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The fields of tort and crime have much in common in practice, particularly in how they both try to respond to wrongs and regulate future behaviour. Despite this commonality in fact, fascinating difficulties have hitherto not been resolved about how legal systems co-ordinate (or leave wild) the border between tort and crime. What is the purpose of tort law and criminal law, and how do you tell the difference between them? Do criminal lawyers and civil lawyers reason and argue in the same way? Are the rules on capacity, consent, fault, causation, secondary liability or defences the same in tort as in crime? How do the rules of procedure operate for each area? Are there points of overlap? When, how and why do tort and crime interact? This volume systematically answers these and other questions for eight legal systems: England, France, Germany, Sweden, Spain, Scotland, the Netherlands and Australia.
This book is a history of the Cold War in Mexico and Mexico in the Cold War. Renata Keller draws on declassified Mexican and US intelligence sources and Cuban diplomatic records to challenge earlier interpretations that depicted Mexico as a peaceful haven and a weak neighbor forced to submit to US pressure. Mexico did in fact suffer from the political and social turbulence that characterized the Cold War era in general, and by maintaining relations with Cuba it played a unique, and heretofore overlooked, role in the hemispheric Cold War. The Cuban Revolution was an especially destabilizing force in Mexico because Fidel Castro's dedication to many of the same nationalist and populist causes that the Mexican revolutionaries had originally pursued in the early twentieth century called attention to the fact that the government had abandoned those promises. A dynamic combination of domestic and international pressures thus initiated Mexico's Cold War and shaped its distinct evolution and outcomes.
In this innovative and engaging study, Mire Koikari recasts the US occupation of Okinawa as a startling example of Cold War cultural interaction in which women's grassroots activities involving homes and homemaking played a pivotal role in reshaping the contours of US and Japanese imperialisms. Drawing on insights from studies of gender, Asia, America and postcolonialism, Koikari analyzes how the occupation sparked domestic education movements in Okinawa, mobilizing an assortment of women - home economists, military wives, club women, university students and homemakers - from the US, Okinawa and mainland Japan. These women went on to pursue a series of activities to promote 'modern domesticity' and build 'multicultural friendship' amidst intense militarization on the islands. As these women took their commitment to domesticity and multiculturalism onto the larger terrain of the Pacific, they came to articulate the complex intertwinement of gender, race, domesticity, empire and transnationality that existed during the Cold War.
On the night of Sunday, October 16, 1859, hoping to bring about the eventual end of slavery, radical abolitionist John Brown launched an armed attack at Harpers Ferry, Virginia. Among his troops, there were only five black men, who have largely been treated as little more than 'spear carriers' by Brown's many biographers and other historians of the antebellum era. This book brings one such man, John Anthony Copeland, directly to center stage. Copeland played a leading role in the momentous Oberlin slave rescue, and he successfully escorted a fugitive to Canada, making him an ideal recruit for Brown's invasion of Virginia. He fought bravely at Harpers Ferry, only to be captured and charged with murder and treason. With his trademark lively prose and compelling narrative style, Steven Lubet paints a vivid portrait of this young black man who gave his life for freedom.
This is a major new study of the successor states that emerged in the wake of the collapse of the great Russian, Habsburg, Iranian, Ottoman and Qing Empires and of the expansionist powers who renewed their struggle over the Eurasian borderlands through to the end of the Second World War. Surveying the great power rivalry between the Soviet Union, Nazi Germany and Imperial Japan for control over the Western and Far Eastern boundaries of Eurasia, Alfred J. Rieber provides a new framework for understanding the evolution of Soviet policy from the Revolution through to the beginning of the Cold War. Paying particular attention to the Soviet Union, the book charts how these powers adopted similar methods to the old ruling elites to expand and consolidate their conquests, ranging from colonisation and deportation to forced assimilation, but applied them with a force that far surpassed the practices of their imperial predecessors.
This book traces the spread of a global anti-imperialism from the vantage point of Paris between the two World Wars, where countless future leaders of Third World countries spent formative stints. Exploring the local social context in which these emergent activists moved, the study delves into assassination plots allegedly hatched by Chinese students, demonstrations by Latin American nationalists, and the everyday lives of Algerian, Senegalese and Vietnamese workers. On the basis of police reports and other primary sources, the book foregrounds the role of migration and interaction as driving forces enabling challenges to the imperial world order, weaving together the stories of peoples of three continents. Drawing on the scholarship of twentieth-century imperial, international and global history as well as migration, race and ethnicity in France, it ultimately proposes a new understanding of the roots of the Third World idea.
In the United States of America today, debates among, between, and within Indian nations continue to focus on how to determine and define the boundaries of Indian ethnic identity and tribal citizenship. From the 1880s and into the 1930s, many Native people participated in similar debates as they confronted white cultural expectations regarding what it meant to be an Indian in modern American society. Using close readings of texts, images, and public performances, this book examines the literary output of four influential American Indian intellectuals who challenged long-held conceptions of Indian identity at the turn of the twentieth century. Kiara M. Vigil traces how the narrative discourses created by these figures spurred wider discussions about citizenship, race, and modernity in the United States. Vigil demonstrates how these figures deployed aspects of Native American cultural practice to authenticate their status both as indigenous peoples and as citizens of the United States.
Parental Psychiatric Disorder presents an innovative approach to thinking about and working with families where a parent has a mental illness. With 30 new chapters from an internationally renowned author team, this new edition presents the current state of knowledge in this critically important field. Issues around prevalence, stigma and systems theory provide a foundation for the book, which offers new paradigms for understanding mental illness in families. The impact of various parental psychiatric disorders on children and family relationships are summarized, including coverage of schizophrenia, depression, anxiety, substance abuse disorders, eating disorders, personality disorders and trauma. Multiple innovative interventions are outlined, targeting children, parents and families, as well as strategies that foster workforce and organisational development. Incorporating different theoretical frameworks, the book enhances understanding of the dimensions of psychiatric disorders from a multigenerational perspective, making this an invaluable text for students, researchers and clinicians from many mental health disciplines.
This edited volume, showcasing cutting-edge research, addresses two primary questions - what are the main drivers of change in high-mountains and what are the risks implied by these changes? From a physical perspective, it examines the complex interplay between climate and the high-mountain cryosphere, with further chapters covering tectonics, volcano-ice interactions, hydrology, slope stability, erosion, ecosystems, and glacier- and snow-related hazards. Societal dimensions, both global and local, of high-mountain cryospheric change are also explored. The book offers unique perspectives on high-mountain cultures, livelihoods, governance and natural resources management, focusing on how global change influences societies and how people respond to climate-induced cryospheric changes. An invaluable reference for researchers and professionals in cryospheric science, geomorphology, climatology, environmental studies and human geography, this volume will also be of interest to practitioners working in global change and risk, including NGOs and policy advisors.
Practical Ambulatory Anesthesia covers all aspects of sedation, anesthesia, and pain relief for patients undergoing day (ambulatory) surgery. Written and edited by leading clinical anesthesiologists from the USA and Europe, it provides clear guidance on how to handle particular patients in particular situations. Comprehensive in scope, each chapter summarizes major studies and review papers, followed by practical advice based on the authors' and editors' clinical and scientific expertise. This combination of authoritative evidence-based guidance and personal advice ensures the reader benefits from the latest scientific knowledge and the authors' wealth of experience. Chapters discuss how to plan, equip and staff an ambulatory unit, pharmacology, key concepts of ambulatory care, pre- and post-operative issues, quality assurance, and current controversies. There are also dedicated chapters for topics including regional anesthesia for ambulatory surgery and pediatric ambulatory anesthesia. This text provides a much-needed comprehensive and evidence-based guide for clinical anesthesiologists.
Providing unrivalled coverage of one of the most high-profile stages in the criminal justice process, this book examines the key issues in sentencing policy and practice. It provides an up-to-date account of the legislation on sentencing together with the ever-increasing amount of Court of Appeal case law. The law in relation to elements of the wider criminal justice system is examined, including the prison and probation services. The aim of the book is to examine English sentencing law in its context, drawing not only upon legislation and the decisions of the courts but also upon the findings of research and on theoretical justifications for punishment. This new edition has been extensively revised to integrate the new laws introduced by the Criminal Justice Act 2003, which has brought sweeping reforms into English sentencing.
The unprecedented degradation of the planet's vital ecosystems is among the most pressing issues confronting the international community. Despite the proliferation of legal instruments to combat environmental problems, conflicts between rich and poor nations (the North-South divide) have compromised international environmental law, leading to deadlocks in environmental treaty negotiations and noncompliance with existing agreements. This volume examines both the historical origins of the North-South divide in European colonialism as well as its contemporary manifestations in a range of issues including food justice, energy justice, indigenous rights, trade, investment, extractive industries, human rights, land grabs, hazardous waste, and climate change. Born out of the recognition that global inequality and profligate consumerism present threats to a sustainable planet, this book makes a unique contribution to international environmental law by emphasizing the priorities and perspectives of the global South.
Despite the nuclear accident at the Fukushima Daiichi plant in Japan, a growing number of countries are interested in expanding or introducing nuclear energy. However, nuclear energy production and nuclear waste disposal give rise to pressing ethical questions that society needs to face. This book takes up this challenge with essays by an international team of scholars focusing on the key issues of risk, justice, and democracy. The essays consider a range of ethical issues, including radiological protection, the influence of gender in the acceptability of nuclear risk, and environmental, international, and intergenerational justice in the context of nuclear energy. They also address the question of when, and under which conditions, nuclear energy should play a role in the world's future supply of electricity, looking at both developing and industrialized countries. The book will interest readers in ethics and political philosophy, social and political sciences, nuclear engineering, and policy studies.
This book provides the most comprehensive theological analysis to date of the work of early Quaker leaders. Spanning the first seventy years of the Quaker movement to the beginning of its formalization, Early Quakers and their Theological Thought examines in depth the lives and writings of sixteen prominent figures. These include not only recognized authors such as George Fox, William Penn, Margaret Fell and Robert Barclay, but also lesser-known ones who nevertheless played equally important roles in the development of Quakerism. Each chapter draws out the key theological emphases of its subject, offering fresh insights into what the early Quakers were really saying and illustrating the variety and constancy of the Quaker message in the seventeenth century. This cutting-edge volume incorporates a wealth of primary sources to fill a significant gap in the existing literature, and it will benefit both students and scholars in Quaker studies.
Are national legal cultures in Europe converging or diverging as a result of the pressures of European legal integration? Åse B. Grødeland and William L. Miller address this question by exploring the attitudes and perceptions of the general public and law professionals in five European countries: England, Norway, Bulgaria, Poland and the Ukraine. Presenting new findings, they challenge the established view that ordinary citizens and people working professionally with the law have different legal cultures. Their research in fact reveals that the attitudes of citizens in Eastern and Western Europe towards 'law-in-principle' are remarkably similar, whereas perceptions of 'law-in-practice' differ by country and often correlate with GDP per capita and country ranking in rule of law indices. Grødeland and Miller's innovative methodological approach will appeal to both experts and non-experts with an interest in legal culture, European integration, or European elite and public opinion.
Private companies exert considerable control over the flow of information on the internet. Whether users are finding information with a search engine, communicating on a social networking site or accessing the internet through an ISP, access to participation can be blocked, channelled, edited or personalised. Such gatekeepers are powerful forces in facilitating or hindering freedom of expression online. This is problematic for a human rights system which has historically treated human rights as a government responsibility, and this is compounded by the largely light-touch regulatory approach to the internet in the west. Regulating Speech in Cyberspace explores how these gatekeepers operate at the intersection of three fields of study: regulation (more broadly, law), corporate social responsibility and human rights. It proposes an alternative corporate governance model for speech regulation, one that acts as a template for the increasingly common use of non-state-based models of governance for human rights.
Paradigmatic gaps ('missing' inflected forms) have traditionally been considered to be the random detritus of a language's history and marginal exceptions to the normal functioning of its inflectional system. Arguing that this is a misperception, Inflectional Defectiveness demonstrates that paradigmatic gaps are in fact normal and expected products of inflectional structure. Sims offers an accessible exploration of how and why inflectional defectiveness arises, why it persists, and how it is learned. The book presents a theory of morphology which is rooted in the implicative structure of the paradigm. This systematic exploration of the topic also addresses questions of inflection class organization, the morphology-syntax interface, the structure of the lexicon, and the nature of productivity. Presenting a novel synthesis of established research and new empirical data, this work is significant for researchers and graduate students in all fields of linguistics.
For much of the twentieth century, the intellectual life of the Ottoman and Arabic-Islamic world in the seventeenth century was ignored or mischaracterized by historians. Ottomanists typically saw the seventeenth century as marking the end of Ottoman cultural florescence, while modern Arab nationalist historians tended to see it as yet another century of intellectual darkness under Ottoman rule. This book is the first sustained effort at investigating some of the intellectual currents among Ottoman and North African scholars of the early modern period. Examining the intellectual production of the ranks of learned ulema (scholars) through close readings of various treatises, commentaries, and marginalia, Khaled El-Rouayheb argues for a more textured - and text-centered - understanding of the vibrant exchange of ideas and transmission of knowledge across a vast expanse of Ottoman-controlled territory.
One of the most important developments in world politics in the last decade has been the spread of the idea that state sovereignty comes with responsibilities as well as privileges, and that there exists a global responsibility to protect people threatened by mass atrocities. The principle of the Responsibility to Protect is an acknowledgment by all who live in zones of safety of a duty of care towards those in zones of danger. Thakur and Maley argue that this principle has not been discussed sufficiently in the context of international and political theory, in particular the nature and foundations of political and international order and the strength and legitimacy of the state. The book brings together a range of authors to discuss the different ways in which the Responsibility to Protect can be theorised, using case studies to locate the idea within wider traditions of moral responsibilities in international relations.
The words 'rebellion' and 'revolution' have gained renewed prominence in the vocabulary of world politics and so has the question of justifiable armed 'resistance'. In this book Christopher J. Finlay extends just war theory to provide a rigorous and systematic account of the right to resist oppression and of the forms of armed force it can justify. He specifies the circumstances in which rebels have the right to claim recognition as legitimate actors in revolutionary wars against domestic tyranny and injustice and wars of liberation against wrongful foreign occupation and colonialism. Arguing that violence is permissible only in a narrow range of cases, Finlay shows that the rules of engagement vary during and between different conflicts and explores the potential for irregular tactics to become justifiable, such as non-uniformed guerrillas and civilian disguise, the assassination of political leaders and regime officials, and the waging of terrorist war against civilian targets.
Taking a comparative approach, this textbook is a concise introduction to race. Illustrated with detailed examples from around the world, it is organised into two parts. Part One explores the historical changes in ideas about race from the ancient world to the present day, in different corners of the globe. Part Two outlines ways in which racial difference and inequality are perceived and enacted in selected regions of the world. Examining how humans have used ideas of physical appearance, heredity and behaviour as criteria for categorising others, the text guides students through provocative questions such as: what is race? Does studying race reinforce racism? Does a colour-blind approach dismantle, or merely mask, racism? How does biology feed into concepts of race? Numerous case studies, photos, figures and tables help students to appreciate the different meanings of race in varied contexts, and end-of-chapter research tasks provide further support for student learning.
John Clare (1793-1864) has long been recognized as one of England's foremost poets of nature, landscape and rural life. Scholars and general readers alike regard his tremendous creative output as a testament to a probing and powerful intellect. Clare was that rare amalgam - a poet who wrote from a working-class, impoverished background, who was steeped in folk and ballad culture, and who yet, against all social expectations and prejudices, read and wrote himself into a grand literary tradition. All the while he maintained a determined sense of his own commitments to the poor, to natural history and to the local. Through the diverse approaches of ten scholars, this collection shows how Clare's many angles of critical vision illuminate current understandings of environmental ethics, aesthetics, Romantic and Victorian literary history, and the nature of work.
An innovative history of the politics and practice of the Caribbean spiritual healing techniques known as obeah and their place in everyday life in the region. Spanning two centuries, the book results from extensive research on the development and implementation of anti-obeah legislation. It includes analysis of hundreds of prosecutions for obeah, and an account of the complex and multiple political meanings of obeah in Caribbean societies. Diana Paton moves beyond attempts to define and describe what obeah was, instead showing the political imperatives that often drove interpretations and discussions of it. She shows that representations of obeah were entangled with key moments in Caribbean history, from eighteenth-century slave rebellions to the formation of new nations after independence. Obeah was at the same time a crucial symbol of the Caribbean's alleged lack of modernity, a site of fear and anxiety, and a thoroughly modern and transnational practice of healing itself.
The religious refugee first emerged as a mass phenomenon in the late fifteenth century. Over the following two and a half centuries, millions of Jews, Muslims, and Christians were forced from their homes and into temporary or permanent exile. Their migrations across Europe and around the globe shaped the early modern world and profoundly affected literature, art, and culture. Economic and political factors drove many expulsions, but religion was the factor most commonly used to justify them. This was also the period of religious revival known as the Reformation. This book explores how reformers' ambitions to purify individuals and society fueled movements to purge ideas, objects, and people considered religiously alien or spiritually contagious. It aims to explain religious ideas and movements of the Reformation in nontechnical and comparative language.
In the early nineteenth century over forty operas by foreign composers, including Mozart, Rossini, Weber and Bellini, were adapted for London playhouses, often appearing in drastically altered form. Such changes have been denigrated as 'mutilations'. The operas were translated into English, fitted with spoken dialogue, divested of much of their music, augmented with interpolations and frequently set to altered libretti. By the end of the period, the radical changes of earlier adaptations gave way to more faithful versions. In the first comprehensive study of these adaptations, Christina Fuhrmann shows how integral they are to our understanding of early nineteenth-century opera and the transformation of London's theatrical and musical life. This book reveals how these operas accelerated repertoire shifts in the London theatrical world, fostered significant changes in musical taste, revealed the ambiguities and inadequacies of copyright law and sparked intense debate about fidelity to the original work.
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