![]() |
Welcome to Loot.co.za!
Sign in / Register |Wishlists & Gift Vouchers |Help | Advanced search
|
Your cart is empty |
||
|
Books > Law > Laws of other jurisdictions & general law > Social law > General
Parents Killing Children: Crossing the Invisible Line explores hidden forms of violence within the family. This socio-legal study addresses the interactions between the family and the state, focusing on six parent perpetrators and the ways in which child endangerment is concealed within society. Drawing on symbolic interactionism, mythology and a modelling of case study data, this book puts forward a unique conceptualisation of representation and risk, both on familial and state levels. The failure of the state to intervene and neutralise volatile perpetrators also sheds light on the socio-legal status of children - society's most vulnerable - and the book concludes by discussing means by which the underlying social conditions and maladies symptomatic of child abuse and killing should be addressed.
This interdisciplinary collection presents a scholarly treatment of how the constitutional politics of federalism affect governments and citizens, offering an accessible yet comprehensive analysis of the U.S. Supreme Court's federalism jurisprudence and its effect on the development of national and state policies in key areas of constitutional jurisprudence. The contributors address the impact that Supreme Court federalism precedents have in setting the parameters of national law and policies that the states are often bound to respect under constitutional law, including those that relate to the scope and application of gun rights, LGBT freedoms, health care administration, anti-terrorism initiatives, capital punishment, immigration and environmental regulation, the legalization of marijuana and voting rights. Uniting scholarship in law, political science, criminology, and public administration, the chapters study the themes, principles, and politics that traditionally have been at the center of federalism research across different academic disciplines. They look at the origins, nature and effect of dual and cooperative federalism, presidential powers and administrative regulation, state sovereignty and states' rights, judicial federalism and the advocacy of organized interests.
Remember fifty years ago when everyone smoked? Since tobacco found its way into Europe in the sixteenth century, smoking has been a controversial issue. Fifty years ago, almost everyone smoked, and fifty years before that, smokers were in the doghouse; up until the early twentieth century, cigarettes were illegal in a number of U.S. states. Needless to say, smoking has always been a ready source of revenue. It has also been a source of health concerns, both real and imagined. This mixture of pleasure, money and risk that comes with the act of smoking means that it's rarely treated fairly by politicians, health professionals or the public. Nowadays, tough anti-smoking laws are to be obeyed in most corners of the globe. The misinformation about, and unreasoning hostility directed at, smoking and smokers is one of the major concerns of this book. After all, smoking has no public cost. Isn't it just the individual smokers who are at risk? Prompted by this burgeoning fascination, Staddon looks further into the facts. And the more he looks, the weaker the case against smoking as a public health issue becomes. Is ETS really dangerous to children? And if so, how can science prove it? And if smoking has no public cost and the medical case for third-party harm is weak, why are smokers still being victimised? In this provocative, thought-provoking book, Staddon is determined to uncover the truth about smoking. But the truth's not always pretty.
In a community that takes rights seriously, consent features pervasively in both moral and legal discourse as a justifying reason: stated simply, where there is consent, there can be no complaint. However, without a clear appreciation of the nature of a consent-based justification, its integrity, both in principle and in practice, is liable to be compromised. This book examines the role of consent as a procedural justification, discussing the prerequisites for an adequate consent -- in particular, that an agent with the relevant capacity has made an unforced and informed choice, that the consent has been clearly signalled, and that the scope of the authorisation covers the act in question. It goes on to highlight both the Fallacy of Necessity (where there is no consent, there must be a wrong) and the Fallacy of Sufficiency (where there is consent, there cannot be a wrong). Finally, the extent to which the authority of law itself rests on consent is considered. If the familiarity of consent-based justification engenders confusion and contempt, the analysis in this book acts as a corrective, identifying a range of abusive or misguided practices that variously under-value or over-value consent, that fictionalise it or that are fixated by it, and that treat it too casually or too cautiously. In short, the analysis in Consent in the Law points the way towards recognising an important procedural justification for precisely what it is as well as giving it a more coherent application.
Set in different national contexts (Brazil, Bulgaria, France, Germany, Laos, Norway, Thailand) and in different social science disciplines, the chapters of this volume aim at questioning anti-trafficking policies and their practical impact on sex work regulation. Many actors, from media to researchers, from nonprofit organizations to law enforcement agencies, from "experts" to "reality tourists", contribute to produce knowledge on trafficking and sexual exploitation and thus to institutionalize it as a category of thought and action; by naming and framing perpetrators and victims, they make trafficking "come true" as a public problem. The book pays particular attention to the way the international expertise produced by these different actors and institutions on sexual exploitation and sex work impacts local control practices, especially with regard to law enforcement. The fight against trafficking as it gets institutionalized and put into practice then appears as a way to reaffirm a gendered and racialized public order. Building analytical bridges between different national contexts and relying on contextualized fieldwork in different countries, the book is of great interest for academics as well as for practitioners and/or activists working on sex and gender issues and migration policies. Also, it resonates with a broader literature on the construction of public problems in sociology and political science.
The Olympic Games is unquestionably the largest and most important sporting event in the world. Yet who exactly is accountable for its successes and failures? This book examines the legitimacy and accountability of the International Olympic Committee (IOC). This non-governmental organisation wields extraordinary power, but there is no democratic basis for its authority. This study questions the supremacy of the IOC, arguing that there is a significant accountability deficit. Investigating the conduct of the IOC from an international legal perspective, the book moves beyond a critique of the IOC to explore potential avenues for reform, means of improving democratic procedures and increasing accountability. If the Olympics are to continue to be our most celebrated sporting event, those who organise them must be answerable to the citizens that they can potentially harm as well as benefit. Full of original insights into the inner workings of the IOC, this book is essential reading for all those interested in the Olympics, sport policy, sport management, sport mega-events, and the law.
This book is a legal and political intervention into a contemporary debate concerning the appropriateness of sexual offence prosecutions brought against young gender non-conforming people for so-called 'gender identity fraud'. It comes down squarely against prosecution. To that end, it offers a series of principled objections based both on liberal principles, and arguments derived from queer and feminist theories. Thus prosecution will be challenged as criminal law overreach and as a spectacular example of legal inconsistency, but also as indicative of a failure to grasp the complexity of sexual desire and its disavowal. In particular, the book will think through the concepts of consent, harm and deception and their legal application to these specific forms of intimacy. In doing so, it will reveal how cisnormativity frames the legal interpretation of each and how this serves to preclude more marginal perspectives. Beyond law, the book takes up the ethical challenge of the non-disclosure of gender history. Rather than dwelling on this omission, it argues that we ought to focus on a cisgender demand to know as the proper object of ethical inquiry. Finally, and as an act of legal and ethical re-imagination, the book offers a queer counter-judgment to R v McNally, the only case involving a gender non-conforming defendant, so far, to have come before the Court of Appeal.
Text, Cases and Materials on Medical Law and Ethics presents a valuable collection of materials relating to often controversial areas of the law. Comprising extracts from statutes, cases and scholarly articles alongside expert author commentary and guidance which signposts the key issues and principles, this book is an ideal companion to this increasingly popular subject. Fully revised, this new edition incorporates expanded content, including: updated coverage of consent and decision making, including the the Montgomery v Lanarkshire Health Board (2015) judgment; the impacts of the EC directive for clinical trials and GDPR on the research use of patient data; and discussion of other recent developments in the case law, including the 2017 Charlie Gard litigation, the 2016 Privy Council decision in Williams v Bermuda on negligence causation, and the UK Supreme Court judgment in A & B v SS for Health (2017) on funding for patients from Northern Ireland seeking terminations elsewhere. Providing a comprehensive and up-to-date resource on this topical area of the law, this textbook is an invaluable reference tool for students of medical law as well as those studying medicine.
On the 11th of March 2011, an earthquake registering 9.0 on the Richter scale (the most powerful to ever strike Japan) hit the Tohoku region in northern Japan. The earthquake produced a devastating tsunami that wiped out coastal cities and towns, leaving 18,561 people dead or registered as missing. Due to the disaster, the capability of the Fukushima Nuclear Power Plant, operated by Tokyo Electric Power Company (TEPCO), was compromised, causing nuclear meltdown. The hydrogen blast destroyed the facilities, resulting in a spread of radioactive materials, and, subsequently, serious nuclear contamination. This combined event - earthquake, tsunami, and nuclear meltdown - became known as the Great East Japan Earthquake Disaster. This book examines the response of the Japanese government to the disaster, and its attempts to answer the legal questions posed by the combination of earthquake, tsunami, and nuclear meltdown. Japanese law, policy, and infrastructure were insufficiently prepared for these disasters, and the country's weaknesses were brutally exposed. This book analyses these failings, and discusses what Japan, and other countries, can learn from these events.
The globalisation of research has resulted in the increased location of research involving humans in developing countries. Countries in Africa, along with China and India, have seen research grow significantly. With emerging infectious diseases, such as Ebola and Zika, emphasising the risk of public health crises throughout the world, a further increase in health research, including clinical research in developing countries, which are often the sites of these diseases, becomes inevitable. This growth raises questions about domestic regulation and the governance of health research. This book presents a comprehensive and systemic view of the regulation of research involving humans in African countries. It employs case studies from four countries in which research activities continue to rise, and which have taken steps to regulate health research activity: South Africa, Nigeria, Kenya, and Egypt. The book examines the historical and political contexts of these governance efforts. It describes the research context, some of the research taking place, and the current challenges. It also looks at the governance mechanisms, ranging from domestic ethical guidelines to legal frameworks, the strengthening of existing regulatory agencies to the role of professional regulatory bodies. The book analyses the adequacy of current governance arrangements within African countries, and puts forward recommendations to improve the emerging governance systems for health research in African and other developing countries. It book will be a valuable resource for academics, researchers, practitioners and policy-makers working in the areas of health research, biomedical ethics, health law and regulation in developing countries.
Analysing both fraud and religion as social constructs with different functions and meanings attributed to them, this book raises issues that are central to debates about the limits of religious toleration in diverse societies, and the possible harm (as well as benefits) that religious organisations can visit upon society and individuals. There has already been a lively debate concerning the structural context in which abuse, especially sexual abuse, can be perpetrated within religion. Contributors to the volume proceed from the premise that similar arguments about ways in which structure and power may be conducive to abuse can be made about fraud and deception. Both can contribute to abuse, yet they are often less easily demonstrated and proven, hence less easily prosecuted. With a focus on minority religions, the book offers a comparative overview of the concept of religious fraud by bringing together analyses of different types of fraud or deception (financial, bio-medical, emotional, breach of trust and consent). Contributors examine whether fraud is necessarily intentional (or whether that is in the eye of the beholder); certain structures may be more conducive to fraud; followers willingly participate in it. The volume includes some chapters focused on non-Western beliefs (Juju, Occult Economies, Dharma Lineage), which have travelled to the West and can be found in North American and European metropolitan areas.
Much has been written on Education Acts, yet we have abused and neglected them. The history of educational legislation has been written off as 'Acts and facts', and the conventional approach to writing about them has been concerned with politics, and especially with the men responsible for them. On the centenary of the 1918 Education Act and Education (Scotland) Act, and the thirtieth anniversary of the 1988 Education Reform Act, we can rightly compare them alongside the other two agenda-setting master-Acts of the 20th century, those of 1902 and 1944. These latter Acts, themselves landmarks of legislation, have each attracted several significant articles that have been published in the British Journal of Educational Studies. Between them, these provide a detailed commentary on the key legislation that has framed the development of UK education that is also open to critique and challenge. The anniversaries of these key Education Acts are also starting points for broader discussion of continuities, changes and contestation in legislation involving the regime of power, control and regulation of education. This can also include consideration of the international context and the relationship between educational and other social legislation and reform.
This book is a companion to Clinical Ethics on Film and deals specifically with the myriad of healthcare ethics dilemmas. While Clinical Ethics on Film focuses on bedside ethics dilemmas that affect the healthcare provider-patient relationship, Healthcare Ethics on Film provides a wider lens on ethics dilemmas that interfere with healthcare delivery, such as healthcare access, discrimination, organizational ethics, or resource allocation. The book features detailed and comprehensive chapters on the Tuskegee Study, AIDS, medical assistance in dying, the U.S. healthcare system, reproductive justice, transplant ethics, pandemic ethics and more. Healthcare Ethics on Film is the perfect tool for remote or live teaching. It's designed for medical educators and healthcare professionals teaching any aspect of bioethics, healthcare ethics or the health sciences, including medical humanities, history of medicine and health law. It is also useful to the crossover market of film buffs and other readers involved in healthcare or bioethics.
This book analyzes the effect of policy on the digital game complex: government, industry, corporations, distributors, players, and the like. Contributors argue that digital games are not created nor consumed outside of the complex power relationships that dictate the full production and distribution cycles, and that we need to consider those relationships in order to effectively "read" and analyze digital games. Through examining a selection of policies, e.g. the Australian government's refusal (until recently) to allow an R18 rating for digital games, Blizzard's policy in regards to intellectual property, Electronic Arts' corporate policy for downloadable content (DLC), they show how policy, that is to say the rules governing the production, distribution and consumption of digital games, has a tangible effect upon our understanding of the digital game medium.
Since its introduction in the early 1960s, Spanish-language television in the United States has grown in step with the Hispanic population. Industry and demographic projections forecast rising influence through the 21st century. This book traces U.S. Spanish-language television's development from the 1960s to 2013, illustrating how business, regulation, politics, demographics and technological change have interwoven during a half century of remarkable change for electronic media. Spanish-language media play key social, political and economic roles in U.S. society, connecting many Hispanics to their cultures of origin, each other, and broader U.S. society. Yet despite the population's increasing impact on U.S. culture, in elections and through an estimated $1.3 trillion in spending power in 2014, this is the first comprehensive academic source dedicated to the medium and its history. The book combines information drawn from the business press and trade journals with industry reports and academic research to provide a balanced perspective on the origins, maturation and accelerated growth of a significant ethnic-oriented medium.
This book engages with a traditional yet persistent question of legal theory - what is law? However, instead of attempting to define and limit law, the aim of the book is to unlimit law, to take the idea of law beyond its conventionally accepted boundaries into the material and plural domains of an interconnected human and nonhuman world. Against the backdrop of analytical jurisprudence, the book draws theoretical connections and continuities between different experiences, spheres, and modalities of law. Taking up the many forms of critical and socio-legal thought, it presents a broad challenge to legal essentialism and abstraction, as well as an important contribution to more general normative theory. Reading, crystallising, and extending themes that have emerged in legal thought over the past century, this book is the culmination of the author's 25 years of engagement with legal theory. Its bold attempt to forge a thoroughly contemporary approach to law will be of enormous value to those with interests in legal and socio-legal theory.
This book provides a concise guide to international disability law. It analyses the case law of the CRPD Committee and other international human rights treaty bodies, and provides commentaries on more than 50 leading cases. The author elaborates on the obligations of States Parties under the CRPD and other international treaties, while also spelling out the rights of persons with disabilities, and the different mechanisms that exist at both domestic and international levels for ensuring that those rights are respected, protected and promoted. The author also delineates the traditional differentiation between civil and political rights on the one hand, and economic, social and cultural rights on the other. He demonstrates, through analysis of the evolving case law, how the gap between these two sets of rights is gradually closing. The result is a powerful tool for political decisionmakers, academics, legal practitioners, law students, persons with disabilities and their representative organisations, human rights activists and general readers.
The relationship between hacking and the law has always been complex and conflict-ridden. This book examines the relations and interactions between hacking and the law with a view to understanding how hackers influence and are influenced by technology laws and policies. In our increasingly digital and connected world where hackers play a significant role in determining the structures, configurations and operations of the networked information society, this book delivers an interdisciplinary study of the practices, norms and values of hackers and how they conflict and correspond with the aims and aspirations of hacking-related laws. Describing and analyzing the legal and normative impact of hacking, as well as proposing new approaches to its regulation and governance, this book makes an essential contribution to understanding the socio-technical changes, and consequent legal challenges, faced by our contemporary connected society.
Assistive Technology Assessment Handbook, Second Edition, proposes an international ideal model for the assistive technology assessment process, outlining how this model can be applied in practice to re-conceptualize the phases of an assistive technology delivery system according to the biopsychosocial model of disability. The model provides reference guidelines for evidence-based practice, guiding both public and private centers that wish to compare, evaluate, and improve their ability to match a person with the correct technology model. This second edition also offers a contribution to the Global Cooperation on Assistive Technology (GATE) initiative, whose activities are strongly focused on the assistive products service delivery model. Organized into three parts, the handbook: gives readers a toolkit for performing assessments; describes the roles of the assessment team members, among them the new profession of psychotechnologist; and reviews technologies for rehabilitation and independent living, including brain-computer interfaces, exoskeletons, and technologies for music therapy. Edited by Stefano Federici and Marcia J. Scherer, this cross-cultural handbook includes contributions from leading experts across five continents, offering a framework for future practice and research.
This book critically confronts perceptions that social media has become a 'wasteland' for young people. Law has become preoccupied with privacy, intellectual property, defamation and criminal behaviour in and through social media. In the case of children and youth, this book argues, these preoccupations - whilst important - have disguised and distracted public debate away from a much broader, and more positive, consideration of the nature of social media. In particular, the legal tendency to consider social media as 'dangerous' for young people - to focus exclusively on the need to protect and control their online presence and privacy, whilst tending to suspect, or to criminalise, their use of it - has obscured the potential of social media to help young people to participate more fully as citizens in society. Drawing on sociological work on the construction of childhood, and engaging a wide range of national and international legal material, this book argues that social media may yet offer the possibility of an entirely different - and more progressive -conceptualisation of children and youth.
Envisioning Legality: Law, Culture and Representation is a path-breaking collection of some of the world's leading cultural legal scholars addressing issues of law, representation and the image. Law is constituted in and through the representations that hold us in their thrall, and this book focuses on the ways in which cultural legal representations not only reflect or contribute to an understanding of law, but constitute the very fabric of legality itself. As such, each of these 'readings' of cultural texts takes seriously the cultural as a mode of envisioning, constituting and critiquing the law. And the theoretically sophisticated approaches utilised here encompass more than simply an engagement with 'harmless entertainment'. Rather they enact and undertake specific political and critical engagements with timely issues, such as: the redressing of past wrongs; recognising and combatting structural injustices; and orienting our political communities in relation to uncertain futures. Envisioning Legality thereby presents a cultural legal studies that provides the means for engaging in robust, sustained and in-depth encounters with the nature and role of law in a global, mediated world.
A campus shooting. A gang assault. A school bus ambush. With each successive event, fingers are pointed at the usual suspects: violent films, bloody video games, explicit web sites. But to what extent can-or should-the media be implicated in youth crime? And are today's sophisticated young people really that susceptible to their influence? Adolescents, Crime, and the Media critically examines perceptions of these phenomena through the lens of the ongoing relationship between generations of adults and youth. A wealth of research findings transcends the standard nature/nurture debate, analyzing media effects on young people's behavior, brain development in adolescence, ways adults can be misled about youth's participation in criminal acts, and how science can be manipulated by prevailing attitudes toward youth. The author strikes a necessary balance between the viewpoints of media providers and those seeking to restrict media or young people's access to them. And the book brings scientific and intellectual rigor to culturally and politically charged issues as it covers: * Violence in the media. * Media portrayals of crime and youth. * Research on violent television programs, video games, and other media as causes of crime. * Effects of pornography on behavior. * Public policy, censorship, and First Amendment issues. Adolescents, Crime, and the Media is an essential resource for researchers, graduate students, professionals, and clinicians across such interrelated disciplines as developmental psychology, sociology, educational policy, criminology/criminal justice, child and school psychology, and media law.
The demand for recognition, responsibility, and reparations is regularly invoked in the wake of colonialism, genocide, and mass violence: there can be no victims without recognition, no perpetrators without responsibility, and no justice without reparations. Or so it seems from law's limited repertoire for assembling the archive after 'the disaster'. Archival and memorial practices are central to contexts where transitional justice, addressing historical wrongs, or reparations are at stake. The archive serves as a repository or 'storehouse' of what needs to be gathered and recognised so that it can be left behind in order to inaugurate the future. The archive manifests law's authority and its troubled conscience. It is an indispensable part of the liberal legal response to biopolitical violence. This collection challenges established approaches to transitional justice by opening up new dialogues about the problem of assembling law's archive. The volume presents research drawn from multiple jurisdictions that address the following questions. What resists being archived? What spaces and practices of memory - conscious and unconscious - undo legal and sovereign alibis and confessions? And what narrative forms expose the limits of responsibility, recognition, and reparations? By treating the law as an 'archive', this book traces the failure of universalised categories such as 'perpetrator', 'victim', 'responsibility', and 'innocence,' posited by the liberal legal state. It thereby uncovers law's counter-archive as a challenge to established forms of representing and responding to violence.
This book examines the contemporary production of economic value in today's financial economies. Much of the regulatory response to the global financial crisis has been based on the assumption that curbing the speculative 'excesses' of the financial sphere is a necessary and sufficient condition for restoring a healthy economic system, endowed with real values, as distinct from those produced by financial markets. How, though, can the 'intrinsic' value of goods and services produced in the sphere of the so-called real economy be disentangled from the 'artificial' value engineered within the financial sphere? Examining current projects of international legal regulation, this book questions the regulation of the financial sphere insofar as its excesses are juxtaposed to some notion of economic normality. Given the problem of neatly distinguishing these domains - and so, more generally, between economy and society, and production and social reproduction - it considers the limits of our current conceptualization of value production and measurement, with specific reference to arrangements in the areas of finance, trade and labour. Drawing on a range of innovative work in the social sciences, and attentive to the spatial and temporal connections that make the global economy, as well as the racial, gender and class articulations of the social reproductive field within it, it further asks: what alternative arrangements might be able to affect, and indeed alter, the value-making processes that underlie our current international regulatory framework?
This volume aims to provoke reflection on the English conception and treatment of prisoners' rights, through juxtaposition with the conception of prisoners' rights in Germany. First, the German and English understandings of prisoners' legal status are examined; secondly these understandings are placed against the background of broader social, political, and legal factors; and thirdly, the methodological problems of comparative law are addressed. English and German approaches to prisoners' rights present illuminating contrasts. In England, despite significant judicial activity in the development of a jurisprudence of prisoners' rights, protection of prisoners' rights remains partial and equivocal. Many aspects of prison life are left within the realm of executive discretion. This equivocal commitment to rights in England is juxtaposed with Germany's highly articulated rights culture and its ambitious system of prisoners' rights protection under the Prison Act 1976. The German Prison Act sets out foundational principles of prison administration, affords prisoners positive rights, defines the limitations of prisoners' constitutional rights, and provides prisoners with recourse to a Prison Court. Moreover, these rights and principles have been developed and refined in a substantial body of prison law jurisprudence over the last thirty years. |
You may like...
Dark Silicon and Future On-chip Systems…
Suyel Namasudra, Hamid Sarbazi-Azad
Hardcover
R3,940
Discovery Miles 39 400
Open Source Software: New Horizons - 6th…
Par J A Gerfalk, Cornelia Boldyreff, …
Hardcover
R2,720
Discovery Miles 27 200
The Blockchain Technology for Secure and…
Neeraj Kumar, Shubhani Aggarwal, …
Hardcover
R3,960
Discovery Miles 39 600
From Requirements to Java in a Snap…
Michal Smialek, Wiktor Nowakowski
Hardcover
R1,457
Discovery Miles 14 570
A Deep Dive into NoSQL Databases: The…
Pethuru Raj, Ganesh Chandra Deka
Hardcover
R4,219
Discovery Miles 42 190
|