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The Liberty of Non-citizens: Indefinite Detention in Commonwealth Countries
by Rayner ThwaitesThe book addresses the legality of indefinite detention in countries including Australia, the United Kingdom and Canada, enabling a rich cross-fertilisation of experiences and discourses. The issue has arisen where a government is frustrated in its ability to remove a non-citizen subject to a removal order and employs a power to detain him until removal. The cases raise fundamental questions about the nature and extent of immigration powers, the legal position of non-citizens and counter-terrorism law and policy. More broadly, the judgments have become key reference points in discussions of constitutionalism, rights and a range of contemporary issues in public law.The book analyses the legal context, reasoning and implications of the case law on indefinite detention. It argues that the law of each jurisdiction contains ample resources to support a ruling that indefinite detention is illegal. It demonstrates that, taking into account variations in legal frameworks and doctrines, a judge's response to indefinite detention is determined by his or her answer to the question whether a non-citizen, subject to a removal order, retains a right to liberty. It details how a judge's answer flows through his or her adjudication on the scope of the relevant exception to liberty.The thesis on which the book is based won the 2010 Marks Medal from the University of Toronto Law Faculty for the best graduate thesis.
Liberty, Slavery and the Law in Early Modern Western Europe: Omnes Homines aut Liberi Sunt aut Servi (Studies in the History of Law and Justice #17)
by Filip BatseléThis book investigates the legal evolution of the “free soil principle” in England, France and the Low Countries during the Early Modern period (ca. 1500–1800), which essentially stated that, as soon as slaves entered a certain country, they would immediately gain their freedom. This book synthesizes the existing literature on the origins and evolution of the principle, adds new insights by drawing on previously undiscussed primary sources on the development of free soil in the Low Countries and employs a pan-Western, European and comparative approach to identify and explain the differences and similarities in the application of this principle in France, England and the Low Countries. Divided into four sections, the book begins with a brief introduction to the subject matter, putting it in its historical context. Slavery is legally defined, using the established international law definition, and both the status of slavery in Europe before the Early Modern Period and the Atlantic slave trade are discussed. Secondly, the book assesses the legal origins of the free soil principle in England, France and the Low Countries during the period 1500–1650 and discusses the legal repercussions of slaves coming to England, France and the Low Countries from other countries, where the institution was legally recognized. Thirdly, it addresses the further development of the free soil principle during the period 1650–1800. In the fourth and last section, the book uses the insights gained to provide a pan-Western, European and comparative perspective on the origins and application of the free soil principle in Western Europe. In this regard, it compares the origins of free soil for the respective countries discussed, as well as its application during the heyday of the Atlantic slave trade. This perspective makes it possible to explain some of the divergences in approaches between the countries examined and represents the first-ever full-scale country comparison on this subject in a book.
Liberty Worth the Name: Locke on Free Agency
by Gideon YaffeThis is the first comprehensive interpretation of John Locke's solution to one of philosophy's most enduring problems: free will and the nature of human agency. Many assume that Locke defines freedom as merely the dependency of conduct on our wills. And much contemporary philosophical literature on free agency regards freedom as a form of self-expression in action. Here, Gideon Yaffe shows us that Locke conceived free agency not just as the freedom to express oneself, but as including also the freedom to transcend oneself and act in accordance with "the good." For Locke, exercising liberty involves making choices guided by what is good, valuable, and important. Thus, Locke's view is part of a tradition that finds freedom in the imitation of God's agency. Locke's free agent is the ideal agent.Yaffe also examines Locke's understanding of volition and voluntary action. For Locke, choices always involve self-consciousness. The kind of self-consciousness to which Locke appeals is intertwined with his conception of personal identity. And it is precisely this connection between the will and personal identity that reveals the special sense in which our voluntary actions can be attributed to us and the special sense in which we are active with respect to them. Deftly written and tightly focused, Liberty Worth the Name will find readers far beyond Locke studies and early modern British philosophy, including scholars interested in free will, action theory, and ethics.
Liberty Worth the Name: Locke on Free Agency (Princeton Monographs in Philosophy #5)
by Gideon YaffeThis is the first comprehensive interpretation of John Locke's solution to one of philosophy's most enduring problems: free will and the nature of human agency. Many assume that Locke defines freedom as merely the dependency of conduct on our wills. And much contemporary philosophical literature on free agency regards freedom as a form of self-expression in action. Here, Gideon Yaffe shows us that Locke conceived free agency not just as the freedom to express oneself, but as including also the freedom to transcend oneself and act in accordance with "the good." For Locke, exercising liberty involves making choices guided by what is good, valuable, and important. Thus, Locke's view is part of a tradition that finds freedom in the imitation of God's agency. Locke's free agent is the ideal agent.Yaffe also examines Locke's understanding of volition and voluntary action. For Locke, choices always involve self-consciousness. The kind of self-consciousness to which Locke appeals is intertwined with his conception of personal identity. And it is precisely this connection between the will and personal identity that reveals the special sense in which our voluntary actions can be attributed to us and the special sense in which we are active with respect to them. Deftly written and tightly focused, Liberty Worth the Name will find readers far beyond Locke studies and early modern British philosophy, including scholars interested in free will, action theory, and ethics.
Libya, The Responsibility To Protect And The Future Of Humanitarian Intervention (PDF)
by Aidan Hehir Robert MurrayThis book critically analyses the 2011 intervention in Libya arguing that the manner in which the intervention was sanctioned, prosecuted and justified has a number of troubling implications for the both the future of humanitarian intervention and international peace and security.
Libya, the Responsibility to Protect and the Future of Humanitarian Intervention
by Aidan Hehir and Robert MurrayThis book critically analyses the 2011 intervention in Libya arguing that the manner in which the intervention was sanctioned, prosecuted and justified has a number of troubling implications for the both the future of humanitarian intervention and international peace and security.
License to Harass: Law, Hierarchy, and Offensive Public Speech
by Laura Beth NielsenOffensive street speech--racist and sexist remarks that can make its targets feel both psychologically and physically threatened--is surprisingly common in our society. Many argue that this speech is so detestable that it should be banned under law. But is this an area covered by the First Amendment right to free speech? Or should it be banned? In this elegantly written book, Laura Beth Nielsen pursues the answers by probing the legal consciousness of ordinary citizens. Using a combination of field observations and in-depth, semistructured interviews, she surveys one hundred men and women, some of whom are routine targets of offensive speech, about how such speech affects their lives. Drawing on these interviews as well as an interdisciplinary body of scholarship, Nielsen argues that racist and sexist speech creates, reproduces, and reinforces existing systems of hierarchy in public places. The law works to normalize and justify offensive public interactions, she concludes, offering, in essence, a "license to harass." Nielsen relates the results of her interviews to statistical surveys that measure the impact of offensive speech on the public. Rather than arguing whether law is the appropriate remedy for offensive speech, she allows that the benefits to democracy, to community, and to society of allowing such speech may very well outweigh the burdens imposed. Nonetheless, these burdens, and the stories of the people who bear them, should not remain invisible and outside the debate.
License to Harass: Law, Hierarchy, and Offensive Public Speech
by Laura Beth NielsenOffensive street speech--racist and sexist remarks that can make its targets feel both psychologically and physically threatened--is surprisingly common in our society. Many argue that this speech is so detestable that it should be banned under law. But is this an area covered by the First Amendment right to free speech? Or should it be banned? In this elegantly written book, Laura Beth Nielsen pursues the answers by probing the legal consciousness of ordinary citizens. Using a combination of field observations and in-depth, semistructured interviews, she surveys one hundred men and women, some of whom are routine targets of offensive speech, about how such speech affects their lives. Drawing on these interviews as well as an interdisciplinary body of scholarship, Nielsen argues that racist and sexist speech creates, reproduces, and reinforces existing systems of hierarchy in public places. The law works to normalize and justify offensive public interactions, she concludes, offering, in essence, a "license to harass." Nielsen relates the results of her interviews to statistical surveys that measure the impact of offensive speech on the public. Rather than arguing whether law is the appropriate remedy for offensive speech, she allows that the benefits to democracy, to community, and to society of allowing such speech may very well outweigh the burdens imposed. Nonetheless, these burdens, and the stories of the people who bear them, should not remain invisible and outside the debate.
Licensing Best Practices: The LESI Guide to Strategic Issues and Contemporary Realities
by Robert GoldscheiderA definitive resource for professionals in licensing and technology management In this comprehensive guide to licensing best practices, esteemed members of the Licensing Executives Society International offer in-depth discussion of a broad range of important topics in the field of licensing, including: * Licensing issues in Europe, Asia, Australia, the Middle East, South Africa, and Latin America * Technology valuation * Technology management consulting * Licensing agreements and strategic partnerships * The expansion of the licensing profession * Patent procedures and protection in Europe * Trade secrets law and intellectual property assets * Issues in copyright, software, and Web sites * Trademarks, trade names, and trade dress * Licensing in the biotechnology industry * Pharmaceutical licensing * University licensing trends * Technology rights that are financial assets and instruments * IC-based corporate carve-outs * Licensing and litigation * ADR
Licensing Best Practices: Strategic, Territorial, and Technology Issues
by Robert Goldscheider Alan H. Gordon"The LESI Guide to Licensing Best Practices, to which I was proud to contribute, has found solid acceptance in the international licensing community. The new volume of Licensing Best Practices maintains this high standard. It was designed to be complementary to its predecessor and broadens the scope of the scholarship. Standing alone, Licensing Best Practices is a valuable source of contemporary information. In combination with The LESI Guide to Licensing Best Practices, we have a very valuable source of insights and practical knowledge." —Heinz Goddar Partner Boehmert & Boehmert "Few if any other intellectual property references lay the required geographic foundation for the scientific, business, and legal issues presented. Goldscheider and Gordon demonstrate that tech transfer occurs in a global arena. The book lives up to its title: Licensing Best Practices." —James E. Malackowski President & CEO, Ocean Tomo, LLC past president, LES-USA & Canada An invaluable complement to the field's acclaimed book on licensing best practices Spanning the globe, from Scandinavia to Japan and Mexico to Korea, Licensing Best Practices provides a comprehensive and user-friendly resource for professionals in licensing and technology management. Featuring contributions from some of the most highly regarded LESI professionals, this definitive guide includes detailed discussions on some of the hottest topics in licensing, including: Licensing and Technology Transfer to China Software Licensing as a Driver of the Indian Economy Secrets of Successful Dealmaking in Asia Licensing in Scandinavia-Home of Entrepreneurial Inventors, Industrialists, and Philanthropists Global Innovation and Licensing Opportunities on the Internet Energy and Environment Driving Technology and Licensing Licensing Nanotechnology Assuring Royalty Compliance in High Technology Licensing Intellectual Property Allocation Strategies in Joint Ventures Applications of Game Theory to IP Royalty Negotiations
Licensing, Censorship and Authorship in Early Modern England: Buggeswords
by R. DuttonLicensing, Censorship and Authorship in Early Modern England examines in detail both how the practice of censorship shaped writing in the Shakespearean period, and how our sense of that censorship continues to shape modern understandings of what was written. Separate chapters trace the development of licensing in the theatre, and the response of the actors and dramatists to it. There are detailed examinations of how censorship affects our reading of four major playwrights: Marlowe, Shakespeare, Jonson and Middleton, and of how the control of printed books compared with that of the stage.
Licensing, Censorship, And Authorship In Early Modern England (PDF)
by Richard DuttonLicensing, Censorship and Authorship in Early Modern England examines in detail both how the practice of censorship shaped writing in the Shakespearean period, and how our sense of that censorship continues to shape modern understandings of what was written. Separate chapters trace the development of licensing in the theatre, and the response of the actors and dramatists to it. There are detailed examinations of how censorship affects our reading of four major playwrights: Marlowe, Shakespeare, Jonson and Middleton, and of how the control of printed books compared with that of the stage.
Licensing Laws and Animal Welfare: The Legal Protection of Wild Animals (The Palgrave Macmillan Animal Ethics Series)
by Elizabeth TysonThis book considers the efficacy of the common regulatory model of the licensing regime as a means of regulating animal use in England, with a particular focus on wild animals and the regime’s ability to ensure animal welfare needs are met. Using information gleaned from over 550 inspection reports relating to the period 2008 through 2019, obtained using FOI Act requests, the book analyses the extent to which animals used by these industries are protected by law. Tyson analyses the limitations present in the practical application of English legislation responsible for creating a number of relevant licensing regimes.The regimes discussed include: The Zoo Licensing Act 1981, the now repealed Welfare of Wild Animals in Travelling Circuses Regulations 2012, and the Animal Welfare (Licensing of Activities Involving Animals) Regulations 2018, introduced under the Animal Welfare Act 2006.Exploring the weakness in the use of this type of regulatory model, Tyson proposes compelling recommendations for change in future policy development. Making an important contribution to the question of enforcement of animal welfare laws, this book provides useful and original insights into the implementation of licensing regimes, and will be of particular interest to scholars of animal welfare law, animal ethics, and critical animal studies.
Licensing Standard Essential Patents: FRAND and the Internet of Things
by Igor NikolicWhat is the licensing framework of standard essential patents (SEPs) for connectivity standards such as 5G and Wi-Fi? How will the framework change with the Internet of Things (IoT)? This book provides comprehensive answers to these questions. For over two decades, connectivity standards have been the subject of litigation and controversy around the globe. Now, with the introduction of 5G and the emergence of the world of connected objects, or the IoT, the licensing framework for SEPs is becoming even more contentious. In order to bring clarity to the debate, this book analyses and explains key components of a fair, reasonable and non-discriminatory (FRAND) licence for SEPs; clarifies the economic, policy and market background of SEP disputes; examines the interrelated application of contract, patent and competition laws; and describes the approaches by courts and regulators in the EU, US and the UK. Importantly, the book also assesses how the experience from the smartphone and ICT industries can be applied in a new environment of the IoT, and considers what needs to be changed in the future SEP licensing landscape.The book provides a holistic coverage of SEP licensing issues in an attempt to reduce uncertainty within this highly complex and technical area, and will be useful to practitioners, policy makers, SMEs and large technology companies in the IoT, as well as academics interested in the field.
Licensing Standard Essential Patents: FRAND and the Internet of Things
by Igor NikolicWhat is the licensing framework of standard essential patents (SEPs) for connectivity standards such as 5G and Wi-Fi? How will the framework change with the Internet of Things (IoT)? This book provides comprehensive answers to these questions. For over two decades, connectivity standards have been the subject of litigation and controversy around the globe. Now, with the introduction of 5G and the emergence of the world of connected objects, or the IoT, the licensing framework for SEPs is becoming even more contentious. In order to bring clarity to the debate, this book analyses and explains key components of a fair, reasonable and non-discriminatory (FRAND) licence for SEPs; clarifies the economic, policy and market background of SEP disputes; examines the interrelated application of contract, patent and competition laws; and describes the approaches by courts and regulators in the EU, US and the UK. Importantly, the book also assesses how the experience from the smartphone and ICT industries can be applied in a new environment of the IoT, and considers what needs to be changed in the future SEP licensing landscape.The book provides a holistic coverage of SEP licensing issues in an attempt to reduce uncertainty within this highly complex and technical area, and will be useful to practitioners, policy makers, SMEs and large technology companies in the IoT, as well as academics interested in the field.
Licht und Schatten bei der deutschen Arbeiterversicherung: Vortrag auf dem XXVI. Berufsgenossenschaftstage zu Hamburg
by Arnold KAUFMANNDieser Buchtitel ist Teil des Digitalisierungsprojekts Springer Book Archives mit Publikationen, die seit den Anfängen des Verlags von 1842 erschienen sind. Der Verlag stellt mit diesem Archiv Quellen für die historische wie auch die disziplingeschichtliche Forschung zur Verfügung, die jeweils im historischen Kontext betrachtet werden müssen. Dieser Titel erschien in der Zeit vor 1945 und wird daher in seiner zeittypischen politisch-ideologischen Ausrichtung vom Verlag nicht beworben.
Lie-Ability: How Leaders Build and Break Trust
by Alan Watkins Simon JonesBusiness success depends on the ability to build trust. Trusted brands succeed and sustain. Trusted leaders inspire followers, grow companies, revenues and futures. But sadly, deceit has infected business and become widespread. Far too many leaders now use their own "alternative facts", to mislead and misinform their customers, colleagues and communities. The skilfulness and ease with which some leaders now lie has become a Lie-Ability. And when customers stop trusting the products, services or the stories a leader tells, then the business suffers. If business leaders don’t lead a truth renaissance, we are all lost. People no longer trust politicians or the media. And many of the institutions and professions we used to turn to have also lost trust. The only people that can really save us now are business leaders. We need to become truth advocates and activists. We must re-establish a new norm where we tell the truth to ourselves, to our employees, to our shareholders, to our customers and to society at large. This book explores the 7 Deadly Lies that business tells itself, the 7 Dark Arts of Deception that are still used with monotonous regularity to manipulate the narrative. It offers C-suite leaders and senior managers a clear path out of deceit. It provides a solution to the Lie-Ability of some leaders by developing a deeper understanding of truth, how to reclaim it and how to build back trust.
Lie-Ability: How Leaders Build and Break Trust
by Alan Watkins Simon JonesBusiness success depends on the ability to build trust. Trusted brands succeed and sustain. Trusted leaders inspire followers, grow companies, revenues and futures. But sadly, deceit has infected business and become widespread. Far too many leaders now use their own "alternative facts", to mislead and misinform their customers, colleagues and communities. The skilfulness and ease with which some leaders now lie has become a Lie-Ability. And when customers stop trusting the products, services or the stories a leader tells, then the business suffers. If business leaders don’t lead a truth renaissance, we are all lost. People no longer trust politicians or the media. And many of the institutions and professions we used to turn to have also lost trust. The only people that can really save us now are business leaders. We need to become truth advocates and activists. We must re-establish a new norm where we tell the truth to ourselves, to our employees, to our shareholders, to our customers and to society at large. This book explores the 7 Deadly Lies that business tells itself, the 7 Dark Arts of Deception that are still used with monotonous regularity to manipulate the narrative. It offers C-suite leaders and senior managers a clear path out of deceit. It provides a solution to the Lie-Ability of some leaders by developing a deeper understanding of truth, how to reclaim it and how to build back trust.
Lie Detection and the Law: Torture, Technology and Truth (Law, Science and Society)
by Andrew BalmerThis book develops a sociological account of lie detection practices and uses this to think about lying more generally. Bringing together insights from sociology, social history, socio-legal studies and science and technology studies (STS), it explores how torture and technology have been used to try to discern the truth. It examines a variety of socio-legal practices, including trial by ordeal in Europe, the American criminal jury trial, police interrogations using the polygraph machine, and the post-conviction management of sex offenders in the USA and the UK. Moving across these different contexts, it articulates how uncertainties in the use of lie detection technologies are managed, and the complex roles they play in legal spaces. Alongside this story, the book surveys some of the different ways in which lying is understood in philosophy, law and social order. Lie Detection and the Law will be of interest to STS researchers, socio-legal scholars, criminologists and sociologists, as well as others working at the intersections of law and science.
Lie Detection and the Law: Torture, Technology and Truth (Law, Science and Society)
by Andrew BalmerThis book develops a sociological account of lie detection practices and uses this to think about lying more generally. Bringing together insights from sociology, social history, socio-legal studies and science and technology studies (STS), it explores how torture and technology have been used to try to discern the truth. It examines a variety of socio-legal practices, including trial by ordeal in Europe, the American criminal jury trial, police interrogations using the polygraph machine, and the post-conviction management of sex offenders in the USA and the UK. Moving across these different contexts, it articulates how uncertainties in the use of lie detection technologies are managed, and the complex roles they play in legal spaces. Alongside this story, the book surveys some of the different ways in which lying is understood in philosophy, law and social order. Lie Detection and the Law will be of interest to STS researchers, socio-legal scholars, criminologists and sociologists, as well as others working at the intersections of law and science.
Liebe – eine Tugend?: Das Dilemma der modernen Ethik und der verdrängte Status der Liebe
by Winfried RohrM. Stockers bekannte Diagnose einer schizophrenen Situation der beiden Hauptstränge der modernen Ethik – Deontologismus und Konsequentialismus – und die Diagnose C. Halbigs eines Scheiterns der modernen Tugendethik hinterlassen den Eindruck einer aporetischen Situation. Die Autoren stellen sich dieser Frage angesichts der damit verbundenen Verblassung sowohl des Tugend- als auch des Liebesbegriffs in der Neuzeit. Sie erschließen die Systematik des Verlorengegangenen (Aristoteles, Thomas von Aquin, Duns Scotus), im Blick auf ethische Entwürfe, die eine Neubesinnung in der Überwindung der Dilemmata anstreben (Pieper, Spaemann), und fordern zu weiterer Durchdringung auf.
Liegenschaftseigentum und Haftung: Eine verwaltungsrechtliche Studie (Wirtschafts- und verwaltungsrechtliche Studien #9)
by Rainer OnzBei der vorliegenden Arbeit handelt es sich urn meine geringfugig abgeanderte und aktualisierte Dissertation, die ich unter der Betreuung der Professoren Dr. BERNHARD RASCHAUER und DDr. GUNTHER WINKLER im Mai 1994 zum Abschlug gebracht habe. Schon wahrend meines Diplomstudiums interessierte mich das offentliche Recht, und ich verstand bereits damals nicht, dag das Rechtsgebiet "Umweltrecht" keine eigene Prufungsdisziplin darstellt. 1m Zuge meiner Tatigkeit als Konzipient war ich dann regelmagig mit umweltrechtlichen Problemen konfrontiert und lernte insbesondere die Schwierigkeiten kennen, die in der Praxis bei der Sanierung von Altlasten immer wieder auftreten. Haufig handelte und handelt es sich dabei urn Kontaminationen, die schon vor J ahrzehnten ausgelost worden sind. Damals wie heute war den Behorden die Inpflichtnahme des Verursachers oft nicht moglich, etwa weil seine Identitat unbekannt war. In dies en Fallen erteilten die Behor den mit Vorliebe den betroffenen Liegenschaftseigentumern entspre chende Sanierungsauftrage. Diese Praxis, die noch durch die damalige Rechtsprechung des Verwaltungsgerichtshofs gestutzt wurde, empfand ich als ausgesprochen unbillig fur den Grundeigentumer. Durch das Abfallwirtschaftsgesetz 1990 und die gleichzeitig erlassene Wasser rechtsgesetznovelle wurden die bezughabenden Bestimmungen ent scheidend geandert und -mehr oder weniger -genaue gesetzliche Krite rien fur eine Beauftragung des Liegenschaftseigentumers geschaffen. Dies bot einen geradezu idealen Anlag, sich mit dies en Problemen in einer Dissertation auseinanderzusetzen.
Lies (and the Lying Liars Who Tell Them): A Fair And Balanced Look At The Right
by Al FrankenAl Franken, one of America's savviest satirists has been studying the rhetoric of the Right. He has listened to their cries of 'slander', 'bias' and even 'treason'. He has examined the Bush administration's policies of squandering our surplus, ravaging the environment, and alienating the rest of the world. He's even watched Fox News. A lot. And in this fair and balanced report, Al bravely exposes them all for what they are: liars. Lying, lying, liars.
The Lies of the Land: An Honest History of Political Deceit
by Adam MacqueenTrust in our politicians is at an all-time low. We're in a "post-truth" era, where feelings trump facts, and where brazen rhetoric beats honesty. But do politicians lie more than they used to? And do we even want them to tell the truth?In a history full of wit and political acumen, Private Eye journalist Adam Macqueen dissects the gripping stories of the biggest political lies of the last half century, from the Profumo affair to Blair's WMDs to Boris Johnson's £350 million for the NHS. Covering lesser known whoppers, infamous lies from foreign shores ("I did not have sexual relations with that woman"), and some of the resolute untruths from Donald Trump's explosive presidential campaign, this is the quintessential guide to dishonesty from our leaders - and the often pernicious relationship between parliament and the media.But this book is also so much more. It explains how in the space of a lifetime we have gone from the implicit assumption that our rulers have our best interests at heart, to assuming the worst even when - in the majority of cases - politicians are actually doing their best.
A Life: Reproductive Genetics in Israel and Germany (International Library of Ethics, Law, and the New Medicine #34)
by Yael Hashiloni-DolevThis book presents the findings of a study into the social shaping of reproductive genetics in Germany and Israel. The study reveals dramatic differences between German and Israeli societies in addressing the question of a life (un)worthy of living. A close analysis of the ways that these two societies handle the balance between the quality and sanctity of life illuminates controversies over reproductive genetics in an original and provocative way.