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Book part
Publication date: 8 December 2023

Allison Jendry James

The legalization of same-sex marriage changed the parenting landscape for LGBTQ parents in a variety of ways. Parenthood is presumably different now that same-sex marriage is…

Abstract

The legalization of same-sex marriage changed the parenting landscape for LGBTQ parents in a variety of ways. Parenthood is presumably different now that same-sex marriage is officially legal. Experiences among LGBTQ couples in the post-legalization of same-sex marriage era raise questions about the context of growing recognition and cultural acceptance of same-sex relationships. I conducted in-depth interviews with LGBTQ parents to learn how they navigate parenting and the construction of parenting roles in the context of a society that has legalized same-sex marriage, yet still is rooted in heteronormative notions of family and parenthood. Specifically, I ask: How do LGBTQ couples construct and make sense of their roles as parents, particularly within the contemporary context of the legalization of same-sex marriage? Understanding the contexts that shape LGBTQ parents’ experiences aids in not only understanding the lives of LGBTQ parents and their families better, but also developing a deeper understanding of contemporary parenting identities and experiences more broadly.

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Cohabitation and the Evolving Nature of Intimate and Family Relationships
Type: Book
ISBN: 978-1-80455-418-0

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Abstract

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Unsettling Colonial Automobilities
Type: Book
ISBN: 978-1-80071-082-5

Book part
Publication date: 19 April 2024

Rania Maktabi

This chapter discusses the extension of legal equality between male and female citizens in four states in North Africa – Tunisia, Egypt, Morocco and Algeria – through one specific…

Abstract

This chapter discusses the extension of legal equality between male and female citizens in four states in North Africa – Tunisia, Egypt, Morocco and Algeria – through one specific lens: A married woman's legal capacity to initiate and obtain divorce without the husband's consent. Building on the works of Stein Rokkan and Reinhard Bendix on the expansion of citizenship to the ‘lower classes’, it is argued that amendments in divorce law by introducing in-court divorce for women, in addition to out-of-court divorce, is a significant institutional change that extends legal equality between men and women. The introduction of in-court divorce expands female citizenship by bolstering woman's juridical autonomy and capacity in state law. Changes in divorce laws are thus part of state centralization by means of standardizing rules that regulate family law through public administrative institutions rather than religious organizations. Two questions are addressed: First, how did amendments in divorce laws occur after independence? Second, in which ways did women's bolstered legal capacity in divorce have a spill over effect on reforms in other patriarchal state laws? Based on observations on sequences of change in four states in North Africa, it is argued that amendments that equalize between men and women in divorce should be seen as a key driver for reforms in other state laws, that reduce legal inequality between male and female citizens. In all four states, women's citizenship was extended in nationality law and criminal law after amendments in divorce law gave women unilateral legal power to exit a marital relationship.

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A Comparative Historical and Typological Approach to the Middle Eastern State System
Type: Book
ISBN: 978-1-83753-122-6

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Article
Publication date: 4 April 2024

Karunanithi Kanagaraj and Ramalinggam Rajamanickam

The purpose of this paper is to explore and evaluate the current legal position on the admissibility and exclusion of illegally obtained evidence in money laundering cases.

Abstract

Purpose

The purpose of this paper is to explore and evaluate the current legal position on the admissibility and exclusion of illegally obtained evidence in money laundering cases.

Design/methodology/approach

A thorough exploratory analytical analysis signifies that such illegally obtained evidence from money laundering offences is admissible, provided it does not undermine the administration of justice or the right to a fair trial.

Findings

By virtue of the lack of written or codified rules governing the admissibility and exclusion of illegally obtained evidence in cases involving money laundering, the rule of admissibility remains the primary foundational principle for the governance of the admissibility and exclusion of illegally obtained evidence in money laundering cases.

Originality/value

The Malaysian Criminal Justice System has historically relied on the long-standing admissibility principles to admit and exclude illegally obtained evidence. For decades, courts have used their discretion to admit illegally obtained evidence based on the relevancy test, and they have further demonstrated to use the same discretion to exclude gravely prejudicial evidence. Evidence obtained illegally but if relevant to the matter in issue is deemed admissible. Evidence derived from an act associated with unlawful activities or a predicate offence in money laundering may be obtained illegally, which may influence the prosecution case and conversely, defend the accused’s rights to a fair trial.

Details

Journal of Money Laundering Control, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1368-5201

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Article
Publication date: 5 September 2023

Flora I. Matheson, Arthur McLuhan, Ruth Croxford, Tara Hahmann, Max Ferguson and Cilia Mejia-Lancheros

Continuity of care and access to primary care have been identified as important contributors to improved health outcomes and reduced reincarceration among people who are…

Abstract

Purpose

Continuity of care and access to primary care have been identified as important contributors to improved health outcomes and reduced reincarceration among people who are justice-involved. While the disproportionate burden of health concerns among incarcerated populations is well documented, less is known about their health service utilization, limiting the potential for effective improvements to current policy and practice. This study aims to examine health status and health care utilization among men recently released from a superjail in a large metropolitan area to better understand patterns of use, risk factors and facilitators.

Design/methodology/approach

Participants included adult men (n = 106) matched to a general population group (n = 530) in Ontario, Canada, linked to medical records (88.5% linkage) to examine baseline health status and health utilization three-months post-release. The authors compared differences between the groups in baseline health conditions and estimated the risk of emergency department, primary care, inpatient hospitalization and specialist ambulatory care visits.

Findings

Superjail participants had a significantly higher prevalence of respiratory conditions, mental illness, substance use and injuries. Substance use was a significant risk factor for all types of visits and emergency department visits were over three times higher among superjail participants.

Originality/value

This empirical case is illustrative of an emerging phenomenon in some regions of the world where emergency departments serve as de facto “walk-in clinics” for those with criminal justice involvement. Strategic approaches to health services are required to meet the complex social and health needs and disparities in access to care experienced by men released from custody.

Details

International Journal of Prisoner Health, vol. 19 no. 4
Type: Research Article
ISSN: 1744-9200

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Abstract

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Women's Imprisonment in Eastern Europe: ‘Sitting out Time’
Type: Book
ISBN: 978-1-80117-283-7

Content available
Book part
Publication date: 16 November 2023

Arta Jalili Idrissi

Abstract

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Women's Imprisonment in Eastern Europe: ‘Sitting out Time’
Type: Book
ISBN: 978-1-80117-283-7

Article
Publication date: 23 October 2023

Babatunde Kazeem Oladejo and Darra Hofman

Social media posts have been an integral part of our society’s communication and serve purposes from the personal to the national, from the mundane to the silly to the momentous…

Abstract

Purpose

Social media posts have been an integral part of our society’s communication and serve purposes from the personal to the national, from the mundane to the silly to the momentous. This study aims to examine social media posts as records, discussing how social media technology serves, perhaps unexpectedly, to reinforce traditional archival understandings of issues such as provenance, custody, access, disposition and preservation.

Design/methodology/approach

This study follows a four-step methodology. First, this study analyzes literature for a matching definition of the social media record. In the second step, we appraise three social media postings previously curated and cited in news articles by journalists to determine their characteristics – Are these social media posts “records?” Third, this study evaluates the sample records against two dominant theoretical record models, the life cycle and the continuum and attempt to apply the model specifications to the data samples. Finally, this study proposes appropriate records management solutions to address governance issues from the study findings in the conclusion section.

Findings

This study shows that, even by the most traditional of definitions, social media posts are records. The paper also demonstrates that platform mediation transforms simple narrative documents into records whose provenance, custody and control are dictated by platform logics and governance, outside of the control of their creators. Through appraisal of a small sample of “important” social media posts, this study illustrates that, rather than obsolete, traditional records management concepts and approaches are necessary to ensuring the ongoing accessibility, usability and evidentiary character of social media posts in the broader “platformized” context.

Research limitations/implications

This is exploratory, theoretical work. In future works, this study plans to expand and validate aspects of this study.

Originality/value

This paper tests existing theoretical frameworks, namely, the Records Life cycle and the Records Continuum for applicability to the social media record. The paper also offers a view of the potential for traditional archival and records management concepts in service of a just and inclusive recordkeeping, because such concepts allow us to demonstrate the centralized, elite-serving, bureaucratic structures which underpin social media records are obscured by the seemingly decentralized, participatory nature of social media.

Details

Records Management Journal, vol. 33 no. 2/3
Type: Research Article
ISSN: 0956-5698

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Book part
Publication date: 14 December 2023

Ana María Morales

In this chapter, I analyse the implementation of the reform to the regimen of alternatives to prison in Chile which occurred in 2013 and how the reform affected how punishment is…

Abstract

In this chapter, I analyse the implementation of the reform to the regimen of alternatives to prison in Chile which occurred in 2013 and how the reform affected how punishment is conceived and translated into practice by professionals supervising probation and community services. The findings suggest the reform that led to the new ‘substitutive sanctions’ also introduced a new risk-oriented-managerial culture that has permeated how punishment is currently enforced and envisaged by supervision professionals; a situation that has been deepening over the years, not only through practice, but also via on-going training that has helped to generate the emergence of ‘cultural’ capital that distinguishes supervision professionals from the larger organisation. This has been combined with a rapid expansion in the use of substitutive sanctions, especially probation and ‘partial reclusion’ that can aptly be analysed under the ‘mass supervision’ premise.

Details

Punishment, Probation and Parole: Mapping Out ‘Mass Supervision’ In International Contexts
Type: Book
ISBN: 978-1-83753-194-3

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Open Access
Article
Publication date: 4 July 2023

Kristian Keskitalo and Jaakko Väyrynen

This paper aims to analyse the virtual currency regulation especially in Finland, Sweden and Norway. Different member states had a bit differently incorporated regulation of…

Abstract

Purpose

This paper aims to analyse the virtual currency regulation especially in Finland, Sweden and Norway. Different member states had a bit differently incorporated regulation of AMLD5. Finland has gone the furthest in regulation and even issuers of virtual currency are under the Finnish regulation.

Design/methodology/approach

In one hand, the study approach is legal dogmatics, but in other hand it is comparative legal research. Both approaches can be found in this paper.

Findings

The EEA is going from a more fragmented regulatory landscape based on 5th Anti-Money Laundering Directive to a more uniform regulatory approach provided by a legislative package that regulates crypto assets more broadly, coupled with an overhaul of the anti-money laundering rules, bringing them into a single European rulebook. Finland has taken a step further in this matter. Therefore, it would be reasonable for the AMLD5 scope to be expanded in this respect. It is a welcome development that the regulation will be unified and that investor protection will be better taken into account in the future as well.

Originality/value

This paper gives a picture of what kind of challenges is there in Fennoscandic in terms of money laundering regulation of virtual currencies. On the other hand, this paper brings into the discussion the rather clever solutions of Fennoscandic (especially Finland) regarding money laundering of virtual currencies.

Details

Journal of Money Laundering Control, vol. 26 no. 7
Type: Research Article
ISSN: 1368-5201

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