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Sharing Profits: The Ethics of Remuneration, Tax and Shareholder Returns
by J. ReynoldsAny decision by a company regarding the use of profits to pay tax, remuneration or shareholder returns has ethical implications. Sharing Profits reviews high-profile ethical issues facing companies in how profits are used, and proposes a framework for understanding the ethical implications of decisions.
Sharing Responsibility: The History and Future of Protection from Atrocities (Human Rights and Crimes against Humanity #43)
by Luke GlanvilleA look at the duty of nations to protect human rights beyond borders, why it has failed in practice, and what can be done about itThe idea that states share a responsibility to shield people everywhere from atrocities is presently under threat. Despite some early twenty-first century successes, including the 2005 United Nations endorsement of the Responsibility to Protect, the project has been placed into jeopardy due to catastrophes in such places as Syria, Myanmar, and Yemen; resurgent nationalism; and growing global antagonism. In Sharing Responsibility, Luke Glanville seeks to diagnose the current crisis in international protection by exploring its long and troubled history. With attention to ethics, law, and politics, he measures what possibilities remain for protecting people wherever they reside from atrocities, despite formidable challenges in the international arena.With a focus on Western natural law and the European society of states, Glanville shows that the history of the shared responsibility to protect is marked by courageous efforts, as well as troubling ties to Western imperialism, evasion, and abuse. The project of safeguarding vulnerable populations can undoubtedly devolve into blame shifting and hypocrisy, but can also spark effective burden sharing among nations. Glanville considers how states should support this responsibility, whether it can be coherently codified in law, the extent to which states have embraced their responsibilities, and what might lead them to do so more reliably in the future.Sharing Responsibility wrestles with how countries should care for imperiled people and how the ideal of the responsibility to protect might inspire just behavior in an imperfect and troubled world.
Sharing Responsibility
by Larry MayAre individuals responsible for the consequences of actions taken by their community? What about their community's inaction or its attitudes? In this innovative book, Larry May departs from the traditional Western view that moral responsibility is limited to the consequences of overt individual action. Drawing on the insights of Arendt, Jaspers, and Sartre, he argues that even when individuals are not direct participants, they share responsibility for various harms perpetrated by their communities.
Sharing the Costs and Benefits of Energy and Resource Activity: Legal Change and Impact on Communities
by Lila Barrera-Hernández Barry Barton Lee Godden Alastair Lucas Anita RønneA new phase is emerging in the relationship between energy and resource activities and the communities that are affected by them. Any energy or resource project - a mine, a wind farm, a dam for hydroelectricity, or a shale gas development - will involve a mix of impacts and benefits for communities. For many years, the law has mediated impacts on communities and provided for the distribution of financial benefits. Now, there is growing awareness of the need to consider not only a wider range of costs and benefits for communities from energy and resource projects, but also the effects on communities at multiple scales and in complex ways. Sharing the costs and benefits of natural resource activity has now become a legal requirement for energy and resource projects operating in many jurisdictions, particularly in developing countries. This book uses cases studies from across the globe to examine the emergence of such legal measures, their advantages and disadvantages, and the improvements that may be feasible in the legal frameworks used to distribute the costs and benefits of energy and resources activity. The book has three parts: Part I considers general legal and conceptual frameworks; Part II addresses the mechanisms available to distribute costs and benefits; and Part III considers the role of public engagement and participation in the sharing of the costs and benefits from energy and resource projects.
Sharing the Costs and Benefits of Energy and Resource Activity: Legal Change and Impact on Communities
A new phase is emerging in the relationship between energy and resource activities and the communities that are affected by them. Any energy or resource project - a mine, a wind farm, a dam for hydroelectricity, or a shale gas development - will involve a mix of impacts and benefits for communities. For many years, the law has mediated impacts on communities and provided for the distribution of financial benefits. Now, there is growing awareness of the need to consider not only a wider range of costs and benefits for communities from energy and resource projects, but also the effects on communities at multiple scales and in complex ways. Sharing the costs and benefits of natural resource activity has now become a legal requirement for energy and resource projects operating in many jurisdictions, particularly in developing countries. This book uses cases studies from across the globe to examine the emergence of such legal measures, their advantages and disadvantages, and the improvements that may be feasible in the legal frameworks used to distribute the costs and benefits of energy and resources activity. The book has three parts: Part I considers general legal and conceptual frameworks; Part II addresses the mechanisms available to distribute costs and benefits; and Part III considers the role of public engagement and participation in the sharing of the costs and benefits from energy and resource projects.
Sharing the Fire: Outline of a Dialectics of Sensitivity
by Luce IrigarayWhilst he broaches the theme of the difference between the sexes, Hegel does not go deep enough into the question of their mutual desire as a crucial stage in our becoming truly human. He ignores the dialectical process regarding sensitivity and sensuousness. And yet this is needed to make spiritual the relation between two human subjectivities differently determined by nature and to ensure the connection between body and spirit, nature and culture, private life and public life. This leads Hegel to fragment human subjectivity into yearnings for art, religion and philosophy thereby losing the unity attained through the cultivation of a longing for the absolute born of a desire for one another as different.Furthermore, our epoch of history is different from the Hegelian one and demands that we consider additional aspects of human subjectivity. This is essential if we are to overcome the nihilism inherent in our traditional metaphysics without falling into a worse nihilism due to a lack of rigorous thinking common today.The increasing power of technique and technologies as well as the task of building a world culture are two other challenges we face. Our sexuate belonging provides us with a universal living determination of our subjectivity – now a dual subjectivity - and also with a natural energy potential which allows us to use technical resources without becoming dependent on them.
Sharks: Obstacles, Options And Opportunities (Earthscan Oceans #24)
by Erika J. Techera Natalie KleinThe key aim of this book is to explore the global conservation and management of sharks. There has been a rapid decline in populations of many shark species, while new science has emerged of the critical role they play in marine ecosystems. However, the authors show that conservation law and policy have been slow to develop, with only a small number of iconic species being protected worldwide. The increase in fishing impact – primarily through shark finning and by-catch - has led to shark conservation receiving greater international attention in recent years. The book explores our current knowledge and status of the law and science in relation to sharks with a particular focus on improving frameworks for their conservation and management. Recent trends are analysed, including shark finning bans that have been put in place in several countries, the widening number of nations establishing shark sanctuaries and the growth of shark-based tourism. The efficacy of current listing processes for endangered species and fisheries regulations is also examined. Tourism is explored as an alternative to fishing and the risks and impacts associated with this industry are analysed. Contributors include leading authorities from universities and conservation organizations in North America, Europe and Australia. A common theme is to emphasise the importance of collaborative governance between various interest groups and the need for inter-disciplinary research and management approaches that are necessary to address the decline in sharks.
Sharks: Conservation, Governance and Management (Earthscan Oceans)
by Erika J. Techera Natalie KleinThe key aim of this book is to explore the global conservation and management of sharks. There has been a rapid decline in populations of many shark species, while new science has emerged of the critical role they play in marine ecosystems. However, the authors show that conservation law and policy have been slow to develop, with only a small number of iconic species being protected worldwide. The increase in fishing impact – primarily through shark finning and by-catch - has led to shark conservation receiving greater international attention in recent years. The book explores our current knowledge and status of the law and science in relation to sharks with a particular focus on improving frameworks for their conservation and management. Recent trends are analysed, including shark finning bans that have been put in place in several countries, the widening number of nations establishing shark sanctuaries and the growth of shark-based tourism. The efficacy of current listing processes for endangered species and fisheries regulations is also examined. Tourism is explored as an alternative to fishing and the risks and impacts associated with this industry are analysed. Contributors include leading authorities from universities and conservation organizations in North America, Europe and Australia. A common theme is to emphasise the importance of collaborative governance between various interest groups and the need for inter-disciplinary research and management approaches that are necessary to address the decline in sharks.
Shattered Nerves: How Science Is Solving Modern Medicine's Most Perplexing Problem
by Victor D. ChaseOnce the stuff of science fiction, neural prosthetics are now a reality. Research and technology are creating implants that enable the deaf to hear, the blind to see, and the paralyzed to move. Shattered Nerves takes us on a journey into a new medical frontier, where sophisticated, state-of-the-art medical devices repair and restore failed sensory and motor systems. In a compelling narrative that reveals the intimate relationship between technology and the physicians, scientists, and patients who bring it to life, Victor D. Chase explores groundbreaking developments in neural technology. Through personal interviews and extensive research, Chase introduces us to the people and devices that are restoring shattered lives, from implants that enable the paralyzed to stand, walk, feed, and groom themselves, to those that restore bladder and bowel control, and even sexual function. Signals from the brains of paralyzed people are captured and transformed to allow them to operate computers. Brain implants hold the potential to resolve psychiatric illnesses and to restore the ability to form memories in damaged brains. This timely and important book also explores troubling boundaries between restoration and enhancement, where implants could conceivably endow the able-bodied with superhuman capabilities. Chase concludes this fascinating book with a provocative question: Just because we can, does that mean we should?
She Said: Breaking the Sexual Harassment Story That Helped Ignite a Movement
by Jodi Kantor Megan TwoheyOn 5 October 2017, the New York Times published an article by Jodi Kantor and Megan Twohey that helped change the world.Hollywood was talking as never before. Kantor and Twohey outmanoeuvred Harvey Weinstein, his team of defenders and private investigators, convincing some of the most famous women in the world – and some unknown ones – to go on the record.This is how they did it.For months ahead of the story breaking, Kantor and Twohey had been having confidential discussions with top actresses, former Weinstein employees and other sources, learning of disturbing, long-buried allegations. The journalists meticulously picked their way through a web of decades-old secret payouts and non-disclosure agreements, pressed some of the most famous women in the world – and some unknown ones – to risk going on the record, and faced down Weinstein, his team of high-priced defenders, and even his private investigators. In She Said, Kantor and Twohey relive in real-time what it took to break the story and give an up-close portrait of the forces they were up against. They describe the experiences of the women who spoke up – for the sake of other women, for future generations, and for themselves. Their stories have never been told in this way before.
She Took Justice: The Black Woman, Law, and Power – 1619 to 1969 (Criminology and Justice Studies)
by Gloria J. Browne-MarshallShe Took Justice: The Black Woman, Law, and Power – 1619 to 1969 proves that The Black Woman liberated herself. Readers go on a journey from the invasion of Africa into the Colonial period and the Civil Rights Movement. The Black Woman reveals power, from Queen Nzingha to Shirley Chisholm.In She Took Justice, we see centuries of courage in the face of racial prejudice and gender oppression. We gain insight into American history through The Black Woman's fight against race laws, especially criminal injustice. She became an organizer, leader, activist, lawyer, and judge – a fighter in her own advancement.These engaging true stories show that, for most of American history, the law was an enemy to The Black Woman. Using perseverance, tenacity, intelligence, and faith, she turned the law into a weapon to combat discrimination, a prestigious occupation, and a platform from which she could lift others as she rose. This is a book for every reader.
She Took Justice: The Black Woman, Law, and Power – 1619 to 1969 (Criminology and Justice Studies)
by Gloria J. Browne-MarshallShe Took Justice: The Black Woman, Law, and Power – 1619 to 1969 proves that The Black Woman liberated herself. Readers go on a journey from the invasion of Africa into the Colonial period and the Civil Rights Movement. The Black Woman reveals power, from Queen Nzingha to Shirley Chisholm.In She Took Justice, we see centuries of courage in the face of racial prejudice and gender oppression. We gain insight into American history through The Black Woman's fight against race laws, especially criminal injustice. She became an organizer, leader, activist, lawyer, and judge – a fighter in her own advancement.These engaging true stories show that, for most of American history, the law was an enemy to The Black Woman. Using perseverance, tenacity, intelligence, and faith, she turned the law into a weapon to combat discrimination, a prestigious occupation, and a platform from which she could lift others as she rose. This is a book for every reader.
Shepherds and Butchers
by Chris Marnewick*THE GRIPPING NEW DRAMA AS SEEN ON NETFLIX*South Africa, 1987. Apartheid. When Leon, a white 19-year-old prison guard working on death row commits an inexplicable act of violence, killing seven black men in a hail of bullets, the outcome of the trial - and the court’s sentence - seems a foregone conclusion.Hotshot lawyer John Weber (played by Steve Coogan) reluctantly takes on the seemingly unwinnable case. A passionate opponent of the death penalty, John discovers that young Leon worked on death row in the nation’s most notorious prison, under traumatic conditions: befriending the inmates over the years while having to assist with their eventual execution.As the court hearings progress, the case offers John the opportunity to put the entire system of legally sanctioned murder on trial. How can one man take such a dual role of friend and executioner, becoming both shepherd and butcher? Inspired by true events, this is the story that puts the death penalty on trial and changes history.
The Sherlock Effect: How Forensic Doctors and Investigators Disastrously Reason Like the Great Detective
by Thomas W. YoungForensic science is in crisis and at a cross-roads. Movies and television dramas depict forensic heroes with high-tech tools and dazzling intellects who—inside an hour, notwithstanding commercials—piece together past-event puzzles from crime scenes and autopsies. Likewise, Sherlock Holmes—the iconic fictional detective, and the invention of forensic doctor Sir Arthur Conan Doyle—is held up as a paragon of forensic and scientific inspiration—does not "reason forward" as most people do, but "reasons backwards." Put more plainly, rather than learning the train of events and seeing whether the resultant clues match those events, Holmes determines what happened in the past by looking at the clues. Impressive and infallible as this technique appears to be—it must be recognized that infallibility lies only in works of fiction. Reasoning backward does not work in real life: reality is far less tidy. In courtrooms everywhere, innocent people pay the price of life imitating art, of science following detective fiction. In particular, this book looks at the long and disastrous shadow cast by that icon of deductive reasoning, Sherlock Holmes. In The Sherlock Effect, author Dr. Thomas W. Young shows why this Sherlock-Holmes-style reasoning does not work and, furthermore, how it can—and has led—to wrongful convictions. Dr. Alan Moritz, one of the early pioneers of forensic pathology in the United States, warned his colleagues in the 1950’s about making the Sherlock Holmes error. Little did Moritz realize how widespread the problem would eventually become, involving physicians in all other specialties of medicine and not just forensic pathologists. Dr. Young traces back how this situation evolved, looking back over the history of forensic medicine, revealing the chilling degree to which forensic experts fail us every day. While Dr. Young did not want to be the one to write this book, he has felt compelled in the interest of science and truth. This book is measured, well-reasoned, accessible, insightful, and—above all—compelling. As such, it is a must-read treatise for forensic doctors, forensic practitioners and students, judges, lawyers adjudicating cases in court, and anyone with an interest in forensic science.
The Sherlock Effect: How Forensic Doctors and Investigators Disastrously Reason Like the Great Detective
by Thomas W. YoungForensic science is in crisis and at a cross-roads. Movies and television dramas depict forensic heroes with high-tech tools and dazzling intellects who—inside an hour, notwithstanding commercials—piece together past-event puzzles from crime scenes and autopsies. Likewise, Sherlock Holmes—the iconic fictional detective, and the invention of forensic doctor Sir Arthur Conan Doyle—is held up as a paragon of forensic and scientific inspiration—does not "reason forward" as most people do, but "reasons backwards." Put more plainly, rather than learning the train of events and seeing whether the resultant clues match those events, Holmes determines what happened in the past by looking at the clues. Impressive and infallible as this technique appears to be—it must be recognized that infallibility lies only in works of fiction. Reasoning backward does not work in real life: reality is far less tidy. In courtrooms everywhere, innocent people pay the price of life imitating art, of science following detective fiction. In particular, this book looks at the long and disastrous shadow cast by that icon of deductive reasoning, Sherlock Holmes. In The Sherlock Effect, author Dr. Thomas W. Young shows why this Sherlock-Holmes-style reasoning does not work and, furthermore, how it can—and has led—to wrongful convictions. Dr. Alan Moritz, one of the early pioneers of forensic pathology in the United States, warned his colleagues in the 1950’s about making the Sherlock Holmes error. Little did Moritz realize how widespread the problem would eventually become, involving physicians in all other specialties of medicine and not just forensic pathologists. Dr. Young traces back how this situation evolved, looking back over the history of forensic medicine, revealing the chilling degree to which forensic experts fail us every day. While Dr. Young did not want to be the one to write this book, he has felt compelled in the interest of science and truth. This book is measured, well-reasoned, accessible, insightful, and—above all—compelling. As such, it is a must-read treatise for forensic doctors, forensic practitioners and students, judges, lawyers adjudicating cases in court, and anyone with an interest in forensic science.
She's Mine: a gripping and addictive new psychological thriller for 2019
by Claire S. LewisShe was never mine to lose... When Scarlett falls asleep on a Caribbean beach she awakes to her worst nightmare – Katie is gone. With all fingers pointed to her Scarlett must risk everything to clear her name. As Scarlett begins to unravel the complicated past of Katie's mother she begins to think there's more to Katie's disappearance than meets the eye. But who would want to steal a child? And how did no-one see anything on the small island? Time is running out and Scarlett is certain of only one thing – she didn't kill Katie. Did she? Praise for She's Mine: 'Loved this twisty, turny psychological thriller set in paradise. Tense and intriguing, it'll have you turning pages late at night' Suzy K. Quinn, author of Don't Tell the Teacher. 'This psychological thriller is full of twists and if you like fast moving, action filled plots then I recommend this book - it's a great summer holiday read' Lesley Sanderson, author of The Orchid Girls. 'The author went way out there and came out with a bestseller!' Doris Vandruff. 'A fab and creepy read that kept me gripped from the first chapter' Tracy Clarkson. 'This one was definitely a bit of a rollercoaster!' Rukhsana Ashiq. 'I loved this entertaining read' Julia Barrett. 'It was full of twists and surprises' Michelle Perry.
The Shifting Allocation of Authority in International Law: Considering Sovereignty, Supremacy and Subsidiarity (Studies in International Law)
by Tomer Broude Yuval ShanyInternational law is fragmented and complex, and at the same time increasingly capable of shaping reality in areas as diverse as human rights, trade and investment, and environmental law. The increased influences of international law and its growing institutionalization and judicialization invites reconsideration of the question how should the authority to make and interpret international law be allocated among states, international organizations and tribunals, or in other words, "who should decide what" in a system that formally lacks a central authority? This is not only a juridical question, but one that lies at the very heart of the political legitimacy of international law as a system of governance, defining the relationship between those who create the law and those who are governed by it in a globalizing world. In this book, leading international legal scholars address a broad range of theoretical and practical aspects of the question of allocation of authority in international law and debate the feasibility of three alternative paradigms for international organization: Sovereignty, Supremacy and Subsidiarity. The various contributions transcend technical solutions to what is in essence a problem of international constitutional dimensions. They deal, inter alia, with the structure of the international legal system and the tenacity of sovereignty as one of its foundations, assess the role of supremacy in inter-judicial relations, and draw lessons from the experience of the European Union in applying the principle of subsidiarity.This volume will be of great interest to scholars and practitioners of international law alike.
Shifting Baselines: The Past and the Future of Ocean Fisheries
by Jeremy B. C. Jackson, Karen E. Alexander and Enric SalaShifting Baselines explores the real-world implications of a groundbreaking idea: we must understand the oceans of the past to protect the oceans of the future. In 1995, acclaimed marine biologist Daniel Pauly coined the term "shifting baselines" to describe a phenomenon of lowered expectations, in which each generation regards a progressively poorer natural world as normal. This seminal volume expands on Pauly's work, showing how skewed visions of the past have led to disastrous marine policies and why historical perspective is critical to revitalize fisheries and ecosystems.Contributions include case studies, recommendations for research methods and effective management, and inspiring stories that illustrate why degraded fisheries affect us all. Readers, from students to professionals, will benefit enormously from this informed hindsight.
Shifting Centres of Gravity in Human Rights Protection: Rethinking Relations between the ECHR, EU, and National Legal Orders (Routledge Research in Human Rights Law)
by Oddný Mjöll Arnardóttir Antoine BuyseThis book brings together researchers from the fields of international human rights law, EU law and constitutional law to reflect on the tug-of-war over the positioning of the centre of gravity of human rights protection in Europe. It addresses both the position of the Convention system vis-à-vis the Contracting States, and its positioning with respect to fundamental rights protection in the European Union. The first part of the book focuses on interactions in this triangle from an institutional and constitutional point of view and reflects on how the key actors are trying to define their relationship with one another in a never-ending process. Having thus set the scene, the second part takes a critical look at the tools that have been developed at European level for navigating these complex relationships, in order to identify whether they are capable of responding effectively to the complexities of emerging realities in the triangular relationship between the EHCR, EU law and national law. Chapter 10 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license. https://s3-us-west-2.amazonaws.com/tandfbis/rt-files/docs/Open+Access+Chapters/9781138121249_oachapter10.pdf
Shifting Centres of Gravity in Human Rights Protection: Rethinking Relations between the ECHR, EU, and National Legal Orders (Routledge Research in Human Rights Law)
by Antoine Buyse Oddný Mjöll ArnardóttirThis book brings together researchers from the fields of international human rights law, EU law and constitutional law to reflect on the tug-of-war over the positioning of the centre of gravity of human rights protection in Europe. It addresses both the position of the Convention system vis-à-vis the Contracting States, and its positioning with respect to fundamental rights protection in the European Union. The first part of the book focuses on interactions in this triangle from an institutional and constitutional point of view and reflects on how the key actors are trying to define their relationship with one another in a never-ending process. Having thus set the scene, the second part takes a critical look at the tools that have been developed at European level for navigating these complex relationships, in order to identify whether they are capable of responding effectively to the complexities of emerging realities in the triangular relationship between the EHCR, EU law and national law. Chapter 10 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license. https://s3-us-west-2.amazonaws.com/tandfbis/rt-files/docs/Open+Access+Chapters/9781138121249_oachapter10.pdf
The Shifting Global Economic Architecture: Decentralizing Authority in Contemporary Global Governance
by Jonathan LuckhurstThis book analyzes the shifting global economic architecture, indicating the decentralizing authority in global economic governance since the Cold War and, especially, following the 2008-09 global financial crisis. The author examines recent adjustments to the organizational framework, contestation of policy principles, norms, and practices, and destabilizing actor hierarchies, particularly in global macroeconomic, trade, and development governance. The study's ‘analytical eclecticism’ includes a core constructivist IR approach, but also incorporates insights from several international relations theories as well as political and economic theory. The book develops a unique ‘analytical matrix’, which analyzes effects of strategic, political, and cognitive authority in the organizational, policy, and actor contexts of the global economic architecture. It concludes that, despite concerns about potential fragmentation, decentralizing authority has increased the integration of leading developing states and new actors in contemporary global economic governance.
The Shifting Global Economic Architecture: Decentralizing Authority in Contemporary Global Governance
by Jonathan LuckhurstThis book analyzes the shifting global economic architecture, indicating the decentralizing authority in global economic governance since the Cold War and, especially, following the 2008-09 global financial crisis. The author examines recent adjustments to the organizational framework, contestation of policy principles, norms, and practices, and destabilizing actor hierarchies, particularly in global macroeconomic, trade, and development governance. The study's ‘analytical eclecticism’ includes a core constructivist IR approach, but also incorporates insights from several international relations theories as well as political and economic theory. The book develops a unique ‘analytical matrix’, which analyzes effects of strategic, political, and cognitive authority in the organizational, policy, and actor contexts of the global economic architecture. It concludes that, despite concerns about potential fragmentation, decentralizing authority has increased the integration of leading developing states and new actors in contemporary global economic governance.
Shifting Horizons of Public International Law: A South Asian Perspective
by J. L. Kaul Anupam JhaThis book offers a South Asian perspective on international law, maintaining a suitable distance from the ‘Western’ approach. The themes discussed reflect the region’s particular contribution to the development of international law. Each South Asian country has its own important role to play in promoting regional trade, regulating maritime affairs, ensuring access to water, debating State responsibility, engaging with International Criminal Court, questioning diplomatic and consular immunities, and, most importantly, upholding human rights. These issues are addressed by local contributors from Nepal, Bangladesh and Sri Lanka, who have come together to represent the whole South Asian region on a single academic platform.
The Shifting Meaning of Legal Certainty in Comparative and Transnational Law
by Mark Fenwick Mathias M Siems Stefan WrbkaThe principle of legal certainty is of fundamental importance for law and society: it has been vital in stabilising normative expectations and in providing a framework for social interaction, as well as defining the scope of individual freedom and political power. Even though it has not always been fully realised, legal certainty has also functioned as a normative ideal that has structured legal debates, both at the national and transnational level.This book presents research from a range of substantive areas regarding the meaning, possibility and desirability of legal certainty in the context of a rapidly changing global society. It aims to address these issues by bringing together scholars from various jurisdictions in order to examine changes in the shifting meaning of legal certainty in a comparative and transnational context. In particular, the book explores some of the tensions that now exist between the conventional expectation of legal certainty and the various challenges associated with regulating highly complex, late modern economies and societies. The book will be of interest to lawyers concerned with understanding the transformation of core rule of law values in the context of contemporary social change, as well as to political scientists and social theorists.
The Shifting Meaning of Legal Certainty in Comparative and Transnational Law
by Mark Fenwick Mathias Siems Stefan WrbkaThe principle of legal certainty is of fundamental importance for law and society: it has been vital in stabilising normative expectations and in providing a framework for social interaction, as well as defining the scope of individual freedom and political power. Even though it has not always been fully realised, legal certainty has also functioned as a normative ideal that has structured legal debates, both at the national and transnational level.This book presents research from a range of substantive areas regarding the meaning, possibility and desirability of legal certainty in the context of a rapidly changing global society. It aims to address these issues by bringing together scholars from various jurisdictions in order to examine changes in the shifting meaning of legal certainty in a comparative and transnational context. In particular, the book explores some of the tensions that now exist between the conventional expectation of legal certainty and the various challenges associated with regulating highly complex, late modern economies and societies. The book will be of interest to lawyers concerned with understanding the transformation of core rule of law values in the context of contemporary social change, as well as to political scientists and social theorists.