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Ogunsanya O: The Death of A Practice

The Death of A Practice

How to Avoid Practice Failure

To what extent can an animal constitute a 'juridical species'? This highly original book considers how animals have been integral to law and to legal thinking.Going beyond the traditional approaches to animal rights and the question of whether non-human animals may be considered legal 'subjects,' this book follows two types of animal - bears and bees - and asks what existence these species have maintained in juridical thought. Uncovering surprising roles that the animals play in the imagination of and solution to jurisprudential problems, the book offers a counter-argument to the view that juridical thought reduces one's appreciation for the singularity and independence of their lives. It shows, rather, that the animals exert a remarkable influence on the creative dimensions of law, offering a liveliness to it that is worthy of close attention.Contributing to new directions at the intersection of jurisprudence and human-animal studies, this book will appeal to those with interests in either of these areas.

Bears and Bees as Juridical Species

Creatures of Jurisprudence

Routledge Research in Legal Philosophy

This book offers an innovative perspective on the critical distinction between acts and omissions in criminal law, a distinction that runs like a defining thread through all types of criminal offenses.While any act that positively causes a prohibited harm is sufficient for a conviction, an omission that causes the very same harm warrants a conviction only when there is a legal duty to act. This fundamental distinction between acts and omissions is not just relevant to criminal law, but it is also deeply rooted in our moral thinking. Thus, it is commonly argued that the difference between acts and omissions is also applicable to the intuitive moral distinction between active euthanasia, forbidden in most countries, and passive euthanasia, permitted in many countries under certain circumstances. Hence, the significance of this book is threefold: First, it offers a comprehensive, coherent, and systematic discussion of the intersections between the philosophical-moral and the legal-criminal aspects of this fundamental topic. Second, it offers a novel rationale for the distinction between acts and omissions, based on the principle of autonomy. Finally, it demonstrates the influences of the theoretical discussion, on the most significant practical questions.This book will be of interest to researchers, academics and policy-makers working in the areas of criminal law, moral philosophy, and bioethics.

Autonomy, Morality and Applications to Euthanasia

Act and Omission in Criminal Law

Lloyd's Shipping Law Library

Ship Sale and Purchase is the essential working guide for anyone involved in the business of making ship sale and purchase agreements and also in the resolution of disputes arising out of such agreements.The eighth edition of Ship Sale and Purchase contains a detailed clause-by-clause analysis of Saleform 2025, the latest version of the longstanding standard form produced by the Norwegian Shipbrokers' Association. It also identifies and explains the differences between the new form and Saleform 2012 (as well as providing commentary on different approaches taken by the other standard ship sale agreements). Written by renowned experts in this specialised area, the book updates and informs readers on all aspects of the regulatory environment affecting ship sale and purchase, the contemporary process and practice of buying and selling ships, and key court decisions that have directly impacted ship sales. As with previous editions, Ship Sale and Purchase continues to provides authoritative legal analysis, market insight and practical guidance for all those involved in the business of buying and selling second-hand ships.

Ship Sale and Purchase

Routledge Research in Human Rights Law

Business and Human Rights in Africa raises interesting questions about the legitimacy and long-term viability of the business and human rights agenda in Africa, and in developing countries more generally. It explores the key issues for business and human rights in Africa and asks how and to what extent are the UN Guiding Principles changing the law and policy in Africa or the behavior of businesses operating in the continent? The book examines both the international and regional legal and policy initiatives on business and human rights in Africa and how these initiatives are being implemented in selected countries.

History, Politics, Context, and Emerging Trends

Business And Human Rights in Africa

This book discusses contemporary standards of legal safeguards in the area of bulk electronic surveillance from the perspective of the European legal model. Bulk, or untargeted, surveillance, although traditionally associated with the interception of electronic communications, is increasingly used as a convenient tool for collecting information on large groups of society. The collection of redundant information, which is intrinsic to bulk surveillance, is no longer a side effect but an important objective of the use of bulk powers. As a result, untargeted surveillance is everywhere increasingly being implemented, and without any clear link to state security or crime-fighting objectives. This work examines the origins of untargeted measures, explores their mechanics and key concepts, and defines what distinguishes them from other forms of surveillance. The various elements of the legal safeguards in place, which are fundamental to protecting individuals from the risks of abuse of power, are analysed in detail. The book discusses not only the different standards of legal safeguards, but also gives examples of their implementation in individual European countries. It also examines the relationship between the development of the global data market and untargeted surveillance powers, in particular in the context of the risks associated with algorithmic surveillance, client-side scanning, the privatisation of surveillance - or surveillance as a service - and the increasingly widespread use of preventive content filtering mechanisms. The book will be a valuable resource for academics and researchers working in the areas of law, international relations, public policy, engineering and sociology. It will also appeal to professionals dealing with various aspects of the use of surveillance measures, such as experts, members of the legislature and law enforcement agencies.Chapter 1 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

A Comparative Perspective

Bulk Surveillance, Democracy and Human Rights Law in Europe

Legal Costs and Legal Costs Adjudication

Routledge Research in International Economic Law

This book discusses the treatment of cultural products within international trade law, focusing on preferential trade agreements.Trade and culture intersect when cultural products are involved. These mainly encompass cinema, broadcasting, music, videos, and publishing, either in traditional or digital formats. As such products reflect the cultural identities of states, they have led to a debate as to whether, or the extent to which, they should be exempted from trade obligations. With multilateral negotiations in gridlock, states have increasingly turned to preferential trade agreements. Concurrently, digital technologies have revolutionized how cultural contents are created and distributed. The book analyzes the provisions relating to cultural products within trade agreements, as well as their relationship with the provisions and guidelines on cultural goods and services under the UNESCO Convention on Cultural Diversity. Drawing comparisons between states as to the treatment of cultural products in preferential trade agreements and considering the norms and provisions relating to cultural products under different regimes, the book offers a truly comprehensive overview of the evolution of the trade and culture debate.The book will be of interest to researchers in the fields of cultural products, trade agreements, digital technology, trade law, and cultural diversity.

Preferential Trade Agreements and Cultural Products

This book examines how AI in employment can lead to sex discrimination and sets out a legal response through analysis and reform.The risk of sex discrimination in employment is being driven by the increasing use of artificial intelligence. While AI promises efficiency and economic value, its application in employment decision-making, from job advertising to recruitment and performance evaluations, can unintentionally perpetuate or even exacerbate existing sex discrimination. This book examines how AI across the employment lifecycle contributes to sex discrimination and assesses whether current UK legal frameworks are sufficient to address this emerging risk. It provides a detailed analysis of the Equality Act 2010 and data protection law. Drawing on comparative insights from EU and US law, the book proposes comprehensive legal reforms to both regulatory frameworks and substantive law, with the aim of ensuring that AI technologies promote fairness, equality, and transparency in employment.The book will be of interest to researchers in the field of discrimination law, data protection law, employment law, and artificial intelligence.

Legal Regulation of AI and Sex Discrimination in Employment

This book offers a critical and timely account of how labour law has become a means for protecting employers rather than workers.The past few decades have witnessed something of a 'silent revolution' in the traditional protective role that labour law has played in the lives of workers. While this transformation has been overt in the realm of the market and at the level of the legislature, the role of the judiciary in this process remains significantly under-studied. Focussing on Australia, but drawing also on material from New Zealand, the UK and Canada, this book investigates how the common law has intervened to shape labour law in the image of commercial contract, determining disputes and defining legal issues by ignoring the realities of working life. Under this new conception of labour law, industrial relations between workers and employers are rarely reciprocal or relational. Rather, they are determined by the legal meaning and purpose of the contract of employment, drafted by lawyers for the benefit of employers and their human resources departments. Having demonstrated how approaches to contractual formalist legal reasoning have redefined labour law, this book goes on to propose an array of innovative legal and policy strategies to restore the protective role of labour law to the employment relationship.Scholarly, but also accessible to students, this book will appeal to those with interests in labour law, contract law and sociolegal studies.

Contract, Labour Law and the Realities of Working Life

New Advances in Crime and Social Harm

This book presents the results of the latest in a long-running research project using the RIMES instrument, developed by scholars in Spain. Here, RIMES is used to measure the extent of social exclusion resulting from the penal system in comparative perspective. The volume shows the results of the application of the instrument in seven criminal justice systems: Germany, Italy, Spain, Poland, England and Wales, California, and New York.Divided into two parts, the first provides a general overview of the RIMES instrument, including a discussion of the theoretical model and the methodology. The second part focuses on the results of the application of RIMES in the seven jurisdictions. The comparative results are organised according to the nine dimensions included in the RIMES instrument: control of public spaces; legal safeguards; sentencing and sanctions systems; harshest penalties; prison rules; preventive intervention; legal and social status of offenders and ex-offenders; police and criminal records; and youth criminal justice. The last chapter summarizes the comparative results and ranks them in terms of the findings on social exclusion.The book will be of interest to academics, researchers and policy-makers working in the areas of Comparative Criminal Justice, Criminology, Criminal Law and Policy.

A Comparative Analysis

Social Exclusion and the Criminal Justice System

Routledge Research in Corporate Law

Agency theory is ubiquitous in company law. This book explores (a) the limits of such deployment, and (b) the logic of how to deploy it.The book makes five linked arguments in respect of the limits of agency theory in company law. First, it argues that agency theory has become so broad that it can be used to analyse most human relationships. Such breadth, though, comes at the expense of legal clarity: as agency relationships cover such a broad range of relationships, there are no normative legal conclusions that can be drawn merely from identifying such a relationship. Second, it argues that we need to differentiate more specific concepts with clearer legal implications, such as externalities, and the particular manifestation of moral hazard that appears in insurance dynamics. Third, it argues that considerable amounts of existing company law theory - which is ostensibly built from agency theory - is in fact based on a series of hidden value judgments at each stage of the analysis. Fourth, it argues that company law theory should use agency theory less to rebalance the discipline: agency theory has become hegemonic, which is dangerous for the discipline, obscures company law's role in establishing incentives, undermines accountability, and reduces company law's autonomy.The book then moves to the logic of agency theory and makes three arguments. First, it argues that we need to factor in the company, only apply agency theory to voluntary interactions, and foreground our value judgments when identifying agency relations to do it properly. Second, it argues that it is rational to incur agency costs when we perceive the benefits of doing so to outweigh the costs, meaning that agency costs can be facilitative and we should look to front-end them rather than universally minimise them. Third, it argues that this needs to be undertaken through mandatory laws.Exploring the external limits and internal logic of agency cost analysis, this book will be of interest to academics, students, and researchers of corporate and company law.

The Limits and Logic of Agency Theory in Company Law

Routledge Research in Finance and Banking Law

This book weaves together a comprehensive legal analysis of sustainable finance regimes governing Environment, Social and Governance (ESG) derivatives, with insightful sociological perspectives on risks and uncertainties.Sustainable finance offers a unique chance to channel capital towards sustainability goals, with ESG derivatives emerging as potent catalysts for a transition to a more sustainable economy. Beyond amplifying capital flow, they strategically align with effective ESG risk and uncertainty management. The book explores how integrating ESG derivatives can strategically serve sustainable investment, offering insights into optimal risk management. The work not only outlines challenges but presents potential solutions, highlighting ESG derivatives' role in addressing market failures affecting sustainable finance, which is an aspect often overlooked by regulators in the EU, the UK, and the US. Serving as a strategy guide for countries adopting a diverse sustainable finance portfolio, the book targets policy practitioners and advocacy specialists, catering to a broad multidisciplinary audience amid the increasing interest in ESG-related products.The book's dual emphasis on financial derivatives for ESG risk management and sociological perspectives positions it as an ideal resource for scholars, experts, practitioners, researchers, and curious minds across law, business, management, and sociological studies.

Risk, Uncertainty and Sustainable Finance

The Law of ESG Derivatives

The Death of A Practice

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