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Torture and Arbitrary Detention in
Kashmir

Torture and Arbitrary Detention in Kashmir

Conceptualisation and Exploration through Critical Cases

Supporting the Legal Capacity of All Persons with Disabilities

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

Company law, as a specialised branch of business law, is uniquely shaped by contemporary challenges that often redefine traditional legal concepts. Historically, the study of company law has been approached through the lens of individual legal systems rather than a broader, comparative perspective. Addressing this gap, this advanced textbook offers a comprehensive comparative analysis of common law and civil law traditions.The book focuses on the interplay between the UK legal system and the European Union's legal framework through the analysis of some EU states' legal systems. It examines company law in common law jurisdictions, particularly England and Wales, alongside Scotland, while integrating the latest legislative developments within some states of the EU, for instance, Italy and Germany. Through this comparative lens, the textbook explores pressing contemporary issues, such as the pursuit of sustainability and the green agenda, and technological evolution, in particular, AI, analysing their impact on the foundational principles of company law.Marking the 20th anniversary of the passing of the Companies Act 2006, Comparative Company Law serves as a bridge between common law and civil law, combining tradition with innovation. It provides a nuanced exploration of how modern challenges, ranging from sustainability to human rights, reshape the structure of company law, making it an essential resource for advanced students and scholars.

Human Rights, Sustainability and Technological Advancements

Comparative Company Law

SpringerBriefs in Law

This book offers a profound exploration of the historical, cultural, and social dimensions of Brazil’s Indigenous peoples, with a particular focus on the Kaingang communities. Understanding these peoples is essential to interpreting Brazilian social thought, shaping national identity, promoting sustainability, and safeguarding fundamental rights.Indigenous culture (rooted in ancestral knowledge, cosmologies, and traditional ways of life) has not only shaped Brazilian society but also plays a vital role in environmental preservation and in proposing alternatives to contemporary global challenges. This book combines bibliographic and ethnographic research with the voices of Indigenous leaders, weaving narratives of memory, resistance, and identity in the face of coloniality, systemic violence, and territorial disputes.More than an academic study, this work is an invitation to listen and engage in dialogue. It amplifies Indigenous perspectives and underscores their significance in building a plural, just, and sustainable Brazil.

A Legal Critique of Indigenous Territoriality in Southern Brazil

The Right to Land as Identity

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

A fairer, healthier, more caring and sustainable society is entirely within our grasp. The renowned co-author of The Spirit Level shows us the way.'An uplifting vision for solving inequality that benefits everyone' ANDY BURNHAM'Poverty and inequality are at the heart of all our problems. Kate Pickett's book shows how tackling them must be at the heart of our solutions too' ZACK POLANSKI'Just what these times are crying out for' KATE RAWORTHHow do we ensure that everyone has good health and receives the care they need? How do we provide education that allows every child to flourish? How do we ensure safety, justice and a sustainable environment for all?In this inspiring book, world-leading social scientist Kate Pickett shows that to make a good society - in which everyone has what they need to be well, and everyone would be better off - we must prioritise the health, care, education and rehabilitation of those who have the least and suffer the most. Drawing on decades of proven solutions and success stories from around the globe, The Good Society cuts to the essence of the challenges we face and presents us with a practical, perspective-shifting vision for how to tackle them.'Genuinely transformative. A powerful and deeply humane vision that focuses on what really matters' DANIEL CHANDLER'Daringly optimistic' FINANCIAL TIMES'Electrifying' POLLY MORLAND'Vital ... shines a light for hope' INDEPENDENT

And How We Make It

The Good Society

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

Foundations, Flaws, and Futures

Fundamental Rights for Non-Humans

This book showcases original work with practical implementation and comprehensive reviews for future developments. This book, titled, 'Trends in Forensics, Law and Criminology: Empowering Criminal Justice in 21st Century', the first of two volumes brings together eighteen original contributions that examine criminal justice from the complementary vantage points of forensic science, law, and criminology. It offers readers from all three communities a substantive yet accessible engagement with the questions that define the pursuit of justice in 21st century, and deliberately builds bridges across disciplinary boundaries that too often remain separate. This book explores its themes along two closely intertwined lines of inquiry. On the scientific and technological front, it examines machine learning in document forensics, nuclear and metabolomic techniques in toxicological analysis, three-dimensional crime scene reconstruction, the deepfake challenge in the Indian context, and digital forensics in financial cybercrime. On the legal and criminological front, it addresses rape perpetration, domestic violence against men, prisoner mental health and suicidality, post-incarceration social reintegration, probation theory, capital punishment, euthanasia attitudes, and the role of forensic and medical evidence in Supreme Court proceedings, together painting a picture of a justice system navigating profound human and procedural challenges. The readers who find important learnings in this volume include forensic scientists, legal professionals, law enforcement practitioners, criminologists, policymakers, academicians, and students who seek a holistic and interdisciplinary understanding of how science, law, and society converge in the administration of criminal justice.

This book brings together studies in forensics, law and criminology, which are all equally essential for a fair criminal justice system. It gives a comprehensive view to a wide variety of readers from the three communities across the globe to connect the dots which link all these three subjects, thus catalyzing interdisciplinary collaborations. The book explores the topics through four themes -- exploring forensic science in the 21st century; looking at law and criminal justice in the new millennium; contemporary trends in criminology; and, medico-legal aspects of human identification.The readers who will find important learnings in the book include scientists, legal and law enforcement practitioners, academicians and students to create a holistic environment for cumulative and collaborative approach towards the criminal justice system.

Empowering Criminal Justice in 21st Century

Trends in Forensics, Law and Criminology

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.

Offers an alternate trajectory for EU copyright law to adequately respond to new forms of creativity

Creative Reuse

Reshaping EU Copyright Law to Support Creativity Online

This book honours a remarkable legal thinker, David Feldman, whose influence on public law and on multiple generations of legal scholars and practitioners has been profound. It provides a unique set of insights into some of the most topical and enduring questions in public law (broadly conceived), through the reflections of a stellar line-up of contributors on key dimensions of David Feldman's rich body of work. Each chapter constitutes an original and important contribution to the field, taking David Feldman's seminal writings as a starting-point and developing contemporary, distinctive analytical perspectives. Like David Feldman's work itself, the book ranges across - and acknowledges and explores the porous relationships between - constitutional law, administrative law and human rights and civil liberties.

Essays in Honour of David Feldman

The Mosaic of Public Law

Hessische Verfassungs- und Verwaltungsgesetze 137. Ergänzungslieferung

Global Challenges in the Environmental Humanities

This open access edited volume acknowledges that when judges adjudicate climate change issues, their decisions are shaped by far more than positive law. Adopting a pluriversal, socio-legal and multidisciplinary approach, chapters engage with an array of 'extra-legal' factors that inform what happens inside courtrooms, of relevance for climate action more broadly. These factors include judges' psychology; who is appointed as a judge and how that process is designed; legal culture and philosophy; who litigates and how litigation strategies are designed; literature; counter-hegemonic knowledge production; political ecology; climate anxiety; and climate science. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by Newcastle Law School (United Kingdom), the Department of Land Economy, Cambridge and Queens' College, Cambridge.

Exploring Extra-Legal Factors

Adjudicating Climate Change

Torture and Arbitrary Detention in Kashmir

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