Norms And Illegality

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Norms and Illegality

Cristiana Panella,Walter E. Little
Norms and Illegality Book PDF

Author : Cristiana Panella,Walter E. Little
Publisher : Rowman & Littlefield
Page : 229 pages
File Size : 53,7 Mb
Release : 2021-05-06
Category : Social Science
ISBN : 9781793646316

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Norms and Illegality by Cristiana Panella,Walter E. Little Pdf

Norms and Illegality: Intimate Ethnographies and Politics explores liminal and illegal practices in relation to political control and cultural normativity. The contributors draw on years of ethnographic experiences in Greece, Guatemala, Hong Kong, Italy, Madagascar, Mali, Philippines, and Thailand to study the contradictions of what is legal and illegal. They explore the production of illegal subjects by the state, the creation of illegal and normative values by liminal and illegal actors, and the mutual entanglements of legal and illegal in the public domains of markets and trade networks. This volume shows that criminalization policies are not necessarily oriented toward erasing crime. Instead, the contributors maintain that opaque spaces ensure the efficacy of control and outwardly conform to the rhetoric and ethics of global neoliberalism. Within these contexts, the contributors shed light on moral economies and frames of value entailed in systems of representation that have been set up by individuals who are deemed illegal, liminal, or deviant in their confrontations with the state. This book is recommended for students and scholars of anthropology, political science, and urban studies.

Evading International Norms

Zoltan Buzas
Evading International Norms Book PDF

Author : Zoltan Buzas
Publisher : University of Pennsylvania Press
Page : 328 pages
File Size : 45,5 Mb
Release : 2021-01-01
Category : Political Science
ISBN : 9780812252699

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Evading International Norms by Zoltan Buzas Pdf

How do states violate human rights norms after legalization? Why are these violations so persistent? What are the limits of legalization for protecting human rights norms? Conventional wisdom offers a variety of answers to these questions, but most often they conflate laws and norms and focus only on state actions that violate both. While this focus is undoubtedly valuable, it does not capture cases in which states violate human rights norms without technically violating the law. Norm breakers are not necessarily lawbreakers. Focusing exclusively on norm violations that are illegal obscures the possibility that agents could violate norms in a legal manner, engaging in actions that are awful but lawful. Presenting rich case studies of the French expulsion of Roma immigrants from 2007 to 2017 and the Czech segregation of Roma children in schools for those with mild mental disabilities between 1993 and 2017, Evading International Norms argues that the violation of human rights norms often continues after legalization under the cover of technical legality. While laws and norms overlap, interact, and shape each other in many ways, they tend to reflect each other only selectively, which leads to the existence of norm-law gaps. Taking advantage of such gaps, states resist unwanted human rights obligations by transgressing international human rights norms without violating the laws designed to protect them—a process Zoltán I. Búzás names norm evasion. Based on a wealth of evidence, including more than 160 interviews, the book shows that the treatment of the Roma by France and the Czech Republic violated the norm of racial equality in a technically legal fashion. Búzás cautions that the good news about law compliance is not necessarily good news about norm compliance and draws attention to racial discrimination against the Roma, one of the largest and most marginalized European minorities.

Conflict of Norms in Public International Law

Joost Pauwelyn
Conflict of Norms in Public International Law Book PDF

Author : Joost Pauwelyn
Publisher : Cambridge University Press
Page : 557 pages
File Size : 46,8 Mb
Release : 2003-07-31
Category : Law
ISBN : 9781139436908

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Conflict of Norms in Public International Law by Joost Pauwelyn Pdf

One of the most prominent and urgent problems in international governance is how the different branches and norms of international law interact and what to do in the event of conflict. With no single 'international legislator' and a multitude of states, international organisations and tribunals making and enforcing the law, the international legal system is decentralised. This leads to a wide variety of international norms, ranging from customary international law and general principles of law, to multilateral and bilateral treaties on trade, the environment, human rights, the law of the sea, etc. Pauwelyn provides a framework on how these different norms interact, focusing on the relationship between the law of the World Trade Organisation (WTO) and other rules of international law. He also examines the hierarchy of norms within the WTO treaty. His recurring theme is how to marry trade and non-trade rules, or economic and non-economic objectives at the international level.

Evading International Norms

Zoltán Búzás
Evading International Norms Book PDF

Author : Zoltán Búzás
Publisher : University of Pennsylvania Press
Page : 329 pages
File Size : 44,9 Mb
Release : 2021-01-01
Category : Political Science
ISBN : 9780812297683

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Evading International Norms by Zoltán Búzás Pdf

How do states violate human rights norms after legalization? Why are these violations so persistent? What are the limits of legalization for protecting human rights norms? Conventional wisdom offers a variety of answers to these questions, but most often they conflate laws and norms and focus only on state actions that violate both. While this focus is undoubtedly valuable, it does not capture cases in which states violate human rights norms without technically violating the law. Norm breakers are not necessarily lawbreakers. Focusing exclusively on norm violations that are illegal obscures the possibility that agents could violate norms in a legal manner, engaging in actions that are awful but lawful. Presenting rich case studies of the French expulsion of Roma immigrants from 2007 to 2017 and the Czech segregation of Roma children in schools for those with mild mental disabilities between 1993 and 2017, Evading International Norms argues that the violation of human rights norms often continues after legalization under the cover of technical legality. While laws and norms overlap, interact, and shape each other in many ways, they tend to reflect each other only selectively, which leads to the existence of norm-law gaps. Taking advantage of such gaps, states resist unwanted human rights obligations by transgressing international human rights norms without violating the laws designed to protect them—a process Zoltán I. Búzás names norm evasion. Based on a wealth of evidence, including more than 160 interviews, the book shows that the treatment of the Roma by France and the Czech Republic violated the norm of racial equality in a technically legal fashion. Búzás cautions that the good news about law compliance is not necessarily good news about norm compliance and draws attention to racial discrimination against the Roma, one of the largest and most marginalized European minorities.

Hierarchy in International Law

Erika De Wet,Jure Vidmar
Hierarchy in International Law Book PDF

Author : Erika De Wet,Jure Vidmar
Publisher : Oxford University Press
Page : 365 pages
File Size : 50,7 Mb
Release : 2012-03
Category : Law
ISBN : 9780199647071

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Hierarchy in International Law by Erika De Wet,Jure Vidmar Pdf

The existence of a hierarchy between the different international legal rules is increasingly being debated. This volume will identify the extent to which judicial bodies and domestic courts contribute to an emerging normative hierarchy within international law, based on the primacy of human rights.

International Environmental Law

Pierre-Marie Dupuy,Jorge E. Viñuales
International Environmental Law Book PDF

Author : Pierre-Marie Dupuy,Jorge E. Viñuales
Publisher : Cambridge University Press
Page : 597 pages
File Size : 52,5 Mb
Release : 2018-06-07
Category : Law
ISBN : 9781108423601

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International Environmental Law by Pierre-Marie Dupuy,Jorge E. Viñuales Pdf

A concise, clear, and legally rigorous introduction to international environmental law and practice covering the very latest developments.

Norms and the Law

John N. Drobak
Norms and the Law Book PDF

Author : John N. Drobak
Publisher : Cambridge University Press
Page : 308 pages
File Size : 49,5 Mb
Release : 2006-07-24
Category : Law
ISBN : 0521680794

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Norms and the Law by John N. Drobak Pdf

This book contains perspectives of world-renowned scholars from the fields of law, economics, and political science about the relationship between law and norms. The authors take different approaches by using a wide variety of perspectives from law, legal history, neoclassical economics, new institutional economics, game theory, political science, cognitive science, and philosophy. The essays examine the relationship between norms and the law in four different contexts. Part One consists of essays that use the perspectives of cognitive science and behavioral economics to analyze norms that influence the law. In Part Two, the authors use three different types of common property to examine cooperative norms. Part Three contains essays that deal with the constraints imposed by norms on the judiciary. Finally, Part Four examines the influence formal law has on norms.

Coordination, Organizations, Institutions, and Norms in Agent Systems II

Pablo Noriega,Javier Vázquez-Salceda,Guido Boella,Olivier Boissier,Virginia Dignum,Nicoletta Fornara,Eric T Matson
Coordination Organizations Institutions and Norms in Agent Systems II Book PDF

Author : Pablo Noriega,Javier Vázquez-Salceda,Guido Boella,Olivier Boissier,Virginia Dignum,Nicoletta Fornara,Eric T Matson
Publisher : Springer Science & Business Media
Page : 375 pages
File Size : 43,7 Mb
Release : 2007-09-06
Category : Computers
ISBN : 9783540744573

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Coordination, Organizations, Institutions, and Norms in Agent Systems II by Pablo Noriega,Javier Vázquez-Salceda,Guido Boella,Olivier Boissier,Virginia Dignum,Nicoletta Fornara,Eric T Matson Pdf

This book constitutes the thoroughly refereed post-proceedings of the International Workshop on Coordination, Organization, Institutions and Norms in Agent Systems, COIN 2006, held as two events at AAMAS 2006, the 5th International Joint Conference on Autonomous Agents and Multiagent Systems in Hakodate, Japan, and ECAI 2006, the 17th European Conference on Artificial Intelligence in Riva del Garda, Italy.

The Common European Sales Law in Context

Gerhard Dannemann,Stefan Vogenauer
The Common European Sales Law in Context Book PDF

Author : Gerhard Dannemann,Stefan Vogenauer
Publisher : OUP Oxford
Page : 856 pages
File Size : 43,7 Mb
Release : 2013-03-21
Category : Law
ISBN : 9780191668180

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The Common European Sales Law in Context by Gerhard Dannemann,Stefan Vogenauer Pdf

European Contract Law unification projects have recently advanced from the Draft Common Frame of Reference (2009) to a European Commission proposal for an optional Common European Sales Law (2011) which is to facilitate cross-border marketing. This book investigates for the first time how CESL and DCFR rules would interact with various aspects of domestic law, represented by English and German law. Nineteen chapters, co-authored by British and German scholars, examine such interface issues for eg pre-contractual relationships, notions of contract, formation, interpretation, and remedies, extending to non-discrimination, third parties, transfers or rights, aspects of property law, and collective proceedings. They go beyond a critical analysis of CESL and DCFR rules by demonstrating where and how CESL rules would interact with neighbouring areas of English and German law before English and German courts, how domestic traditions might influence the application, which aspects might motivate sellers and buyers to choose or reject CESL, and which might serve as model for national legislators. The findings are summarized in the final two chapters.

The Fight for Privacy: Protecting Dignity, Identity, and Love in the Digital Age

Danielle Keats Citron
The Fight for Privacy Protecting Dignity Identity and Love in the Digital Age Book PDF

Author : Danielle Keats Citron
Publisher : W. W. Norton & Company
Page : 239 pages
File Size : 47,5 Mb
Release : 2022-09-13
Category : Law
ISBN : 9780393882322

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The Fight for Privacy: Protecting Dignity, Identity, and Love in the Digital Age by Danielle Keats Citron Pdf

The essential road map for understanding—and defending—your right to privacy in the twenty-first century. Privacy is disappearing. From our sex lives to our workout routines, the details of our lives once relegated to pen and paper have joined the slipstream of new technology. As a MacArthur fellow and distinguished professor of law at the University of Virginia, acclaimed civil rights advocate Danielle Citron has spent decades working with lawmakers and stakeholders across the globe to protect what she calls intimate privacy—encompassing our bodies, health, gender, and relationships. When intimate privacy becomes data, corporations know exactly when to flash that ad for a new drug or pregnancy test. Social and political forces know how to manipulate what you think and who you trust, leveraging sensitive secrets and deepfake videos to ruin or silence opponents. And as new technologies invite new violations, people have power over one another like never before, from revenge porn to blackmail, attaching life-altering risks to growing up, dating online, or falling in love. A masterful new look at privacy in the twenty-first century, The Fight for Privacy takes the focus off Silicon Valley moguls to investigate the price we pay as technology migrates deeper into every aspect of our lives: entering our bedrooms and our bathrooms and our midnight texts; our relationships with friends, family, lovers, and kids; and even our relationship with ourselves. Drawing on in-depth interviews with victims, activists, and advocates, Citron brings this headline issue home for readers by weaving together visceral stories about the countless ways that corporate and individual violators exploit privacy loopholes. Exploring why the law has struggled to keep up, she reveals how our current system leaves victims—particularly women, LGBTQ+ people, and marginalized groups—shamed and powerless while perpetrators profit, warping cultural norms around the world. Yet there is a solution to our toxic relationship with technology and privacy: fighting for intimate privacy as a civil right. Collectively, Citron argues, citizens, lawmakers, and corporations have the power to create a new reality where privacy is valued and people are protected as they embrace what technology offers. Introducing readers to the trailblazing work of advocates today, Citron urges readers to join the fight. Your intimate life shouldn’t be traded for profit or wielded against you for power: it belongs to you. With Citron as our guide, we can take back control of our data and build a better future for the next, ever more digital, generation.

Saving the Neighborhood

Richard R. W. Brooks,Carol M. Rose
Saving the Neighborhood Book PDF

Author : Richard R. W. Brooks,Carol M. Rose
Publisher : Harvard University Press
Page : 389 pages
File Size : 47,5 Mb
Release : 2013-04-01
Category : Law
ISBN : 9780674073715

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Saving the Neighborhood by Richard R. W. Brooks,Carol M. Rose Pdf

Saving the Neighborhood tells the charged, still controversial story of the rise and fall of racially restrictive covenants in America, and offers rare insight into the ways legal and social norms reinforce one another, acting with pernicious efficacy to codify and perpetuate intolerance. The early 1900s saw an unprecedented migration of African Americans leaving the rural South in search of better work and equal citizenship. In reaction, many white communities instituted property agreements—covenants—designed to limit ownership and residency according to race. Restrictive covenants quickly became a powerful legal guarantor of segregation, their authority facing serious challenge only in 1948, when the Supreme Court declared them legally unenforceable in Shelley v. Kraemer. Although the ruling was a shock to courts that had upheld covenants for decades, it failed to end their influence. In this incisive study, Richard Brooks and Carol Rose unpack why. At root, covenants were social signals. Their greatest use lay in reassuring the white residents that they shared the same goal, while sending a warning to would-be minority entrants: keep out. The authors uncover how loosely knit urban and suburban communities, fearing ethnic mixing or even “tipping,” were fair game to a new class of entrepreneurs who catered to their fears while exacerbating the message encoded in covenants: that black residents threatened white property values. Legal racial covenants expressed and bestowed an aura of legitimacy upon the wish of many white neighborhoods to exclude minorities. Sadly for American race relations, their legacy still lingers.

Piracy and Intellectual Property in Latin America

Víctor Goldgel-Carballo,Juan Poblete
Piracy and Intellectual Property in Latin America Book PDF

Author : Víctor Goldgel-Carballo,Juan Poblete
Publisher : Routledge
Page : 311 pages
File Size : 47,8 Mb
Release : 2020-03-03
Category : Political Science
ISBN : 9781000038750

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Piracy and Intellectual Property in Latin America by Víctor Goldgel-Carballo,Juan Poblete Pdf

Piracy and Intellectual Property in Latin America is the first sustained effort to present an alternative framework for understanding piracy and contemporary challenges to global discourses on intellectual property (IP) in the Americas. While piracy might just look like theft and derivative reproduction from the perspective of many right-holders, the contributors to this volume go beyond this economic-driven logic and show how practices of copying are in fact practices of reinvention that reflect the rich social networks and forms of creativity, authorship, commerce, and consumption that characterize informal economies. From a perspective informed by contemporary scenarios in Mexico, Brazil, Chile, Argentina, Peru, Guatemala, and the United States, they engage in a discussion of alternatives that—predicated on the importance of protecting culture—allow for other ways of conceiving prosperity at local, national, regional, and global levels. Examples discussed include video games, clothing, trinkets, music, film, TV, and books. Designed to help understand the broader implications of IP and piracy for the field of Latin American studies, this book will be a major contribution to Global South studies, as well as to the growing bibliography on globalization, informal markets, and piracy.

Coordination, Organizations, Institutions, and Norms in Agent Systems XI

Virginia Dignum,Pablo Noriega,Murat Sensoy,Jaime Simão Sichman
Coordination Organizations Institutions and Norms in Agent Systems XI Book PDF

Author : Virginia Dignum,Pablo Noriega,Murat Sensoy,Jaime Simão Sichman
Publisher : Springer
Page : 437 pages
File Size : 43,6 Mb
Release : 2016-07-12
Category : Computers
ISBN : 9783319426914

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Coordination, Organizations, Institutions, and Norms in Agent Systems XI by Virginia Dignum,Pablo Noriega,Murat Sensoy,Jaime Simão Sichman Pdf

This book constitutes the thoroughly refereed post-conference proceedings of the 11th International Workshops on Coordination, Organizations, Institutions and Norms in Agent Systems, COIN 2015. The workshops were co-located with AAMAS 2015, held in Istanbul, Turkey, in May 2015, and with IJCAI 2015, held in Buenos Aires, Argentina, in July 2015. The 23 full papers were carefully reviewed and selected from 46 initial submissions for inclusion in this volume. The papers cover a wide range of topics from work on formal aspects of normative and team based systems, to software engineering with organizational concepts, to applications of COIN based systems, and to philosophical issues surrounding socio-technical systems. They highlight not only the richness of existing work in the field, but also point out the challenges and exciting research that remains to be done in the area.

Evading International Norms

Zoltan Buzas
Evading International Norms Book PDF

Author : Zoltan Buzas
Publisher : University of Pennsylvania Press
Page : 328 pages
File Size : 50,8 Mb
Release : 2021-01-01
Category : Political Science
ISBN : 9780812252699

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Evading International Norms by Zoltan Buzas Pdf

How do states violate human rights norms after legalization? Why are these violations so persistent? What are the limits of legalization for protecting human rights norms? Conventional wisdom offers a variety of answers to these questions, but most often they conflate laws and norms and focus only on state actions that violate both. While this focus is undoubtedly valuable, it does not capture cases in which states violate human rights norms without technically violating the law. Norm breakers are not necessarily lawbreakers. Focusing exclusively on norm violations that are illegal obscures the possibility that agents could violate norms in a legal manner, engaging in actions that are awful but lawful. Presenting rich case studies of the French expulsion of Roma immigrants from 2007 to 2017 and the Czech segregation of Roma children in schools for those with mild mental disabilities between 1993 and 2017, Evading International Norms argues that the violation of human rights norms often continues after legalization under the cover of technical legality. While laws and norms overlap, interact, and shape each other in many ways, they tend to reflect each other only selectively, which leads to the existence of norm-law gaps. Taking advantage of such gaps, states resist unwanted human rights obligations by transgressing international human rights norms without violating the laws designed to protect them—a process Zoltán I. Búzás names norm evasion. Based on a wealth of evidence, including more than 160 interviews, the book shows that the treatment of the Roma by France and the Czech Republic violated the norm of racial equality in a technically legal fashion. Búzás cautions that the good news about law compliance is not necessarily good news about norm compliance and draws attention to racial discrimination against the Roma, one of the largest and most marginalized European minorities.

Neoliberal Legality

Honor Brabazon
Neoliberal Legality Book PDF

Author : Honor Brabazon
Publisher : Taylor & Francis
Page : 214 pages
File Size : 54,9 Mb
Release : 2016-11-10
Category : Law
ISBN : 9781134843381

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Neoliberal Legality by Honor Brabazon Pdf

Neoliberalism has been studied as a political ideology, an historical moment, an economic programme, an institutional model, and a totalising political project. Yet the role of law in the neoliberal story has been relatively neglected, and the idea of neoliberalism as a juridical project has yet to be considered. That is: neoliberal law and its interrelations with neoliberal politics and economics has remained almost entirely neglected as a subject of research and debate. This book provides a systematic attempt to develop a holistic and coherent understanding of the relationship between law and neoliberalism. It does not, however, examine law and neoliberalism as fixed entities or as philosophical categories. And neither is its objective to uncover or devise a ‘law of neoliberalism’. Instead, it uses empirical evidence to explore and theorise the relationship between law and neoliberalism as dynamic and complex social phenomena. Developing a nuanced concept of ‘neoliberal legality’, neoliberalism, it is argued here, is as much a juridical project as a political and economic one. And it is only in understanding the juridical thrust of neoliberalism that we can hope to fully comprehend the specificities, and continuities, of the neoliberal period as a whole.