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Books > Law > General
Written by an eminent and original thinker in the philosophy of
science, this book takes a fresh, unorthodox look at the key
philosophical concepts and assumptions of the social sciences.
Mario Bunge contends that social scientists (anthropologists,
sociologists, political scientists, economists, and historians)
ought not to leave philosophy to philosophers, who have little
expertise in or knowledge of the social sciences. Bunge urges
social scientists to engage in serious philosophizing and
philosophers to participate in social research. The two fields are
interrelated, he says, and important advances in each can supply
tools for solving problems in the other. Bunge analyzes concepts
that the fields of philosophy and social science share, such as
fact, cause, and value. He discusses assumptions and misassumptions
involved in such current approaches as idealism, materialism, and
subjectivism, and finds that none of the best-known philosophies
helps to advance or even understand social science. In a highly
critical appraisal of rational choice theories, Bunge insists that
these models provide no solid substantive theory of society, nor do
they help guide rational action. He offers ten criteria by which to
evaluate philosophies of social science and proposes novel
solutions to social science's methodological and philosophical
problems. He argues forcefully that a particular union of
rationalism, realism, and systemism is the logical and viable
philosophical stance for social science practitioners.
This volume of Research in Law and Economics contains articles that
address important legal and economic developments in the areas of
healthcare, intellectual property and labor settlements,
competitive effects, cartel overcharges, and the U.S. Federal Trade
Commission ("FTC"). Four of the articles were initially presented
at a conference on healthcare competition in Washington, D.C.,
which was sponsored by the American Antitrust Institute, this
journal, and Navigant Economics. These articles explore practices
that are under challenge in pharmaceuticals, where the Federal
Trade Commission has been extremely active, as well as issues
involving hospital and health insurance mergers. They are followed
by a long and detailed discussion of the current and historic role
of economists and economic analysis at the Federal Trade
Commission. The next two articles analyze different aspects of the
French economy, pre-trial labor settlements and the impact of
e-commerce on franchisees. The volume ends with three technical
economics articles - one on "upward pricing pressure", one on
estimating price increases in cartel cases, and one critiquing a
"meta-analysis" of research on the effectiveness of U.S. merger
regulation. Taken together, these articles raise questions about
appropriate competition policy, how to evaluate settlements and
other firm behavior, and where economics and competition policy are
headed.
As the 2020s began, protestors filled the streets, politicians
clashed over how to respond to a global pandemic, and new scrutiny
was placed on what rights US citizens should be afforded. Newly
revised and expanded to address immigration, gay rights, privacy
rights, affirmative action, and more, The Bill of Rights in Modern
America provides clear insights into the issues currently shaping
the United States. Essays explore the law and history behind
contentious debates over such topics as gun rights, limits on the
powers of law enforcement, the death penalty, abortion, and states'
rights. Accessible and easy to read, the discerning research
offered in The Bill of Rights in Modern America will help inform
critical discussions for years to come.
This book deals with the conception of literary obscenity as found
in law and practice and its cultural and social effects. The
author's primary concern is the restraint which this conception
exercises on serious literature and consequently on intellectual
freedom and artistic creation.
The contributors to this book investigate migration governance in
Asia through a multilevel analysis, addressing its local, national
and regional dimensions as well as placing it in the wider context
of global migration governance. Core case studies include migration
to and within Japan, the migration of Burmese and Tibetan refugees
to India, and the Rohingya crisis in Myanmar. Evaluating the rules,
norms and processes put in place by state and non-state actors to
cope with international migration, the contributors focus
especially on migration flows and the extent to which Asian cases
are distinct from those elsewhere. This includes comparative cases
from Europe and the United States to provide a comparative context
for the analysis of Asia. A valuable resource for students and
scholars of migration studies, especially those with a particular
interest in Asia.
This books provides a contextual analysis of the constitution of
the European Union which, unlike most constitutions, does not
belong to a state. Rather, the EU is an international organization
that has moved beyond the features of international law into a
terrain very close to the municipal law of federal states. Many
features we take for granted in nation-states are non-existent, or
contested, in the Union. There is no European Union constitutional
text in the proper sense; the “Constitutional Treaty” signed by
the Member States in 2004 failed spectacularly in the process of
popular ratification. The Union’s founding texts were
international treaties – international law, not constitutional
law. And yet, over time, legal doctrine put into place by the
European Court of Justice in Luxembourg has led to constitutional
attributes of Union law, and political practice, led by the
Commission, has mirrored these attributes, complementing a de facto
constitutionalist environment. As a consequence, we have seen a
steady re-ordering of the functional boundaries of the Member
States, followed by a nascent re-ordering of the imagined
boundaries of political community and self. All of this is
constitutionalism writ large: legal doctrines, institutional
arrangements, political practices, and their implications for
legitimacy, democracy, and political self-imagination, and together
they form the subject of this fascinating book.
Migration has emerged as an important issue in contemporary global
politics and in the discourse around human development. This book
highlights the role of migration in socioeconomic development and
its interdependence with urbanization, employment, labour and
industry. This volume identifies the challenges which migration and
the subsequent dynamism in population and spatial parameters pose
to land-use patterns, ecology, social politics and international
relations. Through a study of migration patterns and trends in
different parts of India, this collection analyzes the relationship
of migration with social and occupational mobility, poverty and
wealth indices, inequality, distribution of resources and
demographic change. It also explores policy measures and frameworks
which can bring migration into the fold of national development
strategies. Timely and comprehensive, the book underscores the
importance of migration and urbanization, sustainability and
inclusivity to economic growth and development. It will be an
essential read for scholars and researchers of migration studies,
political studies, sociology, urban studies, development studies
and political sociology.
One of the ways in which the American constitution is unique among
the world's mature democracies is the vesting of the power of
constitutional review in the ordinary courts rather than in a
specialized constitutional body. Baude uses frank, understandable
language to explain the relationship between the constition and our
rule of law. Without technical jurisdictional jargon, Baude is able
to survey historical cases to analyze Article III, section 2 of the
United States Constitution. However, Baude's work is vastly
different from analytical works based on philosophical and
technicalities of judicial jurisdiction. This work explores the
relationship between the two, without drawing on the covert
ideological premises of legal liberalism.
WHEN YOU THINK YOU'RE SAFE, WHEN YOU THINK YOU'RE ALL ALONE, THAT'S
WHEN HE'LL COME FOR YOU... A silent killer stalks the city,
targeting those home alone at night, playing a deadly game of cat
and mouse with the victims. As panic spreads, Detective Inspector
Helen Grace leads the investigation, but is herself a hunted woman,
her every step shadowed by a ruthless psychopath bent on revenge.
As she tracks the murderer, Grace begins to suspect there is a
truly shocking home truth that connects these brutal crimes. But
what she will find is something more twisted than she could ever
suspect... Check the windows, lock the doors - this is a twisted
page-turner that will prey on your darkest fears, in the way only
M.J. Arlidge can. _____________________ PRAISE FOR MILLION-COPY
BESTSELLER M.J. ARLIDGE 'Helen Grace is one of the greatest heroes
to come along in years' JEFFERY DEAVER 'The new Jo Nesbo' JUDY
FINNIGAN 'A genuinely fresh heroine ... M.J. Arlidge weaves
together a tapestry that chills to the bone' DAILY MAIL
During apartheid, Jurgen Schadeberg worked for the leading black
publications of the time. This way he had access to the likes of a
young activists, like the lawyer, named Nelson Mandela. Iconic
pictures of many future South African leaders followed.Judge Albie
Sachs, an ANC operative who lost an arm in an attack by the
security police, says of this collection: Jurgen Schadeberg
wrenches moments and people right out of time, place and mood, so
that we can engage with them here and now, as we are, at the
instant of looking. We gasp and feel a frisson of delight at each
picture. Was it really like that? Look at the faces as they were
then, the hairstyles, the clothes people wore, the way they looked
at each other. What is still the same, what has changed? There is
the honesty of values, the dignified and respectful treatment of
the subject matter and especially the people who might be involved.
In this respect Jurgen s photographs are extraordinarily sensitive.
"
This book analyses the implementation of global pharmaceutical
impact standards in the European risk regulation framework for
pharmaceuticals and questions its legitimacy. Global standards
increasingly shape the risk regulation law and policy in the
European Union and the area of pharmaceuticals is no exception to
this tendency. As this book shows, global pharmaceutical standards
set by the International Council for Harmonisation of Technical
Requirements for the Registration of Pharmaceuticals for Human Use
(ICH), after they are adopted through the European Medicines Agency
(EMA), are an important feature of the regulatory framework for
pharmaceuticals in the EU. In addition to analysing the influence
of these global standards in the EU legal and policy framework, the
book questions the legitimacy of the Union’s reliance on global
standards in terms of core administrative law principles of
participation, transparency and independence of expertise. It also
critically examines the accountability of the European Commission
and the European Medicines Agency as participants in the global
standard-setting and main implementation gateway of the global
pharmaceutical standards into the European Union.
A comprehensive socio-legal evaluation of the 2000 statutory
recognition procedure over ten years of its operation, in the
context of UK labour law, changing work relationships, the
dissipation of collective bargaining and union membership decline.
The authors of this volume consider how far it has provided a
template for the incursion of the law into industrial relations,
with voluntarism no longer a dominant model in UK industrial
relations, and how far it has encouraged a more limited form of
joint regulation. They also reflect on how the procedure has shaped
union strategies and on whether it creates the conditions for
worker mobilisation. The central trend has been the decline in
applications and whilst the design and operation of the procedure
may discourage unions from submitting claims and permit employers
to undermine the process, its impact is also influenced by union
capacity to generate cases, something defined by wider economic,
social and political relationships.
The purpose of this title is to identify nutritional needs and to
gather data universally acknowledged as being relevant and
beneficial for a species. Experience gained in the field of animal
nutrition and management over many years has been recorded. This
title will provide the reader with a knowledge of suitable feed
ingredients produced economically, and blended in the most
efficient manner.
Edward Snowden, Julian Assange, and Chelsea Manning are key figures
in the struggles playing out in our democracies over internet use,
state secrets, and mass surveillance in the age of terror. When not
decried as traitors, they are seen as whistle-blowers whose crucial
revelations are meant to denounce a problem or correct an
injustice. Yet, for Geoffroy de Lagasnerie, they are much more than
that. Snowden, Assange, and Manning are exemplars who have
reinvented an art of revolt. Consciously or not, they have
inaugurated a new form of political action and a new identity for
the political subject. Anonymity as practiced by WikiLeaks and the
flight and requests for asylum of Snowden and Assange break with
traditional forms of democratic protest. Yet we can hardly dismiss
them as acts of cowardice. Rather, as Lagasnerie suggests, such
solitary choices challenge us to question classic modes of
collective action, calling old conceptions of the state and
citizenship into question and inviting us to reformulate the
language of critical philosophy. In the process, he pays homage to
the actions and lives of these three figures.
In this pioneering volume, Howell addresses the extent to which
fictional characters are legally recognized and protected as
intellectual property. Through a judicious selection of cases
chosen for their bearing on the popular arts, the author reviews
the basic legal principles involved--copyright, trademark, unfair
competition, and contract law--and analyzes their applications to
fictional characters. In addition to tracing the evolution of the
law relating to the protection of fictional characters, Howell
explores the feasibility of isolating characters and protecting
them via stringent copyright and/or trademark laws, addresses
character merchandising and the associated legal issues, and
suggests legal reforms aimed at protecting the creator. Detailed
case information serves both to illustrate the legal principles and
actions discussed and to stand as a model for the proprietors of
future characters.
Divided into two major sections, the volume begins by offering a
comprehensive introduction to intellectual property law. Specific
topics addressed include basic concepts of property, statutory
protection of intellectual property, elements of an infringement
action, defenses to copyright infringement, unfair competition, and
the application of trademark principles to literary properties. In
the second section, Howell analyzes the extent to which the
fictional character is legally regarded as intellectual property.
She reviews situations in which copyright and trademark law have
been invoked to protect the creator of a fictional character,
examines cases involving such well-known characters as the Lone
Ranger, Superman, and the crew of the Starship Enterprise, and
presents an extended analysis of the case of Tarzan. Finally,
Howell considers whether right of publicity and merchandising offer
additional protection for fictional characters. In the concluding
chapter, she offers an analysis of copyright decisions and a
proposal for their reconciliation. Both practicing attorneys and
students of entertainment law will find Howell's work an important
contribution to the professional literature.
Written to support students through the challenges of the GDL or
CPE course, Introduction to Law for the CPE introduces
students to the landmark cases, the related key legal principles
and puts each legal rule in context within each of the seven
qualifying foundation subjects.
This book explores the effect of the judiciary on the incidence of
post-election violence by political actors across Africa and within
African countries. It examines how variation in judicial
independence can constrain or incentivize election violence among
democratizing states. Using case studies and cross-national
analysis, the book shows that variation in levels of judicial
independence from a non-independent judiciary to a
quasi-independent judiciary or from a fully independent judiciary
to quasi-independent judiciary increases the likelihood of
strategic use of post-election violence by non-state actors.
However, the likelihood of post-election violence is significantly
reduced in non-independent judiciaries or once countries'
judiciaries become fully independent. The author makes the
theoretical argument that, within unconsolidated states, non-state
actors that view the judiciary as semi-independent are more likely
to engage in post-election violence with the purpose of creating
political and professional uncertainty in order to influence
assertive behaviour from judges in disputed elections.
Consequently, the book argues that semi-independent judiciaries or
judiciaries that are neither fully controlled by the incumbent nor
fully independent from the incumbent can help explain post-election
violence among unconsolidated states, all else being equal. This
book will be of interest to scholars of election violence,
democratic politics, law and politics and African politics.
* Provides an overview of the Supreme Court-its establishment and
history, how it functions, how judges are selected, and its
importance in setting precedents. * Teaches readers how to read and
interpret the actual text of Supreme Court decisions. * Includes
useful pedagogy such as learning objectives, key terms and
definitions, critical thinking questions, websites for further
research, and multimedia resources.
* Provides an overview of the Supreme Court-its establishment and
history, how it functions, how judges are selected, and its
importance in setting precedents. * Teaches readers how to read and
interpret the actual text of Supreme Court decisions. * Includes
useful pedagogy such as learning objectives, key terms and
definitions, critical thinking questions, websites for further
research, and multimedia resources.
Regulation has been stimulated by industrialization and particularly by the advent of the consumer economy. The book draws on international scholarship in sociology, political science, law, and economics on the working and regulation, both public and private, in many areas of business to map the reality of regulation, and to identify why it sometimes fails and how it can succeed.
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