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Laws and statutes, Criticism, Philosophy
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Die Normativität des Rechts wird niemand bestreiten – inwiefern das Literatursystem normativ ist, ist dagegen offen, obgleich die Poetik ‚Gesetze&‘…
kennt, die Gattungstheorie normativ argumentiert und die Literaturkritik nach bestimmten Kriterien urteilt. Dieser Band vergleicht Normativitäten von Recht und Literatur, fragt nach Spiegelungen, Gemeinsamkeiten und Unterschieden. Neben systematischen Differenzierungen im Feld normativer Begriffe werden Quellen von Normativität sowie Formen von Autorisierung diskutiert und nicht zuletzt die Möglichkeiten der Durchsetzung von Normen sowie Ressourcen, die Einzelne der Kraft der Normierung entgegenzusetzen vermögen.
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Computers and internet, Laws and statutes, Law and crime
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This book focuses on facial recognition technology (FRT) and sheds light on previously unexplored aspects that involve systematic legal issues…
concerning its regulation, the protection of rights and freedoms, the preservation of democracy and the rule of law. FRT employs cutting-edge AI systems capable of processing biometric data for identification, verification and categorization purposes. Although there have been huge strides in the research and development of these systems in the last few decades and computer scientists are following and supporting this evolution, legal scholars have only been investigating the implications for fundamental rights for the past few years. The introduction of new regulations (especially the European Union AI Act) have turned the debate on its head, putting FRT in the spotlight. However, there are still certain aspects that have not yet been explored but will be crucial in the coming years for the democratic, social, technical, ethical, and legal acceptance of this technology. The contributions gathered here address various legal approaches to FRT that are emerging at the global level. In this regard, they particularly examine how the distinction between private and public entities&’ use of – and consequently also their respective rules on – FRT is becoming increasingly unclear, as some of the latest cases show. Other chapters highlight some of the most challenging and controversial aspects of deploying FRT for specific purposes, such as emotion recognition, and in highly complex contexts, such as smart cities. Furthermore, the papers focus on legal issues stemming from the most recent proposals at the EU level, namely those regarding AI and cybersecurity.
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Laws and statutes
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The fifth volume of the Yearbook of Socio-Economic Constitutions (YSEC Yearbook) offers an in-depth exploration of socio-economic constitutionalism, a field…
gaining rapidly in importance as global economies shift. Established equilibria between economic freedoms and socio-political interests are under pressure. This volume addresses contemporary issues, illustrating the balances between constitutional principles, economic goals, and socio-political values. Bridging theory and practice, it begins with foundational theories, advances through national applications, and concludes with global challenges. At its core is the socio-economic constitution, with authors examining how different jurisdictions interpret and apply this concept. The initial chapters lay a theoretical foundation. The volume then explores national approaches (Belgium, France, Germany, South Africa, South Korea, Sweden, Switzerland and also the EU), showcasing how countries adapt socio-economic constitutional principles to their historical, cultural, and legal contexts. The volume explores then the interplay of different constitutional interests at EU and international level, e.g., the EU&’s balancing act between sustainability and consumer welfare when it comes to competition law or foreign investment screening at the intersection of economic security and national sovereignty. By moving from theory to national models and global issues, this YSEC volume offers a comprehensive contemporary view of socio-economic constitutionalism. It illustrates how constitutions are evolving to address today&’s challenges, blending economic, social, and environmental concerns within a constitutional framework. This work is essential for readers seeking to understand how socio-economic constitutional principles can bridge theory and practice in today&’s world.
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Laws and statutes, Law and crime
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This book explores a range of topics relating to the prosecution and trial of organised crime and the punishment, especially…
imprisonment, of members of organised criminal groups. Organised crime poses particular challenges to the criminal justice system. While much of the attention of policy-makers, legislators, law enforcement, and the media is on criminalisation and investigation, much less attention, including academic analysis, has been devoted to the unique problems posed by organised crime to criminal procedure and to the prison system. This book gives particular attention to the role and powers of prosecutors and the judiciary, measures relating to criminal proceedings, international cooperation, sentencing, and the situations in prisons. The book is intended to be a valuable guide for academics, researchers and policy-makers working in the areas of organised crime, international criminal justice, criminal procedures, and prisons.
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Laws and statutes, Politics and government, Law and crime, General non-fiction
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Drawing on Ireland as its primary case study, this book is an in- depth critical examination of how rights protection…
bodies and mechanisms are experienced by those in prison in Ireland.Through its analysis of the Irish experience, the book considers the implementation of, and challenges faced by, human rights protection within the prison context, and explores some of the reforms that Ireland has undertaken in this area over the past 15 years, including the introduction of a new complaint system and establishment of an Office of the Inspector of Prisons. Using a wealth of information gathered through interviews and surveys of participants in three male prisons, the book sets out personal experiences of such mechanisms and identifies the key barriers to effective rights protection.Offering a detailed presentation of the international framework for the protection of prisoners’ rights through oversight mechanisms, and proposing methods for overcoming common barriers, Overseeing Rights in Prison: The Irish Experience of Human Rights Protection in Prisons will be of interest to students and scholars of criminology, particularly in relation to prisons and human rights.
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Laws and statutes, Philosophy
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This book considers how, during the unprecedented global lockdown due to the Covid-19 pandemic, the normal order of everyday life,…
of the rule of law, of power itself was interrupted, and hence the nomos of this earth was suspended.Employing the term ‘herd immunity’ from vaccination science and global lockdown policy as a guiding theme, the book considers two central aspects of the pandemic. These are the function of herding and collecting as a definition of ontology after Alain Badiou, and the concept of immunity as a suspension of oppositional differences in the work of Roberto Esposito. It then considers how herd immunity not only disrupts the nomos but also suspends its significance as a guiding principle of state-sanctioned legal norms—and perhaps permanently. Providing critical readings of masking, social distancing, compliance, vulnerability, bubbles, immunity, breathing, anti-vaxxers, nudge theory, cocooning, lockdown, patient zero, and the many other terms that became commonplace between 2020 and 2022, the book traces a suspension of legal and social norms, a manipulation of our compliance using false science, and a reconfiguring of the social nomos, in light of the threats of the virus. In a highly original mix of contemporary and post-war continental philosophy, biopolitical theory, set theoretical mathematics, extensional logic, and the most up-to-date science in the area, it argues that lockdown was not some global, biopolitical power grab, but actually a weakening of power, of nomos.This book will appeal to scholars and others in a range of disciplinary areas with interests in the legacy of Covid; but especially those working in the areas of continental philosophy, contemporary legal theory, and biopolitics.
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Laws and statutes
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This book analyses the impact of CAFTA-DR and European Free Trade Agreements on the industrial property system in Central America.…
While there is ample literature on bilateral and regional FTAs, it is often limited to the contractual obligations assumed by the participating countries. This book goes a step further and analyses how these obligations are implemented through national legislation, institutional changes and legal practice. To provide a deeper understanding of the effects of FTAs on national IP systems, the book addresses research questions that go beyond general publications on the topic. Research questions include: Is the combination of market access and IP rules in a bilateral FTA an effective and appropriate trade deal? How are the IP requirements under the FTAs implemented into the national statutory framework? Do the IP rules of FTAs sufficiently address institutional factors necessary for an effective IP system? Do they provide for an appropriate balance between minimum protection and flexibilities and support relevant IP policy objectives? The book covers the CAFTA-DR member states Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras and Nicaragua, reviewing the implementation of FTA obligations regarding patents, plant varieties, test data, trademarks, geographical indications, designs, genetic resources and traditional knowledge, enforcement and other areas. By looking at several countries, a broad range of IP rights and the practical implementation of FTA obligations, this book provides a broad range of information and insights.
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Laws and statutes
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A central concept in international human rights law and many national constitutions is human dignity. Departing from established approaches to…
dignity in philosophy and legal theory, Susan Marks takes dignity in everyday life ('dignified care', 'dignity in the workplace', etc.) as a starting point for reconsidering the concept's history and significance. The result is a highly original work which gives particular attention to colonial and post-colonial engagements with dignity, and emphasises the character of human dignity as not just an idea or abstract value, but also a lived experience that cannot be understood without reference to social structures and the inequalities and hierarchies they reproduce. If dignity is an attribute which all human beings possess purely by virtue of being human, Marks shows that it is also an element within the systemic operations of privilege and power.
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Laws and statutes
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This volume explores climate litigation as a means to tackle the rights and socio-ecological, intergenerational, gender, racial, and other justice…
implications of the ever-growing vulnerability to climate change, whilst critically engaging with the notions of vulnerability and intersectional climate justice.With insightful analysis, thought-provoking case studies, and a global perspective, the collection illustrates the opportunities and pitfalls of litigation pursued by people from the Global South who face intersecting forms of oppression and marginalisation amidst the climate crisis. Contributors discuss litigation strategy, novel legal arguments, institutional barriers, and unique socio-ecological and political challenges in the Global South. Divided into two parts, the book recognises that climate change is an existential threat to humanity more frequently being tackled in courts worldwide. The first part exposes the limits of litigation as a mechanism for intersectional climate justice for vulnerable people in the Global South. The second part highlights innovations in climate litigation in pursuit of intersectional climate justice.The book will be of interest to academics, researchers, and policymakers in the areas of human rights law, environmental law, climate law, Latin American studies, South Asian studies, and African studies.
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Laws and statutes
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This book is a comprehensive guide for legal, business, and technology professionals seeking to understand the intersection of sustainability and…
emerging technologies in the legal ecosystem. The book takes a critical look at the role of AI and cloud technologies in promoting sustainable legal practices and addresses the potential risks and ethical considerations associated with these technologies. The book explores the concept of sustainability in a legal context, highlighting the need for the legal system to sustain itself in order to sustain society at large. The chapters cover a wide range of topics, from the use of generative AI and open legal data to promote access to justice, to the codification of corporate cultural intelligence to mitigate risks associated with AI. The book also addresses the potential dark side of AI in the legal market, including the risks of autonomy, liability, legal, and ethical issues that arise when using AI in legal decision-making processes. The authors explore the need for sustainable digital transformation as a prerequisite for sustainable law, highlighting the importance of understanding the ethical and legal implications of AI in the legal system.
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History, Laws and statutes, Law and crime, General non-fiction
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Uncovering the origins of the new sentencing structure that emerged in the course of the nineteenth century, this book travels…
from the demise of the "Bloody Code" in the 1830s, through the mid-century transition from convict transportation to home-based penal servitude, and on to the remarkable and unprecedented mitigation of sentencing severity in the final two decades of the century.By providing such an extended span of analysis, this book reveals the discrete stages of development in sentencing policy and practice, and particularly the contribution of the small coterie of professional judges at the county Assizes, the Old Bailey (or Central Criminal Court), and the Middlesex Sessions, around whose sentencing decisions the study revolves. In consequence, readers are offered an overarching survey of the nineteenth-century trends in sentencing, including an account of the struggle between politicians, mandarins, and judges for supremacy in sentencing, along with a detailed explanation of that remarkable mitigation of sentencing severity that ultimately defined a new equation between crime and punishment, or the modern sentencing tariff.Judges and Convicts: The Principles and Patterns of Criminal Sentencing in Victorian England will be of great appeal to students and scholars of history, law, criminology, and sociology, particularly to those with an interest in the history of the criminal trial, the judiciary, punishment, and sentencing.
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Business and economics, Laws and statutes
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This book provides a practical and intuitive view of how European banks manage asset-liability mismatch risk from both a practitioner…
and supervisory perspective. After a prolonged period of zero interest rate policy (ZIRP) by central banks around the world, the period from Q1 2022 to Q2 2023 has seen the largest, fastest, and most widespread increase in interest rates since the 1980s, with 1-year euro yields rising by more than 400 bp. The recent market turmoil has exposed the increased vulnerability of banks, particularly those with significant exposures to long-term, fixed income assets, fueled by shorter-term, less stable funding. This challenging interest rate environment reinforces the strategic importance of asset-liability management (ALM) for banks. Indeed, a bank's survival now depends more than ever on prudent ALM. This book introduces the most common components of interest rate risk management within a bank's asset-liability management framework, including the concepts of economic value of equity (EVE), net interest income (NII), funds transfer pricing (FTP), and the replicating model. In addition to bridging the gap between widely used general interest rate risk management techniques in the fixed income area and what is best practice in European banks, the book also provides an update on recent changes in the regulatory framework for European banks' management of interest rate risk in the banking book (IRRBB), including new EBA guidelines. It also covers the latest developments in interest rate risk management, such as rapidly changing interest rates and modeling bank customers' behavior.
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Business and economics, Laws and statutes
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This text provides students and instructors with an in-depth exploration into the management of single-family homes, manufactured home parks, and…
multi-family residences. It examines the essential principles and practices that underpin effective property management, providing a historical overview of the property management profession. The author also provides detailed discussions on the responsibilities of managing various types of residential properties, including themes such as development and implementation of maintenance plans, legal compliance, financial management, and risk migration. In addition, the book offers practical application, legal aspects of property management, and technological advances in the field, highlighting modern tools to streamline operations and enhance communications. Featuring learning objectives, key terms, review questions, and practical examples for effective teaching and learning, this text provides students with a thorough grounding in both the theoretical and practical aspects of residential property management, preparing them for real world-challenges.
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Laws and statutes, Politics and government, General non-fiction
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A clear and concise A-to-Z of keywords that echo our current human rights crisisAs millions are forced to leave their…
nations of origin as a result of political, economic, and environmental peril, rising racism and xenophobia have led to increasingly harsh policies. A mass-mediated political circus obscures both histories of migration and longstanding definitions of words for people on the move, fomenting widespread linguistic confusion. Under this circus tent, there is no regard for history, legal advocacy, or jurisprudence. Yet in a world where the differences between “undocumented migrant” and “asylum seeker” can mean life or death, words have weighty consequences. A timely antidote to this circus, A is for Asylum Seeker reframes key words that describe people on the move. Written to correct the de-meaning of terms by rhetoric and policies based on dehumanization and profitable incarceration, this glossary provides an intersectional and historically grounded consideration of the words deployed in enflamed debate. Skipping some letters of the alphabet while repeating others, thirty terms cover everything from Asylum-seeker to Zero Tolerance Policy. Each entry begins with a contemporary or historical story for illustration and then proceeds to discuss the language politics of the word. The book balances terms affected by current political debates—such as “migrant,” “refugee,” and “illegal alien”—and terms that offer historical context to these controversies, such as “fugitive,” “unhoused,” and “vagrant.”Rendered in both English and Spanish, this book offers a unique perspective on the journeys, histories, challenges, and aspirations of people on the move. Enhancing the book’s utility as an educational and organizing resource, the author provides a list of works for further reading as well as a directory of immigration-advocacy organizations throughout the United States.*****Un claro y breve abecedario de palabras clave que hacen eco en nuestra crisis humanitaria presente. Mientras millones son forzados de huir de sus naciones de origen debido a peligro político, económico, y ecológico, racismo y xenofobia han llevado a políticas más y más severas. Un circo político en los medios oculta a ambas las historias de inmigración y las definiciones antiguas de palabras para personas en movimiento, creando confusión lingüística amplia. Bajo esta carpa de circo, no hay consideración para historia, defensa legal, o jurisprudencia. Pero en un mundo donde las diferencias entre “migrante indocumentade” y “solicitante de asilo” pueden ser la diferencia entre vida y muerte, palabras tienen consecuencias graves. Un antídoto oportuno a este circo, A de Asilo re-enmarca palabras claves que describen a personas en movimiento. Escrito para corregir la de-significación de términos por retórica y políticas basadas en deshumanización y encarcelación lucrosa, este glosario provee una consideración interseccional e histórica de las palabras usadas en debate inflamado. Brincando a unas letras del alfabeto mientras repite a otras, treinta términos cubren todo desde Asilo a Tolerancia Cero. Cada artículo empieza con una historia contemporánea u histórica para ilustrar, y después discute la política alrededor de la palabra. El libro balancea términos impactados por debates políticos contemporáneos—como “migrante,” “refugiado” y “extranjero ilegal”—y términos que ofrecen contexto histórico a estas controversias, como “fugitivo” “sin casa” y “vagante.”Escrito en inglés y español, este libro ofrece una perspectiva única en las jornadas, historias, retos, y aspiraciones de personas en movimiento. Aumentando la utilidad del libro como un recurso educacional y organizacional, la autora provee una lista de obras para más lectura, igual que un directorio de organizaciones de defensa de inmigrantes a través de los Estados Unidos.
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Laws and statutes, Politics and government, General non-fiction
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For many inside and outside the legal academy, the right place to look for law is in constitutions, statutes, and…
judicial opinions. This book looks for law in the “wrong places”—sites and spaces in which no formal law appears. These may be geographic regions beyond the reach of law, everyday practices ungoverned or ungovernable by law, or works of art that have escaped law’s constraints.Looking for Law in All the Wrong Places brings together essays by leading scholars of anthropology, cultural studies, history, law, literature, political science, race and ethnic studies, religion, and rhetoric, to look at law from the standpoint of the humanities. Beyond showing law to be determined by or determinative of distinct cultural phenomena, the contributors show how law is itself interwoven with language, text, image, and culture.Many essays in this volume look for law precisely in the kinds of “wrong places” where there appears to be no law. They find in these places not only reflections and remains of law, but also rules and practices that seem indistinguishable from law and raise challenging questions about the locations of law and about law’s meaning and function. Other essays do the opposite: rather than looking for law in places where law does not obviously appear, they look in statute books and courtrooms from perspectives that are usually presumed to have nothing to say about law.Looking at law sideways, or upside down, or inside out defamiliarizes law. These essays show what legal understanding can gain when law is denied its ostensibly proper domain.Contributors: Kathryn Abrams, Daniel Boyarin, Wendy Brown, Marianne Constable, Samera Esmeir, Daniel Fisher, Sara Ludin, Saba Mahmood, Rebecca McLennan, Ramona Naddaff, Beth Piatote, Sarah Song, Christopher Tomlins, Leti Volpp, Bryan Wagner
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Asian history, Laws and statutes, Politics and government
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Honorable Mention, Bernard S. Cohn Book PrizeAn ethnography of terrorism trials in Delhi, India, this book explores what modes of…
life are made possible in the everyday experience of the courtroom. Mayur Suresh shows how legal procedures and technicalities become the modes through which courtrooms are made habitable. Where India’s terror trials have come to be understood by way of the expansion of the security state and displays of Hindu nationalism, Suresh elaborates how they are experienced by defendants in a quite different way, through a minute engagement with legal technicalities.Amidst the grinding terror trials—which are replete with stories of torture, illegal detention and fabricated charges—defendants school themselves in legal procedures, became adept petition writers, build friendships with police officials, cultivate cautious faith in the courts and express a deep sense of betrayal when this trust is belied. Though seemingly mundane, legal technicalities are fraught and highly contested, and acquire urgent ethical qualities in the life of a trial: the file becomes a space in which the world can be made or unmade, the petition a way of imagining a future, and investigative and courtroom procedures enable the unexpected formation of close relationships between police and terror-accused.In attending to the ways in which legal technicalities are made to work in everyday interactions among lawyers, judges, accused terrorists, and police, Suresh shows how human expressiveness, creativity and vulnerability emerge through the law.
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Laws and statutes, Politics and government, Customs and cultures
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Against the Carceral Archive is a meditation upon what author Damien M. Sojoyner calls the “carceral archival project,” offering a…
distillation of critical, theoretical, and activist work of prison abolitionists over the past three decades. Working from collections at the Southern California Library (Black Panthers, LA Chapter; the Coalition Against Police Abuse; Urban Policy Research Institute; Mothers Reclaiming Our Children; and the collection of geographer Clyde Woods), it builds upon theories of the archive to examine carcerality as the dominant mode of state governance over Black populations in the United States since the 1960s.Each chapter takes up an element of the carceral archive and its destabilization, destruction, and containment of Black life: its notion of the human and the production of “pejorative blackness,” the intimate connection between police and military in the protection of racial capitalism and its fossil fuel–based economy, the role of technology in counterintelligence, and counterinsurgency logics. Importantly, each chapter also emphasizes the carceral archive’s fundamental failure to destroy “Black communal logics” and radical Black forms of knowledge production, both of which contest the carceral archive and create other forms of life in its midst. Concluding with a statement on the reckoning with the radical traditions of thought and being which liberation requires, Sojoyner offers a compelling argument for how the centering of Blackness enables a structuring of the mind that refuses the violent exploitative tendencies of Western epistemological traditions as viable life-affirming practices.
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Laws and statutes
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Available in a new digital edition with reflowable text suitable for e-readersThe presidency is hazardous to your health. Fully two-thirds…
of our presidents have died before reaching their life-expectancy- despite being wealthier, better educated, and better cared for that most Americans. In Mortal Presidency, the first complete account of death and illness in the White House, Robert E. Gilbert looks at modern presidents including Coolidge, FDR, Eisenhower, Kennedy, and Reagan. He shows- in some cases, for the first time- that all suffered from debilitating medical problems, physical and/or psychological, which they frequently managed to conceal from the public but which, in important ways, affected their political lives. This edition is updated to include a brief look at Presidents Clinton and Bush, both of whom suffered sudden and unpleasant indispositions while in office which to some degree affected their presidencies.
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Laws and statutes, Criticism, Politics and government
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Populism in politics and policy orientations in law have thrown the jurisdiction of the academy and the disciplines of interpretation…
into disarray. Critique flounders in abstraction and negativity, law loses itself in particularity. Administering Interpretation brings together philosophers, humanists, and jurists from both continental and Anglophone jurisdictions to reassess the status and trajectory of interpretative theory as applied in the art of law. Tracking the thread of philosophical influences upon the community of legal interpretation, the essays move from the translation and wake of Derrida to the work of Agamben, from deconstruction to oikononmia. Sharing roots in the philological excavation of the political theology of modern law, contributors assess the failure of secularism and the continuing theological borrowings of juridical interpretation. The book brings contemporary critique to bear upon the interpretative apparatuses of exclusion, the law of spectacular sovereignty, and the bodies that lie in its wake.Contributors: Giovanna Borradori, Marinos Diamantides, Allen Feldman, Stanley Fish, Pierre Legrand, Bernadette Meyler, Michel Rosenfeld, Bernhard Schlink, Jeanne Schroeder, Laurent de Sutter, Katrin Trüstedt, Marco Wan
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Laws and statutes
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This book represents the distinguished Sonnett lecture series sponsored by Fordham’s Law School that has taken place for the last…
45 years. In this collection, U.S. Supreme Court Justices, a Lord Chancellor of England, three Chief Justices of Ireland, a Chief Justice of South Africa, a President of the Supreme Court of Israel, and other leading judges and lawyers examine common law–based legal systems and underlying principles. The lectures encourage attorneys and society to improve the training of lawyers, respect the independence of the judiciary, place ethics at the forefront, question the efficacy of the criminal justice system, and explore the complex philosophical issues facing the judiciary.Taken as a whole, these lectures are a prescription for improvements and innovations throughout the legal system. The lectures were delivered by judges and lawyers who were involved in many of the most significant cases of the last half-century that strengthened individual rights and promoted access to justice. Each finds its deepest meaning in advancing the theme of Fordham Law School: “In the Service of Others.”