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Theories of Legal Obligation (Law and Philosophy Library #146)
By Deryck Beyleveld, Stefano Bertea. 2024
This volume collects six original essays by internationally respected researchers who have devoted themselves to the study of legal obligation.…
It brings together works that innovatively address key dimensions of the current debates concerning legal obligation from different and, in some cases, even opposing theoretical perspectives. As a result, the collection offers a comprehensive discussion of legal obligation that promises to significantly advance our understanding of the obligatory dimension of law. What specifically connects the contributions gathered here is one common thread: coming to terms with a notion – legal obligation – that is of both practical and theoretical importance. On the one hand, it is widely regarded as a fundamental legal concept by legal practitioners and laypeople alike, as not only judges, prosecutors, lawyers, and juries but also ordinary citizens make extensive use of obligation-related terms and discourses. On the other hand, the notion of legal obligation is of paramount significance for the theory of law. Indeed, even legal theorists who, quite understandably, refuse to reduce the law to a mere obligation-imposing device and opt instead for a view in which the normative dimension of the law also encompasses powers, rights, permissions, privileges and immunities, duly acknowledge the centrality of legal obligation for the understanding and conceptualisation of law. Hence the importance of the treatments presented in this volume.The Paradox of Intellectual Property in Capitalism
By João Romeiro Hermeto. 2024
The Paradox of Intellectual Property in Capitalism is an innovative book that comprehensively discusses and analyses intellectual property under capitalistic…
social conditions and relations. It not only addresses some historical developments of intellectual property but also brings to the fore the very notion of what knowledge is, knowledge creation, and knowledge production and appropriation within a Marxist framework. Nonetheless, the adopted approach pays heed to multiple fields of knowledge, providing rich discussions that facilitate the understanding of actual social totality in which capitalism, knowledge production and appropriation, and the struggles of appropriation mutually reinforce each other, although not devoid of antagonisms and contradictions. In light of contemporary capitalism, the transformations that social property relations are undergoing must be scrutinised – such as those brought about by the development of digitalisation and the convergence between big pharma and tech giants. What are the conditions of intellectual property creation today? What theoretical assumptions does it make? Under what social relations is intellectual property produced? Throughout, the emphasis is not on individual cases or symptoms but on the overarching logic: the logic of capitalism as revealed in intellectual property.Latin America and Refugee Protection: Regimes, Logics, and Challenges (Forced Migration #41)
By Liliana Lyra Jubilut, Marcia Vera Espinoza and Gabriela Mezzanotti. 2021
Looking at refugee protection in Latin America, this landmark edited collection assesses what the region has achieved in recent years.…
It analyses Latin America’s main documents in refugee protection, evaluates the particular aspects of different regimes, and reviews their emergence, development and effect, to develop understanding of refugee protection in the region. Drawing from multidisciplinary texts from both leading academics and practitioners, this comprehensive, innovative and highly topical book adopts an analytical framework to understand and improve Latin America’s protection of refugees.Sustainable Finances and the Law: Between Public and Private Solutions (Economic Analysis of Law in European Legal Scholarship #16)
By Rute Saraiva, Paulo Alves Pardal. 2024
Sustainable (public and private) finance is closely interlinked with the Sustainable Development Goals (SDGs). The latter focus on enhancing the…
protection of both social and environmental assets at the local and global level, from the real economy and everyday life to financial markets and public policies, thereby laying the groundwork for a transition. Global sustainability challenges – including climate change, natural resource depletion, and rising inequality – are affecting the commercial environment and real economy in a way that presents both risks and opportunities for the private and public financial sectors. On the one hand, policymakers and investors (including banks and pensions funds) are increasingly recognizing the environment’s implications for the financial sector through both physical and transitional risks, producing impacts on financial services and products, not to mention corporate governance. On the other hand, governments and European and international institutions are aware of their sustainability-related responsibilities and the consequences of their actions. Both regulate and supervise financial markets but also use their budgetary and tax policies (e.g. carbon tax) and their participation in financial markets (e.g. green bonds and development banks) to overcome sustainability challenges. Therefore, the objective of this book is to help readers understand how private and public financial systems can be modified to create better value for society through sustainable approaches and initiatives such as the integration of environmental, social, and governance (ESG) factors in investment, procurement, and budgeting.Fault, Responsibility, and Administrative Law in Late Babylonian Legal Texts (Mesopotamian Civilizations #23)
By F. Rachel Magdalene, Cornelia Wunsch, Bruce Wells. 2019
This book presents a reassessment of the governmental systems of the Late Babylonian period—specifically those of the Neo-Babylonian and early…
Persian empires—and provides evidence demonstrating that these are among the first to have developed an early form of administrative law.The present study revolves around a particular expression that, in its most common form, reads ḫīṭu ša šarri išaddad and can be translated as “he will be guilty (of an offense) against the king.” The authors analyze ninety-six documents, thirty-two of which have not been previously published, discussing each text in detail, including the syntax of this clause and its legal consequences, which involve the delegation of responsibility in an administrative context. Placing these documents in their historical and institutional contexts, and drawing from the theories of Max Weber and S. N. Eisenstadt, the authors aim to show that the administrative bureaucracy underlying these documents was a more complex, systematized, and rational system than has previously been recognized.Accompanied by extensive indexes, as well as transcriptions and translations of each text analyzed here, this book breaks new ground in the study of ancient legal systems.Crude: A Memoir
By Pablo Fajardo, Sophie Tardy-Joubert. 2021
Oil waste was everywhere—on the roads, in the rivers where they fished, and in the water that they used for…
bathing, cooking, and washing. Children became sick and died, cases of stomach cancer skyrocketed, and women miscarried or gave birth to children with congenital disorders. The American oil company Texaco—now part of Chevron—extracted its first barrel of crude oil from Amazonian Ecuador in 1972. It left behind millions of gallons of spilled oil and more than eighteen million gallons of toxic waste. In Crude, Ecuadorian lawyer and activist Pablo Fajardo gives a firsthand account of Texaco’s involvement in the Amazon as well as the ensuing legal battles between the oil company, the Ecuadorian government, and the region’s inhabitants. As a teenager, Fajardo worked in the Amazonian oil fields, where he witnessed the consequences of Texaco/Chevron’s indifference to the environment and to the inhabitants of the Amazon. Fajardo mobilized with his peers to seek reparations and in time became the lead counsel for UDAPT (Union of People Affected by Texaco), a group of more than thirty thousand small farmers and indigenous people from the northern Ecuadorian Amazon who continue to fight for reparations and remediation to this day.Eye-opening and galvanizing, Crude brings to light one of the least well-known but most important cases of environmental and racial injustice of our time.Banning Black Gods: Law and Religions of the African Diaspora (Africana Religions)
By Danielle N. Boaz. 2021
Banning Black Gods is a global examination of the legal challenges faced by adherents of the most widely practiced African-derived…
religions in the twenty-first century, including Santeria/Lucumi, Haitian Vodou, Candomblé, Palo Mayombe, Umbanda, Islam, Rastafari, Obeah, and Voodoo. Examining court cases, laws, human rights reports, and related materials, Danielle N. Boaz argues that restrictions on African diaspora religious freedom constitute a unique and pervasive form of anti-Black discrimination.Emphasizing that these twenty-first-century cases and controversies are not a new phenomenon but rather a reemergence of colonial-era ideologies and patterns of racially motivated persecution, Boaz focuses each chapter on a particular challenge to Black religious freedom. She examines issues such as violence against devotees, restrictions on the ritual slaughter of animals, limitations on the custodial rights of parents, and judicial refusals to recognize these faiths as protected religions. Boaz introduces new issues that have never been considered as a question of religious freedom before—such as the right of Palo Mayombe devotees to possess remains of the dead—and she brings together controversies that have not been previously regarded as analogous, such as the right to wear headscarves and the right to wear dreadlocks in schools. Framing these issues in comparative perspective and focusing on transnational and transregional issues, Boaz advances our understanding of the larger human rights disputes that country-specific studies can overlook.Original and compelling, this important new book will be welcomed by students and scholars of African diaspora religions and discerning readers interested in learning more about the history of racial discriminationTrager′s The Law of Journalism and Mass Communication
By Victoria Smith Ekstrand, Caitlin Ring Carlson, Erin Coyle, Susan D. Ross, Amy Reynolds. 2024
Trager′s The Law of Journalism and Mass Communication provides a clear and engaging introduction to media law with comprehensive coverage…
and analysis for future journalists and media professionals. Grounded in the traditions and rules of law, along with fresh facts and examples, the authors demonstrate how the law functions in everyday life. The Eighth Edition of this bestselling text offers students a new breadth and diversity of material and brings the law to life with cutting-edge research, the latest court and legislative rulings, and a wealth of new content. Included with this title: LMS Cartridge: Import this title′s instructor resources into your school′s learning management system (LMS) and save time. Don′t use an LMS? You can still access all of the same online resources for this title via the password-protected Instructor Resource Site. Learn more.Trager′s The Law of Journalism and Mass Communication
By Victoria Smith Ekstrand, Caitlin Ring Carlson, Erin Coyle, Susan D. Ross, Amy Reynolds. 2024
Trager′s The Law of Journalism and Mass Communication provides a clear and engaging introduction to media law with comprehensive coverage…
and analysis for future journalists and media professionals. Grounded in the traditions and rules of law, along with fresh facts and examples, the authors demonstrate how the law functions in everyday life. The Eighth Edition of this bestselling text offers students a new breadth and diversity of material and brings the law to life with cutting-edge research, the latest court and legislative rulings, and a wealth of new content. Included with this title: LMS Cartridge: Import this title′s instructor resources into your school′s learning management system (LMS) and save time. Don′t use an LMS? You can still access all of the same online resources for this title via the password-protected Instructor Resource Site. Learn more.Supermajorities in Constitutional Courts
By Mauro Arturo Rivera León. 2024
Constitutional adjudication is a subject of fascination for scholars. Judges may annul the will of a democratically elected Parliament in…
counter-majoritarian fashion. Although conceived as a remedy against majoritarianism, judges also decide cases by voting. Whether they do so through simple majorities or supermajorities is not trivial.The debate around supermajorities has awakened anew amidst theories of judicial limitation and new conceptions of judicial review. This book advances our knowledge of systems employing supermajorities in constitutional adjudication by performing a comparative analysis of ten jurisdictions and twelve supermajority models. It introduces a typology of the main models of institutional design, the reasons leading policymakers to establish them, and the impact supermajorities have on courts. It explores the question of whether supermajorities grant deference and foster consensus, or if they disable constitutional courts from exercising judicial review. By analyzing the history, practice, and effects of supermajority rules in courts, this book contributes to an ongoing conversation on the democratic implications of voting protocols in constitutional courts. It will be a valuable resource for policy-makers, scholars, and researchers working in the areas of comparative constitutional law and constitutional politics.The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution (CC-BY) 4.0 license.Housing in the United States: The Basics (The Basics)
By Katrin B. Anacker. 2024
Housing matters to people, be they owner, renter, housing provider, homeless individual, housing professional, or policymaker. Housing in the United…
States: The Basics offers an accessible introduction to key concepts and issues in housing—and a concise overview of the programs that affect housing choices, affordability, and access in the United States today. Part I covers the fundamentals of housing: households, housing units, and neighborhoods; housing as basic need vs. human right; supply and demand; construction, rehabilitation, and renovation; and demographic, socioeconomic, and cultural trends. Part II focuses on housing policy and its evolution from the early 20th century, through the Great Recession to the present day; policies related to owner- and renter-occupied housing; tax policies and expenditures; place- and people-based programs; and shortages of affordable housing.Written in a clear and engaging style, this guide allows readers to quickly grasp the complex range of policies, programs, and factors that shape the housing landscape. Essential reading for students, community advocates, homebuyers/renters, and professionals with an interest in housing, it also serves as an ideal text for introductory courses in urban planning, urban studies, sociology, public administration, architecture, and real estate.This book provides a valuable and practical foundation for informed housing discussions at the kitchen table, in the classroom, at work, or on Capitol Hill.This book critically analyzes US political-military strategy by arguing that freedom of the seas discourse is fundamentally unfit for an…
era of maritime great power competition.The work conducts a genealogical intellectual history of freedom of the seas discourse in US foreign policy to show how the concept has evolved over time to facilitate American control over the global ocean space. It concludes that the contemporary discourse works to establish the high seas as an arena free from claims of sovereignty so that the United States, as the presumed unrivaled naval power, can intervene globally on behalf of its national interests. However, since sea control strategies depend on a preponderance of material force, as the United States wanes in relative material capability it becomes less able to support political-military strategies predicated on the assumption of global naval dominance. The book provides a timely commentary on the current geopolitical competition between the United States and China, and critiques the US approach toward China in the maritime domain in order to highlight potential avenues of foreign policy action that may enable the two countries to mitigate the risk of conflict.This book will be of much interest to students of naval history, maritime security, US foreign policy, and international relations.The recording industry has famously been transformed by technology throughout its entire history.The book presents an analysis of these changes…
using Porter's five forces model. The author highlights the evolution of buyers' and suppliers' power, the emergence of new competitors, product innovation and rivalry between companies in the industry driven by economic, political, social and legal factors.As an early mover in the social diffusion of copyright-sensitive content, the recording industry reflected in this book serves as an important reference for the analysis of other cultural and creative sectors.Criminal Evidence
By Matthew Lippman. 2016
A concise and comprehensive introduction to the law of evidence, Criminal Evidence takes an active learning approach to help readers…
apply evidence law to real-life cases. Bestselling author Matthew Lippman, a professor of criminal law and criminal procedure for over 25 years, creates an engaging and accessible experience for students from a public policy perspective through a multitude of contemporary examples and factual case scenarios that illustrate the application of the law of evidence. Highlighting the theme of a balancing of interests in the law of evidence, readers are asked to apply a more critical examination of the use of evidence in the judicial system. The structure of the criminal justice system and coverage of the criminal investigative process is also introduced to readers.Criminal Evidence
By Matthew Lippman. 2016
A concise and comprehensive introduction to the law of evidence, Criminal Evidence takes an active learning approach to help readers…
apply evidence law to real-life cases. Bestselling author Matthew Lippman, a professor of criminal law and criminal procedure for over 25 years, creates an engaging and accessible experience for students from a public policy perspective through a multitude of contemporary examples and factual case scenarios that illustrate the application of the law of evidence. Highlighting the theme of a balancing of interests in the law of evidence, readers are asked to apply a more critical examination of the use of evidence in the judicial system. The structure of the criminal justice system and coverage of the criminal investigative process is also introduced to readers.Banking Law and Financial Regulation in Pakistan: The Role of Lender of Last Resort
By Muhammad Hassan Idrees. 2024
This book offers an analysis of the contemporary significance of the practice of Lender of Last Resort (LOLR) in Pakistan.…
Aiming to identify deficiencies in current financial system legislation, the book details the role of LOLR and its essential presence in establishing a resilient banking and financial system.Beginning with an assessment of the emergence of Central Banks as domestic financial regulators, the book draws from the principles of Walter Bagehot and Henry Thornton for LOLR rescue operations. Examining the International Monetary Fund’s (IMF) role as an international lender of last resort and scrutinising its rescue efforts, the book uses case studies of the Central Banks in the United Kingdom and the United States to suggest reforms for Pakistan’s system. It explores the causes of financial crises and evaluates the factors that have made LOLR an integral part of Central Banks’ responsibilities. It compares LOLR operations in the cases of AIG and Lehman Brothers in the United States and Northern Rock in the United Kingdom, comparing these two cases in Pakistan to pinpoint key gaps in the State Bank of Pakistan’s LOLR operations. Furthermore, it discusses the Basel Accord I, II, and III: the key international regulations for the banking sector.The book will be of interest to scholars and students in the field of financial and banking law.Beyond Expropriation Without Compensation: Law, Land Reform and Redistributive Justice in South Africa (Cambridge Studies in Constitutional Law)
By Olaf Zenker, Cherryl Walker, Zsa-Zsa Boggenpoel. 2024
Speeding up land reform through a constitutional amendment that would explicitly permit the expropriation of land without compensation has dominated…
legal and political-policy debates in South Africa in recent years. Taking this politically and emotionally charged issue as its starting point, this volume offers both expert commentary on this issue from a variety of disciplinary perspectives and also fresh ideas on how to advance the redistributive transformation that South Africa so urgently needs. It brings critically important debates around transformative property law, the need for diversified land justice and the possibilities of alternative forms of redistribution into productive conversation with each other. While grounded in the complex realities of South Africa's past and present, the volume speaks to concerns that resonate in many contexts in the Global South and beyond. It will appeal to scholars, students, policymakers and general readers concerned with both the theory and practice of redistributive justice. This title is also available as Open Access on Cambridge Core.Energy Transitions in Central and Eastern Europe: The Political Economy of Climate and Energy Policy (Cambridge Studies on Environment, Energy and Natural Resources Governance)
By Null Tomas Maltby, Null Matúš Mišík. 2024
This book examines the mutual interplay of climate and energy policies in eleven Central and Eastern European countries in the…
context of the EU's energy transition. Energy security has long been prioritised in the region and has shaped not only national climate and energy policy, but also EU-level policy-making and implementation. Whilst the region shares economic, institutional and historical energy supplier commonalities it is not homogenous, and the book considers the significant differences between the preferences and policies of these member states. Chapters also explore the effect of the EU on member states that have joined since 2004 and their influence on the EU's energy and climate policies and their role in highlighting the importance of the concepts of security and solidarity. The book highlights the challenges to, and drivers of, energy transitions in the region and compares these with those in global energy transitions.Criminal Procedure and Sentencing
By Peter Hungerford-Welch. 2024
Criminal Procedure and Sentencing provides a comprehensive and up-to-date guide to each step of criminal procedure, from the arrest of…
the suspect through to trial, sentencing, and appeals. Taking a strong practical focus throughout, it covers all aspects of the process of the criminal courts.The tenth edition has been fully revised and significantly expanded, with updates including: key recent case law, new legislation including the Sentencing Act 2020, the Judicial Review and Courts Act 2022, and the Police, Crime and Sentencing Act 2022, as well as the latest Criminal Procedure Rules and the new Criminal Practice Directions. Online support material will offer readers access to regular updates to the law and a comprehensive set of web links, as well as advice on additional reading and research for those seeking to engage in critical evaluation of the criminal justice system.The author’s authoritative yet engaging writing style brings the subject to life and helps to explain complex issues in an easy-to-understand way. This is an ideal text for anyone studying the criminal justice system at a professional or academic level.Demand the Impossible: One Lawyer's Pursuit Of Equal Justice For All
By Robert L. Tsai. 2024
How four Supreme Court cases in recent years—all argued and won by one indomitable lawyer—are central to the pursuit of…
equal justice in America. Stephen Bright emerged on the scene as a cause lawyer in the early decades of mass incarceration, when inflammatory politics and harsh changes to criminal justice policy were crashing down on the most vulnerable members of society. He dedicated his career to unleashing social change by representing clients that society had long ago discarded, and advocated for all to receive a fair trial. In Demand the Impossible, Robert L. Tsai traces Bright’s remarkable career to explore the legal ideas that were central to his relentless pursuit of equal justice. For nearly forty years, Bright led the Southern Center for Human Rights, a nonprofit that provided legal aid to incarcerated people and worked to improve conditions within the justice system. He argued four capital cases before the US Supreme Court—and won each one, despite facing an increasingly hostile bench. With each victory, he brought to light how the law itself had become corrupted by the country’s thirst for severe punishment, exposing prosecutorial misconduct, continuing racial inequality, inadequate safeguards for people with intellectual disabilities, and the shameful quality of legal representation for the poor. Organized around these four major Supreme Court cases, each narrated in vivid and dramatic detail, Tsai’s essential account explores the racism built into the criminal justice system and the incredible advancements one lawyer and his committed allies made for equal rights. An electrifying work of legal history, Demand the Impossible reveals how change can be won in even the most challenging times and how seemingly small victories can go on to have outsized effects.