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Books > Law > Laws of other jurisdictions & general law > Social law > General
If a pregnant woman refuses medical treatment needed by the fetus - for instance for religious reasons - or conducts some aspect of her life in a way which risks fetal harm, there may arise an instance of "maternal-fetal conflict". This is an unfortunate term, since pregant women are generally renowned for their self-sacrificing behaviour, but it may well reflect the reality of certain maternal choices and actions. Should a pregnant woman have the legal right to refuse medical treatment needed by the fetus, or should she owe it a legal duty of care which precludes her acting in ways which may harm it? Does the debate hinge simply upon the appropriateness, or otherwise, of legally compelling presumed moral obligations, or is it more complex than this? Indeed, what are a pregnant woman't moral obligations towards her fetus? In England and in some US states, courts have held that a pregnant woman has the right to refuse medical treatment needed by the fetus. In similar fashion, the idea of a general maternal legal duty of care toward the fetus has been rejected, most recently in Canada. The cases, however, leave the impression of an uncomfortable split between the ethics and the law, as if the problem were entirely one of not legally enforcing presumed moral duties. The effect is both puzzling and polarising: puzzling in that the cases leave unanswered - as largely they must - the huge question of a pregnant woman's moral rights and duties; polarising in that the cases leave troubling tensions about a pregnant woman's rights in the face of fetal harm or death. The tendency is to deny these by ever more strongly asserting a woman's rights. In turn this encourages a reaction in favour of fetal rights, one which is unlikely to attend to a woman's interests and difficulties in pregnancy. This could have serious legal repercussions for various instances of maternal-fetal conflict, including in those US states or other jurisdictions which have yet to address these issues. It might also increase the pressures on the issue of abortion. This book, which seeks a way between these polarised positions, tries to explain and justify a woman's moral and legal rights in pregnancy and, at the same time, to explore the extent of her moral duties toward the fetus. The aim is to resolve, as far as possible, the ethical, legal and social tensions which undoubtedly surround this area. Innovatively in work on this issue (and unusually in the field of medical law and ethics) the author adopts a joint philosophical and legal approach directed to issues both of principle and policy, revealing strong conceptual links between the ethics and the law. In addition to an ethical exploration of the maternal-fetal relationship, the author explores and analyses the relevant English, American, Canadian (and sometimes Australian) arguments from the law of treatment refusal, abortion, tort and rescue, as well as relevant jurisprudence from the European Court of Human Rights. This important book breaks new ground and will be of great interest to academics in law and philosophy, lawyers, health professionals, policy-makers and students of medical law and ethics. "It is rare to find a book which so skilfully combines legal and moral analysis of a controversial medical issue. Rosamund Scott has produced what is undoubtedly one of the finest pieces of medico-legal writing of recent years. This is a clever, human and immensely readable work." Alexander McCall Smith, Professor of Medical Law, University of Edinburgh "This book concerns one of the most personally agonizing and morally complex issues in medical ethics. It is a work of great philosophical sophistication, combining breadth of vision with acute sensitivity to the nuances of women's experiences. It will soon become the standard work in philosophical, legal and political debate on maternal-fetal conflicts." Roger Crisp, Uehiro Fellow and Tutor in Philosophy, St Anne's College, Oxford
Sektion A.- 1 Qualitatssicherung und Risikomanagement.- Qualitatsmanagement.- "Risikomanagement".- Verhalten bei und nach Zwischenfallen.- Resumee.- 2 Risikovermeidung - Simulatoren in der Anasthesie.- Training am Simulator.- Konzepte des Krisenmanagements.- Chancen und Perspektiven durch Simulatortraining.- 3 Monitoringstandards.- Bedeutung von Standards.- Monitoringparameter.- Empfehlungen deutschsprachiger Fachgesellschaften.- Europaische Norm EN 740.- Zusammenfassung.- Sektion B.- 4 Herz-Kreislauf-System.- Intraoperativer Herz-Kreislauf-Stillstand.- Akuter Myokardinfarkt, akute Myokardischamie.- Arrhythmien.- Herzschrittmacherpatienten.- 5 Respirationstrakt.- Monitoring zur Erkennung respiratorischer Komplikationen.- Respiratorische Insuffizienz.- Veranderung der respiratorischen Funktion unter der Anasthesie.- Dekompensation der respiratorischen Funktion (bei vorbestehenden pulmonalen Funktionseinschrankungen).- Atemwegsobstruktion.- Akut auftretende pulmonale Funktionseinschrankungen.- Fehlerhaftes oder fehlerhaft verwendetes Anasthesiegerat.- 6 Neurologie.- Erhoehter intrakranieller Druck.- Postoperative emotionale Stoerungen.- Nichterwachen nach Anasthesie.- Postoperative Verwirrtheitszustande.- Das zentral-anticholinergische Syndrom.- 7 Renales System.- Beurteilung der Nierenfunktion.- Veranderung der Nierenfunktion unter Anasthesie.- Oligurie.- Polyurie.- Anasthesie bei Patienten mit eingeschrankter oder fehlender Nierenfunktion.- Harnretention.- 8 Perioperativ relevante Stoerungen des Flussigkeitsund Elektrolythaushaltes.- Physiologie.- Stoerungen des Flussigkeitshaushalts.- Stoerungen des Elektrolythaushalts.- 9 Stoerungen der Synthese oder der Funktion des Hamoglobins.- Sichelzellerkrankung.- Porphyrien.- Methamoglobinamie.- 10 Gerinnungsstoerungen - Thrombose - Lungenembolie.- Physiologie - Pharmakologie.- Diagnostik.- Therapie.- Haufige perioperative Gerinnungsstoerungen.- Thrombose.- Lungenembolie.- Heparininduzierte Thrombozytopenie.- 11 Endokrines System.- Diabetes mellitus.- Schilddrusenfunktionsstoerungen.- Funktionsstoerungen der Nebenschilddruse.- Funktionsstoerungen der Nebenniere.- Stoerungen der Hypophyse.- Adipositas.- 12 Lebererkrankungen und Anasthesie.- Anatomie und Physiologie.- Pathologie und Pathophysiologie.- Medikamentenclearance.- Anasthesievorbereitung bei Lebererkrankungen.- Anasthesie.- Volatile Anasthestika.- Sektion C.- 13 Unmittelbare Reaktionen auf Lokalanasthetika.- Systemische Reaktionen.- Methamoglobinamie.- Allergie.- Lokale Intoxikation des Gewebes.- Systemische Reaktionen aufVasokonstriktoren.- Wertung.- 14 Ruckenmarknahe Leitungsanasthesien (RMNLA).- Kardiovaskulare Veranderungen.- Ploetzlicher Herzstillstand.- Ateminsuffizienz.- UEbelkeit und Erbrechen.- Blasen- und Darmstoerungen.- Postspinaler Kopfschmerz.- Ruckenschmerzem.- Akzidenteile intravasale Injektion.- Massive Epiduralanasthesie.- Totale Spinalanasthesie.- Katheterkomplikationen.- Bronchospasmus.- Neurologische Komplikationen.- Gerinnungshemmende Medikamente und RMLNA.- Aseptische Meningitis.- Pneumozephalus.- Praexistente Erkrankungen des Zentralnervensystems.- Diabetes und periphere Neuropathie.- Wertung.- 15 Brachiale Plexusblockade.- 16 Intravenoese Regionalanasthesie.- 17 Epidurale Opioide.- 18 Neurolytische Blockaden.- Neurolytische Substanzen.- Allgemeine Komplikationen.- Spezielle neurolytische Blockaden.- Sektion D.- 19 Kombinierte Anasthesieverfahren.- Neurologische Komplikationen.- Hamodynamische Komplikationen.- Weitere potentielle Komplikationen.- 20 Atemwegssicherung.- Erschwerte bzw. unmoegliche Intubation.- Larynxmaske.- 21 Aspiration und praoperative Nahrungskarenz.- Inzidenz perioperativer Aspiration.- Lagerung.- Ursachen und Risikofaktoren der perioperativen Aspiration.- Praoperative Nahrungskarenz.- 22 Kritische Stoerungen der Beatmung.- Pathophysiologie.- Ursachen fur Stoerungen der Ventilation, ihre Behandlung bzw. Vermeidung.- Verlegte Atemwege
The Yearbook of International Sports Arbitration is the first academic publication aiming to offer comprehensive coverage, on a yearly basis, of the most recent and salient developments regarding international sports arbitration, through a combination of general articles and case notes. The present volume covers decisions rendered by the Court of Arbitration for Sport (CAS) and national courts in 2015. It is a must-have for sports lawyers and arbitrators, as well as researchers engaged in this field. It provides in-depth articles on burning issues raised by international sports arbitration, and independent commentaries by esteemed academics and seasoned practitioners on the most important decisions of the CAS (e.g. the Dutee Chand case) and national courts (e.g. the Pechstein and Wilhelmshaven decision rendered by the OLG Munchen and OLG Bremen in Germany). Dr. Antoine Duval is Senior Researcher for International and European Sports Law at the T.M.C. Asser Instituut in The Hague. He holds a Ph.D. on the interaction between Lex Sportiva and EU Law from the European University Institute in Florence. Prof. Antonio Rigozzi teaches international arbitration and sports law at the University of Neuchatel, Switzerland, and is the partner in charge of the sports arbitration practice at Levy Kaufmann-Kohler, a Geneva-based law firm specializing in international arbitration.
Million of people around the Asia Pacific region are suffering from the twin effects of globalization and exclusionary nationality laws. Some are migrant workers without rights in host countries; some are indigenous peoples who are not accorded their full rights in their own countries. Yet others are refugees escaping from regimes that have no respect for human rights. This collection of essays discusses the ways in which citizenship laws in the region might be made consistent with human dignity. It considers the connectedness of national belonging and citizenship in East and Southeast Asian and Pacific states including Australia the impact of mass migration, cultural homogenization and other effects of globalization on notions of citizenship and possibilities of commitment to a transnational democratic citizenship that respects cultural difference.;This work is intended for use by departments of politics, international relations, economics (courses in international trade, globalization, labour economics), Asian studies, sociology (courses in legal and citizenship studies), and law.
How should judges and legislators address challenges arising at the frontiers of biomedicine? What if it became possible to edit the DNA of embryos for enhanced traits, gestate a fetus in an artificial womb, self-modify brain implants to provide new skills or bring a frozen human back to life? This book presents an innovative legal theory and applies it to future developments in biomedicine. This legal theory reconceptualises the role of legal officials in terms of moral principle and contextual constraints: 'contextual legal idealism'. It is applied by asking how a political leader or appeal court judge could address technological developments for which the current law of England and Wales would be ill-equipped to respond. The book's central thesis is that the regulation of human conduct requires moral reasoning directed to the context in which it operates. The link between abstract theory and practical application is articulated using future developments within four areas of biomedicine. Developments in heritable genome editing and cybernetic biohacking are addressed using Explanatory Notes to hypothetical UK Parliamentary Bills. Developments in ectogestation and cryonic reanimation are addressed using hypothetical appeal court judgments. The book will be of great interest to scholars and students of medical/health law, criminal law, bioethics, biolaw, legal theory and moral philosophy.
This exceptional new text offers an up-to-date and integrated approach to communication law. Written by two practicing attorneys with extensive experience teaching the communication law course, Law for Advertising, Broadcasting, Journalism, and Public Relations covers the areas of communication law essential and most relevant for readers throughout the communication curriculum. Its integrated approach will serve students and practitioners in advertising and public relations as well as those in journalism and electronic media. Providing background to help readers understand legal concepts, this comprehensive communication law text includes an introduction to the legal system; covers legal procedures, structures, and jurisdictions; discusses the First Amendment and electronic media regulations; and considers issues of access. Additional material includes: *intellectual property law; *employment and agency law, with explanations of how these laws create obligations for mass communication professionals and their employees; *commercial communication laws; and *special laws and regulations that impact reporters, public relations practitioners, and advertisers who deal with stock sales. Special features of this text include: *Magic Words and Phrases--defining legal terms; *Cases--illustrating key points in each chapter; *Practice Notes--highlighting points of particular interest to professional media practices; *Instructions on finding and briefing cases, with a sample brief; and *Examples of legal documents and jury instructions. This text is intended as an introduction to communication law for students and practitioners in mass communication, journalism, advertising, broadcasting, telecommunications, and public relations.
In this book, scholars with different disciplinary and national backgrounds argue for possible answers and analyse case studies on current issues of governance in biomedical research. These issues comprise among others the research-care distinction, risk evaluation in early human trials, handling of incidental findings, nocebo effects, cluster randomized trials, publication bias, or consent in biobank research. This book demonstrates how new technologies and research possibilities multiply or intensify already known governance challenges, leaving room for ethical analysis and complex moral choices. Clinical researchers, research ethics committee members and research ethicists have all to deal with such challenges on a daily basis. While general reflection on core concepts of research ethics is seldom pointless, those confronted with hard moral choices do need more practical and contextualized reflection on the said issues. This book particularly provides such contextualized reflections and aims to inform all those who study, conduct, regulate, fund, or participate in biomedical research.
This collection presents a summary of current knowledge regarding autistic suspects, defendants and offenders in the criminal justice system of England and Wales. The volume examines the interaction between each stage of the criminal justice process and autistic individuals accused or convicted of crime, considering the problems, strengths, and possibilities for improving the system to better accommodate the needs of this vulnerable category of neurodiverse individuals. By explicating the core issues in this important but disparate area of study in a single place, the collection facilitates understanding of and engagement with knowledge for a wider audience of relevant stakeholders, including criminal justice practitioners, policy makers, academics and clinicians. It also incorporates key recommendations for improvement, thereby clarifying the urgent need for substantive change in policies and practices. The ultimate goal is to both improve the treatment and experience of autistic people subjected to criminal justice processes; and produce fairer, more appropriate systemic outcomes. While focused on the criminal justice system of England and Wales, the work will be valuable for researchers and policy-makers working in similar systems, as well as those interested in neurodiversity more generally.
South African law remains relatively silent on the legal aspects of pregnancy, and legal commentary is rather scarce too. While there have been attempts to address the gaps in the law in relation to specific issues in pregnancy, these attempts have usually favoured the individual protection of the unborn at the expense of pregnant women's agency and rights, which has given rise to a tension between female reproductive autonomy and foetal interests. In Pregnancy Law in South Africa, the author explores the question of whether it is possible to regard pregnancy in law as embodying both women and the unborn and whether the pregnancy can be construed in a way that it does not come to be framed as an adversarial relationship. Pregnancy Law in South Africa focuses on the issues of prenatal substance abuse, termination of pregnancy, violence that terminates a pregnancy, and the extension of legal personhood to the unborn. The author argues that pregnancy-related issues will never be adequately resolved unless the potential for an adversarial pregnancy relationship is removed and proposes a relational approach to pregnancy, centred on fostering relationships, in order to eliminate the potential for tension. The author contends further that a relational approach encourages imaginative and constructive possibilities for law reform efforts without sacrificing women's reproductive autonomy and rights or the recognition of the unborn. Pregnancy Law in South Africa provides a sound theoretical approach to pregnancy in law and its recommendations seek to promote healthy, rights-affirming pregnancies.
This thought-provoking book explores the functions of charitable foundations in the People's Republic of China. Using both empirical fieldwork and extensive textual analysis, it examines the role of foundations in Chinese society and their relationship with the Chinese government. Taking an interdisciplinary approach, Katja Levy and Knut Benjamin Pissler offer a comprehensive overview of the contemporary legal and political frameworks within which Chinese charitable foundations operate, as well as an assessment of their historical and traditional contexts. They re-evaluate the existing literature on China's civil society, and provide a new, functional perspective on the role of foundations, complementing mainstream civil society and corporatist perspectives. This incisive book will be invaluable reading for scholars researching the third sector in China, as well as practitioners working in this sector. Scholars and students of contemporary Chinese law, politics and society will also find its insights useful.
This new 12th edition of Dale and Appelbe's Pharmacy and Medicines Law is your guide to law and ethics for pharmacy practice in the UK. It covers law and professional regulation and is firmly established as the definitive student textbook and reference work on this subject in the UK. This edition has been extensively restructured and revised to include all the most recent changes to pharmacy laws and regulation.
This book focuses on new and emerging data mining solutions that offer a greater level of transparency than existing solutions. Transparent data mining solutions with desirable properties (e.g. effective, fully automatic, scalable) are covered in the book. Experimental findings of transparent solutions are tailored to different domain experts, and experimental metrics for evaluating algorithmic transparency are presented. The book also discusses societal effects of black box vs. transparent approaches to data mining, as well as real-world use cases for these approaches.As algorithms increasingly support different aspects of modern life, a greater level of transparency is sorely needed, not least because discrimination and biases have to be avoided. With contributions from domain experts, this book provides an overview of an emerging area of data mining that has profound societal consequences, and provides the technical background to for readers to contribute to the field or to put existing approaches to practical use.
Although human rights were initially conceived as rights of the individual in relation to the state, there is growing recognition that human rights must also be respected in the international arena. This five-volume series set brings together the most important and influential scholarship on issues around human rights in the area of international law. The volumes include a wide range of essays selected from an international search of print and electronic content and feature a substantial introduction by the volume editor which provides an overview of the topic of each volume. The series includes foundational articles on the development of international human rights law and covers issues on the current challenges facing international human rights lawyers and scholars, the UN system of rights, regional human rights systems and the fundamental principles of equality and non-discrimination under international law. The five volumes in this series are edited by leading scholars in the field and taken together provide an invaluable research tool for scholars and students interested in the growing field of international human rights. The five volumes in this series are: Volume I: The Development of International Human Rights Law Volume II: Equality and Non-Discrimination under International Law Volume III: Challenges in International Human Rights Law Volume IV: The United Nations System for Protecting Human Rights Volume V: Regional Human Rights Systems
Billions of minutes a month are spent globally on social media. This raises not only serious legal issues, but also has a clear impact on everyday commercial activity. This book considers the significant legal developments that have arisen due to social media. It provides an expert explanation of the issues that practitioners and businesses need to consider, as well as the special measures that are required in order to minimise their exposure to risk. The content is highly practical, and not only explores the law related to social media, but also includes useful aids for the reader, such as flow charts, checklists and case studies. Various categories and channels of social media are covered in this book, alongside the legal classification of different social networks. Social media is also considered in the context of human rights law by evaluating the implications this has had upon the development of civil and criminal law when pursuing a civil remedy or criminal prosecution in relation to online speech. As part of these discussions the book deals specifically with the Defamation Act 2013, the Communications Act 2003, the Computer Misuse Act 1990 and the Contempt of Court Act 1988 among other key issues such as seeking Injunctions and the resulting privacy implications. Finally, the author also pays careful consideration to the commercial aspects raised by social media. The reader will find reference to key cases and regulatory guidance notes and statutes including, the Data Protection Act 1998 (including the draft Data Protection Regulation), user privacy, human rights, trading and advertising standards, special rules for FCA regulated bodies and social media insurance. This book is an invaluable guide for private practice and in-house practitioners, business professionals, academics and post-graduate students involved in the law surrounding social media.
With a Foreword by Roger Blanpain, Professor in Labour Law, Universities of Leuven (Belgium) and Tilburg (The Netherlands) and co-founder and first President of FIFPro. Publicly, at least, there appears to be a strong collective will within football to clean up the game, to make the work of players' agents more transparent and to allow a greater share of the game's profits to stay within the game. Privately, there seems to be unease that current agent regulation is out of step with football industry norms and that if the sector is to operate effectively, practices which are prohibited by the rules should in fact be tolerated. Here lies the problem. Stringent agent regulation may well look impressive but over-regulation will merely compound the problem of non-compliance and a lack of transparency. Finding the balance which not only addresses the problems facing football and satisfies the supporters and other interested stakeholders but which also satisfies the requirements of national, EU and international law is just one of the many challenges facing football's governing bodies. What are players' agents? Why should they be regulated? How should they be regulated? These three apparently simple questions have been tackled throughout this book. The first question appears straightforward as agents perform similar functions throughout the world. However, as the contributions in the book reveal, the manner in which agents operate varies. The questions of why and how to regulate again reveals common themes but also considerable variations in patterns of regulation. In this connection, there are, in effect, three tiers of agent regulation: international law, national law and the law of the sports associations. This book covers the legal regulations governing players' agents in forty countries around the world, representing the major footballing constituencies including Argentina, Brazil, Mexico and Russia as well as the "Big Five" in Europe. Written by acknowledged experts, it provides a very useful and informative comparative survey. Indeed, this is a book, which all those involved in the administration of football clubs, particularly, coaches and managers, as well as players' agents themselves, and commercial, financial and legal advisers, can do hardly do without, as it will provide them with a constant and useful source of reference.
Legal Guide for Police: Constitutional Issues, 12th Edition, is a valuable tool for criminal justice students and law enforcement professionals, bringing them up-to-date with developments in the law of arrest, search and seizure, police authority to detain, questioning suspects and pretrial identification procedures, police power and its limitations, and civil liability of police officers and agencies. Including specific case examples, this revised edition provides the most current information for students and law enforcement professionals needing to develop an up-to-date understanding of the law. Authors Walker and Hemmens have included introductory and summary chapters to aid readers in understanding the context, importance, and applicability of the case law. All chapters have been updated to reflect U.S. Supreme Court decisions up to and including the 2021 term of court. Important cases added to this edition include: Caniglia v. Strom (2021) (warrantless search), Kansas v. Glover (2020) (vehicle stop), Mitchell v. Wisconsin (2019) (warrantless drawing of blood), Rivas-Villegas v. Cortesluna (qualified immunity), and Nieves v. Bartlett (2018) (retaliatory arrest). A helpful Appendix contains the Bill of Rights and the Fourteenth Amendment, and a Table of Cases lists every case referenced in the text.
The Dutch experience has influenced the debate on euthanasia and death with dignity around the globe, especially with regard to whether physician-assisted suicide and euthanasia should be legitimized or legalized. A review of the literature reveals complex and often contradictory views about the Dutch experience. Some claim that the Netherlands offers a model for the world to follow; others believe that the Netherlands represents danger, rather than promise, and that the Dutch experience is the definitive answer regarding why we should not make active euthanasia and physician-assisted suicide part of our lives. Given these contradictory views, it has become clear that fieldwork is essential to developing a more informed opinion. Having investigated the Dutch experience for a number of years, and after thoroughly reading the vast literature published in English, I went to the Netherlands for one month in the summer of 1999 to get a feel for the local situation. I felt that this would provide the basis on which I could better interpret the findings of the available literature. I visited the major centers of medical ethics, as well as some research hospitals, and spoke with leading figures in the euthanasia policy and practice. The time spent was extremely beneficial and enriching. I followed in the footsteps of Carlos Gomez, who 1 published a book following one month of extensive research in the Netherlands.
What is the legacy of Brown vs. Board of Education? While it is
well known for establishing racial equality as a central commitment
of American schools, the case also inspired social movements for
equality in education across all lines of difference, including
language, gender, disability, immigration status, socio-economic
status, religion, and sexual orientation. Yet more than a half
century after Brown, American schools are more racially separated
than before, and educators, parents and policy makers still debate
whether the ruling requires all-inclusive classrooms in terms of
race, gender, disability, and other differences.
This book presents a wholly new perspective on the Child Support Agency. The authors were granted privileged access to the CSA's own staff and were thus able to monitor case conduct from both the Agency and the client perspective. In a gripping analysis they compare the accounts of former husbands and wives with those of their respective legal advisers,and, critically, they incorporate the experience and views of the beleaguered CSA staff who attempted to calculate and enforce child maintenance obligations in those same cases. The media picture of the misery visited upon 'absent fathers' is borne out in part, but even more striking is the authors' account of a catastrophic administrative failure which led to the abandonment of many of the basic tenets of administrative justice. The reasons do not lie in the perceived unfairness of the formula but rather in the failure of those drafting the Child Support legislation to appreciate the impact of such change upon the rest of our hugely complex benefit structure. Their failure to grasp that the problems of inadequate disclosure and ineffective enforcement - with which courts had grappled for decades - could not be tackled effectively by a distant bureaucracy.
An engaging, case-based approach to the most up-to-date legal topics gives educators a basic understanding of the legal aspects of their work. This text introduces K-12 educators to a body of school law that will help them to conduct themselves in a legally defensible manner. A balance of case law, statutory law, constitutional provisions, and analytical commentary, this vital book covers a wide range of topics including: sources of law under which educators operate; legal restraints to state action in K-12 education; legal rights and restrictions applicable to students and teachers; law pertaining to persons with disabilities; and liability for damages as a result of official action or inaction. In addition, broad legal concepts such as due process, equal protection, freedom of expression, the wall separating church and state, and reasonable search are analyzed to assist professional educators in gaining a better understanding of the legal landscape in which they operate. The entire text is written in a clear, engaging style appropriate for those who do not have extensive legal backgrounds.
"Political Freedom" describes the liberties and rights of persons to take action which is deliberately designed to influence and affect public purposes: in particular government policy, the law and public opinion. Howard Davis looks at how the presence of political motives, when balanced against other motives, affects the legal character of the action, and asks why common law and statute should differentiate the political from the non-political. The book makes a contribution to the debate on the effectiveness of democracy in the United Kingdom in relation to the right to act politically and to participate in the political process of the nation, a human right as defined by the International Covenant on Civil and Political Rights and the European Convention on Human Rights.
This volume provides an overview of the state of internationalisation of legal education (IOLE) in many civil law and common law countries. It provides a picture of the status of the debate about the shape and degree of internationalisation in the curriculum in the different countries, and the debates surrounding the adoption of a more international approach to legal education in the contemporary world. It is a compilation of the National Reports submitted for the August 2014 Congress of the IACL held at Vienna, and contains an introductory general report. Together, the reports examine such questions as: Why is the topic of internationalization of legal education on the agenda now? Why is it a relevant subject for examination today? Does the topic generate the same level of interest everywhere in the world? Is enthusiasm for IOLE mainly driven by the academic sector, by government, by multinational corporations? Is the interest closely linked with the globalization of the practice of law? Or is globalisation of law itself something of a myth, or a reality reserved for only a very small percentage of practising lawyers around the world? The general and national reports make clear that there is indeed widespread interest in IOLE, and numerous disparate initiatives around the world. Nonetheless, some National Reporters state that the topic is simply not on the agenda at all. All in all, the volume shows that the approaches to internationalisation are many and varied, but every jurisdiction recognises the importance of introducing aspiring lawyers to a more integrated global environment. |
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