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1
Justice and dignity for all: Current issues of human rights in Tanzania. Dar es Salaam, Tanzania: Dar es Salaam University Press, 2010.
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2
Coates, Tony. International Justice : Principles and Issues: Principles and Issues. Taylor & Francis Group, 2017.
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Weisheit, Ralph A., and Frank Morn. Pursuing Justice: Traditional and Contemporary Issues in Our Communities and the World. Taylor & Francis Group, 2018.
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Weisheit, Ralph A., and Frank Morn. Pursuing Justice: Traditional and Contemporary Issues in Our Communities and the World. Taylor & Francis Group, 2014.
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Weisheit, Ralph A., and Frank Morn. Pursuing Justice: Traditional and Contemporary Issues in Our Communities and the World. Taylor & Francis Group, 2018.
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Weisheit, Ralph A., and Frank Morn. Pursuing Justice: Traditional and Contemporary Issues in Our Communities and the World. Taylor & Francis Group, 2014.
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Weisheit, Ralph A., and Frank Morn. Pursuing Justice: Traditional and Contemporary Issues in Our Communities and the World. Taylor & Francis Group, 2014.
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Weisheit, Ralph A., and Frank Morn. Pursuing Justice: Traditional and Contemporary Issues in Our Communities and the World. Taylor & Francis Group, 2018.
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Weisheit, Ralph A., and Frank Morn. Pursuing Justice: Traditional and Contemporary Issues in Our Communities and the World. Taylor & Francis Group, 2018.
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Weisheit, Ralph A., and Frank Morn. Pursuing Justice: Traditional and Contemporary Issues in Our Communities and the World. Taylor & Francis Group, 2014.
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Weisheit, Ralph A., and Frank Morn. Pursuing Justice: Traditional and Contemporary Issues in Our Communities and the World. Taylor & Francis Group, 2018.
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Weisheit, Ralph A., and Frank Morn. Pursuing Justice: Traditional and Contemporary Issues in Our Communities and the World. Taylor & Francis Group, 2015.
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Pursuing Justice: Traditional and Contemporary Issues in Our Communities and the World. Taylor & Francis Group, 2014.
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Weisheit, Ralph, and Frank Morn. Pursuing Justice: Traditional and Contemporary Issues in Our Communities and the World. Taylor & Francis Group, 2014.
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Weisheit, Ralph, and Frank Morn. Pursuing Justice: Traditional and Contemporary Issues in Our Communities and the World. Taylor & Francis Group, 2014.
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Weisheit, Ralph, and Frank Morn. Pursuing Justice: Traditional and Contemporary Issues in Our Communities and the World. Taylor & Francis Group, 2014.
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17
Introducing Human Rights: An Overview Including Issues of Gender Justice, Environmental, and Consumer Law. Oxford University Press, USA, 2006.
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Shareen, Hertel, and Minkler Lanse, eds. Economic rights: Conceptual, measurement, and policy issues. Cambridge: Cambridge University Press, 2007.
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Economic Rights: Conceptual, Measurement, and Policy Issues. Cambridge University Press, 2007.
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Tomporowski, Barbara. Six Years for a Prostitute: Issues of Justice and Law in the Kummerfield-Ternowetsky Trial. University of Regina, 1998.
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Morals, Rights and Practice in the Human Services: Effective and Fair Decision-making in Health, Social Care and Criminal Justice. Jessica Kingsley Publishers, 2007.
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Hostettler, John. Fighting for Justice: The History And Origins of Adversary Trial. Waterside Press, 2006.
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del Guayo, Iñigo, Lee Godden, Donald D. Zillman, Milton Fernando Montoya, and José Juan González, eds. Energy Justice and Energy Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198860754.001.0001.
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Energy justice has emerged as a matter of vital concern in energy law, with resonances in the attention directed to energy poverty, and the United Nations Sustainable Development Goals. There are energy justice concerns in areas of law as diverse as human rights, consumer protection, international law and trade, and in many forms of regional and national energy law and regulation. The book covers main themes related to justice. Distributive justice, the equitable distribution of the benefits and burdens of energy activities, is challenged mainly by the existence of people suffering from energy poverty. This concept is also associated with substantive energy equity through such measures as the realization of ‘energy’ rights. There is also a procedural (or participation) justice, consisting in the right of all communities to participate in decision-making regarding energy projects and policies that affect them (this dimension of energy justice often includes procedural rights to information and access to courts). Under the concept of reparation (or restorative) justice, the book includes even-handed enforcement of energy statutes and regulations, as well as access to remedies when legal rights are violated. Finally, the idea of recognition or social justice means that energy injustice cannot be separated from other social ills, such as poverty and subordination based on caste, race, gender, or indigeneity, the need to take into account people who are often ignored. These issues are given specific momentum by thinking through how we might achieve a ‘just’ energy transition as the world faces the climate change challenges.
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Meeran, Richard, and Jahan Meeran, eds. Human Rights Litigation against Multinationals in Practice. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198866220.001.0001.
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This book reviews the current position in this field, which has developed over the past 25 years, designed to hold multinationals to account, legally, for human rights abuses in the Global South. The authors are practising lawyers who have litigated and led prominent cases of legal significance in this field. Although the focus is on the Global North, where most of the cases have been brought—United Kingdom, United States, Canada, Australia, France, Netherlands, and Germany—there is also a chapter on South Africa. The cases cited include claims against parent companies for harm caused by subsidiary operations, claims for corporate complicity in violations perpetrated by States, and claims arising in a supply chain context. Whilst other books have included consideration of the legal aspects of many of the cases, the focus here is on the interrelated strategic and practical, as well as legal, considerations on which viability and prospects of success depend. In addition to questions of jurisdiction, applicable law, and theories of liability, obstacles to justice concerning issues such as access to information, collective actions, witness protection, damages and costs, and funding regimes (including a specific chapter on litigation funding), and issues relating to public pressure and settlement, are discussed. Although most of the authors act for victims, there is a substantial chapter providing the perspectives of business. Since this area of litigation has developed concurrently with, and has formed part of, the rapidly mushrooming field of business and human rights, the contextual relevance of the UNGPs is considered.
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Grover, Sonja C. Human Dignity as the Foundation for the Democratic Rule of Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190923846.003.0011.
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The notion of human dignity has in recent years come under attack from sectors of the interdisciplinary and legal academic community as vacuous and of little or no utility in judicial reasoning. This author holds instead that human dignity is the sine qua non of all human life and correlated with certain inviolable human rights that speak to human beings as other than property, as having legal personality and the right to be heard. The notion of human dignity then serves, it is argued here, as essential guidance in judicial reasoning on issues of individual and group fundamental human rights. Neglect in honouring the principle of respect for human dignity in judicial decision-making serves to erode the democratic rule of law and the interests of justice as will be illustrated through examination in particular of the U.S. Supreme Court case of J.C. Hernandez et al v. J. Mesa Jr.
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Kretzmer, David, and Yaël Ronen. The Occupation of Justice. 2nd ed. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780190696023.001.0001.
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Judicial review by Israel’s Supreme Court over actions of Israeli authorities in the territories occupied by Israel in 1967 is an important element in Israel’s legal and political control of these territories. The Occupation of Justice, Second Edition, presents a comprehensive discussion of the Court’s decisions in exercising this review. This revised and expanded edition includes updated material and analysis, as well as new chapters. Inter alia, it addresses the Court’s approach to its jurisdiction to consider petitions from residents of the Occupied Territories; justiciability of sensitive political issues; application and interpretation of the international law of belligerent occupation in general, and the Fourth Geneva Convention in particular; the relevance of international human rights law and Israeli constitutional law; the rights of Gaza residents after the withdrawal of Israeli forces and settlements from the area; Israeli settlements and settlers; construction of the separation barrier in the West Bank; security measures, including internment, interrogation practices and punitive house demolitions; and judicial review of hostilities. The study examines the inherent tension involved in judicial review over the actions of authorities in territory whose inhabitants are not part of the political community to which the Court belongs. It argues that this tension is aggravated in the context of the West Bank by the glaring disparity between the norms of belligerent occupation and the Israeli government’s policies. The study shows that while the Court’s review has enabled many individuals to receive a remedy, it has largely served to legitimise government policies and practices in the Occupied Territories.
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Markus, Hugh, Anthony Pereira, and Geoffrey Cloud. Ethical issues in stroke care. Oxford University Press, 2017. http://dx.doi.org/10.1093/med/9780198737889.003.0017.
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The chapter on ethical issues in stroke care sets out an ethical framework incorporating patient autonomy, beneficence, non-maleficence, and justice to inform patient-centred stroke care. It covers a broad range of legal information as relevant to stroke care in the United Kingdom such as the European Law of Human Rights, The Human Rights Act 1998, The Mental Capacity Act (MCA) 2007, and Deprivation of Liberty safeguards (DoLS). It covers widely applicable guidance around consent, cardiopulmonary resuscitation, artificial nutrition and hydration, and withholding treatment and withdrawing medical treatment. A section is included to review the various types of Prolonged Disorders of Consciousness which are rare but devastating complication of stroke. An approach to end of life or palliative care in the stroke patient is also discussed.
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Chanaka, Wickremasinghe. 7 Immunity, 7.3 Difference relating to Immunity from Legal Process of a Special Rapporteur of the Commission on Human Rights , Advisory Opinion, [1999] ICJ Rep 62. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198743620.003.0042.
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The advisory opinion is one of the relatively few cases that have required the International Court of Justice to consider directly issues related to the immunity of an international organization (in this case the UN). It provides important guidance on how to delineate between activities that are pursued by the UN and its officials in an official capacity, which are therefore entitled to immunity, and activities which are pursued in some other capacity and therefore are subject to national jurisdiction. At a procedural level the case is significant as the first occasion on which the process of so-called ‘binding advisory opinions’ under art. VIII, Section 30 of the 1946 Convention on the Privileges and Immunities of the United Nations has been invoked, leading in itself to some interesting questions about the adaptation of the Court’s advisory jurisdiction to a more formal mode of dispute settlement.
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Fionnuala Ní, Aoláin. Part III The Right to Justice, C Restrictions on Rules of Law Justified By Action to Combat Impunity, Principle 29 Restrictions on the Jurisdiction of Military Courts. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198743606.003.0033.
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Principle 29 deals with restrictions on the jurisdiction of military courts. Under this Principle, the adjudication of human rights violations by military courts is explicitly excluded, and ordinary domestic courts are mandated as the only appropriate venue of judicial oversight. Nevertheless, military courts remain functionally important for the routine and uncontroversial deployment of military law consistent with international law. The chapter first provides a contextual and historical background on Principle 29 before discussing its theoretical framework and how military courts are used in various countries such as Ireland and Turkey. Issues arising when civilians find themselves within the jurisdiction of military courts are also examined, along with the difficulties of ensuring fair trials in military courts. This chapter shows that military courts, while certainly serving important functions within the military forces of states, remain subject to human rights and humanitarian law compliance.
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Faragher, Colin. Public Law Concentrate. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198840527.001.0001.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Public Law Concentrate looks at all aspects relevant to constitutional law including sources, the rule of law, and separation of powers. It details the role of the executive, constitutional monarchy, and the Royal Prerogative. It also looks at sovereignty of Parliament and European Union law. It covers topics such as administrative law, judicial review, human rights, police powers, public order, and terrorism. This new edition examines the constitutional issues raised by and the legal effect of the provisions of the European Referendum Act 2015, the European Union (Notification of Withdrawal) Act 2017, the European Union (Withdrawal) Act 2018, and the proposed European Union (Withdrawal Agreement) Bill. It also looks at the constitutional status of the Sewel Convention, legislative consent motion procedure, the use of secondary legislation by the executive to amend law and the separation of powers implications of Henry VIII Clauses, the constitutional role of the House of Lords in scrutinizing and amending primary legislation, the Speakers' Ruling in the House of Commons on Points of Order and the Contempt of Parliament Motion, the whip system, back bench revolts, confidence and supply agreements in government formation, and the current state of legislative and executive devolution in Northern Ireland. There are also full details of the key principle in the decision of the Court of Justice of the European Union in Wightman v Secretary of State for Exiting the European Union [2018] SLT 959.
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Vauchez, Stéphanie Hennette. EU Law and Bioethics. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780198807216.003.0003.
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This chapter seeks to present and analyse the existing, albeit incomplete and somewhat scattered, body of EU biomedical law. After first describing the chronology and vectors through which it progressively came into existence, the chapter offers some analytical insights as to the content of EU biomedical law. In doing so, it argues that the existing law is mostly about frames, procedures, and methods, more than it is about substance and content. Finally, the chapter seeks to reflect on some of the most prominent current issues in the field. Looking back at several important rulings by the Court of Justice of the European Union as well as of the European Court of Human Rights, it addresses several of the most salient issues for contemporary European biomedical law.
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Rosalyn, Higgins, Webb Philippa, Akande Dapo, Sivakumaran Sandesh, and Sloan James. Oppenheim's International Law: United Nations. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198808312.001.0001.
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The United Nations (UN) has expanded beyond all recognition since its founding in 1945. This volume represents a study that is entirely new, but is prepared in the way that has become so familiar over succeeding editions of Oppenheim’s International Law. It covers the formal structures of the UN as it has expanded over the years, and all that this complex organization does. All substantive issues are addressed in separate sections, including the responsibilities of the UN, financing, immunities, human rights, preventing armed conflicts, peacekeeping, and judicial matters. In examining the evolving structures and ever-expanding work of the UN, this volume follows the long-held tradition of Oppenheim by presenting facts uncoloured by personal opinion, in a succinct text that also offers in the footnotes extra information and ideas to be explored. It is a book that, while making all necessary reference to the UN Charter, the Statute of the International Court of Justice, and other legal instruments, tells of the realities of the legal issues as they arise in the day-to-day practice of the UN.
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Langille, Brian, ed. The Capability Approach to Labour Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198836087.001.0001.
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In this volume, leading scholars of both labour law and the Capability Approach (CA) explore the possible connections between their disciplines. Accounts of the CA—particularly those of Martha C. Nussbaum and Amartya Sen—do not specifically address labour law, but the CA is attractive to labour lawyers and scholars examining the foundations of their discipline. The questions being asked are whether the CA has anything to offer labour law, and if it does, what forms might this offering take? And, conversely, what light labour law might shine on the CA? In addressing these questions, the chapters in Part I inquire into the nature of the relationship between the CA and labour law—whether it is positive or negative and whether the CA can provide a normative basis for, or an understanding of, labour law. The chapters in Part II explore the CA/labour law debate through different and well-known perspectives on labour law, including economics, history, critical theory, restorative justice, and human rights. The final set of chapters examine the possible relevance of the CA to a range of specific labour law issues, such as freedom of association, age discrimination in the workplace, trade, employment policy, and sweatshop goods. As with this set of specific issues, the book as a whole is not meant to be an exhaustive account of the CA/labour law connection. Rather, it is offered as a first focused effort to open up the discussion and to stimulate further inquiry in this interdisciplinary enterprise.
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Coronavirus Disease (COVID-19): Socio-Economic Systems in the Post-Pandemic World: Design Thinking, Strategic Planning, Management, and Public Policy. Lausanne: Frontiers Media, 2022.
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Schrama, Wendy, Marilyn Freeman, Nicola Taylor, and Mariëlle Bruning, eds. International Handbook on Child Participation in Family Law. Intersentia, 2021. http://dx.doi.org/10.1017/9781839701726.
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This topical and timely book considers children's participation rights in the context of family law proceedings, and how their operation can be improved for the benefit of children and family justice systems globally. In doing so, it provides the pedagogical reasoning for child participation, as well as a thorough analysis of the relevant human rights instruments in this area, including the United Nations Convention on the Rights of the Child. <br><br>This comprehensive book examines the way in which private international law instruments deal with child participation in separation/divorce, parental responsibility and child abduction proceedings. In addition, the book includes individual contributions from renowned family law experts from 17 countries who describe and analyse the local laws and exercise of child participation rights in their own jurisdictions. These insightful texts include the authors' views on the improvements needed to ensure that child participation rights are fully respected and implemented in the countries under review. A detailed comparative analysis follows which helpfully pinpoints both the key commonalities and differences in these global processes. Finally, the concluding chapter draws together the different perspectives revealed across the handbook, and identifies several key issues requiring further reflection from scholars, policy makers and family justice professionals. <br><br><i>The International Handbook on Child Participation in Family Law</i> is a rich source of information and essential reading for all those working in this important and evolving field.
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Clapham, Andrew, and Paola Gaeta, eds. The Oxford Handbook of International Law in Armed Conflict. Oxford University Press, 2014. http://dx.doi.org/10.1093/law/9780199559695.001.0001.
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TheHandbookconsists of 32 Chapters in seven parts. Part I provides the historical background and sets out some of the contemporary challenges. Part II considers the relevant sources of international law. Part III describes the different legal regimes: land warfare, air warfare, maritime warfare, the law of occupation, the law applicable to peace operations, and the law of neutrality. Part IV introduces key concepts in international humanitarian law: weapons and the notion of superfluous injury and unnecessary suffering, the principle of distinction, proportionality, genocide and crimes against humanity, grave breaches and war crimes, internal armed conflict. Part V looks at key rights: the right to life, the prohibition on torture, the right to fair trial, economic, social and cultural rights, the protection of the environment, the protection of cultural property, and the human rights of the members of the armed forces. Part VI covers key issues such as: the use of force, terrorism, unlawful combatants, the application of human rights in times of armed conflict, forced migration, and issues of gender. Part VII deals with accountability issues including those related to private security companies, the need to focus on armed groups, as well as questions of state responsibility brought before national courts, and finally, the book addresses issues related to transitional justice.
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Theo van, Boven. Preamble. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198743606.003.0003.
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The Preamble of the Principles is based on the premise that the Principles will provide guidance to States and other entities in developing effective measures for combating impunity. A leading normative component of the Preamble is the trilogy of the core rights to know, to justice and to reparation, including guarantees of non-recurrence. This chapter first describes the functions and characteristics of a Preamble and provides an overview of the report of Special Rapporteur Louis Joinet before discussing the Updated Set of Principles and the evolving notion of ‘transitional justice’; the campaign against impunity; and the orientation and scope of the Principles, including the Preamble, in the broader settings of restoring peace and democracy. Issues concerning broad participatory involvement of victims, human rights defenders and other sectors of civil society are also considered.
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Caserta, Salvatore. International Courts in Latin America and the Caribbean. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198867999.001.0001.
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The book provides the first in-depth and empirically grounded analysis on the foundations and trajectories of gaining authority of the four Latin American and Caribbean regional economic courts: the Central American Court of Justice (CACJ), the Caribbean Court of Justice (CCJ), the Andean Tribunal of Justice (ATJ), and the Mercosur Permanent Review Court (PRC). While these courts were, on their terms, established to build common markets and to enforce trade liberalization, they have often developed bodies of jurisprudence in domains often not directly associated with regional economic integration. The CCJ has been most successful in the area of human and fundamental rights; the CACJ has addressed issues related to the enforcement of the rule of law in national legal arenas and long-standing border disputes between the countries of the region; the ATJ is an island of effective adjudication on intellectual property issues; and the PRC has significantly struggled to receive a significant number of cases to rule upon all together. The particular trajectories of the four Latin American and Caribbean Regional Economic Courts (RECs) suggest that there is no universal formula for success for these institutions and that their operational path is not necessarily a function of their formally delegated competences and/or of the will of the Member States, as it is often argued in mainstream legal and political science literature. Rather, local socio-political contextual factors—such as the historical legacies of a region, the interests and dynamics of socialization of legally and politically situated actors, the nature of national and regional politics, and legal culture—often play a far more decisive role in influencing the direction of RECs during and after their establishment.
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Davenport, Christian, Erik Melander, and Patrick M. Regan. Contemporary Studies of Peace. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190680121.003.0002.
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This chapter offers a review of the extensive literature on the topic of peace. It works through definitions, measurements, approaches, and limitations. The survey of existing research is then used to guide improvements in the study of the phenomenon of interest. Perhaps most important, this chapter lays out the different ways that the concept of peace moves beyond that of simply the absence of violence into issues of conflict resolution, justice and law, equality and nondiscrimination, political freedom and civil rights, socioeconomic opportunity, human rights, social integration, reconciliation, trust, harmonious relationships, and order.
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Fidell, Eugene R. 4. The substantive reach of court-martial jurisdiction. Oxford University Press, 2016. http://dx.doi.org/10.1093/actrade/9780199303496.003.0005.
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If a court-martial has jurisdiction over an accused, to what offenses does that jurisdiction extend? Military justice codes take a variety of approaches to defining what conduct will be prosecuted in courts-martial. Typically, they set forth and give the required elements of a number of offenses. Some offenses—disobedience and disrespect, desertion, dereliction of duty, AWOL, missing movement, mutiny, oppressing a subordinate, or hazarding a vessel—have no counterpart in civilian criminal law. ‘The substantive reach of court-martial jurisdiction’ outlines two key issues: whether human rights violations should be prosecuted in courts-martial, and whether common law or ordinary crimes should ever be tried by court-martial rather than in the civilian courts.
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Whyte, Kyle Powys. Indigenous Environmental Movements and the Function of Governance Institutions. Edited by Teena Gabrielson, Cheryl Hall, John M. Meyer, and David Schlosberg. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780199685271.013.31.
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Indigenous environmental movements have been important actors in twentieth- and twenty-first-century global environmental politics and environmental justice. Their explicit foci range from the protection of indigenous environmental stewardship systems to upholding and expanding treaty responsibilities to securing indigenous rights in law and policy. This chapter suggests that these movements open important intellectual spaces for thinking about the function of environmental governance institutions in addressing complex environmental issues such as clean water and forest conservation. Different from institutional functions based on market mechanisms or appeals to human psychological tendencies, a variety of indigenous environmentalists suggest that institutions should function to convene reciprocal responsibilities across relatives as diverse as humans, non-human beings such as plants, entities such as water, and collectives such as forests.
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Jowell, Sir Jeffrey, and Colm O'Cinneide, eds. The Changing Constitution. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198806363.001.0001.
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Since its first edition in 1985, The Changing Constitution has provided analysis of the key issues surrounding the UK’s constitutional development, and debates around reform. The ninth edition of this volume is published at a time of constitutional turbulence, with Brexit putting pressure on key aspects of the UK’s unwritten constitutional system. Other aspects of the UK constitution are also in a state of flux, and continue to generate political and legal controversy: the legal protection of human rights, understanding of parliamentary sovereignty and the rule of law, separation of powers, restructuring of the system of justice, the regulation of access to information and data privacy, and pressures for increased devolution to Scotland, Wales and Northern Ireland. These issues and more are covered in this latest edition of one of the UK’s leading texts on the constitution, which includes contributions from a range of leading public law scholars.
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Bloomer, Fiona, Claire Pierson, and Sylvia Estrada Claudio. Reimagining Global Abortion Politics. Policy Press, 2018. http://dx.doi.org/10.1332/policypress/9781447340430.001.0001.
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What are the contemporary issues in abortion politics globally? What factors explain variations in access to abortion between and within different countries? This text provides a transnationally focused, interdisciplinary analysis of trends in abortion politics using case studies from around the global north and south. It considers how societal influences, such as religion, nationalism and culture, impact abortion law and access. It explores the impact of international human rights norms, the increasing displacement of people due to conflict and crisis and the role of activists on law reform and access. The book concludes by considering the future of abortion politics through the more holistic lens of reproductive justice. Utilising a unique interdisciplinary approach, this book provides a major contribution to the knowledge base on abortion politics globally. It provides an accessible, informative and engaging text for academics, policy makers and readers interested in abortion politics.
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Samanta, Jo, and Ash Samanta. 9. The end of life. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198815204.003.0009.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter deals with key legal and ethical issues surrounding end-of-life decisions, with particular reference to physician-assisted death such as euthanasia. Suicide and assisted suicide, administration of pain relief, and futility are considered. Relevant legislation such as the Suicide Act 1961 (as amended by the Coroners and Justice Act 2009), the Human Rights Act 1998, and the Mental Capacity Act 2005 are discussed. The chapter examines several bioethical principles, including sanctity-of-life and quality-of-life debates; autonomy, beneficence, and medical paternalism; personhood, palliative care, and the double effect doctrine. Finally, it considers human rights issues, treatment requests, incompetent patients, and the concept of the minimally conscious state and locked-in syndrome. Recent cases are cited.
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Salomon, Stefan, ed. Der Status im europäischen Asylrecht. Nomos Verlagsgesellschaft mbH & Co. KG, 2020. http://dx.doi.org/10.5771/9783845298146.
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Despite the constitutionalisation of asylum law by EU law over the last two decades, proceedings based on national norms often still occur before asylum authorities and the courts of EU Member States. This book examines the divergences in and tensions between the constitutionalisation of asylum law by EU law on the one hand and how national asylum laws operate on the other. The national context in this book is primarily Austria’s asylum law. As asylum encapsulates various status categories that determine the rights and duties of a person in most areas of life, this book analyses asylum law from the perspective of an individual’s legal status. The contributions it contains examine, among other issues, the case law of the European Court of Justice on persecution on the grounds of sexual orientation, exclusion from protection status, the uniform status of protection, the principle of the best interests of the child in EU law, as well as temporary residential status in light of the principle of human dignity. With contributions by Petra Sußner, Constantin Hruschka, Ronald Frühwirth, Florian Immervoll, Ulrike Brandl, Stefan Salomon, Florian Hasel, Kevin Hinterberger, Stephan Klammer, Lioba Kasper, Martina Berger, Simone Tanzer
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Aronson, Amy. Crystal Eastman. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780199948734.001.0001.
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Crystal Eastman was a central figure in many of the defining social movements of the twentieth century—labor, feminism, internationalism, free speech, peace. She drafted America’s first serious workers’ compensation law. She helped found the National Woman’s Party and is credited as coauthor of the Equal Rights Amendment (ERA). She helped found the Woman’s Peace Party—today, the Women’s International League for Peace and Freedom (WILPF)—and the American Union against Militarism. She copublished the Liberator magazine. And she engineered the founding the American Civil Liberties Union (ACLU). Eastman worked side by side with national and international suffrage leaders, renowned Progressive reformers and legislators, birth control advocates, civil rights champions, and revolutionary writers and artists. She traveled with a transatlantic crowd of boundary breakers and innovators. And in virtually every arena she entered, she was one of the most memorable women known to her allies and adversaries alike. Yet today, her legacy is oddly ambiguous. She is commemorated, paradoxically, as one of the most neglected feminist leaders in American history. This first full-length biography recovers the revealing story of a woman who attained rare political influence and left a thought-provoking legacy in ongoing struggles. The social justice issues she cared about—gender equality and human rights, nationalism and globalization, political censorship and media control, worker benefits and family balance, and the monumental questions of war, sovereignty, force, and freedom—remain some of the most consequential questions of our own time.
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Francis, Leslie, ed. The Oxford Handbook of Reproductive Ethics. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780199981878.001.0001.
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Reproductive ethics poses many of the most controversial issues of our time. Questions about the roles, rights, and responsibilities of parents force us to think about individual autonomy, the nature of the family, and relationships between private institutions and the state. And reproduction is not only about procreators but raises deeply divisive issues about gametes, embryos, fetal issue, and the moral status of the fetus or newborn child. This volume boldly addresses these and other issues, grounding their treatment in careful and reasoned philosophical analysis. To take just a few of the questions in the volume: Is reproductive care a human right? Should infertility treatment be provided from socially shared resources? Is abortion ethically permissible and, if so, in what circumstances? Is surrogate gestation ethically permissible? Do procreators have duties to support their children, even if they have tried to prevent conception? Are there asymmetries between the responsibilities of males and females and should male contraception be developed as a matter of social justice? Are there characteristics that disqualify people as parents and, if so, what are these characteristics? Do potential procreators have a duty to try to conceive under favorable circumstances, or refrain from conceiving if they cannot? Do health care providers have rights of conscience to decline to provide certain types of care, even if it is legally permissible? This volume brings together scholars and practitioners from a wide range of disciplines-bioethics, ethics, law, political science, and medicine-to address these and other deeply contentious questions. The essays in the volume are all new, written by both very well-known and emerging scholars in their fields. They represent liberal, feminist, conservative, and radical theoretical perspectives and are designed to challenge thinking in the field for years to come.
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Slovo of the National School of Judges of Ukraine. The National School of Judges of Ukraine, 2021. http://dx.doi.org/10.37566/2707-6849-2020-5.
Full textAbstract:
The special edition of the national professional scientific and practical legal magazine “The Slovo of the National School of Judges of Ukraine” was published, which contains reports delivered at the online conference "Ensuring the unity of judicial practise: the legal positions of the Grand Chamber of the Supreme Court and standards of the Council of Europe", held on the occasion of the third anniversary of the Grand Chamber of the Supreme Court. time of thematic sessions and webinars for judges of each of the courts of cassation in the Supreme Court, as well as joint sessions for judges of different jurisdictions at the end of 2020. The National School of Judges of Ukraine held these events together with the Supreme Court and in synergy with the Council of Europe projects "Support to Judicial Reform in Ukraine", "Further Support for Ukraine's Implementation in the Context of Article 6 of the European Convention on Human Rights", USAID New Justice Program, OSCE Project Coordinator in Ukraine. These are projects that support various aspects of judicial reform in Ukraine, compliance with Council of Europe standards and recommendations, offering best practices from member states to help make priorities in the national reform process. The conference and training events were attended by more than 550 participants - judges of the Supreme Court, other courts, leading Ukrainian and foreign experts, representatives of the legal community. Trainers and all structural subdivisions of the National School of Judges of Ukraine were involved, the training activities of which were identified by the CCEJ in one of its conclusions as one of the important tools to ensure the unity of judicial practice. Programs of activities included reports on the role of the Grand Chamber of the Supreme Court in ensuring the unity of judicial practice and the impact on the legal system; unity of judicial practice in the context of standards - improving access to justice in Ukraine: removing procedural obstacles and ensuring the right to an impartial court, approaches to identifying cases of minor complexity and cases of significant public interest or exceptional importance for a party in the context of access to court of cassation: practice the supreme courts of the member states of the Council of Europe and the European Court of Human Rights; key positions of the Supreme Court - application of the provisions of the procedural codes on the grounds for transferring the case to the Chamber, the joint chamber or the Supreme Court, the impact of its decisions on legislative activity, ensuring the specialization of courts and judges, the practice of the Supreme Court of the Supreme Court on administrative cases, the practice of considering cases of disciplinary liability of judges, conclusions on the rules of criminal law, review of court decisions in criminal proceedings in exceptional circumstances; the impact of the case law of the European Court of Human Rights on the case law of national courts and the justification of court decisions and the "balance of rights" in civil cases in its practice, the development of the doctrine of human rights protection; ECtHR standards on evidence and the burden of proof, the conclusions of the CCEJ and their reflection in judicial practice; judicial rule-making in the activities of European courts of cassation, etc. The issues raised are analyzed in the Ukrainian and international contexts from report to report, which, we hope, will be appreciated by every lawyer - both practitioners and theorists. As well as the fact that the depth of disclosure of each of the topics through the practice of application serves the development of law and contributes to the formation of the unity of judicial practice of the Supreme Court, the creation of case law is a contribution to rulemaking and lawmaking. The conversion of intellectual discourse into the practice of Ukrainian courts is an important step towards strengthening public confidence in the judiciary. And here the unifying force of the Supreme Court can be especially important, as the Chairman of the Supreme Court Valentyna Danishevska rightly remarked, speaking about the expectations of the society.