This book restores to us an understanding that was once settled in the "moral sciences": that there are propositions, in morals and law, which are not only true but which cannot be otherwise. It was understood in the past that, in morals or in mathematics, our knowledge begins with certain axioms that must hold true of necessity; that the principles drawn from these axioms hold true universally, unaffected by variations in local "cultures"; and that the presence of these axioms makes it possible to have, in the domain of morals, some right answers. Hadley Arkes restates the grounds of that older understanding and unfolds its implications for the most vexing political problems of our day. The author turns first to the classic debate between Abraham Lincoln and Stephen Douglas. After establishing the groundwork and properties of moral propositions, he traces their application in such issues as selective conscientious objection, justifications for war, the war in Vietnam, a nation's obligation to intervene abroad, the notion of supererogatory acts, the claims of "privacy," and the problem of abortion.

This volume concerns the rights and obligations of the individual in three critically important contexts: employment relations, family relations and the ownership of immovable property. The development of these legal institutions has helped to transform economic and social relations in contemporary China. In this volume, the articles illustrate firstly a shift away from close state control towards greater freedom for enterprises to use human and natural resources to achieve economic growth and for citizens to pursue their personal lives. More recently, the government has responded to public demands for greater security in employment, home ownership and agricultural land rights with new primary legislation, including the Employment Contract Law and Property Rights Law. Yet, as this volume also shows, the Communist Party has been reluctant to allow empowerment of the individual to threaten other public policy goals, such as the state's ultimate control over the conditions of employment or land use.

This book introduces students to the great debates in EU law. Rather than simply presenting traditional approaches that provide descriptions (often in historical order) of substantive and constitutional elements of Union law, this book clusters material around these debates in an engaging and lively way. By offering concise analyses of core dilemmas and tensions in EU law, the book provides a different kind of introduction, one that helps students place the discussions within a boarder context and narrative. The authors have found in their teaching that students often struggle with individual aspects and materials without understanding broader narratives, which are traditionally developed in monographs or journal articles that are beyond the reach of undergraduate readers.

This title is endorsed by Cambridge International to support the full syllabus for examination from 2023 Build strong subject knowledge and skills with the only published course to offer full and comprehensive coverage of the syllabus for examination from 2023. -Engage with relevant and up-to-date case examples to illustrate key topics. - Build knowledge with key elements covered and skills-targeted activities throughout. - Test understanding with a range of activities and exam-style questions. - Extend learning with Internet research boxes providing opportunities to delve further into topics.

An examination of the conflict between the entrenched legal orthodoxy and the Progressive movement. Horwitz traces the crystallization of Progressive thought, and in so doing, charts the modern development of American Law.

This second edition is fully revised, expanded and updated to include all recent developments in Irish defamation law. It contains analysis of all the elements of the tort of defamation, defences to a defamation action, damages and other reliefs, the application of human rights law in the context of defamation, the application of practice and procedure rules in defamation cases and a body of useful precedents. This new edition includes: * An in-depth analysis of the important recent developments in relation to damages in defamation cases both in the Irish courts and the European Court of Human Rights including the Supreme Court decision in McDonagh v Sunday Newspapers Ltd and the ECHR decision in Independent Newspapers (Ireland) Ltd v Ireland; * An examination of the statutory 'offer to make amends' defence and the approach and role of both the judge and jury including the Supreme Court decision in Higgins v Irish Aviation Authority ; * An examination of the application of defamation actions in relation to social media publications and other forms of internet communications; * An exploration of possible reforms of Irish defamation law, the pitfalls and challenges that lay ahead. Defamation: Law and Practice , Second Edition provides an in-depth analysis and comprehensive coverage of defamation law in Ireland including substantive and procedural law and is Ireland's leading text on defamation law having been cited several judgments in the superior courts in Ireland

Die vorliegende, mit Erlauterungen versehene Zusammenstellung der internationalen Abkommen auf dem Gebiete des gewerblichen Rechtsschutzes ist nicht nur fur den Fachmann bestimmt, sondern solI auch dem Erfinder und Gewerbetreibenden die Moglichkeit geben, sich uber die Bestimmungen und Wirkungen dieser Gesetze zu unterrichten. Die groBte Bedeutung unter diesen Vertragen besitzen "Die Internationale Union zum Schutze des gewerblichen Eigentums" und "Das Madrider Abkommen betr. die internationale Eintragung von Fabrik- und Handelsmarken." "Das Madrider Abkommen zur Unterdruckung der falschen Herkunftsangaben" ist ebenfalls abgedruckt, obwohl Deutsch land ihm noch nicht beigetreten ist. Der AnschluB Deutschlands steht jedoch in Erwagung und kann in Kurze erwartet werden. Bei der groBen Wichtigkeit, welche heute dem internationalen Verkehr sowohl fur den Austausch von Waren als auch von Er findungen zukommt, machte sich das Bedurfnis nach einer Zu sammenstellung der bezuglichen Gesetze mit Erlauterungen unter Berucksichtigung der neuesten Rechtsprechung geltend. Berlin 1924. Patentanwalt Dr. Albert Marek. Inhaltsverzeichnis. Seite A. Die internationale Union zum Schutze des gewerbIichen Eigentums. 1. Einleitung I 2. Kurze geschichtliche Ubersicht 3 3. Text del' Union und Ausfiihrungsverordnungen: a) Text der Union. . . . . . . . . .: . . . . . . . 5 b) Deutsches Gesetz zur Ausfiihrung der Union 14 c) Bekanntmachung (Deutschland) zur Geltendmachung des Prioritatsrechts . . . . . . . . . . . . . . . . . 17 . . 4. Erlauterungen: Art. 1. Der Union angehOrende Staaten . 17 2. Gleichberechtigung der Auslander mit den Inlandern 19 3. Gleichberechtigung durch Wohnsitz oder Hauptnieder. lassung 29 " 4. Prioritatsrecht. 31 5. Ausiibungszwang. 46 Fabrik. und Handelsmarken 49 " 6."

Sex, privilege, corruption, and revenge--these are elements that we expect to find splashed across today's tabloid headlines. But 17th century England saw a sex scandal that brought disgrace to the ruling class and ended with the beheading of an earl.

In A House in Gross Disorder, Cynthia Herrup presents a strikingly new interpretation of the case of the 2nd Earl of Castlehaven and of the sexual and social anxieties it cast into such bold relief. Castlehaven was convicted of assisting in the rape of his own wife and of committing sodomy with his servants. But more than that, he stood accused of inverting the natural order of his household by reveling in rather than restraining the intemperate passions of those he was expected to rule and protect. Herrup argues that because an orderly house was considered both an example and endorsement of aristocratic governance, the riotousness presided over by Castlehaven was the most damning evidence against him. Avoiding simple conclusions about guilt or innocence, Herrup focuses instead on the fascinating legal, social and political dynamics of the case and its subsequent retellings. In riveting prose, she reconsiders a scandal that still speaks to contemporary anxieties about sex, good governance, and the role of law in regulating both.

This monograph intervenes in the long-standing and controversial debate on the socio-economic orientation of the European Union. Arguing that the European economic constitution is pluralist in the sense that it does not favour any specific socio-economic paradigm, it shows that European law allows the pursuit of very different regulatory projects by the European and the national legislators. This pluralist character of the European economic constitution stands in an uncomfortable relationship with the policies currently pursued by the European Union, which are often neoliberal in their orientation. The book takes an interdisciplinary approach: it analyses the Treaty on the Functioning of the European Union as interpreted and developed in the case law of the Court of Justice, its history, and its regulatory purpose in the light of conflicting socio-economic paradigms. By challenging the orthodoxy, the book makes a bold proposition that will likely resonate in both European economic law scholarship and European law in general. With the ongoing economic crisis triggering a significant interest in economic questions among legal scholars it is particularly timely and topical.

Security is a key topic of our time. But how do we understand it? Do law and religion take different views of it? In this fifth volume in the Law and Religion in Africa series, radicalisation, terrorism, blasphemy, hate speech, religious freedom and just war theories rub shoulders with issues of witchcraft, female genital mutilation circumcision, child marriage, displaced communities and additional issues besides. This unique collection of topics is both challenging and inspiring, providing illumination in troubled times, and forming a sound foundation for future scholarship.

Born from the ashes of the Second World War as one of the most ambitious and successful parts of the plan for the reconstruction of Western Europe, European integration has been immersed in a deep economic and institutional crisis for more than a decade. This difficult situation is also threatening to erode one of its most original and valuable elements: the establishment of a supranational rule of law among the Member States of the European Union that provides a solid framework for their peaceful, ordered, and fair relations. This book, which is based on the general course given at the Academy of European Law in Florence in July 2015, puts the innovative initial choices made by the drafters of the Treaties and by the Court of Justice of the Union in their proper historical perspective, understanding Union law as a tool of civilisation. Its current decline is explained as a consequence of the waning of the initial impetus behind integration, of the growing complexity and challenges of the Union system, and of the ambivalent attitude of the Member States regarding their common creation. These themes are explored focusing on a number of fundamental structural issues: the principle of primacy, the national limits to it and the theory of constitutional pluralism; the state of health of the preliminary rulings procedure; Union citizenship, equality and human dignity; the scope of the Charter of Fundamental Rights and the standard of protection of those rights; and the rigidity and fragmentation of the Union system in connection with the increasing use of international law as a softer alternative to Union law. In all these areas, the book presents a fascinating story of decay and resistance, a story that is unfolding at present, and whose fate is closely linked to the future political shape of Europe.

Since its formation, the European Union has expanded beyond all expectations; this seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. The European Union has the complexity and depth of a mature legal system, albeit one which is constantly in flux and whose content and foundations are constantly contested. Its law has developed beyond the single market and institutional matters into many other fields including environmental, fiscal, labour, immigration and criminal law. It is studied at undergraduate and postgraduate level throughout the Member States and beyond; an understanding of it is essential to those who study the EU from other disciplinary perspectives as well as to legal practitioners and policy-makers. The Oxford Handbook of European Union Law comprises eight sections examining how we are to conceptualise EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary and fiscal union; the Area of Freedom, Security and Justice; and what lies beyond the regulatory state. Each chapter summarises, analyses and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. The resulting collection provides a vivid and provocative tapestry which will be widely used both inside and outside academia by those who are interested in the law underpinning the EU and its policies.

When such an issue with deep and powerful cultural resonance as firearms is given the full attention of the nation, the challenges involved with confronting the complex interconnectedness of law, public safety, Constitutional rights, policy, technology, market forces, and other concerns seem only amplified. With careful consideration, however, untangling the various components of the issue is possible, and an investigation of technology can be accomplished with minimal diversion into the other realms. This report examines existing and emerging gun safety technologies and their availability and use to provide a comprehensive perspective on firearms with integrated advanced safety technologies. These firearms are known by various terms such as smart guns, user-authorized handguns, childproof guns, and personalized firearms. A "personalized firearm" can be understood to utilize integrated components that exclusively permit an authorized user or set of users to operate or fire the gun and automatically deactivate it under a set of specific circumstances, reducing the chances of accidental or purposeful use by an unauthorized user. A report published in 2005 entitled Technological Options for User- Authorized Handguns: A Technology-Readiness Assessment discussed this in the context of two defined types of handgun owner: (1) people responsible for public safety (i.e., law-enforcement personnel) and (2) people concerned with personal safety and handgun misuse, particularly by children, in the home (i.e., homeowners).1 The National Academy of Engineering (NAE) Committee on User-Authorized Handguns published this report seeking to clarify the technical challenges of developing a reliable user-authorized handgun (UAHG) to reduce certain types of handgun misuse. The goal of this work is to provide an objective, neutral perspective on existing and emerging gun safety technologies and their availability and use today. In assessing what technologies and products exist or may exist in the near future, it is important to clarify what the technologies can and cannot do, to distinguish the difference between fact and fiction, and to manage expectations about how these firearms could reasonably be expected to perform. The material presented here should be considered in a sober manner with the understanding that the use or misuse of any firearm regardless of what technology may or may not be integrated could lead to injury or death. Any information presented here shall not be construed to be an endorsement of any particular technology, developer, patent, company, or approach. Furthermore, any information that may not be included here shall not be construed as disapproval. Finally, given the various perspectives and opinions on firearms, any topic discussed here with a nexus to technology that may also overlap with another dimension of the greater national conversation about firearms shall not be construed to be a substantive discussion of the topic outside of the technologically focused perspective presented here.

This text deals with the basic concepts of the law and explains the operation of the law and the administration of justice. It features practical exercises at the end of each chapter to help the student develop the ability to analyse information and apply knowledge. Another feature is the appendixes in which step-by-step explanations are given of how to research and apply primary sources of the law such as statutes and decisions in court.