The Legal Issues Of The Emerging Rights
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The Legal Issues Of The Emerging Rights
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Author : Jianzong Yao
language : en
Publisher: Springer
Release Date : 2024-04-16
The Legal Issues Of The Emerging Rights written by Jianzong Yao and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-04-16 with Law categories.
This book systematically discusses the contents of the administrative right to know, the right to information, the right to gene, euthanasia and other emerging rights. The purpose of this book is to attract legal scholars to pay attention to these right changes in the process of China's social transformation, analyze the basic laws of right changes under the specific background of China's society and provide a theoretical system model for the establishment of China's legislative right recognition and right relief system. The typical feature of contemporary China is all-round social transformation. In such a transitional period, the construction of democracy, legal system and political system in China is gradually unfolding and developing with its unique mode. In the construction of legal system and the practical operation of legal system, the concept of rights, the thinking of rights and the logic of rights have in fact been running through the social and legal practice in China for decades since the reform and opening up and have always become its background, keynote and background. Its typical realistic symptom is that a large number of rights belong to "new" for "China" the germination and birth of the type. In this context, this book tries to combine the general theory with the specific reality of the right landscape and preliminarily explores and explains the generation mechanism, existence basis, development logic and basic connotation of the "new" types of rights, that is, the main "emerging" or "new" types of rights in the transitional Chinese society. The purpose of this book is to draw the attention of the colleagues in the field of law to the reality of the emergence and development of "emerging" rights in our society. At the same time, taking this as an example, I hope that the colleagues in the field of law can deepen the study of rights, especially from the general and macro-study of rights to the more specific and micro-study of rights.
Trends And Challenges In International Law
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Author : Maurizio Arcari
language : en
Publisher: Springer Nature
Release Date : 2022-04-22
Trends And Challenges In International Law written by Maurizio Arcari and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-22 with Law categories.
Over the last century, international law has sought to keep pace with sweeping changes that have revolutionised the international community. It has done so in various ways: by developing new fields, adopting new legal instruments, and including new actors and entities in the international fora. Human rights law and environmental law have emerged to address essential issues raised by civil society. Treaties, judgments and soft law instruments have attempted to fill the gaps in regulation. International organisations, corporations, civil society organisations and individuals have all worked to make and enforce, also by judicial means, legal rules. But is all this sufficient?In an effort to answer this question, the chapters of this volume explore selected emerging issues in the fields of human rights, the environment, cultural heritage and law of the sea. Can state responsibility help to protect the environment? Can protecting human rights be reconciled with national security? Can the UN Security Council address climate change? Is law of the sea still fit for purpose? And how can we balance human rights and the environment, or cultural heritage and law of the sea? The international scholars and experienced practitioners who have contributed to this volume discuss these and other key questions.Given its scope, the book will appeal to researchers and scholars of international law, as well as those specialising in human rights law, environmental law, cultural heritage law, and law of the sea.
Human Rights
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Author : David Kinley
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013-11-29
Human Rights written by David Kinley and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-29 with Political Science categories.
Encouraging new thinking about conventional understandings of human rights, this book will strongly appeal to international lawyers, legal and political philosophers, as well as graduate students and upper-level undergraduate students in law and philos
Children S Rights New Issues New Themes New Perspectives
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Author : Michael Freeman
language : en
Publisher: BRILL
Release Date : 2018-03-06
Children S Rights New Issues New Themes New Perspectives written by Michael Freeman and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-06 with Law categories.
This collection of essays by a variety of scholars, compiled to celebrate the silver anniversary of The International Journal of Children’s Rights, builds on work already in the literature to reveal where we are now at and how the law concerned with children is reacting to new developments. New, or relatively new subject matter is explored, such as film classification, intersex genital mutilation, the right to development. Rights within the context of sport are given an airing. We are offered new perspectives on discipline, on the significance of “rights flowing downhill,” on the so-called six “ General Principles.“ The uses to which the CRC is put in legal reasoning in some legal systems is critically examined. Though not intended as an audit, the collection offers a fascinating image of where the field of children's right is at now, the progress that has been made, and what issues will require work in the future.
Taking Rights Seriously
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Author : Ronald Dworkin
language : en
Publisher: Harvard University Press
Release Date : 2018-06-25
Taking Rights Seriously written by Ronald Dworkin and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-25 with Philosophy categories.
What is law? What is it for? How should judges decide novel cases when the statutes and earlier decisions provide no clear answer? Do judges make up new law in such cases, or is there some higher law in which they discover the correct answer? Must everyone always obey the law? If not, when is a citizen morally free to disobey? A renowned philosopher enters the debate surrounding these questions. Clearly and forcefully, Ronald Dworkin argues against the “ruling” theory in Anglo-American law—legal positivism and economic utilitarianism—and asserts that individuals have legal rights beyond those explicitly laid down and that they have political and moral rights against the state that are prior to the welfare of the majority. Mr. Dworkin criticizes in detail the legal positivists’ theory of legal rights, particularly H. L. A. Hart’s well-known version of it. He then develops a new theory of adjudication, and applies it to the central and politically important issue of cases in which the Supreme Court interprets and applies the Constitution. Through an analysis of John Rawls’s theory of justice, he argues that fundamental among political rights is the right of each individual to the equal respect and concern of those who govern him. He offers a theory of compliance with the law designed not simply to answer theoretical questions about civil disobedience, but to function as a guide for citizens and officials. Finally, Professor Dworkin considers the right to liberty, often thought to rival and even preempt the fundamental right to equality. He argues that distinct individual liberties do exist, but that they derive, not from some abstract right to liberty as such, but from the right to equal concern and respect itself. He thus denies that liberty and equality are conflicting ideals. Ronald Dworkin’s theory of law and the moral conception of individual rights that underlies it have already made him one of the most influential philosophers working in this area. This is the first publication of these ideas in book form.
A Book On Contemporary Socio Legal Issues
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Author : Legal Specs
language : en
Publisher: 978-93-5890-857-2
Release Date : 2023-05-15
A Book On Contemporary Socio Legal Issues written by Legal Specs and has been published by 978-93-5890-857-2 this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-15 with categories.
"A Book on Contemporary Socio-Legal Issues" is a thought-provoking and comprehensive exploration of the complex and ever-evolving landscape where society and law intersect. Written by an esteemed legal scholar, this captivating work delves into the pressing challenges and nuanced dynamics that define our modern world. With a meticulous examination of a wide range of socio-legal issues, this book offers a deep understanding of the complexities and implications of the legal framework within society. Through its meticulously crafted chapters, "A Book on Contemporary Socio-Legal Issues" unravels the intricate tapestry of societal challenges. From the complexities of human rights and social justice to the evolving concepts of equality, privacy, and technology, the book addresses the most critical concerns of our time. Drawing upon extensive research and real-life examples, it engages readers in an intellectual journey that encourages critical thinking and sparks meaningful conversations. This book provides a comprehensive analysis of the ever-changing landscape of gender, race, and identity in the context of the law. It explores the challenges faced by marginalized communities, shedding light on issues such as discrimination, access to justice, and the pursuit of equality. Through its empathetic lens, it not only exposes the flaws and biases within existing legal systems but also offers insights into potential solutions and avenues for progress. In addition, "A Book on Contemporary Socio-Legal Issues" dives deep into the transformative impact of technology on our legal framework. It navigates the complexities of data privacy, intellectual property rights, and the ethical dilemmas posed by emerging technologies. By exploring the evolving dynamics between law and technology, the book equips readers with a comprehensive understanding of the challenges and opportunities presented by our rapidly advancing digital age. With its accessible language and well-structured analysis, "A Book on Contemporary Socio-Legal Issues" appeals to a diverse audience. From legal scholars and practitioners seeking advanced insights to concerned citizens interested in understanding the social implications of the law, this book offers a valuable resource. It sparks critical conversations and encourages readers to actively engage in shaping a more just and equitable society. In a world where socio-legal issues are constantly evolving, "A Book on Contemporary Socio-Legal Issues" serves as a guidepost, providing readers with the knowledge and tools needed to navigate the complexities of the modern legal landscape. Whether you are an academic, legal professional, policymaker, or simply a curious reader, this book offers a compelling and comprehensive exploration of the socio-legal challenges that shape our world today.
Emerging Areas Of Human Rights In The 21st Century
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Author : Marco Odello
language : en
Publisher: Routledge
Release Date : 2012-08-15
Emerging Areas Of Human Rights In The 21st Century written by Marco Odello and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-15 with Business & Economics categories.
This book includes a set of studies and reflections that have emerged since the adoption of the Universal Declaration of Human Rights in 1948. Encompassing a number of human rights, such as the right to environmental protection, the right to humanitarian aid, and the right to democratic governance, this collection focuses on issues and areas that were not originally mentioned or foreseen in the Declaration but that have since developed into salient topics. These developing rights are considered in the light of contemporary national and international law, as well as against the wider picture and the contexts in which human rights may have effect. Moreover, the topics covered take in a wide range of research fields, including law, politics and criminology. Emerging Areas of Human Rights in the 21st Century is aimed primarily at undergraduate and postgraduate students, and scholars interested in international law, human rights and politics.
New Essays On The Nature Of Rights
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Author : Mark McBride
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-08-24
New Essays On The Nature Of Rights written by Mark McBride and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-24 with Law categories.
This original collection of jurisprudential essays furthers our understanding of the nature of rights. In Part 1, Halpin considers the value of Hohfeldian neutrality when theorising about law in general, and legal rights in particular, and Kurki focuses on Hohfeld's operative notion of power. In Part 2, Kramer rebuts Wenar's objections to his Interest Theory of rights, and May provides a comparative defence of the Interest Theory against Wenar's Kind-Desire theory of claim-rights. Penner then pursues legal doctrine, focusing on whether judges hold the powers of their office as rights, an issue over which Wenar and Kramer have clashed. Sreenivasan, utilising a novel test case involving pure public goods, argues that the third party beneficiary objection to the Interest Theory is fatal. McBride builds on Sreenivasan's Hybrid Theory of claim-rights to construct his new Tracking Theory of rights. Cruft then argues that the best extant versions of the Interest and Will Theories of rights cannot avoid a form of circularity, and Van Duffel argues that meeting four adequacy constraints, which he proposes, counts in favour of any theory of rights. In Part 3, Andersson proposes a tie breaking procedure for rights conflicts in the applied realm of politics, and Steiner concludes by alleging that Kant's principle of right, a standard of corrective justice, has distributive implications. 'A fine collection of cutting-edge essays on the most important normative concept of modernity.' Professor Leif Wenar, King's College London 'This important collection proceeds much beyond the famous 1998 A Debate Over Rights which sets the stage for the debates concerning rights since then. It explores three aspects of rights. First it re-examines the Hohfeldian classification and highlights its importance and relevance. Second it investigates and develops the debates between the interest and the will theory. It includes essays by the main established proponents of these two positions as well as essays by newcomers to this field. The different essays in this part address each other in ways which sharpen and clarify the disagreements and provide new original arguments for the contending views. Last, it provides a new perspective on the debates concerning conflicts of rights and the ways to overcome them. This collection will no doubt dominate the future conceptual discussions concerning the nature of rights and their role in political theory.' Professor Alon Harel, The Hebrew University of Jerusalem
The Legal Issues Of The Emerging Rights
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Author : Jianzong Yao
language : en
Publisher: Springer Nature
Release Date :
The Legal Issues Of The Emerging Rights written by Jianzong Yao and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
Human Trafficking
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Author : Peter W. Blair (Jr.)
language : en
Publisher: Lawyers & Judges Publishing
Release Date : 2017
Human Trafficking written by Peter W. Blair (Jr.) and has been published by Lawyers & Judges Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Human trafficking categories.
"This book proposes unique solutions to human trafficking in the United States, Australia, and Europe that can be applied elsewhere in the world. It explores the intersection of human trafficking with other phenomena such as cults, drug trafficking, human rights, and gender issues. Importantly, this book unveils the cutting-edge Social Influence Model for admitting evidence of undue influence and coercion into court when trafficking victims find themselves on the wrong side of a prosecution."--Back cover.