutor's Office and continues with a set of comparative studies of the national legal systems that cover the gathering of evidence, seizure of assets, arrests, tracking and tracing, prosecution measures, procedural safeguards, the presumption of innocence and the right to silence, access to the file and victim reconciliation. Volume 2 concludes with the final report, written by Professor Ligeti, summarising the findings of the group and reporting on the prospects for the proposed reform.
Download or read book L Europa tra federalismo e regionalismo written by Maria Paola Viviani Schlein and published by . This book was released on 2003 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Substantive and procedural aspects of international criminal law 1 Commentary written by Gabrielle Kirk MacDonald and published by BRILL. This book was released on 2000-03 with total page 730 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vol. II, Part 1.
Download or read book The Justice Cascade written by Kathryn Sikkink and published by W. W. Norton & Company. This book was released on 2011-08-23 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past three decades, hundreds of government officials have gone from being immune to any accountability for their human rights violations to being the subjects of highly publicized trials in Latin America, Europe, and Africa, resulting in enormous media attention and severe consequences. Here, renowned scholar Kathryn Sikkink brings to light the groundbreaking emergence of these human rights trials as a modern political tool, one that is changing the face of global politics as we know it. Drawing on personal experience and extensive research, Sikkink explores the building of this movement toward justice, from its roots in Nuremberg to the watershed trials in Greece and Argentina. She shows how the foundations for the stunning, public indictments of Slobodan Milošević and Augusto Pinochet were laid by the long, tireless activism of civilians, many of whose own families had been destroyed, and whose fight for justice sometimes came at the risk of their own lives and careers. She also illustrates what effect the justice cascade has had on democracy, conflict, and repression, and what it means for leaders and citizens everywhere, including the policymakers behind our own "war on terror."--From publisher description.
Download or read book Transitions from Authoritarian Rule written by Guillermo O’Donnell and published by JHU Press. This book was released on 2013-07-16 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: An array of internationally noted scholars examines the process of democratization in southern Europe and Latin America. They provide new interpretations of both current and historical efforts of nations to end periods of authoritarian rule and to initiate transition to democracy, efforts that have met with widely varying degrees of success and failure. Extensive case studies of individual countries, a comparative overview, and a synthesis conclusions offer important insights for political scientists, students, and all concerned with the prospects for democracy. The historical example of Italy after Mussolini as well as the more recent cases of Greece, Portugal, Spain, and Turkey suggest factors that may make a transition relatively secure.
Download or read book Building a Future on Peace and Justice written by Kai Ambos and published by Springer Science & Business Media. This book was released on 2008-12-04 with total page 566 pages. Available in PDF, EPUB and Kindle. Book excerpt: Results of the 2007 Nuremberg Conference on Peace and Justice: Tensions between peace and justice have long been debated by scholars, practitioners and agencies including the United Nations, and both theory and policy must be refined for very practical application in situations emerging from violent conflict or political repression. Specific contexts demand concrete decisions and approaches aimed at redress of grievance and creation of conditions of social justice for a non-violent future. There has been definitive progress in a world in which blanket amnesties were granted at times with little hesitation. There is a growing understanding that accountability has pragmatic as well as principled arguments in its favour. Practical arguments as much as shifts in the norms have created a situation in which the choice is increasingly seen as "which forms of accountability" rather than a stark choice between peace and justice. It is socio-political transformation, not just an end to violence, that is needed to build sustainable peace. This book addresses these dilemmas through a thorough overview of the current state of legal obligations; discussion of the need for a holistic approach including development; analysis of the implications of the coming into force of the ICC; and a series of "hard" case studies on internationalized and local approaches devised to navigate the tensions between peace and justice.
Download or read book The Pinochet Effect written by Naomi Roht-Arriaza and published by University of Pennsylvania Press. This book was released on 2005 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: What Pinochet's arrest has taught us about transnational justice and international jurisdiction.
Download or read book Amnesty in the Age of Human Rights Accountability written by Francesca Lessa and published by Cambridge University Press. This book was released on 2012-05-28 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume brings together well-established and emerging scholars of transitional justice to discuss the persistence of amnesty in the age of human rights accountability. The volume attempts to reframe debates, moving beyond the limited approaches of 'truth versus justice' or 'stability versus accountability' in which many of these issues have been cast in the existing scholarship. The theoretical and empirical contributions in this book offer new ways of understanding and tackling the enduring persistence of amnesty in the age of accountability. In addition to cross-national studies, the volume encompasses eleven country cases of amnesty for past human rights violations: Argentina, Brazil, Cambodia, El Salvador, Guatemala, Indonesia, Rwanda, South Africa, Spain, Uganda and Uruguay. The volume goes beyond merely describing these case studies, but also considers what we learn from them in terms of overcoming impunity and promoting accountability to contribute to improvements in human rights and democracy.
Download or read book Transitional Justice in the Twenty First Century written by Naomi Roht-Arriaza and published by Cambridge University Press. This book was released on 2006-09-14 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dealing with the aftermath of civil conflict or the fall of a repressive government continues to trouble countries throughout the world. Whereas much of the 1990s was occupied with debates concerning the relative merits of criminal prosecutions and truth commissions, by the end of the decade a consensus emerged that this either/or approach was inappropriate and unnecessary. A second generation of transitional justice experiences have stressed both truth and justice and recognize that a single method may inadequately serve societies rebuilding after conflict or dictatorship. Based on studies in ten countries, this book analyzes how some combine multiple institutions, others experiment with community-level initiatives that draw on traditional law and culture, whilst others combine internal actions with transnational or international ones. The authors argue that transitional justice efforts must also consider the challenges to legitimacy and local ownership emerging after external military intervention or occupation.
Download or read book Transitional Justice written by Neil J. Kritz and published by US Institute of Peace Press. This book was released on 1995 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreword - Nelson Mandela
Download or read book Understanding Human Rights Principles written by Jeffrey Jowell and published by Bloomsbury Publishing. This book was released on 2001-04-30 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights are brought to life by a number of defining principles. This text explores each of those principles in depth through comprehensive,informative and provocative papers written by prominent and distinguished practitioners and legal academics. These papers were first delivered at a series of seminars organised by JUSTICE and University College London. Contents: Foreword by the Hon. Mr Justice Richards Introduction by Jeffrey Jowell QC and Jonathan Cooper The concept of a lawful interference with fundamental rights - Helen Mountfield Identifying the principles of proportionality - Michael Fordham and Thomas de la Mare Dertermining civil rights and obligations - Javan Herberg, Andrew le Sueur and Jane Mulcahy Positive obligations under the Convention - Keir Starmer The horizontal effect of the Human Rights Act: moving beyond the public-private distinction - Murray Hunt The place of the Human Rights Act in a democratic society - Rabinder Singh Part of the Justice Series.
Download or read book Culture and Rights written by Jane K. Cowan and published by Cambridge University Press. This book was released on 2001-11-29 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part I: Setting universal rights
