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The Routledge Handbook on Extraterritorial Human Rights Obligations (Routledge International Handbooks)
by Mark Gibney Gamze Erdem Türkelli Markus Krajewski Wouter VandenholeThe Routledge Handbook on Extraterritorial Human Rights Obligations brings international scholarship on transnational human rights obligations into a comprehensive and wide-ranging volume. Each chapter combines a thorough analysis of a particular issue area and provides a forward-looking perspective of how extraterritorial human rights obligations (ETOs) might come to be more fully recognized, outlining shortcomings but also best state practices. It builds insights gained from state practice to identify gaps in the literature and points to future avenues of inquiry. The Handbook is organized into seven thematic parts: conceptualization and theoretical foundations; enforcement; migration and refugee protection; financial assistance and sanctions; finance, investment and trade; peace and security; and environment. Chapters summarize the cutting edge of current knowledge on key topics as leading experts critically reflect on ETOs, and, where appropriate, engage with the Maastricht Principles to critically evaluate their value 10 years after their adoption. The Routledge Handbook on Extraterritorial Human Rights Obligations is an authoritative and essential reference text for scholars and students of human rights and human rights law, and more broadly, of international law and international relations as well as to those working in international economic law, development studies, peace and conflict studies, environmental law and migration.
The Nonsense Factory: The Making and Breaking of the American Legal System
by Bruce Cannon GibneyA withering and witty examination of how the American legal system, burdened by complexity and untrammeled growth, fails Americans and threatens the rule of law itself, by the acclaimed author of A Generation of Sociopaths.Our trial courts conduct hardly any trials, our correctional systems do not correct, and the rise of mandated arbitration has ushered in a shadowy system of privatized "justice." Meanwhile, our legislators can't even follow their own rules for making rules, while the rule of law mutates into a perpetual state of emergency. The legal system is becoming an incomprehensible farce. How did this happen?In The Nonsense Factory, Bruce Cannon Gibney shows that over the past seventy years, the legal system has dangerously confused quantity with quality and might with legitimacy. As the law bloats into chaos, it staggers on only by excusing itself from the very commands it insists that we obey, leaving Americans at the mercy of arbitrary power. By examining the system as a whole, Gibney shows that the tragedies often portrayed as isolated mistakes or the work of bad actors -- police misconduct, prosecutorial overreach, and the outrages of imperial presidencies -- are really the inevitable consequences of law's descent into lawlessness.The first book to deliver a lucid, comprehensive overview of the entire legal system, from the grandeur of Constitutional theory to the squalid workings of Congress, The Nonsense Factory provides a deeply researched and witty examination of America's state of legal absurdity, concluding with sensible options for reform.
United Nations Peacekeeping and the Principle of Non-Intervention: A TWAIL Perspective
by Jennifer GiblinUsing a unique application of Third World Approaches to International Law (TWAIL), this book provides a critical, interdisciplinary, examination of the contemporary practice of UN peacekeeping.Is peacekeeping intervention? Since its conception in the mid-1950s, peacekeeping has significantly evolved from traditional, lightly armed, passive operations to robust, multi-dimensional stabilisation peacekeeping operations. This raises questions as to whether this is simply a natural evolution of peacekeeping or whether it marks an expansion of the concept beyond its boundaries, pushing it into the realm of peace enforcement or intervention. In response, this book examines the frameworks which govern UN peacekeeping and seeks to understand the relationship between peacekeeping and the principle of non-intervention. Providing practical examples from the United Nations’ operations in the Democratic Republic of the Congo and drawing upon interviews with key international actors including UN personnel, the book explores the boundaries of peacekeeping, contending that peacekeeping, at times, becomes a form of intervention. This, the book argues, is detrimental both to the concept of peacekeeping and to the host state, and it concludes by offering a series of recommendations to re-affirm peacekeeping’s boundaries and amplify the effectiveness of contemporary peacekeeping. This book will be of interest to scholars and students in international law, international relations, politics, history and criminology.
Why Has America Stopped Inventing
by Darin GibbyAmerica loves innovation and the can-do spirit that made this country what it is—a world leader in self-government, industry and technology, and pop culture. Everything about America has at one point or another been an experiment and a leap of faith. And one such experiment—upon which all others depend for success—is the U.S. Patent System. Why Has America Stopped Inventing? takes a close look at why this experiment appears to be failing, and why America has all but stopped inventing. Our belief that we are the most innovative people on earth is mistaken. Statistics show that today we invent less than half of what our counterparts did a century and a half ago. Look around: Where are the groundbreaking inventions comparable to those from the Industrial Revolution? It’s unforgivable that we’ve been using the same mode of transportation for over a century. Why are we giving a trillion dollars every year to hostile foreign nations for imported oil when we have the inventive talent in America to solve the nation’s energy crisis? We don’t have these desperately needed technologies because regular Americans have given up on inventing. Why Has America Stopped Inventing? explains why by comparing the experiences of America’s most successful 19th century inventors with those of today, showing Jefferson refusing to waste any more weekends examining patent applications, Whitney being robbed of his fortune while the South’s wealth exploded, the patent models that kept British soldiers from burning Washington’s last-standing federal building, the formation of Lincoln’s cabinet, and Selden crippling the entire U.S. Auto Industry. It also tells the story of the Wright brother’s airplane monopoly, the Colt revolver’s role in the Mexican American War, the Sewing Machine wars, the last six months of Daniel Webster’s life, and the fraudulently created Bell Empire.
Correlations in Rosenzweig and Levinas
by Robert GibbsRobert Gibbs radically revises standard interpretations of the two key figures of modern Jewish philosophy--Franz Rosenzweig, author of the monumental Star of Redemption, and Emmanuel Levinas, a major voice in contemporary intellectual life, who has inspired such thinkers as Derrida, Lyotard, Irigaray, and Blanchot. Rosenzweig and Levinas thought in relation to different philosophical schools and wrote in disparate styles. Their personal relations to Judaism and Christianity were markedly dissimilar. To Gibbs, however, the two thinkers possess basic affinities with each other. The book offers important insights into how philosophy is continually being altered by its encounter with other traditions.
Values of the University in a Time of Uncertainty
by Paul Gibbs Jill Jameson Alex ElwickThis deliberately wide-ranging book addresses issues related to trust, compassion, well-being, grace, dignity and integrity. It explores these within the context of higher education, giving existential and empirical accounts of how these moral duties can be expressed within the academy and why they ought to be. The chapters range from values used in the marketing and management of institutions to their realisation in therapeutic and teacher training spaces. The book opens with a specific introduction which positions the work and outlines the context of duties and obligations at play. This is followed by two distinct but related sections including chapters on theoretical issues, organisational practices and personal praxis. The first part is more abstract and theoretical, the second locates the values discussed within the practices of the university. In doing so the book encompasses a wide range of issues from multi-disciplinary and geo-political regions. The authors are a mixture of world-leading authorities on values in higher education and earlier career researchers, who are nonetheless equally passionate contributors. This mix gives the book vibrancy and offers insight which appeals to both an academic and managerial readership.
A Theory About Control
by Jack P. GibbsMoving beyond his 1989 book, Control: Sociology's Central Notion, Jack Gibbs develops in this new book a comprehensive theory of control in all its biological, technological, and human dimensions. His treatment goes beyond conventional ideas about social control to show why self-control and proximate control are essential to understanding human interaction. He also argues that thinking of control in terms of the counteraction of deviance is insufficient. Tests of Gibbs's control theory, based on data from sixty-six countries, add credence to his claim that control could be the central notion for sociology and perhaps for other social sciences.
Constitutional Life and Europe's Area of Freedom, Security and Justice (Applied Legal Philosophy)
by Alun Howard GibbsThe challenge of thinking about the place of constitutionalism beyond the conventional categories of the nation state has become a principal concern for legal and political scholars. This book casts this issue in a different light by exploring the implications for the constitutionalism of legal integration in the European Union's 'area of freedom, security and justice'. In doing so it makes a novel contribution to an understanding of the European Union as a political community beyond the state, but in addition explores how this entails thinking differently about what is essential concerning constitutionalism. The book argues that instead of seeking to theorise constitutional foundations we actually begin to encounter the constitutional life implied by political and legal practices in the European Union and as exemplified here by 'the area of freedom, security and justice'.
Integrity and Historical Research (Routledge Approaches to History)
by Tony Gibbons Emily SutherlandThere have been serious debates between historians, novelists and filmmakers as to how best present historical narratives. When writers and filmmakers talk of using historical research with integrity, what exactly do they mean? Integrity and Historical Research examines this question in detail. The first chapter discusses the concept of integrity. The chapters that follow reflect on this philosophical treatment in the light of fiction and film that deals with history in a number of ways. How should writers and filmmakers use lives? Can, and may, people who are now dead and who may have lived long ago, be defamed? The authors include academics, historians, social historians, medievalists, oral historians, literary theorists, historical novelists and script writers. They examine the theoretical influences and practical choices that involve and concern writers and filmmakers who rely on historical research. The desire to be accurate may often conflict with the need to produce a work that goes beyond the mere depiction of events in order to excite the interest of readers and to hold that interest. At the same time there is a developing emphasis on historians, to write well in clear, accessible prose, which may involve using the novelists’ techniques. How much license may be given to writers of fiction and filmmakers in their depiction of historical characters and events? This book begins to answer this question, while inviting further discussion.
Free Speech in the New Media (Library of Essays in Media Law)
by Thomas GibbonsThis volume deals with questions of political and constitutional principle and theory that affect the law and regulation of content in new media that are based on digital technology. In the light of convergence between different forms of communication, it examines whether the justifications for government intervention in traditional analogue broadcasting and programme delivery continue to be persuasive. The essays examine in general whether new approaches to freedom of expression are required in the digital era and whether there is a continued role for public service broadcasting or its equivalent. They also explore content standards in more detail, discussing arguments for and against regulation in the areas of beliefs, indecency and advertising and whether there is a case for the European Union's measures to secure "Television without Frontiers".
Legal Education as a Subversive Activity (Emerging Legal Education)
by Helen Gibbon Ben Golder Lucas Lixinski Marina Nehme Prue VinesIn an age when everyone aspires to teach critical thinking skills in the classroom, what does it mean to be a subversive law teacher? Who or what might a subversive law teacher seek to subvert – the authority of the law, the university, their own authority as teachers, perhaps? Are law students ripe for subversion, agents of, or impediments to, subversion? Do they learn to ask critical questions? Responding to the provocation in the classic book Teaching as a Subversive Activity, by Postman and Weingartner, the idea that teaching could, or even should, be subversive still holds true today, and its premise is particularly relevant in the context of legal education. We therefore draw on this classic book to discuss, in the present volume, the consideration of research into legal education as lifetime learning, as creating meaning, as transformative and as developing world-changing thinking within the legal context. The volume offers research into classroom experiences and theoretical and historical interrogations of what it means to teach law subversively. Primarily aimed at legal educators and doctoral students in law planning careers as academics, its insights speak directly to tensions in higher education more broadly.
Thinking How to Live
by Allan GibbardPhilosophers have long suspected that thought and discourse about what we ought to do differ in some fundamental way from statements about what is. But the difference has proved elusive, in part because the two kinds of statement look alike. Focusing on judgments that express decisions—judgments about what is to be done, all things considered—Allan Gibbard offers a compelling argument for reconsidering, and reconfiguring, the distinctions between normative and descriptive discourse—between questions of "ought" and "is." Gibbard considers how our actions, and our realities, emerge from the thousands of questions and decisions we form for ourselves. The result is a book that investigates the very nature of the questions we ask ourselves when we ask how we should live, and that clarifies the concept of "ought" by understanding the patterns of normative concepts involved in beliefs and decisions. An original and elegant work of metaethics, this book brings a new clarity and rigor to the discussion of these tangled issues, and will significantly alter the long-standing debate over "objectivity" and "factuality" in ethics.
Wise Choices, Apt Feelings: A Theory of Normative Judgment
by Allan GibbardThis book examines some of the deepest questions in philosophy: What is involved in judging a belief, action, or feeling to be rational? What place does morality have in the kind of life it makes most sense to lead? How are to understand claims to objectivity in moral judgments and in judgments of rationality? When we find ourselves in fundamental disagreement with whole communities, how can we understand out disagreement and cope with it? To shed light on such issues, Alan Gibbard develops what he calls a "norm-expressivstic analysis" of rationality. He refines this analysis by drawing on evolutionary theory and experimental psychology, as well as on more traditional moral and political philosophy. What emerges is an interpretation of human normative life, with its quandaries and disputes over what is rational and irrational, morally right and morally wrong. Judgments of what it makes sense to do, to think, and to feel, Gibbard argues, are central to shaping the way we live our lives. Gibbard does not hesitate to take up a wide variety of possible difficulties for his analysis. This sensitivity to the true complexity of the subject matter gives his treatment a special richness and depth. The fundamental importance of the issues he addresses and the freshness and suggestiveness of the account he puts forward, along with his illuminating treatment of aspects of sociobiology theory, will ensure this book a warm reception from philosophers, social scientists, and others with a series interest in the nature of human thought and action.
How Algorithms Create and Prevent Fake News: Exploring the Impacts of Social Media, Deepfakes, GPT-3, and More
by Noah GiansiracusaFrom deepfakes to GPT-3, deep learning is now powering a new assault on our ability to tell what’s real and what’s not, bringing a whole new algorithmic side to fake news. On the other hand, remarkable methods are being developed to help automate fact-checking and the detection of fake news and doctored media. Success in the modern business world requires you to understand these algorithmic currents, and to recognize the strengths, limits, and impacts of deep learning---especially when it comes to discerning the truth and differentiating fact from fiction. This book tells the stories of this algorithmic battle for the truth and how it impacts individuals and society at large. In doing so, it weaves together the human stories and what’s at stake here, a simplified technical background on how these algorithms work, and an accessible survey of the research literature exploring these various topics. How Algorithms Create and Prevent Fake News is an accessible, broad account of the various ways that data-driven algorithms have been distorting reality and rendering the truth harder to grasp. From news aggregators to Google searches to YouTube recommendations to Facebook news feeds, the way we obtain information today is filtered through the lens of tech giant algorithms. The way data is collected, labelled, and stored has a big impact on the machine learning algorithms that are trained on it, and this is a main source of algorithmic bias – which gets amplified in harmful data feedback loops. Don’t be afraid: with this book you’ll see the remedies and technical solutions that are being applied to oppose these harmful trends. There is hope.What You Will LearnThe ways that data labeling and storage impact machine learning and how feedback loops can occurThe history and inner-workings of YouTube’s recommendation algorithmThe state-of-the-art capabilities of AI-powered text generation (GPT-3) and video synthesis/doctoring (deepfakes) and how these technologies have been used so farThe algorithmic tools available to help with automated fact-checking and truth-detectionWho This Book is ForPeople who don’t have a technical background (in data, computers, etc.) but who would like to learn how algorithms impact society; business leaders who want to know the powers and perils of relying on artificial intelligence. A secondary audience is people with a technical background who want to explore the larger social and societal impact of their work.
Responsible Research and Innovation: From Concepts to Practices (Routledge Studies in Innovation, Organizations and Technology)
by Robert Gianni John Pearson Bernard ReberResponsible Research and Innovation provides a comprehensive and impartial overview of the European Commission’s Responsible Research and Innovation (RRI) framework, including discussion of both the meaning and aims of the concept, and of its practical application. As a governance framework for research and innovation, RRI involves four key perspectives: ethical, economic/business, legal and governance and political. The book is organised into chapters covering these different dimensions. The authors provide different viewpoints on these aspects, in order to offer guidance from experts in the field, while at the same time acknowledging the interpretative openness of the RRI frameworks.
Responsibility and Freedom: The Ethical Realm of RRI
by Robert GianniResponsible Research and Innovation appears as a paradoxical frame, hard to conceptualize and difficult to apply. If on the one hand research and innovation appear to follow logics blind to societal issues, responsibility is still a blurred concept interpreted according to circumstances. Different perspectives are implied in the RRI discourse rendering difficult also its application, because each social dimension proposes a different path for its implementation. This book will try to indicate how such conflictual understanding of RRI is caused by a reductive interpretation of ethics and, consequently, of responsibility. The resulting framework will represent an ethical approach to RRI that could help in overcoming conflictual perspectives and construct a multi-layer approach to research and innovation.
Understanding Evidence
by Paul GiannelliThis book is written for students in evidence and trial practice courses. The focus is on the Federal Rules of Evidence, which have been adopted in one form or another in over forty jurisdictions. Since the last edition, the Supreme Court adopted a number of amendments to the Federal Rules of Evidence. The major ones deal with hearsay issues relating to prior consistent statements and ancient documents. Another amendment concerns the self-authentication of electronic records. In addition, the Supreme Court further defined the parameters of the approach to Confrontation Clause jurisprudence that it embarked on in Crawford v. Washington. The new case is Ohio v. Clark (2015). Moreover, in Pena-Rodriguez v. Colorado (2017), the Supreme Court carved out an exception to Rule 606 based on constitutional grounds: " [W]here a juror makes a clear statement that indicates he or she relied on racial stereotypes or animus to convict a criminal defendant, the Sixth Amendment requires that the no-impeachment rule give way in order to permit the trial court to consider the evidence of the juror's statement and any resulting denial of the jury trial guarantee." In 45 years of teaching, one's debt to past scholars is immense. Morgan, Wignore, McCormick, Ladd, and Maguire immediately come to mind. The debt is no less to current scholars: Weinstein, Berger, Inwinkelried, Broun, Mosteller, Nance, Park, Mueller, Kirk-patrick, Ken Graham, and Michael Graham, to name but a few.
Understanding Evidence
by Paul GiannelliThis Understanding treatise presents the essential topics in evidence law cogently and concisely. While it was written primarily for students in Evidence and Trial Practice courses, the Key Points summary at the end of each chapter and the inclusion of the current Federal Rules of Evidence in an appendix make this treatise an excellent reference for busy attorneys. Understanding Evidence begins with an overview of Evidence law followed by an explanation of the roles of the judge and jury. The remaining chapters are organized under the following topics:Procedural Framework of Trial Relevancy Witnesses Real and Demonstrative Evidence Writings Hearsay Privileges Substitutes for Evidence. This treatise extensively discusses and cites the Federal Rules of Evidence. Cases, statutes, other rules, and secondary sources are also cited, providing a comprehensive framework for understanding evidence law.
Manifestations of Coherence and Investor-State Arbitration
by Charalampos GiannakopoulosCoherence is highly valued in law. It is especially sought after in investor-state dispute settlement, where charges of incoherence in arbitral awards have long been raised by states and scholars. Yet coherence is a largely underexplored notion in international law. Often, it is treated as a mere ideal to strive towards or simply as a different way to describe the legal consistency of judicial outcomes. This book takes a different approach. It sees coherence as an independent concept having two dimensions: a substantive and a methodological one. Both are critically important for legal reasoning by international courts and tribunals, including by investor-state tribunals, and the book illustrates through several case studies some of the ways this conclusion is borne out in practice. A fuller understanding of coherence in international law has implications for our understanding of the concept of law, the practice of legal reasoning, and judicial professional ethics.
Contemporary Australian Business Law
by Mark Giancaspro Gabrielle Golding Beth Nosworthy David Brown Jessica Viven-Wilksch Alexandra Wawryk Sylvia Villios Paula ZitoAustralian businesses operate within a complex legal environment, so it's important students and professionals understand their legal obligations. Contemporary Australian Business Law is an authoritative text that makes key legal concepts accessible to business students, while maintaining academic rigour. Written for business students new to studying business law, this text introduces the fundamental legal topics encountered in business, including contracts, business structures, taxation, property and employment. Discussion in each chapter strikes a balance between accessibility and detail to assist understanding of these complex legal issues. A hypothetical scenario running through each chapter scaffolds learning and provides relevant real-world examples of the law in practice. Each chapter includes margin definitions, case boxes that guide students through landmark business law cases, and practice problems that test students' ability to apply their knowledge to realistic situations. Written by experts, Contemporary Australian Business Law is an essential introduction to the Australian legal system for business students.
Penal Abolitionism and Transformative Justice in Brazil (Routledge Frontiers of Criminal Justice)
by Andre R. GiamberardinoPenal Abolitionism and Transformative Justice in Brazil discusses how penal abolitionism provides fundamental theoretical bases and practical references for the construction of a transformative justice in Brazil, supporting the claim that justice is a socially constructed conception and that victims do not unanimously stand for punishment. The book explores how the active participation of the protagonists of a conflict in a face-to-face negotiation of symbolic reparation, can produce a sense of justice without the need to punish or impose suffering on anyone. Mapping the ways that restorative justice in Brazil has distanced itself from the potential of transformative justice, to the extent that it fails to politicize the conflict and give voice to victims, the book shows how it has resulted in becoming just a new version of penal alternatives with correctionalist content. Moving away from traditional criminal justice language and also from conservative approaches to restorative justice, the author argues that the communicative potential of the transformative kind of redress can be dissociated from the unproved assumption that legal punishment is essential or even likely to achieve justice or deterrence. The arguments are grounded in the Brazilian reality, where life is marked by deep social inequalities and a high level of police violence. By providing a review of the literature on restorative justice, transformative justice, and abolitionism, the book contextualizes the abolitionist debate in Brazil and its history in the 19th century. Penal Abolitionism and Transformative Justice in Brazil is important reading for students and scholars who study punishment and penal abolitionism, to think about what it is possible to do in societies so deeply marked by social injustice and a history of oppression.
Indigenous Peoples and Climate Justice: A Critical Analysis of International Human Rights Law and Governance (Energy, Climate and the Environment)
by Giada GiacominiThis book provides a new interpretation of international law specifically dedicated to Indigenous peoples in the context of a climate justice approach. The book presents a critical analysis of past and current developments at the intersection of human rights and international environmental law and governance. The book suggests new ways forward and demonstrates the need for a paradigmatic shift that would enhance the meaningful participation of Indigenous peoples as fundamental actors in the conservation of biodiversity and in the fight against climate change. The book offers guidance on a number of critical intersecting and interdependent issues at the forefront of climate change law and policy – inside and outside of the UN climate change regime. The author suggests that the adoption of a critical perspective on international law is needed in order to highlight inherent structural and systemic issues of the international law regime which are all issues that ultimately impede the pursue of climate justice for Indigenous peoples.
Law and Practice of Foreign Arbitration and Enforcement of Foreign Arbitral Awards in Pakistan
by Ahmad Ali GhouriPakistan has recently reformed its arbitration laws and laws on the recognition and enforcement of foreign arbitration agreements and awards. These reforms relate to both international commercial and investment arbitration. This book highlights the changes brought about by the recent enactments and explains the relationships between the old and new legislation. It provides a detailed and up-to-date analysis of Pakistani case law on foreign arbitration agreements and awards. Part I describes the background of arbitration laws in Pakistan. Part II explains the applicable substantive and procedural rules for the recognition and enforcement of foreign arbitration agreements and awards and other important issues, such as the severability of arbitration clauses from main agreements, questions of public policy, and interim measures supporting foreign arbitration. Part III analyses the recent enactments that implement the New York and the ICSID Conventions in Pakistan.
Cybercrimes: A Multidisciplinary Analysis
by Sumit Ghosh Elliot TurriniDesigned to serve as a reference work for practitioners, academics, and scholars worldwide, this book is the first of its kind to explain complex cybercrimes from the perspectives of multiple disciplines (computer science, law, economics, psychology, etc.) and scientifically analyze their impact on individuals, society, and nations holistically and comprehensively. In particular, the book shows: How multiple disciplines concurrently bring out the complex, subtle, and elusive nature of cybercrimes How cybercrimes will affect every human endeavor, at the level of individuals, societies, and nations How to legislate proactive cyberlaws, building on a fundamental grasp of computers and networking, and stop reacting to every new cyberattack How conventional laws and traditional thinking fall short in protecting us from cybercrimes How we may be able to transform the destructive potential of cybercrimes into amazing innovations in cyberspace that can lead to explosive technological growth and prosperity
Biology of Forensically Important Invertebrates
by Shyamasree Ghosh Dhriti BanerjeeThis book emphasizes the important role of invertebrates in forensic sciences in the detection of crimes, determining the time and place of death, estimating the minimum Post-Mortem Interval (PMI), and determining the cause of death. The initial chapter discusses the forensically essential invertebrates, especially flies under Order Diptera. Further, the book highlights the importance, biology, taxonomy, and biodiversity of flies under Order Diptera with forensic importance. It also discusses the Cuticular HydroCarbons (CHC) and spectrometry-based studies reported from flies and larvae of forensic importance. It further reviews the importance of DNA barcoding in molecular taxonomy-based studies on forensic flies through understanding, identification, and grouping the organisms. Towards the end, this book presents the applications and limitations of forensic entomology in cases of animal cruelty to a veterinary professional.