Suchergebnisse

Intro -- Acknowledgements -- Contents -- Section 1: Technical and Analytical Considerations -- 1: The Central Problem of Collective Action -- We-action Theory in Bratman -- Collective Action and Intentions in Bratman -- Bratman on Shared Intentions -- Getting More Technical -- Plural Subjects in Gilbert's Account -- Ethics of Joint Commitment -- Gilbert on Plural Subjects -- The Role of Joint Commitment and Obligation in Gilbert -- X-ing as a Body and Schema S -- The Unresolved Problem of Joint Action/Commitment -- Going to New York Together -- Why Advocate for a More Technical Approach to Multi-Agent Criminal Cases? -- Bibliography -- 2: Collective Actions and Goals -- Developing a Practical Model of Collective and Deliberated Goals -- Goals and Intentions: Building on Bratman -- Goals and Rational Decision Making -- Single-party Decision-making Problems -- Multi-party Decision-making Problems -- Delineating Intentions: Actions and Outcomes -- The Problems of Action Intentionality -- Moving to Conditional Intentions -- Collective Goals and Outcome Intentions -- Own-action Conditions -- Positive Constraints and Negative Constraints -- Returning to Collective Goals -- Conclusion -- Bibliography -- Section 2: Legal Considerations -- 3: Mobs, Masses and Treating People as Groups -- Kettling Crowds -- Kettling Children -- Innocent Victims in Kettles -- The So-called Cordon Sanitaire in Parliament Square -- Brian Haw the Pre-existing Demonstrator in the Parliament Square Cordon Sanitaire -- The Surveillance of Campaigners and the Powers of the Police -- Thinking About Crowds -- A Way Forward? -- Bibliography -- 4: Organisations and Their Enterprise in UK Criminal Law and in International Law -- The Determination of Responsibility Vis-a-vis the Individual and the Corporate Body -- Determining Appropriate Responsibility -- Hart on Responsibility

This edited collection focuses on the sociology of 'social censure' - the sociological term advocated by Colin Sumner in his seminal writing of the 1980s and 1990s. Social censure has become increasingly important in contemporary criminological writing. This can especially be seen in recent writing on gender and race and also in terms of the way that the state's relationship to crime is now understood. This collection addresses a deficit in the published literature and both revisits themes from an earlier era and looks forward to the development of new writing that develops Sumner's seminal work on social censure. The contributors are drawn from leading scholars from across the Social Sciences and Law and they address a wide range of issues such as: race, youth justice, policing, welfare, and violence. The resulting volume is an interdisciplinary text which will be of special interest to scholars and students of Critical Criminology and Socio-Legal Studies, as well as those interested in the operation of the criminal justice system and criminological theory.

In the summer of 2015 Hungary constructed a 175 km long barbed-wire fence at its southern border with Serbia. New criminal offences and asylum procedures were introduced that limited access to refugee status determination and ignored agreed EU asylum policy, deterring and de facto preventing asylum seekers from entering Hungarian territory. This paper provides an analysis of these new measures, which criminalized asylum seekers, and the subsequent Hungarian policy in relation to the case law of the European Court of Human Rights – arguing that the Hungarian authorities excessively abused their discretion in implementing these new policies of immigration and border control.

"In recent years there has been a significant growth in interest of the so-called 'law in context' extending legal studies beyond black letter law. This book looks at the relationship between statute law and legal practice. It examines how law is applied in reality and more precisely how law is perceived by the general public in contrast to the legal profession. The authors look at a number of themes that are central to examining ways in which myths about law are formed, and how there is inevitably a constitutive power aspect to this myth making. At the same time they explore to what extent law itself creates and sustains myths. The book will be of general interest to a number of different disciplines such as legal theory, general law, criminology and sociology."--

In the summer of 2015 Hungary constructed a 175 km long barbed-wire fence at its southern border with Serbia. New criminal offences and asylum procedures were introduced that limited access to refugee status determination and ignored agreed EU asylum policy, deterring and de facto preventing asylum seekers from entering Hungarian territory. This paper provides an analysis of these new measures, which criminalized asylum seekers, and the subsequent Hungarian policy in relation to the case law of the European Court of Human Rights – arguing that the Hungarian authorities excessively abused their discretion in implementing these new policies of immigration and border control.

This paper traces the development of National Socialist cultural and legal policy towards the arts. It examines the role of censure in this development starting with Hitler's first attempts at power in the Weimar republic. It then looks more closely into aspects of the development of new policies in and after 1933 and their implementation in institutions of the totalitarian state. As the paper shows, policies were carried out within a legal framework that included parliament and constitutional law but they were often also accompanied by aggressive political actions. Racial and nationalistic ideologies were at the heart of the National Socialist discourse about culture. This discourse quickly established modernity as its principal enemy and saw modernist culture (in the broad sense of the word), and especially art criticism, as being under Jewish domination. True German Kultur was set against this; Hitler himself promoted German art both through exhibitions and through policies which included the removal of un-German art and the exclusion of writers and artists who did not conform the cultural ideal. As Jewish artists and intellectuals in modernist culture posed the greatest threat to the establishment of a new German culture, Nazi policies towards the arts embarked on a process of censure, exclusion and annihilation. The purpose of these policies was nothing less than the elimination of all modernist (Jewish and 'degenerate') culture and any memory of it.

"Human Rights and the Criminal Justice System is an advanced text that addresses the conjunction of these two areas. We now live in a world which thinks through the legislative implications of criminal justice with one eye on human rights. This book brings together the relevant legal and the criminological material in order to critically review the relationship between the developing body of human rights theory and practice, and the criminal justice system. Taking up a thorough analysis of this relationship, Human Rights and the Criminal Justice System examines existing legal structures, court practices, and the developing literature in criminology, law and political science. It will be of considerable interest to those with academic concerns in this area; as well as providing an accessible, yet sophisticated, resource for relevant upper level undergraduate and postgraduate courses. "--