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Minority Religions under Irish Law

Islam in National and International Context

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Edited by Kathryn O'Sullivan

Minority Religions under Irish Law focuses the spotlight specifically on the legal protections afforded in Ireland to minority religions, generally, and to the Muslim community, in particular. Although predominantly focused on the Irish context, the book also boasts contributions from leading international academics, considering questions of broader global importance such as how to create an inclusive environment for minority religions and how to regulate religious tribunals best. Reflecting on issues as diverse as the right to education, marriage recognition, Islamic finance and employment equality, Minority Religions under Irish Law provides a comprehensive and fresh look at the legal space occupied by many rapidly growing minority religions in Ireland, with a special focus on the Muslim community.

Hugo Grotius’s Remonstrantie of 1615

Facsimile, Transliteration, Modern Translations and Analysis

David Kromhout and Adri Offenberg

Grotius wrote the Remonstrantie around 1615 at the request of the States of Holland, to define the conditions under which Jews were to be admitted to the Dutch Republic. At that time, he was already an internationally recognized legal expert in civic and canonic law. The position taken by Grotius with respect to the admission of the Jews was strongly connected with the religious and political tensions existing in the Dutch Republic of the early 17th century. The Remonstrantie shows how Grotius’s views evolved within the confines of the philosophical and religious concepts of his time. It is an example of tolerance within political limits, analyzed by the author David Kromhout and made accessible through a modern translation.

Erotic Subjects and Outlaws

Sketching the Borders of Sexual Citizenship

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Edited by Serena Petrella

This book examines the intricacies of emergent sexual citizenship. Designed for academics and broader audiences alike, the collection covers the theorization of sexual citizenship, the exploration of case studies in law, the relationship between sexual citizenship and bio-politics, and finally the erotic dissidence of sexual outlaws. The borders of sexual citizenship are traced, as authors investigate what it means to be ‘inside,’ as erotic subjects, or outside, as ‘sexual outlaws.’ The issues of inclusion and exclusion are approached through diverse methodological and analytical lenses: some articles are theoretical and philosophical, others are empirically based, presenting the findings of sociological and ethnographic research projects; some are textual analyses, of religious texts, film texts, and of legal discourse. Contributors are Abidemi Fasanmi, René Hirsch, Elene Lam, Jaclyn Lanthier, Todd G. Morrison, Nick J. Mulé, Elly-Jean Nielsen, Serena Petrella, Olivia Schuman and Deww Zhang.

Reason and Fairness

Constituting Justice in Europe, from Medieval Canon Law to ECHR

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Ulrike Müßig

Throughout Europe, the exercise of justice rests on judicial independence by impartiality. In Reason and Fairness Ulrike Müßig reveals the combination of ordinary judicial competences with procedural rationality, together with the complementarity of procedural and substantive justice, as the foundation for the ‘rule of law’ in court constitution, far earlier than the advent of liberal constitutionalism. The ECHR fair trial guarantee reads as the historically-grown consensus of the functional judicial independence. Both before historical and contemporary courts, justice is done and seen to be done by means of judgements, whose legal requirements combine the equation of ‘fair’ and ‘legal’ with that of ‘legal’ and ‘rational.’ This legal determinability of the judge’s fair attitude amounts to the specific (rational) European idea of justice.
Scope and Aims
Launched in 2018, the European Criminal Justice Series provides a forum for high-quality scholarship on the European dimensions of crime, criminal law, criminal policy, and punishment. Publications in the series provide insight into how crime, criminal law and criminal justice is developing within the European Union and on the European continent, both from a legal and criminological perspectives. The series particularly welcomes monographs but is also open to edited volumes.

Information for Authors
Authors who are interested to publish in the European Criminal Justice Series, are invited to submit a proposal for consideration by the editorial board. For questions regarding the European Criminal Justice Series, or to submit a proposal, please contact the Editorial Board. The Editorial Board consists of the board members of the European Journal of Crime, Criminal Law and Criminal Justice, and two additional members. Each manuscript will be reviewed by the two editors-in-chief and by either one or two board members – depending on the topic and the required expertise.

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Francisco Pascual-Vives

In Consensus-Based Interpretation of Regional Human Rights Treaties Francisco Pascual-Vives examines the central role played by the notion of consensus in the case law of the European and Inter-American Courts of Human Rights. As many other international courts and tribunals do, both regional human rights courts resort to this concept while undertaking an evolutive interpretation of the Rome Convention and the Pact of San José, respectively. The role exerted by the notion of consensus in this framework can be used not only to understand the evolving character of the rights and freedoms recognized by these international treaties, but also to reaffirm the international nature of these regional human rights courts.

The Future of EU Criminal Justice Policy and Practice

Legal and Criminological Perspectives

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Edited by Jannemieke Ouwerkerk, Judit Altena, Jacob Öberg and Samuli Miettinen

EU criminal justice is a fast developing and challenging area of EU law and policy that requires scholars from different disciplines to join forces. This book is a first attempt to establish such synergies. Coming from different angles, the authors deal with questions in the area of EU substantive criminal law, such as when criminalisation of conduct is an appropriate choice; how the process of (de)criminalisation could be advanced; what the role of evidence could be in this regard; and what consequences criminalisation decisions at EU level have for national legal orders. The book concludes with a demonstration of how similar issues arise in the field of procedural criminal law.

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Edited by Faustina Pereira, Shahnaz Huda and Sara Hossain

The People’s Republic of Bangladesh is centrally located in South Asia and is one of the eight countries that constitute the South Asian Association of Regional Cooperation (SAARC). In 2010, the South Asian Institute of Legal and Human Rights Studies in Dhaka (SAILS) initiated the ‘Combating Gender Injustice’ research study to investigate how the Christian, Hindu and Muslim communities in the country are affected by the laws and customs governing their personal lives. The aim was to engage in a dialogue with the stakeholders the results of which would provide a basis to formulate recommendations for law, policy and procedural reform. These reports have been reproduced in this volume in updated and revised form. Moreover, in order to offer a more complete overview of the ethnic and religious minorities concerned, a chapter has been added on the personal laws of the Buddhist community, the third largest religious community in Bangladesh. Finally, the volume offers much needed information on the laws and customs of the indigenous peoples of the Chittagong Hill Tracts, communities following traditional rules and customs in the remote and hilly region of the country. The gender-insensitive personal laws prevalent in South Asian societies will continue to be debated for generations to come. This unique volume gives a voice to the different religious and ethnic communities affected by the current laws and practices in force in Bangladesh. The reader will find an overview and gain understanding of the legal issues that need to be addressed in each case.

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Pirjo Kleemola-Juntunen

The Åland Strait is a particularly important sea route connecting the Gulf of Bothnia with the Baltic Sea between Sweden and the Åland Islands. The Åland Strait is closely connected to the Åland Islands, which were demilitarised in the international legal treaty ending the Crimean War in the 1850s. Following World War I, the Åland Strait was also regulated by the 1921 Convention relating to the Non-fortification of and Neutralisation of the Åland Islands. This book is the first to examine passage rights in the Åland Strait according to the Law of the Sea and its long history in times of war and peace.

Intergenerational Equity

Environmental and Cultural Concerns

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Edited by Thomas Cottier, Shaheeza Lalani and Clarence Siziba

In Intergenerational Equity: Environmental and Cultural Concerns, the editors have produced an important, broad-based volume on intergenerational equity. The authors explore the principle of intergenerational equity in many dimensions, from the theoretical to the practical. While the primary focus is on intergenerational equity in the context of environmental resources and cultural heritage, the principle is also addressed in a broad array of other contexts. The final section of the volume considers intergenerational justice as it applies to indigenous peoples, genocide, migration, sovereign wealth funds and foreign investment. The chapters also provide a critical analysis of the issues and a consideration of the difficulties in implementing intergenerational equity.