This book offers an in-depth analysis of several national case studies on family violence between the sixteenth and nineteenth centuries, using court records as their main source. It raises important questions for research on early modern Europe: the notion of absolute power; sovereignty and its applicability to familial power; the problem of violence and the possibility of its usage for conflict resolution both in public and private spaces; and the interconnection of gender and violence against women, reconsidered in the context of modern state formation as a public sphere and family building as a private sphere.
Contributors bring together detailed studies of domestic violence and spousal murder in Romania, England, and Russia, abduction and forced marriage in Poland, infanticide and violence against parents in Finland, and rape and violence against women in Germany. These case studies serve as the basis for a comparative analysis of forms, models, and patterns of violence within the family in the context of debates on political power, absolutism, and violence. They highlight changes towards unlimited violence by family patriarchs in European countries, in the context of the changing relationship between the state and its citizens. This book was originally published as a special issue of the Journal of the History of the Family.
Working Title: From Corporate Social Responsibility to Corporate Social Liability
Subtitle: A Socio-Legal Study of Corporate Liability in Global Value Chains
This project is an attempt to challenge the canonical gender concept while trying to specify what gender was in the medieval and early modern world. Despite the emphasis on individual, identity and difference that past research claims, much of this history still focuses on hierarchical or dichotomous paring of masculinity and femininity (or male and female). The emphasis on differences has been largely based on the research of such topics as premarital sex, religious deviance, rape and violence; these are topics that were, in the early modern society, criminal or at least easily marginalizing. The central focus of the book is to test, verify and challenge the methodology and use the concept(s) of gender specifically applicable to the period of great change and transition. The volume contains two theoretical sections supplemented by case-studies of gender through specific practices such as mysticism, witchcraft, crime, and legal behaviour. The first section, "Concepts", analyzes certain useful notions, such as patriarchy and morality. The second section, "Identities", seeks to deepen this analysis into the studies of female identities in various situations, cultures and dimensions and to show the fluidity and flexibility of what is called femininity nowadays. The third part, "Practises", seeks to rethink the bigger narratives through the case-studies coming from Northern Europe to see how conventional ideas of gender did not work in this particular region. The case studies also challenge the established narratives in such well-research historiographies as witchcraft and sexual offences and at the same time suggest new insights for the developing fields of study, such as history of homicide.
Der Zusammenhang zwischen den Begriffen Recht und Gerechtigkeit ist ein zentraler Bestandteil politischer Debatten in Zeiten radikaler sozialer Veränderungen. Das Recht wird in der modernen Wissenschaft als spezifische Form sozialer Organisation definiert und tritt als Wert, Norm und Fakt in Erscheinung. Eine komplexe Betrachtung des Rechts als mehrdimensionales Phänomen ist nur unter Berücksichtigung aller dieser drei konkurrierenden Parameter möglich.Im folgenden Beitrag werden aus der Position der Kognitionstheorie die grundlegenden Parameter von Recht und Gerechtigkeit bei der Lösung von Schlüsselproblemen des gesellschaftlichen Umbaus in der Übergangsperiode vorgestellt.
Authors analize main problems of internaional and national legal regulation and legal practice of combating the financing of terrorism
Handbook on Russian and German Labour law gathers chapters, written by Russian and German academics, covering all important issues of labour and employement law of two countries.
This compendium comprises articles on legal and technological issues of Internet Governance in sphere of human rights prepared by the group of legal and technical scholars of information studies of the Higher School of Economics. This compound is devoted to the workshop on ‘Human Rights on the Internet: legal frames and technological implications’ organized by the Higher School of Economics on the 7th Internet Governance Forum (Baku, Azerbaijan, 6-9 November, 2012).
This compendium comprises transcripts of the two workshops on 'Empowering displaced people and migrants through online services' and 'Free Software and Human Rights on the Internet' organized by the Higher School of Economics on the 8th Internet Governance Forum (Bali, Indonesia, 22–25 October, 2013) and relevant articles on legal and technological issues of Internet Governance in sphere of human rights, prepared by the group of legal and technical scholars of information studies. This compendium is devoted to the 9th Meeting of the Internet Governance Forum held in Istanbul, Turkey, 2–5 September 2014.
The monograph will cover topics on Internet governance and human rights in international law, evolution of the national human rights law in context of the information society and development of the Internet, the right of access to information as a fundamental constitutional right in information society, E-government as a guarantee of the constitutional rights and freedoms, and international experience of Internet use in implementation of constitutional rights. Special part will consider issues of realization of specific constitutional rights and freedoms.
In this monograph, readers will understand the regulatory framework of the Internet, be able to find legal problems in the implementation of constitutional rights and freedoms on the Internet, and learn how to use online sources to justify its position on the issue under consideration.
The volume presents a selection of contributions mostly from the fourteenth annual conference in commemoration of Prof Marco Biagi on Wellbeing at and through work held in Modena (Italy) on 17–18 March 2016. The papers, which form the chapters in this volume, cover a number of countries and a wide range of issues in relation to quality of work and employee well-being including discrimination, harassment, disability, and work-life balance addressing them in an interdisciplinary perspective. Moreover, a number of regulatory approaches ranging from legislative interventions to voluntary measures are analysed in an attempt to cast light on the problem of well-being at work.
History of the slavery and serfdom abolishment in Brasil, USA and Russia. The role of the social movement of liberals, intellectuals and liberal bureaucrats in the preparation of the theoretic vision of the problem and main legal and administrative reforms in the comparative perspective.
The subject of this monograph is intellectual property law in Russia. This study focuses on legal mechanisms of protection of intellectual property rights since, in Russia, legislation is the main source of such rights. Though neither judicial practice nor theses propounded in legal literature are formally considered sources of intellectual property law in Russia, they at times seriously affect court rulings, and so much attention is paid to them in this study in dealing with key issues and points of dispute.
All references to legislation in this monograph are valid as of August 2014, but account is taken of amendments to Part Four of the Civil Code that are due to enter into force on 1 October 2014.
The Working Paper focuses on possible impacts of related technologies, such as machine learning and autonomous vehicles, on international relations and society. The authors also examine the ethical and legal aspects of the use of AI technologies. The present Working Paper of the Russian International Affairs Council (RIAC) includes analytical materials prepared by experts in the field of artificial intelligence, machine learning and autonomous system, as well as by lawyers and sociologists. The materials presented here are intended to contribute to the public dialogue on issues of artificial intelligence and the possible consequences of using this technology.
This course is designed to provide students all the notions and tools necessary for the analysis and performance of complex legal issues related to customs regulation using international legal instruments (agreements, customs conventions and treaties etc). It also provides basis for understanding of international standards of customs regulation and its influence on the Russian Customs legislation and the Customs legislation of EurAsEC Customs Union. The course gives an overview of the main sources of the International Customs Law: ● World Customs Organization international conventions — on the simplification and harmonization of Customs procedures (Kyoto Convention); on the ATA carnet for the temporary admission of goods; on the Harmonized Commodity Description and Coding System; on Temporary Admission (Istanbul Convention) etc.; ● UN customs conventions — on the International Transport of goods under cover of TIR carnets (TIR Convention); ● bilateral treaties on cooperation in customs area etc.
The book examines the use of the corporate structure for different types of enterprise and the relationships, rights and duties of the various parties involved in the corporation. Consideration is given to many of the important legal issues that arise from the daily operation of companies. The book considers the legal regulation of business organizations, concentrating on private limited companies. It explores the differences between companies and other business organizations, considers the formalities involved in establishing a company; the processes through which a company is administered and financed; and the allocation of responsibilities and powers among company personnel. It covers a selection of the main topics of English company law: types of business association;introduction to companies and company law; separate personality and lifting the veil of incorporation; company formation and constitutional documents; disclosure; shares and their transfer; organs and officers; management and meetings; binding the company; director's duties; shareholder remedies; control of maladministration; criminal responsibility of companies; corporate governance; history and reform. The text is designed for use in Business Law courses and double-degree Bachelor's programmes. It may also be readily adapted to specially designed courses in Business English.
As a tribute to their academic teacher and to further his interests, the students of Prof. Dr. Laurent Waelkens collected fifteen scholarly contributions on ius commune graeco-romanum, written by academics from eleven different countries, mainly but not exclusively from Eastern Europe. The book consists of three main parts. In the first part, four authors focus on the Graeco-Roman law in the Roman Empire itself. In the second part, five contributions concern the influence of Graeco-Roman law outside of the Byzantine Empire. The six contributions of the third and final part study the impact of the Western ius commune tradition on Eastern European countries. Thus, the volume highlights the continued importance of the study of Roman law for the understanding of our common pan-European legal heritage.
This fascinating new book dissects, from a Competition law perspective, how Research and Development collaborations operate under both US and EU antitrust law. Analyzing the evolution of this innovation landscape from the 1970s to the present day, Blomqvist details the modifications and amendments made over this time to the relevant legal acts and guidelines. In doing to, the author picks up on the slow shift that has taken place in both the antitrust laws of the USA and the Competition Rules of the EU. The book concludes by discussing the necessity for a stringent attitude towards the antitrust establishment, and how this can be developed by reviving the concept of the ‘innovation market’.
This book covers the challenges posed by digitalisation of labour markets in different countries of the world (a number of EU counties, Russia, Belarus, India, Arab countries and China). The authors address such aspects of digitalisation as: (1) the impact of new technologies in the labour market; (2) the impact of new technologies in the employees’ private life; and (3) the impact of new technologies on the labour process.
The book is based primarily on contributions made to the Asian-European Labour Forum (AELF) set up by the Friedrich-Ebert-Stiftung (FES) in 2009. The Forum convenes some 30 researchers from various Asian and European labour research institutes, labour training institutes and think tanks related to trade unions. The research questions initiated at the first Forum meeting concerned the search for policies to reduce inequality and provide equitable living and working conditions within a common need for sustainable economic and social growth. To that end, the activity of the AELF focused on elaborating national experience with minimum wage setting and trends in income inequality. In addition, the potential of trade unions and the scope of collective bargaining at national level were assessed and evaluated as were the economic policy stances of the respective governments.
AELF meetings took place in Düsseldorf (2009), Ha Long – Vietnam (2010), Oslo (2011), Seoul (2012) and Amsterdam (2013), co-organised with the FES and hosted by respectively the WSI within the Hans-Böckler-Stiftung; the Institute for Workers and Trade Unions (VGCL); the FAFO Institute for Labour and Social Research; the Research Centers of the Korean trade union confederations, FKTU and KCTU; and the Amsterdam Institute for Advanced labour Studies (AIAS) - University of Amsterdam. At the Amsterdam 2013 meeting it was agreed that the written contributions to the Forum should be edited and, together with comparative chapters on Asia and Europe, should be offered for publication and a wider audience. In keeping with the discussions at Forum meetings, the book offers a critical perspective on wage-setting institutions, collective bargaining and economic development. It focusses in particular, on the role and effectiveness of (statutory) minimum wages in the context of national trends in inequality, economic development, and social security systems. The book contains 16 country chapters comprising: eight Asian countries, namely: China, Vietnam, (South) Korea, Japan, Pakistan, India, Indonesia and Thailand, and eight European countries or country groupings, namely: France, Italy, Germany, the Netherlands, the Nordic countries, Central and Eastern Europe, the United Kingdom, and the Russian Federation. These country chapters, all written by AELF participants except for an additional contribution on China, reflect their contributions at the various meetings of the Forum but all have been updated to include the latest data available.
Chapters 1 and 10, on Asia and Europe, compare and contrast national experiences in order to highlight the overall lessons that can be drawn in a number of crucial policy areas. To this end, the authors have gone beyond a simple assessment of the impact minimum wages may have made on the prevalence of low pay at country level. Discussion and inputs to various meetings of the Forum also focused on minimum wage setting and inequality trends as well as on the relevance of a redistributive wages policy for worldwide as well as national economic recovery. This enabled the authors to explore demand- or wage-led economic recovery as an alternative to the export-led strategies currently pursued by countries such as China, Japan and Korea in Asia and notably Germany and the Netherlands in Europe. To provide important context they have also drawn upon the trends in trade union activity and collective bargaining coverage that are presented in the individual country chapters.
In light of the slow pace of recovery from the recession induced by the financial crash of 2008-09 that has characterized much of the European Union it is timely to reconsider macroeconomic policy options. The fact that fears of deflation have latterly surfaced in Europe and that the previous soaring growth rates of China and India amongst others, have also significantly weakened whilst Japan has gone into recession, all suggest that the dominant macroeconomic growth policies, whether export led or debt fuelled, are failing to support a sustainable economic recovery. At the same time, as shown in the comparative and country chapters, short-term ‘austerity’ policies have, if anything, added to rising inequality and contributed a further twist to the downward spiral of falling consumer demand. Against this context, the need for a redistribution and rebalancing of income and wage share becomes compelling not just in Europe but also in the fast growing economies elsewhere.
As with any international comparative study, it is important to acknowledge differences in levels of economic and social development, institutions of governance, culture and history. That said, the subject matter of the book, namely the enduring problems of low pay, rising inequality and inadequate economic and social policy responses, do seem to be common across all of the countries represented. Similarly, the weakening of trade union influence and the declining coverage of collective bargaining are characteristic of the last couple of decades in virtually all the countries surveyed. It is hard to avoid the conclusion that irrespective of country, the ‘workers’ voice’ has been systematically choked off and the scope for collective action increasingly constrained in the pursuit of neo-liberal economic policy. As the book shows, the results of this confluence are neither supportable from a social point of view- the failure to arrest rising inequality, nor, from an economic view point -- the very slow recovery from the 2008-09 crisis and current fears of deflation being ample testimony here.
It follows that whilst the authors acknowledge the relevance of policies limiting the surge in top incomes such as those recently emphasized by Thomas Piketty and others, the emphasis in the book is on the equally urgent need for more comprehensive demand-led macroeconomic policies. Specifically from a labour perspective, to overcome the economic crisis and reduce inequality in both Asia and Europe, such policies should be grounded on free collective bargaining and, if feasible, well-designed minimum wage-setting systems, and supported by the expansion and strengthening of social protection.