Category Archives: Law

When Soldiers Say No: Selective Conscientious Objection in the Modern Military

“adds considerably to the literature by bringing together a range of perspectives on the merits of selective conscientious objection, as well as consideration of its application (or lack thereof) in a number of states. Its interdisciplinary nature is particularly attractive.”

Gary Wilson, Senior Lecturer in Law at Liverpool John Moores University, has reviewed When Soldiers Say No for the LSE Review of Books. You can read his full review here.

Shannon E. French, Case Western Reserve University:

‘We expect members of the military to accept civilian authority and not determine foreign policy. But what if a nation commits its troops to an unjust war? Are they then morally obligated to refuse to fight? This is a question with potentially devastating real-world consequences that should concern every citizen. Whetham, Robinson, and Ellner have produced a brilliant, provocative volume that examines the issue of selective conscientious objection from many perspectives and across several cultures to provide a balanced array of arguments from which readers can derive their own conclusions.’

David Rodin, University of Oxford:

‘The issue of selective conscientious objection is where the rubber really hits the road for recent debates about the moral status of soldiers. The real achievement of this fine volume is to connect the theoretical debate with the concrete policy challenges faced by military and government – and to substantially advance both. Essential reading for anyone working on the ethics of war.’

When soldiers say noTraditionally few people challenged the distinction between absolute and selective conscientious objection by those being asked to carry out military duties. The former is an objection to fighting all wars – a position generally respected and accommodated by democratic states, while the latter is an objection to a specific war or conflict – theoretically and practically a much harder idea to accept and embrace for military institutions.

However, a decade of conflict not clearly aligned to vital national interests combined with recent acts of selective conscientious objection by members of the military have led some to reappraise the situation and argue that selective conscientious objection ought to be legally recognised and permitted. Political, social and philosophical factors lie behind this new interest, which together mean that the time is ripe for a fresh and thorough evaluation of the topic.

This book brings together arguments for and against selective conscientious objection, as well as case studies examining how different countries deal with those who claim the status of selective conscientious objectors. As such, it sheds new light on a topic of increasing importance to those concerned with military ethics and public policy, within military institutions, government, and academia.

When Soldiers Say No is edited by Andrea Ellner, Defence Studies Department, King’s College London, Paul Robinson, professor in the Graduate School of Public and International Affairs, the University of Ottawa, and David Whetham, Senior Lecturer in Defence Studies, King’s College London, based at the Joint Services Command and Staff College at the UK Defence Academy.

Contents:

Foreword, Jeff McMahan

Introduction, Andrea Ellner, Paul Robinson and David Whetham

Part I Arguments For and Against Accepting Selective Conscientious Objection:

The duty of diligence: knowledge, responsibility, and selective conscientious objection, Brian Imiola

There is no real moral obligation to obey orders: escaping from ‘low cost deontology’, Emmanuel R. Goffi

Selective conscientious objection: a violation of the social contract, Melissa Bergeron

Who guards the guards? The importance of civilian control of the military, David Fisher

An empirical defense of combat moral equality, Michael Skerker

Selective conscientious objection and the just society, Dan Zupan

Part II Case Studies in Selective Conscientious Objection:

Selective conscientious objection in Australia, Stephen Coleman and Nikki Coleman (with Richard Adams)

Conscientious objection to military service in Britain, Stephen Deakin

Selective conscientious objection: philosophical and conceptual doubts in light of Israeli case law, Yossi Nehushtan

Claims for refugee protection in Canada by selective objectors: an evolving jurisprudence, Yves Le Bouthillier

Conscience in lieu of obedience: cases of selective conscientious objection in the German Bundeswehr, Jürgen Rose

Part III Conclusions:

Selective conscientious objection: some guidelines for implementation, J. Carl Ficarrotta

War resisters in the US and Britain – supporting the case for a right to selective conscientious objection?, Andrea Ellner

The practice and philosophy of selective conscientious objection, Andrea Ellner, Paul Robinson and David Whetham

Ashgate Author, Roger Cotterrell, Awarded the Socio-Legal Studies Association (SLSA) 2013 Prize for Contributions to the Socio-Legal Community

The Socio-Legal Studies Association (SLSA) was formed in 1990, established as a result of the Socio-Legal Group’s annual meeting (now a conference) for socio-legal scholars to gather and circulate their work.  The conference, however, is not the SLSA’s only annual occurrence.  They also facilitate three annual awards, one of which is the SLSA Prize for Contributions to the Socio-Legal Community.  It is this prize we are pleased to announce that Ashgate author, Roger Cotterrell, of Law, Culture and Society (among several others) has been awarded.

Cotterell is formally trained in both law and sociology from the University of London and has been an academician for some time.  He’s been an Anniversary Professor of Legal Theory at School of Law, Queen Mary, University of London since 2005—which was the same year he was elected as a Fellow of the British Academy. This honor is given only to a select few law professors and is considered the highest recognition for scholars in the UK.  This alone illustrates the importance of Cotterrell’s work to the field.

However, prior to this most recent appointment as Anniverary Professor, Cotterrell served in various other capacities, including the Acting Head and Head of the College’s Department of Law (1989–1991), Dean of the Faculty of Laws (1993–1996), and Professor of Legal Theory (1990–2005).  And, before joining the Queen Mary faculty, he taught at the University of Leicester. He has held several visiting academic positions over the years, spanning across the globe from Texas to Brussels to Hong Kong.  He’s served on countless journal advisory boards also with an international range, including but not limited to the Journal of Law and Society (UK); Griffith Law Review (Australia); Clio & Themis (France); and Comparative Law Review (Poland).  In addition to this service, he’s authored and edited over 100 books, chapters, and journal articles over the course of his (still on-going) career.

It should be of no surprise then that other scholars in his field recognize him as an essential contributor to the Socio-Legal field.  Other scholars like David Nelken (also an Ashgate author) nominated Cotterell for this award. In his nomination letter, Nelken stated:

Roger is, for most of his peers, the leading social theorist of law and sociologist of law in
the UK, and amongst the very best worldwide…The range of his corpus of work is second
to none amongst his colleagues…Roger has been a model to generations of colleagues
and students. He is an exemplary scholar that our field is fortunate to have produced.

We congratulate Cotterrell on his most recent accomplishment and celebrate in the outstanding contributions he’s made to his field and to academia. May we also say, we are proud to have him among our Ashgate authors.

Roger Cotterrell’s other Ashgate books include: Law and Society (1994), Sociological Perspectives on Law (two volumes, 2001), Law in Social Theory (2006), Living Law (2008) and Émile Durkheim (2010).

Interested in accessing free online content to Roger Cotterrell’s book Law, Culture and Society?  Become an email subscriber and receive monthly updates on exclusive promotions and offers.  Sign up at www.ashgate.com/updates. In February 2014, we’ll be featuring Cotterrell’s book!

Leonidas Cheliotis named the Critical Criminologist of the Year by the ASC Division on Critical Criminology

Posted by Alyssa Berthiaume, Marketing Coordinator

Every year at the American Society of Criminology Conference the Division on Critical Criminology (DCC) awards an individual with the title of Critical Criminologist of the Year. The recipient is often an early-to-mid career individual with distinguished accomplishments in the field that have symbolized the spirit of the DCC via their scholarship, teaching and/or service in most recent years.  This November, Ashgate author of The Arts of Imprisonment, Leonidas Cheliotis, was the worthy recipient of this award for 2013.

Currently Dr Cheliotis is the Chancellor’s Fellow in Law at the University of Edinburgh and Co-Director of the Centre of Law and Society. Prior to this he was both lecturer and founding Deputy Director of the Centre for Criminal Justice at the School of Law, Queen Mary, University of London.

Dr Cheliotis is no stranger to awards, having received a number of others for his research. In addition, he’s well-established in his field as an editor—having edited at least four books since 2010, as well as serving as an Associate Editor of the European Journal of Criminology and sitting on the boards of Punishment & Society: The International Journal of Penology and the British Journal of Criminology. He is also well- recognized as an author, having written countless chapters, journal articles, reports, notes and reviews.

Cheliotis-The Arts of Imprisonment:De-Giorgio Re-think PoliticalHis main research interests include political economy of crime, violence and punitiveness; “street level” criminal justice policies and practices; and, the method and practice of interdisciplinary and international comparative penology. His book The Arts of Imprisonment (2012), is a part of Ashgate’s series, Advances in Criminology, and focuses on states’ use of the arts for the purposes of controlling prisoners and the broader public, and the use made of the arts by prisoners and portions of the broader public as tools of resistance to penal states.

Professor Water DeKeseredy, of the Univiersty of Ontario Institute of Technology, who introduced the award, commented:

Dr. Cheliotis is a path-breaking scholar who continuously makes important scholarly
contributions to an international critical criminological understanding of punitive
social control…

Ashgate is pleased to have among us Dr. Cheliotis and his academic contributions to the field. We whole-heartedly congratulate him on this most recent success.

Riël Vermunt selected for the International Society of Justice Research Lifetime Achievement Award

We are delighted to learn that Riël Vermunt (University of Leiden) has been selected for the ISJR Lifetime Achievement Award. The award will be officially presented at the next biennial conference of the International Society of Justice Research, 19-22 June, 2014, in New York, at which Professor Vermunt will present an address.

“Professor Riël Vermunt of the University of Leiden, the Netherlands, has over many years made significant and lasting contributions to the study of justice, specifically on procedural justice, its interrelations with distributive justice, and links to affect, self-esteem and stress. Riel was highly instrumental for the establishment of ISJR, which grew out of a series of interdisciplinary justice conferences he organised in the 1980s and an initial justice research center that he co-founded at Leiden. Riel’s commitment to justice research and ISJR has not waned since and he has been an inspiring mentor for new generations of justice researchers.”   Michael Wenzel, President, International Society for Justice Research

Riël Vermunt’s new book: The Good, the Bad, and the Just: How Modern Men Shape Their World, will be available in hardback and e-format in April 2014.

Drawing on multidisciplinary findings and ideas, the book discusses fair allocation of social resources, such as goods, services and information, in a novel and integrated way. The role of the essential features of allocation behaviour: motivation, cognition and emotion, as well as morality and reactions to perceived unfairness are examined in the newly developed Justice Model. Riël Vermunt offers explanations as to why, how and to what extent, people, in an effort to attain justice, allocate social resources between self and others and among others. The book is relevant for academics and researchers working in the areas of crime, law, justice, public policy and governance.

Distributive and Procedural JusticeRiël Vermunt is Associate Professor of Social and Organizational Psychology at Leiden University, the Netherlands.  He is also editor, with Kjell Törnblom, of Distributive and Procedural Justice.

A new book for International Restorative Justice week: ‘Reconstructing Restorative Justice Philosophy’

This week – 17th–24th November – is International Restorative Justice (IRJ) week and to coincide with this event Ashgate is publishing Theo Gavrielides’ and Vasso Artinopoulou’s book: Reconstructing Restorative Justice Philosophy.

There is more information about IRJ week on the IARS website:

“Restorative Justice Week, initiated by Correctional Service Canada (CSC) aims to celebrate restorative justice practitioners, volunteers and those who are working in the community as well as to raise awareness of restorative justice and its practices worldwide. This year’s theme “Inspiring Innovation” encourages practitioners’ and those who are working on the field to showcase and share innovative thoughts and practices as well as to consider new innovative approaches to their work taking advantages of technology and theoretical progression of the field.”

IARS is holding its annual conference on 6 December, with the theme of “Listening to Community Evidence: Race, Gender and Restorative Justice”. The conference will be attended by Alison Kirk, Ashgate’s commissioning editor for Law and Legal Studies, and copies of Reconstructing Restorative Justice Philosophy will be on sale.

The book can also be purchased online. To take advantage of a 10% discount during IRJ week visit http://www.ashgate.com/isbn/9781409470717

Reconstructing Restorative Justice Philosophy is edited by Theo Gavrielides, Independent Academic Research Studies (IARS), and Vasso Artinopoulou, Panteion University of Social and Political Sciences.

Reconstructing Restorative Justice PhilosophyThis book takes bold steps in forming much-needed philosophical foundations for restorative justice through deconstructing and reconstructing various models of thinking. It challenges current debates through the consideration and integration of various disciplines such as law, criminology, philosophy and human rights into restorative justice theory, resulting in the development of new and stimulating arguments. Topics covered include the close relationship and convergence of restorative justice and human rights, some of the challenges of engagement with human rights, the need for the recognition of the teachings of restorative justice at both the theoretical and the applied level, the Aristotelian theory on restorative justice, the role of restorative justice in schools and in police practice and a discussion of the humanistic African philosophy of Ubuntu.

With international contributions from various disciplines and through the use of value based research methods, the book deconstructs existing concepts and suggests a new conceptual model for restorative justice. This unique book will be of interest to academics, researchers, policy-makers and practitioners.

‘Gavrielides and Artinopoulou propose a reconstructed philosophy of restorative justice that is much more expansive and inclusive, much less either/or, than the usual approach. For the restorative justice movement to progress, they argue, we first must reconcile the internal tensions identified by the authors in this volume: conceptual, philosophical, political, personal. Their proposed reconstructed philosophy helps point a direction but in addition, they also suggest some rules for moving in this direction, asking those of us working in and advocating for restorative justice to redirect some of our energies. The methodology the editors adopted for this volume is also significant. Instead of limiting contributions to empirical analysis, they encouraged authors to write freely from a variety of sources and perspectives. As the library recall notice says, this book is long overdue.’   Howard Zehr, Eastern Mennonite University, USA

‘No one will be able to read this book without wishing they were there for the journey that gave it birth. Rich outcomes are enabled by richness of process. This book succeeds in drawing us into the journey of its travelers and is a grand exercise in critical retrieval, revival, renewal of those teachings, ancient and recent. There is a great, enduring core of restorative justice teachings that has an increasingly global quality about it. This fine collection helps us renew and reconstruct the core of restorative justice teachings at their holistic philosophical foundations while also helping us to look at them with wider historical and cultural lenses. As the Epilogue reminds us, restorative justice lives and evolves in the hands of this generation of travelers on our planet. Our obligation, the Epilogue sums up, is not to be the kind of philosophers whose aim is to define restorative justice more carefully, because if we “define water too narrowly”, we prevent people from seeing its other properties.’   John Braithwaite, Australian National University, Australia

Inaugural Annual Ashgate Lecture in Criminal Law – Should failure to help another be sufficient for manslaughter liability?

Posted by Sarah Stilwell, Senior Marketing Executive

Ashgate is delighted to announce the Inaugural Annual Ashgate Lecture in Criminal Law, which will take place on 27th November 2013 at Durham Law School.

Professor Andrew Ashworth, Vinerian Professor of English Law at Oxford University, is the Guest Lecturer and his chosen lecture topic is:

SHOULD FAILURE TO HELP ANOTHER BE SUFFICIENT FOR MANSLAUGHTER LIABILITY?

Participation in CrimeThe Annual Ashgate Lecture in Criminal Law is a new initiative arising from the partnership between the Centre for Criminal Law and Criminal Justice at Durham Law School, the Centre for Evidence and Criminal Justice Studies at Northumbria University School of Law and Ashgate Publishing. This partnership has already resulted in the launch of a new Ashgate law series Substantive Issues In Criminal Law, edited by Professor Michael Bohlander of Durham University and Professor Alan Reed of Northumbria University. The first title in this series, Participation in Crime, was published in June 2013.

Lecture details:

Venue: the Rosemary Cramp Lecture Theatre, Calman Learning Centre, Durham Law School.

Time: 1600 hours, 27th November 2013

All are welcome. Entry is free.

Visit the event page on Durham University’s website

EDIT: You can now listen to the lecture online

Law and Leadership: Integrating Leadership Studies into the Law School Curriculum

Law and LeadershipLaw and Leadership: Integrating Leadership Studies into the Law School Curriculum is edited by Paula Monopoli and Susan McCarty, both at University of Maryland Francis King Carey School of Law, USA.

Law and Leadership includes a foreword by Pulitzer Prize-winning historian and noted leadership scholar, James MacGregor Burns and a foundational essay by prominent leadership scholar and one of the founders of the International Leadership Association, Georgia Sorenson.

‘Many lawyers will become leaders – decision-makers, not just advisors – in legal, social, economic and political institutions and will have to express and implement a substantive vision. Law schools at present do little to train students for this vital role. This book presents important perspectives on why that must change.’   Ben W. Heineman, Jr., former GE general counsel, senior fellow at Harvard’s schools of law and government [co-teacher of Lawyer as Leader: The Challenges of the General Counsel]

‘This long overdue book not only answers the question of why leadership education for lawyers is essential, it also offers a clearly articulated explanation of how leadership must be integrated into law school curriculum and what should be offered and why. It is a must read for every dean, professor, practitioner and student of the law.’   Cynthia Cherrey, Princeton University, USA

Paula Monopoli and Susan McCarty’s introduction to the book:

Lawyers have always been leaders. If leadership is defined as the ability to persuade others to embrace your ideas and to act upon them, then lawyers are remarkably well suited to be leaders. We learn the art of persuasion the very first year of law school. So why is it that legal academics find it so odd that a new generation of students is clamoring for leadership studies in law schools?

Perhaps it is that we have never articulated the nexus between what we do— teach our students how to “think like lawyers”—and the skills that effective leaders deploy. This book is an effort to reflect upon that nexus. It is a collection of essays by law professors, professors of leadership studies, deans, a former congressman, law students, and lawyers in private practice, nonprofits, and government.

The book proceeds in three parts.

Part I explores the what: What is leadership in the context of the legal profession? What are its particular challenges in legal academia, in private practice, in the nonprofit sector and government?

Part II explores the why: Why do our students need to study leadership in law school and why are they demanding that we offer it as part of the curriculum?

And, finally, Part III explores the how. Faculty who have designed new courses grounded in leadership, and who are integrating leadership into their existing courses, reflect on how to effectively blend law and leadership in doctrinal, clinical, and experiential classrooms.

Each part begins with a foundational essay that lays the groundwork for the essays that follow.

In Part I, Phoebe A. Haddon, dean of the University of Maryland Francis King Carey School of Law, describes the significance of leadership studies for both future lawyers and legal education and Maryland’s leadership in this area. Georgia Sorenson explores the nexus between leadership theory and law. Her chapter is followed by Larry Richard’s analysis of the nature of lawyers and the competencies they require to be effective leaders. Alexina Jackson lays out a new model of practice and the leadership skills required of lawyers to succeed in this new environment. Specific leadership challenges in various sectors of the profession are then explored in the context of private practice and government by Maura DeMouy and Mickey Edwards.

Part II is anchored by Leary Davis, founding dean of Elon Law School, another institution on the cutting edge of integrating leadership into the law school curriculum. He analyzes why law schools are resistant to embracing the discipline of leadership studies and lays the foundation for the chapters that follow. These chapters further evaluate the need for leadership education in law school and whether or not it is a compatible discipline. They include Diane Hoffmann’s argument for leadership education in law schools and Michael Kelly’s analysis of how teaching students to think like lawyers—what we say we do in law schools— differs from teaching them how to think like leaders, and whether we can or should do the latter in law school.

Finally, in Part III we turn to how we actually integrate leadership into our law school classes. This process calls for an interdisciplinary approach where we borrow from our colleagues in other disciplines like philosophy, political science, business, economics, social psychology, and literature. Brenda Bratton Blom, Lydia Nussbaum, and Bonnie Allen anchor this section with their description of an innovative new approach to teaching professional responsibility and ethical leadership. Avery M. Blank describes the new Maryland course in leadership theory from a student’s perspective. Blom and Dorcas R. Gilmore then explore the development of leadership concepts in the context of mentoring and professional identity formation. Robert J. Rhee explores how concepts so important to the modern lawyer, like working in teams and taking risks, can be integrated into the law school classroom. Alan D. Hornstein discusses how literature can be used to illuminate leadership issues within the context of law. Susan Leviton, Kerry Cooperman, and Jeremy Grant-Skinner explore learning leadership skills by teaching them to others. And, finally, Paula A. Monopoli reflects on teaching gender and leadership in the context of legal education.

Taken together, these chapters create a blueprint for others in legal education to evaluate whether leadership studies can and should be integrated into the modern law school curriculum and, if so, how it may be done.

About the Editors:

Paula Monopoli is Professor of Law at the University of Maryland School of Law. She is a graduate of Yale College and the University of Virginia School of Law and she is an elected member of the American Law Institute. Professor Monopoli also founded the School of Law’s Women, Leadership & Equality Program in 2003.

Susan McCarty is Senior Research Fellow at the University of Maryland School of Law. She is a graduate of Wellesley College and the University of Maryland School of Law, order of the coif. As Senior Research Fellow, McCarty edits and prepares faculty books and articles for publication.

More information about Law and Leadership

From Cape Town to Kabul: Rethinking Strategies for Pursuing Women’s Human Rights – ‘a fascinating read’

From Cape Town to KabulPenelope Andrews’ book From Cape Town to Kabul: Rethinking Strategies for Pursuing Women’s Human Rights is classified as ‘Research Essential’ by Baker & Taylor YBP Library Services. It generates challenging and complex questions about the achievement of gender equality.

The author examines and compares gender inequality in societies undergoing political, economic and legal transformation, and looks at two countries – South Africa and Afghanistan – in particular. These two societies serve as counterpoints through which the book engages, in a nuanced and novel way, with the many broader issues that flow from the attempts in newly democratic societies to give effect to the promise of gender equality. Developing the idea of ‘conditional interdependence’, the book suggests a new approach based on the communitarian values which underpin newly democratic societies and would allow women’s rights to gain momentum and reap greater benefits.

‘This book is written with passion for and deep experience of struggles for women’s rights in different parts of the globe. Professor Andrews deals with the vexed issue of the role of local cultures in defining women’s rights in both South Africa and Afghanistan. She departs from the traditional western feminist goal of autonomy for women and argues instead for recognition of women’s “conditional interdependence”. This book is bold and insightful, a rich comparative analysis, with a transformational purpose.’    Hilary Charlesworth, The Australian National University, Australia

‘Andrews asks the hard questions that should cause us to re-examine our assumptions about the freight attached to the language of human rights, political and legal strategies for achieving substantive equality, and the contestation within the feminist discourse and legal theory. Beautifully written, this book is a fabulous resource for academic institutions and communities.’    Val Napoleon, University of Victoria, Canada

‘The author analyses the obstacles to achieving gender equality in two very different countries and concludes that there is not “a one size fits all” solution. The book is a fascinating read. And its message is timely: we cannot give up, we must continue to seek ways to meet the challenge of gender inequality.’   Kate O’Regan, Justice of CCT of South Africa

‘In this fascinating read, the author addresses the critical complexities of women’s rights in transitional societies. Developing the intriguing concept of “conditional interdependence”, she challenges feminist conceptualizations based primarily on personal autonomy. Whether in her native South Africa or Afghanistan, progress occurs only with the support of the community of women AND men.’    Adrien K. Wing, University of Iowa College of Law, USA

About the Author: Penelope Andrews is Professor of Law and Dean at Albany Law School, New York. She is the co-editor of Post-Apartheid Constitutions: Perspectives On South Africa’s Basic Law (Ohio University Press, 2001) and Law and Rights: Global Perspectives on Constitutionalism and Governance (Vandeplas Publishing, 2008).

THE review of Ayona Datta’s ‘The Illegal City: Space, Law and Gender in a Delhi Squatter Settlement’

Ayona Datta’s book The Illegal City: Space, Law and Gender in a Delhi Squatter Settlement has been reviewed by Urmi Sengupta in the Times Higher Education supplement.

From the review:

The Illegal CitySquatters’ communities are highly heterogeneous and residents experience constant change via their ever-shifting relationship to the distinctions of “legal/legitimate” and “illegal/illegitimate”. Inevitably, therefore, The Illegal City’s central message is a snapshot bounded by time and geography. However, this does not negate the work’s importance. At its core, it is an immensely scholarly work that adds substantive and methodological value to urban development studies.

Read the full review…

The Illegal City is the first book to be published in Ashgate’s Gender, Space and Society series.

Ayona Datta is a Senior Lecturer in Citizenship and Belonging at the School of Geography, University of Leeds.

Is it legal to restrain passengers?

Posted by Luigi Fort, Senior Marketing Executive

Anger in the airA recent BBC News report covered an air rage incident and posed the question ‘Who, What, Why: Is it legal to restrain air passengers?’ The report outlined a legal answer to this question.

If you are interested in air rage and the conditions that can cause and prevent it do read Anger in the Air by Joyce A. Hunter.  She looks at the air rage phenomenon in considerable depth.  In particular she considers how personnel policies can impact on air rage and also the importance of customer service.