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Books > Law > Laws of other jurisdictions & general law > Social law > General
Working broadly from the perspective of cultural criminology, Crime, Media and Culture engages with theories and debates about the nature of media-audience relations, examines representations of crime and justice in news media and fiction, and considers the growing significance of digital technologies and social media. The book discusses the multiple effects media representations of crime have on audiences but also the ways media portrayals of crime and disorder influence government policy and lawmaking. It also considers the processes by which certain stories are selected for their newsworthiness. Also examined are the theoretical, conceptual and methodological underpinnings of cultural criminology and its subfields of visual criminology and narrative criminology. Drawing on case studies and empirical examples from the increasingly blurred worlds of reality and entertainment, the dynamics of crime, media and culture are illuminated across a range of chapters covering topics that include: moral panics/folk devils and trial by media; fear of crime; cop shows and courtroom dramas; female criminality and child-on-child killing; serial killers; surveillance, new media and policing; organized crime and state crime. Crime, Media and Culture will be an invaluable resource for undergraduate and postgraduate students interested in criminology and media studies. The book will also prove useful for lecturers and academic researchers wishing to explore the intersections of crime, media and cultural inquiry.
In the struggle to ensure that schools receive their fair share of
financial and educational resources, reformers translate policy
goals into legal claims in a number of different ways. This
enlightening new work uncovers the options reformers have in
framing legal challenges and how the choices they make affect
politics and policy beyond the courtroom.
Posthumous reproduction refers to the procedure that enables a child to be conceived using the gametes of a dead person. Advances in reproductive technology mean it is now possible to assist in creating a life after you die, and in recent years the number of women who have attempted to get pregnant using posthumous reproduction has increased. However, the law in many jurisdictions has not put regulations in place to deal with the ethical and legal consequences that arise as a result of posthumous reproduction. This is the first book to exclusively focus on posthumous reproduction. The book comprehensively explores the legal and ethical issues surrounding posthumous reproduction in a number of jurisdictions including the US, Israel, the UK and France. The book looks at a number of issues including: ascertaining the wishes of the dead and protecting the reproductive rights of men who have deposited frozen sperm in clinics prior to their deaths; cases involving people who want to acquire fresh sperm from deceased or incompetent men and determining who should have the right to accept the sperm; identifying the parents of the posthumously conceived child; and discussing the need to promote the best interests of the child. The book critically examines the current laws that are in place and proposes additional regulations and policies in order to effectively regulate posthumous reproduction.
Ayahuasca is a psychoactive substance that has long been associated with indigenous Amazonian shamanic practices. The recent rise of the drink's visibility in the media and popular culture, and its rapidly advancing inroads into international awareness, mean that the field of ayahuasca is quickly expanding. This expansion brings with it legal problems, economic inequalities, new forms of ritual and belief, cultural misunderstandings, and other controversies and reinventions. In The World Ayahuasca Diaspora, leading scholars, including established academics and new voices in anthropology, religious studies, and law fuse case-study ethnographies with evaluations of relevant legal and anthropological knowledge. They explore how the substance has impacted indigenous communities, new urban religiosities, ritual healing, international drug policy, religious persecution, and recreational drug milieus. This unique book presents classic and contemporary issues in social science and the humanities, providing rich material on the bourgeoning expansion of ayahuasca use around the globe.
This book provides for an extensive legal analysis of the international drug control system in light of the growing challenges and criticism that this system faces. In the current debate on global drug policy, the central pillars of the international drug control system - the UN Drug Conventions as well as its institutions - are portrayed as outdated, suppressive and seen as an obstacle to necessary changes. The book's objective is to provide an in-depth and positivist insight into drug control's present legal framework and thus provide for a better understanding of the normative assumptions upon which drug control is currently based. This is attained by clarifying the objectives of the international drug control system and the premises by which these objectives are to be achieved. The objective of the current global framework of international drug control is the limitation of drugs to medical and scientific purposes. The meaning of this objective and its concrete implications for States' parties as well as its problems from the perspective of other regimes of international law, most notably international human rights law, are extensively analysed. Additionally, the book focuses on how the international drug control system attempts to reach the objective of confining drugs to medical and scientific purposes, i.e. by setting up a universal system that exercises a rigid control on drug supply. The consequences of this heavy focus on the reduction of drug supply are outlined, and the book concludes by making suggestions on how the international drug control system could be reformed in the near future in order to better meet the existing challenges. The analysis occurs from a general international law perspective. It aims to map the international drug control system within a wider context of international law and to understand whether the problems that the international drug control system faces are exemplary for the difficulties that institutionalized systems of global scope face in the twenty-first century.
This volume offers a diverse set of perspectives on transnational crime. Providing a wide-ranging overview of the legal and policy issues that arise in connection with various forms of transnational crime, the authors outline the criminal justice responses adopted across different jurisdictions. Including contributions from high profile Chinese and European academics and practitioners across a variety of disciplines and methodological backgrounds, the authors address some of the hitherto underexplored issues related to transnational crime. These range from trafficking in cultural objects derived from illicit metal-detecting and metal-detecting tourism in China to the European approaches to criminalising the denial of historical truth. The central theme of the book is that useful lessons can be drawn from each other's experiences, and that a cross-fertilisation of domestic approaches to transnational crime is essential to effective cooperation. This book will be of use to students and academics of comparative criminal justice and anyone interested in transnational crime.
In the parliamentary system of government, manifestos constitute and represent an important aspect of the democratic electoral politics as statements of a party's ideology, response and policy. This book offers an examination of election manifestos of different political parties in India at the national level. It explores the manifesto as an input to the policy process and presents a comparative perspective and understanding on the issues and approaches of the national political parties on key affairs. The book traces the evolution of the electoral system, political parties and party manifestos in India as they emerged and developed over time. It looks at the Statutes of 1909, 1919 and 1935 along with the party manifestos and elections until 1945-46. The author further analyses Constituent Assembly debates on the electoral system and the stances of political parties on national reconstruction through documents from parties, including the Indian National Congress, the Communist Party of India, the Socialist Party, Jana Sangh and the All India Scheduled Castes Federation. Covering manifestos of sixteen Lok Sabha Elections (from the first general election of 1952 to 2014), this book provides a comprehensive overview of how major political parties think on significant social, economic, political, foreign and defence-related issues. It will be useful to scholars and researchers of political science, election studies, modern Indian history, public administration, law and governance, sociology, media and journalism as also to legislators and policymakers.
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 book examines donor conception and the search for information by donor-conceived people. It details differing regulatory approaches across the globe, including those that provide for 'open-identity' or anonymous donation, or that take a 'dual-track' approach. In doing so, it identifies models regarding the recording and release of information about donors that may assist in the further development of the law, policy and associated practices. Arguments for and against donor anonymity are considered, and specifically critiqued. The study highlights contrasting reasoning and emphasis upon various interests and factors that may underpin secrecy, anonymity or openness. The book will be of value to academics, students and legal practitioners involved with this area. It is also relevant to policy makers, health practitioners and anyone with an interest in the subject.
Do you own your body? Advances in science and the development of genetic databases have added an aura of modern controversy to this long-standing and, as yet, unresolved problem. In particular, English law governing separated human tissue (including body parts and cell-lines) is unsatisfactory. Despite the enactment of the Human Tissue Act 2004 UK, it remains uncertain what property rights living persons can claim over their separated human tissue. The development of clear legal principles is necessary so that individuals can have effective control over human tissue separated from their bodies whilst also enabling the efficient use of such materials in medical research. Part I of Law and the Human Body traces the evolution of English, Australian, United States and Canadian law in relation to human tissue separated from living persons and dead bodies. This includes a comprehensive examination of the Human Tissue Act 2004 UK as well as prominent judicial decisions, including Re Organ Retention Group Litigation 2005] QB 506, Colavito v New York Organ Donor Network Inc 8 NY 3d 43 (NY CA 2006) and Washington University v Catalona 437 F Supp 2d 985 (USDC Ed Mo 2006). Analysis demonstrates that, although property rights and non-proprietary interests in separated human tissue are recognized in limited circumstances, no principled basis has been accepted either at common law or by statue for the recognition of these rights and interests. Part II of this book therefore develops and defends a principled basis in English law for the creation and legal recognition of property rights and non-proprietary interests in separated human tissue. Significantly, the analysis and principles presented in Law and the Human Body have application across common law and civil law jurisdictions worldwide.
Palliative Care Within Mental Health: Ethical Practice explores the comprehensive concerns and dilemmas that occur surrounding people experiencing mental health problems and disorders. Working beyond narrow, stereotypical definitions of palliative care as restricted to terminal cancer patients, this balanced and thought-provoking volume examines the many interrelated issues that face the individual, families, and caregivers, setting the groundwork for improved, ethical relationships and interventions. Chapters by experts and experienced practitioners detail the challenges, concerns, and best practices for ethical care and responses in a variety of individual and treatment contexts. This is an essential and thoughtful new resource for all those involved in the fast-developing field of palliative mental health.
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.
Court and policy makers have increasingly had to deal with-and sometimes even embrace-technology, from podcasts to the Internet. Televised courtroom broadcasting especially remains an issue. The debate surrounding the US Supreme Court and federal courts, as well as the great disparity between different forms of television courtroom broadcasting, rages on. What are the effects of television courtroom broadcasting? Does research support the arguments for or against? Despite three Supreme Court cases on television courtroom broadcasting, the common thread between the cases has not been highlighted. The Supreme Court in these cases maintains a common theme: there is not a sufficient body of research on the effects of televising courtroom proceedings to resolve the debate in a confident manner.
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.
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.
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.
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 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.
The complex legal situations arising from the coexistence of international law, state law, and social and religious norms in different parts of the world often include scenarios of conflict between them. These conflicting norms issued from different categories of 'laws' result in difficulties in describing, identifying and analysing human rights in plural environments. This volume studies how normative conflicts unfold when trapped in the aspirations of human rights and their local realizations. It reflects on how such tensions can be eased, while observing how and why they occur. The authors examine how obedience or resistance to the official law is generated through the interaction of a multiplicity of conflicting norms, interpretations and practices. Emphasis is placed on the actors involved in raising or decreasing the tension surrounding the conflict and the implications that the conflict carries, whether resolved or not, in conditions of asymmetric power movements. It is argued that legal responsiveness to state law depends on how people with different identities deal with it, narrate it and build expectations from it, bearing in mind that normative pluralism may also operate as an instrument towards the exclusion of certain communities from the public sphere. The chapters look particularly to expose the dialogue between parallel normative spheres in order for law to become more effective, while investigating the types of socio-legal variables that affect the functioning of law, leading to conflicts between rights, values and entire cultural frames.
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.
In God vs. Darwin, Mano Singham dissects the legal battle between evolution and creationism in the classroom beginning with the Scopes Monkey trial in 1925 and ending with an intelligent design trial in Dover, Pennsylvania, in 2005. A publicity stunt, the Scopes Monkey trial had less to do with legal precedence than with generating tourism dollars for a rural Tennessee town. But the trial did successfully spark a debate that has lasted more than 80 years and simply will not be quelled despite a succession of seemingly definitive court decisions. In the greatest demonstration of survival, opposition to the teaching of evolution has itself evolved. Attempts to completely eliminate the teaching of evolution from public schools have given way to the recognition that evolution is here to stay, that explicitly religious ideas will never be allowed in public schools, and that the best that can be hoped for is to chip away at the credibility of the theory of evolution. Dr. Singham deftly answers complex questions: Why is there such intense antagonism to the teaching of evolution in the United States? What have the courts said about the various attempts to oppose it? Sprinkled with interesting tidbits about Charles Darwin and the major players of the evolution vs. creationism debate, God vs. Darwin is charming in its embrace of the strong passions aroused from the topic of teaching evolution in schools.
Maps the landscape of contemporary informational interests. Of considerable interest to those working at the intersection of law and technology, as well as others concerned with the legal, political, and social aspects of our information society.
Concerns have been expressed that gene patents might result in restricted access to research and health care. The exponential growth of patents claiming human DNA sequences might result in patent thickets, royalty stacking and, ultimately, a 'tragedy of the anti-commons' in genetics. The essays in this book explore models designed to render patented genetic inventions accessible for further use in research, diagnosis or treatment. The models include patent pools, clearing house mechanisms, open source structures and liability regimes. They are analysed by scholars and practitioners in genetics, law, economics and philosophy. The volume looks beyond theoretical and scholarly analysis by conducting empirical investigation of existing examples of collaborative licensing models. Those models are examined from a theoretical perspective and tested in a set of operational cases. This combined approach is unique in its kind and prompts well founded and realistic solutions to problems in the current gene patent landscape.
Due to new developments in prenatal testing and therapy the fetus is increasingly visible, examinable and treatable in prenatal care. Accordingly, physicians tend to perceive the fetus as a patient and understand themselves as having certain professional duties towards it. However, it is far from clear what it means to speak of a patient in this connection. This volume explores the usefulness and limitations of the concept of 'fetal patient' against the background of the recent seminal developments in prenatal or fetal medicine. It does so from an interdisciplinary and international perspective. Featuring internationally recognized experts in the field, the book discusses the normative implications of the concept of 'fetal patient' from a philosophical-theoretical as well as from a legal perspective. This includes its implications for the autonomy of the pregnant woman as well as its consequences for physician-patient-interactions in prenatal medicine. |
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