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David Boonin presents a new account of the non-identity problem: a puzzle about our obligations to people who do not yet exist. Our actions sometimes have an effect not only on the quality of life that people will enjoy in the future, but on which particular people will exist in the future to enjoy it. In cases where this is so, the combination of certain assumptions that most people seem to accept can yield conclusions that most people seem to reject. The non-identity problem has important implications both for ethical theory and for a number of topics in applied ethics, including controversial issues in bioethics, environmental ethics and disability ethics. It has been the subject of a great deal of discussion for nearly four decades, but this is the first book-length study devoted exclusively to its examination. Boonin begins by explaining what the problem is, why the problem matters, and what criteria a solution to the problem must satisfy in order to count as a successful one. He then provides a critical survey of the solutions to the problem that have thus far been proposed in the sizeable literature that the problem has generated and concludes by developing and defending an unorthodox alternative solution, one that differs fundamentally from virtually every other available approach.
The Geneva Conventions are the best-known and longest-established laws governing warfare, but what difference do they make to how states engage in armed conflict? Since the start of the "War on Terror" with 9/11, these protocols have increasingly been incorporated into public discussion. We have entered an era where contemporary wars often involve terrorism and guerrilla tactics, but how have the rules that were designed for more conventional forms of interstate violence adjusted? Do the Geneva Conventions Matter? provides a rich, comparative analysis of the laws that govern warfare and a more specific investigation relating to state practice. Matthew Evangelista and Nina Tannenwald convey the extent and conditions that symbolic or "ritual" compliance translates into actual compliance on the battlefield by looking at important studies across history. To name a few, they navigate through the Algerian War for independence from France in the 1950s and 1960s; the US wars in Korea, Vietnam, Iraq, and Afghanistan; Iranian and Israeli approaches to the laws of war; and the legal obligations of private security firms and peacekeeping forces. Thoroughly researched, this work adds to the law and society literature in sociology, the constructivist literature in international relations, and legal scholarship on "internalization." Do the Geneva Conventions Matter? gives insight into how the Geneva regime has constrained guerrilla warfare and terrorism and the factors that affect protect human rights in wartime.
This book describes and analyses the relevant aspects of civil marriage
and its dissolution in Namibia within the contextual framework of the
common law, statute law and case law.
The only book of its kind, Introduction to South Pacific Law provides an overview of law in Pacific Island countries and in Papua New Guinea. It sets out the framework of South Pacific legal systems and also describes the substantive law on a broad range of topics.Examining both State laws and customary laws, the book highlights common patterns and explains some of the principal differences between the laws and legal systems of the countries of the region.The introductory chapter looks at the development of South Pacific law and at South Pacific jurisprudence. Individual chapters are devoted to State laws, customary laws, constitutional law, administrative law, criminal law, family law, contract law, torts law, land law and court systems. The book makes extensive reference to legislative provisions and case law of individual jurisdictions.Including a discussion of recent changes in the law, this new edition of Introduction to South Pacific Law is a useful and up-to-date resource for all those interested in the law of the region.JENNIFER CORRIN is Professor Emerita at The University of Queensland. She is an academic and consultant on law reform and development in plural legal regimes and legal issues affecting small States. Before joining The University of Queensland, she spent five years at the University of the South Pacific, having joined the Faculty after nine years in her own legal firm in Solomon Islands. She is author of Contract Law in the South Pacific (now in its second edition) and co-author of Courts and Civil Procedure in the South Pacific. She is co-editor of Legal Systems of the Pacific.JUSTICE DR VERGIL NAROKOBI is a Judge of the National Court and Supreme Court of Papua New Guinea. Prior to his appointment as a judge in 2020, he was Legal Counsel at the Ombudsman Commission of Papua New Guinea and President of the Papua New Guinea Law Society. His PhD from Victoria University of Wellington examined the implementation of Papua New Guineas national goals and directive principles and basic social obligations. He also holds an LLM from the University of Cambridge.
There are currently over 100 stateless nations pressing for greater
self-determination around the globe. The vast majority of these
groups will never achieve independence. Many groups will receive
some accommodation over self-determination, many will engage in
civil war over self-determination, and in many cases, internecine
violence will plague these groups. This book examines the dynamic
internal politics of states and self-determination groups. The
internal structure and political dynamics of states and
self-determination groups significantly affect information and
credibility problems faced by these actors, as well as the
incentives and opportunities for states to pursue partial
accommodation of these groups.
China s legal system is vast and complex, and robust scholarship on
the subject is difficult to obtain. Inside China s Legal System
provides readers with a comprehensive look at the system including
how it works in practice, theoretical and historical underpinnings,
and how it might evolve. The first section of the book explains the
Communist Party s utilitarian approach to law: rule by law. The
second section discusses Confucian and Legalist views on morality,
law and punishment, and the influence such traditional Chinese
thinking has on contemporary Chinese law. The third section focuses
on the roles of key players (including judges, prosecutors,
lawyers, and legal academics) in the Chinese legal system. The
fourth section offers Chinese legal case studies in civil,
criminal, administrative, and international law. The book concludes
with a comparison of China s fundamental governing and legal
principles with those of the United States, in such areas as checks
and balances, separation of powers, and due process.
International Economic Law (southern) African perspectives and
priorities is the first book dedicated to examining international
economic law from a (southern) African perspective. This field of law
profoundly affects African countries’ (and, indeed, every individual
country’s) sustainable development and aspirations for economic growth.
EU Asylum and Immigration Law examines in detail the EU legislation and case law on the issues of immigration, asylum, visas and border controls, discussing the impact and ongoing development of EU law in these complex and controversial areas. The updated edition particularly covers new EU legislation, case law, and operational developments since 2010 on: internal border checks; external border controls; visa lists; litigation to obtain a visa; the Schengen Information System; the Visa Information System; family reunion; non-EU students; long-term residents; all aspects of refugee law (including the definition of 'refugee' and subsidiarity protection, the rights of asylum-seekers, and Member States' responsibility for asylum-seekers); and irregular migrants' rights. It also covers the institutional framework for these issues, the related human rights aspects, and the connections with other areas of EU law, like the free movement of EU citizens. Steve Peers' seminal text on the justice and home affairs law of the European Union appears in its fourth edition and is now available in two separate volumes covering asylum and immigration law, and criminal law, policing, and civil law, and as a two-volume set. It provides a detailed examination of EU legislation and case law on the issues of immigration, asylum, visas, border controls, and police and criminal law cooperation, discussing the impact and ongoing development of EU law. This edition is the definitive guide to these intricate, contentious, and fast-developing areas of EU law, and will be invaluable to scholars, practitioners, and students in the field.
This volume addresses, in a broad comparative perspective, the constitutional development of the countries of Central-Eastern, Baltic and Balkan Europe. Through an in-depth historical and political analysis, the co-authors examine the most recent constitutional dynamics of these countries, focusing in particular on the path followed after the collapse of their respective socialist regimes. A large number of countries is examined which demonstrates the complexity of this area in terms of state-building. The authors analyse in detail the various constitutions, with a focus on the debate that took place in the constituent assemblies and the influence of European democratic conditionality. The authors also examine the respective bills of rights especially with regard to their enforcement and protection. Finally, it should be noted that systems of government, territorial decentralization and constitutional justice are also the object of attention.
This accessible textbook provides an introductory guide to tort law, with a structured explanation of the key concepts and doctrines. Using a comparative approach, the discussion is illustrated with case law and provisions from three key jurisdictions: England, France and Germany. With liberal reference to other codes and cases from around the world, the book gives readers a contextual understanding and will appeal to classes with a global outlook. Key Features: Examples of different solutions show how tort law is implemented in a variety of jurisdictions Direct comparison of legal systems helps readers to match different kinds of property or damage in civil and common law systems Translated provisions from codes and statutes facilitate access to the systems of French and German law in particular Clarification of corresponding concepts and terminology, as well as guidelines and examples to help readers find their way in a legal environment that is not restricted to a single jurisdiction Introductory guidance to tort law systems outside Europe Providing readers with a working knowledge of major tort law systems as well as a greater understanding of the main concepts in tort law, this textbook will be an important resource for both undergraduate and postgraduate students.
This second edition of Extinctive Prescription aims to reflect the law as developed by judgments and statutory changes over a period of more than twenty years since the publication of the first edition. The principles of extinctive prescription have been scrutinised by the courts in numerous reported cases over this period, including prominent judgments of the Constitutional Court dealing with the justification for extinctive prescription, the concept of ‘debt’, and the knowledge requirement for prescription to begin to run. This edition also examines the principles governing the co-existence of the 1969 Prescription Act and prescription or time limitation provisions in other statutes, with reference to certain prominent examples. A new chapter 12 deals with procedure. Reported cases continue to illustrate the practical importance of extinctive prescription and the thorough analysis of theory and policy required for its application.
According to the Oral History Association, the term oral history refers to "a method of recording and preserving oral testimony" which results in a verbal document that is "made available in different forms to other users, researchers, and the public." Ordinarily such an academic process would seem to be far removed from legal challenges. Unfortunately this is not the case. While the field has not become a legal minefield, given its tremendous growth and increasing focus on contemporary topics, more legal troubles could well lie ahead if sound procedures are not put in place and periodically revisited. A Guide to Oral History and the Law is the definitive resource for all oral history practitioners. In clear, accessible language it thoroughly explains all of the major legal issues including legal release agreements, the protection of restricted interviews, the privacy torts (including defamation), copyright, the impact of the Internet, and the role of Institutional Review Boards (IRBs). The author accomplishes this by examining the most relevant court cases and citing examples of policies and procedures that oral history programs have used to avoid legal difficulties. Neuenschwander's central focus throughout the book is on prevention rather than litigation. He underscores this approach by strongly emphasizing how close adherence to the Oral History Association's Principles and Best Practices provides the best foundation for developing sound legal policies. The book also provides more than a dozen sample legal release agreements that are applicable to a wide variety of situations. This volume is an essential one for all oral historians regardless of their interviewing focus.
Safe navigation of the seas is of global importance. Sea lanes
provide vital connections for the growth of the global economy and
the wellbeing of people everywhere. The sea lanes are of particular
importance for the East Asian region, as most trade is undertaken
on the ocean. Booming economies in the region such as China and
Vietnam put more pressure on sea lanes, triggering concern for the
safety of navigation. Securing the Safety of Navigation in East
Asia identifies salient issues for academic debate, and further
explores those that have practical implications for the safety of
navigation in East Asia. Contemporary maritime security
concentrates on safe navigation and inhibiting transnational
crimes, including sea piracy and maritime terrorism. Maritime
environmental security and search and rescue at sea are also
important. Securing the Safety of Navigation in East Asia is
structured into four sections: the first part introduces the topic,
and looks at the safety of navigation and the search for a
cooperative mechanism. The second part considers the international
legal framework and its implications for East Asia. The third part
presents national perspectives on the safety of navigation, and fi
nally part four considers navigational issues in the South China
Sea.
More than 10.74 million people globally are detained in penal institutions. An estimated 40% to 90% of these detainees suffer from mental illness. This makes the prevalence of mental disorder in detainees extremely high compared with the general population (18% to 29%). As a consequence, defendants and detainees with mental illness are not 'yet another vulnerable group' that should be 'taken into account' in developing laws and policies On the contrary, they are a dominant force and therefore a factor that should shape our criminal justice systems. This edited volume provides insight into the causes of the current situation, the human rights implications and other problems that this situation generates and possible solutions and best practices. The volume comprises an introductory chapter that provides a broad introduction to the topic, seven thematic chapters addressing mental health and criminal justice from various disciplines and fourteen national chapters describing the situation in individual countries. In all these chapters a variety of questions is addressed: Should we at all put mentally ill offenders in prison? Can the human rights perspective and the interests of society perspective on this issue be united? And are mentally ill offenders the responsibility of the health department or of the justice department? This edited volume presents a thorough discussion on these and many more questions with a broader aim of contributing to a continuous effort to place the alarming situation of mentally ill offenders on the international agenda. Plus de 10,74 millions de personnes dans le monde sont detenues dans des etablissements penitentiaires. On estime que 40 a 90 % de ces detenus souffrent d'une maladie mentale. La prevalence des troubles mentaux chez les detenus est donc extremement elevee par rapport a la population generale (prevalence de 18 % a 29 %). Par consequent, les prevenus et les detenus souffrant de troubles mentaux ne constituent pas " un autre groupe vulnerable " qui devrait etre "pris en compte" lors de l'elaboration de lois et de politiques. Au contraire, ils constituent une force dominante, et donc un facteur qui devrait faconner nos systemes de justice penale. Ce volume edite donne un apercu des causes de la situation actuelle, des implications en matiere de droits de l'homme et des autres problemes que cette situation genere, ainsi que des solutions possibles et des meilleures pratiques. L'ouvrage comprend une introduction circonstanciee du sujet, sept chapitres thematiques abordant la sante mentale et la justice penale sous l'angle de diverses disciplines et quatorze chapitres nationaux decrivant la situation dans les differents pays. Diverses questions sont abordees dans chacun de ces chapitres, telles que : faut-il vraiment emprisonner les delinquants souffrant de troubles mentaux? Est-il possible de concilier la perspective des droits de l'homme et celle des interets de la societe sur cette question? Et: les delinquants souffrant de troubles mentaux relevent-ils de la responsabilite du ministere de la Sante ou du ministere de la Justice? Outre la presentation d'un debat approfondi sur ces questions et bien d'autres encore, cet ouvrage vise a contribuer a un effort continu pour inscrire la situation alarmante des malades mentaux a l'ordre du jour international.
Millington and Sutherland Williams on The Proceeds of Crime provides a definitive guide to all aspects of the law concerning the recovery of the proceeds of crime in England and Wales. It provides an easily navigable step-by-step approach that considers how the legislation is geared to ensuring that criminals do not benefit from their crimes financially, as well as detailed coverage of every stage of the confiscation process. This new edition has been fully updated to include all important legislative changes over the last three years, and covers all significant case law, including discussion on R v Waya The new edition incorporates in-depth coverage of the relevant legislation, with analysis of the Proceeds of Crime Act 2002 and reference to case law under both the Drug Trafficking Act 1994 and the Criminal Justice Act 1988, as well as the most recent amendments under the Crime and Courts Act 2013. The new edition contains carefully selected appendices, including extracts from the Proceeds of Crime Act 2002, and draft restraint, receivership and civil recovery orders.
The book shows that civil disobedience is generally more defensible than private conscientious objection. Part I explores the morality of conviction and conscience. Each of these concepts informs a distinct argument for civil disobedience. The conviction argument begins with the communicative principle of conscientiousness (CPC). According to the CPC, having a conscientious moral conviction means not just acting consistently with our beliefs and judging ourselves and others by a common moral standard. It also means not seeking to evade the consequences of our beliefs and being willing to communicate them to others. The conviction argument shows that, as a constrained, communicative practice, civil disobedience has a better claim than private objection does to the protections that liberal societies give to conscientious dissent. This view reverses the standard liberal picture which sees private 'conscientious' objection as a modest act of personal belief and civil disobedience as a strategic, undemocratic act whose costs are only sometimes worth bearing. The conscience argument is narrower and shows that genuinely morally responsive civil disobedience honours the best of our moral responsibilities and is protected by a duty-based moral right of conscience. Part II translates the conviction argument and conscience argument into two legal defences. The first is a demands-of-conviction defence. The second is a necessity defence. Both of these defences apply more readily to civil disobedience than to private disobedience. Part II also examines lawful punishment, showing that, even when punishment is justifiable, civil disobedients have a moral right not to be punished. Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series represents diverse traditions of thought but always with an emphasis on rigour and originality. It sets the standard in contemporary jurisprudence.
Employment Rights forms one volume of a quartet by the author, which together covers the entire field of labour law as it has developed in South Africa to date. This volume deals with relations between employers and employees from the commencement of employment to its termination, and highlights the drastic inroads which have been made on the managerial prerogative by legislation, in particular the Basic Conditions of Employment Act, the Labour Relations Act and the Employment Equity Act. The reader will find detailed discussion of the employment contract, unfair labour practices, unfair discrimination and affirmative action, unemployment insurance and skills development. The book is written in the clear and readable style for which the author has become acclaimed, and each topic is copiously illustrated with examples drawn from the case law.
Autonomy is one of the core concepts of legal and political thought, yet also one of the least understood. The prevailing theory of liberal individualism characterizes autonomy as independence, yet from a social perspective, this conception is glaringly inadequate. In this brilliantly innovative work, Jennifer Nedelsky claims that we must rethink our notion of autonomy, rejecting the usual vocabulary of control, boundaries, and individual rights. If we understand that we are fundamentally in relation to others, she argues, we will recognize that we become autonomous with others--with parents, teachers, employers, and the state. We should not therefore regard autonomy as merely a conceptual tool for assigning rights, but as a capacity that can be fostered or undermined throughout one's life through the relationships and the societal structures we inhabit. The political project thus should not only be to protect the individual from the state and keep the state out, but to use law to construct relations with the state that enhance autonomy. Law's Relations includes many concrete legal applications of her theory of relational autonomy, offering new insights into the debates over due process, judicial review, violence against women, and private versus public law
The Globalization of Health Care is the first book to offer a
comprehensive legal and ethical analysis of the most interesting
and broadest reaching development in health care of the last twenty
years: its globalization. It ties together the manifestation of
this globalization in four related subject areas - medical tourism,
medical migration (the physician "brain drain"), telemedicine, and
pharmaceutical research and development, and integrates them in a
philosophical discussion of issues of justice and equity relating
to the globalization of health care.
This is the definitive book on the legal and fiscal framework for
civil society organizations (CSOs) in China from earliest times to
the present day. Civil Society in China traces the ways in which
laws and regulations have shaped civil society over the 5,000 years
of China's history and looks at ways in which social and economic
history have affected the legal changes that have occurred over the
millennia.
How did the United States, a nation known for protecting the "right
to remain silent" become notorious for condoning and using
controversial tactics like water boarding and extraordinary
rendition to extract information? What forces determine the laws
that define acceptable interrogation techniques and how do they
shift so quickly from one extreme to another?
The Economics of Immigration summarizes the best social science studying the actual impact of immigration, which is found to be at odds with popular fears. Greater flows of immigration have the potential to substantially increase world income and reduce extreme poverty. Existing evidence indicates that immigration slightly enhances the wealth of natives born in destination countries while doing little to harm the job prospects or reduce the wages of most of the native-born population. Similarly, although a matter of debate, most credible scholarly estimates of the net fiscal impact of current migration find only small positive or negative impacts. Importantly, current generations of immigrants do not appear to be assimilating more slowly than prior waves. Although the range of debate on the consequences of immigration is much narrower in scholarly circles than in the general public, that does not mean that all social scientists agree on what a desirable immigration policy embodies. The second half of this book contains three chapters, each by a social scientist who is knowledgeable of the scholarship summarized in the first half of the book, which argue for very different policy immigration policies. One proposes to significantly cut current levels of immigration. Another suggests an auction market for immigration permits. The third proposes open borders. The final chapter surveys the policy opinions of other immigration experts and explores the factors that lead reasonable social scientists to disagree on matters of immigration policy.
Patently innovative provides a review of the importance of
traditional patent law and emerging linkage regulations for
pharmaceutical products on the global stage, with a focus on the
linkage regime in Canada. The primary focus is on how innovation in
the pharmaceutical sector can be strongly regulated and how
government regulation can either stimulate or inhibit development
of breakthrough products.
Property in Minerals and Petroleum is the first major academic text to analyse the state-custodianship concept in South African law with emphasis on its application in mineral and petroleum law. As such, the book seeks to stimulate academic discourse about the impact of the incorporation of state custodianship in this field of law. The book considers the nature of mineral and petroleum rights in a state-custodianship model within a constitutional context. It clarifies the institutional regime change that lead to the regulatory context in which such rights now can be acquired, transferred or lost. The first chapter of Property in Minerals and Petroleum focuses on the constitutional imperatives for reform in mineral and petroleum law, and on the changing concepts of property and landownership that paved the way for transformation. Further chapters evaluate the pre-2004 mineral and petroleum law dispensation and address the current dispensation under the Mineral and Petroleum Resources Development Act (MPRDA). The section on the MPRDA focuses on the aims and objectives of the Act; the notion of state custodianship and its impact on existing property law; the meaning of the terms `mineral' and `petroleum'; the nature, content and regulation of rights to minerals and petroleum; the acquisition, transfer and termination of such rights; and various miscellaneous aspects that straddle existing property law principles and the regulation of minerals and petroleum. |
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