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Books > Law > Laws of other jurisdictions & general law > Social law
Qualitative Research Approaches for Psychotherapy offers the reader a range of current qualitative research approaches congruent with the values and practices of psychotherapy itself: experience-based, reflective, contextualized, and critical. This volume contains fourteen compelling, challenging new essays from authors in both the Northern and Southern hemispheres, writing from a range of theoretical and cultural perspectives. The book covers both established and emerging approaches to qualitative research in this field, beginning with case study, ending with postqualitative, and with hermeneutic, reflexive, psychosocial, Talanoa, queer, feminist, critical race theory, heuristic, grounded theory, authoethnographic, poetic and collaborative writing approaches in between. These chapters introduce and explore the complexity of the specific research approach, its assumptions, challenges, ethics, and potentials, including examples from the authors' own research, therapeutic practice, and life. The book is not a 'how to' guide to methods but, rather, a stimulus for psychotherapy researchers to think and feel their way differently into their research endeavours. This book will be an invaluable resource to postgraduate students, practitioners and established researchers in psychotherapy who are undertaking (or considering) qualitative research for their projects. It will also appeal to course tutors and trainers looking for a volume around which to structure a qualitative research methods course.
Environmental principles - from the polluter pays and precautionary principles to the principles of integration and sustainability - proliferate in domestic and international legal and policy discourse, reflecting key goals of environmental protection and sustainable development on which there is apparent political consensus. Environmental principles also have a high profile in environmental law, beyond their popularity as policy and political concepts, as ideas that might unify the subject and provide it with conceptual foundations or boost its delivery of environmental outcomes. However, environmental principles are elusive legal concepts. This book deepens the legal understanding of environmental principles in light of recent legal developments. It analyses the increasing legal effects of environmental principles in different jurisdictions and demonstrates how they are shaping and revealing innovative and evolving bodies of environmental law. This analysis is a step forward in understanding a key feature of modern environmental law and presents a robust methodology for dealing with novel legal concepts in the subject. It also makes a contribution to environmental policy debates and discussions internationally that rely heavily on environmental principles, including their supposed legal effects.
The United Nations Madrid International Plan of Action on Ageing (MIPAA) offers a bold new agenda for handling the issue of ageing in the 21st-century. It focuses on three priority areas: older persons and development; advancing health and well-being into old age; and ensuring enabling and supportive environments. This book brings together global perspectives on the MIPAA and focusses on and assesses the success and failures of governments to implement its recommendations. Despite its pivotal importance in international ageing policy, the MIPAA has been relatively neglected by academics in their writings and studies. This book mitigates this analytical and empirical cavity. Each chapter focuses on one specific geographical region and addresses five key themes: National ageing situation; Twenty years of MIPAA; Ensuring ageing with dignity; Healthy and active ageing in a sustainable world; and Priorities for the future. It presents an overall summary of the findings, future challenges and opportunities related to ageing, recommendations for future actions to be taken, and policy adjustments needed. The authors also present lessons that were learnt from managing the impact of COVID-19 on older people, together with an outlook on the most immediate priorities for the future so that the recommendations in the MIPAA are achieved in post-COVID-19 and sustainable ethical scenarios. An important contribution towards the advancement of ageing policy, the book will be indispensable to students and researchers of gerontology, ageing, and health. It will also be of interest to policy makers, geriatricians, dementia care specialists, social policy makers responsible for ensuring active and healthy ageing, and all public sector departments which have specific responsibilities towards improving the quality of life of older adults.
This collection presents a summary of current knowledge regarding autistic suspects, defendants and offenders in the criminal justice system of England and Wales. The volume examines the interaction between each stage of the criminal justice process and autistic individuals accused or convicted of crime, considering the problems, strengths, and possibilities for improving the system to better accommodate the needs of this vulnerable category of neurodiverse individuals. By explicating the core issues in this important but disparate area of study in a single place, the collection facilitates understanding of and engagement with knowledge for a wider audience of relevant stakeholders, including criminal justice practitioners, policy makers, academics and clinicians. It also incorporates key recommendations for improvement, thereby clarifying the urgent need for substantive change in policies and practices. The ultimate goal is to both improve the treatment and experience of autistic people subjected to criminal justice processes; and produce fairer, more appropriate systemic outcomes. While focused on the criminal justice system of England and Wales, the work will be valuable for researchers and policy-makers working in similar systems, as well as those interested in neurodiversity more generally.
How should disability justice be conceptualised, not by orthodox human rights or capabilities approaches, but by a legal philosophy that mirrors an African relational community ideal? This book develops the first comprehensive answer to this question through the contemporary literature on African philosophy, which is relied upon to construct a legal philosophy of disability justice comprising of ethical ideals of community, human relationships and obligations. From these ideals, an African legal philosophy of disability justice is offered as a criterion for critically evaluating existing laws, legal and political institutions, as well as providing an ethical basis for creating new ones to ensure that they are inclusive to people with disabilities. In taking an alternative perspective on the subject, the book outlines and emphasises the need for a new public culture of obligations owed to people with disabilities, highlighting both the prospects and difficulties of achieving the ideal of disability justice that continues to elude the lived experiences of millions of Africans today. Oche Onazi's An African Path to Disability Justice is the first book-length exploration of disability in the light of African ethics, as contrasted with the human rights and capabilities frameworks. Of particular interest are Onazi's thoughtful reflections on how various conceptions of community salient in African moral philosophy--including group-based, reciprocal and relational--bear on what we owe to the disabled. --Thaddeus Metz, Distinguished Professor, University of Johannesburg
`Hard on the heels of a recent surge in charity-law reforms around the world comes this comprehensive volume of analysis and caution by leading academics and practitioners from many of the countries undergoing change. This timely and essential resource will not only aid those jurisdictions where welcome modernization has occurred, but also provide guidance and lessons for policy makers and scholars in Australia's renewed push for reform - as well as in the United States, where serious debates are just starting.' - Evelyn Brody, Chicago-Kent College of Law and Reporter, American Law Institute's Project on Principles of the Law of Nonprofit Organizations, US In recent years the pressure for charity law reform has swept across the common law jurisdictions with differing results. Modernising Charity Law examines how the UK jurisdictions have enacted significant statutory reforms after many years of debate, whilst the federations of Canada and Australia seem merely to have intentions of reform. New Zealand and Singapore have begun their own reform journeys. This highly insightful book brings together perspectives from academics, regulators and practitioners from across the common law jurisdictions. The expert contributors consider the array of reforms to charity law and assess their relative successes. Particular attention is given to the controversial issues of expanded heads of charity, public benefit, religion, competition with business, government participation and regulation. The book concludes by challenging the very notion of charity as a foundation for societies which, faced by an array of global threats and the rising tide of human rights, must now also embrace the expanding notions of social capital, social entrepreneurism and civil society. This original and highly topical work will be a valuable resource for academics, regulators and legal practitioners as well as advanced and postgraduate students in law and public policy. Specialists in charity law, comparative law, and law and public policy should also not be without this important book.
This book is open access under a CC BY-NC 4.0 license. It explores the diverse phenomena which are challenging the international law of the sea today, using the unique perspective of a simultaneous analysis of the national, individual and common interests at stake. This perspective, which all the contributors bear in mind when treating their own topic, also constitutes a useful element in the effort to bring today's legal complexity and fragmentation to a homogenous vision of the sustainable use of the marine environment and of its resources, and also of the international and national response to maritime crimes.The volume analyzes the relevant legal frameworks and recent developments, focusing on the competing interests which have influenced State jurisdiction and other regulatory processes. An analysis of the competing interests and their developments allows us to identify actors and relevant legal and institutional contexts, retracing how and when these elements have changed over time.
In the past 10 years, the Member States of the European Union (EU) have intensified their exchange of information for the purposes of preventing and combating serious cross-border crime, as manifested in three main aspects. Firstly, there is a need to ensure the practical application of innovative principles (availability, mutual recognition) and concepts (Information Management Strategy, European Information Exchange Model) for tackling criminal organisations and networks that threaten the Internal Security of the EU. Secondly, there has been a gradual consolidation of EU agencies and bodies (Eurojust, Europol) aimed at promoting cooperation and dialogue among law enforcement officials and judicial authorities responsible for preventing and combating drug trafficking, trafficking in human beings, child pornography, and other serious trans-national offences. Thirdly, important EU information systems and databases (Prum, SIS-II, ECRIS) have been created, enabling law enforcement and judicial authorities to gain access to essential information on criminal phenomena and organisations. Pursuing a practice-orientated approach, this work provides comprehensive coverage of all these measures, as well as the applicable rules governing data quality, data protection and data security. It is especially intended for law enforcement and judicial authorities who need to develop the appropriate expertise for the practical application of the above-mentioned principles. It also offers a solid basis of practical training material for police training centres and judicial schools.
European memory institutions are repositories of a wealth of rare documents that record public domain content. These documents are often stored in 'dark-archives' to which members of the public are granted limited access, resulting in the public domain content recorded therein being relegated to a form of 'forgotten-knowledge'. Digitisation offers a means by which such public domain content can be made speedily and easily accessible to users around the world. For this reason, it has been hailed as the harbinger of a new 'digital renaissance'. This book examines the topical issue of the need to preserve exclusivity over digitised versions of rare documents recording public domain content. Based on data gathered through an empirical survey of digitisation projects undertaken by fourteen memory institutions in five European Union Member States, it argues for the introduction of exclusive rights in digitised versions of rare documents recording public domain textual content as a means of incentivising private-sector investment in the digitisation process. It concludes by presenting a detailed proposal for a European Union Regulation that would grant memory institutions a limited-term related right in digitised versions of rare documents held in their collections subject to stringent exceptions and limitations that are designed to safeguard user interests.
The effort to win federal copyright protection for dance choreography in the United States was a simultaneously racialized and gendered contest. Copyright and choreography, particularly as tied with whiteness, have a refractory history. This book examines the evolution of choreographic works from being federally non-copyrightable, unless they partook of dramatic or narrative structures, to becoming a category of works potentially copyrightable under the 1976 Copyright Act. Crucial to this evolution is the development of whiteness as status property, both as an aesthetic and cultural force and a legally accepted and protected form of property. The choreographic inheritances of Loie Fuller, George Balanchine, and Martha Graham are particularly important to map because these constitute crucial sites upon which negotiations on how to package bodies of both choreographers and dancers - as racialized, sexualized, nationalized, and classed - are staged, reflective of larger social, political, and cultural tensions.
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.
Just as China is called the world factory for manufactured goods, it is also a world factory for manufactured animal cruelty in a new phenomenon of globalized animal cruelty. Animals in China examines animal protection in China in its legal, social and cultural contexts.
Environmental crime is arguably the most vital and destructive crime of the 21st century, especially in the light of climate change and shifts in social, economic and ecological circumstances that will accompany global warming. The author takes an excitingly broad and refreshing approach to environmental crime and investigates a variety of topics including illegal fishing, poaching, wildlife crimes, animal abuse, climate change and ecocide as well as crimes related to waste, energy and contamination.
This book offers a comprehensive analysis of philosophical, social, ethical, and legal challenges arising as a consequences of current advances in neurosciences and neurotechnology. It starts by offering an overview of fundamental concepts such as mental privacy, personal autonomy, mental integrity, and responsibility, among others. In turn, it discusses the influence of possible misuses or uncontrolled uses of neurotechnology on those concepts, and, more in general, on human rights and equality. Then, it makes some original proposals to deal with the main ethical, legal, and social problems associated to the use of neurotechnology, both in medicine and in everyday life, suggesting possible policies to protect privacy, neural data, and intimacy. Crossing the borders between humanities, natural sciences, bio-medicine, and engineering, and taking into account geographical and cultural differences, this book offers a conceptual debate around policy and decision making concerning some of the key neuroethical challenges of our times. It offers a comprehensive guide to the most important issues of neurojustice and neuroprotection, together with a set of new paradigms to face some of the most urgent neuroethical problems of our times.
School Law for Public, Private, and Parochial Educators serves educators from all types of school systems in preservice or professional development. It is designed as an academic text for master's and doctoral level, and administrative licensure (postmaster's). Since educators often work in both the public and the private sector, this text prepares them for a career in either domain. This is a unique feature of the book, since school law books usually concentrate on either the public or the private domain. The following relevant issues in school law are covered: *The legal system *The federal and state role in education *Church-state relationships and accomodations *Attendance law *Instructional programs *Student rights *Teacher contracts, rights, and freedoms *Teacher negligence *Law for students with disabilities *Desegregation *Title IX To facilitate research efforts, the book provides case summaries, which include briefs, ramifications, and topics of interest at the end of each chapter. School Law for Public, Private, and Parochial Educators is a concise presentation of the constitutional, statutory, and case law knowledge necessary for the effective day-to-day operation of all types of school systems. Contemporary issues having a large impact on school law, such as the charter school movement, home schooling, public and private vouchers, common core, and the persistent evolution verses intelligent design controversy, are also included.
Through a green criminological perspective, Angus Nurse examines the contemporary reality of corporate environmental crime and illegal activities that have become normalized within many major corporations. Arguably this is an inevitable consequence of a corporate culture that prioritizes profits and the smooth operation of market activities over environmental concerns coupled with the increased political power of major corporations that can act almost with impunity and where problems do occur, can literally buy itself out of trouble. These same corporations are broadly perceived as being responsible actors. However, Nurse argues that corporate environmental offending is often deliberate and that corporations understand that they will often be allowed to continue with polluting and non-compliant behavior because the likely enforcement responses are fines and settlements rather than criminal prosecution. Using several case studies, Nurse explores biopiracy and the rights of indigenous peoples, the behavior of oil companies in African states, the regulation of corporate social responsibility and corporate environmental responsibility, an analysis of contemporary environmental legislation and the prosecution of environmental harm, and state-corporate crime and air pollution. Dealing with these problems requires a wider notion of crime and wrongdoing that directly engages with the types of environmental offending that represent a threat to human populations and non-human nature irrespective of whether these are defined as crime by justice systems.
It contributes to the field of posthumanism through its application of posthuman feminism to international law Interdisciplinary approach. Will appeal to students and scholars with interests in legal, feminist, and posthuman theory, as well as those concerned with the contemporary challenges faced by international law.
Interdisciplinary analysis of challenges and progress experienced by the LGBT community since the Stonewall riots. Brings together experts from politics, sociology, law, education, language, medicine and religion. Will be of interest to students and scholars exploring LGBT matters.
First published in 1974, The American Prison Business studies the lunacies, the delusions, and the bizarre inner workings of the American prison business. From the first demonstration that the penitentiary is an American invention that was initiated by the late eighteenth-century reformers, to the startling revelations, in the chapter called 'Cheaper than Chimpanzees' of how pharmaceutical companies lease prisoners as human guinea-pigs, every page stimulates and surprises the reader as Jessica Mitford describes, inter alia the chemical, surgical and psychiatric techniques used to help 'violent' prisoners to be 'reborn'; why businessmen tend to be more enthusiastic than the prisoners they employ in the 'rent-a-con' plan; and the Special Isolation Diet which tastes like inferior dog food. Jessica Mitford's financial analysis of the prison business is a scoop. Her hard-eyed examination of how parole really works is a revelation. As the prison abolition movement continues to gain momentum, this book will provide food for thought for legislators, officials and students of sociology, law, criminology, penology, and history.
First published in 1983, Prejudice and Pride chronicles legal and social discrimination against gay people living in Britain in 1980s. The book alerts its readers to the ways in which gay men and women were treated in our society and how discrimination in each area can be tackled. The book speaks to us all, providing a blueprint for action through the 1980s. While things today might be better, the book is a reminder that the struggle for equal rights was and will continue to be long and cumbersome. The book acknowledges the action and support of the Campaign for Homosexual Equality and will be of interest to students of history, sociology, law, gender studies and sexuality studies.
A trenchant analysis of how public education is being destroyed in overt and deceptive ways-and how to fight back "A powerful analysis of the predatory, profit-seeking forces that threaten our nation's public schools. . . . If you care about the future of our society, read this book." -Diane Ravitch, author of Slaying Goliath and Reign of Error In the "vigorous, well-informed" (Kirkus Reviews) A Wolf at the Schoolhouse Door, the co-hosts of the popular education podcast Have You Heard expose the potent network of conservative elected officials, advocacy groups, funders, and think tanks that are pushing a radical vision to do away with public education. "Cut[ing] through the rhetorical fog surrounding a host of free-market reforms and innovations" (Mike Rose), Jack Schneider and Jennifer Berkshire lay bare the dogma of privatization and reveal how it fits into the current context of right-wing political movements. A Wolf at the Schoolhouse Door "goes above and beyond the typical explanations" (SchoolPolicy.org), giving readers an up-close look at the policies-school vouchers, the war on teachers' unions, tax credit scholarships, virtual schools, and more-driving the movement's agenda. Called "well-researched, carefully argued, and alarming" by Library Journal, this smart, essential book has already incited a public reckoning on behalf of the millions of families served by the American educational system-and many more who stand to suffer from its unmaking. "Just as with good sci-fi," according to Jacobin, "the authors make a compelling case that, based on our current trajectory, a nightmare future is closer than we think."
Jewish copyright law is a rich body of copyright doctrine and jurisprudence that developed in parallel with Anglo-American and Continental European copyright laws and the printers' privileges that preceded them. Jewish copyright law traces its origins to a dispute adjudicated in 1550, over 150 years before modern copyright law is typically said to have emerged with the Statute of Anne of 1709. It continues to be applied today, notably in a rabbinic ruling outlawing pirated software, issued at Microsoft's request. In From Maimonides to Microsoft, Professors Netanel and Nimmer trace the development of Jewish copyright law by relaying the stories of five dramatic disputes, running from the sixteenth century to the present. They describe each dispute in its historical context and examine the rabbinic rulings that sought to resolve it. Remarkably, these disputes address some of the same issues that animate copyright jurisprudence today: Is copyright a property right or a limited regulatory prerogative? What is copyright's rationale? What is its scope? How can copyright be enforced against an infringer who is beyond the applicable legal authority's reach? This book introduces copyright scholars, students, and practitioners to an entirely new narrative and body of copyright jurisprudence. Presenting new material regarding the operation of the Jewish book trade and some of the leading disputes affecting it, Professors Netanel and Nimmer examine how copyright disputes arose from their respective historical contexts and, in turn, reverberated through Jewish life. From Maimonides to Microsoft examines how one area of Jewish law has developed in historical context and how Jewish copyright law compares with its Anglo-American and Continental European counterparts.
The size of Britain's homeless population has risen considerably since the introduction of the Housing (Homeless) Persons Act 1977. Recently, the Government announced plans radically to reform the existing legislation, a recognition of the political sensitivity of homelessness and the need for a coherent policy to tackle the problem. Housing the homeless is an issue which embraces housing, family and social security policy; it has also generated considerable interest for public lawyers, as the scope of discretionary powers provided by the Act has provoked a great deal of litigation in the High Court. In the original study the author presents a detailed empirical study of three local authorities implementation of the homelessness legislation. He focuses in particular on the processes of administrative decision-making at the lowest level, and reveals that `law' plays a very limited role in shaping administrative policy decisions. Placing law within a context of administrative action, the author illustrates how administrative law must be understood by reference to the complex institutional structures with which it is daily involved.
The exponential growth of disruptive technology is changing our world. The development of cloud computing, big data, the internet of things, artificial intelligence, machine learning, deep learning, and other related autonomous systems, such as self-driving vehicles, have triggered the emergence of new products and services. These significant technological breakthroughs have opened the door to new economic models such as the sharing and platform-based economy. As a result, companies are becoming increasingly data- and algorithm-driven, coming to be more like "decentralized platforms". New transaction or payment methods such as Bitcoin and Ethereum, based on trust-building systems using Blockchain, smart contracts, and other distributed ledger technology, also constitute an essential part of this new economic model. The sharing economy and digital platforms also include the everyday exchange of goods allowing individuals to commodify their surplus resources. Information and innovation technologies are used in order to then match these resources with existing demand in the market. Online platforms such as Airbnb, Uber, and Amazon reduce information asymmetry, increase the value of unused resources, and create new opportunities for collaboration and innovation. Moreover, the sharing economy is playing a major role in the transition from exclusive ownership of personal assets toward access-based exploitation of resources. The success of online matching platforms depends not only on the reduction of search costs but also on the trustworthiness of platform operators. From a legal perspective, the uncertainties triggered by the emergence of a new digital reality are particularly urgent. How should these tendencies be reflected in legal systems in each jurisdiction? This book collects a series of contributions by leading scholars in the newly emerging fields of sharing economy and Legal Tech. The aim of the book is to enrich legal debates on the social, economic, and political meaning of these cutting-edge technologies. The chapters presented in this edition attempt to answer some of these lingering questions from the perspective of diverse legal backgrounds.
The time has come to focus on teaching and learning that all American students deserve. Quality instruction that engages all students with thinking skills that create successful intelligence for the future of all students is offered throughout traditional public education in the US. But, an adult-centered perspective about schooling-free market theory-stands in the way of sustaining and improving the comprehensive teaching and learning offered by traditional public education. Traditional public education in the US is under attack. This book details the effects of this assault by the proponents of free market schooling and uses data-based research to fend off the attack. Key aspects of traditional public education that benefit all of America's students are compared with the adult-centric, exclusionary, intentions of choice schooling or privatization. The critical importance of traditional public education to the future of US democracy is explored. A primary purpose of traditional public education-how to think-and examples of quality day-to-day instruction are shared. On behalf of all US students, this book develops concepts including points of practice, function, and mediated identity. The value of comprehensive traditional public education deserves a vigorous defense and this book is written to provide it. |
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