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Principles, Procedure, and Justice: Essays in honour of Adrian Zuckerman
This collection is in honour of Adrian Zuckerman, Emeritus Professor of Civil Procedure at the University of Oxford. Bringing together a distinguished group of judges and academics to reflect on the impact of his work on our understanding of civil procedure and evidence today. An internationally renowned scholar, Professor Zuckerman has dedicated his professional life to the law of evidence and civil procedure, drawing attention to the principles and policies that shape litigation practice and their wider social impact. His pioneering scholarship is admired by the judiciary and the academy and has influenced several major reforms of the civil justice system including the Woolf Reforms that heralded the introduction of the Civil Procedure Rules, and Lord Justice Jackson's Review of Civil Litigation Costs. His work has also informed law reform bodies and courts in other jurisdictions. Building upon Professor Zuckerman's work, the contributors address outstanding problems in the field of civil procedure and evidence, and in keeping with Adrian's record of always exploring new areas, the book includes chapters on the prospects for a digital justice system, including the new online court being developed in England and the potential role of algorithms in the court room.
Prisoners' Vote: A Multidisciplinary and Comparative Perspective (ISSN)
Through different legal and criminological angles and perspectives, this book addresses the controversial question of whether prisoners should have the right to vote, as well as the optimal modalities for such a vote.By adopting a comparative approach to explore the legal systems of very different jurisdictions, such as the former Eastern Bloc, England, Ireland, the USA and France, the book reveals a recent trend in opening up the right to vote. It also looks at the recommendations of international and European institutions which, while relatively cautious, nevertheless support such progress. Examining the issue from a criminological viewpoint, the book investigates the role that prisoners’ votes could play in the social integration of these individuals into the community through political inclusion as citizens. Offering legal, theoretical and empirical bases, it blends a variety of perspectives to help readers establish an understanding of how prisoners' voting could contribute to improving their attachment to society and its values.Concise and direct, Prisoners' Vote will be of great interest to upper-level students and scholars of law, criminology, sociology, criminal justice, and political science. It should also appeal to practitioners working in the criminal justice system and policy makers reflecting on whether and how, to open the right to vote to prisoners.
Privacy and Medical Confidentiality in Healthcare: A Comparative Analysis (Global Perspectives on Medical Law series)
This seminal book delivers an international examination of the duty of medical confidentiality and a patient’s right to privacy in the face of contemporary developments such as cyber-security, patient autonomy, and the greater reliance on telemedicine post the Covid-19 pandemic. Thierry Vansweevelt and Nicola Glover-Thomas bring together esteemed academics from across the globe to deliver an international perspective on medical confidentiality. Uniquely combining the concerns of patient privacy and data protection law, chapters are separated by global regions and outline a number of theoretical arguments supported by case-specific studies. Contributors assess which healthcare providers are bound by the duty of confidentiality, which information is secret, the exceptions to confidentiality, special cases such as genetics and privacy, and liability in cases of negligence.Privacy and Medical Confidentiality in Healthcare will be of great interest to legal academics, students and researchers working in health law, data protection law and cyber law as well as scholars specialising in medicine and healthcare. The book’s focus on effective healthcare and protecting patient privacy will also benefit legal practitioners and professionals working in healthcare, social care, and data management.
Privacy, Technology, and the Criminal Process (New Advances in Crime and Social Harm)
This collection considers the implications for privacy of the utilisation of new technologies in the criminal process. In most modern liberal democratic states, privacy is considered a basic right. Many national constitutions, and almost all international human rights instruments, include some guarantee of privacy. Yet privacy interests appear to have had relatively little influence on criminal justice policy making. The threat that technology poses to these interests demands critical re-evaluation of current law, policy, and practice. This is provided by the contributions to this volume. They offer legal, criminological, philosophical and comparative perspectives. The book will be of interest to legal and criminological scholars and postgraduate students. Its interdisciplinary methodology and focus on the intersection between law and technology make it also relevant for philosophers, and those interested in science and technology studies.
Private Foundations World Survey
Rooted in the civil law systems of continental Europe, where foundations originally served mainly charitable purposes, the private foundation is an innovative development in common law jurisdictions. More and more jursidictions are introducing private foundations as an alternative to trusts and practitioners are increasingly asked to advise clients on the intricacies of the developing law and the differences between jurisdictions. Private Foundations World Survey is the first survey book to consider comprehensively private foundations law and practice in each of the key jurisdictions. With a unique questionnaire format and summary factsheet for easy reference, it examines all the fundamental aspects of setting up and maintaining a private foundation, with reference to relevant legislation and case law. The two expert editors, along with a team of leading international practitioners, cover an exhaustive range of topics, including protectors, taxation, alternatives to private foundations, forced heirship, divorce, asset protection, and migration of private foundations as well as anti-money laundering and KYC requirements. Alongside 21 jurisdiction-specific chapters (which include jurisdictions where the law is still developing, as well as those with more established systems), the book contains general chapters on the uses of foundations and taxation issues in the UK and US. It thus provides readers with all the information they need to confidently assess and advise on any aspect of private foundations law.
Private International Law and Global Governance (Law And Global Governance)
Contemporary debates about the changing nature of law engage theories of legal pluralism, political economy, social systems, international relations (or regime theory), global constitutionalism, and public international law. Such debates reveal a variety of emerging responses to distributional issues which arise beyond the Western welfare state and new conceptions of private transnational authority. However, private international law tends to stand aloof, claiming process-based neutrality or the apolitical nature of private law technique and refusing to recognize frontiers beyond than those of the nation-state. As a result, the discipline is paradoxically ill-equipped to deal with the most significant cross-border legal difficulties - from immigration to private financial regulation - which might have been expected to fall within its remit. Contributing little to the governance of transnational non-state power, it is largely complicit in its unhampered expansion. This is all the more a paradox given that the new thinking from other fields which seek to fill the void - theories of legal pluralism, peer networks, transnational substantive rules, privatized dispute resolution, and regime collision - have long been part of the daily fare of the conflict of laws. The crucial issue now is whether private international law can, or indeed should, survive as a discipline. This volume lays the foundations for a critical approach to private international law in the global era. While the governance of global issues such as health, climate, and finance clearly implicates the law, and particularly international law, its private law dimension is generally invisible. This book develops the idea that the liberal divide between public and private international law has enabled the unregulated expansion of transnational private power in these various fields. It explores the potential of private international law to reassert a significant governance function in respect of new forms of authority beyond the state. To do so, it must shed a number of assumptions entrenched in the culture of the nation-state, but this will permit the discipline to expand its potential to confront major issues in global governance.
Private Law and Practical Reason: Essays on John Gardner's Private Law Theory (Oxford Private Law Theory)
The contributions to this edited volume engage with John Gardner's philosophical work on private law. The content is divided into three parts. The first part gathers contributions on general theoretical issues that bear upon private law. The second part is concerned with Gardner's well-known views on responding to wrongs and the justification of reparative duties - an issue that spans all of private law. The third part turns to theoretical issues within particular areas of private law. Its focus is Gardner's focus: tort law, but it also includes chapters on contract law and equity. The primary aim of Private Law and Practical Reason is to facilitate a critical assessment of the private law thinking of one of the most important legal philosophers of the last fifty years. Gardner's contributions to private law theory are recognised to be amongst the most significant and philosophically rich. This work assembles a group of contributors with diverse theoretical commitments, many of whom have not directly engaged previously with Gardner's work, and is intended to act as a reference point for central debates in private law theory, such as the role of moral duties, the justification of reparative obligations, and, more broadly, the role of reasons in private law.
Private Law and the Rule of Law
The rule of law is widely perceived to be a public law doctrine, concerned with the way in which governmental authority conforms to the dictates of law. The goal of this book is to challenge this presumption. The chapters in this volume all consider the idea that the rule of law concerns the nature of law generally and the conditions under which any relationship - that among citizens as well as that between citizens and the state - becomes subject to law. Addressing two major questions, they ask if our understanding of the rule of law is enriched by considering how and to what degree it is expressed or realized in private law, and whether our understanding of the private law is enriched by adding the principles of the rule of law to the traditional list of core private law concepts. Bringing together leading philosophers of private and public law, this volume examines key questions in a little-explored field, and will be essential reading for all those interested in the rule of law and in private law theory.
Private Law in the External Relations of the EU
Private Law in the External Relations of the EU is an innovative study of the interactions between EU external relations law and private law, two unrelated fields of law, inverted if private law is understood as regulatory private law - the space where regulatory law intersects with private economic activity. Here the link between the Internal Market and the global market - and thereby international law - is much more prominent. In this book, key questions about the relationship between EU external relations law and private law are answered, including: in what ways might European private law act as a tool to achieve EU external policy objectives, particularly in regulatory fields? How might the quickly developing EU external competence over the procedural dimensions of private law, including private international law, impact on substantive law, both externally and internally? And how is the legal position of private parties affected by EU external relations? In asking these questions, this edited collection opens up a field of enquiry into the so far underexplored relationship between these two fields of law. In doing so, it addresses three different aspects of the relationship: (i) the evolution of the EU competence, (ii) the ways in which EU private law extends its reach beyond the boundaries of the internal market, and (iii) the ways in which the EU contributes to the formation of private regulation at the international level.
Private Regulation and Enforcement in the EU: Finding the Right Balance from a Citizen’s Perspective
Globalisation and technological innovation have been fuelling the need for increasing levels of trust in private actors, such as companies or special interest groups, to regulate and enforce significant aspects of people's daily lives: from environmental and social protection to the areas of food safety, advertising and financial markets. This book investigates the trust vested in private actors from the perspective of European citizens. It answers the question of whether private actors live up to citizens' expectations or whether more should be done as to the safeguarding of citizens' interests. Several cross-cutting studies explore how private regulation and enforcement are embedded in EU law. The book offers an innovative approach to private regulation and enforcement by focusing on the specific EU context which, unlike the national and transnational ones, has not yet been widely explored. This context merits a stand-alone analysis because of the unique normative framework of the EU, as a particular polity itself but also in relation to its Member States. With an overall analysis of the main aspects of private regulation and enforcement across different policy fields of the EU, the book adds a missing tile to the mosaic of public–private governance studies.
Problems in Value Theory: An Introduction to Contemporary Debates
Problems in Value Theory takes a pro and con approach to central topics in aesthetics, ethics and political theory.Each chapter begins with a question: What Makes Actions Right or Wrong? Does Morality Depend on God? Do We Need Government? Contemporary philosophers with opposing viewpoints are then paired together to argue their position and raise problems with conflicting standpoints. Alongside an up-to-date introduction to a core philosophical stance, each contributor provides a critical response to their opponent and clear explanation of their view. Discussion questions are included at the end of each chapter to guide further discussion.With chapters ranging from why the government should never wage war to what is art and does morality depend on God, this introduction covers questions lying at the heart of debates about what does and does not have value.
Procedural Requirements for Administrative Limits to Property Rights (The Common Core of European Administrative Law)
Through a comparative survey spanning twelve legal systems and a transnational regime, the fourth volume in this series aims to shed light on the core of administrative activity that exemplifies the 'negative State'. Within the vast field of adjudication, the book addresses one of the most traditional sets of procedures, namely, the exercise of public powers affecting property rights. Following the method adopted in the CoCEAL project, this volume takes the fundamentals of expropriation in a given legal order as its starting point and examines various cases. The main requirements for property rights deprivations and restrictions are presented through national reports and discussed through hypotheticals, while the comparative analysis focuses on procedural propriety and fairness. This book is divided into three parts. The first part introduces the project and the topic. The second part covers the legal systems chosen for this study. The third goes on to present a synchronic comparison across systems, highlighting the relationship between shared and distinctive traits, with a view to the way supranational and international rules increasingly supplement municipal regimes. The concluding chapter discusses the current regime on public regulation of property in contemporary administrative systems.
Proceedings of the 12th UUM International Legal Conference 2023 (Atlantis Highlights in Social Sciences, Education and Humanities #15)
This is an open access book. The 12th UUM International Legal Conference 2023“REFLECTING ON THE FUTURE: ADVANCES IN LAW”Aims of the ConferenceTo provide a platform for intellectuals from various fields to discuss and share experiences on contemporary legal issues.To enhance network and collaboration among the participants from various disciplines.To encounter legal issues from different perspectives both globally and locally.
Proceedings of the 3rd International Conference on Law and Digitalization 2023 (Advances in Social Science, Education and Humanities Research #791)
This is an open access book.The Faculty of Law (FOL), Multimedia University will hold the 3rd International Conference on Law and Digitalization 2023 (ICLD23) on 26-28 July 2023 (Virtual Conference). ICLD23 will be part of the bigger Digital Future Congress (DIFCON 2023) comprising of various other conferences of multidisciplinary academic interests. The aim of ICLD23 is to provide a platform for both local and international academics, practitioners, policymakers, researchers and students to meet, share ideas and knowledge in law and digitalization through paper presentation. It also aims to encourage academic linkages between the academicians and the researchers from the legal fraternity. It also promotes future co-operations among the intellectuals from various fields and disciplines.
Proceedings of the 3rd International Conference on Law, Governance, and Social Justice (Advances in Social Science, Education and Humanities Research #805)
This is an open access book. International Conference on Law, Governance and Social Justice is organized by Faculty of Law, Universitas Jenderal Soedirman.The conference provides a forum for scholars, researchers and prationers to share their ideas, results of researchs and experiences in dealing with recent issues on the challenges of law, governance and social justice.
Proceedings of the 4th Borobudur International Symposium on Humanities and Social Science 2022 (Advances in Social Science, Education and Humanities Research #778)
This is an open access book.Related to the big theme of the SDGs reinforcement at our previous conference, we try to invite all academics and researchers around the world to participate in the 4th Borobudur International Symposium 2022 (4thBIS 2022). As we know, the COVID-19 pandemic and its impact on all the 17 SDGs have demonstrated how what began as a health catastrophe swiftly transformed into a human, socioeconomic and environmental crisis. The 4th BIS brought up “The Innovation Chain: A Contribution to Society and Industry” as the main theme to respond this condition. This conference is expected to support the UN Agenda. Additionally, this conference will also provide avenues for participants to exchange ideas and network with each other as well as domain experts from their fields. Overall, this event is aimed at professionals across all spheres of technology and engineering including the experienced, inexperienced, and students as well. The conference will be held virtually on Wednesday, December 21st, 2022 in Magelang, Central Java, Indonesia.
Proceedings of the International Conference for Democracy and National Resilience (Advances in Social Science, Education and Humanities Research #795)
This is an open access book. Center for Democracy Studies and National Resilience, Universitas Sebelas Maret warmly welcomes you to The 3rd International Conference for Democracy and National Resilience (ICDNR) 2023.This conference was held on September 23rd–24th, 2023. We encourage participants from all over the world to discuss about “Election Integrity: A Framework for Guaranteeing The Democracy Rights and Fairness In The Modern Era”.Notable Keynote and Invited Speakers will share their speeches, participants will present their papers, and we will provide a platform to support new opportunities and future collaboration. Your participation and contribution at ICDNR 2023 will be greatly appreciated!The problems in Southeast Asia that dominate them are related to electoral laws, electoral procedures, district boundaries, voter registration, party/candidate registration, media, political finance, the voting process, vote count, results, and electoral authorities. In addition, the current development of globalization and modernization certainly influences the implementation of elections in a country. As is known, the implementation of technology in this election is a breakthrough that has been implemented in various countries. Based on research and data collection published by International IDEA, trends in the use of technology by the KPU occur in several countries. Of the 106 countries using election technology recorded by International IDEA, 60% of the KPU is for tabulation use, 55% for voter registration, 35% for voter registration biometrics (fingerprints, retinas, etc.), 25% for biometrics in voter verification, 20% for e-voting. With the development of the implementation of elections globally, this is certainly an important matter to be discussed and discussed together. This background will be discussed by all participants in this international conference.
Proceedings of the International Conference on Law, Economic & Good Governance (Advances in Social Science, Education and Humanities Research #827)
This is an open access book.The position of Indonesia and most countries in IMF calculations, facing the same challenges. Each country requires the legal instruments of a good and reliable system of Government to guards against the worst possible economic turmoil. Good governance is an insistence of the constitution in the economic Article 33 paragraph (5), subsequently published Constitution Number: 30 Year of 2014 on Government Administration, contains 17 principles of a good governance. One of the important points of the principle is a government without corruption and manipulation of policy concepts in order to provide access to consolidation in politics and economy. The latest Transparency International report for 2023 shows that Indonesia’s corruption perception index was recorded at 34 points on a scale of 0-100 in 2022. This is a 4-point decrease from the previous year. This decline in the CPI also brought down the ranking of Indonesia’s CPI globally. It was noted that Indonesia’s CPI in 2022 ranked 110th. In the previous year, Indonesia’s CPI was ranked 96th globally. Good Governance is all aspects related to the control and supervision of the power of the Government in carrying out its functions through formal and informal institutions. To implement the principles of Good Governance and Clean Government, the Government must implement the principles of accountability and efficient resource management. Good and clean governance will contribute to economic growth and economic growth will have an impact on human development. During the last decades of 20th century, the needs for a good governance has given some impacts and became a recurring theme in literature related to human development. The intervention of government or the quality of government become crucially important in relation to the high achievement of human development. Whereas an effort in improving society’s welfare is through economic development. One of dominant aspects in economic development is through legal development. Good law or policy in such country will have some impacts to the existence of good economic growth because supremacy of law is one aspect of a good governance. Law supremacy is an important institution which is related to economic growth because rule of law ensures personal safety, property rights, unbiased contract enforcement, stability of politics, freedom of speech and control of corruption. According to those various issues and debates on economic, legal development and good governance, then the Doctoral Program of the Faculty of Law Sebelas Maret University needs to hold an international conference as a place in exchanging some academic ideas in order to contributes to those legal issues with a theme, “INTERNATIONAL CONFERENCE ON LAW, ECONOMICS, AND GOOD GOVERNANCE”
Proceedings of the International Joint Conference on Arts and Humanities 2023 (Advances in Social Science, Education and Humanities Research #785)
This is an open access book. Welcome to the International Joint Conference on Arts and Humanities 2023 held by State University of Surabaya.This joint conference features four international conferences: the International Conference on Education Innovation (ICEI) 2023, the International Conference on Cultural Studies and Applied Linguistics (ICCSAL) 2023, the International Conference on Research and Academic Community Services (ICRACOS) 2023, and the International Conference of SocialScience and Law (ICSSL) 2023 .It encourages dissemination of ideas in arts and humanity and provides a forum for intellectuals from all over the world to discuss and present their research findings on the research area. This conference was held in Surabaya, East Java, Indonesia on August 26th, 2023 - September 10th, 2023
Productivity and Amenity: Achieving a Social Balance (Routledge Revivals)
Productivity and Amenity (1974) considers social responsibility in business and the balance between the social requirements for enhancing productivity and amenity. It looks at the changing roles of government and business and the nature of modern capitalism; the criteria for social performance ; the role of technological development; and the educational needs for responsible corporate leadership.
Professional Police Practice: Scenarios and Dilemmas
This ground-breaking book offers a practitioner-oriented overview of professional standards in all aspects of policing. With a radical, scenario-based approach, featuring both the extraordinary and the seemingly mundane, it aims to capture some of the complexities and interpretations that form the basis of such professional standards in policing today. Awareness of professional ethics has become not only a central requirement of officers seeking promotion to the senior ranks, but also a necessity within the training framework of UK policing, so the editors have brought together contributions from both practitioners and academics in order stimulate debate and present contrasting views. Split into five parts, each begins with a realistic scenario posing a distinctive dilemma, not just ethical but also legal and political. Ranging from community policing and the use of intelligence to problems arising from the conduct of superiors, the scenarios invite the reader to place themselves in the midst of an acute policing dilemma and asks how they would navigate an appropriate path through it to a desirable end. As the reader considers such questions, contributions from police officers both in the UK and abroad, as well as academics connected to the policing world, offer personal and professional responses to the situation at hand - resulting in wildly differing but no less important opinions. Finally, each of the five parts concludes with commentary from the editors which, rather than offer solutions, seeks to frame both the scenario and response within a more neutral setting. Equally, and perhaps understandably, these commentaries also throw into sharp relief the plethora of opinions and perspectives that have yet to be addressed. Professional Police Practice represents a considered but innovative evaluation of the nature of professional standards within policing, using common, everyday dilemmas that any police officer would recognise. By drawing on a range of opinions, from different areas of policing and different jurisdictions, the editors hope to inspire a degree of reflection and self-examination in anyone, either within policing or connected to it, as they consider the dilemma and their own response to it, and challenge them to recognise similar difficulties in their own operational roles.
Professional Sport in the EU:Regulation and Re-Regulation
This book comes at a critical time for the future development of sports law. It examines key issues of both contemporary and future importance to the administration of sporting activity in the European Union. The book is par ticularly pertinent coming at a time when European Community law is playing a key role in the restructuring of football's transfer system. This forms only one small, though highly significant, part of the fundamental shift that has taken place in European professional sport; away from the self-regulatory autonomy of sporting bodies towards a system more rigidly codified and governed by main stream legal norms and rules. The law, in particular the economic freedoms provided for under the Treaty of Rome, has become a key weapon in the armoury of those who wish to exploit sport to its full commercial potential, free of self-regulatory constraints. It is not only those desirous of exploiting the economic potential of sport, who have made use of European Community law. As sport has become increasingly com mercialised and commodified, it has also attracted the attention of the institutions of the Community, which have been keen to ensure that sports regulations adhere to Community law.
Promoting Peace Through International Law
Within international law there is no unified concept of peace. This book addresses this gap by considering the liberal conception of peace within Western philosophy alongside the principle of 'peaceful coexistence' supported in the East. By tracing the evolution of the international law of peace through its historical and philosophical origins, this book investigates whether there is a 'right to peace'. The book explores how existing international law and institutions contribute to the establishment of peace, or how they fail to do so. It sets out how international law promotes the negative dimension of peace-the absence of violence-as well as its positive dimension: the presence of underlying conditions for peace. It also investigates whether international actors and institutions have particular obligations in relation to the establishment and maintenance of peace. Discussions include: the relationships between the different regimes of human rights, trade, development, the environment, and regulation of arms trade with peace; the role of women, refugees, and other groups seeking equal treatment; the role of peacekeepers, transitional justice mechanisms, international courts fact-finding missions, and national constitutional frameworks in upholding peace in practice; and how civil society participates in the promotion and safeguarding of peace. The book's comprehensive treatment of the concept of peace in international law makes it an ideal reference work for those working in the field, as well as for students.
Promoting Renewable Energy: The Mutual Supportiveness of Climate and Trade Law (Elgar Studies in Climate Law)
This incisive book examines the interaction between international climate law and international trade law for the promotion of renewable energy. Alessandro Monti utilizes the emerging principle of mutual supportiveness to inform and guide his analysis of the specific interactions between climate and trade law in the renewable energy sector.The book makes a meaningful contribution to the literature within public international law, engaging with scholarly discourse on the fragmentation of international law and providing an in-depth analysis of the theoretical context against which the principle of mutual supportiveness is emerging. Chapters examine the WTO jurisprudence on renewable energy subsidies, propose specific solutions to improve the alignment between climate and trade law, and build a case for the development of climate-friendly trade policies. Taking account of the multifaceted interactions between international climate and trade law, Monti highlights the implications of trade disputes on renewable energy and the promotion of climate objectives.Addressing the specialized legal regimes of both climate and trade law, Promoting Renewable Energy will prove a valuable resource to students and scholars of environmental, trade, and energy law. International policy officers, legal practitioners and NGOs working on climate, trade and energy policies will also benefit from its examination of relevant legal frameworks.
Proportionality in Crime Control and Criminal Justice
This edited volume seeks to reassess the old and to analyse and develop novel approaches to the notion of proportionality in criminal matters and the new security architecture. The discourse is not limited to conventional constitutional constellations and standard problems of sentencing in traditional criminal proceedings. Rather, the book offers an interdisciplinary and cross-jurisdictional exploration of highly topical, proportionality-related issues pertinent to penal theory and legal philosophy, criminalisation policies, security and anti-terrorism strategies, alternative types of justice delivery, and supranational enforcement as well as human rights and international criminal and humanitarian law.In today's global risk society, with its numerous visible and invisible enemies of the state and the individual, balancing freedom and security has become nothing less than an attempt at untying a Gordian knot. Against this background, the proportionality of measures of crime prevention and repression is unquestionably an issue of utmost importance, which basic research and legal policy in rule-of-law based systems are urgently called to address. The timely and fascinating contributions in this book, covering jurisdictions from both the common law and the civil law as well as hybrid and international jurisdictions, will appeal to academics, researchers, policy advisers and practitioners working in the areas of national and international criminal law, comparative criminal justice/criminology and legal philosophy as well as constitutional and security law.