Beyond Regulations

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Beyond Regulations

Author : Nancy M. P. King,Gail E. Henderson,Jane Stein
Publisher : UNC Press Books
Page : 294 pages
File Size : 45,5 Mb
Release : 2005-10-12
Category : Medical
ISBN : 9780807876060

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Beyond Regulations by Nancy M. P. King,Gail E. Henderson,Jane Stein Pdf

Across a broad range of disciplines--in medicine, social science, and the humanities--researchers, scholars, teachers, and administrators increasingly are looking for new ways to approach ethical issues in research with human subjects. Questions about how relationships between funders and researchers should affect research design, for example, or whether the potential benefits of research can outweigh the importance of its subjects' interests are inadequately addressed by the prevailing, regulation-based research ethics paradigm. This book constitutes a reexamination of research ethics. It combines case studies and commentaries by a multidisciplinary group of scholars and researchers to explore such topics as informed consent, conflict of interest, confidentiality, and research on illegal behavior. All human subjects research takes place within complex social, cultural, and political contexts, the contributors argue. Increased consideration of the relationships between researchers and their subjects, funders, and institutions within these contexts will facilitate research that is sensitive and responsible as well as scientifically fruitful. Beyond Regulations features a keynote essay by Ruth Macklin. Other contributors are Marcela Aracena Alvarez, Jorge Balan, B. Susan Bauer, Alan F. Benjamin, Lynn Blanchard, Allan M. Brandt, J. Pat Browder, Barbara Entwisle, Sue E. Estroff, Renee C. Fox, Lara Freidenfelds, Gail E. Henderson, Nancy M. P. King, Loretta M. Kopelman, Ernest N. Kraybill, Barry M. Popkin, Silvina Ramos, Desmond K. Runyan, Jane Stein, Ronald P. Strauss, Keith A. Wailoo, and Cynthia Waszak. Across a broad range of disciplines--in biomedicine, the social sciences, and the humanities--researchers, scholars, administrators, and teachers increasingly struggle with questions of ethics in research with human subjects. All research takes place in complex social, cultural, political, and economic contexts; yet the prevailing principle-based research ethics paradigm does not adequately account for them. This book reexamines research ethics using a new relationships paradigm. Through in-depth cases, commentaries, and essays, a multidisciplinary group of scholars and researchers addresses informed consent, conflict of interest, confidentiality, and other issues, considering questions like: What relationships should researchers have with their subjects' communities? When researchers and subjects have different views about research, who should have control? How should relationships between funders and researchers affect research design? Can research be so potentially beneficial that its importance outweighs the interests of subjects? Examining the relationships between researchers and subjects, communities, funders, and institutions--including considerations of authority and voice--can facilitate human subjects research that is morally sensitive and responsible as well as scientifically fruitful.

Beyond Fossil Law

Author : Ted Hamilton
Publisher : Unknown
Page : 128 pages
File Size : 48,5 Mb
Release : 2021-12
Category : Electronic
ISBN : 168219325X

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Beyond Fossil Law by Ted Hamilton Pdf

Global Order Beyond Law

Author : Thomas Dietz
Publisher : Bloomsbury Publishing
Page : 231 pages
File Size : 49,5 Mb
Release : 2014-12-01
Category : Law
ISBN : 9781782253921

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Global Order Beyond Law by Thomas Dietz Pdf

Well-functioning contract law is a crucial prerequisite for economic development. However, even though international trade has increased enormously in recent decades, we still know little about the contract enforcement mechanisms that exist in today's globalised markets. The aim of this work is to shed light on the governance of complex cross-border contracts by developing a comprehensive theoretical framework for understanding the relevance of both formal and informal institutions. This framework is then applied to an empirical study of cross-border software development contracts. Combining a unique data set of 41 qualitative expert interviews with statistical data and surveys, the author demonstrates that state contract laws show fundamental signs of dysfunction across borders. Companies engaged in globalised exchange therefore rarely use this mechanism. Even the European Union's supranational enforcement order is, in practice, insignificant. Against all expectations, international commercial arbitration also turns out to be limited in its ability to provide a workable legal infrastructure for global commerce. With global trade lacking a reliable formal legal order, companies have reacted by creating their own informal governance structures. This book explains how complex exchange in global markets has emerged in the absence of a global legal order.

Beyond Law in Context

Author : David Nelken
Publisher : Routledge
Page : 542 pages
File Size : 52,7 Mb
Release : 2017-09-08
Category : Law
ISBN : 9781351955607

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Beyond Law in Context by David Nelken Pdf

This intriguing collection of essays by David Nelken examines the relationship between law, society and social theory and the various ideas social theorists have had about the actual and ideal 'fit' between law and its social context. It also asks how far it is possible to get beyond this mainstream paradigm. The value of social theorising for studying law is illustrated by specific developments in substantive areas such as housing law, tort law, the law of evidence and criminal law. Throughout the chapters the focus is on the following questions. What is gained (and what may be lost) by putting law in context? What attempts have been made to go beyond this approach? What are their (necessary) limits? Can law be seen as anything other than in some way both separate from and relating to 'the social'? The distinctiveness of this approach lies in its effort to keep in tension two claims. Firstly, that social theorising about legal practices is vitally important for understanding the connections between legal and social structures and revealing what law means and does for (and to) various social actors. The second point is that it does not follow that what we learn in this way can be assumed to be necessarily relevant to (re)shaping legal practices without further argument that pays heed to law's specificity.

Beyond Law and Development

Author : Sam Adelman,Abdul Paliwala
Publisher : Routledge
Page : 258 pages
File Size : 46,9 Mb
Release : 2022-04-27
Category : Law
ISBN : 9781351427487

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Beyond Law and Development by Sam Adelman,Abdul Paliwala Pdf

The book highlights new imaginaries required to transcend traditional approaches to law and development. The authors focus on injustices and harms to people and the environment, and confront global injustices involving impoverishment, patriarchy, forced migration, global pandemics and intellectual rights in traditional medicine resulting from maldevelopment, bad governance and aftermaths of colonialism. New imaginaries emphasise deconstruction of fashionable myths of law, development, human rights, governance and post-coloniality to focus on communal and feminist relationality, non-western legal systems, personal responsibility for justice and forms of resistance to injustices. The book will be of interest to students and scholars of development, law and development, feminism, international law, environmental law, governance, politics, international relations, social justice and activism.

Copyright Beyond Law

Author : Marta Iljadica
Publisher : Bloomsbury Publishing
Page : 328 pages
File Size : 54,7 Mb
Release : 2016-11-17
Category : Law
ISBN : 9781509902019

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Copyright Beyond Law by Marta Iljadica Pdf

The form of graffiti writing on trains and walls is not accidental. Nor is its absence on cars and houses. Employing a particular style of letters, choosing which walls and trains to write on, copying another writer, altering or destroying another writer's work: these acts are regulated within the graffiti subculture. Copyright Beyond Law presents findings from empirical research undertaken into the graffiti subculture to show that graffiti writers informally regulate their creativity through a system of norms that are remarkably similar to copyright. The 'graffiti rules' and their copyright law parallels include: the requirement of writing letters (subject matter) and appropriate placement (public policy and morality exceptions for copyright subsistence and the enforcement of copyright), originality and the prohibition of copying (originality and infringement by reproduction), and the prohibition of damage to another writer's works (the moral right of integrity). The intersection between the 'graffiti rules' and copyright law sheds light on the creation of subculture-specific commons and the limits of copyright law in incentivising and regulating the production and location of creativity.

Beyond the Law

Author : Jordan J. Paust
Publisher : Cambridge University Press
Page : 326 pages
File Size : 41,5 Mb
Release : 2007-09-24
Category : Political Science
ISBN : 0521884268

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Beyond the Law by Jordan J. Paust Pdf

This book provides a detailed exposition of violations of international law authorized and abetted by secret memos, authorizations, and orders of the Bush administration. In particular, it describes why several executive claims were in error, what illegal authorizations were given, what illegal interrogation tactics were approved, and what illegal transfers and secret detentions occurred. It provides the most thorough documentation of cases demonstrating that the president is bound by the laws of war; that decisions to detain persons, decide their status, and mistreat them are subject to judicial review during the war; and that the commander-in-chief power is subject to restraints by Congress.

Venturing Beyond - Law and Morality in Kabbalistic Mysticism

Author : Elliot R. Wolfson
Publisher : Oxford University Press
Page : 400 pages
File Size : 48,8 Mb
Release : 2006-05-25
Category : Religion
ISBN : 9780199277797

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Venturing Beyond - Law and Morality in Kabbalistic Mysticism by Elliot R. Wolfson Pdf

"Venturing Beyond - Law and Morality in Kabbalistic Mysticism is an investigation of the relationship of the mystical and moral viewed through the prism of the kabbalistic tradition. Elliot R. Wolfson's analysis focuses in particular on the multi-layered corpus of Zohar, the major sourcebook of theosophic symbolism that has informed the variegated evolution of kabbalastic thought and practice."--BOOK JACKET.

Beyond Law and Order

Author : Robert Reiner,Malcolm Cross
Publisher : Springer
Page : 266 pages
File Size : 48,5 Mb
Release : 1991-04-12
Category : Social Science
ISBN : 9781349212828

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Beyond Law and Order by Robert Reiner,Malcolm Cross Pdf

Part of a series which explores contemporary sociological issues, this volume examines criminal justice policy and politics in the UK, looking to their development into the 1990s.

Law of the Sea, Caracas and Beyond

Author : Law of the Sea Institute
Publisher : Unknown
Page : 446 pages
File Size : 46,8 Mb
Release : 1975
Category : Law
ISBN : 0884100294

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Law of the Sea, Caracas and Beyond by Law of the Sea Institute Pdf

English law on the high seas and beyond the realm

Author : Francis Taylor Piggott
Publisher : Unknown
Page : 360 pages
File Size : 44,5 Mb
Release : 1907
Category : Citizenship
ISBN : UIUC:30112032782770

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English law on the high seas and beyond the realm by Francis Taylor Piggott Pdf

Meta-Regulation in Practice

Author : F.C. Simon
Publisher : Taylor & Francis
Page : 257 pages
File Size : 40,9 Mb
Release : 2017-06-26
Category : Law
ISBN : 9781315308906

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Meta-Regulation in Practice by F.C. Simon Pdf

Meta-regulation presents itself as a progressive policy approach that can manage complexity and conflicting objectives better than traditional command and control regulation. It does this by ‘harnessing’ markets and enlisting a broad range of stakeholders to reach a more inclusive view of the public interest that a self-regulating business can then respond to. Based on a seventeen year study of the Australian energy industry, and via the lens of Niklas Luhmann’s systems theory, Meta-Regulation in Practice argues that normative meta-regulatory theory relies on questionable assumptions of stakeholder morality and rationality. Meta-regulation in practice appears to be most challenged in a complex and contested environment; the very environment it is supposed to serve best. Contending that scholarship must prioritise an understanding of communicative possibilities in practice, this book will be of interest to undergraduate and postgraduate students, as well as postdoctoral researchers interested in subjects such as business regulation, systems theory and corporate social responsibility. Please visit meta-regulation.com for more insightful information on meta-regulation and Meta-Regulation in Practice.

Counter-Terrorism and Beyond

Author : Andrew Lynch,Nicola McGarrity,George Williams
Publisher : Routledge
Page : 256 pages
File Size : 43,9 Mb
Release : 2010-06-10
Category : Law
ISBN : 9781136958540

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Counter-Terrorism and Beyond by Andrew Lynch,Nicola McGarrity,George Williams Pdf

This book considers the increasing trend towards a ‘culture of control’ in democratic countries. The post-9/11 counter-terrorism laws in nations such as the USA, the UK, Canada and Australia provide a stark demonstration of this trend. These laws share a focus on the pre-emption of crime, restrictions on the right to liberty of non-suspects, limited public access to information, and increased community surveillance. The laws derogate, in many respects, from the ordinary principles of the criminal justice system and fundamental human rights while also harnessing public institutions in the broader project of prevention and control. Distinctively, the contributors to this volume focus on the impact of these laws outside of the counter-terrorism context. The book draws together a range of experts in both public and criminal law, from Australia and overseas, to examine the effect of counter-terrorism laws on public institutions within democracies more broadly. Issues considered include changes to the role and functions of the courts, the expansion of executive discretion, the seepage of extraordinary powers and pre-emptive measures into other areas of the criminal law, and the interaction and overlap between intelligence and law enforcement agencies. Counter-Terrorism and Beyond: The Culture of Law and Justice After 9/11 will be of interest to students and scholars of criminal law, criminology, comparative criminal justice, terrorism and national security, public law, human rights, governance and public policy.

Report

Author : Queensland. Royal commission of inquiry on Mining
Publisher : Unknown
Page : 388 pages
File Size : 52,6 Mb
Release : 1897
Category : Mines of Queensland
ISBN : COLUMBIA:CU50583611

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Report by Queensland. Royal commission of inquiry on Mining Pdf

Beyond the Burning Cross

Author : Edward J. Cleary
Publisher : Random House (NY)
Page : 344 pages
File Size : 40,8 Mb
Release : 1994
Category : Current Events
ISBN : UOM:39015032715065

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Beyond the Burning Cross by Edward J. Cleary Pdf

Here is the story of the controversial landmark decision by the lawyer who took the case all the way to the Supreme Court. Although he detested the crime his client had committed in 1990, Cleary believed First Amendment rights were being threatened. The Supreme Court agreed.