Skip to main content

Research Repository

Advanced Search

Germany (2023)
Book Chapter
Bohlander, M. (2023). Germany. In M. Bohlander, G. Kemp, & M. Webster (Eds.), Public Health Crisis Management and Criminal Liability of Governments - A Comparative Study of the Covid-19 Pandemic. Hart/Bloomsbury

Law, Language and the Power of "Invisible Threats" of Violence Against Women (2023)
Journal Article
Turner, C., & Swaine, A. (2023). Law, Language and the Power of "Invisible Threats" of Violence Against Women. Journal of Law and Society, https://doi.org/10.1111/jols.12442

Violence, and the threat of violence against women, is a pervasive feature of women’s lives. From high profile threats in politics, to everyday harms such as domestic abuse, violence, threat and intimidation control women’s behaviour and silence thei... Read More about Law, Language and the Power of "Invisible Threats" of Violence Against Women.

Transitional Justice: An Interdisciplinary Landscape? (2023)
Book Chapter
Turner, C., & Davidovic, M. (2023). Transitional Justice: An Interdisciplinary Landscape?. In C. Lawther, & L. Moffet (Eds.), Research Handbook on Transitional Justice (26-43). (2nd edn.). Edward Elgar Publishing. https://doi.org/10.4337/9781802202519.00011

This chapter offers an introductory mapping of the ways in which scholarship in the humanities and social sciences has engaged with the foundational concepts of transitional justice. Whereas the field of transitional justice emerged from the discipli... Read More about Transitional Justice: An Interdisciplinary Landscape?.

Public Health Crisis Management and Criminal Liability of Governments - A Comparative Study of the Covid-19 Pandemic (2023)
Book
Bohlander, M., Kemp, G., & Webster, M. (Eds.). (2023). Public Health Crisis Management and Criminal Liability of Governments - A Comparative Study of the Covid-19 Pandemic. Hart/Bloomsbury

This book addresses potential avenues of criminal liability for public health crisis management in the context of the COVID-19 pandemic, under national and international criminal law, especially for causing death and bodily harm. The national case st... Read More about Public Health Crisis Management and Criminal Liability of Governments - A Comparative Study of the Covid-19 Pandemic.

Aligning Participation and Protection in the Women Peace and Security Agenda (2023)
Journal Article
Turner, C., & Swaine, A. (2023). Aligning Participation and Protection in the Women Peace and Security Agenda. International and Comparative Law Quarterly, 72(2), 477-508. https://doi.org/10.1017/s002058932300009x

This article presents the first feminist doctrinal textual analysis of cross-pillar synergies within thematic resolutions of the UN Security Council. Specifically, it examines the pillars of ‘participation’ and ‘protection’ under the women, peace and... Read More about Aligning Participation and Protection in the Women Peace and Security Agenda.

Why Should Guilty Pleas Matter? (2023)
Book Chapter
Brooks, T. (2023). Why Should Guilty Pleas Matter?. In J. V. Roberts, & J. Ryberg (Eds.), Sentencing the Self-Convicted: The Ethics of Pleading Guilty. Hart Publishing

Most offenders plead guilty without a trial. Their guilty plea typically earns a reduced punishment. It raises the issue of why should guilty pleas matter. This chapter considers the use of plea bargaining in the United States and guilty plea discoun... Read More about Why Should Guilty Pleas Matter?.

The Intrinsic Value of Registered Partnerships and Marriage for Same-sex Couples, their Recognition Domestically and at the Strasbourg Court (2023)
Book Chapter
Fenwick, H., & Hayward, A. (2023). The Intrinsic Value of Registered Partnerships and Marriage for Same-sex Couples, their Recognition Domestically and at the Strasbourg Court. In P. Behrens, & S. Becker (Eds.), Justice After Stonewall: LGBT Life between Challenge and Change. Routledge. https://doi.org/10.4324/9781003286295-13

Only a minority of jurisdictions currently permit same-sex marriage – among them, England and Wales (from 2013), Scotland (from 2014) and Northern Ireland (from 2020). This chapter explores the drive towards marriage equality from a domestic perspect... Read More about The Intrinsic Value of Registered Partnerships and Marriage for Same-sex Couples, their Recognition Domestically and at the Strasbourg Court.

Punitive Restoration (2023)
Book Chapter
Brooks, T. (2023). Punitive Restoration. In M. C. Altman (Ed.), Palgrave Handbook on the Philosophy of Punishment (639-656). Palgrave Macmillan. https://doi.org/10.1007/978-3-031-11874-6_29

Restorative justice is highly promising as an effective approach to better support victims, reduce reoffending, and lower costs. The challenge it faces is a dual hurdle of limited applicability and lack of public confidence. The issue is how we might... Read More about Punitive Restoration.

Exploring narratives about 'cancel culture' in UK educational/employment settings under the ECHR (2022)
Book Chapter
Fenwick, H. (2022). Exploring narratives about 'cancel culture' in UK educational/employment settings under the ECHR. In P. Czech, L. Heschl, K. Lukas, M. Nowak, & G. Oberleitner (Eds.), European Yearbook on Human Rights 2022 (309-344). Cambridge University Press. https://doi.org/10.1017/9781839703447.012

Some advocates of free speech are currently arguing that universities and other organisations are far too prompt to accept curbs on expression or expressive acts in relation to issues such as transgender rights, racism, feminism, religious extremism.... Read More about Exploring narratives about 'cancel culture' in UK educational/employment settings under the ECHR.

Protecting private information in the digital era: making the most effective use of the availability of the actions under the GDPR/DPA and the tort of misuse of private information (2022)
Journal Article
Brimblecombe, F., & Fenwick, H. (2022). Protecting private information in the digital era: making the most effective use of the availability of the actions under the GDPR/DPA and the tort of misuse of private information. Northern Ireland Legal Quarterly, 73(1), 26-73. https://doi.org/10.53386/nilq.v73i1.999

Globally, enhanced data protection schemes are being introduced in the face of threats to privacy in the digital era. In England and Wales protection from one such threat – from unconsented-to disclosures of private information online - is covered by... Read More about Protecting private information in the digital era: making the most effective use of the availability of the actions under the GDPR/DPA and the tort of misuse of private information.

Cruel and Unusual Punishment (2022)
Book Chapter
Brooks, T. (in press). Cruel and Unusual Punishment. In J. Ryberg (Ed.), The Oxford Handbook of Punishment Theory and Philosophy. Oxford University Press

Moving in a State of Fear: Ambiguity, Gendered Temporality and the Phenomenology of Anticipating Violence (2022)
Journal Article
Twemlow, J., Turner, C., & Swaine, A. (2022). Moving in a State of Fear: Ambiguity, Gendered Temporality and the Phenomenology of Anticipating Violence. Australian Feminist Law Journal, 48(1), 87-111. https://doi.org/10.1080/13200968.2022.2138185

This article adopts a feminist phenomenological method to flesh out the way in which gendered norms position the experience of anticipating violence. While women’s everyday lives are frequently polluted with an atmosphere laden with potential threats... Read More about Moving in a State of Fear: Ambiguity, Gendered Temporality and the Phenomenology of Anticipating Violence.

Property and Commons: The tangible and the intangible (2022)
Book Chapter
Jones, H., & Gerrard, C. (2023). Property and Commons: The tangible and the intangible. In N. Graham, M. Davies, & L. Godden (Eds.), The Routledge Handbook of Property, Law and Society (349-361). Routledge. https://doi.org/10.4324/9781003139614

In this chapter we review the commons in law and in practice in a British context, taking the long historical perspective. We set the scene with some modern legal definitions, then explore what ancient common land meant in practice. The commons is a... Read More about Property and Commons: The tangible and the intangible.

International Law and the Securitisation of Peacemaking: On Chapter VII, the Security Council and the Mediation Mandate in Yemen (2022)
Journal Article
Turner, C. (2023). International Law and the Securitisation of Peacemaking: On Chapter VII, the Security Council and the Mediation Mandate in Yemen. Journal of Conflict & Security Law, 28(1), 161-186. https://doi.org/10.1093/jcsl/krac031

Peace mediation as a form of peaceful settlement of disputes has evolved significantly in the past 20 years, moving away from an informal process between parties towards a more structured undertaking rooted in norms and values of international law. S... Read More about International Law and the Securitisation of Peacemaking: On Chapter VII, the Security Council and the Mediation Mandate in Yemen.