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The Poison Line: Life and Death in the Infected Blood Scandal
by Cara McGooganThe shocking true story of the infected blood scandal: the worst treatment disaster in NHS history, which saw people infected with HIV by a revolutionary medical treatment and a cover-up from governments and the multi-billion-dollar plasma industry.'The Poison Line is the gripping tale of a terrible scandal' Jonathan Freedland, author of The Escape Artist‘Books are routinely described as extraordinary, but this one really is’ John Preston, author of Fall________________Factor VIII was billed as a medical miracle when it was put on the market in the late 1960s: a revolutionary treatment that meant people with haemophilia no longer feared a bleed might prove fatal. But as the treatment was rolled out, haemophiliacs began to contract hepatitis and AIDS in terrifying numbers. How safe was Factor VIII?Even as medical bodies and pharmaceutical companies tried to discredit whistleblowers and diminish the evidence, it became abundantly clear that the ‘miracle’ treatment was infected. Before long, Factor VIII was killing the very people it promised to protect. And government embarked on a cover-up on an industrial scale.Award-winning investigative journalist Cara McGoogan follows the survivors-turned-campaigners, the small-town lawyers and the fearless journalists who took on some of the most powerful interests in the world to uncover what really happened in the infected blood scandal.________________‘This is a vital account of the infected blood scandal and subsequent cover-up . . . The truth must be told’ Andy Burnham'McGoogan's work serves as a beacon for those of us dedicated to uncovering facts in the service of justice and human rights' Eliot Higgins, author of We Are Bellingcat'The definitive account of one of modern medicine's most chilling scandals' Gerald Posner, author of PharmaShortlisted for the J. Anthony Lukas Book Prize 2024A Financial Times and Prospect 2023 Book of the Year
Governance of Radioactive Waste, Special Waste and Carbon Storage: Literacy in Dealing with Long-term Controversial Sociotechnical Issues (Springer Textbooks in Earth Sciences, Geography and Environment)
by Thomas FlüelerThis book demonstrates that the long-term safety of nuclear waste repositories, special waste disposal and carbon storage (CCS) is highly challenging and monitoring may contribute to substantiate evidence, support decision making and legitimise the programme. Deep geological disposal is a long-term safety issue and, in parallel, requires long-term institutional involvement of the technoscientific community, waste producers, public administrators, NGOs and the public. What, where and when to monitor is determined by its goal setting: It may be operational, confirmatory (in the near field) or environmental (far field). Strategic monitoring as proposed here contributes to process, implementation or policy and institutional surveillance. It not only addresses the controversial long-lasting “problem” (of nuclear, other toxic or CO2 waste) but investigates some ways to approach for “solutions” or solution spaces – not just technical but also institutional, societal and personal. It includes the tailored transfer of knowledge, concept and system understanding, experience and documentation to specific audiences above. It is an integrative tool of targeted yet adaptive management and may be applicable to other long-term sociotechnical fields.
Uncountable: A Philosophical History of Number and Humanity from Antiquity to the Present
by David Nirenberg Ricardo L. NirenbergRanging from math to literature to philosophy, Uncountable explains how numbers triumphed as the basis of knowledge—and compromise our sense of humanity. Our knowledge of mathematics has structured much of what we think we know about ourselves as individuals and communities, shaping our psychologies, sociologies, and economies. In pursuit of a more predictable and more controllable cosmos, we have extended mathematical insights and methods to more and more aspects of the world. Today those powers are greater than ever, as computation is applied to virtually every aspect of human activity. Yet, in the process, are we losing sight of the human? When we apply mathematics so broadly, what do we gain and what do we lose, and at what risk to humanity? These are the questions that David and Ricardo L. Nirenberg ask in Uncountable, a provocative account of how numerical relations became the cornerstone of human claims to knowledge, truth, and certainty. There is a limit to these number-based claims, they argue, which they set out to explore. The Nirenbergs, father and son, bring together their backgrounds in math, history, literature, religion, and philosophy, interweaving scientific experiments with readings of poems, setting crises in mathematics alongside world wars, and putting medieval Muslim and Buddhist philosophers in conversation with Einstein, Schrödinger, and other giants of modern physics. The result is a powerful lesson in what counts as knowledge and its deepest implications for how we live our lives.
English Administrative Law from 1550: Continuity and Change (Oxford Legal History)
by Paul CraigThe commonly held view about English administrative law is that it is of recent origin, with some dating it from the mid-20th century and some venturing back to the late 19th century. English Administrative Law from 1550: Continuity and Change upends this conventional thinking, charting its development from the mid-16th century with an in-depth examination of administrative law doctrine based on primary legal materials, statute, and case law. This book is divided into four parts. Part 1 sets out the book's principal thesis, contrasting standard perceptions concerning the existence of English administrative law with the reality of its emergence from the mid-16th century. Part 2 is concerned with Regulation and Administration from the mid-16th century to the end of the 19th century. There is detailed analysis of the regulatory and administrative state, which includes chapters on the way in which administrative policy was developed through individual decision-making and rulemaking, and the role played by contract in service delivery. Part 3 deals with Courts and Doctrine. It begins with discussion of foundational precepts followed by chapters on natural justice; review of law and fact; rights; delegation, fettering and purpose; reasonableness; proportionability; prerogative; and third and fourth source power. Part 4 of the book covers Remedies and Review, with chapters on invalidity; standing; the prerogative writs; injunction, declaration, quo warranto and habeas corpus; and damages and restitutionary liability. With thought-provoking and original insights, English Administrative Law from 1550 systematically elaborates and contextualizes the origins of administrative law features while linking them to their modern-day equivalents.
English Administrative Law from 1550: Continuity and Change (Oxford Legal History)
by Paul CraigThe commonly held view about English administrative law is that it is of recent origin, with some dating it from the mid-20th century and some venturing back to the late 19th century. English Administrative Law from 1550: Continuity and Change upends this conventional thinking, charting its development from the mid-16th century with an in-depth examination of administrative law doctrine based on primary legal materials, statute, and case law. This book is divided into four parts. Part 1 sets out the book's principal thesis, contrasting standard perceptions concerning the existence of English administrative law with the reality of its emergence from the mid-16th century. Part 2 is concerned with Regulation and Administration from the mid-16th century to the end of the 19th century. There is detailed analysis of the regulatory and administrative state, which includes chapters on the way in which administrative policy was developed through individual decision-making and rulemaking, and the role played by contract in service delivery. Part 3 deals with Courts and Doctrine. It begins with discussion of foundational precepts followed by chapters on natural justice; review of law and fact; rights; delegation, fettering and purpose; reasonableness; proportionability; prerogative; and third and fourth source power. Part 4 of the book covers Remedies and Review, with chapters on invalidity; standing; the prerogative writs; injunction, declaration, quo warranto and habeas corpus; and damages and restitutionary liability. With thought-provoking and original insights, English Administrative Law from 1550 systematically elaborates and contextualizes the origins of administrative law features while linking them to their modern-day equivalents.
Fair and Equitable Benefit-sharing in International Law
by Elisa MorgeraFair and equitable benefit-sharing is a diffuse legal phenomenon in international law. The continued proliferation of benefit-sharing clauses can be explained by their appeal as an optimistic frame in addressing sustainability and equity concerns related to bio-based innovation, the use of natural resources, environmental protection, and knowledge creation. In principle, fair and equitable benefit-sharing serves to recognize, encourage, and incentivise sustainable human relationships with the environment by focusing on equity issues arising from the most intractable challenges of our time, such as loss of biodiversity, climate change, poverty, and global epidemics. Empirical evidence, however, indicates that, in practice, benefit-sharing rarely achieves its fairness and equity objectives, and ends up entrenching or worsening inequitable relationships with little to no benefit for the environment. Instead of focusing on fair and equitable benefit-sharing in sub-specialist areas of international law in isolation, Elisa Morgera assesses the phenomenon from a general international law perspective and through comparison-across international environmental law, international human rights law, international health law, and the law of the sea. Strengthened by insights from local-level case studies in different regions and sectors, this book looks toward overcoming the limitations inherent in individual international regimes and addressing the shortcomings in benefit-sharing implementation. Morgera's topical and comprehensive analysis reveals opportunities to advance fairness and equity in benefit-sharing through a mutually supportive interpretation of international biodiversity law and international human rights law, as well as opportunities to contribute to future research in areas such as international health law, international law on outer space, and international economic law. This is an open access title. It is made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 International licence. It is available to read and download as a PDF version on the Oxford Academic platform.
Fair and Equitable Benefit-sharing in International Law
by Elisa MorgeraFair and equitable benefit-sharing is a diffuse legal phenomenon in international law. The continued proliferation of benefit-sharing clauses can be explained by their appeal as an optimistic frame in addressing sustainability and equity concerns related to bio-based innovation, the use of natural resources, environmental protection, and knowledge creation. In principle, fair and equitable benefit-sharing serves to recognize, encourage, and incentivise sustainable human relationships with the environment by focusing on equity issues arising from the most intractable challenges of our time, such as loss of biodiversity, climate change, poverty, and global epidemics. Empirical evidence, however, indicates that, in practice, benefit-sharing rarely achieves its fairness and equity objectives, and ends up entrenching or worsening inequitable relationships with little to no benefit for the environment. Instead of focusing on fair and equitable benefit-sharing in sub-specialist areas of international law in isolation, Elisa Morgera assesses the phenomenon from a general international law perspective and through comparison-across international environmental law, international human rights law, international health law, and the law of the sea. Strengthened by insights from local-level case studies in different regions and sectors, this book looks toward overcoming the limitations inherent in individual international regimes and addressing the shortcomings in benefit-sharing implementation. Morgera's topical and comprehensive analysis reveals opportunities to advance fairness and equity in benefit-sharing through a mutually supportive interpretation of international biodiversity law and international human rights law, as well as opportunities to contribute to future research in areas such as international health law, international law on outer space, and international economic law. This is an open access title. It is made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 International licence. It is available to read and download as a PDF version on the Oxford Academic platform.
Human Rights and the Care of Older People: Dignity, Vulnerability, and the Anti-Torture Norm
by Maeve O?RourkeSet against the rapid aging of the world's population, Human Rights and the Care of Older People explores the potential for the rule against torture and ill-treatment in international human rights law to better protect older people from care-related mistreatment. The book's analysis is broadly relevant but is prompted by the widespread reports of older people's suffering due to lack of access to care and coercion in respect of care needs. This includes the deprivation of liberty for 'care'. While recognizing that a new United Nations Convention on the rights of older people is on the horizon, the book argues that there is a pressing need for older people and all human rights actors to use and progressively interpret the established right to freedom from torture and ill-treatment. As an interpretive lens, the book offers a conception of a dignity violation that may amount to prohibited ill-treatment and thus trigger states' positive obligations to protect, including through systemic prevention measures. This book is intended as a tool for advocacy and a call for critical awareness, highlighting the anti-torture norm's potential for more effective application and challenging current legal barriers to such effectiveness. Meant for readers worldwide, the book addresses the rule against torture and ill-treatment from international law, regional European, Inter-American, and African perspectives. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on Oxford Academic and offered as a free PDF download from OUP and selected open access locations.
Human Rights and the Care of Older People: Dignity, Vulnerability, and the Anti-Torture Norm
by Maeve O?RourkeSet against the rapid aging of the world's population, Human Rights and the Care of Older People explores the potential for the rule against torture and ill-treatment in international human rights law to better protect older people from care-related mistreatment. The book's analysis is broadly relevant but is prompted by the widespread reports of older people's suffering due to lack of access to care and coercion in respect of care needs. This includes the deprivation of liberty for 'care'. While recognizing that a new United Nations Convention on the rights of older people is on the horizon, the book argues that there is a pressing need for older people and all human rights actors to use and progressively interpret the established right to freedom from torture and ill-treatment. As an interpretive lens, the book offers a conception of a dignity violation that may amount to prohibited ill-treatment and thus trigger states' positive obligations to protect, including through systemic prevention measures. This book is intended as a tool for advocacy and a call for critical awareness, highlighting the anti-torture norm's potential for more effective application and challenging current legal barriers to such effectiveness. Meant for readers worldwide, the book addresses the rule against torture and ill-treatment from international law, regional European, Inter-American, and African perspectives. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on Oxford Academic and offered as a free PDF download from OUP and selected open access locations.
Strategy and Leadership as Service: How the Access Economy Meets the C-Suite
by Sara DawStrategy and Leadership as Service isn’t just a nice idea; it is a practical, alternative vision of the future of work for senior executives that is starting to gain significant interest and is being adopted by businesses globally. Disrupting and challenging the traditional full-time employment model, the Strategy and Leadership as Service framework provides businesses with access to the complete range of functional, emotional, and collective intelligence at the C-suite level by moving their positions from the “pay-roll” to an “access-role.”Many entrepreneurial and growing businesses don’t need, don’t want, and can’t afford full-time C-suite executives. For larger organisations, it is becoming harder to find the skills and knowledge required to fulfil all the obligations of a functional C-suite with a fixed group of individuals. By moving to the Strategy and Leadership as Service framework, the outcomes are better for all stakeholders: more engagement, access to the right skillsets and mindsets at the right time and in the right quantity to match the changing business agenda, more flexibility for senior leaders, and strengthened risk management. Through presenting a working business model, and real-world case studies throughout, this book provides executives and leaders with a complete understanding of this ground-breaking approach and its key benefits, the theory upon which it is based, its essential ingredients, the mindset change required and, most importantly, how to apply it in practice.The book provides business leaders, C-suite portfolio executives, human resource professionals, strategy consultants, leadership coaches, organisational development consultants, recruiters, professional service firms, academics, and forward-thinking business students with a radical new view of how the access economy can be applied to business strategy and leadership for more sustainable futures.
Strategy and Leadership as Service: How the Access Economy Meets the C-Suite
by Sara DawStrategy and Leadership as Service isn’t just a nice idea; it is a practical, alternative vision of the future of work for senior executives that is starting to gain significant interest and is being adopted by businesses globally. Disrupting and challenging the traditional full-time employment model, the Strategy and Leadership as Service framework provides businesses with access to the complete range of functional, emotional, and collective intelligence at the C-suite level by moving their positions from the “pay-roll” to an “access-role.”Many entrepreneurial and growing businesses don’t need, don’t want, and can’t afford full-time C-suite executives. For larger organisations, it is becoming harder to find the skills and knowledge required to fulfil all the obligations of a functional C-suite with a fixed group of individuals. By moving to the Strategy and Leadership as Service framework, the outcomes are better for all stakeholders: more engagement, access to the right skillsets and mindsets at the right time and in the right quantity to match the changing business agenda, more flexibility for senior leaders, and strengthened risk management. Through presenting a working business model, and real-world case studies throughout, this book provides executives and leaders with a complete understanding of this ground-breaking approach and its key benefits, the theory upon which it is based, its essential ingredients, the mindset change required and, most importantly, how to apply it in practice.The book provides business leaders, C-suite portfolio executives, human resource professionals, strategy consultants, leadership coaches, organisational development consultants, recruiters, professional service firms, academics, and forward-thinking business students with a radical new view of how the access economy can be applied to business strategy and leadership for more sustainable futures.
Intangible Intangibles: Patent Law's Engagement with Dematerialised Subject Matter (Cambridge Intellectual Property and Information Law)
by null Brad ShermanThis book takes as its starting point recent debates over the dematerialisation of subject matter which have arisen because of changes in information technology, molecular biology, and related fields that produced a subject matter with no obvious material form or trace. Arguing against the idea that dematerialisation is a uniquely twenty-first century problem, this book looks at three situations where US patent law has already dealt with a dematerialised subject matter: nineteenth century chemical inventions, computer-related inventions in the 1970s, and biological subject matter across the twentieth century. In looking at what we can learn from these historical accounts about how the law responded to a dematerialised subject matter and the role that science and technology played in that process, this book provides a history of patentable subject matter in the United States. This title is available as Open Access on Cambridge Core.
How Government Built America
by null Sidney A. Shapiro null Joseph P. TomainHow Government Built America challenges growing, anti-government rhetoric by highlighting the role government has played in partnering with markets to build the United States. Sidney A. Shapiro and Joseph P. Tomain explore how markets can harm and fail the country, and how the government has addressed these extremes by restoring essential values to benefit all citizens. Without denying that individualism and small government are part of the national DNA, the authors demonstrate how democracy and a people pursuing communal interests are equally important. In highly engaging prose, the authors describe how the government, despite the complexity of markets, remains engaged in promoting economic prosperity, protecting people, and providing an economic safety net. Each chapter focuses on a historical figure, from Lincoln to FDR to Trump, to illustrate how the government-market mix has evolved over time. By understanding this history, readers can turn the national conversation back to what combination of government and markets will best serve the country.
The Legal Brain: A Lawyer's Guide to Well-Being and Better Job Performance
by null Debra S. AustinThe 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.
Gun Control in Context: Learning from the Australian Gun Control Experience
by Suzanna FayThis 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.
Gun Control in Context: Learning from the Australian Gun Control Experience
by Suzanna FayThis 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.
Missing: My life finding the lost and delivering justice for the living
by Charlie Hedges'A phenomenal insight... a fascinating read. I couldn't put it down' Jackie Malton, author of The Real Prime SuspectEvery 90 seconds in the UK, a missing person is reported to the police.A pioneer in the field with experience spanning four decades, Charlie Hedges' job is to work out the best way to find them. What's going on in their life? When were they last seen?Have they chosen to go missing or is someone else involved?With no two cases ever the same, Charlie has been involved in some of the most high-profile reports during his career with the police and as a consultant in missing cases. From the evil of abductions and trafficking to the tragic accidents of the vulnerable, Charlie has dedicated his life to developing the ways we help not just the missing, but the families and loved ones left behind.Unique and fascinating, Missing tells Charlie's untold story of finding those who desperately need to be found and the cases that will never leave him.
The Routledge Handbook for Global South Studies on Subjectivities (Transdisciplinary Souths)
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.
The Routledge Handbook for Global South Studies on Subjectivities (Transdisciplinary Souths)
by Sebastian Thies Susanne Goumegou Georgina CebeyThe 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.
The Killing Kind
by null Jane CaseyNow a major new TV series starring Emma Appleton and Colin Morgan The incredible new break-out thriller from the bestselling author. Ingrid will never forget what John did.The people he hurt. The way he lied about it so easily. The way she defended him. Now he’s back.He says a murderer is after her. He says only he can protect her. Would you trust him?The clock is ticking for Ingrid to decide. Because the killer is ready to strike… Praise for The Killing Kind 'Nobody understands the dark gap between justice and the law better than Jane Casey' Val McDermid ‘Cool, accomplished, compulsive’ Cara Hunter ‘Extremely tense and very gripping’ Ruth Ware ‘A compulsive page-turner ’ Steve Cavanagh ‘A breathless game of cat-and-mouse’ Erin Kelly ‘A truly masterly thriller’ Liz Nugent ‘Tense and well-plotted’ Harriet Tyce ‘Each twist tightens the screw’ J. R. Ellis ‘Tense, pacy, addictive’ Sarah Vaughan ‘Brilliant plotted’ Catherine Cooper 'One of my favourite writers’ Dervla McTiernan ‘Twisty and unexpected’ Ann Cleeves ‘Heart-stopping twists ’ Sarah Hilary ‘Endlessly surprising’ Catherine Ryan Howard ‘One of those 'just one more page' books’ Susi Holliday ‘Authentic, tense, thrilling’ Will Dean ‘Intricate’ Jane Shemilt 'Fast-paced’ Jo Spain ‘Brilliant’ The Times ‘Creepily good’ Daily Mail ‘Chilling’ Sunday Times
Tort Litigation against Transnational Corporations: The Challenge of Jurisdiction in English Courts (Oxford Private International Law Series)
by Ekaterina AristovaThere is an emerging trend of private claims being brought against parent companies of transnational corporations for their alleged involvement in human rights and environmental abuses committed abroad. These cases form part of an international effort aimed at strengthening responsible business conduct, the success of which depends on the rules governing domestic courts' power to adjudicate disputes. However, in an increasingly globalised environment, the territorial focus of the adjudicative jurisdiction is often contrary to the transnational nature of the business activities. To address this puzzle, Tort Litigation against Transnational Corporations seeks to answer three questions: Firstly, to what extent can English courts, under existing rules, exercise jurisdiction over an English parent company and its foreign subsidiaries as co-defendants? Secondly, is England a suitable forum for deciding transnational human rights claims? And, finally, should the jurisdictional competence of the English courts be broadened through a new connecting factor derived from the 'economic enterprise' theory? While the book is written from the perspective of English law, it also draws on examples of similar claims in other jurisdictions to broaden the discussion. It offers a new angle to the business and human rights discourse by placing the discussion of parent company liability cases in the context of the topical debate about the changing role of private international law in a globalised world.
Tort Litigation against Transnational Corporations: The Challenge of Jurisdiction in English Courts (Oxford Private International Law Series)
by Ekaterina AristovaThere is an emerging trend of private claims being brought against parent companies of transnational corporations for their alleged involvement in human rights and environmental abuses committed abroad. These cases form part of an international effort aimed at strengthening responsible business conduct, the success of which depends on the rules governing domestic courts' power to adjudicate disputes. However, in an increasingly globalised environment, the territorial focus of the adjudicative jurisdiction is often contrary to the transnational nature of the business activities. To address this puzzle, Tort Litigation against Transnational Corporations seeks to answer three questions: Firstly, to what extent can English courts, under existing rules, exercise jurisdiction over an English parent company and its foreign subsidiaries as co-defendants? Secondly, is England a suitable forum for deciding transnational human rights claims? And, finally, should the jurisdictional competence of the English courts be broadened through a new connecting factor derived from the 'economic enterprise' theory? While the book is written from the perspective of English law, it also draws on examples of similar claims in other jurisdictions to broaden the discussion. It offers a new angle to the business and human rights discourse by placing the discussion of parent company liability cases in the context of the topical debate about the changing role of private international law in a globalised world.
The Code of Honor: Embracing Ethics in Cybersecurity
by Paul J. Maurer Ed SkoudisA comprehensive and practical framework for ethical practices in contemporary cybersecurity While some professions – including medicine, law, and engineering – have wholeheartedly embraced wide-ranging codes of ethics and conduct, the field of cybersecurity continues to lack an overarching ethical standard. This vacuum constitutes a significant threat to the safety of consumers and businesses around the world, slows commerce, and delays innovation. The Code of Honor: Embracing Ethics in Cybersecurity delivers a first of its kind comprehensive discussion of the ethical challenges that face contemporary information security workers, managers, and executives. Authors Ed Skoudis, President of the SANS Technology Institute College and founder of the Counter Hack team, and Dr. Paul Maurer, President of Montreat College, explain how timeless ethical wisdom gives birth to the Cybersecurity Code which is currently being adopted by security practitioners and leaders around the world. This practical book tells numerous engaging stories that highlight ethically complex situations many cybersecurity and tech professionals commonly encounter. It also contains compelling real-world case studies – called Critical Applications – at the end of each chapter that help the reader determine how to apply the hands-on skills described in the book. You'll also find: A complete system of cybersecurity ethics relevant to C-suite leaders and executives, front-line cybersecurity practitioners, and students preparing for careers in cybersecurity. Carefully crafted frameworks for ethical decision-making in cybersecurity. Timeless principles based on those adopted in countless professions, creeds, and civilizations. Perfect for security leaders, operations center analysts, incident responders, threat hunters, forensics personnel, and penetration testers, The Code of Honor is an up-to-date and engaging read about the ethically challenging world of modern cybersecurity that will earn a place in the libraries of aspiring and practicing professionals and leaders who deal with tech every day.
Rene Girard, Law, Literature, and Cinema: The Legal Drama of the Scapegoat
by Eric M. WilsonThis 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.
Intuitively Rational: How We Think and How We Should
by Andrew McGee Charles FosterThis book is about the respective roles of intuition and reasoning in ethics. It responds to a number of well-known philosophers and psychologists, and proposes a new perspective – radical in its moderation. It examines in depth the work of the philosopher Joshua Greene and the psychologist Jonathan Haidt. With the so-called empirical turn in ethics, much work has been done to try to isolate the role of reason and intuition in forming our moral judgements, with Haidt and Greene leading the research programmes and attracting much of the professional and public attention, and many others following. The current view – shared by both camps – is that intuition is largely the driver of our moral judgements – a view summed up in Haidt’s slogan ‘intuition first, strategic reasoning second’. Haidt believes we have to live with this and accept it. Greene does not: he contends that our intuitions, while suitable for the environments in which we evolved, are worthless in the modern, global, technological age, and to avoid ethical disaster we must learn to adopt reason as the arbiter of moral truth. This book steers a middle course between these two positions and is therefore of great interest to philosophers and psychologists alike.