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Local Responses to Mine Closure in South Africa: Dependencies and Social Disruption (Routledge Studies of the Extractive Industries and Sustainable Development)
This book investigates mine closure and local responses in South Africa, linking dependencies and social disruption. Mine closure presents a major challenge to the mining industry and government policymakers globally, but particularly in the Global South. South Africa is experiencing notable numbers of mine closures, and this book explores the notion of social disruption, a concept often applied to describe the effects of mine growth on communities but often neglecting the impact of mine closures. The book begins with three theoretical chapters that discuss theory, closure cost frameworks and policy development in South Africa. It uses evolutionary governance theory to show how mining creates dependencies and how mining growth often blinds communities and governments to the likelihood of closure. Too easily, mining goes ahead with no concern for the possibility, or indeed inevitability, of eventual closure and how mining communities will cope. These impacts are showcased through eight place-based case studies from across South Africa, one focusing on mine workers, to demonstrate that mine closure causes significant social disruption. This book will be of interest to students and scholars researching the social impacts of mining and the extractive industries, social geography and sustainable development, as well as policymakers and practitioners working with mine closure and social impact assessments.
The Long Decade: How 9/11 Changed the Law
The terrorist attacks of 9/11 precipitated significant legal changes over the ensuing ten years, a "long decade" that saw both domestic and international legal systems evolve in reaction to the seemingly permanent threat of international terrorism. At the same time, globalization produced worldwide insecurity that weakened the nation-state's ability to monopolize violence and assure safety for its people. The Long Decade: How 9/11 Changed the Law contains contributions by international legal scholars who critically reflect on how the terrorist attacks of 9/11 precipitated these legal changes. This book examines how the uncertainties of the "long decade" made fear a political and legal force, challenged national constitutional orders, altered fundamental assumptions about the rule of law, and ultimately raised questions about how democracy and human rights can cope with competing security pressures, while considering the complex process of crafting anti-terrorism measures.
Love, Technology and Theology
This volume explores love in the context of today's technologies. It is difficult to separate love from romanticist ideals of authenticity, intimacy and depth of relationship. These ideals resonate with theological models of love that highlight the way God benevolently created the world and continues to love it. Technologies, which are designed in response to our desires, do not necessarily enjoy this romanticist resonance, and yet they are now remodelling the world. Are technologies then antithetical to love? In this volume, leading theologians have brought together themes of theology, technology and love for the first time, exploring different areas where notions of love and technology are problematized. In a world where algorithms and artificial intelligences interact with us and shape our lives in ever more intricate and even intimate ways, we might feel attachments to and through machines that suggest sentiments of love while also changing how we think about love. Does love always have to be reciprocal? How can we enact love and care for others with technologies? Whose desires do technologies serve – consumers, corporations, creatures? This volume offers a systematic review of the challenges of living in a technologically saturated world, by means of critical application of, as well as reflection on, theological discussions about love.
The Luxury Economy and Intellectual Property: Critical Reflections
Intellectual property law plays a pivotal role in ensuring that luxury goods companies can recoup their investments in the creation and dissemination of their copyrighted works, trademarked logos, and patented designs. In 2011, global sales for luxury goods reached about $250 billion, and consumers in East and Southeast Asia accounted for more than 50 percent of that figure. The rapid expansion of the market has prompted some retailers to wield intellectual property against the influx of imitators and counterfeiters. The Luxury Economy and Intellectual Property comprehensively explores the rise of the luxury goods economy and the growing role of intellectual property in creating, sustaining, and regulating this economy. Leading scholars across various disciplines critically consider the industry, its foundational intellectual property laws, and the public interest and social concerns arising from the intersection of economics and law. Topics covered include defining the concept of luxury, the social life of luxury goods, concerns about distributive justice in a world flooded by luxury goods and knockoffs, the globalization of luxury goods, and the economic, social, and political ramifications of the meteoric rise of the Asian luxury goods market.
Macdonald on the Law of Freedom of Information
Ten years after the Freedom of Information Act 2000 came into force in the UK, the implementation and case law related to the Act remains contentious. This new edition of the standard practitioners' text provides a complete, authoritative, and accessible guide to this challenging and rapidly evolving area of law. The core of the book is a full and lucid exploration of the statutory scheme: the Act itself, as well as the Environmental Regulations 2004 and the Data Protections Act 1998. It provides historical perspectives, aids to construction, and in-depth analysis of all provisions, with discussion expanded to include the problems exposed by the mass of information about individuals now available on the internet, and the best way to protect citizens from those who commit crimes and torts online. Further chapters address how the Act relates to other legal issues, including human rights, confidentiality, data protection, and official secrets. Finally, it offers an account of the different ways the disclosure of information is treated in the European Union and the devolved parts of the UK, and a comparative survey of information rights in other parts of the world.
Making CO2 a Resource: The Interplay Between Research, Innovation and Industry (Routledge Explorations in Environmental Studies)
This interdisciplinary book explores how CO2 can become a resource instead of a waste and, as such, be a tool to meet one of the grandest challenges humanity is facing: climate change.Drawing on a Norwegian narrative that has significance for a global audience, Øyvind Stokke and Elin Oftedal introduce in-depth, multi-perspective analyses of a sustainable innovation research experiment in industrial carbon capture and utilisation technologies. Building on extensive literature within marine sciences, sustainability research, and environmental philosophy and ethics, this book documents how a misplaced resource like CO2 can become valuable within a circular economy in its own right, while at the same time meeting the challenge of food security in a world where food production is increasingly under pressure. The book is diverse in scope and includes chapters on how to reduce the environmental footprint of aquaculture by replacing wild fish and soy from the Amazon, how to optimise the monitoring of aquatic environments via smart technologies, and how to replace materials otherwise sourced from natural environments. The authors also analyse the pivotal role of the university in driving innovation and entrepreneurship, the pitfalls of different carbon technologies, and explore how the link between petroleum dependence and CO2 emissions has been addressed in Norway specifically.Making CO2 a Resource will be of great interest to students and scholars of climate change, environmental ethics, environmental philosophy, sustainable business and innovation, and sustainable development more broadly.
Making Sense of European Union Law
This book reflects on selected issues of European law in dialogue with leading legal scholar Bruno De Witte, whose work has enlightened generations of students, scholars and practitioners of European law. The volume is designed to mark the impressive academic oeuvre of a great legal mind and true academic whose elegant and insightful writings have decisively contributed to the advancement of the study of European law.The contributions attempt to 'make sense of European Union law' reflecting Bruno's mission as a legal scholar and commenting on some of the themes that he has worked on: constitutional Europe, differentiated Europe, social and educational Europe and minorities Europe. It culminates in reflections on the very nature of Bruno's scholarship and his academic persona. Not only is this book a public recognition and an expression of appreciation for all that Bruno has offered to the European legal community but also an invitation to challenge the way many scholars think of academic careers and their ways to success.
Management und Organisation in der Polizei: Studien zu Digitalisierung, Change Management, Motivation und Arbeitsgestaltung (Schriftenreihe zur Polizei- und Sicherheitsforschung)
Der Sammelband präsentiert fünf quantitative und qualitative empirische Studien, die sich mit den aktuellen Herausforderungen im Bereich Management und Organisation der Polizei beschäftigen. Hierzu zählen insbesondere das Führungs- und Steuerungssystem sowie die Arbeits- und Organisationsgestaltung, die im polizeilichen Kontext einige Besonderheiten aufweisen. Die wissenschaftliche Auseinandersetzung mit diesen Themen bietet interessante Einblicke in ein bisher wenig beachtetes Forschungs- und Arbeitsfeld.
Managing Diversity through Non-Territorial Autonomy: Assessing Advantages, Deficiencies, and Risks (Minorities & Non-territorial Autonomy)
Non-territorial autonomy (NTA) is a statecraft tool that is increasingly gaining importance in societies seeking to accommodate demands by ethno-cultural groups for a voice in cultural affairs important to the protection and preservation of their identity, such as language, education, and religion. As states recognize the specific rights of identity minorities in multicultural and multi-ethnic societies, they are faced with a need to improve their diversity management regimes. NTA offers policy-makers a range of options for institutional design adaptable to specific circumstances and historical legacies. It devolves degrees of power through legal frameworks and institutions in specific areas of ethno-cultural life, while maintaining social unity at the core level of society. Throughout Europe and North America, NTA exists and is implemented at a state, regional, and local level. Much has been written about the concept of autonomy and its usage as a statecraft tool in states facing regional division, but little literature addresses its non-territorial institutional and public administration functions. This edited volume seeks to fill this gap. Managing Diversity through Non-Territorial Autonomy: Assessing Advantages, Deficiencies, and Risks, carves a space for contextual knowledge production on NTA in law, as well as social and political sciences. Contextual knowledge involves a description of institutions and their functionality as well as of the institutional and legal frames protecting these. What are the institutions, bodies, and functions that ethno-cultural groups can draw on when seeking to have a voice over their own affairs, as well as over issues in society related to their identity production? How are these entities incorporated and empowered to have a voice? What degree of voice do they have, and how are they designed to project this voice? Thus, contextual knowledge also involves critical assessment and risk analysis as well as penetrating insights as to the unintended consequences and hidden agendas that may inform NTA policies. This volume is to provide both policy-makers and ethno-cultural groups with a tool-kit that promotes social cohesion while respecting diversity. This is the first volume in a series of five which will examine the protection and representation of minorities through non-territorial means.
Mandatory Sustainability Requirements in EU Public Procurement Law: Reflections on a Paradigm Shift
This book provides the first comprehensive appraisal of the paradigm shift towards mandatory sustainability requirements in EU public procurement law.Traditionally, EU public procurement law focused on 'how to buy', dictating procedural rules so that public buyers in the Member States did not discriminate against suppliers and service providers from other Member States. Mandatory green and social requirements mean that, with a view to achieving sustainable development goals and mitigating climate change, the EU will limit this discretionary power for public buyers, pushing them to acquire more sustainable goods and services.Based on legal analysis informed by economic perspectives, the book aims to contribute to an understanding and critical discussion of the EU legislator's move towards regulating 'what to buy'. The book discusses the role of the Public Procurement Directives in relation to this paradigm shift, as well as various other sectoral legislative instruments that have been revamped or newly introduced in light of the European Green Deal.The paradigm shift is analysed from different perspectives, including subsidiarity, alternative regulation, economics and public purchasing. The book includes novel sectoral studies on transport, food, clothing, and construction, discussing how change is taking place and what its major challenges are for the future. Chapters on Italy, the Netherlands, Spain, and more, offer case studies of Member States that have already introduced mandatory requirements and highlight lessons learnt.This is an essential book for professionals working with public procurement law in academia and practice, and to those engaged in achieving public policy objectives in light of climate change and social injustice.
Manipulation: Theory and Practice
In all groups -- from couples to nation-states -- people influence one another. Much of this influence is benign, for example giving advice to friends or serving as role models for our children and students. Some forms of influence, however, are clearly morally suspect, such as threats of violence and blackmail. A great deal of attention has been paid to one form of morally suspect influence, namely coercion. Less attention has been paid to what might be a more pervasive form of influence: manipulation. The essays in this volume address this relative imbalance by focusing on manipulation, examining its nature, moral status, and its significance in personal and social life. They address a number of central questions: What counts as manipulation? How is it distinguished from coercion and ordinary rational persuasion? Is it always wrong, or can it sometimes be justified, and if so, when? Is manipulative influence more benign than coercion? Can one manipulate unintentionally? How does being manipulated to act bear on one's moral responsibly for so acting? Given various answers to these questions, what should we think of practices such as advertising and seduction?
The Many Moral Rationalisms
Moral rationalism takes human reason and human rationality to be the key elements in an explanation of the nature of morality, moral judgment, and moral knowledge. This volume explores the resources of this rich philosophical tradition. Thirteen original essays, framed by the editors' introduction, critically examine the four core theses of moral rationalism: (i) the psychological thesis that reason is the source of moral judgment, (ii) the metaphysical thesis that moral requirements are constituted by the deliverances of practical reason, (iii) the epistemological thesis that moral requirements are knowable a priori, and (iv) the normative thesis that moral requirements entail valid reasons for action. The five essays in Part I ('Normativity') offer contemporary defences or reconstructions of Kant's attempt to ground the normative thesis, that moral requirements entail valid reasons for action, in the nature of practical reason and practical rationality. The four essays in Part II ('Epistemology & Meaning') consider the viability of claims to a priori moral knowledge. The authors of all four essays are sympathetic to a realist moral metaphysics, and thus forgo the straightforward constructivist road to apriority. The four essays in Part III ('Psychology') each grapple with the implications for rationalism of the role of emotions and unconscious processes in moral judgement and action. Together the essays demonstrate that moral rationalism identifies not a single philosophical position but rather a family of philosophical positions, which resemble traditional rationalism, as exemplified by Kant, to varying degrees.
The Many Paths of Change in International Law
How does international law change? How does it adapt to meet global challenges in a volatile social and political context? The Many Paths of Change in International Law offers fresh, theoretically informed, and empirically rich answers to these questions. It traces drivers, conditions, and consequences of change across the different fields of international law and paints a complex and varied picture very much in contrast with the relatively static imagery prevalent in many accounts today. Drawing on inspirations from international law, international relations, sociology, and legal theory, this book explores how international law changes through means other than treaty-making. Highlighting the social dynamics through which different areas and institutional contexts have generated their own pathways, it presents a theoretical framework for tracing change processes and the conditions that affect their success. Based on this framework, each contribution illuminates the paths of change we observe in contemporary international law. The explorations centre on strategies, forms, forces, and social contexts and draw on primary source material and in-depth case studies. Overall, the volume offers a fascinating account of an international legal order in flux-with a dynamic not captured through traditional doctrinal lenses-and helps situate change processes and their varied implications in international law and politics. A relevant book for everyone wanting to understand change and its consequences in international law. This is an open access title. It is made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 International licence. It is available to read and download as a PDF version on the Oxford Academic platform.
Mapping the Legal Boundaries of Belonging: Religion and Multiculturalism from Israel to Canada (Religion and Global Politics)
For several decades, culture played a central role in challenging the liberal tradition. More recently however, religion has re-emerged as one of the central challenges facing Western liberal societies' conception of multiculturalism. Mapping the Legal Boundaries of Belonging explores the complex relationship between religion and multiculturalism and the role of the state and law in the creation of boundaries. The intersection between religion, nationalism and other vectors of difference in Canada and Israel offer an ideal laboratory in which to examine multiculturalism in particular and the governance of diversity in general. The contributors to this volume investigate concepts of religious difference and diversity and the ways in which these two states and legal systems understand and respond to them. As a consequence of a purportedly secular human rights perspective, they show, state laws may appear to define religious identity in a way that contradicts the definition found within a particular religion. Both state and religion make the same mistake if they take a court decision that emphasizes individual belief and practice as effecting a direct modification of a religious norm: the court lacks the power to change the authoritative internal definition of who belongs to a particular faith. Similarly, in the pursuit of a particular model of social diversity, the state may adopt policies that imply a particular private/public distinction foreign to some religious traditions.
Maritime Crime and Policing (Routledge Frontiers of Criminal Justice)
This book offers a unique and scholarly perspective on a little-studied subject: maritime crime and policing. The seas and oceans cover 70 percent of the earth’s surface and 90 percent of world trade by volume travels by sea. Furthermore, the refugee crisis has produced an inflow of people attempting to find a better life, particularly in Northwest Europe and the UK, which has had an impact on the maritime domains of European ports. While there has been attention paid to the role of maritime policing by scholars in maritime security studies, little attention has been paid by criminologists and policing studies scholars. This book aims to fill this gap. Bringing together a range of international scholars, this book covers a variety of topics pertinent to maritime crime and its policing, such as fraud, piracy and armed robbery at sea, illegal and unregulated fishing, smuggling, people trafficking, illegal immigration, illegal dumping and pollution, arms trafficking, terrorism, and cargo theft. It brings together new perspectives on several key criminological themes such as transnational organised crime, criminalisation, and securitisation and provides a bold new direction for the landlocked discipline of criminology and policing studies. An accessible and compelling read, this book will be of interest to students and scholars of criminology, policing, sociology, politics, migration studies, and all those interested in the policing of the sea.
Maritime Organisation, Management and Liability: A Legal Analysis of New Challenges in the Maritime Industry
This book identifies and examines the legal challenges facing the shipping industry and ship management today.It first addresses flag state rules and private international law as organisational tools of the shipowner for establishing the applicable legal framework in an age of increasing regulatory activity and extraterritorial effect of legislation. It then focuses on sustainability requirements and the liability of shipping companies managing supply chains and ships as waste. The third section considers challenges stemming from times of financial crisis and deals with the cross-border impact of shipping insolvencies, the UNCITRAL Model Law, and the approaches of different jurisdictions. Finally, the fourth section concerns digitalisation and automation, including delivery on the basis of digital release codes, bills of lading based on blockchain technology, the use of web portals and data sharing, and particular aspects of the law relating to autonomous ships, notably in marine insurance and carriage of goods. The book will be a useful resource for academics and practising lawyers working in shipping and maritime law.
Market Abuse Regulation: Commentary and Annotated Guide (Oxford EU Financial Regulation)
Now a volume in the Oxford EU Financial Regulation Series, the second edition of Market Abuse Regulation has been updated to reflect the impact of a number of major developments in legislation and case law following the implementation of the EU Market Abuse Regulation (MAR). Written by leading scholars in the field of capital markets law from a number of European jurisdictions, the book is divided into two main parts. The first consists of chapters considering relevant issues by topic, including aspects not directly addressed by MAR such as enforcement, and the impact of US securities regulation. The second part provides article-by-article commentary on the Regulation, with a detailed and technical analysis of its terms. Both parts have been updated to reflect important developments such as amendments to directives and new regulations regarding the promotion of the use of SME growth markets. The second edition includes additional chapters on sanctions. One new chapter deals exclusively with the criminal sanctions (including CRIM-MAD), and another addresses in much greater detail private enforcement in key jurisdictions (France, Germany, Italy, the Netherlands and Spain), which is neither addressed by the MAR nor harmonized by other European legislation. This chapter on private enforcement is also accompanied by another dealing with aspects of private international and international civil procedural law. The existing chapters have also been updated to bring them fully up to date.
Mass Graves, Truth and Justice: Interdisciplinary Perspectives on the Investigation of Mass Graves
Across the world, mass graves, often containing a multitude of human remains, are sites of human loss, suffering and unimaginable acts of cruelty. While no one mass grave or its investigation is the same, all mass graves contain evidence that is essential to the realisation of justice and accountability goals for victims, affected communities, states in transition and the international community.This book tactfully examines this sensitive topic, demonstrating how mass grave investigations can be highly complex, context-specific, lengthy and expensive processes, requiring significant planning, coordination, expertise and resources. The book analyses the various processes involved in mass grave investigation from a number of disciplinary perspectives and a variety of geographical, cultural and political contexts, including Bosnia, Guatemala, Libya, Nepal and Rwanda. Chapters feature expert contributions from voices in the fields of forensic sciences, advocacy and the judiciary, along with world-leading international legal expertise on mass graves, their protection and investigation.This timely book will be an ideal resource for practitioners and academics in the fields of international criminal law, international human rights law, international humanitarian law and transitional justice. Students interested in forensic archaeology, anthropology, fact-finding and human rights investigations will also find this a stimulating read.
The Max Planck Handbooks in European Public Law: Volume IV: Constitutional Adjudication: Common Themes and Challenges (Max Planck Handbooks in European Public Law)
The Max Planck Handbooks in European Public Law series describes and analyzes the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration render legal comparison the task of our time for both scholars and practitioners, the project aims to foster a better understanding of the specific European legal pluralism and, ultimately, to contribute to the legitimacy and efficiency of European public law. The first volume of the series began this endeavour with an appraisal of the evolution of the state and its administration, offering both cross-cutting contributions and specific country reports. The third volume (the second in chronological terms) continues this approach with an in-depth appraisal of constitutional adjudication in various and diverse European countries. Fourteen country reports and two cross-cutting contributions investigate the antecedents, foundations, organization, procedure, and specific approach to constitutional issues throughout the Continent. The fourth volume now compares European constitutional jurisdiction in the European legal space. It examines the structures of the organization, the appointment of judges, the procedures and the methods of argumentation and interpretation, their impact on state and society, their legitimacy as well as their role in the division of powers, and thus completes the picture following the country reports in Volume III. This comparative perspective is supplemented by an examination that illustrates the relationship with the ECJ, the ECtHR, and the Venice Commission as well as their (constitutional) function. Finally, Constitutional Adjudication: Common Themes and Challenges is devoted to the challenges constitutional jurisdiction in the European judicial area is currently facing. The historical, political, and theoretical foundations as well as the basic dogmatic features of constitutional jurisdiction are presented in such a way that the discussion about its role and further development in this legal space is sustainably stimulated.
The Max Planck Handbooks in European Public Law: Volume III: Constitutional Adjudication: Institutions (Max Planck Handbooks in European Public Law)
The Max Planck Handbooks in European Public Law describe and analyse public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, the series aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series began this enterprise with an appraisal of the evolution of the state and its administration, offering both cross-cutting contributions and specific country reports. The third volume (the second in chronological terms) continues this approach with an in-depth appraisal of constitutional adjudication in various and diverse European countries. Fourteen country reports and two cross-cutting contributions investigate the antecedents, foundations, organization, procedure, and outlook of constitutional adjudicators throughout the Continent. They include countries with powerful constitutional courts, jurisdictions with traditional supreme courts, and states with small institutions and limited ex ante review. In keeping with the focus on a diverse but unified legal space, each report also details how its institution fits into the broader association of constitutional courts that, through dialogue and conflict, brings to fruition the European legal space. Together, the chapters of this volume provide a strong and diverse foundation for this dialogue to flourish.
McKnight and Zakrzewski on The Law of Loan Agreements and Syndicated Lending
Based on parts of the leading work McKnight, Paterson and Zakrzewski on the Law of International Finance, 2e, this new book is an accessible introduction to loan agreements in English law and practice. The book focusses on loan agreements, syndicates and trading providing the core areas with which newcomers to banking and finance law must familiarize themselves and which often require the most research. The book opens with an overview of English contract law setting out the key concepts and principles relevant to commercial lending transactions. There is a section on loan facility agreements which explains the typical loan agreements, and the relevant law and application to those agreements. In the section on syndicated lending , legal issues arising from the relationship between lenders are analysed and problem areas are tackled. Potential claims, by borrowers against the arrangers of a syndicate and its agent are also analysed, including an explanation of possible protection against such claims. The final part explains the legal and practical issues surrounding the trading in parts of loans on the secondary market. A clear, concise and authoritative work on loan agreements and lending, this book is a useful guide for all working in the field, particularly junior lawyers and postgraduate students.
McKnight, Paterson, & Zakrzewski on the Law of International Finance
This acclaimed and comprehensive work analyses the legal issues involved in international finance transactions operating under English law. The second edition thoroughly updates the book to take account of major developments in regulation, practice, and case law since the first edition published in 2008. The most notable development in the intervening period has been the global financial crisis of 2008-9, whose effects have profoundly changed the nature of international finance, and the new edition has been updated by a team of expert editors and contributors to reflect the post-crisis legal framework of international transactions. The new edition covers the many significant changes to Bank Regulation which have occurred since 2008. Major developments in conflicts of laws and cross-border insolvency are addressed, including the consequences of the decision in Rubin v Eurofinance. This edition also takes account of major litigation in the sovereign debt field, significant developments in the loan markets, and recent challenges with the provision of legal opinions, including the increasing need to provide opinions in cross-border transactions. Developments in financing structures in the aftermath of the financial crisis are examined. Significant litigation in the derivatives field (partly as a response to the collapse of Lehman Brothers Holdings Inc.) and amendments proposed by the International Swaps and Derivatives Association are also addressed. There is also coverage of further work on secured transactions following the Law Commission's and the City of London Law Society's Working Party's proposals. Providing detailed transaction-led analysis of all aspects of international finance practice, this work is a must-have reference source for all practitioners and academics working in the field.
McMeel and Virgo On Financial Advice and Financial Products
Now in hardback, this comprehensive work covers the legal and regulatory environment in which claims concerning sales of and advice on financial products for individuals and businesses are brought and defended. Fully updated to explain the impact of the twin peaks regulation under the Financial Services Act 2012, the book analyses the role of the Financial Conduct Authority and considers its activities to date. The book covers both statutory claims and traditional 'professional negligence' claims based on contract and tort against financial advisers, brokers, other intermediaries and product providers. Also included in this third edition is a new chapter on consumer credit, considering the transfer of responsibility for the consumer credit regime from the Office of Fair Trading to the Financial Conduct Authority. This is the leading work on professional negligence in the financial services field and is an essential reference tool for all those who advise on bringing or defending such claims.
Meaningless Suffering: Traumatic Marginalisation and Ethical Responsibility (Psychology and the Other)
Does suffering have meaning? The leading scholars and practitioners in Meaningless Suffering engage with this haunting human question through the lenses of psychoanalytic, phenomenological and ethical discourse, all the while holding contemporary social concerns in full view. The authors seek to find ways of speaking about the lived realities and historical moments that make up our social narratives – from the murder of George Floyd to the bird watching incident in Central Park – in order to render visible the entangled forms of the effects of embodiment, ideology, race, social practice, and intersectionality. Meaningless Suffering is bookended by powerful pieces by Mari Ruti and Homi K. Bhabha and, in the intervening chapters, the reader traverses the ideas of Augustine, Judith Butler, Fanon, Foucault, Freud, Gendlin, Heidegger, Lacan, Levinas, and Wittgenstein to pass through the realms of classical thought, affect theory, phenomenology, linguistic studies, relational psychoanalysis, somatic studies, intersubjectivity theory, gender studies, critical theory, and philosophical hermeneutics. This book is essential reading for postgraduate students, scholars, and practitioners working at the intersection of psychoanalysis, race, politics, and culture, as well as students of cultural studies, the humanities, politics, psychology, psychosocial studies, sociology, and social work.
Measuring the Global Burden of Disease: Philosophical Dimensions (Population-Level Bioethics)
The Global Burden of Disease Study (GBD) is one of the largest-scale research collaborations in global health, distilling a wide range of health information to provide estimates and projections for more than 350 diseases, injuries, and risk factors in 195 countries. Its results are a critical tool informing researchers, policy-makers, and others working to promote health around the globe. A study like the GBD is, of course, extremely complex from an empirical perspective. But it also raises a large number of complex ethical and philosophical questions that have been explored in a series of collaborations over the past twenty years among epidemiologists, philosophers, economists, and policy scholars. The essays in this volume address issues of current and urgent concern to the GBD and other epidemiological studies, including rival understandings of causation, the aggregation of complex health data, temporal discounting, age-weighting, and the valuation of health states. The volume concludes with a set of chapters discussing how epidemiological data should and should not be used. Better appreciating the philosophical dimensions of a study like the GBD can make possible a more sophisticated interpretation of its results, and it can improve epidemiological studies in the future, so that they are better suited to produce results that can help us to improve global health.