Description : Why is there so much resistance to recent issues of tolerance and diversity? Despite efforts of the international community to encourage open-mindedness, recent attempts at international, political and economic integration have shown that religious, cultural and ethnic tolerance and diversity remain under threat. The contributions in the volume reflect the growing importance of these issues and why resistance is so widespread. Part I addresses the relationship between the language of law and its power, whilst Part II explores the interplay of tolerance and diversity under visual, legislative and interpretative perspectives. This collection as a whole offers a combination of varied perspectives on the analysis, application and exploitation of laws and will be a valuable source of information for those interested in the general area of language and the law.
Description : This work focuses on the EU’s participation in the Dispute Settlement Proceedings (DSP) of the WTO for matters of non-conferred competences. The underlying thesis is that the joint membership of the EU and its Member States is fallacious, in that it could cause the EU to become responsible for violations of the WTO regulations on the part of the Member States. Such fallacies are rooted in the blurred nature of the distribution of powers in the EU polity.In order to tackle the issue of international responsibility, the analysis is based on the facts of a real-world case. Based on the tenets of public international law, the law of mixed agreements and the EU constitutional principles, the book puts forward a model for the EU’s participation in the DSP, and for the reallocation of burdens to the respective responsible entity. This proposition deconstructs the joint responsibility regime and endorses a solution that could address the issue of responsibility in mixed agreements without a declaration of powers.
Description : The proposed volumes are aimed at a multidisciplinary audience and seek to fill the gap between law, semiotics and visuality providing a comprehensive theoretical and analytical overview of legal visual semiotics. They seek to promote an interdisciplinary debate from law, semiotics and visuality bringing together the cumulative research traditions of these related areas as a prelude to identifying fertile avenues for research going forward. Advance Praise for Law, Culture and Visual Studies This diverse and exhilarating collection of essays explores the many facets both historical and contemporary of visual culture in the law. It opens a window onto the substantive, jurisdictional, disciplinary and methodological diversity of current research. It is a cornucopia of materials that will enliven legal studies for those new to the field as well as for established scholars. It is a ‘must read’ that will leave you wondering about the validity of the long held obsession that reduces the law and legal studies to little more than a preoccupation with the word. Leslie J Moran Professor of Law, Birkbeck College, University of London Law, Culture & Visual Studies is a treasure trove of insights on the entwined roles of legality and visuality. From multiple interdisciplinary perspectives by scholars from around the world, these pieces reflect the fullness and complexities of our visual encounters with law and culture. From pictures to places to postage stamps, from forensics to film to folklore, this anthology is an exciting journey through the fertile field of law and visual culture as well as a testament that the field has come of age. Naomi Mezey, Professor of Law, Georgetown University Law Center, Washington, D.C., USA This highly interdisciplinary reference work brings together diverse fields including cultural studies, communication theory, rhetoric, law and film studies, legal and social history, visual and legal theory, in order to document the various historical, cultural, representational and theoretical links that bind together law and the visual. This book offers a breath-taking range of resources from both well-established and newer scholars who together cover the field of law’s representation in, interrogation of, and dialogue with forms of visual rhetoric, practice, and discourse. Taken together this scholarship presents state of the art research into an important and developing dimension of contemporary legal and cultural inquiry. Above all, Law Culture and Visual Studies lays the groundwork for rethinking the nature of law in our densely visual culture: How are legal meanings produced, encoded, distributed, and decoded? What critical and hermeneutic skills, new or old, familiar or unfamiliar, will be needed? Topical, diverse, and enlivening, Law Culture and Visual Studies is a vital research tool and an urgent invitation to further critical thinking in the areas so well laid out in this collection. Desmond Manderson, Future Fellow, ANU College of Law / Research School of Humanities & the Arts, Australian National University, Australia
Description : An empirical look at the U.S legal system's effectiveness in addressing school segregation reveals that segregation persists and even surpasses levels experienced before the Civil Rights Movement. Yet, lawmaking continues as though segregation is a thing of the past. The negative effects of racial and ethnic disparities in schooling are well documented, but legal analysts increasingly interpret the law as a system that operates independently of research findings clearly pointing to disparities. For their part, researchers continue to document experiences of segregation without considering the legal system's basic concerns. The Science and Law of School Segregation and Diversity examines the sources of the disconnect between scientific findings on school segregation and how the U.S. legal system addresses it; evaluates these sources' empirical and legal foundations; explains why they persist; and reveals what can be done about them. Roger Levesque, a scholar with expertise in children's rights, family law, and adolescence, provides an overview of how the legal system approaches inequality based on racial/ethnic status. He presents an analysis of the empirical findings relating to the implementation of laws that would address racial disparities in schooling and educational outcomes. Finally, Levesque challenges jurisprudential claims that the developmental sciences do not offer important and useful tools to guide responses to differential treatment and circumstances based on race. This book will appeal to individuals interested in legal responses to schooling's place in society, discrimination, diversity, inequality, and more broadly, civil rights. The text will also appeal to developmentalists interested in prejudice, discrimination, and social development, and researchers, scholars, and students in law and psychology, law and education, law and human development, and law and society.
Description : These essays represent William Campbell's ongoing challenge over the last two decades to a residual aspect of the paradigm of Paulinism, namely that of interpreting Paul in antithesis to his Jewish roots. Campbell has proposed a new approach to Paul focusing on such themes as diversity, identity, and reconciliation as the basic components of transformation in Christ. The stance from which Paul theologizes is one that recognizes and underpins social and cultural diversity and includes the correlative demand that since difference is integral to the Christ-movement, the enmity associated with difference cannot be tolerated. Thus reconciliation emerges as a fundamental value in the Christ-movement. Such reconciliation respects and does not negate the particularities of the identity of Jews and those from the nations. This paradigm transformation implies the reevaluation of all things in Christ, whether of Jewish or Gentile origin. An underlying trajectory permeates these essays. What unites them is the emphasis on continuity between Judaism and the Christ-movement, particularly as exemplified in Paul's letter to the Romans. Such continuity is vitally important not only for understanding the past and present of Christ-followers, but even more significantly for the contemporary understanding of the identity of both Judaism and Christianity.
Description : The book tracks the rise of Business Ethics as a discipline in the United States through a review of the basic understandings of the role of business practices in the operations of society, beginning with Aristotle and proceeding to a review of the formative concepts and cases in the history of American business.
Description : This book attempts to reconcile the concept of free trade with a key non-trade social value - cultural diversity - in an era of economic globalisation. It first shows how we can look at culture in many different ways, and explains why we should care about cultural diversity. The book then examines the challenges that policymakers are faced with in formulating cultural measures in the new media environment, and analyses UNESCO's theories and approaches to cultural diversity. This is followed by a comprehensive examination of the treatment of 'culture' in global and regional trade agreements, including the framework of the GATT/WTO system, the WTO's judicial practice involving cultural products, and the treatment of culture under the EC/EU and NAFTA. This identifies the challenges trade norms encounter in dealing with cultural products. The author seeks to formulate a balanced view of the challenge of protecting and promoting cultural diversity while also recognising the important goal of trade liberalisation. To this end Professor Shi proposes a dual method through which the norms found in WTO agreements and in UNESCO cultural instruments may be brought into alignment: the first highlighting the compatibility of cultural policy measures with trade obligations on a domestic level, the second suggesting potential linkages between the WTO rules and the UNESCO Convention from the perspectives of treaty interpretation.