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J.B. Metzler Humanities (German Language)

Andrea Allerkamp

Andrea Bartl

Anne Fleig

Barbara Gribnitz

Hannah Lotte Lund

Martin Roussel

Kleist-Jahrbuch 2021

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

What justice requires when people change but their sentences stay the same. America loves a second chance story. Yet people convicted of serious crimes are seldom given one. Years after taking responsibility and working to repair harm, many remain behind bars under sentences that offer no meaningful opportunity to demonstrate rehabilitation. Bending the Bars confronts this profound double standard at the heart of American punishment. Grounding law and policy in the lived experiences of people directly affected by extreme sentences, Jessica S. Henry shows why accountability and public safety do not require endless punishment. She argues for a new framework that combines second chance mechanisms--including second look laws and stronger reentry support--and that recognizes the human capacity for change. Urgent and clear-eyed, this book challenges us to rethink who deserves a second chance, who gets to decide, and what justice demands beyond defining a person by the worst thing they have ever done.

The Case for Second Chances in American Justice

Bending the Bars

The book offers a comprehensive and innovative examination of how international law and institutions navigate the complexities of modern conflicts and crises. It is structured around four key themes which provide an integrated approach to understanding the legal and institutional responses to today’s global challenges.&nbsp;The first theme, Public International Law in Conflicts and Crisis, critically explores the failures and gaps in current legal frameworks, such as the ineffectiveness of&nbsp;jus ad bellum&nbsp;and&nbsp;jus in bello&nbsp;in the Russia-Ukraine war and the limitations of international organizations, revealing the inadequacies of existing international regulations.&nbsp;The second theme, Migration, Refugee Protection, and Human Rights in Contemporary Crises analyzes how global crises, including pandemics, exacerbate existing inequalities and disrupt traditional protection frameworks. It offers a critical analysis of the legal status of settlers, the protection challenges for unaccompanied refugee children, and the broader implications of global crises on human rights.&nbsp;Geopolitical Dynamics and Institutional Responses in a Changing World forms the third theme, analyzing how shifting power structures and geopolitical tensions reshape international law and institutional responses. This section provides insights into regional conflicts, such as those in Southeast Asia and the Middle East, examining how global governance struggles to adapt to evolving challenges.&nbsp;The final theme, Evolving Socioeconomic Landscapes of Power Structures Amid Crisis, focuses on how crises influence corporate responsibility, economic resilience, and international trade. Introducing innovative legal perspectives like Egocentric Legal Formalism (ELF), it explains the impact of crises on global power asymmetries.This book is essential for policymakers, legal professionals, international relations scholars, and anyone interested in understanding the multifaceted legal and institutional responses to conflicts and crises in the 21st century. Its interdisciplinary approach, combining legal theory with practical analysis, offers valuable insights into navigating today’s global challenges and shaping more effective responses for the future.

International Laws and Regulations Through Conflicts and Crisis in the 21st Century

This book provides a novel judicial framework for receiving and considering religious and cultural claims in shaping human rights in constitutional secular democracies. It does this through an extended case study of the Indian constitutional jurisprudence. Abortion and surrogacy, LGBTQ + rights, sex work and euthanasia are arguably the most controversial human rights issues of our time. They all invite passionate religious and cultural debate but are not themselves religious or cultural rights issues. Instead, they pose a fundamental constitutional question: How far can religion and culture go in shaping general human rights in secular constitutional democracies? Moving beyond the logic of individual rights, this book provides an integrated and holistic approach to answering this classic question of constitutional law. To do this, it proposes an innovative empirically backed normative-theoretical framework which synthesises insights from cultural psychoanalysis, feminist legal scholarship, socio-legal method, constitutional law, evidence law, and political theory. It looks at a unique constellation of cases belonging to eight different human rights themes covering the period since India's independence in 1947 and systematically analyses the religious and cultural claims made in those cases. It finds that in India, a more holistic approach to answering our classic constitutional puzzle requires a simultaneous consideration of three different theories: A theory of constitutional interpretation which formulates restrictions on a judge considering religious and cultural claims in fundamental rights cases; A theory of judicial notice which determines when such claims can be admitted without proof; A theory of secularism and public reason which argues that the claims must be given weight in the final decision only if they match defensible conceptions of constitutional values. The book develops these theories and applies them to the Indian cases, providing an innovative approach to an age-old question.

With God as our Witness

Religion, Culture, and Human Rights in India

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

Supporting the Legal Capacity of All Persons with Disabilities

Implementing the Right to Decide Under the Convention on the Rights of Persons with Disabilities

This collection explores the relationship between race, racism, and human rights law. It seeks to illuminate, in particular, how the European Court of Human Rights articulates the category of race, how human rights are experienced (differently) by racial minorities, and whether the European Convention on Human Rights has the tools to recognise and address racial harms. By centring race, it considers how Convention rights would look through the lens of race and ultimately interrogates if human rights law is part of the solution or part of the problem. In pursuing these inquiries, the collection brings together two fields of scholarship that have largely developed independently of each other, namely law and race, and European human rights law. Drawing upon rich expertise from theorists and human rights scholars, it is the first of its kind to systematically analyse race and racism in relation to a wide range of themes in European human rights law, including state violence, terrorism, privacy, protest, migration, hate speech, religion, domestic abuse, reproductive freedom, medicine, education, and climate change.

Race, Racism, and the European Convention on Human Rights

Global Lessons from Hungary

Academic Freedom and Authoritarianism

Cinema Cultures in Contact

A free ebook version of this title is available through Luminos, University of California Press's Open Access publishing program. Visit www.luminosoa.org to learn more. This wide-ranging intellectual and media history traces China's emergence as a modern state in which boundaries blur between art and design, education and psychological conditioning. Tracking the parallel development of set design and social engineering from the 1920s to the 1960s, Background Matters examines the concept of huanjing (environment), a neologism introduced at the turn of the twentieth century that evoked heated intellectual debates and inspired frenzied aesthetic experimentation. Weihong Bao shows how efforts to reshape the mind consolidated the idea and art of environment by advancing a new theoretical notion of set design: both as aesthetic organization across film, theater, radio, and television and as social experimentation in worldmaking across geopolitical and transnational contexts. Inventive and breathtaking in scope, this book radically rethinks environment not as an external object but as the nexus of mind, medium, and society.

Set and Design, Mind and Environment

Background Matters: Volume 9

International Studies in the Theory of Private Law

Constitutional Rights in Private Law

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

A New York Times Notable Book of the Year
Winner of the István Hont Book Prize, Institute of Intellectual History
Finalist for the Cundill History Prize

A sweeping history of the rise of personal choice in the modern world and how it became equated with freedom

Choice touches virtually every aspect of our lives, from what to buy and where to live to whom to love, what profession to practice, and even what to believe. But the option to choose in such matters was not something we always possessed or even aspired to. At the same time, we have been warned by everybody from marketing gurus to psychologists about the negative consequences stemming from our current obsession with choice. It turns out that not only are we not very good at realizing our personal desires, we are also overwhelmed with too many possibilities and anxious about what best to select. There are social costs too. How did all this happen? The Age of Choice tells the long history of the invention of choice as the defining feature of modern freedom.

Taking readers from the seventeenth century to today, Sophia Rosenfeld describes how the early modern world witnessed the simultaneous rise of shopping as an activity and religious freedom as a matter of being able to pick one’s convictions. Similarly, she traces the history of choice in romantic life, politics, and the ideals of human rights. Throughout, she pays particular attention to the lives of women, those often with the fewest choices, who have frequently been the drivers of this change. She concludes with an exploration of how reproductive rights have become a symbolic flashpoint in our contemporary struggles over the association of liberty with choice.

Drawing on a wealth of sources ranging from novels and restaurant menus to the latest scientific findings about choice in psychology and economics, The Age of Choice urges us to rethink the meaning of choice and its promise and limitations in modern life.

A History of Freedom in Modern Life

The Age of Choice

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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