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A Crisis of Democratic Accountability: Public Libel Law and the Checking Function of the Press
by Randall StephensonThis book undertakes a comparative study of the public interest and political speech defences in defamation law, particularly from the perspective of the misuse of democratic free expression justifications. Specifically, it argues that the law and legal approaches taken by leading courts and legislatures in the UK, Australia, New Zealand, Canada, and the United States – five common law comparators – are undertheorised, lack adequate criteria for determining the correct form of the defence, and would benefit from a more precise understanding of 'democracy', 'accountability', and 'representation'. The book will be of great interest to scholars of free speech, defamation and public law.
The Crisis of Distribution and the Regulation of Economic Law (China Perspectives)
by Shouwen ZhangThe crisis of distribution is one of the longest standing and complicated issues facing human society. Imbued with social, political, historic, and cultural elements, it varies significantly across different countries as a result of all these factors. As an emerging economy which transferred from a planned to a market economy, China has experienced large distribution gaps since it implemented the Reform and Opening-up Policy in the early 1980s, requiring stronger economic law to mitigate and regulate the crisis of distribution. The two volumes examine the crisis of distribution that China faces and proposes policy and economic law methods that can be used to overcome the distribution dilemma. The author discusses the four main concepts and focus points of the crisis of distribution – distribution itself, the crises it faces, the rule of law and development before proposing a theoretical framework of "system–distribution–development" to resolve distribution problems that China faces. The book should be of keen interest to researchers and students of law, economics, and political science.
The Crisis of Governance: Public, Corporate and International
by Owen E. HughesOwen E. Hughes investigates governance across sectors including corporate, international and political governance, arguing that governance, as a general concept and an operational system, is in crisis. Hughes reasons that the crisis is in governance in general, in how societies run themselves, in how companies are run and how international organizations are run.This critical book examines the ways in which governance enables the smooth running of these societies, companies and organizations, from sub-national to international levels, and how the setting up of structures or institutional arrangements can impact this. These structures, institutions and arrangements are explored from legal, ethical and behavioural perspectives to provide a well-informed introduction to the crisis of governance. The book further examines debates over the facts, lies, science and policies behind governance, scrutinising the conflicts between democracy and autocracy in governance.The Crisis of Governance will be a beneficial resource for both undergraduate and graduate courses in public administration and management. Academics, students and scholars interested in public affairs, international politics and corporate economics will also find value in this timely book.
The Crisis of Multilateral Legal Order: Causes, Dynamics and Consequences (Transnational Law and Governance)
by Lukasz Gruszczynski Marcin Menkes Veronika Bilkova Paolo FarahMultilateralism has served as a foundation for international cooperation over the past several decades. Championed after WWII by the United States and Western Europe, it expanded into a broader global system of governance with the end of the Cold War. Lately, an increasing number of States appear to be disappointed with the existing multilateral arrangements, both at the level of norms and that of institutions. The great powers see unilateral and bilateral strategies, which maximize their political leverage rather than diluting it in multilateral fora, as more effective ways for controlling the course of international affairs. The signs of the crisis have been visible for some time – but recent crises indicate an acceleration of on-going disintegration of the multilateral system, such as Brexit, growing resistance on the part of States against international monitoring of compliance and the radical change in the US foreign policy during the presidency of Donald Trump which saw the US from several multilateral agreements (e.g. the Iran Nuclear Deal and the Paris Agreement), leave some international organizations or bodies (e.g. the United Nations Human Rights Council or the World Health Organization) or paralyze some others (e.g. the World Trade Organization (WTO)). Tackling the debate surrounding the crisis of multilateralism and the related transformation of the underlying international legal order, this book analyses selected aspects of the current crisis from the perspective of public international law to identify the nature of the crisis, its dynamics, and consequences.
The Crisis of Multilateral Legal Order: Causes, Dynamics and Consequences (Transnational Law and Governance)
by Lukasz Gruszczynski Marcin J. Menkes Veronika Bílková Paolo Davide FarahMultilateralism has served as a foundation for international cooperation over the past several decades. Championed after WWII by the United States and Western Europe, it expanded into a broader global system of governance with the end of the Cold War. Lately, an increasing number of States appear to be disappointed with the existing multilateral arrangements, both at the level of norms and that of institutions. The great powers see unilateral and bilateral strategies, which maximize their political leverage rather than diluting it in multilateral fora, as more effective ways for controlling the course of international affairs. The signs of the crisis have been visible for some time – but recent crises indicate an acceleration of on-going disintegration of the multilateral system, such as Brexit, growing resistance on the part of States against international monitoring of compliance and the radical change in the US foreign policy during the presidency of Donald Trump which saw the US from several multilateral agreements (e.g. the Iran Nuclear Deal and the Paris Agreement), leave some international organizations or bodies (e.g. the United Nations Human Rights Council or the World Health Organization) or paralyze some others (e.g. the World Trade Organization (WTO)). Tackling the debate surrounding the crisis of multilateralism and the related transformation of the underlying international legal order, this book analyses selected aspects of the current crisis from the perspective of public international law to identify the nature of the crisis, its dynamics, and consequences.
Crisis of the Criminal Law in the Democratic Constitutional State: Manifestations and Trends (Legal Studies in International, European and Comparative Criminal Law #6)
by Eduardo Demetrio Crespo Alfonso García Figueroa Gema Marcilla CórdobaThe book shares the results of project research granted by the Castilla-La Mancha government, which has been composed by philosophers of law and criminal law researchers, whose main conclusions are represented by the manifestations and trends of the current crisis of the constitutional State. The works identify these trends and manifestations in order to develop alternatives and remedies to solve the current negation process that classical liberties are involved, from the point of view of philosophy, policy, and dogmatic.
The Crisis of US Hospice Care: Family and Freedom at the End of Life
by Harold BraswellHospice is the dominant form of end-of-life care in the United States. But while the US hospice system provides many forms of treatment that are beneficial to dying people and their families, it does not encompass what is commonly referred to as long-term care, which includes help with the activities of daily living: feeding, bathing, general safety, and routine hygienic maintenance. Frequently, such care is carried out by an informal network of unpaid caregivers, such as the person's family or loved ones, who are often ill-prepared to offer this type of support. In The Crisis of US Hospice Care, Harold Braswell argues that the stress of providing long-term care typically overwhelms family members and that overdependence on familial caregiving constitutes a crisis of US hospice care that limits the freedom of dying people. Arguing for the need to focus on the time just before death, Braswell examines how the relationship of hospice to familial caregiving evolved. He traces the history of hospice over the past fifty years and describes the choice that people dying with inadequate familial support face between a neglectful home environment and an impersonal nursing home.A nuanced look at the personal and political dimensions that shape long-term, end-of-life care, this historical and ethnographic study demonstrates that the crisis in US hospice care can be alleviated only by establishing the centrality of hospice to American freedom. Providing a model for the transformative work that is required going forward, The Crisis of US Hospice Care illustrates the potential of hospice for facilitating a new way of living our last days and for having the best death possible.
The Crisis of US Hospice Care: Family and Freedom at the End of Life
by Harold BraswellHospice is the dominant form of end-of-life care in the United States. But while the US hospice system provides many forms of treatment that are beneficial to dying people and their families, it does not encompass what is commonly referred to as long-term care, which includes help with the activities of daily living: feeding, bathing, general safety, and routine hygienic maintenance. Frequently, such care is carried out by an informal network of unpaid caregivers, such as the person's family or loved ones, who are often ill-prepared to offer this type of support. In The Crisis of US Hospice Care, Harold Braswell argues that the stress of providing long-term care typically overwhelms family members and that overdependence on familial caregiving constitutes a crisis of US hospice care that limits the freedom of dying people. Arguing for the need to focus on the time just before death, Braswell examines how the relationship of hospice to familial caregiving evolved. He traces the history of hospice over the past fifty years and describes the choice that people dying with inadequate familial support face between a neglectful home environment and an impersonal nursing home.A nuanced look at the personal and political dimensions that shape long-term, end-of-life care, this historical and ethnographic study demonstrates that the crisis in US hospice care can be alleviated only by establishing the centrality of hospice to American freedom. Providing a model for the transformative work that is required going forward, The Crisis of US Hospice Care illustrates the potential of hospice for facilitating a new way of living our last days and for having the best death possible.
The Crisis of US Hospice Care: Family and Freedom at the End of Life
by Harold BraswellHospice is the dominant form of end-of-life care in the United States. But while the US hospice system provides many forms of treatment that are beneficial to dying people and their families, it does not encompass what is commonly referred to as long-term care, which includes help with the activities of daily living: feeding, bathing, general safety, and routine hygienic maintenance. Frequently, such care is carried out by an informal network of unpaid caregivers, such as the person's family or loved ones, who are often ill-prepared to offer this type of support. In The Crisis of US Hospice Care, Harold Braswell argues that the stress of providing long-term care typically overwhelms family members and that overdependence on familial caregiving constitutes a crisis of US hospice care that limits the freedom of dying people. Arguing for the need to focus on the time just before death, Braswell examines how the relationship of hospice to familial caregiving evolved. He traces the history of hospice over the past fifty years and describes the choice that people dying with inadequate familial support face between a neglectful home environment and an impersonal nursing home.A nuanced look at the personal and political dimensions that shape long-term, end-of-life care, this historical and ethnographic study demonstrates that the crisis in US hospice care can be alleviated only by establishing the centrality of hospice to American freedom. Providing a model for the transformative work that is required going forward, The Crisis of US Hospice Care illustrates the potential of hospice for facilitating a new way of living our last days and for having the best death possible.
The Crisis of US Hospice Care: Family and Freedom at the End of Life
by Harold BraswellHospice is the dominant form of end-of-life care in the United States. But while the US hospice system provides many forms of treatment that are beneficial to dying people and their families, it does not encompass what is commonly referred to as long-term care, which includes help with the activities of daily living: feeding, bathing, general safety, and routine hygienic maintenance. Frequently, such care is carried out by an informal network of unpaid caregivers, such as the person's family or loved ones, who are often ill-prepared to offer this type of support. In The Crisis of US Hospice Care, Harold Braswell argues that the stress of providing long-term care typically overwhelms family members and that overdependence on familial caregiving constitutes a crisis of US hospice care that limits the freedom of dying people. Arguing for the need to focus on the time just before death, Braswell examines how the relationship of hospice to familial caregiving evolved. He traces the history of hospice over the past fifty years and describes the choice that people dying with inadequate familial support face between a neglectful home environment and an impersonal nursing home.A nuanced look at the personal and political dimensions that shape long-term, end-of-life care, this historical and ethnographic study demonstrates that the crisis in US hospice care can be alleviated only by establishing the centrality of hospice to American freedom. Providing a model for the transformative work that is required going forward, The Crisis of US Hospice Care illustrates the potential of hospice for facilitating a new way of living our last days and for having the best death possible.
The Crisis-Prone Society: A Brief Guide To Managing The Beliefs That Drive Risk In Business
by I. Mitroff C. AlpaslanThe Crisis-Prone Society offers preventative measures that can be taken by business professionals and scholars alike to alleviate the growing potential for crises today. These measures are distilled by close analysis of our recent social history of disasters.
Crisis Resolution: Presidential Decision Making In The Mayaguez And Korean Confrontations
by Richard G. HeadIn the nuclear era, the use of even low levels of force risks catastrophe for all mankind. Yet military force remains an important element of political strategy, and control and coordination of its use with other instruments of national power is of vital importance. The authors of this book, examining two crises that occurred during the Ford admini
Crisis Resolution: Presidential Decision Making In The Mayaguez And Korean Confrontations
by Richard G. HeadIn the nuclear era, the use of even low levels of force risks catastrophe for all mankind. Yet military force remains an important element of political strategy, and control and coordination of its use with other instruments of national power is of vital importance. The authors of this book, examining two crises that occurred during the Ford admini
Crisis Response in Higher Education: How the Pandemic Challenged University Operations and Organisation
by Jonathan Grant Mats Benner Mary O’KaneThis open access book explores the impact of Covid-19 on universities, and how students, staff, faculty and academic leaders have adapted to and dealt with the impact of the pandemic. Drawing on experiences from Britain, Australia and Sweden, it showcases how Covid has challenged routines and procedures in universities, and thrown them into a disarray of ever-changing events and short-term adaptations. The authors pay particular attention to how students, staff, faculty, and leaders have coped with Covid, through a series of autobiographical portraits of their strains but also heroic efforts in the harshest of circumstances. This important book explores the exceptional ramifications of the pandemic but also how universities may contribute to a fairer and more robust society and concludes with a set of prescriptions for universities that aim to be proactive and resilient forces in society. It will be of interest to scholars interested in higher education, governance and organizational studies.This is an open access book.
The Criterion for Distinguishing Legal Opinions from Judicial Rulings and the Administrative Acts of Judges and Rulers (World Thought in Translation)
by Shihab al-Din al-Qarafi al-MalikiThe first and much-needed English translation of a thirteenth-century text that shaped the development of Islamic law in the late middle ages. Scholars of Islamic law can find few English language translations of foundational Islamic legal texts, particularly from the understudied Mamluk era. In this edition of the Tamyiz, Mohammad Fadel addresses this gap, finally making the great Muslim jurist Shihab al-Din al-Qarafi’s seminal work available to a wider audience. Al-Qarafi’s examination of the distinctions among judicial rulings, which were final and unassailable, legal opinions, which were advisory and not binding, and administrative actions, which were binding but amenable to subsequent revision, remained standard for centuries and are still actively debated today.
Critical: Why The Nhs Is Being Betrayed And How We Can Fight For It
by Dr Julia PattersonThe true, eye-opening account of how the NHS has been failed and what we can do to save it.
A Critical Account of Article 106: Government Failure in Public Service Provision (Hart Studies in Competition Law)
by Jarleth BurkeA Critical Account of Article 106(2) TFEU: Government Failure in Public Service Provision offers a sceptical perspective on how EU law applies to public services. Article 106(2) provides that other Treaty rules may be disapplied in order to sustain a Service of General Economic Interest (SGEI). The rhetorical presentation of Article 106(2) is as a strict exception. As a result, Article 106(2) is often presented as a threat to Europe's public service tradition. This book challenges those shibboleths by using the concept of government failure. It is concerned with instances of government intervention that are unnecessary, generate avoidable inefficiencies, or that can be bettered so as to realise general interest goals more efficaciously. As an element of the government failure critique, a market feasibility test incorporating the concept of market failure is used to expose laxity in the review of general interests under Article 106(2). Complementing that, the process of disapplying other Treaty rules under Article 106(2) is shown to have evolved from being strict to being highly indulgent of SGEI providers, with a relatively recent but only partial correction post Altmark. Overall, the strict exception label for Article 106(2) does not hold. Moreover, it is contingent and presents no legitimate general interest related threat to the organisation and delivery of public services. A comprehensive re-orientation of Article 106(2) on issues of proof is required, as is greater reliance on market counterfactuals, and much more careful separation of objectives and means in SGEI operation and design. Through these measures, the toleration of government failure can be stemmed and Article 106(2)'s contingency reduced.
A Critical Account of Article 106: Government Failure in Public Service Provision (Hart Studies in Competition Law)
by Jarleth BurkeA Critical Account of Article 106(2) TFEU: Government Failure in Public Service Provision offers a sceptical perspective on how EU law applies to public services. Article 106(2) provides that other Treaty rules may be disapplied in order to sustain a Service of General Economic Interest (SGEI). The rhetorical presentation of Article 106(2) is as a strict exception. As a result, Article 106(2) is often presented as a threat to Europe's public service tradition. This book challenges those shibboleths by using the concept of government failure. It is concerned with instances of government intervention that are unnecessary, generate avoidable inefficiencies, or that can be bettered so as to realise general interest goals more efficaciously. As an element of the government failure critique, a market feasibility test incorporating the concept of market failure is used to expose laxity in the review of general interests under Article 106(2). Complementing that, the process of disapplying other Treaty rules under Article 106(2) is shown to have evolved from being strict to being highly indulgent of SGEI providers, with a relatively recent but only partial correction post Altmark. Overall, the strict exception label for Article 106(2) does not hold. Moreover, it is contingent and presents no legitimate general interest related threat to the organisation and delivery of public services. A comprehensive re-orientation of Article 106(2) on issues of proof is required, as is greater reliance on market counterfactuals, and much more careful separation of objectives and means in SGEI operation and design. Through these measures, the toleration of government failure can be stemmed and Article 106(2)'s contingency reduced.
Critical Adult Education in Food Movements
This book focuses on research that shows the importance of critical adult education for the spread of food sovereignty and agroecology to more people and places. It pays particular attention to the important role that learning, education and pedagogy can play in social transformation for food sovereignty and justice—an approach referred to broadly as “Learning for Transformation”. It reveals common dynamics and principles that critical education for food sovereignty share in different contexts. The book draws together 8 chapters that offer new critical insights about why, where, and how learning for transformation is being implemented,—and what next.Previously published in Agriculture and Human Values Volume 36, issue 3, September 2019Chapter “Transformative agroecology learning in Europe: building consciousness, skills and collective capacity for food sovereignty” is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.
Critical Analysis of Organizations: Theory, Practice, Revitalization
by Catherine Joan Casey`Catherine Casey has written an excellent book that provides a lucid and comprehensive critical analysis of organizations.…[It] extends in reach and relevance beyond the specific field of organization studies and the sociology of organizations to encompass broader intellectual developments that have had a significant impact on contemporary sociology and cultural studies' - Barry Smart, Professor of Sociology, University of Portsmouth `I anticipate that it will prove to be an attractive book in organization studies, industrial sociology and general sociology. I am sure that this will be a book that will make a major impact' - Mike Reed, Professor of Organization Theory, Lancaster University In this comprehensive and scholarly book, the essential critical strands in organizational analysis are explained. It examines how central traditions have realigned in relation to the challenge of postmodernism and the new reflexive turn in organizational studies. Judicious, innovative and written with the needs of students in mind, this book offers a renewed and revitalized critical accent in organization studies - one that focuses on existing and emerging social tendencies, contestations and struggles. It will be essential reading for senior students of organization studies and sociology.
Critical Analysis of Organizations: Theory, Practice, Revitalization
by Catherine Joan Casey`Catherine Casey has written an excellent book that provides a lucid and comprehensive critical analysis of organizations.…[It] extends in reach and relevance beyond the specific field of organization studies and the sociology of organizations to encompass broader intellectual developments that have had a significant impact on contemporary sociology and cultural studies' - Barry Smart, Professor of Sociology, University of Portsmouth `I anticipate that it will prove to be an attractive book in organization studies, industrial sociology and general sociology. I am sure that this will be a book that will make a major impact' - Mike Reed, Professor of Organization Theory, Lancaster University In this comprehensive and scholarly book, the essential critical strands in organizational analysis are explained. It examines how central traditions have realigned in relation to the challenge of postmodernism and the new reflexive turn in organizational studies. Judicious, innovative and written with the needs of students in mind, this book offers a renewed and revitalized critical accent in organization studies - one that focuses on existing and emerging social tendencies, contestations and struggles. It will be essential reading for senior students of organization studies and sociology.
Critical and Comparative Rhetoric: Unmasking Privilege and Power in Law and Legal Advocacy to Achieve Truth, Justice, and Equity
by Elizabeth Berenguer Lucy Jewel Teri A. McMurtry-ChubbThrough the lenses of comparative and critical rhetoric, this book theorizes how alternative approaches to communication can transform legal meanings and legal outcomes, infusing them with more inclusive participation, equity and justice. Viewing legal language through a radical lens, the book sets aside longstanding norms that derive from White and Euro-centric approaches in order to re-situate legal methods as products of new rhetorical models that come from diasporic and non-Western cultures. The book urges readers to re-consider how they think about logic and rhetoric and to consider other ways of building knowledge that can heal the law’s current structures that often perpetuate and reinforce systems of privilege and power.
Critical and Comparative Rhetoric: Unmasking Privilege and Power in Law and Legal Advocacy to Achieve Truth, Justice, and Equity
by Elizabeth Berenguer Lucy Jewel Teri A. McMurtry-ChubbThrough the lenses of comparative and critical rhetoric, this book theorizes how alternative approaches to communication can transform legal meanings and legal outcomes, infusing them with more inclusive participation, equity and justice. Viewing legal language through a radical lens, the book sets aside longstanding norms that derive from White and Euro-centric approaches in order to re-situate legal methods as products of new rhetorical models that come from diasporic and non-Western cultures. The book urges readers to re-consider how they think about logic and rhetoric and to consider other ways of building knowledge that can heal the law’s current structures that often perpetuate and reinforce systems of privilege and power.
Critical Animal And Media Studies: Communication For Nonhuman Animal Advocacy (PDF)
by Núria Almiron Matthew Cole Carrie P. FreemanThis book aims to put the speciesism debate and the treatment of non-human animals on the agenda of critical media studies and to put media studies on the agenda of animal ethics researchers. Contributors examine the convergence of media and animal ethics from theoretical, philosophical, discursive, social constructionist, and political economic perspectives. The book is divided into three sections: foundations, representation, and responsibility, outlining the different disciplinary approaches' application to media studies and covering how non-human animals, and the relationship between humans and non-humans, are represented by the mass media, concluding with suggestions for how the media, as a major producer of cultural norms and values related to non-human animals and how we treat them, might improve such representations.
Critical Animal and Media Studies: Communication for Nonhuman Animal Advocacy (Routledge Research in Cultural and Media Studies)
by Núria Almiron Matthew Cole Carrie P. FreemanThis book aims to put the speciesism debate and the treatment of non-human animals on the agenda of critical media studies and to put media studies on the agenda of animal ethics researchers. Contributors examine the convergence of media and animal ethics from theoretical, philosophical, discursive, social constructionist, and political economic perspectives. The book is divided into three sections: foundations, representation, and responsibility, outlining the different disciplinary approaches’ application to media studies and covering how non-human animals, and the relationship between humans and non-humans, are represented by the mass media, concluding with suggestions for how the media, as a major producer of cultural norms and values related to non-human animals and how we treat them, might improve such representations.