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The Rise and Fall of the Right of Silence: Principle, Politics and Policy
by Hannah QuirkWithin an international context in which the right to silence has long been regarded as sacrosanct, this book provides the first comprehensive, empirically-based analysis of the effects of curtailing the right to silence. The right to silence has served as the practical expression of the principles that an individual was to be considered innocent until proven guilty, and that it was for the prosecution to establish guilt. In 1791, the Fifth Amendment to the US Constitution proclaimed that none ‘shall be compelled in any criminal case to be a witness against himself’. In more recent times, the privilege against self-incrimination has been a founding principle for the International Criminal Court, the new South African constitution and the ad hoc International Criminal Tribunals for Rwanda and the former Yugoslavia. Despite this pedigree, over the past 30 years when governments have felt under pressure to combat crime or terrorism, the right to silence has been reconsidered (as in Australia), curtailed (in most of the United Kingdom) or circumvented (by the creation of the military tribunals to try the Guantánamo detainees). The analysis here focuses upon the effects of the Criminal Justice and Public Order Act 1994 in England and Wales. There, curtailing the right to silence was advocated in terms of ‘common sense’ policy-making and was achieved by an eclectic borrowing of concepts and policies from other jurisdictions. The implications of curtailing this right are here explored in detail with reference to England, Wales and Northern Ireland, but within a comparative context that examines how different ‘types’ of legal systems regard the right to silence and the effects of constitutional protection.
The Rise And Fall Of The Right Of Silence (PDF)
by Hannah QuirkWithin an international context in which the right to silence has long been regarded as sacrosanct, this book provides the first comprehensive, empirically-based analysis of the effects of curtailing the right to silence. The right to silence has served as the practical expression of the principles that an individual was to be considered innocent until proven guilty, and that it was for the prosecution to establish guilt. In 1791, the Fifth Amendment to the US Constitution proclaimed that none shall be compelled in any criminal case to be a witness against himself. In more recent times, the privilege against self-incrimination has been a founding principle for the International Criminal Court, the new South African constitution and the ad hoc International Criminal Tribunals for Rwanda and the former Yugoslavia. Despite this pedigree, over the past 30 years when governments have felt under pressure to combat crime or terrorism, the right to silence has been reconsidered (as in Australia), curtailed (in most of the United Kingdom) or circumvented (by the creation of the military tribunals to try the Guant mo detainees). The analysis here focuses upon the effects of the Criminal Justice and Public Order Act 1994 in England and Wales. There, curtailing the right to silence was advocated in terms of common sense policy-making and was achieved by an eclectic borrowing of concepts and policies from other jurisdictions. The implications of curtailing this right are here explored in detail with reference to England, Wales and Northern Ireland, but within a comparative context that examines how different #65533;types of legal systems regard the right to silence and the effects of constitutional protection.
The Rise of a New Superpower: Turkey's Key Role in the World Economy and Energy Market (SpringerBriefs in Economics)
by Angelo ArcuriThe book explains the reasons for the recent economic success of Turkey by examining the transformation of the private sector and the development policies implemented by the Turkish government. Further concrete insights are provided by professionals working for institutional and business players such as SACE, the first Italian insurance group in the field of export credit, and ABIGEM, a business center supporting SMEs in Turkey. Turkish Airlines, winner of the Best Airline in Europe award in 2012, also contributed to the volume through useful information provided by its press office. Turkey’s strategic role in the energy market is then analyzed, with discussion of the limits and opportunities of the oil, gas, and renewable sectors. In addition, careful attention is paid to the difficult relations between Turkey and the European Union and to Turkey’s application for EU membership. Turkey is one of the most important emerging countries in the world thanks to the booming economic growth that has been achieved there during the past decade. This book analyzes the increasingly key role played by Turkey within the international community by focusing on two main issues: the economic scenario and the energy market.
The Rise of Business Ethics (Routledge Studies in Business Ethics)
by Bernard MeesIn 1973, Daniel Bell argued that corporations in post-industrial societies increasingly needed to behave in accord with widely accepted social norms, particularly in terms of ethical behavior and social responsibility. Yet widespread criticism of business behavior was not an invention of the 1960s and 70s or a product of changing commercial norms. The key feature historically has been business scandal. Understandings of how the field of business ethics has emerged are undeveloped, however. This book is the first attempt to explain the conditions which saw a focus develop on business ethics especially in the 1960s and 70s, and how the broader field developed to encompass related notions such as corporate governance, corporate social responsibility, ethical leadership, sustainable business and responsible management education. The Rise of Business Ethics provides an introduction and analysis of the key developments in contemporary business ethics by examining them in terms of their diachronic development – the key thinkers, the key issues, the key institutions and how they each contributed to contemporary understandings of business ethics, governance and practice. Addressing the topic from a European as well as North American perspective, The Rise of Business Ethics will be of interest to researchers, academics, and students in the fields of business ethics, business and society, business history, organization studies and political economy.
The Rise of Business Ethics (Routledge Studies in Business Ethics)
by Bernard MeesIn 1973, Daniel Bell argued that corporations in post-industrial societies increasingly needed to behave in accord with widely accepted social norms, particularly in terms of ethical behavior and social responsibility. Yet widespread criticism of business behavior was not an invention of the 1960s and 70s or a product of changing commercial norms. The key feature historically has been business scandal. Understandings of how the field of business ethics has emerged are undeveloped, however. This book is the first attempt to explain the conditions which saw a focus develop on business ethics especially in the 1960s and 70s, and how the broader field developed to encompass related notions such as corporate governance, corporate social responsibility, ethical leadership, sustainable business and responsible management education. The Rise of Business Ethics provides an introduction and analysis of the key developments in contemporary business ethics by examining them in terms of their diachronic development – the key thinkers, the key issues, the key institutions and how they each contributed to contemporary understandings of business ethics, governance and practice. Addressing the topic from a European as well as North American perspective, The Rise of Business Ethics will be of interest to researchers, academics, and students in the fields of business ethics, business and society, business history, organization studies and political economy.
The Rise of China and International Law: Taking Chinese Exceptionalism Seriously (Law and Global Governance)
by Congyan CaiThe rise of China signals a new chapter in international relations. How China interacts with the international legal order--namely, how China utilizes international law to facilitate and justify its rise and how international law is relied upon to engage a rising China--has invited growing debate among academics and those in policy circles. Two recent events, the South China Sea Arbitration and the US-China trade war, have deepened tensions. This book, for the first time, provides a systematic and critical elaboration of the interplay between a rising China and international law. Several crucial questions are broached. These include: How has China adjusted its international legal policies as China's state identity changes over time, especially as it becomes a formidable power? Which methodologies has China adopted to comply with international law and, in particular, to achieve its new legal strategy of norm entrepreneurship? How does China organize its domestic institutions to engage international law in order to further its ascendance? How does China use international law at a national level (in the Chinese courts) and at an international level (for example, lawfare in international dispute settlement)? And finally, how should "Chinese exceptionalism" be understood? This book contributes significantly to the burgeoning and highly relevant scholarship on China and international law.
The Rise of China and International Law: Taking Chinese Exceptionalism Seriously (Law and Global Governance)
by Congyan CaiThe rise of China signals a new chapter in international relations. How China interacts with the international legal order--namely, how China utilizes international law to facilitate and justify its rise and how international law is relied upon to engage a rising China--has invited growing debate among academics and those in policy circles. Two recent events, the South China Sea Arbitration and the US-China trade war, have deepened tensions. This book, for the first time, provides a systematic and critical elaboration of the interplay between a rising China and international law. Several crucial questions are broached. These include: How has China adjusted its international legal policies as China's state identity changes over time, especially as it becomes a formidable power? Which methodologies has China adopted to comply with international law and, in particular, to achieve its new legal strategy of norm entrepreneurship? How does China organize its domestic institutions to engage international law in order to further its ascendance? How does China use international law at a national level (in the Chinese courts) and at an international level (for example, lawfare in international dispute settlement)? And finally, how should "Chinese exceptionalism" be understood? This book contributes significantly to the burgeoning and highly relevant scholarship on China and international law.
The Rise of Corporate Religious Liberty
by Micah Schwartzman Chad Flanders Zoë RobinsonWhat are the rights of religious institutions? Should those rights extend to for-profit corporations? Houses of worship have claimed they should be free from anti-discrimination laws in hiring and firing ministers and other employees. Faith-based institutions, including hospitals and universities, have sought exemptions from requirements to provide contraception. Now, in a surprising development, large for-profit corporations have succeeded in asserting rights to religious free exercise. The Rise of Corporate Religious Liberty explores this "corporate" turn in law and religion. Drawing on a broad range perspectives, this book examines the idea of "freedom of the church," the rights of for-profit corporations, and the implications of the Supreme Court's landmark decision in Burwell v. Hobby Lobby for debates on anti-discrimination law, same-sex marriage, health care, and religious freedom.
RISE OF CORPORATE RELIGIOUS LIBERTY C
by Chad Flanders and Zoë RobinsonWhat are the rights of religious institutions? Should those rights extend to for-profit corporations? Houses of worship have claimed they should be free from anti-discrimination laws in hiring and firing ministers and other employees. Faith-based institutions, including hospitals and universities, have sought exemptions from requirements to provide contraception. Now, in a surprising development, large for-profit corporations have succeeded in asserting rights to religious free exercise. The Rise of Corporate Religious Liberty explores this "corporate" turn in law and religion. Drawing on a broad range perspectives, this book examines the idea of "freedom of the church," the rights of for-profit corporations, and the implications of the Supreme Court's landmark decision in Burwell v. Hobby Lobby for debates on anti-discrimination law, same-sex marriage, health care, and religious freedom.
The Rise of Critical Islam: 10th-13th Century Legal Debate (OXFORD ISLAMIC LEGAL STUDIES SERIES)
by Youcef L. SoufiIn a richly narrated historical study, Soufi excavates an Islamic legal culture of critique from the 10th to13th centuries. Focusing on the practice of munazara (disputation), Soufi explores how and why oral debates became a pervasive and revered part of the intellectual legal landscape of Iraq and Persia. Pushing back against claims that classical Muslim jurists sought to weed out differences of opinion, this engaging work presents a community committed to the openness, fluidity, and continued exploration of the law. In uncovering this classical legal culture, Soufi invites readers to question claims about the promise of secular critique in disciplining religious passions and forging human solidarity.
The Rise of Critical Islam: 10th-13th Century Legal Debate (OXFORD ISLAMIC LEGAL STUDIES SERIES)
by Youcef L. SoufiIn a richly narrated historical study, Soufi excavates an Islamic legal culture of critique from the 10th to13th centuries. Focusing on the practice of munazara (disputation), Soufi explores how and why oral debates became a pervasive and revered part of the intellectual legal landscape of Iraq and Persia. Pushing back against claims that classical Muslim jurists sought to weed out differences of opinion, this engaging work presents a community committed to the openness, fluidity, and continued exploration of the law. In uncovering this classical legal culture, Soufi invites readers to question claims about the promise of secular critique in disciplining religious passions and forging human solidarity.
The Rise of Law and Economics: An Intellectual History
by George L. PriestThis is a history—though, intentionally, a brief history—of the rise of law and economics as a field of thought in the U.S. college and law school academy, though the field has expanded to Europe and South America and will expand further as other legal systems develop. This book explains the origins of the field and the sources of its growth during its formative period. It describes the intellectual roots of the field, and the field’s relationship to the understanding of the role of the legal system in directing the functioning of the economy. It describes the effect of the Great Depression and the expansion of governmental power on advancing the functional approach. The book then addresses the work of Aaron Director, during the late 1950s, on focusing economic analysis as a means of understanding the effects of the legal and regulatory system on the allocation of resources in the society. Then it turns to the subsequent intellectual founders of the field—Ronald Coase, Guido Calabresi, and Richard Posner—and attempts to explain the significance of their work. It also discusses the efforts of Robert Bork and Henry Manne toward the influence of law and economics on public policy. The book ends with the founding of the American Law and Economics Association in 1991. This is an essential companion to law and economics texts for undergraduate law and economic students and, especially, a general supplement to first-year casebooks for law school students.
The Rise of Law and Economics: An Intellectual History
by George L. PriestThis is a history—though, intentionally, a brief history—of the rise of law and economics as a field of thought in the U.S. college and law school academy, though the field has expanded to Europe and South America and will expand further as other legal systems develop. This book explains the origins of the field and the sources of its growth during its formative period. It describes the intellectual roots of the field, and the field’s relationship to the understanding of the role of the legal system in directing the functioning of the economy. It describes the effect of the Great Depression and the expansion of governmental power on advancing the functional approach. The book then addresses the work of Aaron Director, during the late 1950s, on focusing economic analysis as a means of understanding the effects of the legal and regulatory system on the allocation of resources in the society. Then it turns to the subsequent intellectual founders of the field—Ronald Coase, Guido Calabresi, and Richard Posner—and attempts to explain the significance of their work. It also discusses the efforts of Robert Bork and Henry Manne toward the influence of law and economics on public policy. The book ends with the founding of the American Law and Economics Association in 1991. This is an essential companion to law and economics texts for undergraduate law and economic students and, especially, a general supplement to first-year casebooks for law school students.
The Rise of Legal Services Outsourcing: Risk and Opportunity
by Mary Lacity Andrew Burgess Leslie WillcocksHere, Mary Lacity, Leslie Willcocks and Andrew Burgess present practices used by clients, providers and advisors to realize value from LSO. The book is based on data from 27 LSO providers, interviews with clients, consulting assignments and lessons learned from prior Information Technology Outsourcing (ITO) and Business Process Outsourcing (BPO) research. Based on the authors' deep understanding of the evolution of ITO and BPO, and their experiences of sourcing LSO, The Rise of Legal Services Outsourcing addresses the transformation of legal work, LSO strategy, provider selection and contractual governance, as well as predicting the trends that will come to shape the LSO market.
The Rise of Legal Services Outsourcing: Risk and Opportunity
by Mary Lacity Andrew Burgess Leslie WillcocksHere, Mary Lacity, Leslie Willcocks and Andrew Burgess present practices used by clients, providers and advisors to realize value from LSO. The book is based on data from 27 LSO providers, interviews with clients, consulting assignments and lessons learned from prior Information Technology Outsourcing (ITO) and Business Process Outsourcing (BPO) research. Based on the authors' deep understanding of the evolution of ITO and BPO, and their experiences of sourcing LSO, The Rise of Legal Services Outsourcing addresses the transformation of legal work, LSO strategy, provider selection and contractual governance, as well as predicting the trends that will come to shape the LSO market.
The Rise of Politically Motivated Cyber Attacks: Actors, Attacks and Cybersecurity (Routledge Studies in Crime and Society)
by Tine MunkThis book outlines the complexity in understanding different forms of cyber attacks, the actors involved, and their motivations. It explores the key challenges in investigating and prosecuting politically motivated cyber attacks, the lack of consistency within regulatory frameworks, and the grey zone that this creates, for cybercriminals to operate within. Connecting diverse literatures on cyberwarfare, cyberterrorism, and cyberprotests, and categorising the different actors involved – state-sponsored/supported groups, hacktivists, online protestors – this book compares the means and methods used in attacks, the various attackers, and the current strategies employed by cybersecurity agencies. It examines the current legislative framework and proposes ways in which it could be reconstructed, moving beyond the traditional and fragmented definitions used to manage offline violence. This book is an important contribution to the study of cyber attacks within the areas of criminology, criminal justice, law, and policy. It is a compelling reading for all those engaged in cybercrime, cybersecurity, and digital forensics.
The Rise of Politically Motivated Cyber Attacks: Actors, Attacks and Cybersecurity (Routledge Studies in Crime and Society)
by Tine MunkThis book outlines the complexity in understanding different forms of cyber attacks, the actors involved, and their motivations. It explores the key challenges in investigating and prosecuting politically motivated cyber attacks, the lack of consistency within regulatory frameworks, and the grey zone that this creates, for cybercriminals to operate within. Connecting diverse literatures on cyberwarfare, cyberterrorism, and cyberprotests, and categorising the different actors involved – state-sponsored/supported groups, hacktivists, online protestors – this book compares the means and methods used in attacks, the various attackers, and the current strategies employed by cybersecurity agencies. It examines the current legislative framework and proposes ways in which it could be reconstructed, moving beyond the traditional and fragmented definitions used to manage offline violence. This book is an important contribution to the study of cyber attacks within the areas of criminology, criminal justice, law, and policy. It is a compelling reading for all those engaged in cybercrime, cybersecurity, and digital forensics.
The Rise of Positive Luxury: Transformative Research Agenda for Well-being, Social Impact, and Sustainable Growth (Routledge Studies in Luxury Management)
by Wided BatatOffering a holistic approach to positive luxury, this comprehensive book provides a novel framework grounded in the new paradigm of Transformative Luxury Research (TLR) stream. TLR helps luxury businesses and researchers develop in-depth knowledge about the mechanisms and factors that shape the future of positive luxury thinking and doing while promoting collective and individual well-being outcomes, social justice, eco-friendly practices, and sustainable growth, involving various stakeholders, communities, and institutions across developed and developing countries. Through a wide range of empirical, methodological, and theoretical contributions, examining the social, environmental, organizational, political, and cultural issues in responsible luxury marketing, this book explores the relationship between luxury consumption, production, and well-being outcomes. It offers a comprehensive overview of how luxury businesses can transform their practices and thus play an active role in promoting positive luxury within the industry and beyond along with enhancing their competitiveness, innovation, and profitability. The idea of well-being outcomes and sustainable growth, as applied in the TLR agenda, calls for synergistic theoretical and practical approaches. The content of this book, through different exciting chapters, will generate novel ideas to promote positive luxury business models leading luxury firms to transform their practices by advancing the current understanding of ethical and responsible business practices, which contribute to individual and collective well-being within the luxury field.
The Rise of Positive Luxury: Transformative Research Agenda for Well-being, Social Impact, and Sustainable Growth (Routledge Studies in Luxury Management)
by Wided BatatOffering a holistic approach to positive luxury, this comprehensive book provides a novel framework grounded in the new paradigm of Transformative Luxury Research (TLR) stream. TLR helps luxury businesses and researchers develop in-depth knowledge about the mechanisms and factors that shape the future of positive luxury thinking and doing while promoting collective and individual well-being outcomes, social justice, eco-friendly practices, and sustainable growth, involving various stakeholders, communities, and institutions across developed and developing countries. Through a wide range of empirical, methodological, and theoretical contributions, examining the social, environmental, organizational, political, and cultural issues in responsible luxury marketing, this book explores the relationship between luxury consumption, production, and well-being outcomes. It offers a comprehensive overview of how luxury businesses can transform their practices and thus play an active role in promoting positive luxury within the industry and beyond along with enhancing their competitiveness, innovation, and profitability. The idea of well-being outcomes and sustainable growth, as applied in the TLR agenda, calls for synergistic theoretical and practical approaches. The content of this book, through different exciting chapters, will generate novel ideas to promote positive luxury business models leading luxury firms to transform their practices by advancing the current understanding of ethical and responsible business practices, which contribute to individual and collective well-being within the luxury field.
The Rise of Private Actors in the Space Sector (SpringerBriefs in Applied Sciences and Technology)
by Alessandra VernileThis book provides a broad set of information and data on the rise of private actors in the space sector, organized into different topics covering the various trends that have shaped the space sector during the last decade. The book, written in a descriptive fashion, concludes with recommendations for future analytical research on the topic.
The Rise of Tamil Separatism in Sri Lanka: From Communalism to Secession (Routledge Research in International Law)
by Gnanapala Welhengama Nirmala PillayAmong the examples of civil wars, armed secessionist movements and minority uprisings in the world today, many involve conflict between a minority group’s aim for political self-determination, and the nation state’s resistance to any diminution of sovereignty. With the expansion of the international regime of human rights, minority groups have reconceptualised their struggle with the understanding that a minority which is linguistically, religiously or ethnically distinctive is entitled to self-determination if their aspirations cannot be met. This book explores the relationship between minority rights, self-determination and secession within international law, by contextualising these issues in a detailed case study of the rise of Tamil separatism in Sri Lanka. Welhengama and Pillay show how Tamil communalism hardened into secession and assess whether the Sri Lankan government has met its obligations with respect to the right to self-determination short of secession. Focusing on the legal and human rights arguments for secession by the Tamil community of the North and East of Sri Lanka, the book demonstrates how the language of international law and international human rights played a major role in the development of the arguments for secession. Through a close examination of the case of the Tamil’s secessionist movement the book presents valuable insights into why modern nation states find themselves threatened by separatist claims and bids for independence based on ethnicity.
The Rise of Tamil Separatism in Sri Lanka: From Communalism to Secession (Routledge Research in International Law)
by Gnanapala Welhengama Nirmala PillayAmong the examples of civil wars, armed secessionist movements and minority uprisings in the world today, many involve conflict between a minority group’s aim for political self-determination, and the nation state’s resistance to any diminution of sovereignty. With the expansion of the international regime of human rights, minority groups have reconceptualised their struggle with the understanding that a minority which is linguistically, religiously or ethnically distinctive is entitled to self-determination if their aspirations cannot be met. This book explores the relationship between minority rights, self-determination and secession within international law, by contextualising these issues in a detailed case study of the rise of Tamil separatism in Sri Lanka. Welhengama and Pillay show how Tamil communalism hardened into secession and assess whether the Sri Lankan government has met its obligations with respect to the right to self-determination short of secession. Focusing on the legal and human rights arguments for secession by the Tamil community of the North and East of Sri Lanka, the book demonstrates how the language of international law and international human rights played a major role in the development of the arguments for secession. Through a close examination of the case of the Tamil’s secessionist movement the book presents valuable insights into why modern nation states find themselves threatened by separatist claims and bids for independence based on ethnicity.
The Rise of the Conservative Legal Movement: The Battle for Control of the Law
by Steven M. TelesStarting in the 1970s, conservatives learned that electoral victory did not easily convert into a reversal of important liberal accomplishments, especially in the law. As a result, conservatives' mobilizing efforts increasingly turned to law schools, professional networks, public interest groups, and the judiciary--areas traditionally controlled by liberals. Drawing from internal documents, as well as interviews with key conservative figures, The Rise of the Conservative Legal Movement examines this sometimes fitful, and still only partially successful, conservative challenge to liberal domination of the law and American legal institutions. Unlike accounts that depict the conservatives as fiendishly skilled, The Rise of the Conservative Legal Movement reveals the formidable challenges that conservatives faced in competing with legal liberalism. Steven Teles explores how conservative mobilization was shaped by the legal profession, the legacy of the liberal movement, and the difficulties in matching strategic opportunities with effective organizational responses. He explains how foundations and groups promoting conservative ideas built a network designed to dislodge legal liberalism from American elite institutions. And he portrays the reality, not of a grand strategy masterfully pursued, but of individuals and political entrepreneurs learning from trial and error. Using previously unavailable materials from the Olin Foundation, Federalist Society, Center for Individual Rights, Institute for Justice, and Law and Economics Center, The Rise of the Conservative Legal Movement provides an unprecedented look at the inner life of the conservative movement. Lawyers, historians, sociologists, political scientists, and activists seeking to learn from the conservative experience in the law will find it compelling reading.
The Rise of the Conservative Legal Movement: The Battle for Control of the Law
by Steven M. TelesStarting in the 1970s, conservatives learned that electoral victory did not easily convert into a reversal of important liberal accomplishments, especially in the law. As a result, conservatives' mobilizing efforts increasingly turned to law schools, professional networks, public interest groups, and the judiciary--areas traditionally controlled by liberals. Drawing from internal documents, as well as interviews with key conservative figures, The Rise of the Conservative Legal Movement examines this sometimes fitful, and still only partially successful, conservative challenge to liberal domination of the law and American legal institutions. Unlike accounts that depict the conservatives as fiendishly skilled, The Rise of the Conservative Legal Movement reveals the formidable challenges that conservatives faced in competing with legal liberalism. Steven Teles explores how conservative mobilization was shaped by the legal profession, the legacy of the liberal movement, and the difficulties in matching strategic opportunities with effective organizational responses. He explains how foundations and groups promoting conservative ideas built a network designed to dislodge legal liberalism from American elite institutions. And he portrays the reality, not of a grand strategy masterfully pursued, but of individuals and political entrepreneurs learning from trial and error. Using previously unavailable materials from the Olin Foundation, Federalist Society, Center for Individual Rights, Institute for Justice, and Law and Economics Center, The Rise of the Conservative Legal Movement provides an unprecedented look at the inner life of the conservative movement. Lawyers, historians, sociologists, political scientists, and activists seeking to learn from the conservative experience in the law will find it compelling reading.
The Rise of the Female Executive: How Women's Leadership is Accelerating Cultural Change
by Tom Lloyd Peninah Thomson Clare LaurentProvides a timely review of gender equality in the boardroom, and through interviews with mentors and mentees it illustrates how mentoring can play a part in helping women stay engaged in their career. This book includes international comparisons and an examination of the UK and EU political environments.