Jennifer Hendry - Böcker

Follow-the-money' approaches are increasingly being adopted to tackle organized crime, corruption, and terrorist activities. The rationale behind such an approach is oft stated: to show that crime does not pay, to reinforce confidence in a fair and effective criminal justice system, and to deter criminal activity. Civil Recovery of Criminal Property is an in-depth analysis of the confiscation of the proceeds of crime in the absence of criminal conviction in Ireland and England & Wales, more than two decades since the introduction of this civil/criminal hybrid procedure. This book considers the development of civil recovery in both jurisdictions, providing a comprehensive comparative account and critical examination of its legislative context and framework, judicial reception, and case law development. It leads the argument that civil recovery—like other civil/criminal hybrids—straddles civil and criminal procedure in a manner that takes advantage of the resultant legal ambiguity, to the detriment of due process, civil liberties, and human rights.Through interviews with practitioners professionally engaged with civil recovery proceedings, both in defence and in enforcement, King and Hendry remedy what has until now been a lack of empirical engagement with the operation of civil recovery in practice. The authors provide a comprehensive analysis of civil recovery in terms of its procedural hybridity, its 'follow-the-money' approach, its questionable compliance with the requirements of due process, its property-specific character, and its supposed pragmatism in tackling the problem of serious and organized crime. Blending doctrinal, socio-legal, and theoretical perspectives, Civil Recovery of Criminal Property will appeal both to academics and practitioners engaged with civil recovery.

This book examines the development and fundamental nature of legal pluralism. Legal pluralism evokes two distinctions: ‘state’ vs ‘non-state’ law; and ‘law’ vs ‘non-law’. As such, although this book focuses upon circumstances in which two or more legal orders compete to govern the same social space, it also addresses the nature of law in general. Drawing on material conflicts arising within jurisdictions such as Australia, Burundi, Cameroon, Gambia, the United States, and Zambia, this book explores the conceptual, moral, and political challenges that legal pluralism creates. Emphasising that non-state law carries no less dignity than that often ascribed to the legal orders of contemporary states, it advances a theoretically sophisticated argument in favour of recognising and respecting genuine cases of legal pluralism, wherever they arise. Accessible and thought provoking, this book will appeal to legal scholars, anthropologists, sociologists, and political and social philosophers as well as practising lawyers, judges, and policymakers who deal with issues of legal pluralism.

This book examines the development and fundamental nature of legal pluralism. Legal pluralism evokes two distinctions: ‘state’ vs ‘non-state’ law; and ‘law’ vs ‘non-law’. As such, although this book focuses upon circumstances in which two or more legal orders compete to govern the same social space, it also addresses the nature of law in general. Drawing on material conflicts arising within jurisdictions such as Australia, Burundi, Cameroon, Gambia, the United States, and Zambia, this book explores the conceptual, moral, and political challenges that legal pluralism creates. Emphasising that non-state law carries no less dignity than that often ascribed to the legal orders of contemporary states, it advances a theoretically sophisticated argument in favour of recognising and respecting genuine cases of legal pluralism, wherever they arise. Accessible and thought provoking, this book will appeal to legal scholars, anthropologists, sociologists, and political and social philosophers as well as practising lawyers, judges, and policymakers who deal with issues of legal pluralism.

This highly topical collection of essays addresses contemporary issues facing Indigenous communities from a broad range of multi- and interdisciplinary perspectives. Drawing from across the social sciences and humanities, this important volume challenges the established norms, theories, and methodologies within the field, and argues for the potential of a multidimensional approach to solving problems of Indigenous justice.Stemming from an international conference on ‘Spaces of Indigenous Justice’, Indigenous Justice is richly illustrated with case studies and comprises contributions from scholars working across the fields of law, socio-legal studies, sociology, public policy, politico-legal theory, and Indigenous studies. As such, the editors of this timely and engaging volume draw upon a wide range of experience to argue for a radical shift in how we engage with Indigenous studies.

This highly topical collection of essays addresses contemporary issues facing Indigenous communities from a broad range of multi- and interdisciplinary perspectives. Drawing from across the social sciences and humanities, this important volume challenges the established norms, theories, and methodologies within the field, and argues for the potential of a multidimensional approach to solving problems of Indigenous justice.Stemming from an international conference on ‘Spaces of Indigenous Justice’, Indigenous Justice is richly illustrated with case studies and comprises contributions from scholars working across the fields of law, socio-legal studies, sociology, public policy, politico-legal theory, and Indigenous studies. As such, the editors of this timely and engaging volume draw upon a wide range of experience to argue for a radical shift in how we engage with Indigenous studies.

What are the different institutional, intellectual and biographical trajectories in socio-legal studies, and how can they be compared?This book brings together scholars from across Europe to reflect on the socio-political, legal and academic contexts in which they became the academics they are today. The chapters link individual scholars to the historical and contemporary factors that have shaped or influenced their work and careers – a novel approach that combines scholarly self-reflection with a historical perspective on the development of socio-legal studies between law and the social sciences.The editors provide a heuristic framework for comparing and making sense of these different, dual trajectories, and show how professional scholarly biographies can be both contextualised and analysed with a view to shedding light on broader academic fields, both nationally and internationally.