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Books > Law > Laws of other jurisdictions & general law > Social law
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.
This book offers an examination of physician-assisted death, but it also extends the discussion to a broader range of end-of-life decisions including suicide, palliative care and sedation until death.
What kind of state emerges from the pandemic? The pandemic caused two crises, in biosecurity and in the economy. The state was forced to tackle both; but subduing one inevitably exacerbated the other. Emerging from the impossible task of handling two conflicting crises is a new form of state, the state to come. To outline the emerging state, this book offers an in-depth critical account of the state's responses to the biosecurity and the economic crises. It is thus the first study to address both crises ensuing from the pandemic, and to synthesise the responses to them in a comprehensive account of political power. Addressing biosecurity, the book deciphers its key modalities, epistemic premises, its law, the threat it aims to oppose and the ways in which it relates to public health and society - especially its extraordinary power to suspend society. Addressing the economic crisis, the book deciphers the actuality and prospects of both the economy and the state's economic policy. It claims that economic policy is now dual: it adopts countercyclical measures to serve and entrench a neoliberal economy. The responses to the twin crises inform the outline of the emerging state: its structure, logic and legality; its power and its relation to society. This is a state of extraordinary power; but its only purpose is to preserve the social order intact. It is a despotic state: powerful, and set to impose social stasis. This work offers ground-breaking analysis based on our pandemic experience. It is indispensable for critical scholars and students in Politics, Security Studies, Sociology, Law, Political Economy and Public Health.
Taking a multidisciplinary perspective (including public health, sociology, criminology, and political science amongst others) and using examples from across the globe, this book provides a detailed understanding of the complex and highly contested nature of drug policy, drug policy making, and the theoretical perspectives that inform the study of drug policy. It draws on four different theoretical perspectives: evidence-informed policy, policy process theories, democratic theory, and post-structural policy analysis. The use and trade in illegal drugs is a global phenomenon. It is viewed by governments as a significant social, legal, and health problem that shows no signs of abating. The key questions explored throughout this book are what governments and other bodies of social regulation should do about illicit drugs, including drug policies aimed at improving health and reducing harm, drug laws and regulation, and the role of research and values in policy development. Seeing policy formation as dynamic iterative interactions between actors, ideas, institutions, and networks of policy advocates, the book explores how policy problems are constructed and policy solutions selected, and how these processes intersect with research evidence and values. This then animates the call to democratise drug policy and bring about inclusive meaningful participation in policy development in order to provide the opportunity for better, more effective, and value-aligned drug policies. This book will be of great interest to students and scholars of drug policy from a number of disciplines, including public health, sociology, criminology, and political science.
This book explores the relevance of David Bowie's life and music for contemporary legal and cultural theory. Focusing on the artist and artworks of David Bowie, this book brings to life, in essay form, particular theoretical ideas, creative methodologies and ethical debates that have contemporary relevance within the fields of law, social theory, ethics and art. What unites the essays presented here is that they all point to a beyond law: to the fact that law is not enough, or to be more precise, too much, too much to bear. For those who, like Bowie, see art, creativity and love as what ought to be the central organising principles of life, law will not do. In the face of its certainties, its rigidities, and its conceits, these essays, through Bowie, call forth the monster who laughs at the law, celebrate inauthenticity as a deeper truth, explore the ethical limits of art, cut up the laws of writing and embrace that which is most antithetical to law, love. This original engagement with the limits of law will appeal to those working in legal theory, ethics and law and popular culture, as well as in art and cultural studies.
* One of the first books to address HMOs and licensing law in the wake of the 2016 Housing and Planning Act. * Deals with state of the art housing jurisprudence, including discussions of key current cases and how they interpret the law * Explores the weaknesses and limitations of the law, as well as competing interpretations to illustrate current debates.
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.
In September 2001, the world witnessed the horrific events of 9/11. A great deal has happened on the counterterrorist front in the 20 years since. While the terrorist threat has greatly diminished in Northern Ireland, the events of 9/11 and their aftermath have ushered in a new phase for the rest of the UK with some familiar, but also many novel, characteristics. This ambitious study takes stock of counterterrorism in Britain in this anniversary year. Assessing current challenges, and closely mirroring the 'four Ps' of the official CONTEST counterterrorist strategy - Protect, Prepare, Prevent, and Pursue - it seeks to summarize and grasp the essence of domestic law and policy, without being burdened by excessive technical detail. It also provides a rigorous, context-aware, illuminating, yet concise, accessible, and policy-relevant analysis of this important and controversial subject, grounded in relevant social science, policy studies, and legal scholarship. This book will be an important resource for students and scholars in law and social science, as well as human rights, terrorism, counterterrorism, security, and conflict studies.
Uncertain Risks Regulated compares various models of risk regulation in order to understand how these systems shape the relationship between law and science, and how they attempt to overcome public distrust in science-based decision-making. The book contributes to the ongoing debate relating to uncertainty and risks - and the difficulties faced by the European Union in particular - in regulating theses issues, taking account of both national and international constraints. The term 'uncertain risk' is comparable with notions of hazard and indeterminate risk, as deployed within the social sciences; but it also aims to capture the modern regulatory reality that a non-quantifiable hazard must still be addressed by society, law and its regulators. Decisions must be taken in the face of uncertainty. And, whilst it is not possible to provide clear cut models of risk regulation, in focusing on regulatory practices at a national, EU and international level, the contributors to this volume aim to use fact finding as a core instrument of learning for risk regulation.
It is important for anybody involved in sport and physical recreation to be aware of the legal context in which their activity takes place, to develop an understanding of their legal responsibilities and to know what might happen if something goes wrong. Sport, Physical Recreation and the Law is the first textbook on this difficult subject for students and practitioners in sport and physical recreation. Covering a wide range of legal principles and cases, this textbook introduces the reader to legal systems, terminology, databases and the use of case law. Designed to encourage analysis, reflection and the application of examples and ideas from the reader's own experience, the book clearly and comprehensively explains key topics such as: socio-legal aspects of sports violence and criminal liability negligence and defences against negligence manslaughter by individuals and organizations in sport principles of natural justice, disciplinary tribunals and doping discrimination, harassment and child protection risk management, statutory duties, and breaches of health and safety criminal liability - recognized sports, hazing, and cage fighting. Including over 300 exercises, hypothetical scenarios, investigative tasks and seminar activities, this book is an essential course text for all students of sport, recreation and the law, and an invaluable reference for coaches, physical education teachers and those who play, lead or organize sport and physical recreation.
Licensing law is a wide ranging , detailed and complex body of law within the UK. This book comes at a time when local authorities are required to consider and approve, or reject, applications for an increasing number and very wide range of licences. The book provides easy to read, and easy to follow procedures for a wide range of licences which local authorities and other public bodies are required by law to consider and issue. Each chapter addresses a distinct topic and the book includes guidance on local authority and court procedures. The main legal procedures used in the licensing field are presented as flow charts supported by explanatory text. Licensing professionals and students will find this essential reading. It will also be a valuable reference for all those whose responsibilities demand they keep abreast of current licensing practices.
This comprehensive yet accessible book offers an in-depth overview of the law relating to the Common Agricultural Policy (CAP). It explores both the initial objectives set out in the Treaty on the Functioning of the EU, and also those policies that have emerged as a result of the growth of competencies within the EU. Examining the four regulations that currently govern the CAP in the areas of direct payments, rural development, finance, and the common organisation of the markets, the author considers their interpretation in the case-law of the Court of Justice of the EU and the General Court. Throughout this insightful book, the European Commission's proposals for CAP reform are discussed and an astute assessment of their National Strategic Plans concludes that Member States would benefit from greater discretion in fine-tuning the principles of the policy established at European level to the particular characteristics of their national agricultural sector. Students and scholars of European law and agricultural law more specifically will find this book a structured and nuanced guide to existing and future policy at both EU and WTO levels. Policy makers and practitioners will also find its up to date treatment of the law a valuable reference.
This book investigates how sustainability informs the universal principles used in domestic and international law. It calls for the acceptance of sustainability as a recognized legal principle which could be applied to the entire legal system rather than just environmental law and regardless of its international or domestic levels. To this end, the book makes a contribution to a theory of global law by discussing whether, as a universally shared concern, environmental protection and the principle of sustainability should contribute to the 'greening' of the fundamental principles of law and governance. The book will be a valuable resource for students, researchers and policy makers working in the areas of environmental law and governance.
Transitional justice is the way societies that have experienced civil conflict or authoritarian rule and widespread violations of human rights deal with the experience. With its roots in law, transitional justice as an area of study crosses various fields in the social sciences. This book is written with this multi- and inter-disciplinary dynamic of the field in mind. The book presents the broad scope of transitional justice studies through a focus on the theory, mechanisms and debates in the area, covering such topics as: The origin, context and development of transitional justice Victims, victimology and transitional justice Prosecutions for abuses and gross violations of human rights Truth commissions Transitional justice and local justice Gender, political economy and transitional justice Apology, reconciliation and the politics of memory Offering a discussion of the impact and outcomes of transitional justice, this approach provides valuable insight for those who seek both an introduction alongside relatively advanced engagement with the subject. Transitional Justice: Theories, Mechanisms and Debates is an important text for postgraduate and advanced undergraduate students who take courses in transitional justice, human rights and criminal law, as well as a systematic reference text for researchers.
As our understanding of genetics increases, its application to criminal justice becomes more significant. This timely book examines the use of genetic information both in criminal investigations and during the trial process. It discusses current scientific understanding and considers some potential legal, ethical and sociological issues with the use of genetic information.The author draws together debates from scientists, ethicists, sociologists and lawyers in order to understand how the criminal justice system currently reacts, and ought to react, to the new challenges presented by genetic evidence. She asks the important question of where priorities should lie: whether with society's desire to be protected from crime, or with an individual's desire to be protected from an unwanted intrusion into his or her genome. Topics include rights of privacy and consent in obtaining DNA samples, evidentiary issues in court, the impact of genetic evidence on punishment theory and sentencing, and genetic discrimination. This book will be of use to criminal and medical law students, along with academics, practitioners and policymakers interested in exploring the various criminal law issues in relation to genetics. It will also be of interest to criminal justice, philosophy, ethics, sociology and psychology students and academics looking explore the legal issues involved in such a topic.
After the drop in the price of oil, the issue of a carbon tax to complement the EU emission trading scheme is coming back to the fore of political debate. In this volume on carbon pricing, the reader can find an excellent mix of economic theory and policy analysis. To anyone interested in this field, this collection of papers represents a very important contribution to an in-depth understanding of the main tools that can be used to successfully fight climate change.' - Alberto Majocchi, University of Pavia, ItalyCarbon Pricing reflects upon and further develops the ongoing and worthwhile global debate into how to design carbon pricing, as well as how to utilize the financial proceeds in the best possible way for society. The world has recently witnessed a significant downward adjustment in fossil fuel prices, which has negative implications for the future of our environment. In light of these negative developments, it is important to understand the benefits of environmental sustainability through well-documented research. This discerning book considers the design of carbon taxes and examines the consequential outcomes of different taxation compositions as regulatory instruments. Expert contributors assess a variety of national experiences to provide an empirical insight into the use of carbon taxes, emissions trading, energy taxes and excise taxes. The overarching discussion concludes that successful policies used by some countries can be implemented in other jurisdictions with minimum new research and experimentation. This astute work will benefit scholars, practitioners and policymakers alike with an interest in the fields of environmental law, environmental economics, sustainable development and taxation law. Contributors: B. Bahn-Walkowiak, J. Bruha, H. Bruhova-Foltynova, B. Butcher, M. Calaf Forn, N. Chalifour, S. Cheng, E. Croci, S. Elgie, E. Guglyuvatyy, M. Jofra Sora, C. Kettner, K. Kratena, E. Meyer, I. Meyer, S. Onoda, J. Papy, T.F. Pedersen, V. Pisa, I. Puig Ventosa, A. Ravazzi Douvan, M. Sargl, K. Schlegelmilch, M.W. Sommer, N.P. Stoianoff, P. ten Brink, W.E. Weishaar, H. Wilts, S. Withana, Sirini, G. Wittmann, A. Wolfsteiner
The commons theory, first articulated by Elinor Ostrom, is increasingly used as a framework to understand and rethink the management and governance of many kinds of shared resources. These resources can include natural and digital properties, cultural goods, knowledge and intellectual property, and housing and urban infrastructure, among many others. In a world of increasing scarcity and demand - from individuals, states, and markets - it is imperative to understand how best to induce cooperation among users of these resources in ways that advance sustainability, affordability, equity, and justice. This volume reflects this multifaceted and multidisciplinary field from a variety of perspectives, offering new applications and extensions of the commons theory, which is as diverse as the scholars who study it and is still developing in exciting ways.
Polar law describes the normative frameworks that govern the relationships between humans, States, Peoples, institutions, land and resources in the Arctic and the Antarctic. These two regions are superficially similar in terms of natural environmental conditions but the overarching frameworks that apply are fundamentally different. The Routledge Handbook of Polar Law explores the legal orders in the Arctic and Antarctic in a comparative perspective, identifying similarities as well as differences. It points to a distinct discipline of "Polar law" as the body of rules governing actors, spaces and institutions at the Poles. Four main features define the collection: the Arctic-Antarctic interface; the interaction between global, regional and domestic legal regimes; the rights of Indigenous Peoples; and the increasing importance of private law. While these broad themes have been addressed to varying extents elsewhere, the editors believe that this Handbook brings them together to create a comprehensive (if never exhaustive) account of what constitutes Polar law today. Leading scholars in public international and private law as well as experts in related fields come together to offer unique insights into polar law as a burgeoning discipline.
In the context of the technological disruption of law and, in particular, the prospect of governance by machines, this book reconsiders the demand that we should respect the law, simply because it is the law. What does 'the law' need to look like to justify our respect? Responding to this question, the book takes the form of a dialectic between, on the one side, the promise of the prospectus for law and, on the other, the discontent provoked by the performance of law in practice; this is followed by a synthesis. Four pictures of law are considered: two are traditional pictures - law as order and law as just order; and two are prompted by the technological disruption of law - law as governance by machines and law as self-governance by humans. These pictures are tested in five performance areas: contract law, criminal law, biolaw, information law, and constitutional law. The synthesis, revealing the complexity of the demand for respect, highlights three particular points. First, the only prospectus for law that clearly commands respect is one that is committed to protecting the global commons (the preconditions for humans to form their own communities with their own forms of governance); second, any form of governance by humans will invite reservations and push-back against the demand for respect; and, third, governance by machines is not so much a superior form of governance as a radically different form in which questions about respect are redundant. This book will appeal to scholars and students with interests in the broad and burgeoning field of law, regulation and technology, as well as to legal theorists, practitioners, and others interested in the impact of new technology on law.
This book explores the phenomenon of data - big and small - in the contemporary digital, informatic and legal-bureaucratic context. Challenging the way in which legal interest in data has focused on rights and privacy concerns, this book examines the contestable, multivocal and multifaceted figure of the contemporary data subject. The book analyses "data" and "personal data" as contemporary phenomena, addressing the data realms, such as stores, institutions, systems and networks, out of which they emerge. It interrogates the role of law, regulation and governance in structuring both formal and informal definitions of the data subject, and disciplining data subjects through compliance with normative standards of conduct. Focusing on the 'personal' in and of data, the book pursues a re-evaluation of the nature, role and place of the data subject qua legal subject in on and offline societies: one that does not begin and end with the inviolability of individual rights but returns to more fundamental legal principles suited to considerations of personhood, such as stewardship, trust, property and contract. The book's concern with the production, use, abuse and alienation of personal data within the context of contemporary communicative capitalism will appeal to scholars and students of law, science and technology studies, and sociology; as well as those with broader political interests in this area.
Analyzing the level of claims for clinical negligence in the light of the most recent trends and discovering whether there is indeed a litigation crisis in healthcare, this book is a topical and compelling exploration of healthcare and doctor-patient relationships. The author:
Covering the topics of medicine and the media and the causes of occupational stress among doctors, this volume is a must read for all students of medical law and medical ethics.
The conservation of biodiversity is now big business. Whether called conservation banking, species banking, habitat banking, biodiversity banking, biodiversity offsets, compensatory mitigation or ecological footprint offsetting, the idea of financially valuing biodiversity and using the market and businesses to promote conservation is growing rapidly. This handbook is an essential and comprehensive guide to conservation banking explaining what it is, and how it works. The book covers the origins of conservation banking, the pros and cons of this approach to conservation, how conservation banking works in reality, the legal, practical and financial aspects of setting up and running a conservation bank and how 'biodiversity off-sets' can be internationalized. Authored by leading experts in the field of ecosystem markets, the book provides practical guidance, tools, case studies, analysis and insights into conservation banking in the United States, its 'biodiversity banking' namesake in Australia and other similar approaches internationally.
Updated throughout and adds new and fully revised chapters. Focuses on the global trends and mandates toward environmental sustainability. Examines the latest international legislation involving climate change. Includes coverage of oil & gas industries, as well as nuclear and renewable energy.
THE INSTANT NUMBER 1 SUNDAY TIMES BESTSELLER In this inspiring, uplifting and heart-warming memoir, world-renowned veterinary surgeon Professor Noel Fitzpatrick shares some of the most personal and powerful tales ever from his life as The Supervet. Picking up from where the Sunday Times bestselling How Animals Saved My Life left off, Noel shares the moving, heart-warming and often surprising stories of the animals that he has treated in his remarkable career. As he explores how our relationships with animals can bring out the best in each of us, we meet some of the wonderful animals he has tried to help, the families who love them and the deeply personal challenges Noel has faced along the way. It is animals like these who have taught Noel the valuable lessons of Love, Hope and Faith - lessons that have sustained him in his life beyond being the Supervet. This is the remarkable story of one man and the animals he has saved, animals who have - in turn - saved him.
This book considers the question of spatial justice after apartheid from several disciplinary perspectives - jurisprudence, law, literature, architecture, photography and psychoanalysis are just some of the disciplines engaged here. However, the main theoretical device on which the authors comment is the legacy of what in Carl Schmitt's terms is nomos as the spatialised normativity of sociality. Each author considers within the practical and theoretical constraints of their topic, the question of what nomos in its modern configuration may or may not contribute to a thinking of spatial justice after apartheid. On the whole, the collection forces a confrontation between law's spatiality in a "postcolonial" era, on the one hand, and the traumatic legacy of what Paul Gilroy has called the "colonial nomos", on the other hand. In the course of this confrontation, critical questions of continuation, extension, disruption and rewriting are raised and confronted in novel and innovative ways that both challenge Schmitt's account of nomos and affirm the centrality of the constitutive relation between law and space. The book promises to resituate the trajectory of nomos, while considering critical instances through which the spatial legacy of apartheid might at last be overcome. This interdisciplinary book will appeal to scholars of critical legal theory, political philosophy, aesthetics and architecture. |
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