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| beyond the law 2019: Beyond the Law's Reach? Shmuel Nili, 2024-09-12 Beyond the Law's Reach? argues that fundamental assumptions in contemporary political philosophy need to be rethought in the face of pervasive political violence. At an applied level, Nili develops this claim by delving into a series of specific controversies, all revolving around affluent democracies' policy responses to the threat of pervasive violence abroad. Examples include the ethics of giving refuge to beleaguered autocrats to avert civil war in their country, the ethics of prosecuting foreign officials who have colluded with drug cartels, and the admission of oligarchs who acquired their riches by distorting their country's rule of law. At a more theoretical level, the book shows that the moral principles needed to adjudicate these particular controversies can illuminate broader issues in normative political theory. These range from the philosophy of criminal punishment, through the relationship between the law's letter and its spirit, to the general plausibility of certain moral theories (and meta-theories) as public policy guides. Ranging from influential theories of justice to some of the hardest moral dilemmas facing communities and leaders struggling with the shadow of violence, this book explores the difficult circumstances in which we must aside not just the assumption of a stable liberal democracy, but even the dream of a clear path towards such democracy. |
| beyond the law 2019: Beyond the Law: Living Blasphemy in Pakistan Muhammad Bilal, |
| beyond the law 2019: Abortion Beyond the Law Naomi Braine, 2023-11-14 The feminists across Latin America, Africa, and Europe making self-managed abortion available to all - and the transnational movement they have built along the way Drawing on years of research with activists around the world, sociologist Naomi Braine describes the strategies, politics, and tactics of direct action feminists bringing abortion pills, information, and support to people seeking to end unwanted pregnancies. From combatting the legal strictures of Bolsonaro's Brazil, to navigating the NGO-dominated landscape of Kenya and Nigeria, feminist activists are making safe, accessible abortion care available against the odds. Even more important, these women are building a robust transnational feminist network. Tactics developed in the Global South - hotlines, practices of accompaniment and peer-to-peer care, and scientific information - are now being shared with activists in Europe and North America, building a new model for international feminist solidarity. |
| beyond the law 2019: Governance Beyond the Law Abel Polese, Alessandra Russo, Francesco Strazzari, 2019-03-29 This volume explores the continuous line from informal and unrecorded practices all the way up to illegal and criminal practices, performed and reproduced by both individuals and organisations. The authors classify them as alternative, subversive forms of governance performed by marginal (and often invisible) peripheral actors. The volume studies how the informal and the extra-legal unfold transnationally and, in particular, how and why they have been/are being progressively criminalized and integrated into the construction of global and local dangerhoods; how the above-mentioned phenomena are embedded into a post-liberal security order; and whether they shape new states of exception and generate moral panic whose ultimate function is regulatory, disciplinary and one of crafting practices of political ordering. |
| beyond the law 2019: The Law's Ultimate Frontier: Towards an Ecological Jurisprudence Horatia Muir Watt, 2023-05-18 This important book offers an ambitious and interdisciplinary vision of how private international law (or the conflict of laws) might serve as a heuristic for re-working our general understandings of legality in directions that respond to ever-deepening global ecological crises. Unusual in legal scholarship, the author borrows (in bricolage mode) from the work of Bruno Latour, alongside indigenous cosmologies, extinction theories and Levinassian phenomenology, to demonstrate why this field's specific frontier location at the outpost of the law where it is viewed from the outside as obscure and from the inside as a self-contained normative world generates its potential power to transform law generally and globally. Combining pragmatic and pluralist theory with an excavation of 'shadow' ecological dimensions of law, the author, a recognised authority within the field as conventionally understood, offers a truly global view. Put simply, it is a generational magnum opus. All international and transnational lawyers, be they in the private or public field, should read this book. |
| beyond the law 2019: Beyond the Law Jordan J. Paust, 2007-09-24 This book provides a detailed exposition of violations of international law authorized and abetted by secret memos, authorizations, and orders of the Bush administration. In particular, it describes why several executive claims were in error, what illegal authorizations were given, what illegal interrogation tactics were approved, and what illegal transfers and secret detentions occurred. It provides the most thorough documentation of cases demonstrating that the president is bound by the laws of war; that decisions to detain persons, decide their status, and mistreat them are subject to judicial review during the war; and that the commander-in-chief power is subject to restraints by Congress. |
| beyond the law 2019: Law Beyond the State Carmen E. Pavel, 2021 At the dawn of the twenty-first century, international politics is increasingly governed by legal rules and institutions. Yet widespread skepticism of its value and transformative potential, and sometimes outright hostility towards it abound. This book provides a normative justification for international law. Namely, it argues that the same reasons which support the development of law at the domestic level, namely the promotion of peace, the protection of individual rights, the facilitation of extensive, complex forms of cooperation and the resolution of collective action problems also support the development of law at the international level. The book offers moral and legal reasons for states to improve, strengthen, and further institutionalize the capacity of international law. The argument thus engages in institutional moral reasoning. It also shows why it should matter to individuals that their states are part of a rule-governed international order. When states are bound by common rules of behavior, their citizens reap the benefits. International law encourages states to protect individual rights and provides a forum where they can communicate, negotiate, and compromise on their differences in order to protect themselves from outside interference and pursue their domestic policies more effectively, including those directed at enhancing their citizen's welfare. Thus, international law makes a critical, irreplaceable, and defining contribution to an international order characterized by peace and justice-- |
| beyond the law 2019: The Law of the Sea Nele Matz-Lück, Øystein Jensen, Elise Johansen, 2022-09-19 The United Nations Convention on the Law of the Sea follows a comprehensive approach and can be interpreted dynamically to include the regulation of all potential human uses of the ocean, but the law of the sea cannot be viewed in isolation from other fields of international law. International law does not resemble a hierarchically structured legal system; its different parts interact when different rules address the same activity or situation. The academic discussion concerning the specialization and proliferation of international legal rules and dispute settlement bodies has theoretical as well as practical relevance for the law of the sea and its interaction with other parts of international law. The intensified use of the oceans for different purposes and the ongoing proliferation of international rules addressing different activities from different perspectives and with distinct foci require a more thorough evaluation of how the law of the sea relates to other fields of international law, how the normative context can be approached theoretically and if interdisciplinary interfaces can be adequately addressed. This book discusses the normative context of the law of the sea and the interactions of the law of the sea with other legal regimes. By connecting high-quality research with new ideas and perspectives, this book offers expertise from different fields and perspectives in which the interaction between the law of the sea and other fields of international law becomes particularly relevant. |
| beyond the law 2019: The Transformation of Private Law – Principles of Contract and Tort as European and International Law Maren Heidemann, |
| beyond the law 2019: Critical Legal Education as a Subversive Activity Helen Gibbon, Ben Golder, Lucas Lixinski, Marina Nehme, Prue Vines, 2015-10-16 In 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. |
| beyond the law 2019: The Authority of International Criminal Law Clare Frances Moran, 2023-06-30 Considers the legitimacy and authority of international law, showing how it can be more than simply an exercise of power. |
| beyond the law 2019: Routledge Handbook of Seabed Mining and the Law of the Sea Virginie Tassin, 2023-12-29 For years, exploration of seabed natural resources has been ongoing while exploitation in deep marine areas remained unrealistic due to land-based mineral availability and costs. However, mounting pressures from the green transition, climate change, and long-lasting fears of terrestrial minerals scarcity now bring exploitation prospects closer to reality. This has caused concern to a growing chorus of States, scientists, industries, NGOs, and parts of civil society due to the potential environmental and social impacts of these activities. As a result, the idea of a moratorium or ‘precautionary pause’ is gaining ground. Yet, an important number of interpretation and implementation issues of the United Nations Convention on the Law of the Sea (UNCLOS) and the 1994 Agreement remain to be answered as a means to move forward in accordance with international law. This multidisciplinary book, designed to become the essential handbook on the matter, provides a global overview of the national, regional, and international regulatory frameworks applicable to the exploration and exploitation of seabed minerals on the continental shelf and the Area, as well as the related state of the science on the matter. By presenting historical and geopolitical context crucial to understanding regulation evolution, the book equips readers with foundational legal and policy knowledge. It furthermore addresses contemporary and prospective issues and offers unique insights into regional and national practices, including non-Party States to UNCLOS. Chapter VI.1.4 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons [Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND)] 4.0 license. |
| beyond the law 2019: Investment Protection Standards and the Rule of Law August Reinisch, Professor of International and European Law August Reinisch, Professor of International and Economic Law and Governance Stephan W Schill, Stephan W. Schill, 2023-02-03 This thoughtfully edited volume brings together leading scholars in the field to explore the relationship between the substantive standards of treatment contained in international investment agreements and the rule of law, which is developing into one of the key principles which both supporters and critics use to evaluate the investment treaty regime. Investment Protection Standards and the Rule of Law explores two perspectives. Firstly, it examines to what extent the substantive standards of treatment can be understood as expressions of the rule of law. Secondly, it addresses the rule-of-law problems, or rule-of-law lacunae, that exist in, or are created by, the application of these standards. The subject matter is advanced by combining doctrinal analysis of the core substantive treatment standards, as well as normative assessment of those standards from the perspective of the rule of law. This book also offers a critical discussion of the potential the rule of law has as a guidepost for structuring international investment relations, as well as its blind spots. |
| beyond the law 2019: The Law and Ethics of Freedom of Thought, Volume 1 Marc Jonathan Blitz, Jan Christoph Bublitz, 2021-12-06 Freedom of thought is one of the great and venerable notions of Western thought, often celebrated in philosophical texts – and described as a crucial right in American, European, and International Law, and in that of other jurisdictions. What it means more precisely is, however, anything but clear; surprisingly little writing has been devoted to it. In the past, perhaps, there has been little need for such elaboration. As one Supreme Court Justice stressed, “[f]reedom to think is absolute of its own nature” because even “the most tyrannical government is powerless to control the inward workings of the mind.” But the rise of brain scanning, cognition enhancement, and other emerging technologies make this question a more pressing one. This volume provides an interdisciplinary exploration of how freedom of thought might function as an ethical principle and as a constitutional or human right. It draws on philosophy, legal analysis, history, and reflections on neuroscience and neurotechnology to explore what respect for freedom of thought (or an individual’s cognitive liberty or autonomy) requires. |
| beyond the law 2019: Implementation of the United Nations Convention on the Law of the Sea Dai Tamada, Keyuan Zou, 2021-04-02 This book analyses he implementation of the United Nations Convention on the Law of the Sea (UNCLOS) in the light of state practices of China and Japan. The special character of the book can be found in its structure of comparative analysis of the practices of China and Japan in each part. The focus is on historical aspects (Part I), implementation of the UNCLOS (Part II), navigation (Part III), mid-ocean archipelagos (Part IV), the marine environment (Part V), and dispute settlement (Part VI). By taking this approach, the book elucidates a variety of aspects of history, difficulties, problems, and controversies arising from the implementation of the UNCLOS by the two nations. Furthermore, contributors from China and Japan tend to show different perspectives on the UNCLOS, which, by clarifying the need for further debate, are expected to contribute to the continuing cooperation between the academics of the two states. |
| beyond the law 2019: Recognition of States in International Law Pavle Kilibarda, 2024-08-03 Although the recognition of States is a common occurrence in international relations and retains a central position in discussions of international law, its nature and legal effects have remained controversial well into the twenty-first century. While some believe that recognition plays a fundamental role in the creation of statehood, others deny recognition any legal value. Regardless, debates surrounding any case where statehood is disputed will sooner or later turn to the matter of recognition, or lack thereof, by other States. This book challenges the widespread views of statehood as an absolute or empirical fact and of recognition as merely declaratory in the creation of States as the primary and original persons of international law. Drawing upon a comparative analysis of contested States ranging from Palestine and Kosovo to Somaliland and Eastern Ukraine, this book seeks to ascertain the normative value and the effects of the act of recognition in various situations, distinguishing between: cases where statehood may be inferred from applicable rules of international law, cases where statehood could only be explained by recognition, and cases where the establishment of a State is prevented by international legal norms. In addition to discussing a range of issues related to recognition, this book provides an up-to-date overview of the history of recognition, the positions of various governments, and a broad, critical summary of domestic and international jurisprudence. |
| beyond the law 2019: Internet of Things and the Law Guido Noto La Diega, 2022-10-14 Internet of Things and the Law: Legal Strategies for Consumer-Centric Smart Technologies is the most comprehensive and up-to-date analysis of the legal issues in the Internet of Things (IoT). For decades, the decreasing importance of tangible wealth and power – and the increasing significance of their disembodied counterparts – has been the subject of much legal research. For some time now, legal scholars have grappled with how laws drafted for tangible property and predigital ‘offline’ technologies can cope with dematerialisation, digitalisation, and the internet. As dematerialisation continues, this book aims to illuminate the opposite movement: rematerialisation, namely, the return of data, knowledge, and power within a physical ‘smart’ world. This development frames the book’s central question: can the law steer rematerialisation in a human-centric and socially just direction? To answer it, the book focuses on the IoT, the sociotechnological phenomenon that is primarily responsible for this shift. After a thorough analysis of how existing laws can be interpreted to empower IoT end users, Noto La Diega leaves us with the fundamental question of what happens when the law fails us and concludes with a call for collective resistance against ‘smart’ capitalism. |
| beyond the law 2019: The Law of U.S. Foreign Relations Sean D. Murphy, Edward T. Swaine, 2023 The Law of U.S. Foreign Relations is a comprehensive and incisive discussion of the rules that govern the conduct of U.S. relations with foreign countries and international organizations, and the rules governing how international law applies within the U.S. legal system. Among other topics, this volume examines the constitutional and historical foundations of congressional, executive, and judicial authority in foreign affairs. This includes the constitutional tensions prevalent in legislative efforts to control executive diplomacy, as well as the ebb and flow of judicial engagement in transnational disputes - with the judiciary often serving as umpire but at times invoking doctrines of abstention. The process of U.S. adherence to treaties and other international agreements is closely scrutinized as the authors examine how such law, as well as customary international law and the law-making acts of international organizations, can become a source of U.S. law. Individual chapters focus on the special challenges posed by the exercise of war powers by the federal government (including during recent incidents of international armed conflict), the complex role of the several states in foreign affairs, and the imperative to protect individual rights in the transnational sphere. Among the contemporary issues discussed are the immunity of foreign heads of State, treatment of detainees at Guantánamo, movement of the U.S. Embassy in Israel to Jerusalem, state-level foreign compacts to address climate change, bans affecting refugees and asylum-seekers, and recent interpretations of key statutes, such as the Alien Tort Statute, the Torture Victim Protection Act, and the Foreign Sovereign Immunities Act. |
| beyond the law 2019: The Oxford Handbook of the International Law of Global Security Robin Geiß, Nils Melzer, 2021-02-16 Understanding the global security environment and delivering the necessary governance responses is a central challenge of the 21st century. On a global scale, the central regulatory tool for such responses is public international law. But what is the state, role, and relevance of public international law in today's complex and highly dynamic global security environment? Which concepts of security are anchored in international law? How is the global security environment shaping international law, and how is international law in turn influencing other normative frameworks? The Oxford Handbook of the International Law of Global Security provides a ground-breaking overview of the relationship between international law and global security. It constitutes a comprehensive and systematic mapping of the various sub-fields of international law dealing with global security challenges, and offers authoritative guidance on key trends and debates around the relationship between public international law and global security governance. This Handbook highlights the central role of public international law in an effective global security architecture and, in doing so, addresses some of the most pressing legal and policy challenges of our time. The Handbook features original contributions by leading scholars and practitioners from a wide range of professional and disciplinary backgrounds, reflecting the fluidity of the concept of global security and the diversity of scholarship in this area. |
| beyond the law 2019: The Environmental Rule of Law for Oceans Froukje Maria Platjouw, Alla Pozdnakova, 2023-02-28 Our oceans need a strong and effective environmental rule of law to protect them against increased pressures and demands, including climate change, pollution, fisheries, shipping and more. The environmental rule of law for oceans requires the existence of a set of rules and policies at multiple governance levels that appropriately regulate human activities at sea and ensure that pressures on the marine ecosystem are tackled effectively. Adhering to the rule of law through clear, predictable, coherent, and legitimate rules, and their implementation and enforcement, is timely and urgent. In this book, we are searching for ways to improve, strengthen and further develop the environmental rule of law for oceans. The book provides future-oriented perspectives on how law should evolve to better preserve the oceans. All chapters incorporate novel insights and ideas for legal solutions that might inspire scholars, actors, authorities, citizens and communities around the globe. This title is Open Access. |
| beyond the law 2019: The Law for Energy Prosumers Daniela Aguilar Abaunza, 2022-08-29 This book argues that law has a vital role in shaping the electricity system to enable a more active role for consumers in liberalizsed electricity industries. To do that, this book offers a unique legal perspective of the Netherlands, New Zealand and Colombia to help understand some of the current legal approaches to prosumers and therefore the legal challenges and opportunities facing. Law and regulation have the role of creating a level playing field for emerging participants, such as prosumers, to participate and compete in the market together with traditional actors, bringing not only more competition but also representing a more sustainable, environmental and democratic way to supply energy. Furthermore, law and regulation have the role of responding to innovation and creating space for technological advances to procure the changes in the industry without delay. This book examines some of the legal barriers for the raise of energy prosumers. The traditional role of the distributor when responding to increasing distributed generation in the network; prosumers unable to decide to whom they can sell their electricity to; the price of the energy or even whether to participate more actively in demand response programs. A further issue is the lack of clarity about whether small prosumers are entitled to consumer protection rights and legal challenges regarding configuration, access to the network, access to markets and strict unbundling rules for community energy projects. This book provides a clear, analytical, and informed approach to understanding the regulatory framework around energy prosumers. It will appeal to policy makers, lawyers, individuals, business entrepreneurs or communities wanting to engage in energy projects, as well as academics, researchers and students |
| beyond the law 2019: Research Handbook on the Law of the Paris Agreement Alexander Zahar, 2024-05-02 This comprehensive Research Handbook sets out a systematic analysis of the Paris Agreement taking into account developments since it entered into force in 2016. It explores the treaty’s capacity, as an instrument of international law, to compel state action to address the universal threat of climate change. |
| beyond the law 2019: Research Handbook on the Law and Politics of Migration Catherine Dauvergne, 2021-04-30 As the law and politics of migration become increasingly intertwined, this thought-provoking Research Handbook addresses the challenge of analysing their growing relationship. Discussing the evolving theoretical approaches to migration, it explores the growing attention given to the legal frameworks for migration and the expansion of regulation, as migration moves to the centre of the political global agenda. The Research Handbook demonstrates that the overlap between law and politics puts the rule of law at risk in matters of migration. |
| beyond the law 2019: Treatise on International Criminal Law Kai Ambos, 2021 This is the first volume of an authoritative three-volume treatise on international criminal law. The text provides comprehensive treatment of issues relevant to the foundations, general part of international criminal law, and general principles of international criminal justice. |
| beyond the law 2019: The Oxford Handbook of Developmental Psychology and the Law Allison D. Redlich, Jodi A. Quas, 2023-12-22 In the Oxford Handbook of Developmental Psychology and the Law, eminent scholars from varied disciplines detail how developmental science and the law shape one another across the lifespan. The chapters address fundamental questions about how human development influences laws and practices in the legal system and how the law and its practices influence development. The chapters, as well, reveal how the potential for, and consequences of, victimization and perpetration-whether they be criminal or civil acts-are impacted by and impact development. The diversity of topics, range of influences across the lifespan, and complexities of developmental and legal influences are on display throughout the volume. In Section I, which spanned Infancy and Childhood to Adolescence, authors covered such topics as prenatal and infant abuse; the development of antisocial behavior in children and adolescents; questioning of minor victims, witnesses, and suspects; treatment of youth in juvenile, criminal, and specialty courts but also in immigration, custody, and adoption hearings, and finally in schools and prisons. In Section II, which spanned Adulthood to Aging, authors addressed some of the same topics, but here from the perspective of younger and older adults. These include antisocial behavior in adults, the experiences of elder adults as victim/witnesses, and experiences in prison, especially among parents and the elderly. Other topics were covered as well, including persons with developmental disabilities involvement in the courts, reentry transitions after incarceration, and reproductive and end-of-life legal rights. Across this comprehensive volume, authors demonstrate the immense value of research for policy and practice and viewing legal involvement through the lens of lifespan development-- |
| beyond the law 2019: Complete Guide to Human Resources and the Law, 2021 Edition Dana Shilling, 2020-08-05 The Complete Guide to Human Resources and the Law will help you navigate complex and potentially costly Human Resources issues. You'll know what to do (and what not to do) to avoid costly mistakes or oversights, confront HR problems - legally and effectively - and understand the rules. The Complete Guide to Human Resources and the Law offers fast, dependable, plain English legal guidance for HR-related situations from ADA accommodation, diversity training, and privacy issues to hiring and termination, employee benefit plans, compensation, and recordkeeping. It brings you the most up-to-date information as well as practical tips and checklists in a well-organized, easy-to-use resource. |
| beyond the law 2019: Complete Guide to Human Resources and the Law, 2023 Edition (IL) Shilling, 1998 |
| beyond the law 2019: Dealing in Securities: The Law and Regulation of Sales and Trading in Europe Christos Nifadopoulos, 2021-11-30 Begins with the essential questions: - whether brokerage and dealing in securities is regulated in a jurisdiction - what aspects of the activity could bring it in scope for authorisation; and - how it is determined which regulator has legal competence to supervise the business in scope. The recent liberalisation of national authorisation regimes across Europe in the wake of MiFID II and Brexit, which has resulted in tensions with recent attempts by the EU to harmonise centrally the single market authorisation regime, is fully addressed. It reviews the details of the activities of sales, sales trading, trading and execution, what they each constitute (with reference to established communication and order management systems), the potential conflicts of interest that they bring about for a firm and how such conflicts can be managed. Each of these activities are mapped against specific regulatory obligations, such as best execution, pre- and post-trade transparency, inducements, dealing commissions rules, the short selling regime and shareholder disclosures, depicting the obligations schematically to assist the practitioner. Also covers: - dealing commission unbundling, which has reformed the way the provision and consumption of independent research and corporate access are related to execution services, - the question of multilateral trading, in other words the point at which the activity of a broker becomes exchange-like and needs to be authorised as such, - principal trading and the ability of firms to advance risk to their clients in the wake of the Volcker rule in the United States and similar legislation in Germany and elsewhere, - the rise of Systematic Internalisers and the constraints imposed on them, such as the pre-trade transparency requirements and the tick size regime, and - electronic trading, algorithmic trading, direct electronic access and high frequency trading, as well as the risk control framework that is relevant to all these activities. |
| beyond the law 2019: Peremptory Norms of General International Law (Jus Cogens) Dire Tladi, 2021-08-16 Peremptory Norms of General International Law (Jus Cogens): Disquisitions and Dispositions is a collection of contributions on various aspects of jus cogens in international law. |
| beyond the law 2019: The Oxford Handbook of the Law of Work , 2024-08-15 At the core of all societies and economies are human beings deploying their energies and talents in productive activities - that is, at work. The law governing human productive activity is a large part of what determines outcomes in terms of social justice, material wellbeing, and the sustainability of both. It is hardly surprising, therefore, that work is heavily regulated. This Handbook examines the 'law of work', a term that includes legislation setting employment standards, collective labour law, workplace discrimination law, the law regulating the contract of employment, and international labour law. It covers the regulation of relations between employer and employee, as well as labour unions, but also discussions on the contested boundaries and efforts to expand the scope of some laws regulating work beyond the traditional boundaries. Written by a team of experts in the field of labour law, the Handbook offers a comprehensive review and analysis, both theoretical and critical. It includes 60 chapters, divided into four parts. Part A establishes the fundamentals, including the historical development of the law of work, why it is needed, the conceptual building blocks, and the unsettled boundaries. Part B considers the core concerns of the law of work, including the contract of employment doctrines, main protections in employment legislation, the regulation of collective relations, discrimination, and human rights. Part C looks at the international and transnational dimension of the law of work. The final Part examines overarching themes, including discussion of recent developments such as gig work, online work, artificial intelligence at work, sustainable development, amongst others. |
| beyond the law 2019: Scholars of Contract Law James Goudkamp, Donal Nolan, 2022-12-01 This book provides a counter-balance to the traditional focus on judicial decisions by exploring the contribution of legal scholars to the development of private law. In the book the work of a selection of leading scholars of contract law from across the common law world, ranging from Sir Jeffrey Gilbert (1674–1726) to Professor Brian Coote (1929–2019), is addressed by legal historians and current scholars in the field. The focus is on the nature of the work produced by the scholars in question, important influences on their work, and the impact which that work in turn had on thinking about contract law. The book also includes an introductory chapter and an afterword by Professor William Twining that explore connections between the scholars and recurrent themes. The process of subjecting contract law scholarship to sustained analysis provides new insights into the intellectual development of contract law and reveals the central role played by scholars in that process. And by focusing attention on the work of influential contract scholars, the book serves to emphasise the importance of legal scholarship to the development of the common law more generally. |
| beyond the law 2019: The Environment-Conflict Nexus in International Law Eliana Cusato, 2021-09-16 Unpacks key assumptions about the 'environment', its relationship with violent conflict, and the justification for its protection underlying international law. |
| beyond the law 2019: Beyond the Black Door A.M. Strickland, 2019-10-29 Beyond the Black Door is a young adult dark fantasy about unlocking the mysteries around and within us—no matter the cost... Everyone has a soul. Some are beautiful gardens, others are frightening dungeons. Soulwalkers—like Kamai and her mother—can journey into other people's souls while they sleep. But no matter where Kamai visits, she sees the black door. It follows her into every soul, and her mother has told her to never, ever open it. When Kamai touches the door, it is warm and beating, like it has a pulse. When she puts her ear to it, she hears her own name whispered from the other side. And when tragedy strikes, Kamai does the unthinkable: she opens the door. A.M. Strickland's imaginative dark fantasy features court intrigue and romance, a main character coming to terms with her asexuality, and twists and turns as a seductive mystery unfolds that endangers not just Kamai's own soul, but the entire kingdom ... An Imprint Book “I couldn’t put down this deliciously dark dream of a fantasy.” —New York Times bestselling author Lisa Maxwell “A dark delight, gorgeously written and as twisty and enigmatic as a labyrinth at twilight. I wanted to stay lost in its pages forever, wandering ever deeper into the maze of Strickland’s beguiling, intricately imagined world.” —Margaret Rogerson, New York Times bestselling author of An Enchantment of Ravens |
| beyond the law 2019: Equality Before the Law Michael P Foran, 2023-12-14 This book presents a defence of the value of equality within law which is neither purely formal nor an entirely speculative theory of justice. It does this by combining a theoretical with a doctrinal project. At the theoretical level, it argues that there is a distinct and meaningful conception of equality before the law which can be separated from concerns of distributive justice. It therefore rejects the claim that legal equality is merely formal. Rather, it is grounded in the equal moral status of all legal subjects. The demand that individuals be treated in accordance with the principle of equality before the law, then, requires that they not be treated in ways that would deny their equal moral standing. This principle of moral equality is the fundamental normative basis of the rule of law. This general claim is applied, in the second half of the book, to antidiscrimination law. It is argued here that the wrong of wrongful discrimination consists in implicit or explicit denial of the equal moral status of legal subjects. This is also a core wrong that the common law seeks to remedy via judicial review and is thus intimately tied to legality itself. In the final chapter, these two strands are brought together to defend the idea that law is a public asset which must be directed towards advancing the best interests of those it governs. This kind of equality principle, one which sets the outermost limits of the use of public power, must look beyond individual rights claims. It manifests a fundamental commitment to substantive equality manifest in a commitment to collective flourishing without tying it to group-based distributive concerns which arise from distinct social and historical contexts and require the exercise of political authority to choose among a range of plausible options for their resolution. |
| beyond the law 2019: A Rule of Law for Our New Age of Anxiety Stephen J Toope, 2023-05-31 In an age of anxiety, Toope makes the case for a revitalised rule of law to bolster collective resilience and restore our capacity to build healthier societies. A pragmatic approach to the rule of law recognises its ability to chasten power, while not disconnecting law from other sources of social action and human agency. |
| beyond the law 2019: The Constitutional Legitimacy of Law Officers in the United Kingdom Conor McCormick, 2022-07-14 This book provides a detailed account of each law officer's functions and draws on that account as the basis for a conceptual analysis of their constitutional legitimacy. In recent years, the constitutional legitimacy of law officers has been questioned repeatedly because of recurring controversies surrounding the discharge of their varied functions. Indeed, it has become increasingly clear that those functions enable law officers to play a highly influential part in the regulation and exercise of public power throughout the United Kingdom. McCormick argues that the most persuasive framework for analysing the offices which make up this diverse regime involves concentrating on the constitutional values of independence, accountability and trust which underpin it. Both aspects of the book – namely the explanation of individual functions and the conceptual analysis of collective legitimacy – are written in a holistic way which encompasses critical analyses about the Attorney General and Solicitor General for England and Wales; the Counsel General for Wales; the Lord Advocate, Solicitor General and Advocate General for Scotland, as well as the Attorney General and Advocate General for Northern Ireland. |
| beyond the law 2019: Sustainability and the New Economics Stephen J. Williams, Rod Taylor, 2021-12-09 This multidisciplinary book provides new insights and hope for sustainable prosperity given recent developments in economics – but only if swift and strong actions consistent with Earth’s biophysical limits and principles of justice are universally taken. It is one thing to put limits on resource throughput and waste generation to conform with the ecosphere’s biocapacity. It is another thing to efficiently allocate a sustainable rate of resource throughput and ensure it is equitably distributed in the form of final goods and services. While the separate but interdependent decisions regarding throughput, distribution, and allocation are the essence of ecological economics, dealing with them in a world that needs to cure its growth addiction requires a realistic understanding of macroeconomics and the fiscal capacity of currency-issuing central governments. Sustainable prosperity demands that we harness this understanding to carefully regulate the rate of resource throughput and manipulate macroeconomic outcomes to facilitate human flourishing. The book begins by outlining humanity’s current predicament of gross ecological overshoot and laments the half-century of missed opportunities since The Limits to Growth (1972). What was once economic growth has become, in many high-income countries, uneconomic growth (additional costs exceeding additional benefits), which is no longer advancing wellbeing. Meanwhile, low-income nations need a dose of efficient and equitable growth to escape poverty while protecting their environments and the global commons. The book argues for a synthesis of our increasing knowledge of the ecosphere’s limited carrying capacity and the power of governments to harness, transform, and distribute resources for the common good. Central to this synthesis must be a correct understanding of the difference between financial constraints and real resource constraints. While the latter apply to everyone, the former do not apply to currency-issuing central governments, which have much more capacity for corrective action than mainstream thinking perceives. The book joins the growing chorus of authoritative voices calling for a complete overhaul of the dominant economic system. We conclude with policy recommendations based on a new economics that, if implemented, would come close to guaranteeing a sustainable and prosperous future. Upon reading this book, at least one thing should be crystal clear: business as usual is not a viable option. |
| beyond the law 2019: We, the Robots? Simon Chesterman, 2021-08-05 Should we regulate artificial intelligence? Can we? From self-driving cars and high-speed trading to algorithmic decision-making, the way we live, work, and play is increasingly dependent on AI systems that operate with diminishing human intervention. These fast, autonomous, and opaque machines offer great benefits – and pose significant risks. This book examines how our laws are dealing with AI, as well as what additional rules and institutions are needed – including the role that AI might play in regulating itself. Drawing on diverse technologies and examples from around the world, the book offers lessons on how to manage risk, draw red lines, and preserve the legitimacy of public authority. Though the prospect of AI pushing beyond the limits of the law may seem remote, these measures are useful now – and will be essential if it ever does. |
| beyond the law 2019: Film and Constitutional Controversy Marco Wan, 2021-02-04 Constructs an original dialogue between constitutional law, film, and identity by using Hong Kong as a case study. |
| beyond the law 2019: Parliament and the Law Alexander Horne, Louise Thompson, Ben Yong, 2022-09-22 The third edition of Parliament and the Law presents a timely and valuable resource covering recent developments. Brexit, the #MeToo movement, and the COVID-19 pandemic all presented Parliament with a series of challenges. This edition includes new chapters on Brexit, legislation and scrutiny, the restoration and renewal of the Palace of Westminster treaty scrutiny, votes of confidence and the Fixed Term Parliament Act, and the financing of Parliament. This is a multi-disciplinary work authored by lawyers, political scientists, parliamentary officials, and practitioners and is supported by the Study of Parliament Group (SPG). |
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BEYOND Definition & Meaning - Merriam-Webster
The meaning of BEYOND is on or to the farther side : farther. How to use beyond in a sentence.
BEYOND | English meaning - Cambridge Dictionary
BEYOND definition: 1. further away in the distance (than something): 2. outside or after (a stated limit): 3. to be…. Learn more.
BEYOND Definition & Meaning | Dictionary.com
More idioms and phrases containing beyond. above and beyond; back of beyond; can't see beyond the end of one's nose
Beyond - definition of beyond by The Free Dictionary
Define beyond. beyond synonyms, beyond pronunciation, beyond translation, English dictionary definition of beyond. prep. 1. On the far side of; past: Just beyond the fence. 2. Later than; …
beyond - WordReference.com Dictionary of English
more distant than: beyond the horizon; beyond the sea. outside the understanding, limits, or reach of; past: beyond comprehension; beyond endurance; beyond help.
371 Synonyms & Antonyms for BEYOND - Thesaurus.com
Find 371 different ways to say BEYOND, along with antonyms, related words, and example sentences at Thesaurus.com.
beyond - Wiktionary, the free dictionary
Apr 14, 2025 · beyond (plural beyonds) The unknown. The hereafter. Something that is far beyond.
Beyond Definition & Meaning - YourDictionary
It is abundant beyond imagination. There were groves of trees near the shore, and high hills beyond them. He could see a green open space just beyond ; and then the woods seemed to …
Dungeons & Dragons | The Official Home of D&D
Get the latest D&D news, purchase official books, and use the D&D Beyond toolset to create characters and run adventures with ease.
&Beyond Lodges and Camps | Luxury Travel Holidays
&Beyond’s 29 luxury lodges and camps, including two luxury expedition yachts, are perfectly situated to showcase the very best of Africa, Asia and South America’s iconic destinations. …
BEYOND Definition & Meaning - Merriam-Webster
The meaning of BEYOND is on or to the farther side : farther. How to use beyond in a sentence.
BEYOND | English meaning - Cambridge Dictionary
BEYOND definition: 1. further away in the distance (than something): 2. outside or after (a stated limit): 3. to be…. Learn more.
BEYOND Definition & Meaning | Dictionary.com
More idioms and phrases containing beyond. above and beyond; back of beyond; can't see beyond the end of one's nose
Beyond - definition of beyond by The Free Dictionary
Define beyond. beyond synonyms, beyond pronunciation, beyond translation, English dictionary definition of beyond. prep. 1. On the far side of; past: Just beyond the fence. 2. Later than; …
beyond - WordReference.com Dictionary of English
more distant than: beyond the horizon; beyond the sea. outside the understanding, limits, or reach of; past: beyond comprehension; beyond endurance; beyond help.
371 Synonyms & Antonyms for BEYOND - Thesaurus.com
Find 371 different ways to say BEYOND, along with antonyms, related words, and example sentences at Thesaurus.com.
beyond - Wiktionary, the free dictionary
Apr 14, 2025 · beyond (plural beyonds) The unknown. The hereafter. Something that is far beyond.
Beyond Definition & Meaning - YourDictionary
It is abundant beyond imagination. There were groves of trees near the shore, and high hills beyond them. He could see a green open space just beyond ; and then the woods seemed to …
