This book deals with the theoretical, methodological, and empirical implications of bounded rationality in the operation of institutions. It focuses on decisions made under uncertainty, and presents a reliable strategy of knowledge acquisition for the design and implementation of decision-support systems. Based on the distinction between the inner and outer environment of decisions, the book explores both the cognitive mechanisms at work when actors decide, and the institutional mechanisms existing among and within organizations that make decisions fairly predictable. While a great deal of work has been done on how organizations act as patterns of events for (boundedly) rational decisions, less effort has been devoted to study under which circumstances organizations cease to act as such reliable mechanisms. Through an empirical strategy on open-ended response data from a survey among junior judges, the work pursues two main goals. The first one is to explore the limits of "institutional rationality" of the Spanish lower courts on-call service, an optimal scenario to observe decision-making under uncertainty. The second aim is to achieve a better understanding of the kind of uncertainty under which inexperienced decision-makers work. This entails exploring the demands imposed by problems and the knowledge needed to deal with them, making this book also a study on expertise achievement in institutional environments. This book combines standard multivariate statistical methods with machine learning techniques such as multidimensional scaling and topic models, treating text as data. Doing so, the book contributes to the collaboration between empirical social scientific approaches and the community of scientists that provide the set of tools and methods to make sense of the fastest growing resource of our time: data.

This is the first book to provide an in-depth study of the juvenile transfer process. Criminal justice's get tough policy has led to greater use of this process which, on the surface, transfers persistent juvenile offenders to criminal court jurisdiction in order to impose more serious penalties. The implications of this growing phenomenon are increasingly important for both the juvenile and criminal court systems. Champion and Mays' analysis includes descriptions of juvenile courts, types of offenders processed by these courts, and characteristic outcomes of transfers. Examining the transfer process in detail, they explore social and legal definitions of delinquency; goals and functions of transfers; legal rights of juveniles; and the implications of possible penalties, such as the death penalty. Questions such as whether transfers necessarily result in harsher punishment are discussed at length. Transferring Juveniles to Criminal Courts is designed for students majoring in criminal justice, public administration, political science, sociology, and psychology.

Examining the transfer process, Chapter One provides a thorough discussion of the social and legal definitions of delinquency. Chapter Two is an overview of juvenile options, juvenile punishments, public policy, and the theme of deterring juvenile offenders. A description of transfers in different jurisdictions, including their goals and functions, is provided in Chapter Three. Chapter Four then explores the various implications of these transfers. Public policy is examined as it relates to the prevalent get tough policy. Chapter Five describes the criminal court and some of the varied functions served by these courts. Finally, Chapter Six summarizes several important trends relating to juvenile transfers. It includes male/female juvenile comparisons, the issue of selective certification, implications of prison overcrowding, and the emergence of a unified court system. An up-to-date bibliography is provided for further research.

The book addresses the paradigm shift in education governance in China through a study of two legislation episodes in China: the 1986 Compulsory Education Law and the 2006 Compulsory Education Law Amendment. The research began with two broad questions: how was the Compulsory Education Law made and amended? Why was it made and amended? Using ethnographic interviews and documentary analysis as the main research methods, more specific questions on both legislative processes were delved into as the research evolved: What were the driving forces behind the 1986 and 2006 legislation? What values of compulsory education were assumed in their central decisions? What was the institutional rationale underpinning them? Data was collected through ethnographic interviews with key informants involved in the policymaking process. The research findings were analyzed and presented on the basis of narration analysis. The policymaking process of the legislation was then analyzed from three paradigms: agenda-setting, decision-making and organizational behavior. Finally, by examining the results of the previous stages of analysis, and further comparing the two cases, the research arrived at a theoretical framework for education governance that embraces three essential elements: political ideology, perceived value of education, and institutional rationale. A thorough analysis of the two legislative processes identified that the political ideology - which shifted from efficiency-oriented economic well-being to equity-oriented social cohesion - steered the agenda-setting of the compulsory education legislation. The perceived value of education reflects the role that education plays in development, changing from economic value to social value. The institutional rationale essentially determines strategies by which compulsory education materializes, with a variance from governing by goal and mobilization to governing by accountability and regulation. In conclusion, education governance in China witnessed a paradigm shift from "economic instrumentalism" to "social rationalism" between mid-1980s and 2006.

With a Foreword by Dr Ralf-Rene Weingartner, Director for Youth and Sport, Council of Europe, Strasbourg The Council of Europe is unquestionably the body that has made the most substantial contribution to paving the way for a European sports model. The Council of Europe was the first international intergovernmental organisation to take initiatives to establish legal instruments, and to offer an institutional framework for the development of sport at European level. The first stage of the Council of Europe's work in this field was marked by the adoption of the Committee of Ministers' Resolution on Doping of Athletes (1967). The extensive work of the Council of Europe on sport is evident through its main instruments on sport, such as the European Sports Charter, the Code of Sports Ethics, the European Convention on Spectator Violence, and the Anti-Doping Convention. Sport co-operation within the Council of Europe is organised in partnership with national governmental and non-governmental bodies. The Council of Europe and Sport: Basic Documents is the second volume in the Asser series of collections of documents on international sports law, containing material on the intergovernmental (inter-state) part of international sports law. The European Union and Sport: Legal and Policy Documents was the first volume devoted to the European Union. In previous other publications, non-governmental materials, i.e. statutes and constitutions, doping rules and regulations, arbitral and disciplinary rules and regulations of the international sports organisations were published. The book provides an invaluable source of reference for governmental and sports officials, legal practitioners and the academic world. With the increasing public interest in the legal aspects of sports, this collection of documents is a timely and welcome contribution to enhancing the accessibility of basic texts on international sports law and policy.

Over the decades from 1900 to 1967 abortion was transformed from an important female-centred form of fertility control into a medical event, closely monitored by the State. This transition, the author argues here, took place against a background of debate over fertility control and its implications for women's maternal role. The book, originally published in 1988, suggests that the inter-war years saw a crucial mapping of boundaries in the debates over abortion. The distinction between methods of fertility control used before and after conception was more sharply drawn. The abortion law was difficult to enforce and in 1936 the Abortion Law Reform Association was founded by feminists to call for safe legal abortion as a woman's right. Resort to criminal abortion continued in the post-war years and the number of therapeutic abortions also began to increase. The medical profession's attempt to create a distinction between worthy medical and spurious social reasons for fertility control gave way in the face of women's demands for safe and effective means to plan when and if they would have children. After a hard-fought battle, the abortion law was reformed in 1967. The abortion decision, however, remained firmly in the hands of the medical profession.

Law and ethics are two vital aspects of social work - all social workers need to practise according to the law and their codes of ethics and conduct. However, the relationship between the law and social work values and ethics is not without its tensions and this book takes a problem-based approach to explore the dilemmas and challenges that can arise. The first part of the book sets out frameworks for thinking about the law and ethics, and how they relate to social work. It also introduces some of the big philosophical and sociological questions about the purposes of law and of ethics and how they relate to society more generally. In the second part, the book explores a series of areas where profound dilemmas arise - such as end-of-life decisions, respecting peoples' choices but ensuring their safety and that of others, responsibility and blame, making allowance for different cultural traditions and breaking confidentiality. In each of the problem-based chapters, this accessible text: outlines the relevant law discusses court judgments in leading cases considers the implications of different ethical frameworks pulls out key ethical questions and challenges for social work. Social Work, Law and Ethics highlights what the law says and what it offers, what ethical principles are at stake, and what these imply for social work policy and practice. In this way, it uses real-life scenarios to analyse the dynamic interactions of social work, law and ethics. It is essential reading for all social work students.

The successful achievement of pregnancies following pre-implantation genetic diagnosis (PGD) was first reported in April 1990. The technology is often used for patients who are at substantial risk of conceiving a pregnancy affected by a known genetic disorder, however from this technology other more controversial uses have arisen such as HLA typing to save the life of a sibling, gender selection for social reasons, the prevention of late onset diseases, or the prevention of diseases which may be genetically predisposed to developing such as breast cancer. The technology surrounding PGD is constantly developing, giving rise to new and unexpected consequences that create fresh ethical and legal dilemmas.

Featuring internationally recognized experts in the field, this book critically explores the regulation of PGD and the broader legal and ethical issues associated with it. It looks at the regulatory situation in a number of jurisdictions including New Zealand, Australia and the United Kingdom, but it also explores a number of themes of wide significance including a historical consideration of PGD and its part in the creation of the "genetic embryo" as a political tool, the over regulation of PGD and the ethical difficulties in handling additional unexpected medical information yielded by new technologies. This book will be of particular interest to academics and students of law, medicine and ethics.

In the 1970's, sociologists found that mentally disordered patients were routinely committed to state hospitals. By 2005, state hospital facilities had been emptied and, consequently, the patients for whom they cared for had been shuffled elsewhere by the system. Some of these patients were placed in private hospitals. However, for many, there was no asylum-there was only jail or the street. How does our legal and mental health system handle the mentally disordered? In Law and the Disordered, George C. Klein presents a revealing survey that explores the system of processing prisoners and patients from arrest to admissions to court. In an investigation spanning over thirty years, Klein examines and evaluates the intersection of law, mental health, and social control. He additionally explores the condition of state level Department's of Mental Health and mental health legislation in an attempt to offer readers a complete picture of the system at work.

The Legal Case: Cross-Currents in Law and the Humanities re-examines the seemingly familiar notion of a legal case by exploring the histories, practices, conventions and rhetoric of case law . The doctrine of stare decisis, whereby courts are bound by precedent cases, underpins legal reasoning in the common law world. At the same time, the legal case is itself a product of institutional and linguistic practices, and raises broader questions about the foundations and boundaries of law. The idea of the case as an ordered, closed narrative with a determinate outcome is, for example, integral to medical, psychoanalytic, as well as forensic discourses; whilst the notion of the strange case is a popular one in the English fiction of the late nineteenth century. What is at stake in the attempt to categorise or define a situation as a legal case? Is the notion of binding precedent in case law really distinctive to the common law? And if so, why? What can the concept of a case in other disciplines and discourses tell us about how it operates in law? With contributions from legal philosophers, legal historians, literary critics, and linguists, this book moves beyond the jurisprudential discussion of the nature and authority of the legal case, as it draws on insights from philosophy, m linguistics, narratology, drama, and film.

George P. Smith, II is a leading figure in the world of medical law and ethics. During his long career he has addressed some of the most important issues in bioethics and has contributed much original thought to debates in the field. This book celebrates his contribution to scholarship in this area and brings together his key writings in bioethics. The chapters include previously published material which has been substantially updated to reflect recent developments in medicine and law. The book covers topics such as: human rights and medical law; the allocation of resources and distributive justice; ethical relativism; science and religion; and public health emergencies. Taken as a whole, this book examines the extent to which law, medicine, economics, and bioethics interact as synergistic vectors of force in shaping and setting both personal and public responses to the complexities of biotechnology, or what has been referred to as "The New Biology." All too often, past considerations of this topic have neglected to recognise the synergistic influences of law as a catalyst for codifying contemporary values into normative standards. Professor Smith reaches the conclusion that if traditional bioethical principles are to be seen as pertinent constructs for policy making, they must be broadened through the law of public health and Human rights. Law and Bioethics: Intersections along the Mortal Coil casts law as the pivotal force in bringing stability to the ongoing debates on how to maintain bioethical relevance in decision making and in so doing, it offers an excellent overview of the current bioethical issues in medical law considered in light of recent and ongoing technological developments in medicine. This book will be of particular interest to academics and students of Law, Political Science, Philosophy and Economics.

This book investigates the regime of consumer benchmarks in the Unfair Commercial Practices Directive and explores to what extent this regime meets each of the goals of the Directive. In particular, it assesses whether the consumer benchmarks are suitable in terms of achieving the three goals of the Directive: achieving a high level of consumer protection, increasing the smooth functioning of the internal market, and improving competition in the market as such. In addition to providing a thorough analysis of the consumer benchmarks and their relationship to the goals of the Directive, at a more practical level, the book provides insight into the working and consequences of the benchmarks that can be used in the evaluation of the Unfair Commercial Practices Directive and its application by the CJEU. This assessment is important because the Directive, while promising to regulate unfair commercial practices in a way that achieves the Directive's goals, has removed the possibility for Member States to regulate unfair commercial practices themselves.

The important theme "What is Sports Law?" was the topic of the international Conference on "The Concept of Lex Sportiva Revisited", which took place in Jakarta in late 2010. Academics and practitioners are still in debate to agree on this concept as is evident in this book. This book not only contains the worked out contributions of this Conference, but also other related chapters on the subject. It produces a reassessment of the content of Sports Law and its terminology keeping a close eye on the current literature. The book appears in the ASSER International Sports Law Series, under the editorship of Prof. Dr. Robert Siekmann, Dr. Janwillem Soek and Marco van der Harst LL.M.

This volume explores the relationship between law and economics principles and the promotion of social justice. By social justice, we mean a vision of society that embraces more than traditional economic efficiency. Such a vision might include, for example, a reduction of subordination and discrimination based on race, religion, gender, sexual orientation, age, disability or class; increased wealth dispersion throughout all sectors of society; a safe and healthy environment; worker rights; and, a flourishing political democracy. The volume chapters here fall into four main categories, Assumptions of Law & Economics; Law & Economics: Implications of Behavioralism; Economics and Corporate Governance: Finding the Holes; and, Gender, Class and Race: Implications of and Alternatives to the Dominant Economic Paradigm. In addition, most of the chapters invoke the lens of corporate law theory or the corporate context as part of their analysis of the intersection of economics and social justice.

Drawing on a wide range of primary historical and sociological sources and employing sharp philosophical analysis, this book investigates medical ethics from a Chinese-Western comparative perspective. In doing so, it offers a fascinating exploration of both cultural differences and commonalities exhibited by China and the West in medicine and medical ethics. The book carefully examines a number of key bioethical issues in the Chinese socio-cultural context including: attitudes toward foetuses; disclosure of information by medical professionals; informed consent; professional medical ethics; health promotion; feminist bioethics; and human rights. It not only provides insights into Chinese perspectives, but also sheds light on the appropriate methods for comparative cultural and ethical studies. Through his pioneering study, Jing-Bao Nie has put forward a theory of "trans-cultural bioethics," an ethical paradigm which upholds the primacy of morality whilst resisting cultural stereotypes, and appreciating the internal plurality, richness, dynamism and openness of medical ethics in any culture. Medical Ethics in China will be of particular interest to students and academics in the fields of Medical Law, Bioethics, Medical Ethics, Cross-Cultural Ethics as well as Chinese/Asian Studies and Comparative Cross-Cultural Studies.

Functioning both as an introduction for people with no special education expertise and as a reference by special educators, advocates, and attorneys, the text makes clear all the related laws, which share some of the same language and have been a constant source of confusion to students and education scholars alike.

The work proceeds smoothly from definitions to examples to case studies, enabling the reader to quickly gain an understanding of special education law and practice. Legal ambiguities, especially common to laws and regulations sharing similar language (such as the Americans with Disabilities Act and the Rehabilitation Act of 1973), are examined. Due process mandates and hearing procedures are examined in detail. Legal guidelines for safely accommodating students with communicable diseases are presented, as are definitions and eligibility issues for students diagnosed as having one of the attention deficit disorders. In this up-to-date overview, Daugherty demystifies special education and related law, making this an invaluable tool for students and education scholars, caregivers, and all others who have an interest in special education.

The book consists of three parts.

Part 1, which comprises 5 chapters, deals with the legal-philosophical aspects of communications law. In Part II , we deal with certain statutory and common law limitations to the right to freedom of expression. Part III deals with specific methods of communication, ie the press, electronic communications, broadcasting, computers, and entertainment.

Introduces key terms, concepts, debates, and histories for Disability Studies Keywords for Disability Studies aims to broaden and define the conceptual framework of disability studies for readers and practitioners in the field and beyond. The volume engages some of the most pressing debates of our time, such as prenatal testing, euthanasia, accessibility in public transportation and the workplace, post-traumatic stress, and questions about the beginning and end of life. Each of the 60 essays in Keywords for Disability Studies focuses on a distinct critical concept, including "ethics," "medicalization," "performance," "reproduction," "identity," and "stigma," among others. Although the essays recognize that "disability" is often used as an umbrella term, the contributors to the volume avoid treating individual disabilities as keywords, and instead interrogate concepts that encompass different components of the social and bodily experience of disability. The essays approach disability as an embodied condition, a mutable historical phenomenon, and a social, political, and cultural identity. An invaluable resource for students and scholars alike, Keywords for Disability Studies brings the debates that have often remained internal to disability studies into a wider field of critical discourse, providing opportunities for fresh theoretical considerations of the field's core presuppositions through a variety of disciplinary perspectives. Visit keywords.nyupress.org for online essays, teaching resources, and more.

Exploring key aspects in the history of law's engagement with healthcare in England, this book unearths fascinating stories of the fractious relationship between the two highlighting lessons for medical law and bioethics that a focus on their history can offer. The popular view that the courts and legislators have from time immemorial consistently deferred to medical practitioners is shown to be wrong. Regulation of healers and the doctor/patient relationship and law's response to battles for dominance between different sorts of healers are examined. Healthcare in a broader sense than simply medical treatment is addressed. Considering historical perceptions of the human body at all life stages from the womb to the grave, the work identifies themes running through the history of how law responds to the problems generated by understanding of bodies and how science changes popular perceptions and law. -- .

Dementia is a topic of enormous human, medical, economic, legal and ethical importance. Its importance grows as more of us live longer. The legal and ethical problems it raises are complex, intertwined and under-discussed. This book brings together contributions from clinicians, lawyers and ethicists - all of them world leaders in the field of dementia - and is a comprehensive, scholarly yet accessible library of all the main (and many of the fringe) perspectives. It begins with the medical facts: what is dementia? Who gets it? What are the current and future therapeutic and palliative options? What are the main challenges for medical and nursing care? The story is then taken up by the ethicists, who grapple with questions such as: is it legitimate to lie to dementia patients if that is a kind thing to do? Who is the person whose memory, preferences and personality have all been transformed by their disease? Should any constraints be placed on the sexual activity of patients? Are GPS tracking devices an unpardonable interference with the patient's freedom? These issues, and many more, are then examined through legal lenses. The book closes with accounts from dementia sufferers and their carers. It is the first and only book of its kind, and the authoritative text.

This book clarifies the meaning of the most important and pervasive concepts and tools in bioethical argumentation (principles, values, dignity, rights, duties, deliberation, prudence) and assesses the methodological suitability of the main methods for clinical decision-making and argumentation. The first part of the book is devoted to the most developed or promising approaches regarding bioethical argumentation, namely those based on principles, values and human rights. The authors then continue to deal with the contributions and shortcomings of these approaches and suggest further developments by means of substantive and procedural elements and concepts from practical philosophy, normative systems theory, theory of action, human rights and legal argumentation. Furthermore, new models of biomedical and health care decision-making, which overcome the aforementioned criticism and stress the relevance of the argumentative responsibility, are included.

"The Law on Age Discrimination in the EU" is edited by Malcolm Sargeant. The EC Directive establishing a general framework for equal treatment in employment and occupation covers a number of grounds of discrimination including age. The EU's population is ageing, but there is much evidence that age discrimination is widespread. The Directive is a reaction to that and the consequent desire to encourage greater participation in the labour market by older workers. This is the first time that age discrimination has been made unlawful by the EU and, as a result, there are now laws in every Member State making such discrimination unlawful. The Directive, and much of the national legislation, however, treats age discrimination differently to the other grounds for unlawful discrimination. It is the only area which permits direct discrimination. Age discrimination generally may still be objectively justified by a legitimate aim if the means of achieving that aim are appropriate and necessary. Such aims include legitimate employment policy, labour market, and vocational training objectives. This insightful book, written by national experts in eight Member States and at the EU level, considers the ways in which the Directive has been implemented in some of the Member States and the extent to which they have taken advantage of the exceptions that are inherent in the Directive. Particular issues that are covered are: what legislation has been adopted in each country; the development of the case law that exists in some States; the demographic imperative existing in each country; measures taken to improve the position of young people; retirement and the exit from the workforce of older workers; and, the approach and case law of the European Court of Justice. As an important contribution towards an understanding of age discrimination within the European Union, this book opens a field of law that has heretofore not been considered in all its seriousness. It will be of real value to lawyers, human resource management professionals, and those with an interest in discrimination and EU issues. It is an important contribution to what will be a developing field of study.

This book provides insights on regulatory effectiveness in the field of food safety, by focusing on the variety of institutional factors affecting regulatory outcomes. Drawing upon the Institutional Analysis and Development framework, it investigates differences in effectiveness of food safety regulation and explains them by differences in domestic governance designs, by applying Qualitative Comparative Analysis. The empirical focus of the book is the food safety governance designs of 15 EU Member States, which are investigated through the collection of an original dataset inclusive of measures of independence and accountability of the domestic food safety agencies, of policy capacity and of food safety delivered. The results show the prominent role of the institutional dimension of policy capacity in producing regulatory effectiveness, in conjunction with an integrated model of distribution of the regulatory tasks. As to ineffective governance, the conjunction of low independence or low accountability with low institutional capacity produce ineffective responses.