To save content items to your account,
please confirm that you agree to abide by our usage policies.
If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account.
Find out more about saving content to .
To save content items to your Kindle, first ensure no-reply@cambridge.org
is added to your Approved Personal Document E-mail List under your Personal Document Settings
on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part
of your Kindle email address below.
Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations.
‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi.
‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
In evidence law, a privilege can prevent the discovery or evidentiary use of certain sensitive information. Many privileges apply to communication with specified persons such as lawyers, doctors, psychologists, accountants, clergy, or spouses. A major shortcoming of current privilege law is that it tends to protect relationships that are more common in higher economic strata. Low-income people do not benefit equally from privileges because their relationships are less likely to meet the requirements set forth in statutes and case law. The time has come to level the playing field and extend the valuable protections of evidentiary privileges more uniformly throughout society. Evidentiary privilege should not depend on economic privilege.
The contestation of international organizations (IOs) over past decades has inspired a rich research program. This essay takes stock of progress by reviewing key findings in existing scholarship and identifying critical areas for future study. We propose a typology that distinguishes between internal contestation, which criticizes the institutions or policies of an IO with the aim of reform, and external contestation, which challenges an IO’s foundational principles and very existence. Building on this conceptual distinction, we review the most important findings of existing research on three key themes: patterns of contestation, drivers of contestation, and responses to contestation. We also argue that this conceptualization helps us better understand the changing nature of contestation: while criticism of how IOs function has long been a staple of world politics, it recently appears to have shifted toward a deeper form involving more fundamental questioning of IOs themselves. We conclude by highlighting the need for dynamic theories and improved measurements to explain when and how IO contestation shifts from internal criticism to external rejection, and by outlining a forward-looking research agenda on organizational robustness, hegemonic contestation, and the relationship between IO contestation and the broader contestation of global governance.
This chapter concludes that narrative change both precedes and sustains legal transformation. Across Ghana, Israel, Greece, and India, the study shows that the (in)cohesion of judicial narratives decisively shapes minority trust, procedural justice, and reform. Narratival cohesion sends a strong signal to lower courts, religious authorities, and communities, reinforcing legitimacy and the rule of law, while incohesion undermines harmonization and fuels alienation. The chapter introduces a “Narrative Cohesion Test” to complement Irshai and Zion-Waldoks’s “Narrative Ripeness Test,” arguing that internal readiness for reform yields results only when courts articulate coherent, consistent narratives. Through the example of S. Sushma v. Commissioner of Police (2021), it illustrates how judicial reflexivity and narrative literacy can deconstruct exclusionary norms and construct new, dignity-affirming meanings. A proposed “Blueprint for Narrative Transformation” outlines practical judicial and civic steps for narrative reform, framing law itself as an act of storytelling that links justice, empathy, and coexistence.
A brief review of Luther’s confessional summation of the central indisputable articles of faith for the reformed Christian religion; Luther’s practical reformation agendas are interpreted, noting the tensions regarding sacramental theology and teachings on marriage and sexuality.
This chapter sets out conditions in January, which saw Britain bracing for a war in Europe; starvation on the streets of London and major cities, where need outran resource and the organisation of welfare; a parallel discussion of food for the middle classes; and a series of accidents and building collapses, which also show up the lack of infrastructure in quickly expanding cities. All this suggests that the year might counter later appraisals of the 1850s as confident and optimistic. The opening of the National Portrait Gallery in London speaks to a nation perhaps more confident in its past than its present and future. The present had to deal with agitation for suffrage reform and the threat of French aggression in Europe. At the same time, is fiction being recognised as an important literary form in a year that saw significant personal upheaval in the lives of Dickens and Eliot.
Chapter 9 revisits our central contributions and considers the scope conditions of our argument. While the underlying governance conditions of a recipient state matter for the impact of migration management aid, we argue that it is migration management aid itself, rather than the regime type of recipient states, that carries the risk of increased repression or worsening authoritarian practices. We argue that reform of migration management aid is possible but that it requires decoupling its focus on building the migration state capacity of recipient countries from more “traditional” development or humanitarian aid, and that it must be accompanied by stronger accountability measures. Finally, we consider the impacts of continuing migration management aid not only for recipient countries, but also for donor countries, particularly those in Europe. The EU’s willingness to forego normal procedures to quickly implement the EUTF has not only undermined its commitment to democracy but has also yielded ground to the political maneuvering of far-right parties, spelling disaster for its own citizens as well as noncitizens within and beyond its borders.
Judging Through Narrative explores the normative frames, or judicial narratives, that non-Muslim courts construct when adjudicating Muslim Family Law disputes. The book examines how these narratives shape the rule of law, gender reform, and public trust in the justice system. Drawing on over 400 interviews with judges, lawyers, and litigants, and an analysis of nearly 3,000 judicial decisions from Ghana, India, Israel, and Greece, the book reveals how coherence and fragmentation in judicial storytelling influences legal legitimacy and reform. Introducing the concept of 'narratival (in)cohesion', this work offers a new framework for understanding how courts mediate between religion, rights, and state authority. Bridging law, political science, and socio-legal studies, it is an essential resource for scholars, policymakers, and practitioners seeking to understand how judicial narratives shape the lived experience of law in diverse, multi-religious societies. This title is also available as open access on Cambridge Core.
This chapter begins by outlining the past trends and the present trajectory of employment-related dispute resolution at international organizations. Second, the historic evolution of the statutory basis of administrative tribunals at the United Nations is analysed, suggesting that Member State governance organs are prepared to revise procedures, but are reluctant to address the transparency of employment law at international organizations. Third, and in conclusion – extending this book’s emphasis on concisely and clearly introducing the law – the incorporation of general legal principles of international administrative law into the Statutes of international administrative tribunals is proposed.
After introducing the twentieth-century academic skepticism about civics and any component of patriotism in it, and the significant educational deficit and civic harm this approach has caused, this chapter turns to two sections: (a) Tocqueville’s Praise of America’s Reflective Patriotism patriotism – including the six components he sketches in a reflective patriotism, with the role of Christianity balanced against self-interest; and (b) American Civic Exemplars of Patriotism and Reform – featuring questions raised by the study of Douglass, Lincoln, Stanton, Anthony, and King.
Edited by
Monika Zalnieriute, Law Institute of the Lithuanian Centre for Social Sciences,Agne Limante, Law Institute of the Lithuanian Centre for Social Sciences
This chapter examines how artificial intelligence (AI) can address inefficiencies in India’s judicial system, focusing on Protection of Children from Sexual Offences (POCSO) cases. Analysis of 220,000 cases reveals significant regional disparities in processing and outcomes, reflecting broader systemic challenges. Despite digital infrastructure investments, we identify a disconnect between data collection and data- driven decision-making. We propose an AI-powered dashboard to provide real-time case tracking, identify bottlenecks, and improve resource allocation. While implementation faces challenges related to data quality and privacy, successful deployment could serve as a model for judicial reform in India and globally.
Signs of Safety is a ‘strengths-based’ practice framework for child protection, devised to help with maximising child welfare and minimising dangers. In developing this case study about its implementation, we were able to draw upon extant work on challenges in implementing Signs of Safety practice which has highlighted features such as the extent of proceduralisation, oversight reporting mechanisms, the culture around managing uncertainty and organisational leadership as significant in achieving or limiting implementation. Preventing deaths is important but this task should be understood in light of the rarity of, and difficulties with predicting, such tragedies. Extant UK practice has emphasised procedures and oversight as the method for improving practice but this has failed to achieve its goal. It is debated what natures of character and expertise best facilitate child protection work.
Backlash has become commonplace against elected officials across the United States. This is especially true for reform prosecutors, who seek to move away from traditional, tough-on-crime approaches to prosecution. How do prosecutors make sense of backlash to reform policies? How do prosecutors respond to attempts to limit their discretion, remove them from office, or otherwise inhibit their power? We draw on 68 interviews with prosecutors from 33 states and find that reform prosecutors report a chilling effect of backlash, which has pushed some out of office and forced others to carry out reforms under personally and professionally fraught conditions.
This article examines the relevance of ‘deliberative’ constitutionalism – the idea that democratic deliberation ought to inform our expectations of constitutional law and processes – to constitutional moments in non-state contexts. More specifically, it explores the ways in which extending a deliberative constitutional lens to non-state spaces can both enrich our understanding of the legal-political dynamics within these spaces and, in turn, inform the field of deliberative constitutionalism itself. To do this, it takes an empirical approach to interpret and analyse a constitutional process through which a university student union reinvented its own democratic structures, in significant part through a ‘deliberative mini-public’ of everyday members. Drawing on interviews, observations and records, it demonstrates that a deliberative constitutional lens maps onto and usefully interprets the democratic process in this context while also offering empirical insight into an underexplored dimension of deliberative constitutionalism: that is, connections between deliberative approaches ‘to’ constitutional reform and the resulting constitutional features ‘from’ which subsequent political deliberation flows. It shows how the former carries ‘through’ into the latter by way of the internalization of deliberative norms resulting from both direct and indirect experience with deliberative approaches.
Plato was the initiator, in the philosophical literature, of the idea that punishment should look to the future, not to the past. It must be beneficial and serve some useful purpose. Beneficial to whom? The first part of Plato’s answer is striking: ‘to the offender’. Punishment should be directed at reforming offenders rather than simply penalizing them because they had offended. This idea was accepted by a succession of (non-abolitionist) thinkers. It is still with us today. Plato was presumably unaware that he was opening a loophole that could be exploited by later reformers who sought a reduction, and then finally abolition, of the death penalty: an offender sentenced to a programme of rehabilitation was not a prime candidate for execution. However, a further possible answer to Plato’s question might be: ‘(beneficial) not for the criminal but for society as a whole’. Plato also held that punishment might serve as a deterrent, and this opened the door to harsh treatment, including death, of some offenders, namely, those who were judged ‘incurable’. One might kill a murderer, or a disparager of the gods, to deter others.
This essay examines a scene of late Ottoman parliamentary politics characterized by verbal disruption, raucous applause, and strident indignation: in short, clamor. Centered on the brief period in late 1918 following the empire’s exit from World War I but prior to the rise of the Turkish nationalist movement, the essay focuses on a moment shaped by remarkable uncertainty about how to narrate the political present—what aspects of the historical past remained relevant to defining a possible political future? It looks at the efforts of a Greek Orthodox deputy of parliament, Emmanouil Emmanouilidis, to rebuke the promise of the nearly century-long process of reform (ıslahat). As part of this effort, he also historicized the interruption of his own speech, identifying the traces of his own frailty of voice in the stenographic records from prior parliamentary sessions. Attention to noise requires a careful unpacking of seemingly contingent moments of communicative misfire, places where denotational discourse is disrupted and therefore unheard, or what speech act theorists have referred to as infelicities. I offer a critical reimagining of the concept of infelicity, attentive to Emmanouilidis’ own preoccupation with the historical weight assumed by the fact of being persistently drowned out by his colleagues. I contend that Emmanouilidis was challenging regnant assumptions about the historical unfolding of freedom in Ottoman political life. The essay argues for the importance of interrogating the labile and contested character of historical temporality at the end of empire.
The death penalty was accepted almost universally until the eighteenth century, when Giuseppe Pelli of Florence and Cesare Beccaria of Milan produced works calling for its abolition. Why was this form of punishment so integrated into laws and customary practices? And what is the pre-history of the arguments in favour of its abolition? This book is the first to trace the origins of these ideas, beginning with the Lex Talionis in the Code of Hammurabi and moving across the Bible, Plato, to the Renaissance, and the emergence of utilitarianism in the 18th century. It also explores how the advance of the abolition of the death penalty was held up for a time in Britain, and stalled, apparently permanently, in America. Peter Garnsey ranges across philosophy, theology, law, and politics to provide a balanced and accessible overview of the beliefs about crime and punishment that underlay the arguments of the first abolitionists. This study is a compelling and original contribution to the history of ideas about capital punishment.
Chapter 6 analyzes the role of miraculous images in Borromeo’s own posthumous cult, which culminated in his rapid canonization in 1610. Portraits and their alleged miracles had long played an important role in promoting a candidate for sainthood. However, as the first modern individual to achieve sainthood during this era of Catholic reform, Borromeo’s miraculous portraits were subject to many of the Roman Curia’s strict new regulations regarding the veneration of not-yet-saints. Despite these reforms, portraits of the late Borromeo and their miracles were treated as trusted evidence of his sanctity in the Curia’s own canonization trials, even as they sometimes broke the rules. The skills of contemporary portraitists became increasingly central to the saint-making process, revealing once again that the pressures of reform only increased the powerful claims of the image. Borromeo’s images were sacred things that could deliver truths and work miracles, functions that played a major role in the development of artistic practice in Italy.
Chapter 1 opens the book’s section on “Catholic antiquities,” which addresses Borromeo’s interactions with the diverse images he encountered in the churches of the Milanese diocese. It examines archival records of Borromeo’s church inspections, or visitations, to show that his reform of the church interior focused on the physical integrity of the images he encountered, sacred by virtue of their objecthood as well as their representational value. His emphasis on the sacred objecthood of images had implications for their perceived historicity. Borromeo folded Renaissance Raphaels, miraculous medieval mosaics, and contemporary artworks into the same long arc of ancient custom. If Giorgio Vasari wrote in his 1568 Lives of the Artists that antiquity ended with the fourth-century reign of Constantine, Borromeo’s definition of antiquity was far more flexible in its parameters. Borromeo’s views on the history of sacred images coalesced in a time of intense confessional debate, offering a decidedly Catholic understanding of the image’s antique authority.
This chapter examines four common immediate causes of wrongful convictions as confirmed by recent data from registries. They are mistaken eyewitness identification, incentivized and lying witnesses, false confessions and faulty forensics. Commonly used remedies designed to prevent these immediate causes are examined from a legal process perspective, which stresses the different remedies that can be implemented by courts, legislatures and through executive measures. The latter includes reforms that police and forensic science providers can take themselves to decrease the risk of causing wrongful convictions. The most effective strategies often involve all three branches of government. At the same time, many jurisdictions are reluctant to adopt optimal reform measures because of concerns about preventing the use of evidence that is frequently used to achieve convictions. For example, the use of jailhouse informants has not been banned despite their frequent role in wrongful convictions. This insight suggests that reforms to prevent wrongful conviction cannot ignore their perceived or likely impact on conviction rates.