This paper draws upon automobile semiotics and legal semiotics to argue that the car in Australian social security decisions becomes an avatar for the applicant that is then decoded into meaning streams concerning deservingness and prudence. It is suggested that this has two implications. The first it highlights the techniques where by a technical object and the ‘life’ of the applicant became bridged in law; and through that bridging life becomes ‘formatted.’ The second highlights the extent of (...) automobile culture. The car has meaning beyond the highways and parking lots. The paper shows how these meanings have become integrated into processes of biopolitical governance. (shrink)

This paper examines the forms of life established through the visual governance of the Australian social security mobile app —the Express Plus Centrelink app. It is argued that the app exceeds established accounts of juridical and administrative power. The app involves a seeing that is not public, a responding that is not writing and a de-materialisation of an institution and its disciplinary apparatus. It is argued that the app creates proto-literate subjects that are required to respond to (...) a real-time sequence of images in a highly structured and circumscribed manner to become complicit in the digitalisation of their life. (shrink)

This study aims to achieve the goal of cultivating and reserving emerging professional talents in social security law, improve the curriculum and mechanism of entrepreneurship education, and improve students’ entrepreneurial willingness and entrepreneurial ability. Deep learning technology is used to study the psychological effects of entrepreneurship education for college students majoring in social security law. Firstly, the concept of entrepreneurial psychology is elaborated and summarized. A related model is designed using the theory of proactive personality and (...) planned behavior through questionnaire survey and regression analysis to explore the relationship between students’ entrepreneurial psychology and entrepreneurial intention. Secondly, an entrepreneurship education method based on deep learning is proposed, and a teaching model of multi-dimensional collaborative entrepreneurship education practice is constructed. On this basis, the deep learning algorithm combines the characteristics of the personalized recommendation algorithm to construct an efficient Problem-Based Learning learning resource recommendation algorithm. Finally, the proposed method is tested. The results show that the Significant value of students who have participated in PBL deep learning courses is less than 0.05, indicating that PBL significantly improves students’ learning ability and the ability to deal with entrepreneurial environments. The results verify the impact of entrepreneurial learning on entrepreneurial intentions. The research on PBL online learning recommendation system shows that the proposed recommendation algorithm is superior to the traditional recommendation algorithm in both roots mean square error value and mean absolute error value on both datasets. The proposed method provides a new idea of reform and innovation to cultivate social security law professionals and the cultivation of the reserve model. (shrink)

According to the Social Security Administration, 98% of minor children are eligible to receive survivors benefits if a working parent dies. However, the eligibility of children born, and even conceived, after a working parent dies is less clear. In recent years, the Social Security Administration has received more than 100 applications for survivors benefits filed on behalf of children conceived after a parent's death, and one such case, Astrue v. Capato, was heard by the U.S. Supreme (...) Court in 2012. In that case, whether the child is eligible to inherit under state intestacy law was accepted as a reasonable — and is a common — approach for determining eligibility for Social Security survivors benefits. The purpose of this study is to examine attitudes concerning access to Social Security survivors benefits in the context of various reproductive pathways and varying state intestacy laws. (shrink)

“Best interests of the child” is a key concept in international law, developed by and through institutions which maintain a stake in international solidarity. This article explores the quality of that solidarity, working to understand the modes of interrelationship between peoples and institutions which it instantiates, and which it could possibly be imagined to instantiate. Focusing on one context—the way that “best interests of the child” has developed within international politics and domestic Australian politics, through an examination of the (...) discourses produced by policy-makers working within child refugee and asylum-seeker realms—this article examines the ways that this concept has relied on, and produced, racialized hierarchical ideas of what “best interests” entails. Looking through a history of Australian settler-colonial governmentality, this article explores the tensions between discourses of security and discourses of “best interests of the child,” historicizing the figure of the refugee child and reimagining the relationships of dependency and solidarity which could be produced. (shrink)

This article reviews empirical research on social security and social welfare law. It identifies the efforts needs to be carried out to promote empirical research in this area of law and outlines an empirical research agenda of topics that should be given priority. The UK defines social security as based on five key benefits viz. social/contributory, categorical/universal, tax-based, and occupational/means-tested. This article focuses on the primary model of administrative justice. It is a three-fold: bureaucratic (...) rationality/accuracy and efficiency; professional treatment/service; and moral judgment/fairness, each pair in the order of a model and its corresponding legitimizing values, respectively. Research on social security fraud identifies a two-fold basis—reflexivity: reflection/introspection on fraudulent acts, anxiety: the extent of guilt and insecurity, post-action, and anticipation of conviction. Accordingly, based on a relative synthesis of both elements, there is a four-fold categorization which goes as follows: subversive, desperate, fatalistic, and unprincipled. (shrink)

In addition to disability insurance purchased privately by individuals or employers, three other major types of disability insurance are available: Workers’ Compensation, Social Security Disability Insurance, and Supplemental Security Insurance. The first two, Workers’ Compensation and SSDI, are available to individuals with work connections. The third, SSI, does not require a work connection.Workers’ Compensation laws were initially passed to provide economic protection for workers and their families when a worker suffered an accident on the job resulting in (...) an injury. The first laws passed were subject to court challenges based on their constitutionality. Ultimately courts approved the constitutionality of the Workers’ Compensation laws rationalizing that the laws created a compromise whereby an employee gave up her right to sue for a tort recovery in exchange for the employer's agreement to pay benefits without regard to the cause of the accident. (shrink)

This paper looks at transgender identities and the law in the context of marriage in common law jurisdictions. It particularly focuses on the nature and sources of authority over word meaning as well as the role of language and definition in classifying transgender individuals into a legal category. When it comes to the legal question of who may marry whom, and what the terms “man” and “woman” actually refer to, there is no statutory definition of the terms “man”, “woman”, “male” (...) and “female”. This has put the onus on judges, especially those who needed to decide whether a transgender person can marry in his/her affirmed sex, to interpret these terms. Two lines of cases in transgender jurisprudence are examined so as to have a close study of how the courts construed these terms and classified transgender people into a category. The first concerns United Kingdom cases, namely Corbett v Corbett, Bellinger v Bellinger and the Hong Kong case W v Registrar of Marriages, &. The second consists of Australian cases such as Secretary, Department of Social Security v State Rail Authority and Re Kevin. This paper discusses these issues by analyzing and comparing different cases in transgender jurisprudence as well as examining how these issues play out in contemporary Hong Kong. (shrink)

This article discusses the role of individual rights in the production of active citizenship. In recent years, the notion of ‘active citizenship’ has become an object of research in both political and social science. Studies that draw on the Foucaultian governmentality tradition have been particularly interested in various societal discourses and practices through which active citizenship is being produced. However, the role of law and rights has been neglected or even rejected in these studies. The aim of this article (...) is thus to show that certain procedural rights, the right to participate in particular, constitute an important legal technology in the production of active citizenship. The analysis is based on the recent developments in Finnish social and health care law. It will also be argued that despite the apparently convergent subject-matter, Jürgen Habermas’s normative theory of the ‘procedural paradigm of law’ does not offer a meaningful framework in which to address the relationship between active citizenship and procedural rights since it is based on an overly narrow conception of subjectivity. (shrink)

With the increasing mobility of the rural population in China and the growing number of residents moving to the cities for work or study, rural society is forming a pluralistic, interest-centered, “open” social networks relations that follows the modern rule of law contract. Based on Chinese General Social Survey data, the results of the empirical study finds that social insurance can significantly enhance the social interactions of rural residents in China, that is, formal social (...) class='Hi'>security system in rural areas promotes informal social security mechanisms such as social interactions. The results of the grouping test show that rural residents in China’s different regions were affected by social insurance in different ways. Social insurance has a greater impact on the social interactions in the eastern region than in the middle and western regions. The propensity score matching method was used to reduce the sample selection bias, and the findings of the paper were found to be robust. (shrink)

Although agriculture in Australia is very productive, the current food supply systems in Australia fail to deliver healthy diets to all Australians and fail to protect the natural resources on which they depend. The operation of the food systems creates ‘collateral damage’ to the natural environment including biodiversity loss. In coming decades, Australia’s food supply systems will be increasingly challenged by resource price inflation and climate change. Australia exports more than half of its current agricultural production. Government and business are (...) aiming to substantially increase production to bolster exports. This will increase pressure on agricultural resources and exacerbate ‘collateral’ damage to the environment. The Australian public have a deep and ongoing interest in a very wide range of issues associated with the food systems including the environment, health and sustainability. Food is something we require in order to live and a good diet is something we have to have to be healthy. For health over a life-time we need food security. However, we also require a range of other material goods and social arrangements in order to develop and flourish as human beings. And we need these other things to be secure over a life-time. Food is therefore one security among a range of other securities we need in order to flourish. The paper outlines a number of approaches, as examples, that help to identify what these other goods and arrangements might be. The approaches mentioned in this paper include human rights, national securities, human needs, authentic happiness, capabilities, sustainability and environmental ethics. The different approaches provide a way of evaluating the current situation and indicating a direction for change within the food systems that will address the problems. However, changing large systems such as those involved in food supply is difficult because inertias and vested interests make the current food supply systems resilient to change. The paper suggests that one of the first and ongoing tasks is to develop an understanding of the situation from a comprehensive social–ecological systems perspective. The paper also suggests that a practical leverage point for system change is restructuring the flow of information on the health, natural resources and biodiversity loss issues related to the food supply systems. (shrink)

In Alabaster v. Barclays Bank plc and Secretary of State for Social Security (No. 2: [2005] E.W.C.A Civ. 508, [2005] I.R.L.R. 576.) Michelle Alabaster won a grand total of £204.53 (plus £65.86 interest) after eight years of litigation, which included two visits to the Court of Appeal and one to the European Court of Justice. This marathon resulted from the sex discrimination which Alabaster had alleged in relation to the calculation of her Statutory Maternity Pay (S.M.P.) whilst she (...) was pregnant 10 years earlier. The technicalities of the statutory schemes involved should not be allowed to disguise the important principle which finally emerges in the Court of Appeal and which underlines one of the longstanding criticisms of the equality legislation, namely the requirement that a woman must compare herself with a man in order to establish unlawful sex discrimination. (shrink)

The presented study raises the issue of contribution payers in the field of social insurance, in particular based on the Covid-19 pandemic. Searching for ways of supporting was determined by the deterioration of the financial condition of entrepreneurs as payers of contributions. In 2020, there were no instruments or mechanisms to support entrepreneurs in a lockdown situation, which implied the need to build such tools and the legal environment for SMEs practically from the beginning. The Social Insurance Institution (...) (ZUS) was entrusted with the role of a stabilizer, consisting in servicing entrepreneurs as part of subsequent editions of the Anti-Crisis Shield. During the announcement of the COVID-19 pandemic, ZUS used the following forms of support for contribution payers: exemption from the obligation to pay contributions, postponement of the payment of contributions and payment of contributions in installments. The research question concerned the enforcement of the law and respect for the basic rights of entrepreneurs in the scope of the support used. In order to solve the research task legal interpretation were used in the work. The author’s considerations lead to the conclusion that forms of support used in connection with the Covid-19 pandemic turned out to be effective and may be used in the future in emergency situations. An important science contribution of the article results from the combination of the selected legal and economic aspects. (shrink)

Natural law contains much social thought that predates sociology and related disciplines, and can be seen as part of the prehistory of the human sciences. Key concerns of natural law thinkers include the achievement of social life and society, and the individual’s place therein. However, there is an enduring tendency within sociology to dismiss the ahistoricism and universalism of natural law, and therefore to reject natural law thought in its entirety. This article proposes an approach that rescues the (...) sociological relevance of natural law. It draws on the respective methods of Chris Thornhill and Gary Wickham, who each seek to recover the importance of natural law for sociology. Thornhill treats natural law as a valid sociological object by focusing on its functions within society rather than engaging with its ahistorical concepts. His focus on the external functions of natural law, however, leads to a neglect of the internal conceptualisations of the social world in natural law thought. This in turn leads to a misinterpretation of Hobbes and voluntarist natural law. Wickham, on the other hand, explores in detail Hobbesian conceptions of society and the individual that Wickham argues can be utilised within contemporary sociology. This article revises Thornhill’s methodological framework in order to secure a space for the recovery of natural law as social thought. This approach allows for the recognition of natural law as an important piece of the epistemological background against which contemporary understandings of the human and society emerged. (shrink)

Praise be to Allah and peace and blessings be upon the Messenger of Allah and his family and companions, and after: This research tagged with: "Family security is a legitimate purpose to achieve human security" aims to show the importance of family security, and how the Sharia paid great attention to it, and stressed the need to maintain it in all psychological, health, physical, economic and moral fields as the family is the first basic social unit (...) and nucleus, which is based on preserving it, the preservation of the human species, its security and stability, and thus the negligence of it is negligence of the human race and the human species as a whole. This research is supported by legal or Sharia ‘s texts that make it clear that achieving family security is a legitimate goal given great care by Islam, and there is no evidence of this clearer than the rotation of legal provisions either lawful or unlawful around the protection of the family: its religion, soul, mind, dignity and wealth, which preservation ot them represents the preservation of the highest levels of interests, and is called the five necessities. This research came after mentioning the legal texts supported by human studies and experiences as a source of knowledge that benefits the human race, and in support of what was stated in the legal texts of facts and results of interest that may increase the stability of the Muslim and his faith, and highlight the bright face of Sharia, away from other projects and trends that are imposed under the media noise and various pressures, despite the clarity of their destructive effects on the family and human society. The sufferings that were resulted of these devastating effects appered every where, that causes reluctance to show the truth and the beneficial and useful consequent of them, and therefore this research came as a contribution to the promotion and protection of family security as a legitimate purpose to achieve human security, where it included an introduction, seven investigations, results and conclusion. The first section included clarification of the truth of the purposes of Sharia, its sections and ranks, as the second section included confirmation that the role of women is large and important in the protection of family security and that their position in the family is responsible not hired, then the third and fourth sections indicated how Islam achieved health security and protected the family from physical and psychological diseases that may affect its members, then the fifth section showed how to achieve economic and living security, and the sixth section included a statement of how Islam achieved security for the family and protected it from extinction and weak reproduction, which endangers countries and the lack of renewal of generations resulting from the lack of births, while the seventh section dealt with the statement of how Islam achieved security for the family and protected it from crime that targets its foundation and entity. Praise be to Allah, Lord of the Worlds, and may Allah's prayers and peace be upon our Prophet Mohamed, his family and companions as a whole. (shrink)

. The author analyses the concept of legal security from its historical evolution to its main structural aspects. In the first part he argues that legal security is a historical and cultural concept of the modern world. He considers a series of factors which lead from the general concept of security generated by an ideological monism and the social rigidity characterizing the Middle Ages to the concept of legal security protected by the legal monism of (...) the modern state, where legal security, understood as formal or procedural justice, has become a principle inspiring the entire legal system. Then he considers legal security in the social state as the expression of the relationship between man and his social needs. In the second part the author makes a structural analysis of the concept of legal security in a modern legal order, identifying the different spheres in which it can be found: state,—focusing on procedural guarantees as limits to power—, law—considering the internal functioning of the legal system—, society—stressing the effects of the action of the social state on the idea of legal security. (shrink)

Background The concept of “health security” is often used to motivate public health responses, yet the ethical values that underpin this concept remain largely unexamined. The recent Australian responses to COVID-19 serve as an important case study by which we can analyse the pre-existing literature to see what ethical values shaped, and continue to shape, Australia’s response. Methods We conducted a critical interpretive literature review of academic and grey literatures within key databases, resulting in 2,220 sources. After screening (...) for duplicates and relevance, we analysed ninety-six sources. Results First, risk and uncertainty are a leading focus, with a heavy concentration on risks to life and health. Second, free movement, safety, and security were recurringly emphasized, albeit narrowly focused upon the safety of the population. Third, legitimacy was a recurring theme, and it is here that discussions of “health security” figured highly. Conclusion Discussions of harm from government and associated official bodies fail to adequately distinguish between various senses of harm. Moreover, while the literature often discusses the balancing of rights, the steps involved in the weighing of these rights is rarely adequately explained and defended. We suggest that decision-makers should endeavour to clearly identify and defend the values undergirding their decisions in the public sphere. (shrink)

This study examines whether penalties issued to Chinese listed companies by securities regulators for violations of corporate law affect the cost of debt, and the moderating role of corporate social responsibility fulfillment on this relationship. Our sample consists of firms listed on Shanghai and Shenzhen stock exchanges from 2011 to 2017 and the data are collected from the announcements of China Securities Regulatory Commission. The findings are as follows: punishment announcements by regulatory authorities increase the cost of debt; and (...) the effect of punishment announcements on the cost of debt is partially offset by prior CSR performance. These findings are shown to be robust. The reputation insurance effect of CSR is more pronounced in state-owned enterprises and in an institutional environment with low marketization, a weak legal environment, and low information transparency. The findings support the reputation insurance hypothesis of CSR and employ the cost of debt as a governance mechanism. (shrink)

This volume analyses the moral and legal foundations of privacy, security, and accountability along with the tensions that arise between these important individual and social values.

This conversation between two scholars of international law focuses on the contemporary realities of feminist analysis of international law and on current and future spaces of resistance. It notes that feminism has moved from the margin towards the centre, but that this has also come at a cost. As the language of women’s rights and gender equality has travelled into the international policy worlds of crisis management and peace and security, feminist scholars need to become more careful in their (...) analysis and find new ways of resistance. While noting that we live in dangerous times, this is also a hopeful discussion. (shrink)

This paper assesses the approach to indefinite detention adopted by the Australian government, suggesting that it is a product of incremental reasoning favouring procedure over observing substantive rights. Specific emphasis is given to the category of detainees deemed to be refugees, but assessed as a pressing security threat. The United Nations Human Rights Committee has found such approaches in violation of international law. Disproportionate measures, it is argued, have been taken regarding such a class of refugees, in direct (...) violation of the International Covenant on Civil and Political Rights. The trend towards such detention, however, is an international one, a security trend that defers legal judgment to that of the executive in what can be termed a form of governmentality in action. That trend received considerable impetus from the post-September 11, 2001 detention regime in Guantánamo Bay. (shrink)

What is the relationship between fear, danger, and the law? Cass Sunstein attacks the increasingly influential Precautionary Principle - the idea that regulators should take steps to protect against potential harms, even if causal chains are uncertain and even if we do not know that harms are likely to come to fruition. Focusing on such problems as global warming, terrorism, DDT, and genetic engineering, Professor Sunstein argues that the Precautionary Principle is incoherent. Risks exist on all sides of social (...) situations, and precautionary steps create dangers of their own. Diverse cultures focus on very different risks, often because social influences and peer pressures accentuate some fears and reduce others. Instead of adopting the Precautionary Principle, Professor Sunstein argues for three steps: a narrow Anti-Catastrophe Principle, designed for the most serious risks; close attention to costs and benefits; and an approach called 'libertarian paternalism', designed to respect freedom of choice while also moving people in directions that will make their lives go better. He also shows how free societies can protect liberty amidst fears about terrorism and national security. Laws of Fear represents a major statement from one of the most influential political and legal theorists writing today. (shrink)

The concept of business responsibility, usually termed as corporate social responsibility (CSR), originated in the early 1930s after the Wall Street crash of 1929 exposed corporate irresponsibility in large organisations. The understanding of CSR has evolved since then and its scope has now broadened from mere compliance to corporate laws to active alignment of internal business goals with externally set societal aspirations. Unfortunately, the significance of this multidimensional concept within the small and medium enterprise (SME) sector has continued to (...) be overshadowed by its application in large and multinational organisations. More importantly, this has led to the practice of judging SMEs, which are experiencing increasing pressure to engage in social activities, as if they are no different from their larger counterparts. This study therefore investigates CSR from the perspective of SMEs in Australia without any theoretical presumptions and then comments on the relevance and applicability of the two theories that have been commonly used to investigate business responsibility, namely, stakeholder theory (ST) and social capital theory (SCT). The research findings indicate that CSR within the SME sector is more aligned to the fundamentals of SCT, mainly owing to the unique resource and survival challenges that they face, and which are, arguably, not so pronounced in large organisations. (shrink)

The rise in popularity in recent times of dystopian fiction is reflective of contemporary anxieties about law: the inhumanity of judicial-coercive machinery; the influence of corporate power; the lack of democratic imagination despite the desperate need for political reform; and the threat of order imposed through violence and victimisation. These dystopian texts often tell fear-inducing stories of law’s failure to protect; or of law’s unsuccessful struggle against unbridled power; or even sometimes of law’s ‘bastardised’ reconstruction. Indeed comics, with their visual (...) and narrative intricacies, thrive on dystopia as a key vehicle for contributing to collective notions of fear and trembling about the future. Yet, at the same time, these texts also contain within them the blueprints for hope—the idea that with transformation, heroic intervention, and/or faith in ‘justice’, the law will ultimately prevail. Law’s ability to be transformed is thus simultaneously portrayed as society’s downfall, AND as the key to enlivening humanity. This article attempts to understand this schismatic role of law as presented in the recent dystopian comic book series From Above by Australian creator Craig Bruyn. In this series set in futuristic Melbourne, where law has given way to an unaccountable corporate rule, the social divide is made manifest by the absence of ‘order’, ‘law’ and ‘justice’ in certain segments of society, and yet hope in law’s return is ever-present. The paper will interrogate expectations of law and justice that is mediated through the complex interaction of fear and hope, and contextualise this within current contemporary anxieties. (shrink)

This article argues that hunger in Canada, while being an outcome of unemployment, low incomes, and inadequate welfare, springs also from the failure to recognize and implement the human right to food. Food security has, however, largely been ignored by progressive social policy analysis. Barriers standing in the way of achieving food security include the increasing commodification of welfare and the corporatization of food, the depoliticization of hunger by governments and the voluntary sector, and, most particularly, the (...) neglect by the federal and provincial governments of their obligations to guarantee the domestic right to food as expressed in international human rights law. The interconnectedness of hunger, welfare, and food security issues in a first world society are explored from the perspective of progressive social policy and food security analysis and the development of alternative strategies. In terms of advancing the human right to food in Canada, particular emphasis is placed on the role of the state and civil society, and the social and economic rights of citizenship built on an inclusive social policy analysis and politics of welfare, food security and human rights. (shrink)

Looking at the Milken case has provided an opportunity to apply a social contracts based set of rule of thumb principles to insider trading and related issues. The actions involved were found to: * 1 always violate the principle of willing compliance with law * 2 in certain instances violate the principle of avoiding actual conflicts of interest * 3 in certain instances violate the principle of honoring confidentiality.

Purpose This paper aims to study the developed countries’ experience on the cyberbullying legal regulation among adolescents, to identify existing shortcomings in the developing countries’ laws and to develop recommendations for regulatory framework improvement. Design/methodology/approach The authors have studied the state regulatory practice of the UK, the USA, Canada, Malaysia, South Africa, Turkey, UAE and analyzed the statistics of 2018 on the cyberbullying manifestation among adolescents in these countries. Findings The study results can encourage countries to create separate cyberbullying legislation (...) and periodically review and modify already existing legislation. Originality/value The study provides a list of the recommendations to regulate cybercrime in developing countries and prevent it as well. The results may contribute to creating laws related to the regulation of cyberbullying in countries where such legislation does not exist yet or existing regulatory legal acts do not bring the expected results, namely, in Post-Soviet countries and other developing countries of the world. (shrink)

The complex regulatory framework governing the U.S. health care system can be an obstacle to programming that address health-related social needs. In particular, health care fraud and abuse law is a pernicious barrier as health care organizations may minimize or forego programming altogether out of real and perceived concern for compliance. And because health care organizations have varying resources to navigate and resolve compliance concerns, as well as different levels of risk tolerance, fears related to the legal landscape may (...) further entrench inequities in access to meaningful programs that improve health outcomes. This article uses food and nutrition programming as a case study to explore the complexities presented by this area of law and to highlight pathways forward. (shrink)

The general idea developed in this paper from a sociological perspective is that some of the foundational categories on which the debate about privacy, security and technology rests are blurring. This process is a consequence of a blurring of physical and digital worlds. In order to define limits for legitimate use of intrusive digital technologies, one has to refer to binary distinctions such as private versus public, human versus technical, security versus insecurity to draw differences determining limits for (...) the use of surveillance technologies. These distinctions developed in the physical world and are rooted in a cultural understanding of pre-digital culture. Attempts to capture the problems emerging with the implementation of security technologies using legal reasoning encounter a number of problems since law is by definition oriented backwards, adapting new developments to existing traditions, whereas the intrusion of new technologies in the physical world produces changes and creates fundamentally new problems. (shrink)

The book offers insights on whether international law can shape the politics of the Security Council and, conversely, the extent to which the latter contribute to the development of international law. By providing a systematic analysis of the quantity and quality of international legal instruments referred to in the text of resolutions, the book reconstructs patterns of the Security Council's behavioural regularities and assesses them against the provisions of the United Nations Charter, which establishes its mandate. The analysis (...) is divided into three periods - the origins and Cold War period, post-Cold War period and the twenty-first century - and assesses the resolutions passed in each period by thematic category. The book argues that while international law plays an important role in shaping the politics of the Security Council, the Council's resolutions do not contribute significantly to the development of international law. (shrink)

Abstract Environmental and public health-focused sciences are increasingly characterised as constituting an emerging discipline—planetary medicine. From a governance perspective, the ethical components of that discipline may usefully be viewed as bestowing upon our ailing natural environment the symbolic moral status of a patient. Such components emphasise, for example, the origins and content of professional and social virtues and related ethical principles needed to promote global governance systems and policies that reduce ecological stresses and pathologies derived from human overpopulation, selfishness (...) and greed—such as pollution, loss of biodiversity, deforestation and greenhouse gas emissions, as well as provide necessary energy, water and food security. Less well explored in this context, however, is the ethics that should underpin global use of emerging technologies such as nanotechnology as forms of planetary therapeutics. Nanotechnology may be particularly important, for instance, as a mechanism for improving upon photosynthesis and engineering it into human structures for localised production of carbon-neutral hydrogen based-fuel and carbohydrate-based food and fertilizer. Artificial photosynthesis, because of its unique and widespread public and environmental benefits in this period of human history, may even be termed the moral culmination of nanotechnology, assisting this planet to move beyond the Anthropocene epoch to that of the Sustainocene. This paper explores practical steps towards planetary nanomedicine involving governance of artificial photosynthesis, including a UNESCO Universal Declaration on the Bioethics and Human Rights of Natural and Artificial Photosynthesis (Global Solar Fuels and Foods ). Content Type Journal Article Category Original Paper Pages 1-13 DOI 10.1007/s11569-012-0144-4 Authors Thomas Faunce, College of Medicine, Biology and the Environment and College of Law (joint Appointment), Australian National University, Acton, Australia Journal NanoEthics Online ISSN 1871-4765 Print ISSN 1871-4757. (shrink)

Vulnerability acts as a touchstone in this issue as we find our contributors reflecting on its intersection with gender and sexuality in different ways. Saeidzadeh draws out the significance of misrecognition in her consideration of responses to transsexuality in Iran, while Doonan highlights the potential pitfalls of relying on situational vulnerability in her critique of anti-trafficking legal discourse in the US. Lindsey considers the legal potential of situational vulnerability as a tool to address the ‘persistent failure to take action against (...) abuse’ in the UK. Durojaye and Oluduro contribute to the recent revitalisation in asking ‘the woman question’ by drawing on African law and literature to flesh out the development of a gender-sensitive, substantive equality approach from the jurisprudence of the African Commission on Human and Peoples’ Rights as it addresses vulnerability to violence. The reviewers continue this international conversation as they address recent contributions on sexuality, family formation and social security. (shrink)

This Article points to a widening gap between citizenship theories and practices. Although discourses of citizenship resonate widely and are used extensively by scholars and policy makers, the author argues that the social, economic, political and even psychological processes of citizenship are shrinking in a contemporary context of global insecurity where im/migration and ever more restrictive national security concerns have become enmeshed in law, as well as in the public consciousness. As a result, this Article explores new trends (...) of securitization and related processes of marketization, racialization and the invisibilization and/or instrumentalization of women and evaluates their impact on citizenship in Canada and Britain. A citizenship regime framework structures the analysis and highlights the contraction of citizenship in both countries. In the end, despite their purported concern with citizenship, social exclusion and social cohesion, British and Canadian state’s responses serve to perpetuate feelings of insecurity on the part of both citizens and non-citizens. (shrink)

Social scientists from different fields have identified security as a future-oriented mode of governance designed to preserve the social order from diverse types of global risk through international cooperation, militarization and privatization of the state security apparatus, surveillance technologies, community policing, and stigmatization of identities and behaviors deemed dangerous. This literature has largely been limited to English-speaking countries in the Global North, however, that are relatively “secure.”. To understand how security operates in a different context, (...) this article focuses on the current War on Crime in México using newspaper and magazine articles, government documents, and extant academic research. In México, it is argued, the basic elements of security governance (international cooperation, militarized police, surveillance technologies, law, etc.) are present, but in modified form. Rather than focusing on external risks that could develop into future threats, security in México is turned inward against traditional forms of national economic, political, and cultural life thought to produce harm in the present. This, in turn, underscores security’s unique purpose in the country, which is not to preserve the prevailing social order, but to transform an emergent social order that through globalization has come to threaten the state’s legitimacy. These observations suggest an international divide in the operation of security that leaves those most vulnerable in the Global South to bear the greatest costs. (shrink)

There is more to law than rules, robes and precedents. Rather, law is an integral part of social practices and policies, as diverse and complex as society itself. Thinking About Law offers a comprehensive introduction to the ways in which law has been presented and represented. It explores historical, sociological, economic and philosophical perspectives on the major legal and political debates in Australia today. The contributors examine the position of Aborigines in the Australian legal system and the impact (...) of the Mabo case; divisions of power in Australian society and law; the question of objectivity in law; the relationship between legislation and social change; judicial decision-making and other issues. Accessibly written, Thinking About Law is essential reading for students and anyone interested in understanding our legal system. (shrink)

Law abidance is very important for effective leaders. Without law abidance, abuse of power and corruption would easily happen, which would eventually erode organizational health. To promote law abidance leadership in university students in Hong Kong, we developed a law abidance leadership program with 3 h of face-to-face lecture and 7 h of self-study of materials disturbed to students. To understand students’ perception of the 3-h lecture, we conducted a post-lecture evaluation study using a 26-item measure. Results showed that the (...) scale possessed good reliability and validity. Confirmatory factor analyses showed that the assessment tool has three internally consistent and factorial invariant dimensions: program attributes, appreciation of law abidance, and teacher attributes. Regarding students’ perception of the program, students were generally satisfied with the lecture attributes, including design, content, lecture atmosphere, teaching quality, and benefits to students. In particular, students agreed that the lecture helped them understand the importance and value of law abidance and national security; over 95% of the students indicated that they would try their best to serve as law-abiding citizens and socially responsible leaders. Multiple regression analyses showed that program attributes, appreciation of law abidance, and teacher attributes predicted overall satisfaction with the lecture. Qualitative comments of the student echoed the quantitative findings, with most of the comments being positive in nature. The present study replicated the findings reported previously. Local and international contextual factors relevant to the interpretations of the findings are highlighted. (shrink)

Despite offering some protection for refugees, realpolitik in international affairs ensures that the paradigm of human security remains aspirational rather than practical. This paper begins by providing a brief snapshot of the current global refugee crisis, encompassing multiple local crises in the Middle East, Europe, Africa, and Latin America. It next details the international community’s response to these crises, highlighting the punitive policies used by the Australian government and the European Union to impede the asylum process. Lastly, the (...) paper will assess whether the framework of human security can support the right to asylum, a right that is enshrined in international law. Following a brief introduction to the concept of human security, the paper will explore its strengths and limitations, examining whether it offers a complementary source of protection to the right to asylum in the face of eroding refugee rights. I argue that human security is a useful but imperfect framework for protecting refugee rights. (shrink)

One of the major objectives in a democratic state is ensuring health security of the citizens including combating epidemic diseases. The subject matter of this article is the presentation and analysis of legal regulations regarding preventive vaccination in Poland, in particular the aspect of imposing a legal obligation and restricting parents’ right to express consent for medical intervention. The reflections made herein are aimed at finding an answer to the question whether the adopted legal solutions are admissible in a (...) democratic state with regard to ensuring health security. The purpose of the analysis is also to assess whether the abovementioned legal regulations have been formulated in a clear way and do not raise interpretation doubts and, consequently, whether they are comprehensible to the parents obliged to comply with them. As it follows from analysis of the legal provisions, parents must not refuse to subject a child to obligatory preventive vaccination and their consent is not required by law, both as regards the medical qualifying examination to exclude contraindications to performing vaccination and the vaccination itself. It is a legal obligation, from which exemption is only possible on grounds of certain medical conditions that would render vaccination inadvisable. The legal provisions that concern obligatory preventive vaccination in Poland, including in particular those referring to its enforceability, have not been formulated in a way that is sufficiently comprehensible to parents who are under the obligation of complying with them, irrespective of the fact that the language of the provisions of law should be clear and raise no interpretative doubts. In a democratic state the protection of public health against epidemic hazards justifies the implementation of legal solutions that restrict an individual’s freedom of self-determination, thus limiting the right of patients or their statutory representatives to grant or refuse consent for a medical intervention in the form of preventive vaccination – the purpose of this legal solution being to prioritize the safeguarding of state health security. It is vitally important to engage in a social dialogue with the purpose of convincing the public of the need for vaccination, its significance and its implementation for the better good. (shrink)

The article underlines the significance of social rights as important constitutional rights of a human being and emphasises the peculiarities of their nature from the point of view of not only national, but also international law. The article presents an analysis of the constitutional doctrine of the protection of guarantees of social rights, which has been formulated by the Constitutional Court of the Republic of Lithuania in the course of considering the issues of reduction of social guarantees—pensions (...) and remuneration, which were determined by the economic crisis. In the Constitutional Court’s jurisprudence the personal right to social security has been construed in the most broad and comprehensive terms. The human rights and freedoms enshrined in the Constitution have been treated as constituting an integrated and harmonious system, and social rights have been interpreted not only as certain obligations of the state to the public, which inter alia are determined by the social purpose of the state, but also as a person’s individual rights, for which judicial defence is guaranteed. Such concept of the said rights has also been influenced by international law, inter alia the jurisprudence of the European Court of Human Rights. Social rights, while being an object of regulation of international law, have been forming the European doctrine of guarantees of these rights and have influenced the concept of these rights in national law. The main attention in the article is devoted to the analysis of the doctrine formulated in the Constitutional Court’s jurisprudence in relation to the correction (limitation) of social rights (payment of pensions and remuneration) under the conditions of economic crisis. In the article the period of formation of this doctrine is divided into two stages: the period of 2002–2006, when the Constitutional Court had to decide regarding the compliance of the legal acts whereby social guarantees had been constricted with the Constitution, and which was caused by the consequences of the so-called Russian economic crisis for the economic development of the state of Lithuania; and the period from 2009 to date, during which the Constitutional Court has been forming the constitutional doctrine of limitation of social rights, which was conditioned by the outcomes of the global economic crisis for the economy of the state of Lithuania. The article raises a question as to whether the constitutional doctrine being formed by the Constitutional Court in relation to the limitation of social rights under the conditions of economic crisis may be assessed as an independent one or whether it still remains to be a separate case of limitation of rights within the general doctrine of limitation of human rights. On the basis of the analysis of the Constitutional Court’s jurisprudence, a conclusion is drawn that the criteria established in the Constitutional Court’s doctrine of limitation of social rights under the conditions of economic crisis are even stricter than the universally recognised criteria for the limitation of human rights in the law of human rights, therefore, it is possible to assess the doctrine of limitation of social rights under the conditions of economic crisis, as formulated by the Constitutional Court during 2009–2012, which is the continuation of the previous doctrine, as an independent doctrine, the basis of which, undoubtedly, remains to be formed by the general principles of limitation of human rights recognised in the law of human rights. The article is not only confined to the analysis of the jurisprudence of the Constitutional Court of the Republic of Lithuania, it also provides examples of construction of the doctrine of social rights (inter alia those influenced by the economic crisis) by certain other constitutional courts. (shrink)

This point of view compares the issue of informed patient consent primarily as it operates in Australia and the United Kingdom. It affords an overview, also, of the applicable law in the United States and Canada. It particularly focuses on the legal test to be applied to patient consent as established in the Bolam case in the United Kingdom. The case, following its approval by the House of Lords, holds that the negligent standard in patient consent situations is to be (...) determined, in cases of dispute, in accordance with standards as viewed by a proper body of competent medical practitioners. By contrast, the law in the United States is premised on the notion of the fundamental right of patients to determine what should or should not be done with their own bodies. In Australia the Bolam test has been rejected by the High Court of Australia following earlier decisions in the State Supreme Courts. The Australian courts did not accept that the setting of standards by the medical profession was an acceptable way of determining the entitlements of a patient who has suffered harm. The author places this discussion in the context of greater community awareness of medical procedures, the heightened accountability of professionals and the increasing practice of having a substantial patient input into medical decisions. He also suggests that the differing social and professional attitudes to authority and fundamental rights to be found between Australia and the United Kingdom have influenced the outcome of the cases in the higher courts of both countries. He suggests that the Bolam test is an illustration of the tendency of authority in the United Kingdom to believe that 'Nanny know best'. (shrink)

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 and 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 and the Arts, Australian National University, Australia. (shrink)

ABSTRACT According to Lyman Tower Sargent, utopias are repositories for individual and collective hopes and fears, which sometimes unleash energies that can achieve at least part of what is hoped for. The Australian green bans movement of 1971–75 can be understood as a utopian project in this sense. During this period, the construction workers organized in the New South Wales branch of a labor union, known as the Builders Labourers' Federation, refused to work on ecologically or socially harmful projects (...) and publicly argued for their collective right to socially responsible labor. Coining the term “green bans” to describe environmentally motivated withdrawals of labor, they halted projects worth five billion Australian dollars at 1970s prices. When enthusiastic resident action groups mobilized in support of these bans, the union grew into the core of a more general social movement. The success of the green bans movement suggests that the power of subversive imagining can be especially effective if coupled with the power of workers at the point of production. The movement's basic premise—that workers, acting in the general public interest, should decide what can be built and where—represented a direct challenge to the dominant power relations. Ultimately, such impossible demands could not be conceded either by the employers or by the state. But the practical effects of this utopianism nonetheless secured substantial environmental improvements, which brought the green bans activists significantly closer to their dreams. (shrink)

Addressing ESG issues has become a point of interest for investors, shareholders, and governments as a risk management concern, while for firms it has become an emerging part of competitive strategy. In this study, a database from an independent ratings agency is used to examine, longitudinally, how Australian Securities Exchange (ASX) 300 firms are responding to ESG issues. Following institutional theory predictions, ASX300 firms are improving ESG performance over the 2002–2009 timeframe. Furthermore, over this timeframe, performance on the governance (...) dimension improved at a greater rate than environmental or social performance, as predicted. Lastly, high impact industries are predicted to demonstrate overall improved ESG performance relative to medium or low impact industries over the timeframe, but this hypothesis was not confirmed. Results are discussed along with implications and future research directions. (shrink)

This article is the result of an international research between law and ethics scholars from Universities in France and Switzerland, who have been closely collaborating with technical experts on the design and use of information and communication technologies in the fields of human health and security. The interdisciplinary approach is a unique feature and guarantees important new insights in the social, ethical and legal implications of these technologies for the individual and society as a whole. Its aim is (...) to shed light on the tension between secrecy and transparency in the digital era. A special focus is put from the perspectives of psychology, medical ethics and European law on the contradiction between individuals’ motivations for consented processing of personal data and their fears about unknown disclosure, transferal and sharing of personal data via information and communication technologies (named the “privacy paradox”). Potential benefits and harms for the individual and society resulting from the use of computers, mobile phones, the Internet and social media are being discussed. Furthermore, the authors point out the ethical and legal limitations inherent to the processing of personal data in a democratic society governed by the rule of law. Finally, they seek to demonstrate that the impact of information and communication technology use on the individuals’ well-being, the latter being closely correlated with a high level of fundamental rights protection in Europe, is a promising feature of the socalled “e-democracy” as a new way to collectively attribute meaning to large-scale online actions, motivations and ideas. (shrink)

Inequality isn’t just for the young anymore. People over age sixty-five face large and growing inequalities in health, wealth, work, and family. The widening gap between better- and worse-off older Americans has begun to undermine legal institutions that once worked to correct inequality, including Social Security, Medicare, private pensions, and family law. In this Article, I briefly document the inequalities that have transformed old age in the last fifty years and then analyze three common justifications for reform: budget (...) solvency, inequality, and progressivity. I show that each of these falls short of the kind of principled justification that will be needed to justify cutting benefits, raising taxes, or both. (shrink)

Natural law as a discipline was definitively institutionalized at universities in the Habsburg monarchy during the reforms of Maria Theresia after 1752. The guiding principles of these reforms were set in the instruction for the chair of natural law in Vienna which was given to Carl Anton Martini. It was Catholic in conception, but it ordered the professor to draw on Grotius. Our article reconstructs the elementary structure of Martini’s theory of natural law with a focus on his conception of (...) state. The article proves that Martini did not adopt Wolff’s conception of deducing duties and obligations from the highest principle for that would conflict with the Catholic emphasis on freedom of will. Instead of that, Martini derived duties and rights from the three God-given ends. Martini perceived the state as based on social contract, after the model of Christian Wolff. However, it seems that Martini rejected the two-contract model and acknowledged only the contract of submission as binding. Martini sought to hold the middle ground between Machiavellians arguing that the subjects lose all rights after the social contract, and radical ‘monarchomachs’ who believe that the ‘populus’ retains the supreme power. Martini argues that the ruler is limited by natural laws; the subjects retain rights to life and to property, but they are denied any right to resistance. Since Martini derived the monarch’s powers from the unlimited duty to guarantee security, he admitted even encroachments on religious freedom. He admitted coercion in matters that would threaten salus civitatis, but respected the inner libertas conscientiae. He also acknowledged a peculiar division of powers differentiating between a legislative, an inspectorial and an executive power. Even though the aim of this division was not a system of checks and balances, a precise description of the scope of the executive power helped to delimit a sphere of individual freedom. (shrink)