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Theories of Legal Obligation (Law and Philosophy Library #146)
by Deryck Beyleveld Stefano BerteaThis volume collects six original essays by internationally respected researchers who have devoted themselves to the study of legal obligation. It brings together works that innovatively address key dimensions of the current debates concerning legal obligation from different and, in some cases, even opposing theoretical perspectives. As a result, the collection offers a comprehensive discussion of legal obligation that promises to significantly advance our understanding of the obligatory dimension of law. What specifically connects the contributions gathered here is one common thread: coming to terms with a notion – legal obligation – that is of both practical and theoretical importance. On the one hand, it is widely regarded as a fundamental legal concept by legal practitioners and laypeople alike, as not only judges, prosecutors, lawyers, and juries but also ordinary citizens make extensive use of obligation-related terms and discourses. On the other hand, the notion of legal obligation is of paramount significance for the theory of law. Indeed, even legal theorists who, quite understandably, refuse to reduce the law to a mere obligation-imposing device and opt instead for a view in which the normative dimension of the law also encompasses powers, rights, permissions, privileges and immunities, duly acknowledge the centrality of legal obligation for the understanding and conceptualisation of law. Hence the importance of the treatments presented in this volume.
Theorizing Legal Punishment (Routledge Research in Legal Philosophy)
by Richard L. LippkeThis book systematically defends an account of the institution of legal punishment that draws on both retributive and crime-prevention thinking. The work argues that legal punishment censures convicted offenders and thus morally communicates with them, any victims, and the broader community, while also serving to reduce future crime. The expressive or retributive element is assigned the lead role in this mixed account because it better captures the notion that members of society are to be held morally accountable for their failures to abide by defensible criminal prohibitions of various kinds. Despite this, it is conceded that the reduction of crime plays a vital role in justifying the institution of legal punishment and the book contains extended discussion of how and why this is so. Beyond its explication of the aims of legal punishment and their respective roles within a mixed theory, the study devotes separate chapters to sentencing, criminal procedure, and the imposition of fees and collateral legal consequences on individuals who have been convicted of crimes and fully served their sentences. In these ways, the work moves beyond discussion of the abstract aims of legal punishment to details of the institution’s internal structure and operations. The many historical deficiencies and failures of the institution are duly noted and the challenges they pose for punishment theorizing are examined. The book closes with discussion of the limited success of punishment institutions in apprehending, convicting, and punishing those who violate the law, including many who do so in serious ways. Alternatives to reliance on legal punishment institutions are briefly examined. In the end, retention of such institutions is urged although it is suggested that we ought to have modest expectations about their ultimate success. The work will be of interest to those working in the areas of Legal Philosophy and Criminology.
Theorizing Legal Punishment (Routledge Research in Legal Philosophy)
by Richard L. LippkeThis book systematically defends an account of the institution of legal punishment that draws on both retributive and crime-prevention thinking. The work argues that legal punishment censures convicted offenders and thus morally communicates with them, any victims, and the broader community, while also serving to reduce future crime. The expressive or retributive element is assigned the lead role in this mixed account because it better captures the notion that members of society are to be held morally accountable for their failures to abide by defensible criminal prohibitions of various kinds. Despite this, it is conceded that the reduction of crime plays a vital role in justifying the institution of legal punishment and the book contains extended discussion of how and why this is so. Beyond its explication of the aims of legal punishment and their respective roles within a mixed theory, the study devotes separate chapters to sentencing, criminal procedure, and the imposition of fees and collateral legal consequences on individuals who have been convicted of crimes and fully served their sentences. In these ways, the work moves beyond discussion of the abstract aims of legal punishment to details of the institution’s internal structure and operations. The many historical deficiencies and failures of the institution are duly noted and the challenges they pose for punishment theorizing are examined. The book closes with discussion of the limited success of punishment institutions in apprehending, convicting, and punishing those who violate the law, including many who do so in serious ways. Alternatives to reliance on legal punishment institutions are briefly examined. In the end, retention of such institutions is urged although it is suggested that we ought to have modest expectations about their ultimate success. The work will be of interest to those working in the areas of Legal Philosophy and Criminology.
Theory of Obligations in International Law (Routledge Research in International Law)
by Cezary MikExamining the fulfilment of international obligations by subjects of this law, this book explores the normative and functional links between the sources and rules of international law on the one hand, and the responsibility for violating international law on the other. In the sphere of law-making, the theory of obligations allows for a more precise and considered formulation of international obligations. It has the potential to enable subjects of international law to behave more rationally, allowing deeper reflection on whether to take on obligations and how to properly perform them. This book proposes a new approach to the issue of the proper operation of international law, with the theory of obligations at its heart. Linking the institutions and concepts of international law into a rational whole, the book offers an analysis of the operation of international law and the behaviour of its subjects to develop a framework for ensuring the ultimate effectiveness of international law. Analysing sources of law including treaties and common law, alongside the resolutions of international organisations, this book demonstrates the practical application of the subject with reference to the jurisprudence of international courts and other bodies. The volume will be of interest to scholars, students, and practitioners concerned with international law – its creation, performance, application, compliance, and enforcement.
Theory of Obligations in International Law (Routledge Research in International Law)
by Cezary MikExamining the fulfilment of international obligations by subjects of this law, this book explores the normative and functional links between the sources and rules of international law on the one hand, and the responsibility for violating international law on the other. In the sphere of law-making, the theory of obligations allows for a more precise and considered formulation of international obligations. It has the potential to enable subjects of international law to behave more rationally, allowing deeper reflection on whether to take on obligations and how to properly perform them. This book proposes a new approach to the issue of the proper operation of international law, with the theory of obligations at its heart. Linking the institutions and concepts of international law into a rational whole, the book offers an analysis of the operation of international law and the behaviour of its subjects to develop a framework for ensuring the ultimate effectiveness of international law. Analysing sources of law including treaties and common law, alongside the resolutions of international organisations, this book demonstrates the practical application of the subject with reference to the jurisprudence of international courts and other bodies. The volume will be of interest to scholars, students, and practitioners concerned with international law – its creation, performance, application, compliance, and enforcement.
Thinking About Medicine: An Introduction to the Philosophy of Healthcare
by David MisselbrookThis introduction to the philosophy of medicine surveys the landscape of western philosophy as it pertains to healthcare in an accessible way. Written by a doctor for doctors and other health professionals, framing the 'toolbox' of philosophy within the community of medicine, it encourages examination of the implicit assumptions made in the construction of medical knowledge and practice.Taking the reader step by step through the concepts that underpin modern philosophy, they will be challenged to reflect upon the premises within clinical practice which might benefit from scrutiny and challenge, including the nature of scientific knowledge, the limits of our biomedical model, the cultural and relational context, and the failure to recognise or manage adequately the fact/value distinction in medicine and healthcare.The book is an ideal textbook for students of medicine and medical philosophy and will also be of interest to bioethicists, medical sociologists, clinical commissioners and to practicing clinicians in medicine and the allied health professions seeking to improve their understanding of philosophy and ethics and sharpen their critical thinking skills.
Thinking About Medicine: An Introduction to the Philosophy of Healthcare
by David MisselbrookThis introduction to the philosophy of medicine surveys the landscape of western philosophy as it pertains to healthcare in an accessible way. Written by a doctor for doctors and other health professionals, framing the 'toolbox' of philosophy within the community of medicine, it encourages examination of the implicit assumptions made in the construction of medical knowledge and practice.Taking the reader step by step through the concepts that underpin modern philosophy, they will be challenged to reflect upon the premises within clinical practice which might benefit from scrutiny and challenge, including the nature of scientific knowledge, the limits of our biomedical model, the cultural and relational context, and the failure to recognise or manage adequately the fact/value distinction in medicine and healthcare.The book is an ideal textbook for students of medicine and medical philosophy and will also be of interest to bioethicists, medical sociologists, clinical commissioners and to practicing clinicians in medicine and the allied health professions seeking to improve their understanding of philosophy and ethics and sharpen their critical thinking skills.
The Third Culture: The Impact of AI on Knowledge, Society and Consciousness in the 21st Century (Sustainable Finance)
by Stefan BrunnhuberWe are currently witnessing the emergence of a ‘third culture’, driven by unprecedented developments that are changing the playing field. These include advances in AI, big data analysis and robotics. The traditional ‘two cultures’ view (S. P. Snow) distinguishes between the sciences and the humanities. The wisdoms these two cultures offer are separated from each other, with little to no interaction or mutual comprehension. However, over the past two decades, and for the first time in human history, a new, third culture has appeared. This new culture, rooted in new technologies, not only pursues its own form of rationality but also supports advances in the original two cultures, deepening and expanding our individual and collective consciousness so that we can see more and do better. It will eventually give rise to new forms of consciousness based not on biochemical signals, but on copper wires and lithium chips. These new machine intelligences will change the world and force us to realise: we are no longer alone. The human species’ position in the twenty-first century will be fundamentally redefined: not as a conductor leading the orchestra, but a single string player within it.
Those People Next Door: Quick Reads 2024
by null Kia AbdullahA Quick Reads story from award winning author Kia Abdullah ‘Abdullah’s legal thrillers make John Grisham seem like a maiden aunt’ Sunday Times Crime Club ‘Intelligent, clever, poignant, sharp, and thought-provoking, right through to the perfect final line. Another sure hit for Kia Abdullah’ Andrea Mara ‘Brilliantly pacey and wonderfully written with a lovely big twist. Highly recommended’ Neil Lancaster * * * You can choose your house. Not your neighbours. WELCOME TO YOUR DREAM HOME…Salma Khatun is extremely hopeful about Blenheim, the safe suburban development to which she, her husband and their son have just moved. Their family is in desperate need of a fresh start, and Blenheim feels like the place to make that happen. MEET YOUR NEW NEIGHBOURS…Not long after they move in, Salma spots her neighbour, Tom Hutton, ripping out the anti-racist banner her son put in their front garden. She chooses not to confront Tom because she wants to fit in. It's a small thing, really. No need to make a fuss. So Salma takes the banner inside and puts it in her window instead. But the next morning she wakes up to find her window smeared with paint. AND PREPARE FOR THE NIGHTMARE TO BEGIN…This time she does confront Tom, and the battle lines between the two families are drawn. As things begin to escalate and the stakes become higher, it's clear that a reckoning is coming… And someone is going to get hurt. A gripping thriller about nightmare neighbours, Those People Next Door explores the loss of innocence and how far we’re prepared to go to defend ourselves and the people we love. * * * Praise for Those People Next Door: ‘This powerful social drama about racism and microaggression in today’s society is a must-read’ Prima ‘A stunning, thought-provoking and morally challenging read. It had me guessing until the ingenious reveal – a world-class story’ Graham Bartlett, author of Bad For Good ‘A tense, clever tale about the seething underbelly of a picture-perfect suburban town’ Country and Town House
The Three Ethologies: A Positive Vision for Rebuilding Human-Animal Relationships (Animal Lives)
by Matthew CalarcoA transformative vision for human-animal relations on personal, social, and environmental levels. The Three Ethologies offers a fresh, affirmative vision for rebuilding human-animal relations. Venturing beyond the usual scholarly and activist emphasis on restricting harm, Matthew Calarco develops a new philosophy for understanding animal behavior—a practice known as ethology—through three distinct but interrelated lenses: mental ethology, which rebuilds individual subjectivity; social ethology, which rethinks our communal relations; and environmental ethology, which reconfigures our relationship to the land we co-inhabit with our animal kin. Drawing on developments in philosophy, (eco)feminist theory, critical geography, Indigenous studies, and the environmental humanities, Calarco casts an inspiring vision of how ethological living can help us to reimagine our ideas about goodness, truth, and beauty.
Tort Law
by Sarah Green Dr Jodi GardnerThe 2nd edition of Green and Gardner's Tort Law textbook provides students with a clear overview of tort law with focus and precision. It includes clear explanations of core legal principles and recent legal developments with lively discussions of key academic perspectives. Extended problem questions, flowcharts and relatable examples help students to understand how law works in a practical context and prepares them for success in assignments and exams. Engaging pedagogical features, such as 'Viewpoint' and 'Making Connections', encourage students to develop their own critical thinking practice and appreciate how tort law interacts with other areas of the core law curriculum.Practical and student-friendly with engaging visual features, Tort Law is an essential companion for all undergraduate tort law modules, for students of all abilities.Accompanying online resources for this title can be found at bloomsbury.pub/tort-law-2e. These resources are designed to support teaching and learning when using this textbook and are available at no extra cost.
Tort Law: Cases and Materials
by Sarah Green Dr Jodi GardnerTort Law: Cases and Materials offers a fresh approach to the study of tort law. It is the essential companion to Green and Gardner's Tort Law textbook.Comprehensively covering the tort law curriculum, the inclusion of extracts from key cases, statutes, newspaper reports and articles demonstrates the law in action. The clear and insightful commentary accompanying each extract explains the significance of each and provides students with an enhanced understanding of the material, ensuring they can respond with depth and analysis in their essay questions.In addition to the standard and oft-cited materials, the expert authors have selected alternative voices, including feminist approaches, socio-legal perspectives and comparative material from multiple international jurisdictions. This provides students with a thorough and wide-ranging examination of tort law.Accompanying online resources for this title can be found at bloomsbury.pub/tort-law-2e. These resources are designed to support teaching and learning when using this book and are available at no extra cost.
Tort Litigation against Transnational Corporations: The Challenge of Jurisdiction in English Courts (Oxford Private International Law Series)
by Ekaterina AristovaThere is an emerging trend of private claims being brought against parent companies of transnational corporations for their alleged involvement in human rights and environmental abuses committed abroad. These cases form part of an international effort aimed at strengthening responsible business conduct, the success of which depends on the rules governing domestic courts' power to adjudicate disputes. However, in an increasingly globalised environment, the territorial focus of the adjudicative jurisdiction is often contrary to the transnational nature of the business activities. To address this puzzle, Tort Litigation against Transnational Corporations seeks to answer three questions: Firstly, to what extent can English courts, under existing rules, exercise jurisdiction over an English parent company and its foreign subsidiaries as co-defendants? Secondly, is England a suitable forum for deciding transnational human rights claims? And, finally, should the jurisdictional competence of the English courts be broadened through a new connecting factor derived from the 'economic enterprise' theory? While the book is written from the perspective of English law, it also draws on examples of similar claims in other jurisdictions to broaden the discussion. It offers a new angle to the business and human rights discourse by placing the discussion of parent company liability cases in the context of the topical debate about the changing role of private international law in a globalised world.
Total Lawfare: New Defense and Lessons from China’s Unrestricted Lawfare Program
by Patrick S. Nash Deniz GuzelThis book advocates for a novel doctrine of ‘total lawfare’ as part of a comprehensive approach to modern hybrid warfare.The book begins by introducing the military concept of ‘limited lawfare’ in the context of modern geopolitical conditions. It proceeds to set out a conceptual history of lawfare in the West, highlighting conceptual shortcomings and NATO’s limited capabilities in this branch of hybrid warfare. It then provides a comparative case study and strategic threat assessment of the Chinese concept of ‘unrestricted lawfare’. Against this, the book grounds an ethical doctrine of ‘total lawfare’ within the Western jurisprudential tradition and translates this into practice as a key pillar of modern defense strategy under the rule of law. The book concludes by advocating for a Thielian ‘New Defense’ industry centered upon ‘total lawfare’ as a legitimate and effective Western response to enemy aggression.The book will be of interest to academics, policy-makers, and students working in the fields of lawfare, jurisprudence, and military law.
Total Lawfare: New Defense and Lessons from China’s Unrestricted Lawfare Program
by Patrick S. Nash Deniz GuzelThis book advocates for a novel doctrine of ‘total lawfare’ as part of a comprehensive approach to modern hybrid warfare.The book begins by introducing the military concept of ‘limited lawfare’ in the context of modern geopolitical conditions. It proceeds to set out a conceptual history of lawfare in the West, highlighting conceptual shortcomings and NATO’s limited capabilities in this branch of hybrid warfare. It then provides a comparative case study and strategic threat assessment of the Chinese concept of ‘unrestricted lawfare’. Against this, the book grounds an ethical doctrine of ‘total lawfare’ within the Western jurisprudential tradition and translates this into practice as a key pillar of modern defense strategy under the rule of law. The book concludes by advocating for a Thielian ‘New Defense’ industry centered upon ‘total lawfare’ as a legitimate and effective Western response to enemy aggression.The book will be of interest to academics, policy-makers, and students working in the fields of lawfare, jurisprudence, and military law.
Toward Good Simulation Practice: Best Practices for the Use of Computational Modelling and Simulation in the Regulatory Process of Biomedical Products (Synthesis Lectures on Biomedical Engineering)
by Marco Viceconti Luca EmiliThis open access book, the Community of Practice led by the VPH Institute, the Avicenna Alliance, and the In Silico World consortium has brought together 138 experts in In Silico Trials working in academia, the medical industry, regulatory bodies, hospitals, and consulting firms. Through a consensus process, these experts produced the first attempt to define some Good Simulation Practices on how to develop, evaluate, and use In Silico Trials. Good Simulation Practice constitutes an indispensable guide for anyone who is planning to engage at any title with In Silico Trials.
Towards an Independent Kurdistan: Self-Determination in International Law (Routledge Research in International Law)
by Loqman RadpeyKurdistan is among the world’s most notorious cases of self-determination denied, and the reasons why this outcome remains unachieved reveal as much about the biases of international law as they do about the merits of the case for Kurdistan. On the centenary of the Treaty of Lausanne, 24 July 1923, the last of the international instruments establishing the new international order after World War I, this book explores the potential blind spots of international law regarding its differential application in the Middle East. Tracing self-determination over the past century, the work explores how the law applies to Kurdish aspirations and to what extent the Kurds can rely upon the current law of self-determination to achieve internationally recognised statehood. The book offers an exhaustive historico-legal analysis of changing international legal concepts and geopolitical upheaval, providing a blueprint for Kurdish selfdetermination in international law. Shedding light on the law’s structural biases, it represents a comprehensive historico-legal account of Kurdish aspirations for territorial independence within international law literature, offering a guide to relevant legal problems. It will be of interest to students and academics focused on international law, specifically, peoplehood, statehood, secession, human rights law, political science, and anthropology. Moreover, policymakers, government officials working in peace and conflict, research and advocacy institutes, think tanks, as well as scholars of international relations, historians, political scientists, regional specialists, diplomats, and non-governmental organisation activists will find it a useful reference. The book also illuminates the human rights status of the Kurds in their host states, making it relevant to scholars and activists. Its findings have implications extending beyond Kurdistan to self-determination struggles in Scotland, Catalonia, Ukraine, and elsewhere.
Towards an Independent Kurdistan: Self-Determination in International Law (Routledge Research in International Law)
by Loqman RadpeyKurdistan is among the world’s most notorious cases of self-determination denied, and the reasons why this outcome remains unachieved reveal as much about the biases of international law as they do about the merits of the case for Kurdistan. On the centenary of the Treaty of Lausanne, 24 July 1923, the last of the international instruments establishing the new international order after World War I, this book explores the potential blind spots of international law regarding its differential application in the Middle East. Tracing self-determination over the past century, the work explores how the law applies to Kurdish aspirations and to what extent the Kurds can rely upon the current law of self-determination to achieve internationally recognised statehood. The book offers an exhaustive historico-legal analysis of changing international legal concepts and geopolitical upheaval, providing a blueprint for Kurdish selfdetermination in international law. Shedding light on the law’s structural biases, it represents a comprehensive historico-legal account of Kurdish aspirations for territorial independence within international law literature, offering a guide to relevant legal problems. It will be of interest to students and academics focused on international law, specifically, peoplehood, statehood, secession, human rights law, political science, and anthropology. Moreover, policymakers, government officials working in peace and conflict, research and advocacy institutes, think tanks, as well as scholars of international relations, historians, political scientists, regional specialists, diplomats, and non-governmental organisation activists will find it a useful reference. The book also illuminates the human rights status of the Kurds in their host states, making it relevant to scholars and activists. Its findings have implications extending beyond Kurdistan to self-determination struggles in Scotland, Catalonia, Ukraine, and elsewhere.
Towards Digitally Transforming Accounting and Business Processes: Proceedings of the International Conference of Accounting and Business iCAB, Johannesburg 2023 (Springer Proceedings in Business and Economics)
by Tankiso Moloi Babu GeorgeThis conference volume discusses the findings of the iCAB 2023 conference that took place in Johannesburg, South Africa. The University of Johannesburg (UJ School of Accounting and Johannesburg Business School) in collaboration with Alcorn State University (USA), Salem State University (USA) and Universiti Teknologi Mara (Malaysia) hosted the iCAB 2023 conference with the aim to bring together researchers from different Accounting and Business Management fields to share ideas and discuss how new disruptive technological developments are impacting the field of accounting. The conference was sponsored by the Association of International Certified Professional Accountants AICPA & CIMA.
Towards Drug Policy Justice: Harm Reduction, Human Rights and Changing Drug Policy Contexts (Drugs, Crime and Society)
Taking the shifting global drug policy terrain as a starting point, this collection moves beyond debates about whether to reform drug policies to a focus on delivering ‘drug policy justice’ – repairing the damage caused by the war on drugs as a component of reform efforts and safeguarding against future harms in legal markets. This book brings together some of the leading international thinkers and advocates on harm reduction and drug policy to introduce key questions in contemporary drug policy. Across five themes, and with contributions from different regions and disciplines, it explores ethical, legal, empirical and historical perspectives on delivering ‘drug policy justice’ from supply through to use. Essays cover a wide range of issues, from the effects of COVID on drug policy to securing economic and environmental justice, and from human rights in Asian drug policy to questions of race and equity in cannabis reforms, providing diverse insights on both prominent and overlooked drug policy challenges. Towards Drug Policy Justice is a benchmark text for scholars, students, advocates and policymakers as the book explores new models of global drug policy reform.
Towards Drug Policy Justice: Harm Reduction, Human Rights and Changing Drug Policy Contexts (Drugs, Crime and Society)
by Barrett, Edited by Damon Rick LinesTaking the shifting global drug policy terrain as a starting point, this collection moves beyond debates about whether to reform drug policies to a focus on delivering ‘drug policy justice’ – repairing the damage caused by the war on drugs as a component of reform efforts and safeguarding against future harms in legal markets. This book brings together some of the leading international thinkers and advocates on harm reduction and drug policy to introduce key questions in contemporary drug policy. Across five themes, and with contributions from different regions and disciplines, it explores ethical, legal, empirical and historical perspectives on delivering ‘drug policy justice’ from supply through to use. Essays cover a wide range of issues, from the effects of COVID on drug policy to securing economic and environmental justice, and from human rights in Asian drug policy to questions of race and equity in cannabis reforms, providing diverse insights on both prominent and overlooked drug policy challenges. Towards Drug Policy Justice is a benchmark text for scholars, students, advocates and policymakers as the book explores new models of global drug policy reform.
Toxic Humans: Combatting Poisonous Leadership in Boards and Organisations
by Michael JenkinsInternational leadership expert Michael Jenkins shines a light on the adverse effects of dysfunctional and toxic boards and how they have the potential to destroy an organisation’s culture. This can happen through erosion of brand value leading to talent attrition and increased mental health issues in employees due to a deterioration in trust and psychological safety. Combined with recent fundamental changes in the labour market and demographic changes in the workforce, there is a potent cocktail of Future of Work issues that will not go away. Enlightened leaders must tackle such issues head-on if they are to steward sustainable and responsible organisations and businesses. Based on extensive research, including interviews with board members from around the world, together with one-to-one interviews with leaders from the VAB (Virtual Advisory Board) network, Toxic Humans: Combatting Poisonous Leadership in Boards and Organisations outlines various experiences of toxic leadership and how successful directors managed to work with and through it. These interviews shape the final sections of the book where the reader is given a set of recommendations for action to help mitigate and manage the effect of toxic leadership – at the Board, senior leader and team levels - and to build a positive and productive workplace where all can flourish.
Toxic Humans: Combatting Poisonous Leadership in Boards and Organisations
by Michael JenkinsInternational leadership expert Michael Jenkins shines a light on the adverse effects of dysfunctional and toxic boards and how they have the potential to destroy an organisation’s culture. This can happen through erosion of brand value leading to talent attrition and increased mental health issues in employees due to a deterioration in trust and psychological safety. Combined with recent fundamental changes in the labour market and demographic changes in the workforce, there is a potent cocktail of Future of Work issues that will not go away. Enlightened leaders must tackle such issues head-on if they are to steward sustainable and responsible organisations and businesses. Based on extensive research, including interviews with board members from around the world, together with one-to-one interviews with leaders from the VAB (Virtual Advisory Board) network, Toxic Humans: Combatting Poisonous Leadership in Boards and Organisations outlines various experiences of toxic leadership and how successful directors managed to work with and through it. These interviews shape the final sections of the book where the reader is given a set of recommendations for action to help mitigate and manage the effect of toxic leadership – at the Board, senior leader and team levels - and to build a positive and productive workplace where all can flourish.
Trade Mark Law in Europe: Case Law of the Court of Justice of the European Union
by Ulrich HildebrandtTrade mark law practitioners agree that Ulrich Hildebrandt’s Trade Mark Law in Europe hugely enhances their work. This fourth edition follows the same well-known, intensely practical, time-saving format, with each provision of current law (Directive 2015/2436) reproduced in its original English wording and annotated with relevant passages from all relevant decisions of the European Court of Justice, as well as relevant provisions of the Community Trade Mark Regulation and the national trade mark acts of all Member States implementing the Directive. The author’s expert commentary on each provision expressly marks major changes to previous versions of the Directive, highlights when case law concerning a previous version remains relevant and translates passages that lack an official English text. Among the fundamental questions addressed are the following: When is it possible to register a geographical indication as a trademark? Are colours and sounds capable of registration? When may the reputation of a mark be invoked to protect it? How mundane could a sign be and still claim to be distinctive? When can it be said that there has been no genuine use of a trade mark? Where does the Court’s function theory influence the trademark law? Given a topic or keyword, appendices assist in the quick finding of any provision of the Directive and relevant case law. There is no other resource presenting the original wording of ECJ case law, broken down by specific points of law and directly related on an article-by-article basis to EU and Member State trade mark legislation. As a highly organized presentation of key information, this is an ideal initial tool that makes any research into European trade mark law fast and easy, whether for academic purposes or actual legal practice. Lawyers, in-house counsel, judges, and academics will all welcome this new edition.
Traditional Indian Virtue Ethics for Today: An East-West Dialogue (Palgrave Studies in Comparative East-West Philosophy)
by Amita Chatterjee Sitansu S. Chakravarti Ananda Chakravarti Lisa WiddisonWorking in the tradition of world philosophy, this book puts Western virtue ethics in conversation with traditional Indian philosophies. The book begins with a contribution from Michael Slote on ‘World Philosophy: The Importance of India,’ which is followed by contributions covering metaethical topics such as the relationship between Western virtue ethics and various Indian philosophical traditions, and applied topics such as environmental ethics, business ethics, ethics and science, and moral psychology. Contributors include scholars working in both North America and India.