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Guantanamo and Other Cases of Enforced Medical Treatment
Par Mirko Daniel Garasic. 2015
This volume presents a number of controversial cases of enforced medical treatment from around the globe, providing for the first…
time a common, biopolitcal framework for all of them. Bringing together all these real cases guarantees that a new, more complete understanding of the topic will be within grasp for readers unacquainted with the aspects involved in these cases. On the one hand, readers interested mainly in the legal and medical dimensions of cases like those considered will benefit from the explanation of the biopolitical framework within which each case develops. On the other hand, those focusing on only one of the situations presented here will find the parallels between the cases an interesting expansion of the complexity of the problem. Despite the book's ambitious goal, for those willing to use it as supplemental material or interested in only one of the cases, the chapters can function as self-standing pieces to be read separately. This volume will be a valuable tool for both academics and professionals. Bioethicists in both the analytic and continental traditions, will find the book interesting for not only the specific concepts and issues considered, but also for its constructive bridging of the two schools of thought. In addition to philosophers, the structure of this work will also appeal to lawyers, doctors, human rights activists, and anyone concerned in the most disparate way with real-life cases of enforced medical treatment.Law and Order in Ancient Athens
Par Adriaan Lanni. 2016
The classical Athenian 'state' had almost no formal coercive apparatus to ensure order or compliance with law: there was no…
professional police force or public prosecutor, and nearly every step in the legal process depended on private initiative. And yet Athens was a remarkably peaceful and well-ordered society by both ancient and contemporary standards. Why? Law and Order in Ancient Athens draws on contemporary legal scholarship to explore how order was maintained in Athens. Lanni argues that law and formal legal institutions played a greater role in maintaining order than is generally acknowledged. The legal system did encourage compliance with law, but not through the familiar deterrence mechanism of imposing sanctions for violating statutes. Lanni shows how formal institutions facilitated the operation of informal social control in a society that was too large and diverse to be characterized as a 'face-to-face community' or 'close-knit group'.The Book of Numbers: A Critique of Genesis
Par Calum Carmichael. 2012
In this work Calum Carmichael--a legal scholar who applies a literary approach to the study of the Bible--shows how each…
law and each narrative in Numbers, the least researched book in the Pentateuch, responds to problems arising in narrative incidents in Genesis. The book continues Carmichael's process of demonstrating how every law in the Pentateuch is a response to a problem arising in a biblical narrative, not to an inferred societal situation.The Function of Public International Law
Par Jan Anne Vos. 2012
This book addresses fundamental aspects of the concept of public international law in both theory and practice. The argument developed…
by the author is that, underlying the traditional, horizontal, structure of public international law, a vertical structure of the concept of law may be discerned. This vertical structure is seen unfolding into two, mutually exclusive, frameworks: a framework of obligation, accounting for obligations, and a framework of authorization, accounting for rights. The problem then arising is that a concept of public international law which only admits either rights or obligations cannot be regarded as coherent. The author, however, takes and substantiates the position that coherence can be achieved by suppressing the mutual exclusivity of both frameworks. This move paves the way to formulating the function of public international law in terms of the constituting of international society. Since in public international law the theoretical aspects profoundly affect practice, this book is not only of interest to academics, but also for practitioners, such as officials of foreign offices and international institutions.The Force of Law Reaffirmed
Par Christoph Bezemek, Nicoletta Ladavac. 2016
This book examines the success of Frederick Schauer's efforts to reclaim force as a core element of a general concept…
of law by approaching the issue from different legal traditions and distinct perspectives. In discussing Schauer's main arguments, it contributes to answering the question whether force, sanctions and coercion should (or should not) be regarded as necessary elements of the concept of law, and whether legal philosophy should be concerned at all (or exclusively) with necessary or essential properties. While it was long assumed that legal norms are essentially defined by their force, it was H. L. A. Hart who raised doubts about whether law and coercion are necessarily connected, referring to the empowering, or more generally enabling, character exhibited by some legal norms. Prominent scholars following and refining Hart's argument built an influential case for excluding force as a necessary element of the concept of law. Most recently, however, Frederick Schauer has made a strong case to reaffirm the force of law, shedding new light on this essential question. This book collects important commentaries, never before published, by prominent legal philosophers evaluating Schauer's substantive arguments and his claims about jurisprudential methodology.Democracy after the Internet - Brazil between Facts, Norms, and Code
Par Samantha S. Moura Ribeiro. 2016
This book throws new light on the way in which the Internet impacts on democracy. Based on Jürgen Habermas' discourse-theoretical…
reconstruction of democracy, it examines one of the world's largest, most diverse but also most unequal democracies, Brazil, in terms of the broad social and legal effects the internet has had. Focusing on the Brazilian constitutional evolution, the book examines how the Internet might impact on the legitimacy of a democratic order and if, and how, it might yield opportunities for democratic empowerment. The book also assesses the ways in which law, as an institution and a system, reacts to the changes and challenges brought about by the Internet: the ways in which law may retain its strength as an integrative force, avoiding a 'virtual' legitimacy crisis.Freedom of Expression in a Diverse World
Par Deirdre Golash. 2009
The debate over the foundations and boundaries of freedom of speech, once a matter of balancing the individual rights of…
unpopular speakers against broader social interests, took on a new shape in the 1980s when feminists began to advocate restrictions on pornography and critical race theorists to advocate restriction of certain kinds of hate speech. These challenges to traditional liberalism brought into sharp focus the issues of why we value free speech and how much weight it should be given against competing values. Difficult as it is to resolve these issues domestically, we now face new challenges arising from the increasingly rapid dissemination of information across international borders in an atmosphere of considerable political tension. The riots in response to the publication of Danish cartoons ridiculing Mohammed and the death threats against Salman Rushdie indicate how dramatically the stakes have been raised. At the same time, there is increased concern over discriminatory treatment of sexual minorities, Muslims, and immigrants. Against this background, the essays in this volume seek to illuminate why we value freedom of speech and expression and how this freedom can be weighed against other values, such as multicultural sensitivity, the rights of racial and sexual minorities, and the prevention of violence, both domestically and internationally.The Competence of the European Union in Copyright Lawmaking
Par Ana Ramalho. 2016
This book inquires into the competence ofthe EU to legislate in the field of copyright, and uses content analysistechniques to…
demonstrate the existence of a normative gap in copyrightlawmaking. To address that gap, it proposes the creation of benchmarks oflegislative activity, reasoning that EU secondary legislation, such as directivesand regulations, should be based on higher sources of law. It investigates twosuch possible sources: the activity of the EU Court of Justice in thepre-legislative era and the EU treaties. From these sources, the authorestablishes concrete benchmarks of legislative activity, which she then testsby applying them to current EU copyright legislation. This provides examples ofgood and bad practices in copyright lawmaking and also shows how the benchmarkscould be implemented in copyright legislation. Finally, the author offers somerecommendations in this regard.Economic Justice: Philosophical and Legal Perspectives
Par Helen M Stacy, Win Chiat Lee. 2013
The economic impact of the U. S. financial market meltdown of 2008 has been devastating both in the U. S.…
and worldwide. One consequence of this crisis is the widening gap between rich and poor. With little end in sight to global economic woes, it has never been more urgent to examine and re-examine the values and ideals that animate policy about the market, the workplace, and formal and informal economic institutions at the level of the nation state and internationally. Re-entering existing debates and provoking new ones about economic justice, this volume makes a timely contribution to a normative assessment of our economic values and the institutions that active those norms. Topics covered by this volumes essays range from specific or relatively small-scale problems such as payday lending and prisoners' access to adequate healthcare; to large-scale such as global poverty, the free market and international aid. Economic Justice will stimulate and provoke philosophers, policy makers, the engaged readers who and better outcomes from financial institutions and more effect distribution of economic goods.German Corporate Governance in International and European Context
Par Ingo Saenger, Otto Sandrock, Bernhard Großfeld, Claus Luttermann, Matthias Casper, Jean J. du Plessis. 2012
Corporate governance encompasses the free enterprise system, which is treated comprehensively in this book from a German perspective. This distinguishes…
the book from other books written in English in this subject area, not only because of the comprehensive way it covers German corporate law and corporate governance, but also because of the fact that it provides international and European perspectives on these important topics. This second edition is an extensively revised and updated version of the first edition, in particular with a view to the worldwide debt crisis. The authors provide readers with an overview of the unique features of German business and enterprise law and an in-depth analysis of the organs of governance of German public limited companies (general meeting, management board, supervisory board). In addition, approaches for reforms required at the international level are also suggested and discussed, including, among others, the unique interplay and dynamics of the German two-tier board model with the system of codetermination, referring to the arrangement of employees sitting on the supervisory boards of German public limited companies and private companies employing more than 500 employees; also covered are significant recent legal developments in Europe. The book highlights the core function of valuation and financial reporting at the international, European and German levels, with accounting as the documentary proof of good corporate governance. It also expands the scope of the first edition by a treatment of the German financial sector, global corporate finance and governance, and by including a new chapter on compliance of corporate governance laws, rules and standards in Germany. As far as comparative law is concerned, new developments in the area of corporate governance in the EU, the OECD Principles of Corporate Governance and corporate governance in the US, the UK and Australia are covered. The book is addressed to researchers, practitioners and basically anyone with an interest in the complex, but intriguing areas of corporate law and corporate governance.Developing Geographical Indications in the South: The Southern African Experience
Par Cerkia Bramley, Estelle Bienabe, Johann Kirsten. 2013
This book contributes to the literature on Geographical Indications (GIs) by providing key theoretical reflections from a five-year review process…
on the potential of GIs for agri-food products in Southern Africa. The contributors reflect on diverse GI processes and dynamics which operate at the local, national and international levels, thus enriching the understanding of GI dynamics and of the variety of policy options available for GI protection in Southern countries. Following a discussion of the legal framework and governance of national GI schemes in Southern countries, the book emphasizes the main dimensions underlying the development of GIs and their potential for enhancing sustainable rural development and market access in particular. This provides the structure for the chapters that build on the different experiences of Southern African industries that have embarked on GI strategies. The book includes chapters on designing an appropriate legal framework and governance system for the development of GIs in Southern countries.Selling Tourism Services at a Distance
Par Josep Maria Bech Serrat. 2011
New rules on distance contracts provided for the Consumer Rights Directive of 25 October 2011 do not apply to package…
holidays or contracts falling within the scope of the Timeshare Directive. Moreover, contracts for passenger transport services and contracts for the provision of accommodation, car rental, catering or leisure services if the contract provides for a specific date or period of performance are not covered by some of these rules. Yet measures aimed at protecting the consumer when a contract is concluded via the phone, the Internet, by mail or other means of distance communication play a role in tourism. This book helps readers to navigate through uncertainties in travel contracts regarding information requirements, the right of withdrawal or providing alternative services. Findings reveal that consumer acquis is inadequately adapted to the features of the tourism industry when an optional instrument based on the Draft Common Frame of Reference might be used in the future.Sports Marketing Agreements: Legal, Fiscal and Practical Aspects
Par Ian S Blackshaw. 2011
Sports marketing is not only a global phenomenon, but also a major industry in its own right. This book breaks…
new ground in that it combines the theory and the practice of sports marketing agreements, which are at the heart of the commercialisation and marketing of sport. A particular feature of this book is the wide-ranging collection of precedents of sports marketing agreements, including, inter alia, sponsorship, merchandising, TV rights and new media, sports image rights and endorsements, event management and corporate hospitality, that are included and are explained and commented on in the text of the book. The book also covers the EU aspects, which are particularly important in this context, especially collective selling, of Sports TV rights and the drafting of the corresponding agreements; as well as the fiscal aspects of sports marketing agreements in general and sports image rights agreements in particular, which need to be taken into account in order to reduce the tax burden on the resulting revenues. With so much money at stake in sports marketing, the book also deals with the important topic of dispute resolution and, again, provides the reader with some useful corresponding clauses for settling disputes by ADR, particularly through the Court of Arbitration for Sport (CAS). As the author remarks in his Preface, the aim of the book is to provide a leading resource for all those engaged in any way in the money-spinning field of sports marketing, combining - as this book uniquely does - both the theory and the practice of drafting, interpreting and enforcing a variety of sports marketing agreements, especially those with an international dimension.Cambridge Studies in European Law and Policy: Frontex and Non-Refoulement
Par Roberta Mungianu. 2016
Since the Frontex Border Agency's establishment in 2004, its activities have foregrounded the complexity and difficulty of protecting the human…
rights of those seeking access to the European Union. In this connection, protection from refoulement should be paramount in the Agency's work. By navigating through the intricacies of Frontex's structure and working methods, this book answers abiding questions: which circumstances would trigger European Union responsibility if violations were to occur in Frontex's joint operations? What is the legal standing of the principle of non-refoulement in relation to Frontex's activities? Can Frontex be entrusted with an exclusive search and rescue mandate? This book offers a theoretical and practical insight into the legislative intricacies of Frontex's work, examining the responsibility of the EU, and scrutinising the interaction of international law and EU law with a focus on the principle of non-refoulement.The Principle of Proportionality
Par Peter Hulsroj. 2012
The book applies the principle of proportionality to a number of conventional wisdoms in the social sciences, such as in…
dubio pro reo and the assumption that a crime is always a crime; that you must go to war if instructed to do so. Individuals and states are not obliged to come to the aid of stricken individuals and states. The book is organised in seven chapters, each dealing with a self-standing theme related to proportionality.Refining Privacy in Tort Law
Par Patrick O'Callaghan. 2012
This book is about privacy interests in English tort law. Despite the recent recognition of a misuse of private information…
tort, English law remains underdeveloped. The presence of gaps in the law can be explained, to some extent, by a failure on the part of courts and legal academics to reflect on the meaning of privacy. Through comparative, critical and historical analysis, this book seeks to refine our understanding of privacy by considering our shared experience of it. To this end, the book draws on the work of Norbert Elias and Karl Popper, among others, and compares the English law of privacy with the highly elaborate German law. In doing so, the book reaches the conclusion that an unfortunate consequence of the way English privacy law has developed is that it gives the impression that justice is only for the rich and famous. If English courts are to ensure equalitarian justice, the book argues that they must reflect on the value of privacy and explore the bounds of legal possibility.The Lawyer Bubble: A Profession In Crisis
Par Steven J. Harper. 2013
A noble profession is facing its defining moment. From law schools to the prestigious firms that represent the pinnacle of…
a legal career, a crisis is unfolding. News headlines tell part of the story--the growing oversupply of new lawyers, widespread career dissatisfaction, and spectacular implosions of pre-eminent law firms. Yet eager hordes of bright young people continue to step over each other as they seek jobs with high rates of depression, life-consuming hours, and little assurance of financial stability. The Great Recession has only worsened these trends, but correction is possible and, now, imperative. In The Lawyer Bubble, Steven J. Harper reveals how a culture of short-term thinking has blinded some of the nation’s finest minds to the long-run implications of their actions. Law school deans have ceded independent judgment to flawed U. S. News & World Report rankings criteria in the quest to maximize immediate results. Senior partners in the nation’s large law firms have focused on current profits to enhance American Lawyer rankings and individual wealth at great cost to their institutions. Yet, wiser decisions--being honest about the legal job market, revisiting the financial incentives currently driving bad behavior, eliminating the billable hour model, and more--can take the profession to a better place. A devastating indictment of the greed, shortsightedness, and dishonesty that now permeate the legal profession, this insider account is essential reading for anyone who wants to know how things went so wrong and how the profession can right itself once again.Does International Trade Need a Doctrine of Transnational Law?
Par Maren Heidemann. 2011
This paper looks at the current status and role of specific commercial contract law both national and international in view…
of recent European contract law reform. It reviews the value and necessity of a special and separate contract law for merchants in a global market and discusses critically the terminology, doctrine and objectives which this law is based upon. For a long time the choice of transnational law rules which are often non-state law has been marginalised and made impossible in state court proceedings. The new Common European Sales Law circumvents this problem by proposing to be used as national law. International practice in commercial dispute settlement may therefore still remain at the forefront of promoting and modelling the use of transnational contract law.Flipped Classrooms for Legal Education
Par Lutz-Christian Wolff, Jenny Chan. 2016
This book discusses comprehensively the use of Flipped Classrooms in the context of legal education. The Flipped Classroom model implies…
that lecture modules are delivered online to provide more time for in-class interactivity. This book analyses the pedagogical viability, costs and other resource-related implications, technical aspects as well as the production and online distribution of Flipped Classrooms. It compares the Flipped Classroom concept with traditional law teaching methods and details its advantages and limitations. The findings are tested by way of a case study which serves as the basis for the development of comprehensive guidelines for the concept's practical implementation. As Flipped Classrooms have become a very hot topic across disciplines in recent years, this book offers a unique resource for law teachers, law school managers as well as researchers in the field of legal education. It is a must-have for anyone interested in innovative law teaching methodologies.Grass Roots: The Rise and Fall and Rise of Marijuana in America
Par Emily Dufton. 2017
How earnest hippies, frightened parents, suffering patients, and other ordinary Americans went to war over marijuanaIn the last five years,…
eight states have legalized recreational marijuana. To many, continued progress seems certain. But pot was on a similar trajectory forty years ago, only to encounter a fierce backlash. In Grass Roots, historian Emily Dufton tells the remarkable story of marijuana's crooked path from acceptance to demonization and back again, and of the thousands of grassroots activists who made changing marijuana laws their life's work.During the 1970s, pro-pot campaigners with roots in the counterculture secured the drug's decriminalization in a dozen states. Soon, though, concerned parents began to mobilize; finding a champion in Nancy Reagan, they transformed pot into a national scourge and helped to pave the way for an aggressive war on drugs. Chastened marijuana advocates retooled their message, promoting pot as a medical necessity and eventually declaring legalization a matter of racial justice. For the moment, these activists are succeeding--but marijuana's history suggests how swiftly another counterrevolution could unfold.