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The Art of Trial Process: An Outline of Judicial Philosophy in China
by Kai YangThis book focuses on the reality of China’s modern judiciary, systematically demonstrating and discussing the judicial philosophy and judicial ethics as applied by Chinese courts and judges. In order to illustrate the methods of jurisprudence and sociology of law in the context of China’s judicial practice and practicability of applicable laws, it also addresses judicial methodology and Chinese judges' trial methods. Based on comparative study and aiming at global judicial reform, the book provides valuable guidance and insights for readers pursuing a detailed understanding of modern Chinese judiciary, Chinese judges and Chinese rule of law. The book is intended to primarily serve the need of legal professionals around the world, in particular those who are interested in China’s judicial system.
The Art of Worldly Wisdom
by Joseph Jacobs Baltasar Gracián"Think with the few and speak with the many," "Friends are a second existence," and "Be able to forget" are among this volume's 300 thought-provoking maxims on politics, professional life, and personal development. Published in 1637, it was an instant success throughout Europe. The Jesuit author's timeless advice, focusing on honesty and kindness, remains ever popular. A perfect browsing book of mental and spiritual refreshment, it can be opened at random and appreciated either for a few moments or for an extended period.
Art Scents: Exploring the Aesthetics of Smell and the Olfactory Arts (Thinking Art)
by Larry ShinerAlthough the arts of incense and perfume making are among the oldest of human cultural practices, it is only in the last two decades that the use of odors in the creation of art has begun to attract attention under the rubrics of 'olfactory art' or 'scent art.' Contemporary olfactory art ranges from gallery and museum installations and the use of scents in music, film, and drama, to the ambient scenting of stores and the use of scents in cuisine. All these practices raise aesthetic and ethical issues, but there is a long-standing philosophical tradition, most notably articulated in the work of Kant and Hegel, which argues that the sense of smell lacks the cognitive capacity to be a vehicle for either serious art or reflective aesthetic experience. This neglect and denigration of the aesthetic potential of smell was further reinforced by Darwin's and Freud's views of the human sense of smell as a near useless evolutionary vestige. Smell has thus been widely neglected within the philosophy of art. Larry Shiner's wide-ranging book counters this tendency, aiming to reinvigorate an interest in smell as an aesthetic experience. He begins by countering the classic arguments against the aesthetic potential of smell with both philosophical arguments and evidence from neuroscience, psychology, anthropology, history, linguistics, and literature. He then draws on this empirical evidence to explore the range of aesthetic issues that arise in each of the major areas of the olfactory arts, whether those issues arise from the use of scents with theater and music, sculpture and installation, architecture and urban design, or avant-garde cuisine. Shiner gives special attention to the art status of perfumes and to the ethical issues that arise from scenting the body, the ambient scenting of buildings, and the use of scents in fast food. Shiner's book provides both philosophers and other academic readers with not only a comprehensive overview of the aesthetic issues raised by the emergence of the olfactory arts, but also shows the way forward for further studies of the aesthetics of smell.
Art Scents: Exploring the Aesthetics of Smell and the Olfactory Arts (Thinking Art)
by Larry ShinerAlthough the arts of incense and perfume making are among the oldest of human cultural practices, it is only in the last two decades that the use of odors in the creation of art has begun to attract attention under the rubrics of 'olfactory art' or 'scent art.' Contemporary olfactory art ranges from gallery and museum installations and the use of scents in music, film, and drama, to the ambient scenting of stores and the use of scents in cuisine. All these practices raise aesthetic and ethical issues, but there is a long-standing philosophical tradition, most notably articulated in the work of Kant and Hegel, which argues that the sense of smell lacks the cognitive capacity to be a vehicle for either serious art or reflective aesthetic experience. This neglect and denigration of the aesthetic potential of smell was further reinforced by Darwin's and Freud's views of the human sense of smell as a near useless evolutionary vestige. Smell has thus been widely neglected within the philosophy of art. Larry Shiner's wide-ranging book counters this tendency, aiming to reinvigorate an interest in smell as an aesthetic experience. He begins by countering the classic arguments against the aesthetic potential of smell with both philosophical arguments and evidence from neuroscience, psychology, anthropology, history, linguistics, and literature. He then draws on this empirical evidence to explore the range of aesthetic issues that arise in each of the major areas of the olfactory arts, whether those issues arise from the use of scents with theater and music, sculpture and installation, architecture and urban design, or avant-garde cuisine. Shiner gives special attention to the art status of perfumes and to the ethical issues that arise from scenting the body, the ambient scenting of buildings, and the use of scents in fast food. Shiner's book provides both philosophers and other academic readers with not only a comprehensive overview of the aesthetic issues raised by the emergence of the olfactory arts, but also shows the way forward for further studies of the aesthetics of smell.
Art, Spirituality and Economics: Liber Amicorum for Laszlo Zsolnai (Virtues and Economics #2)
by Luk Bouckaert Knut J. Ims Peter RonaThis volume celebrates the work of Laszlo Zsolnai, a leading researcher and scholar in the field of the ethical and spiritual aspects of economic life, who has made significant contributions to the connection between ethics, spirituality, aesthetics and economic theory. The book offers a selection of essays concerned with the ethical, spiritual and aesthetic context within which economics as a social studies discipline should be situated in order to avoid the sort of dehumanising consequences that theories based on utility maximisation and rational choice necessarily entail. It presents the economic activities of human beings not as some sort of preordained obedience to universal laws that operate independently of other human concerns, but, rather, as a part of the human desire for the Aristotelian good life. It looks at the various considerations –moral, spiritual and aesthetic – that take part in the formation of economic decisions in sharp contrast with theories that purport to explain economic phenomena solely on the basis of utility maximisation.
Artefacts of Legal Inquiry: The Value of Imagination in Adjudication
by Maksymilian Del MarWhat is the value of fictions, metaphors, figures and scenarios in adjudication? This book develops three models to help answer that question: inquiry, artefacts and imagination.Legal language, it is argued, contains artefacts – forms that signal their own artifice and call upon us to do things with them. To imagine, in turn, is to enter a distinctive epistemic frame where we temporarily suspend certain epistemic norms and commitments and participate actively along a spectrum of affective, sensory and kinesic involvement.The book argues that artefacts and related processes of imagination are valuable insofar as they enable inquiry in adjudication, ie the social (interactive and collective) process of making insight into what values, vulnerabilities and interests might be at stake in a case and in similar cases in the future.Artefacts of Legal Inquiry is structured in two parts, with the first offering an account of the three models of inquiry, artefacts and imagination, and the second examining four case studies (fictions, metaphors, figures and scenarios).Drawing on a broad range of theoretical traditions – including philosophy of imagination and emotion, the theory and history of rhetoric, and the cognitive humanities – this book offers an interdisciplinary defence of the importance of artefactual language and imagination in adjudication.
Artefacts of Legal Inquiry: The Value of Imagination in Adjudication
by Maksymilian Del MarWhat is the value of fictions, metaphors, figures and scenarios in adjudication? This book develops three models to help answer that question: inquiry, artefacts and imagination.Legal language, it is argued, contains artefacts – forms that signal their own artifice and call upon us to do things with them. To imagine, in turn, is to enter a distinctive epistemic frame where we temporarily suspend certain epistemic norms and commitments and participate actively along a spectrum of affective, sensory and kinesic involvement.The book argues that artefacts and related processes of imagination are valuable insofar as they enable inquiry in adjudication, ie the social (interactive and collective) process of making insight into what values, vulnerabilities and interests might be at stake in a case and in similar cases in the future.Artefacts of Legal Inquiry is structured in two parts, with the first offering an account of the three models of inquiry, artefacts and imagination, and the second examining four case studies (fictions, metaphors, figures and scenarios).Drawing on a broad range of theoretical traditions – including philosophy of imagination and emotion, the theory and history of rhetoric, and the cognitive humanities – this book offers an interdisciplinary defence of the importance of artefactual language and imagination in adjudication.
Arthur Cox Employment Law Yearbook 2015
by Arthur Cox Employment Law GroupThis annual Irish publication contains selected cases and materials relevant to Employment Law. Practitioners need to be up to date and this annual publication provides that service. By being selective, and having that selection carried out by experienced lawyers, practitioners are pointed in the right direction. Comprises of:Irish law: decisions of the superior courts, Labour Court, Equality Tribunal, Employment Appeals Tribunal etc; Irish legislation (Workplace Relations Act 2015) and statutory instruments;English law so far as relevant eg common law decisions;EU law: decisions of the Court of Justice of the European Communities and relevant Directives/Regulations; Other material such as Annual Reports of the EAT, the Labour Court, the Health & Safety Authority, the activities of NERA.
Arthur Cox Employment Law Yearbook 2016
by Arthur Cox Employment Law GroupThis annual Irish publication contains selected cases and materials relevant to Employment Law. Practitioners need to be up to date and this annual publication provides that service. By being selective, and having that selection carried out by experienced lawyers, practitioners are pointed in the right direction. The book also covers the significant reforms under new Workplace Relations Act 2015.Comprises of:Irish law: decisions of the superior courts, Labour Court, Equality Tribunal, Employment Appeals Tribunal and the Workplace Relations Commission etc; Irish legislation and statutory instruments;English law so far as relevant eg common law decisions;EU law: decisions of the Court of Justice of the European Communities and relevant Directives/Regulations; Other material such as Annual Reports of employment bodies.
Arthur Cox Employment Law Yearbook 2017
by Arthur Cox Employment Law GroupThis annual Irish publication contains selected cases and materials relevant to Employment Law. Practitioners need to be up to date and this annual publication provides that service. By being selective, and having that selection carried out by experienced lawyers, practitioners are pointed in the right direction. The book also covers the significant reforms under new Workplace Relations Act 2015.Comprises of:Irish law: decisions of the superior courts, Labour Court, Equality Tribunal, Employment Appeals Tribunal and the Workplace Relations Commission etc; Irish legislation and statutory instruments;English law so far as relevant eg common law decisions;EU law: decisions of the Court of Justice of the European Communities and relevant Directives/Regulations; Other material such as Annual Reports of employment bodies.
Arthur Cox Employment Law Yearbook 2018
by Arthur Cox Employment Law Group2015 winner of the Practical Law Book of the Year at the Dublin Solicitors Bar Association AwardsThis annual Irish publication contains selected cases and materials relevant to Employment Law, specifically the case law and decisions that took place in Ireland throughout 2018. Practitioners need to be up to date and this annual publication provides that service. By being selective, and having that selection carried out by experienced lawyers, practitioners are pointed in the right direction. It will also be of great use to HR professionals and trade union officials who have need to reference this legal area. The title contains analysis and discussions on:- Irish law: decisions of the superior courts, Labour Court, Equality Tribunal, Employment Appeals Tribunal etc; - Irish legislation (including the Workplace Relations Act 2015) and statutory instruments;- English law so far as relevant e.g. common law decisions;- EU law: decisions of the Court of Justice of the European Communities and relevant Directives/Regulations; - Data protection and freedom of information developments- Other material such as Annual Reports of the EAT, the Labour Court, the Health & Safety Authority, the activities of NERA as well as decisions listed in other complementary areas of the law, including taxation and pensions. These have all been selected by experienced lawyers in the relevant fields. This title is part of a series that is released yearly, to reflect each year's particular case laws and decisions.
Arthur Cox Employment Law Yearbook 2019
by Arthur Cox Employment Law GroupThis annual Irish publication contains selected case notes and materials relevant to employment law. Practitioners need to be up to date and this annual publication provides that service. By being selective, and having that selection carried out by experienced lawyers, practitioners are kept up to date by having access to the most prominent and important cases and legislation pertaining to the previous 12 months.Comprises of:Irish law: decisions of the superior courts, Labour Court, Equality Tribunal, Employment Appeals Tribunal and the Workplace Relations Commission etc; Irish legislation and statutory instruments;English law so far as relevant eg common law decisions;EU law: decisions of the Court of Justice of the European Communities and relevant Directives/Regulations; Other material such as Annual Reports of employment bodies.
Arthur Cox Employment Law Yearbook 2020
by Arthur Cox Employment Law GroupThis annual Irish publication contains selected case notes and materials relevant to employment law. Practitioners need to be up to date and this annual publication provides that service. By being selective, and having that selection carried out by experienced lawyers, practitioners are kept up to date by having access to the most prominent and important cases and legislation pertaining to the previous 12 months. Comprises of: Irish law - decisions of the Superior Courts, Labour Court, Equality Tribunal, EAT and WRC;Irish legislation and statutory instruments;English law so far as relevant;EU law - ECJ decisions and relevant Directives/Regulations;Other material such as annual reports of employment bodies.
Arthur Cox Employment Law Yearbook 2021
by Arthur Cox Employment Law Group2015 winner of the Practical Law Book of the Year at the Dublin Solicitors Bar Association AwardsThis annual publication contains selected cases and materials relevant to Irish employment law practitioners, specifically those from throughout 2021. Their selection is carried out by the experienced lawyers of the Arthur Cox Employment Law Group. This book is also of great use to HR professionals and trade union officials who need to be up to speed with developments in employment law.The title contains analysis and discussions on:- Irish law: decisions of the superior courts, Labour Court, Equality Tribunal, Employment Appeals Tribunal etc;- Irish legislation (including the Workplace Relations Act 2015) and statutory instruments;- English law so far as relevant e.g. common law decisions;- EU law: decisions of the Court of Justice of the European Communities and relevant Directives/Regulations;- Data protection and freedom of information developments- Other material such as Annual Reports of the EAT, the Labour Court, the Health & Safety Authority, the activities of NERA as well as decisions listed in other complementary areas of the law, including taxation and pensions. These have all been selected by experienced lawyers in the relevant fields.This title is part of a series that is released yearly, to reflect each year's particular case laws and decisions.
Arthur Cox Employment Law Yearbook 2022
by Arthur Cox Employment Law Group'This book ticks all the boxes for lawyers specialising in employment law or for HR professionals or trade-union officials who need to reference the area.' – Conall Bergin, Law Society Gazette 2015 winner of the Practical Law Book of the Year at the Dublin Solicitors' Bar Association Awards. Arthur Cox Employment Law Yearbook 2022 is the twelfth in a series of publications written by various subject matter experts at Arthur Cox LLP. Set out in alphabetical format for ease of use, the Yearbook covers developments during 2022 in employment law, equality, industrial relations, pensions, taxation relating to employment and data protection law. Developments in employment law in Northern Ireland are also addressed. The book contains case notes, commentary and discussion on: - Irish law: decisions of the Superior Courts, Labour Court, Equality Tribunal and WRC - Irish legislation and statutory instruments - English law so far as relevant (eg common law decisions) - EU law: ECJ decisions and relevant Directives/Regulations - Other material such as annual reports of employment bodies This is an essential book for lawyers specialising in employment law and other relevant areas, as well as HR professionals, in-house counsel, managers and trade union officials. It is also an invaluable and up-to-date resource for students studying employment law.This title is included in Bloomsbury Professional's Irish Employment Law online service.
Arthur Cox Employment Law Yearbook 2023
by Arthur Cox Employment Law Group'This book ticks all the boxes for lawyers specialising in employment law or for HR professionals or trade-union officials who need to reference the area.' – Conall Bergin, Law Society Gazette (Review of a previous edition)2015 winner of the Practical Law Book of the Year at the Dublin Solicitors' Bar Association Awards.This is the thirteenth in a series of publications written by various subject matter experts at Arthur Cox LLP. Set out in alphabetical format for ease of use, the Yearbook covers developments during 2023 in employment law, equality, industrial relations, pensions, taxation relating to employment and data protection law.The book contains case notes, commentary and discussion on: - Irish law: decisions of the Superior Courts, Labour Court, Equality Tribunal and WRC- Irish legislation, statutory instruments and regulations- English law so far as relevant (e.g. common law decisions)- EU law: ECJ decisions and relevant Directives and Regulations- Developments in pensions law- Data protection developments- Northern Ireland – 2023 in Outline- Tax lawThis is an essential book for lawyers specialising in employment law and other relevant areas, as well as HR professionals, in-house counsel, managers and trade union officials. It is also an invaluable and up-to-date resource for students studying employment law.This title is included in Bloomsbury Professional's Irish Employment Law online service.
The Arthur Crawford Scandal: Corruption, Governance, and Indian Victims
by Michael D. MetelitsSet against the political background of 19th century colonial India, The Arthur Crawford Scandal presents a critical analysis of bureaucratic and legal corruption in the country and suggests some long-term implications for the Indian justice system. The scandal was exposed when the eponymous revenue commissioner of the Central Division of Bombay Presidency, Arthur Travers Crawford, stood accused of corruption, but was subsequently absolved of all allegations of bribery. Through a descriptive analysis of this event, the volume also focusses on the collateral damage of the scandal—the Indian victims—as well as issues of racism, cultural differences and class conflict. Written in an engaging manner, the volume draws one into the narrative of the empire and reveals how public discussions in the newspapers, court rooms, and the British parliament played a role in shaping public notions of administrative morality. The book shows that even a century ago, discriminatory treatment by officials involved in corrupt acts weakened public confidence in and support for the ruling government.
Arthur H. Westing: Pioneer on the Environmental Impact of War (SpringerBriefs on Pioneers in Science and Practice #1)
by Arthur H. WestingSince the 1960s the environment has become an issue of increasing public concern in North America and elsewhere. Triggered by the Second Indochina War (Vietnam Conflict) of 1961-1975, and further encouraged by the International Conference on the Human Environment, held in Stockholm in 1972, the environmental impact of war emerged and grew as a topic of research in the natural and the social sciences. And in the late 1980s this led additionally to a focus and debate on environmental security. Arthur Westing, a forest ecologist, was a major pioneer contributing and framing both of those debates conceptually, theoretically, and empirically, starting with Harvest of Death: Chemical Warfare in Vietnam and Cambodia (1972) (co-authored with wildlife biologist E.W. Pfeiffer and others). As a Senior Researcher at the Stockholm and Oslo International Peace Research Institutes (SIPRI and PRIO), and as a Professor of Ecology at Windham and Hampshire Colleges, Westing authored and edited books on Ecological Consequences of the Second Indochina War (1976), Weapons of Mass Destruction and the Environment (1977), Warfare in a Fragile World: Military Impact on the Human Environment (1980), Herbicides in War: the Long-term Ecological and Human Consequences (1984), Environmental Warfare: a Technical, Legal and Policy Appraisal (1984), Explosive Remnants of War: Mitigating the Environmental Effects (1985), Global Resources and International Conflict: Environmental Factors in Strategic Policy and Action (1986), Cultural Norms, War and the Environment (1988), Comprehensive Security for the Baltic: an Environmental Approach (1989), and Environmental Hazards of War: Releasing Dangerous Forces in an Industrialized World (1990) --- as well as authoring numerous UN reports, book chapters, and journal articles. This volume combines six of his pioneering contributions on the environmental consequences of warfare in Viet Nam and in Kuwait, on the environmental impact of nuclear war, and on legal constraints and military guidelines for protecting the environment in wartime
Arthur J. Goldberg: New Deal Liberal
by David StebenneThis book is the first biography ever written of Arthur J. Goldberg, the former labor lawyer, Secretary of Labor under Kennedy, and Supreme Court justice (which post he resigned at the request of Lyndon Johnson to become U.S. Ambassador to the United Nations), who played a leading role in American political life from World War II until the end of the 1960s. Goldberg, who never wrote memoirs himself, shared his thoughts about his life and work with Stebenne in a series of conversations, which took place occasionally from the fall of 1981 through to Goldberg's death in 1990. He also allowed Stebenne access to his papers, including those held under seal in presidential libraries and at the Library of Congress. Based upon these unique sources and written to be accessible to a wide audience, Arthur J. Goldberg is both the story of a leading American liberal and a history of modern American liberalism.
Article 12B UN Model Convention 2021: The UN’s Response to the Tax Challenges Arising From the Digitalization of the Economy
by Christian KnotzerThis groundbreaking book – a major contribution addressing the imperative to find a solution to what has been labelled as the Tax Challenges Arising from the Digitalization of the Economy – provides the first comprehensive analysis of Article 12B of the UN Model Double Taxation Convention 2021, a model distributive rule for ‘Income from Automated Digital Services’. In extensive detail, the author thoroughly examines the article’s underlying principles, its individual provisions, the tax policy context that surrounds it, how it might be applied, and what its strengths and weaknesses are. The author’s analysis (which includes a paragraph-by-paragraph discussion of the article and examines its Commentary in extensive detail) covers all aspects of the article and its significance, including the following: how to reconcile the approach taken by Article 12B UN Model Convention with general principles underlying the coordination of taxing claims; legal and tax policy relation to other provisions of the UN Model Convention and to the OECD/Inclusive Framework Pillar One/Amount A; influence of developing countries in forums of international tax coordination; the value of country positions and minority views in Model Conventions; categories of digital services; the novel option for annual net taxation in Article 12B(3) UN Model Convention; and the proposal for a UN fast-track instrument. It is not surprising that the ubiquitous digitalization of the economy has led to a widespread sense of unease in the international tax community. Practitioners and policymakers who face this issue in their day-to-day work will greatly appreciate this book’s clear explanation of how Article 12B UN Model Convention works and benefit from its consideration of how it is likely to be implemented in the international double taxation treaty network.
Article 234 and Competition Law: An Analysis (International Competition Law Ser. #Vol. 33)
by Barry J. RodgerIt is a truism that almost all the major principles established by the ECJ have been decided in the context of a reference to that court for a preliminary ruling under Article 234 (ex 177) EC. Article 234 facilitates a dialogue between the national courts and the ECJ in order to allow national courts to seek guidance on the appropriate interpretation of Community law principles in a particular legal dispute. From a Community perspective, this process should enhance the uniform and consistent interpretation of Community law throughout the national courts. This book adds to a growing body of literature on the ECJ’s role in developing Community law and comprises quantitative and qualitative aspects. It is based on collaborative research, involving 14 Member States, which focused on the Article 234 procedure in relation to competition law and State aid cases. Rapporteurs were appointed in each Member State from which any Article 177/234 references had been made in relation to competition law or State aid. The results presented here follow up competition law-related Article 234 rulings to their domestic legal context, to ascertain what happened in the subsequent legal phase, when parties seek to enforce their rights or rely on other party’s obligations, on the basis of the ruling by the ECJ. Each national report is built on a questionnaire seeking information on a range of issues relative to every competition law-related ruling by the ECJ in references from that Member State’s courts, including the following: the number of rulings in relation to that Member State; the dates of all rulings; details of the case background, reference questions, and the ECJ ruling for each case; and information, where available, on each post-ruling process. The research is comprehensive in reviewing all competition law-related rulings to 1 May 2004, and pioneering as being the first systematic attempt to collate detailed information on all relevant cases, including crucially the post-ruling process. This research is an important contribution to the literature on the ECJ and its role in developing a competition culture across the Community. Moreover, the importance of ensuring consistency and uniformity in the implementation of EC competition law by national courts has been given added significance following the accession of new Member States. In light of these factors, this book will serve as a reliable groundwork for further studies of the development of European integration, particularly as it focuses on competition law, an area of ever-increasing significance and importance. It is also of distinctive value to practitioners seeking precedents or juridical context on which to build arguments in European competition law.
Article 8 ECHR, Family Reunification and the UK’s Supreme Court: Family Matters? (Human Rights Law in Perspective)
by Helena WrayHow do courts reconcile protecting family life with immigration control in human rights cases? This book addresses that question through an analysis of 11 UK Supreme Court decisions on immigration and family life, mostly focusing on Article 8 ECHR, the right to respect for family life, and starting with Huang v SSHD in 2007. The analysis is set against a national context that includes the Human Rights Act 1998 and regular controversies over immigration.The book explains how the European Court of Human Rights jurisprudence has developed in recent years, but, particularly in the absence of children, it often still awards little weight to claims by citizens and residents to be joined by family when immigration status is an issue. This reflects governments' resistance to encroachment on their control over borders. The Supreme Court decisions show that, despite powers conferred by the Human Rights Act, a more nuanced position in domestic law was difficult to articulate and sustain. The book explores the way in which these problems were reflected in the changing language, argumentation, and structure of judgments. These problems revealed judges to be strategic actors drawing on personal and institutional values and responding to the shifting political context.A more generous reading of Article 8 would be legally coherent but needs wider societal support to be realisable. The book ends with a discussion of how, if such support were present, the jurisprudence could give more weight to the needs of families. It is vital reading for anyone interested in families and immigration, and in the problems and potential of human rights adjudication.
Article 8 ECHR, Family Reunification and the UK’s Supreme Court: Family Matters? (Human Rights Law in Perspective)
by Helena WrayHow do courts reconcile protecting family life with immigration control in human rights cases? This book addresses that question through an analysis of 11 UK Supreme Court decisions on immigration and family life, mostly focusing on Article 8 ECHR, the right to respect for family life, and starting with Huang v SSHD in 2007. The analysis is set against a national context that includes the Human Rights Act 1998 and regular controversies over immigration.The book explains how the European Court of Human Rights jurisprudence has developed in recent years, but, particularly in the absence of children, it often still awards little weight to claims by citizens and residents to be joined by family when immigration status is an issue. This reflects governments' resistance to encroachment on their control over borders. The Supreme Court decisions show that, despite powers conferred by the Human Rights Act, a more nuanced position in domestic law was difficult to articulate and sustain. The book explores the way in which these problems were reflected in the changing language, argumentation, and structure of judgments. These problems revealed judges to be strategic actors drawing on personal and institutional values and responding to the shifting political context.A more generous reading of Article 8 would be legally coherent but needs wider societal support to be realisable. The book ends with a discussion of how, if such support were present, the jurisprudence could give more weight to the needs of families. It is vital reading for anyone interested in families and immigration, and in the problems and potential of human rights adjudication.
Article 81 EC and Public Policy
by Christopher TownleyThis book discusses the role of public policy in Article 81 of the EC Treaty. The Commission, and recently the Court of First Instance have said that the sole objective of Article 81 EC is consumer welfare. Many competition lawyers and economists support this view. Writing in a crisp, plain style, Townley demonstrates that public policy considerations are still relevant in that provision. He also examines how and where they are currently considered and then suggests why, how and where this might be changed. The book explains how some of the most complex competition law cases can be understood and offers a framework for those fighting or deciding such cases in the future. As such, it will be of interest to European competition lawyers, both academics and practitioners (furnishing them with a framework for hard cases), as well as students, seeking a deeper understanding of how the European competition rules work and how they interact both with European Union and Member State public policy goals. It will also help competition economists by revealing the mechanisms through which public policy considerations impact upon the consumer welfare test in European law.
Article 82 EC: Reflections on its Recent Evolution (Studies of the Oxford Institute of European and Comparative Law)
by Ariel EzrachiThe landscape of European competition law has seen significant changes in the past decade, both in terms of enforcement and substantive application. One of the last frontiers to be subjected to scrutiny has been Article 82. In recent years the European Commission has pushed forward the debate on the nature and scope of Article 82. Of major significance to this debate were the Commission's Consultation Paper on an economic approach to Article 82, the Discussion Paper on the application of Article 82 to exclusionary abuses, and the Commission's recent Guidance on its enforcement priorities in applying Article 82.The debate over the realm of Article 82 EC has raised important questions as to its past and present application. This collection of essays by international experts explores the changing boundaries of Article 82 EC and considers its recent evolution. The chapters cover a range of subjects, including the legal and economic implications of an effects-based approach to Article 82 EC, the recent Commission Guidance on Article 82 EC, the interface between intellectual property rights and competition law, licensing, tying, excessive pricing, and the protection of the consumer interest.