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In 2018, the members of the African Union adopted the African Continental Free Trade Area Agreement (AfCFTA). This book examines…
the AfCFTA, dissecting its key provisions. It stresses the importance of the AfCFTA in the context of increasing episodes of trade protection in Africa, and it theorizes on the role of the treaty organs. The book also examines the importance of citizen participation for the success of the AfCFTA, as well as exploring the role sub-state actors can play. Ultimately, the study adds to the understanding of the array of problems that are associated with regional trade in Africa and the role law plays in resolving these problems. It will be of importance to academics and students of international law, especially those with an interest in African trade law, as well as legal professionals and policymakers.Law, Humans and Plants in the Andes-Amazon: The Lawness of Life (Law, Justice and Ecology)
Par Iván Darío Vargas Roncancio. 2024
Extending law beyond the human, the book examines the conceptual openings, methodological challenges, and ethical conundrums of law in a…
time of socio-ecological transition. How do we learn and practice law across epistemic and ontological difference? What sort of methodologies do we need? In what sense does conjuring other-than-human beings as sentient, cognitive and social agents—rather than mere recipients of state-sanctioned rights—transform what we mean by law and rights of nature in Latin America and beyond? Legal institutions exclusively focused on human perspectives seem insufficiently capable of addressing current socio-ecological challenges in Latin America and beyond. In response, this book strives to integrate other-than-human beings within legal thinking, institutions, and decision-making protocols. Weaving together various fields of knowledge and worldmaking practices that include – but are not limited to – Indigenous legal traditions, ecological law, multispecies ethnography, and ecological economics, the book pursues a multi-sited ethnography that focuses on the entanglement of law, ecology, and Indigenous cosmologies in Southern Colombia. In so doing, it articulates a general post-anthropocentric legal theory which is proposed, a tool to address socio-ecological challenges such as climate change and bio-cultural loss. This book will be of interest to scholars and students in the disciplines of environmental law, Earth law and ecological law, legal theory and critical legal studies; as well as others working in the in the fields of Indigenous studies, environmental humanities, legal anthropology, and sustainability and climate change justice.Impeachment in a Global Context: Law, Politics, and Comparative Practice (Routledge Frontiers in Accountability Studies)
Par Chris Monaghan, Matthew Flinders, Aziz Z. Huq. 2024
This volume considers the use of impeachment within a global context. The book brings together leading scholars and experts to…
give an insight into significant periods in the development of impeachment and its modern comparative use. Divided into five parts, the opening chapter introduces the topic and underlines its significance in terms of understanding the relationship and inter-dependence among politics, governance and the law. It also offers a novel conceptual framework that facilitates the global mapping of impeachment processes. Part I presents a thematic approach that explores the topic of impeachment through the lenses of democracy, human rights and the rule of law. With these themes in mind, Part II focuses on those parts of the world where impeachment is generally recognised as a core constitutional process including the United States, South Korea, Brazil and other countries in South America. Part III continues with the process of constitutional mapping by moving to a focus on those countries where impeachment is arguably an important but largely secondary or peripheral process. This includes chapters on Denmark, Iceland, Sri Lanka and the Philippines and flows through into Part IV’s focus on areas of the world where impeachment matters and may even be increasing in terms of visibility but, for a number of reasons, arguably exists within a satellite status in terms of constitutional processes and safeguards. The fifth and final section steps back in an attempt to assess impeachment processes from a broad comparative perspective. The collection presents the definitive text on impeachment for students and scholars with an interest in comparative public law, politics and constitutional studies.This book contrasts and compares the different application of the law relating to the welfare interests and rights of children…
in France and Germany. It does so by applying the same matrix of indicators to explore jurisdictional differences between welfare interests and rights in the contexts of public family law (civil – care and protection etc and criminal – youth justice etc); private family law (matrimonial, adoption etc); and hybrid public/private family law (wardship, adoption from state care etc). By profiling the nations in accordance with the same indicators it reveals important jurisdictional differences in the extent to which welfare interests or rights determine how the law is currently applied to children in France and Germany. This volume will be of interest to academics and researchers engaged in law, legal studies and social policy, and also to policymakers, administrators, and professionals working within child welfare systems.Theorizing Legal Punishment (Routledge Research in Legal Philosophy)
Par Richard L. Lippke. 2024
This book systematically defends an account of the institution of legal punishment that draws on both retributive and crime-prevention thinking.…
The work argues that legal punishment censures convicted offenders and thus morally communicates with them, any victims, and the broader community, while also serving to reduce future crime. The expressive or retributive element is assigned the lead role in this mixed account because it better captures the notion that members of society are to be held morally accountable for their failures to abide by defensible criminal prohibitions of various kinds. Despite this, it is conceded that the reduction of crime plays a vital role in justifying the institution of legal punishment and the book contains extended discussion of how and why this is so. Beyond its explication of the aims of legal punishment and their respective roles within a mixed theory, the study devotes separate chapters to sentencing, criminal procedure, and the imposition of fees and collateral legal consequences on individuals who have been convicted of crimes and fully served their sentences. In these ways, the work moves beyond discussion of the abstract aims of legal punishment to details of the institution’s internal structure and operations. The many historical deficiencies and failures of the institution are duly noted and the challenges they pose for punishment theorizing are examined. The book closes with discussion of the limited success of punishment institutions in apprehending, convicting, and punishing those who violate the law, including many who do so in serious ways. Alternatives to reliance on legal punishment institutions are briefly examined. In the end, retention of such institutions is urged although it is suggested that we ought to have modest expectations about their ultimate success. The work will be of interest to those working in the areas of Legal Philosophy and Criminology.A Legal Assessment of the Efficacy of Consultation with Indigenous Peoples: The Case of Brazil
Par Catarina Woyames Dreher. 2024
This book offers a novel perspective on consultation with indigenous peoples in projects of natural resource exploitation. Engaging with current debates in international law, the study…
introduces a multi-dimensional perspective on consultation understood to include self-determination and cultural rights. It analyzes evidence from several countries across the Americas and Africa and presents an original and in-depth case study of Brazil. The book assesses judicial and legislative cases, drawing on relevant literature, international treaties and supplementary information gained from expert interviews. This supports the work’s broader objective to explore legal facts as well as to evaluate the empirical evidence in light of theoretical considerations. It thereby expands the understanding of consultation as a right under national legal systems and considers practical ways on how to enforce domestic redress for avoiding legal indeterminacy. The conclusions of the analysis contribute to not only a better understanding of the subject matter but also showcase ways of how to improve the realities on the ground. The book puts forward a range of recommendations directed at national authorities, international organizations, development lenders and civil society to help improve the unsatisfactory present circumstances. The intended audience encompasses legal scholars, students, practitioners and journalists, as well as anyone interested in research on the realization of indigenous peoples’ rights and the role of international law in the 21st century.Unsustainable: Measurement, Reporting, and the Limits of Corporate Sustainability
Par Matthew Archer. 2024
A behind-the-scenes look at how corporate and financial actors enforce a business-friendly approach to global sustainabilityIn recent years, companies have…
felt the pressure to be transparent about their environmental impact. Large documents containing summaries of yearly emissions rates, carbon output, and utilized resources are shared on companies’ social media pages, websites, and employee briefings in a bid for public confidence in corporate responsibility.And yet, Matthew Archer argues, these metrics are often just hollow symbols. Unsustainable contends with the world of big banks and multinational corporations, where sustainability begins and ends with measuring and reporting. Drawing on five years of research among sustainability professionals in the US and Europe, Unsustainable shows how this depoliticizing tendency to frame sustainability as a technical issue enhances and obscures corporate power while doing little, if anything, to address the root causes of the climate crisis and issues of social inequality. Through this obsession with metrics and indicators, the adage that you can’t manage what you can’t measure transforms into a belief that once you’ve measured social and environmental impacts, the market will simply manage them for you.The book draws on diverse sources of evidence—ethnographic fieldwork among a wide array of sustainability professionals, interviews with private bankers, and apocalyptic science fiction—and features analyses of name-brand companies including Volkswagen, Unilever, and Nestlé. Making the case for the limits of measuring and reporting, Archer seeks to mobilize alternative approaches. Through an intersectional lens incorporating Black and Indigenous theories of knowledge, power and value, he offers a vision of sustainability that aims to be more effective and more socially and ecologically just.Lawyer Nation: The Past, Present, and Future of the American Legal Profession
Par Ray Brescia. 2024
Explores the critical role that American lawyers have played since the nation’s founding and what the future holds for the…
professionThe American legal profession faces significant challenges: the changing nature of work in the wake of the COVID-19 pandemic; calls for greater racial and gender justice; threats to democracy; the inaccessibility of legal services for the majority of Americans; the risk of obsolescence owing to the emergence of new technologies; and the disaffection many lawyers feel toward their work. Ambitious in its scope yet straightforward in its approach, Lawyer Nation seeks to address these crises by offering a path forward for the legal profession. Ray Brescia provides concrete ideas for transforming law into a field whose services are accessible, egalitarian, and viable in the long term. Further, he addresses how the profession can improve so that the health of its practitioners is not compromised in the process. If the legal profession does not respond to its crises in an effective way, he argues, the dysfunction and unfairness plaguing the legal world will deepen. This is an unprecedented opportunity for the world of law to reimagine its future in way that honors its highest ideals: preserving the rule of law, protecting individual liberty, and addressing social inequality in all of its forms.Data Science and Machine Learning Applications in Subsurface Engineering
Par Daniel Asante Otchere. 2023
This book covers unsupervised learning, supervised learning, clustering approaches, feature engineering, explainable AI and multioutput regression models for subsurface engineering…
problems. Processing voluminous and complex data sets are the primary focus of the field of machine learning (ML). ML aims to develop data-driven methods and computational algorithms that can learn to identify complex and non-linear patterns to understand and predict the relationships between variables by analysing extensive data. Although ML models provide the final output for predictions, several steps need to be performed to achieve accurate predictions. These steps, data pre-processing, feature selection, feature engineering and outlier removal, are all contained in this book. New models are also developed using existing ML architecture and learning theories to improve the performance of traditional ML models and handle small and big data without manual adjustments. This research-oriented book will help subsurface engineers, geophysicists, and geoscientists become familiar with data science and ML advances relevant to subsurface engineering. Additionally, it demonstrates the use of data-driven approaches for salt identification, seismic interpretation, estimating enhanced oil recovery factor, predicting pore fluid types, petrophysical property prediction, estimating pressure drop in pipelines, bubble point pressure prediction, enhancing drilling mud loss, smart well completion and synthetic well log predictions.Language and Legal Judgments: Evaluation and Argument in Judicial Discourse (Law, Language and Communication)
Par Stanisław Goźdź-Roszkowski. 2024
Integrating research methods from Linguistics with contemporary Legal Argumentation Theory, this book highlights the complexities of legal justification by focusing…
on the role of value-laden language in argument construction and use. The combination of linguistic analysis and the pragma-dialectic approach to legal argumentation yields a new way of perceiving and understanding the phenomenon of evaluation, one that offers theoretical and practical gains. Analyzing a vast corpus of judicial opinions from the United States Supreme Court and Poland’s Constitutional Court, the book paints a clear picture of complex linguistic choices made by judges to assess and support arguments in the justifications of their decisions. The book will be of interest to scholars in Law, Linguistics and Rhetoric, as well as to judges and practicing lawyers engaged in the art of argumentation.Gute Kinderschutzverfahren: Tatsachenwissenschaftliche Grundlagen, rechtlicher Rahmen und Kooperation im familiengerichtlichen Verfahren
Par Jörg M. Fegert, Thomas Meysen, Heinz Kindler, Katrin Chauviré-Geib, Ulrike Hoffmann, Eva Schumann. 2023
In Kinderschutzfällen ist es Aufgabe der Jugendämter und Familiengerichte, im Raum stehende Kindeswohlgefährdungen einzuschätzen und gegebenenfalls durch geeignete Hilfen und…
Maßnahmen abzuwenden. Diese Einschätzungen und Entscheidungen können den weiteren Lebensweg von Kindern und ihren Eltern stark beeinträchtigen. Umso wichtiger ist es, dass die an familiengerichtlichen Kinderschutzverfahren beteiligten professionellen Akteure sich über ihre eigenen Aufgaben und die der anderen im Klaren sind, damit sie gut zusammenarbeiten können.Das vorliegende Buch vermittelt Grundlagenwissen aus verschiedenen Disziplinen und bietet damit das Fundament für eine gute interdisziplinäre Zusammenarbeit. Es enthält tatsachenwissenschaftliche Erkenntnisse zu Kindeswohlgefährdungen und deren Abwendung Grundlagenwissen zur kindlichen EntwicklungOrientierung zu den beteiligten Akteuren, Vernetzung und Interdisziplinarität Kenntnisse über die rechtlichen Rahmenbedingungen Grundzüge zum Ablauf von KinderschutzverfahrenDie Publikation orientiert sich am interdisziplinären Online-Kurs „Gute Kinderschutzverfahren“ (https://guteverfahren.elearning-kinderschutz.de/) und bietet allen juristischen, sozialpädagogischen, psychologischen und medizinischen Fachkräften die für qualifizierte Kinderschutzverfahren benötigten vertieften Grundlagenkenntnisse. Es handelt sich um eine Open-Access-Publikation mit freiem und uneingeschränktem Zugang zur elektronischen Ausgabe.Elegant Legal Writing
Par Ryan McCarl. 2024
Elegant Legal Writing helps attorneys elevate their writing from passable to polished. Drawing on ideas from cognitive science, stylistics, and…
litigation strategy, the book teaches practical techniques by example using fast-paced chapters. Readers will learn the essentials of effective legal composition: Writing clear, efficient prose Crafting strong arguments Telling a client's story through a compelling narrative Overcoming procrastination and drafting more productively Readability, aesthetics, and argumentation are intertwined. Ryan McCarl shows how litigation documents that are easier and more pleasant to read are more likely to persuade judges and other busy readers. The book also discusses parts of legal writing that many guides overlook, including sentence mechanics, writing technology, and typography.This book presents a comprehensive overview of the sum rule approach to spectral analysis of orthogonal polynomials, which derives from…
Gábor Szego's classic 1915 theorem and its 1920 extension. Barry Simon emphasizes necessary and sufficient conditions, and provides mathematical background that until now has been available only in journals. Topics include background from the theory of meromorphic functions on hyperelliptic surfaces and the study of covering maps of the Riemann sphere with a finite number of slits removed. This allows for the first book-length treatment of orthogonal polynomials for measures supported on a finite number of intervals on the real line. In addition to the Szego and Killip-Simon theorems for orthogonal polynomials on the unit circle (OPUC) and orthogonal polynomials on the real line (OPRL), Simon covers Toda lattices, the moment problem, and Jacobi operators on the Bethe lattice. Recent work on applications of universality of the CD kernel to obtain detailed asymptotics on the fine structure of the zeros is also included. The book places special emphasis on OPRL, which makes it the essential companion volume to the author's earlier books on OPUC.More than any other advanced industrial democracy, the United States is besieged by firearms violence. Each year, some 30,000 people…
die by gunfire. Over the course of its history, the nation has witnessed the murders of beloved public figures; massacres in workplaces and schools; and epidemics of gun violence that terrorize neighborhoods and claim tens of thousands of lives. Commanding majorities of Americans voice support for stricter controls on firearms. Yet they have never mounted a true national movement for gun control. Why? Disarmed unravels this paradox. Based on historical archives, interviews, and original survey evidence, Kristin Goss suggests that the gun control campaign has been stymied by a combination of factors, including the inability to secure patronage resources, the difficulties in articulating a message that would resonate with supporters, and strategic decisions made in the name of effective policy. The power of the so-called gun lobby has played an important role in hobbling the gun-control campaign, but that is not the entire story. Instead of pursuing a strategy of incremental change on the local and state levels, gun control advocates have sought national policies. Some 40% of state gun control laws predate the 1970s, and the gun lobby has systematically weakened even these longstanding restrictions. A compelling and engagingly written look at one of America's most divisive political issues, Disarmed illuminates the organizational, historical, and policy-related factors that constrain mass mobilization, and brings into sharp relief the agonizing dilemmas faced by advocates of gun control and other issues in the United States.How Did the First Stars and Galaxies Form? (Princeton Frontiers in Physics #1)
Par Abraham Loeb. 2010
A concise introduction to cosmology and how light first emerged in the universeThough astrophysicists have developed a theoretical framework for…
understanding how the first stars and galaxies formed, only now are we able to begin testing those theories with actual observations of the very distant, early universe. We are entering a new and exciting era of discovery that will advance the frontiers of knowledge, and this book couldn't be more timely. It covers all the basic concepts in cosmology, drawing on insights from an astronomer who has pioneered much of this research over the past two decades.Abraham Loeb starts from first principles, tracing the theoretical foundations of cosmology and carefully explaining the physics behind them. Topics include the gravitational growth of perturbations in an expanding universe, the abundance and properties of dark matter halos and galaxies, reionization, the observational methods used to detect the earliest galaxies and probe the diffuse gas between them—and much more.Cosmology seeks to solve the fundamental mystery of our cosmic origins. This book offers a succinct and accessible primer at a time when breathtaking technological advances promise a wealth of new observational data on the first stars and galaxies.Provides a concise introduction to cosmologyCovers all the basic conceptsGives an overview of the gravitational growth of perturbations in an expanding universeExplains the process of reionizationDescribes the observational methods used to detect the earliest galaxiesEinstein and Religion: Physics and Theology
Par Max Jammer. 1999
The philosophy of religion and the quest for spiritual truth preoccupied Albert Einstein--so much that it has been said "one…
might suspect he was a disguised theologian." Nevertheless, the literature on the life and work of Einstein, extensive as it is, does not provide an adequate account of his religious conception and sentiments. Only fragmentarily known, Einstein's ideas about religion have been often distorted both by atheists and by religious groups eager to claim him as one of their own. But what exactly was Einstein's religious credo? In this fascinating book, the distinguished physicist and philosopher Max Jammer offers an unbiased and well-documented answer to this question. The book begins with a discussion of Einstein's childhood religious education and the religious atmosphere--or its absence--among his family and friends. It then reconstructs, step by step, the intellectual development that led Einstein to the conceptions of a cosmic religion and an impersonal God, akin to "the God of Spinoza." Jammer explores Einstein's writings and lectures on religion and its role in society, and how far they have been accepted by the general public and by professional theologians like Paul Tillich or Frederick Ferré. He also analyzes the precise meaning of Einstein's famous dictum "Science without religion is lame, religion without science is blind," and why this statement can serve as an epitome of Einstein's philosophy of religion. The last chapter deals with the controversial question of whether Einstein's scientific work, and in particular his theory of relativity, has theologically significant implications, a problem important for those who are interested in the relation between science and religion. Both thought-provoking and engaging, this book aims to introduce readers, without proselytizing, to Einstein's religion.Why Tolerate Religion?: Updated Edition
Par Brian Leiter. 2014
Why it's wrong to single out religious liberty for special legal protectionsThis provocative book addresses one of the most enduring…
puzzles in political philosophy and constitutional theory—why is religion singled out for preferential treatment in both law and public discourse? Why are religious obligations that conflict with the law accorded special toleration while other obligations of conscience are not? In Why Tolerate Religion?, Brian Leiter shows why our reasons for tolerating religion are not specific to religion but apply to all claims of conscience, and why a government committed to liberty of conscience is not required by the principle of toleration to grant exemptions to laws that promote the general welfare.Pillars of Prosperity: The Political Economics of Development Clusters (The Yrjö Jahnsson Lectures)
Par Timothy Besley, Torsten Persson. 2011
How nations can promote peace, prosperity, and stability through cohesive political institutions"Little else is required to carry a state to…
the highest degree of opulence from the lowest barbarism, but peace, easy taxes, and a tolerable administration of justice; all the rest being brought about by the natural course of things." So wrote Adam Smith a quarter of a millennium ago. Using the tools of modern political economics and combining economic theory with a bird's-eye view of the data, this book reinterprets Smith's pillars of prosperity to explain the existence of development clusters—places that tend to combine effective state institutions, the absence of political violence, and high per-capita incomes.To achieve peace, the authors stress the avoidance of repressive government and civil conflict. Easy taxes, they argue, refers not to low taxes, but a tax system with widespread compliance that collects taxes at a reasonable cost from a broad base, like income. And a tolerable administration of justice is about legal infrastructure that can support the enforcement of contracts and property rights in line with the rule of law. The authors show that countries tend to enjoy all three pillars of prosperity when they have evolved cohesive political institutions that promote common interests, guaranteeing the provision of public goods. In line with much historical research, international conflict has also been an important force behind effective states by fostering common interests. The absence of common interests and/or cohesive political institutions can explain the existence of very different development clusters in fragile states that are plagued by poverty, violence, and weak state capacity.