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J.B. Metzler Humanities (German Language)

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Kleist-Jahrbuch 2021

&lt;p&gt;Vorwort.-&amp;nbsp;Politik des Rechts im Werk Heinrich von Kleists.- Abhandlungen.- Rezensionen.- Anhang.&lt;/p&gt;

NJW-Praxis

Zum Werk
Behandelt werden das Erneuerbare-Energien-Gesetz (EEG), das Kraft-Wärme-Kopplungsgesetz (KWKG) und das Gesetz zur Förderung erneuerbarer Energien im Wärmebereich (EEWärmeG).
Zudem: die EU-Elektrizitätsbinnenmarktrichtlinie, die EU-Erneuerbare Energien-Richtlinie, die neue Emissionshandelsrichtlinie und die Richtlinie für die geologische Speicherung von Kohlendioxid.

Inhalt<ul><li>Rechtsgrundlagen</li><li>Anwaltliche Beratungskonstellation</li><li>Erneuerbare Energien im System des Klimaschutzrechts</li><li>Flexible Mechanismen des Klimaschutzrechts</li><li>Grundlagen Energierecht</li><li>Das Erneuerbare Energien Gesetz</li><li>Erneuerbare Energien und Strom-/ Energiesteuern</li><li>Kraft-Wärme-Kopplung</li><li>Errichtung und Betrieb von Anlagen der Stromerzeugung</li></ul>Dieser Leitfaden bietet sowohl erfahrenen Praktikern als auch solchen, die bislang noch wenig mit dem Energierecht in Berührung gekommen sind, eine praxisorientierte Darstellung.

Vorteile auf einen Blick<ul><li>mit der EEG-Novelle 2022</li><li>mit der Emissionshandelsrichtlinie</li><li>neues Kapitel Erneuerbare Energien und Klimaschutz</li></ul>
Zur Neuauflage
Schwerpunkt der Neuauflage liegt bei den Änderungen durch die EEG-Novelle 2022, dem Wegfall der EEG-Umlage zum 1.7.2022, den aktuellen Änderungen zum Strommarktdesign sowie bei einem neuen Kapitel zum Thema Erneuerbare Energien und Klimaschutz.

Zielgruppe
Für Rechtsanwaltschaft mit einem Schwerpunkt im Energierecht, Gerichte, Behörden sowie Juristinnen und Juristen in den Rechtsabteilungen der einschlägigen Unternehmen.

Klimaschutz im Wirtschaftsverwaltungsrecht

Recht der Erneuerbaren Energien

Palgrave Socio-Legal Studies

This book examines the relationship between LGBTIQ communities and law in Australia from colonial times to the present day, with a particular concentration on the last 40 years. Using a socio-legal analysis that combines legislation, case law, media reports, policy materials and government data, it traces the historical shift from criminalisation and erasure to conditional legal recognition. The book develops a critical queer perspective, analysing how sexual and gender minorities moved from being classified through the figure of the criminal ‘homosexual’ to being recognised as members of LGBTIQ communities with a status of almost legal equality. Structured historically, its chapters examine distinct phases of legal reform, governance and LGBTIQ activism. The book covers key issues in sexuality, gender, family, embodiment and sex classification, while offering an extended account of the legal questions affecting lesbian, gay, bisexual, transgender, intersex and queer people. Although focused on Australia, it speaks to wider debates across post-colonial jurisdictions, Commonwealth countries and the United States. It will be of interest to students and academics in socio-legal studies, queer legal theory, sexuality and gender studies, law reform, and LGBTIQ politics and activism.Allen George
 is Lecturer in Socio-Legal Studies at the University of Sydney, Australia, where he has lectured since 2009. His research focuses on law, sexuality, gender and LGBTIQ communities. He has also taught sociology and criminology at the University of Newcastle.

From Erasure to Eligibility

Law, Governance and the Queer Subject

This book offers an alternate trajectory for EU copyright law. Building on cultural norms in creative communities to reuse, recreate and share, the book proposes a more holistic approach to reconcile conflicting copyright interests. Drawing upon Niklas Luhmann's system theory, John Dewey's theory of art and feminist data theory, it advocates access to, and care within, creative communicative spaces, such as social media platforms or artificial intelligence (AI) data infrastructures, to safeguard creativity and cultural production online. Following a comprehensive assessment of current EU copyright law and related regulation, it proposes a rebuttable presumption of artistic communication to account for the nature of communication between authors, users and the public that safeguards creative reuse. The book isolates the question of remuneration, particularly in AI context, as one of collective socio-cultural value to address wider harms through a cultural commons existing on the border of the EU copyright system. Reflecting on traditional copyright concepts such as authorship, consent and remuneration alongside more novel legal structures like a right of collective informational self-determination, Reshaping EU Copyright Law to Support Creativity Online provides a foundation to reshape how the EU copyright system and its regulatory neighbours adequately respond to new forms of creativity, dissemination, and its use.

Creative Reuse

Reshaping EU Copyright Law to Support Creativity Online

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

Hart Studies in Security and Justice

This book argues that UK national security powers remain vulnerable to abuse and lack reliable human rights protections. It assesses the UK's turn away from largely secret Executive-made UK national security powers towards statutory law to regulate national security protection. The shift follows exposure of Executive abuse of self-regulated powers and the domestication of human rights requirements derived from the European Convention on Human Rights (ECHR). National security powers are now meant to be subject to democratic oversight, independent review and legal safeguards. Parliament has created expansive statutory national security powers based on Executive assurances they would comply with such requirements and, in many cases, be subject to robust judicial review. The result is a dramatic revision of the judicial role in the national security context, accompanied by a proliferation of specialist national security regimes, hybrid judge-led oversight bodies, as well as the spread of secret courts and other procedural innovations claimed to enable searching judicial scrutiny. Blending theoretical, doctrinal, comparative and historical analysis, this book shows that UK judges are subjecting national security powers to more scrutiny than ever, and this has at times been rigorous. However, despite procedural innovations to enable factual scrutiny, the standard of review applied in national security cases tends to dissolve into rationality review. Moreover, judges are increasingly rejecting their role as principal national security safeguards, as assigned to them by Parliament. Instead, this book argues, many are returning to upholding a form of Executive sovereignty in the national security domain.

UK National Security Law and Human Rights

Ius Gentium: Comparative Perspectives on Law and Justice

The contemporary significance of the subject “Social Rights, Inequalities and Affirmative Action” is indisputable. In periods of social polarization, conflict and crisis, it is imperative that the obligation of our societies to protect and promote social rights is addressed and acknowledged. It is also necessary to recognize the way in which social rights are jeopardized by inequalities that impede the cultivation of robust social relationships and to document instances of the implementation of affirmative actions in this scenario. The aims of this work are as follows: firstly, to establish general topics (part I); secondly, to undertake more specific investigations within the primary topic (part II); and thirdly, to address the challenges posed by the technological transition currently taking place in society, which has significant consequences for social rights, (in)equality, and affirmative action (part III). The study is organized into three sections corresponding to these targets. For the purposes of this study, the analysis will commence, in the Part I of this book, at the genesis of the debates, as outlined in the chapter concerning the old and the new forms of racism. This contribution is followed by a chapter on the growing recognition of intersectional discrimination in European and global human rights frameworks and by another on structural discrimination and the function of the law against unjust enrichment. To further explore and expand upon the subjects addressed in the preceding chapters, the final chapter of Part I of this book delves into the topic of affirmative action in the United States. The second part of this work is dedicated primarily to specific forms of affirmative action, thereby deepening the discussion initiated in the first part of this book. The initial topic examines the way in which the pandemic has impacted specific social groups and led to the emergence of health disparities in the UK. The subsequent chapter is devoted to an examination of the alterations in the benefits of minimum income support in Brazil in recent years. The fourth chapter undertakes a detailed investigation of a specific affirmative action program for children and adolescents with the objective of reducing violence in urban areas. The final chapter conducts an analysis of ageing, public policies and inclusion in Brazil. The third and final section is dedicated to an examination of the challenges faced by our technological societies. The field of “Social Rights, Inequalities and Affirmative Action” is set to be impacted by the regulation of artificial intelligence, the increasing digitalization of activities, and the development of new tools designed to enhance the efficiency of the social state. The initial chapter of the concluding section deals with the regulation of artificial intelligence in Brazil and the impacts of neurotechnology. The second study examines conservative digitalization and structural inequalities in Latin American information societies, while the final study focuses on the emergence of the social digital state and the use of instruments that produce inequality and discrimination.

Social Rights, Inequalities and Affirmative Action

Palgrave Studies on Sentencing

This edited collection provides an international collection of essays addressing the most important challenge confronting courts in all jurisdictions, common and civil law: how can we restrict the use of imprisonment to avoid unnecessary human and fiscal costs? Different court systems have devised a range of approaches but few have worked. This book represents multiple jurisdictions including both civil and common law countries and includes chapters from legal scholars, philosophers and empirical researchers. This book has broad appeal, given the widespread&nbsp;interest in the use of&nbsp;custody, and the pressing need to reduce prison costs.Jakub Drápal
 is Associate Professor in the Faculty of Law at Charles University in the Czech Republic and Director of its Center for Criminal Justice and Crime Studies.
 Julian V. Roberts
 is 
 Emeritus
 &nbsp;Professor&nbsp;
 of Criminology&nbsp;
 at the University of Oxford and Executive Director of the Sentencing Academy.

International Perspectives on Structuring and Restricting the Use of Imprisonment

Who Goes to Prison?

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.

Legal Frameworks and Contemporary Issues

Australian Military Discipline Law

Examines whether the rule of law can endure without its natural law and metaphysical foundations, arguing for a renewed, human-centered legal order grounded in objective moral principles and capable of addressing contemporary challenges such as AI, technocracy, and decolonization.
This provocative interdisciplinary volume addresses a mounting global crisis: the erosion of the rule of law in an increasingly secular and technological world. As societies move into what the authors call the "fourth era" of legal history, the rule of law is frequently reduced to a mere "toolkit" for elites or a "checklist" for bureaucratic efficiency, stripped of its deeper moral and transcendent roots. The book explores a vital question: can legal systems remain just when they are "truncated of transcendence" and disconnected from a higher moral order? By sifting through the legacies of legal giants like Lon Fuller and theologians like Karl Barth, the contributors argue that a purely procedural "inner morality" is insufficient to protect human dignity against authoritarian relapses or the cold logic of "technocratisation." 
Central to the book's unique vision is a multivalent, pluralistic re-envisioning of global norms. Drawing on the Christian philosophy of Herman Dooyeweerd, specifically his concept of "sphere sovereignty," the authors propose a framework where diverse religious and secular traditions can collaborate without sacrificing their distinct identities. This approach offers a powerful way to decolonize the rule of law, moving away from "one-size-fits-all" Western impositions toward a culturally sensitive synthesis of universal principles and local traditions. 
The text also tackles the controversial relationship between Natural Law and the 10 Commandments, debating whether positive laws should be grounded in "naturally knowable" truths or specific religious revelations in a pluralistic state. 
Looking toward the future, the authors issue a stark warning against the rise of Generative AI (GenAI) in legal adjudication. They argue that replacing human value judgments with machine-driven algorithms threatens to eliminate the discretion and relational interaction essential to true justice. To counter this, the book calls for educational reform and a shift toward "principled legal education" that prioritizes ethics, restorative justice, and a "facts first" approach. Ultimately, this work is a call to action for legal professionals, theologians, and the public to reclaim law as a framework for human flourishing-a "language of love" between the divine and the human that protects the vulnerable from the arbitrary exercise of power.

Reclaiming Justice Through Natural Law

The Rule of Law, Human Dignity and the Future of Democracy

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

This book addresses the issue of algorithmic discrimination, assessing the extent to which the existing European legal framework on equality and non-discrimination can capture this phenomenon and provide effective legal protection. Intended primarily for legal scholars, it identifies potential safeguards while highlighting gaps and weaknesses in the current framework's ability to address unfair outcomes arising from algorithmic decision-making.
 
 The book examines the characteristics of algorithmic decision-making and the ways discrimination can emerge within these processes. It traces the evolution of the European Union's approach to equality and non-discrimination, from a focus on market integration to a broader emphasis on social objectives and fundamental rights. It further analyzes the challenges that algorithmic discrimination and differentiation pose to the structure and logic of EU non-discrimination law and concludes with a discussion of algorithmic discrimination in employment, considering the specific rights and interests of workers at stake.

A New Challenge for the European Union Legal Order

Algorithmic Discrimination

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

Kleist-Jahrbuch 2021

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