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In Search of Equity: Health Needs and the Health Care System (The Hastings Center Series in Ethics)

by NormanDaniels Arthur L. Caplan RonaldBayer

I Several years ago, when the Carter administration announced that it would support congressional action to end the public fund­ ing of abortions, the President was asked at a press conference whether he thought that such a policy was unfair; he responded, "Life is unfair." His remarks provoked a storm of controversy. For other than those who, for principled reasons, opposed abor­ tion on any grounds, it seemed that the President's comments were cruel, violating what was thought to be an American com­ mitment to providing equal access to health services to all citi­ zens, regardless of their capacity to pay. Those sentiments had, in fact, been reflected in public opinion polls that had, for at least three decades, indicated that Americans supported the propo­ sition that the government should guarantee health care to all. Ultimately, those beliefs had been translated into the oft-ex­ 1 pressed political demand for a one-class system of health care. This commitment to equality is rather remarkable. American society evidences a striking willingness to tolerate vast inequal­ ities with regard to income and wealth. While it guarantees ed­ ucation to all children, there is not even a pretense that the children of the wealthy and the children of the poor ought to get precisely the same kind of schooling. While some commitment 'Hazel Erskine. "The Polls: Health Insurance," Public Opinion Quarterly, XXXIX (Spring, 1975), 128-143.

The International Court of Justice and some contemporary problems: Essays on international law

by Taslim Elias

This book groups together recent studies of some of the most significant features of contemporary public international law. It straddles some five differing aspects of the living law of the United Nations. Although written on diverse occasions and for different purposes, they are nevertheless animated by the common ideal of analysing and synthesising current issues with which the International Court of Justice, the United Nations Organization itself and related law-making organs and institutions have been grappling in the last five years or so. The treatment of the subjects with which they deal and the manner of their orientation naturally differ both in scope and in depth of analysing, depending upon the particular aspects of international law under consideration. They open up not only new horizons but also, as one of its chapters indicates, new conceptions and perspectives in current international law. Old topics are re-examined from new angles, some new topics are studied in such a way as to relate them to their customary roots and pristine significance in legal thought. There are five main parts. The first and inevitably the longest division deals with the international judicial process in nearly all its modern ramifications as exemplified in the work of the Court. The first study deals with problems of method associated with the internal judicial practice of the Court from the moment the public hearings have been completed up to the delivery of the judgment; in other words, how the Court judges a case.

Judicial Protection in the European Communities

by Henry Schermers

I. Purpose of the book § 1. The Court of Justice plays a significant role in the development of the European Communities, to some extent comparable with the role of the Supreme Court in the early years of the United States of America. Both are constitutional courts charged with the preservation and the development of the law in a new society. The powers of both are in fact limited by the 1 existing political situation. Each court plays a vital role in the protection of the individual against a vast and increasingly influential administration. In the present book the attempt is made to describe the nature of the ju­ dicial protection within the sphere of European Community law, that is available to individuals and undertakings as well as to the Member States. The study is heavily based on the case-law of the Court of Justice, which in principle is described rather than criticized, mainly for three reasons. (I) The author has great admiration for the Court of Justice and for the manner in which it operates. He considers that a detailed description of the Court's case-law portrays a fine legal system that is not susceptible to a great amount of fundamental criticism.

Justice and Predictability

by A. Cutler D. Nye

Kirchenrecht: Allgemeine Normen und Eherecht (Springers Kurzlehrbücher der Rechtswissenschaft)

by Hans Heimerl Helmut Pree

Das vorliegende Werk ist einerseits als Lehrbuch des kanonischen Rechts tiber die allgemeinen Normen und das Eherecht des ere 1983 angelegt. Als solches ist es fUr den Studenten sowohl der Rechtswissenschaften als auch der Theologie abgefaBt. Es wird auf die wichtigsten Beztige zum osterreichischen staatlichen Recht eingegangen; auBerdem finden die theologischen Zusam­ menhange der verschiedenen Regelungen bzw. Rechtsinstitutionen Bertick­ sichtigung. Andererseits soli das vorliegende Werk als Handbuch fur den in der Praxis des Kirchenrechts Tatigen brauchbar sein. Es geht deshalb erheblich tiber einen bloB en Kommentar des Gesetzestextes hinaus. Auch wird an man­ chen Stell en, wo dies fUr das Verstandnis bestimmter Rechtsinstitute bedeut­ sam erscheint, auf die rechtshistorischen Zusammenhange hingewiesen. Dem Zeitpunkt und dem Zweck entsprechend, steht die Darstellung des nun geltenden Rechts im Vordergrund. Eine kritische Auseinandersetzung da­ mit und Ausblicke auf die Weiterentwicklung sind gewiB Aufgabe derKano­ nistik, soli en in diesem Rahmen aber nur durch einzelne Hinweise angespro­ chen werden. Aufrichtiger Dank gebtihrt allen, die zum Gelingen dieses Werkes beigetra­ gen haben: Unseren wissenschaftlichen Mitarbeitern Dr. Marianne Roth und Dr. Anton Moises fur die sorgfaltige Erstellung der Verzeichnisse und das Mitlesen der Korrekturen, Frau Elfriede Landschtitzer fUr das unermtidliche und umsichtige Schreiben des Manuskripts.

Law, Morality and Rights (Synthese Library #162)

by M. A. Stewart

The Royal Institute of Philosophy has been sponsoring conferences in alternate years since 1969. These have from the start been intended to be of interest to persons who are not philosophers by profession. They have mainly focused on interdisciplinary areas such as the philosophies of psychology, education and the social sciences. The volumes arising from these conferences have in­ cluded discussions between philosophers and distinguished prac­ titioners of other disciplines relevant to the chosen topic. Beginning with the 1979 conference on 'Law, Morality and Rights' and the 1981 conference on 'Space, Time and Causality' these volumes are now constituted as a series. It is hoped that this series will contribute to advancing philosophical understanding at the frontiers of philosophy and areas of interest to non-philos­ ophers. It is hoped that it will do so by writing which reduces technicalities as much as the subject-matter permits. In this way the series is intended to demonstrate that philosophy can be clear and worthwhile in itself and at the same time relevant to the interests of lay people.

Legal Aspects of Geology

by Ronald W. Tank

This treatise is an outgrowth of a series of seminars and tutorials on selected legal aspects of geology that were offered to several generations of undergraduate students at Lawrence University. The offerings were in response to a keen interest in how the law and legal institutions relate to the professional geologist. Much of the student interest was undoubtedly sparked by the legal controversies as­ sociated with the "environmental movement" that became so active during the 1970s and continues today to look to the law for the resolution of conflicting goals. Other students were interested in the role allocated to law by society in general, or were simply curious about law as a profession. Existing published material did not meet my needs, and I had to rely on "handouts" summarizing legal principles, reported appellate cases, and guest lectures from the county bar association. The more formally prepared course materials were edited by practicing attorneys and scholars in academia who encouraged me to seek a publisher who might make the materials available to a broader audience-an audience that might include not only students of the law but also the professional geologist, geological engineers, planners, policy­ makers, and attorneys, whether in industry, government, education, or private practice, who want to know more about the relationship between law and geology.

Legal Foundations of Environmental Planning: Textbook-Casebook and Materials on Environmental Law

by Jerome G. Rose

Planners and lawyers engaged in the formulation and implementation of plans affecting the environment should have a working knowledge of the legal principles affecting those plans. They should also be familiar with the principles of environmental law. However, environmental law has not been a traditional part of the curriculum of law schools. Many practicing lawyers have never taken a course in environmental law; nor have many of the judges charged with deciding cases whose outcome may have consequences for the environment.In the interest of counteracting this lack of knowledge, Legal Foundations of Environmental Planning integrates excerpts from more than seventy-five court case rulings to illustrate the system of environmental laws and the problems of enforcement.Dedicated specifically to discussions on legal theories and procedures, air pollution, water pollution, and control of population growth and distribution, this sourcebook also includes an extensive glossary of environmental terms. It is a valuable aid for students, legal specialists, public officials, environmental professionals, and urban planners.

Legal Foundations of Environmental Planning: Textbook-Casebook and Materials on Environmental Law

by Jerome G. Rose

Planners and lawyers engaged in the formulation and implementation of plans affecting the environment should have a working knowledge of the legal principles affecting those plans. They should also be familiar with the principles of environmental law. However, environmental law has not been a traditional part of the curriculum of law schools. Many practicing lawyers have never taken a course in environmental law; nor have many of the judges charged with deciding cases whose outcome may have consequences for the environment.In the interest of counteracting this lack of knowledge, Legal Foundations of Environmental Planning integrates excerpts from more than seventy-five court case rulings to illustrate the system of environmental laws and the problems of enforcement.Dedicated specifically to discussions on legal theories and procedures, air pollution, water pollution, and control of population growth and distribution, this sourcebook also includes an extensive glossary of environmental terms. It is a valuable aid for students, legal specialists, public officials, environmental professionals, and urban planners.

The Legal Regime of Fisheries in the Caribbean Region (Coastal and Estuarine Studies #7)

by W. R. Edeson J.-F. Pulvenis

This book has its genesis in materials collected in the Hestern Central Atlantic region in preparation for a regional seminar on the Changing Law of the Sea and its Implications for Fisheries in the Hestern Atlantic. The Seminar, which was organised by the Food and Agriculture Organisation of the UN and funded by the Norwegian government, was held in Havana, Cuba, 1980. Most of the materials were gathered by the authors as a result of direct contact with the fisheries authorities of the region, and supplemented where possible by information obtained from public sources for the remaining countries not visited. Twenty seven countries in the region were visited, and the authors were able to obtain materials much of which is not readily accessible except in the individual countries. In writing this book, the authors have become indebted to many people for their advice and assistance. He wish to thank in particular the Food and Agriculture Organisation of the United Nations for permitting use to be made of papers submitted to the Havana seminar, and to the following members of that Organisation: L.

Main Economic Policy Areas of the EEC

by P. Coffey

by Peter Coffey This is indeed a most opportune time for the publication of a serious, critical and independent study about the "Main Economic Policy Areas of the EEC". The European Economic Community is the world's most import­ ant commercial and trading bloc and its economic policies consequently have the most far-reaching implications for all countries in the world. The rest of the world is acutely conscious of the Community's trading policies. In turn, these policies (apart from those based on historical links - ante­ cedent to the EEC's formation) are strongly influenced by the internal economic policies of the Common Market - especially by the Common Agricultural Policy (CAP). At the present time, the Community finds itself, both in­ ternally and externally, at a crossroads. This crossroads takes the form of a choice between 'protectionism' or 'open­ ness'. Unfortunately, present evidence suggests that currently and in the immediately foreseeable future the former option has been chosen by the EEC.

Methodenlehre der Rechtswissenschaft (Enzyklopädie der Rechts- und Staatswissenschaft)

by K. Larenz

Jede Wissenschaft bedient sich bestimmter Methoden, Arten des Vorgehens, um Antworten auf die von ihr gestellten Fragen zu erlangen. Welcher Methoden bedient sich die Rechtswissenschaft? Unter der "Rechtswissenschaft" wird in die­ sem Buche diejenige Wissenschaft verstanden, die sich mit der Lösung von Rechts­ fragen im Rahmen und auf der Grundlage einer bestimmten, historisch erwachse­ nen Rechtsordnung befaßt, also die herkömmlicherweise so genannte Jurisprudenz. Mit dem Recht befassen sich auch andere Wissenschaften, so die Rechtshistorie und die Rechtssoziologie. Es versteht sich, daß sich die Rechtshistorie der Metho­ den der Geschichtswissenschaft, die Rechtssoziologie soziologischer Methoden be­ dient. Wie aber steht es mit der Rechtswissenschaft im engeren Sinne, also der Jurisprudenz? Es hat eine Zeit gegeben, sie liegt noch nicht sehr lange zurück, da war es den Juristen nicht zweifelhaft, daß sie über Methoden sowohl der Lösung von Rechts­ fällen wie der Bearbeitung des geltenden Rechts in seiner Gesamtheit verfügten, die denen anderer Wissenschaften hinsichtlich der an sie zu stellenden Anforderungen nicht nachstünden. Heute ist das anders. Man spricht von "Gewißheitsverlusten im juristischen Denken" \ hält Methodenwahl für beliebig, will sich, statt mit als zu­ treffend erkannten, mit nur "vertretbaren" oder "konsensfahigen" Lösungen be­ gnügen oder verweist die Juristen gar auf die Sozialwissenschaften als die einzigen, von denen sie für sie relevante Erkenntnisse erwarten dürften. Dahinter steht einmal die Erkenntnis, daß in juristische Beurteilungen - z. B. eines bestimmten Verhaltens als "fahrlässig" - immer wieder Bewertungen einfließen.

Modern Partnership Law (Routledge Revivals)

by David Milman Terence Flanagan

First published in 1983, Modern Partnership Law departs from the traditionally stale treatment of the subject. The amount of effort being made to encourage small businesses has made partnership law particularly relevant. This book contains chapters on partnership finance; employees; partnerships between spouses and legal intervention in partnership law. In an attempt to move away from citing hackneyed nineteenth century English authorities on this subject, greater prominence is given to Commonwealth cases. This book should be a stimulating addition to the list of all law students.

Modern Partnership Law (Routledge Revivals)

by David Milman Terence Flanagan

First published in 1983, Modern Partnership Law departs from the traditionally stale treatment of the subject. The amount of effort being made to encourage small businesses has made partnership law particularly relevant. This book contains chapters on partnership finance; employees; partnerships between spouses and legal intervention in partnership law. In an attempt to move away from citing hackneyed nineteenth century English authorities on this subject, greater prominence is given to Commonwealth cases. This book should be a stimulating addition to the list of all law students.

New Perspectives and Conceptions of International Law: An Afro-European Dialogue (Österreichische Zeitschrift für öffentliches Recht und Völkerrecht - Supplementa #6)


The quest for new perspectives and conceptions of internation­ al law today is a response to the transition in international rela­ tions from a Euro-centric, status-quo oriented to a geo-centric, more development-oriented state system. This volume contains contributions from both Mrican and Eu­ ropean scholars and also practitioners, who elaborate the main theme of this book in three key areas: New International Econom­ ic Order, Human Rights, and National Liberation in Southern Africa. Special emphasis is laid on the teaching and the need of a curriculum reform in international law. Especially for this purpose more account will have to be taken of new regions and their partic­ ular needs, as they are perceived by those most directly concerned. Also from this point of view the sub-region of Southern Africa will be variously focused upon in this publication. The contributions to this book emanated from a workshop, jointly organized by the Institute of International Law and Inter­ national Relations of the University of Graz, Austria, and the Uni­ versity of Zimbabwe in Harare, formerly Salisbury, in February 1982. A first workshop of this kind took place in July 1980 at the Nigerian Institute of Advanced Legal Studies at the University of Lagos on the friendly invitation of its Director Dr. A. T. Aguda, and was organized in co-operation with the Department of Juris­ prudence and International Law, Head Prof. Dr. M. A. Ajomo.

Personenrecht (Linzer Universitätsschriften #9)

by H. Eichler

Perspectives on the Holocaust (Holocaust Studies Series)

by Randolph L. Braham

The number of books and articles dealing with various aspects of World War II has increased at a phenomenal rate since the end of the hostilities. Perhaps no other chapter in this bloodiest of all wars has received as much attention as the Holo­ caust. The Nazis' program for the "Final Solution of the Jewish Question" - this ideologically conceived, diabolical plan for the physicalliquidation of European Jewry - has emerged as a subject of agonizing and intense interest to laypersons and scholars alike. The centrality of the Holocaust in the study of the Third Reich and the Nazi phenomenon is almost universally recognized. The source materials for many of the books published during the immediate postwar period were the notes and diaries kept by many camp and ghetto dwellers, who were sustained during their unbelievable ordeal by the unusual drive to bear witness. These were supplemented after the liberation by a large number of personal narratives collected from survivors alI over Europe. Understandably, the books published shortly after the war ended were mainly martyrological and lachrymological, reflecting the trauma of the Holocaust at the personal, individual level. These were soon followed by a considerable number of books dealing with the moral and religious questions revolving around the role ofthe lay and spiritual leaders of the doomed Jewish communities, especially those involved in the Jewish Councils, as well as God' s responsibility toward the "chosen people.

Prejudice and Pride: Discrimination against gay people in modern Britain (Routledge Revivals)

by Bruce Galloway

First published in 1983, Prejudice and Pride chronicles legal and social discrimination against gay people living in Britain in 1980s. The book alerts its readers to the ways in which gay men and women were treated in our society and how discrimination in each area can be tackled. The book speaks to us all, providing a blueprint for action through the 1980s. While things today might be better, the book is a reminder that the struggle for equal rights was and will continue to be long and cumbersome. The book acknowledges the action and support of the Campaign for Homosexual Equality and will be of interest to students of history, sociology, law, gender studies and sexuality studies.

Prejudice and Pride: Discrimination against gay people in modern Britain (Routledge Revivals)

by Bruce Galloway

First published in 1983, Prejudice and Pride chronicles legal and social discrimination against gay people living in Britain in 1980s. The book alerts its readers to the ways in which gay men and women were treated in our society and how discrimination in each area can be tackled. The book speaks to us all, providing a blueprint for action through the 1980s. While things today might be better, the book is a reminder that the struggle for equal rights was and will continue to be long and cumbersome. The book acknowledges the action and support of the Campaign for Homosexual Equality and will be of interest to students of history, sociology, law, gender studies and sexuality studies.

Prisoners' Self-Help Litigation Manual

by John Boston Daniel E Manville

Prisoners' Self-Help Litigation Manual, in its much-anticipated fourth edition, is an indispensable guide for prisoners and prisoner advocates seeking to understand the rights guaranteed to prisoners by law and how to protect those rights. Clear, comprehensive, practical advice provides prisoners with everything they need to know on conditions of confinement, civil liberties in prison, procedural due process, the legal system, how to litigate, conducting effective legal research, and writing legal documents. Written by two legal and penitentiary experts with intimate knowledge of prisoner's rights and legal aid work, authors John Boston and Daniel E. Manville strategically focus on federal constitutional law, providing prisoners and those wishing to assist them with the most important information concerning legal rights. Over the past decade, prison law and conditions have changed significantly. This new edition is updated to include the most relevant prisoners' rights topics and approaches to litigation. Updates include all aspects of prison life as well as material on legal research, legal writing, types of legal remedies, and how to effectively use those remedies. Certainly the most authoritative, well-organized and relevant prisoner's rights manual available - - the eagerly awaited fourth edition should be purchased by everyone interested in civil rights for the incarcerated.

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