法　学 — 全 下位分類

This book develops a timely analysis of the complex trends and transformations emerging in EU competition law in the current turbulent times.

Repeated economic crises, the climate emergency, digitalisation, and geopolitical and democratic threats are all having profound societal and economic effects on the EU. In light of its fundamental role in the Treaties, EU competition law has been called upon to play an important role in responding to this state of 'turbulence'. This brings about significant governance and constitutional challenges, firstly by questioning how the governance of EU competition law is being transformed to respond and adapt. Secondly, these crisis-induced transformations probe the logic and constitutional limits of EU competition law within the framework of EU law.

This collection brings together EU institutional and competition lawyers to reflect on the governance and constitutional challenges emerging from the post-modernisation evolution of EU competition law against the backdrop of the recent multiple crises in the EU. The essays focus on the substantive and procedural developments across the three main policy areas of EU competition law: antitrust, merger control and State aid. EU constitutional and competition lawyers will be interested in this important new collection.

Sexual Offences Against Children in India examines the evolution of the law pertaining to sexual violence against children, the judicial decisions since the inception of the POCSO Act till date with respect to aspects of the POCSO Act and the best practices from other developed jurisdictions for handling cases and victims of child abuse.

Despite being prevalent, violence against children is often hidden or underreported, though its impact is widely acknowledged. In a country like India the vocabulary to communicate around sexuality and sexual abuse is almost non-existent. India has seen its journey from having no law on sexual abuse of children to having a "special" law in the form of the Protection of Children against Sexual Offences Act 2012 (POCSO Act). This book demystifies the problem of sexual violence against children in India pre- and post-POCSO Act. There is also a novel attempt to examine the implementation of the POCSO Act in the eastern Indian states of Odisha, Jharkhand and West Bengal, and if its objectives were being attained - in content, in implementation, and in impact.

This book will be useful for police, judiciary and government officials, scholars, and researchers studying comparative aspects of dealing with sexual offence cases against children.

This book elaborates a new framework for considering and understanding the relationship between law and memory.

How can law influence collective memory? What are the mechanisms law employs to influence social perceptions of the past? And how successful is law in its attempts to rewrite narratives about the past? As the field of memory studies has grown, this book takes a step back from established transitional justice narratives, returning to the core sociological, philosophical and legal theoretical issues that underpin this field. The book then goes on to propose a new approach to the relationship between law and collective memory based on a conception of 'legal institutions of memory'. It then elaborates the functioning of such institutions through a range of examples - taken from Japan, Iraq, Brazil, Portugal, Rwanda and Poland - that move from the work of international tribunals and truth commissions to more explicit memory legislation. The book concludes with a general assessment of the contemporary intersections of law and memory, and their legal institutionalisation.

This book will be of interest to scholars with relevant interests in the sociology of law, legal theory and international law, as well as in sociology and politics.

This book provides detailed analysis of the applicability of the provisions of the European Convention on Human Rights to issues raised by the COVID-19 pandemic. It encompasses in-depth discussion of the emerging jurisprudence of the European Court of Human Rights relating to issues arising from the pandemic. To date, a substantial number of complaints concerning such issues have been made to the Court. Human rights claims in the context of the pandemic fall into two broad categories: those based on arguments that states did not put in place sufficient measures to protect individuals from the virus and those entailing arguments that the measures put in place themselves involved breaches of rights. The essential question with which the European Court of Human Rights must grapple is how to adjudicate on the correct balance which should have been struck. The book argues that the Court should be cautious of finding breaches of the European Convention on Human Rights in cases involving public restrictions which were applied for the purpose of protecting life and health in response to a global pandemic. If the concept of a human rights violation is defined too broadly, it dilutes the seriousness of such a breach. In particular, it is argued that to preserve the legitimacy of human rights law, the Court must be cautious of applying an overly narrow margin of appreciation in such cases. The work will be of interest to academics, researchers and policymakers working in the area of human rights.

This collection of essays honours Rosemary Auchmuty, Professor of Law at the University of Reading, UK. She has fostered the study of women's academic careers and, more politically, advanced progress on gender and equality issues including same-sex marriage and property law. Her research promotes the case of feminist legal history as a way of revealing the place of women and challenging dominant historical narratives that cast them aside.

Just as Rosemary's work does, the book seeks to end the marginalisation and exclusion of women in the legal world, by including them. The book begins fittingly with a discussion of Miss Bebb, the woman whose biography Auchmuty deployed to push feminist legal history into the mainstream. It turns then to a discussion of women known and unknown and their struggles within the legal profession offering within those chapters a critical appraisal of the role of history and biography as a methodology. From there it moves to consider feminist perspectives and critiques of the dominant structures of private law. This is followed by chapters that explore those who educate the legal profession within the academy. The chapters, and the collection as a whole, examine areas of law that have a deep significance for women's lives.

This study provides a critical examination of seminal issues within the main areas of criminal justice: its theoretical framework, domestic and comparative criminal justice, transnational and international criminal law.

Exploring some of the most interesting challenges arising in these fields, it examines the impact of 'public morality' on sentencing policy, murder and the mandatory life sentence, genocide and the notion of magnitude and incitement to terrorism. Taking an approach that is fully integrated in contemporary criminal justice scholarship, it offers a diverse and expert perspective. With a comprehensive introduction and conclusion drawing the various strands together, it offers a rigorous, coherent overview of the key issues in play in contemporary international criminal justice. This diversity and expertise ensures its appeal to a large audience of students, scholars and practitioners of criminal justice around the world.

This book represents an exposition of 'judicial pedagogies' as a new concept, and discusses juridical-educational issues in detail, through an analysis of the educational claims and assumptions of judges' decisions in the European Court of Human Rights (ECtHR).

It sheds light on how, within courtrooms around the world, judges are increasingly being asked to decide upon issues of religion and belief in schooling, whether about admissions policies, curriculum planning, or pupils' and teachers' dress and jewellery. With key human rights principles at stake, these proceedings are often fraught, clashing with strong opinions about education and schooling. Focusing on decisions made in the European Court of Human Rights (ECtHR), the author considers how the supranational court looks at these issues, and considers the ECtHR's role within the European Education space. Drawing upon research and scholarship surrounding these questions, the book surveys a series of educational issues, including curriculum and assessment, and takes a comparative approach in the discussion of case studies to demonstrate the variety and depth of judges' thinking. Thus, rather than considering the national or supranational legal principles and questions as jurisprudential issues, typically about religion or human rights, it reviews them from an educational perspective - as 'folk' theories of teaching and learning. Finally, it considers the implications of a theory of judicial pedagogy for the courts' educational competence in deciding on these matters, for education and educational policy research, the European education space, legal scholarship, and for legal and judicial education.

Developing a novel and innovative approach to the pedagogies at play in a courtroom and providing fresh insights into the courts as agents of social change, it will appeal to scholars and researchers working across the disciplines of education, law, and religious studies.

Intellectual property rights and assets have become a major contributor to market capitalization for different companies. This book discusses the processes of valuation of patents and the legal and regulatory concerns around patent securitization.

Patents are used as an instrument of securitization to attract funds towards supporting further research and monetisation which opens-up new areas of research. They are utilised through means such as licensing, sale and purchase, financing and others. This book provides an in-depth look into the importance of patents and more importantly their securitization. It analyses the patent securitization applications as well as existing methods towards gauging the suitability of patents. The authors explore simple yet suitable methods for the valuation of patents that can be applied to the existing models to arrive at a pragmatic value. The book also includes studies and tests these systems for their reliability and application in different research areas and companies.

This book will be of interest to practitioners involved in financing and monetisation of patents, academics, researchers and students working in patent valuation, financial management, economics international economics.

This book explores the ethical implications of managing uncertainty in clinical decision-making during the COVID-19 pandemic. It develops an ethics of clinical uncertainty that brings together insights from the clinical and biomedical ethical literatures.

The book sets out to recognize the central role uncertainty plays in clinical decision-making and to acknowledge the different levels, kinds, and dimensions of clinical uncertainty. It also aims to aid clinicians and patients in managing clinical uncertainty and to recognize the ethical duty they have to manage clinical uncertainty. The book addresses four ethical duties related to clinical uncertainty: (1) to advance the welfare of those in clinical medicine, (2) to respect the rights of those in clinical medicine, (3) to promote just access to health care, and (4) to care for one another in clinical medicine. These duties took on select urgency during the COVID-19 pandemic because clinical risk assessments about COVID-19 were limited, we were asked to give informed consent in the context of limited and changing knowledge, the pandemic unearthed myriad problems about the distribution of health care, and the pandemic raised questions about how we care for each other in medicine.

An Ethics of Clinical Uncertainty will appeal to scholars, advanced students, and medical professionals working in philosophy of medicine, biomedical ethics, clinical medicine, nursing, public health care, and gerontology.