共查询到20条相似文献,搜索用时 15 毫秒
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Lewis P 《European journal of health law》2006,13(3):219-234
This article considers whether two significant philosophical objections to autonomy-based legal approaches to decision-making for incompetent individuals could be accommodated by the law. These philosophical objections are known as the personal identity and welfare problems. The article first sets out the autonomy-based approaches and their objections. Next, the present legal position is briefly canvassed in a comparative vein. Finally, the article suggests how the personal identity and welfare problems might be accommodated were legislators minded to do so, by proposing specific statutory amendments to the recent English legislation on advance decisions and evaluating their viability, particularly in light of the European Convention on Human Rights. 相似文献
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M. Sornarajah 《International Environmental Agreements: Politics, Law and Economics》2006,6(4):329-357
The 1990s brought about a change in the international law of foreign investment due to the primacy achieved by the tenets
of neo-liberalism. They drove concerns about the environment and poverty away from the concerns of the law and gave priority
to the interests of multinational corporations by enhancing their ability for movement of assets and the absolute protection
of these assets through treaty rules. The regime created by this law was operated through secure systems of dispute settlement
through arbitration which also enabled the stabilization of these rules. In the process, private power of a section within
the hegemonic state was able to subvert international law through the use of low order sources of the law and secure a system
of investment promotion and protection. The restoration of the more universal themes of environmental protection and poverty
alleviation is necessary. This paper outlines the developments that accentuated the sectional interests of multinational capital
and explores the means by which a change that reflects the global interests could be effected.
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M. SornarajahEmail: |
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Mutaz M. Qafisheh 《International Journal of the Legal Profession》2018,25(2):175-212
The main challenge encountered by the law profession in Palestine throughout its 100-year history is the division over political lines. The split started with the establishment of the Palestinian Jewish and Arab Bar Associations under British rule before 1948. The division took another form of separation between Palestinian lawyers in the West Bank, Gaza, and Israel between 1948 and 1967. Under Israeli occupation (1967–1994), lawyers were partitioned into three factions: striking lawyers who affiliated with the Jordanian Bar Association, practicing lawyers who formed the Arab Lawyers Union, and the Gaza lawyers who founded the Lawyers Society. Together these three bodies formed the transitional council of a Palestinian Bar in 1997. Since the 2003 Bar election, lawyers have been unified under the Palestinian Bar Association, which has become a well-established body, notwithstanding all the challenges facing not only the law profession but also the country as a whole. 相似文献
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Mark S. Frankel 《Journal of Law and the Biosciences》2014,1(2):215-217
Advances in neuroscience should be subject to a robust public dialogue that includes attention to the legal and human rights issues raised by both research and its applications. 相似文献
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Sovereign impunity in America’s war on terror: examining reconfigured power and the absence of accountability 总被引:2,自引:0,他引:2
Michael Welch 《Crime, Law and Social Change》2007,47(3):135-150
Significant socio-legal transformations since September 11th have attracted scholarly investigations in pursuit of identifying
the precise nature of a newly configured form of power. In the course of suspending law, the US government has instituted
controversial tactics in the war on terror, many of which are deemed illegal under international law (i.e., the unlawful enemy
combatant designation, torture, and the war in Iraq). This work attends to recent analyses on sovereignty, governmentality,
counter-law, and states of exception in an effort to elaborate on state impunity since it is regarded as an important phenomenon
warranting greater exploration. Due to an absence of accountability that would otherwise hold specific government actors responsible,
key counter-terrorism strategies perpetuate serious state crimes. The article situates those transgressions within a conceptual
context that deepens our understanding of power in a post-9/11 world while inviting further critique on the war on terror
as it undermines the rule of law and established human rights protections.
Michael Welch is Professor in the Criminal Justice program at Rutgers University, New Brunswick, NJ. He is author of several books, including, Scapegoats of September 11th: Hate Crimes and State Crimes in the War on Terror (2006, Rutgers University Press), Ironies of Imprisonment (2005, Sage), Detained: Immigration Laws and the Expanding I.N.S. Jail Complex (2002, Temple University Press). In 2005, and 2006–2007, Welch is a Visiting Fellow at the Centre for the Study of Human Rights, London School of Economics. He invites you to visit his website at . 相似文献
Michael WelchEmail: URL: www.professormichaelwelch.com |
Michael Welch is Professor in the Criminal Justice program at Rutgers University, New Brunswick, NJ. He is author of several books, including, Scapegoats of September 11th: Hate Crimes and State Crimes in the War on Terror (2006, Rutgers University Press), Ironies of Imprisonment (2005, Sage), Detained: Immigration Laws and the Expanding I.N.S. Jail Complex (2002, Temple University Press). In 2005, and 2006–2007, Welch is a Visiting Fellow at the Centre for the Study of Human Rights, London School of Economics. He invites you to visit his website at . 相似文献
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Recently, the debate as to whether ethics should be a compulsory requirement of a law degree was refuelled when the English and Welsh Legal Education Training Review (LETR) recommended that professional ethics should be primarily addressed in vocational Legal Services and Education Training programmes and that learning outcomes in the academic curriculum should include reference to morality and the law, the values supporting the legal system and their connection to the role of lawyers. This debate is also occurring in other jurisdictions. In Australia the debate is focused on the proposal that ethics be removed as a compulsory subject in the law degree. This proposal has raised a concern that law students will be denied the opportunity to develop as ethically competent lawyers. This paper argues for the continuation of ethics as a core component of a law degree and evidences the model used for the teaching of ethics in the law degree at the University of Technology Sydney in support of our argument. The background to the model is examined to highlight the significance of student feedback and ongoing curriculum review, including the alignment of parallel pedagogical factors. This model serves as an example of not only why ethics should be core to a law degree but, in order to provide graduates who are ethical and reflective practitioners, why ethics should be pervasively taught throughout the degree and supported by an introductory and capstone presence. 相似文献
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Zanghellini A 《Journal of law and society》2010,37(4):651-677
French Polynesia is an overseas collectivity of France whose kinship practices accommodate transgender parenting through the involvement of gender-variant (mahu) people in childrearing, including as adoptive parents in customary (faamu) adoption. While the existence and visibility of gender-variant people in French Polynesia is well documented, there is no literature on their involvement in parenting, reflecting a more general dearth of research on LGBT parenting in non-Western contexts. Drawing on the author's fieldwork in French Polynesia, this article fills this gap. The article also discusses the negative implications of France's ambivalence towards LGBT parenting for French Polynesian gender-variant parents and the children they raise. 相似文献
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The Council of Europe Convention on Cybercrime,1 referred to as the Budapest Convention on Cybercrime, has been diffused globally, and is serving as a benchmark or a ‘model law’ for drafting national cybercrime legislation in many countries worldwide. This paper argues that, through the mechanism of ‘state socialization’ combined with incentives, e.g. assistance in building law enforcement capacity, the diffusion of the Budapest Convention has had a profound influence on the development of cybercrime legislation in a number of Pacific Island Countries (PICs).2 Some PICs have expressed their great interest in acceding to the Convention and ‘imported’ several provisions from the Convention. This article, nevertheless, contends that these PICs do not seem to consider carefully whether the ‘imported’ law is applicable to their existing law enforcement capacity. It is evident that various domestic factors, such as lack of resources, have deterred the enforcement of cybercrime laws in these countries. As the result, although those PICs would have adequate cybercrime laws ‘on the books’, ‘law in action’ is still feeble. 相似文献