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Philosophy and Religion (R0)

Yoann Della Croce

Assisted Dying, Discrimination, and Structural Injustice

&lt;p&gt;Chapter 1. Introduction.- Chapter 2. Discrimination and Assisted Dying.- Chapter 3. Structural Injustice in Assisted Dying.- Chapter 4. Conclusion: Politicizing Assisted Dying.&lt;/p&gt;

Oñati International Series in Law and Society

This edited collection explores the question of how those with limited capacity are enabled to take their part as members of society within the context of both a legal framework and the expectations of their family and community. The book is divided into three parts, firstly looking at the current legal position on incapacity in a number of jurisdictions. It discusses the recent European project FLEUR, and the associated debates developing around whether legislation dealing with incapacity should aim to support or control the vulnerable person. Secondly, the book looks at the experience of families with vulnerable members. Chapters examine developments in Australia, Spain, Bulgaria and Argentina, while part three looks at France, Turkey, Canada, the Netherlands, Poland and Ukraine. It asks questions such as: What are the contemporary demands for full financial protection by the state in the Netherlands? What can happen in an emergency? How did the Polish system provide for the needs of refugees in wartime, in the case of the recent flight from Ukraine into Poland? An important dimension is added to the debate, asking how we can provide support and control within a social network or group whose members have different aims and needs in a family or a community.

Incapacity and Access to Family Justice

This book offers the first systematic analysis of the synergies between climate action and gender equality—two of the most urgent goals in global sustainable development. Published at the landmark moment of the 10th anniversary of the Paris Agreement and the 30th anniversary of the Beijing Declaration, it introduces an integrated analytical framework that bridges two fields long treated in isolation.At its core is a two-level interactive governance model that explains how international norms and domestic implementation mutually reinforce one another, providing a replicable approach for countries pursuing climate and gender transitions simultaneously. Combining interdisciplinary rigor with strong empirical foundations, the book employs meta-analysis, big data mining, and in-depth case studies to address persistent gaps in gender-disaggregated climate data.Drawing on a nationally representative survey of 4,179 respondents and 21 cross-sectoral case studies, the book demonstrates how women are shifting from perceived climate-vulnerable groups to key drivers of climate action. It further proposes a Four-Dimensional Synergy Framework—integrating top-level design, scientific support, capacity building, and social mobilization—distilled from China’s experience in advancing carbon neutrality alongside gender equality. The framework offers actionable, transferable pathways for integrated SDG implementation across diverse national contexts.

An Integrated Governance Approach from China

Bridging Climate Action and Gender Equality

This book is the first comprehensive academic treatment of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and employment rights, which has a global vocation demonstrated by having been ratified by 173 States since it was adopted in 1966. Workers' rights need protection and reinforcement. To achieve this aim, international human rights standards can play an important role. The ICESCR is the most important global UN instrument in this respect. It covers a wide range of employment rights, including the right to strike, and has global application. But it is not sufficiently developed and used, and national implementation often needs improvement. Part 1 of the book analyses general issues related to the Covenant, such as context, development, challenges, influences at the global and regional levels, interpretation and procedural elements. Part 2 deals with the specific provisions which are directly linked to the employment relation. The book is based on a thorough analysis, mainly, but not exclusively, of the case law of the Committee on Economic, Social and Cultural Rights (CESCR), that is monitoring the national implementation of the Covenant. Together, the chapters in this book will empower academics and practitioners in labour law to find answers to relevant and practical problems in order to better enforce and improve workers' rights. The book is the result of a project by the 'Transnational Trade Union Rights' experts Network (TTUR), linked to the European Trade Union Institute (ETUI).

The International Covenant on Economic, Social and Cultural Rights and the Employment Relation

Hart Studies in European Criminal Law

This book offers a comprehensive legal analysis of the urgent challenges posed by deepfakes, focusing on the restrictive measures proposed or introduced to address their related harms. Readers will gain a clear understanding of the harms associated with deepfakes - especially in areas like non-consensual sexualised content and political disinformation - and how criminal and digital regulatory systems are attempting to respond. From a criminal law perspective, the book offers a dual-level critique. On the one hand, criminal law is invoked for its expressive and symbolic function, particularly in response to the discriminatory and gender-based harms often associated with deepfakes, as well as the broader need to prevent systemic risks to democratic society when it comes to electoral manipulation and freedom of thought. Here, criminal law would play a vital role in affirming societal condemnation of such conduct and in acknowledging the serious impact on victims. On the other hand, its use is increasingly entangled with emerging frameworks of digital regulation, taking on a more instrumental role in defining illegal content and reinforcing standards shaped primarily by private platforms and regulatory bodies. This dual function raises fundamental questions about the legitimacy and efficacy of using criminal law-the most coercive form of state power-for purposes that extend beyond its traditional scope. Additionally, the book explores regulatory measures aimed at controlling deepfakes, considered both as AI-generated content and as harmful online material. Discussions around content moderation, transparency duties-such as labelling and watermarking-and safety by design measures are gaining attention globally, with the European Union's Digital Services Act and AI Act leading the way. The book's primary goal is to bridge the two worlds of criminal law and digital regulation through a careful and critical analysis, making it a valuable resource for a broad audience.

Harmful AI-generated Content between Criminal Law and Digital Regulation

Addressing Deepfakes

This book gives the first in-depth assessment of how justification functions when women are claiming their right to equality. How can courts assess whether a proposed limit to women's equality is constitutionally justified? This question is rarely explicitly asked, with the assumption that well-established limitation frameworks, such as proportionality, are able to assess whether limits to women's rights are justified. However, delving into the theory and practice of justification reveals fracture points between the dominant approach to justification and women's rights to equality. One of its distinctive characteristics is the question of whether any analytical entwining or unwinding of equality and justification enhances the protection of women's rights to equality in constitutional democracies. It proposes a novel asymmetric relationship between equality and justification that requires innovative methodological approaches that enrich the task of adjudicating limits to women's equality. This is an intriguing, articulate and compelling examination of a question with real and applied significance to all those working on human rights and equality.

The Function of Justification in Achieving Women’s Equality

Hanging in the Balance

Transfer of Criminal Procedure

This book honours a remarkable legal thinker, David Feldman, whose influence on public law and on multiple generations of legal scholars and practitioners has been profound. It provides a unique set of insights into some of the most topical and enduring questions in public law (broadly conceived), through the reflections of a stellar line-up of contributors on key dimensions of David Feldman's rich body of work. Each chapter constitutes an original and important contribution to the field, taking David Feldman's seminal writings as a starting-point and developing contemporary, distinctive analytical perspectives. Like David Feldman's work itself, the book ranges across - and acknowledges and explores the porous relationships between - constitutional law, administrative law and human rights and civil liberties.

Essays in Honour of David Feldman

The Mosaic of Public Law

Bhogal on Anti-social Behaviour remains the first port of call for everyone working in the area of, and carrying out, anti-social behaviour work. The third edition has been fully updated to provide analysis of the revised guidance, with commentary explaining legislation and statutory guidance and what they mean for those working in this field. It clearly explains through the use of case studies, practical examples and tactical advice how the tools operate and how they may be used to best effect. The third edition includes: · Updated statutory guidance · Coverage of the removal of CBOs to the Sentencing Act 2020 · A new and complete section on "expedited" PSPOs · Several news cases on the tools and powers, including Leeds City Council v Persons Unknown, Jones v Birmingham City Council, Thurrock Council v Stokes, Rosebery Housing Association Ltd v Williams on injunctions, R. (on the application of Hacking) v Stratford Magistrates' Court on CPNS, Tossici-Bolt v Bournemouth, Christchurch, and Poole Council on PSPOS · The Housing Ombudsman's report from January 2024 on 'Attitudes, Respect and Rights, Relationship of Equals'. This title is included in Bloomsbury Professional's Local Government Law online service.

Bhogal on Anti-Social Behaviour

This book brings together key academics and practitioners from across the country, to provide a comprehensive reflection on the under-researched area of Australian military disciplinary law. It covers a broad range of topics on the nature of military discipline law, legacy issues arising from its historical origins, contemporary challenges regarding its application in the domestic and international domains, and likely future directions. The authors are all qualified Australian lawyers with varied backgrounds as civilians, reservists and current and former permanent Australian Defence Force (ADF) legal officers. The balance of authorship ensures that the collection as a whole reflects both the internal operation and culture of the ADF, and provides an independent, critical perspective on it. The issue of military discipline in both domestic and international settings has received extensive and ongoing media and public attention in the last decade. The public interest in the topic was apparent between 2013 and 2017, when investigations of the ‘Skype’ and ‘Jedi Council’ scandals revealed that male ADF members had been producing and sharing online footage of sexual encounters with women without the consent of the women involved, and accompanied by sexist and disrespectful commentary. The implications of discipline on overseas military operations were brought to the public attention in 2016, when the Inspector-General of the Australian Defence Force commissioned an inquiry into allegations that members of the Special Operations Task Group in Afghanistan breached the Law of Armed Conflict between 2005 to 2016.Dr Kellie Toole
 is a Senior Lecturer in criminal law in the Adelaide Law School at Adelaide University.
 Professor Dale Stephens 
 is a Professor of international law in the Adelaide Law School and Director of the Research Unit on Military Law and Ethics (RUMLAE) at Adelaide University.

This book brings together key academics and practitioners from across the country, to provide a comprehensive reflection on the under-researched area of Australian military disciplinary law. It covers a broad range of topics on the nature of military discipline law, legacy issues arising from its historical origins, contemporary challenges regarding its application in the domestic and international domains, and likely future directions. The authors are all qualified Australian lawyers with varied backgrounds as civilians, reservists and current and former permanent Australian Defence Force (ADF) legal officers. The balance of authorship ensures that the collection as a whole reflects both the internal operation and culture of the ADF, and provides an independent, critical perspective on it. The issue of military discipline in both domestic and international settings has received extensive and ongoing media and public attention in the last decade. The public interest in the topic was apparent between 2013 and 2017, when investigations of the ‘Skype’ and ‘Jedi Council’ scandals revealed that male ADF members had been producing and sharing online footage of sexual encounters with women without the consent of the women involved, and accompanied by sexist and disrespectful commentary. The implications of discipline on overseas military operations were brought to the public attention in 2016, when the Inspector-General of the Australian Defence Force commissioned an inquiry into allegations that members of the Special Operations Task Group in Afghanistan breached the Law of Armed Conflict between 2005 to 2016.

Legal Frameworks and Contemporary Issues

Australian Military Discipline Law

This book is a comparative study of how courts and oversight bodies review lawmaking processes, exposing democratic deficits and advocating for transparent, participatory legislative reform across Europe. In an era of fast-track legislation and executive overreach, the democratic legitimacy of lawmaking is under increasing pressure. This timely and original volume offers the first comprehensive, comparative analysis of how judicial and non-judicial bodies monitor and assess legislative procedures across Europe and beyond. Drawing on examples from Hungary, France, and the United States, the book highlights troubling trends - such as the use of expedited processes, exclusion of opposition voices, and lack of public participation - that undermine democratic principles and good governance. Contributors examine how courts, parliamentary committees, and international organisations like the Venice Commission respond to these challenges, offering insights into their capacity to uphold constitutional standards and human rights protections. The book also explores the broader implications of defective lawmaking for the rule of law, separation of powers, and the achievement of global goals such as the UN's Sustainable Development Agenda. Featuring leading scholars and practitioners from across Europe, including underrepresented jurisdictions, the volume bridges theory and practice, offering a rich interdisciplinary perspective. It is essential reading for academics, legal professionals, policymakers, and civil society actors concerned with the integrity of democratic institutions and the future of legislative governance. By shedding light on the mechanisms of procedural review, this book makes a compelling case for more transparent, inclusive, and accountable lawmaking in democratic societies.

European Perspectives on the Procedural Review of Parliamentary Lawmaking

An Untold Story of Invisible Work

Gender, Care and Financial Remedies on Divorce

This book offers a comprehensive legal examination of the proportionality of sanctions for doping in sports. Doping violates the level playing field and the spirit of sport and devastates athletes' health. While punishing those who violate anti-doping rules is essential, the battle against doping should not become a relentless pursuit without redemption. This book offers an innovative look into the proportionality of sanctions for doping, calling for a balanced approach that is both strong and fair. This book examines the World Anti-Doping Code in force from 2027 and changes compared to its predecessors. Some sanctions can be considered proportionate, but some may be excessively harsh. This book delves into the critical areas where punishment might overstep the bounds of proportionality. It analyses cases where sanctions may permanently end athletes' careers or ignore circumstances surrounding their cases. This book answers one important question: Could a more compassionate approach lead to a cleaner and more humane sport? The book proposes modifications to the current system. By aligning sanctions with the goals of clean sport and allowing room for reform, anti-doping organisations can build a fairer sporting world where second chances are not a forbidden dream.

Fair Play, Fair Punishment

Proportionality of Sanctions for Doping in Sport

Assisted Dying, Discrimination, and Structural Injustice

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