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The Right Not to be Criminalized: Demarcating Criminal Law's Authority (Applied Legal Philosophy)
by Dennis J. BakerThis book presents arguments and proposals for constraining criminalization, with a focus on the legal limits of the criminal law. The book approaches the issue by showing how the moral criteria for constraining unjust criminalization can and has been incorporated into constitutional human rights and thus provides a legal right not to be unfairly criminalized. The book sets out the constitutional limits of the substantive criminal law. As far as specific constitutional rights operate to protect specific freedoms, for example, free speech, freedom of religion, privacy, etc, the right not to be criminalized has proved to be a rather powerful justice constraint in the U.S. Yet the general right not to be criminalized has not been fully embraced in either the U.S. or Europe, although it does exist. This volume lays out the legal foundations of that right and the criteria for determining when the state might override it. The book will be of interest to researchers in the areas of legal philosophy, criminal law, constitutional law, and criminology.
The Right not to Be Subjected to Enforced Disappearance: Concept, Content and Scope
by Ioanna PervouThis book offers a distinctive approach to the right not to be subjected to enforced disappearance. Over the last decade, the entry into force of the UN Convention for the Protection of All Persons from Enforced Disappearance has brought to the forefront of legal discussion the need to effectively address the practice of disappearance. Yet, there are still obstacles to combatting it, which are in part due to a limited understanding of the right’s underlying concept, content and scope.This book examines the phenomenon and definition of enforced disappearance and sheds new light on the right against disappearance. Presenting a doctrinal appraisal of the norm’s legal value, it suggests that the right against enforced disappearance holds a customary value, while also arguing that it has since attained a jus cogens status. Lastly, it examines in detail the rights to truth and reparation and how regional and national courts have interpreted these norms. It assesses the UN Convention’s dynamics and considers whether the lack of a right against disappearance embedded in regional human rights systems affects individuals’ protection.The book provides an overview of key jurisprudence on disappearances, making it of benefit to both practitioners and theorists of international law.
The Right of Access to Environmental Information
by Sean WhittakerThe book discusses the normative impact of the Aarhus Convention on how England, America and China guarantees the right of access to environmental information. Through this analysis the book identifies each of these jurisdictions' unique conceptualisations of the right which, in turn, influences the design of their respective environmental information regimes. This allows these jurisdictions potentially to act as sources of legal reforms for each other to improve how the right is guaranteed via legal transplant theory, challenging the normativity of the Aarhus Convention. This is not to suggest that the Aarhus Convention exerts no normative influence on how the right is guaranteed; there are core substantive and core procedural elements which have to be met for the right to be effectively guaranteed, and the book shows that the Aarhus Convention does exert a normative influence over the procedural elements of the right.
The Right of Access to Public Information: An International Comparative Legal Survey
by Hermann-Josef Blanke Ricardo PerlingeiroThis book presents a comparative study on access to public information in the context of the main legal orders worldwide(inter alia China,France,Germany,Japan,Russia,Sweden,United States).The international team of authors analyzes the Transparency- and Freedom-to-Information legislation with regard to the scope of the right to access, limitations of this right inherent in the respective national laws, the procedure, the relationship with domestic legislation on administrative procedure, as well as judicial protection. It particularly focuses on the Brazilian law establishing the right of access to information, which is interpreted as a benchmark for regulations in other Latin-American states.
The Right of Publicity: Privacy Reimagined for a Public World
by Jennifer E. RothmanWho controls how one’s identity is used by others? This legal question, centuries old, demands greater scrutiny in the Internet age. Jennifer Rothman uses the right of publicity—a little-known law, often wielded by celebrities—to answer that question, not just for the famous but for everyone. In challenging the conventional story of the right of publicity’s emergence, development, and justifications, Rothman shows how it transformed people into intellectual property, leading to a bizarre world in which you can lose ownership of your own identity. This shift and the right’s subsequent expansion undermine individual liberty and privacy, restrict free speech, and suppress artistic works. The Right of Publicity traces the right’s origins back to the emergence of the right of privacy in the late 1800s. The central impetus for the adoption of privacy laws was to protect people from “wrongful publicity.” This privacy-based protection was not limited to anonymous private citizens but applied to famous actors, athletes, and politicians. Beginning in the 1950s, the right transformed into a fully transferable intellectual property right, generating a host of legal disputes, from control of dead celebrities like Prince, to the use of student athletes’ images by the NCAA, to lawsuits by users of Facebook and victims of revenge porn. The right of publicity has lost its way. Rothman proposes returning the right to its origins and in the process reclaiming privacy for a public world.
The Right of the Child to Play: From Conception to Implementation (Routledge Research in Human Rights Law)
by Naomi LottThis book provides a vital and original investigation into, and critique of, the situation facing the realisation of the child’s right to play. The right to play has been referred to as a forgotten right – forgotten by States implementing the Convention on the Rights of the Child, by the Committee on the Rights of the Child in monitoring and providing guidance on the Convention, and by human rights academics. Through multidisciplinary, original archival, novel doctrinal and primary empirical research, the work provides a thorough investigation of the right to play. It offers an innovative insight into its value, the challenges facing the realisation of the right, its raison d’être and its scope, content and obligations. It also critiques the Committee’s engagement with the right to play and shares lived experiences of efforts to support its implementation in the United Kingdom and Tanzania. The book highlights elements of best practice, challenges, and weaknesses, and makes recommendations for the continued and improved realisation of the right to play. The book will be a valuable resource for researchers, academics, advocates and policy-makers working in the areas of Children’s Rights, International Human Rights Law, Public International Law, Child Welfare, and Education.
Right Relationship: Building a Whole Earth Economy
by Peter G. Brown Geoffrey Garver&“We are all stewards of the earth, but often lack specific information and advice on what we can do . . . [This] provides a wonderful guide for all of us.&” —President Jimmy Carter Our current economic system—which assumes endless growth and limitless potential wealth—flies in the face of the fact that the earth&’s resources are finite. The result is increasing destruction of the natural world and growing, sometimes lethal, tension between rich and poor, global north and south. Trying to fix problems piecemeal is not the solution. We need a comprehensive new vision of an economy that can serve people and all of life&’s commonwealth. Peter G. Brown and Geoffrey Garver use the core Quaker principle of &“right relationship&”—interacting in a way that is respectful to all and that aids the common good—as the foundation for a new economic model. Right Relationship poses five basic questions: What is an economy for? How does it work? How big is too big? What&’s fair? And how can it best be governed? Brown and Garver expose the antiquated, shortsighted, and downright dangerous assumptions that underlie our current answers to these questions, as well as the shortcomings of many current reform efforts. They propose new answers that combine an acute awareness of ecological limits with a fundamental focus on fairness and a concern with the spiritual, as well as material, well-being of the human race. Brown and Garver describe new forms of global governance that will be needed to get and keep the economy in right relationship. Individual citizens can and must play a part in bringing this relationship with life and the world into being
The Right(s) to Water
by Pierre ThielbörgerPoliticians and diplomats have for many years proclaimed a human right to water as a solution to the global water crisis, most recently in the 2010 UN General Assembly Resolution "The human right to water and sanitation". To what extent, however, can a right to water legally and philosophically exist and what difference to international law and politics can it make? This question lies at the heart of this book. The book's answer is to argue that a right to water exists under international law but in a more differentiated and multi-level manner than previously recognised. Rather than existing as a singular and comprehensive right, the right to water should be understood as a composite right of different layers, both deriving from separate rights to health, life and an adequate standard of living, and supported by an array of regional and national rights. The author also examines the right at a conceptual level. After disproving some of the theoretical objections to the category of socio-economic rights generally and the concept of a right to water more specifically, the manuscript develops an innovative approach towards the interplay of different rights to water among different legal orders. The book argues for an approach to human rights - including the right to water - as international minimum standards, using the right to water as a model case to demonstrate how multilevel human rights protection can function effectively. The book also addresses a crucial last question: how does one make an international right to water meaningful in practice? The manuscript identifies three crucial criteria in order to strengthen such a composite derived right in practice: independent monitoring; enforcement towards the private sect∨ and international realization. The author examines to what extent these criteria are currently adhered to, and suggests practical ways of how they could be better met in the future.
The Right Thing
by Sally BibbTrust in business is at an all-time low, but more people than ever claim that working for an ethical company matters to them. Something has to change. But in a everyday working environment, ethics often seem abstract and hard to grasp. The Right Thing is here to help, as leading business consultant Sally Bibb gives you simple steps to make sure that you're working ethically. The book features:Simple explanations of big ethical ideasCase studies to bring ethics to life, and show how bad it can be when ethics go wrongTips on everything from ethical leadership to creating an ethical cultureChecklists - so you can make sure you're doing the right thing
The Right Thing To Do: Basic Readings in Moral Philosophy 7th Edition
by Stuart Rachels James RachelsThe Right Thing to Do: Basic Readings in Moral Philosophy is a companion reader to the best-selling text: The Elements of Moral Philosophy (0-07-8119065). Authors James Rachels and Stuart Rachels offer engaging, thought-provoking essays on compelling issues that students are familiar with and understand. This rich collection of essays can be used on its own for a course on moral philosophy, or it can be used to supplement other introductory texts.
The Right Thing To Do: Basic Readings in Moral Philosophy
by Stuart Rachels James RachelsThis collection of readings in moral theory and moral issues from major Western philosophers is the ideal companion reader for James Rachels' text The Elements of Moral Philosophy. The anthology explores further the theories and issues introduced in that volume, in their original and classic formulations. The collection can stand on its own as the text for a course in moral philosophy, or it can be used to supplement any introductory text.
The Right to a Fair Trial (The\international Library Of Essays On Rights Ser.)
by Thom BrooksThe right to a fair trial is often held as a central constitutional protection. It nevertheless remains unclear what precisely should count as a 'fair' trial and who should decide verdicts. This already difficult issue has become even more important given a number of proposed reforms of the trial, especially for defendants charged with terrorism offences. This collection, The Right to a Fair Trial, is the first to publish in one place the most influential work in the field on the following topics: including the right to jury trial; lay participation in trials; jury nullification; trial reform; the civil jury trial; and the more recent issue of terrorism trials. The collection should help inform both scholars and students of both the importance and complexity of the right to a fair trial, as well as shed light on how the trial might be further improved.
The Right to be Forgotten: A Canadian and Comparative Perspective
by Ignacio N. CofoneExploring the evolution of the right to be forgotten, its challenges, and impact on privacy, reputation, and online expression, this book lays out the current state of the law on the right to be forgotten in Canada and in the international context while addressing the broader theoretical tensions at its core of the right to be forgotten.The essays contemplate questions such as: How does the right to be forgotten fit into existing legal frameworks? How can Canadian courts and policy-makers reconcile rights to privacy and rights to access publicly available information? Should search engines be regulated purely as commercial actors? What is the right’s impact on free speech and freedom of the press? Together, these essays address the questions that legal actors and policy-makers must consider as they move forward in shaping this new right through legislation, regulations, and jurisprudence. They address both the difficulties in introducing the right and the long-term effects it could have on the protection of online (and offline) reputation and speech. As the question of implementing the right to be forgotten in Canada has been put forward by the Privacy Commissioner and considered by courts, Canada is in need of academic literature on the matter; a need that, with this book, we intend to fulfill.The questions put forward in this book will thus advance the legal debate in Canada and provide a rich case study for the international legal community.
The Right To Be Forgotten: A Comparative Study of the Emergent Right's Evolution and Application in Europe, the Americas, and Asia (Ius Comparatum - Global Studies in Comparative Law #40)
by Franz WerroThis book examines the right to be forgotten and finds that this right enjoys recognition mostly in jurisdictions where privacy interests impose limits on freedom of expression. According to its traditional understanding, this right gives individuals the possibility to preclude the media from revealing personal facts that are no longer newsworthy, at least where no other interest prevails. Cases sanctioning this understanding still abound in a number of countries. In today’s world, however, the right to be forgotten has evolved, and it appears in a more multi-faceted way. It can involve for instance also the right to access, control and even erase personal data. Of course, these prerogatives depend on various factors and competing interests, of both private and public nature, which again require careful balancing. Due to ongoing technological evolution, it is likely that the right to be forgotten in some of its new manifestations will become increasingly relevant in our societies.
The Right to Be Parents: LGBT Families and the Transformation of Parenthood
by Carlos A. BallThe Right to beParents is the first book to provide a detailed history of how LGBT parentshave turned to the courts to protect and defend their relationships with theirchildren. Carlos A. Ball chronicles the stories of LGBT parents who, in seekingto gain legal recognition of and protection for their relationships with theirchildren, have fundamentally changed how American law defines and regulatesparenthood. To this day, some courts are still not able to look beyond sexualorientation and gender identity in cases involving LGBT parents and theirchildren. Yet on the whole, Ball’s stories are of progress and transformation:as a result of these pioneering LGBT parent litigants, the law is increasinglyrecognizing the wide diversity in American familial structures.
The Right to Be Punished
by Gabriel HallevyDoes an offender have the right to be punished? "The right to be punished" may sound like an oxymoron, but it is not necessarily so. With the emergence of modern criminal law, the offender gained the right to be punished by rational criminal law rather than being lynched by an angry mob. The present-day offender may have the right to be punished by doctrinal sentencing rather than being subjected to verdicts based on vague, unclear, and uncertain principles. In modern criminal law, the imposition of criminal liability follows accurate and strict rules, whereas there are no similar rules for the imposition of punishment. The process of sentencing is vague and obscure, as are the considerations used for the imposition of punishments. The objective of the present book is to propose a comprehensive, general, and legally sophisticated theory of modern doctrinal sentencing. The challenges of such a legal theory are plenty and complex. In addition to increasing clarity and certainty, modern doctrinal sentencing must deal with modern types of delinquency (e.g. organized crime, recidivism, corporate offenders, high-tech offenses, etc.) and modern principles of criminal law. Modern doctrinal sentencing must serve to ensure optimal sentencing.
A Right to Bear Arms?: The Contested Role of History in Contemporary Debates on the Second Amendment
by Barton C. Hacker Jennifer Tucker Margaret ViningThis collection of essays explores the way history itself has become a contested element within the national legal debate about firearms. The debate over the Second Amendment has unveiled new and useful information about the history of guns and their possession and meaning in the United States of America. History itself has become contested ground in the debate about firearms and in the interpretation of the Second Amendment to the Constitution of the United States. Specifically this collection of essays gives special attention to the important and often overlooked dimension of the applications of history in the law. These essays illustrate the complexity of the firearms debate, the relation between law and behavior, and the role that historical knowledge plays in contemporary debates over law and policy. Wide-ranging and stimulating The Right to Bear Arms is bound to captivate both historians and casual readers alike.
The Right to Conscientious Objection to Military Service and Turkey’s Obligations under International Human Rights Law (Palgrave Pivot)
by Özgür Heval ҪinarThis study examines Turkey's non-recognition of the right to conscientious objection to military service and locates this non-recognition within the context of international human rights law - specifically United Nations and European Union system.
The Right to Counsel and the Protection of Attorney-Client Privilege in Criminal Proceedings: A Comparative View (Ius Comparatum - Global Studies in Comparative Law #44)
by Lorena Bachmaier Winter Stephen C. Thaman Veronica LynnThe book provides an overview of the right to counsel and the attorney-client privilege in the following 12 jurisdictions: China, Germany, Greece, Italy, Japan, the Netherlands, Portugal, Spain, Switzerland, Turkey, UK and USA.The right to counsel is a fundamental right providing the accused access to justice in criminal proceedings. Lawyers can only practice their profession properly if clients have complete trust in their lawyer’s discretion. This trust is safeguarded by the attorney-client privilege, which is an indispensable part of every constitutional state and one of the most important professional duties of a lawyer. It is of particular importance in criminal proceedings regarding the protection of the confidentiality of lawyer-client communications in the different procedural stages, coercive measures as well as the various duties and interests in play. However, the communications protected by attorney-client privilege vary greatly from country to country. With regard to criminal investigations in an increasingly globalised world, where sophisticated tools enable broad digital investigations, there is an urgent need to clarify how this fundamental right is protected at both the national and supranational level. Each chapter explores the regulations, practices and recent developments in each jurisdiction and was written by highly qualified experts in the legal field – from academia and practice alike. It identifies possible solutions and best practices, providing valuable insights for practitioners and law-making bodies alike regarding the actual protection (or lack thereof) of lawyer-client confidentiality in the pretrial and trial stage of criminal proceedings.
The Right to Data Protection: Individual and Structural Dimensions of Data Protection in EU Law (Information Technology and Law Series #34)
by Felix BiekerThis book advances an approach that combines the individual and the structural, systemic dimensions of data protection. It considers the right to data protection under the EU Charter and its relationship to the secondary legislation. Furthermore, the case law of the Court of Justice of the EU as well as current academic conceptualizations are analysed. The author finds that current approaches invariably link data protection to privacy and often fail to address the structural implications of data processing. He therefore suggests a dualistic approach to data protection: in its individual dimension, data protection aims to protect natural persons and their rights, while the structural dimension protects the democratic society as a whole from the adverse effects of data processing. Using this approach, the full potential of an independent right to data protection can be realized. Researchers, practitioners and students will find this a valuable resource on the rationales, scope and application of data protection. Felix Bieker is Legal Researcher at the Office of the Data Protection Commissioner of Schleswig-Holstein (Unabhängiges Landeszentrum für Datenschutz) in Kiel, Germany.
The Right to Democracy in International Law: Between Procedure, Substance and the Philosophy of John Rawls (Routledge Research in International Law)
by Khalifa A AlfadhelThis book explores the right to democracy in international law and contemporary democratic theory, asking whether international law encompasses a substantive or procedural understanding of the notion. The book considers whether there can be considered to be a basis for the right to democracy in international customary law through identification of the relevant State practice and opinio juris, as well as through an evaluation of the Universal Declaration of Human Rights and whether the relevant provisions might be interpreted as forming customary law. The book then goes on to explore the relevant provisions in international treaties including the International Covenant on Civil and Political Rights before looking at the role of regional organizations and human rights regimes including the European Court of Human Rights and the Arab human rights regime. Khalifa A. Alfadhel draws on the work of John Rawls in order to put forward a theoretical basis for the right to democracy.
The Right to Development in International Law: The Case of Pakistan (Routledge Research in Human Rights Law #Vol. 3)
by Khurshid IqbalThe Right to Development in International Law rigorously explores the right to development (RTD) from the perspectives of international law as well as the constitutionally guaranteed fundamental rights and the Islamic concept of social justice in Pakistan. The volume draws on a wide range of relevant sources to analyse the legal status of international cooperation in contemporary international law, before exploring the domestic application of the right to development looking at the example of Pakistan, a country that is undergoing radical transformation in terms of its internal governance structures and the challenges it faces for enforcing the rule of law. Of particular importance is the examination of the RTD and Shari‘ah law in Pakistan which adds a new perspective to the RTD debate and enriches the discussion about human rights and Shari‘ah across the world. Through focusing on Pakistan the book links international perspectives and the international human rights framework with the domestic constitutional apparatus for enforcing the RTD within that jurisdiction. In doing so, Khurshid Iqbal argues that the RTD may be promoted through existing constitutional mechanisms if fundamental rights are widely interpreted by the superior courts, effectively implemented by the lower courts and if Shari‘ah law is progressively interpreted in public interest. Iqbal’s work will appeal to researchers, professionals and students in the fields of law, human rights, development, international law, South Asian Studies, Islamic law and international development studies.
The Right to Development in the African Human Rights System (Global Africa)
by Serges Djoyou KamgaThe right to development (RTD) seeks to address global inequities hidden in world politics and global institutions through the game of influences played by powerful actors. The negative impacts of the Atlantic slave trade, colonialism, and the subjugation of Africa through globalisation and its institutions are key factors that have caused Africa and African people claiming their RTD. This book examines how the African continent protects the right to development, examining the nature of the RTD and controversies surrounding it and how it is implemented. The book then goes onto explore the RTD at the regional level including through the jurisprudence of the African Commission and the African Court on Human Rights, at the sub-regional level including in sub-regional courts and tribunals, at the national levels through case studies and through the African Union governance institutions. Through this examination, the author unveils what are the prospects and challenges to the realisation of the RTD in Africa.
The Right to Die: V1 Definitions and Moral Perspectives: Death, Euthanasia, Suicide, and Living Wills, V2 Who Decides? Issues and Case Studies
by Melvin I. UrofskyFirst Published in 1996. The key issue in all right-to-die matters is “who decides?” Who will decide whether life support should be terminated? Who will decide if a person is competent to make life and death decisions? The law is quite clear that, in cases of conscious, competent adults, the individual is free to make all decisions relating to his or her care and future. This volume is a collection of writings and case studies around the topics of personal choice, AIDS and informed consent, due process and the right to die.
The Right to Die with Dignity: How Far Do Human Rights Extend? (European Union and its Neighbours in a Globalized World #6)
by Derya Nur Kayacan“Can I choose to die?” As the number of requests for euthanasia and physician-assisted suicide continues to rise, human rights law faces a new conflict: the right to die vs. the right to life… The right to die or, in other words, ‘the right to choose the time and manner of one’s own death’ is a question of personal autonomy and its limits. This book provides a comprehensive understanding of the right to die and sheds light on its possible future under the European Convention on Human Rights. After setting a clear framework by defining the key terminology, the book takes a two-part approach to achieving its aim. The first part focuses on the right to die in practice by examining selected jurisdictions. Switzerland, which is famous for its assisted suicide organizations, and the Netherlands, which was the first country to legalize euthanasia, are examined in detail. Belgium, Germany, the United Kingdom, and -as an exception to the Convention perspective - Canada are also included. While this examination offers a better understanding of what the right to die looks like in practice, it also provides insights on the slippery slope argument, which serves as a counterweight to personal autonomy, without making a definitive statement on its validity. This part also illustrates the different paths that led or did not lead to the right to die in practice. The second part is an analysis of the European Court of Human Rights case law on the right to die. The Court has made important statements in only very cases, while its caution when approaching such a delicate and controversial topic among its 47 members is understandably emphasized. This analysis of the Court’s approach to the balancing of personal autonomy against other interests allows us to take a look back at the practice in more permissive jurisdictions through the lens of the Convention. Taken together, the book’s two parts provide valuable lessons for countries that decide to practice assisted dying, which are outlined in the conclusion. In addition, given that a purely legal approach can only offer a partial picture, the book argues that an interdisciplinary approach would be much more favorable in terms of providing the necessary basis for the right to die debate.