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Bussey B: The Rule of Law, Human Dignity
and the Future of Democracy

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

Reclaiming Justice Through Natural Law

Human Rights Law in Perspective

This book offers an analysis of how the European Court of Human Rights engages with identity and emotion, revealing both the promise and the limitations of human rights law in addressing the complexities of human experience. The book explores how human rights law, often framed as universal and abstract, responds to deeply personal questions of identity, belonging, and emotional impact. Based on a systematic study of over 3,300 judgments, the book shows how the European Court of Human Rights has increasingly made identity central to its reasoning - particularly in cases involving sexuality, ethnicity, and family life. In these areas, the Court acknowledges how state actions shape emotions such as fear, humiliation, and dignity. Yet, in other domains - migration, religion, professional life - the Court avoids emotional engagement, leading to troubling inconsistencies. The book argues that when emotions are excluded from legal reasoning, individuals are reduced to formal entities, stripped of depth and interiority. Combining doctrinal analysis with insights from social theory and psychology, the book presents a new framework for understanding how emotions and identity interact with law. It traces the evolution of identity references across categories and highlights the Court's uneven treatment of emotional harm. This timely and original contribution speaks to legal scholars, practitioners, and theorists interested in human rights, identity politics, and the emotional dimensions of law. It calls for a more responsive and empathetic human rights jurisprudence - one that reflects the lived realities of those it seeks to protect.

A Sentimentalist Analysis of Human Rights

Identity and Emotions at the European Court of Human Rights

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

Providing everything you need to know about the law governing gambling in the UK, an expert team offers practical guidance covering all key areas.

Smith and Monkcom on the Law of Gambling

Hart Studies in European Criminal Law

This book offers a comprehensive legal analysis of the urgent challenges posed by deepfakes, focusing on the restrictive measures proposed or introduced to address their related harms. Readers will gain a clear understanding of the harms associated with deepfakes - especially in areas like non-consensual sexualised content and political disinformation - and how criminal and digital regulatory systems are attempting to respond. From a criminal law perspective, the book offers a dual-level critique. On the one hand, criminal law is invoked for its expressive and symbolic function, particularly in response to the discriminatory and gender-based harms often associated with deepfakes, as well as the broader need to prevent systemic risks to democratic society when it comes to electoral manipulation and freedom of thought. Here, criminal law would play a vital role in affirming societal condemnation of such conduct and in acknowledging the serious impact on victims. On the other hand, its use is increasingly entangled with emerging frameworks of digital regulation, taking on a more instrumental role in defining illegal content and reinforcing standards shaped primarily by private platforms and regulatory bodies. This dual function raises fundamental questions about the legitimacy and efficacy of using criminal law-the most coercive form of state power-for purposes that extend beyond its traditional scope. Additionally, the book explores regulatory measures aimed at controlling deepfakes, considered both as AI-generated content and as harmful online material. Discussions around content moderation, transparency duties-such as labelling and watermarking-and safety by design measures are gaining attention globally, with the European Union's Digital Services Act and AI Act leading the way. The book's primary goal is to bridge the two worlds of criminal law and digital regulation through a careful and critical analysis, making it a valuable resource for a broad audience.

Harmful AI-generated Content between Criminal Law and Digital Regulation

Addressing Deepfakes

'Asylum remains a hugely important area of law, deeply affecting the lives of very many people: the nation's approach to it is a touchstone of our humanity.' - from the foreword to the second edition by The Rt Hon The Lord Brown of Eaton-under-Haywood. This is the leading practitioner textbook dealing solely with the law and practice pertaining to all aspects of asylum in the UK. It is a decade since the last edition published, since when much has happened in this area, with the most significant being Brexit. The third edition will be the first post-Brexit refugee practitioner work. It will also give full consideration of the impact of the Nationality and Borders Act 2022 on practice and procedure. The third edition covers: - Credibility assessment: UNHCR and Beyond Proof, language analysis, family tracing, assessing belief and sexuality - Assessing risk: assurances, shifting burdens of proof and duties of enquiry, the relevance of inability to return - Persecution: conscientious objection, future expression of fundamental rights - Developments in the understanding of vulnerability: the interaction of refugee law with trafficking, statelessness and gender preference issues - Exclusion for wrongdoing, for access to rights akin to nationality, and for non-UNHCR protection - Cessation of status: family members, change of circumstances, and relevance of internal relocation - Third country cases: returns under and beyond Dublin 3, third country returns post-Brexit - Procedures - asylum claims in detention, delays in determining claims, family reunion This title is included in Bloomsbury Professional's Immigration and Nationality Law online service.

Asylum Law and Practice

A Financial Times Book of the Year No other phenomenon has shaped human history as decisively as capitalism. It structures how we live and work, how we think about ourselves and others, how we organise our politics. Sven Beckert situates the story of capitalism within the largest conceivable geographical and historical framework in this fascinating new book. Capitalism, argues Beckert, was born global. Emerging from merchant communities across Asia, Africa and Europe, capitalism's radical recasting of economic life rooted itself only gradually. Then it burst onto the world scene, as European states and merchants built a powerful alliance that would propel them across the oceans. This epic drama corresponded at no point to an idealised dream of free markets. All along, state-backed institutions and imperial expansions shaped its dynamics. Capitalism decentres the European perspective, highlighting agency, resistance, innovation and ruthless coercion around the world through to the present with the rise of Asian economies, particularly China. Sven Beckert doesn't merely add up capitalism's debits and credits in this monumental book, but allows us to think afresh about the past to help us re-imagine the future.

A Global History

Capitalism

AI and Constitutional Law in Europe

Democracy in the Age of Disinformation

A textbook that examines how societies reach decisions about the use and allocation of economic resources While economic research emphasizes the importance of governmental institutions for growth and progress, conventional public policy textbooks tend to focus on macroeconomic policies and on tax-and-spend decisions. Markets, State, and People stresses the basics of welfare economics and the interplay between individual and collective choices. It fills a gap by showing how economic theory relates to current policy questions, with a look at incentives, institutions, and efficiency. How should resources in society be allocated for the most economically efficient outcomes, and how does this sit with society's sense of fairness? Diane Coyle illustrates the ways economic ideas are the product of their historical context, and how events in turn shape economic thought. She includes many real-world examples of policies, both good and bad. Readers will learn that there are no panaceas for policy problems, but there is a practical set of theories and empirical findings that can help policymakers navigate dilemmas and trade-offs. The decisions faced by officials or politicians are never easy, but economic insights can clarify the choices to be made and the evidence that informs those choices. Coyle covers issues such as digital markets and competition policy, environmental policy, regulatory assessments, public-private partnerships, nudge policies, universal basic income, and much more. Markets, State, and People offers a new way of approaching public economics. <ul><li>A focus on markets and institutions </li><li>Policy ideas in historical context </li><li>Real-world examples </li><li>How economic theory helps policymakers tackle dilemmas and choices </li></ul>

Economics for Public Policy

Markets, State, and People

European Academy of Legal Theory

This book takes an interdisciplinary approach to the relationship between law, time, and new technologies to explain the emergence and transformation of global law, with a special focus on platform economy. It describes the 'metamorphoses of global law' on the basis of an experimental understanding of legal theory that looks beyond the systematisation of dogmatic categories, the reproduction of prefabricated theories. It offers a novel and sound theoretical approach to the formation of society within a highly digitalised and platform-oriented world, conjugating the work of several relevant authors, such as Niklas Luhmann, Gunther Teubner, Carl Schmitt, Jürgen Habermas, and Lawrence Lessing, among others. The book answers the myriad questions that the platform economy poses for law, shedding light on the possibility of a hybrid regulation, i.e., the mixture of political-constitutional external regulation and a self-regulation by the digital code, in an attempt to overcome simplistic notions of platform governance. It provides a comprehensive exploratory analysis on the phenomena of digitalisation, platformisation, big data, algorithms, and their relevance to law in global society.

On the Interaction of Law, Time, and Technology

Metamorphoses of Global Law

Anthropology, Law, and Political Morals

Some Versions of Legalism

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

Hart Studies in Constitutional Theory

This is the second part of a 2-volume set which presents an in-depth investigation into the canon of constitutionally conforming interpretation. This second volume builds upon the insights of the first volume, which includes national reports on the use of constitutional interpretation. In Volume 2, the analysis is extended beyond the national context, discussing its application in the supranational and international contexts, including in EU law and the domestic use of international law. It presents several critical perspectives, challenging the legitimacy of constitutionally conforming interpretation, and looks at the invisible constitution, constitutional amendments, and the impact of legalism. The volume is rounded off by three comparative analyses, which formulate universally applicable insights. Together with Volume 1, this book fills an important gap in legal scholarship and sets the stage for cross-national discourse on this critical legal method.

Volume 2: Connections and Analysis

Constitutionally Conforming Interpretation – Comparative Perspectives

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

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