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Credibility Assessment in Queer Asylum
Cases

Credibility Assessment in Queer Asylum Cases

Believe It or Not?

This book explores human vulnerability through the lens of natural law theory. Beginning with a detailed examination of natural law ethics, centred upon the virtues (Part One), it sets out the relationship between natural law and human vulnerability. To be human is to be vulnerable; but vulnerability must itself be understood by reference to the human goods that are the central concern of natural law ethics. Such goods lie at the heart of what it means to lead a flourishing life, but they are in no way certain: goods such as health, education, the family can all be perverted or taken away by human agency or the vicissitudes of life. Part Two poses the problem of how human beings and government can build resilience in the face of these vulnerabilities. Its main contention is that the central aims of vulnerability theory, including that of state responsiveness, are pre-figured in the social teachings of the Catholic Church. These teachings provide a compelling basis for the demand that the state be more responsive to social scourges such as poverty, crime, debt and dependency. Vulnerability theorists will benefit from a new perspective on the problems that are central to their analysis; natural law theorists will profit by an enrichment and extension of their central concerns.

Natural Law, Ethics and Human Vulnerability

Democrats and Republicans

Today's Crime and Punishment Issues

This volume explores in detail the use of the doctrine of good faith in the common law when interpreting contracts and resolving disputes. Building on the findings of Good Faith and Relational Contracts (Hart, 2024) the book discusses the implications of relational contract theory and good faith for issues such as liquidated damages clauses, discretion to terminate a contract, contract forfeiture, employment contracts and contractual remedies. The author discusses the potential for good faith to unite a number of currently disparate contract law and equitable principles into a coherent framework, providing an opportunity to question and jettison some archaic aspects of existing doctrine that are no longer defensible. Ambitious and thoughtful, this is a significant statement on the role of good faith in private law.

Application to Specific Principles

Good Faith and Relational Contracts, Volume 2

This book challenges the view that legal positivism should be reduced to a conceptual analysis of legal validity. Instead, Elena Namli reclaims legal positivism as a theory of the relationship between law, morality, and politics. Presenting novel interpretations of the classical works of Herbert L. A. Hart, Joseph Raz, and Jürgen Habermas, Namli frames legal positivism as a theory that makes possible a moral and political critique of valid law. Moreover, this book defends the dialectical relationship between law, politics, and morality by combining a positivist approach to legal validity with a constructivist ethical theory which strengthens the critical potential of legal positivism. Legally valid norms may not always be morally justified, but understanding the moral quality of legal regulations is essential for comprehending modern law.

Legal Positivism, Politics, and Critical Ethics

Diverse Voices in Intellectual Property Law

Clashes with Copyright Law

Digitising Cultural Heritage

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

Ein politisches Wunder und wie wir es vor seinen Feinden schützen | Das Buch vom gefragten Experten für eine realistische Europapolitik

Welches Europa brauchen wir?

This book provides an overview of male violence against women and the failure of the legal system. Male violence against women is pervasive. From the bedroom to the boardroom; from the home to the hospital; from the court to the care home, women are subject to male violence. The legal response to this is weak. The violence is either invisible or downplayed. This book explains why and how the law can do better. It explores how violence in different settings reinforces and magnifies the abuse in others. Too often violence against women is considered in silos (sexual assault; domestic abuse; street harassment, etc.). The book argues that they must be seen on a continuum. It brings out the common themes, but also the subtle differences in context between the scenes of violence. In doing so it argues that we cannot understand an incident of male violence against women without understanding the broader context within which that takes place. The book claims that the legal response to male violence against women downplays the severity of the harm or even fails to recognise it. This is a must-read for those interested in criminal law, gender politics, and feminist approaches to law. It is only when the true nature of the problem is grasped that the law can start to provide an effective response to it. This book shows how a better and more effective law can be found.

Law, Ethics, and Policy

Male Violence Against Women

A Practical, No-Nonsense Approach to Building, Safeguarding, and Sharing Wealth on Any Scale Want a new level of wealth? You need a new playbook! The average person carrying debt works two months each year just to pay the interest they are carrying on their credit cards, mortgages, or student and auto loans. Even those with no major debts are vulnerable to astronomical long-term care costs, financially ruinous relationships, lawsuits, and taxes.&nbsp; The Smart Woman’s Guide to Building and Protecting Wealth demonstrates how new strategies for creating, safeguarding, and sharing wealth are not only each necessary activities, they are interdependent. Strategically and simultaneously tackling all three areas has the effect of turbo-charging wealth-building. &nbsp; Author and attorney Ann-Margaret Carrozza shares her journey from public assistance to the one percent, employing wisdom gained from counseling more than 20,000 clients to help readers recognize and vanquish their lurking legal landmines. No money to invest? No problem—learn to recognize and deploy nontraditional assets to generate wealth and banish the scarcity mentality while protecting the bottom line. Developing these skills allows for joyful generosity with others and powers the creation of sustainable wealth.&nbsp;

The Laws of Your Money

The Smart Woman's Guide to Building and Protecting Wealth

This book challenges the near-universal acceptance of a US-style, Western constitutional paradigm as the best basis for comparative constitutional studies. It does so on three main grounds: anachronism, 'othering' and cultural specificity. Main pillars of 'convergent constitutional theory' are rooted in the revolutionary, late-eighteenth century - a lost world; constitutional arrangements that deviate from the paradigm are often branded as 'outliers' or even as not constitutional at all; and the foundations of the paradigm in liberal democracy give no space for other forms of constitutionalism. Whatever the attractions of convergent theory as a normative ideal of good government, for the purposes of understanding, analysing and explaining constitutional systems it is far from ideal. This book discusses and questions: convergent theory's weddedness to writing as the technology of constitution-making; its image of a constitution as fundamental law; its idea that a constitution expresses the 'sovereignty of the people'; its use of tripartite separation of powers as the basic principle of institutional design; its relative neglect of administrative law; its association of 'rights' with judicially enforceable bills of rights; and its obsession with a vaguely specified concept of 'democracy'. It makes suggestions for alternative, preferable methods of understanding, analysing and explaining constitutions, and governmental and constitutional systems.

The Distorting Lens of Convergent Constitutional Theory

Reconstructing the Global Framework for Housing Finance

Transnational Mortgage Law

Credibility Assessment in Queer Asylum Cases

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