Doctors and Rules is a unique and immensely scholarly book. It draws on material which has informed our civilization, including many of the social sciences-history, sociology, and psychology, as well as law. The author accesses the current importance of the Hippocratic tradition within medicine, and puts forward various models of its practice. He seeks to expose the often inarticulated foundation of contemporary debates about the law, medicine, and health, and to question some common assumptions of the functionsand structures of social and legal order. The book challenges the idea that legal rules should be respected merely because they exist and because they play a part in centralizing the organization of society. It rejects the notion that the courts always, or even often, offer useful mechanisms for defining and settling disputes. On the contrary, the author sees in their formalism many things which hinder the common cause of humanity. Only a skeptic trained in law but also deeply concerned by our fate and circumstances could have produced it. It also contributes both to the sociology of law and the sociology of medicine. Out of a reassertion of old ways, this book presents a new blueprint for future professional conduct. It is rich in questions and ideas for researchers, teachers, and professionals in the fields of law, medical sociology, and medicine and generally for those concerned with the place of professional conduct.

The book adopts an innovative analytical approach to agenda setting by not only presenting successful cases in which energy issues were addressed by means of public policy, but by also analyzing failed attempts to make issues part of the European policy agenda. Another outstanding feature of the book is its use of the latest empirical data on a broad range of energy issues. When are energy issues likely to find their way to the agenda of European policymakers? This is the key research question guiding this collection of empirical studies, which will shed light on both successful and unsuccessful attempts to include energy issues in the European agenda. The multi-level political system of the European Union represents a particularly fruitful setting for addressing this question due to the multiple institutional access points it provides for different groups of actors. The book has three key benefits. First, it provides a theory-informed analysis of agenda setting processes in general and in the European Union in particular. Second, it presents an overview of the most important and emerging dimensions on European energy policy, and third, it helps to develop a research agenda for future research in the field.

This book demonstrates how the Thalidomide catastrophe of the 1960s and the BSE crisis of the 1990s led to regulatory regimes for pharmaceuticals and foodstuffs in Europe. However, the developmental paths of these regimes differ - and so does the efficiency and legitimacy of regulatory policy-making.

Responsive Legality is an important book about twenty first century justice. It explores the legal and moral values that twenty-first-century public officials use to make their decisions, engaging existing theoretical models of administrative justice and updating them to reflect changed twenty-first-century conditions. Together, these features of twenty-first century public administration are coined 'responsive legality'. Whereas twentieth-century public officials were generally driven by their concern for bureaucratic rationality, professional treatment, moral judgement and - towards the end of the century - the logics of 'new managerialism', the twenty-first-century public official embodies greater complexity in their characteristic pursuit of substantive and procedural justice. In responsive legality, government decision makers show a distinct concern for the protective parameters of the rule of law, a purposive pursuit of fair outcomes and a commitment to flexible decision making.

This book explores the regulation of pesticides in the European Union in order to reveal the complex, controversial, and contested nature of an assessment system proudly declared by the EU to be 'the strictest in the world'. The current regulatory framework is based on Regulation 1107/2009, which substantially reformed the previous system. The analysis describes the new criteria and procedures for the authorization of active substances to be used in the production of pesticides, traces the lengthy policy formulation process, and identifies factors that made policy change possible. Further, the book illustrates the current controversies that characterise the implementation of Regulation 1107/2009: the ban of pesticides harmful to pollinators, the renewal of the authorization of glyphosate, and the definition of criteria for the assessment of endocrine disruption. The author provides information on policy outcomes and highlights persisting shortcomings in the enforcement of EU regulation. This book will appeal to students and scholars from a variety of disciplines, including political science, political sociology, and public policy.

Do doctors fix patients? Or do they heal them? For all of modern medicine's many successes, discontent with the quality of patient care has combined with a host of new developments, from aging populations to the resurgence of infectious diseases, which challenge medicine's overreliance on narrowly mechanistic and technical methods of explanation and intervention, or "fixing' patients. The need for a better balance, for more humane "healing" rationales and practices that attend to the social and environmental aspects of health and illness and the experiencing person, is more urgent than ever. Yet, in public health and bioethics, the fields best positioned to offer countervailing values and orientations, the dominant approaches largely extend and reinforce the reductionism and individualism of biomedicine. The collected essays in To Fix or To Heal do more than document the persistence of reductionist approaches and the attendant extension of medicalization to more and more aspects of our lives. The contributors also shed valuable light on why reductionism has persisted and why more holistic models, incorporating social and environmental factors, have gained so little traction. The contributors examine the moral appeal of reductionism, the larger rationalist dream of technological mastery, the growing valuation of health, and the enshrining of individual responsibility as the seemingly non-coercive means of intervention and control. This paradigm-challenging volume advances new lines of criticism of our dominant medical regime, even while proposing ways of bringing medical practice, bioethics, and public health more closely into line with their original goals. Precisely because of the centrality of the biomedical approach to our society, the contributors argue, challenging the reductionist model and its ever-widening effects is perhaps the best way to press for a much-needed renewal of our ethical and political discourse.

This study, by two leading scholars in the field, draws on feminist theory and science and technology studies to uncover a basic injustice for the human rights of drug-using women: most women who need drug treatment in the US and UK do not get it. Why not?

When it comes to extending citizenship to certain groups, why might ruling elites say neither 'yes' nor 'no', but 'wait'? The dominant theories of citizenship tend to recognize clear distinctions between citizens and aliens; either one has citizenship or one does not. This book shows that not all populations are fully included or expelled by a state; they can be suspended in limbo - residing in a territory for protracted periods without accruing citizenship rights. This in-depth case study of the United Arab Emirates uses new archival sources and extensive interviews to show how temporary residency can be transformed into a permanent legal status, through visa renewals and the postponement of naturalization cases. In the UAE, temporary residency was also codified into a formal citizenship status through the outsourcing of passports from the Union of Comoros, allowing elites to effectively reclassify minorities into foreign residents.

This book delivers an original, theoretically informed analysis of the legal regulation of online speech. Rejecting the narrow pluralism of elitist and deliberative accounts of the citizen's role in political discourse, the book defends a participatory account of speech in non-deliberative settings. The latter account of political pluralism best captures the republican democratic aspiration for popular, on-going authorship of the laws and the centrality of freedom to dissent in democratic theory. The legal and policy implications for governments and social media platforms of this inclusive envisioning of public discourse are then elaborated upon. In the digital world, anyone with access to the internet can be a speaker. Speech on public platforms has become democratised. At the same time, aspects of online speech are plainly problematic. Concerns exist about disinformation, 'fake news', 'deep fakes', 'weaponised speech' and 'trolls'. Offensive speech and the polarising effects of robustly expressed political opinion are also troublesome. These assorted downsides of democratised speech are said to undermine the integrity of democratic processes and institutions. Public debate is distorted and coarsened and the electorate are misled. How ought the liberal democratic state respond to these challenges? The discussion is intended to be read by academics and researchers with interests in democratic theory, digital communications and freedom of expression. It offers a stimulating and distinctive contribution to debates about online speech.

In comics, justice always prevails, but the business of comics is a lot trickier. Marc Greenberg combines the expertise of a legal scholar with the passion and insight of a long-time comics fan, untangling the morass of legal issues facing comics - and all creative enterprises - in the past, present and future. Comic Art, Creativity and the Law is essential reading for anyone interested in understanding the multi-billion dollar global industry that comics has spawned.' - Rob Salkowitz, author of Comic-Con and the Business of Pop Culture'An intellectual tour de force and a compelling read . . . Far beyond a practical guide to the law of comics (though it is that too), Greenberg's book touches on the nature of creativity, the basis for IP law and the history of this fascinating medium.' - Professor Mark A. Lemley, Director, Stanford Law School, US The characters and stories found in comic art play a dominant role in contemporary popular culture throughout the world. In this first-of-its-kind work, Comic Art, Creativity and the Law examines how law and legal doctrine shapes the creative process as applied to comic art. The book examines the impact of contract law, copyright law (including termination rights, parody and ownership of characters), tax law and obscenity law has on the creative process. It considers how these laws enhance and constrain the process of creating comic art by examining the effect their often inconsistent and incoherent application has had on the lives of creators, retailers and readers of comic art. It uniquely explains the disparate results in two key comic book parody cases, the Winter Brothers case and the Air Pirates case, offering an explanation for the seemingly inconsistent results in those cases. Finally, it offers a detailed discussion and analysis of the history and operation of the 'work for hire' doctrine in copyright law and its effect on comic art creators. Designed for academics, practitioners, students and fans of comic art, the book offers proposals for changes in those laws that constrain the creative process, as well as a glimpse into the future of comic art and the law.

The European Union's Emissions Trading System (EU ETS) is the world's largest carbon trading market. This book offers a new perspective on the EU ETS as a multi-level governance regime, in which the regulatory process is composed of three distinct 'competences' - norm setting, implementation, and enforcement. Are these competences best combined in a single regulator at one level of government or would they be better allocated among a variety of regulators at different levels of government? The combined legal, economic, and political analysis in this book reveals that the actual allocation of competences within the EU ETS diverges from a hypothetical ideal allocation in important ways, and provides a political economy explanation for the existing allocation of norm setting, implementation and enforcement competences among various levels of European government.

The practices and technologies of evaluation and decision making used by professionals, police, lawyers and experts are questioned in this book for their participation in the perpetuation of historical forms of colonial violence through the enforcement of racial and eugenic policies and laws in Canada.

This book is the result of project elaborated in cooperation between the IMPEL working group on criminal prosecution and METRO, with the goal of providing an insight into the systems and methods of criminal prosecution in environmental cases in practice. This book therefore provides an overview of criminal prosecution practice in environmental cases in Austria, Belgium, Denmark, Finland, Germany, Italy, the Netherlands, Portugal, Spain and the United Kingdom. It is based on the results of a comprehensive questionnaire that was answered by various experts in country reports. In addition, the book contains a detailed summary and comparison of the country reports. This provides not only a summary of the criminal prosecution of environmental law in the various countries, but also addresses differences and similarities in practice with respect to environmental criminal law. A critical analysis of the answers is also provided. Both in the comparative overview and in the analysis, crucial issues with respect to the enforcement of environmental law are discussed, such as the criminal liability of corporations for environmental offences, the role of enforcing bodies and individuals in connection with environmental offences, the possibility of administrative or criminal penalties, the existence of instruments which prohibit individuals from carrying out similar activities, and the criminal liability for environmental offences by public servants and public authorities. Special attention is also given to transfrontier pollution incidents. In their concluding remarks, the editors of the book address the trend towards corporate criminal liability, discuss the difference between administrative and criminal enforcement of environmental law and also pay attention to current moves to achieve a European environmental criminal law.

The economic unification of Europe has created a lot of victims. The realization of the single market has taken place without any adjusting or accompanying economic and social policies. Its effects on social and human relations go far beyond the economic and commercial areas its authors had in mind. It has in fact led to changes in European society that are so far-reaching that they could very well be characterized as mutations. This book looks at the phenomenon of social dumping in the wider context of liberalized social competition as steered by the European Union. It contains a number of testimonies by people who actively fight social dumping, with special attention paid to the harrowing dumping practices in the road transport sector. Some of the authors also examine the phenomenon of social dumping in relation to compliance with the fundamental right of all workers to respect for their dignity as human beings. In this respect, the underlying question is whether, by tolerating legislation that allows human dignity to be violated by social dumping, the European and national legislators in fact infringe on this key fundamental right.This book is intended for practitioners, academics, researchers and policy-makers working in the area of social policy.

We are in a moment where peoples and states are interested, directly or indirectly, in asserting their "national interest," unilaterally if necessary. In the White House, the national security policy is premised on "America First," while Catalans and Iraqi Kurds have taken steps to unilaterally declare their independence. All of these actions have generated tension both domestically and internationally. However, even though the potential for unilateral action has been receiving a lot of attention, the larger issue of the legality of unilateral acts is often hard to discern. This book provides a history of the doctrine of unilateral acts in international law, tracing their treatment in the international sphere from consent based acts, to obligations erga omnes, to acts of estoppel. Through chapter-by-chapter case studies, this book traces the "legalization" of the category of unilateral acts from its 19th Century foundations into a broad category of obligation. To understand why and how this occurred, this book examines the history of the legal doctrine of unilateral acts, which shows that in spite of efforts to progressively make unilateral acts "legal" they are still not precisely defined or easy to apply, challenging the very commitment these acts are meant to establish.

The book is an introduction to sports law, in particular International (worldwide) and European (EU) sports law. The chapters are all put in the perspective of the innovative sports law doctrine that is developed and presented in the opening chapter on what sports law is. After a general coverage of the core concept of "sport specificity" (that is whether private sporting rules and regulations can be justified notwithstanding they are not in conformity with public law), the book covers the following specific main themes of International and European Sports Law (capita selecta): comparative sports law; competition law and sport; the collective selling of TV rights; sports betting; Social Dialogue in sport; sport and nationality; professional football transfer rules; anti-doping law in sport; transnational football hooliganism in Europe; international sports boycotts. In this book association football ("soccer") is the sport that is by far most on the agenda. It is the largest sport in the world and most popular all over the globe. The elite football in Europe is a day-to-day commercialized and professionalized industry, which makes it a perfect subject of study from an EU Law perspective.

This analysis of the law's approach to healthcare decision-making critiques its liberal foundations in respect of three categories of people: adults with capacity, adults without capacity and adults who are subject to mental health legislation. Focusing primarily on the law in England and Wales, the analysis also draws on the law in the United States, legal positions in Australia, Canada, Ireland, New Zealand and Scotland and on the human rights protections provided by the ECHR and the Convention on the Rights of Persons with Disabilities. Having identified the limitations of a legal view of autonomy as primarily a principle of non-interference, Mary Donnelly questions the effectiveness of capacity as a gatekeeper for the right of autonomy and advocates both an increased role for human rights in developing the conceptual basis for the law and the grounding of future legal developments in a close empirical interrogation of the law in practice.

This book adds a critical perspective to the legal dialogue on the regulation of 'smart urban mobility'. Mobility is one of the most visible sub-domains of the 'smart city', which has become shorthand for technological advances that influence how cities are structured, public services are fashioned, and citizens coexist. In the urban context, mobility has come under pressure due to a variety of different forces, such as the implementation of new business models (e.g. car and bicycle sharing), the proliferation of alternative methods of transportation (e.g. electric scooters), the emergence of new market players and stakeholders (e.g. internet and information technology companies), and advancements in computer science (in particular due to artificial intelligence). At the same time, demographic changes and the climate crisis increase innovation pressure. In this context law is a seminal factor that both shapes and is shaped by socio-economic and technological change. This book puts a spotlight on recent developments in smart urban mobility from a legal, regulatory, and policy perspective. It considers the implications for the public sector, businesses, and citizens in relation to various areas of public and private law in the European Union, including competition law, intellectual property law, contract law, data protection law, environmental law, public procurement law, and legal philosophy. Chapter 'Location Data as Contractual Counter-Performance: A Consumer Perspective on Recent EU Legislation' of this book is available open access under a CC BY 4.0 license at link.springer.com.

The book consists of three parts.

Part 1, which comprises 5 chapters, deals with the legal-philosophical aspects of communications law. In Part II , we deal with certain statutory and common law limitations to the right to freedom of expression. Part III deals with specific methods of communication, ie the press, electronic communications, broadcasting, computers, and entertainment.

The present book shares critical perspectives on the conceptualization, implementation, discourses, policies, and alternative practices of environmental education (EE) for diverse and unique groups of learners in a variety of international educational settings. Each contribution offers insights on the authors' own processes of re-imagining an education in/about/for the environment that are realized through their teaching, research and other ways of "doing" EE. Overall, environmental education has been aimed at giving people a wider appreciation of the diversity of cultural and environmental systems around them as well as the urge to overcome existing problems. In this context, universities, schools, and community-based organizations struggle to promote sustainable environmental education practices geared toward the development of ecologically literate citizens in light of surmountable challenges of hyperconsumerism, environmental depletion and socioeconomic inequality. The extent that individuals within educational systems are expected to effectively respond to-as well as benefit from-a "greener" and more just world becomes paramount with the vision and analysis of different successes and challenges embodied by EE efforts worldwide. This book fosters conversations amongst researchers, teacher educators, schoolteachers, and community leaders in order to promote new international collaborations around current and potential forms of environmental education. This book reflects many successful international projects and perspectives on the theory and praxis of environmental education. An eclectic mix of international scholars challenge environmental educators to engage issues of reconciliation of correspondences and difference across regions. In their own ways, authors stimulate critical conversations that seem pivotal for necessary re-imaginings of research and pedagogy across the grain of cultural and ecological realities, systematic barriers and reconceptualizations of environmental education. The book is most encouraging in that it works to expand the creative commons for progress in teaching, researching and doing environmental education in desperate times. - Paul Hart, Professor of Science and Environmental Education at the University of Regina (Canada), Melanson Award for outstanding contributions to environmental and outdoor education (Saskatchewan Outdoor and Environmental Education Association) and North American Association for Environmental Education (NAAEE)'s Jeske Award for Leadership and Service to the Field of EE and Outstanding Contributions to Research in EE. In an attempt to overcome simplistic and fragmented views of doing Environmental Education in both formal and informal settings, the collected authors from several countries/continents present a wealth of cultural, social, political, artistic, pedagogical, and ethical perspectives that enrich our vision on the theoretical and practical foundations of the field. A remarkable book that I suggest all environmental educators, teacher educators, policy and curricular writers read and present to their students in order to foster dialogue around innovative ways of experiencing an education about/in/for the environment. - Rute Monteiro, Professor of Science Education, Universidade do Algarve/ University of Algarve (Portugal).

Aspects of education law provides a comprehensive description and analysis of the laws that currently inform, prescribe and influence the activities of educators and education managers, whether on the sports fields or in the boardroom, at the blackboard or behind a desk. This revised fourth edition of Aspects of education law places emphasis on the legal aspects that pertain to learner misconduct in South African schools, with extended chapters on human rights and school governance, and has been thoroughly updated in terms of new legislation and case law. It includes discussions of the position of the child as legal subject, the educator's duty of care and the administrative aspects of school management. Aspects of education law has become an essential resource for educators, lawyers, members of governing boards and parents, and all of those who are interested in ensuring high-quality schooling in South Africa. Previous editions have been hailed as being "among the highest in the international community" and "a must for ...scholars throughout the world with an interest in comparative education law" by American academics.

This book offers a comparative perspective on data protection and cybersecurity in Europe. In light of the digital revolution and the implementation of social media applications and big data innovations, it analyzes threat perceptions regarding privacy and cyber security, and examines socio-political differences in the fundamental conceptions and narratives of privacy, and in data protection regimes, across various European countries. The first part of the book raises fundamental legal and ethical questions concerning data protection; the second analyses discourses on cybersecurity and data protection in various European countries; and the third part discusses EU regulations and norms intended to create harmonized data protection regimes.