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  • BSZ  (412)
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  • Cham : Springer International Publishing  (421)
  • Boston, MA : Safari
  • Emigration and immigration  (239)
  • Law  (185)
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  • 1
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Palgrave Macmillan
    ISBN: 9783031407956
    Language: English
    Pages: 1 Online-Ressource (XVII, 303 p. 4 illus)
    Edition: 1st ed. 2024
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    DDC: 306
    Keywords: Cultural Studies ; Gender Studies ; Media and Gender ; Human Migration ; Culture / Study and teaching ; Sex ; Gender identity in mass media ; Emigration and immigration
    URL: Volltext  (URL des Erstveröffentlichers)
    Library Location Call Number Volume/Issue/Year Availability
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  • 2
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031499678
    Language: English
    Pages: 1 Online-Ressource(XIV, 280 p.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Philosophy. ; Economics. ; Law ; Social sciences
    Abstract: Chapter 1: Introduction: Breaking Free from Private Control Over Knowledge -- Chapter 2: First Prolegomena: A Brief History of Intellectual Property -- Chapter 3: Prolegomena: Rationalisation of Intellectual Property -- Chapter 4: Prolegomena: The Dangers of Intellectual Property -- Chapter 5: Conclusion: Social Disintegration and the Privatisation of Knowledge.
    Abstract: The Paradox of Intellectual Property in Capitalism is an innovative book that comprehensively discusses and analyses intellectual property under capitalistic social conditions and relations. It not only addresses some historical developments of intellectual property but also brings to the fore the very notion of what knowledge is, knowledge creation, and knowledge production and appropriation within a Marxist framework. Nonetheless, the adopted approach pays heed to multiple fields of knowledge, providing rich discussions that facilitate the understanding of actual social totality in which capitalism, knowledge production and appropriation, and the struggles of appropriation mutually reinforce each other, although not devoid of antagonisms and contradictions. In light of contemporary capitalism, the transformations that social property relations are undergoing must be scrutinised – such as those brought about by the development of digitalisation and the convergence between big pharma and tech giants. What are the conditions of intellectual property creation today? What theoretical assumptions does it make? Under what social relations is intellectual property produced? Throughout, the emphasis is not on individual cases or symptoms but on the overarching logic: the logic of capitalism as revealed in intellectual property. João Romeiro Hermeto holds a PhD in philosophy from the Witten/Herdecke University, Germany.
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  • 3
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Springer International Publishing AG
    ISBN: 9783031530883 , 3031530888
    Language: English
    Pages: 1 Online-Ressource (VIII, 400 Seiten) , 123 illus., 87 illus. in color.
    Edition: 1st ed. 2024
    Series Statement: European Studies of Population 26
    Parallel Title: Erscheint auch als Population Studies in the Western Balkans
    DDC: 304.6
    Keywords: Demography ; Population ; Life cycle, Human ; Emigration and immigration ; Age distribution (Demography) ; Mortality ; Longevity ; Fertility, Human ; Population and Demography ; Life Course ; Human Migration ; Aging Population ; Mortality and Longevity ; Fertility
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  • 4
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Springer International Publishing AG
    ISBN: 9783031513152 , 3031513150
    Language: English
    Pages: 1 Online-Ressource (VII, 108 Seiten) , 1 illus.
    Edition: 1st ed. 2024
    Series Statement: IMISCOE Research Series
    Parallel Title: Erscheint auch als Fathi, Mastoureh Migration and Home
    DDC: 304.8
    Keywords: Emigration and immigration ; Emigration and immigration Government policy ; Emigration and immigration Social aspects ; Human Migration ; Migration Policy ; Sociology of Migration
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  • 5
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Springer International Publishing AG
    ISBN: 9783031422645 , 3031422643
    Language: English
    Pages: 1 Online-Ressource (IX, 428 Seiten) , 1 illus.
    Edition: 1st ed. 2024
    Series Statement: IMISCOE Research Series
    Parallel Title: Erscheint auch als Migrations in the Mediterranean
    DDC: 304.8
    Keywords: Emigration and immigration ; Emigration and immigration Government policy ; Emigration and immigration Social aspects ; Human Migration ; Migration Policy ; Sociology of Migration
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  • 6
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Springer International Publishing AG
    ISBN: 9783031399008 , 3031399005
    Language: English
    Pages: 1 Online-Ressource (XIX, 258 Seiten) , 1 illus.
    Edition: 1st ed. 2024
    Series Statement: IMISCOE Research Series
    Parallel Title: Erscheint auch als Cultural Change in Post-Migrant Societies
    DDC: 304.8
    Keywords: Emigration and immigration ; Culture Study and teaching ; Emigration and immigration Social aspects ; Human Migration ; Cultural Studies ; Sociology of Migration
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  • 7
    ISBN: 9783031362798
    Language: English
    Pages: 1 Online-Ressource(XVIII, 301 p. 20 illus.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Music. ; Ethnology ; Culture. ; Emigration and immigration ; Diplomacy.
    Abstract: Chapter 1. Introduction: Music and Cultural Diplomacy in the Middle East—Geopolitical Reconfigurations for the Twenty-First Century -- Part I Music as Cultural Diplomacy: History and Historiographic Perspectives -- Chapter 2. From the Ottoman Twilight to the Roaring Twenties: The Early Career of Sharif Muhiuddin Haidar -- Chapter 3. Strike an Elizabethan Pose: Early Music Diplomacy—Queen Elizabeth I’s Clockwork Organ Gift to the Ottoman Court -- Part II Musical Diplomacy: Migration, Diaspora, and Deterritorialised Power -- Chapter 4. Melodies Heard and Unheard: The Promise and Limits of Cultural Diplomacy Through Music -- Chapter 5. Cultural Diplomacy Despite the State: Mobility and Agency of State and Amateur Musicians in Turkish Classical Music Choirs -- Chapter 6. Shahnameh in the Classroom: Iranian Music and DIY Cultural Diplomacy in the UK -- Part III Soft Power in State, Statecraft and Music-Making -- Chapter 7. Umm Kulthum and Cultural Diplomacy in Egypt -- Chapter 8. Performing Soviet Cultural Diplomacy: “Western Art Music” and Musicians in Cairo 1955–1970 -- Chapter 9. Musical Diplomacy in Mandate Palestine from 1936 to 1948 -- Part IV Affective and Sensorial Diplomacy in Transnational Spaces -- Chapter 10. Music as Cultural Diplomacy: Analyzing the Role of Musical Flows from the Arab Levant to New Cultural Poles in the Arab Gulf in the Twenty-First Century -- Chapter 11. Arabian Violence: Censorship in Morocco’s Techno Underground -- Chapter 12. Musical Delineations of a PostNational Space for National Struggle: Hazara, Kurdish, and Baloch Cases -- Chapter 13. Epilogue: Cultural Diplomacy, Some Discontents./.
    Abstract: This edited volume offers innovative perspectives on the study of music as cultural diplomacy in the Middle East and North Africa (MENA), a region often overlooked in such discussions. It offers an innovative contribution to the field of ethnomusicology, as well as political science and international relations, by highlighting the agency of non-state actors (local voices, communities, and grassroots organizations), thereby contributing towards de-centering the state, hitherto conceived as the chief player in cultural diplomacy. This volume is divided into four main parts organized along the following themes: 1. History and Historiography, 2. Migration, Diaspora, and Ethics, 3. Statecraft and Music Making, and 4. Affective and Sensorial Diplomacy. The perspectives offered in this volume offer a deeper exploration of bottom-up initiatives of cultural diplomacy through music, instead of the more usual analyses of top-down, state-directed programmes. Overall, the aim is to reconceptualize Middle Eastern, North African and Arab Gulf musical practices in their relationship to power and cultural diplomacy in order build a broader and pluri-dimensional account of these contentious relationships. Maria M. Rijo Lopes da Cunha has been a Danish Institute in Damascus Postdoctoral Research Fellow in Ethnomusicology at the Department for Arts and Cultural Studies of the University of Copenhagen (2019 - 2021 and 2022). Jonathan Shannon is Professor of Anthropology at Hunter College and the Graduate Center, The City University of New York. Søren Møller Sørensen is Associate Professor Emeritus at Department for Arts and Cultural Studies, University of Copenhagen. Virginia Danielson retired as Director of Libraries, New York University Abu Dhabi and is currently an Associate of the Music Department at Harvard University.
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  • 8
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031540677
    Language: English
    Pages: 1 Online-Ressource(V, 168 p.)
    Edition: 1st ed. 2024.
    Series Statement: Law and Philosophy Library 146
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law ; Law
    Abstract: Introduction -- Part 1: What a Legal Obligation is -- Toward a Minimal Conception of Legal Obligation -- What is a Legal Obligation? -- Part 2: Theoretical Perspectives on Legal Obligation -- Why Any Legal Positivist Idea of Legal Obligation is Untenable: A Kantian-Gewirthian Synthesis -- Gustav Radbruch’s Theory of Legal Obligation -- Part 3: Forms of Legal Obligation -- Is There a Legal Duty not to Harm in Tort Law? -- Reflections on the Justifiability of Authority: Raz vs. Wolff.
    Abstract: This volume collects six original essays by internationally respected researchers who have devoted themselves to the study of legal obligation. It brings together works that innovatively address key dimensions of the current debates concerning legal obligation from different and, in some cases, even opposing theoretical perspectives. As a result, the collection offers a comprehensive discussion of legal obligation that promises to significantly advance our understanding of the obligatory dimension of law. What specifically connects the contributions gathered here is one common thread: coming to terms with a notion – legal obligation – that is of both practical and theoretical importance. On the one hand, it is widely regarded as a fundamental legal concept by legal practitioners and laypeople alike, as not only judges, prosecutors, lawyers, and juries but also ordinary citizens make extensive use of obligation-related terms and discourses. On the other hand, the notion of legal obligation is of paramount significance for the theory of law. Indeed, even legal theorists who, quite understandably, refuse to reduce the law to a mere obligation-imposing device and opt instead for a view in which the normative dimension of the law also encompasses powers, rights, permissions, privileges and immunities, duly acknowledge the centrality of legal obligation for the understanding and conceptualisation of law. Hence the importance of the treatments presented in this volume.
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  • 9
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031508219
    Language: English
    Pages: 1 Online-Ressource (XL, 660 p. 49 illus., 29 illus. in color.)
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als The Palgrave handbook of sovereign wealth funds
    Keywords: International finance. ; Finance, Public. ; Financial services industry. ; Political planning. ; Sovereign Wealth Funds ; Finance ; Economics ; Santiago Principles ; Politics ; Law ; Shareholder Activism ; Institutional Framework and Governance ; Regulating Sovereign Wealth Funds ; Tax Laws and International Treaties ; Liquidity Management ; Risk Management ; Investors in Global Markets ; Portfolio Analysis ; Socially Responsible/Sustainable Investing ; Aufsatzsammlung
    Abstract: 1.Sovereign Wealth Funds: An Overview -- 2. The Evolution of Sovereign Wealth Funds: A Bibliometric Analysis -- 3. Sovereign Wealth Funds and the Local and World Economy: Are They Good or Bad Investment Actors? -- 4. Standards for Sovereign Wealth Funds: The Santiago Principles and Beyond -- 5.Controversies Surrounding Sovereign Wealth Funds -- 6.The Nature, Scope, and Governance of Sovereign Wealth Funds -- 7. Institutional Framework and Governance Structure of Sovereign Wealth Funds -- 8. Sovereign Wealth Funds and Shareholder Activism: Implications for Corporate Governance and Public Policy -- 9. Accountability and Transparency of Sovereign Wealth Funds -- 10.Balancing Profit and Politics: The Role of Sovereign Wealth Funds in Soft Diplomacy and Domestic Interests -- 11.Leveraging Sovereign Wealth Funds for Soft Power -- 12. The Impact of Tax Laws and International Treaties on Sovereign Wealth Funds -- 13. Macro-level Issues Facing Sovereign Wealth Funds: Inflation, Higher Rates, and Deglobalization -- 14. Agency Issues in Managing Sovereign Wealth Funds -- 15. Structuring an Effective Sovereign Wealth Fund -- 16. Outsourcing and Internal Management Issues of Sovereign Wealth Funds -- 17. Risk Management in Sovereign Wealth Funds -- 18. Using Fintech in Sovereign Wealth Fund Operations -- 19. Best Practices of Sovereign Wealth Funds -- 20. Investment Policies of Sovereign Wealth Funds -- 21. Why a Commercial Focus Is Key to SWF Development Success -- 22.The SWF Portfolio: Next Generation Challenges and Opportunities -- 23.Sovereign Wealth Funds and Socially Responsible and Sustainable Investing -- 24.Sovereign Wealth Funds and Climate Change -- 25. Performance of Sovereign Wealth Funds: Benchmarks and Beyond -- 26. The Norway Government Pension Fund Global: The World’s Largest Sovereign Wealth Fund -- 27. European and Asian Sovereign Wealth Funds -- 28. Sovereign Wealth Funds on Four Continents -- 29. Sovereign Wealth Funds Across Countries: Similarities and Difference -- 30. Sovereign Wealth Funds During Crises -- 31. Sovereign Wealth Funds in Venture Capital: Exploring the New Frontiers -- 32. The Interface of Islamic Finance and Sovereign Wealth Funds -- 33.The Future of Sovereign Wealth Funds: Challenges and Opportunities.
    Abstract: The Palgrave Handbook of Sovereign Wealth Funds provides a comprehensive, detailed analysis of these funds from a multidimensional perspective consisting of 33 chapters divided into seven sections. Section I provides background material about SWFs, providing a foundation for the remainder of the handbook. Section II examines various controversies, governance, and accountability topics involving SWFs. Section III discusses the political, legal, and tax aspects of SWFs. Section IV reviews numerous topics involving SWF management. Section V deals with SWFs’ policies, preferences, and performance. Section VI provides descriptive analyses of SWFs based on country or region. It also offers a comparison of SWF similarities and differences across countries. Section VII concludes by examining special issues and the future of SWFs. This handbook spans the gamut from theoretical to practical while offering the right balance of detailed and user-friendly coverage. Discussion of relevant research permeates the handbook. Although other books are available on SWFs, few are as comprehensive or provide a multidimensional perspective from academics and practitioners. This handbook fills a gap by showing how SWFs are a growing and dynamic force in international finance. “The Palgrave Handbook of Sovereign Wealth Funds was written by experts in the field on both sides of the aisle − practitioners and academicians – making it unique.” —Bader Al Rushaid Al Bader, Former Chairman of Kuwait Investment Company and Former Deputy Managing Director of Kuwait Investment Authority “Covering the history, management, politics, governance, and accountability issues relating to sovereign wealth funds, this handbook dives deep into the myriad opportunities and challenges faced by these distinctive financial institutions.” —Bill Megginson, Professor and Price Chair in Finance at the University of Oklahoma’s Michael F Price College of Business “This handbook is an excellent addition to this strategic field of sovereign wealth funds. Experts contributed to this informative handbook. I highly recommend it to anyone interested in this topic.” —Ahmad Al-Sayed, Chairman of Doha Venture Capital Fund (DVC) and Former Chief Executive Officer of Qatar Investment Authority and Qatar Holding.
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  • 10
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031398148
    Language: English
    Pages: 1 Online-Ressource(XXXVIII, 749 p. 35 illus., 29 illus. in color.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Emigration and immigration ; Emigration and immigration. ; Demography. ; Population. ; Human geography. ; Political science. ; Social sciences. ; Global South ; colonisation ; decolonisation ; forced migration ; food insecurity ; climate change ; gender inequality ; Open Access ; transnational borders ; asylum ; refugees ; diaspora ; colonialism ; displacement ; discrimination ; intersectional inequalities ; Indigenous Peoples ; postcolonialism ; racism ; Sustainable Development Goals ; Aufsatzsammlung
    Abstract: 1. South-South Migration, Inequality and Development: An Introduction -- PART I Conceptualising South-South Migration -- 2. The Enduring Impacts of Slavery: An Historical Perspective on South-South Migration -- 3. Recentering the South in Studies of Migration. 4. Writing the Camp -- 5. Migration Research, Coloniality and Epistemic Injustice -- 6. Rethinking Power and Reciprocity in the “Field” -- 7. What does it mean to move? Humanising Cultural Work in South-South Migration -- PART II Unpacking “the South” in South-South Migration -- 8. Trends in South-South Migration -- 9. The Dynamics of South-South Migration in Africa -- 10. Migration as a Collective Project in the Global South: a Case Study of Hadiya Migration to South Africa -- 11. Migration and Inequality in the Burkina Faso- Côte d’Ivoire Corridor -- 12. Unequal Origins to Unequal Destinations: Trends and Characteristics of Migrants' Social and Economic Inclusion in South America -- 13. The Making of Migration Trails in the Americas: Ethnographic Network Tracing of Haitians on the Move -- 14. Migrant Labour and Inequalities in the Nepal-Malaysia Corridor (and Beyond) -- 15. Inter-regional Migration in the Global South: Chinese Migrants in Ghana -- 16. Inter-regional Migration in the Global South: African Migration to Latin America -- PART III Inequalities and South-South Migration -- 17. Poverty, Income Inequalities and Migration in the Global South -- 18. Gendered Migration in the Global South: An Intersectional Perspective on Inequality -- 19. Haitian Migration and Structural Racism in Brazil -- 20. Climate Change and Human Mobility in the Global South -- 21. Why, When and How? The Role of Inequality in Migration Decision-making -- 22. Overcoming and Reproducing Inequalities: Mediated Migration in the “Global South” -- 23. The Design and Use of Digital Technologies in the Context of South-South Migration -- 24. Migrant Resource Flows and Development in the Global South -- 25. South-South Migration and Children’s Education: Expanded Challenges and Increased Opportunities -- 26. Mapping the Linkages between Food Security, Inequality, Migration and Development in the Global South -- PART IV Responses to South-South Migration - 27. The Governance of South-South migration: Same or Different? - 28. Policies towards Migration in Africa -- 29. Migration Governance in South America: Change and Continuity in Times of “Crisis” -- 30. Perú and Migration from Venezuela: From Early Adjustment to Policy Misalignment -- 31. The “ASEAN Way” in Migration Governance -- 32. Unfair and Unjust: Temporary Labour Migration Programmes in and from Asia and the Pacific as Barriers to Migrant Justice -- 33. Migrant Political Mobilisation and Solidarity Building in the Global South.
    Abstract: “Across thirty three dazzling chapters, this groundbreaking collection from some of the world’s leading migration scholars makes a major contribution to the field of migration studies. Centring south-south migration raises vital theoretical, methodological, and empirical questions for research on mobility globally which go far beyond geographical movements within the symbolic geography of the ‘Global South’. Situated at the cutting edge of these debates, the contributors to this volume offer food for thought for scholars and students from a range of disciplines and locations.” --Lucy Mayblin, Senior Lecturer, Department of Sociological Studies University of Sheffield. Author of Asylum After Empire: Postcolonial Legacies in the Politics of Asylum Seeking (2017) and Migration Studies and Colonialism (with Joe Turner, 2020) This open access handbook examines the phenomenon of South-South migration and its relationship to inequality in the Global South, where at least a third of all international migration takes place. Drawing on contributions from nearly 70 leading migration scholars, mainly from the Global South, the handbook challenges dominant conceptualisations of migration, offering new perspectives and insights that can inform theoretical and policy understandings and unlock migration’s development potential. The handbook is divided into four parts, each highlighting often overlooked mobility patterns within and between regions of the Global South, as well as the inequalities faced by those who move. Key cross-cutting themes include gender, race, poverty and income inequality, migration decision making, intermediaries, remittances, technology, climate change, food security and migration governance. The handbook is an indispensable resource on South-South migration and inequality for academics, researchers, postgraduates and development practitioners. Heaven Crawley is Head of Equitable Development and Migration at United Nations University Centre for Policy Research (UNU-CPR), New York, USA, and Visiting Professor of International Migration at Coventry University’s Centre for Trust, Peace and Social Relations (CTPSR), UK. She was previously Head of Asylum and Migration Research at the UK Home Office and Associate Director at the Institute for Public Policy Research, UK. Joseph Kofi Teye is Director of Research at the Office of Research Innovation and Development at the University of Ghana and Associate Professor of Migration and Development in the Department of Geography and Resource Development of the University of Ghana. He holds a PhD in Geography from the University of Leeds, UK.
    Note: Open Access
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  • 11
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031423574
    Language: English
    Pages: 1 Online-Ressource(VIII, 401 p. 57 illus., 49 illus. in color.)
    Edition: 1st ed. 2024.
    Series Statement: Studies in Art, Heritage, Law and the Market 9
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Law ; Law ; Cultural property. ; Archaeology.
    Abstract: Introduction to the Volume -- Part I Theorizing Conservation as a Reflective Practice -- Artworks in Art Museums -- Doing Ethics in Practice: SBMK Platform Meetings -- Part II The Identity of the Art Object -- The Enfolding Object of Conservation: Artwork Identity, Authenticity, and Documentation -- When Old Was New: Rethinking Traditional and Contemporary Art and Their Paradigms of Care -- Languages of Conservation: A Comparison between Internet-based Art and Built Heritage -- No Longer Artwork -- Part III Professional Roles and Identities: Conservators, Curators, and Artists -- Visible Issues. Insights into the Professional Identity of the Conservator -- Conceptual Art and Conservation -- Reinstalling Thomas Hirschhorn’s Doppelgarage (2002): Bridging Gaps between Theory, Practice and Emotion in the Preservation of Installation Artworks -- The Increasing Role of Artists’ Estates in the Preservation of Contemporary Art.-Part IV Documentation and Decision-making in Theory and Practice -- Documenting hybrid mixed media art forms: the role of the audience -- Sharing Knowledge in Art Conservation: From Repository Building to Research Publishing -- Collections of (An)archives: Towards a New Perspective on Institutional Collecting of Contemporary Art and the Object of Conservation -- Decision-Making for the Conservation and Presentation of Thermoelectronic Chewing Gum (1970), a Political Environment by Wolf Vostell -- Part V The Role of Research in the Art Museum -- The Living Process of Conserving Performance: Theory and Practice in the Conservation of Performance-based Artworks at Tate -- Integrating Front-of-House with Behind-the-Scenes Practice in Contemporary Art Conservation -- Is Trust Enforceable? The Conservation of Contemporary Artworks from a Socio-legal Perspective -- Making Time.
    Abstract: This open access book investigates whether and how theoretical findings and insights in contemporary art conservation can be translated into the daily work practices of conservators or, vice versa, whether and how the problems and dilemmas encountered in conservation practice can inform broader research questions and projects. For several decades now, the conservation of contemporary art has been a dynamic field of research and reflection. Because of contemporary art’s variable constitution, its care and management calls for a fundamental rethinking of the overall research landscape of museums, heritage institutions, private-sector organizations and universities. At first, this research was primarily pursued by conservation professionals working in or with museums and other heritage organizations, but increasingly academic researchers and universities became involved, for instance through collaborative projects. This book is the result of such collaboration. It sets out to bridge the “gap” between theory and practice by investigating conservation practices as a form of reflection and reflection as a form of practice.
    Note: Open Access
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  • 12
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031454226
    Language: English
    Pages: 1 Online-Ressource(XIII, 207 p. 1 illus.)
    Edition: 1st ed. 2024.
    Series Statement: Palgrave Studies in Migration History
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Great Britain ; Social history. ; Emigration and immigration ; Race. ; Europe ; World politics.
    Abstract: Chapter 1: Introduction -- Chapter 2: Scottishness and Foreignness: The Developing Structures, Powers and Capacity of the Scottish ‘Machinery of Government’ before 1939 -- Chapter 3: The ‘Alien’ Concept: The ‘Scottish’ State and Foreignness, 1885-1914 -- Chapter 4: The ‘Alien’ Concept: Foreignness and Scottish State Institutions, 1914-39 -- Chapter 5: Scotland’s Foreigners: Making Identities in Scotland -- Chapter 6: Conclusion.
    Abstract: This book examines the efforts of the government in Scotland to manage the increase of migrants travelling to Britain at the end of the nineteenth century. Focussing on the period between 1885 and 1914, the book explores how the Scottish machinery of government handled the administration of ‘foreigners.’ The author uses a comparative, thematic approach to analyse migrant experiences, identities, and relationships with state institutions. Drawing from state records held by the National Records of Scotland in Edinburgh, the book argues that Scottish officials in semi-autonomous boards began to recognise, describe and enumerate the presence of the ‘foreigner’ in the early twentieth century, framing their handling of foreignness in accordance with the Aliens Act of 1905. The author goes on to explain that institutions operating in Scotland developed a distinctly Scottish approach to alien matters, which continued up until the Second Word War. Therefore, an increasing number of important decisions affecting migrants were taken by a distinctly Scottish machinery of government, impacting on how Scottish officials understood foreignness, and how those identified as foreigners understood their identity in relation to Scottishness. Contributing significantly to current heated debates on migration and identity amongst researchers and the general public in Europe and beyond, this book provides essential insights into the ways in which a ‘sub-state’ began to develop practices, processes and attitudes towards migration which were not always in line with that of the central government. Terence McBride is an Honorary Associate in History at the Open University in Scotland. He has published widely on the migrant experience in Scotland, including articles in Immigrants and Minorities and Historical Research.
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  • 13
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031529399
    Language: English
    Pages: 1 Online-Ressource(XII, 199 p.)
    Edition: 1st ed. 2024.
    Series Statement: Law and Philosophy Library 145
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law
    Abstract: 1 Introduction -- Part I. Domain: conceptual, empirical and historical explorations of access to justice -- 2 Is there a (Human) Right of Access to Justice? -- 3 Equal access to justice: Three interpretations -- 4 Duties of assistance and the criminal/civil distinction -- 5 Unmet legal needs: identification and rich descriptions -- Part II Normative foundations -- 6 The need for a theoretical base: four arguments -- 7 Why capabilities? On the duty to, at times and provisionally, pause, cool down, and listen -- 8 The instrumentalities of access to justice in defending democratic cooperation -- Part III. Practical applications. Testing the political principles of equal access to justice -- 9 Free legal counsel and access to justice -- 10 Is group litigation legitimate? -- 11 Still Against Settlement? -- 12 Conclusion.
    Abstract: It is wrong when someone cannot exercise their rights in a court of law because they have no money to pay for a good lawyer, because they are too scared of the possible consequences, or because they simply don’t know that the law protects them. But does that mean governments have an obligation to intervene? And if so, how? This book provides the first systematic philosophical theory of equal access to justice. It begins by identifying the content of claims to equal access to justice. Then, it reviews traditional political and legal arguments on the right of access to justice, which it argues are both illuminating and insufficient. The best comparative way to approach equal access to justice, the book argues, is to think through the requirements of a moral, pre-political, duty to – at times and provisionally – pause, cool down and listen: in other words, we ought to demand that governments step in and protect access rights, because we have a moral and pre-political interest in cultivating our ability to comply with this duty. It is the recognition of this duty which best explains both law’s potential for promoting, as well as its potential for endangering, equal justice. In closing, the book tests this novel theory of equal access to justice against contemporary trends and reforms in procedural law. .
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  • 14
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031421785
    Language: English
    Pages: 1 Online-Ressource(XXV, 521 p.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Women ; Australasia. ; History. ; Labor. ; Law ; Economic history. ; Sex.
    Abstract: 1. Work, Theory, Scholarship: Equal Pay, Pay Equity and the Sex of Gendered Work -- 2. Intermission: Pay and Personalities I -- 3. A Nineteenth-Century Legacy: Early Days, Equal Pay and Radical Women -- 4. Alarums and Excursions: Infiltrating at the Palace of Versailles -- 5. The Fortunes of the Flapper: The 1920s Generation Confronts the 1930s -- 6. Alarums and Excursion: Women Versus Men Versus Women -- 7. Intruders on the Rights of Man? 1940s Women at War and Work -- 8. Alarums and Excursions: Out of Bounds in the International Arena -- 9. A Decade of Darkness - or into the Light? The Struggles and Success of the 1950s Woman -- 10. Alarums and Excursions: Women Versus Women Versus Men -- 11. The 1960s: Decade of Radical Change or Back to 1912? -- 12. Intermission: Pay and Personalities II -- 13. Ingenuity and Intellectual Rigour: Brazen 1970s Hussies Arguing Back -- 14. Alarums and Excursions: Facts, Fictions, Fallacies and Fancies -- 15. A 1980s Skirmish into Comparable Worth -- 16. Intermission: Pay and Personalities III -- 17. Enterprising Women Confront Enterprise Bargaining: 'I’m All Right Jack' Versus 1990s Woman -- 18. Alarums and Excursions: The Inside Story -- 19. Forward to the Past, Back to the Future: Beyond the New Millennium -- 20. Conclusion: Remembering and Forgetting - Women’s Work, Women’s Rights and the Long Equal Pay Struggle.
    Abstract: This book makes a major contribution to the continuing legal and historical struggle for equal pay in Australia, with international references, including Canada, the UK and US. It takes law, history and women’s and gender studies to analyse and recount campaigns, cases and debates. Industrial bodies federally and around Australia have grappled with this issue from the late nineteenth to early twentieth century onwards. This book traces the struggle through the decades, looking at women's organisations activism and demands, union ‘pro’ and ‘against’ activity, and the 'official' approach in tribunals, boards and courts. Jocelynne A. Scutt is Senior Fellow at the University of Buckingham, UK. She published Women and The Magna Carta: A Treaty for Rights or Wrongs, Women, Law and Culture – Conformity, Contradiction and Conflict with Palgrave in 2016, and Beauty, Women’s Bodies and the Law – Performances in Plastic, Palgrave 2020. .
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  • 15
    ISBN: 9783031284977
    Language: English
    Pages: 1 Online-Ressource(XXVII, 1100 p. 1 illus.)
    Edition: 1st ed. 2024.
    Series Statement: LCF Studies in Commercial and Financial Law 2
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Law ; Information technology ; Mass media ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law).
    Abstract: Transformations: An Introduction to this volume and reflections on uniform law conventions as public and private law -- Part One – European framework – the world we live in -- Six Very Strange Years -- Brave New World: Dispute resolution under the EU – UK Trade and Cooperation Agreement -- Brexit and Arbitration Agreements -- Transnational commercial litigation. Discussing the 2020 Model Rules and the 2019 Hague and 2018 Singapore Conventions -- Style and Form of Judgments in France : enter the Rapporteur public -- The Norwegian Concept of “Room for Manoeuvre”: A Nail in the EEA’s Coffin -- The Reach of Free Movement: The Right to Export Sickness Benefits Within the European Union and the European Economic Area -- Part Two– Transformations in public international law -- General Principles of Law in International Law and Common Law -- The Chorzow Factory Case and the Protection of Industrial Property under International Law -- Settlement of disputes by the International Court of Justice: twosouls in the Court’s breast -- A Developing Field of Activity: Reparation for Breaches of Human Rights in the Case Law of the International Court of Justice -- The jurisprudence of the International Court of Justice between utilitas publica and utilitas singulorum (1947-1962) -- The Factory of Chorzów case: a bridge between international law and private law -- Part Three – Transformations in private law – method and public policy -- Fundamental rights, freedoms and contract law. Comparing legal systems -- Poverty in the capitalistic legal order -- Hayek in Brussels. Uniform Private Law and neo-liberal orthodoxy -- Another Europe after the pandemic? Reflections on solidarity and the nature of private rights -- Ruling economic contractual relations: the predictability of pandemics and of their implications -- Part Four – Transformations in contract law -- The developing role of good faith and the emerging concept of a relational contract -- Trust and the (EU) Capital Market. Theory and Case Studieson a New Mesotes in Business Law -- The fiduciary entrustment contract -- Spunti di riflessione in tema di diligenza e autonomia privata nel diritto privato italiano -- La prudenza come paradigma conoscitivo nei sistemi di civil law: l’influsso sulla formazione del giurista -- Europe needs a true business law. What does that mean? -- Some Reflections on the Nature of Decentralized (Autonomous) Organizations -- Contract automation from telematic agreement to smart contracts -- Some considerations for research on the sale of movable goods -- The French Model and the Development of Authors’ Rights -- The control of contract power and standard terms in Italy and Canada: a comparative overview -- Part Five – Transformations in tort law -- Forty Years of travels in the province of the law of tort. A memoir -- Damages and Benefits: new rules for the Compensatio Lucri cum Damno doctrine -- A Flower Never Blossomed: The Overshadowed Silhouette of Privacy in the Realm of the English Law of Tort -- Artificialintelligence and liability: the strategy of the European Union -- Damages liability caused by robot and artificial intelligence: a question of safety -- Artificial Intelligence And Tort Liability -- Part Six – Transformations in EU law – tort, remedies and interventions -- The EU, the Member States and Damages Liability -- Supervisory liability for surveillance failure in the EU financial system -- EU Financial Regulation and Private Law: Towards a Holistic Approach -- The remedies of retail clients of investment firms in the light of the decisions of the Italian Financial Ombudsman -- Consumer protection extended to commonholds in the view of the Court of Justice of the European Union -- Financial resilience issues in agriculture -- Part Seven – Digitalised world – assets, privacy and party autonomy -- International Regulatory Competition in Crypto Finance and Comparative Discussions -- The role of the EU Court of Justice in relation to the European law on eCommerce and liability of Internet Service Providers -- Smart contracts in the financial sector: Fintech's prospects and risks -- Legal protection of the human personality and the emergence of digital identity. The case of Italy -- A Multifaceted Issue Called “Big Data”: Different views on Privacy, Consumer Protection and Free Trade in Search for a Synthesis -- Data and Territory. The impact of the “local” in the regulation of digital technologies and algorithmic decision-making -- Informed Consent in Italian Digitalized Insurance Contracts. From the Privacy Shield to Schrems II.
    Abstract: Eminent lawyers from academia, international judiciary and legal practice join up to honour Professor Mads Andenas KC (Hon). Contributions form a cutting edge volume across legal disciplines led by an advisory editorial committee including Prof. Guido Alpa, Prof. Carl Baudenbacher, Prof. Eirik Bjorge, Prof. Giuseppe Conte and Prof. Duncan Fairgrieve. The general private law of tort and delict is subject to a transformation where the traditional national framework is becoming gradually less relevant. Much of the modernisation of private law takes place not at the domestic level but at a European or international level such as in international commercial conventions or EU consumer protection legislation. Remedies in regulatory law are becoming ever more important. The role of the European Court of Justice in developing general principles of contract and tort is ever increasing. Tort liability is an important subject of international conventions with the case law of the International Court of Justice developing general principles of tort liability in public international law.
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  • 16
    ISBN: 9783031368721
    Language: English
    Pages: 1 Online-Ressource(XIX, 242 p. 3 illus., 2 illus. in color.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Environmental policy. ; Emigration and immigration ; Environmental Law. ; America ; Social justice.
    Abstract: Part I: Conceptualizing Property and Its Contradictions: A Challenge for Climate Justice -- Chapter 1: Pulling at the Thread -- Chapter 2: Property Law and Its Contradictions -- Part II: Proof of Harm -- Chapter 3: Market Orientation as an Environmental Hazard for Resettling Communities -- Chapter 4: Flood Buyout Relocations and Community Action -- Chapter 5: Displacing a Right to Act Communally within Community Relocation -- Chapter 6: Precarious Possessors and “the Right to (rebuilding) the City” -- Chapter 7: Interrogating “Just Compensation” and Flexibility: Details on the Inadequacy (and Importance) of Voluntary Buyouts for Relocation in Alaska -- Part III: The Legal Framework -- Chapter 8: A Primer of Laws, Legal Concepts, and Tools that Structure Relocation -- Chapter 9: Discretion and the Roles People Play in Interpreting and Applying the Law -- Chapter 10: Concluding Thoughts.
    Abstract: This open access book explores the intersection of property law, relocation, and resettlement processes in the United States and among communities that grapple with migration as an adaptation strategy. As communities face the prospect of relocating because of rising seas, policy makers, disaster specialists, and community leaders are scrambling to understand what adaptation pathways are legally possible. While in its ideal application, law functions blindly and without variation, the authors find that legal contradictions come to bear on resettlement processes and place certain communities further in harm’s way. This book will unearth these contradictions in order to understand why successful community-based resettlement has presented such a challenge to communities that are experiencing increasing land deterioration as a result of climate change. Alessandra Jerolleman is Associate Professor of Emergency Management, Jacksonville State University, USA. Elizabeth Marino is Associate Professor of Anthropology and Sustainability, Oregon State University, USA. Nathan Jessee is Postdoctoral Environmental Fellow at Princeton University's High Meadows Environmental Institute, USA. Liz Koslov is Assistant Professor in the Department of Urban Planning and the Institute of the Environment and Sustainability at UCLA, USA. Chantel Comardelle, Jean Charles Choctaw Nation, Tribal Secretary and Curator. Melissa Villarreal is a PhD candidate in Sociology at the University of Colorado (CU) Boulder, USA. Daniel de Vries is Associate Professor in Anthropology at the University of Amsterdam, the Netherlands. Simon Manda is Lecturer in International Development at the University of Leeds, UK.
    Note: Open Access
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  • 17
    ISBN: 9783031418204
    Language: English
    Pages: 1 Online-Ressource(VI, 344 p. 6 illus., 4 illus. in color.)
    Edition: 1st ed. 2024.
    Series Statement: Law, Governance and Technology Series 60
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Information technology ; Mass media ; Law ; Criminal law. ; Data protection.
    Abstract: Legal Developments on Cybersecurity and Related Fields: Introductory notes and presentation -- PART I – CYBERSECURITY, CYBERDEFENCE AND LAW -- Getting critical. Making sense of the EU security framework for cloud providers -- Cyber operations targeting space systems. Legal questions and the context of privatisation -- A legal assessment of the concept of risk in reversible operations through cyber and electronic means -- Knowledge management and continuous improvement in cyberspace -- Information security metrics: challenges and models in an all-digital world -- Cyberterrorism and the Portuguese counter-terrorism act -- PART II – CYBERSECURITY AND LAW: SPECIFIC TOPICS -- Towards cybersecurity regulation of software in the European Union -- The importance of the computer undercover agent as an investigative measure against cybercrime: a special reference to child pornography crimes -- Post-Mortem data protection and succession in digital assets under Spanish law -- The suitability of the regime of technological measures for copyright protection in the face of modern cybersecurity risks -- Digital signatures and quantum computing -- No words needed? Emojis as evidence in judicial proceedings -- PART III – CYBERSECURITY, ETHICS AND FUNDAMENTAL RIGHTS -- Bug bounties: ethical and legal aspects -- Profiling and cybersecurity: a perspective from fundamental rights' protection in the EU -- Legal developments on smart public governance and fundamental rights in the digital age -- Biometric signatures in the context of Regulation (EU) nr. 910/2014 and the general data protection regulation: the evidential value and anonymization of biometric data -- Cybersecurity issues in electronic communications and some insights on digital literacy and technological infrastructures’ demands – anticipations of the European Digital Decade through the lens of a Declaration on digital rights and principles.
    Abstract: This book presents a fresh approach to cybersecurity issues, seeking not only to analyze the legal landscape of the European Union and its Member States, but to do so in an interdisciplinary manner, involving scholars from diverse backgrounds – ranging from legal experts to ICT and engineering professionals. Cybersecurity requirements must be understood in a broader context, encompassing not just conventional aspects, but also emerging topics. This can only be achieved through an interdisciplinary approach. Indeed, cybersecurity should be consistently considered in relation to cybercrime and/or cyber defense, while examining it through the lens of specific domains that are intertwined with various legal fields. Moreover, it is crucial to uphold ethical standards and safeguard fundamental rights, particularly regarding personal data protection. By adopting this comprehensive perspective, the significance of cybersecurity in the exercise of public authority becomes apparent. It also plays an essential role in upholding the fundamental values of both individual Member States and the EU as a whole, such as the rule of law. Moreover, it fosters trust, transparency, and effectiveness in market relations and public administration interactions. In turn, the book draws on the expertise of its authors to provide insights into ICT components and technologies. Understanding these elements holistically is essential to viewing every "cyber" phenomenon from a legal standpoint. In addition to the holistic and interdisciplinary approach it presents, the book offers a captivating exploration of cybersecurity and an engaging read for anyone interested in the field.
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  • 18
    ISBN: 9783031397325
    Language: English
    Pages: 1 Online-Ressource(X, 285 p. 6 illus., 5 illus. in color.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als New forms of human trafficking
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Human rights. ; Civil rights. ; European communities. ; Organized crime. ; Transnational crime. ; Law ; Criminal law
    Abstract: Chapter 1. “Don't Give Me Moral, but a Social Ideal”: From the Social Condemnation of Prostitution to the Criminalisation of Sexual Exploitation: Pimping and Human Trafficking in the Portuguese Penal Code -- Chapter 2. Cross-Border Organized Crime and Human Rights: The Awfulness of Trafficking in Human Beings. Chapter 3. Combating Human Trafficking in South Africa -- Chapter 4. Human Trafficking Policies in Scandinavia: What Happens When International Obligations Meet National Problem Definitions? -- Chapter 5. Fight Against Human Trafficking in Poland: From Theory to Practice -- Chapter 6. The Silenced Coercion of Voodoo over Nigerian Women Trafficked from West Africa to Europe -- Chapter 7. Transvestites and Transwomen in Human Trafficking for Sexual Exploitation: A Study In Brazil -- Chapter 8. Romania – Trendstetter in European Human Trafficking? -- Chapter 9. Individuals Treated As Nonpersons and the Challenge to Criminal Justice: The Specific Problems Facing Victims of Trafficking in Human Beings -- Chapter 10. Trafficking in Human Beings as an Hourglass Paradigm -- Chapter 11. The Formal Institutions of Control and the Victims of Human Trafficking: From Frequency to Impunity -- Chapter 12. Human Trafficking in Slovenia: Contemporary Issues -- Chapter 13. How Organized is Labour Trafficking? On the Involvement of Organized Criminal Groups in Labour Exploitation -- Chapter 14. Human Trafficking in Brazilian Law: The New Legal Definition -- Chapter 15. Trafficking in Persons vis-à-vis the Recent Jurisprudence of the Inter-American Court of Human Rights: Lessons for Brazil.
    Abstract: This book analyses new forms of human trafficking taking into account the transposition of the Directive 2011/36/UE which sets out minimum standards to be applied throughout the European Union in preventing and combating trafficking in human beings and protecting its victims. Sexual exploitation of trafficked persons is at its highest rate. After COVID-19, new forms of sexual exploitation have been identified, specifically in the Global South. The book analyses new forms of exploitation used by traffickers to coerce victims. Combining the perspectives of academic researchers with those of highly skilled professionals from governmental institutions, this book is a unique contribution, promoting collaboration in preventing and combating human trafficking crime, and in raising awareness of this ongoing problem.
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  • 19
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031469435
    Language: English
    Pages: 1 Online-Ressource(VIII, 200 p. 1 illus.)
    Edition: 1st ed. 2024.
    Series Statement: The World of Small States 11
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Law ; Law
    Abstract: 1 Navigating Law-making and Law Reform in Small Jurisdictions -- Part I Case studies in law-making in small jurisdictions -- 2 A small state, a worldwide jurisdiction: Vatican City State and its legal system -- 3 Small states and constitutional reform: democracy in Malta -- 4 Drafting for effectiveness: Tuvalu's Climate Change Resilience Act 2019 -- Part II International influences and their impact on small jurisdictions -- 5 Mapping the UK's constitutional relationship with Britain's Overseas Territories in the human rights sphere -- 6 The Long Road to a Beneficial Ownership Regime in the Cayman Islands -- 7 Law Reform and Regulated Credit Reporting Systems in Commonwealth Small Island Developing States: a study of Jamaica -- Part III Global perspectives on law-making and law reform in small jurisdictions -- 8 The Challenges and Rewards of Law Drafting in Small States.
    Abstract: This book puts the spotlight on a different and neglected aspect of law drafting and reform: the question of size. Specifically, how does the size of a jurisdiction affect its ability to make and change its laws? Some of the challenges affecting small jurisdictions include: a lack of resources and paucity of policy/drafting capacity; the pressures and pull from sources outside the jurisdiction (e.g. international bodies or NGOs; larger states; treaty commitments); a vulnerability to domestic capture (e.g. criminal elements, big local businesses, strong domestic lobby groups); weak/bad governance (e.g. laws or institutions which themselves do not encourage or promote good governance, reflection and reform); the legacy of colonial legal systems and their interaction with indigenous or customary laws; and struggles to comply with constitutional norms such as accountability and transparency. Despite these difficulties small jurisdictions also have certain advantages when it comes to making and reforming law: they can be flexible and creative; they can legislate very quickly if the political will is there; and there is strong informal/formal accountability in a small jurisdiction. This edited collection explores law reform and law drafting in small jurisdictions through the themes of sovereignty; the impact of colonialism and legal plurality; the challenges of harmonising laws at regional and international levels; and constitutional reform. Of use to researchers and practitioners alike.
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  • 20
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Palgrave Macmillan
    ISBN: 9783031545016
    Language: English
    Pages: 1 Online-Ressource (VIII, 227 p)
    Edition: 1st ed. 2024
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    DDC: 304.8
    Keywords: Human Migration ; Sociology of Migration ; Human Rights ; Emigration and immigration ; Emigration and immigration / Social aspects ; Human rights
    URL: Volltext  (URL des Erstveröffentlichers)
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  • 21
    ISBN: 9783031535185
    Language: English
    Pages: 1 Online-Ressource (XV, 134 Seiten) , Diagramme
    Edition: 1st edition
    Series Statement: Palgrave Socio-Legal Studies
    Parallel Title: Erscheint auch als
    Keywords: Law and the social sciences. ; Human rights. ; Public law . ; Law ; Social justice.
    Abstract: 1 Introduction -- 2 The neglect of subnational legislators in research on international law and why it matters -- 3 Studying what subnational legislators do with international human rights norms -- 4 Actors, mechanisms and socio-political uses -- 5 Discussion: Varieties of cantonal paths and engagements -- 6 Conclusion and future research.
    Abstract: Making human rights a reality requires that various types of domestic actors take measures, which is often demanding, all the more so in federal systems. This open access book, Engaging with Human Rights: How Subnational Actors use Human Rights Treaties in Policy Processes, shows that an important part is played at the subnational level, with repeated back-and-forth between and within levels of governance rather than a ‘top-down’ trajectory. The dynamics of implementation at national and sub-national level is an emerging area of study. This book explores how actors use human rights treaties in the policy process, sometimes leading to an engagement that increases human rights implementation, and at other times not. Treaties provide both opportunities and constraints. Switzerland, as a highly decentralized federal state, offers a perfect setting to study the processes at work. Using legal, political, and sociological analyses, the authors draw on over 65 semi-structured interviews and focusses on two topical case studies: violence against women, including domestic violence, and the rights of persons with disabilities. This book provides a blueprint for other researchers and practitioners who wish to study the concrete implementation and impacts of human rights obligations. Jonathan Miaz is a lecturer and researcher in political science at the Institute of Political Studies of the University of Lausanne, Switzerland. Evelyne Schmid is a professor of international law at the Centre of Comparative, European and International Law at the University of Lausanne, Switzerland. Matthieu Niederhauser is a PhD Candidate at the Institute of Political Studies at the University of Lausanne, Switzerland, and was a researcher at the Global Governance Institute at University College London until November 2022. Constance Kaempfer works at the Directorate of International Law of the Federal Department of Foreign Affairs of Switzerland and is a former senior researcher at the Centre of Comparative, European and International Law at the University of Lausanne, Switzerland. Martino Maggetti is an associate professor of political science at the Institute of Political Studies at the University of Lausanne, Switzerland. .
    Note: Open Access
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  • 22
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Springer
    ISBN: 9783031556807
    Language: English
    Pages: 1 Online-Ressource (IX, 307 p. 15 illus)
    Edition: 1st ed. 2024
    Series Statement: IMISCOE Research Series
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    DDC: 304.8
    Keywords: Human Migration ; Migration Policy ; Sociology of Migration ; Emigration and immigration ; Emigration and immigration / Government policy ; Emigration and immigration / Social aspects
    URL: Volltext  (kostenfrei)
    URL: Volltext  (kostenfrei)
    URL: Volltext  (kostenfrei)
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  • 23
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031535628
    Language: English
    Pages: 1 Online-Ressource(XVII, 237 p. 7 illus., 3 illus. in color.)
    Edition: 1st ed. 2024.
    Series Statement: Mobility & Politics
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Emigration and immigration ; Emigration and immigration.
    Abstract: Part I: Introduction -- Chapter 1. Return Migration and Crises in Non-Western Countries: Introduction - Jungwon Yeo -- Part II: Cases of Return Migration and Crises in Non-Western Countries -- Chapter 2: A Generation of Crisis-Responsive Reintegration in Migration Management: Reflections from the Philippines - Cherry Amor D. Yap & Jeremaiah M. Opiniano -- Chapter 3: Does Environmental Uncertainty Affect the Remigration Intention of Chinese Migrant Workers in the Pandemic? - Ai-xiang Zheng, & Hai-bo Zhang -- Chapter 4: Soft Power Amidst a Crisis: Return Migration and India’s Soft- Power in the Persian Gulf - Sabith Khan -- Chapter 5: Reasons for Leaving and Coming Back: Migration Experiences of High Skilled Professionals from Lithuania - Eglė Vaidelytė, Eglė Butkevičienė, & Jolanta Vaičiūnienė -- Chapter 6: Lives on Hold Between the European Union and Ukraine: Ukrainian Migrants’ Return Before and After the War - Jungwon Yeo & Olga Pysmenna -- Chapter 7: Family Return Migration from Europe to Turkey in the Time of Crises - Filiz Kunuroglu & Demet Vural Yüzbaşı -- Chapter 8: Crisis, Circular Systems and Return: A Case Study of Morocco - Frances D. Loustau-Williams & Abderrahim Zouggaghi -- Chapter 9: Building a new home: modes of incorporation for 1.5-generation return migrants in Mexico - Mónica Liliana Jacobo-Suárez -- Chapter 10: Venezuelan Migration in Peru: Exploring the Causes for Venezuelans’ Return Migration - Maritza Concha & Rasha Mannaa -- Chapter 11: Return Migration and Return Intention in Times of Crisis: Dominican Return during the COVID-19 Pandemic - Carlos Manuel Abaunza -- Part III: Conclusion -- Chapter 12: Return Migration and Crises in Non-Western Countries: Contributions and Lessons Learned - Jungwon Yeo. .
    Abstract: This edited book focuses on the intersection of return migration and crises in non-Western countries. The book explores a wide range of theoretical and methodological perspectives while offering practical insights to address the intricate issues surrounding return migration and crises. The topics covered within this volume include return migration trends, the pivotal roles and contributions of return migrants, the social, psychological, and policy challenges faced by returnees, emerging issues stemming from return migration in their home countries, and the public and formal responses to return migration and the reintegration of returnees, and the roles of crises in these areas. This edited volume brings together diverse perspectives of academic researchers, practitioners, and policymakers on return migration. The book features cases of multiple non-Western countries in Asia (Philippines, China, India), Europe (Lithuania, Turkey, & Ukraine), the Middle East and North Africa (Morocco), and South America and the Caribbean (Mexico, Peru & Dominican Republic). Findings provide a unique opportunity to critically explore current thinking on return migration and investigate the relationship between migration and crisis from varying policy and operational viewpoints. This book, hence, attends to practitioners to develop creative solutions to both global and local policies and practices of return migration management in emerging market countries, which will support and accommodate both their returnees and residents amid challenging times. Jungwon Yeo is an Associate Professor in the School of Public Administration at the University of Central Florida. Her primary research focuses on enhancing attitudes, behaviors, and cognitions of diverse individuals and organizations and their collective decision-making process in critical policy contexts, such as disaster and crisis management, migration, and human security. Additionally, her research explores key topics shaping contemporary discourse in public administration, including accountability, ethics, leadership, and social justice, and their consequential impact on public service provision. Her research experience is demonstrated through refereed publications, national and international conference presentations, and multi-year interdisciplinary research grant awards.
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  • 24
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031553226
    Language: English
    Pages: 1 Online-Ressource(VIII, 338 p. 2 illus., 1 illus. in color.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Europe ; Law ; Political sociology. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; World politics.
    Abstract: Introduction -- Part I: General aspects of the rule of law and populism in the European Union -- 1. Historical Perspectives on the Democratic Deficit(s) -- 2. Populism and segmentation in contemporary Europe -- 3. Democracy in Europe: Between a Rock and Hard Place -- 4. Populism, human rights, and (un-)civil society -- 5. The Epistemic Vices of Democracies in the Age of Populism -- 6. Too Little, But Not Too Late? Assessing the Role of Sanctions in the EU's Rule of Law Conflict with Poland -- Part II: Political perspectives on populism and the rule of law in key political contexts -- 7. The rule of law as a cornerstone of anti-populism: European institutions, populists, and the people in European Parliament debates -- 8. Democracies Under Pressure in Pandemic Times: The Relationship between State of Emergency and Rule of Law in Angela Merkel and Victor Orbán’s Political Communication -- 9. Gender rights and opposition to Populism -- 10. Left populism and the rule of law. Notes based on the Greek and Ecuadorian experiences -- 11. Predictors of populism and anti-populism in France and Poland: A comparative analysis -- Part III: Legal Perspectives on the Rule of Law in the European Union and Threats Posed by its Violation -- 12. The Principle of Legality as a Pillar of the EU's Rule of Law: Bridging the Gap Between International and National Law -- 13. Conditional or sustainable? The rule of law and judiciary reforms in the Western Balkans -- 14. EU social policy, social partners, and the rule of law -- 15. Climate change litigation and the rule of law in the European Union -- 16. The EU Sustainable corporate governance initiative and the rule of law -- Conclusions. .
    Abstract: This book reflects on the nature of the rule of law in the European Union and the present and future consequences of the attacks that are undermining it. Presenting various case studies, it analyses violations of the rule of law and their impact on the quality of European democracy and on the workings of civil and political society. Written from an interdisciplinary perspective, the book connects legal aspects related to infringements of the rule of law with their political and sociological consequences at both a general and the EU level. The book is divided into three parts. The first focuses on the rule of law in the European context and the threats to democracy posed by its violations. It examines how populist movements and parties utilize the erosion of the checks and balances in liberal democracies to weaken resisting intermediate bodies, such as dissenting civil society groups. The second part concentrates on the political perspectives, which it approaches both in terms of its general features and through a set of case studies related to violations of the rule of law. The third part provides a legal perspective on these issues and examines the impact of the rule of law and its infringement in several areas, impacting both the internal and external dimensions of the EU.
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  • 25
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Imprint: Palgrave Macmillan
    ISBN: 9783031246258
    Language: English
    Pages: 1 Online-Ressource (XVII, 170 p. 30 illus., 10 illus. in color)
    Edition: 1st ed. 2023
    Parallel Title: Printed edition
    Parallel Title: Printed edition
    DDC: 304.82
    Keywords: Emigration and immigration—Social aspects ; Digital media ; Emigration and immigration ; Culture ; Australasia
    URL: Volltext  (URL des Erstveröffentlichers)
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  • 26
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Palgrave Macmillan
    ISBN: 9783031356209
    Language: English
    Pages: 1 Online-Ressource (XIII, 198 p. 4 illus)
    Edition: 1st ed. 2023
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    DDC: 302.2344
    Keywords: Radio ; British Culture ; Diaspora Studies ; Radio broadcasting ; Ethnology / Great Britain ; Culture ; Emigration and immigration
    URL: Volltext  (URL des Erstveröffentlichers)
    URL: Volltext  (URL des Erstveröffentlichers)
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  • 27
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Imprint: Palgrave Macmillan
    ISBN: 9783031123504
    Language: English
    Pages: 1 Online-Ressource (XXVIII, 299 p. 18 illus)
    Edition: 1st ed. 2023
    Series Statement: Political Pedagogies
    Parallel Title: Printed edition
    Parallel Title: Printed edition
    Parallel Title: Printed edition
    DDC: 304.8
    Keywords: Emigration and immigration ; Emigration and immigration—Government policy ; Education, Higher
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  • 28
    ISBN: 9783031295294 , 3031295293
    Language: English
    Pages: 1 Online-Ressource (XVII, 183 Seiten) , 15 illus., 8 illus. in color.
    Edition: 1st ed. 2023
    Parallel Title: Erscheint auch als Environmental Migration in the Face of Emerging Risks
    DDC: 304.2
    Keywords: Human geography ; Emigration and immigration ; Environmental sciences Social aspects ; Demography ; Population ; Human Geography ; Human Migration ; Environmental Social Sciences ; Population and Demography ; Aufsatzsammlung ; Aufsatzsammlung
    URL: Volltext  (URL des Erstveröffentlichers)
    URL: Volltext  (URL des Erstveröffentlichers)
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  • 29
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Springer International Publishing AG
    ISBN: 9783031317163 , 3031317165
    Language: English
    Pages: 1 Online-Ressource (XVII, 95 Seiten) , 1 illus.
    Edition: 1st ed. 2023
    Series Statement: IMISCOE Research Series
    Parallel Title: Erscheint auch als Wihtol de Wenden, Catherine Migration and International Relations
    DDC: 304.8
    Keywords: Emigration and immigration ; International relations ; Emigration and immigration—Government policy ; Human Migration ; International Relations ; Migration Policy
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  • 30
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Springer
    ISBN: 9783031361869
    Language: English
    Pages: 1 Online-Ressource (XXI, 270 p. 1 illus)
    Edition: 1st ed. 2023
    Series Statement: IMISCOE Research Series
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    DDC: 304.8
    Keywords: Human Migration ; Population Economics ; Migration Policy ; Sociology of Work ; Anthropology ; Emigration and immigration ; Population / Economic aspects ; Emigration and immigration / Government policy ; Industrial sociology ; Anthropology
    URL: Volltext  (URL des Erstveröffentlichers)
    URL: Volltext  (URL des Erstveröffentlichers)
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    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Springer International Publishing AG
    ISBN: 9783031401473 , 3031401476
    Language: English
    Pages: 1 Online-Ressource (XXI, 106 Seiten) , 2 illus.
    Edition: 1st ed. 2023
    Parallel Title: Erscheint auch als Datta, Amrita Stories of the Indian Immigrant Communities in Germany
    DDC: 304.82
    Keywords: Emigration and immigration Social aspects ; Culture ; Emigration and immigration ; Political sociology ; Europe Politics and government ; Sociology of Migration ; Sociology of Culture ; Human Migration ; Political Sociology ; European Politics
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  • 32
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Palgrave Macmillan
    ISBN: 9783031388019
    Language: English
    Pages: 1 Online-Ressource (XIII, 159 p)
    Edition: 1st ed. 2023
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    DDC: 305.8
    Keywords: Race and Ethnicity Studies ; Sociology of Migration ; Human Migration ; Children, Youth and Family Policy ; Sociology of Family, Youth and Aging ; Sociology of the Body ; Race ; Emigration and immigration / Social aspects ; Emigration and immigration ; Family policy ; Sociology ; Social groups ; Human body / Social aspects
    URL: Volltext  (URL des Erstveröffentlichers)
    URL: Volltext  (URL des Erstveröffentlichers)
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  • 33
    ISBN: 9783031248337
    Language: English
    Pages: 1 Online-Ressource (VI, 266 p. 22 illus., 17 illus. in color)
    Edition: 1st ed. 2023
    Parallel Title: Printed edition
    Parallel Title: Printed edition
    Parallel Title: Printed edition
    DDC: 304.8
    Keywords: Emigration and immigration ; Environmental sciences—Social aspects ; Social policy ; Environmental policy ; Climatology ; Human geography
    URL: Volltext  (URL des Erstveröffentlichers)
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  • 34
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Imprint: Palgrave Macmillan
    ISBN: 9783031211515
    Language: English
    Pages: 1 Online-Ressource (XV, 267 p. 6 illus)
    Edition: 1st ed. 2023
    Series Statement: Sustainable Development Goals Series
    Parallel Title: Printed edition
    Parallel Title: Printed edition
    Parallel Title: Printed edition
    DDC: 304.8
    Keywords: Emigration and immigration ; Emigration and immigration—Social aspects ; Africa—Economic conditions ; Economic development ; Retail trade
    URL: Volltext  (URL des Erstveröffentlichers)
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  • 35
    Online Resource
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    Cham : Springer International Publishing | Imprint: Springer
    ISBN: 9783031231254
    Language: English
    Pages: 1 Online-Ressource (X, 255 p. 1 illus)
    Edition: 1st ed. 2023
    Series Statement: IMISCOE Research Series
    Parallel Title: Printed edition
    Parallel Title: Printed edition
    Parallel Title: Printed edition
    DDC: 304.8
    Keywords: Emigration and immigration ; Emigration and immigration—Government policy ; Emigration and immigration—Social aspects
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  • 36
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Imprint: Palgrave Macmillan
    ISBN: 9783031181696
    Language: English
    Pages: 1 Online-Ressource (XXI, 153 p)
    Edition: 1st ed. 2023
    Series Statement: Migration, Diasporas and Citizenship
    Parallel Title: Printed edition
    Parallel Title: Printed edition
    DDC: 304.82
    Keywords: Emigration and immigration—Social aspects ; Emigration and immigration ; Ethnology—Great Britain ; Culture
    URL: Volltext  (URL des Erstveröffentlichers)
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  • 37
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Springer International Publishing AG
    ISBN: 9783031308383 , 3031308387
    Language: English
    Pages: 1 Online-Ressource (VI, 151 Seiten) , 1 illus.
    Edition: 1st ed. 2023
    Series Statement: IMISCOE Research Series
    Parallel Title: Erscheint auch als Ambrosini, Maurizio Irregular Migration
    DDC: 304.8
    RVK:
    Keywords: Illegale Einwanderung ; Emigration and immigration ; Emigration and immigration—Government policy ; Emigration and immigration—Social aspects ; Human Migration ; Migration Policy ; Sociology of Migration
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  • 38
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Springer International Publishing AG
    ISBN: 9783031341946 , 3031341945
    Language: English
    Pages: 1 Online-Ressource (XII, 226 Seiten) , 1 illus.
    Edition: 1st ed. 2023
    Series Statement: IMISCOE Research Series
    Parallel Title: Erscheint auch als Migration in South Asia
    DDC: 304.8
    Keywords: Emigration and immigration ; Political science ; Emigration and immigration—Social aspects ; Human Migration ; Political Science ; Sociology of Migration
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  • 39
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Palgrave Macmillan
    ISBN: 9783031272387
    Language: English
    Pages: 1 Online-Ressource (XVI, 328 p. 36 illus. in color)
    Edition: 1st ed. 2023
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    DDC: 305.8
    Keywords: Ethnography ; History of the Middle East ; Diaspora Studies ; Research Methods in Anthropology ; Human Migration ; Ethnology ; Middle East—History ; Emigration and immigration ; Anthropology—Research
    URL: Volltext  (URL des Erstveröffentlichers)
    URL: Volltext  (URL des Erstveröffentlichers)
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  • 40
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031315312
    Language: English
    Pages: 1 Online-Ressource(XI, 309 p.)
    Edition: 1st ed. 2023.
    Series Statement: Palgrave Studies in Literature, Culture and Human Rights
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law—History. ; Comparative literature. ; Literature. ; World politics. ; Drama. ; Law
    Abstract: Chapter 1: Introduction: Slavery and the Forensic Theatricality of Human Rights in the Spanish Empire -- Part I: Slavery, Theatricality and Human Rights in the Spanish Empire -- Chapter 2: Slavery and Human Rights in the Spanish Empire -- Chapter 3: Allegorical Theatricality: Horror and Human Rights in Bartolomé de las Casas’ Atrocity Story A Short Account of the Destruction of the Indies -- Part II: Comic Modes of Theatricality and Human Rights in Sixteenth- and Seventeenth Century Spain -- Chapter 4: Carnivalesque Theatricality: Defeat, Revenge and Collective Rights in Micael de Carvajal’s Court of Death and the Tragedy of Atawallpa’s Death -- Chapter 5: Tragicomic Theatricality: Forensic Presentism and a Dual Vision of Rights in Lope de Vega’s The New World Discovered by Christopher Columbus -- Part III: Tragic Modes of Theatricality and Human Rights in Nineteenth Century Cuba -- Chapter 6: Melodramatic Theatricality: Tableaux of Natural Rights and Interracial Solidarity in Gertrudis Gómez de Avellaneda’s Sab -- Chapter 7: Tragic Theatricality: Vulnerability and Rights in Juan Francisco Manzano’s Autobiography of a Slave and Zafira -- Chapter 8: Epilogue: Forensic Theatricality and Human rights .
    Abstract: This book is a study of the forensic theatricality of human rights claims in literary texts about slavery in the sixteenth and the nineteenth century in the Spanish Empire. The book centers on the question: how do literary texts use theatrical, multisensorial strategies to denunciate the violence against enslaved people and make a claim for their rights? The Spanish context is particularly interesting because of its early tradition of human rights thinking in the Salamanca School (especially Bartolomé de Las Casas), developed in relation to slavery and colonialism. Taking its point of departure in forensic aesthetics, the book analyzes five forms of non-narrative theatricality: allegorical, carnivalesque, tragicomic, melodramatic and tragic. Karen-Margrethe Simonsen is Associate Professor of Comparative Literature at Aarhus University, Denmark. .
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  • 41
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031377235
    Language: English
    Pages: 1 Online-Ressource(XIII, 231 p. 12 illus.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Literature, Modern ; Law ; Poetry. ; European literature.
    Abstract: 1 – Introduction -- 2 – Laws Ancient and Modern: Nation, Custom and Legislative Renewal -- 3 – One Law for the Lion and the Ox is Oppression: the Emergence of Universal Law -- 4 – One King, One God, One Law: Building Constitutions in the Lambeth Books -- 5 – The Heavens Squared by a Line: Legal Architecture and Mystery -- 6 – Such are the Laws of Eternity: Recovery, Redemption, and Prophecy -- 7 – Creating Nature from this Fiery Law: Towards Visionary Legislation? -- 8 – Conclusion.
    Abstract: This book examines the difficult relationship between individual intellectual freedom and the legal structures which govern human societies in William Blake’s works, showing that this tension carries a political urgency that has not yet been recognised by scholars in the field. In doing so, it offers a new approach to Blake’s corpus that builds on the literary and cultural historical work of recent decades. Blake’s pronouncements about law may often sound biblical in tone; but this book argues that they directly address (and are informed by) eighteenth-century legal debates concerning the origin of the English common law, the autonomy of the judicature, the increasing legislative role of Parliament, and the emergence of the notions of constitutionalism and natural rights. Through a study of his illuminated books, manuscript works, notebook drafts and annotations, this study considers Blake’s understanding that law is both integral to humanity itself and a core component of its potential fulfilment of the ‘Human Form Divine’. Matthew Mauger is Senior Lecturer in English at Queen Mary University of London, UK. His research focuses on the intellectual, literary and commercial life of London in the eighteenth century, with a particular interest in how the administrative frameworks associated with the city – civil, legal, political, financial – provide contexts for literary expression. He is co-author of Stealing Books in Eighteenth-Century London (2016) and of Empire of Tea: The Asian Leaf that Conquered the World (2015).
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  • 42
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031227431
    Language: English
    Pages: 1 Online-Ressource(XVI, 291 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Philosophy and Politics - Critical Explorations 24
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Political science—Philosophy. ; Social sciences—Philosophy. ; Law—Philosophy. ; Political science. ; Political science. ; Social sciences ; Law
    Abstract: Introduction -- Political Legitimacy Under Epistemic Constraints -- An Epistemic Reading of the Ideal of Co-Authorship -- Justification Under Nonideal Circumstances: Reflective Agreement and Relational Liberalism -- The Ideal of Public Justification Revisited -- Compromises for a Pluralistic World -- A Case Study: Extending Marriage Rights to Same-Sex Couples -- Conclusion.
    Abstract: This book investigates the unresolved issue of democratic legitimacy in contexts of pervasive disagreement and contributes to this debate by defending a relational version of political liberalism that rests on the ideal of co-authorship. According to this proposal, democratic legitimacy depends upon establishing appropriate interactions among citizens who ought to ascribe to one another the status of putative practical and epistemic authorities. To support this relational reading of political liberalism, the book proposes a revised account of the civic virtue of reasonableness along with an investigation of the epistemic-specific dimension of political equality. By engaging with political epistemology and social theory, this book explores ways to address inherent tensions within the liberal paradigm, using the following strategies of addressing these tensions: first, it defends a twofold model of legitimacy that distinguishes the goals, methodologies, and justificatory tasks of both ideal and nonideal phases of the two-level justificatory framework; second, it contends that democratic legitimacy requires an engaged and contextual critical appraisal of the injustices that characterize our daily social lives, illustrating how structural forms of injustice represent a profound betrayal of the liberal ideal of democratic legitimacy.
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  • 43
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031187438
    Language: English
    Pages: 1 Online-Ressource(XIII, 315 p.)
    Edition: 1st ed. 2023.
    Series Statement: Studies in Art, Heritage, Law and the Market 7
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als Bolz, Anna A regulatory framework for the art market?
    RVK:
    Keywords: Law—Philosophy. ; Law—History. ; Art—History. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Criminal law. ; Archaeology. ; Cultural property. ; Art ; Law ; Law ; Kunstmarkt ; Regulierung ; Recht ; Echtheit ; Kunstfälschung ; Gutachten ; Geschichte 2000-2023
    Abstract: Setting the Scene: Approach and Methodology -- Peculiarities of the Art Market -- Fraud, Forgery and Authentication -- Remedies: Regulation and New Initiatives -- Conclusions and Recommendations.
    Abstract: This book addresses practical issues in connoisseurship and authentication, as well as the legal implications that arise when an artwork’s authenticity is challenged. In addition, the standards and processes of authentication are critically examined and the legal complications which can inhibit the expression of expert opinions are discussed. The notion of authenticity has always commanded the attention of art market participants and the general art-minded public alike. Coinciding with this, forgery is often considered to be the world’s most glamorous crime, packed with detective stories that are usually astonishing and often bizarre. The research includes findings by economists, sociologists, art historians, lawyers, academics and practitioners, all of which yield insights into the mechanics and peculiarities of the art business and explain why it works so differently from other markets. However, this book will be of interest not only to academics, but to everyone interested in questions of authenticity, forgery and connoisseurship. At the same time, one of its main aims is to advocate best practices in the art market and to stress the importance of cooperation among all disciplines with a stake in it. The results are intended to offer guidance to art market stakeholders, legal practitioners and art historians alike, while also promoting mutual understanding and cooperation.
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  • 44
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031204517
    Language: English
    Pages: 1 Online-Ressource(XI, 271 p. 3 illus., 2 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: Palgrave Studies in Prisons and Penology
    Parallel Title: Erscheint auch als Body searches and imprisonment (2022 : Leuven) Body searches and imprisonment
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    RVK:
    RVK:
    RVK:
    Keywords: Human body—Social aspects. ; Law—Europe. ; Corrections. ; Punishment. ; Criminology. ; Human rights. ; Critical criminology. ; Human body ; Law ; Konferenzschrift ; Strafrecht ; Strafvollzug ; Durchsuchung
    Abstract: Chapter 1. Body searches as contested control measures -- Chapter 2. The imposition of power through touch: A sensory criminology approach to understanding body searches -- Chapter 3. Searching, ‘state of security’ and the structuration of prison security -- Chapter 4. Strip searches: A risky practice that needs to be monitored -- Chapter 5. Strip searches through the lens of the prohibition of inhuman and degrading treatment in European human rights law -- Chapter 6. Body searches and vulnerable groups: Women and LGBTQI+ people in prison -- Chapter 7. Body searches in Belgian prisons: dignity, security and denial -- Chapter 8. Body searches in French prisons: Dignity and security on a roller coaster -- Chapter 9. Stripping the self away: security, control, and punishment in the practice of strip searches in Spanish prisons -- Chapter 10. Gendered punishment and protest in a context of conflict: Strip searching in Northern Ireland -- Chapter 11. “There’s a tech for that”: balancing dignity and security in carceral settings through alternative technology devices -- Chapter 12. What future for body searches in prisons?.
    Abstract: This book explores and addresses body search practices in prison environments from different angles (criminology, sociology, human rights and law) and discusses such practices in different national contexts within Europe. Body searches are widely used in prison systems across the globe: they are perceived as indispensable to prevent forbidden substances, weapons or communication devices from entering the prison. However, these are also invasive and potentially degrading control techniques. It should not come as a surprise, then, that body searches are deeply contested security measures and that they have been widely debated and regulated. What makes theses control measures problematic in a prison context? How do these practices come to be regulated in an international and European context? How are rules translated into national law? To what extent are laws and rules respected, bent, circumvented and denied? And what does the future hold for body searches? Tom Daems is Professor of Criminology at the Leuven Institute of Criminology (LINC), KU Leuven, Belgium. At LINC, he coordinates the research line on ‘Punishment and Control’. Daems has published widely on punishment and prisons, in particular from a European perspective. With Palgrave, he previously published Electronic Monitoring: Tagging Offenders in a Culture of Surveillance (2020) and Europe in Prisons: Assessing the Impact of European Institutions on National Prison Systems (2017, co-edited with Luc Robert). .
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  • 45
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031247156
    Language: English
    Pages: 1 Online-Ressource(XIX, 216 p.)
    Edition: 1st ed. 2023.
    Series Statement: Palgrave Studies in Victims and Victimology
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law—Philosophy. ; Law—History. ; Critical criminology. ; Victims of crimes. ; Sex. ; Sex (Psychology). ; Social structure. ; Equality. ; Law ; Law
    Abstract: Chapter 1: Introduction -- Chapter 2: Trans(gender) identities: what makes a woman/where are all the men? -- Chapter 3: Self-identity and social harm: the need for recognition -- Chapter 4: Seeking love within post-war neoliberal influence and control -- Chapter 5: Seeking esteem whilst sustaining neoliberal hierarchies -- Chapter 6: Achieving respect via neoliberal rules and values -- Chapter 7: Implications and priorities for the future.
    Abstract: This book explores how neoliberal consumer capitalist ideals of meritocracy, competitive individualism, and responsibilisation have shaped trans people’s subjectivity and lived experiences of harm. The book critiques the adequacy of legal constructs of hate crime to acknowledge the social harms experienced. The deep ethnographic data illuminates a variety of social harms that result from the failure of social structures and systems to acknowledge gender identities beyond the binary. The book offers a historically grounded theorisation of anti-trans sentiment to produce a persuasive argument for understanding the harms of hate as recognitive harms. In this sense, the book opens up a path to theorizing the empirically documented emotional and psychological harms of both transphobia and transnormative ideals, as rooted in a binary gender order that has been invigorated by the hyper individualism and competitiveness of capitalist neoliberalism. Katie McBride is Lecturer in Criminology at the University of Plymouth, UK. Before joining academia, Katie was an equality and human rights practitioner working within the public and third sectors on the development and delivery of policy and practice designed to address inequalities and discrimination experienced by marginalised communities. Her key research interests lie in examining hate from a critical perspective with a particular focus on the harms of hate experienced by trans individuals. Katie’s research utilises deep ethnographic participatory methods as a tool to redress the balance of power in research and academia. Her research has explored how adverse childhood experiences, communities of support and structures of governance have impacted on the lived experience of trans individuals.
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  • 46
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031193583
    Language: English
    Pages: 1 Online-Ressource(X, 315 p. 1 illus.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law—Europe. ; International law. ; Environmental law, International. ; Renewable energy sources. ; Economics. ; Power resources. ; Energy policy. ; Law
    Abstract: The European Union and Renewable Energy Policies -- A Few Words on the Energy-related Considerations -- The Environment in Contemporary Constitutionalism -- The Italian Energy Transition in a Human Rights Perspective -- Beyond the Energy Transition and Towards a Just Transition -- Wind of Change: A Scandinavian Perspective on Energy Transition and the ‘Greenification’ of the Oil and Gas Sector -- Green Deal and Regionalisation -- Energy Auction in the European Union with Specific Reference to Member State Practice in Germany and France -- The Energy Transition and the Use of EU Funds in the Spanish and Italian Legal Systems -- State and Market in China’s Coal-to-Gas Transition -- Tendencies in Regulatory Framework of Renewable Energy in Russia -- Energy Ttransition and Latin-American Countries: example Cuba: Looking for Interconnections with Food Sovereignty -- Is there a Regional Approach to the Energy Transition in Sub-Saharan Africa? -- Ineluctable Transnationalism, and the Regional Approach to the Energy Transition -- From Coal to Climate Change: An Australian Perspective on the Energy Transition -- A Comparative Analysis of Electricity Access Initiatives in Sub-Saharan Africa.
    Abstract: The book"Regional Approaches to the Energy Transition", discusses the key challenges the energy transition is facing at the European and International level. It is an edited collection gathering contributions from the experts in the field bringing together internationally renowned scholars, researchers, EU officials to address the current trends in the energy transition and its dilemmas. The book places the energy transition in a wide interdisciplinary context. It looks at energy policies, legal framework, regional strategies and the difficulties in their implementation. It argues for a regional approach to the energy transition, questioning at the same time the strategies and measures put forward for its realisation. The subject matter is topical, considering recent themes that occupy global and European political agendas. In a nutshell, the volume offers insights into regional regulations, public policies and local practices on the use of clean energy. It looks first at the EU commitment and its initiatives providing some examples from the Member States. Furthermore, it offers a comparative perspective and discusses the different approaches to the energy transition from Latin America, China, Africa and Australia. It covers a wide range of topics such as the EU renewable energy policies, Green Deal and regionalisation, energy auctions in the EU, environment in contemporary constitutionalism, Human Rights considerations, the Scandinavian perspective, practical examples from Italy and Spain. Moreover, it also considers the global context, looking at State and Market in China's coal-to-gas transition, tendencies of legal regulation in the sphere of renewable energy in Russia, the energy transition in Latin-American countries, regional approach to the energy transition and electricity access initiatives in Sub-Saharan Africa, and transnationalism and the regional approach to the energy transition in Australia. The systematisation that this book offers and the exchange of good practices and experiences are useful tools for the key players to seriously engage with a just and sustainable energy transition. The proposed book is a reference and study material for academics and students, but also for the policy makers, officials and practitioners dealing with the energy transition. It provides some answers, potential solutions and alternatives to the main problems that the energy sector is facing worldwide.
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  • 47
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031376412
    Language: English
    Pages: 1 Online-Ressource(XIV, 256 p. 4 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: Studies in the History of Law and Justice 27
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law ; Law
    Abstract: Introduction -- PART I. IDEA AND ROLE OF CONSENT IN THE DEVELOPMENT OF A TAXONOMY OF CONTRACT IN ANCIENT LAW -- Roman law -- Mos gallicus and iuris Franco-Gallici -- Modern law -- RECEPTION, RELEVANCE, EVOLUTION, AND IMPLICATIONS IN THE CIVIL CODE OF FRANCE: DE LEGE LATA -- Article 1108 et seq. and the specification of the consensual doctrine -- PART III. RETHINKING THE FRENCH PERSPECTIVES ON CONSENSUALISM: DE LEGE FERENDA -- Articles 1109 and 1172, and the classification of contracts: Problems and perspective -- Reconsidering consensualism and the role of consent in contract -- Conclusion.
    Abstract: This book offers a comprehensive introduction to French contract law with a focus on the role of consent and the evolution of consensualism, considering its immediate historical sources. The book provides a clear, in-depth, and analytical discussion of the contingency of consensualism and how the development of consensual ideas across time and transnational geographical settings has specifically underpinned modern French contract law, which has inspired other legal systems and continues to do so. It also challenges the macro-narratives of European legal history and redefines consensualism so that it may be properly understood, addressing its manifest contemporary misinterpretations. Thorough, engaging, well-structured and inventive, there is no other English-language scholarly work that offers a similar analysis. “This monograph makes an evident contribution to the field by offering an original interpretation of several provisions in the Code Civil which relate to the law of contract. The author demonstrates an impressive grasp of Latin, French and English sources as well as knowledge of Roman law, legal history, and contemporary French law. It is well-referenced and offers an extensive bibliography”. – Dr Stephen Bogle, Senior Lecturer in Private Law, University of Glasgow, UK “The author brings a critical perspective to bear throughout the monograph and develops a clear and quite sophisticated position on the interaction between consensualism and formalism in Roman and French law and the intervening European ius commune”. – Prof Hector MacQueen, Emeritus Professor of Private Law, University of Edinburgh, UK.
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  • 48
    ISBN: 9783031134135
    Language: English
    Pages: 1 Online-Ressource(XII, 326 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Legal Studies in International, European and Comparative Criminal Law 6
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law—Philosophy. ; Law—History. ; Criminal law. ; Constitutional law. ; Comparative government. ; Law ; Law
    Abstract: Preface -- Part I: Legitimacy of Punishment in the Democratic Constitutional State -- Is it possible to limit the penal intervention in the 21st century? -- Review on Retribution as Punishment Purpose -- Crises of the ultima ratio Principle shall we resume the Constitutional Criminal Law Guidance? -- Enforced Disappearance: A precedent of the Enemy Criminal Law -- Part II: Crisis of Warranty Thinking in the Democratic Constitutional State and Criminal Law -- Criminal Law and Legal Theory: Not Just Legal Dogmatics, But Never Without it -- The Populist Traces of Punitive Feminism -- Harm, offense, and the Hate Speech -- For a feminist and Guarantism-based Methodology in the Criminal Protection of Sexual Freedom -- Legal Defeasibility The Limits Between Ductile Law and Arbitrary Law -- Punishment and Communication in the Post Truth Society -- Presumption of innocence and pre-trial detention in the light of Directive (EU) 2016/343 -- Part III: Expansion and Trivializacion of Criminal Law in the Democratic Constitutional State -- Criminal Law Protection of Competition: An Instance of Punitive Excess? -- The Impact of Soft law on the Expansion of Criminal Law -- Contentious Politics and Penal Expansion in Spain: A Decade of Criminalization of Protest -- Ceilings for the criminal liability of Internet Service Providers -- Part IV: Paradigm of Danger and Security in the Criminal Law in the Democratic Constitutional State -- Why do They Call it ´Dangerousness´ When They Mean ´Risk Assessment? Using Risk Assessment in the Spanish Criminal Justice System -- Criminal Law of Security: Serious Crime and Visibility.
    Abstract: The book aims to share the results of project research granted by the Castilla-La Mancha government, which has been composed by philosophers of law and criminal law researchers, whose main conclusions are represented by the manifestations and trends of the current crisis of the constitutional State. The works try to identify these trends and manifestations in order to develop alternatives and remedies to solve the current negation process that classical liberties are involved, from the point of view of philosophy, policy, and dogmatic.
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  • 49
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    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031462467
    Language: English
    Pages: 1 Online-Ressource(VIII, 189 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Palgrave Socio-Legal Studies
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
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    Keywords: Law and the social sciences. ; Domestic relations. ; Family policy. ; Human rights. ; Law ; Law ; Interpretation, Literary.
    Abstract: 1. Introduction -- 2. From the Romans to the heroic monstrous: Folkloric demons, tricksters, and changelings -- 3. Legislative reform, social justice, heroic ‘orphans’ and the rise of human rights -- 4. Fairy tales, Secrecy, shame, and stigma -- 5. Conclusion. Legal Fictions, Dystopian Truths .
    Abstract: This book critically analyses the way in which traditional sociocultural and legal biases might be perpetuated against those with unknown – or unknowable – genetic ancestries. It looks to law and works of literature across differing eras and genres focussing upon such concepts as inherited stigma, illegitimacy, orphanisation, adoption, othering, reunion, and the ‘right’ to access truths that relate to one’s original identity. Law’s role in such matters is often limited (or usurped) by custom, practice, or lingering superstitious beliefs; the importance of oral and written testimony is therefore highlighted. Characters include abandoned or orphaned figures from folk and fairy tales, Romantic and Victorian monsters and heroes, Dickensian waifs, Edwardian rescue orphans, and dystopia-set ‘rebels.‘ Their insights and experiences are mirrored in various present day scenarios that speak to familial human rights abuses, not least forced adoptions and bars on accessing original information. This cross-disciplinary book drawing on Law, Literature, Sociology, Critical Adoption Studies should be of interest to those interested in and those who have been affected in some way by adoption, origin deprivation, or reunion. Alice Diver is Lecturer in Family Law at The School of Law, Queen’s University, Belfast, Northern Ireland. .
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  • 50
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    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031392252
    Language: English
    Pages: 1 Online-Ressource(XXIII, 140 p. 2 illus., 1 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: Springer Series in Social Work and Social Change
    Parallel Title: Erscheint auch als
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    Keywords: Social service. ; Emigration and immigration ; Emigration and immigration. ; Social structure. ; Equality.
    Abstract: Chapter 1 Introduction -- Chapter2. Mumbai/Bombay: Migration, Caste, and Dalits -- Chapter 3. Bhima Koregaon: Deconstruction, Construction, and Re-construction of Dalit ‘Pride’ -- Chapter 4. Religion, Politics, and Ideology: Migration and Everyday Assertion -- Chapter 5. Caste and Migration: The City—A Site for ‘Inclusion’ and Emancipation -- Chapter 6. Entitlement, Deprivation, and Basic Services: Everyday Experience of Dalit Migrants with the State -- Chapter 7. Conclusion .
    Abstract: This book offers a detailed narrative of Dalit migrants' everyday experience in urban areas with regard to the availability and accessibility of welfare services and state institutions. It discusses caste, specifically the identity of integration for Dalit migrants and the social work profession to integrate a marginalized community. Further, the book also highlights social, political, cultural, and economic changes among Dalit migrants in cities. The book traces the trajectory of Dalit migrants and captures their mobility from rural to urban areas, which is a complex economic and social phenomenon. In consideration of this complexity, the author explores the process of migration in its finer details through a focus on lived experiences of Dalit migrants in cities. Dalits often migrate to cities in search of better employment and livelihood opportunities because their occupations are invariably associated with their caste in villages. This book investigates the role of caste-based identity in Dalit migrants’ emancipation and integration in cities. In addition, the book examines the role of caste in the exclusion of Dalit migrants in cities and explains the dynamic nature of the 'state' and Dalit migrants' assertion. Among the topics covered in the book's seven chapters: Mumbai/Bombay: Migration, Caste, and Dalits Caste and Migration: The City—A Site for ‘Inclusion’ and Emancipation Entitlement, Deprivation, and Basic Services: Everyday Experience of Dalit Migrants with the State Dalit Migrants: Assertion, Emancipation, and Social Change is intended for students, academicians, and researchers in social work, migration studies, labour studies, development studies, population science, and economics. Developmental professionals also will be keen to read the book.
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  • 51
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    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031464676
    Language: English
    Pages: 1 Online-Ressource(VIII, 129 p.)
    Edition: 1st ed. 2023.
    Series Statement: Ius Gentium: Comparative Perspectives on Law and Justice 110
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Law ; Law ; Asia ; Philosophy, Chinese.
    Abstract: 1. Introduction -- 2. Methodology -- 3. Similarities.-4. Differences -- 5. Conclusion.
    Abstract: This book explores the historical and legal importance of two principles, Quod Omnes Tangit, and Tianxia Wei Gong, which have played significant roles in European and Chinese political and legal history. While Quod Omnes Tangit has been thoroughly researched, Tianxia Wei Gong has not been systematically examined. This thesis fills this void and connects these two principles for the first time. Quod Omnes Tangit was initially introduced in Justinian's Codex Civil, while Tianxia Wei Gong originated from Liji, one of the books in a key series of works by Confucius. Liji is comparable to the Thora in the Old Testament and is considered as important as law in Chinese legal history. Both principles have undergone comparable developmental processes, with scholars contributing to their reinterpretation. This book thoroughly examines the interpretations of individual scholars, with particular attention given to Liang Qichao, who is the only one to have mentioned both Tianxia Wei Gong and Quod Omnes Tangit. The book also provides an explanation for the original discrepancies in their concepts, particularly their methodologies in distributing and legitimizing rights. This research will be of interest to legal philosophers and historians in both the Western and Eastern worlds, legal practitioners and policymakers, and researchers seeking to explain current events and explore fundamental differences between the East and West.
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  • 52
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    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031441844
    Language: English
    Pages: 1 Online-Ressource(XIV, 105 p. 10 illus., 8 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: Law and Visual Jurisprudence 11
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law ; Law ; Semiotics.
    Abstract: Introduction -- What Is Intersemiotic Legal Translation? -- Intersemiotic Legal Translation: Four Dimensions -- Intersemiotic Legal Translation as Target Representamen: Three Types of Intersemiotic Translation in the Legal Field -- Intersemiotic Legal Translation as a Process -- Intersemiotic Digital Legal Translation -- Conclusions.
    Abstract: The translation of legal documents in today’s globally interconnected world calls for novel approaches to overcoming traditional language barriers. The verbal language used in legal documents can be accompanied or even replaced by various types of semiotic resource, such as symbols, diagrams, and icons, while the advancement of digital tools and the introduction of new technologies offer those drafting contracts and other legal documents access to an ever-expanding toolbox for the translation process. This book makes a significant contribution to the existing literature on legal translation and intersemiotic translation by sharing valuable insights and opening up new avenues of inquiry, fostering further exploration of this evolving domain and enabling practitioners to use these diverse communication tools responsibly and effectively. Given the book’s structured multidisciplinary approach and extensive analyses of the characteristics of intersemiotic legal translation, its potential, and the complexities that arise at the intersection of law, language, and semiotics, it will appeal to legal practitioners, translators, semiotic scholars, and legal philosophers alike. Whether you are a legal professional aiming to expand your expertise, an academic seeking a new research direction, or are simply intrigued by the fascinating interplay of law, language, and semiotics, this book offers a valuable resource that sheds light on the unique dynamics of translating legal concepts using approaches other than traditional verbal communication. As such, it is an essential read for anyone who is interested in the changing landscape of law, language, and translation.
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  • 53
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    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031454851
    Language: English
    Pages: 1 Online-Ressource(XIII, 255 p.)
    Edition: 1st ed. 2023.
    Series Statement: Law and Philosophy Library 144
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law ; Law
    Abstract: 1. About Aristotle’s Supposed Methodological Essentialism and Absolute Monarchism -- 2. Aristotle’s Language for Success in (Practical) Explanations -- 3. The Political Nature of Logos in Aristotle -- 4. Aiming for True Life as an Act of Choice -- 5. Aristotle’s Contribution to the Judiciary Construction of Science -- 6. Aristotle’s Anthropological Conception of Justice in the Contemporary Context -- 7. Aristotle on Arbitration, Forgiveness and Rational Dialogue -- 8. Rhetorical Truth: Aristotle (and Gorgias) on Deliberation and Agonism -- 9. Aristotle’s Model of Rhetoric and Contemporary Patterns of Argumentation: on some Aristotelian Challenges -- 10. Practical Reason, Technical Perception and the Judge -- 11. Aristotelian Eudaimonism as Common Ground for Dialogue on the Good Life -- 12. Aristotle’s Conception of Truth, Perception of Particulars and Problem of Conceptualization.
    Abstract: In this thought-provoking book, you’ll find timeless questions explored through a fresh lens. First delving into the profound significance of Socrates’ dialogical method and the inescapable nature of conflict, it ponders the rational capacities of humanity in terms of establishing harmonious communities. But this isn’t merely a philosophical debate; it’s a pragmatic exploration of real-world challenges. No longer limiting itself to abstract theories, the book then seeks to navigate the practical terrain of science and politics. Drawing inspiration from Aristotle, renowned for his investigations into the intricate connections between theory, technology, ethics, and politics, it tackles the essential question: How can we reconcile divergent views? At the book’s core lies Aristotle’s revolutionary concept of dialogue, which portrays truth as a delicate equilibrium between opposing forces, transcending the rigid boundaries of true and false. Join this captivating journey as the author reveals the hidden paths to meaningful coexistence in a world filled with conflicting perspectives.
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  • 54
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    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031180637
    Language: English
    Pages: 1 Online-Ressource(XVII, 507 p.)
    Edition: 1st ed. 2023.
    Series Statement: LCF Studies in Commercial and Financial Law 3
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law—Europe. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Trade regulation. ; Law
    Abstract: Introduction -- PART I Transnational Securities Regulation: How it Works -- IOSCO: Evolution, Nature, and Governance -- IOSCO in the International Financial Architecture -- Standard-Making, Accountability, and Legitimacy -- Combined Techniques for the Implementation of Securities Standards -- A Mechanism for the Coordination of Cross-border Enforcement -- PART II Transnational Securities Regulation: Who Shapes it -- The Involvement of Regulatory Powers in IOSCO -- Horizontal Standards: Harmonizing Principles and Conflicts of Securities Regulation -- Vertical Standards Addressed to Public Authorities -- Vertical Standards Addressed to Private Parties -- Vertical Standards Set in Concert with Other Institutions -- PART III Conclusions -- Perspectives Around Transnational Securities Regulation.
    Abstract: The book provides an analysis of the emergence, evolution, and transformation of transnational securities regulation and of the influences from and the interactions between global regulatory powers in the field. Combining insights from law and political science, the work employs a two-tier complementary "on-the-books" and "in-action” approach. The more classical "on-the-books" approach draws on scholarship in United States and European Union securities regulation; transnational regulation and global administrative law; regime complexity; global governance studies; and the regulatory production of the International Organisation of Securities Commissions (IOSCO). The law in-action approach leverages the author’s experience as Compliance senior professional in a multinational financial institution as well as research interviews with senior IOSCO staff. The author’s findings enable the reader to develop an original understanding of IOSCO, its standards, and its unique place in the transnational regulatory arena. They also challenge the doxa that the US are the only driving regulatory power in the securities area when in fact, other regulatory powers are emerging – for the time being, the EU. The balance has shifted and regulatory compromises are achieved at different points in the rule making process.
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  • 55
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    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031191312
    Language: English
    Pages: 1 Online-Ressource(XXI, 162 p. 1 illus.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law—Europe. ; Europe—Politics and government. ; Law ; Europe
    Abstract: Introduction -- Part I The Context -- The geopolitical context -- The legal context -- Part II Common Foreign and Security Policy after Lisbon -- Restrictive measures: constitutional issues, classification, judicial review -- Common Security and Defence Policy in Action -- The silence of foreign policy -- Part III The key themes -- Between law and geopolitics -- Conclusion.
    Abstract: This strongly interdisciplinary book provides a first tentative evaluation of the role that geopolitics plays in shaping the genesis and functioning of the law of EU Common Foreign and Security Policy (CFSP). It introduces the reader to the geopolitical context of the EU and of its main neighbours, as well as to the legal architecture of CFSP. The book then presents selected cases of the Union’s action (or inaction) in CFSP since 2009. These show the key argument of the book: the law of CFSP is not entirely fit for purposes as it does not reflect the geopolitical reality of the continent. The book reflects on such geopolitical reality as it results, in particular, from the 2004 EU enlargement, and comments upon three key issues of the CFSP legal framework: issues of coherence, accountability, and effectiveness. With its fusion of law and geopolitics, the book will be invaluable for students of EU foreign policy and EU external relations law.
    URL: Cover
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  • 56
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    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031268557
    Language: English
    Pages: 1 Online-Ressource(X, 207 p. 2 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Law and Visual Jurisprudence 9
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law—Philosophy. ; Law—History. ; Semiotics. ; Law ; Law
    Abstract: The Rearguard of Subjectivity – an Introduction -- The Efficient Jurist as a Semiotician -- On The Life and Work of Tikhon Fedorovich Stepanov -- Describe, Predict, Intervene! -- Students Making Meaning: Teaching Legal Semiotics in the Context of International Law -- On Language and Power -- Reflecting on Law and Language -- Jan Broekman and the Multicultural Self -- Lady Justice's Crooked Teeth -- Narrativity and Memory - Towards an Ethics of Testimony -- Juridical Dignity and (Inter)subjectivity: Semiotic and Normative Levels -- The Performance of (the Declaration of) Independence -- Philosophy of Friendship.-From Life to Law: Towards an Evolving Conception of Ecocide -- Subject and Self.
    Abstract: Edmund Husserl’s ideas, informed by Kant’s Critiques, constituted a point of departure when rereading philosophical problems of subject and subjectivity. In his “Phänomenologie und Egologie” (1961/63), Jan Broekman revealed how Husserl analysed the “Split Ego” notion in Kant’s vision, which became fundamental for his phenomenology. The form and function of subjectivity were likewise positioned in psychiatry and literature, as well as in aesthetics, as Jan Broekman’s texts on ‘cubism’ demonstrated. Problems of ‘language’ unfolded in studies on topics ranging from the texts of Ezra Pound to the dialogic insights of Martin Buber, all of which were involved in the development of semiotics. Two themes accompanied these insights: the notion and later Parisian mainstream called structuralism, and the urgent need to arrive at deeper insights into the links between Marxism and phenomenology. Central language concepts also played a part: as early as 1986, Jan Broekman published on ‘semiology and medical discourse’, and in 1992 on ‘neurosemiotics’, before addressing the link between speech act and (legal as well as social) freedom in 1993. In all these works, the subject and the atmosphere of subjectivity were essential aspects. In addition to his writing, Jan Broekman gave courses on current philosophical issues, law and medicine until retiring in 1996, and in his “Intertwinements of Law and Medicine” revisited subjectivity aspects, while also offering a synthetic view. In this Festschrift in honour of Jan Broekman, the contributions address the analogue/digital dichotomy in semiotics, the multicultural self in language and semiotics, semiology and legal discourse, the legal subject and the atmosphere of subjectivity, intertwinements of law and medicine, the semiotics of law in legal education, signs in law and legal discourse, making meaning in law, and legal speech acts.
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  • 57
    ISBN: 9783031405167
    Language: English
    Pages: 1 Online-Ressource(XI, 355 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Law, Governance and Technology Series 57
    Parallel Title: Erscheint auch als
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    Parallel Title: Erscheint auch als
    Keywords: Information technology ; Mass media ; Law ; Technological innovations. ; Computers ; Business information services. ; Computational intelligence.
    Abstract: Introduction -- Part I - Content -- The Legal Challenges of the Fourth Industrial Revolution: Copyright in the Digital Single Market - between new uses of protected content and fairness considerations -- Due diligence obligations and liability of intermediary services: the Proposal for the EU Digital Services Act -- Legal challenges posed by the modern-day transportation services. A brief overview from the private law perspective -- The regulation of content moderation -- Part II - Economy -- The European Way to Regulate Big Tech: the EU’s Digital Markets Act -- “eCommerce and EU consumers' rights” -- Online platforms and taxes in the EU: a compatible match? -- Regulating Digital Advertising from the Perspective of the 4th Industrial Revolution -- Part III - Security -- The European Union Strategy for Cybersecurity -- Remarks on the use of biometric data systems (and facial recognition technologies) for law enforcement purposes: security implications of the Proposal for an EU Regulation on Artificial Intelligence -- Cyber operations threatening the European Union and its member states: the rise of the European Union as a cyber defence actor -- Part IV - People -- Data Protection Litigation System under the GDPR -- R2D: The Right to Disconnect from Work -- Is There a Need for an EU Catalogue of Fundamental Digital Rights? -- Countering terrorism propaganda online through TERREG and DSA: a battlefield or a breath of hope for our fundamental human rights? -- AI and Fundamental Rights: the People, the Conversations, and the Governance Challenges.
    Abstract: This book explores the concept of a fourth industrial revolution as an expression of the current technological, economic, and social changes sparked by the growing interconnectivity and intelligent automation that have emerged in the 21st century. It seeks to identify and explain the legal challenges posed by this phenomenon in four main areas: content, economy, security, and people. Part I, Content, considers e.g. the problems posed by new uses of protected works in the digital environment, and the new rules on liability for intermediary services contained in the Digital Services Act. Part II, Economy, is particularly concerned with the regulation of Big Tech in the EU’s Digital Markets Act, ecommerce and EU consumers’ rights, the taxation of online platforms, and digital advertising. Part III, Security, addresses the European Union Strategy for Cybersecurity, the use of biometric data systems and facial recognition technologies for law enforcement purposes, and the security implications of the Proposal for an EU Regulation on Artificial Intelligence, as well as the challenges entailed by the European Union’s positioning itself as a major cyber defence actor. Part IV, People, discusses the Data Protection Litigation System under the GDPR, the right to disconnect from work, the proposed EU Catalogue of Fundamental Digital Rights, the countering of terrorist propaganda online through the TERREG and the DSA, and AI and Fundamental Rights.
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    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031403835
    Language: English
    Pages: 1 Online-Ressource(XI, 216 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Palgrave Studies in Languages at War
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
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    Keywords: Translating and interpreting. ; Peace. ; International relations. ; Emigration and immigration ; Politics and war.
    Abstract: Chapter 1: Reversing the Gaze -- Chapter 2: Western Imaginings of Afghanistan -- Chapter 3: Spaces of Encounter -- Chapter 4: Naming the ‘Interpreter’: from the NATO drawdown until the Evacuation -- Chapter 5: Evacuation -- Chapter 6: After the Evacuation -- Chapter 7: Conclusions.
    Abstract: This book explores how endangered local interpreters in Afghanistan were seen through Western eyes in the period from 2014, when the West drew down the bulk of its military forces, to the summer of 2021, when NATO forces withdrew completely. The author examines how these interpreters were understood and represented by Western governments, militaries, agencies, press and lobby organisations, how the understandings changed over time, and to what extent the representations reflect distinct rationales for intervention/historic relationships with Afghanistan, specific immigration and anti-terrorism policies, and notions of citizenship. The book will be of interest to students and scholars of translation and interpreting, history, war studies, and migration studies. Hilary Footitt is an Associate Fellow of the Institute of Languages, Cultures and Societies, School of Advanced Study, University of London, UK.
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  • 59
    ISBN: 9783031471087
    Language: English
    Pages: 1 Online-Ressource(XII, 401 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Ius Gentium: Comparative Perspectives on Law and Justice 111
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Law
    Abstract: Part I: General Considerations and Classification of Enforcement Titles -- Enforcement Titles under Brussels I bis Regulation from National to EU Frameworks -- Enforcement titles in the EU: Common Core After All? -- Part II: Judgment -- Types of Judgments According to Different Criteria -- Is a Judgment Always a Judgment? A Dutch-Belgian Comparative Perspective -- Comparative View on the Divergence of Structure and Substance of Judgements -- Comparative Issues Concerning the Determination of Interest -- Part III: Effects of Judgments -- Effects of Judgments in Cross-Border Perspective -- Searching for Res Judicata at the Edges of National Procedural Autonomy -- The Effects of Judgments and Court Settlements in Cross-border Collective Redress and the Brussels I bis Regulation: Houston, We Have a Problem!.-Enforceability and Enforcement Appeals - Continental Law -- Pendency Rules -- Related Actions -- Provisional Measures with a Cross-Border Element: Their Issuance, Co-existence, Recognition, and Enforcement -- Part IV: Court Settlements and Authentic Instruments -- The European Dimension of Court Settlements: Open Issues and Regulatory Needs -- Authentic Instruments -- Part V: Other Cross-Border Considerations -- Due Process and Cross-Border Enforcement in Lithuania and Portugal -- Recognition and Enforcement of EU Enforcement Titles in Albania as ‘3rd Country’ and Vice-Versa.
    Abstract: This book examines the diversity of enforcement titles in cross-border debt collection, focusing on the types, structure, contents and effects of enforcement titles. It offers a comprehensive overview of judgments, court settlements and authentic instruments from a variety of EU Member States. It primarily employs the comparative legal method to draw conclusions on commonalities and differences, as well as prospects for future approximation of laws. The premise of the research is rooted in the finding that national authorities of EU Member States continue to treat enforcement titles from other Member States with reservations and mistrust despite being committed to the principle of mutual trust. The book identifies the issues of mistrust stemming from the diversity of enforcement titles. The research is based on a rich database of national reports compiled during the course of several large-scale EU Justice Projects. Divided into five parts, the book offers first some general considerations and presents attempts at a systemisation of enforcement titles. The following parts are then devoted to more specialised approaches toward the different types of enforcement titles. However, the connecting line between all parts of the book are the considerations of cross-border enforcement in the EU (and in a limited manner with third States). Herein, research also addresses critical factors regarding the free movement of judgments in the EU, including those of lis pendens and related actions. This book provides a valuable contribution to the Theory of European Civil Procedure. Since it is based on a comparative approach and employs both empirical and doctrinal viewpoints, it should also greatly benefit practitioners involved in cross-border dispute resolution. Overall, the findings should be of interest to a broad audience, including policymakers, judges, practitioners and scholars.
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  • 60
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    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031451171
    Language: English
    Pages: 1 Online-Ressource(XXI, 278 p.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Law ; Commercial law. ; Information technology ; Mass media
    Abstract: Chapter 1. Enactment, Scope of Application, and Enforcement of the Cartel Act -- Chapter 2. Agreements -- Chapter 3. Horizontal Agreements -- Chapter 4. Distribution Agreements and Vertical Restraints -- Chapter 5. Abusive Conduct by Dominant Undertakings and Undertakings with Relative Market Power -- Chapter 6. Merger Control -- Chapter 7. Sanctions, Leniency and Amicable Settlements.
    Abstract: This is the first comprehensive English-language overview of competition law enforcement in Switzerland since the introduction of direct sanctions in 2004. It discusses the key issues facing practitioners: horizontal and vertical agreements (with a particular emphasis on distribution agreements), abuse of dominance, and the newly introduced provisions on relative market power and merger control. It also provides an overview of the key procedural provisions, leniency and amicable settlements, and fines. The book subsequently analyses the main differences between Swiss and EU competition law and explains why, to what extent, and how companies should conduct a separate analysis under Swiss law. It offers a comprehensive overview and accessible analysis, based on in-depth research of case law, for practitioners and in-house counsels who need to ensure compliance with competition law on a Swiss, European or international basis. It is also a valuable guide for all practitioners, academics and students interested in understanding Swiss competition law. Enforcement of competition law in Switzerland has intensified and is becoming increasingly important for global companies selling in Switzerland. Moreover, the fines have increased over the last twenty years, and many foreign companies have had to pay substantial fines in recent years. Lastly, the Swiss Federal Supreme Court has now extended the extraterritorial application of Swiss competition law to foreign companies where sales to Switzerland are possible.
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    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031453991
    Language: English
    Pages: 1 Online-Ressource(VIII, 292 p.)
    Edition: 1st ed. 2023.
    Series Statement: Legal Studies in International, European and Comparative Criminal Law 9
    Parallel Title: Erscheint auch als The challenges of illegal trafficking in the Mediterranean Area
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law ; Criminal law ; Criminal law. ; Organized crime. ; Transnational crime. ; Aufsatzsammlung ; Mittelmeerraum ; Schmuggel ; Tabak ; Droge ; Kulturgut ; Menschenhandel ; Organhandel ; Organisiertes Verbrechen ; Gesetz
    Abstract: Introduction 1 The illicit trades of people and goods in the Mediterranean and the transnational criminal organizations -- Section I – Jurisdictional issues -- 2 Territorialising the extraterritorial: the role of “suppression” conventions -- 3 Adjudicative Jurisdiction for crimes at sea: an international law perspective -- 4 Coercive powers and jurisdiction on the high seas to combat human smuggling -- Section II – Migrant smuggling -- 5 Anti-smuggling penal policies: a cross-national exploration -- 6 Facilitation of irregular immigration vs. organised smuggling of migrants: is this dichotomy relevant to the interpretation of Italian criminal law? -- 7 Challenging the hostile environment for search and rescue at sea: reflections from the Sea Watch litigation -- Section III – Human trafficking and labour market -- 8 The Problems of trafficking in human beings in Spain. Criminal regulations and Jurisprudential treatment -- 9 Organised crime, illicit manpower brokerage and recent Italian legislation -- 10 International and domestic perspectives to combat gangmaster systems -- Section IV – Traffickings of goods and human organs -- 11 Soft drugs and organized crime: a problematic relationship -- 12 Trafficking in cultural property. An evolving international legal framework -- 13 The criminal policy on trafficking in cultural goods14 Trafficking in human organs – a Portuguese perspective.
    Abstract: The book deals with illicit trafficking in the Mediterranean, seen as a borderline issue between mobility and security under a strongly interdisciplinary approach. The opening part is dedicated to issues that transversally concern illegal trafficking: criminological, criminal law, criminal procedure, but also international law issues. This part presents a kind of general theory of illegal trafficking, showing its recurring aspects and identifying the legal and criminal-political issues that would be best addressed by a unified approach to the matter. The other parts are devoted to presenting, instead, a special part overview of illegal trafficking. The second and the third section are devoted, in particular, to illegal traffics having human beings as their objects. More specifically, the second part examines smuggling of migrants, which has a central - criminological and criminal-political - relevance among the illegal traffics taking place in the Mediterranean. The third part deals with the neighbouring theme of human trafficking, especially in its connection with the problem of labour exploitation. Finally, the fourth part focuses on some trafficking in goods, offering a selected and representative overview of some of the most significant forms that such trafficking can take: tobacco trafficking, drug trafficking and trafficking in cultural goods.
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  • 62
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031181191
    Language: English
    Pages: 1 Online-Ressource(XXVI, 387 p. 28 illus., 23 illus. in color.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
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    Keywords: Europe—History. ; Law—History. ; Criminology—History. ; Finance. ; History. ; World politics. ; Law ; Criminology ; Europe
    Abstract: Chapter 1. Introduction. “Tax predators” rather than “ tax havens”: new perspectives on the history of the international tax evasion and avoidance market (Sébastien Guex) -- Part I. Emergence and Expansion of Tax Havens -- Chapter 2. The Emergence and Expansion of Tax Havens, 1850-2000: Insights From a New Dataset (Sébastien Laffite).-Chapter 3. Emergence and Expansion of the Swiss Tax Haven: The Tax Privileges for Rich Foreigners in the Canton of Vaud, 1840-1959 (Vivien Ballenegger) -- Chapter 4. Emergence of, and Threats to, the Belgian Tax Haven during La Belle Epoque, 1890-1914 (Simon Watteyne) -- Chapter 5. The Oil Multinational Shell. A History of Tax Dodging via Tax Havens, Political Pressure and Other Ways, 1914-1974 (Tijn van Beurden) -- Chapter 6. Swedish Emigration to Switzerland in the 1960s-1980s Period: Tax Exile and Settlement Choices (Thibaud Giddey and Mikael Wendschlag) -- Chapter 7. The Rise of Tax Havens and Conduit Countries From the Early 2000s (Arjan Lejour) -- Chapter 8. Luxury Freeports as Purpose-Built Conduits for Tax Evasion, 1990-2020 ( Chloe Fyfe) -- Part II. Tax Evasion: Extent, Causes, and Conflicts -- Chapter 9. Income Tax Evasion and Avoidance in Germany, 1850-1920 (Marc Buggeln) -- Chapter 10. Volume, Social Distribution, and the Instrumentalisation of Tax Evasion in Switzerland: the Case of Zurich, 1860-1945 (Sylvain Praz) -- Chapter 11. War Profits and Tax Evasion. Italian Fiscal Policies in the First World War and After the War, 1915-1924 (Fabio Ecca) -- Chapter 12. Tax Compliance in a Crisis: Evidence from the Great Depression, 1929-1936 (Sacha Dray) -- Part III. Fighting Tax Evasion and Tax Havens -- Chapter 13. Criminalizing Tax Evasion in France, Early 19th century-2008 (Katia Weidenfeld) -- Chapter 14. “These Patriots who Misuse the Law”: The Background to the United Kingdom’s Anti-Tax Haven Legislation of 1936 (James Hollis) -- Chapter 15. Tax Evasion as Seen by French Tax Administrations from the 1920s to the 1970s: Pragmatism in Action (Béatrice Touchelay) -- Chapter 16. Detecting Ordinary Tax Evaders: the Example of the 1945 National Solidarity Tax in France (Isabelle Rabault-Mazières) -- Chapter 17. Tax Education After WWII: How Spain, the USA and West Germany Tried to Make Their Citizens Pay Honestly (Korinna Schönhärl, Nasrin Düll, Nadya Melina Ramírez Lugo).
    Abstract: “This book is a brilliant collection of case studies depicting an in-depth overview of the origins of tax evasion and tax havens in select countries in Europe during the nineteenth and twentieth centuries. It does an excellent job in enhancing our understanding of the history of tax havens and its link to capitalist globalisation.” —Aretha Campbell, author of Money Laundering, Terrorist Financing, and Tax Evasion (Palgrave, 2021) “This book is the very best in-depth historical study we have of tax evasion and tax havens, and the related development of modern states, over the period since globalisation gathered momentum in the late nineteenth century.” —W. Elliot Brownlee, Department of History, University of California, Santa Barbara This collective book offers a panorama of the history of tax evasion, tax avoidance and tax havens from the nineteenth century to the present day, based on the latest research in contemporary history. It aims to show that this phenomenon is at the heart of global capitalism, partly as a response of the ruling classes to the rise of progressive taxation, but for other reasons too: notably the development of a powerful tax evasion and avoidance industry in different countries. The book argues that tax competition between states has stimulated the development of tax havens. It discusses the notion of the ‘tax haven’ and proposes a more rigorous concept - that of the ‘tax predator’. Finally, the book sheds light on the socio-political conflicts that have developed around tax evasion and the way in which states have fought against or tolerated the phenomenon. Sébastien Guex is Full Professor of History at the University of Lausanne, Switzerland. His research interests lie in social, economic and political history, and he has studied public finance, taxes, and tax havens - in particular the Swiss tax haven. He is a member of the federal commission in charge of the publication of the Diplomatic Documents of Switzerland series. Finally, he is one of the founders, in 2002, of one of the most influential NGOs on tax policy at the international level, the Tax Justice Network (TJN). Hadrien Buclin is a part-time Lecturer at the University of Fribourg, Switzerland. He was also, in 2017-2019, a visiting research fellow at Paris 1 University. His research focuses on the social and political history of Switzerland in the twentieth century. He is the author of Les intellectuels de gauche: critique et consensus dans la Suisse d’après-guerre (1945-1968) (2019), as well as several scientific papers.
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  • 63
    ISBN: 9783031147814
    Language: English
    Pages: 1 Online-Ressource(XVI, 150 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Gender Perspectives in Law 1
    Parallel Title: Erscheint auch als
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    Keywords: Law—Philosophy. ; Law—History. ; Sex. ; Law ; Law
    Abstract: 1 Feminist Reconsideration of Political Theories -- 2 The Concept of Gender in Law -- 3 Critical Race Feminism: A Different Approach to Feminist Theory -- 4 Queer Legal Theory -- 5 Challenging Patriarchalism in the Family. Law Reform and Female Protest in 19th and 20th Century Europe -- 6 Adultery as a Crime in the Western World and Beyond: From a Man’s Property to (In)Fidelity, From Discrimination to Decriminalization.
    Abstract: This book raises awareness about gender perspective in political and legal theories and historical analysis. The impacts of feminist political and legal theories, as well as critical legal studies, have been embedded in all the papers in different ways and degrees. Differences among feminist political and legal ideas are visible in the different approaches. The ongoing issue of defining gender, for example, is a recurring theme in the texts. Some papers question the binary basis of the gender issue and the notion of gender as such, while others start from the binary dichotomy and attempt to expand the consideration towards a multi-dimensional understanding of gender identities. The main focus is on a feminist reconsideration of all relevant fields of legal knowledge. The primary aim is to demystify the seemingly neutral character of legal norms and legal knowledge and highlight the power relations at different layers, beginning with male and female legal subjects of Western heredity (in terms of culture, ethnicity, and race), then moving on to different needs and power relations among female persons of different races and classes, and finally addressing differentiating gender relations and identities beyond the framework of the women-men binary codification, i.e., also taking into consideration the multiple options of intersex, transgender, queering, etc. Taking seriously the issue of the “maleness” of political and legal theories is indeed a challenging and relevant endeavor for legal scholars. The male bias is present not only throughout history but also in the present, given that our “universal” categories of political and legal thought are still overburdened by unequal power relations. It is also important to open our minds and knowledge production for a gender-sensitive and gender-competent intersectional approach, which would also include various queer-, race- and class-based considerations. These tasks should be of interest not only to critical legal scholars but also all those belonging to mainstream legal and political thought.
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  • 64
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031196751
    Language: English
    Pages: 1 Online-Ressource(XV, 269 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Studies in Art, Heritage, Law and the Market 8
    Parallel Title: Erscheint auch als
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    Keywords: Law—Philosophy. ; Law—History. ; Humanitarian law. ; International law. ; Cultural property. ; Human rights. ; Peace. ; Law ; Law
    Abstract: Chapter 1: Where Conflict and Culture Connect -- Chapter 2: UNESCO’s Legal Obligation and Capability to Protect Cultural Heritage during Armed Conflict -- Chapter 3: The State Heritage Institutions of Yemen, Syria and Iraq -- Chapter 4: The Impact of Conflict on UNESCO’s Engagement with Yemen, Syria and Iraq -- Chapter 5: UNESCO’s Emergency Response “First-Aid” to Cultural Heritage Sites -- Chapter 6: UNESCO’s Reconstruction of Cultural Heritage Sites -- Chapter 7: Conclusions -- References -- Appendices.
    Abstract: This book aims to determine UNESCO's capability to facilitate heritage protection measures pre-conflict, emergency response measures during conflict and reconstruction efforts post-conflict. The book employs document analysis to ascertain UNESCO's legal obligations when it comes to facilitating cultural heritage protection in its Member States' territories in the condition of armed conflict, while drawing comparisons with the reality of the organisation's presence and involvement in Yemen, Syria and Iraq. This study maps shifts in UNESCO's level of communication with each country's respective government and civil authorities; allocation of financial, human and material resources; and implementation of heritage safeguarding and reconstruction initiatives. Both quantitative and qualitative data shows UNESCO to exhibit great inequity in engagement, at times, closing communications entirely with Syria, due to the political standpoints of other UNESCO Member States. This political gridlock is often shown to result in the organisation overstating its ability to safeguard or restore heritage, with promises not being followed up with action. Since 2015, UNESCO has expressed a stronger intent to be a key player in heritage protection during armed conflict, however as long as cultural heritage protection is not considered a humanitarian concern, UNESCO will not be able to circumvent much of the political and bureaucratic barriers facing intergovernmental organisations during conflict, which prevent emergency action from being implemented. In order to ensure heritage safeguarding is permitted during periods of significant unrest, regardless of political discord, it is crucial that UNESCO promote a people-centred approach to its cultural heritage protection initiatives. This book evidences that focusing on livelihoods and meaningful and practical connections between populations and their local heritage to be UNESCO's optimal methodological approach for justifying cultural heritage protection as a humanitarian necessity. The book's readership includes academics, researchers, and practitioners in the fields of political science, law and heritage studies.
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  • 65
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031148385
    Language: English
    Pages: 1 Online-Ressource(VII, 221 p. 12 illus.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Translating and interpreting. ; Multilingualism. ; Language and languages ; Law ; Law ; Linguistics.
    Abstract: 1. Setting the scene -- 2. Global & local strategies -- 3. Lexical features -- 4. Syntactic features -- 5. Modality -- 6. Legal rights -- 7. Contractual obligations -- 8. Torts -- 9. People & law -- 10. Crimes -- 11. Cybercrimes.
    Abstract: This is a coursebook designed for students of translation, which will also benefit professional translators as it covers key issues in contemporary legal translation. The book is divided into two main parts. The first, theoretical part, explores issues such as types of legal texts, readership, communicative purpose, global and local strategies, and modality in addition to analysing the common features of legal discourse in both languages, be they lexical, syntactic, or textual. The second, practical part, discusses issues such as legal rights, contractual obligations, torts, crimes, people and law. It focuses on all types of legal texts, regardless of their classification and examines legislative texts, which have acquired a certain degree of notoriety rarely equalled by any other variety of English. Ali Almanna is Associate Professor of Translation Studies at Hamad Bin Khalifa University, College of Humanities and Social Sciences, Qatar. He obtained his PhD in Translation Studies from the University of Durham, UK and his MA in Translation Studies from Westminster University, UK. In addition to many articles published in peer reviewed journals, he is author, editor and translator of several publications, including The Routledge Course in Translation Annotation (2016), Semantics for Translation Students (2016), The Nuts and Bolts of Arabic-English Translation (2018), The Arabic-English Translator as Photographer (2019), Re-Framing Realities through Translation (2020), and Translation as a Set of Frames (2021).
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  • 66
    Online Resource
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    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031308758
    Language: English
    Pages: 1 Online-Ressource(XVII, 200 p. 9 illus., 8 illus. in color.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
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    Keywords: Law—Philosophy. ; Law—History. ; Law and the social sciences. ; Law ; Law
    Abstract: Chapter 1. Societal Stress: Theory, Meaning, and Measurement -- Chapter 2. The Constitution and State Law on Interracial Marriage -- Chapter 3. Sex and Equal Rights Amendment -- Chapter 4. Same-Sex Marriage -- Chapter 5. Wrapping Up.
    Abstract: Societal Stress and Law draws attention to the social side effects of law by developing the sociological concept of society-level stress, a corollary of the concept of individual-level stress in the biological sciences. To encourage interest in societal stress, the book looks at (1) instances of law adopted by American states that the U.S. Supreme Court held unconstitutional and (2) actions by American states with regard to a proposal to amend the federal Constitution. The Court rulings and the proposed constitutional amendment were capable of producing societal stress because they were seen by a sizeable segment of the U.S. public as being incompatible with significant American traditions. In original studies that apply logistic regression to state-level statistical data, the book identifies sociological variables that predict state differences in the adoption of this law and state differences in actions on the proposed constitutional amendment. Because these variables represent societal agents that affected whether a state experienced social stress from the rulings and proposal, the book blends theory with empirical research and illustrates how each can support the other in law-focused scholarship.
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  • 67
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031343223
    Language: English
    Pages: 1 Online-Ressource(IX, 277 p.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
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    Keywords: Law—Philosophy. ; Law—History. ; International law. ; Human rights. ; Law ; Law
    Abstract: Introduction -- PART I SELF-DETERMINATION OF PEOPLES -- Phases and developments of the concept of the self- determination of the peoples -- The right holders of self-determination -- Practicing the right to self-determination.-Ways and modalities for realization of the self – determination -- PART II SECESSION -- The phenomenon of secession -- The dynamics of secession -- The legitimacy of the secession claims -- The emergence of a secessionist entity -- PART THREE: INTERNAL SELF-DETERMINATION -- The internal aspect of the right to self-determination -- The social base for realization of internal self-determination -- Tools and forms for the realization of internal self-determination -- Systems of power sharing -- Part IV CONCLUSIONS -- Self – determination revisited.
    Abstract: This book offers a comprehensive summary of extant international law scholarship on the topics of self-determination and secession and positions the concepts among present-day theory and relevant practice, illustrated through various ongoing cases and historical examples. The right to self-determination is among the least understood rights within international law. Theoretical dilemmas – as to whether there is a link between self-determination and secession – are nothing new. In essence, self-determination is a much broader concept than secession and obtaining independent statehood. Unilateral secession is not prohibited by international law, but neither is it per se welcomed or accepted in practice. Beyond the context of decolonization, secession claims have long been viewed with disapproval in international law, and lawyers have been extremely skeptical about the issue. Although this is still the case, there are also new trends and opportunities to explore situations in which secession can be accepted, legitimized, or even legally permissible. The yardstick for this is the diplomatic response to secessionism and the growing involvement of the international community in mediation and conflict resolution. Though finding solutions can be difficult, within the existing frame, the ongoing tension between the duty of every society to recognize pluralism and diversity on the one hand, and the inherent desire of every culture – whether majority, minority or indigenous – to protect its values and ensure conformity on the other, must be resolved. The practices and modalities that envisage the internal dimension of the right to self-determination as a right that is exercised within the state borders can offer such opportunities. The appropriate role of the state and the international community is to serve as mediators between competing forces and to set parameters that can transform destructive conflicts into productive political models.
    URL: Cover
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  • 68
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031316869
    Language: English
    Pages: 1 Online-Ressource(VI, 206 p. 45 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: Law, Governance and Technology Series 55
    Parallel Title: Erscheint auch als
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    Keywords: Information technology—Law and legislation. ; Mass media—Law and legislation. ; Law—Europe. ; Criminal law—International unification. ; Information technology ; Mass media ; Law ; Criminal law
    Abstract: Introduction: Setting the Scene on EIO and the Interaction between Law and Technology -- EU Legislation on EIO and Its Implementation in the Member States -- EU Initiatives on the Implementation of the EIO -- The Challenging Path towards the Establishment of the EU Legal Framework Regulating Cross-border Access to Digital Evidence -- Evidence Exchange under the EIO: Technological Challenges -- e-CODEX: A Secure Infra-structure for Cross-border Cooperation -- e-Evidence Digital Exchange System (eEDES) -- Evidence Exchange Standard Package: An Application CASE Ontology Complied for the Preparation of the Evidence Package and Its Exchange -- Legal Framework for Digital Evidence Following the Implementation of the EIO Directive: Status Quo, Challenges and Experiences in Member States -- Data Protection and European Investigation Orders -- Different Perspectives on EIO -- Training on EIO: Overview of Training Courses in the EU -- Training on EIO: TREIO Project.
    Abstract: In the era of globalisation, cross-border crimes are becoming increasingly common. The nature of these crimes is complex, and cross-border evidence exchange is, therefore, crucial to the successful prosecution of these offences. The exchange of evidence between countries can provide invaluable assistance in solving crimes that have an international dimension. The European Investigation Order (EIO) allows judicial authorities to request evidence more quickly and easily than via traditional instruments. The EIO has become the primary legal tool for gathering trans-border evidence, replacing the traditional Mutual Legal Assistance (MLA) conventions previously used. However, the EIO is not the only pertinent legal instrument for cross-border evidence gathering within the EU. Accordingly, professionals need a clear understanding of this subject. Exchanging evidence among judicial authorities in the EU Member States presupposes two essential components. First, there must be a secure communication channel. This is provided by e-CODEX, which offers a European digital infrastructure for secure cross-border communication in the field of justice. Recently (May 30th, 2022), the e-CODEX system became the digital backbone of EU judicial cooperation in civil and criminal matters on the basis of Regulation 2022/850. To achieve effective evidence exchange via EIO/MLA legal instruments, there must also be a communication tool. This is provided by the e-Evidence Digital Exchange System, which is capable of managing any EIO/MLA procedures/instruments, from the e-Forms (EIO Annexes) to the whole business logic, on the basis of the e-CODEX system. Finally, it is essential to use a uniform standard for the representation of evidence data and metadata, so as to streamline the process and make investigations more effective, in particular when it comes to complicated criminal cases where it is key to find either correlations among different cases or to extract multiple types of data from the same inspection. The importance of cross-border evidence exchange in criminal matters cannot be overstated. This book addresses all the above-mentioned aspects, offering an up-to-date overview of scenarios in cross-border judicial cooperation from both juridical and technical standpoints.
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  • 69
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031292279
    Language: English
    Pages: 1 Online-Ressource(XIX, 301 p.)
    Edition: 1st ed. 2023.
    Series Statement: European Union and its Neighbours in a Globalized World 9
    Parallel Title: Erscheint auch als
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    Keywords: Law—Europe. ; Criminal law—International unification. ; Human rights. ; Law ; Criminal law
    Abstract: Introduction -- Part I EU Enlargement and Stabilization Process in the Light of the Rule of Law and Solidarity Principles -- Stabilization of the Western Balkans and the Impact of the Rule of Law on the Prosecution of War Crimes in Kosovo: Some Reflections on the Kosovo Specialist Chambers and Specialist Prosecutor’s Office -- EU Civilian CSDP Missions and the Consolidation of the Rule of Law in the Western Balkans -- The Security Implications of Enlargement on EU Fundamentals -- Part II Solidarity and Rule of Law in Cross-Border Security, Migration and Asylum Management -- The Commission Tries Again to Reform the Dublin System: Much Ado about Nothing? -- Migration and the Janus Faces of Solidarity and the Rule of Law. Brief Remarks in Light of Recent Italian Experience -- The Impact of the EU Principle of Solidarity and the Rule of law on Criminal Aspects of the Migrant Crisis in the Republic of North Macedonia -- Solidarity and the Externalization of EU Migration and Asylum Security: A Dual Concept? -- Part III Solidarity and Rule of Law in Criminal Justice and Human Rights -- Breaches of the Rule of law in the EU: What Implications for the Principle of Mutual Trust in the Area of Freedom, Security and Justice? -- A Look Behind the Legal Scene: Philosophical Stakeholder Responses to Fundamental Human Rights -- The Rule of Law, Transnational Crimes, and the Human-Rights Based Approach in the European Union: The Court of Justice as Ultimate Guardian of the ‘Good’ Laws -- Environmental Solidarity and the Rule of Law in the EU System: Some Explanatory Reflections on Climate Justice Case-Law -- Part IV Solidarity and Rule of Law in Police and Judicial Cooperation -- Building on Core Strengths: Lessons from Justice Sector Reform in Albania -- Mutual Recognition in EU Judicial Criminal Cooperation and Its ‘Conditional Application’ to the European Investigation Order (EIO) under ECJ Case Law -- Albanian Judicial Cooperation with the European Union: A Support of the Implementation of the Constitutional Reform to Ensure a Functioning Democracy -- Afterword. The New Dimension of EU Security in a Transnational Justice and Governance System.
    Abstract: This book offers an authentic and original perspective on the principles of solidarity and rule of law that are variously interconnected and increasingly invoked in international relations and affairs, especially in the context of the European Union, where they are among the founding values common to all Member States. The innovative approach the authors adopt consists in the joint reading of these two principles within the broader framework of EU security, thus offering a new interpretation and fertile ground for further research. Divided into four parts, the authors consider EU security to be linked to the implementation of both these principles, particularly with regard to EU stabilization and enlargement to the Western Balkans, cross-border security, migration and asylum management, criminal justice and human rights, and police and judicial cooperation The contributions of eminent scholars, international experts, and practitioners are the book’s greatest strength. In addition, it offers a valuable new perspective on the study of contemporary issues affecting the Western Balkans, but also all Member States and the Union itself. Therefore, the book is an essential resource for students and scholars of EU law, but also for lawyers and professionals involved in criminal proceedings or working in the field of human rights.
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  • 70
    ISBN: 9783031415272
    Language: English
    Pages: 1 Online-Ressource(X, 342 p.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
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    Keywords: Environmental law, International. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Law ; Constitutional law. ; Human rights. ; Climatology.
    Abstract: NY State Courts -- How the U.S. courts have interpreted the relevance of the U.S. Constitution to environmental law -- The ECHR’s doctrine of legal standing in the era of modern environmental human rights -- Courts, the Environment, and the Irish Constitution -- The legal dimension of the environment in the European legal history -- The role of ECJ -- Administrative Courts and the Environment -- Judicial protection and the climate in the EU legal order in the context of Aarhus Convention -- Biodiversity Law before the Courts -- Climate change : what to ask to Courts” [cover the French administrative law cases "Affaire du Siècle" and "Grande Synthe" with very different approach (damage compensation vs action from State)] -- How German judges decide environmental cases -- Environmental law in the U.S. legal system -- EPA and the evolution of environmental administrative law -- The contribution of the courts to the interpretation of the WTO Government Procurement Agreement – a European Perspective -- The concept of the public interest in environmental law -- The courts as change agents in the evolution of environmental law -- Arbitrating climate change before Investor – State dispute settlement tribunal -- Climate litigation in the Italian legal order -- The Relationship between Criminal Courts and regulatory authorities in the Italian environmental law.
    Abstract: This book sheds light on the latest trends in environmental law by analyzing some of the main sectors of law, including administrative law, constitutional law, EU law, US Law, and human rights law. It explores the evolution of these sectors before courts and tribunals from a US-EU perspective and from the perspectives of some of the foremost academics and justices from the major jurisdictions. Supranational and national courts, both in Europe and in the US, have delivered significant environmental judgements in recent years. The corresponding case law reflects how, in many jurisdictions, environmental and climate litigation continues to expand exponentially as a tool to strengthen environmental protection, whether by pushing national governments to be more ambitious or by enforcing existing statutes and regulations. Courts, particularly after the Paris Agreement, are increasingly seeking their own role as an important player in multilevel environmental governance. Courts in both the US and EU are at the forefront of this process and their role in shaping environmental rule of law will be fundamental in the near future.
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  • 71
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031464355
    Language: English
    Pages: 1 Online-Ressource(X, 226 p.)
    Edition: 1st ed. 2023.
    Series Statement: Studies in the History of Law and Justice 28
    Parallel Title: Erscheint auch als
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    Keywords: Law ; Law
    Abstract: 1 Introduction -- 2 Contextualising Dorado Montero -- 3 Historical Background -- 4 Dorado Montero’s Foreign Influences -- 5 Dorado Montero’s Criminal Doctrine – The Protective Law of the Criminals -- 6 Locating Dorado Montero in Spanish Doctrine -- 7 Conclusions.
    Abstract: Pedro Dorado Montero was one of Spain’s most relevant authors. He contributed to modern Criminal law and Penology with a very unique theory: the Protective Law for Criminals. In a time when neoclassical penal theories and new positivist theories clashed, Dorado Montero’s proposal served as a bridge between the criminal law conceptions of the 19th and 20th centuries. In order to explore his role in the introduction of positivism within Spain and the subsequent success of this trend, this book addresses several aspects. The first three analyzed are his scholarly career, the historical and international context in which he lived, and the various European and other international influences he was exposed to. On this basis, two major points are then discussed. Firstly, Dorado Montero has been traditionally included within the movement known as correccionalismo. However, his legal-philosophical and criminal thought indicates otherwise. It seems to lie closer to positivism than to neoclassical positions. This research aims at challenging the accuracy of the ‘eclectic’ label which traditional historiography has applied to him. In turn, Dorado Montero described a reality in which every moral value and legal representation was a mere product of mankind’s imagination. Man is responsible for the elaboration of morals, law and culture in his own mind. Thus, for him, there were as many moral and legal orders as there were human beings on the planet. Such a claim is polemic even today. Unsurprisingly, the author received criticism from both neoclassical and positivist schools. Thus, the existence of a ‘Doradian positivism’ is explored. Despite the growing interest in these topics over the last few decades, Dorado Montero has somehow been overlooked – even though his Derecho protector de los criminales described the criminal law of the future as well, one that will have to face the new neurological, medical, psychological and genetic challenges of our time.
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    Online Resource
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    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031140921
    Language: English
    Pages: 1 Online-Ressource(XX, 242 p.)
    Edition: 1st ed. 2023.
    Series Statement: Gender Perspectives in Law 4
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law—Europe. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Identity politics. ; Sex. ; Law
    Abstract: Gender Issues in Private International Law -- The Reproduction of Gender Difference and Heteronormativity in Family Law -- Family Matters: Gender, Community and Personal Laws in India -- Compensation for Damages Suffered by Women Performing Unpaid Domestic Work -- The Best Interests of the Child and Gender Perspective -- Gender Perspective of Development of Labour Law -- Leading or Breeding; Looking Ahead – Gender Segregation in the Labour Market and the Equal Distribution of Family Responsibilities -- Legal Approaches to Protection Against Gender-Based Violence and Harassment at Work with a Particular Focus on the Situation in the Republic of North Macedonia -- Digital Work and Gender Equality -- Gender Discrimination: Procedural Issues Between Procedural Autonomy, EU Provisions and Effectiveness of Judicial Protection -- Gender Perspectives in Mediation.
    Abstract: This book discusses prominent and controversial gender-related issues across the fields of family law, tort law, labour law, civil procedure law, ADR and private international law. An important critical assumption made by the authors is that the gender equality perspective has been largely neglected in several branches of private law, since scholars researching the intersection between gender and legal studies are mostly focused on public law and human rights law. In light of that, the book contributes not only to the deconstruction of gender-blind private law, but also to the development of a gender-competent analysis of the key branches of private law, starting with private international law. Gender perspective in family law is analyzed on the basis of gendered and heteronormative operations of family law with reference to the formation of legally recognized relationships, the establishment of legal parenthood, the division of marital property after a divorce, and the arrangements for post-separation parenting. Also, regulation of family matters in Indian society and the gender equality perspective from the principle of the child’s best interest are considered. As far as tort law is concerned, the book addresses compensation for damages suffered by women performing unpaid household work. Further, it contains papers dedicated to the following labour law issues: the genesis of labor law and its capacity to contribute either to worsening gender inequality in the world of work or to promoting gender equality; gender segregation in the labour market and its connection to family-friendly policies in the European Union; sexual harassment at work; and the impact of work digitalization on gender-related labour law issues. Lastly, the authors analyze gender equality in civil procedural law, as well as in mediation as a tool for encouraging the peaceful settlement of disputes. The book is intended to improve awareness of the wide range of private law issues that are important for understanding the ways in which gender inequality shapes everyday experiences, while also presenting critical considerations of the key private law instruments for achieving gender equality.
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  • 73
    ISBN: 9783031249389
    Language: English
    Pages: 1 Online-Ressource (XIX, 280 p. 9 illus., 3 illus. in color.)
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Development economics. ; Economic development. ; Law. ; Developing economies ; Global economy ; Artificial intelligence ; Digital technology ; Globalization ; Law ; Regulation ; Political polarization ; Konferenzschrift
    Abstract: Chapter 1: Introduction -- Chapter 2: Property of the Social Media Data -- Chapter 3: “A Giant Glob of Oily Ambiguity”: On the Use of the Concept of Power in Economics -- Chapter 4: Temptation and Crime -- Chapter 5: Moral Costs of Corruption: A Review of the Literature -- Chapter 6: Reason-Giving and Rent-Seeking -- Chapter 7: Pandemic Preparedness and Response: Advancing Research, Development, and Ethical Distribution of New Treatments and Vaccines -- Chapter 8: Law and Industrial Policy in the Age of (de)Globalization: The Perspective of IP Protection -- Chapter 9: Neither Crime nor (much) Punishment: India’s Cartel Penalty Practices -- Chapter 10: Legal Challenges for Corporations in the 21st Century.
    Abstract: This book is a major stocktaking of law and economics in the context of developing and emerging economies, and in the light of the dramatic changes in the global economy that we have witnessed in recent years. The rise of artificial intelligence, digital technology, and mega platforms that collect data and facilitate trade is changing the landscape of economics. Rapid globalization has created new challenges for law and regulation, since increasingly contentious cases arise which span multiple countries and several legal jurisdictions. All these changes are giving rise to new problems in developing countries where many people lead precarious lives anyway, healthcare is minimal, and corruption widespread. Alongside these global developments, the discipline of law and economics is also undergoing profound changes, making us re-think some of the founding assumptions of the subject. Kaushik Basu is Professor of Economics and the Carl Marks Professor of International Studies in the Economics Department and the SC Johnson College of Business, Cornell University, USA. From 2012 to 2016 he was Chief Economist of the World Bank. Prior to that, from 2009 to 2012, he was Chief Economic Advisor to the Government of India. Educated at St. Stephen’s College, Delhi, and the London School of Economics, Basu has published extensively in development economics, game theory, welfare economics and industrial organization. His recent books include The Republic of Beliefs: A New Approach to Law and Economics (published in 2018) and Policymaker’s Journal: From New Delhi to Washington, D.C. (published in 2021). Ajit Mishra teaches at the University of Bath, UK. Educated at the Delhi School of Economics, he has been actively engaged in research and lecturing in development economics, public economics, and economic theory. He has taught at various institutions in India and the UK. He served as the Director of the Institute of Economic Growth, India. Besides papers in leading journals, he has edited two books: Economics of Corruption and Markets, Governance and Institutions. He is an Associate Editor of the Journal of Economic Behavior and Organization.
    Note: "This book is based on the IEA Roundtable on Law and Economic Development held on January 21-23, 2021 - hosted jointly by Cornell Research Academy of Development, Law, and Economics (CRADLE), University of Bath and the Institute of Economic Growth (IEG)." - Seite v
    URL: Cover
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  • 74
    ISBN: 9783031328596
    Language: English
    Pages: 1 Online-Ressource (XXXIV, 567 p. 1 illus.)
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Finance—Law and legislation. ; Law—Europe. ; Financial services industry. ; Finance ; Law ; Bank safety net ; Global Financial Crisis ; international financial standards ; Basel Committee on Banking Supervision ; Banking Union ; European Banking Regulation ; EU Banking Law
    Abstract: Part I: Theory Of Banking Regulation And International Financial Standards -- Chapter 1: The Case for Banking Regulation -- Chapter 2: Key Aspects of Public International Financial Law – International Financial Standards -- Chapter 3: Key Institutional Aspects of the International Financial Architecture and an Interim Assessment -- Part II: European Banking Regulation (Law): Definition, Evolution And Sources -- Chapter 4: Definition and Evolution up to the Creation of the Banking Union -- Chapter 5: Developments after the Establishment of the Banking Union -- Chapter 6: The Legislative Acts which constitute the Sources of EU Banking Law -- Part III: European Banking Regulation (Law): Key Institutional Elements -- Chapter 7: The European Banking Authority (EBA) and its (Significant) Role in the Law-Making Process -- Chapter 8: The Single Supervisory Mechanism (SSM) -- Chapter 9: The Single Resolution Mechanism (SRM).
    Abstract: In two volumes, this book covers in a comprehensive, internally balanced, systematic and detailed way the field of European Union (EU) banking law and regulation. In three parts, Volume 1 offers a brief introduction to the role of banks in the contemporary financial system and the theory of banking regulation, a thorough analysis of international financial standards which are contained in the sources of public international banking law (and of public international financial law, in general), a detailed presentation of the gradual evolution and the sources of EU banking law, as well as a precise analysis of the law-making process and the key institutional aspects of this branch of EU economic law. The standards and rules adopted and the institutions created in the aftermath of the (2007-2009) global financial crisis and the subsequent euro area fiscal crisis, as well as during the current pandemic crisis are discussed, as appropriate. A detailed analysis of the substantive aspects of EU banking law will follow in Volume 2. Christos V. Gortsos is Professor of Public Economic Law at the Law School of the National and Kapodistrian University of Athens, Greece. He is also, inter alia, Vice-President of the Board of Appeal of the European Supervisory Authorities (ESAs); Member of the European Parliament’s expert group on banking resolution; President of the Academic Board of the European Banking Institute; Research Partner in the University Research Priority Program “Financial Regulation” of the University of Zürich; as well as Member and Academic Coordinator of the Committee on International Monetary Law of the International Law Association (MOCOMILA). With his interests revolving around international and EU monetary and financial law, financial market regulation, central banking law and institutional economics, Christos was granted the Fernand Braudel Senior Fellowship (2017-18) at the European University Institute in Florence, Italy. During the current Academic Year (2022-23) he is Visiting Scholar at the Faculty of Law of the University of Zürich and Senior Fellow at the Collegium Helveticum in Zürich.
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  • 75
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031217142
    Language: English
    Pages: 1 Online-Ressource(XIV, 353 p. 10 illus., 4 illus. in color.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: United States—History. ; Medicine—History. ; Law—History. ; Social history. ; World politics. ; Race. ; United States ; Law ; Medicine
    Abstract: Chapter 1.Introduction -- Chapter 2.“Friendless and Homeless:” The Gold Rush to 1870 -- Chapter 3. “A Sin and a Shame:” Regional Institutional Development in the Late 19th Century -- Chapter 4. “Helpless and Delinquent”: The Los Angeles Psychopathic Association -- Chapter 5. “The Thankless Task:” Parole, Eugenics; and the Institutionalization of the Addicted -- Chapter 6. “Their Responsibility:” From the Great Depression to the Birth of the Community Clinic -- Chapter 7. “To Promote Mental Health:” The Bureaucracy of Disability at Midcentury -- Chapter 8. “Whistling in the Dark:” California’s Politics of Disability Transformed -- Chapter 9. California after the Lanterman-Petris-Short Act -- Conclusion.
    Abstract: This book explores the political, legal, medical, and social battles that led to the widespread institutionalization of Californians with disabilities from the gold rush to the 1970s. By the early twentieth century, most American states had specialized facilities dedicated to both the care and the control of individuals with disabilities. Institutions reflect the lived historical experience of many Americans with disabilities in this era. Yet we know relatively little about how such state institutions fit into specific regional, state, or local contexts west of the Mississippi River; how those contexts shaped how institutions evolved over time; or how regional institutions fit into the USA’s contentious history of care and control of Americans with mental and developmental disabilities. This book examines how medical, social, and political arguments that individuals with disabilities needed to be institutionalized became enshrined in state law in California through the creation of a “bureaucracy of disability.” Using Los Angeles County as a case study, the book also considers how the friction between state and county policy in turn influenced the treatment of individuals within such facilities. Furthermore, the book tracks how the mission and methods of such institutions evolved over time, culminating in the 1960s with the birth of the disability rights movement and the complete rewriting of California’s laws on the treatment and rights of Californians with disabilities. This book is a must-read for those interested in the history of California and the American West and for anyone interested in how the intersections of disability, politics, and activism shaped our historical understanding of life for Americans with disabilities. Eileen V. Wallis is Professor of History at California Polytechnic State University, Pomona, in Pomona, California, USA. Her research focus is the late nineteenth- and early twentieth-century American West, with a focus on California. She is particularly interested in the intersections of race, gender, disability, and class, and the ways in which those variables interacted with structures of power during the Progressive era. .
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  • 76
    ISBN: 9783031414756
    Language: English
    Pages: 1 Online-Ressource(XXVIII, 237 p.)
    Edition: 1st ed. 2023.
    Series Statement: Springer Studies in Law & Geoeconomics 1
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International law. ; Trade regulation. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law). ; Law ; International economic relations.
    Abstract: Balancing Risks: Investment Screening Mechanisms, Essential Security Definitions, and Standards of Evidence -- The Evolving Landscape of Sovereign Wealth Funds in a Changing World Economy: How Resilient are the Santiago Principles? -- Much Ado about Nothing?: State-Owned Enterprises under Foreign Investment Control in the European Union -- Protection or Protectionism? Assessing the EU’s New Investment Screening Measures Against State-Driven Foreign Investment Risks -- The Concept of Security: Brief Genealogy of an Ambiguous Symbol -- Screening FDI In The EU: A Cornerstone of an Economic Security Agenda -- The National Securitization of Foreign Direct Investment: A Strategic Futures Paradigm -- Economic Perspectives on FDI and Investment Screening -- From Principal Openness Towards Reciprocity: Reorienting the Normative Foundation of the EU Investment Screening Practice in Light of Geoeconomic Competition -- Inward FDI Regulation in the UK: Closing the “Open Door”? -- The EU Foreign Subsidies Regulation: The Final Piece of the Regulatory Puzzle to Ensure Competitive Neutrality in Cross-Border M&A? -- Fair Play? The Politics of Evaluating Foreign Subsidies in the European Union.
    Abstract: This highly topical volume presents pioneering research for the purpose of developing a common analytical foundation and framework for the emerging interdisciplinary research field of investment control. Long considered as exceptional measures, restrictions on inward foreign direct investments (FDI) have become ever more common and accepted. This book presents different perspectives on how decision-makers go about the tasks of assessing risks and threats to national security that may be posed by FDI and then balancing those risks and threats against economic interests of parties concerned and society at large.
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  • 77
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031128332
    Language: English
    Pages: 1 Online-Ressource(XXII, 625 p. 8 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Palgrave Modern Legal History
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law—History. ; Great Britain—History. ; History, Modern. ; Archaeology. ; Cultural property. ; Great Britain ; Law
    Abstract: 1. Treasure Trove: Dream and Metaphor -- 2. ‘That Dark Permanence of Ancient Forms’ -- 3. Treasure Trove in Early Victorian Ireland and Scotland -- 4. Conversaziones -- 5. Of Angels and Half-Angels -- 6. The View from the Gloriette I -- 7. The View from the Gloriette II -- 8. The Royal Rummager of Dustbins: Scotland, 1859-2003 -- 9. ‘Archaeological Objects’: Ireland, 1860-2014; Northern Ireland, 1921-97 -- 10. ‘Finding is the First Act’.
    Abstract: This book examines treasure law and practice from the rise of the new science of archaeology in the early Victorian period to the present day. Drawing on largely-unexamined state records and other archives, the book covers several legal jurisdictions: England and Wales, Scotland, Ireland pre- and post-independence, and post-partition Northern Ireland. From the Mold gold cape (1833) to the Broighter hoard (1896), from Sutton Hoo (1939) to the Galloway hoard (2014), the law of treasure trove, and the Treasure Act 1996, are considered through the prism of notable archaeological discoveries, and from the perspectives of finders, landowners, archaeologists, museum professionals, collectors, the state, and the public. Literally and metaphorically, treasure law is revealed as a ground-breaking chapter in the history of the legal protection of cultural property and cultural heritage in Britain and Ireland. “Norma Dawson was Professor of Law at Queen’s University Belfast (QUB), UK from 1995 to 2019. She is Professor Emeritus at (QUB), an honorary Bencher of the Inn of Court (N.I.), Honorary Professor at the University of Edinburgh, and a past president of the Irish Legal History Society.”.
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  • 78
    ISBN: 9783031294327
    Language: English
    Pages: 1 Online-Ressource(XII, 216 p.)
    Edition: 1st ed. 2023.
    Series Statement: Balkan Yearbook of European and International Law 2022
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law—Europe. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Domestic relations. ; Law
    Abstract: 1. Portugal and Iceland: Foreign policy constructed by smallness? -- 2. Portugal, the European Union and Shelter Theory -- 3. A Reluctant European: Iceland and European integration -- 4. Portugal and NATO: enduring alliance or necessary shelter? -- 5. The Small State and the Superpower: Iceland’s Relations with the United States -- 6. Iceland´s Relations with the Nordic States -- 7. Portugal’s contemporary relations with Africa: a limited shelter? -- 8. Sino-Icelandic Relations -- 9. The many shades of shelter: Portugal and Iceland´s quest for political, economic and societal shelter.
    Abstract: The fourth volume of the Balkan Yearbook of European and International Law (BYEIL) presents nine new articles offering scholarly insights into a variety of legal issues, with a special focus on the countries of Southeast Europe. All six articles in the special section reflect the authors’ efforts to untangle difficult questions concerning family property in private international law. Addressing a range of topics, leading national experts in the respective areas discuss Bosnian and Herzegovinian, Croatian, Greek, Lithuanian and Turkish law. In turn, the general sections on European law and international law include three articles on diverse topics in private and public law, from a fresh take on the legal and practical effects of Brexit over EUTMs, and the legal nature of cryptocurrencies in different jurisdictions, to difficulties establishing the rule of law in Bosnia and Herzegovina.
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  • 79
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031314551
    Language: English
    Pages: 1 Online-Ressource(IX, 118 p. 4 illus., 2 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: Palgrave's Critical Policing Studies
    Parallel Title: Erscheint auch als Phippen, Andy Policing teen sexting
    Parallel Title: Erscheint auch als
    Keywords: Law—Europe. ; Criminal law—International unification. ; Youth—Social life and customs. ; Criminology. ; Crime. ; Technology. ; Juvenile delinquents. ; Victims of crimes. ; Law ; Criminal law ; Youth ; Sexting - Law and legislation ; England ; Wales ; Handy ; Sexualität ; Sexualisierte Gewalt ; Jugendlicher Täter ; Verbrechensopfer ; Kriminalpolitik ; Recht
    Abstract: 1. Introduction -- 2. Teen Sexting – A Modern, Cultural Phenomenon? Or not so new? -- 3 .Legal Challenges -- 4. Understanding the Police Response: Putting Sticking Plasters Over Legislation -- 5. The Challenges of Diversionary Intervention -- 6. A Progressive Future?
    Abstract: “The digital transmission of words and images is immediate and unbounded. This creates new freedoms but also new risks. In this important review of ‘where we are’, Phippen and Bond set out principles for harm reduction, weigh the balance of rights and law, and remind us that they shouldn’t have had to write this book! This is a major contribution to work on safeguarding, sexting and victimization.” -Nigel South, Emeritus Professor of Sociology, University of Essex, UK This book explores the policing response to teen sexting – the digital exchange, both consensual and non-consensual, of intimate images among youth peers. With a particular focus in England and Wales, it also considers other international responses and the challenges faced in policing youth practices with legislation being applied beyond its intended scope. It uses the police responses in England and Wales as a case study of the challenges of policy evolving the digital cultural phenomenon and the tensions between enforcing the law, while knowing it’s not fit for purpose, and supporting vulnerable minors. It explores the policy responses that have developed from the problematic legislation and whether these policy interventions have helped or hindered the policing process. It draws in parallels with drugs policy and policing, and brings in progressive, harm reduction approaches in contrast to traditional solutions. Andy Phippen is Professor of Digital Rights at Bournemouth University, UK. Emma Bond is Pro-vice Chancellor (Research) and Professor of Sociotechnical Studies at the University of Suffolk, UK.
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  • 80
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031328220
    Language: English
    Pages: 1 Online-Ressource(XV, 636 p. 9 illus., 6 illus. in color.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law—Europe. ; Europe—Politics and government. ; Social legislation. ; Civil rights. ; European communities. ; Political planning. ; Europe ; Law
    Abstract: Chapter 1: Basic and fundamental principles in European social law -- Chapter 2: Enforcement in social law -- Chapter 3: The future in the light of the past -- Chapter 4: The impact of regionalisation.
    Abstract: This is the conference book for the XIV European Regional Congress of the International Society for Labour and Social Security Law, dedicated to the interactions between social law and other areas of law. In recent years, labour law and social security law have been subject to various reforms and developments. Social law is however not an isolated domain but rather interacts with other fields, often even functioning as a guide or giving direction to those lost at sea. In other words: serving as a lighthouse. The key aspect addressed in this book is the existence of a connection between social law sensu stricto (labour law and social security law) and other areas of law. Pursuing an inter- and multidisciplinary approach, it gathers contributions on topical and challenging issues in four broad areas: 1. Basic and fundamental principles of European social law 2. The future in the light of the past 3. The impact of regionalisation 4. Enforcement in social law In turn, various developments can be identified in connection with these topics: the emergence of social criminal law is creating new overlaps between social and criminal law; the growing number of administrative law sanctions offers new insights into and connections between social security law and administrative law; the increasing similarity of employment in the public and private sectors raises questions about the applicability of administrative law in labour law relations; the relation between the ECHR and the articles of the Constitution opens up new perspectives on the constitutional interpretation of freedoms and on the interaction between human rights, constitutional law and social law; and lastly, there is a growing influence of EU law and international treaty law (concerning trade) on social law. Can we, by looking at these developments, draw certain conclusions at a different and innovative level? The contributions were selected by an international working group of distinguished scholars from across Europe.
    URL: Cover
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  • 81
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031355530
    Language: English
    Pages: 1 Online-Ressource(VII, 135 p.)
    Edition: 1st ed. 2023.
    Series Statement: Studies in the History of Law and Justice 26
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law ; Law ; Political science
    Abstract: Introduction: Teaching Under Unusal Circumstances -- Dante Alighieri, Hans Kelsen, and the Principium Unitatis -- Niccolò Machiavelli and Efficacy -- Gerolamo Cardano and Italian “Realism” -- Efficacy in the Italian Tradition: from Giovanni Della Casa to Giovanni Nevizzano -- Paradoxes of Equality: Giambattista Vico -- Cesare Beccaria and the Narrative of Neutral Equality -- Equality and Vulnerability in The Duties of Man: Giuseppe Mazzini -- Social Pluralism, Efficacy & Equality – Rethinking The Legal Order by Santi Romano -- From Emilio Salgari to Cesare Lombroso – Racism and Law in Italy: Situated Vulnerability -- The Limits of Law and Arturo Carlo Jemolo’s Islands -- The Italian “Braibanti Affaire”: a Tale of Two Vulnerabilities -- We, the People: Of Poets and Priests. Pasolini’s Very Hard Poem.
    Abstract: One of the main goals of this book is to determine if, in the works of some of the key authors in the history of Italian political philosophy, a notion of “efficacy” can be found. In legal philosophy, “efficacy” is the capacity a norm has to effectively influence citizens’ behavior. The “principle of efficacy” is that according to which an order or rule exists as such when it is followed effectively in practice. Here by “efficacy” I mean the idea that normative phenomena are self-justifying, without reference to extrinsic systems of value (such as “natural law”). The examinations of several texts undertaken here constitute reflections on this theme, without any claim to systematicity. They have been grouped together, roughly in historical order, by their common respect for the contexts within which they reason and reach decisions, which lends them a characteristic flavor of harsh realism that at times relies on a minimalist use of traditional normative categories. The second theme that emerges through the respective chapters (each of which constitutes the text for a lesson in a course for Ph.D. students) is that of the relationship between “equality” and “vulnerability.” Here the idea is to elaborate a concept of “vulnerability” that is not underpinned by what we in Italy call an “anthropology,” that is, a fixed notion of human nature. Instead this concept should be comprehensible and graspable solely on the basis of the recognition of decisions and actions that are merely “efficacious,” that function “for what they are, and what they do.” This recognition doesn’t even need to be explicitly articulated by these authors with any specific, deliberately conscious awareness. The goal is not to identify a precise tradition of thought, one which elaborates a given line of reflection, but rather to highlight certain “themes” that emerge in the texts examined, even as the authors write with and for their own specific, contingent set of motives, which differ from time to time and place to place. These authors include some who are widely known, such as Dante, Machiavelli, and Beccaria. At times they are figures who typify certain key historical episodes, such as the Risorgimento (Giuseppe Mazzini) or Fascism (Cesare Lombroso and Santi Romano), while others reflect certain aspects of a contemporary debate (Pasolini and the “Braibanti affair”). The book is based on lectures given for a 2021 Ph.D. Course at the University of California, Berkeley’s Department of Italian Studies.
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  • 82
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031438684
    Language: English
    Pages: 1 Online-Ressource(VI, 161 p.)
    Edition: 1st ed. 2023.
    Series Statement: Law and Philosophy Library 143
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law ; Law
    Abstract: 1. Introduction -- 2. Conceptual Analysis -- 3. The Problem of Legal Authority -- 4. The Function of Law -- 5. Normative Legal Positivism -- 6. Conclusion.
    Abstract: Legal Positivism has been the dominant school of legal philosophy for much of the last century, despite its many critics. Its central tenet has long been that there is no necessary connection between law and morality. This book provides a broad but clear and jargon-free account of the central objections to the theory and why those objections are sufficient to show that legal positivism is no longer tenable. This includes a broad critique of the purported distinction method of legal positivism, the idea of ‘conceptual analysis,’ as well as a detailed assessment of the most influential of all legal positivist theories, that of H.L.A. Hart. The book also provides a defense of the natural law school, which holds in contrast to legal positivism that the authority of law arises from its intrinsic connection to morality. The author demonstrates that most of the criticism of the natural law school arises from a caricatured account of that doctrine, for instance the idea that it requires substantive theological commitments or particular conceptions of human nature. In contrast, the author presents an account of natural law theory that is grounded in a commitment to moral truth, but not to any theological beliefs. The nature of law can only be understood in terms of its moral function, to provide a clear set of moral rules that are required for a society to function effectively.
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  • 83
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031466670
    Language: English
    Pages: 1 Online-Ressource(IX, 192 p.)
    Edition: 1st ed. 2023.
    Series Statement: Studies in the History of Law and Justice 29
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law ; Law ; Human rights.
    Abstract: From the present to the past of human rights: From human rights to natural rights -- Looking backwards on the notion of human dignity: From the Spanish 1978 Constitution to the discovery of America -- Looking forwards to the future of dignity and human rights: New generation rights.
    Abstract: The book describes in a retrospective way how dignity and human rights evolved. In doing so, the book is divided in three parts: human rights from present to early modern age, human dignity from present to Early modern age and dignity and human rights from present to future. The book has been written in a way that might me appealing to graduate students, postgraduate students, researchers and even laymen who are interested in the making of dignity and human rights in the Western.
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  • 84
    ISBN: 9783031142246
    Language: English
    Pages: 1 Online-Ressource (XIII, 187 p. 1 illus)
    Edition: 1st ed. 2023
    Series Statement: Research for Policy, Studies by the Netherlands Council for Government Policy
    Parallel Title: Printed edition
    Parallel Title: Printed edition
    Parallel Title: Printed edition
    DDC: 304.8
    Keywords: Emigration and immigration ; Demography ; Political science—Philosophy ; Social structure ; Equality ; Political science ; Sociology
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  • 85
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Imprint: Springer
    ISBN: 9783031125034
    Language: English
    Pages: 1 Online-Ressource (XVIII, 239 p. 1 illus)
    Edition: 1st ed. 2023
    Series Statement: IMISCOE Research Series
    Parallel Title: Printed edition
    Parallel Title: Printed edition
    Parallel Title: Printed edition
    DDC: 304.8
    Keywords: Emigration and immigration ; Emigration and immigration—Government policy
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  • 86
    ISBN: 9783031239960
    Language: English
    Pages: 1 Online-Ressource (VIII, 258 p. 1 illus)
    Edition: 1st ed. 2023
    Series Statement: IMISCOE Research Series
    Parallel Title: Printed edition
    Parallel Title: Printed edition
    Parallel Title: Printed edition
    DDC: 304.8
    Keywords: Emigration and immigration ; Emigration and immigration—Government policy ; Emigration and immigration—Social aspects
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  • 87
    ISBN: 9783031273667
    Language: English
    Pages: 1 Online-Ressource (XVII, 160 p. 1 illus)
    Edition: 1st ed. 2023
    Series Statement: IMISCOE Research Series
    Parallel Title: Printed edition
    Parallel Title: Printed edition
    Parallel Title: Printed edition
    DDC: 304.8
    Keywords: Emigration and immigration ; Emigration and immigration—Government policy ; Emigration and immigration—Social aspects
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  • 88
    ISBN: 9783031172113
    Language: English
    Pages: 1 Online-Ressource (XI, 183 p)
    Edition: 1st ed. 2023
    Series Statement: Palgrave Macmillan Studies in Family and Intimate Life
    Parallel Title: Printed edition
    Parallel Title: Printed edition
    Parallel Title: Printed edition
    DDC: 305.2
    Keywords: Sociology ; Social groups ; Sex ; Emigration and immigration ; Fertility, Human ; Literature ; Culture—Study and teaching ; Aufsatzsammlung
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  • 89
    ISBN: 9783031192463
    Language: English
    Pages: 1 Online-Ressource (XI, 116 p. 5 illus., 4 illus. in color)
    Edition: 1st ed. 2023
    Series Statement: Migration, Diasporas and Citizenship
    Parallel Title: Printed edition
    Parallel Title: Printed edition
    DDC: 304.82
    Keywords: Emigration and immigration—Social aspects ; Political sociology ; Elections ; Emigration and immigration
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  • 90
    ISBN: 9783031249747
    Language: English
    Pages: 1 Online-Ressource (X, 225 p. 1 illus)
    Edition: 1st ed. 2023
    Series Statement: IMISCOE Research Series
    Parallel Title: Printed edition
    Parallel Title: Printed edition
    Parallel Title: Printed edition
    DDC: 304.8
    Keywords: Emigration and immigration ; Emigration and immigration—Government policy ; Emigration and immigration—Social aspects
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  • 91
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Springer International Publishing AG
    ISBN: 9783031260025 , 3031260023
    Language: English
    Pages: 1 Online-Ressource (XII, 340 Seiten) , 1 illus.
    Edition: 1st ed. 2023
    Series Statement: IMISCOE Research Series
    Parallel Title: Erscheint auch als Migration Control Logics and Strategies in Europe
    DDC: 304.8
    Keywords: Emigration and immigration ; Emigration and immigration—Government policy ; Emigration and immigration—Social aspects ; Human Migration ; Migration Policy ; Sociology of Migration
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  • 92
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Springer International Publishing AG
    ISBN: 9783031307669 , 3031307666
    Language: English
    Pages: 1 Online-Ressource (XI, 122 Seiten) , 1 illus.
    Edition: 1st ed. 2023
    Series Statement: IMISCOE Research Series
    Parallel Title: Erscheint auch als Nordin, Magdalena Migration and Religion
    DDC: 304.8
    Keywords: Emigration and immigration ; Religion and sociology ; Human Migration ; Sociology of Religion
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  • 93
    ISBN: 9783031257261
    Language: English
    Pages: 1 Online-Ressource (XIV, 213 p. 1 illus)
    Edition: 1st ed. 2023
    Series Statement: IMISCOE Research Series
    Parallel Title: Printed edition
    Parallel Title: Printed edition
    Parallel Title: Printed edition
    DDC: 304.8
    Keywords: Emigration and immigration ; Emigration and immigration—Government policy ; Emigration and immigration—Social aspects
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  • 94
    ISBN: 9783031140099
    Language: English
    Pages: 1 Online-Ressource (XIII, 231 p. 1 illus)
    Edition: 1st ed. 2023
    Series Statement: IMISCOE Research Series
    Parallel Title: Printed edition
    Parallel Title: Printed edition
    Parallel Title: Printed edition
    DDC: 304.8
    Keywords: Emigration and immigration ; Labor economics ; Population—Economic aspects ; Emigration and immigration—Social aspects ; Industrial sociology
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  • 95
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Imprint: Palgrave Macmillan
    ISBN: 9783031070952
    Language: English
    Pages: 1 Online-Ressource (XIII, 149 p)
    Edition: 1st ed. 2023
    Parallel Title: Printed edition
    Parallel Title: Printed edition
    Parallel Title: Printed edition
    DDC: 304.8
    Keywords: Emigration and immigration ; Emigration and immigration—Social aspects ; Ethnology—Europe ; Culture ; International relations
    URL: Volltext  (URL des Erstveröffentlichers)
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  • 96
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Imprint: Springer
    ISBN: 9783031257483
    Language: English
    Pages: 1 Online-Ressource (XVI, 232 p. 1 illus)
    Edition: 1st ed. 2023
    Series Statement: IMISCOE Research Series
    Parallel Title: Printed edition
    Parallel Title: Printed edition
    Parallel Title: Printed edition
    DDC: 304.8
    Keywords: Emigration and immigration ; Human rights ; Asia—Politics and government
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  • 97
    ISBN: 9783031282843 , 3031282841
    Language: English
    Pages: 1 Online-Ressource (XIX, 218 Seiten) , 1 illus.
    Edition: 1st ed. 2023
    Series Statement: IMISCOE Research Series
    Parallel Title: Erscheint auch als Mobilities in Life and Death
    DDC: 304.8
    Keywords: Emigration and immigration ; Emigration and immigration—Government policy ; Emigration and immigration—Social aspects ; Human Migration ; Migration Policy ; Sociology of Migration
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  • 98
    ISBN: 9783031377594 , 3031377591
    Language: English
    Pages: 1 Online-Ressource (XIV, 161 Seiten) , 54 illus., 53 illus. in color.
    Edition: 1st ed. 2023
    Series Statement: SpringerBriefs in Population Studies
    Parallel Title: Erscheint auch als Doignon, Yoann Population Dynamics in the Mediterranean
    DDC: 304.6
    Keywords: Demography ; Population ; Population Economic aspects ; Emigration and immigration ; Age distribution (Demography) ; Fertility, Human ; Population and Demography ; Population Economics ; Human Migration ; Aging Population ; Fertility
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  • 99
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031313035
    Language: English
    Pages: 1 Online-Ressource(XVII, 236 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Recovering Political Philosophy
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Political science—Philosophy. ; Law—Philosophy. ; Law—History. ; Political science. ; Political science ; Law ; Law
    Abstract: Chapter 1. Reverence and the Politics of Authority -- Chapter 2. Plato’s Laws and the Enigma of Godlikeness -- Chapter 3. Classical Utopianism in Plato’s Laws -- Chapter 4. The Athenian’s Rehabilitation of Tragedy -- Chapter 5. Reverence and the Disunity of Political Virtue -- Chapter 6. Epilogue.
    Abstract: “The Reverent City is among the best studies of Plato’s Laws. Ballingall argues convincingly that reverence or awe plays a far greater role in classical political thought than is ordinarily understood.” —Mark Lutz, Director, Society for Greek Political Thought and Associate Professor of Political Science, University of Nevada, Las Vegas, USA “A subtle and penetrating interpreter of Plato, Ballingall shows that Plato’s Laws has important lessons to teach our irreverent age. This is a book for serious students of Plato, but also for those concerned about the drift of our politics away from all things respectful and reverent.” –Devin Stauffer, Professor and Associate Chair, Department of Government, University of Texas at Austin, USA “Ballingall’s astute study of Plato’s Laws addresses the puzzles and covers all the aspects of reverence while offering a thoughtful tribute to this unlikely friend of reason.” –Harvey C. Mansfield, Kenan Professor of Government, Harvard University, USA This book offers an original interpretation of Plato’s Laws and a new account of its enduring importance. Ballingall argues that the republican regime conceived in the Laws is built on "reverence," an archaic virtue governing emotions of self-assessment—particularly awe and shame. Ballingall demonstrates how learning to feel these emotions in the right way, at the right time, and for the right things is the necessary basis for the rule of law conceived in the dialogue. The Laws remains surprisingly neglected in the scholarly literature, although this is changing. The cynical populisms haunting liberal democracies are focusing new attention on the “characterological” basis of constitutional government and Plato’s Laws remains an indispensable resource on this question, especially when we attend to the theme of reverence at its core. Robert Ballingall is Assistant Professor of Political Science at the University of Maine, USA. Previously, he was a postdoctoral fellow in the Program on Constitutional Government at Harvard University and Allan Bloom Memorial Postdoctoral Fellow for Research in Classical Political Thought at the University of Toronto, where he also earned his PhD.
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  • 100
    ISBN: 9783031312649
    Language: English
    Pages: 1 Online-Ressource(XVI, 222 p. 20 illus., 19 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: Palgrave Studies in European Political Sociology
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Europe—Politics and government. ; Emigration and immigration—Government policy. ; Emigration and immigration—Social aspects. ; Political sociology. ; Human rights. ; Europe ; Emigration and immigration ; Emigration and immigration
    Abstract: Chapter 1: European Societies, EU Politics and Social In/Exclusions of minorities -- Chapter 2: Euro-/Refugee-/Security/Fragmentation/Environment/Corona-Crises: the new Europeanized ‘normal’? -- Chapter 3: Identity Politics, Political Mobilization and Social In/Exclusions -- Chapter 4: The politics of in/exclusion in the EU: Gender and sexuality minorities -- Chapter 5: Political Mobilizations regarding gender & LGBT+: Spain, Sweden, Germany and Poland -- Chapter 6: The politics of in/exclusion in the EU: refugees and migrants’ -- Chapter 7: Political Mobilizations regarding refugees and migrants: Spain, Sweden, Germany and Poland -- Chapter 8: Conclusion: Social In/Exclusions of minorities in an uncertain European future.
    Abstract: “Moving beyond a market-centric paradigm of social in/exclusion, this book critically interrogates the push/pull socio-political factors by which marginalised groups are simultaneously included and excluded across the EU. This sensitive and thought-provoking account highlights the progress being made, the obstacles that remain, and the need for all EU students to rethink conceptualisations and understandings of equality.” –Paul Copeland, School of Politics and International Relations, Queen Mary University of London, UK This volume provides an updated analysis of the most significant constitutive aspects for the political sociology of the EU. It examines in detail how civic and political activism regarding the inclusion and integration of gender and sexual minorities, as well as migrants and refugees, have become substantial forces in Europe today. It exhibits a political sociology perspective that moves away from the predominant state-centrism and institutional focus in mainstream analyses of European politics. It brings to the fore the role of citizens, civil society and identity politics as well as transnational societal phenomena impacting on the ambivalent civic in/exclusion tendencies prevalent in the EU. The book highlights the linkage of EU institutions and policies to established and new societal actors in response to recent challenges of the EU. Markus Thiel is Professor in the Department of Politics and International Relations and Director of the EU-Jean Monnet Center of Excellence, Florida International University, USA. Ernesto Fiocchetto is Research Assistant at the EU-Jean Monnet Center of Excellence, Florida International University, USA. Jeffrey D. Maslanik is Visiting Lecturer in Politics and International Relations, Vietnam National University, Vietnam.
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