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There exists today a fast growing availability of personal genetic information. Its prognostic impact and value for an individual or…
family member's health is sometimes unclear, whilst at other times it is clear-cut. The issue of whether to disclose genetic information does however have wide ranging implications. Avoiding the rhetoric of 'genetic exceptionalism', and drawing on an expanded field of bioethical, sociological and anthropological research, this book sets a new agenda for discussing the ethics surrounding the disclosure of prognostic genetic information. A hermeneutical approach reconsiders the ethics of disclosure in a variety of contexts in which genetic information is generated, requested, interpreted or communicated - from the provider perspective, but also from the moral perspectives of clients and their families. It is in situations of disclosure, in these different contexts, that genetic information meets morality. Providers and recipients can become vulnerable to the revelation or concealment of information, and the forms in which it may be provided. Disclosure Dilemmas invites readers to explore these contexts from an ethical viewpoint and will be a valuable resource for anyone with an interest in biomedical ethics.Bringing together theoretical, empirical and comparative perspectives on the European Social Model (ESM) and transitional labour market policy, this volume…
contains theoretical accounts of the ESM and a discussion of policy implications for European social and employment policies that derive from research on transitional labour markets. It provides an economic as well as legal assessment of the European Employment Strategy and contains evaluations of new forms of governance both in European and member state policies, including discussions of the potential and limits of soft law instruments. Country studies of labour market reforms in Denmark, the Netherlands, Belgium and France assess their contribution to an emerging ESM, while comparative accounts of the ESM examine mobility and security patterns in Europe and beyond and evaluate recent 'flexicurity' policies from a global perspective.There is a widespread perception that even when lawyers are acting squarely within their roles, being good lawyers, they display…
the vices of dishonesty and deviousness. At the heart of the perception is the so called standard conception of the lawyer’s role according to which lawyers owe special duties to their clients which render permissible, or even mandatory, acts that would otherwise count as morally impermissible. Many have concluded that the standard conception should be set aside. This book suggests that the moral implications of the standard conception are often mischaracterised. Critics suggest that the conception requires lawyers to secure any advantage the law can be made to give. But Dare offers a moral argument for the conception, according to which it justifies a more limited and moderate sphere of professional conduct than is normally supposed, allowing lawyers to preserve their integrity while giving proper weight to the role-differentiated permissions and obligations of their roles.Domestic Deployment of the Armed Forces: Military Powers, Law and Human Rights (International And Comparative Criminal Justice Ser.)
By Scott Mann, Michael Head. 2009
Until recently, internal use of the armed forces has been generally regarded by the public, as well as academic commentators,…
as conduct to be expected of a military or autocratic regime, not a democratic government. There is however growing concern that the 'war on terror' has been used to condition public opinion to accept the internal deployment of the armed forces, including for broader industrial and political purposes. This book examines the national and international law, human rights and civil liberties issues involved in governments calling out troops to deal with civil unrest or terrorism. As the introduction of military call-out legislation has become an emerging global trend in the opening years of the 21st century, there is considerable and growing interest in the constitutional and related problems surrounding the deployment of military forces for domestic purposes. Examining the changes underway in six comparable countries, the United States, Canada, Britain, Germany, Japan and Australia, this book provides a review and analysis of this trend, including its implications for legal and political rights.Children of almost any age can break the law, but at what age should children first face the possibility of…
criminal responsibility for their alleged crimes? This work is the first global analysis of national minimum ages of criminal responsibility (MACRs), the international legal obligations that surround them, and the principal considerations for establishing and implementing respective age limits. Taking an international children's rights approach, with a rich theoretical framework and the vitality of the UN Convention on the Rights of the Child, this work maintains a critical perspective, such as in challenging the assumptions of many children's rights scholars and advocates. Compiling the age limits and statutory sources for all countries, this book explains the broad historical origins behind most of them, identifying the recurring practical challenges that affect every country and providing the first comprehensive evidence that a general principle of international law requires all nations, regardless of their treaty ratifications, to establish respective minimum age limits.Housing America: Building Out of a Crisis (Independent Studies In Political Economy Ser.)
By Benjamin Powell, Randall G. Holcombe. 2009
Housing policy not only aff ects all Americans' quality of life, but has a direct impact on their fi nancial…
well being. About 70 percent of American households own their own homes, and for most, their homes represent the majority of their net worth. Renters are aff ected by housing policy. Even the small minority of Americans who are homeless are aff ected by housing policies specifi cally targeted to low-income individuals.The government's increasing involvement in housing markets, fed by popular demand that government "do something" to address real problems of mortgage defaults and loans, provides good reason to take a new look at the public sector in housing markets. Crises in prime mortgage lending may lower the cost of housing, but the poor and homeless cannot benefi t because of increases in unemployment. Even the private market is heavily regulated. Government policies dictate whether people can build new housing on their land, what type of housing they can build, the terms allowed in rental contracts, and much more.This volume considers the eff ects of government housing policies and what can be done to make them work better. It shows that many problems are the result of government rules and regulations. Even in a time of foreclosures, the market can still do a crucial a job of allocating resources, just as it does in other markets. Consequently, the appropriate policy response may well be to signifi cantly reduce, not increase, government presence in housing markets. Housing America is a courageous and comprehensive eff ort to examine housing policies in the United States and to show how such policies aff ect the housing market.Free Speech in the New Media (Library of Essays in Media Law)
By Thomas Gibbons. 2009
This volume deals with questions of political and constitutional principle and theory that affect the law and regulation of content…
in new media that are based on digital technology. In the light of convergence between different forms of communication, it examines whether the justifications for government intervention in traditional analogue broadcasting and programme delivery continue to be persuasive. The essays examine in general whether new approaches to freedom of expression are required in the digital era and whether there is a continued role for public service broadcasting or its equivalent. They also explore content standards in more detail, discussing arguments for and against regulation in the areas of beliefs, indecency and advertising and whether there is a case for the European Union's measures to secure "Television without Frontiers".Affordable Housing and Public-Private Partnerships (Law, Property and Society)
By Nestor M. Davidson. 2009
With distressing statistics about rising cost burdens, increasing foreclosure rates, rising unemployment, falling wages, and widespread homelessness, building affordable housing…
is one of our most pressing social policy problems. Affordable Housing and Public-Private Partnerships focuses attention on this critical need, as leading experts on affordable housing law and policy come together to address key issues of concern and to suggest appropriate responses for future action. Focusing in particular on how best to understand and implement the joint work of public and private actors in housing, this book considers the real estate aspects of affordable housing law and policy, access to housing, housing finance and affordability, land use, housing regulation and housing issues in a post-Katrina context. Filling a critical gap in the scholarly literature available, this book will be of particular interest to policy-makers, academics, lawyers and students of housing, land use, real estate, property, community development and urban planningMacCormick's `Institutions of Law' is the culmination of a lifetime's work in legal theory by one of the world's most…
respected legal theorists. Featuring an impressive collection of contributions from well-known legal theorists from around the world, all of whom are familiar with MacCormick’s work, this collection provides a cutting edge account of the book’s significance.The 'Militant Democracy' Principle in Modern Democracies
By Markus Thiel. 2009
This collection provides an up-to-date analysis of key country approaches to Militant Democracy. Featuring contributions from some of the key…
people working in this area, including Mark Tushnet and Helen Irving, each chapter presents a stocktaking of the legal measures to protect the democracy against its enemies within. In addition to providing a description of the country's view of Militant Democracy and the current situation, it also examines the legal and political provisions to defend the democratic structure against attacks. The discussion also presents proposals for the development of the Militant Democracy principle or its alternatives in policy and legal practice. In the final chapter the editor compares the different arrangements and formulates a minimum consensus as to what measures are indispensable to protect a democracy. Highly topical, this book is a valuable resource for students, academics and policy-makers concerned with democratic principles.Criminal Law and Its Processes: Cases and Materials (Aspen Casebook)
By Sanford H. Kadish, Stephen J. Schulhofer, Rachel E. Barkow. 2017
From a preeminent authorship team, Criminal Law and its Processes: Cases and Materials, Tenth Edition, continues in the tradition of…
its best-selling predecessors by providing students not only with a cohesive policy framework through which they can understand and examine the use of criminal laws as a means for social control but also analytic tools to understand and apply important criminal law doctrines. Instead of presenting the elements of various crimes in a disjointed fashion, Criminal Law and its Processes: Cases and Materials focuses on having students develop a nuanced understanding of the underlying principles, rules, and policy rationales that inform all criminal laws. A cases-and-notes pedagogy along with scholarly excerpts, questions, and notes, provides students with a rich foundation for not only the academic examination of criminal laws but also the application of the law to real-world scenarios.Asking the Earth: Farms, Forestry and Survival in India (Natural Resource Management Set)
By Jeremy Seabrook, Winin Pereira. 2009
The need to produce food without the destructive chemical horrors of much modern farming, for an intelligent use of dwindling…
natural resources and for humane forms of production is universal, the practice is limited. This book is an account of one, large, instance of success in practice. Twenty-five years ago, Winin Pereira, a nuclear physicist abandoned academia to start a co-operative farm at Alonde in a tribal area north of Bombay. The group experienced, and finally discarded, all the false hopes and promises of Western originated forms of development: ploughs that ploughed too deep, irrigation systems that lowered water tables, fertilizers and pesticides which managed the earth and became so expensive that poorer farmers were dispossessed. Instead they learnt from the adivasai, or tribal people, who have nurtured or been nurtured by foresets for millennia, ways of applying popular knowledge to contemporary problems. This book is a combination of Pereira's record of achievement of sustainable livelihoods and an account of the farm and its effect on the India around it by a leading British journalist. Originally published in 1991What Is Right for Children?: The Competing Paradigms of Religion and Human Rights
By Martha Albertson Fineman, Karen Worthington. 2009
Combining feminist legal theory with international human rights concepts, this book examines the presence, participation and treatment of children in…
a variety of contexts. Specifically, through comparing legal developments in the US with legal developments in countries where the views that children are separate from their families and potentially in need of state protection are more widely accepted. The authors address the role of religion in shaping attitudes about parental rights in the US, with particular emphasis upon the fundamentalist belief in natural lines of familial authority. Such beliefs have provoked powerful resistance in the US to human rights approaches that view the child as an independent rights holder and the state as obligated to proved services and protections that are distinctly child-centred. Calling for a rebalancing of relationships within the US family, to become more consistent with emerging human rights norms, this collection contains both theoretical debates about and practical approaches to granting positive rights to children.Legal Evidence and Proof: Statistics, Stories, Logic (Applied Legal Philosophy)
By Bart Verheij, Hendrik Kaptein, Henry Prakken. 2009
As a result of recent scandals concerning evidence and proof in the administration of criminal justice - ranging from innocent…
people on death row in the United States to misuse of statistics leading to wrongful convictions in The Netherlands and elsewhere - inquiries into the logic of evidence and proof have taken on a new urgency both in an academic and practical sense. This study presents a broad perspective on logic by focusing on inference not just in isolation but as embedded in contexts of procedure and investigation. With special attention being paid to recent developments in Artificial Intelligence and the Law, specifically related to evidentiary reasoning, this book provides clarification of problems of logic and argumentation in relation to evidence and proof. As the vast majority of legal conflicts relate to contested facts, rather than contested law, this volume concerning facts as prime determinants of legal decisions presents an important contribution to the field for both scholars and practitioners.The Nexus of Law and Biology: New Ethical Challenges (Law, Justice And Power Ser.)
By Barbara Ann Hocking. 2009
Although law and science have interacted for centuries, today their interactions pose enormous challenges. These challenges are reflected in issues…
ranging from reproductive technology and resource conservation, to genetic technology and biological warfare. The emerging dialogue is complex and requires an ongoing re-thinking of general principles, such as expert biological evidence, which features in a wide range of legal contexts, and including medical law, torts, crime and intellectual property. Studying the many ways in which law and biology come together in many areas of contemporary life, The Nexus of Law and Biology: New Ethical Challenges explores the juridical uses of biological sciences to illuminate key issues and contemporary intersections, arguing that each of several disciplines must communicate with one another, recognizing a common ground in ethics. Featuring an impressive list of contributors, this book is an invaluable reference for legal scholars, students, practising lawyers and scientists engaged with the legal system.Taking the North-East Atlantic Ocean as an example of regional practice, this book addresses the dual approach to ocean governance…
in international law. It examines the interaction between zonal and integrated management approaches and the conservation of marine living resources and marine biological diversity. The study examines the limitations of the traditional zonal approach and suggests new possibilities for conformity between sovereign states, international law and sustainable development.Bioequity – Property and the Human Body (Medical Law And Ethics Ser.)
By Nils Hoppe. 2009
Recent scandals involving the use of human body parts have highlighted the need for legal clarification surrounding property law and…
the use of human tissue. This book advances the notion that the legal basis for dealing with this is already available in the law but has thus far neither been used nor discussed. Proposing an alternative approach to constructing entitlements in human tissue and resolving resulting property conflicts, a new methodology is also advanced for abstracting different concepts within the debate which enables comparison and distinction between different cases of entitlement and retention.A Social History of Company Law: Great Britain and the Australian Colonies 1854–1920
By Rob McQueen. 2009
The history of incorporations legislation and its administration is intimately tied to changes in social beliefs in respect to the…
role and purpose of the corporation. By studying the evolution of the corporate form in Britain and a number of its colonial possessions, the book illuminates debates on key concepts including the meanings of laissez faire, freedom of commerce, the notion of corporate responsibility and the role of the state in the regulation of business. In doing so, A Social History of Company Law advances our understanding of the shape, effectiveness and deficiencies of modern regulatory regimes, and will be of much interest to a wide circle of scholars.Intellectual Property, Medicine and Health examines critical issues and debates including access to knowledge and medicinal products, human rights and…
development, innovations in life technologies and the possibility for ethical frameworks for intellectual property law and its application in public health. The central question of trust and the beneficial interests of society in the use of products of intellectual property, particularly in the fulfillment of the right to access medicinal products, emerge as key to achieving meaningful access to knowledge in health and medicine and the realization of relevant and equitable use of the benefits of scientific research in all societies.This study explores the reasons behind the different responses of the legal systems of Europe, Japan and the USA in…
coping with BSE, one of the major food safety crises in recent years. Making reference to the most recent advances on risk perception that cognitive and social sciences, such as legal anthropology and sociology of law, have experimented with, Risk Perception, Culture, and Legal Change examines the role that culture plays in moulding the process of legal change. Attention is focused on the regulative frameworks implemented to guarantee the safety of the food chain against the BSE menace and on the liability responses sketched to compensate the victims of mad cow disease, showing how both these elements have been influenced by the cultural context within which they are situated.