Law and Criminology

This book explores the conundrum that political fortune is dependent both on social order and big, constitutive crime. An act of outrageous harm depends on rules and protocols of crime scene discovery and forensic recovery, but political authorities review events for a social agenda, so that crime is designated according to the relative absence or presence of politics. In investigating this problem, the book introduces the concepts ‘intelligence crime’ and ‘critical forensics.’ It also reviews as an exemplar of this phenomenon ‘apex crime,’ a watershed event involving government in the support of a contested political and social order and its primary opponent as the obvious offender, which is then subject to a confirmation bias.  Chapters feature case study analysis of a selection of familiar, high profile crimes in which the motives and actions of security or intelligence actors are considered as blurred or smeared depending on their interconnection in transactional political events, or according to friend/enemy status.  

This book contributes conceptually, theoretically and morally to a deeper understanding of the distinctive Asian perceptions of punishment, justice and human rights. Researched and prepared by scholars who have not only been conducting studies on the death penalty in the region but have also been advocating for legal reforms, this edited book touches upon the different justifications for the use of capital punishment in the ASEAN region, exposing the secrecy, sensitivities and dilemmas that mask violations of international human rights laws. The chapters bring in numerous new perspectives which have been overlooked in the traditional discourse surrounding the use of the death penalty, such as that around crimes that do not meet the threshold of “most serious”; the dignity of death row inmates and their families; contradictions within religion and capital punishment; and the way in which growing authoritarianism and the media are adversely influencing the public’s perception and support for capital punishment in the region. In examining how public opinion shapes state policies towards the death penalty and how it varies according to different offences and different states, the authors critically analyse how the international human rights mechanisms have specifically called for ASEAN member states to refrain from extending the application of the death penalty and to limit it to the “most serious crimes.” Relevant to socio-legal scholars focused on crime and punishment in Southeast Asia, and in the Global South more broadly, this is a landmark collection in criminology and human rights scholarship. 

Chapter "ASEAN and the Death Penalty: Theoretical and Legal Views and a Pathway to Abolition" is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

This book flags and contemplates the lurking problem of space crimes that may escalate and expand with diversification of space activities, greater footfall on the celestial bodies and passage of time, for the lack of appropriate solutions. It appraises the incumbent problems to evolve solutions and make recommendations regarding space crime situations. Recognizing current situation where commercial space travel has commenced, and space tourism is not far behind, the book takes a pole position on discussing the topic with its endemic challenges. Space transportation is expected to lead to commercial mining of celestial mineral resources from the Moon and asteroids, as has been found technically feasible and commercially viable. Space-specific products have been identified for industrial mining, processing, and manufacturing, for which manpower would be necessary, howsoever minimal, despite artificial intelligence devices. Blueprints for space habitations on the Moon and Mars are being prepared. In this scenario, where outer space and celestial bodies may soon be inhabited by multi-nationality, multi-ethnic and multi-cultural groupings of tourists, workers, and residents, given cramped and not so comfortable or private living spaces, attitudinal disparities and conflicting beliefs, differences, disputes, conflicts, and crimes are sure to raise their head. Economic activity and business culture may usher in crimes of competition and spying on intellectual property. Space crimes through technologies like cyber, lasers, etc., may also permeate the space domain for ill-intentioned abuses. The criminals may be individuals or collective groups or incognito terrorists. 

The book also discusses crimes and near-crimes that have already occurred in space but have been ignored or condoned. Absence of sovereignty on celestial bodies coupled with crimes in space or on celestial bodies, presents problems of jurisdiction, extradition, and other legal procedures. The dilemma of multi-national judicial systems, legal codes and norms of social justice need to be resolved by a specialized treaty reconciling major bends in the existing system vis-à-vis the nature of space crimes. Limitations in handling such crimes by the existing judicial system under established doctrines of international law by International Court of Justice or International Criminal Court, is highlighted in the book. It has strong take-aways for research scholars, law fraternity, diplomatic corps, judicial administration, policy-makers and the political class, enabling them to pro-actively initiate action for suitable answers.

This book uses humanity-rationality and experience and the freedom of human will as a theoretical perspective to examine the basic framework of criminal law theories constructed by the criminal classic school and the criminal empirical school. The author puts forward the principle of the duality of rationality and experience of humanity and affirms the determinism of human behavior in the ontological sense and the freedom of will in the axiological sense. From this point of view, this book examines the humanistic foundations of crime and punishment, legislation and justice.

This longitudinal study is based on the story of Lola, who was gang raped during the war in Bosnia and Herzegovina in 1992.  At the time, she was in a detention camp with her young children. Only one of Lola’s several perpetrators was convicted but his sentence of six years of imprisonment has never been actioned by the Bosnian judiciary. Lola’s rapist is still free and she lives in continual fear that he will retaliate against her and her children for her role in his trial.

This book has been shortlisted for the Australian Legal Research Awards 2024.

This is the first socio-legal multi-jurisdictional study on hazing (ragging). This book considers four countries: the USA, India, Sri Lanka, and Australia. It states the legal position, identifies lacunas in law, and proposes possible legal solutions. Unfortunately, laws, regulations, and policies have failed to stamp out hazing from university campuses and residential colleges.

Hazing has spiralled out of control in a number of countries. It has descended into a cruel, barbaric, and inhuman practice. The number of students subjected to hazing and sexual abuse is alarming. According to a 2022 survey, more than half (53%) of American students who were part of a fraternity or sorority experienced hazing. Students are murdered, harmed, abused, and suffer long-term trauma. The prevention of hazing is one of the most important responsibilities of 21st century universities.

The theme of the book is that universities are in the best position to protect students from hazingand must play a vital role. As a sociological study, the book also considers why hazing occurs and what can be done to prevent it. Without engaging with the underlying causes, legal punitive measures continue to address the symptom rather than the cause. The book, therefore, explores how a more innovative approach to regulation can help tackle the cause.

The book will be of interest to policy makers, regulators at universities, education and legal academics, and personal injury lawyers.

This book provides a comprehensive account of one significantly underreported aspect of violence affecting young refugee girls today, that of forced child marriage. It examines the ongoing, insidious practice via the lens of international human rights laws and contextualising human rights laws and discourses in relation to Middle Eastern, Islamic, and Jordanian understandings of international law and human rights, where the practice in directly impacting young Syrian refugee girls who are seeking refuge in Jordan with their displaced families.

The book finds that in a juxtaposition of human rights definitions and obligations, between the traditional and modern, the religious and the secular, there are mixed implications for the realisation of universal human rights and that this has consequences for the most vulnerable—child refugees. As a result, Syrian children exist in a precarious situation. They are living in a foreign state with an unclear legal status, are largely unidentified, and, in effect, stateless. It is in this liminal space that Syrian children are vulnerable and voiceless and highly exposed to forced marriages and the resultant violence and possibly death.

While allowed to continue, the practice of child marriage not only severely impedes upon progressive international human rights efforts to eliminate gender-based violence, slavery, and discrimination, but significantly impacts on children’s physical, mental and emotional health, and their opportunities for growth and development in society.

As a case study this book seeks to inform how vulnerable Syrian children have come to be increasingly confronted by child marriage and to consider why it occurred and continues to occur, even though the idea of children being forcibly marriage is considered ethically and legally objectionable within international human rights law.

The war in Ukraine is fast approaching its second anniversary since its commencement on 24 February 2022 as a blatant aggression by Russia. As we discuss in detail in this book, there are multiple international legal issues that arise and require addressing. What is more, the very international legal order is under threat, insofar as the fundamental international law obligations are not being complied with and the basic international rules are utterly ignored. This book discusses a number of international law issues arising from the war in Ukraine. It covers not only the traditional subjects of war, such as jus ad bellum, international criminal law, and the law of neutrality, but also the relatively new issues arising from the economic sanctions against Russia, including aspects of the WTO law and international investment law. This book provides the readers with opportunities to reconsider the various legal aspects of the war in Ukraine.

This book records real-life experiences of transgender violence and victimisation, analysing the legal lacunae in granting protection to the historically vulnerable community and their perspective of the law and safety. It is an outcome of extensive empirical legal research conducted in the state of West Bengal, India. With exploration of global scenario of violence, a systematic pattern of victimisation has been identified leading to a reasonable conclusion of internationalisation of transgender violence and victimisation that is largely ignored and is bereft of any legal protection. Premised on the fact that without safety and protection against grave crimes, no amount of civil rights protection is effective, the book provides an account of the ever-increasing gravity of transgender violence and victimisation. Recognising that there is a paucity of research on type of targeted violence against transgender persons, yet even with that scarcity of consistent and reliable reporting to official law enforcement sources, the data that is available from governments, public interest groups, and community surveys about SOGI motivated violence reveals that precarity, prevalence, violence and the harm caused are graver as against other types of crimes and crimes against LGB population,, the author deliberately chose to focus on unearthing violence and victimisation. The culturally sensitive approach to the problem is first of its kind in the legal landscape and expects to contribute to the developing jurisprudence.

The book navigates through the transgender jurisprudence to conclude that attempts made by the law-makers across the world is only tokenistic and that the real pulse of the community is far from being recognised in law. The in-depth interviews with law enforcement bodies and transgender activists and victims reveal gaps between laws and realities, whose impact assessment has been attempted in the book to suggest possible best practices to reduce vulnerability and auger empowerment. The book expects to open doors for more legal and interdisciplinary research, in India and abroad by scholars of law, sociology, victimology and others.

This textbook addresses several key disciplines, with a primary focus on commercial law, particularly the legal principles governing security interest in Thailand. It also delves into security interest, offering in-depth insights into the formation, enforcement, and interpretation of contracts. A significant portion is dedicated to security interest law, specifically within the context of Thailand, examining the legal frameworks that govern security interest. Additionally, the book touches on legal practice and professional development, providing valuable guidance for both aspiring and experienced legal professionals. Lastly, it explores business and corporate law, offering a broader understanding of how security interest interacts within business environments. Together, these disciplines provide a comprehensive perspective on the legal aspects of commercial agreements and security interests.

Whether one is an aspiring attorney, an experienced practitioner, or simply an individual with an interest in the foundational principles of contract law, this guide offers valuable insights from a legal perspective.