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Law and Criminology (R0)

Jasper Mührel

Rights of Nature in Liberal Legal Systems and International Law

Beyond Legal Anthropocentrism

&lt;p&gt;Introduction.- Part I – The Human-Nature Relationship.- Western Liberal Societies.- Western Liberal and International Law.- Part II – Nature and Intrinsic Legal Relevance.- Concepts of Intrinsic Legal Relevance and their Openness to Nature.- Specifying Nature as a Rights-Holder.- Part III – The Critique and Potentials of Rights of Nature.- Facing Criticism.- Exploring Potentials.- Part IV – Rights of Nature in Practice.- Rights of Nature in Liberal Legal Systems.- Rights of Nature in International Law.- Conclusion.&lt;/p&gt;


The Rule of Law in Context

This book investigates core legal-political cultural myths of the Australian nation by canvassing, challenging and recasting some of the well-understood debates around, and invocations of, 'the rule of law' in Australia. It foregrounds one of the most enduring and prominent manifestations of these debates: claims to state sovereignty and rule of law in a system that has an incoherent legal foundation in its intentional ignorance of, and arbitrary violence perpetrated against, First Nations, their people, their sovereignty and their law. It examines the claims and celebrations of colonial rule of law achievements; constitutional rule of law protections; and the rule of law as tool to delineate and circumscribe the role of judges in the State. It presents a survey of the constitutional and legal principles and institutions and explores the socio-political aspects of rule of law in the country and how rule of law is experienced. With a focus on the legacy of the treatment of First Nations people, the book looks at how the Australia's rule of law institutions and machinery continue to exclude and fail vulnerable, marginalised and publicly reviled groups. Exploring these arguments through historical and contemporary case studies, including native title negotiations, anti-terrorism regimes, the government's response to the COVID-19 pandemic, the push for constitutional enshrinement of a First Nations Voice, and the Royal Commission into the government's 'Robodebt' inquiry, this book shows the inescapable messiness of rule of law in Australia as a legal and political concept, instrumentalised and weaponised across its history.

Living in the Long Shadow of Colonialism

The Rule of Law in Australia

Law in Context

Nuclear Exposure and the Harms of Redress

Injurious Law

Studies of the Oxford Institute of European and Comparative

A Comparative Perspective

The Foundations of Tort Law in the Civilian Tradition

As artificial intelligence and big data analytics reshape economies and societies, the promise of innovation is increasingly shadowed by concerns over inclusion, equity, and global justice. This accessible, interdisciplinary volume brings together established and emerging voices from across the world to critically examine issues lying at the intersection of innovation, intellectual property, and inequality in the age of artificial intelligence and big data. Featuring empirical studies, legal analyses, policy critiques, interdisciplinary perspectives, and global insights, Inclusive Innovation in the Age of AI and Big Data underscores the tremendous impact gender, race, and other socioeconomic factors have on innovation and intellectual property ecosystems. This volume also explores structural barriers in these ecosystems, diversity initiatives in the patent area, metrics for measuring inclusivity and diversity in innovation, changes brought about by artificial intelligence and big data, and the evolution of the global innovation and intellectual property systems. In an era marked by rapid technological change, extraordinary opportunities, and deepening inequality, this volume offers carefully designed reform strategies and policy recommendations to make innovation and intellectual property ecosystems more equitable, effective, and socially responsive. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International license. It is free to read on the Oxford Academic platform and offered as a free PDF download from OUP and selected open access locations.

Inclusive Innovation in the Age of AI and Big Data

Improved usage of forensic science evidence by legal practitioners is essential to reduce miscarriages of justice. This book presents critical insights into contemporary issues of forensic proof from a broad perspective. Using DNA and fingerprint evidence, the authors compare and contrast the science of forensics and how it is communicated to judges, juries, and counsel. With authors from Australia, the UK, and the U.S., the book also addresses how these different countries address science in the courtroom. This resource is ideal for all those who work in forensic capacities, including those scientists who increasingly are called to testify abroad.

Best Practices for Law

Forensic Science Evidence

This open access book assesses whether European data regulation can be amended in light of contemporary technological developments. In an era when data powers our daily lives, economies and societies, data regulation is essential. However, European data regulation is still premised on concepts and foundations that were developed more than 50 years ago. The book offers an in-depth exploration of the European data regulatory landscape, from its historical roots to the challenges posed by new technological advancements. Through a detailed legal and technical analysis, it explores key data categories - such as anonymised, pseudonymised, aggregated, sensitive data, and metadata - highlighting their fluid and changing nature and the growing possibilities for transitioning between them. By identifying regulatory tensions and challenges arising from various technologies, such as AI, Big Data, and quantum computing, the book offers policymakers, legal scholars, computer scientists and data protection experts different perspectives on how to reshape future privacy and data protection legislation in a rapidly advancing technological world. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

The Past, Present, and Future of European Data Regulation

This book offers a fresh and comprehensive reassessment of interpretivism, one of the two main philosophical accounts of law's nature. Interpretivism is drawn from many different sources and traditions. Accordingly, it is relevant to various fields of inquiry. This volume presents a diverse range of perspectives on its central idea, first expressed by Ronald Dworkin, that law is a moral interpretation of a community's past political decisions. It advances our understanding of interpretivism by restating, revising, and offering new defences and critiques of some of its main tenets. This collection brings together established figures and rising stars from across legal, political, and other areas of philosophy. There are thirteen essays, each accompanied by a response. The result is a unique and insightful overview of the current state of debate in legal philosophy.

New Work in Legal Philosophy

Interpretivism and its Critics

Multilateral environmental agreements have over the last four decades emerged as the preferred avenue to address inter-state environmental issues such as climate change. This book analyses the possibilities as well as the limitations of environmental treaty making between states. The book considers the structures and processes that lead to the successful adoption of the Paris Agreement - and contrasting them with other attempts that failed in bringing states together under a legally-binding solution. Christina Voigt explores the whole "life-cycle" of multilateral environmental agreements. Also emphasised is the impact of emerging economies in shaping international environmental regimes.

Environmental Multilateralism and its Discontents

The Art Law Library

Exploring the Stories of Cultural Objects After their Return

Beyond Restitution

Hart Studies in Private Law

This book engages with some of Stephen A Smith's most significant arguments, illustrating that he was a towering figure in the field of private law, with little of the field not impacted by his scholarship. The contributors explore Professor Smith's most controversial thinking on private law. Interrogating questions of contract law, remedies, unjust enrichment, comparative law, and the legal theory underlying these fields, this is an important publication in the field.

Essays in Honour of Stephen A Smith

Understanding Private Law

Institutions, Politics, and Processes

Constitutional Law in Contemporary America: Volume 1

The Arctic that emerged over the past forty years became one of the most innovative policy environments in the world. The region developed impressive systems for intra-regional cooperation, responded to the challenges of rapid environmental change, empowered and engaged with Indigenous peoples, and dealt with the multiple challenges of natural resource development. The second edition of The Palgrave Handbook on Arctic Policy and Politics draws on scholars from many countries and academic disciplines to focus on the central theme of Arctic policy innovation and political action. The portrait that emerges from these chapters is of a complex, fluid policy environment, shaped by internal, national and global dynamics and by a wide range of political, legal, economic, and social transitions. In this second edition, all chapters have been revised, updating the volume with the latest research and analysis especially on the changing geo-political situation since the Russian invasion of Ukraine and the election of Donald Trump. New chapters explore post-secondary education and the future of work in the Circumpolar North.

The Arctic is a complex political place and is on the verge of becoming even more so due to Russian militarism, increasing Chinese engagement and the cascading effects of rapid climate change. Effective, proactive and forward-looking policy innovation will be required if the Far North is to address its challenges and capitalize on its opportunities. The Arctic has become, ironically, "hot" in political terms, presenting escalating challenges for Arctic peoples and nations seeking to respond to political agendas that increasingly emerge from outside the region.

The Palgrave Handbook of Arctic Policy and Politics

Rights of Nature in Liberal Legal Systems and International Law

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