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Justice in the Age of Agnosis: Socio-Legal Explorations of Denial, Deception, and Doubt (Palgrave Socio-Legal Studies)
by James Gacek Richard JochelsonThis book seeks to further the understanding of the human experience of coerced and forced ignorance on social, human rights and criminal justice related topics, drawing together scholars from multiple, disciplinary fronts. It argues that people in our social world are forced or coerced through either implicatory or interpretive denial that is normalized through specific cultural and social mechanisms by which we refer to this as non-knowledge or agnosis. There has also been a lack of scholarship which examines how human victimization and power intersects by and through the systematic orchestration of forced ignorance and doubt upon daily human life. This book's focus is an examination of the ways in which people find themselves in social spaces without empirical clarity and understand that absence as satisfaction, stability, or perhaps even pleasure. It discusses a range of topics, including for example people's sense of relative safety, despite empirical realities suggesting otherwise. This book seeks to make visible the role of ignorance in governing society, highlighting how the late modern human experience in a post-World War II human rights era subsumes, subverts, and sublimates the complex relationship between knowledge and denial; the empirical gulf between knowledge and resistance may indeed breed complicit bliss.
The Hidden Child Brides of the Syrian Civil War: Vulnerable and Voiceless in Human Rights Law and Practice (SpringerBriefs in Law)
by Simona StrungaruThis book provides a comprehensive account of one significantly underreported aspect of violence affecting young refugee girls today, that of forced child marriage. It examines the ongoing, insidious practice via the lens of international human rights laws and contextualising human rights laws and discourses in relation to Middle Eastern, Islamic, and Jordanian understandings of international law and human rights, where the practice in directly impacting young Syrian refugee girls who are seeking refuge in Jordan with their displaced families. The book finds that in a juxtaposition of human rights definitions and obligations, between the traditional and modern, the religious and the secular, there are mixed implications for the realisation of universal human rights and that this has consequences for the most vulnerable—child refugees. As a result, Syrian children exist in a precarious situation. They are living in a foreign state with an unclear legal status, are largely unidentified, and, in effect, stateless. It is in this liminal space that Syrian children are vulnerable and voiceless and highly exposed to forced marriages and the resultant violence and possibly death. While allowed to continue, the practice of child marriage not only severely impedes upon progressive international human rights efforts to eliminate gender-based violence, slavery, and discrimination, but significantly impacts on children’s physical, mental and emotional health, and their opportunities for growth and development in society. As a case study this book seeks to inform how vulnerable Syrian children have come to be increasingly confronted by child marriage and to consider why it occurred and continues to occur, even though the idea of children being forcibly marriage is considered ethically and legally objectionable within international human rights law.
The Disappearance of Moral Knowledge
by Dallas WillardBased on an unfinished manuscript by the late philosopher Dallas Willard, this book makes the case that the 20th century saw a massive shift in Western beliefs and attitudes concerning the possibility of moral knowledge, such that knowledge of the moral life and of its conduct is no longer routinely available from the social institutions long thought to be responsible for it. In this sense, moral knowledge—as a publicly available resource for living—has disappeared. Via a detailed survey of main developments in ethical theory from the late 19th through the late 20th centuries, Willard explains philosophy’s role in this shift. In pointing out the shortcomings of these developments, he shows that the shift was not the result of rational argument or discovery, but largely of arational social forces—in other words, there was no good reason for moral knowledge to have disappeared.The Disappearance of Moral Knowledge is a unique contribution to the literature on the history of ethics and social morality. Its review of historical work on moral knowledge covers a wide range of thinkers including T.H Green, G.E Moore, Charles L. Stevenson, John Rawls, and Alasdair MacIntyre. But, most importantly, it concludes with a novel proposal for how we might reclaim moral knowledge that is inspired by the phenomenological approach of Knud Logstrup and Emmanuel Levinas. Edited and eventually completed by three of Willard’s former graduate students, this book marks the culmination of Willard’s project to find a secure basis in knowledge for the moral life.
Artificial Intelligence and the Law
by Tshilidzi Marwala Letlhokwa George MpediThis textbook offers a starting point for the education of attorneys and other legal professionals about the potential impact of artificial intelligence (AI) on the law, as well as a forum for discussing artificial intelligence's legal and ethical concerns. Intended for classroom use, this book will help students, legal professionals and policymakers alike. AI is swiftly transforming the world, including the legal system. Legal applications to areas such as ethics, human rights, climate change, labor law, health, social protection, inequality, lethal autonomous weapons, the criminal justice system and autonomous vehicles, contract drafting, legal investigation, criminal analysis and evidence investigation, utilize AI. As AI becomes more sophisticated, its impact on the law will likely increase.
AI and Chatbots in Fintech: Revolutionizing Digital Experiences and Predictive Analytics (Contributions to Finance and Accounting)
by Gioia ArnoneThis book is a comprehensive guide to the use of Artificial Intelligence (AI) in the Financial Technology (FinTech) industry. It is comprised of ten chapters, each addressing a specific aspect of AI in FinTech. The reader is introduced to AI in FinTech, including its history and current state and the role of chatbots in FinTech and how they are used to improve customer service. Furthermore, the book explores the business framework of AI-based ChatGPT in FinTech, including the technology behind ChatGPT and how it can be applied to various financial sectors. The book examines the use of predictive analytics and machine learning in FinTech, highlighting how these tools are used to predict customer behavior and improve decision-making. The author delves into how ChatGPT is used to determine buying behavior and discusses the use of machine learning to reshape the digital experience in FinTech. Additionally, the book provides best practices for retaining customers in FinTech, including how to use AI to create personalized experiences that keep customers coming back, and explores the different applications of predictive models in FinTech, including how they are used to improve risk management and fraud detection. Lastly, the book discusses the use of ChatGPT for stock price prediction and the detection of financial fraud and examines the role of ChatGPT in the world of cryptocurrency, including how it can be used to make informed investment decisions. Overall, this book provides a comprehensive overview of the different ways AI is being used in FinTech and the potential it holds for improving customer experiences and driving innovation in the financial industry.
Understanding Prisoner Victimisation (Palgrave Studies in Victims and Victimology)
by Tom Daems Elien GoossensPeople in prison are usually (and often exclusively) seen and approached as persons who have committed one or more crimes and who have to pay their debt to society. However, while in prison, they often get victimised themselves. Research has demonstrated that prisons tend to be unsafe environments where various forms of victimisation take place. These forms of victimisation often go unnoticed and usually do not attract much interest from policymakers or society at large: prisoners are, indeed, far from ‘ideal victims’. This book is devoted to understanding prisoner victimisation, in particular from a European perspective. Chapters in this volume focus on recent empirical work in a number of European countries (Belgium, England and Wales and the Netherlands). These chapters are complemented with a series of reflections from a conceptual, methodological and human rights perspective.
Rationalität und Egoismus im Recht: Befehl versus Nudging (Schriftenreihe des Instituts für Klimaschutz, Energie und Mobilität)
by Jana MaruschkeDieses Buch fragt danach, wie Recht und Rechtsprechung, Staats- und Rechtstheorie sowie moderne Verhaltensökonomie die Rationalität und den Egoismus des Menschen begreifen und wie dies die Wahl staatlicher Steuerungsinstrumente beeinflusst. Das scheinbar neuartige Instrument Nudging wird mit Blick auf Umweltschutzinstrumente, die Regulierung des Tabakrauchens und der Organspende in den öffentlich-rechtlichen Handlungsformenkatalog eingeordnet, wobei verfassungsrechtliche Grenzen diskutiert werden. Zielgruppe sind die an der "Metaebene" des Rechts und der Verhaltenssteuerung interessierten Leserinnen und Leser.
A History of Australian Co-operatives 1827–2023
by Greg Patmore Nikola Balnave Olivera MarjanovicCo-operatives provide a different approach to organising business through their ideals of member ownership and democratic practice. Every co-operative member has an equal vote regardless of his or her own personal capital investment. They take a variety of different forms, including consumer co-operatives, agricultural co-operatives, worker co-operatives and financial co-operatives.Patmore, Balnave and Marjanovic provide a perspective on Australian co-operative development within a conceptual framework and international context since the 1820s by exploring the economic, political and social factors that explain their varying fortunes. Drawing upon the Visual Historical Atlas of Australian Co-operatives, a significant database of Australian co-operatives and a variety of historical sources, this book provides a detailed historical analysis of their development, from their inception in Australia to today. Australian co-operatives were heavily dependent on state sympathy for their growth and vulnerable to ideas that challenged collective organisation such as Neo-liberalism. Despite these challenges, the co-operative business model has persisted and since 2009, there has been resurgence of interest and organisation that may provide a platform for future growth.A useful resource for practitioners, students, educators, policy makers and researchers that highlights a significant alternative business model to the Investor-Owned Business and state enterprise.The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons [Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND)] 4.0 license.
The Art of Legal Problem Solving: A Criminal Law Approach
by null Brendon MurphyThe Art of Legal Problem Solving: A Criminal Law Approach is a sophisticated skills book designed to help students develop the problem-solving techniques necessary for their legal careers. This succinct yet comprehensive book provides the perfect mix of general instruction and specific examples to encourage students to think about problems both in depth and broadly. It follows a clear roadmap presented in a logical progression, beginning with the fundamentals, fact finding and statutory interpretation before turning to the advanced areas of analysing and writing answers to problem questions. While written primarily for criminal law students, the skills imparted are generic and can be applied equally in any area of the law and in any jurisdiction. The Art of Legal Problem Solving is an indispensable work for law students who want to not only improve their problem-solving skills but master them.
Klimaverantwortung: Gesellschaftsaufgabe und Bildungsauftrag
by Meike NeuhausDer Klimawandel ist eine der größten – wenn nicht sogar die größte – Herausforderung unserer Zeit. Bereits heute sind deutliche Auswirkungen auf Ökosysteme, Wirtschaft und soziokulturelle Strukturen spürbar, und es ist zu erwarten, dass diese in Zukunft weiter zunehmen werden. Dass wir Menschen maßgeblich zu diesem Problem beigetragen haben, ist inzwischen überwiegender Konsens. Auch sind sich die meisten Menschen darüber bewusst, dass Maßnahmen ergriffen werden müssen, um dem fortschreitenden Klimawandel entgegenzuwirken. Doch welche konkreten Schritte sind erforderlich? Und wer trägt dafür die Verantwortung? Diesen und anderen Fragen widmen sich die interdisziplinären Beiträge in diesem Buch. Die Diskussion wird ergänzt durch praxisnahe Unterrichtsbeispiele sowie Vorschläge für die Implementierung einer Bildung für nachhaltige Entwicklung (BNE) in der Lehrkräfteausbildung.
Police and State Crime in the Americas: Southern and Postcolonial Perspectives (Palgrave's Critical Policing Studies)
by Daniel Gascón Sebastián Sclofsky Xavier Perez Jhon Sanabria Analicia Mejia MesinasThis book advances a much-needed “postcolonial” framework in analyzing the police. It seeks to deepen our understanding of the police role in maintaining Western global domination throughout the American region despite the violent end of colonial rule. Building on Chevigny's (1995) classic study, this book seeks to draw renewed attention to the role of police in perpetrating state violence and serving as the tip of the spear of state power. It seeks to understand the construction of marginality and the multiple and intersecting structures of colonial domination, before shining a light directly on the crimes of the state, in an attempt to hold criminal state organizations to account. It draws on interdisciplinary perspectives and methodologies that center marginalized and colonized experiences and allows for the development of countercolonial knowledge. It speaks to academics and students in criminology, sociology, political science, and law, as well as toethnic and area studies programs, such as Chicano/Latino and Latin American Studies, and to police administrators and policymakers.
Legal Protection of Intangible Cultural Heritage: Perspectives from Indonesia and Malaysia (Routledge Studies in Cultural Heritage and International Law)
by Diyana SulaimanThe book examines whether the protection of Intangible Cultural Heritage (ICH) by Indonesia and Malaysia upheld the interests of the various communities from which the cultural heritage originates, and whether the laws recognise that cultural heritage is often shared with other states and communities.The legal classifications of various indigenous communities and the interpretations of ‘indigeneity’ in the two countries have presented problems in the context of ICH protection. The state is regarded as holding the intellectual property rights for some forms of ICH and this also posed problems in the implementation of the laws to protect the communities’ ICH. This book employs a community-based perspective and adopts a multidisciplinary approach in exploring questions of the rights to and benefits of heritage.This book will be useful for students, academics and policy makers with an interest in international law, heritage and intellectual property rights.
Legal Protection of Intangible Cultural Heritage: Perspectives from Indonesia and Malaysia (Routledge Studies in Cultural Heritage and International Law)
by Diyana SulaimanThe book examines whether the protection of Intangible Cultural Heritage (ICH) by Indonesia and Malaysia upheld the interests of the various communities from which the cultural heritage originates, and whether the laws recognise that cultural heritage is often shared with other states and communities.The legal classifications of various indigenous communities and the interpretations of ‘indigeneity’ in the two countries have presented problems in the context of ICH protection. The state is regarded as holding the intellectual property rights for some forms of ICH and this also posed problems in the implementation of the laws to protect the communities’ ICH. This book employs a community-based perspective and adopts a multidisciplinary approach in exploring questions of the rights to and benefits of heritage.This book will be useful for students, academics and policy makers with an interest in international law, heritage and intellectual property rights.
Constitutional Review and International Investment Law: Deference or Defiance?
by Prof David SchneidermanThe revival of interest in comparative constitutional studies, alongside the rise of legal limitations to state action due to investment treaty commitments, calls for a unique analysis of both investment law and comparative constitutional law. The unresolved tensions that arise between the two are only beginning to be addressed by judges. Are courts resisting these new international limitations on their constitutional space? Constitutional Review and International Investment Law: Deference or Defiance? pioneers this discussion by examining how a selection of the highest courts around the world have addressed this potential discord. A comparison of decisions in the US, Europe, Colombia, Indonesia, Israel, and elsewhere reveals that, rather than issuing declarations of constitutional incompatibility, courts are more likely to respond to constitutional tensions indirectly. Their rulings adopt stances that range from hard deference (such as the Peruvian Constitutional Court viewing constitutional law and investment law as entirely compatible) to soft defiance (for example the Colombian Constitutional Court requiring only modest renegotiation of some treaty terms so that they are constitutionally compliant). Readers learn that judges are not aiming to undermine the investment law regime but are seeking to mitigate constitutional collision.
Constitutional Review and International Investment Law: Deference or Defiance?
by Prof David SchneidermanThe revival of interest in comparative constitutional studies, alongside the rise of legal limitations to state action due to investment treaty commitments, calls for a unique analysis of both investment law and comparative constitutional law. The unresolved tensions that arise between the two are only beginning to be addressed by judges. Are courts resisting these new international limitations on their constitutional space? Constitutional Review and International Investment Law: Deference or Defiance? pioneers this discussion by examining how a selection of the highest courts around the world have addressed this potential discord. A comparison of decisions in the US, Europe, Colombia, Indonesia, Israel, and elsewhere reveals that, rather than issuing declarations of constitutional incompatibility, courts are more likely to respond to constitutional tensions indirectly. Their rulings adopt stances that range from hard deference (such as the Peruvian Constitutional Court viewing constitutional law and investment law as entirely compatible) to soft defiance (for example the Colombian Constitutional Court requiring only modest renegotiation of some treaty terms so that they are constitutionally compliant). Readers learn that judges are not aiming to undermine the investment law regime but are seeking to mitigate constitutional collision.
The Future of Investor-State Dispute Settlement: Reforming Law, Practice and Perspectives for a Fast-Changing World
by Ben Beaumont Fahira Brodlija Robert Ashdown Armand TerrienWhat makes investor-State dispute settlement (ISDS) as dynamic a field as it is – especially in comparison with international commercial arbitration – is its uncanny ability to engage directly with the most topical and pressing issues of the day, including human rights, regulation of the energy sector, and climate change and the environment more generally. This book provides a deep dive into the reality behind the causes and effects of the expressed concerns regarding ISDS and the extent to which they can and have been addressed by ongoing reform processes at national, regional, and international levels. Deeply informed insights from leading scholars and practitioners on the status quo and perspectives of ISDS shed clear light on such aspects as the following: reform instruments adopted at the UNCITRAL Working Group III; issues surrounding the legitimacy of ISDS; dispute prevention and amicable settlement mechanisms; the proposed multilateral investment court; implications of climate change and energy transition for investment policies and disputes; recent regional trends in policymaking and perspectives; the ICSID-UNCITRAL Code of Conduct; investment protection standards and dispute resolution mechanisms in recent international investment treaties; viability of the modernized Energy Charter Treaty; use of artificial intelligence; and participation of civil society organizations. As an in-depth analysis of the most recent developments in international investment law and dispute resolution, this book offers a realistic view of the reform processes, thus underlining the necessary legal and institutional measures that will translate into real-life effects in the future. With its help, policymakers and government officials will identify ongoing trends and anticipate risks that require intervention, while practitioners and the broader dispute resolution community will find valuable information about the evolving contours of investment protection treaties and ISDS. For academics and civil society organizations interested in the developments and implications of ISDS, the book provides factual, nuanced, and effective analysis of the relevant issues.
Managers in European Law: Rights and Duties of Executive and Non-executive Managers in a European Perspective (Bulletin of Comparative Labour Relations)
by Natalie Videbæk Munkholm Vicenzo Pietrogiovanni Karsten Engsig SørensenBusiness organisations depend on having one or more persons who can legitimately make strategic business decisions. But what are the legal entitlements of such key professionals? This is the first book – with contributions from experts across Europe – to take a broad comparative look at how the delimitation of rights and duties of executive and non-executive managers is done under different areas of EU law and across different jurisdictions (namely, EU and national law). Aspects of the executive role covered include the following: extensive treatment of definitions and methodologies to ascertain the status of managers as ‘workers’ in Europe; comprehensive interdisciplinary and comparative analysis of cross-cutting issues affecting managers in Europe, including complexities arising from national variations in governance structures and roles and functions of managers; comprehensive analysis of cases before the European courts with full awareness of applicable rules; distinction between registered front directors and those who act as de facto managers; how employees (and to some degree other stakeholders) may be involved in management; trends in current EU law that increase the need to protect managers; trends that increase the need to hold managers liable; right to inter alia information and consultation, occupational health and safety, non-discrimination and free movement; and recognition that managers may not necessarily be powerful professionals with strength vis-à-vis the company as employer. According to EU statistics, in 2019, nearly 9.4 million persons held a managerial position across the EU’s Member States, meaning that many managers currently can no longer inherently be considered unworthy of employment protection. The legal status of these individuals thus cannot be sidestepped. This very important volume accordingly will be of value to practitioners, policymakers, and academics in employment and labour law.
A Journey Through European and International Taxation: Liber Amicorum in Honour of Peter Essers (EUCOTAX Series on European Taxation #73)
by Carla De Pietro Cees Peters Eric KemmerenTo some extent, because of his overlapping careers in academia and politics, the renowned tax scholar Peter Essers is known for his influential insight that ‘the effects of taxation on the political balance of power, and vice versa, are always interlinked with other phenomena, such as wars, crises, religious developments and inequalities in society’. In this widely ranging festschrift, thirty-six prominent tax scholars from all across Europe examine the legacy of Peter Essers’ research interests, from the larger philosophical, political, and social factors driving tax history to the reality of the taxing State as experienced by taxpayers and tax officials. The book’s outstanding overview of the most relevant technical and policy aspects of European and international taxation includes deeply thoughtful chapters on such topics and issues as the following: developing sustainable corporate tax governance; tax whistleblowing; transfer pricing; balancing qualitative and quantitative approaches to tax research; necessity to reach something close to ‘equal treatment’ between the upper and lower social classes; consent and democracy; tax rebellions; tax evasion and tax avoidance; taxation of cross-border remote workers and their employers; mitigation of double taxation of income earned by entertainers and sportspersons; and the international tax treaty network. More than a homage to this scholar’s far-reaching contributions, this book is remarkable for the variety and academic rigour of the chapters. The understanding its authors provide of both the broad contours and the intricacies of European and international taxation will be of inestimable value to tax practitioners, policymakers, tax consultants, and academics, as well as interested researchers in economics, political science, and sociology.
Sister in Law: Shocking and compelling true stories of fighting for justice in a system designed by men from one of Britain's foremost lawyers
by Harriet WistrichFor more than quarter of a century Harriet Wistrich has fought the corner of people from all walks of life let down by our justice system.When Sally Challen won her appeal to overturn her conviction for the murder of her coercively controlling husband, it was with Harriet Wistrich at her side.When victims of taxi driver and serial rapist John Worboys successfully took the Metropolitan Police to court for their investigative failures, and then, four years later, helped to hold the Parole Board to account for their decision to grant his early release from prison, the solicitor acting for them was Harriet Wistrich.It was Harriet who represented a pioneering group of the women caught up in the ‘spy cops’ scandal – women deceived into forming long-term relationships with men later revealed to be undercover police officers embedded within their communities.In a remarkable legal career, Harriet has been at the forefront of some historic and ground-breaking legal victories. Frequently working with women who have survived male violence or abuse, sometimes with the bereaved families of those who did not survive, her work has led her to challenge the police, CPS, government departments and the prison and immigration detention system.In Sister in Law, she tells the shocking stories of some of those who have come to her for assistance and shines a feminist light on the landscape of arcane laws and byzantine systems, skewed towards male behaviour and responses, through which she has steered them.Litigation can be a long and rocky path of pitfalls and dead ends and there are defeats as well as gains, hours of painstaking work as well as courtroom drama. It takes collaboration, extraordinary tenacity and huge compassion, but Harriet Wistrich is proof that it is possible to demand better justice and to bring about important change.
Admissibility of Evidence in EU Cross-Border Criminal Proceedings: Electronic Evidence, Efficiency and Fair Trial Rights (Hart Studies in European Criminal Law)
This book provides a systematic and analytical account of the problems facing transnational criminal justice.It details actual problems arising in the transnational prosecution of crimes; assesses existing obstacles on admissibility of evidence; in particular with regard to electronic evidence, assesses the impact that the impediment of free circulation of evidence has on fundamental rights of the defendants facing criminal trial; and finally drafts a proposal for the future of regulation for this complex topic.The book therefore contributes to the debate on the creation of an Area of Freedom, Security and Justice in the EU. It offers insights on how to outline the main general rules that could be adopted at EU level in a manner that adequately balances the need for efficiency in prosecution and the protection of human rights.With contributions of renowned experts in the field, the book addresses the discussion of a potential legislative proposal with the help of insight into the experience and conceptual context of the rules of evidence at the national level. The legislative proposal was adopted by the European Law Institute, who supported the work reflected in this book.
Admissibility of Evidence in EU Cross-Border Criminal Proceedings: Electronic Evidence, Efficiency and Fair Trial Rights (Hart Studies in European Criminal Law)
by Lorena Bachmaier Winter and Farsam SalimiThis book provides a systematic and analytical account of the problems facing transnational criminal justice.It details actual problems arising in the transnational prosecution of crimes; assesses existing obstacles on admissibility of evidence; in particular with regard to electronic evidence, assesses the impact that the impediment of free circulation of evidence has on fundamental rights of the defendants facing criminal trial; and finally drafts a proposal for the future of regulation for this complex topic.The book therefore contributes to the debate on the creation of an Area of Freedom, Security and Justice in the EU. It offers insights on how to outline the main general rules that could be adopted at EU level in a manner that adequately balances the need for efficiency in prosecution and the protection of human rights.With contributions of renowned experts in the field, the book addresses the discussion of a potential legislative proposal with the help of insight into the experience and conceptual context of the rules of evidence at the national level. The legislative proposal was adopted by the European Law Institute, who supported the work reflected in this book.
Valuing Employment Rights: A Study of Remedies in Employment Law
by Professor ACL DaviesThis book gives new insights into employment law by analysing a neglected topic: remedies for breaches of employment rights. It explores remedies in the wider context of compliance with, and enforcement of, employment law through criminal law and other regulatory techniques.The book argues that some of the remedies set out in statute or at common law for working people are a poor 'fit' for the employment rights they are supposed to protect. Employment rights are often undervalued in the legal system, because remedies for their infringement are subject to limitations not applicable to rights in other settings. This limits their ability both to uphold the dignity of working people and to deter breaches. Moreover, the remedies on offer do not always suggest a sensible ranking of employment rights in which fundamental rights attract stronger remedies than other kinds of rights and interests.The book suggests why some of these problems might have arisen and makes proposals for reform. It also considers the wider implications for a system of employment law that depends so heavily for its enforcement on working people litigating to enforce their rights. Ranging widely across theory and doctrine, and analysing criminal law, contract and tort as well as statutory employment law, this book will be of interest to academics and researchers seeking a deeper understanding of the subject.
Valuing Employment Rights: A Study of Remedies in Employment Law
by Professor ACL DaviesThis book gives new insights into employment law by analysing a neglected topic: remedies for breaches of employment rights. It explores remedies in the wider context of compliance with, and enforcement of, employment law through criminal law and other regulatory techniques.The book argues that some of the remedies set out in statute or at common law for working people are a poor 'fit' for the employment rights they are supposed to protect. Employment rights are often undervalued in the legal system, because remedies for their infringement are subject to limitations not applicable to rights in other settings. This limits their ability both to uphold the dignity of working people and to deter breaches. Moreover, the remedies on offer do not always suggest a sensible ranking of employment rights in which fundamental rights attract stronger remedies than other kinds of rights and interests.The book suggests why some of these problems might have arisen and makes proposals for reform. It also considers the wider implications for a system of employment law that depends so heavily for its enforcement on working people litigating to enforce their rights. Ranging widely across theory and doctrine, and analysing criminal law, contract and tort as well as statutory employment law, this book will be of interest to academics and researchers seeking a deeper understanding of the subject.
The Philosophy of Imagination: Technology, Art and Ethics
by Galit Wellner, Geoffrey Dierckxsens, and Marco ArientiCombining perspectives from both continental and analytic philosophy, this timely volume explores how imagination today both shapes and is shaped by technology, art and ethics. Imagination is one of the most significant and broadly examined concepts in contemporary philosophy and is frequently understood as a basic human faculty that enables complex activities. This book shows, however, that imagination is more than a mere enabler. Whilst imagination shapes our experiences, it is at the same time shaped by our environments. Some of the most creative manifestations of imagination are the result of its two-way interaction with art or technology, or both. In short, imagination co-shapes us. Beyond the traditional perspectives of Kant and Heidegger, The Philosophy of Imagination: Technology, Art and Ethics examines our dynamic relationship with imagination, from contemporary technological advancements such as AI that transform the whole ecosystem to imagination in the context of videogames and literary fiction. Analysing societal imagination, it addresses the relationship between the racial imaginary and white ignorance, as well as the effects that societal mechanisms such as lockdowns can have on our imagination. Taking its cue from the here and now, this volume brings together leading international scholars to investigate how the concept of co-shaping allows us to see imagination and its crucial role in society in new and productive ways.
Improving Procedural Justice in Anti-Dumping Investigations: Lessons from the US and EU Practices Against China
by null Abdulkadir YilmazcanBy synthesizing both theoretical and empirical insights, this book offers a distinctive perspective on procedural justice within the context of anti-dumping investigations. The book highlights the disjunction between the provisions outlined in the World Trade Organization's Anti-Dumping Agreement (ADA) and the practical encounters faced by stakeholders such as exporters, regulatory bodies, and legal experts affiliated with the WTO. Employing a mixed-method approach, the research encompasses a comprehensive doctrinal analysis of procedural complexities alongside empirical investigations involving key stakeholders such as WTO legal experts, Chinese exporters, and investigating authorities. Furthermore, this book underscores the potential for enhancing procedural justice through either a comprehensive reform of the ADA or concrete measures such as a standardized anti-dumping questionnaire. Such improvements offered in the book have the potential to curtail the misuse of anti-dumping investigations, consequently mitigating a substantial number of disputes that might be brought before the WTO's Dispute Settlement Mechanism.