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Using International Criminal Law to Resist Transitional Justice

Legal Rupture in the Extraordinary Chambers in the Courts of Cambodia

Mikael Baaz and Mona Lilja

Criminal Law Research Network 2015 ). It is, however, not only transitional justice per se that is being criticized and contested, but also the fact “that it is promoted as a ‘neutral’ response in a context of supposedly ‘problematic’ on-going struggle and

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The Complexity of History

Russia and Steven Pinker’s Thesis

Nancy Shields Kollmann

analyzed the practice of criminal law in early modern Russia from the sixteenth through the eighteenth centuries with the problem of violence as a main concern. 3 Violence was on my mind for two reasons: since the sixteenth century (and reiterated in Cold

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Mathias Möschel

This article focuses on the legal construction of the notion of anti-White racism in France. By analyzing cases litigated under criminal law, it describes how a right-wing NGO has been promoting this notion via a litigation strategy since the late 1980s, initially with only limited success. Public debates in mainstream media in the 2000s and intervention by more traditional antiracist NGOs in courts have since contributed to a creeping acceptance of anti-White racism both within courtrooms and in broader public discourse. This increased recognition of anti-White racism is highly problematic from a critical race and critical Whiteness perspective.

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Separating Church and State

The Atlantic Divide

James Q. Whitman

Americans commonly believe that their country is unique in its commitment to the separation of church and state. Yet by the European measure, the American separation of church and state looks strikingly weak, since Americans permit religious rhetoric to permeate their politics and even cite the Bible in court. In light of these striking differences, this article argues that it is wrong to imagine that there is some single correct measure of the separation of church and state. Instead, northern continental Europe and the United States have evolved two different patterns, whose historical roots reach back into the Middle Ages. In northern continental Europe, unlike the United States, historic church functions have been absorbed by the state. The consequences of this historic divergence extend beyond familiar questions of the freedom of religious expression, touching on matters as diverse as welfare policy and criminal law.

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Humanity’s Subtensions

Culture Theory in US Death Penalty Mitigation

Jesse Cheng

in American criminal law. These works have been motivated by a desire to resolve an apparent incompatibility—that while jurisprudential frameworks call for conceptual definitiveness, cultural factors seem to elude easy definition. But capital defense

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Karen Fiss

against transgender people continue to rely on the inappropriate application of criminal law skewed by political morality, intolerance, and discrimination ( Sharpe 2014 ). He cites the example of a young transgender individual who was convicted in

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Everyday Suffering and the Abstract Time-Reckoning of Law

Reflections on the Allocation of Responsibility for an Asbestos Disaster in Italy

David Loher

mutual responsibility shaped by global value chains, legal instruments – especially with regard to criminal law – are much more constrained. By its nature, criminal law tends to individualize responsibility and ignore structural aspects. Based on

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Negotiating Girl-led Advocacy

Addressing Early and Forced Marriage in South Africa

Sadiyya Haffejee, Astrid Treffry-Goatley, Lisa Wiebesiek, and Nkonzo Mkhize

2016 ). The persistence of early marriage in South Africa can be linked to legislative grey areas between and among the Children's Act of 2005 , the Criminal Law (Sexual Offences and Related Matters) Amendment Act ( 32 of 2007 ), the Marriage Act

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Terms of Silence

Weaknesses in Corporate and Law Enforcement Responses to Cyberviolence against Girls

Suzanne Dunn, Julie S. Lalonde, and Jane Bailey

, identified by Fairbairn (2015) , that these are not issues that, in many cases, merit public redress according to law. Further, and in any event, a social media provider’s standard form TOS cannot trump applicable criminal law. Notwithstanding the existence

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Borders and justice

A postscript

Mary Bosworth

of mass migration .” New Criminal Law Review 20 ( 1 ): 39 – 65 . 10.1525/nclr.2017.20.1.39 Bosworth , Mary , Katja Franko , and Sharon Pickering . 2018 . “ Punishment, globalization and migration control: ‘Get them the hell out of