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Media Law
by Dr Jacob RowbottomThe second edition of this groundbreaking book looks at the key debates and issues in media law, a fast-developing area of scholarship that raises many high-profile and controversial questions.Recent issues include the privacy rights of public figures, the use of legal tools to silence critics, the right to access information held by public bodies, the political power of media owners, the future of public service broadcasting and the regulation of the digital media. The chapters examine the rights to reputation and privacy, the administration of justice, the role of government censorship, the protection of the newsgathering process, the regulation of the media and the impact of digital communications.The analysis is grounded in an account of media freedom that looks at the important democratic functions performed by the media and journalism. Examining various key themes, the book shows how those functions continue to evolve in a changing political culture and also how the media are subject to a range of legal and informal constraints. The book asks whether the law strikes the right balance in protecting media freedom while preventing the abuse of media power, and considers the future of media law in the digital era.Authoritative and accessible, the book is essential reading for students and scholars of media law alike.
Medical Humanities and Disability Studies: In/Disciplines (Critical Interventions in the Medical and Health Humanities)
by Stuart MurrayMedical humanities and disability studies are disciplines at the cutting edge of innovative critical work in the study of health and disability, but to date there has been no book-length examination of the relationship between the two. Although each has emerged from different heritages, they share many features, from discussing the complexities of embodiment, identifying processes of exclusion and championing user participation, to a commitment to new forms of critical writing. In/Disciplines explores the connections between the two disciplines in detail. It presents a series of provocations about how they interact, the forms their practice take, and their strengths and weaknesses as working methods. With a focus on life stories that give accounts of health and disability experiences, it mixes creative and critical writing in an accessible manner aimed at a wide audience in both Medical Humanities and Disability Studies, and across new humanities more widely. The book asserts that both disciplines need to evaluate and challenge core assumptions if they are to remain critically relevant in the evolving study of social and cultural understanding of health and disability.
Merchant Organization and Maritime Trade in the North Atlantic, 1660-1815 (Research in Maritime History #15)
by Olaf JanzenThis book presents the challenges faced by maritime merchants operating in the North Atlantic in the early modern period, and examines the opportunities, aspirations, and methods utilised in the pursuit of profitable trade. The book collects nine essays and a reflective conclusion, which cumulatively explore the major themes of trade within empires; growth of trade; new initiatives within trade empires; government initiatives in relation to maritime mercantile trade; merchant migration; and changes in international trade. The book attempts to provide scholarly insight and perspectives into early modern economic life, through the maritime mercantile activities of various European and North American nations.
Merger Control, National Security, and Foreign Direct Investment Screening: A Comparative Perspective
by Ioannis KokkorisThe Covid-19 pandemic, the significant expansion of the Chinese investment abroad, and recent geo-political tensions have all served to strengthen national security considerations in merger control and foreign direct investment (FDI) processes. Against this backdrop, Merger Control, National Security, and Foreign Direct Investment Screening: A Comparative Perspective provides a comprehensive exploration of the intricate interplay between national security, foreign direct investment, and competition policy in an increasingly interconnected global economy. Central to the book's analysis is the exploration of FDI screening mechanisms from a national security perspective as they apply to Merger and Acquisition (M&A) transactions. Spanning a wide array of jurisdictions, industries, and policy contexts, including case studies from major economies such as the European Union, the United Kingdom, the United States, and China, the book examines how lawmakers navigate protecting their strategic sectors while promoting a welcoming environment for investors. It also showcases how competition authorities grapple with incorporating broader societal goals and national security concerns into merger control assessments. Merger Control, National Security, and Foreign Direct Investment Screening scrutinizes the challenges of balancing these objectives while maintaining the integrity of competition law principles and avoiding undue political influence. It offers a thought-provoking and timely guide for policymakers, practitioners, scholars, and stakeholders seeking to navigate the intricacies of global economic interdependence without dismissing national interests.
The Metaphysics of Meditation: Sri Aurobindo and Adi-Sakara on the Isa Upanisad (Bloomsbury Studies in World Philosophies)
by Stephen PhillipsIn this book Stephen Phillips focuses on one of the most important poems about meditation in world literature, as understood by two of the greatest philosophers of India, one classical, one modern. Sankara's commentaries on the Upanisads are a core of the Vedanta tradition and Aurobindo is a towering figure of 20th-century Hindu thought. This is the first time their approaches have been studied together.The Isa (c. 500 BCE) an “Upanisad” belongs to a genre of “adhyatmika” learning-concerning self and consciousness-in early Indian literature. According to the Ancient Indian tradition of yoga, meditation is antithetical to willful bodily and mental action. Breathing is all you do. In the conception of the Isa Upanisad, we are told that the best that comes from meditation is because of what the “Lord” is. In Sankara's interpretation it comes to block out the little “you,” whereas according to Aurobindo it comes as a divine connection, an occult “Conscious Force” belonging to truer part of oneself, atman, and an “opening” to that self's native energy. Framed around Aurobindo's translation of each of the Isa's eighteen verses, along with a translation of each verse, Phillips follows a different reading of Sankara as laid out in his commentary. All this is done against the backdrop of modern scholarship. Convergences and divergences of these streams are the focus throughout. Appendix A presents the Upanisad with the two readings side by side.This book traces a worldview and consonant yoga teaching common to two authors who are typically taken to be oceans apart, not only chronologically but in intellectual stance. Addressing a huge gap in the contemporary literature on meditation in the Hindu traditions, Phillips presents a compelling new way of thinking about meditation in the Advaita Vedanta philosophy and Upanisad.
Methodology in Private Law Theory: Between New Private Law and Rechtsdogmatik (Oxford Private Law Theory)
by Thilo Kuntz Paul B. MillerMethodology in Private Law Theory: Between New Private Law and Rechtsdogmatik represents a first-of-its-kind dialogue between leading lights in German and American private law theory. The chapters in this volume build upon established traditions of scholarship in German private law and harness resurgent scholarly interest in private law in the United States, inviting readers to question how private law functions on both sides of the Atlantic. In the context of the cross-fertilization of legal scholarship, the transnationalization of law, and the historical ties between US and German debates on methodology, the volume encourages reasoned engagement with private law doctrines and institutions. It further invites reflexive consideration of diverse ways in which methods of legal analysis influence social practices where law is given, received, asserted, and negotiated. Leading methodologies of the past and present are subject to fresh elucidation and insightful criticism, including those of legal formalism, legal conceptualism, legal realism, law and economics, legal philosophy, legal history, empirical jurisprudence, Rechtsdogmatik, and other varieties of doctrinal scholarship. Providing the necessary background for understanding different legal cultures and traditions in private law, Methodology in Private Law Theory is a must-read for anyone working within the field.
Microaggressions in Medicine (Bioethics for Social Justice)
by Lauren Freeman Heather StewartIn a world that too often marginalizes people based on their race, gender, sexual orientation, body size, or disability, medicine can often be no different. Far from ?doing no harm,? it treats some patients unfairly, leading to detrimental effects. Guided by diverse patient testimonies and case studies, Microaggressions in Medicine focuses on the harms that such patients face. It amplifies their voices, stories, and experiences, which have too-often been excluded from mainstream bioethical, medical, and popular discussions. Microaggressions in medicine are not rare, but frequent in the healthcare experiences of marginalized patients. Recognizing this can help patients better understand and make sense of their experiences. As bioethicists Lauren Freeman and Heather Stewart argue, building such an awareness can also help current and future healthcare professionals recognize the serious and enduring consequences that microaggressions have on their patients. Freeman and Stewart offer practical strategies for healthcare professionals to reduce microaggressions in their practices. The harms of microaggressions are anything but micro. Healthcare professionals have a moral obligation to prevent them as much as possible. Health equity can be achieved, but only through first recognizing the harm caused by microaggressions in medical contexts. Shining a light on microaggressions in medicine and offering concrete ways for health professionals to avoid them in the future will make a positive difference in the lives of marginalized patients as they interact with medical institutions and practitioners. All patients deserve high quality, patient-centered care but healthcare professionals must change their practices in order to achieve such equity.
Minority Shareholders: Law, Practice, and Procedure
by Victor Joffe KC David Drake Giles Richardson KC Daniel Lightman KC Tim Collingwood KC Thomas Elias Zahler BryanThis well-established and authoritative work, now in its seventh edition, is the most detailed reference source on the law relating to minority shareholders. As more and more legal emphasis is put on corporate governance, and as the influence of shareholder activism continues to grow, this book is the leading resource for practitioners requiring up-to-date, detailed information on the rights and remedies available to minority shareholders. The book provides detailed and incisive coverage of section 994 petitions, derivative claims, just and equitable winding-up petitions, and the foreign aspects of shareholder disputes, as well as shareholders' personal claims against companies and the rights conferred on them by the Companies Act 2006. The seventh edition examines all significant recent case law from the UK, including Sevilleja v Marex Financial Ltd on reflective loss, and Loveridge v Loveridge, Re Westshield Ltd, and UTB plc v Sheffield Utd on unfair prejudice. The work also considers case law from courts of other jurisdictions with analogous shareholder provisions, in particular Hong Kong, Singapore, and the Caribbean.
The Model Law Approach to International Commercial Arbitration: A Primer
by Mark CampbellTaking the UNCITRAL Model Law on International Commercial Arbitration as its basis, this concise and accessible book presents a cutting-edge account of the international arbitral process. Applying a chronological approach, the book will enable readers to gain an understanding of the arbitral process from start to finish.Chapters explore key topics including the general structure of international commercial arbitration, the Model Law, arbitration agreements, the arbitral tribunal, the conduct of arbitral proceedings, and challenges to and enforcement of arbitral awards. The book also highlights key underlying principles in international arbitration such as party autonomy, the finality of awards and the need to limit court intervention. It also examines the harmonising aim of the Model Law, demonstrating how it acts as a blueprint for legislation on international commercial arbitration, and ties in relevant case law to give a holistic picture of international commercial arbitration in action.This book will prove indispensable to academics and students of international commercial law, arbitration and dispute resolution, who are seeking clarity on the legal framework governing the arbitral process. Legal practitioners will similarly benefit from this clear and concise guide to the application of the Model Law.
Modern Criminal Law: Essays in Honour of GR Sullivan
This book brings together leading scholars from the next generation of UK criminal lawyers to celebrate the work of GR Sullivan, Emeritus Professor at University College London, in the year of his retirement from writing Simester and Sullivan's Criminal Law: Theory and Doctrine. The contributors examine many of the areas in which GR (Bob) Sullivan's own writing has been influential, ranging from general doctrines such as causation and culpability, across specific offences like theft and fraud, through defences including necessity and insanity; before turning, finally, to matters affecting the criminal process, notably challenges to the doctrine of precedent in criminal law. Taken together, the essays are a powerful tribute to Bob's standing and influence upon modern criminal law. At the same time, individually they make sophisticated contributions to our understanding of some pressing issues in contemporary criminal law. The essays illustrate the increasing importance of theoretical argument in modern criminal law, as well as the manner in which doctrinal debates have become interwoven with arguments about criminalisation norms. The resulting collection is thus a tribute also to the character of modern academic criminal law, a character that Bob and the writers of his generation did so much to develop.
Modern Land Law
by Martin DixonModern Land Law offers a lively and thought-provoking account of a subject that remains at the heart of our legal system. Dispelling any apprehension about the subject s formidability from the outset, this compact textbook provides an absorbing and exact analysis of all the key legal principles relating to land. Written with students firmly in mind, the principal features of this textbook include: a clear introduction to every chapter which frames each topic in its wider context; corresponding chapter summaries which help to consolidate learning and encourage reflection; the use of tables and diagrams to aid understanding of complicated topics; a friendly two-color text design which complements Martin Dixon s comprehensible and engaging writing; an updatedcompanion website which supports this textbook with a fully customizable testbank for lecturers; self-test questions and practice exam-style questions for students as well as podcasts to keep students updated with new cases, important decisions and other newsworthy issues relating to land law. This 9th edition has been thoroughly revised and updated to take into account key developments in the law in the light of the Law Commission s recommendations on easements and covenants, as well as the increased impact of the HRA 1998 on case law. All major recent decisions and judgments will be incorporated alongside a discussion of proposals for reform and new legislation. Modern Land Law is one of the most current and reliable textbooks available on land law today. "
The Montreal Convention: A Commentary (Elgar Commentaries in Commercial Law series)
This unparalleled reference work on airline liability is written and edited by internationally revered experts and presents a comprehensive, article-by-article analysis of the Montreal Convention 1999 (MC99).Adopting a comparative, doctrinal approach, the Commentary outlines the origins of the MC99 and its evolution, before drawing particular focus to air passenger and cargo practices and liability, issues of multimodal carriage, and the development of new technologies. Offering a forward-thinking perspective, chapters also bring to light key scholarly debates concerning the potential revisions to the MC99 and highlight the likely need for reform.Key Features:Provides a contextual and comparative approachThe most thorough contemporary treatment of the MC99Examines the contemporary judicial trends in interpreting the MC99Written by 36 leading aviation lawyers and eminent academics from across the globeDetailed article-by-article analysis of the MC99, surveying its meaning and applicationContributing to a deeper understanding of the MC99 and its practical implications, this authoritative Commentary is a fundamental resource for aviation lawyers in private practice and in-house, as well as industry professionals. It will also be a reference source for scholars of aviation and transport law.
Moral Demands In Nonideal Theory
by Liam B. MurphyIs there a limit to the legitimate demands of morality? In particular, is there a limit to people's responsibility to promote the well-being of others, either directly or via social institutions? Utilitarianism admits no such limit, and is for that reason often said to be an unacceptablydemanding moral and political view. In this original new study, Murphy argues that the charge of excessive demands amounts to little more than an affirmation of the status quo. The real problem with utilitarianism is that it makes unfair demands on people who comply with it in our world of nonidealcompliance. Murphy shows that this unfairness does not arise on a collective understanding of our responsibility for others' well being. Thus, according to Murphy, while there is no general problem to be raised about the extent of moral demands, there is a pressing need to acknowledge the collectivenature of the demands of beneficence.
Moral Fictionalism and Religious Fictionalism
Atheism is a familiar kind of skepticism about religion. Moral error theory is an analogous kind of skepticism about morality, though less well known outside academic circles. Both kinds of skeptic face a “what next?” question: If we have decided that the subject matter (religion/morality) is mistaken, then what should we do with this way of talking and thinking? The natural assumption is that we should abolish the mistaken topic, just as we previously eliminated talk of, say, bodily humors and unicorns. The fictionalist, however, offers a less obvious recommendation. According to the fictionalist, engaging in the topic in question provides pragmatic benefits that do not depend on its truth-in a way roughly analogous to engaging with a novel or a movie. The religious fictionalist maintains that even if we were atheists, we should carry on talking, thinking, and acting as if religion were true. The moral fictionalist maintains a similar view regarding moral talk, thought, and action. Both forms of fictionalism face serious challenges. Some challenges can be levelled at either form of fictionalism (or at any form of fictionalism), whereas others are problems unique to moral fictionalism or to religious fictionalism. There are important questions to be asked about the relationship between these two kinds of fictionalism. Could moral fictionalism be plausible even if religious fictionalism is not (or vice versa)? This is a volume of thirteen previously unpublished papers on the topics of religious fictionalism, moral fictionalism, and the relation between these views.
The Moral Universe
by Prof Russ Shafer-Landau Prof John Bengson Prof Terence CuneoThe Moral Universe explores central questions in metaethics concerning the nature of moral reality, its fundamental laws, its relation to the natural world, and its normative authority. It employs a novel philosophical method to offer the most sustained and sophisticated development of nonnatural moral realism to date. The authors advance new ways of answering these questions, contending that moral standards regarding what to do and how to be are not only objectively authoritative, but essentially so. Rather than arising from personal schemes or collective ideals, morality flows from the nature of things. One of the principal aims of the book is to show how this view accommodates and explains a wide range of data concerning the metaphysical and normative dimensions of morality. Along the way, the book offers novel characterizations of moral realism and nonnaturalism, defends and explains the existence of substantive moral conceptual truths, supplies a new treatment of moral supervenience, substantiates the categoricity and importance of moral reasons, and presents a strategy for identifying the source of morality. Exemplifying a commitment to the integrity of moral philosophy, The Moral Universe also tackles fundamental issues in value theory and normative ethics in the service of developing a systematic, explanatorily potent version of nonnaturalist realism.
Morality And Cultural Differences
by John W. CookThe scholars who defend or dispute moral relativism, the idea that a moral principle cannot be applied to people whose culture does not accept it, have concerned themselves with either the philosophical or anthropological aspects of relativism. This study shows that in order to arrive at a definitive appraisal of moral relativism, it is necessary to understand and investigate both its anthropological and philosophical aspects. Carefully examining the arguments for and against moral relativism, Cook exposes not only that anthropologists have failed in their attempt to support relativism with evidence of cultural differences, but that moral absolutists have been equally unsuccessful in their attempts to refute it. He argues that these conflicting positions are both guilty of an artificial and unrealistic view of morality and proposes a more subtle and complex account of morality.
Morality and Socially Constructed Norms
by Laura ValentiniObserve social distancing. Tip your waiter. Give priority to the elderly. Stop at the red light. Pay your taxes. Do not chew with your mouth open. These are imperatives we face every day, imposed upon us by norms that happen to be generally accepted in our environment. Call these 'socially constructed norms'. A constant presence in our lives, these norms elicit mixed feelings. On the one hand, we treat them as valid standards of behaviour and respond to their violation with emotions such disapproval, resentment, and guilt. On the other hand, we look at them with suspicion: after all, they are arbitrary human constructs that may contribute to oppression and injustice. In light of this ambivalence, it is important to have a criterion telling us when, if ever, we are morally bound by socially constructed norms and when we should instead disregard them. Morality and Socially Constructed Norms systematically develops such a criterion. It traces the moral significance of those norms to the agential commitments that underpin them, and explains why those commitments ought to be respected, provided the content of the corresponding norms is consistent with independent moral constraints. The book then explores the implications of this view for three core questions in moral, legal, and political philosophy: the grounding of moral rights, the obligation to obey the law, and the wrong of sovereignty violations. Morality and Socially Constructed Norms shows how much progress can be made in normative theorizing when we give socially constructed norms their (moral) due.
Morality in Evolution: The Moral Philosophy of Henri Bergson
by Idella J. GallagherLes Deux Sources de la Morale et de la Religion is not a book to leave one indifferent. Those who are persuaded by its argument or inspired by its message are prone to manifest the same enthusiasm as Georges Cattaui who praised it as one of the greatest and wisest books conceived by philo sophers. Even those who take exception to the doctrine it expounds are impelled to acknowledge its significance. It was in his critique of Les Deux Sources that Jacques Maritain was moved to call the philosophy of Henri Bergson one of the most daring and profound of our time. When many years ago I opened Les Deux Sources for the first time, I turned out of curiosity to the last page and beheld these words, "l'univers ... est une machine it faire des dieux." Bergson was an evolutionist, but surely this was no ordinary evolutionist speaking, I thought. What must be the moral philosophy of a man who would write these words? When much later I undertook the present study, it was this same question which con cerned me.