In order to pronounce a judgment, a trial must construct an individualizing story of actors and their acts; but in order to punish, each act between individuals must be transformed into an aggression against society as a whole, against the state itself.
The law is often presented as the reign of reason over passion. Instead, it leads to trauma, dispossession, and violence. Only by overturning our inherited legal fictions can we envision forms of truer justice. Combining narratives of real trials with theoretical analysis, Judge and Punish shows that juridical institutions are not merely a response to crime.
The state claims to guarantee our security, yet from our birth, we also belong to it. The criminal trial, a magnifying mirror, reveals our true condition as political subjects.
- Popcorn Surprise.
- How we fixed DRM in Portugal (and so can you).
- Legal Integration and Language Diversity - C.J.W. Baaij - Oxford University Press.
Drawing on the rich field of performance studies, this volume offers fresh insights and a provocative mix of multidisciplinary topics and methodologies to explore the theatricality and performativity of law as more than a metaphor. In considering law through the lens of performance studies, the contributors in this volume emphasize the embodied, affective, and reiterative qualities that move law off the printed page and into the thick world of lived experience. They consider the blurring of lines between performance and the enactment of law, the transformative exchanges between the law and its many and varied stagings, and the impact or resonance of performativity in situations where innocence and guilt may be determined.
C6 C45 eBook.
This book sets out a possible trajectory for the co-development of legal responsibility on the one hand and artificial intelligence and the machines and systems driven by it on the other. As autonomous technologies become more sophisticated it will be harder to attribute harms caused by them to the humans who design or work with them.
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This will put pressure on legal responsibility and autonomous technologies to co-evolve. Mark Chinen illustrates how these factors strengthen incentives to develop even more advanced systems, which in turn inspire nascent calls to grant legal and moral status to autonomous machines. C6 O24 eBook. The increasing use of artificial intelligence within the workplace is likely to cause significant disruption to the labour market and in turn, to the economy, due to a reduction in the number of taxable workers.
In this innovative book, Xavier Oberson proposes taxing robots as a possible solution to the anticipated problem of declining tax revenues. In accordance with guiding legal and economic principles, the book explores the various tax models that could be applied to both the use of robots, such as a usage or automation tax, and to robots directly.
Copyright Exhaustion by Péter Mezei
Numerous associated issues are discussed, such as the definition of robots for tax purposes, the difficulty of granting a tax capacity to robots, as well as the compatibility of robot taxes with international tax rules. C6 S LAW. This innovative book sets itself at the crossroads of several rapidly developing areas of research in legal and global studies related to social computing, specifically in the context of how public emergency responders appropriate content on social media platforms for emergency and disaster management. The book - a collaboration between computer scientists, ethicists, legal scholars and practitioners - should be read by anyone concerned with the ongoing debate over the corporatization and commodification of user-generated content on social media and the extent to which this content can be legally and ethically harnessed for emergency and disaster management.
A67 LAW. This collection of essays investigates the way in which modern private law apportions responsibility between multiple parties who are or may be responsible for the same legal event. It examines both doctrines and principles that share responsibility between plaintiffs and defendants, on the one hand, and between multiple defendants, on the other.
The doctrines examined include those 'originating' doctrines which operate to create shared liabilities in the first place such as vicarious and accessorial liability ; and, more centrally, those doctrines that operate to distribute the liabilities and responsibilities so created. Is Intellectual Property Pluralism Functional?
I85 eBook. The international intellectual property IP law system allows states to develop policies that reflect their national interests. Therefore, although there is an international minimum standards framework in place, states have widely varying IP laws and differing interpretations of these laws. This book examines whether pluralism in IP law is functional when applied to copyright, patents and trademarks on an international basis. The book is divided into four parts which focus on the interaction between global standards and national norms, pluralism within the framework of international norms, pluralistic functions of copyright and the flexibility applied to patent law.
M34 eBook. These rules form part of a growing body of transnational private regulation.
Generic Top-Level Domains offers a clear and engaging analysis of how ICANN has tackled a diverse set of regulatory issues related to the introduction of new gTLDs, such as property rights, competition and consumer protection. Studying recent case law, the book argues for a stronger focus on procedural fairness for future introductions of new gTLDs.
It also highlights how ICANN's contractual framework regulates the registration and use of domain names. W LAW. This book helps lawyers, practitioners, legislators and students understand and cope with the challenges of e-commerce, and to learn about the most up-to-date technology and regulation of Online Dispute Resolution ODR.
It introduces different forms of online dispute resolution, against the background of Alternative Dispute Resolution ADR developments in the off-line environment; crucially, it examines the current technology and legal status of ODR in the EU, US, Asia and Australia, and discusses the relations between the various parties in dispute resolutions. The Principles of Constitutionalism by N. Barber Call Number: K B37 LAW.
- A Common Law for Europe | CEUPress.
- Midnight Rambler.
- INTELLECTUAL PROPERTY IN THE TWENTY-FIRST CENTURY: WILL THE DEVELOPING COUNTRIES LEAD OR FOLLOW?.
- Contemporary Jungian Analysis: Post-Jungian Perspectives from the Society of Analytical Psychology.
- Copyright Law in the Digital Society.
Following on from his critically acclaimed The Constitutional State, in this new study Nick Barber explores how the principles of constitutionalism structure and influence successful states. Far from acting solely as a mechanism to limit state powers, Barber contends that constitutionalism and its associated principles require that the state be structured to advance the well-being of its people.
An attractive and satisfying account of constitutionalism, and, by derivation, of the state, can only be reached if the principles of constitutionalism are seen as interlocking parts of a broader doctrine. A98 eBook. The contributions to this book analyse and submit to critique authoritarian constitutionalism as an important phenomenon in its own right, not merely as a deviant of liberal constitutionalism. Accordingly, the fourteen studies cover a variety of authoritarian regimes from Hungary to Apartheid South Africa, from China to Venezuela; from Syria to Argentina, and discuss the renaissance of authoritarian agendas and movements, such as populism, Trumpism, nationalism and xenophobia.
From different theoretical perspectives the authors elucidate how authoritarian power is constituted, exercised and transferred in the different configurations of popular participation, economic imperatives, and imaginary community. R69 LAW. Can constitutional amendments be unconstitutional? The problem of "unconstitutional constitutional amendments" has become one of the most widely debated issues in comparative constitutional theory, constitutional design, and constitutional adjudication. This book describes and analyses the increasing tendency in global constitutionalism to substantively limit formal changes to constitutions.
The challenges of constitutional unamendability to constitutional theory become even more complex when constitutional courts enforce such limitations through substantive judicial review of amendments, often resulting in the declaration that these constitutional amendments are "unconstitutional". Knight Call Number: K K59 LAW. The mediation of the balance between vigilance and restraint is a fundamental feature of judicial review of administrative action in the Anglo-Commonwealth.
The Politics of Online Copyright Enforcement in the EU
This balance is realised through the modulation of the depth of scrutiny when reviewing the decisions of ministers, public bodies and officials. While variability is ubiquitous, it takes different shapes and forms. Dean R. Knight explores the main shapes and forms employed in judicial review in England, Canada, Australia and New Zealand over the last fifty years. P83 eBook. Important new policy frameworks call on governments to ensure respect for human rights by businesses and to secure a transition to sustainable consumption.
But what are the obligations of the state to protect human rights when it acts as a buyer? And how can procurement be used to drive respect for human rights amongst government suppliers? This engaging book reflects on these important questions, from the dual disciplinary perspectives of public procurement and human rights. R84 LAW. This book analyzes emergency legislations formed in response to terrorism. In recognition that different countries, with different legal traditions, have different solutions, it adopts a comparative point of view. The goal is not to offer judgment on one response or the other.
Rather, the contributors offer a comprehensive and thoughtful examination of the entire concept. In the process, they draw attention to the inadaptability of traditional legal and philosophical categories in a new and changing political world. A55 eBook. At a time when the planet's wildlife faces countless dangers, international environmental law continues to overlook its evolving welfare interests.
This thought-provoking book provides a crucial exploration of how international environmental law must adapt to take account of the growing recognition of the intrinsic value of wildlife. Animal Welfare and International Environmental Law offers compelling and timely arguments in favour of wildlife's inherent worth and proposes a progressive development of the law in response to its needs and interests. S LAW. The book discusses the development of the emerging concept of biocultural rights, which are defined as a basket of group rights.