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Consent under Duress - Tom Dougherty - Bog - Oxford University Press - Plusbog.dk

Consent under Duress - Tom Dougherty - Bog - Oxford University Press - Plusbog.dk

Consent can make actions morally permissible. But consent can be deprived of its moral force when it is given under duress. Understanding how this happens requires answering the question of which types of duress undermine consent. It is uncontroversial that severe coercion, like threats of violence, can prevent consent from creating moral permissions. But what about minor duress? Duress from natural causes? Duress from social norms? Duress that is merely apparent to the consent-giver with no objective basis in reality? To answer these questions, Consent under Duress defends an account that follows two key approaches. First, it adopts an expansive approach that broadens the class of misconduct that is constituted by acting on someone''s consent that is given under duress. Second, it adopts a scalar approach that allows that consent can be invalidated to varying degrees, which in turn can track the degrees of the severity of the duress to which the consent-giver is subject. The expansive and scalar approaches work in tandem. Once there is an expansion of the aforementioned class of misconduct, additional theoretical resources are needed to draw moral distinctions within this heterogeneous class. By providing these resources, the scalar approach supplements the expansive approach. Meanwhile, once it is recognized that consent can be partially invalidated by minor duress, it is necessary to expand the class of what constitutes misconduct that is constituted by acting on someone''s consent that is given under duress. By developing independent arguments for these mutually reinforcing approaches, Consent Under Duress offers a robust defense of their combination.

DKK 817.00
2

Inquiry Under Bounds - David Thorstad - Bog - Oxford University Press - Plusbog.dk

Constitutionalism under Stress - - Bog - Oxford University Press - Plusbog.dk

Judicial Independence Under Threat - - Bog - Oxford University Press - Plusbog.dk

Organizing Rebellion - Non-State Armed Groups under International Humanitarian Law, Human Rights Law, and International Criminal Law - Bog af Tilman (

Deterrence under Uncertainty: - Dr Edward Geist - Bog - Oxford University Press - Booktok.dk

Democracy Under Strain - Ruben Ruiz Rufino - Bog - Oxford University Press - Plusbog.dk

Democracy Under Strain - Ruben Ruiz Rufino - Bog - Oxford University Press - Plusbog.dk

How did the management of the 2009 financial crisis within the Economic Monetary Union impact the functioning of democracy? What are the political consequences of supranational responsibility trumping national preferences? This book answers these questions by examining the political consequences derived from the management of the Eurozone sovereign debt crisis and, in particular, how the decision to implement financial bailouts affected citizens and political parties.This book introduces the concept of ''democracy under strain''. This describes how countries integrated into a union such as the EMU lose control over their policy agenda in the presence of asymmetric economic shocks, which orients member states into two different groups: those facing deteriorating domestic economies and those concerned with financial contagion and the overall stability of the union. Employing various quantitative methods, Rubén Ruiz-Rufino shows how the implementation of financial bailouts in the wake of the 2009 financial crisis triggered significant attitudinal changes among the citizens of member states in both of these two groups. This translated into increasing levels of political dissatisfaction and ultimately contributed to the electoral decline of establishment parties.Democracy Under Strain demonstrates that when an economic shock hits a supranational institutional setting characterized by high levels of economic and political interdependence, attitudinal and political change cannot be explained simply by exposure to adverse economic conditions but, rather, by the consequences of supranational political decisions implemented in order to restore economic balance.

DKK 1081.00
1

Positive Obligations under the European Convention on Human Rights - Bog af Vladislava (Associate Professor in Public International Law and Wallenberg

Political Rights Under Stress in 21st Century Europe - - Bog - Oxford University Press - Plusbog.dk

Political Rights Under Stress in 21st Century Europe - - Bog - Oxford University Press - Plusbog.dk

Europe has entered the 21st century in a state of growing uncertainty about the role and scope of traditional political rights. The scope of ''political rights'' is a subject which has always provoked a degree of scholarly controversy, as indeed is reflected in the essays of this volume. Nonetheless, it has usually been taken as evident that the best cure for various threats to and defects of liberal democracy is more stringent rather than less stringent protection of rights such as freedom of speech, or freedom of political and other forms of association. But the global environment in which Europe finds itself has changed, and has gradually eroded these conventional wisdoms. The increased threat of terrorism on the one hand, epitomised by the events of September 11 2001, and the accession of the post-communist countries of Central and Eastern Europe with their specific political traditions on the other hand, has placed this liberal-democratic consensus under considerable stress.The essays collected in this volume reflect this stress, and search for answers to the questions raised by the changing political environment. The contributions focus on the European experience but they are placed within a wider global context in reflecting on the appropriate scope and strength of protection of political rights. Under what circumstances is ''militant democracy'' - democracy which is intolerant of the enemies of democracy - a cure to the real and imagined threats, and under what circumstances does it become part of the problem? Different chapters deal variously with the theory of political rights, the rights to freedom of expression and to freedom association (focusing particularly on the topical issue of party closures), the understanding of political rights in Central and Eastern Europe and its impact on the democratization of this region, the question of political rights of minorities in this region, and finally the effectiveness of the Council of Europe''s monitoring mechanisms.

DKK 837.00
3

A Revolution in Rhyme - Fatemeh Shams - Bog - Oxford University Press - Plusbog.dk

Societies Under Siege - Lee Jones - Bog - Oxford University Press - Plusbog.dk

Detention and its Alternatives under International Law - Prof Lorna Mcgregor - Bog - Oxford University Press - Plusbog.dk

Detention and its Alternatives under International Law - Prof Lorna Mcgregor - Bog - Oxford University Press - Plusbog.dk

In theory, international law provides a clear framework for ensuring the rarity of detention by either characterising a detention practice as inherently arbitrary or treating it as a measure of last resort. However, some critics have argued that international law prioritises procedural safeguards, leaving the international law on the legitimacy, necessity, and proportionality of detention and its alternatives underdeveloped. Detention and its Alternatives under International Law analyses the current state of the international law on detention and its alternatives within national law and policy. It addresses armed conflict, counterterrorism, criminal justice, mental health, migration, public health, and social care. The book discusses a number of topics such as: shortcomings in how international law addresses structural inequality and discrimination; the level of scrutiny applied to the evidence supporting decisions to detain; and the availability and proportionality of alternatives to detention and their compatibility with human rights. All chapters analyse how new and emerging technologies affect decisions to detain, as well as the nature of alternatives to detention. Without conflating different forms of detention, the book proposes key means of making detention a true measure of last resort. Detention and its Alternatives under International Law will be a valuable resource to practitioners and scholars working on the right to liberty or the underlying policy areas in which detention is employed as a tool.

DKK 946.00
4

Detention under the Immigration Acts: Law and Practice - Rory Dunlop - Bog - Oxford University Press - Booktok.dk

Detention under the Immigration Acts: Law and Practice - Rory Dunlop - Bog - Oxford University Press - Booktok.dk

The UK has some of the largest immigration detention facilities in Europe, holding as many as 3000 individuals at any point in time. Foreign nationals are held under immigration powers in a variety of circumstances including on arrival pending examination, whilst an asylum claim is considered in the Detained Fast Track, and pending administrative removal or deportation. The routine use of detention powers, particularly in relation to foreign national offenders, has increased dramatically in the years since 2006. Advising individuals detained under immigration powers is no longer a niche field. An increasing number of practitioners need access to a clear reference guide when faced with cases which touch on this issue. Detention under the Immigration Acts: Law and Practice is the only text to provide a comprehensive and detailed account of the statutory powers underpinning immigration detention and the limitations on those powers afforded by the common law, the European Convention on Human Rights, and the law of the European Union. It is an invaluable resource not only for those working predominantly in immigration but also practitioners whose work may touch on this increasingly complex area, whether from a civil or criminal perspective, as well as the judiciary and government officials with a need for clear legal guidance. Taking a practice-focused approach, the work addresses the procedural aspects of litigation challenging detention, from bail applications in the Tribunal through judicial review claims in the Administrative Court, to civil claims before the County Court and the Queen''s Bench Division of the High Court. It offers unparalleled coverage of the many hundreds of domestic cases on the subject, saving practitioners valuable time in their legal research. It also examines, in more detail than has ever been done before, the case law of the European Court of Human Rights and the Court of Justice of the European Union and suggests arguments to challenge detention and seek damages that have not so far been used in domestic courts.Written by an author team representing both claimant and government interests, key issues are considered from a neutral perspective, providing a balanced and detailed exploration of the common law and policy based principles governing the exercise of immigration detention powers.

DKK 1173.00
2

Democratic Politics in a European Union Under Stress - - Bog - Oxford University Press - Plusbog.dk

Paris and Its People Under English Rule - Guy Llewelyn Thompson - Bog - Oxford University Press - Plusbog.dk