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.

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.

Challenging the dominant account of medical law as normatively and conceptually subordinate to medical or bioethics, this book provides an innovative account of medical law as a rhetorical practice. The aspiration to provide a firm grounding for medical law in ethical principle has not yet been realized. Rather, legal doctrine is marked, if anything, by increasingly evident contradiction and indeterminacy that are symptomatic of the inherently contingent nature of legal argumentation. Against the idea of a timeless, placeless ethics as the master discipline for medical law, this book demonstrates how judicial and academic reasoning seek to manage this contingency, through the deployment of rhetorical strategies, persuasive to concrete audiences within specific historical, cultural and political contexts. Informed by social and legal theory, cultural history and literary criticism, John Harrington's careful reading of key judicial decisions, legislative proposals and academic interventions offers an original, and significant, understanding of medical law.

With contributions from an international team of experts, this collection provides a much-needed international, comparative approach to mental capacity law. The book focuses particularly on exploring substantive commonalities and divergences in normative orientation and practical application embedded in different legal frameworks. It draws together contributions from eleven different jurisdictions across Europe, Asia and the UK and explores what productive or unproductive values and practices currently exist. By providing a detailed comparison of how legal and ethical commitments to persons with disabilities are framed in capacity law across different national systems, the book highlights the values and practices that could lead to changes that better respect persons with disabilities in mental capacity regimes.

1. While there has been growing research on the topic of immigration detention in the UK, this is the first to exclusively explore the experiences of women. The focus on experiences of detention, release and removal makes for a particularly broad subject. 2. Courses on penology and punishment are popular, even core components of a Criminology degree. This book offers much needed supplementary reading on a modern form of punishment, in the form of immigration detention.

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.

This book considers how a phenomenon as complex as coercive control can be criminalised. The recognition and ensuing criminalisation of coercive control in the UK and Ireland has been the focus of considerable international attention. It has generated complex questions about the "best" way to criminalise domestic abuse. This work reviews recent domestic abuse criminal law reform in the UK and Ireland. In particular, it defines coercive control and explains why using traditional criminal law approaches to prosecute it does not work. Laws passed in England and Wales versus Scotland represent two different approaches to translating coercive control into a criminal offence. This volume explains how and why the jurisdictions have taken different approaches and examines the advantages and disadvantages of each. As jurisdictions around the world review what steps need to be taken to improve national criminal justice responses to domestic abuse, the question of what works, and why, at the intersection of domestic abuse and the criminal law has never been more important. As such, the book will be a vital resource for lawyers, policy-makers and activists with an interest in domestic abuse law reform.

Explores the relationship between sexuality and politics in Britain's recent political past. Includes four case studies to illustrate the arguments made. Important contribution to the understandings of sexuality, identity and inequalities, as well as of crisis and neoliberalism.

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.

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.

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.

What can law's popular cultures do for law, as a constitutive and interrogative critical practice? This collection explores such a question through the lens of the 'cultural legal studies' movement, which proffers a new encounter with the 'cultural turn' in law and legal theory. Moving beyond the 'law ands' (literature, humanities, culture, film, visual and aesthetics) on which it is based, this book demonstrates how the techniques and practices of cultural legal studies can be used to metamorphose law and the legalities that underpin its popular imaginary. By drawing on three different modes of cultural legal studies - storytelling, technology and jurisprudence - the collection showcases the intersectional practices of cultural legal studies, and law in its popular cultural mode. The contributors to the collection deploy differentiated modes of cultural legal studies practice, adopting diverse philosophical, disciplinary, methodological and theoretical approaches and subjects of examination. The collection draws on this mix of diversity and homogeneity to thread together its overarching theme: that we must take seriously an interrogation of law as culture and in its cultural form. That is, it does not ask how a text 'represents' law; but rather how the representational nature of both law and culture intersect so that the 'juridical' become visible in various cultural manifestations. In short, it asks: how law's popular cultures actively effect the metamorphosis of law.

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.

As early as the Silent Era, movie studios were sued over depictions of real people and events. Filmmakers have always altered the details of true stories and actual persons, living or dead, to make narratives more workable and characters more compelling. When truth and fantasy become inextricably mixed, the effect on people's lives can be significant, even devastating. This expanded second edition presents an updated history of legal issues surrounding the on-screen embellishment of reality, with a focus on important court decisions and the use of disclaimers. Seventeen courtroom dramas are given fact-versus-fiction analyses, and the The Perfect Storm (1991) is covered in extensive detail. A concluding chapter is devoted to actors who became so identified with fictionalized characters that they sought exclusive rights to those personas.

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.

Controlling Capital examines three pressing issues in financial market regulation: the contested status of public regulation, the emergence of 'culture' as a proposed modality of market governance, and the renewed ascendancy of private regulation. In the years immediately following the outbreak of crisis in financial markets, public regulation seemed almost to be attaining a position of command - the robustness and durability of which is explored here in respect of market conduct, European Union capital markets union, and US and EU competition policies. Subsequently there has been a softening of command and a return to public-private co-regulation, positioned within a narrative on culture. The potential and limits of culture as a regulatory resource are unpacked here in respect of occupational and organisational aspects, stakeholder connivance and wider political embeddedness. Lastly the book looks from both appreciative and critical perspectives at private regulation, through financial market associations, arbitration of disputes and, most controversially, market 'policing' by hedge funds. Bringing together a distinguished group of international experts, this book will be a key text for all those concerned with issues arising at the intersection of financial markets, law, culture and governance.

Designed with the student in mind, this contemporary and creative textbook takes the fear out of learning law, and enables students to apply it to their social work practice with confidence. Social Work Law is an exciting new textbook that supports students who are often intimidated by law as a subject. It helps them remember all the relevant Acts and legislation, and illustrates how the law can be applied in practice. Learning features such as mindmaps, end of chapter tests, and personal reflection boxes provide powerful tools for understanding and recall. It also explores key study skills to help students with essay preparation and taking a social work law exam. Mapped to modules and based on teaching needs, it supports lectures too with up to date content and worked examples to follow throughout. Accessible and engaging, this introduction guides readers through the modern professional and legal context of Social Work, equipping them with the tools they need to be able to think critically and adapt to whatever situation they may encounter in their practice. Whether a qualifying student on an undergraduate degree course, an Social Work degree apprentice, or a newly qualified social worker, this is the go-to textbook for being able to understand , think critically, and apply law to your social work practice.

Accusing someone of committing a crime arrests everyday social relations and unfurls processes that decide on who to admit to criminal justice networks. Accusation demarcates specific subjects as the criminally accused, who then face courtroom trials, and possible punishment. It inaugurates a crime's historical journey into being with sanctioned accusers successfully making criminal allegations against accused persons in the presence of authorized juridical agents. Given this decisive role in the production of criminal identities, it is surprising that criminal accusation has received relatively short shrift in sociological, socio-legal and criminological discourses. In this book, George Pavlich redresses this oversight by framing a socio-legal field directed to political rationales and practices of criminal accusation. The focus of its interrogation is the truth-telling powers of an accusatory lore that creates subjects within the confines of socially authorized spaces. And, in this respect, the book has two overarching aims in mind. First, it names and analyses powers of criminal accusation - its history, rationales, rites and effects - as an enduring gateway to criminal justice. Second, the book evaluates the prospects for limiting and/or changing apparatuses of criminal accusation. By understanding their powers, might it be possible to decrease the number who enter criminal justice's gates? This question opens debate on the subject of the book's final section: the prospects for more inclusive accusative grammars that do not, as a reflex, turn to exclusionary visions of crime and vengeful, segregated, corrective or risk-orientated punishment. Highlighting how expansive criminal justice systems are populated by accusatorial powers, and how it might be possible to recalibrate the lore that feeds them, this ground-breaking analysis will be of considerable interest to scholars working in socio-legal research studies, critical criminology, social theory, postcolonial studies and critical legal theory.

This volume elaborately studies the challenges posed and impact made by the Covid 19 pandemic. Through detailed case studies, it presents ethical, political, economic, medical, logistical and social impediments faced by contemporary states in the EU. The book focuses on the short and long-term consequences of the economic shock caused by the COVID-19 pandemic and covers issues concerning the world economy, the EU economy, as well as the Visegrad economies. The essays in this volume: Probes into the response of states to the economic phenomena resulting from the pandemic and analyses the institutional framework of the resulting crisis, lapses in social communication, social protests and the decline in democratic standards in countries such as the Czech Republic, Poland, Slovakia, and Hungary; Discusses issues related to state security under conditions of the pandemic, the effectiveness of state and self-government administration, the transition of states from an external controllability to an internal controllability model of power, as well as challenges related to security in the digital space; Presents policy actions at three basic levels, i.e. at the global, regional and sub-regional, and investigate strategies of the UN, WHO, the EU and the Visegrad Group as they play the most important role in the fight against COVID-19; This insightful and timely volume will be of great interest to scholars, researchers and anyone inquisitive about political theory, public policy, public health and social care, international relations, governance, security studies, and public administration.

Thousands of people in dozens of countries took to the streets when world food prices spiked in 2008 and 2011. What does the persistence of popular mobilization around food tell us about the politics of subsistence in an era of integrated food markets and universal human rights? This book interrogates this period of historical rupture in the global system of subsistence, getting behind the headlines and inside the politics of food for people on low incomes. The half decade of 2007-2012 was a period of intensely volatile food prices as well as unusual levels of popular mobilization, including protests and riots. Detailed case studies are included here from Bangladesh, Cameroon, India, Kenya and Mozambique. The case studies illustrate that political cultures and ways of organizing around food share much across geography and history, indicating common characteristics of the popular politics of provisions under capitalism. However, all politics are ultimately local, and it is demonstrated how the historic fallout of a subsistence crisis depends ultimately on how the actors and institutions articulate, negotiate and reassert their specific claims within the peculiarities of each policy. A key conclusion of the book is that the politics of provisions remain essential to the right to food and that they involve unruliness. In other words, food riots work. The book explains how and why they continue to do so even in the globalized food system of the 21st century. Food riots signal a state unable to meet a principal condition of its social contract, and create powerful pressure to address that most fundamental of failings. .

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 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.

Social Justice and Counseling represents the intersection between therapy, counseling, and social justice. The international roster of contributing researchers and practitioners demonstrate how social justice unfolds, utterance by utterance, in conversations that attend to social inequities, power imbalances, systemic discrimination, and more. Beginning with a critical interrogation of the concept of social justice itself, subsequent sections cover training and supervising from a social justice perspective, accessing local knowledge to privilege client voices, justice and gender, and anti-pathologizing and the politics of practice. Each chapter concludes with reflection questions for readers to engage experientially in what authors have offered. Students and practitioners alike will benefit from the postmodern, multicultural perspectives that underline each chapter.