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Controlling Urban Events: Law, Ethics and the Material
by Andrea PavoniHow does order emerge out of the multiplicity of bodies, objects, ideas and practices that constitute the urban? This book explores the relation between space, law and control in the contemporary city – and particularly in the context of urban ‘mega events’ – through a combined geographical and normative analysis. Informed by the recent spatial, affective and material ‘turns’ in the humanities and social sciences, Andrea Pavoni addresses this question by pursuing an innovative and trans-disciplinary approach, capable of accounting for the emergence of order in urban space both at the conceptual and empirical levels. Two overarching objectives are pursued. First, to account for the increasing convergence of logics, techniques and technologies of law, security and marketing into novel, potentially oppressive spatial configurations. Second, to envisage a consistent ethico-political strategy to counter this evolution, by rethinking originally and in radically spatial terms the notion of justice. Forging a sophisticated and original analysis, this book offers an analysis that will be of considerable interest to those working in critical urban geography, critical legal studies, critical event studies, surveillance and control studies.
Controlling Urban Events: Law, Ethics and the Material
by Andrea PavoniHow does order emerge out of the multiplicity of bodies, objects, ideas and practices that constitute the urban? This book explores the relation between space, law and control in the contemporary city – and particularly in the context of urban ‘mega events’ – through a combined geographical and normative analysis. Informed by the recent spatial, affective and material ‘turns’ in the humanities and social sciences, Andrea Pavoni addresses this question by pursuing an innovative and trans-disciplinary approach, capable of accounting for the emergence of order in urban space both at the conceptual and empirical levels. Two overarching objectives are pursued. First, to account for the increasing convergence of logics, techniques and technologies of law, security and marketing into novel, potentially oppressive spatial configurations. Second, to envisage a consistent ethico-political strategy to counter this evolution, by rethinking originally and in radically spatial terms the notion of justice. Forging a sophisticated and original analysis, this book offers an analysis that will be of considerable interest to those working in critical urban geography, critical legal studies, critical event studies, surveillance and control studies.
Controversial Bodies: Thoughts on the Public Display of Plastinated Corpses
by John D. LantosControversial, fascinating, disturbing, and often beautiful, plastinated human bodies—such as those found at Body Worlds exhibitions throughout the world—have gripped the public's imagination. These displays have been lauded as educational, sparked protests, and drawn millions of visitors. This book looks at the powerful sway these corpses hold over their living audiences everywhere.Plastination was invented in the 1970s by German anatomist Gunther von Hagens. The process transforms living tissues into moldable plastic that can then be hardened into a permanent shape. Von Hagens first exhibited his expertly dissected, artfully posed plastinated bodies in Japan in 1995. Since then, his shows have continuously attracted so many paying customers that they have inspired imitators, brought accusations of unethical or even illegal behavior, and ignited vigorous debates among scientists, educators, religious leaders, and law enforcement officials. These lively, thought-provoking, and sometimes personal essays reflect on such public displays from ethical, legal, cultural, religious, pedagogical, and aesthetic perspectives. They examine what lies behind the exhibitions' popularity and explore the ramifications of turning corpses into a spectacle of amusement. Contributions from bioethicists, historians, physicians, anatomists, theologians, and novelists dig deeply into issues that compel, upset, and unsettle us all.
Controversial Bodies: Thoughts on the Public Display of Plastinated Corpses
by John D. LantosControversial, fascinating, disturbing, and often beautiful, plastinated human bodies—such as those found at Body Worlds exhibitions throughout the world—have gripped the public's imagination. These displays have been lauded as educational, sparked protests, and drawn millions of visitors. This book looks at the powerful sway these corpses hold over their living audiences everywhere.Plastination was invented in the 1970s by German anatomist Gunther von Hagens. The process transforms living tissues into moldable plastic that can then be hardened into a permanent shape. Von Hagens first exhibited his expertly dissected, artfully posed plastinated bodies in Japan in 1995. Since then, his shows have continuously attracted so many paying customers that they have inspired imitators, brought accusations of unethical or even illegal behavior, and ignited vigorous debates among scientists, educators, religious leaders, and law enforcement officials. These lively, thought-provoking, and sometimes personal essays reflect on such public displays from ethical, legal, cultural, religious, pedagogical, and aesthetic perspectives. They examine what lies behind the exhibitions' popularity and explore the ramifications of turning corpses into a spectacle of amusement. Contributions from bioethicists, historians, physicians, anatomists, theologians, and novelists dig deeply into issues that compel, upset, and unsettle us all.
Controversial Issues in Prisons (UK Higher Education OUP Humanities & Social Sciences Criminology)
by David Scott Helen CoddControversial Issues in Prisons is a textbook designed to explore eight of the most controversial aspects of imprisonment in England and Wales today. It is primarily a book about the people who are sent to prison and what happens to them when inside. Each chapter examines a different dimension of the prison population and draws upon the sociological imagination to make connections between the personal troubles and vulnerabilities of those incarcerated with wider structural divisions which plague the society we live in. The book investigates controversies surrounding the incarceration of people with mental health problems, women, children, foreign nationals, offenders’ with suicidal ideation, sex offenders, drug takers and the collateral consequences of incarceration on prisoners' families. Each chapter on these eight substantive topics shares a common structure and answers the following key questions: How have people conceptualised this penal controversy?What does the official data tell us and what are its limitations?What is its historical context? What are the contemporary policies of the Prison Service?Are they legitimate and, if not, what are the alternatives?Ultimately the authors argue that in combination these controversial issues raise fundamental concerns about the legitimacy of the confinement project and the kind of society in which it is deemed essential. The book concludes with a discussion of why it remains important to make penal controversies visible, challenge penological illiteracy and provide alternative means of responding to human wrongdoing rooted in the principles of human rights and social justice.
Controversies in American Federalism and Public Policy (Controversies in American Constitutional Law)
by Christopher P. BanksThis interdisciplinary collection presents a scholarly treatment of how the constitutional politics of federalism affect governments and citizens, offering an accessible yet comprehensive analysis of the U.S. Supreme Court’s federalism jurisprudence and its effect on the development of national and state policies in key areas of constitutional jurisprudence. The contributors address the impact that Supreme Court federalism precedents have in setting the parameters of national law and policies that the states are often bound to respect under constitutional law, including those that relate to the scope and application of gun rights, LGBT freedoms, health care administration, anti-terrorism initiatives, capital punishment, immigration and environmental regulation, the legalization of marijuana and voting rights. Uniting scholarship in law, political science, criminology, and public administration, the chapters study the themes, principles, and politics that traditionally have been at the center of federalism research across different academic disciplines. They look at the origins, nature and effect of dual and cooperative federalism, presidential powers and administrative regulation, state sovereignty and states’ rights, judicial federalism and the advocacy of organized interests.
Controversies in American Federalism and Public Policy (Controversies in American Constitutional Law)
by Christopher P. BanksThis interdisciplinary collection presents a scholarly treatment of how the constitutional politics of federalism affect governments and citizens, offering an accessible yet comprehensive analysis of the U.S. Supreme Court’s federalism jurisprudence and its effect on the development of national and state policies in key areas of constitutional jurisprudence. The contributors address the impact that Supreme Court federalism precedents have in setting the parameters of national law and policies that the states are often bound to respect under constitutional law, including those that relate to the scope and application of gun rights, LGBT freedoms, health care administration, anti-terrorism initiatives, capital punishment, immigration and environmental regulation, the legalization of marijuana and voting rights. Uniting scholarship in law, political science, criminology, and public administration, the chapters study the themes, principles, and politics that traditionally have been at the center of federalism research across different academic disciplines. They look at the origins, nature and effect of dual and cooperative federalism, presidential powers and administrative regulation, state sovereignty and states’ rights, judicial federalism and the advocacy of organized interests.
Controversies in Contemporary Islam
by Oliver LeamanThis book helps to deepen our understanding of the varieties of contemporary Islam and the issues that are of most concern to Muslims today. Oliver Leaman explores some of the controversies and debates that exist within Islam and between Islam and other religions. He considers how the religion can be defined by looking at the contrast between competing sets of beliefs, and arguments amongst Muslims themselves over the nature of the faith. Areas covered include: Qur’anic interpretation, gender, finance, education, and nationalism. Examples are taken from a range of contexts and illustrate the diversity of approaches to Islam that exists today.
Controversies in Contemporary Islam
by Oliver LeamanThis book helps to deepen our understanding of the varieties of contemporary Islam and the issues that are of most concern to Muslims today. Oliver Leaman explores some of the controversies and debates that exist within Islam and between Islam and other religions. He considers how the religion can be defined by looking at the contrast between competing sets of beliefs, and arguments amongst Muslims themselves over the nature of the faith. Areas covered include: Qur’anic interpretation, gender, finance, education, and nationalism. Examples are taken from a range of contexts and illustrate the diversity of approaches to Islam that exists today.
Controversies in Criminal Justice Research (Controversies In Crime And Justice Ser.)
by Richard Tewksbury Elizabeth Ehrhardt MustaineThis book of original essays presents students with challenging looks at some of the most basic, and sometimes most difficult, decisions faced by criminal justice researchers. Each chapter presents an overview of a foundational question/issue in the conduct of research, and discussions of the options to resolve these controversies.
Controversies in Criminal Justice Research
by Richard Tewksbury Elizabeth Ehrhardt MustaineThis book of original essays presents students with challenging looks at some of the most basic, and sometimes most difficult, decisions faced by criminal justice researchers. Each chapter presents an overview of a foundational question/issue in the conduct of research, and discussions of the options to resolve these controversies.
Controversies in Equal Protection Cases in America: Race, Gender and Sexual Orientation (Controversies in American Constitutional Law)
by Anne Richardson OakesThis collection engages with current issues on equal protection in the USA, as seen from the perspectives of leading academics in this area. Contributors with a range of perspectives interrogate the legal, theoretical and factual assumptions which shape case law and consider the extent to which they satisfactorily address contemporary concerns with social hierarchies and norms. Divided into five parts, the study focusses on the connections between equal protection jurisprudence, discrimination in its contemporary manifestations, the implications of identity politics and the moral and political conceptualizations of equality that represent the parameters of debate. Drawing on historical analysis and disciplinary insights of the social sciences, the book bridges the gap between theory and practice. The themes presented and analyses developed are among some of the most contentious currently in America, and will be of interest not just to lawyers and legal academics, but also to inter-disciplinary social science researchers, including sociologists, economists and political scientists.
Controversies in Equal Protection Cases in America: Race, Gender and Sexual Orientation (Controversies in American Constitutional Law)
by Anne Richardson OakesThis collection engages with current issues on equal protection in the USA, as seen from the perspectives of leading academics in this area. Contributors with a range of perspectives interrogate the legal, theoretical and factual assumptions which shape case law and consider the extent to which they satisfactorily address contemporary concerns with social hierarchies and norms. Divided into five parts, the study focusses on the connections between equal protection jurisprudence, discrimination in its contemporary manifestations, the implications of identity politics and the moral and political conceptualizations of equality that represent the parameters of debate. Drawing on historical analysis and disciplinary insights of the social sciences, the book bridges the gap between theory and practice. The themes presented and analyses developed are among some of the most contentious currently in America, and will be of interest not just to lawyers and legal academics, but also to inter-disciplinary social science researchers, including sociologists, economists and political scientists.
Controversies in Innocence Cases in America (Controversies in American Constitutional Law)
by Sarah Lucy CooperControversies in Innocence Cases in America brings together leading experts on the investigation, litigation, and scholarly analysis of innocence cases in America, from legal, political and ethical perspectives. The contributors, many of whom work on these cases daily, investigate contemporary issues presented by innocence cases and the exoneration movement as a whole. These issues include the challenges faced by the movement, causes of wrongful convictions, problems associated with investigating, proving, and defining 'innocence', and theories of reform. Each issue is placed within a multi-disciplinary perspective to provide cogent observations and recommendations for the effective handling of these cases, and for what changes should be adopted in order to improve the American criminal justice system when it is faced with its most harrowing sight: an innocent defendant.
Controversies in Innocence Cases in America (Controversies in American Constitutional Law)
by Sarah Lucy CooperControversies in Innocence Cases in America brings together leading experts on the investigation, litigation, and scholarly analysis of innocence cases in America, from legal, political and ethical perspectives. The contributors, many of whom work on these cases daily, investigate contemporary issues presented by innocence cases and the exoneration movement as a whole. These issues include the challenges faced by the movement, causes of wrongful convictions, problems associated with investigating, proving, and defining 'innocence', and theories of reform. Each issue is placed within a multi-disciplinary perspective to provide cogent observations and recommendations for the effective handling of these cases, and for what changes should be adopted in order to improve the American criminal justice system when it is faced with its most harrowing sight: an innocent defendant.
Controversies in Latin American Bioethics (International Library of Ethics, Law, and the New Medicine #79)
by Eduardo Rivera-López Martin HeviaThis book offers a first rate selection of academic articles on Latin American bioethics. It covers different issues, such as vulnerability, abortion, biomedical research with human subjects, environment, exploitation, commodification, reproductive medicine, among others. Latin American bioethics has been, to an important extent, parochial and unable to meet stringent international standards of rational philosophical discussion. The new generations of bioethicists are changing this situation, and this book demonstrates that change. All articles are written from the perspective of Latin American scholars from several disciplines such as philosophy and law. Working with the tools of analytical philosophy and jurisprudence, this book defends views with rational argument, and opening for pluralistic discussion.
Controversies in Tax Law: A Matter of Perspective (Controversies in American Constitutional Law)
by Anthony C. InfantiThis volume presents a new approach to today’s tax controversies, reflecting that debates about taxation often turn on the differing worldviews of the debate participants. For instance, a central tension in academic tax literature - which is filtering into everyday discussions of tax law - exists between 'mainstream' and 'critical' tax theorists. This tension results from a clash of perspectives: Is taxation primarily a matter of social science or of social justice? Should tax policy debates be grounded in economics or in critical race, feminist, queer, and other outsider perspectives? To capture and interrogate what often seems like a chasm between the different sides of tax debates, this collection comprises a series of pairs of essays. Each pair approaches a single area of controversy from two different perspectives - with one essay usually taking a 'mainstream' perspective and the other a 'critical' perspective. In writing their contributions, the authors read and incorporated reactions to each other’s essays and paid specific attention to the influence of perspective on both the area of controversy and their contribution to the debate. With contributions from leading mainstream and critical tax scholars, this volume takes the first step toward bridging the gap between these differing perspectives on tax law and policy.
Controversies in Tax Law: A Matter of Perspective (Controversies in American Constitutional Law)
by Anthony C. InfantiThis volume presents a new approach to today’s tax controversies, reflecting that debates about taxation often turn on the differing worldviews of the debate participants. For instance, a central tension in academic tax literature - which is filtering into everyday discussions of tax law - exists between 'mainstream' and 'critical' tax theorists. This tension results from a clash of perspectives: Is taxation primarily a matter of social science or of social justice? Should tax policy debates be grounded in economics or in critical race, feminist, queer, and other outsider perspectives? To capture and interrogate what often seems like a chasm between the different sides of tax debates, this collection comprises a series of pairs of essays. Each pair approaches a single area of controversy from two different perspectives - with one essay usually taking a 'mainstream' perspective and the other a 'critical' perspective. In writing their contributions, the authors read and incorporated reactions to each other’s essays and paid specific attention to the influence of perspective on both the area of controversy and their contribution to the debate. With contributions from leading mainstream and critical tax scholars, this volume takes the first step toward bridging the gap between these differing perspectives on tax law and policy.
The Controversy over Marine Protected Areas: Science meets Policy (SpringerBriefs in Environmental Science #0)
by Alex Caveen Nick Polunin Tim Gray Selina Marguerite SteadThis book is a critical analysis of the concept of marine protected areas (MPAs) particularly as a tool for marine resource management. It explains the reasons for the extraordinary rise of MPAs to the top of the political agenda for marine policy, and evaluates the scientific credentials for the unprecedented popularity of this management option. The book reveals the role played by two policy networks – epistemic community and advocacy coalition – in promoting the notion of MPA, showing how advocacy for marine reserves by some scientists based on limited evidence of fisheries benefits has led to a blurring of the boundary between science and politics. Second, the study investigates whether the scientific consensus on MPAs has resulted in a publication bias, whereby pro-MPA articles are given preferential treatment by peer-reviewed academic journals, though it found only limited evidence of such a bias. Third, the project conducts a systematic review of the literature to determine the ecological effects of MPAs, and reaches the conclusion that there is little proof of a positive impact on finfish populations in temperate waters. Fourth, the study uses discourse analysis to trace the effects of a public campaigning policy network on marine conservation zones (MCZs) in England, which demonstrated that there was considerable confusion over the objectives that MCZs were being designated to achieve. The book’s conclusion is that the MPA issue shows the power of ideas in marine governance, but offers a caution that scientists who cross the line between science and politics risk exaggerating the benefits of MPAs by glossing over uncertainties in the data, which may antagonise the fishing industry, delay resolution of the MPA issue, and weaken public faith in marine science if and when the benefits of MCZs are subsequently seen to be limited.
Convenience Triangle in White-Collar Crime: Case Studies of Fraud Examinations
by Petter GottschalkStudies have shown that the number of individuals being incarcerated for white-collar crime is on the rise, going hand-in-hand with an increase in support for punishment and imprisonment for white-collar offenders among the public. This book aims to discuss the role of the ‘convenience triangle’ in white-collar crime, how it affects the perpetration of these crimes, the impact of this on detection and prevention and the effects of the punitive measures taken against white-collar criminals. The ‘convenience triangle’ is the dynamic relationship between motive, opportunity, and willingness to commit a crime, which culminates in the illegal acts that constitute white-collar crime. The relationship between these factors is explored through case studies highlighting each of these six causal relationships. Alongside this, the role of whistleblowing in the detection of white-collar crime, and the issue of incarceration for white collar criminals are discussed. For students of business and management, this book will provide valuable insights into the motivation and practice of white-collar crime. Its insights and discussion will also prove valuable for practitioners, engaged in both management and crime prevention.
Convention for the Unification of Certain Rules for International Carriage by Air, Done at Montreal on 28 May 1999 (Montreal Convention of 1999)
by Elmar Giemulla Ronald Schmid Regula Dettling-Ott Wolf Müller-Rostin<span style="mso-bidi-font-size:10.0pt;mso-ansi-language: EN-GB">After decades of controversy, a unified liability system for international carriage by air was established by the Montreal Convention of 1999, which went into force in November 2003. The new convention replaced the legal labyrinth created by the numerous perplexing accretions that had attached themselves to the Warsaw Convention. In this indispensable volume, air law professionals will find the full English text of the Convention with detailed article-by-article annotation, including all developments to date in case law, legal literature, national and international legislation, and administrative law. <p style="margin-bottom:0in;margin-bottom:.0001pt;background: white" class="MsoBodyText">The commentary covers ongoing developments in such crucial aspects as the following: applicability of the Convention; documents for carriage; liability for death or injury of passengers; liability for damages to baggage and cargo and for delay; exoneration from liability; carriage involving a contractual and an actual carrier; time limits for filing a claim and forfeiture; jurisdiction; exclusivity of the Convention versus applicability of national law; and insurance issues. <p style="margin-bottom:0in;margin-bottom:.0001pt;background: white" class="MsoBodyText"><span style="mso-bidi-font-size:10.0pt;mso-ansi-language: EN-GB">In addition to the article-by-article annotation, the book features such useful information as a synopsis comparing the Warsaw and Montreal Conventions, IATA Conditions and Resolutions, relevant European Union Regulations, and a list of the contracting parties to the Convention. <p style="margin-bottom:0in;margin-bottom:.0001pt;background: white" class="MsoBodyText"><span style="mso-bidi-font-size:10.0pt;mso-ansi-language: EN-GB"> Given that the Montreal Convention’s application during its first 20 years has already documented a promising and forceful new beginning in the complex area of air transport liability, this incomparable research tool will provide an enormous wealth of information and guidance for anyone who deals with legal issues arising from civil air law, including lawyers, policymakers, insurers and academics.
Convention on Contracts for the International Sale of Goods (CISG)
by Joseph LookofskyDerived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Convention on Contracts for the International Sales of Goods (CISG) and Wales covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Convention on Contracts for the International Sales of Goods (CISG and Wales will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law
Convention on Contracts for the International Sales of Goods (CISG)
by Joseph LookofskyAlso sometimes referred to as the Vienna Sales Convention, the Convention on Contracts for the International Sale of Goods (CISG) regulates the rights of buyers and sellers in international sales. The Convention, which first entered into effect in 1988, is the first sales law treaty to win acceptance on a worldwide scale. The current list of more than 90 Contracting States accounts for more than three-fourths of all world trade. The importance of the CISG in the international arena is underlined by thousands of reported decisions where the CISG has been held to apply, thus evidencing the conduct of countless international traders who-by default or by express choice-regularly subject their sales contracts to the Convention regime. The CISG has also impacted on sales legislation at national and regional (e.g. EU) levels. With this monograph as their guide, lawyers and scholars who deal with international sales contracts and sales contract disputes will obtain an excellent overview of the Convention, as well as valuable information as to all its 101 Articles, compromising key topic areas such as the following: Determining when the CISG applies; Freedom of contract under Article 6; Interpretation of the Convention and of CISG contracts; Sales contract formation, validity, defences to enforcement; Obligations of the parties, including conforming delivery & notice of non-conformity; Liability and remedies for breach, including specific performance, damages, avoidance/termination; Liability exemptions; Reservations under Articles 92-96. The Third Edition of this IEL monograph takes account of the latest scholarly commentary as well as key CISG case law worldwide.
Convention on International Civil Aviation: A Commentary
by Ruwantissa AbeyratneThis book is both a repertory guide to the Convention on International Civil Aviation (Chicago Convention) as well as a legal analysis of the provisions of the treaty. It traces action taken by the ICAO Assembly and the Council in the implementation of the Convention from the first ICAO Assembly in 1947 until 2012. Above all, the book offers a commentary on the functional and moral fabric of the Chicago Convention, which is not only a multilateral legal instrument that sets out basic principles of air navigation and air transport, but also serves as a moral compass that brings the people of the world together. The teleological nature of the Chicago Convention is reflected from the outset – from its Preamble which sets the tone and philosophy of the Convention – that aviation builds friendship and understanding among all people, to its technical provisions that range from rules of the air to landing at airports and customs and immigration procedures. The book effectively demonstrates the Aristotelian principle – that rules make people good by forming habits in them. Standardization, or in other words, compliance, is the driver of the Convention that keeps aviation safe, regular, efficient and economical. To that end, this book traces and details the sustained relevance of the Chicago Convention and the efforts of ICAO and the international aviation community towards keeping air transport on track and ready for its future exponential growth, both in letter and in spirit.
