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Rene Girard, Law, Literature, and Cinema: The Legal Drama of the Scapegoat
By Eric M. Wilson. 2024
This book is the first monograph to critically evaluate the work of the literary scholar René Girard from the perspectives…
of Law and Literature and Law and Film Studies, two of the most multidisciplinary branches of critical legal theory. The central thesis is that Girard’s theory of the scapegoat mechanism provides a wholly new and original means of re-conceptualizing the nature of judicial modernity, which is the belief that modern Law constitutes an internally coherent and exclusively secular form of rationality. The book argues that it is the archaic scapegoat mechanism – the reconciliation of the community through the direction of unified violence against a single victim – that actually works best in explaining all of the outstanding issues of Law and Literature in both of its sub-forms: law-as-literature (the analysis of legal language and practice exemplified by literacy texts) and law-in-literature (the exploration of issues in legaltheory through the fictitious form of the novel). The book will provide readers with: (i) a useful introduction to the most important elements of the work of René Girard; (ii) a greater awareness of the ‘hidden’ nature of legal culture and reasoning within a post-secular age; and (iii) a new understanding of the ‘subversive’ (or ‘enlightening‘) nature of some of the most iconic works on Law in both Literature and Cinema, media which by their nature allow for the expression of truths repressed by formal legal discourse.This book investigates the role of cloud seeding laws in governing regional solar radiation management (SRM) activities. It challenges the…
prevailing belief that cloud seeding laws are irrelevant to regional SRM governance and argues for their applicability. Through case studies in Australia, Canada, and the United States, the book highlights the need for legal frameworks that promote cross-scale interactions, stakeholder participation, flexible decision-making, and conflict resolution. It advocates for adopting adaptive governance principles to effectively manage the risks and uncertainties associated with regional SRM interventions. By filling a gap in the existing literature, this book offers valuable insights and recommendations for the governance of regional SRM, shedding light on the potential of cloud seeding laws to inform and shape SRM governance frameworks. It provides a comprehensive analysis of the legal and normative aspects, offering practical guidance for policymakers, researchers, and stakeholders involved in regional SRM initiatives.The Routledge Handbook for Global South Studies on Subjectivities (Transdisciplinary Souths)
By Sebastian Thies, Susanne Goumegou, Georgina Cebey. 2024
The Routledge Handbook for Global South Studies on Subjectivities provides a series of exemplary studies conjoining perspectives from Asian, African,…
and Latin American Studies on subjectivity in the Global South as a central category of social and cultural analysis. The contestation of the Northern myth of the autonomous subject—the dispositive that contests subject formation in the South by describing it as fragmented, incomplete, delayed or simply deviant, has been a cornerstone of theory production from the South over the years.This volume’s contributions offer an interdisciplinary and transarea dialogue, reframing issues of selfhood and alterity, of personhood, of the human, of the commons and contesting the North’s presumption in determining what kind of subjectivities abide by its norms, whose voices are heard, who is recognised as a subject, and, by extension, whose lives matter. In the context of the shifting dynamics of today’s manifold crises, they raise questions regarding how subjectivities act on or resist such forms of contestation, contingency, and indeterminacy.A major contribution to the growing body of scholarship on the Global South, this handbook will be an essential resource for students, scholars, researchers and instructors in literature, media and culture studies, sociology, anthropology, philosophy, law, politics, visual arts and art history.Gun Control in Context: Learning from the Australian Gun Control Experience
By Suzanna Fay. 2024
This book approaches the gun control debate by asking what it takes to achieve acceptance of, and compliance with, gun…
control regulations in a community thought to be opposed and resistant. It does this by centring this question on the experience of gun dealers who occupy a dual role in the compliance process – subject to its regulations, yet central to the application of all regulatory processes. The findings are surprising in that they demonstrate more support for gun control than opposition among this group, more willingness to cooperate with authorities than resistance, and more possibility for setting the tone for support with the wider gun owning community. This book considers how policy makers in the USA can capitalise on these overtones of collaboration and concern for public safety and learn from the successes and mistakes of the Australian gun control experience.Gun Control in Context is essential reading for all those engaged across the broad spectrum of the gun control debate and offers a grounded and reasoned approach to the challenges of public policy. It will be of interest to criminologists, legal scholars, and political scientists alike.The Legal Brain: A Lawyer's Guide to Well-Being and Better Job Performance
By Debra S. Austin. 2024
The Legal Brain is an essential guide for legal professionals seeking to understand the impact of chronic stress on their…
brain and mental health. Drawing on the latest neuroscience and psychology research, the book translates complex scientific concepts into actionable advice for legal professionals looking to enhance their well-being and thrive amidst the demands and stressors of the profession. Chapters cover optimizing cognitive fitness and performance, avoiding or healing cognitive damage, and protecting “the lawyer brain.” Whether you are a law student, practicing lawyer, judge, or leader of a legal organization, this book provides valuable insights and strategies for building resilience, maintaining peak performance, and protecting your most important asset - your brain.Recent decades have brought international and municipal courts much closer together and induced meaningful cooperation. This holds true also for…
the International Court of Justice and domestic judicial institutions as they engage actively in an inter-judicial dialogue, particularly on the normative level. Due to the impact of globalisation and internationalisation, the World Court has expanded its jurisprudence to also accommodate references and analysis of external judicial organs and their pronouncements. Likewise, ICJ decisions are referred to and consulted by municipal courts as authoritative statements of international norms or assistance in fact determination.This monograph examines this inter-judicial dialogue in a comprehensive manner by identifying and analysing all its aspects as evidenced in respective jurisprudence. Surprisingly, the mutual conversation in judicial decisions between the World Court and national judicial institutions has drawn little attention from international legal scholarship, and the book is designed to fill this lacuna.Medical Malpractice Legislation: Reforms in Civil Law Systems (Young Feltrinelli Prize in the Moral Sciences)
By Carlo Maria Masieri. 2024
This book aims to analyse the legal tools that the legislatures of France, Germany and Italy adopted in order to…
regulate medical malpractice.In the mid-1970s, a reform movement started in the United States, where there was considerable concern about then ongoing medical malpractice crises. Since the beginning of the current century, France, Germany and Italy have passed statutes that aim to reform medical liability rules. Thus, it is first interesting to assess whether any medical malpractice crises have been identified in these systems and, second, how these have been faced through the passing of new statutes on the continent. Accordingly, the first chapter explores the idea of medical malpractice crisis and its relationship with the insurance market, also considering the reflections of American scholars. It then reconstructs the French, German and Italian legal frameworks, as well as their insurance and litigation contexts, reviewing and commenting on the quantitative evidence that was collected before the reforms. The second chapter briefly summarises the debate on medical malpractice reforms in France, Germany and Italy. It then analyses the statutes that have been passed, distinguishing between reforms that consolidate case law and reforms that introduce innovative solutions, sometimes repealing court-developed doctrines. In particular, the chapter examines in a comparative perspective the diff erent options adopted in these civil law countries with regard to the rules on liability, burden of proof, statute of limitations and damages. Moreover, the chapter examines the reforms of insurance, procedural and evidence law, to the extent they affect medical malpractice cases. The third chapter reviews and analyses the current available data related to medical malpractice litigation and insurance after the reforms adopted in France, Germany and Italy, in order to find out evidence of their effectiveness and efficiency. It also highlights some aspects of medical malpractice law that still belong to the domain of the judiciary. It finally points out which problems may be addressed by the legislatures and what further data should be collected in the future.This work may interest legal scholars, healthcare providers, insurers and policymakers.Food, Philosophy, and Intellectual Property: Fifty Case Studies
By Enrico Bonadio, Andrea Borghini. 2024
This is a book about food, philosophy, and intellectual property rights.Taken separately, these are three well-known subjects, but it is…
uncommon to consider them together. The book comprises 50 case studies, organized around eight themes: images; genericity and descriptiveness; language traps; procedures; menus, recipes, and creativity; boundaries; biotech; and empowerment. The introductory chapter frames the selection of cases and encourages readers to look beyond them, envisaging new lenses to look at food vis-à-vis intellectual property. The terrain encompassed is wide-ranging and reaches out to fine-grained aspects of food products, recipes, and cooking. Conceived for a wide scope of readers, the volume ultimately interrogates the links between food and cultural identity, bringing to the fore the ethical, political, and aesthetic worth of culinary arts and gastronomic experiences.This accessible book will be of value to scholars, students, practitioners, and others with interests in the areas of intellectual property, food law, and food studies.Fair Shake: Women and the Fight to Build a Just Economy
By Naomi Cahn, June Carbone, Nancy Levit. 2024
A stirring, comprehensive look at the state of women in the workforce—why women&’s progress has stalled, how our economy fosters…
unproductive competition, and how we can fix the system that holds women back.In an era of supposed great equality, women are still falling behind in the workplace. Even with more women in the workforce than in decades past, wage gaps continue to increase. It is the most educated women who have fallen the furthest behind. Blue-collar women hold the most insecure and badly paid jobs in our economy. And even as we celebrate high-profile representation—women on the board of Fortune 500 companies and our first female vice president—women have limited recourse when they experience harassment and discrimination. Fair Shake: Women and the Fight to Build a Just Economy explains that the system that governs our economy—a winner-take-all economy—is the root cause of these myriad problems. The WTA economy self-selects for aggressive, cutthroat business tactics, which creates a feedback loop that sidelines women. The authors, three legal scholars, call this feedback loop &“the triple bind&”: if women don&’t compete on the same terms as men, they lose; if women do compete on the same terms as men, they&’re punished more harshly for their sharp elbows or actual misdeeds; and when women see that they can&’t win on the same terms as men, they take themselves out of the game (if they haven&’t been pushed out already). With odds like these stacked against them, it&’s no wonder women feel like, no matter how hard they work, they can&’t get ahead. Fair Shake is not a &“fix the woman&” book; it&’s a &“fix the system&” book. It not only diagnoses the problem of what's wrong with the modern economy, but shows how, with awareness and collective action, we can build a truly just economy for all.Global Cybersecurity and International Law (Routledge Research in Information Technology and E-Commerce Law)
By Antonio Segura Serrano. 2024
This book offers a critical analysis of cybersecurity from a legal-international point of view.Assessing the need to regulate cyberspace has…
triggered the re-emergence of new primary norms. This book evaluates the ability of existing international law to address the threat and use of force in cyberspace, redefining cyberwar and cyberpeace for the era of the Internet of Things. Covering critical issues such as the growing scourge of economic cyberespionage, international co-operation to fight cybercrime, the use of foreign policy instruments in cyber diplomacy, it also looks at state backed malicious cyberoperations, and the protection of human rights against State security activities. Offering a holistic examination of the ability of public international law, the book addresses the most pressing issues in global cybersecurity.Reflecting on the reforms necessary from international institutions, like the United Nations, the European Union, the Council of Europe, and NATO, in order to provide new answers to the critical issues in global cybersecurity and international law, this book will be of interest to academics, students and practitioners.Litigating Judicial Selection
By null Herbert M. Kritzer. 2024
In the United States and elsewhere, the questions of who should serve as a judge and how these judges should…
be chosen are increasingly contested. In Litigating Judicial Selection, Herbert Kritzer examines these questions with a comprehensive analysis of judicial-selection litigation over time and place. With a data set of over 2,000 cases from around the world, Kritzer offers new insight into the judicial selection by way of in-depth statistical analysis and an extensive narrative description of several important case studies. This book should be read by anyone seeking insight into the way judges are selected in the twenty-first century.Thinking About Medicine: An Introduction to the Philosophy of Healthcare
By David Misselbrook. 2024
This introduction to the philosophy of medicine surveys the landscape of western philosophy as it pertains to healthcare in an…
accessible way. Written by a doctor for doctors and other health professionals, framing the 'toolbox' of philosophy within the community of medicine, it encourages examination of the implicit assumptions made in the construction of medical knowledge and practice.Taking the reader step by step through the concepts that underpin modern philosophy, they will be challenged to reflect upon the premises within clinical practice which might benefit from scrutiny and challenge, including the nature of scientific knowledge, the limits of our biomedical model, the cultural and relational context, and the failure to recognise or manage adequately the fact/value distinction in medicine and healthcare.The book is an ideal textbook for students of medicine and medical philosophy and will also be of interest to bioethicists, medical sociologists, clinical commissioners and to practicing clinicians in medicine and the allied health professions seeking to improve their understanding of philosophy and ethics and sharpen their critical thinking skills.Examining the fulfilment of international obligations by subjects of this law, this book explores the normative and functional links between…
the sources and rules of international law on the one hand, and the responsibility for violating international law on the other. In the sphere of law-making, the theory of obligations allows for a more precise and considered formulation of international obligations. It has the potential to enable subjects of international law to behave more rationally, allowing deeper reflection on whether to take on obligations and how to properly perform them. This book proposes a new approach to the issue of the proper operation of international law, with the theory of obligations at its heart. Linking the institutions and concepts of international law into a rational whole, the book offers an analysis of the operation of international law and the behaviour of its subjects to develop a framework for ensuring the ultimate effectiveness of international law. Analysing sources of law including treaties and common law, alongside the resolutions of international organisations, this book demonstrates the practical application of the subject with reference to the jurisprudence of international courts and other bodies. The volume will be of interest to scholars, students, and practitioners concerned with international law – its creation, performance, application, compliance, and enforcement.Energy Law and the Sustainable Development Goals: Host Government Instruments for Sustainability in Oil and Gas Operations (Routledge Research in Energy Law and Regulation)
By Eduardo G Pereira, Thomas L Muinzer, Patrick R Baker. 2024
The UN Sustainable Development Goals are an ambitious agenda for environmental sustainability, economic development, and social transformation. The SDGs include…
targets for governments, in partnership with private industry and communities, to improve access to affordable and reliable energy, reduce inequality, protect natural resources, and invest in transparent legal institutions and resilient infrastructure. Although transitioning energy systems towards a low-carbon future is a core aspect of the SDGs, the International Energy Agency anticipates that oil and gas will remain a significant component of the global energy mix for some time. Host Government Instruments are tools which governments use to grant oil and gas companies permission to develop state-owned resources. In addition to bringing substantial resources into governments, these HGIs often also include environmental commitments as well as commitments to local hiring, stakeholder engagement, and investment in economic development programmes. The different structures of HGIs and their precise terms and conditions are crucial determinants of the sustainability of oil and gas operations conducted thereunder. This book addresses how governments can use HGIs to advance the SDGs. Part I introduces the SDGs and the legal institutions and governance related to HGIs, including in relation to international energy development, international environmental treaties, the Paris Agreement, and human rights regimes. Part II examines specific provisions within HGIs and regulatory systems which relate to the oil and gas sector and SDGs. It provides case studies to illustrate approaches to HGIs and to identify opportunities for host governments and international oil and gas companies to advance the SDGs. The book concludes with a summary of recommendations regarding how host governments, in partnership with the oil and gas industry, can use HGIs to advance economic development and sustainability goals, and advances potential insights towards development of new and renewable resources.This volume presents an anthology of 19 seminal studies, some for the first time in English, that explore the history…
and tradition of the ancient relationship between Samaritans and Jews.The book is arranged into three parts: Methods, Traditions, and History; Samaritan and Jewish Pentateuchs; and Studies in Bible and Tradition, each of which is chronologically ordered. It represents a collection of the author’s previous publications on the relationship between Samaritans and Jews, expanding and supplementing the conclusions of her published books. Recent archaeological developments on Mount Gerizim have demonstrated that our paradigms for writing the ancient histories of the kingdoms and provinces of Samaria and Judah in the Iron II, Persian, and Hellenistic periods must change. These developments also affect how we evaluate and read ancient literary traditions, and several chapters offer challenging new perspectives on well-known themes, narratives, and compositions in this subject area.Samaritans and Jews in History and Tradition: Changing Perspectives 10 will be of interest to students and scholars of biblical studies, theology, comparative religion, the ancient Near East, and in particular, Samaritan and Jewish studies.Embedded within the Bible lies a largely unknown story of the founding of early Israel and its religion, interwoven with…
tales documenting the creation of the Torah. Known as the Priestly Source, the complete text has not appeared on its own in either Hebrew or English—until now. This edition contains for the first time the full biblical Hebrew along with a new translation, annotated to guide readers through the text. This translation by Liane M. Feldman, an authority on the text, reveals the mythical foundation for the practice of sacrifice in ancient Israelite and Jewish religion. Beginning with the creation of the world and ending at the edge of the Promised Land, the Priestly Source offers a distinctive account from over two thousand years ago of the origins of the people of Israel and a unique perspective on their relationship with their god, Yahweh—one in stark contrast to what is found when we read the Bible now.Beyond the Binary: Gender and Legal Personhood in Islamic Law
By Saadia Yacoob. 2024
A free ebook version of this title is available through Luminos, University of California Press's Open Access publishing program. Visit…
www.luminosoa.org to learn more. One of the most hotly debated issues in contemporary Muslim ethics is the status of women in Islamic law. Whereas Muslim conservatives argue that gender-differentiated legal rulings reflect complementary gender roles, Muslim feminists argue that Islamic law has subordinated women and is thus in need of reform. The shared assumption on both sides, however, is that gender fundamentally shapes an individual’s legal status. Beyond the Binary explores an expansive cross section of topics in ninth- to twelfth-century Hanafi legal thought, ranging from sexual crimes to consent to marriage, to show that early Muslim jurists imagined a world built not on a binary distinction between male and female but on multiple intersecting hierarchies of gender, age, enslavement, lineage, class, and other social roles. Saadia Yacoob offers a restorative reading of Islamic law, arguing that its intersectional and relational understanding of legal personhood offers a productive space for Muslim feminists to move beyond critique and instead think with and through the Islamic legal tradition.International Investment Law and Arbitration from a Latin American Perspective (International Law and the Global South)
By Nitish Monebhurrun, Carolina Olarte-Bácares, Marco A. Velasquez-Ruiz. 2024
The book brings to light how Latin American states have traditionally stood before the field of International Investment Law and…
Arbitration. It delves into their posture of resistance to critically examine how their perspective has gradually changed and how they have adapted and molded their investment agreements so as not to leave their position as players in the field of International Investment Law. Many Latin American states have appeared as defendants before international investment tribunals and some of these, like Venezuela, Bolivia or Ecuador, have denounced their international investment agreements. Deeming the law field as imbalanced, they have looked for alternatives to continue providing legal protection to foreign investors while protecting their right to regulate in the name of public interest. Some interesting investment agreements models, sometimes of a different ilk, have consequently flourished and have arrested the attention of those studying or working with international investment law.The main objective of this book is to critically discuss how Latin American states have accepted, resisted, or adapted themselves to international investment law and arbitration. Accordingly, the general connection between these states and international investment law are explained in an introduction which examines the general trends as per which Latin American states have offered a legal protection to foreign investments. The first part enters the merits of where international investment law and arbitration stand in some Latin American states whereby the experience of Brazil, Chile, Argentina, Venezuela, and Uruguay are discussed. The following parts explain the trends in international investment law and arbitration in Latin America. These trends are namely related to dispute settlement and governance, to the connection between investment law and human rights and finally to regionalization. In these parts, the experience of states like Brazil,Colombia, Peru, and Mexico are perused.Forensic Science Laboratory Benchmarking: The FORESIGHT Manual
By Max M. Houck, Paul J. Speaker. 2024
Forensic Science Laboratory Benchmarking: The FORESIGHT Manual takes a step-by-step instructional approach to utilizing FORESIGHT data, detailing how labs can…
participate in the process to improve efficiencies. The FORESIGHT Project—a business benchmarking process for forensic service providers—was created in 2008 to collect and report data while offering improvement to processes through analysis, comparisons, and best practice evaluations. The program has grown to include more than 200 participating forensic laboratories worldwide.FORESIGHT offers the capability for labs to improve core functions, provide and benefit from metrics, and thus, improve the labs capabilities and functioning for the public good, while maintaining their often limited, fixed budgets. Due to ever-increasing caseloads, forensic laboratories are constantly plagued by backlogged casework—cases submitted to the laboratory but not yet worked. This leads to inefficiencies, delays, and unhappy agencies expecting timely results. Unfortunately, even if a lab’s slates were wiped clean and the backlog were erased, many of the inefficient processes—that created the backlog—would still be in place. Eventually, and inevitably, the lab would develop a new backlog.Unique coverage and features: Presents critical and proven cutting-edge measures to utilize FORESIGHT data improve laboratory testing, operational efficiency, and policies without added additional costs. Synthesizes the data input from more than 200 labs and a decade’s worth of analytics to illustrate process improvements and the advantages of participating. Outlines how to develop data-driven responses to solve current and future problems. Forensic Science Laboratory Benchmarking will be of interest to quality assurance specialists, economists, supervisors in the parent agencies of the labs, managers at all levels of any of the hundreds of public laboratories around the world, and anyone concerned about the effectiveness and efficiency of laboratory testing. As an operational guide, the book provides a helpful roadmap to help public science agencies and forensic labs analyze how they operate, improve on what works, and change what doesn’t to better meet their mission and serve their community’s goals.On the Relation between the EU Charter of Fundamental Rights and National Fundamental Rights: A Comparative Analysis in the European Multilevel Court System
By Alexander Heger, Moritz Malkmus. 2024
The sometimes complex and controversial relation between the fundamental rights of the European Union, as enshrined in the EU Charter…
of Fundamental Rights (CFR), and national fundamental rights in the context of constitutional review is reflected in a series of landmark decisions in the multilateral cooperation of European courts, which have reshaped the fundamental rights architecture in the multilevel system in recent decades. This book aims to contribute to a systematic and comprehensive analysis of the EU and constitutional law issues involved, thus serving as a reference point for scholars and practitioners dealing with this emerging topic in depth. Following this approach, it sheds light on the broader Union legal context of these developments, examines the role of the CFR for Constitutional Courts, the relationship between constitutional and ordinary courts, and assesses the key decisions concerning the application of the CFR as a standard of constitutional review. It also draws some initial conclusions on the development of the European fundamental rights architecture, its prospects and possible implications for the Union’s legal order. The book contains several contributions by European legal experts from academia and the judiciary, who examine the different methods of constitutional application of the CFR from a comparative law perspective. These contributions deal with the following aspects: first, the role of the CFR for the respective Constitutional Court with regard to the application of EU law as well as national law falling within the scope of the CFR; second, the relationship between the respective Constitutional Court and the ordinary courts with regard to the application of the CFR; third, the relevant facts and legal reasoning of the most important Constitutional Court decisions on the application of the CFR as a relevant standard of constitutional review; fourth, the relevant case law of the CJEU on the relationship between Union and national fundamental rights, as well as its broader implications for the multilateral cooperation of European courts. The individual chapters examine, inter alia, the following decisions: Verfassungsgerichtshof (Austria), March 14, 2012, U 466/11 et al.; Corte Constituzionale (Italy), January 23, 2019, Sentenza 20/2019; Bundesverfassungsgericht (Germany), November 6, 2019, 1 BvR 276/17; Tribunal Constitucional (Portugal), June 3, 2022, Acórdão 268/2022; Tribunal Constitucional (Spain), June 29, 2022, Sentencia Decision 89/2022.