Law Is a Moral Practice by
A powerful argument for the essential role of morality in law, getting at the heart of key debates in public life. What is law? And how does it relate to morality? It's common to think that law and morality are different ways of regulating our lives. But Scott Hershovitz says that this is a mistake: law is a part of our moral lives. It's a tool we use to adjust our moral relationships. The legal claims we advance in court, Hershovitz argues, are moral claims. And our legal conflicts are moral conflicts. Law Is a Moral Practice supplies fresh answers to fundamental questions about the nature of law and helps us better appreciate why we disagree about law so deeply. Reviving a neglected tradition of legal thought most famously associated with Ronald Dworkin, Hershovitz engages with important legal and political controversies of our time, including recent debates about constitutional interpretation and the obligations of citizens and officials to obey the law. Leavened by entertaining personal stories, guided by curiosity rather than ideology, moving beyond entrenched dichotomies like the opposition between positivism and natural law, Law Is a Moral Practice is a thought-provoking investigation of the philosophical issues behind real-world legal debates.
Critical race theory and the struggle at the heart of legal education : a view from the inside by
This book is an examination of the reception of critical race theory (CRT) in America’s legal education system.
Critical race theory has been roiling legal education since the aftermath of Obama’s presidency. The killings of unarmed Black people fueled Black Lives Matter (BLM) protests in law schools, which created a sense of urgency behind the plea for the law to do more to stop the killings of unarmed Black people. Some BLM-led protests called for faculty and administers to be fired if they didn’t act.
There has been an upsurge of states legislating against the teaching of CRT, and law schools are struggling to respond. How should legal education view CRT? What are the neutral unifying values in the law that offer hope in the fight to alleviate the wave of racism that seems to continually batter law schools and society as a whole? This book looks for answers, and encourages the recommittal to the foundationalist beliefs of free speech, equality, and the due process of law.
Otter's Journey Through Indigenous Language and Law by
Storytelling has the capacity to address feelings and demonstrate themes - to illuminate beyond argument and theoretical exposition. In Otter's Journey, Borrows makes use of the Anishinaabe tradition of storytelling to explore how the work in Indigenous language revitalization can inform the emerging field of Indigenous legal revitalization. She follows Otter, a dodem (clan) relation from the Chippewas of Nawash First Nation, on a journey across Anishinaabe, Inuit, Maori, Coast Salish, and Abenaki territories, through a narrative of Indigenous resurgence. In doing so, she reveals that the processes, philosophies, and practices flowing from Indigenous languages and laws can emerge from under the layers of colonial laws, policies, and languages to become guiding principles in people's contemporary lives.
Murder on the Red River by
Renee 'Cash' Blackbear, a 19-year-old, tough-as-nails, resilient Ojibwe woman, has lived all her life in Fargo, sister city to Minnesota's Moorhead, just downriver from the Cities. Her life revolves around driving truck for local farmers, drinking beer, playing pool, and solving criminal investigations through the power of her visions. She has one friend, Sheriff Wheaton, who's also her guardian and helped her out of the broken foster care system. Together they must work to solve a murder across cultures in a rural Midwest community layered in racism, genocide, and oppression.
Youth Protection Law in Québec by
This handbook presents youth protection law in Quebec. Practitioners, workers from the DYP, and anyone wishing to broaden their knowledge on the various legal aspects of this area of practice will greatly benefit from this helpful guide. It is a translation of the highly successful French publication, Droit de la protection de la jeunesse, 3e édition, written by the same author."-- Provided by publisher.
Advanced Introduction to Behavioral Law and Economics by
Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This highly informative Advanced Introductionexplores the diverse and far-reaching legal implications of some of the key findings of behavioral economics. Cass Sunstein, a leader in this field, adopts an interdisciplinary approach to examining cutting-edge topics such as air pollution and climate change; public health and safety; pandemic response; occupational safety; road safety; and contract, property, and tort law. This Advanced Introductionprovides a much-needed assessment and analysis of the law as a critical domain for the use of behavioral economics, and investigates how techniques including nudging, mandates, and taxes can be used to enhance the effectiveness and improve the implementation of the law. Key Features: Explains how legal systems and governments employ behavioral economics Explores the crucial relationship between law, behavioral economics and human welfare Highlights the use of algorithms in law and policy, considering the relationship between algorithms, noise and bias Examines key concepts from behavioral economics including sludge, present bias, loss aversion, unrealistic optimism, and anchoring This erudite Advanced Introductionwill be an essential read for legal students, academics and researchers with an interest in behavioral economics, public policy and economic psychology. Highlighting how behavioral economics interacts with various other disciplines, it will also prove valuable to professionals and practitioners working in law, medicine, education and politics.
Advanced Introduction to European Union Law by
Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This thoroughly updated second edition of Advanced Introduction to European Union Lawprovides an essential overview of the diverse fields of EU law and their relevant politics. In precise but accessible language, Jacques Ziller analyses the latest developments in EU law following Brexit, the Covid-19 pandemic, and the Russia-Ukraine war, focusing on the main fields of action for the EU: the internal market, area of freedom, security and justice, and external action. Key Features: Citations of critical legal texts to aid clarity for readers Insights on the EU's founding treaties and how they have developed over time Analysis of the interactions and relations between the EU and its member states Discussion of both the legal and political aspects of the EU's policies and institutions Providing an engaging entry point into the study of EU law, this Advanced Introduction will prove invaluable for students and academics in law, political science, and economics. It will also be an important resource for officials within the EU and its member states seeking a deeper understanding of the EU's many laws and policies.
Advanced Introduction to Evidence by
Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This Advanced Introduction to Evidencedelivers a comprehensive exposition of the major tenets of evidence law, principally from an American perspective. Using the Federal Rules of Evidence as a structural framework, Richard D. Friedman reflects on the underlying policies, psychological perceptions and philosophical viewpoints that underpin evidence law. This comprehensive and accessible book concludes that there are still several important factors that preclude a system of completely free proof, such as the need to prevent bias of the fact-finder, incentivise socially beneficial conduct, prevent undue intrusion on individuals' lives and ensure that testimony is given according to prescribed procedures. Key Features: Provides an incisive overview of the law of evidence Examines how common-law courts have become more receptive to evidence over the last 200 years Deftly explores the policies, concepts and philosophies that have resulted in 21st-century evidence law Analyses multiple factors that prevent the adoption of a legal system of completely free proof This masterful Advanced Introduction will be a wonderful study aid for students learning evidence law and a crucial read for scholars and academics across multiple disciplines including evidence law, criminal law, constitutional law, criminology, politics, and sociology. It will also prove a key resource for legal practitioners and professionals working in public and social policy.
Advanced Introduction to International Water Law by
Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive policy issues associated with discrete subject areas. This Advanced Introduction to International Water Lawprovides an overview of the key international rules, principles and institutions involved in the use and protection of shared international freshwater resources. Incisive and comprehensive, this book explores the core principles and key developments in international water law. Chapters examine the emergence of the ecosystem approach to transboundary water management; the phenomenon of convergence, by which international water law borrows from (and contributes to) other fields of international law; and the emergence of the UN Sustainable Development Goals as a global driver for implementation of a universally accepted sustainable development framework for shared international water resources. Key Features: Summarises established practices in the field of transboundary water cooperation Deftly explores the evolving objectives of international water law and the key drivers affecting these changes Highlights procedural engagement and institutional cooperation as an integral requirement of international water law Examines the necessity of related fields of international law when managing shared international water resources This authoritative Advanced Introduction will be a crucial read for legal scholars and students working in the fields of international water; environmental, climate and natural resources law; environmental politics; international relations; water resources management and development studies. It will also benefit governmental and intergovernmental officials employed by relevant national ministries and international organisations.
African Free Trade Agreements and Intellectual Property by
This informative book examines the intellectual property (IP) provisions of the sub-regional, continental and international Free Trade Agreements (FTAs) that have been implemented by African countries to facilitate trade and promote economic integration. Michael Blakeney and Getachew Mengistie Alemu explain how FTAs can be used when setting IP standards in order to influence the ongoing effort to develop effective international agreements with Africa. African Free Trade Agreements and Intellectual Propertydetails the national, sub-regional and continental structure of African IP laws and their relationship to the FTAs entered into by African states and sub-regional groupings. The book explores a broad range of topics including the socio-economic challenges of African countries, the African continental IP arrangements, Agenda 2063, cultural and biodiversity legislation. Looking ahead, the book recommends using IP to better support African countries in relation to biopiracy, access to genetic resources, the equitable sharing of benefits from the exploitation of those resources and the protection of traditional knowledge, cultural expressions and folklore. This book will be an insightful read for researchers and students specialising in intellectual property law, international economic law, trade law and public international law. Providing an in-depth examination of IP and FTA agreements in Africa, this book will also be of benefit to policy-makers and legal practitioners working in the field.
Animals As Crime Victims by
This innovative and prescient book offers a multidisciplinary framework which reconceptualizes maltreated animals as crime victims. Articulating more active and involved responses to animal maltreatment, Animals as Crime Victimsprovides guidance to attorneys, law enforcement personnel, veterinarians, and educators by reimagining how animals are positioned within the law. Lacey Levitt, David B. Rosengard, and Jessica Rubin bring together expert contributors from various fields who argue for reconceptualizing animals as crime victims and examine the legal ramifications of doing so. Chapters explore how recognition as crime victims not only makes animals and their own interests visible within the law but affords them substantive rights. Alongside a proposed legal framework, this incisive book details modern scientific discoveries regarding the complexity of animals' cognition and emotions and the historical and contemporary sociological shifts in our relationships with animals. Animals as Crime Victimswill be a vital read for academics, students, and practitioners whose work focuses on animal maltreatment, animal law, or human-animal studies. Including in-depth examples, practical information, and exploration of substantive law alongside legal theory, this book will be useful to lawyers, law enforcement personnel, criminologists, and veterinary and mental health professionals confronting crimes against animals or the humans committing them.
A basic guide to Canadian family law : what everybody needs to know about Canadian family law but could never afford to ask by
The Basic Guide to Canadian Family Law has been written for the average Canadian as distinct from judges, lawyers, mediators, and others who engage in family dispute resolution. It will be of special interest to Canadians who are contemplating separation or divorce but wish to obtain basic information about the legal consequences of any such decision and the alternative methods of resolving any dispute before pursuing the matter further. Lawyers, mediators, and other professionals who engage in dispute resolution may themselves find it useful to refer their clients to the current guide. Self-represented litigants may also find it to be helpful. It will also be of interest to students in schools, colleges, and universities who need a bird's-eye view of Canadian family law before embarking on more detailed studies. Any member of the general public who is interested in their rights and obligations under Canada's current family law system can obtain the requisite information in a readily accessible form at a relatively low cost."
Blackstone's Employment Law Practice 2023 by
Blackstone's Employment Law Practice 2023 is a leading reference work, providing everything you need for bringing, defending, and appealing employment cases in a single volume, with an unbeatable combination of clear commentary and key legislation. This new edition offers up-to-date guidance from an eminent team of expert authors on the latest developments in substantive law, practice, and procedure in the employment tribunal and civil courts. The updates reflect changes in approach and new areas of litigation arising from Brexit and the pandemic, and an entirely new chapter on worker status. Further, the chapters on procedure have been updated with information about the use of CVP and other remote hearings, in anticipation that such practices will continue to expand in a post-pandemic landscape. Drawing together comprehensive coverage of practice and procedure in the employment tribunals, Employment Appeal Tribunal, and Central Arbitration Committee, Blackstone's Employment Law Practice 2023 is an essential purchase for employment practitioners.
Canadian Immigration and Refugee Law: A Practitioner's Handbook 4th Edition; Fourth edition. by
Canadian Immigration and Refugee Law: A Practitioner’s Handbook offers practitioners a current and comprehensive analysis of the complexities and nuances within immigration law. Designed to keep practitioners up to date with the continual reforms to Canada’s immigration, refugee, and citizenship systems, this all-in-one resource explains key principles and processes, from eligibility criteria to decision-making. Procedures, practices, and legislation are contextualized through current events, program descriptions, legislative and policy references, and practical tips. Updated to include recent case law and legislative amendments, the fourth edition discusses new permanent residency streams, IRCC entry and exit tracking, online application systems, and more. This edition also features new figures and updated sample documents, including a citizenship certificate. Perfect for anyone seeking a comprehensive understanding of immigration and refugee law—from lawyers, paralegals, and consultants who need a practical resource manual, to students learning the basics of immigration and refugee law, to laypersons such as interpreters and settlement and community workers.
Citizenship by
The emergence of citizenship, some 4,000 years ago, was a hinge moment in human history. Instead of the reign of blood descent, questions regarding who rules and who belongs were opened up. Yet purportedly primordial categories, such as sex and race, have constrained the emergence of a truly civic polity ever since. Untying this paradox is essential to overcoming the crisis afflicting contemporary democracies. Why does citizenship emerge, historically, and why does it maintain traction, even if in compromised forms? How can citizenship and democracy be revived? Learning from history and building on emerging social and political developments, David Jacobson and Manlio Cinalli provide the foundations for citizenship's third revolution.Citizenship: The Third Revolution considers three revolutionary periods for citizenship, from the ancient and classical worlds; to the flourishing of guilds and city republics from 1,000 CE; and to the unfinished revolution of human rights from the post-World War II period. Through historical enquiry, this book reveals the underlying principles of citizenship-and its radical promise. Jacobson and Cinalli demonstrate how the effective functioning of citizenship depends on human connections that are relational and non-contractual, not transactional. They illustrate how rights, paradoxically, can undermine as well as reinforce civic society. Looking forward, the book documents the emerging foundations of a "21st century guild" as a basis for repairing our democracies. The outcome of this scholarship is an innovative re-conceptualization of core ideas to engender more authentic civic collectivities.
Citizenship and Human Rights : From Exclusive and Universal to Global Rights: a New Framework. by
Can universal human rights and different national citizenship regimes ever be compatible? This book argues that they can't, setting out a legal-philosophical critique of the tension between both. It explores whether the emergence of postnational models of citizenship that aim at decoupling human rights and citizenship succeed in overcoming tensions between the universal (multiculturalism; universal human rights; postnational values) and the particular (citizenship; borders; national values and diverse local narratives). As a result of this exploration, the author argues that it is illegitimate to speak of universal human rights, universal human dignity, or universal social justice. It is only by recognising this reality that much needed transformation of human rights and citizenship can be undertaken in meaningful way. This provocative and compelling work will appeal to both human rights and citizenship lawyers.
The Elgar Companion to Intellectual Property and the Sustainable Development Goals by
Complex geopolitical debate surrounds the role of intellectual property (IP) in advancing and achieving the UN's Sustainable Development Goals (SDGs). Summarising and advancing this discourse, this prescient Companion is a thorough examination of how IP law interacts, influences and impacts each of the seventeen SDGs. This comprehensive Companion brings together an array of leading international experts to assess and interrogate how IP law impacts each specific SDG in turn. Providing in-depth analysis and invaluable insight, chapters explore IP's role in ending poverty and inequality, improving food security, ensuring a sustainable environment, better regulating gene patents, and supporting health and well-being through access to medicines. This Companion deftly explores a variety of models of technology transfer and diffusion. Ultimately, the book provides a realistic overview of current progress towards the SDGs and a blueprint to reform IP institutions, agreements and laws to achieve a more sustainable future. The Elgar Companion to Intellectual Property and the Sustainable Development Goalswill be an essential resource for academics, researchers, regulators and policymakers interested in the unique intersection between IP law and sustainable development. It will also prove a highly informative read for researchers specialising in development studies, as well as legal practitioners working in private law, public law, technology law, comparative law and international law.
The Ethics of Privacy and Surveillance by
Privacy matters because it shields us from possible abuses of power. Human beings need privacy just as much as they need community. Our need for socialization brings with it risks and burdens which in turn give rise to the need for spaces and time away from others. To impose surveillance upon someone is an act of domination. The foundations of democracy quiver under surveillance. Given how important privacy is for individual and collective wellbeing, it is striking that it has not enjoyed a more central place in philosophy. The philosophical literature on privacy and surveillance is still very limited compared to that on justice, autonomy, or equality-and yet the former plays a role in protecting all three values. Perhaps philosophers haven't attended much to privacy because for most of the past two centuries there have been strong enough privacy norms in place and not enough invasive technologies. Privacy worked for most people most of the time, which made thinking about it unnecessary. It's when things stop working that the philosopher's attention is most easily caught-the owl of Minerva spreading its wings only with impending dusk. With the spread of machine learning, a kind of AI that often uses vast amounts of personal data, and a whole industry dedicated to the trade of personal data becoming one of the most popular business models of the 21st century, it's time for philosophy to look more closely at privacy. This book is intended to contribute to a better understanding of privacy from a philosophical point of view-what it is, what is at stake in its loss, and how it relates to other rights and values. The five parts that compose this book respond to five basic questions about privacy: Where does privacy come from? What is privacy? Why does privacy matter? What should we do about privacy? Where are we now?
The Evolution of Banking Regulation in the European Union by
The Evolution of Banking Regulation in the European Union: An Economic Approach puts the analysis of banking regulation back where it belongs--within the study of the monetary system. Drawing on the theories of Walter Bagehot, this book offers a coherent and analytical framework for an integrated economic approach to a variety of banking regulations. Foregrounding the economics of money and the analysis of monetary institutions in the rationale for banking regulation, this book contributes to the discussion on the nature and efficiency of banking regulation and on its broader consequences for the economy, with a focus on the European Union.
The Global Community Yearbook of International Law and Jurisprudence 2022 by
The Global Community Yearbook of International Law and Jurisprudence is a one-stop resource for all researchers studying international law generally or international tribunals specifically. The Yearbook is based on a cutting-edge project, unique in the panorama of international law yearbooks. Its project moves from a global perspective rather than a sectoral perspective or a spatial, national, or regional one. Its scope is that of annually monitoring the changes of international law and the transition to a global community, exploring its law (global constitutional principles), governance, and justice through a meaningful global jurisprudence. The Yearbook has established itself as an authoritative source of reference on global legal issues and international jurisprudence. It includes analysis of the most significant global trends in a way that allows readers to monitor the development of the global legal order from several perspectives. The Yearbook publishes annually in a volume of carefully chosen primary source material and corresponding expert commentary. The general editor, Professor Emeritus Giuliana Ziccardi Capaldo, employs her vast expertise in international law to select excerpts from important court opinions and to choose experts from around the world to contribute essay-guides, which illuminate those cases. Although the main focus is recent case law from the major international tribunals and regional courts, the first four parts of each year's edition feature expert articles by renowned scholars who address broader themes in current and future developments in international law and global policy. The Global Community Yearbook has thus become not just an indispensable window to recent jurisprudence; the series also serves to prepare researchers for the issues facing emerging global law. The 2022 edition both updates readers on the important work of longstanding international tribunals and introduces readers to more novel topics in international law. The Yearbook continues to provide expert coverage of the Court of Justice of the European Union (ECJ) and diverse tribunals from the International Court of Justice (ICJ) to the International Tribunal for the Law of the Sea (ITLOS), to criminal tribunals such as the International Criminal Court (ICC) and the International Residual Mechanism for Criminal Tribunals (MICT), to economically based tribunals such as ICSID and the WTO Dispute Resolution panel, to courts of human rights (ECtHR, IACtHR, ACtHPR). This edition also examines developments in the War in Ukraine and the consequences of the proliferation of disinformation, as well as international efforts to protect the cultural heritage of vulnerable populations. Scholars also explore the evidentiary value of reports drafted by NGOs and developments in reparations modalities, among other topics. The Yearbook provides students, scholars, and practitioners alike a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates, as well as an annual overview of the process of cross-fertilization between international courts and tribunals.
Gravity at the International Criminal Court by
The gravity of a crime or case features in various international and national legal frameworks for the investigation and prosecution of international crimes. At the International Criminal Court (ICC), 'sufficient gravity' is a requirement for the admissibility of a case specified in Article 17(1)(d) of the Rome Statute. The open-textured nature of the provision leaves the manner of its application and, ultimately, its purpose in the context of the Prosecutor's decisions whether to investigate and prosecute, open to discussion. Set against the backdrop of ongoing debates on how to justify selective investigations and prosecutions at the Court, Gravity at the International Criminal Court: Admissibility and Prosecutorial Discretion addresses the question of how the gravity criterion is to be applied in the context of the Prosecutor's respective decisions whether to investigate and prosecute. It argues that the purpose of the gravity criterion in this context is the allocation of investigative and prosecutorial resources. First, identifying appropriate indicators of gravity, the book contends that the application of Article 17(1)(d) requires a subjective assessment that involves the exercise of discretion. Second, by clarifying the respective roles of the Prosecutor and the Pre-Trial Chambers of the Court in the assessment of gravity in different contexts, it argues in favour of wide prosecutorial discretion in the making of this assessment compared with the limited powers of judicial oversight conferred on the Pre-Trial Chamber. Timely and thorough, Gravity at the International Criminal Court proposes a more coherent and persuasive application of the criterion, contextualizing and comparing the ICC's approach in relation to other courts and bodies of law including international human rights law, international investment law, and international trade law.
Hashtags and Trade Marks by
This timely book examines the growing importance of hashtags both in online culture and within our digital society. Conducting a comparative analysis of legal strategies within the EU, Germany, and the United States, it aims to ascertain whether a fair balance currently exists between freedom of expression and competition in the treatment of hashtags as trade marks. Nazanin Aslani firstly introduces a novel taxonomy of hashtags, highlighting their multifaceted functions, which goes beyond their commercial value to encompass their expressive, communicative, and organisational aspects. The book then highlights the need for a deeper understanding of hashtag functions, arguing that this lack of understanding has led to mischaracterisation by courts and registries, which in turn has led to contradictory case outcomes. Featuring an extensive analysis, this book advocates for strong fair use defences to maintain a balance between protection and free expression, competition, and internet regulation and deregulation. Providing a unique focus on this evolving subject, Hashtags and Trade Markswill be an excellent resource for academics of comparative trade mark, unfair competition and intellectual property law. Practitioners, policy makers and in-house counsel will also benefit from this book to fill in knowledge gaps surrounding hashtags and provide solutions for organisational devices used as trade marks yet to be developed.
The individualization of war : rights, liability, and accountability in contemporary armed conflict by
Also issued in print: 2023.
Includes bibliographical references and index.
'The Individualization of War' examines the status of individuals in contemporary armed conflict in three main capacities: as subject to violence but deserving of protection; as liable to harm because of their responsibility for attacks on others; and as agents who can be held accountable for the perpetration of crimes.
Inside the UN security council : legitimation practices and Darfur by
UN Security Council decisions impact billions of people and yet its formal rules are minimal and tell us little about how decisions are made. Instead, informal, and often unwritten practices, form the basis of negotiations. Inside the UN Security Council analyses informal practices within Security Council decision-making, both in general and focused on the case of Darfur in the west of Sudan, to pull back the curtain on decision-making. Security Council negotiations on Darfur are analyzed in depth across issue areas of agenda-setting, sanctions, referral to the International Criminal Court, and peacekeeping. One way of understanding these informal practices is via the lens of legitimation. This is a useful approach because it brings to the fore the ways in which states seek legitimacy for themselves, and for Security Council decisions, as part of the negotiation process. Inside the UN Security Council introduces and develops the concept of legitimation practices to analyse the UN Security Council's decision-making. Legitimation practices shape the process and outcome of negotiations in two different ways. Internal legitimation practices, which relate to the legitimation of Security Council decisions, such as prioritizing unanimity, constrain and enable the text of resolutions. External legitimation practices such as 'doing something', even when it is known that it cannot be implemented, relate to the legitimation of actors in the negotiations and shape whether decisions can be reached at all. Foregrounding legitimation practices sheds light on seemingly contradictory moments within Security Council decision-making, such as the United States enabling the referral of the situation in Darfur to the International Criminal Court, despite its longstanding objections to the court and the capacity to veto the decision. The book draws on a wide range of primary and secondary sources, including original interviews with key decision-makers, to show that legitimation practices are an integral aspect of Security Council negotiations.
International Humanitarian Law by
In this thoroughly updated second edition of what has quickly become the definitive text in the field of international humanitarian law (IHL), leading expert Marco Sassòli evaluates the application of IHL, the way in which hostilities should be conducted against an adversary, and the pertinence of traditional distinctions, such as that between international and non-international armed conflicts or civilians and combatants. Drawing on the author's practical experience to provide unique and invaluable insights, the second edition discusses the rules protecting certain categories of persons, including prisoners of war, as well as governing different types of conduct of hostilities and the difficulties in determining whether a destruction was unlawful. Significantly, the edition takes the armed conflict between Russia and Ukraine into account, discussing what remains of neutrality, defending the strict separation between the prohibition of aggression and the humanitarian rules to be respected by both sides, which must however be nuanced in the field of naval warfare. New sections explore IHL in relation to persons with disabilities, sieges and humanitarian corridors, the role of the media, IHL in outer space, and the concept of meaningful human control over lethal autonomous weapons systems. Structured in a clear and accessible manner, this new edition is essential reading for all students and scholars of international humanitarian law, as well as those in human rights, and public international law. For military practitioners and NGO lawyers, as well as those working in intergovernmental organizations, this is simply a must-have resource.
Labour Law and Economic Policy by
This book studies labour institutions from an economic perspective to justify their existence and the advantages that they bring to innovation, efficiency, productivity, and economic growth.The philosophical foundations of labour law rely on the protection of the weaker party of the employment contract. However, after 40 years of political neoliberalism, these justifications seem insufficient for achieving progress in the area of labour and employment rights.This book changes the narrative of why we need labour standards. It begins with a study of the reasons that gave rise to labour law in the context of the Industrial Revolution and its evolution, and moves on to analyse the current context dominated by globalisation and economic digitisation. It then proceeds to study the main justifications for intervention in the labour market in the current business-economic context on a global scale: economic growth; pre-distribution of wealth; a meritocratic allocation of working conditions and equality among workers. Using case studies and examples from across the EU, the UK, and the US, the book shows how the deregulation of labour markets harms innovation and the economy, especially when considering the challenges of platform work, algorithms, and AI. It demonstrates that labour standards such as the minimum wage, sectoral collective bargaining and collective rights, protection against dismissal and discrimination, occupational risk prevention, and social security are necessary for the economy to function properly.
Methodology in private law theory : between new private law and Rechtsdogmatik ; First edition. by
This edition also issued in print: 2024.
Includes bibliographical references and index.
'Methodology in Private Law Theory' memorializes a first-of-its-kind dialogue between leading lights in German and American private law theory
The Model Law Approach to International Commercial Arbitration by
Taking the UNCITRAL Model Law on International Commercial Arbitration as its basis, this concise and accessible book presents a cutting-edge account of the international arbitral process. Applying a chronological approach, the book will enable readers to gain an understanding of the arbitral process from start to finish. Chapters explore key topics including the general structure of international commercial arbitration, the Model Law, arbitration agreements, the arbitral tribunal, the conduct of arbitral proceedings, and challenges to and enforcement of arbitral awards. The book also highlights key underlying principles in international arbitration such as party autonomy, the finality of awards and the need to limit court intervention. It also examines the harmonising aim of the Model Law, demonstrating how it acts as a blueprint for legislation on international commercial arbitration, and ties in relevant case law to give a holistic picture of international commercial arbitration in action. This book will prove indispensable to academics and students of international commercial law, arbitration and dispute resolution, who are seeking clarity on the legal framework governing the arbitral process. Legal practitioners will similarly benefit from this clear and concise guide to the application of the Model Law.
The Oxford Handbook of Developmental Psychology and the Law by
Developmental psychology is the science of how beings evolve throughout the lifespan. The focus is on individual behaviors in different contexts at different stages of development, beginning before birth and spanning into old age and until death. The study of law is concerned with when and why individuals do and do not conform to rules, norms, and laws, and as such, also focuses on behaviors. In The Oxford Handbook of Developmental Psychology and the Law, Allison D. Redlich and Jodi A. Quas have brought together experts across multiple disciplines, including psychology, criminology, education, law, and policy, who focus on the interface between developmental science and law across crucial but also very different periods of development. Chapters are written by leading and emerging scholars who review the existing literature in their respective fields, both integrating findings and highlighting ongoing controversies and gaps. The text is divided into sections that map onto developmental stages (birth through adolescence, adulthood, and aging) and then further into civil and criminal subsections. Coverage includes topics such as prenatal and infant abuse; the development of antisocial behavior in children, adolescents, and adults; questioning of minor and elderly victims, witnesses, and suspects; treatment of at-risk individuals across multiple settings (e.g., criminal courts, immigration, custody, and adoption hearings); experiences in prison; reentry transitions after incarceration; and reproductive and end-of-life legal rights. Insightful and forward looking, the Handbook provides crucial foundational knowledge of the field and offers concrete suggestions for next steps and conclusions for practitioners and scientists who are working to push the field forward and use the knowledge for more informed decision-making.
The Oxford Handbook of International Law and Development by
Since the mid-twentieth century, 'international law' and 'international development' have become two of the most prominent secular languages through which aspirations about a better world are articulated.. They have shaped the both the treatment and self-understanding of the 'developing' world, often by positing the West as a universal model against which developing states, their citizens, and natural environments should be measured and disciplined. In recent years, however, critical scholars have investigated the deep linkages between the concept of development, the doctrines and institutions of international law, and broader projects of ordering at the international level. They have shown how the leading models de-radicalise, if not derail, initiatives to redefine development and pursue other forms of global well-being. Bringing together scholars from both the Global South and the Global North, the contributions in this Handbook invite readers to consider the limits of common normative and developmentalist assumptions. At the same time, the Handbook demonstrates how disparate but still identifiable set of ideas, imaginaries, norms, and institutional practices - related to law, development and international governance - shape today's profoundly unequal material conditions, threatening the future of human and nonhuman life on the planet. The book focuses on five distinct areas: existing disciplinary frameworks, institutions and actors, regional theatres of international law and development, competing social and economic agendas, and alternative futures. Offering a unique overview of the field of international law and development and assembling major critical, historical, and political economic insights, this Handbook is an unmissable resource for scholars of international law, international relations, development studies, and global history, as well as anyone interested in the past, present, and future of our world.
The Oxford handbook of international law and the Americas by
"This handbook is currently in development, with individual articles publishing online in advance of print publication. At this time, we cannot add information about unpublished articles in this handbook, however the table of contents will continue to grow as additional articles pass through the review process and are added to the site. Please note that the online publication date for this handbook is the date that the first article in the title was published online
Police Deception and Dishonesty by
Cooperative relations steeped in honesty and good faith are a necessity for any viable society. This is especially relevant to the police institution because the police are entrusted to promote justice and security. Despite the necessity of societal honesty and good faith, the police institution has embraced deception, dishonesty, and bad faith as tools of the trade for providing security. In fact, it seems that providing security is impossible without using deception and dishonesty during interrogations, undercover operations, pretextual detentions, and other common scenarios. This presents a paradox related to the erosion of public faith in the police institution and the weakening of the police's legitimacy. In Police Deception and Dishonesty, Luke William Hunt--a philosophy professor and former FBI Special Agent--seeks to solve this puzzle by showing that many of our assumptions about policing and security are unjustified. Specifically, they are unjustified in the way many of our assumptions about security were unjustified after the 9/11 terrorist attacks, when state institutions embraced a variety of brutal rules and tactics in pursuit of perceived security enhancements. The police are likewise unjustified in their pursuit of many supposed security enhancements that rely on proactive deception, dishonesty, and bad faith. Hunt shows that there are compelling reasons to think that the police's widespread use of proactive deception and dishonesty is inconsistent with fundamental norms of political morality regarding fraud and the rule of law. Although there are times and places for dishonesty and deception in policing, Hunt evocatively illustrates why those times and places should be much more limited than current practices suggest.
Property, Power and Human Rights by
Through deconstructing the right to property, this incisive book critically assesses the claim that international human rights law is universal. Laura Dehaibi presents an innovative bottom-up and dialogical approach to human rights, drawing on lived experience in the margins to give rights a subversive and emancipatory meaning. Chapters analyse the sources of international human rights law, in particular examining the drafting of the Universal Declaration of Human Rights, and provide a thorough review of regional case law on the right to property. Dehaibi illustrates the inadequacy of the current liberal approach to human rights, showing that stories of belonging and human suffering matter greatly when interpreting and enforcing these rights. Ultimately, this book argues for a crucial realignment of the concept of universalism around social participation, contributing to a wider reconsideration of the sources of power in law. Property, Power and Human Rights will be essential reading for students and scholars in human rights, social justice, property and international law. Taking a novel perspective on the interpretation and enforcement of human rights, it will also be invaluable for regional practitioners and activists seeking to strengthen human rights protections.
The regulation of drugs in Canada : the Food and Drugs Act and related intellectual property regimes by
The Regulation of Drugs in Canada: The Food and Drugs Act and Related Intellectual Property Regimes provides an overview of the laws in Canada that govern the manufacture and sale of drugs that are subject to the Food and Drugs Act, including pharmaceuticals, vaccines, and natural health products. Among the laws that are discussed are the new regulatory pathways that were made in response to the COVID-19 pandemic. This book also describes the intellectual property framework that applies to drugs and explains the impact this framework has on the drug approval process, as well as its unique objective: to encourage innovation and incentivize bringing new therapeutic options to market. Authors Simon Carvalho and Nessim Abu-Zahra explain how this framework regulates the competition between “brand-name manufacturers” who are the first to bring a drug to market and obtain patents and other intellectual property, and “generic” or “biosimilar” manufacturers, who manufacture and sell copies of brand-name products."
A Research Agenda for Organizational Law by
Elgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary. Taking stock of the quiet revolution that has taken place in the field of organizational law over the last few decades, this erudite Research Agenda presents a critical overview of the current state of organizational law and explores the increasingly flexible structures and capabilities of modern organizations. Explaining and evaluating new possibilities in modern organizational law, the book demonstrates that legal organizations are much more generative than widely recognized, with the capacity to enable new configurations that combine several legal transactional techniques. Chapters consider the implications of this flexibility for monitoring, regulation, and reform, examine the effects of modern transactional creativity on the rest of the legal system, suggest how organizational statutes might be harmonized, introduce non-traditional uses of modern organizations like LLCs, and propose novel ways to regulate organizations. The book ultimately highlights that the formlessness and adaptability of modern legal organizations is the foundation for a significant body of future research on the evolving role of legal entities. This path-breaking Research Agenda will prove invaluable to academics and students of company law, partnership law, and agency law, as well as transactional lawyers and analysts of organizations in other fields. Its extensive critical analysis will benefit all those who use, study, and regulate modern legal organizations.
Securities law ; Third edition. by
Canadian securities law consists of an enduring core of fundamental principles that are refined, and sometimes shrouded, by a complex and constantly evolving body of technical details. This third edition, written by Christopher Nicholls — one of Canada’s foremost corporate and securities law experts — provides a solid grounding in the core securities law principles and helps the reader navigate the complex labyrinth of modern securities regulation. Securities Law surveys the essential building blocks of securities regulation: basic definitions, the public and exempt markets for securities, insider trading, continuous disclosure, enforcement, regulation of dealers and other securities industry professionals, and take-over and issuer bids. Discussion of these subjects is interwoven with thoughtful consideration of larger public policy issues. This book also explores the history of securities regulation and several recent topics, including, among others, the stalled initiatives aimed at trying to create a national cooperative capital market regulatory system in Canada; developments affecting dealers including the recent proposed consolidation of Canada’s two national securities industry self-regulatory organizations; impact of the 2021 Capital Markets Modernization Taskforce Report; changes introduced in Ontario by the Securities Commission Act, 2021; and the ongoing challenges posed by increasing shareholder activism and technological advances, including the regulatory challenges posed by cryptocurrencies and other digital assets."
Transitional Justice, Distributive Justice, and Transformative Constitutionalism by
Emerging from national pasts marred by violence, conflict, and injustice, South African and Colombian societies have sought to establish futures founded on equality, democracy, and constitutionalism. Transitional Justice, Distributive Justice, and Transformative Constitutionalism: Comparing Colombia and South Africa offers the first dedicated scholarly comparison of the two countries in relation to the intersecting ideas of transitional justice, distributive justice, and transformative constitutionalism. Featuring contributions by Colombian and South African authors, this volume richly examines each country from a range of thematic perspectives as the basis for deep reflection and comparison between them. Transitional Justice, Distributive Justice, and Transformative Constitutionalism brings together three interconnected concepts: the need for redress of past historical wrongs, the imperative to ensure fairness in the distribution of resources, and the commitment to law-governed social change mediated through a constitution. Part one explores innovative approaches to transitional justice that go beyond law, such as novel philosophical approaches to reconciliation, the use of art to address past wrongs, and the role of museums in memorialising the past. Part two considers one of the central components of transformative constitutionalism: socio-economic rights. It addresses the role of history in the interpretation of socio-economic rights and the procedural mechanisms that enable access to these rights. Part three looks at the development of legal structures designed to achieve both transitional and distributive justice in the areas of indigenous people's rights, procedural law, and international law. A timely work of innovative methodology and rare engagement between two constitutional democracies in the Global South, this title will be of interest to academics working in the fields of transitional justice, distributive justice, and transformative constitutionalism in Colombia and South Africa.
Visions of Cannabis Control by
Visions of Cannabis Control argues that cannabis prohibition is the result of moral panic that has been instigated, perpetuated, and sustained in ways that are difficult to dislodge. The book documents the history of these cannabis policies and explores the impact of issues such as racism, labelling, and stigmatization. Stan Cohen argued that reforms designed to replace carceral tendencies within correctional institutions can instead extend such approaches into our communities. The idea that criminal justice reforms often reproduce what they were intended to disrupt can be applied to the cannabis revolution currently underway around the world. Racial disparities in arrests persist, exacerbated by laws that make it legal to possess cannabis but illegal to consume it anywhere but in your home. In this book, the authors argue that too often, cannabis liberalization comes at the cost of expanding paternalistic public health models and abstention-based diversion programs. The goal of dismantling and disrupting illicit markets has undermined onerous regulations, anaemic marketing efforts, and failure to promote consumer-centred approaches. Emphasizing public health goals ahead of market conditions complicates legal cannabis as an industry. To understand the future of cannabis policy, Visions of Cannabis Control examines the experience of six countries and several US states through the lens of criminological theory, recent research, and practice. The book presents several solutions for responsible regulation concluding that sustaining reform will require a more inclusive approach ensuring those affected by cannabis policies are consulted, respected, and involved.
