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An important exploration into how copyright has become a tool of unprecedented power and wealth for the few, widening the gap between the richest and poorest in society. Copyright is everywhere. It controls much of what we do in the modern world, including the films we watch, the books we read, the music we listen to, the video games we play and the apps we use on our mobile telephones. Copyright goes beyond content created by the living. Today, legal battles are being fought over who owns the permissions (and thereby earns the profit) in the output of artificial intelligence programs. What began as a means of regulating the trade in books, has developed into a legal and linguistic labyrinth that has given financial and cultural ownership to an increasingly smaller group of larger corporations. Who Owns This Sentence? looks at how throughout history, principled arguments, greed, and opportunism have ensured copyright's ascendency, and unveils those who are behind a phenomenon that has faced little public debate.
Give and Take offers a new history of government in Tokugawa Japan (1600–1868), one that focuses on ordinary subjects: merchants, artisans, villagers, and people at the margins of society such as outcastes and itinerant entertainers. Most of these individuals are now forgotten and do not feature in general histories except as bystanders, protesters, or subjects of exploitation. Yet despite their subordinate status, they actively participated in the Tokugawa polity because the state was built on the principle of reciprocity between privilege-granting rulers and duty-performing status groups. All subjects were part of these local, self-governing associations whose members shared the same occupation. Tokugawa rulers imposed duties on each group and invested them with privileges, ranging from occupational monopolies and tax exemptions to external status markers. Such reciprocal exchanges created permanent ties between rulers and specific groups of subjects that could serve as conduits for future interactions. This book is the first to explore how high and low people negotiated and collaborated with each other in the context of these relationships. It takes up the case of one domain—Ōno in central Japan—to investigate the interactions between the collective bodies in domain society as they addressed the problem of poverty.
In the United States today, the use or possession of many drugs is a criminal offense. Can these criminal laws be justified? What are the best reasons to punish or not to punish drug users? These are the fundamental issues debated in this book by two prominent philosophers of law. Douglas Husak argues in favor of drug decriminalization, by clarifying the meaning of crucial terms, such as legalize, decriminalize, and drugs; and by identifying the standards by which alternative drug policies should be assessed. He critically examines the reasons typically offered in favor of our current approach and explains why decriminalization is preferable. Peter de Marneffe argues against drug legalization, demonstrating why drug prohibition, especially the prohibition of heroin, is necessary to protect young people from self-destructive drug use. If the empirical assumptions of this argument are sound, he reasons, drug prohibition is perfectly compatible with our rights to liberty.
Many people think human reproductive cloning should be a crime-some states have even outlawed it and Congress is working to enact a national ban. However, if reproductive cloning soon becomes a reality, it will be impossible to prevent infertile couples and others from choosing the technology, even if they have to break the law. While most books on cloning cover the advantages and disadvantages of cloning technology, Illegal Beings describes the pros and cons of laws against human reproductive cloning. Kerry Lynn Macintosh, an attorney with expertise in the area of law and technology, argues that the most common objections to cloning are false or exaggerated, inspiring laws that stigmatize human clones as subhuman and unworthy of existence. She applies the same reasoning that was used to invalidate racial segregation to show how anti-cloning laws, by reinforcing negative stereotypes, deprive human clones of their equal protection rights under the law. Her book creates a new topic within constitutional law: existential segregation, or the practice of discriminating by preventing the existence of a disfavored group or class. This comprehensive and novel work looks at how anti-cloning laws will hurt human clones in a fresh perspective on this controversial subject. Kerry Lynn Macintosh is a member of the Law and Technology faculty at Santa Clara University School of Law. She is the author of papers, articles, and book chapters on the law and technology and has contributed to the Harvard Journal of Law and Technology, Boston University Journal of Science and Technology Law, and Berkeley Technology Law Journal.
Drawing upon law, politics, sociology, and gender studies, this volume explores the ways in which the Muslim body is stereotyped, interrogated, appropriated and demonized in Western societies and subject to counter-terror legislation and the suspension of human rights. The author examines the intense scrutiny of Muslim women's dress and appearance, and their experience of hate crimes, as well as how Muslim men's bodies are emasculated, effeminized and subjected to torture. Chapters explore a range of issues including Western legislation and foreign policy against the 'Other', orientalism, Islamophobia, masculinity, the intersection of gender with nationalism and questions about diversity, inclusion, religious freedom, citizenship and identity. This text will be of interest to scholars and students across a range of disciplines, including sociology, gender studies, law, politics, cultural studies, international relations, and human rights.
A look inside the weaponization of social media, and an innovative proposal for protecting Western democracies from information warfare. When Facebook, Twitter, YouTube, and Instagram were first introduced to the public, their mission was simple: they were designed to help people become more connected to each other. Social media became a thriving digital space by giving its users the freedom to share whatever they wanted with their friends and followers. Unfortunately, these same digital tools are also easy to manipulate. As exemplified by Russia's interference in the 2016 U.S. presidential election, authoritarian states can exploit social media to interfere with democratic governance in open societies. Tyrants on Twitter is the first detailed analysis of how Chinese and Russian agents weaponize Facebook, Instagram, Twitter, and YouTube to subvert the liberal international order. In addition to examining the 2016 U.S. election, David L. Sloss explores Russia's use of foreign influence operations to threaten democracies in Europe, as well as China's use of social media and other digital tools to meddle in Western democracies and buttress autocratic rulers around the world. Sloss calls for cooperation among democratic governments to create a new transnational system for regulating social media to protect Western democracies from information warfare. Drawing on his professional experience as an arms control negotiator, he outlines a novel system of transnational governance that Western democracies can enforce by harmonizing their domestic regulations. And drawing on his academic expertise in constitutional law, he explains why that system—if implemented by legislation in the United States—would be constitutionally defensible, despite likely First Amendment objections. With its critical examination of information warfare and its proposal for practical legislative solutions to fight back, this book is essential reading in a time when disinformation campaigns threaten to undermine democracy.
How should we proceed with advanced research of humanities and social sciences in collaboration? What are the pressing issues of this new trend in a cataclysmic time for civilization? This book, originated with a Japan Society for the Promotion of Science (JSPS) Topic-Setting Program, addresses these challenging questions in four parts for innovating twenty-first-century humanities and social sciences. It broadens the horizon for reviewing multi-disciplinary landscapes of risks and regulation of new technologies by focusing on paradigmatic cases from the fields of life and environment. Here, genome editing for reproductive treatment and renewable energy under the constraint of climate change in Japanese and global contexts are involved. The volume comprises a combination of topics and aspects such as public policy and philosophy of science, medicine and law, climate ethics, and the economics of electricity. This edited collection will thus motivate forward-thinking readers across the diverse spectrum of social sciences and humanities to survey themes of their own interests in multi-disciplinary studies. In so doing, they can explore the evolving frontiers of those disciplines and the depths of individual contributions by experts in philosophy, ethics, law, economics, and science, technology, and society (STS), including bioscience.
This collection of original essays on the ethical and legal implications of humanitarian military intervention presents a variety of normative perspectives. It considers topics such as the just-war theory and its limits, secession and international law, and new approaches toward the moral adequacy of intervention. Written by well-known contemporary philosophers, the essays form a challenging and timely volume that will interest political philosophers and theorists, readers in law and international relations, and anyone concerned with the moral dimensions of international affairs.
Written between 1969 and 1999, these essays in political philosophy examine the standards by which social and political institutions should be justified and appraised. The collection includes the classic essays "Preference and Urgency", "A Theory of Freedom of Expression", and "Contractualism and Utilitarianism", as well as other essays that have not been generally accessible until now. The volume will be essential reading for all studying these topics from the perspective of political philosophy, politics, and law.
A Voting Rights Odyssey is the story of the efforts of the white leadership in Georgia to maintain white supremacy by denying blacks the right to vote and hold elected office. Narrated chronologically, most of the story is told by those who participated; from Alexander H. Stephens, Vice President of the Confederacy, to Carl Sanders, Governor of Georgia, to Emma Gresham, Mayor of Keysville in rural Burke County.
Coming at a time of profound change in the global conditions under which American organized labor exists, The Future of the American Labor Movement describes and analyzes labor's strategic alternatives. It casts its net broadly, taking into account ideas that range from the current European Social Dialogue to the methods of the nineteenth Century American Knights of Labor. There are a number of intriguing strategies that have potential for reviving the U.S. labor movement, of which worker ownership and labor capital strategies are examples. There is a necessity for a number of diverse strategies to be pursued simultaneously. For this to work, there has to be a a broad movement of labor, consisting of diverse parts, held together by a clear idea of its purpose and a new structure. Hoyt N. Wheeler is Professor of Management and Chair, Management Department, Moore School of Business, University of South Carolina. Wheeler is a former president of the Industrial Relations Research Association, and editor of its magazine Perspectives on Work. He has won teaching awards at the University of Minnesota and at the University of South Carolina. His publications include Industrial Conflict: An Integrative Theory (South Carolina, 1985), which was a Choice magazine as a Outstanding Academic title, and Workplace Justice: Employment Justice in International Perspective (co-editor, Flower, 1994). Wheeler is an attorney specializing in labor law, and labor relations arbitrator and a member of the National Academy of Arbitrators.
Two A Level Law Revision Guides, designed to be used together, which cover all the content for WJEC and Eduqas A Level Law. Book 1 covers all the content of the Year 1 and AS course, and provides some content for the Year 2 and A2 course. / Designed to complement the student book, this practical and concise revision guide supports students preparing for their WJEC/Eduqas A Level Law assessment. / Written by experienced Law teachers and examiners / Reinforces knowledge and understanding through a variety of Activities and Quickfire Questions / Offers advice to boost revision technique and includes guidance throughout on how to approach the various types of questions students may encounter in the exam. / Contents: Law Making, the Nature of Law and the Welsh and English Legal Systems: Law making; Law reform; Delegated legislation; Statutory interpretation; Judicial precedent; Civil courts; Criminal process; Juries; Legal personnel: Barristers and solicitors; Legal personnel: Judiciary; Legal personnel: Magistrates; Access to justice and funding; Law of Contract: Rules and theory of the law of contract; Essential requirements of a contract; Discharge of a contract; Remedies: Contract law; Law of Tort: Rules of tort; Liability in negligence; Occupier's liability; Remedies: Tort; Criminal Law: Rules and theory of criminal law; General elements of criminal liability; Hierarchy of non-fatal offences against the person; Human Rights Law: Rules, theory and protection of human rights law; Specific provisions of the ECHR; Reform of human rights; Restrictions of the ECHR; Glossary.
William Galston is a distinguished political philosopher whose work is informed by the experience of having served from 1993-1995 as President Clinton's Deputy Assistant for Domestic Policy. Isaiah Berlin first advanced the moral theory of value pluralism in the 1950s and it subsequently was developed by a number of distinguisthed scholars, including Galston. In Liberal Pluralism, Galston defends a version of value pluralism for political theory and practice. Against the contentions of John Gray and others, Galston argues that value pluralism undergirds a kind of liberal politics that gives great weight to the ability of individuals and groups to live their lives in accordance with their deepest beliefs about what gives meaning and purpose to life. This account of liberal pluralism is shown to have important implications for political deliberation and decision-making, for the design of public institutions, and for the division of legitimate authority among government, religious institutions, civil society, parents and families, and individuals. Liberal pluralism leads to a vision of a good society in which political institutions are active in a limited sphere and in which, within broad limits, families and civil associations may organize and conduct themselves in ways that are not congruent with the principles that govern the public sphere. William Galston is Professor, School of Public Affairs, University of Maryland and Director at the Institute for Philosophy and Public Policy. He is the author of Liberal Purposes (Cambridge, 1991), which won the Spitz Prize. Galston's other books include Justice and the Human Good (Chicago, 1980) and IKant and the Problem of History (Chicago, 1975). He is also a Senior Advisor to the Democratic Leadership Council and the Progressive Policy Institute.
Can the state respect cultural differences while protecting the rights of vulnerable group members, in particular women? Shachar argues that it is both theoretically needed and institutionally feasible. Rejecting prevalent solutions to this "paradox of multicultural vulnerability", Multicultural Jurisdictions argues for enhancing minorities' autonomy, while providing viable legal-institutional solutions to intra-group rights violation. This new "joint governance" approach reduces the injustice between minority groups and society, while enhancing justice within them. This book will interest students of political and social theory, law, religion, institutional design, and cultural and gender studies.
Multinational Democracies is the first collaborative, multi-perspective critical survey of a new and distinctive type of political association that is coming into prominence in the twenty-first century. These are democratic societies that are not only multicultural but also multinational: that is, they comprise two or more nations. Nineteen leading comparative political scientists and political theorists from Europe and North America clarify the complex character and tensions of multinational democracies by reflecting on four exemplars--the United Kingdom, Spain, Belgium and Canada. The work offers a new approach to the study, understanding and governing of multinational societies and, in so doing, of culturally diverse societies more generally. This volume will be of interest to those concerned with diverse societies, nationalism, struggles for recognition, federalism and democratic constitutionalism in conditions of pluralism.
The 2018 Nobel laureate for economics analyzes the politics and economics of the central environmental issue of today and points the way to real solutions Climate change is profoundly altering our world in ways that pose major risks to human societies and natural systems. We have entered the Climate Casino and are rolling the global-warming dice, warns economist William Nordhaus. But there is still time to turn around and walk back out of the casino, and in this essential book the author explains how. Bringing together all the important issues surrounding the climate debate, Nordhaus describes the science, economics, and politics involved—and the steps necessary to reduce the perils of global warming. Using language accessible to any concerned citizen and taking care to present different points of view fairly, he discusses the problem from start to finish: from the beginning, where warming originates in our personal energy use, to the end, where societies employ regulations or taxes or subsidies to slow the emissions of gases responsible for climate change. Nordhaus offers a new analysis of why earlier policies, such as the Kyoto Protocol, failed to slow carbon dioxide emissions, how new approaches can succeed, and which policy tools will most effectively reduce emissions. In short, he clarifies a defining problem of our times and lays out the next critical steps for slowing the trajectory of global warming.
The book seeks to address the intersection of food organics and the emergence of a new contractualism between producers, distributors and consumers, and between nation states. Additionally, it seeks to cater to the needs of a discerning public concerned about how its own country aims to meet their demands for organic food quality and safety, as well as how they will benefit from integration in the standard-setting processes increasingly occurring regionally and internationally. This edited volume brings together expert scholars and practitioners and draws on their respective insights and experiences in the field of organics, food and health safety. The book is organized in three parts. Part I outlines certain international perspectives; Part II reflects upon relevant histories and influences and finally, Part III examines the organic food regulatory regime of various jurisdictions in the Asia Pacific.
The characteristic features of clear argumentation and careful scholarship that have been hallmarks of the philosophy of A. John Simmons are everywhere evident in this collection. The essays focus on the problems of political obligation and state legitimacy as well as on historical theories of property and justice. Cumulatively the collection presents a distinctive social and political philosophy, exploring the nature of our most fundamental rights and obligations, and displaying the power and plausibility of Lockean ideal theory.
Friston on Costs is the acclaimed and often-cited authority on the law of costs. Separated into sixteen well-defined and easily navigable parts, this substantial and encyclopaedic text covers all aspects of the law of civil costs from funding and contracts of retainers, all the way through to the assessment of costs (both between opposing parties and between solicitor and client). The fourth edition has been updated to take into account the considerable number of authorities on this difficult and technical topic. Areas of interest to specialists have also been expanded upon, such as the recoverability of the costs of inquests, the costs of solicitors who act in their own cause, and disclosure of litigation funding. Friston features thorough cross-referencing throughout, enabling the user to easily locate answers to even the most complex of costs issues. It is an invaluable resource for costs judges, academics, and practitioners alike. Companion website: www.oup.com/friston
Born into a tenant farming family in North Carolina in 1946, Mary Louise, Mary Ann, Mary Alice, and Mary Catherine were medical miracles. Annie Mae Fultz, a Black-Cherokee woman who lost her ability to hear and speak in childhood, became the mother of America's first surviving set of identical quadruplets. They were instant celebrities. Their White doctor named them after his own family members. He sold the rights to use the sisters for marketing purposes to the highest-bidding formula company. The girls lived in poverty, while Pet Milk's profits from a previously untapped market of Black families skyrocketed. Over half a century later, baby formula is a seventy-billion-dollar industry and Black mothers have the lowest breastfeeding rates in the country. Since slavery, legal, political, and societal factors have routinely denied Black women the ability to choose how to feed their babies. In Skimmed, Andrea Freeman tells the riveting story of the Fultz quadruplets while uncovering how feeding America's youngest citizens is awash in social, legal, and cultural inequalities. This book highlights the making of a modern public health crisis, the four extraordinary girls whose stories encapsulate a nationwide injustice, and how we can fight for a healthier future.
This edited volume explores the relationship between constitutionalism and populism in the Italian context. Italian populism is of interest to comparative lawyers for many reasons. Firstly, the country has a long-lasting tradition of anti-parliamentarism over the course of its history as a unitary state. After the 2018 general election, it has turned into the first European country in which two self-styled populist parties formed a coalition government. Although it collapsed in August 2019, many issues that it had raised remain. Secondly, as Italy is a founding member of the European Communities, the constitutional implications of populist politics have to be considered not only within the national framework but also in a wider context. This book argues that the relationship between populism and constitutionalism should not be seen in terms of mutual exclusion and perfect opposition. Indeed, populism frequently relies on concepts and categories belonging to the language of constitutionalism (majority, democracy, people), offering a kind of constitutional counter-narrative. |
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