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In this chapter, I examine how voluntas helps the young lawyer Cicero craft arguments and structure relationships with Roman clients, witnesses, and juries. In the De inventione and forensic speeches, we see his struggle to reconcile tradition with new intellectual tools. As he seeks to bring ratio more fully into Roman legal culture, voluntas plays a plural and ambiguous role. It is an instrument of rational inquiry, as in the competing schemata of criminal responsibility he examines in the De inventione. As it has always been in Roman law, voluntas is the desire of a legally relevant individual, emanating from and attributable to him alone – the marker of his agency and responsibility. So, too, however, is it used to signify the collective goodwill of an audience, which Cicero makes clear is the expert orator’s plaything. The “goodwill” sense of voluntas adds greatly to its durability in moral philosophy. While a sententia or iudicium pertain to a specific question, voluntas marks an ongoing choice or disposition, such as the will of a legislator, to be conserved. Cicero’s objectives for the law go largely unachieved in his time, but they expand Rome’s intellectual field of vision.
Modern human rights instruments reflect earlier transformations of natural rights into constitutional rights. The effect of this transformation was most apparent in the intertwining of natural rights with emerging conceptions of the separation of governmental powers. For this to take place, early modern natural law theory needed to abandon its defence of absolutist forms of government and embrace ideas developed within the common law. This chapter traces the progress of this surprising marriage. It shows how the concern of common lawyers to secure freedom under law by separating governmental powers came to be justified increasingly in terms of natural law, rather than by reference to English constitutional history. This discursive shift was given political expression in the American revolution and finally adopted into Immanuel Kant’s natural law theory as a requirement of practical reason. The essentially collaborative understanding of the relationship between legislature and judiciary which emerged is still of value in the debate between modern-day natural law theorists over the role of judicial power in the protection of human rights.
This chapter concludes the book by charting a path forward for law reform. Suggestions for reform of the significantly more burdensome legal framework in Australia, as opposed to England and Wales, are presented. Throughout this book is a plea for the law to support, rather than impede, trans young people’s gender expression and bodily autonomy.
Ensuring the sustainable management of wild meat use is challenging and complex, requiring a balance between sustainable development, food security and conservation. Available information and examples from more than four decades of research suggests that with the right enabling environment, political will and suitable legislation and governance, well-designed and participatory multi-sectoral wild meat supply is possible. Demand needs to be reduced to sustainable levels, at least for several species in some environments. In this chapter we discuss ways in which we can ‘close the gap’ between knowledge and action and ensure that wild meat use is balanced. We provide a comprehensive overview of what factors can guarantee sustainable wild meat use, taking into account the topics dealt with in the book overall. We end by suggesting how to improve wild meat governance and management worldwide so as to secure wildlife protection and food security in the long term.
As a new member of a helping profession, advocacy is one of our most important responsibilities to society, the discipline of psychology, and ourselves. This chapter provides an overview of the motivations and methods of advocacy; identifies ways for students and early career professionals to integrate advocacy into core professional duties; and provides resources for increasing advocacy engagement.
This introductory article foregrounds the articles in this special issue, “Professional–Collector Collaboration: Global Challenges and Solutions,” complementing the special issue “Professional–Collector Collaboration Moving beyond Debate to Best Practice,” also published in Advances in Archaeological Practice. The articles that we introduce here cover examples and case studies from European settings such as Norway, the Czech Republic, England, Wales, Finland, and Belgium—places that have been exploring how to respond to the challenge of working meaningfully with collectors and finders of archaeological artifacts, especially metal detectorists. These are joined by examples from Australia, Mexico, Uruguay, and even the United States, in the context of handling—at first glance—problematic collections originating from elsewhere. The articles are diverse in their settings and the challenges they describe, but they point to the need for participatory and democratic approaches to archaeological heritage and the different publics that engage with it.
This chapter discusses the background, thesis, significance and implications of researching the theme of the sources of Chinese law in both comparative and Chinese legal scholarship. It also identifies the significant components of positive law in China’s legislative system and provides a general overview of China’s legislative system, along with the theoretical claims and interdisciplinary analysis involved in the detailed discussion presented in the following chapters.
The Court of Justice of the European Union is the busiest court in the world. The second edition of this textbook explores why this is. It examines in detail the interactions between European Union and national institutions, instruments, laws and concepts that make up this unique legal order. It explains the core constitutional and substantive principles that underpin the European Union legal order, and introduces EU law in a detailed, comprehensive way which is both enjoyable and clear to read. It offers an up-to-date and accessible analysis of EU law and avoids technical jargon, providing informed insights on an exciting but challenging subject. Combining a historical perspective with up-to-date examples, it aims to help students appreciate how EU law developed and its continued significance in day-to-day life. This updated edition features new coverage on free movement, online resources plus additional chapters on Article 50 and EU law in the UK after Brexit.
A detailed examination of Strauss’s interpretation of Alfarabi’s summary of Plato’s Laws is the subject of Chapter 4. Strauss’s complex article on Alfarabi’s summary, which complements his earlier “Fârâbî’s Plato,” has received minimal attention. The original manuscript of Strauss’s article, found among the Leo Strauss Papers, can substantially improve our understanding of this text and provide the opportunity for a more detailed commentary: The paragraphs of this manuscript are numbered, and contain headings which are absent in the published version of the article. My interpretation of this article will take these aspects of the original manuscript, as well as Strauss’s other writings and correspondence on Alfarabi and his course transcripts, into account.
The pervasive stigma surrounding nonmedical substance use and substance use disorder relates to policy along multiple bidirectional pathways. To meaningfully reduce substance use stigma, we need members of the public to be able to readily identify positive examples of people benefiting from evidence-based substance use services and thriving in their daily lives. To saturate the public with these types of positive examples, public and institutional policies must shift to support widespread delivery of effective substance use interventions, including prevention, treatment, and harm reduction approaches. This chapter introduces a conceptual framework for delineating key ways in which stigma and policy relate to one another; synthesizes the evidence on what is known about the relationship between substance use stigma and policy; and discusses the evidence surrounding strategies to reduce stigma and increase support for policies benefiting people who use substances and/or experience substance use disorder.
Autism spectrum disorder (ASD) is a neurodevelopmental condition that can affect a person’s ability to manage the complexities of varied social and environmental situations. This is particularly evident in the dynamic context of a school classroom. To assist students with ASD to navigate the complexities of Australian primary and secondary mainstream classrooms, educators are required to provide ‘reasonable adjustments’ to support learning; that is, to make changes that are practicable and achievable in order for students to access learning on the same basis as their peers. We present an argument that the ‘reasonable adjustments’ made by schools to ensure that students with ASD have equitable learning opportunities should meet a criterion of acceptability where the adjustment is evidence based. The paper also offers a summary of evidence-based pedagogical strategies that have been effective for students with ASD and concludes with a discussion offering evidence-based practices as a solution to meeting legislative requirements for students with disability.
Chapter 14 explores how this debate over supermarket power has manifested itself in China, where disputes between large retailers and suppliers regularly occur and have been at the core of legal developments. In this country, the supply of commodities generally exceeds demand which, in turns, leads retail channels, especially those provided by well-known large retailers, to effectively become scarce but valuable resources. Furthermore, the combination of the majority of small and/or medium-sized suppliers in China operating on a small-scale, the fact that they are scattered throughout the nation and the high degree of homogeneity between the products they provide has resulted in fierce competition among suppliers. Due to such factors, it is difficult for suppliers to form a coalition capable of successfully bargaining with large retailers. Also these factors currently permit large retailers to enjoy positions of market power; commonly they enjoy a comparatively advantageous position over that of suppliers, which they abuse in order to bully suppliers into submission. To combat this issue, China has introduced legislation and regulation. However, due to the lack of clarity concerning the interplay between different laws and regulations, there are challenges inherent in their practical application.
The UK is currently considering making assisted dying available to patients who are terminally ill. We discuss ethical and practical aspects of this complex issue and outline the potential role of psychiatry. We set out the challenges of implementation of legislation, and potential unintended consequences including the impact on health inequalities.
What use (if any) may be made of settled practice in statutory interpretation and what are the potential justifications for its use? Debate about the use of settled practice is often framed in terms of a tension between legal certainty, on the one hand, and legal correctness in giving effect to Parliament's will, on the other. That account presents a false choice. This article explores the use of settled practice and argues that it has a legitimate role to play in statutory interpretation and one that is consistent with the prevailing approach of the courts to statutory interpretation.
This study explores how American Indians use interest group strategies to block federal legislation. Unlike other disadvantaged groups, who have influenced public policymaking through descriptive representation, American Indians have turned to interest group strategies to protect their interests in Congress. Using original data collected from American Indian testimony at congressional hearings on 266 bills during five Congresses, this study tests interest group hypotheses about how and when active opposition affects bill enactment. It finds that American Indians can block federal legislation harmful to their interests when they unify against a bill and that members of Congress frequently respond to American Indian opposition by amending bills to alleviate American Indian concerns.
This chapter discusses the political, professional and legal aspects of non-medical prescribing from its inception in the 1990s to the present day. It considers important legal cases that illustrate the key issues of autonomy, negligence and consent and illustrates how these scenarios can impact on prescribing practice on a daily basis. The role of professional regulators is highlighted and the notion that patients/clients are no longer subservient to benign medical paternalism but rather are seen as consumers of healthcare is considered. New educational aspirations are mentioned with a reliance on evidenced-based practice and a holistic humanised approach to care delivery
This chapter provides a basis for nursing students to understand the ways in which children and young people’s rights are upheld in Australia and New Zealand, particularly within the healthcare systems. It provides insight into the ways in which human rights, and particularly child rights, inform paediatric nursing policy and practice. It begins by looking at the international agreements and covenants regarding the protection of child rights that have been endorsed by Australia and New Zealand, before moving on to examine the national legislation and the implications for health and social support systems. The second part of the chapter looks at some of the ethical challenges regarding child and family rights that you will consider as a paediatric nurse. In particular, we look at issues surrounding access to family, advocacy and consent to treatment of specific diseases in some situations. It provides a basis for understanding the way in which children and young people’s rights – including the right to be protected from all forms of violence and neglect – are upheld in Australia and New Zealand, particularly within the health and welfare systems.
To assess corporate electoral campaign contributions from industries related to sugary drinks production and the characteristics of the elected officials financed by the sector.
Cross-sectional analysis of electoral campaign contributions from corporations related to sugary drinks production (sugary drink industries and sugary drink input industries) to candidates to the Chamber of Deputies, Brazil.
Elections to the 55th Congress (2015–2019), held in October 2014.
Candidates to the Chamber of Deputies, Brazil.
Forty-nine companies or corporate groups that produce sugary drinks and fifty-two corporations that produce inputs for sugary drinks manufacturing contributed to electoral campaigns of candidates in the 2014 Election. Contributions from this industry sector represented 7·3 % of all corporate contributions and helped finance 11·7 % of the candidates and 46·2 % of the elected officials. The transnationals Ambev and Coca-Cola were the first and second biggest donors, respectively. Revenues mediated by political parties, from sugary drink industries and from corporate members of some industry associations (Abir, Unica and CitrusBR), were more prevalent. Among elected officials, a significant association was found between being financed by the sector and representing the south-east region, having higher education level and referring themselves as being professional politicians. In the multivariate model, financed candidates were 27 % more likely to be elected.
Corporations related to sugary drinks production have contributed to the electoral campaigns of almost half of the Federal Deputies in Brazil in 2014. This possibly facilitates access to decision-makers and could help buy influence on legislative proposals, including health-related food policies.
After overseeing the adoption of two landmark civil rights proposals in 1964 and 1965, the Johnson administration and its allies in Congress sought to implement the third item of its broader agenda: a legal prohibition on racial discrimination in the sale and rental of housing. Enacting fair housing legislation, however, proved to be a vexing process. Advocates had to win support from northern White Democrats skeptical of the policy, as well as Republicans who were often (and increasingly) unreliable allies. Fair housing legislation failed in 1966 (89th Congress) but passed two years later, during the 90th Congress. We provide a legislative policy history detailing how, after three tumultuous years, Congress came to enact the fair housing provision of the Civil Rights Act of 1968. Overall, the battle to enact fair housing legislation presaged a dynamic that would take hold as the Great Society gave way to the Nixon years: once federal civil rights policies started to bear directly on the lives of White northerners, they became much harder to pass and implement. It also showcased the moment at which the Republican Party in Congress first moved to the right on civil rights and explicitly adopted a position of racial conservatism.
This article poses the question as to whether and why States overlook the prosecution of people for war crimes rather than terrorist offences, where war crimes would be preferred. It looks at whether a diverse range of States (Afghanistan, Australia, Mali, the Netherlands and the Russian Federation) are able through their domestic legislation to prosecute people for war crimes or for terrorist offences. It considers what the value of prosecutions is theoretically and legally, and what the impact of prosecutions is practically in a State. It proposes that prosecutors, police and judges should ask the question whether an alleged offender should be prosecuted for war crimes and/or terrorist offences with war crimes being the preferred option where there is evidence that they have been committed.