3rd
Edition
Jul 2015 9781849469951 2000pp Hbk RSP: £335
Imprint: Beck/Hart

Jan 2016
9781849466486
136pp Hbk
RSP: £23
This new work by one of the leading commentators on EU criminal law, provides the first detailed overview of the impact of the Lisbon Treaty reforms on the operation and scope of EU criminal law. In it, Valsamis Mitsilegas critcally examines key issues in EU criminal law emerging after the entry into force of the Lisbon Treaty and addresses the implications of recent legislative, judicial and constitutional developments (including the constitutionalisation of the Charter of Fundamental
Rights) for the future of European criminal justice. The monograph focuses in particular on criminalisation post-Lisbon, mutual recognition, trust and defence rights post-Lisbon (including an analysis of recent CJEU rulings such as Melloni and
Radu), and prosecution post-Lisbon (focusing on the future of Eurojust and the
European Public Prosecutor).
Valsamis Mitsilegas is Head of the Department of Law, Professor of European
Criminal Law and Director of the Criminal Justice Centre at Queen Mary, University of London.
Oct 2015
9781849465397
200pp Hbk
RSP: £53
The jury has been criticised as irrational and undemocratic and in recent times has received only lukewarm support from senior members of the English judiciary.
However, trial by jury can have an important legitimating function as a political institution. A ‘right’ to jury trial is however inherently vulnerable: rights discourse encourages the balancing of the jury against the right of the accused to a fair trial.
Such an approach is used to justify the abolition of jury trial in the terrorism context.
Retaining juries in terrorism trials is important not because trial by jury is a ‘right’ but rather because the jury as an institution has a social and political significance, which this book explores.
This book examines a variety of jurisdictions including Australia, Ireland, Israel, New
Zealand, Russia, the UK and the US, drawing on historic and current examples. In doing so it addresses the jury in the state of exception, the terrorism/gang crime interface, the robustness of some jury systems and the vulnerability of others. A non-jury system is also scrutinised for comparison.
Fergal Davis is a Senior Lecturer and ARC Laureate Fellows in Anti-Terror Laws and the Democratic Challenge Project at the Gilbert and Tobin Centre of Public Law,
University of New South Wales.

Sept 2015
9781849465779
348pp Hbk
RSP: £55
This book represents a critical examination of key aspects of crime and criminal justice in Northern Ireland which will have resonance elsewhere. It considers the core aspects of criminal justice policy-making in Northern Ireland which are central to the process of post-conflict transition, including reform of policing, judicial decision-making and correctional services such as probation and prisons. It examines contemporary trends in criminal justice in Northern Ireland as related to various dimensions of crime relating to female offenders, young offenders, sexual and violent offenders, race and criminal justice, community safety and restorative justice. The book also considers the extent to which crime and criminal justice issues in Northern
Ireland are being affected by the broader processes of ‘policy transfer’, globalisation and transnationalism and the extent to which criminal justice in Northern Ireland is divergent from the other jurisdictions in the United Kingdom. Written by leading international authorities in the field, the book offers a snapshot of the cutting edge of critical thinking in criminal justice practice and transitional justice contexts.
Anne-Marie McAlinden is Reader in Law and Clare Dwyer is Lecturer in Law, both at
Queen’s University, Belfast.
Mar 2015
9781849465434
232pp Hbk
RSP: £40
This monograph addresses a contested but under-discussed question in the field of criminal sentencing: should an offender’s remorse affect the sentence he or she receives? Answering this question involves tackling a series of others: is it possible to justify mitigation for remorse within a retributive sentencing framework? Precisely how should remorse enter into the sentencing equation? How should the mitigating weight of remorse interact with other aggravating and mitigating factors? Are there some offence or offender characteristics that preclude remorse-based mitigation?
Remorse is recognised as a legitimate mitigating factor in many sentencing regimes around the world, with powerful effects on sentence severity. Although there has been some discussion of whether this practice can be justified within the literature on sentencing and penal theory, this monograph provides the first comprehensive and in-depth study of possible theoretical justifications. Whilst the emphasis here is on theoretical justification, the monograph also offers analysis of how normative conclusions would play out in the broader context of sentencing decisions and the guidance intended to structure them. The conclusions reached have relevance for sentencing systems around the world.
Hannah Maslen is a Research Fellow in Ethics at the Uehiro Centre for Practical
Ethics, University of Oxford, and a Junior Research Fellow at New College. She is also a James Martin Fellow at the Oxford Martin School.

Oct 2015
9781849465175
172pp Hbk
RSP: £40
What is the difference between sex and sexual violation? This book explores the boundary between these two concepts via a theoretical examination of the values and interests at stake in sexual encounters, combined with empirical research into understandings and interpretations of the distinction between sex and sexual violation. The latter consists of original data from interviews and focus groups conducted with lay people and relevant professionals including specialist police officers and domestic violence support workers. The book uses an innovative methodology, based on ‘empirical ethics’ approaches developed in the field of bioethics, to develop a new framework for distinguishing sex from sexual violation.This new framework is then used to critique the current domestic legal framework, as encapsulated in the Sexual Offences Act 2003, focusing on the question of whether the consent standard satisfactorily distinguishes sex from sexual violation. It then offers some suggestions for legal reform, based on an alternative standard of ‘freedom to negotiate’ in place of consent.
Tanya Palmer is a Lecturer in Law at the University of Sussex.
Jan 2016
9781849465946
368pp Hbk
RSP: £75
Criminal proceedings, theorists and practitioners would generally agree, ought to be conducted with integrity. But what, exactly, does it mean for criminal process to have, or to lack, ‘integrity’? Is integrity in this sense merely an aspirational normative ideal, with possibly diffuse influence on conceptions of professional responsibility? Or is it also a juridical concept with robust institutional purchase and enforceable practical consequences in criminal litigation? The sixteen new essays contained in this collection, written by prominent legal scholars and criminologists from Australia, Hong Kong, the UK and the USA, engage systematically with - and seek to generate further debate about - the theoretical and practical significance of “integrity” at all stages of the criminal process. Reflecting the flexibility and scope of a putative “integrity principle”, the essays range widely over many of the most hotly contested issues in contemporary criminal justice theory, policy and practice, including: the ethics of police investigations and charging practice; prosecutorial independence, policy and operational decision-making; plea bargaining; the ethical obligations of expert witnesses; victims’ rights; criminal procedure and rules of evidence; judicial reasoning; lay participation in criminal adjudication; innocence projects; and state compensation for wrongful convictions.
Jill Hunter is Professor of Law, University of New South Wales.
Paul Roberts is Professor of Criminal Jurisprudence, University of Nottingham and Adjunct Professor, University of New South Wales.
Simon Young is Professor of Law, University of Hong Kong.
David Dixon is Professor of Law and Dean of the Faculty of Law, University of
New South Wales.

Feb 2016
9781841132693
174pp Hbk
RSP: £35
Fascism and
Criminal Law
History, Theory, Continuity
Edited by
Stephen Skinner
Feb 2015
9781849465526
234pp Hbk
RSP: £50
In this book, criminologist Joe Hermer examines how the regulation of begging - underpinned by the social character of charity, contract, money and work - plays a central role in organising how we feel responsible for one another in late capitalist society. Based on the historical insight that modern begging law has had at its core a concern with the compassionate impulses of the public, Joe Hermer develops the concept of the gift encounter to understand begging as a profound social phenomenon that is intricately tied to the exercise of political power. Drawing on a range of eclectic empirical sources, the author examines how criminal begging is governed through specialised police operations and diverted giving programs, as well as the way in which official and legitimate begging such as charity collections,
Big Issue selling, and busking are ordered as vital aspects of the gift encounter landscape which the public negotiates. The author explores how the control of begging and squeegee work is central to a current preoccupation with policing disorder, and reviews the current constitutional state of anti-begging laws in
Britain, Canada and the United States.
Joe Hermer is an Assistant Professor of Sociology and Criminology at the
University of Toronto.
Fascism was one of the twentieth century’s principal political forces, and one of the most violent and problematic. Brutal, repressive and in some cases totalitarian, the fascist and authoritarian regimes of the early twentieth century, in Europe and beyond, sought to create revolutionary new orders that crushed their opponents. A central component of such regimes’ exertion of control was criminal law, a focal point and key instrument of State punitive and repressive power. This collection brings together a range of original essays by international experts in the field to explore questions of criminal law under Italian Fascism and other similar regimes, including Franco’s Spain, Vargas’s Brazil and interwar
Romania and Japan. Addressing issues of substantive criminal law, criminology and ideology, the form and function of criminal justice institutions, and the role and perception of criminal law in processes of transition, the collection casts new light on fascism’s criminal legal history and related questions of theoretical interpretation and historiography. At the heart of the collection is the problematic issue of continuity and similarity among fascist systems and preceding, contemporaneous and subsequent legal orders, an issue that goes to the heart of fascist regimes’ historical identity and the complex relationship between them and the legal orders constructed in their aftermath. The collection thus makes an innovative contribution both to the comparative understanding of fascism, and to critical engagement with the foundations and modalities of criminal law across systems.
Stephen Skinner is a Senior Lecturer in Law at the University of Exeter.

Amy Ludlow
Privatising
Public
Prisons
Labour Law and the Public
Procurement Process
Feb 2015
9781849466547
256pp Hbk
RSP: £40
Successive UK governments have pursued ambitious programmes of private sector competition in public services that they promise will deliver cheaper, higher quality services, but not at the expense of public sector workers. The public procurement rules (most significantly Directive 2004/18/EC) often provide the legal framework within which the Government must deliver on its promises. This book goes behind the operation of these rules and explores their interaction with the
Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE); regulations that were intended to offer workers protection when their employer is restructuring his business. The practical effectiveness of both sources of regulation is critiqued from a social protection perspective by reference to empirical findings from a case study of the competitive tendering exercise for management of HMP
Birmingham that was held by the National Offender Management Service (NOMS) between 2009 and 2011.
Overall, the book challenges the Government’s portrayal of competition policies as self-evident sources of improvement for public services. It highlights the damage that can be caused by competitive processes to social capital and the organisational, cultural and employment strengths of public services. Its main conclusions are that prison privatisation processes are driven by procedure rather than aims and outcomes and that the complexity of the public procurement rules, coupled with inadequate commissioning expertise and organisational planning, can result in the production of contracts that lack aspiration and are insufficiently focused upon improvement or social sustainability. In sum, the book casts doubt upon the desirability and suitability of using competition as a policy mechanism to improve public services.
Amy Ludlow is a College Lecturer and Fellow in Law at Gonville and Caius College,
Cambridge University, where she is also an Affiliated Lecturer at the Faculty of
Law and Institute of Criminology.
Jun 2015
9781849469890
232pp Pbk
RSP: £22.99
nEw in papErback
This book offers a set of essays, old and new, examining the positive obligations of individuals and the state in matters of criminal law. The centrepiece is a new, extended essay on the criminalisation of omissions-examining the duties to act imposed on individuals and organisations by the criminal law, and assessing their moral and social foundations. Alongside this is another new essay on the state’s positive obligations to put in place criminal laws to protect certain individual rights.
Introducing the volume is the author’s much-cited essay on criminalisation, ‘Is the
Criminal Law a Lost Cause?’. The book sets out to shed new light on contemporary arguments about the proper boundaries of the criminal law, not least by exploring the justifications for imposing positive duties (reinforced by the criminal law) on individuals and their relation to the positive obligations of the state.
Andrew Ashworth CBE QC FBA is Vinerian Professor of English Law in the University of Oxford and a Fellow of All Souls College.

Jun 2015
9781849468732
272pp Pbk
RSP: £23.99
nEw in papErback
Praise for the BooK:
“...a cogent, tightly-argued book exploring how the EU has changed its policies to combat terrorism...The overall strength of [the book] is in the describing of the antinomies between rule of law and terrorism and in describing the shift that occurred in the EU toward pre-emption. The second strength is in describing how the EU is not so innocent in terms of how it has confronted terrorism”
David Schultz, Law and Politics Book Review
“...a comprehensive treatise on the European Union’s tightening net of legal instruments aiming to constrain terrorism. The book delves into the necessary legal detail to substantiate its claims and presents the law within its political and philosophical context...an excellent foundational work on the European
Union’s fight against terrorism [which] highlights the need for research into a new normality of permanent counter-terrorist laws”
Christina Eckes, Public Law
“This valuable book brings together a range of difficult materials on EU counterterrorism law, renders them easily digestible with an attractive sureness of touch, and then serves them up to the reader with a consistent scholarly perspective that adds immeasurably to critical understanding. The 31st in Hart’s Modern
Studies in European Law series, the book is a model of the sort of monograph that young scholars seeking to turn their early research into field-leadership should be seeking to do. It is also impressively ahead of its time: coming before the Snowden revelations of quite how far counter-terrorism has been prepared to go, Murphy’s book both prepares us for shocks like this and suggests a way that Europe can (and should) react”
Conor Gearty, Cambridge Law Journal
EU Counter-Terrorism Law: Pre-emption and the Rule of Law is a detailed study of
EU action to combat terrorism since 11 September 2001 and the implications that action has had for the EU legal order. It critically examines EU counter-terrorism measures to ascertain how rule of law principles have been affected in the ‘war on terrorism’. The book opens with a critical examination of the rule of law in the EU legal order. It then provides an overview of the ‘war on terrorism’ before analysing five key facets of EU counter-terrorism: the common European definition of terrorism along with related offences contained in the Framework Decision on Combating Terrorism; the EU’s anti-money laundering and counter-terrorist finance laws; UN and EU targeted asset-freezing sanctions; EU’s data retention measures such as the Data Retention Directive and the Passenger Name Records agreements; and the European Arrest Warrant and European Evidence Warrant.
The book argues that EU counter-terrorism is weakening the rule of law and bypassing safeguards in favour of a system emphasising coercive control over individual freedom.
A new Afterword in this paperback edition, ‘The Limits of Legality’ examines the implications of recent revelations about mass surveillance, as well as the rise of new threats to international peace and security, for the rule of law in the European
Union. It also considers whether the increasing activity of the Court of Justice can provide greater protection for individuals in the face of new executive action in the ‘wars on terror’.
Cian C Murphy is Senior Lecturer in Law at King’s College London and Faculty Co-
Director of the Center for Transnational Legal Studies.

Nov 2015
9781849468046
320pp Hbk
RSP: £60
Nov 2015
9781841138138
272pp Pbk
RSP: £45
2nd
Edition
Since the publication of the extremely well regarded first edition of this title, the legal regime which forms the basis for INTERPOL has undergone significant change. In addition, there has been an explosive growth of litigation before the
Commission for Control of INTERPOL’s Files. Moreover, as INTERPOL continues to increase its effectiveness, instances of abuse and also lack of understanding about INTERPOL has prompted both criticism and calls for reform. This timely new edition provides a complete update of the rules regulating INTERPOL and of the ‘case law’ of the Commission for Control of INTERPOL’s Files. In addition, it provides additional examination of:
- the procedure for handling claims against INTERPOL;
- the remedies available in the case of complaints;
- the interpretation of the various rules affecting individuals; and
- the differing roles of the General Secretariat and the Commission in dealing with inquiries and/or complaints by individuals.
Retaining the clarity of expression and expert analysis that were hallmarks of the first edition, this book is required reading for practitioners and scholars alike.
Rutsel Silvestre J Martha is a former General Counsel and Director of Legal Affairs of INTERPOL. He is currently the General Counsel and Director of Legal Affairs of the International Fund for Agricultural Development.
At the transnational level, a variety of private policing forms have emerged to protect new sites of private authority within global governance, as well as to assume security responsibilities that were previously the sole preserve of state agents. Operating across the world’s most hostile regions, the transnational security consultancy industry provides a compelling example of this phenomenon. From
Colombia to Iraq, leading firms deploy a wide range of specialised security services to protect client interests in high-risk environments. In this detailed examination and theorisation of transnational security consultancy, Conor O’Reilly presents a timely critique of an industry that is well-placed to harness contemporary global security anxieties. Mass casualty terrorist attacks such as 9/11, corporate scandals such as
Enron, ongoing conflicts in Afghanistan and Iraq and the insecurity surrounding pandemics have all lent further impetus to the transnational ascendancy of leading security consultancy firms. Through in-depth examination of the expanding transnational policing remit of leading firms, this book provides novel insights into transnational security governance and promotes a more nuanced appreciation of the transnational commercial security field. By proposing the concept of state-corporate symbiosis, it further examines the role of transnational security consultancy firms in the pursuit of mutually beneficial objectives across the statecorporate security nexus, as well as across borders.
Conor O’Reilly is Assistant Professor at the University of Porto.

Aug 2015
9781849469685
414pp Pbk
RSP: £23.99
nEw in papErback
This collection of essays provides a comprehensive assessment of the legal and policy approaches to maritime counter-piracy adopted by the EU and other international actorsover the last few years.
This book adopts a holistic approach to the topic, examining approaches to piracy as these emerge in different geographical areas, as well as tackling the central issues which counter-piracy raises in terms of the most topical aspects of international law (international humanitarian law and armed conflict, piracy and terrorism, use of force). It also focuses on the approach of the EU, placing counter-piracy in its broader legal context. Providing a detailed doctrinal exploration of the issues which counter-piracy raises, it emphasises and draws upon the insights of the practice of counter-piracy by bringing together academic lawyers and the legal advisers of the main actors in the area (EU, US, NATO, UK).
The book will be of interest to legal scholars, political scientists and international relations theorists, as well as decision makers and students of law, politics and international relations.
Panos Koutrakos is Professor of European Union Law at City University London.
Achilles Skordas is Professor of International Law at the University of Bristol.
Jun 2015
9781849469142
540pp Pbk
RSP: £40
nEw in papErback
The purpose of this book is to find a unified approach to the doctrine of mens rea in the sphere of international criminal law, based on an in-depth comparative analysis of different legal systems and the jurisprudence of international criminal tribunals since Nuremberg. Part I examines the concept of mens rea in common and continental legal systems, as well as its counterpart in Islamic Shari’a law.
Part II looks at the jurisprudence of the post-Second World War trials, the work of the International Law Commission and the concept of genocidal intent in light of the travaux préparatoires of the 1948 Genocide Convention. Further chapters are devoted to a discussion of the boundaries of mens rea in the jurisprudence of the
International Criminal Tribunals for the former Yugoslavia and Rwanda. The final chapter examines the definition of the mental element as provided for in Article
30 of the Statute of the International Criminal Court in light of the recent decisions delivered by the International Criminal Court.
Mohamed Elewa Badar is a Reader in Comparative and International Criminal Law
& Islamic Law at Northumbria University. From 1997-2006 he served as a judge and senior prosecutor for the Egyptian Ministry of Justice.

C I V I L J U S T I C E S Y S T E M S
Law and
Corporate
Behaviour
Integrating Theories of Regulation,
Enforcement, Compliance and Ethics
Christopher Hodges
CH Beck - Hart - Nomos
Sept 2015
9781849466530
700pp Hbk
RSP: £80
The purpose of this book is to examine the theories and practice of how to control corporate behaviour through legal techniques. The principal theories examined are deterrence, (especially economic analysis), the findings of empirical research on responsive regulatory systems, and the findings of behavioural psychology research.
Leading examples of the various approaches are given in order to illustrate the models: private enforcement of law through litigation in the USA, public enforcement of competition law by the European Commission, and the recent reform of policies on public enforcement of regulatory law in the United Kingdom. Noting that behavioural psychology has as yet had only limited application in legal and regulatory theory, the book then analyses various European regulatory structures where behavioural techniques can be seen or could be applied. The book concludes by proposing an holistic model for maximising compliance within large organisations, combining public regulatory and criminal controls with internal corporate systems and external influences by stakeholders, held together by a unified core of ethical principles.
Christopher Hodges is Head of the CMS Research Programme on Civil Justice Systems at the Centre for Socio-Legal Studies, University of Oxford and Erasmus Professor of the Fundamentals of Private Law, Erasmus University.
Dec 2015
9781849465168
224pp Hbk
RSP: £50
When faced with those who act with impunity, we seek the protection of law. We rely upon the legal system for justice, from international human rights law that establishes common standards of protection, to international criminal law that spearheads efforts to end impunity for the most heinous atrocities. While legal processes are perceived to combat impunity, and despite the ready availability of the law, accountability often remains elusive. What if the law itself enables impunity?
Law’s Impunity asks this question in the context of the modern Private Military
Company (PMC), examining the relationship between law and the concepts of responsibility and impunity. This book proposes that ordinary legal processes do not neutralise, but rather legalise impunity. This radical idea is applied to the abysmal record of human rights violations perpetrated by the modern PMC and the shocking absence of accountability. This book demonstrates how the law organises, rather than overcomes, impunity by detailing how the modern PMC exploits ordinary legal processes to systematically exclude itself from legal responsibility. Thus, Law’s
Impunity offers an alternative to conventional thinking about the law, providing an innovative approach to assess and refine the rigour of legal processes in the ongoing quest to end impunity.
Hin-Yan Liu is Research Fellow in the Academy of European Law at the European
University Institute and Professor of International Human Rights at NYU Florence.

Nov 2015
9781849467063
242pp Hbk
RSP: £70
It has become almost accepted knowledge within international policy circles that efforts against drug trafficking and drug abuse violate human rights, and that the entire international drug control regime needs to be changed (or even discarded altogether) to adopt a more ‘rights respecting’ approach. Though this view has been promoted by many prominent figures and organisations, the author of this book uses his expertise in both human rights and drug control to show that the arguments advanced in this area do not stand close scrutiny. The arguments are in fact based on selective and questionable interpretations of international human rights standards, and on a general notion - more and more clearly stated - that there is a human right to take drugs, and that any effort to combat drug abuse by definition violates this right. There is no such right in international law, and the author objects to the misuse of human rights language as a marketing tool to bring about a ‘back door’ legalisation of drugs. Human rights issues must be addressed, but that in no way means that the international drug control regime must be discarded, or that efforts against drugs must be stopped.
Saul Takahashi is Deputy Head of Office, Office of the United Nations High
Commissioner for Human Rights in the Occupied Palestinian Territory.
Sept 2014
9781849465502
254pp Hbk
RSP: £60
The Article 6 fair trial rights are the most heavily-litigated Convention rights before the European Court of Human Rights, generating a large and complex body of case law. With this book, Goss provides an innovative and critical analysis of the
European Court’s Article 6 case law.
The category of ‘fair trial rights’ includes many component rights. The existing literature tends to chart the law with respect to each of these component rights, one by one. This traditional approach is useful, but it risks artificially isolating the case law in a series of watertight compartments.
This book takes a complementary but different approach. Instead of analysing the component rights one by one, it takes a critical look at the case law through a number of ‘cross-cutting’ problems and themes common to all or many of the component rights. For example: how does the Court view its role in Article 6 cases? When will the Court recognise an implied right in Article 6? How does the
Court assess Article 6 infringements, and when will the public interest justify an infringement?
The book’s case-law-driven approach allows Goss to demonstrate that the
European Court’s criminal fair trial rights jurisprudence is marked by considerable uncertainty, inconsistency, and incoherence.
Ryan Goss is Lecturer in Law at the Australian National University, Canberra, and was formerly Junior Research Fellow in Law at Lincoln College, Oxford.

Sept 2014
9781849465373
756pp Hbk
RSP: £65
This is a comprehensive guide to challenging decisions of criminal courts and public bodies in the criminal justice system using judicial review. Written by a team of criminal and public law practitioners, it considers claims for judicial review arising in the criminal justice system, which now represent a distinct area of public law. These claims are set apart by special considerations and rules; for example, on the limits of the High Court’s jurisdiction or the availability of relief during ongoing proceedings.
Criminal practitioners may lack the background to spot public law points. Equally, public law specialists may be unfamiliar with criminal law and types of issues that arise. Criminal Judicial Review is intended as a resource for both.
The book deals with the principles, case law, remedies and, the practice and procedure for obtaining legal aid and costs. It will be of assistance to any practitioner preparing or responding to judicial review claims involving the following:
- The Police and the Crown Prosecution Service
- Magistrates’ courts, the Crown Court and Coroners
- Prisons and the Parole Board
- Statutory bodies such as the Independent Police Complaints Commission and the Legal Aid Agency
- Claimants who are children, young persons or have mental disorders
- The international dimension including extradition proceedings and European
Union law
- Practical considerations such as CPR Part 54, remedies, legal aid and costs
Piers von Berg is a Barrister at 36 Bedford Row.
Dec 2015
9781849466509
476pp Hbk
RSP: £78
The EU is strengthening its grip on national criminal law in its fight against corporate crime, and the punishment of corporations features prominently among its concerns. However its current efforts to approximate Member States’ criminal laws are weakened by the diversity of national sentencing rules and a thorough analysis of corporate sentencing is lacking both at the level of the EU and in most national systems.
In this important book Vanessa Franssen provides, for the first time, a comprehensive account of the principles governing corporate sentencing in EU law, drawing on comparative scholarship of Member State legal systems as well as EU law, and makes practical suggestions for corporate sentencing goals that should be pursued by the EU. Thebook addresses academics, judges, practising lawyers, civil servants and anyone who wants to learn more about this fascinating topic of EU law.
Vanessa Franssen is an Assistant Professor at the Institute of Criminal Law, KU
Leuven.

Jan 2015
9781849464741
252pp Hbk
RSP: £65
Aug 2014
9781849465144
406pp Hbk
RSP: £50
The book consists of the keynote papers delivered at the 2012 WG Hart Workshop on Globalisation, Criminal Law and Criminal Justice organised by the Queen
Mary Criminal Justice Centre. The volume addresses, from a cross-disciplinary perspective, the multifarious relationship between globalisation on the one hand, and criminal law and justice on the other hand. At a time when economic, political and cultural systems across different jurisdictions are increasingly becoming or are perceived to be parts of a coherent global whole, it appears that the study of crime and criminal justice policies and practices can no longer be restricted within the boundaries of individual nation-states or even particular transnational regions.
But in which specific fields, to what extent, and in what ways does globalisation influence crime and criminal justice in disparate jurisdictions? Which are the factors that facilitate or prevent such influence at a domestic and/or regional level? And how does or should scholarly inquiry explore these themes? These are all key questions which are addressed by the contributors to the volume. In addition to contributions focusing on theoretical and comparative dimensions of globalisation in criminal law and justice, the volume includes sections focusing on the role of evidence in the development of criminal justice policy, the development of
European criminal law and its relationship with national and transnational legal orders, and the influence of globalisation on the interplay between criminal and administrative law.
Valsamis Mitsilegas is Head of the Law Department and Peter Alldridge is Draper’s
Professor of Law, both at Queen Mary, University of London.
Leonidas Cheliotis is Assistant Professor of Criminology at the LSE.
This book celebrates Andreas (Andrew) von Hirsch’s pioneering contributions to liberal criminal theory. He is particularly noted for reinvigorating desert-based theories of punishment, for his development of principled normative constraints on the enactment of criminal laws, and for helping to bridge the gap between
Anglo-American and German criminal law scholarship. Underpinning his work is a deep commitment to a liberal vision of the state. This collection brings together a distinguished group of international authors, who pay tribute to von Hirsch by engaging with topics on which he himself has focused. The essays range across sentencing theory, questions of criminalisation, and the relation between criminal law and the authority of the state. Together, they articulate and defend the ideal of a liberal criminal justice system, and present a fitting accolade to Andreas von
Hirsch’s scholarly life.
A P Simester is Professor of Law at the National University of Singapore.
Antje du Bois-Pedain is a University Senior Lecturer at the University of Cambridge.
Ulfrid Neumann is Professor at the Goethe-University in Frankfurt.

Jul 2014
9781849466998
258pp Pbk
RSP: £22.50
nEw in papErback
When should we make use of the criminal law? Crimes, Harms, and Wrongs offers a philosophical analysis of the nature and ethical limits of criminalisation. The authors explore the scope of harm-based prohibitions, proscriptions of offensive behaviour, and ‘paternalistic’ prohibitions aimed at preventing self-harm, developing guiding principles for these various grounds of state prohibition. Both authors have written extensively in the field. They have produced an integrated, accessible, philosophically-sophisticated account that will be of great interest to legal academics, philosophers, and advanced students alike.
A P Simester is Professor of Law and Provost’s Chair at the National University of Singapore.
Andreas von Hirsch is Honorary Professor at the Law Faculty, Goethe-University
Frankfurt, and Emeritus Honorary Professor of Penal Theory and Penal Law at the University of Cambridge.
Jul 2014
9781849466844
268pp Pbk
RSP: £18
nEw in papErback
This latest volume in the Penal Theory and Penal Ethics series addresses one of the oldestquestions in the field of criminal sentencing: should an offender’s previous convictions affect the sentence? Although there is an extensive literature on the definition and use of criminal history information, the emphasis here is on the theoretical and normative aspects of considering previous convictions at sentencing. Several authors explore the theory underlying the practice of mitigating the punishments for first offenders, while others put forth arguments for enhancing sentences for recidivists.
This collection is welcome as it offers insights into the problems facing sentencers and penologists in taking past convictions into account,The editors and contributors tackle a particularly thorny issue in this elegant 256-page text:
Should an offender’
Julian V Roberts is Professor of Criminology at the University of Oxford and a
Fellow of Worcester College.
Andrew von Hirsch is Honorary Professor of Penal Theory and Penal Law at the
University of Cambridge and an Honorary Fellow of Wolfson College.

May 2014
9781849464550
250pp Hbk
RSP: £60
International criminal law lacks a coherent account of individual responsibility.
This failure is due to the inability of international tribunals to capture the distinctive nature of individual responsibility for crimes that are collective by their very nature. Specifically, they have misunderstood the nature of the collective action or framework that makes these crimes possible, and for which liability may be attributed to intellectual authors, policy makers and leaders. In this book, the author draws on insights from comparative law and methodology to propose doctrines of perpetration and secondary responsibility that reflect the role and function of high-level participants in mass atrocity, while simultaneously situating them within the political and social climate which renders these crimes possible.
This new doctrine is developed through a novel approach which combines and restructures divergent theoretical perspectives on attribution of responsibility in English and German domestic criminal law, as major representatives of the common law and civil law systems. At the same time, it analyses existing theories of responsibility in international criminal law and assesses whether there is any justification for their retention by international criminal tribunals.
Neha Jain is an Associate Professor at the University of Minnesota Law School.
Jul 2014
9781849466837
396pp Pbk
RSP: £20
nEw in papErback
Praise for the BooK:
“...the book is a must read. It presents a series of state of the art chapters on various subjects that are critical in criminology. The chapters are deeply rooted in the patrimony of criminological literature [and] offer an excellent balance of theoretical reflection and empirical work; the empirical methodology ranges from insightful qualitative observation, even introspective reflection, to clever quantitative measuring and sophisticated statistics”
Lode Walgrave, Criminology and Criminal Justice
This volume brings together leading criminologists and sociologists from across the world in a much needed conversation about how to re-calibrate reason and emotion in crime and justice today. The contributions range from the microanalysis of emotions in violent encounters to the paradoxes and tensions that arise from the emotionalisation of criminal justice in the public sphere.
They explore the emotional labour in police and penal institutions, the justice experiences of victims and offenders, and the role of vengeance, forgiveness and regret. This set of original essays offers a fresh and timely perspective on problems of crime and justice in contemporary liberal democracies.
Susanne Karstedt is Professor of Criminology and Criminal Justice at the Centre for Criminal Justice Studies, School of Law, University of Leeds.
Ian Loader is Professor of Criminology at the University of Oxford and a Fellow of All Souls College.
Heather Strang is Director of Research at the Institute of Criminology, University of Cambridge.

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