The need to reduce disability and premature deaths from non-communicable diseases (NCDs) is increasingly engaging international organisations and national and sub-national governments. In this book, experts from a range of backgrounds provide insights into the legal implications of regulating tobacco, alcohol and unhealthy foods, all of which are risk factors for NCDs. As individual countries and the international community move to increase targeting of these risk factors, affected industries are turning to national and international law to challenge the resulting regulations. This book explores how the effective regulation of tobacco, alcohol and unhealthy foods can be achieved within the context of international health law, international trade and investment law, international human rights law, international intellectual property law, and domestic laws on constitutional and other matters. Its contributors consider the various tensions that arise in regulating NCD risk factors, as well as offering an original analysis of the relationship between evidence and health regulation. Covering a range of geographical areas, including the Americas, the European Union, Africa and Oceania, the book offers lessons for health and policy practitioners and scholars in navigating the complex legal fields in which the regulation of tobacco, alcohol and unhealthy foods takes place.

This book is a critical analysis of several of the most disaster-prone regions in Asia. Its unique focus is on the legal issues in the phase of disaster recovery, the most lengthy and difficult stage of disaster response that follows the conclusion of initial emergency stage of humanitarian aid. In the stage of disaster recovery, the law decides the fate of reconstruction for the individual houses and livelihoods of the disaster-affected people and sets the limit of governmental support for them during the lengthy period of suspension of normal living until full recovery is obtained. Researchers who were participant-observers in the difficult recovery phase after the mega-disasters in Asia analyse the reality of the functions of law which often hinder, rather than foster, efforts to restore disaster victims' lives. The book collects research conducted with an emphasis on empirical approaches to legal sociology, including direct interviews with people affected by the disaster. It offers a holistic approach beyond the traditional sectionalism of legal studies by starting with a historical review and incorporating both spheres of public law and private law, in order to obtain a new perspective that can concurrently achieve disaster risk reductions and human-centered recoveries. With particular emphasis on the unexplored area of law in the post-disaster recovery phase, this book will attract the attention of students and scholars of disaster studies, legal studies, Asian studies, as well as those who work in the practice of disaster management.

Technology has come to dominate the modern experience of pregnancy and childbirth, but instead of empowering pregnant women, technology has been used to identify the foetus as a second patient characterised as a distinct entity with its own needs and interests. Often, foetal and the woman's interests will be aligned, though in legal and medical discourses the two 'patients' are frequently framed as antagonists with conflicting interests. This book focuses upon the permissibility of encroachment on the pregnant woman's autonomy in the interests of the foetus. Drawing on the law in England & Wales, the United States of America and Germany, Samantha Halliday focuses on the tension between a pregnant woman's autonomy and medical actions taken to protect the foetus, addressing circumstances in which courts have declared medical treatment lawful in the face of the pregnant woman's refusal of consent. As a work which calls into question the understanding of autonomy in prenatal medical care, this book will be of great use and interest to students, researchers and practitioners in medical law, comparative law, bioethics, and human rights.

Traditionally relegated because of political pressure and public expectations, courts in Latin America are increasingly asserting a stronger role in public and political discussions. This casebook takes account of this phenomenon, by offering a rigorous and up-to-date discussion of constitutional adjudication in Latin America in recent decades. Bringing to the forefront the development of constitutional law by Latin American courts in various subject matters, the volume aims to highlight a host of creative arguments and solutions that judges in the region have offered. The authors review and discuss innovative case law in light of the countries' social, political and legal context. Each chapter is devoted to a discussion of a particular area of judicial review, from freedom of expression to social and economic rights, from the internalization of human rights law to judicial checks on the economy, from gender and reproductive rights to transitional justice. The book thus provides a very useful tool to scholars, students and litigants alike.

In an age of smartphones, Facebook and YouTube, privacy may seem to be a norm of the past. This book addresses ethical and legal questions that arise when media technologies are used to give individuals unwanted attention. Drawing from a broad range of cases within the US, UK, Australia, Europe, and elsewhere, Mark Tunick asks whether privacy interests can ever be weightier than society's interest in free speech and access to information. Taking a comparative and interdisciplinary approach, and drawing on the work of political theorist Jeremy Waldron concerning toleration, the book argues that we can still have a legitimate interest in controlling the extent to which information about us is disseminated. The book begins by exploring why privacy and free speech are valuable, before developing a framework for weighing these conflicting values. By taking up key cases in the US and Europe, and the debate about a 'right to be forgotten', Tunick discusses the potential costs of limiting free speech, and points to legal remedies and other ways to develop new social attitudes to privacy in an age of instant information sharing. This book will be of great interest to students of privacy law, legal ethics, internet governance and media law in general.

Women's employment is one of the most widely-discussed and often-misunderstood issues of modern society. Are women today oppressed, or do they have the best of both worlds? Do women have to go out to work to gain equality with men, or do they already do more than their share of domestic work, caring work and voluntary work as well as work in the informal economy? Do women seek careers on the same terms as men, or are they content to be dependent wives or secondary earners taking jobs on a short-term basis? How important is job segregation in explaining the 20% pay gap between men and women? Have equal opportunities laws had any real impact? Are women in Europe lagging behind, or are they at the forefront of developments in modern societies? This new updated edition of Catherine Hakim's classic text addresses all the key issues currently debated in relation to women's work - in the domestic sphere, as well as paid employment. Dr Hakim tests the power of patriarchy theory and preference theory against economic theories. Sex discrimination, work-life balance, part-time work, flexible hours, homeworking, career patterns across the life cycle, labour mobility, labour turnover, the returns to education, occupational segregation, the pay gap, the glass ceiling, and the impact of European Union policies are all considered. Analysis of historical developments over the twentieth century, based on censuses, is complemented by case studies of people working in occupations undergoing dramatic change. Throughout the book, comparisons are drawn between the USA, Britain, other European countries, Canada, Australia, and also China, Japan and other Far Eastern societies. The analysis draws on sociology, economics, psychology, labour law, history and social anthropology to conclude that the diversity of women's life goals and lifestyle preferences is increasing. This explains the growing polarisation of women's employment and many contradictory recent research results.

Sexual Offences: Law and Context presents the substantive law governing sexual offending in England and Wales in its socio-legal and historical context. It outlines the complexities of the Sexual Offences Act 2003, associated pieces of legislation and the common law offences in a clear, linear narrative. The book highlights and discusses key themes in the contemporary law including rape and consent, sexual offences against children, abuse of people with mental disorders, pornography offences, and prostitution. It offers a critical discussion of challenges for the law and potential ways forward for the future. Designed to be a comprehensive overview, Sexual Offences: Law and Context will be an invaluable resource for students of law and criminology taking courses on sexual offences or pursuing research in this area.

In an attempt to abolish prostitution, Sweden criminalised the purchase of sex in 1999, while simultaneously decriminalising its sale. In so doing, it set itself apart from other European states, promoting itself as the pioneer of a radical approach to prostitution. What has come to be referred to as 'the Swedish model' has been enormously influential, and has since been adopted and proposed by other countries. This book establishes the outcomes of this law - and the law's justifying narratives - for the dynamics of Swedish sex work, and upon the lives of sex workers. Drawing on recent fieldwork undertaken in Sweden over several years, including qualitative interviewing and participant observation, Jay Levy argues that far from being a law to be emulated, the Swedish model has had many detrimental impacts, and has failed to demonstrably decrease levels of prostitution. Criminalising the Purchase of Sex: Lessons from Sweden utilises a wealth of respondent testimony and secondary research to redress the current lack of primary academic research and to contribute to academic discussion on this politically-charged and internationally relevant topic. This original and timely work will be of interest to sex worker rights organisations, policy makers and politicians, as well as researchers, academics and students across a number of related disciplines, including law, sociology, criminology, human geography and gender studies.

The relationships between knowledge, technologies, and legal processes are central to the constitution of contemporary societies. As such, they have come to provide the focus for a range of academic projects, across interdisciplinary legal studies and the social sciences. The domains of medical law and ethics, intellectual property law, environmental law and criminal law are just some of those within which the pervasive place and 'impact' of technoscience is immediately apparent. At the same time, social scientists investigating the making of technology and expertise - in particular, scholars working within the tradition of science and technology studies - frequently interrogate how regulation and legal processes, and the making of knowledge and technologies, are intermingled in complex ways that come to shape and define each other. This book charts the important interface between studies of law, science and society, as explored from the perspectives of socio-legal studies and the increasingly influential field of science and technology studies. It brings together scholars from both areas to interrogate the joint roles of law and science in the construction and stabilization of socio-technical networks, objects, and standards, as well as their place in the production of contemporary social realities and subjectivities.

This book provides an applied model of corruption to identify, analyse, and assess the ethics of major types of corruption in the media involving practices such as cash-for-comment, media release journalism, including video news releases (VNRs), fake news, deep fakes, and staged news. The book starts with a conceptual philosophical analysis of corruption in general, followed by an in-depth analysis of media corruption, across its various transformations, from the legacy media of the 4th Estate (e.g. The UK Guardian) to the digital media of the 5th Estate (e.g. Social Media and Wikileaks) to the Network Media of the 6th Estate (e.g. Facebook and Google), and provides key case studies as practical illustrations and contextualisation of those major types of media corruption. It explains how the conversion of the two forms of media communication, corporate and social digital communication, as expressed in the symbiotic relationship between the 4th Estate and the 5th Estate exposes and enables the reporting of corruption, signalling a major shift in the way the media itself can provide an effective means for anti-corruption measures against major practices of corruption that would have otherwise gone unnoticed.

In Sexual Aggression Against Children: Pedophiles' and Abusers' Development, Dynamics, Treatability, and the Law, Drs. Blackman and Dring use multiple psychoanalytic principles to answer, "Why do people sexually abuse children?" and "Why are most abusers male"? They address the legal and mental health professions' minimization of the horrific nature of child sexual abuse, explain how to assess pedophiles' treatability, and discuss cases of adolescent and adult predators. Also, developmental analysis of sexual predation is integrated with a review of judicial decisions regarding civil commitment and punishment of abusers. The authors suggest how courts, evaluators, and legislatures can preserve constitutional rights of sexual offenders while prioritizing protection of children.

Sexual Offences: Law and Context presents the substantive law governing sexual offending in England and Wales in its socio-legal and historical context. It outlines the complexities of the Sexual Offences Act 2003, associated pieces of legislation and the common law offences in a clear, linear narrative. The book highlights and discusses key themes in the contemporary law including rape and consent, sexual offences against children, abuse of people with mental disorders, pornography offences, and prostitution. It offers a critical discussion of challenges for the law and potential ways forward for the future. Designed to be a comprehensive overview, Sexual Offences: Law and Context will be an invaluable resource for students of law and criminology taking courses on sexual offences or pursuing research in this area.

Both risk and uncertainty are neo-liberal concepts, which can be viewed as complementary techniques for governing diverse aspects of life, rather than natural states of things. This new book examines the way these constructs govern the production of wealth through 'uncertain' speculation and 'calculable' investment formulae. The way in which risk and uncertainty govern the minimisation of harms through insurance and through the uncertain practices of 'reasonable foresight' is discussed, and O Malley looks at the way these same techniques were historically forged out of moral and social beliefs about how to govern properly. In addition, the book analyzes is how, during this process, ideas such as 'contract' and distinctions between insurance and gambling were invented to order to 'properly' govern the risky and uncertain future.

In Sexual Aggression Against Children: Pedophiles' and Abusers' Development, Dynamics, Treatability, and the Law, Drs. Blackman and Dring use multiple psychoanalytic principles to answer, "Why do people sexually abuse children?" and "Why are most abusers male"? They address the legal and mental health professions' minimization of the horrific nature of child sexual abuse, explain how to assess pedophiles' treatability, and discuss cases of adolescent and adult predators. Also, developmental analysis of sexual predation is integrated with a review of judicial decisions regarding civil commitment and punishment of abusers. The authors suggest how courts, evaluators, and legislatures can preserve constitutional rights of sexual offenders while prioritizing protection of children.

Niklas Luhmann is recognised as a major social theorist, and his treatise on the sociology of law is a classic text. For Luhmann, law provides the framework of the state, lawyers are the main human resource for the state, and legal theory provides the most suitable base from which to theorize on the nature of society. He explores the concept of law in the light of a general theory of social systems, showing the important part law plays in resolving fundamental problems a society may face. He then goes on to discuss in detail how modern 'positive' - as opposed to 'natural' - law comes to fulfil this function. The work as a whole is not only a contribution to legal sociology, but a major work in social theory. With a revised translation, and a new introduction by Martin Albrow.

Focusing on the intersection of politics and law in six western European countries and in two supra-national bodies, the contributors here aim to debunk the myth that judges are merely "la bouche de la loi" and analyze similiarities in policy-making of the judiciaries from one nation to the next.

Buying and Clearing Rights is the first work to consider the difficulties of rights clearances in all forms of media. It offers practical advice on how to plan, clear and pay for rights. Covering such areas as co-production and the co-financing of contracts, multimedia, text, pictures, footage, software, moral rights and production paperwork, this book will be of use to producers, directors, suppliers of creative material and distributors as well as academics and media studies students.

Many prosecutors and commentators have praised the victim provisions at the International Criminal Court (ICC) as 'justice for victims', which for the first time include participation, protection and reparations. This book critically examines the role of victims in international criminal justice, drawing from human rights, victimology, and best practices in transitional justice. Drawing on field research in Northern Uganda, Luke Moffet explores the nature of international crimes and assesses the role of victims in the proceedings of the ICC, paying particular attention to their recognition, participation, reparations and protection. The book argues that because of the criminal nature and structural limitations of the ICC, justice for victims is symbolic, requiring State Parties to complement the work of the Court to address victims' needs. In advancing an innovative theory of justice for victims, and in offering solutions to current challenges, the book will be of great interest and use to academics, practitioners and students engaged in victimology, the ICC, transitional justice, or reparations.

This book examines the issues of crime and its control in the twenty-first century - an era of human history where people live in an increasingly interconnected and interdependent world - providing invaluable and first-hand readings for undergraduate and postgradate students.

A 30-year-old Polish lady is admitted in labour. This is her first pregnancy and she is full term. She is in a lot of pain, her liquor is stained with meconium and the trace of her baby's heart is classified as pathological. Her grasp of English is limited. You have been asked to obtain her consent for a caesarean section... 100 Cases in Clinical Ethics and Law explores legal and ethical dilemmas through 100 clinical scenarios typical of those encountered by medical students and junior doctors in the emergency or outpatient department, on the ward or in the community setting. Covering issues such as consent, capacity, withdrawal of treatment, confidentiality and whistle-blowing, each scenario has a practical problem-solving element, encouraging readers to explore their own beliefs and values including those that arise as a result of differing cultural and religious backgrounds. Answer pages highlight key points in each case, providing advice on how to deal with the emotive issues that occur when practising medicine and guidance on appropriate behaviour. Making speedy and appropriate decisions, and choosing the best course of action to take as a result, is one of the most important and challenging parts of training to become a doctor. These true-to-life cases will teach students and junior doctors to recognize ethical and legal dilemmas as they arise, and to respond appropriately.

Hopes are high that stem cell (SC) research will lead to treatments and cures for some of the most serious diseases affecting humankind today. SC science has been used in a treatment setting in the replacement of patients' windpipes and in restoring sight to patients who were blind in one eye and in future it is hoped that when the body is injured it will be able to be stimulated to produce those types of SCs necessary to repair the particular damage caused. In the meantime, research into specific treatments for a wide range of serious conditions is being undertaken including Alzheimer's disease, cancer, and diabetes. The book considers the regulatory governance of stem cell research, setting out a readily understandable account of the science and the challenges it poses for regulators as the research is increasingly being clinically applied. It provides a critical account of those elements of a regulatory system which will be required for any jurisdiction aiming to facilitate innovative and productive SC research while maintaining appropriate ethical and legal controls. The book addresses the specific failings in the current regulatory approach to SC research in the UK and goes on to look at the regulatory approaches in the US. The book systematically analyses the roles and responsibilities of the three key participants who collaborate in this process: regulators, scientists and tissue providers, arguing that a regulatory system which fails to recognise and facilitate the vital role which each of these three groups plays runs the risk of impairing the chances of the hopes for SC research being realised. The book places a particular emphasis on ensuring that those who contribute their bodily tissues to this endeavour are treated fairly, involving a recognition that their tissues are their property.

Advances in the field of Assisted Reproductive Technology (ART) have been revolutionary. This book focuses on the use of ARTs in the context of families who seek to conceive a matching sibling donor as a source of tissue to treat an existing sick child. Such children have been referred to as 'saviour siblings'. Considering the legal and regulatory frameworks that impact on the accessibility of this technology in Australia and the UK, the work analyses the ethical and moral issues that arise from the use of the technology for this specific purpose. The author claims the only justification for limiting a family's reproductive liberty in this context is where the exercise of reproductive decision-making results in harm to others. It is argued that the harm principle is the underlying feature of legislative action in Western democratic society, and as such, this principle provides the grounds upon which a strong and persuasive argument is made for a less-restrictive regulatory approach in the context of 'saviour siblings'. The book will be of great relevance and interest to academics, researchers, practitioners and policy makers in the fields of law, ethics, philosophy, science and medicine.

Based on the IOM's estimate of 44,000 deaths annually, medical errors rank as the eighth leading cause of death in the U.S. Clearly medical errors are an epidemic that needs to be contained. Despite these numbers, patient safety and medical errors remain an issue for physicians and other clinicians. This book bridges the issues related to patient safety by providing clinically relevant, vignette-based description of the areas where most problems occur. Each vignette highlights a particular issue such as communication, human facturs, E.H.R., etc. and provides tools and strategies for improving quality in these areas and creating a safer environment for patients.

The banking of human tissues for clinical transplantation has grown exponentially in the past 10-15 years. Tissue banks have been set up throughout the world, initially on an ad hoc basis. More recently these have grown and in many countries have linked up with larger international companies. While standards for the procurement, processing and storage of the tissues have kept pace with the growth of the subject, this is not so with the legal considerations associated with the practice. There is no unified legal system which is internationally operated. Europe, USA, Asia, Latin America, China have been developing legal systems on an individual basis.This book describes the present state of the development of laws to control and make the banking and use of tissues legal and safe. It describes, for the first time, the current systems which are used throughout the world and points the way to setting up a harmonized global legal system.