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Books > Law > Laws of other jurisdictions & general law > Social law
Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort. In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments. Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.
This book provides essential reading to anyone interested in projecting the future of either the forest products market and/or the forest resource conditions. It is aimed at policy makers, model builders, researchers and graduate students who are building or using forest sector models, as well as at forest industry managers and analysts. While focusing on a specific modeling system the US Timber Assessment models the authors highlight the general elements that might comprise a forest-sector market model of any country or region. Approaches to policy analysis are also general and equally applicable to both national and multi-national forest policy development outside the US particularly in relation to on-going efforts to formulate national programs of sustainable forestry. Darius Adams and Richard Haynes are widely recognized as leading experts in the forest sector modeling field.
Cultural Expertise, Law and Rights introduces readers to the theory and practice of cultural expertise in the resolution of conflicts and the claim of rights in diverse societies. Combining theory and case-studies of the use of cultural expertise in real situations, and in a great variety of fields, this is the first book to offer a comprehensive examination of the field of cultural expertise: its intellectual orientations, practical applications, and ethical implications. This book engages an extensive and interdisciplinary variety of topics - ranging from race, language, sexuality, Indigenous rights, and women's rights to immigration and asylum laws, international commercial arbitration, and criminal law. It also offers a truly global perspective covering cultural expertise in Africa, Asia, Australia, Europe, Latin America, Middle East and North America. Finally, the book offers theoretical and practical guidance for the ethical use of cultural expert knowledge. This is an essential volume for teachers and students in the social sciences - especially law, anthropology, and sociology - and members of the legal professions who engage in cross-cultural dispute resolution, asylum and migration, private international law, and other fields of law in which cultural arguments play a role.
Crime in TV, the News, and Film provides a fresh look at the interplay between criminal events and the media outlets that cover them. The authors' diverse backgrounds-- a criminologist researcher, a documentarian and media professor, a police officer, and a criminologist who is a former TV reporter-- allow for frank discussion. Combining field experience with criminological research, the book gives insight to the everyday media operations that can produce most people's views on crime and profoundly influence public opinion-- public opinion that often frames public policy. Viewers of crime dramas and consumers of news will gain a new understanding of the way their programs are produced. Readers will become more aware of the issues and biases that sometimes cloud perceptions of crime and criminals. Finally, both experts and scholars interested in the subject will improve their discernment of media stories and media depictions, shining a light on crime in a hazy field. This book can be used in the classroom for an array of courses in the fields of media and communications, criminology, sociology, and more.
It is widely claimed that we are facing a 'demographic time bomb' with an increasing older population and a decreasing working population. On the whole there are three conflicting attitudes in society towards older people. Firstly, there are those who see older people as a 'problem': how can we afford their care? Will the NHS be crippled by the expense of caring for older people? Secondly, there are those who are concerned by the maltreatment of older people: how can we protect older people from abuse? How can we be sure they are receiving adequate health care? Finally, there are those who argue that society is squandering the resources that older people can offer and seek ways to empower them to play a more active role in community life. These conflicting views of how to approach the 'problem' of older people are also reflected in the mixed response of the law. This book presents possible solutions to these problems and highlights the need not only to protect older people from abuse and poverty in order to ensure that they have a dignified old age, but also the need to empower older people to live their final years in an active and fulfilling way.
Bringing together a range of perspectives, this book establishes a criminology of the domestic, paying particular attention to emerging spatial and relational reconfigurations. We move beyond criminologies of public and urban domains to consider over-looked non-public locales, and crimes and harms that occur in the home and other private spaces. Developed in the context of the COVID-19 lockdowns, where distinctions between public and private became increasingly untenable, the book considers how the pandemic has accelerated new patterns of behaviour, enabled by technology and shifting social relations. Drawing on a range of criminological topics, including victimisation, offending, property and violent crime, consumption, deviance and leisure, and zemiology, the book argues that the domestic sphere, and its relation to the public realm, needs to be more carefully conceptualised if criminology is to respond to new spatial and relational dimensions of changing lifestyles. An accessible and compelling read, this book will appeal to students and scholars of criminology, sociology, politics, geography, history, gender, surveillance and security and all those interested in a criminology of the domestic sphere.
This book explores the practical and theoretical opportunities as well as the challenges raised by the expansion of transitional justice into new and 'aparadigmatic' cases. The book defines transitional justice as the pursuit of accountability, recognition and/or disruption and applies an actor-centric analysis focusing on justice actors' intentions of and responses to transitional justice. It offers a typology of different transitional justice contexts ranging from societies experiencing ongoing conflict to consolidated democracies, and includes chapters from all types of aparadigmatic contexts. This covers transitional justice in states with contested political authority, shared political authority, and consolidated political authority. The transitional justice initiatives explored by the wide range of contributors are those of Afghanistan, Belgium, France, Greenland/Denmark, Libya, Syria, Turkey/Kurdistan, UK/Iraq, US, and Yemen. Through these aparadigmatic case studies, the book develops a new framework that, appropriate to its expanding reach, allows us to understand the practice of transitional justice in a more context-sensitive, bottom-up, and actor-oriented way, which leaves room for the complexity and messiness of interventions on the ground. The book will appeal to scholars and practitioners in the broad field of transitional justice, as represented in law, criminology, politics, conflict studies and human rights.
This book discusses issues relating to the application of AI and computational modelling in criminal proceedings from a European perspective. Part one provides a definition of the topics. Rather than focusing on policing or prevention of crime - largely tackled by recent literature - it explores ways in which AI can affect the investigation and adjudication of crime. There are two main areas of application: the first is evidence gathering, which is addressed in Part two. This section examines how traditional evidentiary law is affected by both new ways of investigation - based on automated processes (often using machine learning) - and new kinds of evidence, automatically generated by AI instruments. Drawing on the comprehensive case law of the European Court of Human Rights, it also presents reflections on the reliability and, ultimately, the admissibility of such evidence. Part three investigates the second application area: judicial decision-making, providing an unbiased review of the meaning, benefits, and possible long-term effects of 'predictive justice' in the criminal field. It highlights the prediction of both violent behaviour, or recidivism, and future court decisions, based on precedents. Touching on the foundations of common law and civil law traditions, the book offers insights into the usefulness of 'prediction' in criminal proceedings.
Even though legal aid is available for people seeking asylum, there is uneven access to advice across Britain. Based on empirical research, this book offers fresh thinking on what has gone wrong in the legal aid market. It presents a rare picture of the barristers, solicitors and caseworkers practising immigration law in charities and private firms. In doing so, this book examines supply and demand and illuminates what constitutes high-quality legal aid work/provision, subsequent conflicts with financial rationality and how practitioners resolve these issues. Challenging existing legal aid policy, this book presents innovative insights to ensure public service markets around the globe function well for all those involved.
Through a comparative analysis involving 15 countries from around the world this book provides an invaluable assessment of women's equality at the global level. This book explores the constitutional protection of equality and women's rights in 15 countries drawn from Africa, America, Asia, and Europe. The work focuses on formal constitutional provisions as well as the substantial level of protection women's equality has achieved in the systems analysed. The investigations involve looking at the relevant gender-related legislation, the participation of women in the institutional arena, and the constitutional interpretation made by constitutional justice on gender issues. Furthermore, the book highlights women's contribution in their roles as judges, parliamentarians, activists and academics, thus increasing the visibility of women's participation in the public sphere. The work will be of interest to academics, researchers and policy-makers working in the areas of Constitutional Law, Human Rights Law and Women's and Gender Studies.
Climate Change and the Oceans investigates the effects of climate change on the ocean environment and its implications for maritime activities, both globally and within the Asia Pacific region. This detailed work draws together informed opinion from a range of disciplines to examine the impacts of climate change on marine and coastal areas and review legal and policy responses to the rapidly changing ocean environment. Issues including the effects on fisheries and marine biodiversity in the Asia Pacific region, maritime security, global shipping, marine jurisdiction and marine geo-engineering are also explored. Examining the multiple impacts of climate change on the oceans and ocean based solutions to mitigate the adverse impacts of climate change, this thought-provoking book will prove invaluable to academics, researchers and students in the fields of law, environment, ecology and political science. Oceans and marine environmental policymakers will also find this to be an essential resource. Contributors: A. Arsana, M. Haward, O. Hoegh-Guldberg, S. Kaye, R. Kenchington, L. Kirkendale, S. Palassis, C. Rahman, R. Rayfuse, A. Rubio, C. Schofield, R. Warner, P.C. Winberg
Authored by a legal specialist and an education professor, this study is targeted to everyone involved in the education of students with disabilities and provides a full examinatiaon of the legal issues. Each chapter blends classroom vignettes and teachable moments with relevant legal rights and responsibilities of all school personnel. Disability rights laws are an essential part of every classroom, not just special education classrooms. Laws providing rights and protections to students and teachers with disabilities will be limited in utility unless all teachers understand the laws and the roles of the laws in the classroom. As the number of lawsuits in education is on the rise, Teachers must learn about the numerous legal issues possible in order to protect themselves against becoming involved in court cases. Teacher preparation programs must prepare all teachers to deal with these issues and to be aware of legal requirements for an equal education. A legal mandate for an individual education plan, a less restrictive environment, and a free appropriate public education for students with disabilities are topics that all general education teachers must know and understand. This text is geared to all general education majors at all levels and in every content area, as well as administrators, teachers, parents of students with disabilities, and those involved in legal research.
Digital and social media companies such as Apple, Google, and Facebook grip the globe with market, civic, and political strength akin to large, sovereign states. Yet, these corporations are private entities. How should states and communities protect the individual rights of their citizens - or their national and local interests - while keeping pace with globalized digital companies? This scholarly compendium examines regulatory solutions which encourage content diversity and protect fundamental rights. The volume compares European and US regulatory approaches, including closer focus on topics such as privacy, copyright, and freedom of expression. Further, we propose pedagogical models for educating students on possible regulatory regimes of the future. Our final chapter invites readers to consider social and digital media regulation for both this generation and the ones to come. Chapter(s) "Introduction: New Paradigms of Media Regulation in a Transatlantic Perspective", "From News Diversity to News Quality: New Media Regulation Theoretical Issues" and "The Stakes and Threats of the Convergence Between Media and Telecommunication Industries" are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.
Having realized that its traditional mode of coordinating--essentially issuing regulation--no longer commands sufficient political support, the European Union (EU) has turned to what are increasingly referred to as 'new' modes of governance, which rely upon different actors working together in relatively non-hierarchical networks. This book provides the first extended account of how effective they are at addressing 'wicked' policy problems which simultaneously demand greater levels of horizontal and vertical coordination. Taking, as an example, the thirty year struggle to integrate environmental thinking into all areas and levels of EU policy making, it offers a stark reminder that networked governance is not and is unlikely ever to be a panacea. In doing so, it strips away some of the rhetorical claims made about the novelty and appeal of 'new' modes, to reveal a much more sober and realistic appraisal of their coordinating potential.
The book provides a detailed overview and analysis of important EU Internet regulatory challenges currently found in various key fields of law directly linked to the Internet such as information technology, consumer protection, personal data, e-commerce and copyright law. In addition, it aims to shed light on the content and importance of various pending legislative proposals in these fields, and of the Court of Justice of the European Union's recent case law in connection with solving the different problems encountered. The book focuses on challenging legal questions that have not been sufficiently analyzed, while also presenting original thinking in connection with the regulation of emerging legal questions. As such, it offers an excellent reference tool for researchers, policymakers, judges, practitioners and law students with a special interest in EU Internet law and regulation.
Critical Issues in Environmental Taxation provides valuable insights and analysis for legislators, policy makers and academics addressing the challenges of pursuing and achieving environmental goals through taxation policy. It contains pioneering and thought-provoking articles contributed by the world's leading environmental tax scholars representing various jurisdictions worldwide. Their aim is to ensure that by discussing and sharing environmental taxation issues that exist around the world, effective approaches used in one country may be considered and possibly implemented by governmental authorities in other countries. The articles published in this work are based on presentations at the Third Annual Global Conference on Environmental Taxation held in April 2002 in Woodstock, Vermont U.S.A.
This collection of brief essays by thought-leaders, scholars, activists, psychologists, and social scientists imagines new workplace structures and policies that promote decent and fair work for all members of society, especially those who are most vulnerable. The world of work has been deteriorating for decades and the very institution of work needs to be systematically understood, critiqued, reimagined, and rebuilt. This book offers thoughtful suggestions for new work arrangements, individual strategies for enhancing one's work life, and recommendations for innovative systemic and institutional reforms. The collection offers critical analyses in conjunction with constructive solutions on rebuilding work, providing direction and context for ongoing debates and policy discussions about work. The book will be of interest to activists, policy makers, management and leaders, scholars, professionals, students, and general readers interested work-based reform efforts and social change.
Risk is the single most prevalent and enduring factor that influences every individual, organization, and society. We often seek protection from negative risk events, but also seek to take advantage of opportunities arising from positive risk events. We may feel overwhelmed by messages encountered in daily interactions with media and society, contributing to a sense of ambiguity over how to act in response to risk-related information and misinformation. We seek to leverage evidence and reason to find our own balance between both positive and negative outcomes in an uncertain world. This ground-breaking book delivers practical concepts and tools that empower readers to leverage innovations in risk science to improve their abilities to interpret, assess, communicate, and handle risk. It provides a practical non-quantitative approach to understanding risk and to making better decisions involving risk. Think RISK covers several key themes in risk science: a) The main goals and strategies for understanding and managing risk b) How readers can inform their risk stances by considering their own individual values and mission c) The difference between risk and safety, and how that difference is critical for managing risk d) The role of psychological factors when understanding and managing risk e) The role of communication when understanding and managing risk, and f) The general importance and incentives for effectively understanding and managing risk. Written for business professionals in all private and public sectors, this book will also be relevant to non-business professionals such as medical practitioners and policymakers and would be an ideal fit for executive education and seminar-style courses in universities, corporate books clubs and training seminars. Because it's based on foundational and scientifically accepted ideas and principles, the book should remain relevant for many years.
Gathering an interdisciplinary range of cutting-edge scholars, this book addresses legal constitutions of value. Global value production and transnational value practices that rely on exploitation and extraction have left us with toxic commons and a damaged planet. Against this situation, the book examines law's fundamental role in institutions of value production and valuation. Utilising pathbreaking theoretical approaches, it problematizes mainstream efforts to redeem institutions of value production by recoupling them with progressive values. Aiming beyond radical critique, the book opens up the possibility of imagining and enacting new and different value practices. This wide-ranging and accessible book will appeal to international lawyers, socio-legal scholars, those working at the intersections of law and economy and others, in politics, economics, environmental studies and elsewhere, who are concerned with rethinking our current ideas of what has value, what does not, and whether and how value may be revalued.
The effects of COVID-19 are visited disproportionately on the already disadvantaged. This important text maps out ways in which those already disadvantaged have been affected by legal responses to COVID-19. Contributors tackle issues including virtual trials, adult social care, racism, tax and spending, education and more. They reflect on the implications of COVID-19 and express concerns with policy and practice developments and with the neutral version of the law and the economy which has taken root. Drawing on diverse resources, this text offers an account of the damage caused by legal responses to the pandemic and demonstrates how the future response can be positive and productive.
This book provides an exhaustive presentation of all decisions in special education cases brought under the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act hear by the U. S. Court of Appeals for 2020, presented by circuit. The book reviews all policy documents related to the education of students with disabilities issued by the US Department of Education. This will include Dear Colleague Letters, question and answer documents, and published letters to specific individuals. This book will provide a guide on how to read a case, a description of how a special education case progresses through the administrative and judicial system, the legal importance of policy documents, and websites for follow-up research related to special education law. If there is any major federal legislation during the year (e.g., reauthorization of the IDEA, restraint and exclusion legislation) that will also be addressed in this book. This book will be the comprehensive summary of the year in special education law, and will provide important information to graduate students in education, education administrators, teachers, and practicing attorneys regarding appropriate educational practices for students with disabilities. Additionally, we will follow each section on case law and policy implications for educators. We will be including figures, tables, & checklists.
Estimating the Human Cost of Transportation Accidents: Methodologies and Policy Implications discusses the estimation methods needed to determine the monetary value of loss of life and quality of life when evaluating transportation safety programs, policies and projects. In addition, it highlights how to overcome the many challenges researchers face in choosing the right values, including estimating loss of life and life quality, examining strengths and weaknesses, and critically analyzing social costs and implications. This book will allow researchers to better formulate accurate social costs, select safety improvement values, and understand limitations. |
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