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Book part
Publication date: 14 April 2016

Karin Loevy

This paper challenges and expands commonplace assumptions about problems of time and temporality in emergencies. In traditional emergency powers theory “emergency time” is…

Abstract

This paper challenges and expands commonplace assumptions about problems of time and temporality in emergencies. In traditional emergency powers theory “emergency time” is predominantly an “exceptional time.” The problem is that there is “no time” and the solution is limited “in time”: exceptional behavior is allowed for a special time only, until the emergency is over, or according to formal sunset clauses. But what is characteristic of many emergencies is not the problem of “no time” but the ways in which time is legally structured and framed to handle them. Using the Israeli High Court of Justice 1999 decision on the use of physical interrogation methods under conditions of necessity, this paper illustrates how legally significant emergency-time structures that lay beyond the problematic of exceptional time, gravely implicate the way that “exceptional measures” are practiced and regularized.

Details

Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-78635-076-3

Keywords

Book part
Publication date: 29 April 2013

Leif Dahlberg

The essay studies the introduction and use of audio-visual media in contemporary Swedish courtroom praxis and how this affects social interaction and the constitution of judicial…

Abstract

The essay studies the introduction and use of audio-visual media in contemporary Swedish courtroom praxis and how this affects social interaction and the constitution of judicial space. The background to the study is the increasing use of video technology in law courts during the last decennium, and in particular the reformed trial code regulating court proceedings introduced in Sweden in 2008. The reform is called A Modern Trial (En modernare rättegång, Proposition 2004/05:131). An important innovation is that testimonies in lower level court proceedings now are video recorded and, in case of an appeal trial, then are screened in the appellate court. The study of social interaction and the constitution of judicial space in the essay is based in part on an ethnographic study of the Stockholm appellate court (Svea hovrätt) conducted in the fall 2010; in part on a study of the preparatory works to the legal reform; and in part on research on how media technology affects social interaction and the constitution of space and place.

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Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-78190-620-0

Book part
Publication date: 2 September 2009

Lisa Hajjar

Torture has been practiced for millennia, albeit the means, rationales, and objectives have changed. (For an extended discussion of torture's past, see Hajjar, 2009.) Starting in…

Abstract

Torture has been practiced for millennia, albeit the means, rationales, and objectives have changed. (For an extended discussion of torture's past, see Hajjar, 2009.) Starting in the 12th century, the rediscovery of Roman law in western Europe revived torture as an aspect of criminal legal processes, both ecclesiastical and secular. According to Edward Peters (1996, p. 41), “the inquisitorial procedure displaced the older accusatorial procedure. Instead of the confirmed and verified freeman's oath, confession was elevated to the top of the hierarchy of proofs…[T]he place of confession in legal procedure…explains the reappearance of torture in medieval and early modern law.”

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Special Issue Revisiting Rights
Type: Book
ISBN: 978-1-84855-930-1

Book part
Publication date: 14 August 2023

Cosmas Emeziem

Trafficking1 in human beings is gross.2 It constitutes one of the most egregious violations of human rights.3 The vile nature of human trafficking is also hinged on the fact that…

Abstract

Trafficking1 in human beings is gross.2 It constitutes one of the most egregious violations of human rights.3 The vile nature of human trafficking is also hinged on the fact that it commodifies human beings. Hence its categorisation is modern slavery.4 So much of trafficking activities follow the pathways5 of other transnational forms of organised crimes and irregular cross-border movement of people.6 In response to this egregious crime, several international, regional and country laws and instruments have been used or proposed for combatting human trafficking.7 These instruments forbid trafficking in human persons and provide several preventive measures, prosecution of perpetrators and protection of victims of human trafficking.8 The number of state parties to the United Nations Protocol to prevent suppress and punish trafficking in persons, especially women and children, supplementing the United Nations Convention against Transnational Organized Crime (the Palermo Protocol), demonstrates the global commitment to combatting human trafficking. However, the COVID-19 pandemic and its impact on legal systems, and the capacity of both state and private institutions to combat human trafficking, has added a knotty twist to the global problem of human trafficking. This essay looks at the trends of human trafficking in light of the COVID-19 pandemic. It also highlights international law and policy approaches that state parties and civil society organisations should adopt to counteract the changes and sustain the fight against human trafficking. Thus, the essay contributes to updating the legal and policy approaches to combat human trafficking in this era.

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International Migration, COVID-19, and Environmental Sustainability
Type: Book
ISBN: 978-1-80262-536-3

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Abstract

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Transforming State Responses to Feminicide: Women's Movements, Law and Criminal Justice Institutions in Brazil
Type: Book
ISBN: 978-1-80071-566-0

Book part
Publication date: 25 February 2011

Suzana Sukovic

This research paper explores the roles of electronic texts in research projects in the humanities and seeks to deepen the understanding of the nature of scholars' engagement with…

Abstract

This research paper explores the roles of electronic texts in research projects in the humanities and seeks to deepen the understanding of the nature of scholars' engagement with e-texts. The study used qualitative methodology to explore engagement of scholars in literary and historical studies with primary materials in electronic form (i.e., e-texts). The study revealed a range of scholars' interactions with e-texts during the whole research process. It uncovered a particular pattern of information-seeking practices in electronic environments called netchaining and the main types of uses and contributions of e-texts to research projects. It was found that e-texts play support and substantive roles in the research process. A number of influences from electronic environment are identified as challenges and aids in working with e-texts. The study does not have statistical significance. It indicates a need for further research into scholarly practices, training requirements, and new forms of service provision. Study results are relevant for the development of digital collections, information services, educational programs, and other forms of support for the use of technology in research. The results can be also used to inform approaches to text encoding and development of electronic information systems and have implications for organizational and industry policies. The study found a range of scholars' interactions and forms of intellectual engagement with e-texts that were not documented and analyzed by earlier studies. It provides insights into disciplinary variations in the humanities and contributes to the understanding of scholarly change catalyzed by information technology.

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Advances in Librarianship
Type: Book
ISBN: 978-0-85724-755-1

Abstract

Details

Terrorism and Counter-Terrorism
Type: Book
ISBN: 978-0-76231-040-1

Book part
Publication date: 24 September 2014

Paul Misasi, Elizabeth H. Lazzara and Joseph R. Keebler

Although adverse events are less studied in the prehospital setting, the evidence is beginning to paint an alarming picture. Consequently, improvements in Emergency Medical…

Abstract

Purpose

Although adverse events are less studied in the prehospital setting, the evidence is beginning to paint an alarming picture. Consequently, improvements in Emergency Medical Services (EMS) demand a paradigm shift regarding the way care is conceptualized. The chapter aims to (1) support the dialogue on near-misses and adverse events as a learning opportunity and (2) to provide insights on applications of multiteam systems (MTSs).

Approach

To offer discussion on near-misses and adverse events and knowledge on how MTSs are applicable to emergency medical care, we review and dissect a complex patient case.

Findings

Throughout this case discussion, we uncover seven pertinent issues specific to this particular MTS: (1) misunderstanding with number of patients and their locations, (2a) lack of context to build a mental model, (2b) no time or resources to think, (3) expertise-facilitated diagnosis, (4) lack of communication contributing to a medication error, (5) treatment plan selection, (6) extended time on scene, and (7) organizational culture impacting treatment plan decisions.

Originality/value

By dissecting a patient case within the prehospital setting, we can highlight the value in engaging in dialogue regarding near-misses and adverse events. Further, we can demonstrate the need to expand the focus from simply teams to MTSs.

Details

Pushing the Boundaries: Multiteam Systems in Research and Practice
Type: Book
ISBN: 978-1-78350-313-1

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Abstract

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Rethinking Ethics Through Hypertext
Type: Book
ISBN: 978-1-83867-426-7

Book part
Publication date: 6 July 2005

Iain Morland

My discussion of intersexuality's changing exemplificatory position within feminist studies of science explains how its medical management has emerged as an exemplary injustice of…

Abstract

My discussion of intersexuality's changing exemplificatory position within feminist studies of science explains how its medical management has emerged as an exemplary injustice of recognition. Specifically, the surgical protocol that aims to make unusual genitalia invisible, and the medical obfuscation of intersexuality's ramifications for the cultural construction of gender, have been written as a wrong by Anne Fausto-Sterling and Suzanne Kessler. By mapping intersex treatment as a discursively produced injustice, I argue that it is accordingly within discourse that the wrongs of intersex treatment may be redressed – not by undoing past surgeries, or by punishing clinicians as personally “guilty.”

Details

Toward a Critique of Guilt: Perspectives from Law and the Humanities
Type: Book
ISBN: 978-0-76231-189-7

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