This book combines the approaches of history and criminology to study parricide and non-fatal violence against parents from across traditional period and geographical boundaries, encompassing research on Asia as well as Europe and North America. Parricide and non-fatal violence against parents are rare but significant forms of family violence. They have been perceived to be a recent phenomenon related to bad parenting and child abuse often in poorer socioeconomic circumstances – yet they have a history, which provides insights for modern-day explanation and intervention. Research on violence against parents has concentrated on child abuse and mental illness but, by using a rich array of primary and secondary documents, such as court cases, criminal statistics, newspaper reports, and legal and medical literature, this book shows that violence against parents is also shaped by conflicts related to parental authority, the rise of children’s rights, conflicting economic and emotional expectations, and other sociohistorical factors.
Ce manuel est une première dans la coopération juridique bilatérale entre nos deux pays. Cet ouvrage est destiné à offrir aux étudiants et aux professionnels du droit et de la justice des clés de lecture communes de deux droits souvent donnés comme divergents. L'une de ses richesses majeures est de montrer comment, en dépit de législations, de doctrines juridiques et de pratiques judiciaires différentes, les droits français et russe restent, dans un nombre important de domaines, très proches. Les branches principales des droits public et privé français et russe y sont ainsi abordées les unes à la suite des autres, alternant approches françaises et russes, afin de permettre au lecteur de mieux comprendre le fonctionnement de son propre droit à la lumière du droit de l'autre pays. Plus qu'un instrument de comparaison de nos deux systèmes, ce manuel se veut donc un instrument de coopération juridique entre nos pays, invitant à s'interroger sur ce qui fait le droit et l'identité juridique d'un Etat.
The book analyses the position of the ECtHR which has been more and more confronted with criticism coming from the national sphere, including the judiciary. This culminated in constitutional court judgments declaring a particular ECtHR judgment non-executable, for reasons of constitutional law. Existing scholarship does not differentiate enough between cases of mere political unwillingness to execute an ECtHR judgment and cases where execution is blocked for legal reasons (mainly of constitutional law nature). At the same time, the discussion under EU law on national/constitutional identity limiting the reach of the former has been only loosely linked with the ECHR context. This book presents a new dogmatic concept - 'principled resistance' - to analyse such cases. Taking up examples from the national level, it strives to find out whether the legal reasoning behind 'principled resistance' shows enough commonalities in order to qualify such incidents as expression of a 'new paradigm'.
The book contains 19 national reports and a comparative legal analysis of the legal regulations on the procedure of genome editing on the human germline. It is worked out which shared values the different legal systems connect and which differences exist. On this basis, it is examined whether an international regulation of the topic is possible and how it could be designed. In addition, it will be examined to what extent the regulations of other countries can serve as a model for German legislation.
In the collection of published articles and materials of the participants 10 Congress of the International Association of experts on legislative developments. Presented scientific and practical perspectives on modern legislative process, perspectives and methods of its improvement
From 18 to 21 November 2015, in the Vatican, the Congregation for Catholic Education celebrated the fiftieth anniversary of the Second Vatican Council’s Declaration Gravissimum Educationis and the twenty-fifth anniversary of the Apostolic Constitution Ex Corde Ecclesiae. As part of these celebrations, the Congregation aimed to re-energise the Catholic Church’s commitment to education by means of a World Congress entitled ‘Educating Today and Tomorrow: A Renewing Passion’. The main aim of the Congress was to re-energise the role of Catholic schools and universities that act in the name of the Universal Church. The Congress urged more than 5,000 participants to step up efforts to promote dialogue in times of spiritual poverty, self-referential exclusiveness, harmful spread of ideological viewpoints, and the lowering of the general level of culture.
In line with the aims of the Congress, and under its hospitable auspices, the European Association for Education Law and Policy (ELA) held a special conference. The ELA sessions within the larger Congress focussed mainly on the re-consideration of the role that religion plays in education in general. The main concern of this legal panel, therefore, was the way religious studies, the rights of believers, and non-believers are accommodated in both secular and confessional schools and universities around the world. Thus, the ELA sessions encompassed the transformation and renewal of religion in education in general (not only Catholic education), across various sectors of society.
This issue is a compilation of papers presented at ELA sessions in the Vatican. The papers presented at the ELA sessions were submitted to double blind peer review processes and only the best accepted and selected. The editors are already in possession of a full draft of the manuscript. This draft has been extensively edited for language and coherency already. The contributions composing this issue provide an all-encompassing analysis of the position of religion in education across the globe and how religious distinctiveness in education can be promoted. This volume deals, first, with overarching concepts of accommodating religious distinctiveness at schools and understanding the place of religion in compulsory instruction. Second, it provides important case studies explaining in much detail the various approaches to reconciliation of law and state, religion and education, secularism and diversity that exist in the world.
Although there are books about education and religion on the market, this volume focuses specifically on renewing a passion for protecting religious distinctiveness in increasingly secular societies. Emphasis is placed on how to achieve equality and religious freedom in democratic societies, while focusing on protecting the human dignity of religious adherents (parents and learners/children) through the protection of their religious distinctiveness. The manuscript also compiles the work of several academic experts in law and education and several expert practitioners in law and education (deans, ministers of education etc). The wide spectrum of countries discussed (USA, Europe, Australia, South Africa, South America) provide a holistic picture of religious distinctiveness across the globe. Practical suggestions towards maintaining religious distinctiveness are also provided. What is even more unique is the fact that the manuscript presents various and competing perspectives on religious distinctiveness.
This book seeks to provide a panorama of the issues arising from pluralism in the education system and of judicial responses to them around the globe. In it, thirty-four authors representing many different legal cultures have selected and commented the most significant judicial decisions in each of the jurisdictions analysed. The topics addressed include religious and cultural symbols; faith-based, religious, and citizenship education; freedom of teaching and scientific freedom; homeschooling; authorization, funding and other matters concerning denominational and private schools, among other legal disputes. The reader will easily sense many different ideological orientations throughout the book’s thirty-seven chapters, which is only the result of pluralism itself and of scientific freedom. Nevertheless, the editors believe that all of the authors have inherently favoured the desire to understand the challenges of pluralism and to convey knowledge that is relevant for a public debate rather than defending their own particular point of view. Indeed, facilitating debate might be considered to be the best achievement of a publication of this kind. The book is divided into six parts. The introductory part features a chapter by the editors concerning the implementation and justiciability of the right to education, and a second chapter by Prof. Charles L. Glenn providing an in-depth historical essay on the importance of debates over religion and education. The five remaining parts reflect a geographical division: Part II includes two chapters on international human rights bodies (the European Court of Human Rights and the United Nations Human Rights Committee); parts III to VI group national courts’ decisions by region: Europe, the Americas, Africa, and lastly Asia and Australia.
The use of data in society has seen an exponential growth in recent years. Data science, the field of research concerned with understanding and analyzing data, aims to find ways to operationalize data so that it can be beneficially used in society, for example in health applications, urban governance or smart household devices. The legal questions that accompany the rise of new, data-driven technologies however are underexplored. This book is the first volume that seeks to map the legal implications of the emergence of data science. It discusses the possibilities and limitations imposed by the current legal framework, considers whether regulation is needed to respond to problems raised by data science, and which ethical problems occur in relation to the use of data. It also considers the emergence of Data Science and Law as a new legal discipline.
The concept of ‘employee’ is arguably the most important one in labour law, defi ning, as it does, the scope of the discipline as a whole. This important new publication aims to develop a restatement of the concept of the employee in European labour law. The study identifi es both problems and solutions that have emerged, clearly setting out comparisons between the different member states’ approaches. The country reports explore both statutes and case law, tracking their contribution to legal doctrine. The objective of the restatement is to increase knowledge and gain a better understanding of one of the most crucial aspects of European labour law.
Why has there been a human rights backlash in Russia despite the country having been part of the European human rights protection system since the late 1990s? To what extent does Russia implement judgments of the Strasbourg Court, and to what extent does it resist the implementation? This fascinating study investigates Russia's turbulent relationship with the European Court of Human Rights and examines whether the Strasbourg court has indeed had the effect of increasing the protection of human rights in Russia. Researchers and scholars of law and political science with a particular interest in human rights and Russia will benefit from this in-depth exploration of the background of this subject.
A number of recent events in the last decade have renewed interest in Russian discourses on international law. This book evaluates and presents a contemporary analysis of Russian discourses on international law from various perspectives, including sociological, theoretical, political and philosophical. The aim is to identify how Russian interacts with international law, the reasons behind such interactions, and how such interactions compare with the general practice of international law. It also examines whether legal culture and other phenomena can justify Russia's interaction in international law. Russian Discourses on International Law explains Russia's interpretation of international law thrugh the lens of both leading western scholars and contemporary western-based Russian scholars. It will be of value to international law scholars looking for a better understanding of Russia's behaviour in international legal relations, law and society, foreign policy, and domestic application of international law. Further, those in fields such as sociology, politics, pholosophy, or general graduate students, lawyers, think tanks, government departments, and specialised Russian studies programmes will find this book helpful.
This report summarizes the results of a German-Russian dialogue project, which was implemented and designed by inmedio peace consult gGmbh (Berlin) and the Institute for Law and Public Policy, ILPP (Moscow) and funded by the German Federal Foreign Office under the ‘Expanding Cooperation with Civil Society in the Eastern Partnership Countries and Russia’ Programme. Using a mediative dialogue approach, 20 experts from academia, thinks tanks and NGOs as well as journalists and cultural exchange/dialogue practitioners met near Moscow in September 2018 and in Berlin in November to analyse and reflect on the Russian and Western narratives on what went wrong since the end of the Cold War regarding the deterioration of Russian-Western relations.
The issues of shame, blame, and culpability are scarcely studied in their historical context. Yet such study provides insights into the important contemporary dimensions associated with the perceived collapse of existing forms of punishment and the growing interest in the revival of shame punishments and restorative justice. Thus the history of shame, blame, and culpability speaks to the past history of society, culture, and law – yet it also has an important role in showing contemporary societies how past societies theorized these issues. This volume brings together a range of work by leading writers in the field and engages with the comparative dimensions of shame, blame, and culpability and their fundamentally important impact upon modern multicultural states.
Tracing the use, abuse, and negotiation of the related concepts of shame, blame, and culpability between the 17th and 20th centuries in a number of different geographical locations, this book forms a part of the movement within criminal and legal history to turn the focus away from capital and serious crime to look at the impact of lesser (and more common) criminality which has a daily impact on people’s lives. In studying the interaction of how people understand the boundaries of acceptable behaviour, the volume illustrates perceptions of crime and morality at work in previously unstudied societies at different historical junctures.
Russia has been experiencing the results of an acute economic crisis since 2012. However, the government has not been explicit in its declarations regarding austerity policies. On the contrary, it tends to represent its measures as "normal" and generally justifies cuts to public expenditure and reduced spending as part of a new understanding of the welfare state and socio-economic relations. Nevertheless, there is a clear connection between the crisis and the introduction of conservative discourse and the "traditional values" concept that targets gender equality both in public and private domains.
The Russian case study is exemplary and didactic. As Russia is new to market economics and has never developed a consistent neoliberal agenda, the shift to conservative ideologies came unexpectedly easily. Gender has become a battleground for the government to fight over social problems and austerity measures. Unlike the EU countries, the Russian government does not hesitate to challenge human rights and gender equality, easily shifting the blame to leftist ideologies – primarily feminism – that are held responsible for family instability and the poor state of demography and health. Using the concept of "traditional values" as a cover for increasing austerity measures, the government relies on short-term strategies. However, this shift to conservative public discourse has not been readily accepted by the Russian population, least of all by women. There is clear resistance from various social groups, including women. This resistance is not just taking the familiar form of public protests (although they have been taking place as well), but rather in the form of withdrawal from public space to minimise dealings with the state, a strategy familiar from the Soviet experience of resistance. Therefore, on the surface, Russian public discourse seems to be dominated by officially promoted ideologies, but this does not mean that society just accepts or even implements those ideologies eagerly.
At the same time, there is a clear tendency to follow supranational austerity measures by cutting public spending, amending social security policies, privatising care, and forcing women to return to the double-burden situation in the Soviet-type social contract by openly attacking feminist ideologies, gender equality, and human rights. In this situation, Russian NGOs, especially those with a human rights and gender-sensitive agenda, need more subtle strategies to deal with public policies, starting at the local government level.
A Casebook aims at enhancing language and communicative competences of master students of law through teaching legal textology in English at research workshops as the primary training form. A major aim consists in integrating linguistics, specifically text linguistics, and law. A new teaching methodology employed draws largely on comparative and text linguistics, comparative law, as well as intercultural communication. The selected case-studies address the less elaborated law fields: indirect discrimination at workplace, I-space regulation and IT-fraud as part of cybercrime against the on-going IT advancement. These topics as vaguely defined legal areas with few statutory remedies and insufficient enforcement background are viewed in couple with sociocultural, economic and philosophical factors. A Casebook is designed for LLM students but may draw interest of much wider range of MA students in humanities, as well as their tutors.
Standardization under EU Competition Rules and US Antitrust Laws is a comprehensive and detailed legal analysis of standard-setting procedure and the regulation of standard essential patents. It deals with the competition law aspects of competitors' collaboration to create technical standards, as well as the contentious antitrust issues regarding access to standards and standard essential patents.
The author represents the research project of the Institute of Law and Public Policy (Moscow) concerning the main Russian constitutional principles and the results of their implementation in the past 20 years. On the basis of cognitive methodology and sociological approach he reconstructs the authentic meaning of such principles as pluralism, separation of powers, federalism, the independence of judicial power and guarantees of political rights and freedoms. He demonstrates the possibility to measure the level of constitutional deviances in each of them regarding such areas of constitutional practices as legislation, judicial decisions, administrative influence and the role of informal practices. The balance between constitutional stability and institutional changes is conceptualized as an empirical problem of the constitutional monitoring.
Praised by the Wall Street Journal and many fellow Russian law experts in the 1990s as the Best in the West, Professor William Butler has played a key role in shaping legal developments in the former Soviet Union and in guiding those who practice law in that region.
Twenty-one distinguished international and comparative legal scholars, practitioners, diplomats, judges, and arbitrators from England, Germany, Russia, Sweden, Ukraine, and the United States contribute essays collected in honour of Professor William Butler, assessing his role in the development of legal doctrine, East/West academic and professional relations, legal translation, and legal scholarship generally.
The building of an increasingly integrated system from an economic point of view in the “Eurasian” space is a phenomenon superficially evaluated by that broad part of the Western literature which simply includes it in the general claim of Russia to win lost territories of the former Trsarist and Soviet Empires. It is therefore considered an almost pretentious project when analyzed from a purely geopolitical perspective rather than economic. Such kind of approach may, however, be short-sighted, in the absence of a detailed study of the complex roots or the historical, cultural and economic conditions justifying the integration on the former Soviet Union space, and in particular on the Eurasian one.
The present volume contains the contributions of experts from different disciplines with different sensitivity and national memberships. The hot confrontation between speakers from Ukraine, Poland and Lithuania on the one hand and Russia on the other seems to be constructive, a positive model of interaction between historically and geographically close worlds even if in a period of tough opposition.
A complex analysis of the social and economic consequences of China, Ukraine, and Russia’s accession to the WTO was used to identify recommendations for the most successful adaptation of Russia to WTO standards. Russia tries to adapt to the WTO standards. The study focuses on the Chinese experience. China’s membership in the WTO is extremely useful for Russia from due to China’s positive influence on the development of its economy , as there has been expansion in the industrial and production sectors of its economy and promotion of goods in world markets, as well as an opportunity to use the WTO’s legal instruments for national domestic market protection.
China’s positive experience as a WTO member somehow contrasts with the described experience of Ukraine. An assessment of Ukraine’s versatile policy and its association with the EU allowed concluded that it is impossible for Ukraine to follow two ways at once: that of Eurasian integration and that of European integration.
Recently, the aggravated trade, economic and political confrontations between Russia and its American and European partners spurred radical changes in Russia’s economic strategy. Areas of such transformations can be determined by understanding both the positive and negative experiences of Russia’s old trade partners, namely China and Ukraine as they joined the world economic environment.
Given their relationship to political rhetoric, myths of the Cold War certainly matter today; the legal field is no exception. Although Cold-War studies remains a blooming field, its legal dimensions have not been sufficiently developed. Only recently have legal scholars begun to embark upon research in law and the Cold War and how this area is regarded nowadays, both explicitly implicitly. Preliminary results show that, on both sides of the Iron Curtain, knowledge of law of the ‘Other’ was encapsulated within two main frameworks: ideological and pragmatic. How did these approaches interrelate and influence one another? Can pure knowledge strictly be divided from contextual conditions? The chapters in this volume present retrospective accounts of actors who have been involved in the circulation of knowledge through the Curtain and, also, research on recent political and legal phenomena echoing the Cold-War discourse.