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Post-Crisis Banking Regulation in the European Union
by Katarzyna SumThis book offers holistic, economic analysis of the on-going regulatory reform in the European banking industry. The author addresses the main opportunities and pitfalls related to post-crisis financial regulation, and investigates whether the proposed solutions provide an appropriate response to the problems within the EU's ailing banking sector. The author gives particular focus to the implementation of Basel III, the introduction of the Banking Union, the inclusion of bank governance elements into regulatory frameworks, and the country-specific aspects of regulation at a national level. The discussion builds upon existing literature in the field and takes a novel approach in its examination of banking regulations, their endogeneity and their interactions with bank governance. The book also analyses banking regulation in the EU within theoretical frameworks, as well as by means of empirical exercises. Insights into the theory and practical aspects of banking regulation make this book a valuable read for academics, researchers, students and practitioners alike.
Post-Disaster Reconstruction and Change: Communities' Perspectives
by Jennifer E. Duyne Barenstein Esther LeemannSuccessful recovery following a disaster depends upon transcending the disciplinary divides of architecture, engineering, and planning and emphasizing the importance of community perspectives in the post-disaster reconstruction process. Effective results in community recovery mandate that we holistically examine the complex interrelationship betwee
Post-Liberal Religious Liberty: Forming Communities of Charity
by Joel HarrisonWhy should we care about religious liberty? Leading commentators, United Kingdom courts, and the European Court of Human Rights have de-emphasised the special importance of religious liberty. They frequently contend it falls within a more general concern for personal autonomy. In this liberal egalitarian account, religious liberty claims are often rejected when faced with competing individual interests – the neutral secular state must protect us against the liberty-constraining acts of religions. Joel Harrison challenges this account. He argues that it is rooted in a theologically derived narrative of secularisation: rather than being neutral, it rests on a specific construction of 'secular' and 'religious' spheres. This challenge makes space for an alternative theological, political, and legal vision. Drawing from Christian thought, from St Augustine to John Milbank, Harrison develops a post-liberal focus on association. Religious liberty, he argues, facilitates creating communities seeking solidarity, fraternity, and charity – goals that are central to our common good.
Post-Materialist Business: Spiritual Value-Orientation in Renewing Management
by László ZsolnaiPost-Materialist Business presents a spiritual-based approach to business and management. It uses pluralistic view of spirituality and provides a number of inspiring cases of alternative organizations which go beyond the materialistic mindset of business and serve the common good of society, nature, and future generations.
Post-Pandemic Realities and Growth in Eastern Europe: The Griffiths School of Management & IT 12th Annual Conference on Business, Entrepreneurship and Ethics (Springer Proceedings in Business and Economics)
by Sebastian Văduva Ioan Ş. Fotea Silvia L. FoteaAs the COVID-19 crisis comes to an end, leaders, organizations, and governments have to develop a “new normal” for doing business with a focus on protecting the environment, integrating new technologies and adapting to new social changes. Based on empirical studies and conceptual contributions from researchers and practitioners presented at the Griffiths School of Management & IT’s 12th Annual Conference on Business, Entrepreneurship and Ethics (GSMAC), this proceedings volume provides a multifaceted perspective on the impact and effects of the COVID-19 pandemic on various public and private systems including education, business organizations and consumer behavior. In particular, this book explores the impact of the pandemic on remote work and employee health, sustainable development, and economic growth, among others. It also highlights the role of data analysis in understanding trends, opportunities, and challenges in the above systems.
Post-Racial Constitutionalism and the Roberts Court: Rhetorical Neutrality and the Perpetuation of Inequality
by Cedric Merlin PowellPost-Racial Constitutionalism and the Roberts Court: Rhetorical Neutrality and the Perpetuation of Inequality provides the first comprehensive Critical Race Theory critique of the United States Supreme Court under Chief Justice John Roberts. Since being named to the Court in 2005, Chief Justice Roberts has maintained a position of neutrality in his opinions on race. By dissecting neutrality and how it functions as a unifying feature in all the Court's race jurisprudence, this book illustrates the consequences of this ostensible impartiality. By examining the Court's racial jurisprudence dating back to the Reconstruction, the book shows how the Court has actively rationalized systemic oppression through neutral rhetoric and the elevation of process-based decisional values, which are rooted in democratic myths of inclusivity and openness. Timely and trenchant, the book illustrates the permanence of racism and how neutrality must be rejected to achieve true empowerment and substantive equality.
Post-Soviet Constitutions and Challenges of Regional Integration: Adapting to European and Eurasian integration projects (Routledge Research in EU Law)
by Roman Petrov Peter Van ElsuwegeThis book explores the implications of European and Eurasian integration projects for the constitutional orders of post-Soviet countries. On the one hand, the process of Eurasian integration, culminating in the establishment of the Eurasian Economic Union (EAEU), led to the creation of new institutions and mechanisms influencing the domestic legal order of the participating countries. On the other hand, the process of European integration, epitomised through the European Union (EU), constitutes an important source of reference for domestic constitutional developments in the countries which recently concluded a new generation of Association Agreements with the EU. This book analyses the implications of both processes. The book addresses the relevant experience of the countries from Central and Eastern Europe with transitional constitutionalism, mapping out the significance of European and Eurasian integration for protecting the rule of law in the post-Soviet space and identifying the constitutional implications and challenges of the EAEU and the new generation of Association Agreements. It also provides detailed country reports on national constitutional orders in the post-Soviet space and their adaptability to regional integration projects, authored by leading academics from the countries concerned, providing a number of general reflections about the evolution of post-Soviet constitutions in light of European and Eurasian integration projects.
Post-Truth, Philosophy and Law (Law and Politics)
by Tiziana Andina Angela CondelloIn the wake of Brexit and Trump, the debate surrounding post-truth fills the newspapers and is at the center of the public debate. Democratic institutions and the rule of law have always been constructed and legitimized by discourses of truth. And so the issue of "post-truth" or "fake truth" can be regarded as a contemporary degeneration of that legitimacy. But what, precisely, is post-truth from a theoretical point of view? Can it actually change perceptions of law, of institutions and political power? And can it affect our understanding of society and social relations? What are its ideological premises? What are the technical conditions that foster it? And most importantly, does it have anything to teach lovers of the truth? Pursuing an interdisciplinary perspective, this book gathers both well-known and newer scholars from a range of subject areas, to engage in a philosophical interrogation of the relationship between truth and law.
Post-Truth: The New War on Truth and How to Fight Back
by Matthew d'AnconaWelcome to the Post-Truth era— a time in which the art of the lie is shaking the very foundations of democracy and the world as we know it. The Brexit vote; Donald Trump’s victory; the rejection of climate change science; the vilification of immigrants; all have been based on the power to evoke feelings and not facts. So what does it all mean and how can we champion truth in in a time of lies and ‘alternative facts’?In this eye-opening and timely book, Post-Truth is distinguished from a long tradition of political lies, exaggeration and spin. What is new is not the mendacity of politicians but the public’s response to it and the ability of new technologies and social media to manipulate, polarise and entrench opinion. Where trust has evaporated, conspiracy theories thrive, the authority of the media wilt and emotions matter more than facts . Now, one of the UK’s most respected political journalists, Matthew d’Ancona investigates how we got here, why quiet resignation is not an option and how we can and must fight back.
Post-growth Politics: A Critical Theoretical and Policy Framework for Decarbonisation (Green Energy and Technology)
by Peter FergusonThis book uses a critical political economy approach to develop an historically and politically grounded set of strategies for states to move toward a post-growth, decarbonised global economy. It begins by examining the social and ecological costs of and limits to economic growth and determines that significant decarbonisation of the global economy can only be achieved if conventional growth-based economies are replaced by an alternative post-growth economy.Set apart from many other works in the field by its critical political economy approach to policy development, this book offers the reader three distinctive features. First, it places the analysis in historical context in order to demonstrate how the global political economy is constantly changing with respect to distributions of wealth, power and fundamental norms, and explores how states might harness and transform these contingent patterns in a post-growth direction. Second, the book is not only concerned with developing and advocating post-growth policies, but also with how these measures can be incorporated into the high-level domestic and international strategies pursued by states to ensure their political legitimacy and economic and geopolitical survival. Third, rather than proposing an idealised and politically naïve model of socioecological transformation, the proposed post-growth policy framework is highly cognisant of the geopolitical and international economic pressures facing states and demonstrates how these can be managed in the transition toward a post-growth economy.This book represents an invaluable resource for policymakers, academics, activists and students wishing to study or contribute to the transition to a post-growth, decarbonised economy.
Post-transitional Justice: Human Rights Trials in Chile and El Salvador
by Cath CollinsLatin America is still dealing with the legacy of terror and torture from its authoritarian past. In the years after the restoration of democratic governments in countries where violations of human rights were most rampant, the efforts to hold former government officials accountable were mainly conducted at the level of the state, through publicly appointed truth commissions and other such devices. This stage of “transitional justice” has been carefully and exhaustively studied. But as this first wave of efforts died down, with many still left unsatisfied that justice had been rendered, a new approach began to take over. In Post-transitional Justice, Cath Collins examines the distinctive nature of this approach, which combines evolving legal strategies by private actors with changes in domestic judicial systems. Collins presents both a theoretical framework and a finely detailed investigation of how this has played out in two countries, Chile and El Salvador. Drawing on more than three hundred interviews, Collins analyzes the reasons why the process achieved relative success in Chile but did not in El Salvador.
Post-trauma and the Recovery Governance of Cultural Heritage
by Toshiyuki Kono Junko OkahashiThis book successfully represents the indispensable interdisciplinarity of viewpoints by its authors combining legal perspectives with architectural and anthropological approaches. With the observation and analysis presented here, this book is the first to demonstrate research-based governance solutions for cultural heritage within the process of recovering from traumatic events. Its opening statement is that universal international standards are not effective enough for the specific situations of disaster-struck places.A major objective of this monograph is to allow its readers to go through a learning experience, from plural cases where reconstruction of cultural heritage became central to rebuilding a post-disaster society. This book introduces Japan as the most disaster-prone country, with a long history of confronting and overcoming the power of nature, resulting in its unique solutions for cultural heritage resilience and sustainability. But how do leadership and decision making become efficient in times of recovery? Bearing in mind what may be lacking in Japanese practices, this work also presents comparable governance models from other countries which indicate alternative solutions.While a traumatic event may occur within one night, the process of recovery could last for decades. Such disasters also tend to recur. In order that directly affected communities can sustain resilience throughout the long recovery period, and that equally severe social trauma will not be repeated, a continuous, well-maintained governance response is required, whether grounded in local knowledge or national policy frameworks. At the heart of this book is the matter of the reconstruction process involving networks of small and large communities. Each of those has a role that becomes operational through linkages of contacts, the interchange of knowledge and skills, and above all through the sharing of common goals.
Postcolonial Copyright Law: Lessons on Community and Coloniality from Thailand (Intellectual Property, Theory, Culture)
by Mespiti PoolsavasdiThis book appraises postcolonial perspectives to rethink the meaning of copyright and makes suggestions for its future within the global landscape of intellectual property law.Drawing on the experience of Thailand as a case study, a country with a unique yet marginal position in discussions on colonialism, the book offers valuable insights for the international field of copyright law. Thai copyright law emerged in an era when the threat of European colonial powers inspired local ruling elites to embark on a quest for modernisation and establish a modern absolutist state. One can observe similar dynamics in the recent promotion of Thailand’s Creative Economy. Contrary to these top-down developments, the book argues for greater attention to attitudes and practices on the ground. Taking an interdisciplinary approach informed by film studies, area studies, decolonial studies, and legal sociology, the book makes a case to redefine copyright as a community resource.The book will be of interest to researchers in the field of copyright law, postcolonial and decolonial studies, and sociolegal studies.
Postcolonial Legality: Law, Power and Politics in Zambia
by Jeremy GouldThis book interrogates the ideology and practices of liberal constitutionalism in the Zambian postcolony. The analysis focuses on the residual political and governmental effects of an imperial form of power, embodied in the person of the republican president, termed here prerogativism. Through systematic, long-term ethnographic engagement with Zambian constitutionalist activists – lawyers, judges and civic leaders – the study examines how prerogativism has shaped the postcolonial political landscape and limited the possibilities of constitutional liberalism. This is revealed in the ways that repeated efforts to reform the constitution have sidelined popular participation and thus failed to address the deep divide between a small elite stratum (from which the constitutional activists are drawn) and the marginalized masses of the population. Along the way, the study documents the intimate interpenetration of political and legal action and examines how prerogativism delimits the political engagements of elite actors. Special attention is given to the reluctance of legal activists to engage with popular politics and to the conservative ethos that undermines efforts to pursue a jurisprudence of transformational constitutionalism in the findings of the Constitutional Court. The work contributes to the rising interest in applying socio-legal analysis to the statutory domain in postcolonial jurisdictions. It offers a pioneering attempt to deconstruct the amorphous and ambivalent assemblage of ideas and practices related to constitutionalism through detailed ethnographic interrogation. It will appeal to scholars, students and practitioners with an interest in theorizing challenges to political liberalism in postcolonial contexts, as well as in rethinking the methodological toolbox of socio-legal analysis.
Postcolonial Transitional Justice: Zimbabwe and Beyond
by Khanyisela MoyoTransitional justice processes are now considered to be crucial steps in facilitating the move from conflict or repression to a secure democratic future. This book contributes to a deeper understanding of transitional justice by examining the complexities of transition in postcolonial societies. It focuses particularly on Zimbabwe but draws on relevant comparative material from other postcolonial polities. Examples include but are not limited to African countries such as South Africa, Rwanda and Mozambique. European societies such as Northern Ireland, as well as other nations such as Guatemala, are also considered. While amplifying the breadth of the subject of transitional justice, the book addresses the claim that transitional justice mechanisms in postcolonial countries are necessary if the rule of law and the credibility of the country’s legal institutions are to be restored. Drawing on postcolonial legal theory, and especially on analyses of the relationship between international law and imperialism, the book challenges the assumption that a domestic rule of law ‘deficit’ may be remedied with recourse to international law. Taking up the paradigmatic perception that international law is neutral and has fixed rules, it demonstrates how complex issues which arise during postcolonial transitions require a more critical adoption of transitional justice mechanisms.
Postcritical Management Studies: Philosophical Investigations (Ethical Economy #65)
by Ghislain DeslandesThis book is the first of its kind to offer a new definition of contemporary management. It uses Michel Henry’s philosophy and takes the real, sensitive and pathetic subjectivity of individuals as the starting point of the analysis as opposed to the usual large categories of representations; resources; images; and discourses. This book thus proposes to rethink management by insisting on the dialectic of strength and vulnerability; its power of constraint, imitation and imagination; and finally its framework of action situated in a fourfold concern for the self, for people, for institutions and for the environment. These different notions are useful in order to experience a deeper understanding of management that is free from the obsolescence of the distant recommendations of ancient protomanagement and the outdated and dubious prescriptions of the so-called “scientific management”.
Postdigital Ethical Futures: Essays in Honour of John Reader
by Maggi Savin-Baden Maria PowerPostdigital Ethical Futures emerged from the work of the Ethical Futures Network hosted by the William Temple Foundation meeting both online and at Trinity College, Oxford. This book illustrates the research being carried out by some of the members of this network by examining the more practical aspects of the subject of religion and the digital, drawing on a wider range of disciplines and was created in memory of John Reader whose idea the text was, who died suddenly in 2023. This book examines issues of ethics as encountered in both the digital and environmental spheres, and seeks to cross the boundary between philosophy and theology.
Posthuman Biopolitics: The Science Fiction of Joan Slonczewski (Palgrave Studies in Science and Popular Culture)
by Bruce ClarkeThis volume presents the first collection of essays dedicated to the science fiction of microbiologist Joan Slonczewski. Posthuman Biopolitics consolidates the scholarly literature on Slonczewski’s fiction and demonstrates fruitful lines of engagement for the critical, cultural, and theoretical treatment of her characters, plots, and storyworlds. Her novels treat feminism in relation to scientific practice, resistance to domination, pacifism versus militarism, the extension of human rights to nonhuman and posthuman actors, biopolitics and posthuman ethics, and symbiosis and communication across planetary scales. Posthuman Biopolitics explores the breadth and depth of Joan Slonczewski’s vision, uncovering the reflective ethical practice that informs her science fiction.
Posthuman Legal Subjectivity: Reimagining the Human in the Anthropocene (Law, Justice and Ecology)
by Jana NormanThis book provides a reimagining of how Western law and legal theory structures the human–earth relationship. As a complement to contemporary efforts to establish rights of nature and non-human legal personhood, this book focuses on the other subject in the human–earth relationship: the human. Critical ecological feminism exposes the dualistic nature of the ideal human legal subject as a key driver in the dynamic of instrumentalism that characterises the human–earth relationship in Western culture. This book draws on conceptual fields associated with the new sciences, including new materialism, posthuman critical theory and Big History, to demonstrate that the naturalised hierarchy of humans over nature in the Western social imaginary is anything but natural. It then sets about constructing a counternarrative. The proposed ‘Cosmic Person’ as alternative, non-dualised human legal subject forges a pathway for transforming the Western cultural understanding of the human–earth relationship from mastery and control to ideal co-habitation. Finally, the book details a case study, highlighting the practical application of the proposed reconceptualisation of the human legal subject to contemporary environmental issues. This original and important analysis of the legal status of the human in the Anthropocene will be of great interest to those working in legal theory, jurisprudence, environmental law and the environmental humanities; as well as those with relevant interests in gender studies, cultural studies, feminist theory, critical theory and philosophy.
Posthuman Property and Law: Commodification and Control through Information, Smart Spaces and Artificial Intelligence
by Jannice KällThis book analyses the phenomenon of digitally mediated property and considers how it problematises the boundary between human and nonhuman actors. The book addresses the increasingly porous border between personhood and property in digitized settings and considers how the increased commodification of knowledge makes visible a rupture in the liberal concept of the property owning, free, person. Engaging with the latest work in posthumanist and new materialist theory, it shows, how property as a concept as well as a means for control, changes fundamentally under advanced capitalism. Such change is exemplified by the way in which data, as an object of commodification, is extracted from human activities yet is also directly used to affectively control – or nudge – humans. Taking up a range of human engagements with digital platforms and coded architectures, as well as the circulation of affects through practices of artificial intelligence that are employed to shape behaviour, the book argues that property now needs to be understood according to an ecology of human as well as nonhuman actors. The idea of posthuman property, then, offers both a means to critique property control through digital technologies, as well as to move beyond the notion of the self-owning, object-owning, human. Engaging the most challenging contemporary technological developments, this book will appeal to researchers in the areas of Law and Technology, Legal Theory, Intellectual Property Law, Legal Philosophy, Sociology of Law, Sociology, and Media Studies.
Postletale Landwirtschaft: Zur anstehenden Reform unseres Agrarsystems
by Stefan MannEs gibt viele Bücher auf dem Markt, die uns erklären, warum wir aufhören sollten, Fleisch zu produzieren und zu essen. Dieses Buch dagegen erklärt, warum wir aufhören werden, Fleisch zu produzieren und zu essen. Und was sich dadurch in der Landwirtschaft verändern wird.Tierrechtler verweisen gerne auf die Abschaffung der Sklavenhaltung und zeigen, worin die vielen Parallelen zur Befreiung landwirtschaftlicher Nutztiere liegen. Leider erklären sie nicht, warum die Sklavenhaltung zwischen 1833 und 1987 in jedem Land der Welt, die Tierproduktion aber in keinem Land der Welt abgeschafft wurde, sondern der globale Fleischkonsum weiter wächst. Es gilt also einerseits zu erklären, warum das Unbehagen immer mehr Konsumenten mit dem, was die einen Wertschöpfungskette, die anderen Tötungsmaschinerie nennen, nicht zu einem Paradigmenwechsel geführt hat. Und warum derzeit die Voraussetzungen dafür geschaffen werden, damit sich dies ändert.So füllt «Postletale Landwirtschaft» die Lücke zwischen tierethischen Abhandlungen und der Fülle «wertfreier» agrar- und umweltwissenschaftlicher Literatur zur Dynamik und den Auswirkungen des Fleischkonsums. Das Buch stellt dar, welche ethischen und welche ökologischen Probleme zwangsläufig zu einer Transformation der Landwirtschaft führen werden. Höchstwahrscheinlich einer Landwirtschaft, zu der das Töten von Tieren nicht mehr gehören wird.
Postliberal Constitutionalism: The Challenge of Right Wing Populism in Central and Eastern Europe
by Adam SulikowskiThis book addresses recent changes in Central and Eastern Europe in order to critically consider the impact of illiberal conservatism on constitutionalism. Right-wing populism and the illiberal constitutionalism of Central and Eastern Europe have challenged both the dominant views of legal scholars and those elements of the legal mainstream that appeared to be firmly entrenched and resistant to change. But, as this book demonstrates, in practical terms, the anti-liberal right has made use of critical methods that were originally conceived as tools for use in emancipatory and left-wing action, absorbing and utilizing a great many of the ideas associated with critical jurisprudential thought. In short, this book maintains, conservative illiberalism has taken over the role that postmodernism could have played: the role of a ‘jester discourse’ relativizing the certainties and finality of liberal democracy. As the book argues, however, what this connection reveals is the necessity of a legal and political response that does not simply and hysterically reaffirm the former liberal hegemony. Rather, drawing on Foucault and post-Marxism, it articulates a concept of agonistic democracy that aims to shift the center of gravity in constitutional discourse away from any naive liberal faith in the nonpolitical. This book will appeal to constitutional lawyers, as well as to legal and political theorists with interests in contemporary populism and liberal thought.
Postmodern Legal Feminism
by Mary Joe FrugA collection of eight essays by Mary Joe Frug, published posthumously. First Published in 1993. Routledge is an imprint of Taylor & Francis, an informa company.
Postmodern Legal Movements: Law and Jurisprudence At Century's End
by Gary MindaA wide-ranging and comprehensive survey of modern legal scholarship and the evolution of law in AmericaWhat do Catharine MacKinnon, the legacy of Brown v. Board of Education, and Lani Guinier have in common? All have, in recent years, become flashpoints for different approaches to legal reform. In the last quarter century, the study and practice of law have been profoundly influenced by a number of powerful new movements; academics and activists alike are rethinking the interaction between law and society, focusing more on the tangible effects of law on human lives than on its procedural elements. In this wide-ranging and comprehensive volume, Gary Minda surveys the current state of legal scholarship and activism, providing an indispensable guide to the evolution of law in America.
Postmodern Legal Movements: Law and Jurisprudence At Century's End (Open Access Lib And Hc Ser.)
by Gary MindaWhat do Catharine MacKinnon, the legacy of Brown v. Board of Education, and Lani Guinier have in common? All have, in recent years, become flashpoints for different approaches to legal reform. In the last quarter century, the study and practice of law have been profoundly influenced by a number of powerful new movements; academics and activists alike are rethinking the interaction between law and society, focusing more on the tangible effects of law on human lives than on its procedural elements. In this wide-ranging and comprehensive volume, Gary Minda surveys the current state of legal scholarship and activism, providing an indispensable guide to the evolution of law in America.