Based on case studies spanning time and geography from the Spanish to the Nigerian civil wars, to government repression in Argentina and genocidal policies in Guatemala and Rwanda and, finally, to forced population removal in Australia and Israel, this collection represents a focused attempt to come to grips with some of the strategies used to publicly engage with traumatic memory work. The various essays offer a kaleidoscopic perspective of new approaches to show how such memory work contributes to transitional justice efforts, demonstrating the complexities of achieving justice and reconciliation through the open expression of shared memories of violence.

Essential Java serves as an introduction to the programming language, Java, for scientists and engineers, and can also be used by experienced programmers wishing to learn Java as an additional language. The book focuses on how Java, and object-oriented programming, can be used to solve science and engineering problems.
Many examples are included from a number of different scientific and engineering areas, as well as from business and everyday life. Pre-written packages of code are provided to help in such areas as input/output, matrix manipulation and scientific graphing.
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This volume contains articles on three areas of family law that, at the dawn of the 21st century, have provoked passionate discussion. The topics of concern include: (compulsory) arrangements regarding children, registration schemes for same-sex couples (new jurisdictions), and the effectiveness of the pater est rule. The book's contributions are preceded by two introductory articles. The historical introduction addresses the 'cultural constraints argument' which, according to a few legal scholars, prevents both spontaneous and deliberate harmonization of family law. Is family law indeed embedded in unique national (legal) culture? What lessons can be learned from the past? The methodological introduction proffers some general ideas as to how comparative family law is perceived and what it should entail whereby a comparison is made between more recent developments in Europe and the United States.

The Commission on European Family Law published its Principles of European Family Law Regarding Divorce and Maintenance Between Former Spouses in 2004 as a contribution towards the establishment of a European Family Law. Only by empirical testing of the Principles in a number of legal systems can one demonstrate whether they are acceptable and/or are regarded as an improvement on existing national laws. This edited volume seeks to test the Principles in a range of legal systems, some already considered by the CEFL: France, Scandinavia, England, Scotland; some untested: Malta, Estonia, Lithuania and Turkey; and in so doing to assess these legal systems in view of the Principles, and the Principles in view of these legal systems. The final part of the volume is a comparative assessment of the findings, looking at the Principles first as harmonious ideals, and then as shortfalls in these ideals and at the obstacles to harmonisation

During September 16-21, 2007, the XIIIth World Congress on Procedural Law was held in Salvador de Bahia, Brazil. The Congress was dedicated to the theme 'New Trends in Procedural Law' and was organized by the International Association of Procedural Law. This book contains the Congress reports regarding the following themes: information technology in litigation new trends in pre-action new trends in standing and res iudicata in collective suits new trends in illegal evidence in criminal procedure civil case management the Belgian debate and reforms the European small claims procedure presumptions in Dutch private law (19th and 20th centuries) within a European context.

This book covers five areas of family property law in Europe: matrimonial property law, family contracts (issues of autonomy), the legal protection of older people, the freedom of testation and protection of family members, and the unification of private international law. All of these issues are highly relevant as Europe is at a key stage in its development with all societies experiencing broadly similar demographic trends and facing the social and legal policy challenges that accompany them. The increase in international mobility and multi-jurisdiction couples poses increased pressure to provide private international law solutions and prompts calls for substantive harmonization. The high divorce rate in many jurisdictions means that matrimonial property and maintenance issues affect more families. Other social changes - such as an increased maternal labor market attachment - invite reconsideration of the basis for financial relief between spouses in divorce. All jurisdictions are also experiencing growth in cohabitation and extra-marital births. In short, family structures are becoming more complex. This raises questions concerning the division of property, both on separation or following death, where the appropriate priority among the diverse range of surviving family members needs to be resolved. Moreover, as fertility rates decline and populations age, increasing numbers of older people require costly personal and medical care, prompting a new set of questions for law and society to resolve. These issues are discussed throughout the book. (Series: European Family Law - Vol. 29)

In November 2010, the Ius Commune Research School devoted the Liability and Insurance workshop on its annual conference to 'the Power of Punitive Damages'. In their search for better ways to enforce private and public legal rules, prevent damage, and compensate victims of grave wrongdoing, European legal scholars and policy makers show an increased interest in this particular private law remedy. The twenty-two authors of this book reflect on the pros and cons, applicability, aims and limitations of punitive damages in terms of different legal themes. Some of the authors are, because of their legal background, familiar with punitive damages, whereas others are not. Likewise, some take an enthusiastic stance, whereas others remain prudent. The result is a unique collection of thoughts, suggestions and critical questions which takes the European punitive damages debate to the next level. It improves perception of the private law sanction, which is often feared by Europeans, and its common law background, but also gives new insights as regards the question whether European societies are missing out by not adding this powerful penal incentive to the already existing array of private law remedies.

Target exam success with My Revision Notes. Our updated approach to revision will help students learn, practise and apply their skills and understanding. Coverage of key content is combined with practical study tips and effective revision strategies to create a revision guide students can rely on to build both knowledge and confidence. - Plan and manage a successful revision programme using the topic-by-topic planner - Enjoy an interactive approach to revision, with clear topic summaries that consolidate knowledge and related activities that put the content into context - Build, practise and enhance exam skills by progressing through revision tasks and Test Yourself activities - Improve exam technique through examstyle questions and sample answers with commentary from expert authors and teachers - Get exam ready with extra quick quizzes and answers to the activities available online

Health Promotion in Midwifery explores the principles of health promotion within the practical context of midwifery. It clearly outlines and discusses the midwife's role in health promotion, making it essential reading for all student and practising midwives, as well as clinical practitioners. Emphasizing the link between theory and practice, the second edition incorporates chapters on domestic violence, sexual health, breastfeeding, and mental health promotion. Text boxes make the text accessible and user-friendly and case studies and summaries put the material in practical context. Additional readings encourage readers to further research and reflection on their own practice. Throughout the book, the importance of the role of the midwife in health promotion is emphasized. This second edition brings together contributions from a variety of experienced practitioners.

Charles Oertel bevind hom in ’n netelige posisie. Hy is ’n skatryk Vrystaatse boer en het sentimente jeens beide magte wat tydens die Anglo-Boereoorlog slaags raak. Bothma se noukeurige navorsing oor hierdie invloedryke man en sy nasate se lotgevalle tydens en na die oorlog bevestig geboekstaafde kennis maar bied ook nuwe inligting. Daarbenewens is dit ’n boeiende menslike verhaal wat die leser tot nadenke stem. Sou dit anders verloop het as dit nie vir die oorlog was nie? Keer die mens nie die punt van die punt van die swaard self op sy hart nie? Punt van die swaard was in 2005 op die kortlys vir die Louis Hiemstra-prys vir niefiksie.

Private Law in a Changing World honours the work of Professor Danie Visser and celebrates his return to research after almost a decade as Deputy Vice-Chancellor of the University of Cape Town. It considers the ways in which the law of obligations has evolved in response to external forces in both the recent and remote past – or, to switch perspectives, the high degree of internal coherence and continuity which it has maintained over time despite the operation of such forces.

Leading scholars of legal history and private law from six jurisdictions consider topics drawn from across the law of contract, delict/tort and unjust/unjustified enrichment.

Their insights shed light on contemporary debates around the world regarding the value of doctrinal scholarship, and on the debates regarding the decolonisation of private law currently unfolding in South Africa.

European jurisdictions play a central role in intercountry adoption, both as countries of origin for children being placed, and as receiving countries. In 2010, 50 per cent of all children involved in intercountry adoption worldwide were sent to countries within Europe, while three European states - France, Spain and Italy - have been in the top five receiving states in the world for the past 15 years. In addition, of the approximately 30,000 children involved in intercountry adoption per year worldwide, around one-third come from European jurisdictions. The question that this book aims to answer is very simple: how can we best protect the rights of these children? Using the United Nations Convention on the Rights of the Child and the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption as the foundation for analysis, this book provides an examination of the application of children's rights in the field of intercountry adoption. It uses European jurisdictions as examples of both good and bad practice in order to illustrate the issues that arise in the practical implementation of these principles. In doing so, the book proposes normative guidelines within which intercountry adoption can be effected in a manner that protects the rights of children in Europe. This book argues that children involved in intercountry adoption should be afforded the same safeguards, the same protection, as children in domestic placements, in a system that focuses on the welfare of the child as the paramount consideration. The book covers in detail the following issues: - the place of intercountry adoption within the domestic system - the applicability of intercountry adoption as a child protection mechanism, and the impact it can have on other forms of alternative care - the conditions for parental consent to intercountry adoption; including the identity of those who must give consent, and how it can be dispensed with - the mechanisms used to prevent consent being obtained improperly, and to prevent the illegal trafficking of children - the participation of the adopted child in the decision-making process - the right of the child to obtain information concerning his or her biological parents - the eligibility of prospective adopters - the support necessary for a successful adoptive placement

The need to prevent convicted prisoners and other offenders from reoffending constitutes a major challenge for both criminal justice and penitentiary systems. Reoffending rates are considerable - in many instances they are even high - while the issue is tremendously complicated. Rehabilitation (sometimes described as resocialisation, reintegration or treatment) is an important tool to prevent reoffending, but has clearly become less self-evident in many jurisdictions in recent decades. This volume therefore first of all focuses on the value of restoring offenders to a useful life from the perspective of prisoners, their family, society, the tax-payer, prison staff and administration and victims, as well as from a criminological viewpoint. Notwithstanding these actual values of rehabilitation measures, their application alone may not be sufficient to prevent someone from reoffending. This particularly applies to high risk offenders, i.e. those who pose a substantial risk of further serious offending, such as sex offenders, terrorists, and members of organized criminal groups. This volume therefore also considers measures to deal with high risk offenders during and after their sentence, and the arguments for and against their use. La necessite d'empecher les detenus condamnes et autres delinquants de repasser a l'acte est le defi de taille que la justice criminelle et les systemes penitentiaires se doivent de relever. Les taux de recidive sont considerables (il n'est pas rare qu'ils soient meme eleves) et le probleme est extremement complexe. La rehabilitation (parfois decrite comme resocialisation, reinsertion ou encore traitement) est un outil important pour prevenir la recidive, bien qu'au cours des dernieres decennies, son importance se soit clairement amoindrie dans bon nombre de juridictions. Aussi, le present ouvrage se concentrera avant tout sur la valeur de la reintegration des delinquants dans une vie utile, tant du point de vue des detenus, de leur famille, de la societe, du contribuable, du personnel et de l'administration penitentiaires et des victimes, que d'un point de vue criminologique. Bien que la valeur des mesures de reinsertion soit bien reelle, leur seule application peut s'averer insuffisante pour prevenir la recidive. C'est particulierement vrai dans le cas des delinquants a haut risque, c'est-a-dire ceux qui presentent un risque important de nouveau delit grave, tels que les delinquants sexuels, les terroristes et les membres de groupes criminels organises. Cet ouvrage abordera des lors les mesures permettant de traiter les delinquants a haut risque durant l'execution de leur peine et au terme de celle-ci, ainsi que les arguments favorables et defavorables a leur utilisation.

This book seeks to define a contemporary disability human rights approach for the field of employment. Based on an analysis of the newly-adopted UN Convention on the Rights of Persons with Disabilities and present-day interpretations of international and European human rights instruments, it identifies four main requirements as characterising the contemporary disability human rights approach on the labour market: - substantive equality founded on inclusive general structures, - a definition of disability which recognises that disability results from the interaction between impairment and social structures and that all persons may at one time or another of their lives be disabled, - involvement of organisations of disabled persons in law and policy-making, and - a rights-based approach. It examines Danish and Swedish employment law and policy as well as their compliance with contemporary disability human rights. In addition, EU law and policy in the field of disability employment law and policy are examined in relation to the contemporary disability human rights approach. The analysis and comparison of Danish and Swedish law and policy, which is done on the basis both of legal sources and statistical information on the use and effects of different laws and policies, concentrates on four different areas of employment law and policy: disability equality, employers' obligations towards employees with disabilities and / or reduced working capacity, employment promotion for unemployed persons with disabilities and income-replacement for persons with disabilities outside the labour market. The comparison shows that the main difference between Danish and Swedish disability employment law lies in level of employers' obligations under employment protection law and health and safety law. It is argued that this difference leads to more inclusive general structures on the labour market in Sweden and constitutes the main explanation for the extreme difference in employment rates for persons with disabilities and reduced working capacity in Denmark and Sweden.

The optional matrimonial property regime of the community of accrued gains was created to address legal difficulties that may arise from marriages between persons of different nationalities or persons not living in their country of origin. It is the result of a treaty between France and Germany and entered into force in 2013. As it approaches cross-border conflicts using substantive legal rules, it has a unique character and is considered to be the first step towards the harmonisation of European family law. It is of interest beyond the borders of France and Germany because other Member States of the European Union can accede to the treaty. Further, the optional matrimonial property regime is open not only to marriages between French and German nationals but also to French or German couples living abroad or foreign couples living in France or Germany. To make the Franco-German treaty more accessible to the lawyer in Europe, this book contains the optional matrimonial property regime in five languages, namely German and French - the official languages - and English, Italian and Spanish. Each article of the optional matrimonial property regime is accompanied by a short commentary. Moreover, to provide the reader with additional background information, translations of the memoranda and explanatory reports are also included. With an introduction by Professor Maria Giovanna Cubeddu Wiedemann (University of Trieste) and Professor Dr. Dr. h.c. mult. Dieter Henrich (University of Regensburg) and translations by Professor Marella Magris (University of Trieste) and Professor Helena Lozano (University of Trieste).

Stress is an inevitable part of being lawyer and it can even be a positive force - it can help you push through long hours or meet tough targets. However, when stress becomes excessive, it can be damaging to individuals and to firms, leading to mental and physical sickness, lack of morale or a desire to take on additional responsibility, and worse. The problem is widespread. According to a Law Society survey, 95% of lawyers have some negative stress in their jobs, and 17% say that this is extreme. Lawyers feel overloaded with work, unappreciated, isolated, and unsupported; many complain of unattainable targets, poor pay, and long hours. And while many firms say they have programmes in place that are geared towards improving the wellbeing of staff, 66% of lawyers say they would be concerned about reporting feelings of stress to their employer because of the stigma involved. Nobody wishes to be seen as a weak link in the chain of a professional practice. A solution won't be found overnight. This book is designed to encourage lawyers and firms to think more about the question of stress, how to recognise it in others and themselves, and how to take action before it becomes excessive. It is written for lawyers everywhere - regardless of location or career level. Key topics include: What is stress - how does it affect us? How can you prepare for inevitable stress and be better fitted to cope? How can you recognise the signs of stress in yourself and others? What are the particular characteristics of lawyers that make them more susceptible to negative stress? Mindfulness, mind-mindedness, and emotional intelligence (EI) - what they are and how they can help you to cope with stressful situations. Vicarious trauma - how you can be aware of and manage unavoidable emotional reactions to and/or involvement with clients' emotions. Looking after ourselves and our teams - what can (and can't) we do to make things better? The advice is informed by the author's practical experience as a lawyer and psychotherapist, and it is underpinned by recent statistical and research evidence, and illustrated by the personal experiences of lawyers whose stories have been anonymised, deconstructed, and re-arranged for confidentiality. The book also includes tips, exercises, and frameworks to think about in order to help you to tackle stress and promote mental wellbeing.

The need for more stringent regulation of multinational corporations (MNCs) is discernible in the adverse human rights impact of business activities in conflict-prone regions of the world. Domestic jurisdictions appear reluctant to vigorously pursue mandatory enforcement of human rights standards vis-a-vis the private sector for violations committed abroad. The international system, in turn, has not yet put in place any effective compliance mechanism beyond regulatory supervision. The difficulties of prosecution by home and host states, and the propensity of MNCs to exploit the principles of separate legal personality and limited liability, pose certain challenges. Seeking to address the problem of corporate involvement in grave human rights abuse (i.e. genocide, crimes against humanity, and war crimes), this study explores the desirability and feasibility of subjecting business enterprises to regulation through international criminal law. It draws upon holistic methods for uncovering organizational fault, suggesting the necessity to align the culpability of legal persons with the peculiarities of institutional form and dynamics. The book discusses the instrumentality of existing Rome Statute provisions with regard to both corporations and corporate agents, and puts forward a sui generis model for constructing the criminal liability of MNCs.

A veteran environmentalist shares her roadmap to a healthier world—one that uses the law to empower activists and provide hope for communities everywhere. We have reached a critical tipping point in our fight for the environment: Corporations profit off climate change, natural disasters devastate homes, and the most vulnerable suffer the health effects of pollution. Yet our laws are designed to accommodate this destruction rather than prevent it. Without government support, it’s no wonder people feel powerless. But there is a solution. In The Green Amendment, veteran environmentalist Maya K. van Rossum presents her radically simple plan for a green future: bypass local laws and turn to the ultimate authority—our state and federal constitutions—to ensure we have the right to a healthy environment. Through compelling interviews with activists on the ground, clear evidence from experts, and heartbreaking stories from those hit hardest by environmental ruin, The Green Amendment lights the path forward. In this updated edition of her trailblazing 2017 book, van Rossum invites readers to join the movement by sharing: Why Green Amendments work where other movements have failed How to position Green Amendments and what specific language offers the strongest legal protections How to argue in favor of environmental rights, and the economic and health benefits that will help activists make the case How Green Amendments address the crucial intersection of environmentalism and anti-racism What everyone—from artists and students to scientists and lawyer—can do to further the cause With the power of The Green Amendment, we can claim our environmental rights, ensuring a clean, safe Earth for generations to come.

Although the protection of individuals' interests against administrative actions is still primarily the domain of the judiciary, most legal systems nowadays also assign this task to ombudsmen. This can potentially lead to tension between the two institutions and can affect their relations, and therefore needs coordination. This book investigates whether relations between the judiciary and ombudsmen exist at all, how their respective tasks and competences influence one another and how they are coordinated. It contains a comprehensive and comparative study on the coordination of the relations between ombudsmen and the judiciary in three considerably different legal systems, namely the Netherlands, England and the European Union. The author identifies three levels of possible coordination: institutional coordination, case coordination and normative coordination. He explores and compares the statutory rules, the case law of the judiciary and ombudsprudence. In addition, he draws from experiences shared through interviews with ombudsmen, judges and employees of ombudsman offices. In doing so, he demonstrates that several improvements to the ombudsmen-judiciary relations are required

This collection aims not only at honouring Lourens du Plessis in the traditional Festschrift style, but also to engage with his thinking, critically or otherwise, and to reflect on how his thinking can be applied to different areas of the law.

This innovative textbook, now in its second edition, presents EU competition law in political, economic and comparative context. It brings competition law to life from an EU and global perspective, with cross currents of trade and industrial policy and attention to the intervention of the state in the market. Quintessentially readable, the book deftly and concisely excerpts the key cases and embeds them in explanatory materials, including policy statements and regulations. It is entirely up to date and integrates, for example, new issues of power in the digital economy. Notes accompanying the cases raise hard questions and explain the fascinating issues underlying contemporary competition policy in the European Union and around the world. The book covers the full range of competition law and policy subjects, namely: the Treaties and the single market, cartels, other horizontal and vertical agreements, abuses of dominance, merger control, and state restraints including State aids. Among key features, the book: integrates law, economics and policies, providing a holistic sense of competition law and its place in the EU system is unusually concise, given its coverage, while explaining the critical nuances of cases by means of notes and questions provides a unique comparative perspective by including excerpts of landmark US antitrust cases and numerous other comparative references. This book is a perfect textbook for students of EU competition law and even competition law in general, given that most nations in the antitrust family of the world build their competition laws upon the EU model. It is useful for specialized seminars on European, US, and other nations’ and regions’ competition laws. It is also an excellent desk book and resource for academics, enforcers and practitioners in the field.

The Elgar Encyclopedia of Crime and Criminal Justice stands apart as the most comprehensive global reference title in its field. Featuring the work of over 250 scholars and practitioners from around the world, the Encyclopedia presents an accessible and uniquely far-reaching set of entries on topics associated with crime and criminal justice. Within this flagship work, the incredible breadth and depth of the field is captured by a diverse and international range of contributors. The Encyclopedia is curated by a team of globally renowned scholars and is ambitious in its scope – comprising thematic, regional and comparative coverage. Entries give a concise summary of the accumulated knowledge on their topic, followed by a list of references to facilitate further study. Over 300 entries Entries organised alphabetically for ease of navigation Fully cross-referenced Entries written by scholars and practitioners from around the world World class editorial team The Encyclopedia will be available online ahead of print, followed by a multi-volume print edition.