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Taking Life and Death Seriously: Bioethics from Japan (Advances in Bioethics) (Advances in Bioethics)

By Takao Takahashi

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[li]Publisher:  JAI Press [/li][li]Number Of Pages:  333 [/li][li]Publication Date:  2005-08-24 [/li][li]ISBN-10 / ASIN:  0762312068 [/li][li]ISBN-13 / EAN:  9780762312061 [/li][li]Binding:  Hardcover [/li]

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Book Description:
Full-scale Bioethics research began in America around 1970, a decade later America introduced it into Japan. More recently Japanese researchers have realised the growing necessity to evaluate Bioethics more objectively. The principles and policies concerning Bioethics differ between countries. In particular, considerable discrepancies have been occurring between Japanese medical practices and the principles of Bioethics originally imported from America. This has lead to the need for a close investigation into the Japanese approach to Bioethics.
Despite this however, there are currently only a few researchers studying the Japanese approach to Bioethics. This interdisciplinary anthology uniquely provides a significant examination of the 'Bioethics from Japan' by considering Japanese views from various aspects, such as life and death, dignity, family and care. The authors of this volume believe that in establishing their own approach to Bioethics each country will increase the practicality of this discipline and, by doing so, will aid the search for the universal elements in Bioethics.
The members of the Kumamoto University Bioethics Research Group have published a number of books on Bioethics in Japan over the past decade and in doing so have been preparing for the production of this anthology. The contributors of this volume are both current and former faculty members at Kumamoto University; a well-known institute for Minamata Disease and the volume contains essays written specifically in relation to this area of research.

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Toward a Critique of Guilt : Perspectives from Law and the Humanities (Studies in Law, Politics, and Society)

By Matthew Anderson

[li]Publisher:  JAI Press [/li][li]Number Of Pages:  156 [/li][li]Publication Date:  2005-07-06 [/li][li]ISBN-10 / ASIN:  0762311894 [/li][li]ISBN-13 / EAN:  9780762311897 [/li][li]Binding:  Hardcover [/li]

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Book Description:
This special volume of Studies in Law, Politics, and Society takes up a subject of an enormous import for law and legal scholarship, Guilt. At the center of our belief in law is the hope and expectation that law can differentiate the guilty from the innocent. But as the articles in this volume show law's relationship to guilt is more complex and vexed than that. Law constitutes us as guilty subjects and law itself is a guilty subject. The articles in this volume explore law's guilt about literature, various domains in which bodies of guilt appear, and historical perspectives on the subject of guilt. Taken together they exemplify the way interdisciplinary scholarship opens up new questions and new avenues of inquiry about the social and cultural life of law.

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Robert Jones, Internet Forensics

ISBN 0-596-10006-X | 2005 Year | CHM | 0,8 Mb | 238 Pages

Because it's so large and unregulated, the Internet is a fertile breeding ground for all kinds of scams and schemes. Usually it's your credit card number they're after, and they won't stop there. Not just mere annoyances, these scams are real crimes, with real victims. Now, thanks to Internet Forensics from O'Reilly, there's something you can do about it. This practical guide to defending against Internet fraud gives you the skills you need to uncover the origins of the spammers, con artists, and identity thieves that plague the Internet. Targeted primarily at the developer community, Internet Forensics shows you how to extract the information that lies hidden in every email message, web page, and web server on the Internet. It describes the lengths the bad guys will go to cover their tracks, and offers tricks that you can use to see through their disguises. You'll also gain an understanding for how the Internet functions, and how spammers use these protocols to their devious advantage. The book is organized around the core technologies of the Internet-email, web sites, servers, and browsers. Chapters describe how these are used and abused and show you how information hidden in each of them can be revealed. Short examples illustrate all the major techniques that are discussed. The ethical and legal issues that arise in the uncovering of Internet abuse are also addressed. Not surprisingly, the audience for Internet Forensics is boundless. For developers, it's a serious foray into the world of Internet security; for weekend surfers fed up with spam, it's an entertaining and fun guide that lets them play amateur detective from the safe confines of their home or office.

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Take Charge of Your Workers' Compensation Claim: An A to Z Guide for Injured Employees in California (Take Charge of Your Workers' Compensation Claim, 4th ed) by Christopher A. Ball, Bethany K. Laurence

Publisher: Nolo.com; 4th edition (March 2003) | ISBN: 0873379098 | PDF | 5 Mb | 400 pages

From industrial injuries to Carpal Tunnel Syndrome, more than a million Californians a year suffer job-related injuries or illness. For many, receiving compensation can be a nightmare.
This book shows you how to handle a California workers' compensation claim from start to finish. Let it guide you through the process of handling your claim from start to finish. Find out how to:
*file a claim
*protect your legal rights
*receive the medical care you need
*get the benefits you're entitled to
*deal with uncooperative employers, doctors and insurance agencies
*negotiate a settlement
*present your case before a judge
It includes all the forms you need with step-by-step instructions to filling them out. The 4th edition provides new information regarding increases in permanent and temporary disability benefits, life pensions and death benefits, as well as tips on dealing with repetitive strain injuries.

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Crime and Punishment, Volume 37: Perspectives from the Humanities

(Studies in Law, Politics, and Society)

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By Austin Sarat

[li]
Publisher:  JAI Press
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Number Of Pages:  344
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Publication Date:  2005-12-15
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ISBN-10 / ASIN:  0762312459
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ISBN-13 / EAN:  9780762312450
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Binding:  Hardcover
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Book Description:

Volume 37 of Studies in Law, Politics, and Society presents a special volume devoted to exploring humanistic perspectives on the subject of punishment. Drawing together a distinguished group of interdisciplinary scholars, it explores the way "deviant" subjects are constructed and made available for punishment, the philosophical context within which decisions about punishment are made, and the inner workings of the penal apparatus. Diverse in their theoretical inspirations and approaches, the articles published here represent a significant advance in our understanding of the complex intersections of punishment, politics, and culture.

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Constituting Empire: New York and the Transformation of Constitutionalism in the Atlantic World, 1664-1830

(Studies in Legal History)

By Daniel J. Hulsebosch

[li]
Publisher: The University of North Carolina Press
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Number Of Pages: 504
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Publication Date: 2005-10-31
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ISBN-10 / ASIN: 0807829552
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ISBN-13 / EAN: 9780807829554
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Binding: Hardcover
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Book Description:

According to the traditional understanding of American constitutional law, the Revolution produced a new conception of the constitution as a set of restrictions on the power of the state rather than a mere description of governmental roles. Daniel J. Hulsebosch complicates this viewpoint by arguing that American ideas of constitutions were based on British ones and that, in New York, those ideas evolved over the long eighteenth century as New York moved from the periphery of the British Atlantic empire to the center of a new continental empire.

Hulsebosch explains how colonists and administrators reconfigured British legal sources to suit their needs in an expanding empire. In this story, familiar characters such as Alexander Hamilton and James Kent appear in a new light as among the nation's most important framers, and forgotten loyalists such as Superintendent of Indian Affairs Sir William Johnson and lawyer William Smith Jr. are rightly returned to places of prominence.

In his paradigm-shifting analysis, Hulsebosch captures the essential paradox at the heart of American constitutional history: the Revolution, which brought political independence and substituted the people for the British crown as the source of legitimate authority, also led to the establishment of a newly powerful constitution and a new postcolonial genre of constitutional law that would have been the envy of the British imperial agents who had struggled to govern the colonies before the Revolution.

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Bioethics in Law

By Bethany Spielman

[li]Publisher: Humana Press [/li][li]Number Of Pages: 186 [/li][li]Publication Date: 2006-12-04 [/li][li]ISBN-10 / ASIN: 158829434X [/li][li]ISBN-13 / EAN: 9781588294340 [/li][li]Binding: Paperback [/li]

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Book Description:

This groundbreaking volume is the first to analyze how and to what extent bioethics considerations influence today's judges. Previous books have attended to the law that governs bioethics problems, but Bioethics in Law is the first to examine when and how bioethical issues impact judicial reasoning and decision-making.

The author undertakes careful analysis of health care committee recommendations, institutional review board determinations, bioethics commission reports, bioethics research materials, briefs of bioethics amicus curiae, and bioethics expert testimony that has been used in legal proceedings during the last decade. Through such examination, Bioethics in Law is able to offer critical insight into the ways that judges have invited, accepted, relied on, followed, critiqued, ignored, rejected, overridden, transformed, and otherwise responded to bioethics communications. This volume is the on the cutting-edge of the relationship of bioethics to law, and explores how law receives, assesses, and uses bioethics. Unlike previous treatments, which perceive the relationship between law and bioethics in an abstract or idealized sense, this book presents actual communications that have found their way to law, and then analyzes their effect on judicial outcomes.

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The Study of the Law

By William Jethro Brown

This is the Inuagural Lecture delivered in the University College of Wales, 19 October 1901, published in 1902 by Stevens & Sons, Ltd.
Brown dedicates this talk to Frederick W. Maitland, his friend and mentor.
Jethro Brown was an important Asutralian jurist (1868-1930) who made significant contributions to the development of Australian law and law education, most notably in Tasmania.

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Sociological Theory and Criminological Research, Volume 7

(Sociology of Crime Law and Deviance)

By Mathieu Deflem

[li]Publisher:  JAI Press [/li][li]Number Of Pages:  302 [/li][li]Publication Date:  2006-08-15 [/li][li]ISBN-10 / ASIN:  0762313226 [/li][li]ISBN-13 / EAN:  9780762313228 [/li][li]Binding:  Hardcover [/li]

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Book Description:
The contributions in this volume highlight the value of sociological theorizing in various strands of criminological research. The chapters present concrete analyses and discussions of how sociological theory has been useful to the respective authors efforts in criminological research. Collectively they aim to show that some of the very best criminological work is informed in useful and varied ways by sociological theory. Revealing the global reach and nationally distinct variations in the practice of sociological theory and criminology, this volume is explicitly trans-Atlantic in terms of its contributors and the topics and theories they discuss.

This book offers ten informative chapters as well as two commentaries, written by some of the leading practitioners of criminological theory and research today. Among the theoretical traditions discussed in this book are a range of perspectives, including macro and micro models as well as theories of criminal behavior and perspectives of social control. The empirical aspects of crime and criminal justice to which these theories are applied are likewise varied and, importantly, drawn from concrete socio-historical settings in multiple nations. The chapters reveal the breadth and depth of criminological sociology in its explicit and informed reliance on insights from sociological theory.

*Discusses the usefulness of sociological theory in criminological research
*Includes international contributors for a multinational perspective

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Studies in Law, Politics, and Society
By Austin Sarat

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[li]Publisher:  JAI Press [/li][li]Number Of Pages:  130 [/li][li]Publication Date:  2006-07-17 [/li][li]ISBN-10 / ASIN:  0762313234 [/li][li]ISBN-13 / EAN:  9780762313235 [/li][li]Binding:  Hardcover [/li]

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Book Description:
This volume of STUDIES IN LAW, POLITICS, AND SOCIETY presents a diverse array of articles by an interdisciplinary group of scholars. Their work covers political science, policy studies, and law. Some of the articles published in this issue focus on the sources of conflict and violence as well as law's response to both. Here research illustrates the complex ways law can be said to be both opposed to violence and yet be violent itself. Other articles focus on the way judges and other legal actors use law as they interpret it. Taken together they exemplify the exciting and innovative work now being done in interdisciplinary legal scholarship.

*An interdisciplinary volume that discusses political science, policy science and law
*Divided into two parts: Conflict, Violence, and Legal Processes; and Deciding Cases, Charting Progress
*Uses case law examples to examine issues
*Online availability at ScienceDirect

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African Yearbook of International Law 2002

By Abdulqawi A. Yusuf

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[li]Publisher: Brill Academic Publishers [/li][li]Number Of Pages: 776 [/li][li]Publication Date: 2004-04 [/li][li]ISBN-10 / ASIN: 9004138722 [/li][li]ISBN-13 / EAN: 9789004138728 [/li][li]Binding: Hardcover [/li]

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Book Description:

The African Yearbook of International Law provides an intellectual forum for the systematic analysis and scientific dissection of issues of international law as they apply to Africa, as well as Africa's contribution to the progressive development of international law. It contributes to the promotion, acceptance of and respect for the principles of international law, as well as to the encouragement of the teaching, study, dissemination and wider appreciation of international law in Africa. A clear articulation of Africa's views on the various aspects of international law based on the present realities of the continent as well as on Africa's civilization, culture, philosophy and history will undoubtedly contribute to a better understanding among nations.
The African Yearbook of International Law plays an important role in examining the tensions underlying the State in Africa, and by shedding more light on the causes of the fragility of African state institutions so as to facilitate the identification of appropriate remedies. The tension and interrelationships among issues such as territorial integrity, self determination, ethnic diversity and nation-building are constantly addressed. Development, human rights and democratization in Africa are also subject of continuous attention and examination.

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Law And Practice Of The United Nations

(Legal Aspects of International Organization)

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By Benedetto Conforti

[li]Publisher: Brill Academic Publishers [/li][li]Number Of Pages: 328 [/li][li]Publication Date: 2004-11-30 [/li][li]ISBN-10 / ASIN: 9004143084 [/li][li]ISBN-13 / EAN: 9789004143081 [/li][li]Binding: Hardcover [/li]

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Book Description:
This volume is the up-to-date English version of the fifth Italian edition of a textbook on the United Nations which was first published in 1971 by CEDAM (Padua). The book aims to provide a comprehensive legal analysis of problems concerning membership, the structure of U.N. organs, their functions and their acts taking into consideration the text of the Charter, its historical origins, and, particularly, the practice of the organs. Developments in United Nations practice subsequent to 1971 have obviously been taken into account. As a general working criterion, the more recent practice has been added to the pre-existing one, rather than substituting it, even when past practice may appear to be obsolete. Indeed one of the aims of the book is to trace the `story' of the United Nations from its birth precisely through an analysis of the practice. Moreover, since the Charter has never undergone any substantive modifications, one cannot exclude that what may appear to be old and obsolete today could become of current interest in the future. For this reason the examination of former practice will sooner or later become useful to anyone seeking to interpret the Charter.

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The Law of the Sea: Selected Writings

(Publications on Ocean Development; Volume 45)

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By Budislav Vukas

[li]Publisher: Brill Academic Publishers [/li][li]Number Of Pages: 359 [/li][li]Publication Date: 2004-06-30 [/li][li]ISBN-10 / ASIN: 9004138633 [/li][li]ISBN-13 / EAN: 9789004138636 [/li][li]Binding: Hardcover [/li]

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Book Description:
These collected essays reflect the development of the author's views as well as the evolution of the law of the sea itself since the beginning of the Third United Nations Conference on the Law of the Sea. After an introductory chapter, the author, Judge at the International Tribunal for the Law of the Sea in Hamburg, describes and analyzes topics such as the sources of the law of the sea, the relation of the law of the sea to other fields of international law, maritime delimitation, natural resources and navigation, as well as military uses of the sea, the protection of marine environment, enclosed and semi-enclosed seas and the settlement of disputes. The papers reproduced in this volume (some of which in French) will be of interest to both academics and professionals interested in the law of the sea and its institutions.

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Universalising International Law

(Developments in International Law, V. 48)

By C. G. Weeramantry

[li]Publisher: Brill Academic Publishers [/li][li]Number Of Pages: 538 [/li][li]Publication Date: 2004-02 [/li][li]ISBN-10 / ASIN: 9004138382 [/li][li]ISBN-13 / EAN: 9789004138384 [/li][li]Binding: Hardcover [/li]

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Book Description:
Universalising international law is one of the most urgent tasks awaiting those who wish to advance the discipline. Though all the world acknowledges its universal nature, it has long been confined in a largely monocultural mould. Indeed a tendency is sometimes discernible for international law to be compartmentalised and to function within a close cabinet of technical rules little known to those outside the ranks of specialists.
This volume looks initially at some general aspects of universalisation. It thereafter adopts a universalist approach to some of the sources of international law and it deals with peace, the bedrock of international law, which likewise requires a universalist approach.
It is hoped that these studies will highlight the imperative need that now exists for extending the conceptual framework of international law, thereby buttressing its moral authority and widening its appeal at a time when universal acceptance of international law is one of the most pressing demands of the international system.

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Towards an International Law of Co-Progressiveness

(Developments in International Law, V. 47)

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By Sienho Yee

[li]Publisher: Brill Academic Publishers [/li][li]Number Of Pages: 320 [/li][li]Publication Date: 2004-05 [/li][li]ISBN-10 / ASIN: 9004138293 [/li][li]ISBN-13 / EAN: 9789004138292 [/li][li]Binding: Hardcover [/li]

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Book Description:
Centered on progressiveness, these essays rigorously address some philosophical, conceptual and structural issues relating to the international legal system, the International Court of Justice (ICJ) and the international criminal tribunals. These include: the concept of the international law of co-progressiveness, opinio juris and customary international law, the rule of law, the interpretation of the ICJ Statute, law and expedience at the ICJ, the relationship between the International Criminal Court and the Security Council, the definition of crimes against humanity, guilty plea fairness, defenses to international crimes, constitutions of international organizations, September 11 and international law, international experiment in national constitution-making, discretionary function and foreign sovereign immunities, and the concept of human rights in Asia. This book is valuable to critical thinkers and scholars in international law and relations, policy-makers and international judges, practitioners and NGO advocates.
This collection includes fourteen essays both new and previously published in fine journals such as European JIL (Oxford), ICLQ (Oxford), German YIL, Max Planck YUNL, Columbia LR, Leiden JIL (Cambridge) and Chinese JIL.

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The Power of Language in the Making of International Law: The Word Sovereignty in Bodin and Vattel and the Myth of Westphalia

(Developments in International Law, V. 46)

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By Stephane Beaulac

[li]Publisher: Brill Academic Publishers [/li][li]Number Of Pages: 214 [/li][li]Publication Date: 2004-03 [/li][li]ISBN-10 / ASIN: 9004136983 [/li][li]ISBN-13 / EAN: 9789004136984 [/li][li]Binding: Hardcover [/li]

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Book Description:
The purpose of this book is to enter into the history of the mental-social phenomena that are the word sovereignty and the myth of Westphalia. Given the circularity of language, the project proposes to examine the reality-creating role of language, as an organic instrument of social power within humanity. In semiotic terms, the complex structures of words and also myths form part of sign-systems in which they can both represent and create reality. These are the passive and active functions of language, which explain that words and myths not only represent and describe reality but may also play a leading part in creating and transforming reality, thus demonstrating and being used to carry fabulous power within humanity.
The Peace of Westphalia is analysed to show that, in spite of what actually took place in 1648, Westphalia has had an incredible social effect in international law, standing for the proposition that it signalled the beginning of a new era based on state sovereignty. However, it is argued that Westphalia constitutes a myth, an aetiological myth, which has provided a way for society to explain itself to itself, that is, a way for international society to explain its genesis to itself. As regards sovereignty, it is shown that Jean Bodin introduced the word in Six Livres for the purpose of having the French ruler enjoy supreme power in the hierarchical organisation structure of society. This is the original creative and transforming social effect on the shared consciousness of humanity for which the linguistic sign must be credited, which has continued, unaltered, to this day. With respect to Droit des Gens, it is demonstrated that Emer de Vattel utilised and actually changed th! e reality associated with sovereignty also for a specific reason, namely, to carry out its externalisation — the ruling entity was now to enjoy exclusive power to govern, which entailed being the sole representative of the people both internally and externally, and also meant that it could not be submitted to any foreign state or to any higher law externally. Vattel's use of the word has had an extraordinary effect on the shared consciousness of society, including that of the emerging international society, which is still very much present today. These two archetype cases in which `sovereignty' developed show how this word has really had two paradigms over the years, that is, it has represented and created the two distinct realities of the internal and the international.

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Disabled Children And the Law: Research And Good Practice

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By Janet Read, Luke J. Clements, David Ruebain

[li]Publisher: Jessica Kingsley Publishers [/li][li]Number Of Pages: 304 [/li][li]Publication Date: 2006-04-15 [/li][li]ISBN-10 / ASIN: 1843102803 [/li][li]ISBN-13 / EAN: 9781843102809 [/li][li]Binding: Paperback [/li]

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Counsel in the Caucasus: Professionalization and Law in Georgia (Law in Eastern Europe)

By Christopher P. M. Waters

[li]Publisher: Brill Academic Publishers [/li][li]Number Of Pages: 206 [/li][li]Publication Date: 2004-04 [/li][li]ISBN-10 / ASIN: 9004139478 [/li][li]ISBN-13 / EAN: 9789004139473 [/li][li]Binding: Hardcover [/li]

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Book Description:
This book traces the development of the rule of law in Georgia since its independence and speculates on its future direction. It does so by focusing on changes in the legal profession after 1991. Intriguingly, the book, which is based on extensive field-work, concludes that culture and informal regulation are key to understanding how Georgian lawyers are governed, or rather govern themselves. Indeed, for several years after independence from the Soviet Union there was no functioning law on attorneys; informal regulation, based on the importance of reputation and networks, was the only sort of regulation. Other topics addressed in the book include Georgia's legal history, its current human rights situation, theories of professionalization, and the link between law and development. The book also compares the Georgian experience to that country's South Caucasian neighbors—Armenia and Azerbaijan—thus rounding the book out as a regional study.

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State Failure, Sovereignty And Effectiveness: Legal Lessons from the Decolonization of Sub-Saharan Africa (Developments in International Law, Vol. 50)


By Gerard Kreijen

[li]Publisher:  Brill Academic Publishers [/li][li]Number Of Pages:  386 [/li][li]Publication Date:  2004-05 [/li][li]ISBN-10 / ASIN:  9004139656 [/li][li]ISBN-13 / EAN:  9789004139657 [/li][li]Binding:  Hardcover [/li]

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Book Description:
This comprehensive study of State failure upholds that the collapse of States in sub-Saharan Africa is a self-inflicted problem caused by the abandonment of the principle of effectiveness during decolonization. On the one hand, the abandonment of effectiveness may have facilitated the recognition of the new African States, but on the other it did lead to the creation of States that were essentially powerless: some of which became utter failures.
Written in a style both provocative and unorthodox and using convincing arguments, this study casts doubt on some of the most sacred principles of the modern doctrine of international law. It establishes that the declaratory theory of recognition cannot satisfactorily explain the continuing existence of failed States. It also demonstrates that the principled assertion of the right to self-determination as the basis for independence in Africa has turned the notion of sovereignty into a formal-legal figment without substance.
This book is a plea for more realism in international law. Pensive pessimists in the tradition of Hobbes will probably love it. Idealists in the tradition of Grotius may hate it, but they will find it very difficult to reject its conclusions.

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International Law And Sustainable Development: Principles And Practice (Developments in International Law)


By Bruno Simma, Nico Schrijver, Friedl Weiss

[li]Publisher:  Brill Academic Publishers [/li][li]Number Of Pages:  711 [/li][li]Publication Date:  2004-12-31 [/li][li]ISBN-10 / ASIN:  9004141731 [/li][li]ISBN-13 / EAN:  9789004141735 [/li][li]Binding:  Hardcover [/li]

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