Law and Criminology (R0)

This book uses humanity-rationality and experience and the freedom of human will as a theoretical perspective to examine the basic framework of criminal law theories constructed by the criminal classic school and the criminal empirical school. The author puts forward the principle of the duality of rationality and experience of humanity and affirms the determinism of human behavior in the ontological sense and the freedom of will in the axiological sense. From this point of view, this book examines the humanistic foundations of crime and punishment, legislation and justice.

This longitudinal study is based on the story of Lola, who was gang raped during the war in Bosnia and Herzegovina in 1992.  At the time, she was in a detention camp with her young children. Only one of Lola’s several perpetrators was convicted but his sentence of six years of imprisonment has never been actioned by the Bosnian judiciary. Lola’s rapist is still free and she lives in continual fear that he will retaliate against her and her children for her role in his trial.

This book has been shortlisted for the Australian Legal Research Awards 2024.

The war in Ukraine is fast approaching its second anniversary since its commencement on 24 February 2022 as a blatant aggression by Russia. As we discuss in detail in this book, there are multiple international legal issues that arise and require addressing. What is more, the very international legal order is under threat, insofar as the fundamental international law obligations are not being complied with and the basic international rules are utterly ignored. This book discusses a number of international law issues arising from the war in Ukraine. It covers not only the traditional subjects of war, such as jus ad bellum, international criminal law, and the law of neutrality, but also the relatively new issues arising from the economic sanctions against Russia, including aspects of the WTO law and international investment law. This book provides the readers with opportunities to reconsider the various legal aspects of the war in Ukraine.

This book summarises the latest findings of Australian and international crime prevention researchers and suggests how future policies based upon their evidence could and should be better shaped and employed by policymakers. Governments all over the world are constantly endeavouring to make their communities safer and the lives of their citizens less fearful. For decades now, criminological researchers, challenged to assist in this task, have been asking: “What is working to reduce crime?” “What could work better in preventing crime before it erupts?” “What have we not tried, but could try in the field of crime control?” Pleasingly, the research outputs on this subject are voluminous and growing. They regularly inform policymaking in productive ways. This, in turn, has led and continues to lead to good crime prevention outcomes, but a lot more could be done. The author sets out twelve key priorities, designed to reduce victimisation, and tackle street crime and white-collar crime especially, each of them based upon a social justice framework. These priorities draw upon his extensive writings on the topic of law and criminology over the past forty years. There is, he concludes, far more value in tackling the societal factors that allow crime to emerge, grow and persist than applying a strict application of the criminal law and the justice system that feeds upon it.

This open access book explores the rise of ecological jurisprudence, a transformative legal theory that challenges traditional legal boundaries. Drawing on over 15 years of research and teaching, the book offers a comprehensive theoretical exploration of this new approach to law, via a comprehensive examination of a wide range of initiatives from around the world, as well as a deep theoretical engagement with the implications of this novel legal theory.  

Covering a breadth of topics never before brought together with such clear and wide-ranging scope, this book points to the emergence of an ecological jurisprudence not only as a profound transformation of legal norms, but as a radical reimagination of law itself, and serves as a vital resource for scholars and practitioners interested in the future of environmental law

Along with Stone’s Do Trees Have Standing? (1972), Cullinan’s Wild Law (2002), and the Ecuadorian Constitution (2008), we can now name Pelizzon’s Ecological Jurisprudence as a key milestone in the field. (Herman F. Greene, JD, DMin, Thomas Berry Scholar-in-Residence, The Earth Law Center)

An immense gift to the field and to generations of lawyers to come, Ecological Jurisprudence contains teachings from which one could learn for a lifetime. (Katarina Hovden, University of Copenhagen)

Alessandro Pelizzon's Ecological Jurisprudence is deeply-rooted in how the law can best serve the natural world, inspiring future lawyers with the kind of jurisprudence the natural world so urgently needs to exist. (Maria Mercedes Sánchez, Former Coordinator of the United Nations Harmony with Nature Programme)

Pelizzon coins the term ‘ecological jurisprudence’ and mobilises it to create deep normative foundations for future environmental law developments. Any serious environmental scholar will have to engage with him because of the breadth and depth of what he achieves in this book. (Professor Afshin Akhtar-Khavari, QUT)

This book is about the making of intellectual property law in Vietnam across colonial and socialist space and time from 1864 to 1994. It provides a completely new, provoking narrative, disproving previously published scholarship which claimed that there was no intellectual property law in Vietnam during the colonial and socialist periods. In doing so, the book engages with an emerging field of historiographical inquiry into the intellectual property law history in Vietnam and worldwide, which investigates how and why the scholarship about the history of intellectual property law has been construed and framed as such within a specific period and space. This book is comprised of three knowledge components. The first involves the reconstruction of the lost intellectual property law from 1864 to 1994 in Vietnam doctrinally. Relying on newly discovered archives in Vietnam and worldwide, it unravels a corpus of statutory and regulatory provisions and interesting, at times contradictory, juridical decisions that governed and interpreted copyright, patent, and trademark. The second is the historiographical inquiry of the making of the intellectual property law history scholarship in Vietnam. This will answer the questions of how and why the particular histories had been construed and framed as such at a particular time. This involves the debate about sociopolitical ideologies underlying the meaning and application of the laws, most notably colonialism and socialism. Finally, the third engages with the theory of legal transplantation. It addresses a hypothetical question of colonial laboratory as a form of legal transplantation: a new concept that this book offers to the global scholarship. It demonstrates that the colonial empire had tried to use Vietnam as a laboratory for its legal reform and then transplanted the successful and feasible results back to the empire. This book explains the distinctively ideological principles underlying the understanding and application of the law.

This book mainly adopts the theoretical analysis approach for the argument regarding issues in criminal law. As one of the most influential scholars in criminal law research in China, with his profound knowledge and experiences in criminal law research, the author Professor Mingkai Zhang, has made in-depth argument demonstrating matters in the field, covering the basis of illegality and culpability, the prior act of criminal omission, the illustration of Lehre Vonder Objektive Zurechnung (causation and results imputation), behavioral utilitarianism, defense by accident, risk assumption, specific method errors, anticipated possibility, discontinuation of crime, joint crimes, and concurrence. In this way, the book makes an effort in building critical and distinguished theses of the aforementioned domains. Legal scholars who do research concerning criminal law, law school students who have some previous understanding of criminal law, practitioners who seek for further academic support can find it's beneficial to read the book since the utmost and latest theoretical results of criminal law research in current China are provided here. To be mentioned, the most outstanding features of this book are its theory-orientated argumentation and critical-characterized thinking logics, based on such efforts and on the literature references linking to the pioneers in other civil law countries, audience can be better equipped with the comprehension on criminal law issues.