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History, Laws and statutes
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This edited collection illustrates contestations over land and political authority in South Africa’s rural areas, focusing on threats to popular rights and how they are being supported.
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Laws and statutes
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The notion of the author as the creator and therefore the first owner of a work is deeply rooted both…
in our economic system and in our concept of the individual. But this concept of authorship is modern. Mark Rose traces the formation of copyright in eighteenth-century Britain—and in the process highlights still current issues of intellectual property. Authors and Owners is at once a fascinating look at an important episode in legal history and a significant contribution to literary and cultural history.
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Laws and statutes, Law and crime
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The development of crime policy in the United States for many generations has been hampered by a drastic shortage of…
knowledge and data, an excess of partisanship and instinctual responses, and a one-way tendency to expand the criminal justice system. Even if a three-decade pattern of prison growth came to a full stop in the early 2000s, the current decade will be by far the most punitive in U.S. history, hitting some minority communities particularly hard. The book examines the history, scope, and effects of the revolution in America's response to crime since 1970. Henry Ruth and Kevin Reitz offer a comprehensive, long-term, pragmatic approach to increase public understanding of and find improvements in the nation's response to crime. Concentrating on meaningful areas for change in policing, sentencing, guns, drugs, and juvenile crime, they discuss such topics as new priorities for the use of incarceration; aggressive policing; the war on drugs; the need to switch the gun control debate to a focus on crime gun regulation; a new focus on offenders' transition from confinement to freedom; and the role of private enterprise. A book that rejects traditional liberal and conservative outlooks, The Challenge of Crime takes a major step in offering new approaches for the nation's responses to crime.
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Laws and statutes
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Arguing that the translation of scientific and technical learning materials, and the publication of these translations in a timely and…
affordable manner, is crucially important in promoting access to scientific and technical knowledge in the developing world, this book examines the relationship between copyright law, translation and access to knowledge. Taking Sri Lanka as a case study in comparison with India and Bangladesh, it identifies factors that have contributed to the unfavourable relationship between copyright law and the timely and affordable translation of scientific and technical learning materials, such as colonisation, international copyright law, the trade interests of the developing economies and a lack of expertise and general lack of awareness surrounding copyright law in the developing world. Highlighting the need to reform international copyright law to promote the needs and interests of developing countries such as Sri Lanka, the book points to a possible way forward for developing countries to achieve this and to address the problem of striking a proper and delicate balance in their copyright laws between the protection of translation rights and the ability of people to access translations of copyright protected scientific and technical learning materials.
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Laws and statutes
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Many of Carl Schmitt's major works have by now been translated, with two notable exceptions: Schmitt's two early monographs Statute…
and Judgment (first published in 1912) and The Value of the State and the Significance of the Individual (first published in 1914). In these two works Schmitt presents a theory of adjudication as well as an account of the state's role in the realization of the rule of law, which together form the theoretical basis on which Schmitt later developed his political and constitutional theory. This new book makes these two key texts available in English translation for the first time, together with an introduction that relates the texts to their historical context, to Schmitt's other works, and to contemporary discussions in legal and constitutional theory.
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Laws and statutes, Philosophy, Law and crime
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This book argues for a mixed theory of legal punishment that treats both crime reduction and retribution as important aims…
of the state. A central question in the philosophy of law is why the state’s punishment of its own citizens is justified. Traditionally, two theories of punishment have dominated the field: consequentialism and retributivism. According to consequentialism, punishment is justified when it maximizes positive outcomes. According to retributivism, criminals should be punished because they deserve it. This book recognizes the strength of both positions. According to the two-tiered model, the institution of punishment and statutory penalties, as set by the legislature, are justified based on their costs and benefits, in terms of deterrence and rehabilitation. The law exists to preserve the public order. Criminal courts, by contrast, determine who is punished and how much based on what offenders deserve. The courts express the community’s collective sense of resentment at being wronged. This book supports the two-tiered model by showing that it accords with our moral intuitions, commonly held (compatibilist) theories of freedom, and assumptions about how the extent of our knowledge affects our obligations. It engages classic and contemporary work in the philosophy of law and explains the theory’s advantages over competing approaches from retributivists and other mixed theorists. The book also defends consequentialism against a longstanding objection that the social sciences give us little guidance regarding which policies to adopt. Drawing on recent criminological research, the two-tiered model can help us to address some of our most pressing social issues, including the death penalty, drug policy, and mass incarceration. This book will be of interest to philosophers, legal scholars, policymakers, and social scientists, especially criminologists, economists, and political scientists.
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Laws and statutes, Environment
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This book presents a legal genealogy of biodiversity – of its strategic use before and after the adoption of the…
Convention on Biological Diversity, 1993. This history of ‘genetic gold’ details how, with the aid of international law, the idea of biodiversity has been instrumentalized towards political and economic aims. A study of the strategic utility of biodiversity, rather than the utility of its protection under international law, the book’s focus is not, therefore, on the sustainable or non-sustainable use of biodiversity as a natural resource, but rather on its historical use as an intellectual resource. Although biodiversity is still not being effectively conserved, nor sustainably used, the Convention on Biological Diversity and its parent regime persists, now after several decades of operation. This book provides the comprehensive answer to the question of the convention’s continued existence. Drawing from environmental history, the philosophy of science, political economy and development studies, this book will be of interest to advanced undergraduate and postgraduate students in Environmental Law, International Law, Environmental Studies, and Ecology.
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Laws and statutes
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Scholars puzzle over the conditions that make rule of law development in authoritarian settings successful. In this significant contribution, focusing…
on the decade of Myanmar's political transformation, Kristina Simion explores rule of law assistance through the practice and experience of intermediaries, their capital, strategies and challenges. How do intermediaries influence the field, and the ways in which the rule of law is brokered transnationally? And why do they matter? Simion relates her research to law and sociology to bring to light these neglected players, focusing on who they are, the influence they have, their double agency and their crucial importance in establishing trust and translating rule of law. Relying on rich empirical data collected in Myanmar, the book shares the voices of the individuals that help to steer societal change within authoritarian confines. This socio-legal work offers some insights into why rule of law change in authoritarian settings often does not go expected ways, one of the development field's long unresolved issues.
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Laws and statutes, Philosophy, Politics and government
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This collection of essays offers thoughtful discussions of major challenges confronting the theory and practice of citizenship in a globalized,…
socially fragmented, and multicultural world. The traditional concept of citizenship as a shared ethnic, religious, and/or cultural identity has limited relevance in a multicultural world, and even the connection between citizenship and national belonging has been put in jeopardy by increasing levels of international migration and mobility, not to mention the pervasive influence of a global economy and mass media, whose symbols and values cut across national boundaries. Issues addressed include the ethical and practical value of patriotism in a globalized world, the standing of conscience claims in a morally diverse society, the problem of citizen complicity in national and global injustice, and the prospects for a principled acceptance by practising Muslims of a liberal constitutional order. In spite of the impressive diversity of philosophical traditions represented in this collection, including liberalism, pragmatism, Confucianism, Platonism, Thomism, and Islam, all of the volume’s contributors would agree that the crisis of modern citizenship is a crisis of the ethical values that give shape, form, and meaning to modern social life. This is one of the few edited volumes of its kind to combine penetrating ethical discussion with an impressive breadth of philosophical traditions and approaches.Chapters “What is the use of an Ethical Theory of Citizenship?” and “An Ethical Defense of Citizenship” are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.
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Journals and memoirs, Laws and statutes
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A memoir by a disability rights activist Such a Pretty Girl is Nadina La Spina's story—from her early years in…
her native Sicily, where still a baby she contracts polio, a fact that makes her the object of well-meaning pity and the target of messages of hopelessness; to her adolescence and youth in America, spent almost entirely in hospitals, where she is tortured in the quest for a cure and made to feel that her body no longer belongs to her; to her rebellion and her activism in the disability rights movement.LaSpina’s personal growth parallels the movement’s political development—from coming together, organizing, and fighting against exclusion from public and social life, to the forging of a common identity, the blossoming of disability arts and culture, and the embracing of disability pride.While unique, the author's journey is also one with which many disabled people can identify. It is the journey to find one's place in an ableist world—a world not made for disabled people, where disability is only seen in negative terms. La Spina refutes all stereotypical narratives of disability. Through the telling of her life’s story, without editorializing, she shows the harm that the overwhelming focus on pity and on a cure that remains elusive has done to disabled people. Her story exposes the disability prejudice ingrained in our sociopolitical system and denounces the oppressive standards of normalcy in a society that devalues those who are different and denies them basic rights.Written as continuous narrative and in a subtle and intimate voice, Such a Pretty Girl is a memoir as captivating as a novel. It is one of the few disability memoirs to focus on activism, and one of the first by an immigrant.
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Laws and statutes, Medicine
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The EU has only limited competence to regulate national health-care systems but recent developments have shown that health care is…
not immune from the effects of EU law. As Member States have increasingly experimented with new forms of funding and the delivery of health-care and social welfare services, health-care issues have not escaped scrutiny from the EU internal market and from competition and procurement rules. The market-oriented EU rules now affect these national experiments as patients and health-care providers turn to EU law to assert certain rights. The recent debates on the (draft) Directive on Patients’ Rights further underline the importance, but also the difficulty (and controversy), of allowing EU law to regulate health care.The topicality of the range of issues related to health care and EU law was addressed, in October 2009, at a conference held in Nijmegen, The Netherlands. The present volume contains inter alia the proceedings of this conference and invited essays. This volume follows the publication of The Changing Legal Framework for Services of General Interest in Europe. Between Competition and Solidarity (Krajewski M et al (eds) (2009) T.M.C. Asser Press, The Hague) and launches a new series: Legal Issues of Services of General Interest. The aim of the series is to sketch the framework for services of general interest in the EU and to explore the issues raised by developments related to these services.The book is compulsory reading for everyone who is engaged in issues relating to health care and EU law.Johan van de Gronden is Professor of European Law at the Law Faculty of the Radboud University Nijmegen, the Netherlands. Erika Szyszczak is a Jean Monnet Professor of European Law ad personam and Professor of European Competition and Labour Law at the University of Leicester, UK. Ulla Neergaard is Professor of EU law at the Law Faculty of the University of Copenhagen, Denmark. Markus Krajewski is Professor of International Public Law, Faculty of Law, University of Erlangen-Nuremberg, Germany.
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General non-fiction, Laws and statutes, Politics and government
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The growing field of political education through environmental issues is organized around processes, which reach beyond the formal ones found…
in academic disciplines and national curricula into informal processes (such as social mobilization) and nonformal processes (such as those found in various international educational recommendations). Using theoretical approaches from the fields of political philosophy and the social sciences, this book develops a simultaneously conceptual and analytical framework for the political in educational content involving environmental issues. This framework is then used to empirically analyze educational content on sustainable development formulated by UNESCO, as well as the Tunisian curriculum. The theoretical and empirical studies carried out in this book lead to proposed curriculum tags for political education through environmental issues, with the intent of opening this field to inclusion in the didactics of curriculum research.
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Laws and statutes, General non-fiction
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Written by a therapist for other therapists (and therapists in training), Basics of California Law takes the many nuances of…
California law and regulation and puts them in digestible, easy-to-apply language. It covers all three of California's major masters-level mental health professions: Marriage and Family Therapy, Professional Clinical Counseling, and Clinical Social Work.
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Laws and statutes, Politics and government
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In The Case Against the New Censorship: Protecting Free Speech from Big Tech, Progressives, and Universities, Alan Dershowitz—New York Times…
bestselling author and one of America&’s most respected legal scholars—analyzes the current regressive war against freedom of speech being waged by well-meaning but dangerous censors and proposes steps that can be taken to defend, reclaim, and strengthen freedom of speech and other basic liberties that are under attack. Alan Dershowitz has been called &“one of the most prominent and consistent defenders of civil liberties in America&” by Politico and &“the nation&’s most peripatetic civil liberties lawyer and one of its most distinguished defenders of individual rights&” by Newsweek. He is also a fair-minded and even-handed expert on the Constitution and our civil liberties, and in this book offers his knowledge and insight to help readers understand the war being waged against free speech by the ostensibly well-meaning forces seeking to constrain this basic right. The Case Against the New Censorship is an analysis of every aspect of the current fight against freedom of speech, from the cancellations and deplatformings practiced by so-called progressives, to the powerful, seemingly arbitrary control exerted by Big Tech and social media companies, to the stifling of debate and controversial thinking at public and private universities. It assesses the role of the Trump presidency in energizing this backlash against basic liberties and puts it into a broader historical context as it examines how anti-Trump zealots weaponized, distorted, and weakened constitutional protections in an effort to &“get&” Trump by any means. In the end, The Case Against the New Censorship represents an icon in American law and politics exploring the current rapidly changing attitudes toward the value of free speech and assessing potential ways to preserve our civil liberties. It is essential reading for anyone interested in or concerned about freedom of speech and the efforts to constrain it, the possible effects this could have on our society, and the significance of both freedom of speech and the battle against it in a greater historical and political context.
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Laws and statutes, Environment, Politics and government
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The European Union (EU) has a hugely important effect on the way in which environmental policies are framed, designed and…
implemented in many parts of the world, but especially Europe. The new edition of this leading textbook provides a state-of-the-art analysis of the EU’s environmental policies. Comprising five parts, Environmental Policy in the EU covers the rapidly changing context in which EU environmental policies are made, the key actors who interact to co-produce them and the most salient dynamics of policy making, ranging from agenda setting and decision making, through to implementation and evaluation. Written by leading international experts, individual chapters examine how the EU is responding to a multitude of different challenges, including biodiversity loss, climate change, energy insecurity, and water and air pollution. They tease out the different ways in which the EU’s policies on these topics co-evolve with national and international environmental policies. In this systematically updated fourth edition, a wider array of learning features are employed to ensure that readers fully understand how EU environmental policies have developed over the last 50 years and how they are currently adapting to the rapidly evolving challenges of the twenty-first century, including the COVID-19 pandemic. It is an essential resource for undergraduate and postgraduate students studying environmental policy and politics, climate change, environmental law and EU politics more broadly.
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Law and crime biography, Humour, Laws and statutes
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Law school was never Anna Dorn's dream. It was a profession pushed on her by her parents, teachers, society... whatever.…
It's not the worst thing that can happen to a person; as Dorn says, law school was pretty "cushy" and mostly entailed wearing leggings every day to her classes at Berkeley and playing beer pong with her friends at night. The hardest part was imagining what it would be like to actually be a lawyer one day. But then she'd think of Glenn Close on Damages and Reese Witherspoon in Legally Blonde, and hoped for the best.After graduation, however, Dorn realized that there was nothing sexy about being a lawyer. Between the unflattering suits, sucking up to old men, and spending her days sequestered in a soul-sucking cubicle, Dorn quickly learned that being a lawyer wasn't everything Hollywood made it out to be. Oh, and she sucked at it. Not because she wasn't smart enough, but because she couldn't get herself to care enough to play by the rules.Bad Lawyer is more than just a memoir of Dorn's experiences as a less-than-stellar lawyer; it's about the less-than-stellar legal reality that exists for all of us in this country, hidden just out of sight. It's about prosecutors lying and filing inane briefs that lack any semblance of logic or reason; it's about defense attorneys sworn to secrecy-until the drinks come out and the stories start flying; and it's about judges who drink in their chambers, sexually harass the younger clerks, and shop on eBay instead of listening to homicide testimony. More than anything, this book aims to counteract the fetishization of the law as a universe based entirely on logic and reason. Exposing everything from law school to law in the media, and drawing on Dorn's personal experiences as well as her journalistic research, Bad Lawyer ultimately provides us with a fresh perspective on our justice system and the people in it, and gives young lawyers advice going forward into the 21st century.
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United States history, Laws and statutes
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A history of the American Constitution's formative decades from a preeminent legal scholarWhen the US Constitution won popular approval in…
1788, it was the culmination of thirty years of passionate argument over the nature of government. But ratification hardly ended the conversation. For the next half century, ordinary Americans and statesmen alike continued to wrestle with weighty questions in the halls of government and in the pages of newspapers. Should the nation's borders be expanded? Should America allow slavery to spread westward? What rights should Indian nations hold? What was the proper role of the judicial branch? In The Words that Made Us, Akhil Reed Amar unites history and law in a vivid narrative of the biggest constitutional questions early Americans confronted, and he expertly assesses the answers they offered. His account of the document's origins and consolidation is a guide for anyone seeking to properly understand America's Constitution today.
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United States history, Laws and statutes, Politics and government, Customs and cultures
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In the first comprehensive accounting of the U.S. Supreme Court’s race-related jurisprudence, a distinguished historian and renowned civil rights lawyer…
scrutinize a legacy too often blighted by racial injustice. The Supreme Court is usually seen as protector of our liberties: it ended segregation, was a guarantor of fair trials, and safeguarded free speech and the vote. But this narrative derives mostly from a short period, from the 1930s to the early 1970s. Before then, the Court spent a century largely ignoring or suppressing basic rights, while the fifty years since 1970 have witnessed a mostly accelerating retreat from racial justice. From the Cherokee Trail of Tears to Brown v. Board of Education to the dismantling of the Voting Rights Act, historian Orville Vernon Burton and civil rights lawyer Armand Derfner shine a powerful light on the Court’s race record—a legacy at times uplifting, but more often distressing and sometimes disgraceful. For nearly a century, the Court ensured that the nineteenth-century Reconstruction amendments would not truly free and enfranchise African Americans. And the twenty-first century has seen a steady erosion of commitments to enforcing hard-won rights. Justice Deferred is the first book that comprehensively charts the Court’s race jurisprudence. Addressing nearly two hundred cases involving America’s racial minorities, the authors probe the parties involved, the justices’ reasoning, and the impact of individual rulings. We learn of heroes such as Thurgood Marshall; villains, including Roger Taney; and enigmas like Oliver Wendell Holmes and Hugo Black. Much of the fragility of civil rights in America is due to the Supreme Court, but as this sweeping history also reminds us, the justices still have the power to make good on the country’s promise of equal rights for all.
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Laws and statutes, Customs and cultures, Death and bereavement
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How the legalization of assisted dying is changing our lives. Over the past five years, medical aid-in-dying (also known as…
assisted suicide) has expanded rapidly in the United States and is now legally available to one in five Americans. This growing social and political movement heralds the possibility of a new era of choice in dying. Yet very little is publicly known about how medical aid-in-dying laws affect ordinary citizens once they are put into practice. Sociological studies of new health policies have repeatedly demonstrated that the realities often fall short of advocacy visions, raising questions about how much choice and control aid-in-dying actually affords. Scripting Death chronicles two years of ethnographic research documenting the implementation of Vermont’s 2013 Patient Choice and Control at End of Life Act. Author Mara Buchbinder weaves together stories collected from patients, caregivers, health care providers, activists, and legislators to illustrate how they navigate aid-in-dying as a new medical frontier in the aftermath of legalization. Scripting Death explains how medical aid-in-dying works, what motivates people to pursue it, and ultimately, why upholding the "right to die" is very different from ensuring access to this life-ending procedure. This unprecedented, in-depth account uses the case of assisted death as an entry point into ongoing cultural conversations about the changing landscape of death and dying in the United States.
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Laws and statutes
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This book analyses he implementation of the United Nations Convention on the Law of the Sea (UNCLOS) in the light…
of state practices of China and Japan. The special character of the book can be found in its structure of comparative analysis of the practices of China and Japan in each part. The focus is on historical aspects (Part I), implementation of the UNCLOS (Part II), navigation (Part III), mid-ocean archipelagos (Part IV), the marine environment (Part V), and dispute settlement (Part VI). By taking this approach, the book elucidates a variety of aspects of history, difficulties, problems, and controversies arising from the implementation of the UNCLOS by the two nations. Furthermore, contributors from China and Japan tend to show different perspectives on the UNCLOS, which, by clarifying the need for further debate, are expected to contribute to the continuing cooperation between the academics of the two states.