Against The Death Penalty

Author by : Jon Yorke
Languange : en
Publisher by : Ashgate Publishing, Ltd.
Format Available : PDF, ePub, Mobi
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Description : This edited volume brings together leading scholars on the death penalty within international, regional and municipal law. It considers the intrinsic elements of both the promotion and demise of the punishment around the world, and provides analysis which contributes to the evolving abolitionist discourse.


War Crimes And Human Rights

Author by : William Schabas
Languange : en
Publisher by : Cameron May
Format Available : PDF, ePub, Mobi
Total Read : 30
Total Download : 156
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Description : This is a collection of essays and articles on human rights law and international criminal law authored by William Schabas, one of the most prominent contemporary scholars and practitioners. Particular attention is given to such topics as the limitation and abolition of the death penalty, genocide and crimes against humanity, the establishment and operation of the International Criminal Court and the ad hoc international criminal tribunals, truth and reconciliation commissions, reservations to human rights treaties, and the implementation of international human rights norms in domestic law


The Death Penalty

Author by : Roger Hood
Languange : en
Publisher by : OUP Oxford
Format Available : PDF, ePub, Mobi
Total Read : 65
Total Download : 242
File Size : 53,8 Mb
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Description : The fifth edition of this highly praised study charts and explains the progress that continues to be made towards the goal of worldwide abolition of the death penalty. The majority of nations have now abolished the death penalty and the number of executions has dropped in almost all countries where abolition has not yet taken place. Emphasising the impact of international human rights principles and evidence of abuse, the authors examine how this has fuelled challenges to the death penalty and they analyse and appraise the likely obstacles, political and cultural, to further abolition. They discuss the cruel realities of the death penalty and the failure of international standards always to ensure fair trials and to avoid arbitrariness, discrimination and conviction of the innocent: all violations of the right to life. They provide further evidence of the lack of a general deterrent effect; shed new light on the influence and limits of public opinion; and argue that substituting for the death penalty life imprisonment without parole raises many similar human rights concerns. This edition provides a strong intellectual and evidential basis for regarding capital punishment as undeniably cruel, inhuman and degrading. Widely relied upon and fully updated to reflect the current state of affairs worldwide, this is an invaluable resource for all those who study the death penalty and work towards its removal as an international goal.


Abolition Of The Death Penalty

Author by : Mehveş Beyidoğlu
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 50
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File Size : 44,8 Mb
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Comparative Capital Punishment

Author by : Carol S. Steiker
Languange : en
Publisher by : Edward Elgar Publishing
Format Available : PDF, ePub, Mobi
Total Read : 93
Total Download : 735
File Size : 54,6 Mb
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Description : Comparative Capital Punishment offers a set of in-depth, critical and comparative contributions addressing death practices around the world. Despite the dramatic decline of the death penalty in the last half of the twentieth century, capital punishment remains in force in a substantial number of countries around the globe. This research handbook explores both the forces behind the stunning recent rejection of the death penalty, as well as the changing shape of capital practices where it is retained. The expert contributors address the social, political, economic, and cultural influences on both retention and abolition of the death penalty and consider the distinctive possibilities and pathways to worldwide abolition.


Moving Away From The Death Penalty

Author by : United Nations Office of the High Commissioner for Human Rights
Languange : en
Publisher by : United Nations
Format Available : PDF, ePub, Mobi
Total Read : 26
Total Download : 898
File Size : 50,5 Mb
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Description : Capital punishment is irrevocable. It prohibits the correction of mistakes by the justice system and leaves no room for human error, with the gravest of consequences. There is no evidence of a deterrent effect of the death penalty. Those sacrificed on the altar of retributive justice are almost always the most vulnerable. This book covers a wide range of topics, from the discriminatory application of the death penalty, wrongful convictions, proven lack of deterrence effect, to legality of the capital punishment under international law and the morality of taking of human life.


The Death Penalty

Author by : Sanjeev P. Sahni
Languange : en
Publisher by : Springer Nature
Format Available : PDF, ePub, Mobi
Total Read : 10
Total Download : 391
File Size : 47,9 Mb
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Description : This book offers a broad overview of public attitudes to the death penalty in India. It examines in detail the progress made by international organizations worldwide in their efforts to abolish the death penalty and provides statistics from various countries that have already abolished it. The book focuses on four main aspects: the excessive cost and poor use of funds; wrongful executions of innocent people; the death penalty’s failure as an efficient deterrent; and the alternative sentence of life imprisonment without parole. In closing, the book analyses the current debates on capital punishment around the globe and in the Indian context. Based on public opinion surveys, the book is essential reading for all those interested in India, its government, criminal justice system, and policies on the death penalty and human rights.


International Law The Death Penalty

Author by : Etienne Brice Mbolong
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 31
Total Download : 835
File Size : 46,7 Mb
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Description : In the beginning there was the death penalty. And it was good. Or so the countries of the world and international laws thought. But times do change and there have been many changes on many fronts in international law, general practices, norms and the customary law. When the Universal Declaration of Human Rights was signed in 1948, the norms of the day were very different than the norms of today. Almost 70 years later the world is different in almost every conceivable way and that extends to how the death penalty should be viewed in a contemporary context. This thesis will examine major international legislation handed down that impacted the evolution of a customary norm with regard to the death penalty. In addition, it will review the current status and recent trends of countries in the abolitionist and retentionist camps, the role of some key non-governmental organizations and a wide survey of relevant literature. Benefits and losses will be checked, alternatives explored and causes for both optimism and pessimism uncovered. In summary, while the direction toward a customary international norm for the universal abolition of the death penalty is emerging, tentatively at first, but gathering speed, the United States remains a significant outlier within the retentionist camp.


The Globalization Of Childhood

Author by : Robyn Linde
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 87
Total Download : 195
File Size : 49,5 Mb
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Description : How does an idea that forms in the minds of a few activists in one part of the world become a global norm that nearly all states obey? How do human rights ideas spread? In this book, Robyn Linde tracks the diffusion of a single human rights norm: the abolition of the death penalty for child offenders under the age of 18. The norm against the penalty diffused internationally through law--specifically, criminal law addressing child offenders, usually those convicted of murder or rape. Through detailed case studies and a qualitative, comparative approach to national law and practice, Linde argues that children played an important--though little known--role in the process of state consolidation and the building of international order. This occured through the promotion of children as international rights holders and was the outcome of almost two centuries of activism. Through an innovative synthesis of prevailing theories of power and socialization, Linde shows that the growth of state control over children was part of a larger political process by which the liberal state (both paternal and democratic) became the only model of acceptable and legitimate statehood and through which newly minted international institutions would find purpose. The book offers insight into the origins, spread, and adoption of human rights norms and law by elucidating the roles and contributions of principled actors and norm entrepreneurs at different stages of diffusion, and by identifying a previously unexplored pattern of change whereby resistant states were brought into compliance with the now global norm against the child death penalty. From the institutions and legacy of colonialism to the development and promotion of the global child--a collection of related, still changing norms of child welfare and protection--Linde demonstrates how a specifically Western conception of childhood and ideas about children shaped the current international system.


Capital Punishment

Author by : Peter Hodgkinson
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 66
Total Download : 381
File Size : 40,8 Mb
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Description : What are the critical factors that determine whether a country replaces, retains or restores the death penalty? Why do some countries maintain the death penalty in theory but in reality rarely invoke it? By asking these questions, the editors hope to isolate the core issues that influence the formulation of legislation so that they can be incorporated into strategies for advising governments considering changes to their policy on capital punishment. They also seek to redress the imbalance in research, which tends to focus almost exclusively on the experience of the USA, by covering a range of countries such as South Korea, Lithuania, Japan and the British Caribbean Commonwealth. This valuable contribution to the debates around capital punishment contains contributions from leading academics, campaigners and legal practitioners and will be an important resource for students, academics, NGOs, policy makers, lawyers and jurists.


Progress In International Law

Author by : Russell A. Miller
Languange : en
Publisher by : BRILL
Format Available : PDF, ePub, Mobi
Total Read : 64
Total Download : 758
File Size : 44,7 Mb
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Description : "Progress in International Law" is a comprehensive accounting of international law for our times. Forty leading international law theorists analyze the most significant current issues in international law and their critical assessments draw diverse conclusions about the current state and future prospects of international law. The material is grouped under the headings: The History and Theory of International Law; The Sources of International Law and Their Application in the United States; International Actors; International Jurisdiction and International Jurisprudence; The Use of Force and the World's Peace; and The Challenge of Protecting the Environment and Human Rights. The book draws its inspiration from a similar survey undertaken in 1932 by Harvard Law Professor and PCIJ Judge Manley O. Hudson. In his book "Progress in International Organization," Hudson sought to demonstrate that what he perceived as an emerging international infrastructure, and as moves toward the rule of law in international affairs, were sure signs of human progress towards peace and cooperation. "Progress in International Law" critically engages with that claim as a normative matter and, at the same time, presents the evidence by which a judgment about our own progress towards peace and cooperation might be judged.


An Introduction To The International Criminal Court

Author by : William A. Schabas
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 88
Total Download : 692
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Description : The International Criminal Court ushered in a new era in the protection of human rights. The Court prosecutes genocide, crimes against humanity, war crimes, and the crime of aggression when national justice systems are either unwilling or unable to do so themselves. This fifth edition of the seminal text describes a Court which is no longer in its infancy; the Court is currently examining situations that involve more than twenty countries in every continent of the planet. This book considers the difficulties in the Court's troubled relationship with Africa, the vagaries of the position of the United States, and the challenges the Court may face as it confronts conflicts around the world. It also reviews the history of international criminal prosecution and the Rome Statute. Written by a leading commentator, it is an authoritative and up-to-date introduction to the legal issues involved in the creation and operation of the Court.


The Politics Of The Death Penalty In Countries In Transition

Author by : Madoka Futamura
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 43
Total Download : 460
File Size : 48,6 Mb
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Description : The increase in the number of countries that have abolished the death penalty since the end of the Second World War shows a steady trend towards worldwide abolition of capital punishment. This book focuses on the political and legal issues raised by the death penalty in "countries in transition", understood as countries that have transitioned or are transitioning from conflict to peace, or from authoritarianism to democracy. In such countries, the politics that surround retaining or abolishing the death penalty are embedded in complex state-building processes. In this context, Madoka Futamura and Nadia Bernaz bring together the work of leading researchers of international law, human rights, transitional justice, and international politics in order to explore the social, political and legal factors that shape decisions on the death penalty, whether this leads to its abolition, reinstatement or perpetuation. Covering a diverse range of transitional processes in Asia, Africa, Latin America, Europe, and the Middle East, The Politics of the Death Penalty in Countries in Transition offers a broad evaluation of countries whose death penalty policies have rarely been studied. The book would be useful to human rights researchers and international lawyers, in demonstrating how transition and transformation, ‘provide the catalyst for several of interrelated developments of which one is the reduction and elimination of capital punishment’.


The Barbaric Punishment

Author by : Hans Göran Franck
Languange : en
Publisher by : BRILL
Format Available : PDF, ePub, Mobi
Total Read : 89
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Ashgate Research Companion To International Criminal Law The Critical Perspectives

Author by : William A. Schabas
Languange : en
Publisher by : Ashgate Publishing
Format Available : PDF, ePub, Mobi
Total Read : 24
Total Download : 831
File Size : 40,7 Mb
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Description : This unique research companion takes a critical approach to a wide variety of theoretical, practical, legal and policy issues surrounding and underpinning the operation of international criminal law as applied by international criminal tribunals. The authors raise issues which are likely to provide the most significant challenges and most promising opportunities for the continuing development of this body of law.


The Death Penalty

Author by : Roger Hood CBE QC (Hon) DCL FBA
Languange : en
Publisher by : OUP Oxford
Format Available : PDF, ePub, Mobi
Total Read : 77
Total Download : 323
File Size : 40,6 Mb
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Description : The 4th edition of this authoritative study of the death penalty, now written jointly with Carolyn Hoyle, brings up-to-date developments in the movement to abolish the death penalty worldwide. It draws on Roger Hood's experience as consultant to the United Nations for the UN Secretary General's five-yearly surveys of capital punishment and on the latest information from non-governmental organizations and the academic literature. Not only have many more countries abolished capital punishment but, even amongst those that retain it, the majority have been carrying out fewer executions. Legal challenges to the mandatory capital punishment have been successful, as has the pressure to abolish the death penalty for those who commit a capital crime when under the age of 18. This edition has more to say about the prospects that China will restrict and control the number of executions 'on the road to abolition'. Yet, despite such advances, this book reveals many human rights abuses where the death penalty still exists. In some countries a wide range of crimes are still subject to capital punishment, and the authorities too often fail to meet the safeguards embodied in international human rights treaties to safeguard those facing the death penalty. There is evidence of police abuse, unfair trials, lack of access to competent defence counsel, excessive periods of time spent on in horrible conditions on 'death row', and public, painful forms of execution. The authors engage with the latest debates on the realities of capital punishment, especially its justification as a uniquely effective deterrent; whether it can ever be administered equitably, without discrimination or error; and what influence relatives of victims should have in sentencing and on the public debate. For the first time, it also discussing the problem of devising an alternative to capital punishment, especially life imprisonment without the possibility of parole.


International Law Reports

Author by : Elihu Lauterpacht
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 40
Total Download : 918
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Description : Includes decisions of the Canadian courts in Burns, Suresh, Ahani and Bouzari on torture, terrorism and the death penalty.


Abolition In The U S A By 2050

Author by : Anonim
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 54
Total Download : 650
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Description : The United States, like the larger international community, likely will tend toward greater abolition of the death penalty during the first half of the twenty-first century. A handful of individual states - states that have historically carried out few or no executions - probably will abolish capital punishment over the next twenty years, which will create political momentum and ultimately a federal constitutional ban on capital punishment in the United States. It is entirely reasonable to expect that, by the mid-twenty-first century, capital punishment will have the same status internationally as torture: an outlier practice, prohibited by international agreements and customary international law, practiced illicitly by rogue nations, and defended only by a handful of conservative academics seeking attention. Within retentionist states, the transition to abolition will most likely occur as a result of elite political leadership and ordinary acts of resistance. Experience suggests that abolition of the death penalty is rarely the result of loud and explicit democratic politics, but is instead more often the product of counter-majoritarian, at times elite-driven judicial or political maneuvers. Abolition is rarely an issue that builds political capital for emerging leaders, but instead one that requires using existing political capital. Another important but rarely discussed factor that promotes abolitionist reforms are ordinary acts of resistance by those who are either knowingly or unconsciously uncomfortable with capital punishment or truly opposed to the death penalty. These men and women - a clerk at the county courthouse, an employee at the local police department, a secretary in the prosecutor's office, sometimes even a judge or law clerk slow death penalty cases down and effectively undermine the machinery of death.


Capital Punishment New Perspectives

Author by : Peter Hodgkinson
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 41
Total Download : 530
File Size : 44,5 Mb
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Description : This collection asks questions about the received wisdom of the debate about capital punishment. Woven through the book, questions are asked of, and remedies proposed for, a raft of issues identified as having been overlooked in the traditional discourse. It provides a long overdue review of the disparate groups and strategies that lay claim to abolitionism. The authors argue that capital litigators should use their skills challenging the abuses not just of process, but of the conditions in which the condemned await their fate, namely prison conditions, education, leisure, visits, medical services, etc. In the aftermath of successful constitutional challenges it is the beneficiaries (arguably those who are considered successes, having been ’saved’ from the death penalty and now serving living death penalties of one sort or another) who are suffering the cruel and inhumane alternative. Part I of the book offers a selection of diverse, nuanced examinations of death penalty phenomena, scrutinizing complexities frequently omitted from the narrative of academics and activists. It offers a challenging and comprehensive analysis of issues critical to the abolition debate. Part II offers examinations of countries usually absent from academic analysis to provide an understanding of the status of the debate locally, with opportunities for wider application.


Changing Attitudes Towards The Death Penalty

Author by : Zoltan J. Toth
Languange : en
Publisher by : Springer Nature
Format Available : PDF, ePub, Mobi
Total Read : 89
Total Download : 509
File Size : 49,7 Mb
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Description : This book explores the pros and cons of the death penalty and the history of capital punishment. In this context, it puts a special emphasis on the situation in Hungary, where, amongst its neighbors, in recent years the demand for the reestablishment of the death penalty has received the strongest political support from many pro-government politicians. Toth presents tendencies toward abolition of the death penalty and analyzes the arguments by which the death penalty can, in principle, be criticized or even defended. The book presents the main issues of the death penalty, arguments of both abolitionists and retentionists, and reviews the modern history of this sanction. It does not seek to convince the reader of the correctness or wrongness of the death penalty, but it presents both sides of the argument and their standpoints, and leaves the reader to decide. It encourages informed debate and discussion.


Transnational Human Rights Litigation

Author by : Andrew Novak
Languange : en
Publisher by : Springer Nature
Format Available : PDF, ePub, Mobi
Total Read : 97
Total Download : 936
File Size : 51,7 Mb
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Description : This book analyzes the role of strategic human rights litigation in the dissemination and migration of transnational constitutional norms and provides a detailed analysis of how transnational human rights advocates and their local partners have used international and foreign law to promote abolition of the death penalty and decriminalization of homosexuality. The “sharing” of human rights jurisprudence among judges across legal systems is currently spreading emerging norms among domestic courts and contributing to the evolution of international law. While prior studies have focused on international and foreign citations in judicial decisions, this global migration of constitutional norms is driven not by judges but by legal advocates themselves, who cite and apply international and foreign law in their pleadings in pursuit of a specific human rights agenda. Local and transnational legal advocates form partnerships and networks that transmit legal strategy and comparative doctrine, taking advantage of similarities in postcolonial legal and constitutional frameworks. Using examples such as the abolition of the death penalty and decriminalization of same-sex relations, this book traces the transnational networks of human rights lawyers and advocacy groups who engage in constitutional litigation before domestic and supranational tribunals in order to embed international human rights norms in local contexts. In turn, domestic human rights litigation influences the evolution of international law to reflect state practice in a mutually reinforcing process. Accordingly, international and foreign legal citations offer transnational human rights advocates powerful tools for legal reform.


Capital Punishment

Author by : Raphael Goldman
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 78
Total Download : 345
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Description : This book covers capital punishment in the United States, an issue that has been increasingly in the news since the late 1980s, when anti-crime and anti-drug legislation saw a flurry of activity. States such as Texas and Arizona have created an international outcry over their executions. Recent widespread media coverage of the reassessment of the fairness of the death penalty has continued to flourish both within and outside the United States borders.


Arcs Of Global Justice

Author by : Margaret M. DeGuzman
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 87
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Description : Martin Luther King, Jr. once said "the arc of the moral universe is long, but it bends toward justice." Testing the optimism of that claim were the many fits and starts in the struggle for human rights that King helped to catalyze. The same is true of other events in the last half-century,from resistance to apartheid and genocide to equal and fair treatment in domestic criminal justice systems, to the formation of entities to prevent atrocities and to bring their perpetrators to justice. Within this display of myriad arcs may be found the many persons who helped shape thishalf-century of global justice-and prominent among them is William A. Schabas. His panoramic scholarship includes dozens of books and hundreds of articles, and he also has served as an influential policymaker, advocate, and mentor.This work honours William A. Schabas and his career with essays by luminary scholars and jurists from Africa, Asia, Europe, and the Americas. The essays examine contemporary, historical, cultural, and theoretical aspects of the many arcs of global justice with which Professor Schabas has engaged, infields including public international law, human rights, transitional justice, international criminal law, and capital punishment.