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Books > Law > Laws of other jurisdictions & general law > Social law
This book gathers scientific contributions on comprehensive approaches to personalized medicine. In a systematic and clear manner, it provides extensive information on the methodological, technological, and clinical aspects of high-throughput analytics, nanotechnology approaches, microbiota/human interactions, in-vitro fertilization and preimplantation, and various diseases like cancer.Moreover, the book analyzes the social and legal aspects of social security systems, healthcare systems and EU law - e.g. the role of solidarity, regulatory possibilities and obstacles, justice and equality, privacy/disclosure of data, and the right to know - from an interdisciplinary perspective. Lastly, it explores the economical and ethical context in the fields of business models, intellectual property issues, the patient/physician relationship, and price discrimination.
This book discusses feature films that enrich our understanding of doctor-patient dilemmas. The book comprises general clinical ethics themes and principles and is written in accessible language. Each theme is discussed and illuminated in chapters devoted to a particular film. Chapters start with a discussion of the film itself, which shares details behind the making of the film; box-office and critical reception; casting; and other facts about production. The chapter then situates the film in a history of medicine and medical sociology context before it delves into the clinical ethics issues in the film, and how to use it as a teaching aid for clinical ethics. Readers will understand how each film in this collection served to bring particular clinical ethics issues to the public's attention or reflected medico-legal issues that were part of the public discourse. The book is a perfect instructor's guide for anyone teaching bioethics, healthcare ethics, medical sociology, medical history, healthcare systems, narrative medicine, or nursing ethics.
The creative industries are becoming of increasing important from economic, cultural, and social perspectives. This Handbook explores the relationship, whether positive or negative, between creative industries and intellectual property (IP) rights. Distinguished international contributors reflect on the diverse policy approaches from across the world, taking into consideration a broad spectrum of economic and philosophical stances. In doing so, the topical chapters offer a global exploration of a wide breadth of issues, including sector-specific examples ranging from museums to traditional knowledge and artificial intelligence to enforcement and new business models. Intriguingly, this Handbook also looks forward to future challenges and developments regarding the role of IP in creative industries. Delivering fresh and challenging perspectives on the rich and important relationship between IP and the creative industries, this Handbook will be vital reading for scholars of IP. It will also be an important reference for advisors to, policymakers for, and funders of the creative industries, as well as activists challenging the power of IP. Contributors include: H. Berthold, A.E. Brown Abbe, R. Burt, I. Calboli, S. Chillas, S. Collins, J. Cornwell, C. Davies, K. Erickson, S. Frankel, N. Gervassis, M. Grewar, A. Guadamuz, V. Hafstein, C. Handke, J. Hartley, E. Kakiuchi, A. Keshet, S. Kheria, G.N. Mandel, R. Mukonoweshuro, E. Nwauche, M. Pavis, J. Reda, N. Rizk, A. Sabiescu, P. Schlesinger, N. Searle, J. Stapleton, S. Teilmann-Lock, B. Townley, C. Waelde, S. Whatley, H.K. Yilmaztekin, R.I. Yudhishthir
This book utilizes critical discourse analysis to illuminate the ways in which one of the largest agribusinesses in operation, Tyson Foods, disguises their actions whilst simultaneously presenting the image of a benign, good corporate citizen. Schally unveils how the discourses employed by Tyson gain legitimacy by drawing on and aligning with larger cultural discourses that are often taken for granted and not adequately scrutinised. This original research, situated at the intersection of green and cultural criminologies, contributes to these current perspectives as well as to the burgeoning social harm approach within criminology. A bold and engaging study, this book will be indispensable for students and scholars of green criminology, corporate crime, animals and society, and environmental sociology, as well as environmental and animal rights activists.
This book addresses the impact of a range of destabilising issues on minority rights in Europe and North America. It brings together scholars from a range of disciplines This book will appeal to those with interests in minority rights, human rights, nationalism, law, and politics.
Who are the perpetrators of modern slavery? Why do they exploit others? What might be done to stop exploitation recurring? These are the questions answered in this book. Reporting on the first primary study of modern slavery offenders, the book depicts the findings of in-depth interviews with people accused of, and convicted for, committing modern slavery offences. The different forms that modern slavery takes are explained chapter by chapter: organized crime, people smuggling, labour exploitation, domestic servitude, sham marriage, the trafficking of adults for sexual exploitation and child sex trafficking. Using case studies to illuminate the perspectives of those deemed perpetrators, we show that few modern slavery offenders conform to stereotypes of people traffickers. Through an interpretive analysis of offenders' life stories, we reveal the points in the past and present where interventions could have prevented victims from becoming trapped in exploitation. We show that while national governments and international bodies often appear resolute in their efforts to tackle modern slavery and people trafficking, they have also obscured their own roles in compounding the plights of those at the sharp ends of globalization. In racializing the actions of sex traffickers, grooming gangs, and organized criminals, the modern slavery agenda has mystified the roles market dynamics, the absence of workers' rights, and immigration controls play in generating vulnerabilities to exploitation. This book will be of interest to a wide range of students, policymakers and practitioners concerned with modern slavery, human trafficking, border control and immigration, globalization and inequality, as well as the more disciplinefocused criminological audiences concerned with why people commit crimes, what should be done about them and the, often paradoxical, consequences of social control across borders. Given the book's strong focus on narrative, psychosocial and social network methodologies, it will also appeal to audiences across the social sciences concerned with applying these novel approaches to difficult to reach populations.
Environmental laws and regulations are extremely complex and difficult to understand. In order to comply with them, they need to be explained in layperson's terms. This handbook identifies many changes in regulations and recommends ways to apply and implement them. Containing the latest environmental information, this volume addresses environmental compliance with air and provides a historical perspective to help follow the logical growth and increased complexity of air regulations through time. Structured as a "step-by-step how-to" book, readers will find real-life examples for the most important aspects of language, permit terms, demonstrating compliance, and organization for air projects. Features: Identifies all air pollution control regulations and the requirements of any air pollution control permits available up to date. Answers in depth all practical questions that arise when working on compliance projects in a "how to" method. Addresses a wider spectrum of issues that go beyond chemical-based contamination and environmental regulations and examines the impacts of climate change Includes many real-life examples from industry and institutions that comply with air quality regulations and air pollution control permits It is global in coverage and very useful to companies that have expanded operations outside their country of origin.
1. Explores all sustainability related concepts and regulations and the requirements of any control permits available up to date. 2. Answers in depth all practical questions that arise when working on compliance projects for future requirements. 3. Addresses a wider spectrum of sustainability issues that go beyond chemical-based contamination and environmental regulations and examines the impacts of climate change. 4. Includes many real-life examples and case studies from industry and institutions that comply with sustainability regulations. 5. It is global in coverage and very useful to companies that plan to expand operations outside their country and are interested in future regulations.
In-depth study of the origins and the trajectories of the law governing social policies in the Global South: Brazil, China, India, and South Africa. Adds a new dimension to the existing accounts on welfare state building which, so far, are dominated by European narratives and by scholars with a background in sociology, political science, and development studies. Will be of interest to scholars and students as well as political actors in the fields of comparative and international social security law, human rights law, comparative constitutional law, constitutional history, law and development studies, comparative social policies, global social policies, social work, and welfare state theory.
This book brings together the findings of a multi-disciplinary and international research project on environmental crime in Europe, funded by the European Union (EU). "European Union Action to Fight Environmental Crime" (EFFACE) was a 40-month research project that included eleven European research institutions and think tanks and was led by Ecologic Institute Berlin. EFFACE assessed the impacts of environmental crime as well as effective and feasible policy options for combating it from a multidisciplinary perspective, with a focus on the EU. As part of this project, numerous instances of environmental crime within and outside of the EU were studied and are now presented in this volume. This edited collection is highly innovative in showing not only the many facets of environmental crime, but also how it should be conceptualised and the consequences. An original and rigorous study, this book will be of particular interest to policy makers and scholars of green criminology and environmental studies.
Social law and policy have been moving increasingly into the mainstream of the European Union. In recent years there have been important changes to the Treaty framework for enacting social policy,bringing the role of the social partners to the fore. New Treaty provisions for adopting discrimination legislation have highlighted the potential role of the EU in combatting aspects of social exclusion, and in challenging disturbing phenomena such as racism and xenophobia. Social policy is increasingly linked to the emerging notion of Union citizenship. The arrival of the single currency in 1999 is now matched by a more pro-active EU-level policy on employment and the labour market. The analyses in this collection address these and other questions against the backdrop of the longstanding controversies over the nature and scope of EU social policy, including the UK's opt-out from certain provisions between 1993 and 1997, and the ongoing debate about whether EU social policy has, or should have, a social or an economic rationale.
This timely book examines the interaction of health research and regulation with law through empirical analysis and the application of key anthropological concepts to reveal the inner workings of human health research. Through ground-breaking empirical inquiry, Regulatory Stewardship of Health Research explores how research ethics committees (RECs) work in practice to both protect research participants and promote ethical research. This thought-provoking book provides new perspectives on the regulation of health research by demonstrating how RECs and other regulatory actors seek to fulfil these two functions by performing a role of 'regulatory stewardship'. This involves guiding researchers through stages of research approval, as well as seeking to maximise benefits for participants and society while minimising risks. Arguing that participant protection and research promotion should rightly be treated as twin objectives for health research regulators, this book asserts that there is a need for more overt recognition of the importance and function of the deliberative space in which RECs can negotiate the risks relevant to a research application. This book is a key resource for academics and students interested in health research and regulation, and the dynamic interaction of ethics and the law. Regulators and policy-makers will also find it to be an insightful and illuminating text for the practical insights that it reveals about research governance in action.
The Encyclopedia of Global Environmental Governance and Politics surveys the broad range of environmental and sustainability challenges in the emerging Anthropocene and scrutinizes available concepts, methodological tools, theories and approaches, as well as overlaps with adjunct fields of study. This comprehensive reference work, written by some of the most eminent academics in the field, contains 68 entries on numerous aspects across 7 thematic areas, including concepts and definitions; theories and methods; actors; institutions; issue-areas; cross-cutting questions; and overlaps with non-environmental fields. With this broad approach, the volume seeks to provide a pluralistic knowledge base of the research and practice of global environmental governance and politics in times of increased complexity and contestation. Providing its readers with a unique point of reference, as well as stimulus for further research, this Encyclopedia is an indispensable tool for anyone interested in the politics of the environment, particularly students, teachers and researchers. Contributors: K.W. Abbott, C. Adelle, L. Andonova, S. Andresen, W.F. Baber, K. Backstrand, R.V. Bartlett, I. Baud, S. Bauer, S. Beck, M. Beisheim, D. Benson, S. Bernstein, K. Biedenkopf, F. Biermann, K. Booth, U. Brand, P.-O. Busch, S. Chan, K. Chelminski, J. Clapp, D. Compagnon, D. Cordell, V. Cornelissen, E. Dellas, S. Dietz, R. Eckersley, R. Floyd, D.J. Frank, V. Galaz, K. Genskow, S. Godin-Beekman, A. Gupta, J. Gupta, R. Haluza-DeLay, A. Hironaka, M. Isailovic, M. Ivanova, A. Jerneck, K. Joensson, A. Jordan, S. Karlsson-Vinkhuyzen, M. Kok, A. Kronsell, M. Lang, S. Lim, J. Lister, K. Magyera, A. Mert, D. Moran, G. Nagtzaam, T. Nielsen, M. Nilsson, C. Okereke, T. Oliver, L. Olsson, P.H. Pattberg, J. Pinkse, A. Prakash, O. Renn, K. Rosendal, M.A.F. Ros-Tonen, D. Rothe, E. Schofer, B. Siebenhuner, N. Simon, J. Stel, H. Stevenson, O.S. Stokke, K. Szulecki, M.W.Tvedt, A. Underdal, T. Van de Graaf, D. Van Vuuren, P. Vellinga, P. Wapner, E. Weinthal, J. Wettestad, S. White, O. Widerberg, F. Zelli
This book examines the idea of a fundamental entitlement to health and healthcare from a human rights perspective. The volume is based on a particular conceptual reasoning that balances critical thinking and pragmatism in the context of a universal right to health. Thus, the primary focus of the book is the relationship or contrast between rights-based discourse/jurisprudential arguments and real-life healthcare contexts. The work sets out the constraints that are imposed on a universal right to health by practical realities such as economic hardship in countries, lack of appropriate governance, and lack of support for the implementation of this right through appropriate resource allocation. It queries the degree to which the existence of this legally enshrined right and its application in instruments such as the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Universal Declaration of Human Rights (UDHR) can be more than an ephemeral aspiration but can, actually, sustain, promote, and instil good practice. It further asks if social reality and the inequalities that present themselves therein impede the implementation of laudable human rights, particularly within marginalised communities and cadres of people. It deliberates on what states and global bodies do, or could do, in practical terms to ensure that such rights are moved beyond the aspirational and become attainable and implementable. Divided into three parts, the first analyses the notion of a universal inalienable right to health(care) from jurisprudential, anthropological, legal, and ethical perspectives. The second part considers the translation of international human rights norms into specific jurisdictional healthcare contexts. With a global perspective it includes countries with very different legal, economic, and social contexts. Finally, the third part summarises the lessons learnt and provides a pathway for future action. The book will be an invaluable resource for students, academics, and policymakers working in the areas of health law and policy, and international human rights law.
This collection brings together a carefully curated selection of researchers from law, sociology, anthropology, philosophy, history, social ontology and international relations, in order to examine how law and custom interact within specific material and spatial contexts. Normativity develops within these contexts, while also shaping them. This complex relationship exists within all physical places from traditional agrarian spaces to the modern shifting post-industrial workplace. The contributions gathered together in this volume explore numerous examples of such spaces from different disciplinary perspectives to interrogate the dynamic relationship between custom and law, and the material spaces they inhabit. While there are a dynamic series of conclusions regarding this relationship in different material realities, a common theme is pursued throughout: a proper understanding of law and custom stems from their material locatedness within the power dynamics of particular spaces, which, in turn, are reflexively shaped by that same normativity. The book thus generates an account of the locatedness of law and custom, and, indeed, of custom as a source of law. In this way, it provides a series of linked explorations of normative spaces, but, more fundamentally, it also furnishes a cross-disciplinary toolkit of concepts and critical tools for understanding law and custom, and their relationship. As the diversity of the contributors indicates, this book will be of great interest to legal theorists of different traditions, also legal historians and anthropologists, as well as sociologists, historians, geographers and developmental economists.
This book focuses on the neglected yet critical issue of how the global migration of millions of parents as low-waged migrant workers impacts the rights of their children under international human rights law. The work provides a systematic analysis and critique of how the restrictive features of policies governing temporary labour migration interfere with provisions of the Convention on the Rights of the Child that protect the child-parent relationship and parental role in children's lives. Combining social and legal research, it identifies both potential harms to children's well-being caused by prolonged child-parent separation and State duties to protect this relationship, which is deliberately disrupted by temporary labour migration policies. The book boldly argues that States benefitting from the labour of migrant workers share responsibility under international human rights law to mitigate harms to the children of these workers, including by supporting effective measures to maintain transnational child-parent relationships. It identifies measures to incorporate children's best interests into temporary labour migration policies, offering ways to reduce interferences with children's family rights. This book fills a gap that emerges at the intersection of child rights studies, migration research and existing literature on the purported nexus between labour migration and international development. It will be a valuable resource for academics, researchers and policymakers working in these areas. The Open Access version of this book, available at http://www.taylorfrancis.com/books/e/9781003028000, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license
This book focuses on analysing how legal systems set the terms for interactions between human beings and plants. The story that the book recounts is one of experimental lawmaking in Ecuador, a country where over the past decade, governmental officials and civil society advocates have attempted to reconfigure how human individuals and institutions relate to nature, by following an "eco-centric" approach to lawmaking. In doing so, Ecuadorian legislators, administrators, and judges have taken seriously the ontologies of non-human entities, including plants, through a process that has required the continuous navigation of tensions with certain "logics" that pervade conventional legal regimes. The book endeavours to disrupt these conventional assumptions and approaches to lawmaking by taking seriously alternative strategies to reconstitute interactions between people and plants. In doing so, the book argues in favour of an "ecological turn" in laws that govern vegetal life. The analysis is based on a close examination of the experiences that lawmakers in Ecuador have had when experimenting with innovative approaches to re-form relationships between human and non-human beings. Concretely, these experiments have yielded constitutional, legislative, and regulatory changes that inform the inquiry of how intellectual property and plant genetic resources laws - both in Ecuador and worldwide - could become more "ecological" in nature. The argument that the book develops is based on extensive ethnographic fieldwork and empirical research in Ecuador, complemented by archival and doctrinal legal analysis. The contents of the book will be of interest to an academic audience of legal scholars and postgraduate students in law, in addition to scholars and students in the fields of anthropology, sociology, socio-legal studies, and science and technology studies.
This edited volume offers a critical discussion of the trade-offs between transparency and secrecy in the actual political practice of democratic states in Europe. As such, it answers to a growing need to systematically analyse the problem of secrecy in governance in this political and geographical context. Focusing on topical cases and controversies in particular areas, the contributors reflect on the justification and limits of the use of secrecy in democratic governance, register the social, cultural, and historical factors that inform this process and explore the criteria used by European legislators and policy-makers, both at the national and supranational level, when balancing interests on the sides of transparency and secrecy, respectively. This book will be of key interest to scholars and students of security studies, political science, European politics/studies, law, history, political philosophy, public administration, intelligence studies, media and communication studies, and information technology sciences.
This book investigates how humanitarians balance the laws and principles of civilian protection with the realities of contemporary warzones, where non-state armed actors assert cultural, political and religious traditions that are often at odds with official frameworks. This book argues that humanitarian protection on the ground is driven not by official frameworks in the traditional sense, but by the relationships between the complex mix of actors involved in contemporary wars. The frameworks, in turn, act as a unifying narrative that preserves these relationships. As humanitarian practitioners navigate this complex space, they act as unofficial brokers, translating the official frameworks to align with the often-divergent agendas of non-state armed actors. In doing so, they provide an unofficial humanitarian fix for the challenges inherent in applying the official frameworks in contemporary wars. Drawing on rich ethnographic observations from the author's time in northern Iraq, and complemented by interviews with a range of fieldworkers and humanitarian policy makers and lawyers, this book will be a compelling read for researchers and students within humanitarian and development studies, and to practitioners and policy makers who are grappling with the contradictions this book explores.
Drawing on the Homeric epics, this multidisciplinary work reveals the cultural transformations which need to take place in order to transition from today's modern extractive agricultural system to a sustainable natural-systems agriculture. In order to provide an imaginative foundation on which to build such a cultural transformation, the author draws on the oldest and most pervasive pair of literary works in the Western canon: the Iliad and the Odyssey. He uses themes from those foundational literary works to critique the concept of state sovereignty and to explain how innovative federalism structures around the world already show momentum building toward changes in global environmental governance. The book proposes a dramatic expansion on those innovations, to create eco-states responsible for agroecological management. Drawing from many years of experience in international institutions, the author proposes a system of coordination by which an international agroecology-focused organization would simultaneously (i) avoid the shortcomings of the world's current family of powerful global institutions and (ii) help create and implement a reformed system of local landscape-based agriculture wholly consistent with ecological principles. Acknowledging the difficulty of achieving reforms such as these, the author suggests that a new cultural-conceptual narrative can be constructed drawing on values set forth 2,700 years ago in the Homeric epics. He explains how these values can be reimagined to drive forward our efforts in addressing today's the climate and agricultural crises in ways that reflect, not reject, the natural processes and relationships that make the Earth a living planet. This book will be of great interest to students, academics and policymakers addressing issues of agrarian values, environmental and agricultural law, environmental restoration, agroecology, and global institutional reform.
This innovative handbook provides a comprehensive, and truly global, overview of the main approaches and themes within law and society scholarship or social-legal studies. A one-volume introduction to academic resources and ideas that are relevant for today's debates on issues from reproductive justice to climate justice, food security, water conflicts, artificial intelligence, and global financial transactions, this handbook is divided into two sections. The first, 'Perspectives and Approaches', accessibly explains a variety of frameworks through which the relationship between law and society is addressed and understood, with emphasis on contemporary perspectives that are relatively new to many socio-legal scholars. Following the book's overall interest in social justice, the entries in this section of the book show how conceptual tools originate in, and help to illuminate, real-world issues. The second and largest section of the book (42 short well-written pieces) presents reflections on topics or areas concerning law, justice, and society that are inherently interdisciplinary and that are relevance to current - but also classical - struggles around justice. Informing readers about the lineage of ideas that are used or could be used today for research and activism, the book attends to the full range of local, national and transnational issues in law and society. The authors were carefully chosen to achieve a diverse and non-Eurocentric view of socio-legal studies. This volume will be invaluable for law students, those in inter-disciplinary programs such as law and society, justice studies and legal studies, and those with interests in law, but based in other social sciences. It will also appeal to general readers interested in questions of justice and rights, including activists and advocates around the world.
This book explores the methods through which international law and its associated innovative global governance mechanisms can strengthen, foster and scale up the impacts of treaty regimes and international law on the ability to implement global governance mechanisms. Examining these questions through the lens of the Sustainable Development Goals (SDGs), the book looks at environmental, social and economic treaty regimes. It analyses legal methodologies as well as comparative methods of assessing the relationship between the SDGs and treaty regimes and international law. Contradictions exist between international treaty regimes and principles of international law resulting in conflicting implementation of the treaty regimes and of global governance mechanisms. Without determining these areas of contest and highlighting their detrimental impacts, the SDGs and other efforts at global governance cannot maximize their legal and societal benefits. The book concludes by suggesting a path forward for the SDGs and for international treaty regimes that is forged in a solid understanding and application of the advantages of global governance mechanisms, including reflections from the COVID-19 pandemic experience. Addressing the strengths, gaps and weaknesses related to treaty regimes and global governance mechanisms, the book provides readers with a comprehensive understanding of this increasingly important topic. It will be of interest to students, researchers and practitioners with an interest in sustainability and law.
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.
The sole available comprehensive history of social law and the model of social welfare in Germany. The book explains the origins since the medieval times, but concentrates on the 19th and 20th centuries, especially on the introduction of the social insurance 1881-1889, of the expansion of the system in the Weimar Republic, under the Nazi-System and after World War II in the FRG and the GDR. The system of social welfare in Germany is one of the pillars of economic stability.
AIDS and the Sexuality of Law maps the relationship between sexuality and the law and science of AIDS as it evolved between 1985 and 1995. The book undertakes a close reading of case opinions from the federal appellate courts and argues that these scripts can be read productively through the interpretive lens of irony. Although these texts rely literally on the language of science to construct an appearance of managing HIV transmission risks, they depend figuratively on a sexual epistemology that relegates important fragments of information to the realm of the unknowable. Court cases examined in the book deal with adult businesses, the health care industry, and prisons. |
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