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Towards the Development of the International Penal System
by Róisín MulgrewBased on extensive empirical research, this ground-breaking book describes and analyses existing systems for enforcing sentences of imprisonment imposed by international criminal courts and makes recommendations for the strategic and structural development of the international penal system. In particular, it advocates a resocialisation-focused international penal policy delivered using restorative justice modalities post-conviction and the creation of an accountable international prison system. Singly or combined, these developments will contribute to the institutionalisation of the international penal system and enhance the international nature of the sanction, the international control over the way international punishment is enforced and the equal treatment of international prisoners. These developments will also help to ensure that international punishment is principled and progressive and implemented in a humane and effective system.
The Wounded Animal: J. M. Coetzee and the Difficulty of Reality in Literature and Philosophy
by Stephen MulhallIn 1997, the Nobel Prize-winning novelist J. M. Coetzee, invited to Princeton University to lecture on the moral status of animals, read a work of fiction about an eminent novelist, Elizabeth Costello, invited to lecture on the moral status of animals at an American college. Coetzee's lectures were published in 1999 as The Lives of Animals, and reappeared in 2003 as part of his novel Elizabeth Costello; and both lectures and novel have attracted the critical attention of a number of influential philosophers--including Peter Singer, Cora Diamond, Stanley Cavell, and John McDowell. In The Wounded Animal, Stephen Mulhall closely examines Coetzee's writings about Costello, and the ways in which philosophers have responded to them, focusing in particular on their powerful presentation of both literature and philosophy as seeking, and failing, to represent reality--in part because of reality's resistance to such projects of understanding, but also because of philosophy's unwillingness to learn from literature how best to acknowledge that resistance. In so doing, Mulhall is led to consider the relations among reason, language, and the imagination, as well as more specific ethical issues concerning the moral status of animals, the meaning of mortality, the nature of evil, and the demands of religion. The ancient quarrel between philosophy and literature here displays undiminished vigor and renewed significance.
Class Actions and Government
by Rachael MulheronThe relationship between class actions and government makes for a nuanced and fascinating study. Government sets the scene by implementing and designing the regime, by choosing whether to act as a seed-funder for the regime, and by deciding to what extent it should regulate the regime against worldwide classes being litigated on its doorstep. It can then become a key player in the litigation itself. Government may be a representative claimant bringing the action, or a class member, or a potential financial beneficiary. Most commonly of all, it may be a defendant, being sued under the very regime which it enacted into law. With numerous opt-out class action regimes around the common law world in place, and others on the horizon, the book takes a comparative perspective throughout, and concludes with a series of recommendations, drawn from that comparative analysis of government's intricate interplay with class actions.
Medical Negligence: Non-patient And Third Party Claims
by Rachael MulheronHealthcare professionals face an increasing threat of litigation from parties whom they have never met in their daily medical practice and who look nothing like the traditional patient. The so-called ’non-patient’ may take many forms”for example, a person who is injured or killed by a mentally-ill, physically-disabled or diseased patient; a wrongfully-accused parent in a child neglect/abuse case; or a local authority which is put to the expense of caring for a negligently-treated patient. This book explores the legal principles and conundrums which arise when determining a healthcare professional’s liability in negligence towards a wide variety of non-patients. The topic is assuming increasing legal importance and relevance, given the potential for many non-patient claims to give rise to class actions litigation, and in light of the legislative and human rights interventions, and the frequent appellate judicial consideration, which non-patient claims have attracted in recent times. The aim of the book is to have utility for both legal and medical professionals; for academics and students of comparative medical negligence and tort law; and for law reformers who may be interested in adopting certain features of statutory models elsewhere which pertain to some non-patient claims, such as those based upon ’Good Samaritan’ conduct. Important parallels or counterpoints from other common law jurisdictions, in which courts and commentators have grappled with the legal complexities of non-patient claims, are also discussed and critically analyzed.
The Modern Cy-près Doctrine: Applications and Implications
by Rachael MulheronIt is unusual, in the precise world of law, to find instances of where ‘near enough is good enough’. This book explores when this is possible, referring to property and monetary transfers, under the increasingly important and influential cy-près doctrine. The doctrine decrees that, when literal compliance is impossible or infeasible, the intention of a donor or testator should be carried out ‘as nearly as possible’. Over the past thirty years, this doctrine has marched into other legal territory where ‘as near as possible’ is also considered sufficient, such as in class actions litigation and under non-charitable trusts. Discussing and analyzing key developments across the Commonwealth jurisdictions and the USA, this book considers whether there is a new and overarching definition which can be attributed to the cy-près doctrine. It asks whether there is a doctrinal symmetry of analysis that truly renders it a body of ‘cy-près law’ in the modern context and whether the doctrine can be expected to play an even greater role in the future. This book is of interest to researchers and practitioners working in trusts and charity law, property law, contract law, and class actions jurisprudence.
Principles of Tort Law
by Rachael MulheronPresenting the law of tort as a body of principles, this authoritative textbook leads students to an incisive and clear understanding of the subject. Each tort is carefully structured and examined within a consistent analytical framework that guides students through its preconditions, elements, defences and remedies. Clear summaries and comparisons accompany the detailed exposition, and further support is provided by numerous diagrams and tables, which clarify complex aspects of the law. Critical discussion of legal judgments encourages students to develop strong analytical and case-reading skills, whilst key reform proposals and leading cases from other jurisdictions illustrate different potential solutions to conundrums in tort law. A rich companion website, featuring ten additional chapters and sections on more advanced areas of tort law, completes the learning package. Written specifically for students, the text is also ideal for practitioners, litigants, policymakers and law reformers seeking a comprehensive and accurate understanding of the law.
Principles of Tort Law
by Rachael MulheronPresenting the law of tort as a body of principles, this authoritative textbook gives an incisive understanding of the subject. Each tort is carefully structured and examined within a consistent analytical framework that guides students through its preconditions, elements, defences and remedies. Clear summaries and comparisons accompany the detailed exposition, and further support is provided by diagrams and tables which clarify complex aspects of the law. Critical discussion of legal judgments encourages students to develop strong analytical and case-reading skills, whilst key reform proposals and leading cases from other jurisdictions illustrate different potential solutions to conundrums in tort law. A rich companion website, featuring semesterly updates alongside ten additional chapters on more advanced topics, completes the learning package. This new edition has been updated to take account of important cases, legislative developments and law reform studies since July 2015.
Care, Migration and Human Rights: Law and Practice (Routledge Research in Human Rights Law)
by Siobhán MullallyThe continuum of exploitation that has historically defined the everyday of domestic work - exclusion from employment and social security standards and precarious migration status – has frequently been neglected. It is primarily the moments of crisis, incidents of human trafficking, slavery or forced labour, that have captured the attention of human rights law. Only recently has human rights law has begun to address the structured inequalities and exclusions that define the domain of domestic work. This book addresses the specific position of domestic workers in the context of evolving human rights norms. Drawing upon a broad range of case studies, this book presents a thorough examination of key issues such as the commodification of care, the impact of the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights on ‘primary care providers’, as well as the effect that trends in migration law have on migrant domestic workers. This volume will be of interest to lawyers, academics and policy makers in the fields of human rights, migration, and gender studies.
Evaluating Contract Claims
by John Mullen Peter DavisonAn important guide to the quantification of contract claims in the construction industry, updated third edition The substantially expanded third edition of Evaluating Contract Claims puts the spotlight on the quantification of claims in the construction industry after liability has been established, including by reference to the terms of several standard forms of contract in common use. The authors clearly demonstrate the potential alternative approaches to quantification, the processes, principles and standard of analysis required to produce acceptable claims for additional payment. The third edition covers a number of heads claims not considered in previous editions and offers an important guide for those working with building or engineering contracts. Evaluating Contract Claims explains in detail how the base from which evaluation of additional payments may be established, the effect of changes on the programme of work and the sources of information for evaluation of additional payments. The book also contains information for evaluating the direct consequences of change in terms of the impact on unit rates, and evaluating of the time consequences of change in terms of prolongation, disruption, acceleration and more. This important book: Concentrates on the quantification of contract claims after liability has been established Offers a guide that is appropriate for any form of contract Considers the potential alternative approaches to quantification of different heads of claim Contains the principles and methods that should be reflected in the evaluation of claim quantum Includes the standard of substantiation which may be required Presents information that is equally applicable in both building and engineering disputes Is substantially expanded from its previous editions Written for construction and engineering contract administrators, project managers, quantity surveyors and contract consultants, Evaluating Contract Claims offers a revised third edition to the essential guide for quantifying claims in the construction industry once liability has been established.
Law and Imagination in Troubled Times: A Legal and Literary Discourse (Law, Language and Communication)
by Richard MullenderThis collection focuses on how troubled times impact upon the law, the body politic, and the complex interrelationship among them. It centres on how they engage in a dialogue with the imagination and literature, thus triggering an emergent (but thus far underdeveloped) field concerning the ‘legal imagination.’ Legal change necessitates a close examination of the historical, cultural, social, and economic variables that promote and affect such change. This requires us to attend to the variety of non-legal variables that percolate throughout the legal system. The collection probes ‘the transatlantic constitution’ and focuses attention on imagination in a common law context that seems to foster imagination as a cultural capability. The book is divided into four parts. The first part begins with a set of insights into the historical development of legal education in England and concludes with a reflection on the historical transition of England from an absolute monarchy to a republic. The second part of the volume examines the role that imagination plays in the functioning of the courts. The third part focuses on patterns of thought in legal scholarship and detects how legal imagination contributes to the process of producing new legal categories and terminology. The fourth part focuses on patterns of thought in legal scholarship, and looks to the impact of the imagination on legal thinking in the future. The work provides stimulating reading for those working in the areas of legal philosophy, legal history and law and humanities and law and language.
Brexit and the European Insurance Market: An empirical Analysis of the Impact on the Structure of the European Insurance Market, Stock Market Reactions and the Solvency II Supervisory Regime (Business, Economics, and Law)
by Antonia MüllerWith the Brexit referendum more than 50% of the British population voted in favour of the UK leaving the EU. Since that event, much speculation has been about Brexit impact on the global economy, also affecting the insurance market. Existing papers and literature indicate potential significant Brexit implications on the structure of the European insurance market due to the loss of the European Passport, the European Solvency II supervisory regime, as well as on stock prices of insurance companies based in the EU and UK, but so far there is no holistic view on this topic. The dissertation aims to bring together the fragmentary information on Brexit implications for the European insurance market, develop methodological approaches further, conduct new analyses, and reflect a holistic picture of the impact of Brexit on the European insurance market, focusing on the structure of the European insurance market, stock market reactions and the Solvency II supervisory regime.
Marihuana oficial: Crónica de un experimento uruguayo
by Christian Muller Guillermo DraperLa historia de un experimento que quedará para la historia, tanto si tiene éxito como si fracasa. Desde que José Mujica recorrió cuarteles para ver dónde podía plantar marihuana hasta que el cannabis echó raíces en un predio estatal pasaron más de tres años y una elección. La venta de la droga en farmacias completa un sistema único que rompe con décadas de prohibición y le disputa al narcotráfico uno de sus mercados.Una investigación periodística con más de cuarenta entrevistados, Marihuana oficial cuenta qué llevó al gobierno de Uruguay a embarcar a un pequeño país en un viaje desconocido. En sus páginas hay narcos, policías, activistas, políticos, empresarios y exguerrilleros; los protagonistas de un experimento que quedará en la historia si tiene éxito y también si fracasa.Desde que José Mujica recorrió cuarteles para ver dónde podía plantar marihuana hasta que el cannabis echó raíces en un predio estatal pasaron más de tres años y una elección. La venta de la droga en farmacias completa un sistema único que rompe con décadas de prohibición y le disputa al narcotráfico uno de sus mercados.Una investigación periodística con más de cuarenta entrevistados, Marihuana oficial cuenta qué llevó al gobierno de Uruguay a embarcar a un pequeño país en un viaje desconocido. En sus páginas hay narcos, policías, activistas, políticos, empresarios y exguerrilleros; los protagonistas de un experimento que quedará en la historia si tiene éxito y también si fracasa.
Swiss Contract Law in International Commercial Arbitration: A Commentary
by Christoph MüllerThis book provides a systematic presentation of the most important commercial contracts under Swiss law, i.e., the contract of sale, the contract for work and services, the simple mandate contract, and the commercial agency contract, as well as the licence agreement, the exclusive distribution agreement, and the settlement agreement. The book also contains an in-depth introduction of the Swiss law of obligations, covering topics such as the fundamental principles of contract law, the obligation (as the effect of the contract), the formation of contracts, contract interpretation, validity of contracts, agency, general terms and conditions, and breach of contract. After English law, Swiss law is deemed to be the most attractive law applicable to the parties' contract in an international context. At the same time, English is usually chosen as the language of the arbitration proceedings. This book will therefore be an indispensable resource for all English-speaking lawyers interested in international commercial arbitration.
American Inquisition
by Eric L. MullerWhen the U.S. government forced 70,000 American citizens of Japanese ancestry into internment camps in 1942, it created administrative tribunals to pass judgment on who was loyal and who was disloyal. In American Inquisition, Eric Muller relates the untold story of exactly how military and civilian bureaucrats judged these tens of thousands of American citizens during wartime. Some citizens were deemed loyal and were freed, but one in four was declared disloyal to America and condemned to repressive segregation in the camps or barred from war-related jobs. Using cultural and religious affiliations as indicators of Americans' loyalties, the far-reaching bureaucratic decisions often reflected the agendas of the agencies that performed them rather than the actual allegiances or threats posed by the citizens being judged, Muller explains.American Inquisition is the only study of the Japanese American internment to examine the complex inner workings of the most draconian system of loyalty screening that the American government has ever deployed against its own citizens. At a time when our nation again finds itself beset by worries about an "enemy within" considered identifiable by race or religion, this volume offers crucial lessons from a recent and disastrous history.
Finance, Innovation and Geography: Harnessing Knowledge Dynamics in German Biotechnology (Routledge Studies in Innovation, Organizations and Technology)
by Felix C. MüllerThe overarching aim of Finance, Innovation and Geography: Harnessing Knowledge Dynamics in German Biotechnology is to explore linkages between geographies of finance and relational geographies of innovation. This is achieved by questioning how investment activities affect the unfolding of innovations and in turn are affected by it. This book focuses on biotechnology innovation processes from the perspective of relational economic geography. It reconstructs the unfolding in time and space of eight innovations in German biotechnology. Each one is represented in a qualitative case study. The analysis focuses on the relational work of building, transforming, ending and replacing of collaborative relationships and organizational arrangements surrounding emergent innovations ・ including investment relations and relational work by investors. In this way, the contribution of investors to unfolding innovations is studied with sensitivity to context and situated interactions. The geography of these dynamics is conceptualized by drawing on the recent literature on relational proximity and distance as well as ideas of materiality and space. This book provides a unique perspective, and shows that innovation paths are strongly interwoven with local and temporary opportunities as well as crises, and that investment is embedded in these dynamics. This is essential reading for students and academics of both economics and innovation.
Royal Heirs and the Uses of Soft Power in Nineteenth-Century Europe
by Frank Lorenz Müller Heidi MehrkensThis volume brings together a fascinating selection of studies exploring the soft power tools used by heirs to the throne in order to enhance the communication of monarchies with their audiences during the nineteenth-century. How we perceive royals and their dynasties today - as families, as celebrities, as charitable figureheads of society or as superfluous relics of a bygone age - has deep roots in the monarchical cultures of nineteenth-century Europe. By focusing on the role played by heirs to the throne, this volume offers an original perspective on the ability of monarchies to persuade sceptical audiences, nourish positive emotions and thereby strengthen the position of each dynasty within its respective nation. Using examples from Britain, Italy, Spain, the Netherlands, Austria, Greece, Sweden, Norway and Prussia, an international team of experts analyzes and explains the development of the very soft power tools which are still being used by Ruling Houses today.
Disclosure Dilemmas: Ethics of Genetic Prognosis after the 'Right to Know/Not to Know' Debate (Medical Law and Ethics)
by Hansjakob MüllerThere exists today a fast growing availability of personal genetic information. Its prognostic impact and value for an individual or family member's health is sometimes unclear, whilst at other times it is clear-cut. The issue of whether to disclose genetic information does however have wide ranging implications. Avoiding the rhetoric of 'genetic exceptionalism', and drawing on an expanded field of bioethical, sociological and anthropological research, this book sets a new agenda for discussing the ethics surrounding the disclosure of prognostic genetic information. A hermeneutical approach reconsiders the ethics of disclosure in a variety of contexts in which genetic information is generated, requested, interpreted or communicated - from the provider perspective, but also from the moral perspectives of clients and their families. It is in situations of disclosure, in these different contexts, that genetic information meets morality. Providers and recipients can become vulnerable to the revelation or concealment of information, and the forms in which it may be provided. Disclosure Dilemmas invites readers to explore these contexts from an ethical viewpoint and will be a valuable resource for anyone with an interest in biomedical ethics.
The World-Directedness of Emotional Feeling: On Affect and Intentionality
by Jean Moritz MüllerThis book engages with what are widely recognized as the two core dimensions of emotion. When we are afraid, glad or disappointed, we feel a certain way; moreover, our emotion is intentional or directed at something: we are afraid of something, glad or disappointed about something. Connecting with a vital strand of recent philosophical thinking, Müller conceives of these two aspects of emotion as unified. Examining different possible ways of developing the view that the feeling dimension of emotion is itself intentional, he argues against the currently popular view that it is a form of perception-like receptivity to value. Müller instead proposes that emotional feeling is a specific type of response to value, an affective ‘position-taking’. This alternative conceives of emotional feeling as intimately related to our cares and concerns. While situating itself within the analytic-philosophical debate on emotion, the discussion crucially draws on ideas from the early phenomenological tradition and thinks past the theoretical strictures of many contemporary approaches to this subject. The result is an innovative view of emotional feeling as a thoroughly personal form of engagement with value.
Business Governance: Mitarbeiter- und Unternehmensführung in der Wissensgesellschaft (essentials)
by Julia Müller Anne-Katrin NeyerJulia Müller und Anne-Katrin Neyer erläutern in kompakter Weise, basierend auf ausgewählten Forschungsbeiträgen der Mitarbeiter- und Unternehmensführung, die Instrumente, die Ziele und die Situationen der Business Governance und deren Zusammenhänge. Anhand der Business Governance Formel zeigen die Autorinnen, dass Instrumente der Mitarbeiter- und Unternehmensführung so zu wählen sind, dass sie im Einklang mit Unternehmenszielen und -situationen stehen. Durch das ganzheitliche Konzept der Business Governance können Führungskräfte - wenn sie Business Governance im Unternehmen (vor)leben - Unternehmen zielgerichtet in die richtige Richtung führen.
Embodying Exchange: Materiality, Morality and Global Commodity Chains in Andean Commerce (The Human Economy #11)
by Juliane MüllerAddressing the infrastructural, legal and moral complexities in contemporary world trade, this book uses an ethnographic analysis of the interface of multinational brand manufacturers and popular traders in the Bolivian Andes. It offers a situated account of traders’ understanding of regulatory principles, and traces commercial dynamics beyond the limits of what we define as economic. It aims to humanize our understanding of the economy by grounding it in everyday life and morality.
Comparing Mass Media in Established Democracies: Patterns of Media Performance (Challenges to Democracy in the 21st Century)
by Lisa MüllerThis book examines the contribution of mass media to modern democracies, in comparative perspective. Part I deals with the conceptualization and implementation of a systematic framework to assess democratic media performance, both in terms of media systems and content. Part II studies media effects on the quality of democracy.
Marine and Fisheries Policies in Latin America: A Comparison of Selected Countries (Earthscan Oceans)
by Manuel Ruiz Muller Rodrigo Oyanedel Bruno MonteferriThis book reviews the frameworks and implementation of marine, fishery and coastal laws and policies in Chile, Mexico and Peru. Chile, Mexico and Peru share biodiverse coastal and marine environments which are being affected by unregulated and informal developments, and thus share similar challenges. Each country is currently at a different stage of advancement in their institutional response to these complex challenges. By providing a comparison of the frameworks, approaches and overall implementation of policies and laws, this book acts as a tool to influence and inform further efforts in conservation and sustainable use of marine resources, particularly fisheries, in these countries and others in Latin America and the Caribbean. A broad range of issues are covered including food security, tourism, fisheries, oil and mineral extraction from the seabed, wind power, coastal and marine pollution and endangered species conservation. The chapters compare how each country addresses these issues from an institutional, legal and policy perspective. The book concludes by identifying common lessons, reoccurring challenges and develops scalable recommendations applicable to the case study countries and the wider region. The book will be of interest to advanced students, policy makers and researchers in marine and fishery science, law and policy.
Public Security in the Negotiated State: Policing in Latin America and Beyond (Governance and Limited Statehood)
by Markus-Michael MüllerPolicing and security governance in areas of limited statehood have become central issues in contemporary academic and political debates. This book offers an in-depth study on public security provision, the resulting state-society relations, and policing in Mexico City.
Kantianism for Animals: A Radical Kantian Animal Ethic (The Palgrave Macmillan Animal Ethics Series)
by Nico Dario MüllerThis open access book revises Kant’s ethical thought in one of its most notorious respects: its exclusion of animals from moral consideration. The book gives readers in animal ethics an accessible introduction to Kant’s views on our duties to others, and his view that we have only ‘indirect’ duties regarding animals. It then investigates how one would have to depart from Kant in order to recognise that animals matter morally for their own sake. Particular attention is paid to Kant’s ‘Formula of Humanity,' the role of autonomy and the moral law, as well as Kant’s notions of practical reason and animal instinct. The result is a deliberately amended version of Kantianism which nevertheless remains faithful to central aspects of Kant’s thought. The book’s final part illustrates the framework’s use in applied contexts, addressing the issues of using animals as mere means, the ethics of veganism and vegetarianism, and environmental protection. Nico Dario Müller shows how, when furnished with duties to animals, Kant's moral philosophy can be a powerful resource for animal ethicists.
The Use of Alternative Benchmarks in Anti-Subsidy Law: A Study on the WTO, the EU and China (European Yearbook of International Economic Law #4)
by Sophia MüllerIn the debate over the treatment of China in trade remedy investigations, this book focuses exclusively on anti-subsidy law. As such, it brings a long neglected and often underestimated area of international trade law to the fore.Exploring the delicate relations between the WTO, the EU and China, it focuses on the current legal framework for the use of alternative benchmarks in anti-subsidy law and analyses the consequences that arise from its practical application in investigations against China. Scrutinizing recent developments in WTO anti-subsidy law, in particular the adoption of country-specific rules in accession protocols, the book reveals the shortcomings of the current approach and argues for fundamental reforms. Accordingly, the book provides academics and practitioners alike with vital insights into the legal evolution and practical application of alternative benchmark methodologies in the context of WTO and EU anti-subsidy law, while also putting forward a critical analysis of the status quo.