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Books > Law > Laws of other jurisdictions & general law > Social law > General
Handbook of Forensic Mental Health Services focuses on assessment, treatment, and policy issues regarding juveniles and adults in the criminal and civil systems. Uniquely, this volume is designed for professionals who deliver mental health services, rather than researchers. Just like its parent series, its goal revolves around improving the quality of mental health care services in forensic settings. It achieves this by integrating the findings related to clinical practice, administration, and policy from trends and best practice internationally that mental health professionals can implement.
Recent advances in medical technology have provided healthcare staff with the possibility of maintaining the life of a brain-dead pregnant woman on life-support in order to achieve successful delivery of the foetus. Management of Post-Mortem Pregnancy examines the legal and ethical difficulties surrounding such post-mortem management. Offering practical guidance based on a combined analysis of similar situations that affect pregnant women's lifestyle and physical condition and of the legal framework of pregnancy clauses in advance directive legislation, the volume considers pregnant women's obligations towards their foetuses. It discusses the main moral, legal, psychological, religious, spiritual and physical aspects of the question on the interests of dead people, as well as the jurisprudential question of the foetus' interests. The book will be a valuable guide for all those involved with the decision-making process of such tragic cases. It will also be of wider use to anyone with an interest in legal, ethical and bio-medical issues.
Is charity law a 'private law' or a 'public law' subject? This book maps charity law's relationship to the public law-private law divide, arguing that charity law is best understood as a hybrid (public-private) legal tradition that is constantly seeking to maintain an equilibrium between the protection of the autonomy of property-owning individuals to direct and control their wealth, and the furtherance of competing public visions of the good. Of interest to scholars and charity lawyers alike, The Public-Private Nature of Charity Law applies its unique lens both to traditional topics such as the public benefit rule and charity law's rules of standing, and to more contemporary issues such as the co-optation of charitable resources by threatened welfare states and the emergence of social enterprise. 'This book should be read by all who are interested in the respective domains of public and private law. Kathryn Chan brings new light to the divide and reveals the way in which both public and private law inform charity law. The book is subtle, original and rigorous, with an excellent grasp of primary and secondary material.' - Paul Craig, Professor of English Law at the University of Oxford and a Fellow of St John's College 'An original and thought-provoking book which takes the somewhat unruly law of charities and, with great insight and clarity, helps it to find its place on the legal map.' - Mary Synge, Associate Professor in Law at the University of Exeter 'Kathryn Chan's impressive monograph breaks new ground in its analytical approach towards charity in the modern world. Her careful study helps us to understand how charitable enterprises partake of the values and concerns of both public and private law, and to evaluate the strength and weaknesses of different approaches to the governance of charitable enterprises.' - Lionel Smith, Sir William C Macdonald Professor of Law, McGill University
This volume addresses the central tension in debates between 'mainstream' and 'critical' tax theorists which reflects a clash of perspectives: is taxation primarily a matter of social science or of social justice? Should tax policy debates be grounded in economics or in critical race, feminist, queer, and other outsider perspectives? With contributions from leading mainstream and critical tax scholars, this volume takes the first step toward bridging the gap between these differing perspectives on tax law and policy.
Handbook of Forensic Mental Health Services focuses on assessment, treatment, and policy issues regarding juveniles and adults in the criminal and civil systems. Uniquely, this volume is designed for professionals who deliver mental health services, rather than researchers. Just like its parent series, its goal revolves around improving the quality of mental health care services in forensic settings. It achieves this by integrating the findings related to clinical practice, administration, and policy from trends and best practice internationally that mental health professionals can implement.
Crime is undergoing a metamorphosis. The online technological revolution has created new opportunities for a wide variety of crimes which can be perpetrated on an industrial scale, and crimes traditionally committed in an offline environment are increasingly being transitioned to an online environment. This book takes a case study-based approach to exploring the types, perpetrators and victims of cyber frauds. Topics covered include: An in-depth breakdown of the most common types of cyber fraud and scams. The victim selection techniques and perpetration strategies of fraudsters. An exploration of the impact of fraud upon victims and best practice examples of support systems for victims. Current approaches for policing, punishing and preventing cyber frauds and scams. This book argues for a greater need to understand and respond to cyber fraud and scams in a more effective and victim-centred manner. It explores the victim-blaming discourse, before moving on to examine the structures of support in place to assist victims, noting some of the interesting initiatives from around the world and the emerging strategies to counter this problem. This book is essential reading for students and researchers engaged in cyber crime, victimology and international fraud.
Cases such as the Maastricht ruling by the German Federal Constitutional Court or the 'Crotty; decision by the Irish Supreme Court have gone down in the history of European integration as outstanding examples of intervention by judicial actors in important political processes. In this book, Dr. Castillo Ortiz makes for the first time a comprehensive analysis of all such rulings by national higher courts on European Union treaties issued during their processes of ratification. Using an interdisciplinary Law and Politics approach and a sophisticated methodological strategy, the book describes the political dynamics underlying some of the most relevant judicial episodes in the process of European Integration during the last decades: litigation strategies by Europhile and Eurosceptic actors, relations between the judiciary and the other branches of government, and clashes of power between national courts and the European Court of Justice of the European Union. By offering empirical evidence and by relying on scientific rigor, the book seeks to provide both experts and the general public an accessible account of one of the most salient but least studied aspects of current European law and politics.
In this volume charity commissioners and leading charity policy reformers from across the world reflect on the aims and objectives of charity regulation and what it has achieved. Regulating Charities represents an insider's review of the last quarter century of charity law policy and an insight for its future development. Charity Commissioners and nonprofit regulatory agency heads chart the nature of charity law reforms that they have implemented, with a 'warts and all' analysis. They are joined by influential sector reformers who assess the outcomes of their policy agitation. All reflect on the current state of charities in a fiscally restrained environment, often with conservative governments, and offer their views on productive regulatory paths available for the future. This topical collection brings together major charity regulation actors, and will be of great interest to anyone concerned with contemporary third sector policy-making, public administration and civil society.
Justice in domestic courts is one of the most prominent aims of victims seeking to obtain accountability for human rights violations. It is, however, also one of the most difficult to achieve. In many Latin American countries, as well as elsewhere, activists have put human rights prosecutions forward as a fundamental means to end impunity, build democracy, strengthen the rule of law and address victims' rights. But there is still little knowledge about what actually happens when these judicial mechanisms are effectively put to work. Can prosecutions of mass human rights violations contribute to overcome the effects of state violence and impunity? Can trials enable meaningful reparative changes for victims in their local contexts? Analysing the human rights trials in Argentina established to prosecute those responsible for human rights violations during the military dictatorship, this book addresses how and why domestic prosecutions can operate as a means for reparation and contribute to dealing with the damage caused by crimes against humanity. Based on a series of interviews conducted with victims participating in these prosecutions, as well as with lawyers, prosecutors, judges and other relevant actors in five provinces of Argentina, this book will be of considerable interest to those studying and working in the interdisciplinary field of transitional justice and human rights. The PhD thesis on which this book was based was awarded with the 2016 Doctoral Studies Award of the Philipps University of Marburg in Germany.
This book reflects on the many contributions made in and to European bioethics to date, in various locations, and from various disciplinary perspectives. In so doing, the book advances understanding of the academic and social status of European bioethics as it is being supported and practiced by various disciplines such as philosophy, law, medicine, and the social sciences, applied to a wide range of areas. The European focus offers a valuable counter-balance to an often prominent US understanding of bioethics. The volume is split into four parts. The first contains reflection on bioethics in the past, present and future, and also considers how comparison between countries and disciplines can enrich bioethical discourse. The second looks at bioethics in particular locations and contexts, including: policy, boardrooms and courtrooms; studios and virtual rooms; and society, while the third part explores the translation of theories and concepts of bioethics into the clinical setting. The fourth and final section focuses on academic expressions of bioethics, as it is theorised in various disciplines and also as it is taught, whether in classrooms or at the patient's bedside. The book features unique contributions from a range of experts including: Alastair V Campbell; Ruth Chadwick; Angus Dawson; Raymond G. De Vries; Suzanne Ost; Renzo Pegoraro; Rouven Porz; Paul Schotsmans; Jochen Vollmann; Guy Widdershoven and Hub Zwart. Chapter 10 of this book ''You Don't Need Proof When You've Got Instinct!': Gut Feelings and Some Limits to Parental Authority' by Giles Birchley is available under an open access CC BY NC ND license and can be viewed at: http://www.tandfebooks.com/userimages/ContentEditor/1438250845242/9780415737197_chapter10.pdf .
Bringing a sociologist's insight to legal institutions and narratives, this book is an innovative and timely sociological contribution to current concerns regarding critical cosmopolitanism, human rights and crimes against humanity.
Crime perpetrated by healthcare professionals is increasingly pervasive in today's hospitals and other healthcare settings. Patients, coworkers, and employers are vulnerable to exploitation, fraud, abuse, and even murder. Investigative journalist Kelly M. Pyrek interviews experts who provide accounts concerning the range of criminality lurking in the healthcare setting in Healthcare Crime: Investigating Abuse, Fraud, and Homicide by Caregivers. Examines the root causes and the opportunities The book begins by offering perspectives on how the stressors inherent in the healthcare profession can contribute to aberrant behavior by medical practitioners. It then examines breaches of patient privacy, which can easily occur in today's age of technology. Highlighting appalling cases of exploitation, the book also suggests guidelines to safeguard patient privacy. Identifies the victims most at risk, and those who are their greatest threats In a chapter on abuse and assault, the book cites psychological studies that explain the root causes of victimization. It highlights the patient populations most at risk: disabled, psychiatric, and elderly, and identifies the chief victimizers: physicians, psychiatrists, dentists, pediatricians, and nursing assistants and aides. The book also examines the types of financial fraud and theft that can be perpetrated against not only patients but also employers and government agencies, and provides expert insight on how to take preventative measures. Discusses notorious serial murders in the medical profession Providing accounts of well-known healthcare-related homicides and suspicious deaths, the book also presents insights from forensic and serial murder experts as to why these incidents occur, warning signs to watch out for, and how to conduct a proper investigation. The final chapter examines simple, straightforward strategies for improving the level of quality of care and safety provided by healthcare institutions. With greater accountability and oversight, patients can once again feel secure that their providers are embracing the maxim "Above all, do no harm."
As medical devices become even more intricate, concerns about efficacy, safety, and reliability continue to be raised. Users and patients both want the device to operate as specified, perform in a safe manner, and continue to perform over a long period of time without failure. Following in the footsteps of the bestselling second edition, Reliable Design of Medical Devices, Third Edition shows you how to improve reliability in the design of advanced medical devices. Reliability engineering is an integral part of the product development process and of problem-solving activities related to manufacturing and field failures. Mirroring the typical product development process, the book is organized into seven parts. After an introduction to the basics of reliability engineering and failures, it takes you through the concept, feasibility, design, verification and validation, design transfer and manufacturing, and field activity phases. Topics covered include Six Sigma for design, human factors, safety and risk analysis, and new techniques such as accelerated life testing (ALT) and highly accelerated life testing (HALT). What's New in This Edition Updates throughout, reflecting changes in the field An updated software development process Updated hardware test procedures A new layout that follows the product development process A list of deliverables needed at the end of each development phase Incorporating reliability engineering as a fundamental design philosophy, this book shares valuable insight from the author's more than 35 years of experience. A practical guide, it helps you develop a more effective reliability engineering program-contributing to increased profitability, more satisfied customers, and less risk of liability.
Taking Northern Ireland as its primary case study, this book applies the burgeoning literature in memory studies to the primary question of transitional justice: how shall societies and individuals reckon with a traumatic past? Joseph Robinson argues that without understanding how memory shapes, moulds, and frames narratives of the past in the minds of communities and individuals, theorists and practitioners may not be able to fully appreciate the complex, emotive realities of transitional political landscapes. Drawing on interviews with what the author terms "memory curators," coupled with a robust analysis of secondary literature from a range of transitional cases, the book analyses how the bodies of the dead, the injured, and the traumatised are written into - or written out of - transitional justice. The author argues that scholars cannot appreciate the dynamism of transitional memory-space unless they first engage with the often silenced or marginalised voices whose memories remain trapped behind the antagonistic politics of fear and division. Ultimately challenging the imperative of national reconciliation, the author argues for a politics of public memory that incubates at multiple nodes of social production and can facilitate a vibrant, democratic debate over the ways in which a traumatic past can or should be remembered.
Drawing on a range of research and media sources to provide an international perspective on the topic of prison violence, this book focuses on the impact of such violence on the individual both while he or she is incarcerated and upon his or her release from prison, as well as on society as a whole. With a special emphasis on comparisons of violence among incarcerated populations in the United States, Canada and the United Kingdom, Prison Violence: Causes, Consequences and Solutions explores the various systems that exist to combat the problem, whilst also considering public perceptions of offenders and punishment, as influenced by media and coverage of high-profile cases. Providing a comprehensive analysis of prison violence on national and international levels, this book examines the extent of the problem, theoretical understandings of the issue and concrete solutions designed to prevent and handle such violence. As such, it will be of interest to policy makers as well as scholars of sociology, criminology and penology.
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.
Up to date and informative, the Yearbook of Copyright and Media Law is now well established as a key source of information and analysis for all copyright, media and entertainment law professionals. It responds to practical developments and problem areas such as the Internet and Multimedia while also making a serious contribution to copyright and media law as a legal discipline. The central feature of the Yearbook is the range of annual surveys prepared by expert practising lawyers. Covering all issues from copyright, trademarks, licensing societies and new technology to libel, contempt of court and music contracts, the surveys contain considered and thorough analysis of the most recent developments in the UK, the EC, and beyond.
When the financial markets collapsed in 2008, the media industry was affected by a major slump in advertising revenues, and a formerly highly successful business model fell into a state of decay. This economic crisis has threatened core social values of contemporary democracies, such as freedom, diversity and equality. Taking a normative and policy perspective, this book discusses threats and opportunities for the media industry in Europe: What are the implications of the crisis for professional journalism, the media industry, and the process of political communication? Can non- state and non-market actors profit from the crisis? And what are media policy answers at the national and European level?
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. .
In recent years, there have been a number of concerns about the recognition of religious laws and the existence of religious courts and tribunals. There has also been the growing literature on legal pluralism which seeks to understand how more than one legal system can and should exist within one social space. However, whilst a number of important theoretical works concerning legal pluralism in the context of cultural rights have been published, little has been published specifically on religion. Religion and Legal Pluralism explores the extent to which religious laws are already recognised by the state and the extent to which religious legal systems, such as Sharia law, should be accommodated.
The statutory duty of public service ombudsmen (PSO) is to investigate claims of injustice caused by maladministration in the provision of public services. This book examines the modern role of the ombudsman within the overall emerging system of administrative justice and makes recommendations as to how PSO should optimize their potential within the wider administrative justice context. Recent developments are discussed and long standing questions that have yet to be adequately resolved in the ombudsman community are re-evaluated given broader changes in the administrative justice sector. The work balances theory and empirical research conducted in a number of common law countries. Although there has been much debate within the ombudsman community in recent years aimed at developing and improving the practice of ombudsmanry, this work represents a significant advance on current academic understanding of the discipline.
Divided into three parts, this edited volume gives an overview of current topics in law and ethics in relation to intellectual property. It addresses practical issues encountered in everyday situations in politics, research and innovation, as well as some of the underlying theoretical concepts. In addition, it provides an insight into the process of international policy-making, showing the current problems in the area of intellectual property in science and research. It also highlights changes in the fundamental understanding of common and private property and the possible implications and challenges for society and politics.
This text comprises cutting-edge research on one of the greatest global challenges: the failure to address systematic economic and social exclusion, and attendant violations of economic and social rights (ESR), as a driver of conflict. The text explores what the UN's obligation to maintain international peace and security can mean when it is informed by the requirement to protect and promote ESR, rights that play a crucial role in maintaining international peace and security but which are often overlooked. The book considers the extent to which Security Council mandated peace operations have been informed by human rights and efforts to promote economic and social development. The approach is to analyse the extent to which the Security Council has interacted with the General Assembly, the Economic and Social Council as well as other Charter-based mechanisms such as the Human Rights Council, and its predecessor, with particular reference to the role of the Special Procedure Mechanisms. The role of the UN High Commissioner for Human Rights is also considered. In this way, the text shows that the connection between peace and security and human rights is well recognised by these organs. In addition, the text considers States' ESR obligations stemming from the extraterritorial application of such rights in the context of peace operations. Given that States' obligations stemming from ESR have often been neglected, the book examines how such provision could be improved using ESR-grounded plans reflecting the rights to health, food, water, education, work and life. The text concludes with a call to reimagine what international peace and security can look like when it is informed by the need to recognise the emergence of post-conflict legal obligations based on broader concepts of international peace and security that draw from ESR. This text will appeal to legal scholars, policy advisors, members of the military, those working in the area of development, NGOs and final-year undergraduate and/or postgraduate students working in the areas of international law, political science and international relations, and associated fields of research.
Law moves, whether we notice or not. Set amongst a spatial turn in the humanities, and jurisprudence more specifically, this book calls for a greater attention to legal movement, in both its technical and material forms. Despite various ways the spatial turn has been taken up in legal thought, questions of law, movement and its materialities are too often overlooked. This book addresses this oversight, and it does so through an attention to the materialities of legal movement. Paying attention to how law moves across different colonial and contemporary spaces, this book reveals there is a problem with common law's place. Primarily set in the postcolonial context of Australia - although ranging beyond this nationalised topography, both spatially and temporally - this book argues movement is fundamental to the very terms of common law's existence. How, then, might we move well? Explored through examples of walking and burial, this book responds to the challenge of how to live with a contemporary form of colonial legal inheritance by arguing we must take seriously the challenge of living with law, and think more carefully about its spatial productions, and place-making activities. Unsettling place, this book returns the question of movement to jurisprudence.
This book offers real insight into some of the more complex ethical issues that are encountered whilst treating patients both in the community and in hospital. It provides a holistic guide on the skills that medical students and junior doctors need to acquire to achieve professional integrity. |
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