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Books > Law > Laws of other jurisdictions & general law > Social law > General
This second edition of Legal and Ethical Dictionary for Mental Health Professionals confronts the problems arising from a lack of clear understanding of mental health laws or terminologies. Case law continues to show that mental health professionals (MHPS) lose cases because they base their professional actions on incorrect definitions or misunderstandings of legal and ethical terms. Some have been professionally sanctioned or had their licenses revoked as a result of making professional decisions or actions based upon improper understanding of confusing language. This dictionary provides MHPS with clear and concise definitions of legal and ethical terminologies. To enhance the professional's understanding, a professional significance section has been added after the definitions to further comprehension of practical dimensions of the words and to aid in legal and ethical decision-making.
This edited collection is the result of the Voices of Individuals: Collectively Exploring Self-determination (VOICES) based at the Centre for Disability Law and Policy, National University of Ireland Galway. Focusing on the exercise of legal capacity under Article 12 of the UN Convention on the Rights of Persons with Disabilities, the stories of people with disabilities are combined with responses from scholars, activists and practitioners, addressing four key areas: criminal responsibility, contracts, consent to sex, and consent to medical treatment. Sustainable law and policy reforms are set out based on the storytellers' experiences, promoting a recognition of legal capacity and supported decision-making. The perspectives are from across a wide range of disciplines (including law, sociology, nursing, and history) and 13 countries. The volume is a valuable resource for researchers, academics and legislators, judges or policy makers in the area of legal capacity and disability. It is envisaged that the book will be particularly useful for those engaged in legal capacity law reform processes worldwide and that this grounded work will be of great interest to legislators and policy makers who must frame new laws on supported decision making in compliance with the UNCRPD.
Food products with genetically modified (GM) ingredients are common, yet many consumers are unaware of this. When polled, consumers say that they want to know whether their food contains GM ingredients, just as many want to know whether their food is natural or organic. Informing consumers is a major motivation for labeling. Consumers who want GM-free products will pay a premium to support voluntary labeling. Labeling need not be mandatory. When polled, consumers say that they want to know whether their food contains GM ingredients, just as many want to know whether their food is natural or organic. Informing consumers is a major motivation for labeling. Why do consumers want to know about GM ingredients? GM foods are tested to ensure safety and have been on the market for more than a decade. Still, many consumers, including some with food allergies, want to be cautious. Also, GM crops may affect neighboring plants through pollen drift. Despite tests for environmental impact, some consumers may worry that GM crops will adversely effect the environment. The study of risk and its management raises questions not settled by the life sciences alone. This book surveys various labeling policies and the cases for them. It is the first comprehensive, interdisciplinary treatment of the debate about labeling genetically modified food. The contributors include philosophers, bioethicists, food and agricultural scientists, attorneys/legal scholars, and economists.
Professional Emotions in Court examines the paramount role of emotions in the legal professions and in the functioning of the democratic judicial system. Based on extensive interview and observation data in Sweden, the authors highlight the silenced background emotions and the tacitly habituated emotion management in the daily work at courts and prosecution offices. Following participants 'backstage' - whether at the office or at lunch - in order to observe preparations for and reflections on the performance in court itself, this book sheds light on the emotionality of courtroom interactions, such as professional collaboration, negotiations, and challenges, with the analysis of micro-interactions being situated in the broader structural regime of the legal system - the emotive-cognitive judicial frame - throughout. A demonstration of the false dichotomy between emotion and reason that lies behind the assumption of a judicial system that operates rationally and without emotion, Professional Emotions in Court reveals how this assumption shapes professionals' perceptions and performance of their work, but hampers emotional reflexivity, and questions whether the judicial system might gain in legitimacy if the role of emotional processes were recognized and reflected upon.
With cities increasingly following rigid rules for designing out crime and producing spaces under surveillance, this book asks how information shapes bodies, space, and, ultimately, policymaking. In recent years, public spaces have changed in Western countries, with the urban realm becoming an ever-more monitored, privatised, homogeneous, and aseptic space that has lost its character, uniqueness, and diversity in the name of 'security'. This underpins precise moral and political choices in terms of what a space should be, how it can be used, and by whom. These choices generate material consequences concerning urban inequality and freedom, or otherwise, of movement. Based on ethnographic and autoethnographic explorations in London's 'criminal' spaces, this book illustrates how rules, policies, and moral values, far from being abstract concepts, are in fact material. Outlining the basis of a new urban information ethics, the book both exposes and challenges how moral values and predefined categories are applied to, and materially shape, the movement of bodies in urban space with regard to crime and security policies. Drawing on Gilbert Simondon's information theory and a wide range of work in urban studies, geography, and planning, as well as in surveillance studies, object-oriented ontology, and contemporary theoretical work on both materiality and affect, the book provides a radically new perspective on urban space in general, and crime and security in particular. This book uses a balanced mix of theoretical concepts and empirical study to bring theory and practice together in an intertwining of ethnography and autoethnography. This book will be of interest to students and scholars in the fields of urban studies, urban geography, sociology, surveillance studies, legal theory, socio-legal studies, planning law, environmental law, and land law.
It is the condition of modernity that an institution cannot depend on a god, tradition, or any other transcendental source to secure its foundations, which thereby come to rest upon - or rather in, and through - its subjects. Never wholly separated from its subjects, and yet never identical with them: this contradictory condition provides a way of seeing how modern law gives form to life, and how law takes form, enlivened by its subjects. By driving Theodor Adorno's dialectical philosophy into the concept of law, the book shows how this contradictory condition enables law to become instituted in ways that are hostile to its subjects, but also how law remains open to its subjects, and thus disposed towards transformation. To flesh out an understanding of this contradiction, the book examines the making and remaking of "Liberia", from its conception as an idea of liberty at the beginning of the nineteenth century to its reconstruction at the beginning of the twenty-first with the assistance of an international intervention to "establish a state based on the rule of law". In so doing, the book shows how law is at the epicentre of a colonising power in Liberia that renders subjects as mere objects; but at the same time, the book exposes the instability of this power, by showing how law is also enlivened by its subjects as it takes form in and through their lives and interactions. It is this fundamentally contradictory condition of law that ultimately denies power any absolute hold, leaving law open to the self-expression of its subjects.
A consensus has emerged that corporations have societal and environmental responsibilities when operating transnationally. However, how exactly corporations can be held legally accountable for their transgressions, if at all, is less clear. This volume inquires how regulatory tools stemming from international law, public law, and private law may or may not be used for transnational corporate accountability purposes. Attention is devoted to applicable standards of liability, institutional and jurisdictional issues, and practical challenges, with a focus on ways to improve the existing legal status quo. In addition, there is consideration of the extent to which non-legal regulatory instruments may complement or provide more viable alternatives to these legal mechanisms. The book combines legaldoctrinal approaches with comparative, interdisciplinary, and policy insights with the dual aim of furthering the legal scholarly debate on these issues and enabling higher quality decision-making by policymakers seeking to implement regulatory measures that enhance corporate accountability in this context. Through its study of contemporary developments in legislation and case law, it provides a timely and important contribution to the scholarly and sociopolitical debate in the fastevolving field of international corporate social responsibility and accountability.
With more people living longer lives, there is increased importance in the health care industry on improving services for the elderly. This comprehensive book gives an expert overview of the topics and challenges, along with imperative ethical and legal frameworks. The book also details existing programs and benefits in relation to a realistic portrayal of population needs. Other important issues are covered such as long-term palliative care and hospice, other vulnerable populations, elder abuse, public-private collaboration, evidence-based policy-making, and much more.
This ground-breaking collection reflects the growing momentum of interest in the international legal community in meshing the insights of queer legal theory with those critical theories that have a much longer genealogy - notably postcolonial and feminist analyses. Beyond the push in the human rights field to ensure respect for the rights of people with diverse sexual orientations and gender identities, queer legal theory provides a means to examine the structural assumptions and conceptual architecture that underpin the normative framework and operation of international law, highlighting bias and blind spots and offering fresh perspectives and practical innovations. The contributors to the book use queer legal theory to critically analyse the basic tenets and operations of international law, with many surprising, thought-provoking and instructive results. The volume will be of interest to many scholars, students and researchers in international law, international relations, cultural studies, gender studies, queer studies and postcolonial studies.
Despite some significant advances in the creation and protection of rights affecting women's health, these do not always translate into actual health benefits for women. This collection asks: 'What is an effective law and what influences law's effectiveness or ineffectiveness? What dynamics, elements, and conditions come together to limit law's capacity to achieve instrumental goals for women's health and the advancement of women's health rights?' The book presents an integrated, co-referential and sustained critical discussion of the normative and constitutive reasons for law's limited effectiveness in the field of women's health. It offers comprehensive and cohesive explanatory accounts of law's limits and for the first time in the field, introduces a distinction between formal and substantive effectiveness of laws. Its approach is trans-systemic, multi-jurisdictional and comparative, with a focus on six countries in North America, Europe, Asia, and Africa and international human rights case law based on matters arising from Hungary, Portugal, Spain, Slovakia, the Czech Republic, Peru and Bolivia. The book will be a valuable resource for educators, students, lawyers, rights advocates and policymakers working in women's health, socio-legal studies, human rights, feminist legal studies, and legal philosophy more broadly.
Geriatric Rehabilitation addresses the fact that this is an age in which individuals have increasing longevity, better health care, education and expectations of health care which present new, increasing and even radical challenges to health care providers. The care of our older patients in rehabilitation settings demands the broad understanding of the key differences in strategies to care for older adults. The combined skills embraced in rehabilitation and geriatrics are presenting unprecedented opportunities for both fields to make substantive and even ground-breaking improvements in the lives of millions of older adults who entrust their lives to us. Rarely in one's medical career are such opportunities so evident and achievable. Geriatric Rehabilitation edited by Dr. K. Rao Poduri, MD. FAAPMR draws on a distinguished group of authors who are the front-line providers of care to the older adults. This book presents the full spectrum of the unique care needs of older patients who need the combined skills of physical medicine and geriatrics. It provides an easily accessible means of acquiring and improving these new skills for all those involved in geriatric care.
This work provides an analytical and comparative analysis of the development of charity law, as well as providing a critical commentary on a number of contemporary changes within the charity law field across a range of common law jurisdictions. The book follows earlier studies which cover a similar, and traditional, jurisdictional spread, but which are now dated. It further considers in detail charity law issues within Hong Kong and Singapore, about which there has been historically more limited charity law discussion. The area is growing in terms of practical legal and academic interest.
Law, Palliative Care and Dying critically examines the role of the legal framework in shaping the boundaries of palliative care practice. The work underlines the importance of a distinct legal framework for specialist palliative care which can provide clarity for both the healthcare professional and the patient. It examines the legal and ethical justifications for specialist palliative care practices and, in doing so, it questions the legitimacy of the distinction between euthanasia and practices such as palliative sedation. Moreover, this work discusses the influence of a human rights discourse on palliative care and examines the contribution of autonomy, dignity, and the right to palliative care. This book includes detailed comparative research on several European jurisdictions. The jurisdictions illustrate varied approaches to palliative care regulation and promotion. In this manner, the role of professional guidelines and legislation are drawn out and common themes in the regulation of palliative care emerge.
This monograph makes a major new contribution to the historiography of criminal justice in England and Wales by focusing on the intersection of the history of law and crime with medical history. It does this through the lens provided by one group of historical actors, medical professionals who gave evidence in criminal proceedings. They are the means of illuminating the developing methods and personnel associated with investigating and prosecuting crime in the eighteenth and nineteenth centuries, when two linchpins of modern society, centralised policing and the adversarial criminal trial, emerged and matured. The book is devoted to two central questions: what did medical practitioners contribute to the investigation of serious violent crime in the period 1700 to 1914, and what impact did this have on the process of criminal justice? Drawing on the details of 2,600 cases of infanticide, murder and rape which occurred in central England, Wales and London, the book offers a comparative long-term perspective on medico-legal practice - that is, what doctors actually did when they were faced with a body that had become the object of a criminal investigation. It argues that medico-legal work developed in tandem with and was shaped by the needs of two evolving processes: pre-trial investigative procedures dominated successively by coroners, magistrates and the police; and criminal trials in which lawyers moved from the periphery to the centre of courtroom proceedings. In bringing together for the first time four groups of specialists - doctors, coroners, lawyers and police officers - this study offers a new interpretation of the processes that shaped the modern criminal justice system.
The study of news and news practice is rich in examinations of what journalists owe to society. However, this book looks at what journalists can expect from society: what roles ownership structures, colleagues, governments and audiences should play so journalists can do their jobs well - and safely. What Journalists Are Owed draws on a variety of research perspectives - legal and ethical analysis, surveys, interviews and content analysis - in different national settings to look at how those relationships among stakeholders are developing in a time of rapid and often unsettling chance to the political and economic environments that surround journalism. Journalism can be a risky business. This book opens some discussions on those risks can be described and mitigated. There's no shortage of writing about what journalists owe society - but if society wants journalism done well, what does it owe journalists in return? This volume opens a discussion on the cultural, legal-system and professional agreements that societies should provide so journalists can do their jobs in increasingly hostile political environments. This book was originally published as a special issue of Journalism Studies.
For a long time, various different lobbying sectors have claimed that the use of video technology is an effective aid in decision-making. Now the IFAB has taken a historic step in the approval of experiments on the use of video to provide support to football refereeing. The Use of Video Technologies in Refereeing Football and Other Sports analyses the capacity of audio-visual technology from different perspectives to help understand the best implementation of the Video Assistant Referee (VAR) system in football and, more generally, in other sports. This book addresses in-depth interdisciplinary viewpoints on the need and the opportunity of the implementation procedures regarding how to use it, considering that it could lead to very important changes. The book goes on to examine various approaches to the most interesting topics for players, amateurs, coaches, referees and referees coaches. Offering viewpoints from both academics and professionals, this new volume addresses the VAR issue in a multidisciplinary way, analysing the implications of video replay application in football from the perspective of players, coaches, television professionals, referees, amateurs, sports lawyers, media and educators.
Specifically designed to address the needs of all specialists involved in the care of chronic pain patients, this source clarifies the ethical and legal issues associated with the diagnosis, assessment, and care of patients suffering from long-term pain. Divided into five comprehensive sections, this source covers a variety of topics to help the chronic pain clinician gain perspective on the interaction between ethics, the law, and the provision of medical services.
Interactional Justice explores how defence lawyers accomplish their role in interaction with others and highlights the ways in which they do loyalty work - constructing and conveying loyalty in emotionally and interactionally constraining situations. By drawing on extensive ethnographic fieldnotes and interviews with lawyers, this sociological study brings their loyalty work to life and reveals to the reader the unwritten rules of emotional interactions. It presents how defence lawyers socially construct their duty of loyalty by negotiating informal and implicit professional and social expectations. This accomplishment demands emotion work and face work in order to perform a role which includes defending clients accused of heinous crimes and "losing" the majority of cases. As the defence team is central to this, the ways of doing teamwork are illustrated. Teamwork is also found to be essential between legal professionals to ensure that a criminal trial runs smoothly. All of this takes place within an overarching framework - the emotional regime of law - which aims to uphold the illusionary dichotomy between rationality and emotionality thus quietening the role of emotions. Loyalty and teamwork are features of many professions, workplaces, and aspects of social life making this book an essential tool for understanding strategies for their accomplishment. Focusing on courtroom emotions and interactions, the book suggests how trials can be made more user-friendly and provides guidance for newly qualified legal professionals. The use of ethnographic fieldnotes and interviews provides scholars and students in the social sciences, teaching, law, and medicine with a colourful monograph which reveals and explains emotion and interaction rules. It also makes this book a useful tool for teaching and understanding qualitative research methods.
This volume addresses contemporary challenges, enabled by modern technology, that concern upholding freedom of speech where it conflicts with social rights, such as respect for private and family life, and with economic rights, such as the freedom to conduct business or the right to free movement. In today's networked world, technological shifts happen faster than most people even realize. Some of these shifts have made us all potentially powerful: media powerful. We used to sit in silence in front of newspapers and TV screens, and the world was explained to us by just a few sources. Today, thanks to the Internet, social media, and Web 2.0, we can not only share our own thoughts with everyone in a more self-determined way, but we can also take part in public debate and even co-shape it ourselves. Of course, the Internet is not a counter-design to the communication (power) structures of the past. Gains in communicative self-determination are threatened due to algorithmisation, platformisation, and value extraction from self-created private markets. At the same time, the empowerment of the individual challenges the old "grand speakers" who are suddenly detecting "fake news", echo chambers, and filter bubbles everywhere on the Internet. Internet-based communication allegedly hinders us from the "one truth"; as if newspaper hoaxes, propaganda, and narrow-mindedness were an invention of the Internet. The current heated debate over "fake news", copyright, and "upload filters" shows that we are unsure of how to deal with the newer and more complex phenomena of Internet-based speech. This is due in no small part to the fact that an important benchmark - our constitutional compass - is still firmly rooted in the past. Constitutions change far more slowly than technologies. Societal changes can drive constitutional changes; but what about normative content control? Today, there are already demands for "old-school clarity": truth filters on social media platforms, horrendous sums of liability for platforms that encourage (overly)thorough cleaning up. However, it is equally true that private individuals "regulate": they decide what is found on the Internet and who may post on a given platform. Accounting for all interests at play and striking a "fair" balance that avoids both a public and private over- and under-regulation is a complex matter. The authors of this volume not only provide reflections in their highly topical contributions, but also share their understanding of what constitutes a fair balance within the larger frame of freedom of speech in a digital age.
Each of the four volumes in this set, as well as each volume independently, provide comparative analyses for researches, practitioners, and students of the law and education In examining law and education in various countries around the world. Designed to allow readers to learn from, rather than copy, the legal and educational systems in these volumes, the books are designed to generate thought and conversation on how education can be improved around the world. By having chapter authors, leading academicians in the home countries, follow the same template so it can be easier to compare similarities and differences, thereby helping to make the book user friendly. The value of these books is that they should help to enhance international awareness of the similarities and advantages associated with bringing together knowledge from various countries concerning education law. Volume 2, encompassing Selected Nations in Asia, namely China, Israel, Palestine, South Korea, and Turkey, consists of detailed analysis of educational law and systems in these representative countries so researchers and students there and elsewhere can learn from one another.
This title was first published in 2003.Justice, Humanity and the New World Order offers a refreshing analysis of current jurisprudential concerns regarding the new world order, by examining them in the intellectual context of the late eighteenth-century Enlightenment. After setting the historical context, the author investigates aspects of Enlightenment political culture as well as aspects of the new world order, including international relations, the European Union and human rights. In conclusion, the author introduces the concept of a new humanism, which he suggests, drawing on certain aspects of Enlightenment political philosophy, can complement the new world order.
This title was first published in 2001. This work is a uniquely multi-disciplinary contribution to the existing bioethical literature on the topic of informed choice of medical services. It is also the first comprehensive bioethical text to confront the central issue of power in the clinical encounter and to argue for statutory protection of the right to informed choice. While the majority of bioethicists argue for a conciliatory, rather than adversarial, approach to the chronic problem of uninformed consent, the author of this work argues that the external regulation of medicine is essential if the right to informed choice is to be protected. This argument is based upon an extensive review of the bioethical, legal, political, medical, sociological and philosophical literature, as well as a wide range of empirical and anecdotal evidence, evolving from a detailed exploration of power and the limits of rationality in the clinical encounter.
Fraudulent, harmful, or at best useless pharmaceutical and therapeutic approaches developed outside science-based medicine have boomed in recent years, especially due to the commercialisation of cyberspace. The latter has played a fundamental role in the rise of false 'health experts', and in the creation of filter bubbles and echo chambers that have contributed to the formation of highly polarised debates on non-science-based health practices-online as well as offline. By adopting a multidisciplinary approach, this edited book brings together contributions of international academics and practitioners from criminology, digital sociology, health psychology, medicine, law, physics, and journalism, where they critically analyse different types of non-science-based health approaches. With this volume, we aim to reconcile different scientific understandings of these practices, synthesising a variety of empirical, theoretical and interpretative approaches, and exploring the challenges, implications and potential remedies to the spread of dangerous and misleading health information. This edited book will offer some food for thought not only to students and academics in the social sciences, health psychology and medicine among other disciplines, but also to medical practitioners, science journalists, debunkers, policy makers and the general public, as they might all benefit from a greater awareness and critical knowledge of the harms caused by non-scientific health practices.
Written in accessible language, this book provides a comprehensive analysis of a topical subject that is being widely debated across Europe. The work presents an overview of emerging case law from the European Court of Human Rights and the Court of Justice of the European Union, as well as from national courts and equality bodies in European countries, on the wearing of religious symbols in public spaces. The author persuasively argues that bans on the wearing of religious symbols constitutes a breach of an individual's human rights and contravene existing anti-discrimination legislation. Fully updated to take account of recent case law, this second edition has been expanded to consider bans in public spaces more generally, including employment, an area where some of the recent developments have taken place.
This book addresses the conceptual and evidentiary issues relating to the treatment of propaganda in international criminal law. Bringing together an interdisciplinary range of scholars, researchers and legal practitioners from Africa, Australia, Europe and the United States, the book provides an in-depth analysis of the nature, position and role of the concept of propaganda in mass atrocity crimes trials. A sequel to the earlier Propaganda, War Crimes Trials and International Law: From Speakers' Corner to War Crimes (Routledge, 2011) this book is the first to synthesize the knowledge, procedures and methods of international criminal law with the social cognitive sciences. Including a comprehensive overview of the most relevant case law, jurisprudence and scientific studies, the book also offers a series of practical insights and strategies for both academics and legal professionals. An invaluable resource for those working in the area of international criminal law, this book will also be of interest to academics, practitioners and students with relevant interests in legal theory, politics, linguistics and psychology. |
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