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The Standard of Review before the International Court of Justice: Between Principle and Pragmatism (Studies in International Law)
by Felix FouchardThis book examines how the International Court of Justice (ICJ) reviews State behaviour through the prism of the standard of review. It develops a novel rationale to support the ICJ's application of deferential standards of review as a judicial avoidance technique, based on strategic considerations. It then goes on to empirically assess all 31 decisions of the Court in which the standard of review was at issue, showing how the Court determines that standard, and answering the question of whether it varies its review intensity strategically.As a result, the book's original contribution is two-fold: establishing a new rationale for judicial deference (that can be applied to all international courts and tribunals); and providing the first comprehensive, empirical analysis of the ICJ's standards of review. It will be beneficial to all scholars of the Court and those interested in judicial strategy.
Standards for the Control of Algorithmic Bias: The Canadian Administrative Context
by Natalie Heisler Maura R. GrossmanGovernments around the world use machine learning in automated decision-making systems for a broad range of functions. However, algorithmic bias in machine learning can result in automated decisions that produce disparate impact and may compromise Charter guarantees of substantive equality. This book seeks to answer the question: what standards should be applied to machine learning to mitigate disparate impact in government use of automated decision-making? The regulatory landscape for automated decision-making, in Canada and across the world, is far from settled. Legislative and policy models are emerging, and the role of standards is evolving to support regulatory objectives. While acknowledging the contributions of leading standards development organizations, the authors argue that the rationale for standards must come from the law and that implementing such standards would help to reduce future complaints by, and would proactively enable human rights protections for, those subject to automated decision-making. The book presents a proposed standards framework for automated decision-making and provides recommendations for its implementation in the context of the government of Canada’s Directive on Automated Decision-Making. As such, this book can assist public agencies around the world in developing and deploying automated decision-making systems equitably as well as being of interest to businesses that utilize automated decision-making processes.
Standards for the Control of Algorithmic Bias: The Canadian Administrative Context
by Natalie Heisler Maura R. GrossmanGovernments around the world use machine learning in automated decision-making systems for a broad range of functions. However, algorithmic bias in machine learning can result in automated decisions that produce disparate impact and may compromise Charter guarantees of substantive equality. This book seeks to answer the question: what standards should be applied to machine learning to mitigate disparate impact in government use of automated decision-making? The regulatory landscape for automated decision-making, in Canada and across the world, is far from settled. Legislative and policy models are emerging, and the role of standards is evolving to support regulatory objectives. While acknowledging the contributions of leading standards development organizations, the authors argue that the rationale for standards must come from the law and that implementing such standards would help to reduce future complaints by, and would proactively enable human rights protections for, those subject to automated decision-making. The book presents a proposed standards framework for automated decision-making and provides recommendations for its implementation in the context of the government of Canada’s Directive on Automated Decision-Making. As such, this book can assist public agencies around the world in developing and deploying automated decision-making systems equitably as well as being of interest to businesses that utilize automated decision-making processes.
The State and New Cinema in Contemporary India: 1960–1997
by Sudha TiwariThis book examines the relationship between the newly independent Indian state and its New Cinema movement. It looks at state formative practices articulating themselves as cultural policy. It presents an institutional history of the Film Finance Corporation (FFC), later the National Film Development Corporation (NFDC), and their patronage of the New Cinema in India, from the 1960s to the 1990s, bringing into focus an extraordinary but neglected cultural moment in Indian film history and in the history of contemporary India. The chapters not only document the artistic pursuit of cinema, but also the emergence of a larger field where the market, political inclinations of the Indian state, and the more complex determinants of culture intersect — how the New Cinema movement faced external challenges from the industrial lobby and politicians, as well as experienced deep rifts from within. It also shows how the Emergency, the Janata Party regime, economic liberalization, and the opening of airwaves all left their impact on the New Cinema. The volume will be of great interest to scholars and researchers of film studies, politics and public policy, especially cultural policy, media and culture studies, and South Asian studies.
The State and New Cinema in Contemporary India: 1960–1997
by Sudha TiwariThis book examines the relationship between the newly independent Indian state and its New Cinema movement. It looks at state formative practices articulating themselves as cultural policy. It presents an institutional history of the Film Finance Corporation (FFC), later the National Film Development Corporation (NFDC), and their patronage of the New Cinema in India, from the 1960s to the 1990s, bringing into focus an extraordinary but neglected cultural moment in Indian film history and in the history of contemporary India. The chapters not only document the artistic pursuit of cinema, but also the emergence of a larger field where the market, political inclinations of the Indian state, and the more complex determinants of culture intersect — how the New Cinema movement faced external challenges from the industrial lobby and politicians, as well as experienced deep rifts from within. It also shows how the Emergency, the Janata Party regime, economic liberalization, and the opening of airwaves all left their impact on the New Cinema. The volume will be of great interest to scholars and researchers of film studies, politics and public policy, especially cultural policy, media and culture studies, and South Asian studies.
Statehood as Political Community: International Law and the Emergence of New States (ASIL Studies in International Legal Theory)
by null Alex GreenAlex Green argues that states arise under contemporary international law only when two abstract conditions are fulfilled. First, emerging states must constitute 'genuine political communities': collectives within which particular kinds of ethically valuable behaviour are possible. Second, such communities must emerge in a manner consistent with the ethical importance of individual political action. This uniquely 'Grotian' theory of state creation provides a clear legal framework comprising four factual 'antecedents' and five procedural principles, rendering the law of statehood both coherent and normatively attractive.
States, Firms, and Their Legal Fictions: Attributing Identity and Responsibility to Artificial Entities (ASIL Studies in International Legal Theory)
by Melissa J. DurkeeThis volume offers a new point of entry into questions about how the law conceives of states and firms. Because states and firms are fictitious constructs rather than products of evolutionary biology, the law dictates which acts should be attributed to each entity, and by which actors. Those legal decisions construct firms and states by attributing identity and consequences to them. As the volume shows, these legal decisions are often products of path dependence or conceptual metaphors like “personhood” that have expanded beyond their original uses. Focusing on attribution, the volume considers an array of questions about artificial entities that are usually divided into doctrinal siloes. These include questions about attribution of international legal responsibility to states and state-owned entities, transnational attribution of liabilities to firms, and attribution of identity rights to corporations. Durkee highlights the artificiality of doctrines that construct firms and states, and therefore their susceptibility to change.
States of Emergency and Human Rights Protection: The Theory and Practice of the Visegrad Countries
by Monika Florczak-Wątor, Fruzsina Gárdos-Orosz, Jan Malíř, and Max SteuerEmergencies are ubiquitous in 21st-century societal discourses. From the rise of emergency pronouncements in the United States since 9/11 accompanied by the associated violations of fundamental rights, through talks of ‘crises’ in the EU in relation to the economy, Putin’s occupation of Crimea (as recently amplified by the full-scale invasion of Ukraine) or refugees, to the long-neglected looming climate catastrophe, emergency discourses have been catapulted to the centre of attention by the critical juncture of the COVID-19 pandemic. This volume presents and compares the existing regulations and practices of emergencies and human rights protection in the Visegrad (V4) countries. As such, the analysis covers Czech Republic, Hungary, Poland, and Slovakia. Although these European countries share a common historical experience and are now members of the EU and NATO, they differ in some of their constitutional traditions and, also, in the dynamics of their political regimes. Divided into three parts, the first two comprehensively discuss the constitutional models of emergency and human rights protection in each of the V4 countries, while the third part illustrates how these models and the general framework of rights protection materialised in the limitations of the selected human rights during the COVID-19 pandemic. The volume provides a compass for more in-depth, comparative, and interdisciplinary inquiries into the forms and practices of emergencies in one of the EU regions that faces illiberalisation and the consequences of the ongoing invasion of Ukraine by the Russian Federation on its eastern borders. It will be a valuable resource for academics, researchers, and policymakers working in the areas of Constitutional Law and Politics.
States of Emergency and Human Rights Protection: The Theory and Practice of the Visegrad Countries
Emergencies are ubiquitous in 21st-century societal discourses. From the rise of emergency pronouncements in the United States since 9/11 accompanied by the associated violations of fundamental rights, through talks of ‘crises’ in the EU in relation to the economy, Putin’s occupation of Crimea (as recently amplified by the full-scale invasion of Ukraine) or refugees, to the long-neglected looming climate catastrophe, emergency discourses have been catapulted to the centre of attention by the critical juncture of the COVID-19 pandemic. This volume presents and compares the existing regulations and practices of emergencies and human rights protection in the Visegrad (V4) countries. As such, the analysis covers Czech Republic, Hungary, Poland, and Slovakia. Although these European countries share a common historical experience and are now members of the EU and NATO, they differ in some of their constitutional traditions and, also, in the dynamics of their political regimes. Divided into three parts, the first two comprehensively discuss the constitutional models of emergency and human rights protection in each of the V4 countries, while the third part illustrates how these models and the general framework of rights protection materialised in the limitations of the selected human rights during the COVID-19 pandemic. The volume provides a compass for more in-depth, comparative, and interdisciplinary inquiries into the forms and practices of emergencies in one of the EU regions that faces illiberalisation and the consequences of the ongoing invasion of Ukraine by the Russian Federation on its eastern borders. It will be a valuable resource for academics, researchers, and policymakers working in the areas of Constitutional Law and Politics.
States of Health: The Ethics and Consequences of Policy Variation in a Federal System
by Leslie P. Francis John G. FrancisIs it morally or politically acceptable to have wide differences in the quality of health care when one crosses a state line? Federalism in the United States has been defended as a political structure that enables people to coexist in a single polity despite deep disagreements about some of the most fundamental aspects of human life. This federalism of the compound republic of the United States can create space for difference and latitude for innovation, and its flexibility in levels of policy enactment can allow for fruitful state-level experimentation, especially in the areas of health and health care, which has long been celebrated. However, when federalism results in significant differences in health care availability within a single country-with abortion being the tip of the iceberg of these differences, albeit a very pointed one-it can generate enormous ethical challenges for health care providers and their patients. These challenges often engender questions of what should be considered an enduring right: Which freedoms should transcend borders? States of Health identifies the practical relevance of federalism to people facing ethical decisions about health and health care, and it considers the theoretical justifications for permissible differences among states. It asks whether authority over important aspects of health is misaligned in the United States today, with some matters problematically left to the states while others are taken over by the federal government. Health care is a basic good, central to the ability of people to flourish. If state policies result in a landscape where residents of some states can flourish in ways that residents of other states cannot, the mutuality of a federal union might be threatened. States of Health reminds us that there are some divisions that a nation cannot endure.
Steuerlehre 2 Rechtslage 2023: Einkommensteuer, Körperschaftsteuer, Gewerbesteuer, Bewertungsgesetz und Erbschaftsteuer (Bornhofen Steuerlehre 2 LB)
by Manfred Bornhofen Martin C. BornhofenFür die Aus- und Fortbildung in steuer- und wirtschaftsberatenden Berufen ist die Verlässlichkeit steuerrechtlicher Aussagen von höchster Bedeutung. Um dies zu gewährleisten, erscheint die Steuerlehre 2 mit ihren Ertragsteuerthemen in seit Jahrzehnten bewährter Konzeption im Februar eines jeden Jahres mit dem vollständigen Rechtsstand des Vorjahres. Der übersichtlich aufbereitete Lernstoff wird durch regelmäßige Erfolgskontrollen mit Wiederholungsfragen und Übungsaufgaben sinnvoll unterteilt und didaktisch vertieft.Die 44., überarbeitete Auflage berücksichtigt die bis zum 31.12.2023 relevanten Aktualisierungen, neben neuen BMF-Schreiben, aktualisierten Verordnungen, aktueller Rechtsprechung insbesondere das Jahressteuergesetz 2022, das Vierte Corona-Steuerhilfegesetz, das Inflationsausgleichsgesetz, das Kreditzweitmarktförderungsgesetz sowie den Entwurf des Wachstumschancengesetzes und sonstige Änderungen. Darüber hinaus wird ein Ausblick auf die Rechtslage 2024 geboten.Aktuell mit der Lern-App Springer Nature Flashcards + eBook inside!Die Steuerlehre 2 bietet Ihnen freien Zugang zu der Lern-App Springer Nature Flashcards. Diese App ermöglicht Ihnen interaktives Lernen und unterstützt Sie mit zusätzlichen Fragen beim Erfassen und Wiederholen der Lerninhalte. Zudem erscheint die gesamte Bornhofen Edition mit eBook inside, um Ihnen das digitale Arbeiten (z.B. durch Verlinkung mit weiterführenden Materialien) zu erleichtern – relevante und innovative Mehrwerte für alle Lehrenden und Lernenden.Steuerlehre 1 und Buchführung 1 erscheinen der laufenden Rechtslage angepasst stets im Juni, Steuerlehre 2 und Buchführung 2 mit dem vollständigen Rechtsstand des Vorjahres stets im Februar eines jeden Kalenderjahres.Begleitend zum Lehrbuch ist auch ein Lösungsbuch mit weiteren Prüfungsaufgaben und Lösungen zur Rechtslage des Jahres 2023 (ISBN 978-3-658-43314-7) erhältlich.
Steuerstrafrecht (Springer-Lehrbuch)
by Dennis Bock Friedrich Sebastian FülscherDieses Buch enthält – insbesondere für Studierende, aber auch Berufseinsteiger – eine Einführung in das Steuerstrafrecht sowohl in materieller als auch verfahrensrechtlicher Hinsicht. Die Autoren aus Wissenschaft und Praxis verbinden ihre Erfahrungen zu einem mit zahlreichen Beispielsfällen (vornehmlich aus der aktuellen Rechtsprechung) versehenen Lehrwerk, welches sich zum Ziel setzt, eine auf den ersten Blick nicht leicht zugängliche Materie einprägsam darzustellen.
The Stoic Mindset: 10 Ancient Lessons for Modern Life
by Mark TuitertDiscover how the ancient wisdom of the Stoics provides the essential tools you need to navigate the modern world.'Relatable and inspiring ... Get ready to be motivated to live a more Stoic life' - Donald Robertson, author of How to Think Like a Roman EmperorElite sportsman Mark Tuitert used the principles of Stoic philosophy to become an Olympic gold medallist, champion athlete and successful entrepreneur, overcoming a series of challenges in his professional and private life. Now, in this internationally bestselling book, he lays out the ten practical lessons through which anyone, in any situation, can develop a Stoic mindset.Applying the teachings of the Stoic masters, including Marcus Aurelius, Seneca and Epictetus to the twenty-first century, Tuitert empowers you to discover how Stoicism can change your life and help you reach your full potential. He distils thousands of years of Stoic philosophy into ten short principles, with takeaways at the end of each chapter to help readers turn theory into practice – from making major life decisions to sharing goals, from fostering teamwork to handling emotions.With this book as your guide, you will become trained in the art of finding fulfilment in a chaotic and unpredictable world, developing a mindset for a more robust, balanced and happier way of being.
Stones and Lives: The Ethics of Protecting Heritage in War
by Helen Frowe Derek MatraversThe fate of heritage in war has attracted considerable attention in recent years, due in no small part to ISIS's campaign of destruction across the Middle East and, in 2012, the International Criminal Court's first prosecution of heritage destruction as a war crime. Regular armed forces have been criticised for both failing to protect and damaging heritage sites. In response, heritage organisations urge the better implementation of existing international laws on heritage protection in war. This book argues that any such law or policy will require combatants to choose between safeguarding heritage and safeguarding other goods, including human life. It thus challenges the view, repeatedly expressed by heritage professionals, that the choice between protecting heritage and protecting lives is a false dichotomy. Existing international law not only implies such choices but also, more worryingly, gives no indication of how they should be resolved. Drawing on contemporary work on the ethics of war, this book develops an account of the permissible protection of heritage in war. It argues that heritage is not morally special; rather, heritage is one of many goods that contribute to individuals' lives going well and that we routinely trade off against each other. By drawing on these more familiar dilemmas, we can make progress on how to balance the protection of heritage against risks to human life. Amongst other things, the book considers the different ways in which heritage might contribute to individual flourishing, the role of consent in justifying the imposition of risk on combatants and civilians, the permissibility of forcefully defending heritage and what, if anything, could compensate for the loss of heritage in war.
The Straight Bill of Lading
by Michiel SpanjaartThe bill of lading has been the subject of numerous articles, dissertations, and textbooks over the years, and this is hardly surprising. The bill of lading has a fascinating history, it has several functions with roots in both contract and property law, and its issuance may trigger the application of an international convention on the carriage of goods by sea, the Hague–Visby Rules. Whereas most books on the subject deal with the bill of lading in general, this book zooms in on the straight bill of lading and covers the differences (and similarities) with a negotiable (order or bearer) bill of lading.
The Straight Bill of Lading
by Michiel SpanjaartThe bill of lading has been the subject of numerous articles, dissertations, and textbooks over the years, and this is hardly surprising. The bill of lading has a fascinating history, it has several functions with roots in both contract and property law, and its issuance may trigger the application of an international convention on the carriage of goods by sea, the Hague–Visby Rules. Whereas most books on the subject deal with the bill of lading in general, this book zooms in on the straight bill of lading and covers the differences (and similarities) with a negotiable (order or bearer) bill of lading.
Strategic Litigation and Corporate Complicity in Crimes Under International Law: A TWAIL Analysis
by Kalika MehtaThis book provides a comprehensive account of how non-state actors rely on international criminal law as a tool in the service of progressive political causes. The argument that international criminal law and its institutions serve as an instrument in the hands of a few powerful states, and that its practice is characterized by double standards and selectivity, has received considerable attention. This book, however, focuses on a practice that is informed by this argument. Its focus is on an alternative practice within international criminal law, where non-state actors navigate what critical scholars call a structurally biased legal system, in order to achieve long-term political objectives. Innovatively, the book combines the concerns expressed by Third World Approaches to International Law with strategic litigation that focuses on the accountability of corporations for their complicity in crimes under international law. Analysing this litigation, the book demonstrates that, while it is crucial to highlight the blind spots of the international criminal legal framework, it is also important to take into account the practice of non-state actors engaged in leveraging its emancipatory potential. This original analysis of the implementation and legitimacy of international criminal law will be of interest to a wide range of scholars and activists working in relevant areas of law, politics, criminology and international relations.
Strategic Litigation and Corporate Complicity in Crimes Under International Law: A TWAIL Analysis
by Kalika MehtaThis book provides a comprehensive account of how non-state actors rely on international criminal law as a tool in the service of progressive political causes. The argument that international criminal law and its institutions serve as an instrument in the hands of a few powerful states, and that its practice is characterized by double standards and selectivity, has received considerable attention. This book, however, focuses on a practice that is informed by this argument. Its focus is on an alternative practice within international criminal law, where non-state actors navigate what critical scholars call a structurally biased legal system, in order to achieve long-term political objectives. Innovatively, the book combines the concerns expressed by Third World Approaches to International Law with strategic litigation that focuses on the accountability of corporations for their complicity in crimes under international law. Analysing this litigation, the book demonstrates that, while it is crucial to highlight the blind spots of the international criminal legal framework, it is also important to take into account the practice of non-state actors engaged in leveraging its emancipatory potential. This original analysis of the implementation and legitimacy of international criminal law will be of interest to a wide range of scholars and activists working in relevant areas of law, politics, criminology and international relations.
Strategische Wahrheiten: Desinformation und Postfakten in der strategischen Kommunikation
by Olaf Hoffjann Lucas Seeber Ina von der WenseStrategische Kommunikation zielt mit ihren kontingenten Wirklichkeitsbeschreibungen seit jeher auf gesellschaftliche Wahrheitsmodelle. Wie häufig gesellschaftliche Wahrheitsmodelle auf strategische Kommunikationsbemühungen zurückgehen, auf Unwahrhaftigkeit beruhen und damit zumindest zeitweise zu strategischen Wahrheiten werden, zeigen eindrucksvoll zwischenzeitlich geglaubte Wahrheiten, die sich als Lüge entpuppt haben: von Walter Ulbrichts „Niemand hat die Absicht, eine Mauer zu errichten“ über Hitlers Tagebücher bis hin zu den Massenvernichtungswaffen im Irak. Die erfolgreichen Kampagnen der Brexiteers und von Donald Trump 2016 haben diesem Thema zu neuer und bislang ungeahnter Aufmerksamkeit verholfen. Während die Themen Desinformation und postfaktische Gesellschaft die Journalismus-, politische Kommunikations- und Medienethikforschung aktuell zu dominieren scheinen, ist das Schweigen der deutschsprachigen und internationalen PR- und Organisationskommunikationsforschung auffällig. Dies ist umso bemerkenswerter, weil die PR-Wissenschaft in der Vergangenheit immer wieder versucht hat, ihren Gegenstand zu schärfen, indem sie sich am Begriff der Propaganda abgearbeitet hat. Daraus müsste eigentlich eine Affinität für das Thema Desinformation resultieren. Aber genau das Gegenteil ist offensichtlich der Fall: Hat sich die PR-Wissenschaft gerade deshalb nicht mit Desinformation beschäftigt, weil sie sich so dezidiert von Propaganda und darin eingeschlossenen desinformierenden und manipulativen Techniken abgrenzen will? Was sind die Gründe hierfür? Glauben wir, bereits alles zum Thema gesagt zu haben? Liegt dies daran, dass sich die PR- und Organisationskommunikationsforschung seit jeher vor allem für Unternehmen und weniger für politische und Non-Profit-Organisationen interessiert? Oder fühlen wir uns hier schlicht und ergreifend nicht zuständig? Es scheint offenkundig höchste Zeit zu sein, sich wieder eingehend mit Fragen der Desinformation aus der Perspektive der strategischen Kommunikationsforschung zu befassen. Die Beiträge des Tagungsbandes fokussieren hierzu auf neue theoretische Perspektiven, normative Bewertungen und empirische Befunde.
Strategy and Leadership as Service: How the Access Economy Meets the C-Suite
by Sara DawStrategy and Leadership as Service isn’t just a nice idea; it is a practical, alternative vision of the future of work for senior executives that is starting to gain significant interest and is being adopted by businesses globally. Disrupting and challenging the traditional full-time employment model, the Strategy and Leadership as Service framework provides businesses with access to the complete range of functional, emotional, and collective intelligence at the C-suite level by moving their positions from the “pay-roll” to an “access-role.”Many entrepreneurial and growing businesses don’t need, don’t want, and can’t afford full-time C-suite executives. For larger organisations, it is becoming harder to find the skills and knowledge required to fulfil all the obligations of a functional C-suite with a fixed group of individuals. By moving to the Strategy and Leadership as Service framework, the outcomes are better for all stakeholders: more engagement, access to the right skillsets and mindsets at the right time and in the right quantity to match the changing business agenda, more flexibility for senior leaders, and strengthened risk management. Through presenting a working business model, and real-world case studies throughout, this book provides executives and leaders with a complete understanding of this ground-breaking approach and its key benefits, the theory upon which it is based, its essential ingredients, the mindset change required and, most importantly, how to apply it in practice.The book provides business leaders, C-suite portfolio executives, human resource professionals, strategy consultants, leadership coaches, organisational development consultants, recruiters, professional service firms, academics, and forward-thinking business students with a radical new view of how the access economy can be applied to business strategy and leadership for more sustainable futures.
Strategy and Leadership as Service: How the Access Economy Meets the C-Suite
by Sara DawStrategy and Leadership as Service isn’t just a nice idea; it is a practical, alternative vision of the future of work for senior executives that is starting to gain significant interest and is being adopted by businesses globally. Disrupting and challenging the traditional full-time employment model, the Strategy and Leadership as Service framework provides businesses with access to the complete range of functional, emotional, and collective intelligence at the C-suite level by moving their positions from the “pay-roll” to an “access-role.”Many entrepreneurial and growing businesses don’t need, don’t want, and can’t afford full-time C-suite executives. For larger organisations, it is becoming harder to find the skills and knowledge required to fulfil all the obligations of a functional C-suite with a fixed group of individuals. By moving to the Strategy and Leadership as Service framework, the outcomes are better for all stakeholders: more engagement, access to the right skillsets and mindsets at the right time and in the right quantity to match the changing business agenda, more flexibility for senior leaders, and strengthened risk management. Through presenting a working business model, and real-world case studies throughout, this book provides executives and leaders with a complete understanding of this ground-breaking approach and its key benefits, the theory upon which it is based, its essential ingredients, the mindset change required and, most importantly, how to apply it in practice.The book provides business leaders, C-suite portfolio executives, human resource professionals, strategy consultants, leadership coaches, organisational development consultants, recruiters, professional service firms, academics, and forward-thinking business students with a radical new view of how the access economy can be applied to business strategy and leadership for more sustainable futures.
Structural Violence: The Makings of Settler Colonial Impunity
by Elena Ru?zEnduring social inequalities in settler colonial societies are not an accident. They are produced and maintained by the self-repairing structural features and dynastic character of systemic racism and its intersecting oppressions. Using methods from diverse anticolonial liberation movements and systems theory, Structural Violence theorizes the existence of adaptive and self-replicating historical formations that underwrite cultures of violence in settler colonial societies. Corresponding epistemic forces tied to profit and wealth accumulation for beneficiary groups often go untracked. The account offered here argues that these epistemic forces play a central role in producing and maintaining massive health inequalities and the maldistribution of disease burdens?including those associated with sexual violence?for marginalized populations. It upends the widespread view that structural racism can be dismantled without addressing gendered violence. It also advocates for a theory of change rooted in reparative action and models of structural competency that respond to the built-in design of structural violence and the ecosystems of impunity that allow it to thrive.
The Structure of Ideas: Mapping a New Theory of Free Expression in the AI Era
by Jared SchroederIn his historic 1919 dissent, Justice Oliver Wendell Holmes named, and thus catalyzed the creation of, the marketplace of ideas. This conceptual space has, ever since, been used to give shape to American constitutional notions of the freedom of expression. It has also eluded clear definition, as jurists and scholars have contested its meaning for more than a century. In The Structure of Ideas, Jared Schroeder takes on the task of mapping the various iterations of the marketplace, from its early foundations in Enlightenment beliefs in universal truths and rational actors, to its increasingly expansive parameters for protecting expression in the arenas of commercial, corporate, and online speech. Schroeder contends that in today's information landscape, marked by the rapid emergence of artificial intelligence, the marketplace is failing to provide a space where truths succeed and falsity fails. AI and networked technologies have thoroughly overpowered all traditional pictures of the marketplace up to now. Schroeder proposes various theoretical interventions that would revise the marketplace for the current moment, and concludes by describing a new space built around algorithms, AI, and virtual communication.
The Structure of Ideas: Mapping a New Theory of Free Expression in the AI Era
by Jared SchroederIn his historic 1919 dissent, Justice Oliver Wendell Holmes named, and thus catalyzed the creation of, the marketplace of ideas. This conceptual space has, ever since, been used to give shape to American constitutional notions of the freedom of expression. It has also eluded clear definition, as jurists and scholars have contested its meaning for more than a century. In The Structure of Ideas, Jared Schroeder takes on the task of mapping the various iterations of the marketplace, from its early foundations in Enlightenment beliefs in universal truths and rational actors, to its increasingly expansive parameters for protecting expression in the arenas of commercial, corporate, and online speech. Schroeder contends that in today's information landscape, marked by the rapid emergence of artificial intelligence, the marketplace is failing to provide a space where truths succeed and falsity fails. AI and networked technologies have thoroughly overpowered all traditional pictures of the marketplace up to now. Schroeder proposes various theoretical interventions that would revise the marketplace for the current moment, and concludes by describing a new space built around algorithms, AI, and virtual communication.
The Struggle over Law in Europe (ISSN)
by Aldo SandulliThis book examines the role of law in Europe at a time when economic policies have become dominant not only on this continent but globally. Can law be seen as a mere infrastructure? Or does it contribute to defining the social and legal order through its own inherent rules? If the second hypothesis is true, what might these rules be, and how may they be identified? Lastly, to what extent can agreeing a definition of the role of law affect the future of Europe? With the Next Generation European Union, the EU has introduced an unprecedented investment plan for economic recovery and resilience. In doing so, it has become the most important financial intermediary on the continent. But is this simply the prelude to a European economic and financial revival, or does it also aim to strengthen the European legal order in social, political, and constitutional terms? This book argues that the role of law in Europe should be to achieve a balanced relationship between freedom and solidarity; encouraging economic competition, but also social cohesion. Analyzing the role of law in the project of European integration, it maintains that law should be more than an infrastructure for finance and economics, showing how it can act as a guide and a binding force to achieve a more balanced relationship between economics, politics, and law. This book will be of interest to scholars in the fields of public law, European law, law and economics, the philosophy of law, legal history, political theory, and political science, as well as others concerned with the future of European integration.