This book provides a comprehensive analysis of the decriminalization of abortion in Ecuador and its relationship with the transformation of contemporary constitutional thought. The work examines the phenomenon from multiple perspectives, showing how the discussion on abortion extends beyond the criminal sphere to encompass medical, ethical, and social dimensions that directly influence public policy formulation and the interpretation of fundamental rights. The study reveals that the understanding of abortion in the country has been shaped by tensions between traditional views and more rights-guaranteeing approaches seeking to expand recognition of reproductive autonomy. The text addresses major debates on sexual and reproductive rights, highlighting their importance in building a state that respects equality and human dignity. It analyzes the challenges women face in accessing safe and timely health services, as well as the implications of concepts such as conscientious objection when applied restrictively. The book situates these reflections within the international legal framework, indicating how global standards have influenced national discussions regarding the protection of the conceived and the limits of punitive power. Additionally, the book presents a review of the normative evolution and constitutional debates that have shaped Ecuadorian reproductive policy, highlighting social and legal factors that have driven reconsideration of abortion criminalization. The work concludes with a critical and forward-looking perspective, inviting readers to rethink the foundations of the legal system to advance a framework more consistent with human rights and the country’s contemporary realities.

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Sex work is often called the oldest profession in the world. It manifests itself in a plethora of forms. A move to private locations is now taking place: contacts are established via the Internet and meetings take place at appointed places. This makes it more difficult to monitor forced work, and exploitation therefore risks remaining undetected. This book presents empirical findings regarding exploitation in various countries, considering sex workers, traffickers and clients, and the fight against human trafficking. Countries differ vastly in their legislative approaches, ranging from highly repressive to very liberal. This volume asks whether the ongoing process of making and changing laws is sufficiently effective in fighting human trafficking. Other interventions could obtain better outcomes, such as promoting more independence among women and helping trafficked individuals to get out. Less ideology and more attention to the facts of exploitation and sex work might help to achieve these aims.

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This book is a collection of key legal decisions affecting Indigenous Australians, which have been re-imagined so as to be inclusive of Indigenous people’s stories, historical experience, perspectives and worldviews. In this groundbreaking work, Indigenous and non-Indigenous scholars have collaborated to rewrite 16 key decisions. Spanning from 1889 to 2017, the judgments reflect the trajectory of Indigenous people’s engagements with Australian law. The collection includes decisions that laid the foundation for the wrongful application of terra nullius and the long disavowal of native title. Contributors have also challenged narrow judicial interpretations of native title, which have denied recognition to Indigenous people who suffered the prolonged impacts of dispossession. Exciting new voices have reclaimed Australian law to deliver justice to the Stolen Generations and to families who have experienced institutional and police racism. Contributors have shown how judicial officers can use their power to challenge systemic racism and tell the stories of Indigenous people who have been dehumanised by the criminal justice system. The new judgments are characterised by intersectional perspectives which draw on postcolonial, critical race and whiteness theories. Several scholars have chosen to operate within the parameters of legal doctrine. Some have imagined new truth-telling forums, highlighting the strength and creative resistance of Indigenous people to oppression and exclusion. Others have rejected the possibility that the legal system, which has been integral to settler-colonialism, can ever deliver meaningful justice to Indigenous people.

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This book is a collection of key legal decisions affecting Indigenous Australians, which have been re-imagined so as to be inclusive of Indigenous people’s stories, historical experience, perspectives and worldviews. In this groundbreaking work, Indigenous and non-Indigenous scholars have collaborated to rewrite 16 key decisions. Spanning from 1889 to 2017, the judgments reflect the trajectory of Indigenous people’s engagements with Australian law. The collection includes decisions that laid the foundation for the wrongful application of terra nullius and the long disavowal of native title. Contributors have also challenged narrow judicial interpretations of native title, which have denied recognition to Indigenous people who suffered the prolonged impacts of dispossession. Exciting new voices have reclaimed Australian law to deliver justice to the Stolen Generations and to families who have experienced institutional and police racism. Contributors have shown how judicial officers can use their power to challenge systemic racism and tell the stories of Indigenous people who have been dehumanised by the criminal justice system. The new judgments are characterised by intersectional perspectives which draw on postcolonial, critical race and whiteness theories. Several scholars have chosen to operate within the parameters of legal doctrine. Some have imagined new truth-telling forums, highlighting the strength and creative resistance of Indigenous people to oppression and exclusion. Others have rejected the possibility that the legal system, which has been integral to settler-colonialism, can ever deliver meaningful justice to Indigenous people. The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

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Whereas conventional approaches to law and religion regard these as competing domains, this volume explores a vital alternate perspective, which conceives of them as overlapping and interrelated frameworks that structure the social order. The multi-disciplinary essays address political theology, secularism, church-state conflicts, and divine law.

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Practitioner lawyers and legal scientists pay a lot of attention to providing insight into developments and patterns in the judiciary. However, with the question of exactly how they arrive at their insights and account for them, they are entering less familiar territory. Important questions they ask themselves are: How do I collect case law? Which statements do I select or not select for analysis? How do I expose a pattern? How reliable are the insights found? What exactly is their relevance and meaning? And how can software, artificial intelligence or other data science techniques help with this? Methods of systematic case law analysis addresses these and other questions that arise when conducting large-scale case law research. With the increasing digital availability of justice, this research is increasingly attractive. At the same time, this development justifies increased attention to the methodological justification of case law analysis. In this book, the authors outline some important methodological lessons for doing this type of legal research based on their experiences with systematic case law analysis. This makes the book important for students, PhD students and more experienced lawyers in science and practice.

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Professional Emotions in Court examines the paramount role of emotions in the legal professions and in the functioning of the democratic judicial system. Based on extensive interview and observation data in Sweden, the authors highlight the silenced background emotions and the tacitly habituated emotion management in the daily work at courts and prosecution offices. Following participants ‘backstage’ – whether at the office or at lunch – in order to observe preparations for and reflections on the performance in court itself, this book sheds light on the emotionality of courtroom interactions, such as professional collaboration, negotiations, and challenges, with the analysis of micro-interactions being situated in the broader structural regime of the legal system – the emotive-cognitive judicial frame – throughout. A demonstration of the false dichotomy between emotion and reason that lies behind the assumption of a judicial system that operates rationally and without emotion, Professional Emotions in Court reveals how this assumption shapes professionals’ perceptions and performance of their work, but hampers emotional reflexivity, and questions whether the judicial system might gain in legitimacy if the role of emotional processes were recognized and reflected upon.

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This open access collection of 17 original essays is the first volume to provide an in-depth exploration of the potential of a rights-based approach to criminal law. The book presents a comprehensive treatment of the role of rights in criminal law, ranging from a conceptual analysis and questions of justified criminalisation, to specific legal implications for substantive criminal law and criminal procedure. The collection addresses the academic and practical questions that are related to individual entitlements protected by criminal law, including: - Who currently holds and who should hold a right not to be wronged by others? - Is it a violation of individual rights, rather than the infliction of harm, that constitutes a reason for criminalisation? - Does the idea of criminal law as regulating interpersonal legal relations contradict its public character? Furthermore, the collection provides a theoretical framework for the study of consent and sexual offences, investigates the background of ideas of restorative justice, and explores both the victim’s and the offender’s rights in prosecution and trial. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

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Many Europeans struggle to understand where European Union-centred Europeanization has led them. The standard response—that their situation is sui generis, one of a kind—no longer holds. Brexit, conflicts over European financial transfers, immigration, or dubious judicial reforms in some Member States demand a more substantial answer. Against that background, this book frames European integration by reconstructing European public law in the light of Article 2 of the Treaty on European Union (TEU). According to Article 2 TEU, all Europeans are today part of one society. European integration may not have produced a European state or people, but it has helped to create a European society. This society is interwoven with European public law as the Treaty characterizes it with 12 constitutional principles. The book interprets this statement as the manifesto, identity, and constitutional core of a democratic society. Thus, Europeans should understand that European integration has ushered in a European democratic society. This approach takes the bull by the horns because democracy represents the key concept in the struggle to understand and develop our society. On that basis, the book goes through many of the great debates of European public law and presents them in a new and forward-looking light.

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Aimed at bridging a crucial gap in legal education, Uncovering European Private Law provides a comprehensive introduction to the evolving field of European private law. This innovative handbook addresses the interplay of national, European, and transnational rules governing relationships between private actors, including individuals and businesses. Designed with students in mind, this volume not only covers foundational concepts but also explores cutting-edge developments in areas such as contract, tort, property, and company law. What sets this handbook apart is its contextual approach. By integrating societal and theoretical perspectives, it encourages students to critically evaluate private law's role in addressing global challenges like digitalization, sustainability, and globalization. Gathering the expertise of over twenty international law scholars, the handbook reflects the expertise of academics deeply engaged in teaching and research. With structured chapters and accessible narratives, this handbook replaces piecemeal materials previously used in courses. It offers coherence and depth, making it an essential resource for understanding the legal frameworks that shape commerce, legal practice, and broader societal issues. Whether for mandatory or elective courses, this guide empowers students to navigate and critically assess the dynamic field of European private law providing an essential resource for the private lawyers of the future.

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