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Books > Law > Laws of other jurisdictions & general law > Social law > General
This book provides an overview of disability exceptions to copyright infringement and the international and human rights legal framework for disability rights and exceptions. The focus is on those exceptions as they apply to visual art, while the book presents a comprehensive study of copyright's disability exceptions per se and the international and human rights law framework in which they are situated. 3D printing now allows people with a visual impairment to experience 3D reproductions of paintings, drawings and photographs through touch. At the same time, the uncertain application of existing disability exceptions to these reproductions may generate concerns about legal risk, hampering sensory art projects and reducing inclusivity and equity in cultural engagement by people with a visual impairment. The work adopts an interdisciplinary approach, with contributions from diverse stakeholders, including persons with disabilities, cultural institutions and the 3D printing industry. The book sketches the scene relating to sensory art projects. Experts in intellectual property, human rights, disability and art law then critically analyse the current legal landscape relating to disability access to works of visual art at both international and regional levels, as well as across a broad representative sample of national jurisdictions, and identify where legal reform is required. This comparative analysis of the laws aims to better inform stakeholders of the applicable legal landscape, the legal risks and opportunities associated with sensory art and the opportunities for reform and best practice guidelines, with the overarching goal of facilitating international harmonisation of the law and enhanced inclusivity.
Efficient mobile systems that allow for vital sign monitoring and disease diagnosis at the point of care can help combat issues such as rising healthcare costs, treatment delays in remote and resource-poor areas, and the global shortage of skilled medical personnel. Covering everything from sensors, systems, and software to integration, usability, and regulatory challenges, Mobile Point-of-Care Monitors and Diagnostic Device Design offers valuable insight into state-of-the-art technologies, research, and methods for designing personal diagnostic and ambulatory healthcare devices. Presenting the combined expertise of contributors from various fields, this multidisciplinary text: Gives an overview of the latest mobile health and point-of-care technologies Discusses portable diagnostics devices and sensors, including mobile-phone-based health systems Explores lab-on-chip systems as well as energy-efficient solutions for mobile point-of-care monitors Addresses computer vision and signal processing for real-time diagnostics Considers interface design for lay healthcare providers and home users Mobile Point-of-Care Monitors and Diagnostic Device Design provides important background information about the design process of mobile health and point-of-care devices, using practical examples to illustrate key aspects related to instrumentation, information processing, and implementation.
Research on law's relationship with time has flourished over the past decade. This edited collection aims to put law and time scholarship into wider context, advancing conversations on time and temporalities between socio-legal scholars, anthropologists, sociologists, geographers and historians. Through a diverse range of contributions, the collection explores how legal modalities of time emerge and have effects within wider clusters of social and political action. Themes include: law's diverse roles in maintaining linear historicist models of time; law's participation in the materialisation of times; and the unsteady effects of temporal pluralism and polytemporalities in law. De-naturalising the 'time' in law and time scholarship, this collection positions time as something that can be enacted and materialised as well as experienced, with distinct implications for questions of social justice. Chapter 6 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license. https://s3-us-west-2.amazonaws.com/tandfbis/rt-files/docs/Open+Access+Chapters/9780415792219_oachapter6.pdf The Introduction of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license. https://s3-us-west-2.amazonaws.com/tandfbis/rt-files/docs/Open+Access+Chapters/9780415792219_oaintroduction.pdf
This book is both an introductory text and reference guide to the main issues facing journalists today, including social media, fake news, and regulators. The text covers the law of the United Kingdom - including Scots and Northern Irish devolved legislation - as well as human rights and EU laws. This book covers essential areas such as: privacy, confidentiality, freedom of expression and media freedom, defamation, contempt of court, regulation of the print press and broadcast regulation as well as discussions on fake news and how to regulate online harm. There is a section on intellectual property law, covering mainly copyright. Court reporting and how to report on children, young people and victims of sexual offences receive particular attention in this book with relevant cases in user-friendly format. The engaging writing style is aimed to enthuse students, practitioners and lecturers with plenty of examination and practice materials. The text is packed with extensive learning aids including case studies, boxed notes, sample examination questions, appendices of statutes and cases and a glossary. It is intended as a complete course textbook for students and teachers of journalism, media, communications and PR courses, focusing on diploma courses, NCTJ examinations and broadcast journalism courses such as the BJTC. The book's international focus would also make it ideal reading for journalists from across the world who are working in the UK. The book presumes no prior legal knowledge.
This book is both an introductory text and reference guide to the main issues facing journalists today, including social media, fake news, and regulators. The text covers the law of the United Kingdom - including Scots and Northern Irish devolved legislation - as well as human rights and EU laws. This book covers essential areas such as: privacy, confidentiality, freedom of expression and media freedom, defamation, contempt of court, regulation of the print press and broadcast regulation as well as discussions on fake news and how to regulate online harm. There is a section on intellectual property law, covering mainly copyright. Court reporting and how to report on children, young people and victims of sexual offences receive particular attention in this book with relevant cases in user-friendly format. The engaging writing style is aimed to enthuse students, practitioners and lecturers with plenty of examination and practice materials. The text is packed with extensive learning aids including case studies, boxed notes, sample examination questions, appendices of statutes and cases and a glossary. It is intended as a complete course textbook for students and teachers of journalism, media, communications and PR courses, focusing on diploma courses, NCTJ examinations and broadcast journalism courses such as the BJTC. The book's international focus would also make it ideal reading for journalists from across the world who are working in the UK. The book presumes no prior legal knowledge.
This publication provides an unparalleled comparative analysis of two "hot topics" in the field of antitrust and unfair competition laws with regard to a number of key countries. The first part of the book examines whether small and middle-sized businesses could or should be subject to specific competition rules. These businesses account for 99% of the enterprises in Europe and the United States, making this a particularly important topic. The papers consider both the public and private enforcement rules across a range of jurisdictions and a detailed international report, prepared by Michele Carpagnano, identifies general trends and highlights differences and the most interesting features of national regulations. The second part of the book gathers contributions from various jurisdictions on the unfair competition question of whether a company could or should be protected against the use of their trademark, distinctive signs and other components of their image and identity on the part of non-competing companies. The papers focus on the fundamental issue of the competitive relationship as a condition of protection under unfair competition acts and the connection to intellectual property protection. The comprehensive and insightful international report, prepared by Martine Karsenty-Ricard, brings together these reflections by comparing various national positions. The book also includes the resolutions passed by the General Assembly of the LIDC following a debate on each of these topics, which include proposed solutions and recommendations. The International League of Competition Law (LIDC) is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.
Philosophies of Difference engages with the concept of difference in relation to a number of fundamental philosophical and political problems. Insisting on the inseparability of ontology, ethics and politics, the essays and interview in this volume offer original and timely approaches to thinking nature, sexuate difference, racism, and decoloniality. The collection draws on a range of sources, including Latin American Indigenous ontologies and philosophers such as Henri Bergson, Jacques Derrida, Luce Irigaray, Immanuel Kant, Maurice Merleau-Ponty, Charles Mills, and Eduardo Viveiros de Castro. The contributors think embodiment and life by bringing continental philosophy into generative dialogue with fields including plant studies, animal studies, decoloniality, feminist theory, philosophy of race, and law. Affirming the importance of interdisciplinarity, Philosophies of Difference contributes to a creative and critical intervention into established norms, limits, and categories. Invoking a conception of difference as both constitutive and generative, this collection offers new and important insights into how a rethinking of difference may ground new and more ethical modes of being and being-with. Philosophies of Difference unearths the constructive possibilities of difference for an ethics of relationality, and for elaborating non-anthropocentric sociality. The chapters in this book were originally published in a special issue in Australian Feminist Law Journal.
Introduction Intellectual property rights foster innovation. But if, as it surely does, "intellectual property" means not just intellectual property rules-the law of patents, copyrights, trademarks, designs, trade secrets, and unfair competition-but also intellectual property institutions-the courts, police, regulatory agencies, and collecting soc- ties that administer these rules-what are the respective roles of intellectual property rules and institutions in fostering creativity? And, to what extent do forces outside intellectual property rules and institutions-economics, culture, politics, history-also contribute to innovation? Is it possible that these other factors so overwhelm the impact of intellectual property regimes that it is futile to expect adjustments in intellectual property rules and institutions to alter patterns of inno- tion and, ultimately, economic development? It was to address these questions in the most dynamic region of the world today, Asia, that we invited leading country experts to contribute studies that not only summarize the current condition of intellectual property regimes in countries ranging in economic size from Cambodia to Japan, and in population from Laos to China, but that also describe the historical sources of these laws and institutions; the realities of intellectual property enforcement in the marketplace; and the political, economic, educational, and scientific infrastructures that sustain and direct inve- ment in innovative activity. A.
This book includes a collection of studies focused on engagements of religious minorities with the European Court of Human Rights (ECtHR). Beginning with an introduction of the global importance of the ECtHR as a standard setter in the protection of religious minority rights, the subsequent five chapters entail critical assessments of some of the Court's case law dealing with religious minority claims (exploring their clarity and consistency - or lack thereof - and controversiality). In the process these texts impart a nuanced perspective on the challenges the Court faces in striking the right balance between protecting individual freedoms and respecting state rights to manage 'nationally' and 'culturally' sensitive matters. The second set of contributions makes readers privy to the varied results of this balancing act on the ground. Specifically, it offers empirically-based insight into the impact of the Court's religion-related case law on grassroots religious minority groups working to defend their individual and communal rights. The chapters taken together deepen our understanding of the ECtHR in its approach to and impact on religious minorities and offer a rare vantage point on the Court, from the messages its generates to the messages received by religious minorities at the grassroots level. The chapters in this book were originally published in Religion, State & Society, the Journal of Muslim Minority Affairs and Democratization.
The book provides an in-depth discussion of democratic theory questions in relation to refugee law. The work introduces readers to the evolution of refugee law and its core issues today, as well as central lines in the debate about democracy and migration. Bringing together these fields, the book links theoretical considerations and legal analysis. Based on its specific understanding of the refugee concept, it offers a reconstruction of refugee law as constantly confronted with the question of how to secure rights to those who have no voice in the democratic process. In this reconstruction, the book highlights, on the one hand, the need to look beyond the legal regulations for understanding the challenges and gaps in refugee protection. It is also the structural lack of political voice, the book argues, which shapes the refugee's situation. On the other hand, the book opposes a view of law as mere expression of power and points out the dynamics within the law which reflect endeavors towards mitigating exclusion. The book will be essential reading for academics and researchers working in the areas of migration and refugee law, legal theory and political theory.
It's not easy to navigate through EU food laws, so this book provides a clear analysis of the relevant EU regulations, making it beneficial to food safety organizations and food industry professionals. Ensuring Food Safety in the European Union provides an overall detailed analysis of the many and complex initiatives implemented by the European Union Institutions since the European Commission adopted on 12 January 2000 the "White Paper on Food Safety" with the objective of defining the policies to improve the level of health protection for the consumers of Europe's food. Achieving the highest standards of food safety in Europe has been a key policy priority for the European Institutions during the past 20 years through the implementation between 2000 and 2019 of many initiatives anticipated in the mentioned White Paper concerning: (i) The establishment of the European Food Safety Authority; (ii) the adoption of new food safety legislations in many domains; and (iii) the adoption of consumer's mandatory and voluntary information regulations. Features Offers a clear and evolutive view of all relevant procedures and objectives to ensure food safety in European context Up to date presentation of EU relevant regulation and EFSA roles and activities Discusses the basic reasoning underlying the development and objectives of the current approach to food laws The book offers a review of all the available tools and their practical usefulness on food safety at European level and their possible integration. The interest of the European Institutions for food safety policies continues to be very high as shown by the adoption in September 2019 of the EU regulation 1381 to further reinforce and potentiate, among others, EFSA risk assessment. The main target of the book is the food business operators of large and medium enterprises and their consultants. Other interested parties are the authorities competent at national and regional and local level and university teaching professionals in charge of food safety and related courses.
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 book addresses the relationship between International Refugee Law and International Human Rights Law. Using international refugee law's analytical turn to human rights as its object of inquiry, it represents a critical intervention into the revisionism that has led to conceptual fragmentation and restrictive practices. Mainstream literature in refugee law reflects a mood of celebration, a narrative of progress which praises the discipline's rescue from obsolescence. This is commonly ascribed to its repositioning alongside human rights law, its veritable rediscovery as an arm of this far greater edifice. By using human rights logic to construct the current legal paradigm and inform us of who qualifies as a refugee, this purportedly lent areas of conceptual uncertainty a set of objective, modern criteria and increased enfranchisement to new, non-traditional claimants. The present work challenges this dominant position by finding the untold limits of its current paradigm. It stands alone in this orientation and hereby represents one of the most comprehensive, heterodox and structurally detailed reviews of this connection. The exploration of the gap between modern approaches and the unsatisfactory realities of seeking asylum forms the substance of this book. It asserts, by contrast, the existence of revolution rather than evolution. Human rights law has erased the founding tenets of the Refugee Convention, enabling powerful states to contain refugees in their region of origin. The book will be essential reading for those interested in Refugee Law, Refugee Studies, Postcolonial Legal Studies, Postmodern Critiques and Critical Legal Theory. Additionally, given its relevance for the adjudication of refugee claims, it will be an important resource for solicitors, barristers and judges.
This book offers a critical appraisal of the international legal idea of the 'Responsibility to Protect'. The idea that the international community has a responsibility to protect populations at risk has become the prominent mode and structure of address in response to mass human atrocities, gross human rights violations, and large-scale loss of life. Although the "international community" of liberal international law and of legal cosmopolitanism for the most part projects a self-assured collective project, this book maintains that it transforms global ethical responsibility into a project of governance, management, and control. Pursuing this argument, and drawing on critical legal literature, critical international relations and on ideas of responsibility and ethical relationality in the work of Jacques Derrida and Judith Butler, the book develops a concept of "irresponsibility". This concept is then juxtaposed to the dominant Responsibility to Protect discourse. By exposing and acknowledging "the sites of irresponsibility" of the Responsibility to Protect, the book argues that irresponsibility itself can become the condition of ethical responsibility and the possibility of justice. This original approach to an increasingly important topic will prove invaluable to those working in international law, international relations, politics and legal theory.
The Supreme Court of the United States in Feist v. Rural (1991) required that databases must have a minimal degree of creativity for copyright. The judgment was highly significant and the subsequent period is understood as the post-Feist era. It has been globally influential. However, the decision is extremely complex and remains unsatisfactorily interpreted. In particular, it has been impossible to illuminate the creativity requirement. The book gives an account of the decision's conceptual structure, focusing on its full delineation of the opposite to creativity. In a radical and unprecedented innovation, it is correlated with an automatic computational process. Creativity itself is understood as non-computational or directly human activity concerned with meaning. Determining the presence of creativity is reduced to a four-stage test. This work then has acute practical current relevance to property in data in the digital age; it will also be of theoretical interest to, and is aimed at, researchers in, practitioners, and students of intellectual property worldwide.
The teenager has often appeared in culture as an anxious figure, the repository for American dreams and worst nightmares, at once on the brink of success and imminent failure. Spotlighting the "troubled teen" as a site of pop cultural, medical, and governmental intervention, Chronic Youth traces the teenager as a figure through which broad threats to the normative order have been negotiated and contained. Examining television, popular novels, science journalism, new media, and public policy, Julie Passanante Elman shows how the teenager became a cultural touchstone for shifting notions of able-bodiedness, heteronormativity, and neoliberalism in the late twentieth century. By the late 1970s, media industries as well as policymakers began developing new problem-driven 'edutainment' prominently featuring narratives of disability--from the immunocompromised The Boy in the Plastic Bubble to ABC's After School Specials and teen sick-lit. Although this conjoining of disability and adolescence began as a storytelling convention, disability became much more than a metaphor as the process of medicalizing adolescence intensified by the 1990s, with parenting books containing neuro-scientific warnings about the incomplete and volatile "teen brain." Undertaking a cultural history of youth that combines disability, queer, feminist, and comparative media studies, Elman offers a provocative new account of how American cultural producers, policymakers, and medical professionals have mobilized discourses of disability to cast adolescence as a treatable "condition." By tracing the teen's uneven passage from postwar rebel to 21st century patient, Chronic Youth shows how teenagers became a lynchpin for a culture of perpetual rehabilitation and neoliberal governmentality.
While the vast majority of criminal and civil lawyers must at some
time come into contact with a forensic mental health evaluation,
either when requested by their side or by opposing counsel, most do
not know enough about the practice to be informed consumers.
Forensic assessments can vary widely based on the assessor's
personal preferences, and while there are clearly defined "best
practices" for most evaluations, there is no official process by
which legal professionals can guarantee these practices are being
followed.
The Routledge International Handbook on Fear of Crime brings together original and international state of the art contributions of theoretical, empirical, policy-related scholarship on the intersection of perceptions of crime, victimisation, vulnerability and risk. This is timely as fear of crime has now been a focus of scholarly and policy interest for some fifty years and shows little sign of abating. Research on fear of crime is demonstrative of the inter-disciplinarity of criminology, drawing in the disciplines of sociology, psychology, political science, history, cultural studies, gender studies, planning and architecture, philosophy and human geography. This collection draws in many of these interdisciplinary themes. This collections also extends the boundaries of fear of crime research. It does this both methodologically and conceptually, but perhaps more importantly it moves us beyond some of the often repeated debates in this field to focus on novel topics from unique perspectives. The book begins by plotting the history of fear of crime's development, then moves on to investigate the methodological and theoretical debates that have ensued and the policy transfer that occurred across jurisdictions. Key elements in debates and research on fear of crime concerning gender, race and ethnicity are covered, as are contemporary themes in fear of crime research, such as regulation, security, risk and the fear of terrorism, the mapping of fear of crime and fear of crime beyond urban landscapes. The final sections of the book explore geographies of fear and future and unique directions for this research.
Due to its Constitution, and particularly to that Constitution's First Amendment, the relationship between religion and politics in the United States is rather unusual. This is especially the case concerning the manner with which religious terminology is defined via the discourse adopted by the United States Supreme Court, and the larger American judicial system. Focusing on the religious term of Atheism, this book presents both the discourse itself, in the form of case decisions, as well as an analysis of that discourse. The work thus provides an essential introduction and discussion of both Atheism as a concept and the influence that judicial decisions have on the way we perceive the meaning of religious terminology in a national context. As a singular source on the Supreme, Circuit, and District Court cases concerning Atheism and its judicial definition, the book offers convenient access to this discourse for researchers and students. The discursive analysis further provides an original theoretical insight into how the term 'Atheism' has been judicially defined. As such, it will be a valuable resource for scholars of religion and law, as well as those interested in the definition and study of Atheism.
Public procurement affects a substantial share of world trade flows, amounting to 1000 billion euros per year. In the EU, the public purchase of works, goods and services has been estimated to account on average for 16 percent of GDP. The novelty of this book is that it focuses on the new European Union Directives approved in 2014 by the EU Parliament. The book consists of original contributions related to four specific themes of interest to the procurers' day-to-day role in modern public purchasing organizations - both economists and lawyers - allowing for relevant exchanges of views and "real time" interaction. The four sections which characterize the book are Life-cycle Costing in Public Procurement; Calculating Costs and Savings of Public Procurement; Corruption and Probity in Public Procurement and Public Procurement and International Trade Agreements: CETA, TTIP and beyond. These themes have been chosen for their current relevance in relation to the new European Public Procurement Directives and beyond. The original format features, as is the case with the first three volumes, an introductory exchange between leading academics and practitioners, from differing disciplines. It offers a series of sequential interactions between economists, lawyers and technical experts who supplement one another, so as to enrich the liveliness of the debate and improve the mutual understanding between the various professions. This essential guide will be of interest to policymakers, academics, students and researchers, as well as practitioners working in the field of EU public procurement.
Published in 1998, current themes in housing are explored in this collection of papers. The gamut of issues surrounding participation, such as tenant participation or decision-making participation, together with the forces leading to exclusion, such as in relation to ethnic minorities, are examined. The book will be relevant to all those in the housing movement together with those working in related disciplines.
The Routledge International Handbook of Criminology and Human Rights brings together a diverse body of work from around the globe and across a wide range of criminological topics and perspectives, united by its critical application of human rights law and principles. This collection explores the interdisciplinary reach of criminology and is the first of its kind to link criminology and human rights. This text is divided into six sections, each with an introduction and an overview provided by one of the editors. The opening section makes an assessment of the current standing of human rights within the discipline. Each of the remaining sections corresponds to a substantive area of harm prevention and social control which together make up the main core of contemporary criminology, namely: criminal law in practice; transitional justice, peacemaking and community safety; policing in all its guises; traditional and emerging approaches to criminal justice; and penality, both within and beyond the prison. This Handbook forms an authoritative foundation on which future teaching and research about human rights and criminology can be built. This multi-disciplinary text is an essential companion for criminologists, sociologists, legal scholars and political scientists.
Ethics in Rural Psychology provides readers with theoretical underpinnings, practical applications, and empirically based knowledge of the practice of psychology in rural communities. Dr. Boilen explores the similarities and differences within and across rural American communities to provide a framework for understanding this vast and varied population. Focusing on the ethical considerations unique to these communities, chapters use illustrative case examples, useful exercises, and personal anecdotes to highlight obstacles unique to rural areas. Finally, the book emphasizes the opportunity to be innovative and creative in rural practice, demonstrating how rural practices hold promise for cutting-edge advancements in the field of psychology. This book will serve practitioners, students, and researchers as a primer, handbook, and road map for the challenging and rewarding clinical work that awaits in rural America.
This book provides a systematic and interdisciplinary study of occupational mental health legislation in seven countries. The work presents a study of the laws, policies, and legal interpretations to help prevent mental health problems from occurring in the workplace and appropriately address problems once they do occur. With a view to improving provision in Japan, the author examines the legal issues relating to workplace mental health and stress in the USA, UK, Denmark, the Netherlands, France and Germany. In presenting a comparative discussion of mental health issues in the workplace, this book seeks to establish a minimum for legal rights and duties that contribute to prevention and not just compensation. With its detailed comparative and descriptive coverage of legal and related provisions in a range of countries, the book will be a valuable resource for academics, policy-makers and practitioners working in labour and employment law, social welfare, occupational health and human resource management.
This book offers a comparative perspective on Northern and Southern European laws and customs concerning women's property and economic rights. By focusing on both Northern and Southern European societies, these studies analyse the consequences of different juridical frameworks and norms on the development of the economic roles of men and women. This volume is divided into three parts. The first, Laws, presents general outlines related to some European regions; the second, Family strategies or marital economies?, questions the potential conflict between the economic interests of the married couple and those of the lineage within the nobility; finally, the third part of the book, Inside the urban economy, focuses on economic and work activities of middle and lower classes in the urban environment. The assorted and rich panorama offered by the history of the legislation on women's economic rights shows that similarities and differences run through Europe in such a way that the North/South model looks very stereotyped. While this approach calls into question classical geographical and cultural maps and well-established chronologies, it encourages a reconsideration of European history according to a cross-boundaries perspective. By drawing on a wide range of social, economic and cultural European contexts, from the late medieval to early modern age to the nineteenth century, and including the middle and lower classes (especially artisans, merchants and traders) as well as the economic practices and norms of the upper middle class and aristocracy, this book will be of interest to economic and social historians, sociologists of health, gender and sexuality, and economists. |
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