Advertising is everywhere. By some estimates, the average American is exposed to over 3,000 advertisements each day. Whether we realize it or not, "adcreep"-modern marketing's march to create a world where advertising can be expected anywhere and anytime-has come, transforming not just our purchasing decisions, but our relationships, our sense of self, and the way we navigate all spaces, public and private. Adcreep journeys through the curious and sometimes troubling world of modern advertising. Mark Bartholomew exposes an array of marketing techniques that might seem like the stuff of science fiction: neuromarketing, biometric scans, automated online spies, and facial recognition technology, all enlisted to study and stimulate consumer desire. This marriage of advertising and technology has consequences. Businesses wield rich and portable records of consumer preference, delivering advertising tailored to your own idiosyncratic thought processes. They mask their role by using social media to mobilize others, from celebrities to your own relatives, to convey their messages. Guerrilla marketers turn every space into a potential site for a commercial come-on or clandestine market research. Advertisers now know you on a deeper, more intimate level, dramatically tilting the historical balance of power between advertiser and audience. In this world of ubiquitous commercial appeals, consumers and policymakers are numbed to advertising's growing presence. Drawing on a variety of sources, including psychological experiments, marketing texts, communications theory, and historical examples, Bartholomew reveals the consequences of life in a world of non-stop selling. Adcreep mounts a damning critique of the modern American legal system's failure to stem the flow of invasive advertising into our homes, parks, schools, and digital lives.

We are deeply social creatures. Our core social needs-for meaningful social inclusion-are more important than our civil and political needs and our economic welfare needs, and we won't secure those other things if our core social needs go unmet. Our core social needs ground a human right against social deprivation as well as a human right to have the resources to sustain other people. Kimberley Brownlee defends this fundamental but largely neglected human right; having defined social deprivation as a persistent lack of minimally adequate access to decent human contact, she then discusses situations such as solitary confinement and incidental isolation. Fleshing out what it means to belong, Brownlee considers why loneliness and weak social connections are not just moral tragedies, but often injustices, and argues that we endure social contribution injustice when we are denied the means to sustain others. Our core social needs can clash with our interests in interactive and associative freedom, and when they do, social needs take priority. We have a duty to ensure that everyone has the opportunity to satisfy their social needs. As Brownlee asserts, we violate this duty if we classify some people as inescapably socially threatening, either through using reductive, essentialist language that reduces people to certain acts or traits-'criminal', 'rapist', 'paedophile', 'foreigner'-or in the ways we physically segregate such people and fail to help people to reintegrate after segregation.

The interaction between individual rights, which are often seen in secular terms, and religion is becoming an important and complex topic not only for academic study but for practical policy. This volume collects a range of writings from journals, edited collections and individual books which deal with different aspects of the interaction within the context of family life, and which appear with their original pagination. These studies have been selected because they throw a sharp light on central elements of the role of religion in determining the structure of the rights of family members in relation to one another, both from an historical and contemporary perspective. While many of the writings are focused on US and European systems, selected writings covering other systems illustrate the universal nature of the topic. The studies are accompanied by a reflective commentary from the editor which sets the writings in a broad context of social, constitutional and philosophical thought, with the aim of stimulating critical thought and discussion.

This book contributes to current debates on the protection of human rights in the 21st century. With the global economic collapse, the rise of the BRICS, the post-intervention chaos in Libya, the migration crisis in Europe, and the regional conflagration sparked by the conflict in Syria, the need to protect human rights has arguably never been greater. In light of the precipitous decline in global respect for human rights and the eruption or escalation of intra-state crises across the world, this book asks 'what is the future of human rights protection?'. Seeking to avoid both denial and fatalism, this book thus aims to: examine the principles at the very foundation of the debate on human rights; diagnose the causes of the decline of liberal internationalism so as to offer guiding lessons for future initiatives; identify those practices and developments that can, and should, be preserved in the new era; question the parameters of the contemporary debate and advance perspectives that aim to identify the contours of future ideas and practices that may offer a way forward. This book will be of much interest to students of humanitarian intervention, R2P, international organisations, human rights and security studies.

The remarkable story of the innovative legal strategies Native Americans have used to protect their religious rights From North Dakota's Standing Rock encampments to Arizona's San Francisco Peaks, Native Americans have repeatedly asserted legal rights to religious freedom to protect their sacred places, practices, objects, knowledge, and ancestral remains. But these claims have met with little success in court because Native American communal traditions don't fit easily into modern Western definitions of religion. In Defend the Sacred, Michael McNally explores how, in response to this situation, Native peoples have creatively turned to other legal means to safeguard what matters to them. To articulate their claims, Native peoples have resourcefully used the languages of cultural resources under environmental and historic preservation law; of sovereignty under treaty-based federal Indian law; and, increasingly, of Indigenous rights under international human rights law. Along the way, Native nations still draw on the rhetorical power of religious freedom to gain legislative and regulatory successes beyond the First Amendment. The story of Native American advocates and their struggle to protect their liberties, Defend the Sacred casts new light on discussions of religious freedom, cultural resource management, and the vitality of Indigenous religions today.

A sweeping historical and political account of how our present-day policy debates around citizenship and equality came to be The landmark Supreme Court decision in June 2015 legalizing the right to same-sex marriage marked a major victory in gay and lesbian rights in the United States. Once subject to a patchwork of laws granting legal status to same-sex couples in some states and not others, gay and lesbian Americans now enjoy full legal status for their marriages wherever they travel or reside in the country. For many, the Supreme Court's ruling means that gay and lesbian citizens are one step closer to full equality with the rest of America. In Fragmented Citizens, Stephen M. Engel contends that the present moment in gay and lesbian rights in America is indeed one of considerable advancement and change-but that there is still much to be done in shaping American institutions to recognize gays and lesbians as full citizens. With impressive scope and fascinating examples, Engel traces the relationship between gay and lesbian individuals and the government from the late nineteenth century through the present. Engel shows that gays and lesbians are more accurately described as fragmented citizens. Despite the marriage ruling, Engel argues that LGBT Americans still do not have full legal protections against workplace, housing, family, and other kinds of discrimination. There remains a continuing struggle of the state to control the sexuality of gay and lesbian citizens-they continue to be fragmented citizens. Engel argues that understanding the development of the idea of gay and lesbian individuals as 'less-than-whole' citizens can help us make sense of the government's continued resistance to full equality despite massive changes in public opinion. Furthermore, he argues that it was the state's ability to identify and control gay and lesbian citizens that allowed it to develop strong administrative capacities to manage all of its citizens in matters of immigration, labor relations, and even national security. The struggle for gay and lesbian rights, then, affected not only the lives of those seeking equality but also the very nature of American governance itself. Fragmented Citizens is a sweeping historical and political account of how our present-day policy debates around citizenship and equality came to be.

Unternehmen fuhren zunehmend eigene interne Untersuchungen durch, von denen besonders Arbeitnehmer betroffen sind. Im Spannungsverhaltnis verschiedener Rechtsgebiete untersucht der Verfasser drei massgebliche Fragestellungen im Zusammenhang mit internen Untersuchungen: Was sind interne Untersuchungen und besteht eine Rechtspflicht zur Durchfuhrung einer solchen? Was sind die datenschutzrechtlichen Anforderungen an interne Untersuchungen? Sind die Ermittlungsergebnisse im Strafverfahren/arbeitsgerichtlichen Verfahren verwertbar? Den Schwerpunkt der Untersuchung bildet der Datenschutz. UEber die aktuelle Rechtslage hinaus setzt sich der Verfasser de lege ferenda mit dem aktuellen Entwurf eines Verbandssanktionengesetzes auseinander, welches einen Rechtsrahmen fur interne Untersuchungen vorsieht.

A new generation of progressive intellectuals is transforming the ways we understand law, race and racial power. Questioning the old assumptions of both left and right on traditional civil rights reform, critical race theorists have presented new paradigms for understanding racial justice and new ways of viewing the links between race, gender, sexuality and class. The founders of the critical race movement have collaborated to edit this collection of important writings on the subject. Included in the essays are Whiteness as Property by Cheryl Harris, Race Consciousness by Garry Peller and Race, Reform and Retrenchment by Kimberle Crenshaw. The collection provides an overview of the principal themes of the movement, and includes an introduction by the editors offering a clear and accessible presentation of the main tenets of critical race theory.

In order to be effective, international tribunals should be perceived as legitimate adjudicators. European Consensus and the Legitimacy of the European Court of Human Rights provides in-depth analyses on whether European consensus is capable of enhancing the legitimacy of the European Court of Human Rights (ECtHR). Focusing on the method and value of European consensus, it examines the practicalities of consensus identification and application and discusses whether State-counting is appropriate in human rights adjudication. With over 30 interviews from judges of the ECtHR and qualitative analyses of the case law, this book gives readers access to firsthand and up-to-date information, and provides an understanding of how the European Court of Human Rights in Strasbourg interprets the European Convention on Human Rights.

Originally the constitution was expected to express and channel popular sovereignty. It was the work of freedom, springing from and facilitating collective self-determination. After the Second World War this perspective changed: the modern constitution owes its authority not only to collective authorship, it also must commit itself credibly to human rights. Thus people recede into the background, and the national constitution becomes embedded into one or other system of 'peer review' among nations. This is what Alexander Somek argues is the creation of the cosmopolitan constitution. Reconstructing what he considers to be the three stages in the development of constitutionalism, he argues that the cosmopolitan constitution is not a blueprint for the constitution beyond the nation state, let alone a constitution of the international community; rather, it stands for constitutional law reaching out beyond its national bounds. This cosmopolitan constitution has two faces: the first, political, face reflects the changed circumstances of constitutional authority. It conceives itself as constrained by international human rights protection, firmly committed to combating discrimination on the grounds of nationality, and to embracing strategies for managing its interaction with other sites of authority, such as the United Nations. The second, administrative, face of the cosmopolitan constitution reveals the demise of political authority, which has been traditionally vested in representative bodies. Political processes yield to various, and often informal, strategies of policy co-ordination so long as there are no reasons to fear that the elementary civil rights might be severely interfered with. It represents constitutional authority for an administered world.

Diplomacy is used primarily to advance the interests of a state beyond its borders, within a set of global norms intended to assure a degree of international harmony. As a result of internal and international armed conflicts, the need to negotiate peace through an emerging system of international humanitarian and criminal law has required nations to use diplomacy to negotiate 'peace versus justice' trade-offs. Justice and Diplomacy is the product of a research project sponsored by the Academie Diplomatique Internationale and the International Bar Association, and focuses on specific moments of collision or contradiction in diplomatic and judicial processes during the humanitarian crises in Bosnia, Rwanda, Kosovo, Darfur, and Libya. The five case studies present critical issues at the intersection of justice and diplomacy, including the role of timing, signalling, legal terminology, accountability, and compliance. Each case study focuses on a specific moment and dynamic, highlighting the key issues and lessons learned.

This book offers conceptual analyses, highlights issues, proposes solutions, and discusses practices regarding privacy and data protection in transitional times. It is one of the results of the 15th annual International Conference on Computers, Privacy and Data Protection (CPDP), which was held in Brussels in May 2022. We are in a time of transition. Artificial Intelligence is making significant breakthroughs in how humans use data and information, and is changing our lives in virtually all aspects. The pandemic has pushed society to adopt changes in how, when, why, and the media through which, we interact. A new generation of European digital regulations - such as the AI Act, Digital Services Act, Digital Markets Act, Data Governance Act, and Data Act - is on the horizon. This raises difficult questions as to which rights we should have, the degree to which these rights should be balanced against other poignant social interests, and how these rights should be enforced in light of the fluidity and uncertainty of circumstances. The book covers a range of topics, including: data protection risks in European retail banks; data protection, privacy legislation, and litigation in China; synthetic data generation as a privacy-preserving technique for the training of machine learning models; effectiveness of privacy consent dialogues; legal analysis of the role of individuals in data protection law; and the role of data subject rights in the platform economy. This interdisciplinary book has been written at a time when the scale and impact of data processing on society - on individuals as well as on social systems - is becoming ever more important. It discusses open issues as well as daring and prospective approaches and is an insightful resource for readers with an interest in computers, privacy and data protection.

In the United States and Europe, an increasing emphasis on equality has pitted rights claims against each other, raising profound philosophical, moral, legal, and political questions about the meaning and reach of religious liberty. Nowhere has this conflict been more salient than in the debate between claims of religious freedom, on one hand, and equal rights claims made on the behalf of members of the lesbian, gay, bisexual, and transgender (LGBT) community, on the other. As new rights for LGBT individuals have expanded in liberal democracies across the West, longstanding rights of religious freedom - such as the rights of religious communities to adhere to their fundamental teachings, including protecting the rights of conscience; the rights of parents to impart their religious beliefs to their children; and the liberty to advance religiously-based moral arguments as a rationale for laws - have suffered a corresponding decline. Timothy Samuel Shah, Thomas F. Farr, and Jack Friedman's volume, Religious Freedom and Gay Rights brings together some of the world's leading thinkers on religion, morality, politics, and law to analyze the emerging tensions between religious freedom and gay rights in three key geographic regions: the United States, the United Kingdom, and continental Europe. What implications will expanding regimes of equality rights for LGBT individuals have on religious freedom in these regions? What are the legal and moral frameworks that govern tensions between gay rights and religious freedom? How are these tensions illustrated in particular legal, political, and policy controversies? And what is the proper way to balance new claims of equality against existing claims for freedom of religious groups and individuals? Religious Freedom and Gay Rights offers several explorations of these questions.

Social justice and human rights movements are entering a new phase. Social media, artificial intelligence, and digital forensics are reshaping advocacy and compliance. Technicians, lawmakers, and advocates, sometimes in collaboration with the private sector, have increasingly gravitated toward the possibilities and dangers inherent in the nonhuman. #HumanRights examines how new technologies interact with older models of rights claiming and communication, influencing and reshaping the modern-day pursuit of justice. Ronald Niezen argues that the impacts of information technologies on human rights are not found through an exclusive focus on sophisticated, expert-driven forms of data management but in considering how these technologies are interacting with other, "traditional" forms of media to produce new avenues of expression, public sympathy, redress of grievances, and sources of the self. Niezen considers various ways that the pursuit of justice is happening via new technologies, including crowdsourcing, social media-facilitated mobilizations (and enclosures), WhatsApp activist networks, and the selective attention of Google's search engine algorithm. He uncovers how emerging technologies of data management and social media influence the ways that human rights claimants and their allies pursue justice, and the "new victimology" that prioritizes and represents strategic lives and types of violence over others. #HumanRights paints a striking and important panoramic picture of the contest between authoritarianism and the new tools by which people attempt to leverage human rights and bring the powerful to account.

Why do the decisions of the European Court of Human Rights in Strasbourg have such an impact on UK law? Why did the UK need a Human Rights Act - and why do some people say it should be repealed? Human Rights Law Directions tackles these and many more questions, introducing students to this exciting area of law. The Directions series has been written with students in mind. The ideal guide as they approach the subject for the first time, this book will help them: - Gain a complete understanding of the topic: just the right amount of detail conveyed clearly - Understand the law in context: with scene-setting introductions and highlighted case extracts, the practical importance of the law becomes clear - Identify when and how to evaluate the law critically: they'll be introduced to the key areas of debate and given the confidence to question the law - Deepen and test knowledge: visually engaging learning and self-testing features aid understanding and help students tackle assessments with confidence - Elevate their learning: with the ground-work in place you can aspire to take learning to the next level, with direction provided on how to go further Digital formats and resources The fifth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks - The online resources that support the book include: * Multiple choice questions * Flashcard glossary * Guidance on answering the end of chapter exam questions * Guidance on answering the end of chapter self-test questions * Annotated web links * Annual updates to the book

Legal scholar Amanda L. Tyler discusses the history and future of habeas corpus in America and around the world. The concept of habeas corpus-literally, to receive and hold the body-empowers courts to protect the right of prisoners to know the basis on which they are being held by the government and grant prisoners their freedom when they are held unlawfully. It is no wonder that habeas corpus has long been considered essential to freedom. For nearly eight hundred years, the writ of habeas corpus has limited the executive in the Anglo-American legal tradition from imprisoning citizens and subjects with impunity. Writing in the eighteenth century, the widely influential English jurist and commentator William Blackstone declared the writ a "bulwark" of personal liberty. Across the Atlantic, in the leadup to the American Revolution, the Continental Congress declared that the habeas privilege and the right to trial by jury were among the most important rights in a free society. This Very Short Introduction chronicles the storied writ of habeas corpus and how its common law and statutory origins spread from England throughout the British Empire and beyond, witnessing its use today around the world in nations as varied as Canada, Israel, India, and South Korea. Beginning with the English origins of the writ, the book traces its historical development both as a part of the common law and as a parliamentary creation born out of the English Habeas Corpus Act of 1679, a statute that so dramatically limited the executive's power to detain that Blackstone called it no less than a "second Magna Carta." The book then takes the story forward to explore how the writ has functioned in the centuries since, including its controversial suspension by President Abraham Lincoln during the Civil War. It also analyzes the major role habeas corpus has played in such issues as the World War II incarceration of Japanese Americans and the US Supreme Court's recognition during the War on Terror of the concept of a "citizen enemy combatant." Looking ahead the story told in these pages reveals the immense challenges that the habeas privilege faces today and suggests that in confronting them, we would do well to remember how the habeas privilege brought even the king of England to his knees before the law.

Fact-finding is at the heart of human rights advocacy, and is often at the center of international controversies about alleged government abuses. In recent years, human rights fact-finding has greatly proliferated and become more sophisticated and complex, while also being subjected to stronger scrutiny from governments. Nevertheless, despite the prominence of fact-finding, it remains strikingly under-studied and under-theorized. Too little has been done to bring forth the assumptions, methodologies, and techniques of this rapidly developing field, or to open human rights fact-finding to critical and constructive scrutiny. The Transformation of Human Rights Fact-Finding offers a multidisciplinary approach to the study of fact-finding with rigorous and critical analysis of the field of practice, while providing a range of accounts of what actually happens. It deepens the study and practice of human rights investigations, and fosters fact-finding as a discretely studied topic, while mapping crucial transformations in the field. The contributions to this book are the result of a major international conference organized by New York University Law School's Center for Human Rights and Global Justice. Engaging the expertise and experience of the editors and contributing authors, it offers a broad approach encompassing contemporary issues and analysis across the human rights spectrum in law, international relations, and critical theory. This book addresses the major areas of human rights fact-finding such as victim and witness issues; fact-finding for advocacy, enforcement, and litigation; the role of interdisciplinary expertise and methodologies; crowd sourcing, social media, and big data; and international guidelines for fact-finding.

When considering the structures that drive the global diffusion of human rights norms, Brian Greenhill argues that we need to look beyond institutions that are explicitly committed to human rights and instead focus on the dense web of international government organizations (IGOs)-some big, some small; some focused on human rights; some not-that has arisen in the last two generations. While most of these organizations have no direct connection to human rights issues, their participation in broader IGO networks has important implications for the human rights practices of their member states. Featuring a rigorous empirical analysis, Transmitting Rights shows that countries tend to adopt similar human rights practices to those of their IGO partners, whether for better or worse. Greenhill argues that IGOs constitute a tightly-woven fabric of ties between states and that this network provides an important channel through which states can influence the behavior of others. Indeed, his analysis suggests that a policy of isolating "rogue" states is probably self-defeating given that this will reduce their exposure to some of the more positive IGO-based influences on their human rights. Greenhill's analysis of the role of IGOs in rights diffusion will not only increase our understanding of the international politics of human rights; it will also reshape how we think about the role of international institutions in world politics.

Focussing on access to territory and authorization of presence and residence for third-country nationals, this book examines the EU law on immigration and asylum, addressing related questions of security of residence. Concentrating on the key measures concerning both the rights of third-country nationals to enter and stay in the EU, and the EU's construction of illegal immigration, it provides a detailed and critical discussion of EU and ECHR migration and refugee law. Rights of admission include three categories of entrants: labour migrants, family migrants, and asylum seekers and refugees. Legal entry raises further questions, and recent key measures, including the EU Blue Card Directive, the Family Reunification Directive, and the Dublin Regulation and related instruments are examined. As most of these EU measures deal with those border crossings where human rights norms have already established some constraints on state discretion, the interaction between the EU norms and the case law of the European Court of Human Rights (ECtHR) is a key concern. The uniting theme is the interaction between established human rights norms, in particular the ECHR, and EU law. Does the EU fulfil its post-national promise to create forms of membership beyond the state, or in its treatment of non-Europeans, does it undermine human rights and existing legal protections?

In 1993, JosE MedellIn, an eighteen-year-old Mexican national who lived most of his life in the United States, was arrested for his participation in the gang rape and murder of two girls in Houston, Texas. Despite telling police that he was born in Mexico, he was never informed of his rights to contact the Mexican Consulate, a right guaranteed to him by Article 36 of the Vienna Convention on Consular Relations. The Mexican government filed suit against the United States in the International Court of Justice (ICJ), which ruled that the United States had violated the rights of both Mexico and MedellIn, along with fifty-one other Mexican nationals in other cases. The ICJ instructed the United States to provide "review and reconsideration" of the convictions and sentences of the fifty-two Mexican nationals.Armed with this new decision, MedellIn sought a writ of habeas corpus, which was denied by the lower courts. He petitioned for a writ of certiorari, which the Supreme Court granted, twice. While President George W. Bush sided with the ICJ, the State of Texas, under Solicitor General Ted Cruz, argued against the president. Despite a nearly universal belief among court watchers and legal scholars that Texas would lose, the Court in a 6-3 decision ruled in favor of Texas and against MedellIn in June 2008. MedellIn was executed just two months later. In this volume Alan Mygatt-Tauber tells the story of MedellIn v. Texas, showing how the Court's 2008 ruling grappled with the complex question of how a united republic that respects the dual sovereignty of its constituent parts struggles to comply with its international obligations. But this is also a story of international human rights and the anomalous position of the United States regarding the death penalty compared to other nations. In the closing chapters, the author explores the aftermath of the execution, including the continued effort of Mexico to seek justice for its nationals. Mygatt-Tauber offers a detailed examination of the case at every stage of proceedings-trial, appeal, at the International Court of Justice, and in both trips to the Supreme Court. He provides never-before-revealed information about the thinking of the Bush White House in the decision to comply with the ICJ's judgment and to withdraw from the Optional Protocol to the Vienna Convention which granted the ICJ jurisdiction.

For decades, immigration has been one of the most divisive, contentious topics in American politics. And for decades, urgent calls for its policy reform have gone mostly unanswered. As the discord surrounding the modern immigration debate has intensified, border enforcement has tightened. Crossing harsher, less porous borders makes unauthorized entry to the United States a permanent, costly undertaking. And the challenges don't end on the other side. At once enlightening and devastating, The Border Within examines the costs and ends of America's interior enforcement-the policies and agencies, including ICE, aimed at removing immigrants already living in the country. Economist Tara Watson and journalist Kalee Thompson pair rigorous analysis with deeply personal stories from immigrants and their families to assess immigration's effects on every aspect of American life, from the labor force to social welfare programs to tax revenue. What emerges is a critical, utterly complete examination of what non-native Americans bring to the country, including immigration's tendency to elevate the wages and skills of those who are native-born.

In recent years the subject of freedom of expression has become a topic of heated debate. "Freedom of Expression in Islam" offers the first and only detailed presentation in English of freedom of expression from both the legal and moral perspectives of Islam. This work is a pioneering attempt in examining both the evidence on freedom of expression in the sources of the "Shari'ah" and the limitations, whether moral, legal or theological, that Islam imposes on the valid exercise of this freedom. "Freedom of Expression in Islam "is informative not only on the subject of the possibilities of freedom of expression within Islam, but also on the cultural tradition of Islam and its guidelines on social behaviour. "Freedom of Expression in Islam" is part of a series dedicated to the fundamental rights and liberties in Islam and should be read in conjunction with "The Dignity of Man: An Islamic Perspective" and "Freedom, Equality and Justice in Islam."

The field of human rights and the environment has grown phenomenally during the last few years and this textbook will be one of the first to encourage students to think critically about how many environmental issues lead to a violation of existing rights. Taking a socio-legal approach, this book will provide a good understanding of both human rights and environmental issues, as well as the limitations of each regime, and will explore the ways in which human rights law and institutions can be used to obtain relief for the victims of environmental degradation or of adverse effects of environmental policies. In addition, it will place an emphasis on climate change and climate policies to highlight the pros and cons of using a human rights framework and to underscore its importance in the context of climate change. As well as identifying emerging issues and areas for further research, each chapter will be rich in pedagogical features, including web links to further research and discussion questions for beyond the classroom. Combining their specialisms in law and politics, Atapattu and Schapper have developed a truly inter-disciplinary resource that will be essential for students of human rights, environmental studies, international law, international relations, politics, and philosophy.

Die regelmassige Verjahrung beginnt seit der Reform des Verjahrungsrechts mit Kenntnis bzw. bereits mit grob fahrlassiger Unkenntnis des Glaubigers vom Schuldner und den den Anspruch begrundenden Umstanden. Weder die Kenntnis an sich noch die grob fahrlassige Unkenntnis stellen aber dogmatisch klare und daher in der Praxis handhabbare Rechtsbegriffe dar. Angesichts des Zwecks der Verjahrung, namlich Rechtssicherheit herbeizufuhren, erscheint daher eine Klarung gerade dieser subjektiven Tatbestandsmerkmale des neuen Verjahrungsrechts besonders wichtig.