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Community, Space and Online Censorship: Regulating Pornotopia
Par Scott Beattie. 2009
Internet censorship is a controversial topic - while the media periodically sounds alarms at the dangers of online life, the…
uncontrollable nature of the internet makes any kind of pervasive regulatory control impossible. This book compares the Australian solution, a set of laws which have been criticized as being both draconian and ineffectual, to major regulatory systems in the UK and US and understanding what drives them. The 'impossibility' of internet regulation opens deeper issues - what do we mean by regulation and how do we judge the certainty and effectiveness of law? These questions lead to an exploration of the theories of legal geography which provide tools to understand and evaluate regulatory practices. The book will be a valuable guide for academics, students and policy makers working in media and censorship law, those from a civil liberties interest and people interested in internet theory generally.Law Without Lawyers, Justice Without Courts: On Traditional Chinese Mediation
Par Bee Chen Goh. 2002
The Chinese have, since ancient times, professed a non-litigious outlook. Similarly, their preference for mediation has fascinated the West for…
centuries. Mediation has been popularized by the Chinese who subscribe to the Confucian notions of harmony and compromise. It has been perpetuated in the People's Republic of China and by the overseas Chinese communities elsewhere, such as in Malaysia and Taiwan. Seen as the chief contributing factor in their litigation-averse nature, as well as the reason behind the significant role given to traditional mediation, this compelling book traces the cultural tradition of the Chinese. It uses rural Chinese Malaysians as illustrative examples and offers new insights into the nature of mediation East and West. It is an important reference and essential resource for anyone keen to learn about traditional Chinese concepts of law, justice and dispute settlement. Equally, it makes a unique contribution to the existing ADR literature by undertaking a socio-legal study on traditional Chinese mediation.Comparing Legal Cultures (Socio-Legal Studies)
Par David Nelken. 1997
This volume cross-examines mainstream approaches to studying legal culture (e.g. those of Friedman and Blankenburg). It includes debates over the…
concept of legal culture and a variety of case studies of different legal cultures.Ethical Hacking and Penetration Testing Guide
Par Rafay Baloch. 2015
Requiring no prior hacking experience, Ethical Hacking and Penetration Testing Guide supplies a complete introduction to the steps required to…
complete a penetration test, or ethical hack, from beginning to end. You will learn how to properly utilize and interpret the results of modern-day hacking tools, which are required to complete a penetration test. The book covers a wide range of tools, including Backtrack Linux, Google reconnaissance, MetaGooFil, dig, Nmap, Nessus, Metasploit, Fast Track Autopwn, Netcat, and Hacker Defender rootkit. Supplying a simple and clean explanation of how to effectively utilize these tools, it details a four-step methodology for conducting an effective penetration test or hack.Providing an accessible introduction to penetration testing and hacking, the book supplies you with a fundamental understanding of offensive security. After completing the book you will be prepared to take on in-depth and advanced topics in hacking and penetration testing. The book walks you through each of the steps and tools in a structured, orderly manner allowing you to understand how the output from each tool can be fully utilized in the subsequent phases of the penetration test. This process will allow you to clearly see how the various tools and phases relate to each other. An ideal resource for those who want to learn about ethical hacking but don‘t know where to start, this book will help take your hacking skills to the next level. The topics described in this book comply with international standards and with what is being taught in international certifications.This book discusses the extent to which the UK Human Rights Act successfully balances protection of rights and democracy. It…
is generally accepted that the Act prevents government from violating fundamental rights, but the extent to which the Act can legitimately be overridden as a result of public opinion and participation is less clear. The work considers the Act’s effect on this popular element of the British Constitution. It uses analytical tools from republican political theory to explore the claim that the Act achieved a reconciliation between the protection of rights and democracy. In particular, it employs republican analysis of domination to consider how the Human Rights Act could operate so that public opinion invigilates legislative responses to judicial decisions. The key question is whether judicial decisions under the Human Rights Act serve to ‘remove, reduce or replace’ opportunities for the electorate to control judicial decision-making, remembering always that the electorate is seldom engaged in politics, but should it choose to, its ability to do so is at the heart of democracy. The study also examines the difficulty of isolating national constitutional forms where bills of rights are internationalised as with the European Convention on Human Rights. The book will be a valuable resource for students and academics researching constitutional legal theory and comparative constitutional law. While the focus is on the UK HRA, broader theoretical issues of constitutional review will have significant international interest and relevance to domestic debates on a British Bill of Rights.An Historical Introduction to Modern Civil Law (Laws of the Nations Series #3)
Par Thomas Glyn Watkin. 1999
The civil law systems of continental Europe, Latin America and other parts of the world, including Japan, share a common…
legal heritage derived from Roman law. However, it is an inheritance which has been modified and adapted over the centuries as a result of contact with Germanic legal concepts, the work of jurists in the mediaeval universities, the growth of the canon law of the western Church, the humanist scholarship of the Renaissance and the rationalism of the natural lawyers of the seventeenth and eighteenth centuries. This volume provides a critical appreciation of modern civilian systems by examining current rules and structures in the context of their 2,500 year development. It is not a narrative history of civil law, but an historical examination of the forces and influences which have shaped the form and the content of modern codes, as well as the legislative and judicial processes by which they are created are administered.National Environmental Policy (NEPA) Process
Par K. S. Murthy. 1988
This book is mainly about the National Environmental Policy Act (NEPA) of 1969 and the process for its implementation. This…
is most often called theNEPA process. The need for this book arises because, although the awareness for faithful implementation of NEPA has now matured, the method of NEPA implementation is not always known, and hence, needs to be clearly laid out for the benefit of project engineers and the decision makers in government and industry. This book aims to do that.Mechanisms Linking Aging, Diseases and Biological Age Estimation
Par Sara C. Zapico. 2017
This book focuses on four of the hallmarks of aging: aspartic acid racemization, advanced glycation end products, telomere shortening and…
mitochondrial mutations; describing their role in aging and diseases; and their application to age-at-death estimation in forensic sciences in greater depth, displaying the interconnecting pathways among these processes. An additional chapter related to Epigenetics and its role in aging, diseases, and forensic age estimation is also included. This book is aimed at a broad audience: from students being introduced to aging, diseases, and forensic science research to scientists in biomedicine and forensics complementing their knowledge in their respective fields while also increasing their knowledge in other disciplines.Transnational Crime and Policing: Selected Essays (Pioneers In Contemporary Criminology Ser.)
Par James Sheptycki. 2011
This collection of essays on transnational crime and policing covers a broad range of themes: the relationship between global policing…
and the transnational-state-system; the impact of advanced technologies on policing practice; the changing morphology of occupational policing subculture; and the transnational practices of police agencies. The essays include case studies and are based on empirical fieldwork that began in the early 1990s and continued for over a decade well into the post 9-11 period. This collection also provides valuable accounts of the 'secret social world' of transnational police, demonstrates that the developmental trajectory of transnational practices was already established prior to the 'age of Homeland Security' and addresses the controversial issue of how transnational policing in all of its complex manifestations might be made politically accountable in the interests of the general global commonwealth.Ethics, Law and Society: Volume II
Par Søren Holm, Jennifer Gunning. 2006
This key collection brings together a selection of papers commissioned and published by the Cardiff Centre for Ethics, Law &…
Society. It incorporates contributions from a group of international experts along with a selection of short opinion pieces written in response to specific ethical issues. The collection addresses issues arising in biomedical and medical ethics ranging from assisted reproductive technologies to the role of clinical ethics committees. It examines broader societal issues with particular emphasis on sustainability and the environment and also focuses on issues of human rights in current global contexts. The contributors collect responses to issues arising from high profile cases such as the legitimacy of war in Iraq to physician-related suicide. The volume will provide a valuable resource for practitioners and academics with an interest in ethics across a range of disciplines.Co-operative Workplace Dispute Resolution: Organizational Structure, Ownership, and Ideology
Par Elizabeth A. Hoffmann. 2012
Understanding the complex dynamics involved in workplace disputes helps improve the way organizations deal with unwelcome but inevitable occurrences. These…
issues have been researched from different perspectives, but previously such research has failed to ask how flattened organizational form might impact ways of resolving disputes, focusing instead on what occurs in conventional, hierarchical organizations only. In Co-operative Workplace Dispute Resolution, Elizabeth Hoffmann considers the question of how workplace disputes are raised in the absence of formal hierarchy. In contrast to conventionally organized businesses, co-operatives attempt to evenly distribute power and ownership and encourage worker control through egalitarian ideologies, flattened management structures and greater information sharing. Like conventional businesses, though, they still pursue goals relating to profit and efficiency. Dr Hoffmann argues that lessening hierarchy and sharing power, as occurs in co-operatives, provides insight into how greater worker involvement and ownership might operate in a less extreme and more modest form in conventional mainstream business. This book focuses on dispute resolution strategies at matched pairs of worker co-operatives and conventional businesses in three very different industries: coal mining, taxicab driving, and wholefood distribution. The author’s central finding is that the worker co-operative members have access to more dispute resolution strategies than their conventionally employed counterparts. This leads to the conclusion that benefits might be achieved by conventional businesses that wish to embrace specific attributes usually associated with co-operatives, including management-employee cooperation, shared ownership, or greater workplace equality.Routledge Handbook of Corporate Law
Par Roman Tomasic. 2017
The Routledge Handbook of Corporate Law provides an accessible overview of current research in the field, from an international and…
comparative perspective. In recent years there has been an explosion of corporate law research, as this area of law continues to develop rapidly throughout the world. Traditionally, Anglo–American corporate law theory has dominated debates and publications; however, this handbook readdresses the balance by exploring the treatment of corporate law in both Europe and Asia, as well developments in the US and UK. Bringing together a wide range of key thinkers in the field, this volume is divided into three main parts: Thinking about corporate law Corporate law principles and governance Some cross-cultural comparisons Providing up-to-date and authoritative articles covering all the key aspects of corporate law, this reference work is essential reading for advanced students, scholars and practitioners in the field.Politically, Islam in Indonesia is part of a rich multi-cultural mix. Religious tolerance is seen as the cornerstone of relations…
between different faiths - and moderation is built into the country's constitutional framework. However, the advent of democracy coupled with the impact of the South-East Asian economic collapse in 1997, and the arrival of a tough new breed of Middle Eastern Islamic preachers, sowed the seeds of the current challenge to Indonesia's traditionally moderate form of Islam. This volume explores the extent to which moderate Indonesian Islam is able to assimilate leading concepts from Western political theory. The essays in the collection explore how concepts from Western political theory are compatible with a liberal interpretation of Islamic universals and how such universals can form the basis for a contemporary approach to the protection of human rights and the articulation of a modern Islamic civil society.The Global Reach of EU Law (Studies in Modern Law and Policy)
Par Elaine Fahey. 2017
The EU strives to be a leading rule-making organisation with global reach in both economic and non-economic fields. But how…
should we understand the science behind this? This book focuses upon unpacking the uncertainty, the form and directions of the global reach of EU law, as a distinctive form of post-national rule-making. The work examines two central themes: the conceptual development of the global reach and effects of EU law; and the methodology of EU rule-making processes. It considers what specific impact and effects the EU’s rules are having, and its approach to global reach. The book studies the EU’s Area of Freedom, Security and Justice (AFSJ) as a case of a non-economic field offering examples of ways and means in which the global reach of EU law can manifest itself in an evolving and sensitive field. Using this casestudy, the book develops a sharper focus upon the ‘internal’ and ‘external’ elements of EU law which make up our understanding of the global reach of EU law and develops further why global reach is important as a scientific phenomenon. The book will be a valuable resource for researchers and students in the areas of EU law, global governance and the study of law beyond the nation state.Maritime Law (Lloyd's Practical Shipping Guides)
Par Christopher Hill, Yash Kulkarni. 2003
Maritime Law is an exhaustive introduction to this complex area of law. The book is ideal for newcomers and experienced…
professionals requiring an update on the general principles and case law. • Charterparties chapter • Passengers chapter • Salvage – includes developments in case law and introduction of new Lloyd’s Open Form Salvage Agreement • Sale of ship and shipbuilding contracts • Collisions • Oil pollution – Convention on bunker spillsPaul Maharg presents a critical inquiry into the identity and possibilities of legal education, and an exploration of transformational alternatives…
to our current theories and practices of teaching and learning the law. His work takes the view that bodies of interdisciplinary theory and knowledge of the history of legal education are important to all stages of legal education. He also argues that new learning designs - such as transactional learning - need to be developed to help students, educators and lawyers deal with the transitions and challenges facing them now and in the foreseeable future. Throughout, discussions of theory are spliced with case studies of academic and professional legal learning, particularly in the field of technology-enhanced learning. The content of the book will be updated in a community of practice wiki at http://www.transforming.org.uk, which will also allow readers to comment and expand on the book's final chapter.Rules of Law and Laws of Ruling: On the Governance of Law (Law, Justice and Power)
Par Julia Eckert, Franz von Benda-Beckmann, Keebet von Benda-Beckmann. 2009
Offering an anthropological perspective, this volume explores the changing relations between law and governance, examining how changes in the structure…
of governance affect the relative social significance of law within situations of legal pluralism. The authors argue that there has been a re-regulation rather than a de-regulation, propagated by a plurality of regulative authorities and this re-regulation is accompanied by an increasing ideological dominance of rights talk and juridification of conflict. Drawing on insights into such processes, this volume explores the extent to which law is used both as a constitutive legitimation of governance and as the medium through which governance processes take place. Highlighting some of the paradoxes and the unintended consequences of these regulating processes and the ensuing dynamics, Rules of Law and Laws of Ruling will be a valuable resource for researchers and students working in the areas of legal anthropology and governance.Political and Legal Approaches to Human Rights
Par Tom Campbell, Kylie Bourne. 2018
This collection explores and illustrates issues arising from ‘political’ approaches to human rights in contrast to the more traditional ‘moral’…
approaches. Moral approaches conceptualize and justify human rights in terms of priority rights which are both universal and moral. In contrast, political approaches focus on those human rights practices involved in the development and operation of human rights institutions, laws and political process, all in relative independence from their alleged moral foundations. The book contributes to the understanding and analysis of ‘political approaches’, including consideration of their diversity, and discussion of their strengths and weaknesses. The choice of contributors presents a balance between those theorists who favour some version of the political approach and those who are dubious about the perceived advantages. The chapters are grouped together in parts which constitute the distinctive issues addressed in the book. At a time when there is considerable uncertainty concerning their conceptual clarity, operation, feasibility, and their normative justifications, this volume will be of interest to those involved with the theory and practice of human rights, within law schools, and in politics and philosophy departments. It will also provide a useful resource for human rights practitioners and policy makers.European Intellectual Property Law (European Business Law Library)
Par Terence Prime. 2001
This title was first published in 2000: European Intellectual Property is a survey and discussion of the impact of the…
economic principles of the European Community, upon the legal regime for the protection of intellectual property rights within the Community and the laws of its Member States. Beginning with a discussion of the issues arising from the treaty itself and the efforts of both the European Court of Justice and the European Commission through the liberalization of licensing procedures to meet these specific issues, the survey goes on to consider the attempts to achieve harmonization of national laws in the fields of trade marks, patents, industrial design and the wider efforts to create Community wide intellectual property rights.The Global Emergence of Constitutional Environmental Rights (Law, Justice and Ecology)
Par Joshua C. Gellers. 2017
Over the past 40 years, countries throughout the world have similarly adopted human rights related to environmental governance and protection…
in national constitutions. Interestingly, these countries vary widely in terms of geography, politics, history, resources, and wealth. This raises the question: why do some countries have constitutional environmental rights while others do not? Bringing together theory from law, political science, and sociology, a global statistical analysis, and a comparative study of constitutional design in South Asia, Gellers presents a comprehensive response to this important question. Moving beyond normative debates and anecdotal developments in case law, as well as efforts to describe and categorize such rights around the world, this book provides a systematic analysis of the expansion of environmental rights using social science methods and theory. The resulting theoretical framework and empirical evidence offer new insights into how domestic and international factors interact during the constitution drafting process to produce new law that is both locally relevant and globally resonant. Scholars, practitioners, and students of law, political science, and sociology interested in understanding how institutions cope with complex problems like environmental degradation and human rights violations will find this book to be essential reading.