Lucy Vickers
- Published in print:
- 2002
- Published Online:
- March 2012
- ISBN:
- 9780198268307
- eISBN:
- 9780191683497
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198268307.001.0001
- Subject:
- Law, Company and Commercial Law
This book examines employment law implications for employees who exercise the right to freedom of speech, and argues for increased rights to free speech in this context. Most obviously, employees ...
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This book examines employment law implications for employees who exercise the right to freedom of speech, and argues for increased rights to free speech in this context. Most obviously, employees need protection when speaking about immediate threats to health and safety or serious financial malpractice, but they also need protection when participating in debate on matters that are in the public interest. The book suggests that the rights of employees to participate in debate on matters of public interest are vital to a healthy democratic system. The book begins with a study of the philosophical basis for protecting the right to free speech and considers the extent to which that right should survive entry to the workplace. It establishes a principled basis upon which to determine the proper scope of the employee's right to free speech, taking into account the rights of both employers and employees. The impact of the Human Rights Act 1998 and the law under article 10 ECHR is assessed, together with the question of when the exercise of free speech by an employee breaches the contract of employment. The book contains a detailed treatment of the Public Interest Disclosure Act 1998, the rules on unfair dismissal, and the special position of employees working in the civil service, local government, and the NHS. Throughout the discussion of these issues, an assessment is made of the extent to which the current law complies with the proposed model for protection of employee speech.Less
This book examines employment law implications for employees who exercise the right to freedom of speech, and argues for increased rights to free speech in this context. Most obviously, employees need protection when speaking about immediate threats to health and safety or serious financial malpractice, but they also need protection when participating in debate on matters that are in the public interest. The book suggests that the rights of employees to participate in debate on matters of public interest are vital to a healthy democratic system. The book begins with a study of the philosophical basis for protecting the right to free speech and considers the extent to which that right should survive entry to the workplace. It establishes a principled basis upon which to determine the proper scope of the employee's right to free speech, taking into account the rights of both employers and employees. The impact of the Human Rights Act 1998 and the law under article 10 ECHR is assessed, together with the question of when the exercise of free speech by an employee breaches the contract of employment. The book contains a detailed treatment of the Public Interest Disclosure Act 1998, the rules on unfair dismissal, and the special position of employees working in the civil service, local government, and the NHS. Throughout the discussion of these issues, an assessment is made of the extent to which the current law complies with the proposed model for protection of employee speech.
Paul Dickinson
- Published in print:
- 2011
- Published Online:
- November 2015
- ISBN:
- 9780231158633
- eISBN:
- 9780231530286
- Item type:
- chapter
- Publisher:
- Columbia University Press
- DOI:
- 10.7312/columbia/9780231158633.003.0037
- Subject:
- Economics and Finance, Financial Economics
This chapter discusses the Carbon Disclosure Project (CDP), a nonprofit organization known for aggregating the interest of investors. In 2002 it represented thirty-five investors with $4 trillion, ...
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This chapter discusses the Carbon Disclosure Project (CDP), a nonprofit organization known for aggregating the interest of investors. In 2002 it represented thirty-five investors with $4 trillion, and by 2010, this had grown to 500 investors with $60 trillion. The CDP also works with the accounting profession. A major project is the Climate Disclosure Standards Board, where it coordinates the big four accountants to determine what part of carbon accounting should go into the statutory legal annual report. The CDP has many government supporters, including ministers from fifteen member countries of the Organization for Economic Co-operation and Development (OECD). It has been funded by the governments of Australia, France, Sweden, the UK and the US, and supported by the Ministry of Environment in Japan. With its initiatives on water, bonds, and accounting, the CDP is seeking to increase collaboration with sovereign wealth funds (SWFs) to ensure a rational response to climate change through information.Less
This chapter discusses the Carbon Disclosure Project (CDP), a nonprofit organization known for aggregating the interest of investors. In 2002 it represented thirty-five investors with $4 trillion, and by 2010, this had grown to 500 investors with $60 trillion. The CDP also works with the accounting profession. A major project is the Climate Disclosure Standards Board, where it coordinates the big four accountants to determine what part of carbon accounting should go into the statutory legal annual report. The CDP has many government supporters, including ministers from fifteen member countries of the Organization for Economic Co-operation and Development (OECD). It has been funded by the governments of Australia, France, Sweden, the UK and the US, and supported by the Ministry of Environment in Japan. With its initiatives on water, bonds, and accounting, the CDP is seeking to increase collaboration with sovereign wealth funds (SWFs) to ensure a rational response to climate change through information.
Elliot R. Wolfson
- Published in print:
- 2014
- Published Online:
- September 2014
- ISBN:
- 9780823255702
- eISBN:
- 9780823260911
- Item type:
- book
- Publisher:
- Fordham University Press
- DOI:
- 10.5422/fordham/9780823255702.001.0001
- Subject:
- Religion, Judaism
The book explores the codependency of monotheism and idolatry by examining the thought of several prominent twentieth-century Jewish philosophers—Hermann Cohen, Martin Buber, Franz Rosenzweig, and ...
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The book explores the codependency of monotheism and idolatry by examining the thought of several prominent twentieth-century Jewish philosophers—Hermann Cohen, Martin Buber, Franz Rosenzweig, and Emmanuel Levinas. While all of these thinkers were keenly aware of the pitfalls of scriptural theism, in differing degrees, they each succumbed to the temptation to personify transcendence, even as they tried either to circumvent or to restrain it by apophatically purging kataphatic descriptions of the deity. Jacques Derrida and Edith Wyschogrod, by contrast, carried the project of denegation one step further, embarking on a path that culminated in the aporetic suspension of belief and the consequent removal of all images from God, a move that seriously compromises the viability of devotional piety. The inquiry into apophasis, transcendence, and immanence challenges recent attempts to harness the apophatic tradition to construct a viable postmodern negative theology. Not only are these philosophies of transcendence guilty of a turn to theology that defies the phenomenological presupposition of an immanent phenomenality, but they fall short on their own terms, inasmuch as they persist in employing metaphorical language that personalizes transcendence and thereby runs the risk of undermining the irreducible alterity and invisibility attributed to the transcendent other. Apophatic theologies, accordingly, must be supplanted by a more far-reaching apophasis, such that the much-celebrated metaphor of the gift would give way to the more neutral notion of an unconditional givenness that allows the apparent to appear as given without presuming a causal agency that would turn that given into a gift.Less
The book explores the codependency of monotheism and idolatry by examining the thought of several prominent twentieth-century Jewish philosophers—Hermann Cohen, Martin Buber, Franz Rosenzweig, and Emmanuel Levinas. While all of these thinkers were keenly aware of the pitfalls of scriptural theism, in differing degrees, they each succumbed to the temptation to personify transcendence, even as they tried either to circumvent or to restrain it by apophatically purging kataphatic descriptions of the deity. Jacques Derrida and Edith Wyschogrod, by contrast, carried the project of denegation one step further, embarking on a path that culminated in the aporetic suspension of belief and the consequent removal of all images from God, a move that seriously compromises the viability of devotional piety. The inquiry into apophasis, transcendence, and immanence challenges recent attempts to harness the apophatic tradition to construct a viable postmodern negative theology. Not only are these philosophies of transcendence guilty of a turn to theology that defies the phenomenological presupposition of an immanent phenomenality, but they fall short on their own terms, inasmuch as they persist in employing metaphorical language that personalizes transcendence and thereby runs the risk of undermining the irreducible alterity and invisibility attributed to the transcendent other. Apophatic theologies, accordingly, must be supplanted by a more far-reaching apophasis, such that the much-celebrated metaphor of the gift would give way to the more neutral notion of an unconditional givenness that allows the apparent to appear as given without presuming a causal agency that would turn that given into a gift.
A.G. Noorani
- Published in print:
- 2006
- Published Online:
- October 2012
- ISBN:
- 9780195678291
- eISBN:
- 9780199080588
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195678291.003.0003
- Subject:
- Law, Constitutional and Administrative Law
This chapter discusses the need to regulate lobbying in India. It discusses the case of the United States, where senators and Congressmen hold themselves out as guns for hire to both domestic ...
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This chapter discusses the need to regulate lobbying in India. It discusses the case of the United States, where senators and Congressmen hold themselves out as guns for hire to both domestic interests and foreign governments, in order to cope with the increasing expense of election campaigns. The chapter suggests that before the situation in India deteriorates and acquires American proportions, why not borrow a leaf from that country and trim it to suit India's needs? It describes laws such as the Regulation of Lobbying Act, 1946, which has provided for registration of lobbyists but was confined to lobbying in respect of legislation; and the Lobbying Disclosure Act, 1995 which covers the making and administration of policy, contract or loan, as well as legislation.Less
This chapter discusses the need to regulate lobbying in India. It discusses the case of the United States, where senators and Congressmen hold themselves out as guns for hire to both domestic interests and foreign governments, in order to cope with the increasing expense of election campaigns. The chapter suggests that before the situation in India deteriorates and acquires American proportions, why not borrow a leaf from that country and trim it to suit India's needs? It describes laws such as the Regulation of Lobbying Act, 1946, which has provided for registration of lobbyists but was confined to lobbying in respect of legislation; and the Lobbying Disclosure Act, 1995 which covers the making and administration of policy, contract or loan, as well as legislation.
Patrick Bolton, Frederic Samama, and Joseph E. Stiglitz (eds)
- Published in print:
- 2011
- Published Online:
- November 2015
- ISBN:
- 9780231158633
- eISBN:
- 9780231530286
- Item type:
- chapter
- Publisher:
- Columbia University Press
- DOI:
- 10.7312/columbia/9780231158633.003.0041
- Subject:
- Economics and Finance, Financial Economics
This chapter summarizes the panel discussion on reducing climate risk. It describes how the transition to the low-carbon high-efficiency (LCHE) economy and the explosive growth in the global middle ...
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This chapter summarizes the panel discussion on reducing climate risk. It describes how the transition to the low-carbon high-efficiency (LCHE) economy and the explosive growth in the global middle class will lead to a number of new markets and a number of disruptions in existing markets. Innovations are coming, in carbon-free energy sources and in smart energy initiatives, all of which will have vast implications for sovereign wealth funds (SWFs). The Carbon Disclosure Project (CDP), with its initiatives on water, bonds, and accounting, is an entity with which SWFs can partner to ensure a rational response to climate change through information. SWFs should also examine their portfolio exposure and work to gain more exposure to some of the upward dynamics that will ensure their returns.Less
This chapter summarizes the panel discussion on reducing climate risk. It describes how the transition to the low-carbon high-efficiency (LCHE) economy and the explosive growth in the global middle class will lead to a number of new markets and a number of disruptions in existing markets. Innovations are coming, in carbon-free energy sources and in smart energy initiatives, all of which will have vast implications for sovereign wealth funds (SWFs). The Carbon Disclosure Project (CDP), with its initiatives on water, bonds, and accounting, is an entity with which SWFs can partner to ensure a rational response to climate change through information. SWFs should also examine their portfolio exposure and work to gain more exposure to some of the upward dynamics that will ensure their returns.
Derek P. Auchie and Ailsa Carmichael
- Published in print:
- 2009
- Published Online:
- May 2020
- ISBN:
- 9781845860226
- eISBN:
- 9781474406291
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781845860226.003.0003
- Subject:
- Law, Medical Law
In this and the next chapter, we will consider how tribunal hearings should be conducted. All aspects of the hearing will be considered in these two chapters, except for the rules of evidence, which ...
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In this and the next chapter, we will consider how tribunal hearings should be conducted. All aspects of the hearing will be considered in these two chapters, except for the rules of evidence, which are dealt with in Chapter 5.
Clearly, the procedure to be followed will vary to some extent, depending on the purpose of the hearing, and again depending on who attends and on the issues the tribunal will focus on. However, there are some general provisions in the rules on how any hearing should be conducted. There are also some generic practical points that can apply to most, if not all, hearings. It is these rules and generic points that will be explained in this chapter and the next. In this and the following chapter, unless otherwise stated, all comments apply to hearings on all types of application, referral and appeal to be heard by the tribunal.Less
In this and the next chapter, we will consider how tribunal hearings should be conducted. All aspects of the hearing will be considered in these two chapters, except for the rules of evidence, which are dealt with in Chapter 5.
Clearly, the procedure to be followed will vary to some extent, depending on the purpose of the hearing, and again depending on who attends and on the issues the tribunal will focus on. However, there are some general provisions in the rules on how any hearing should be conducted. There are also some generic practical points that can apply to most, if not all, hearings. It is these rules and generic points that will be explained in this chapter and the next. In this and the following chapter, unless otherwise stated, all comments apply to hearings on all types of application, referral and appeal to be heard by the tribunal.
David Caron
- Published in print:
- 2014
- Published Online:
- August 2015
- ISBN:
- 9780816691753
- eISBN:
- 9781452949581
- Item type:
- book
- Publisher:
- University of Minnesota Press
- DOI:
- 10.5749/minnesota/9780816691753.001.0001
- Subject:
- Society and Culture, Gay and Lesbian Studies
1.2 million people in the United States are currently living with HIV, and over 30 states have laws criminalizing HIV nondisclosure and/or exposure. As more people continue to be infected (at a rate ...
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1.2 million people in the United States are currently living with HIV, and over 30 states have laws criminalizing HIV nondisclosure and/or exposure. As more people continue to be infected (at a rate of about 50,000 per year in this country alone), and as mortality continues to decline, HIV infection will become an increasingly common, shared experience. Yet, today, in Western countries where effective treatments are easily available to many of those who need them, to disclose one’s HIV-positive status is not as easy a proposition as some may think. A personal narrative of a gay man’s life with HIV, the book tells a story of diagnosis and adaptation to what is essentially a new life. It focuses on the experience of having one’s own body caught in a catastrophic pandemic and in an intricate web of discourses—medical, legal, academic, moral, etc.—and spaces—urban, institutional, virtual. How does one deal with a disease that is no longer the automatic death sentence it once was but continues to terrify people as if it were? What is it like to live with HIV after 9/11 and the so-called war on terror, when fear and suspicion have become the order of the day? Going beyond personal experience, the book goes on to probe popular culture and politics as well as literary memoirs and films in order to ask deeper questions about our relationships with others.Less
1.2 million people in the United States are currently living with HIV, and over 30 states have laws criminalizing HIV nondisclosure and/or exposure. As more people continue to be infected (at a rate of about 50,000 per year in this country alone), and as mortality continues to decline, HIV infection will become an increasingly common, shared experience. Yet, today, in Western countries where effective treatments are easily available to many of those who need them, to disclose one’s HIV-positive status is not as easy a proposition as some may think. A personal narrative of a gay man’s life with HIV, the book tells a story of diagnosis and adaptation to what is essentially a new life. It focuses on the experience of having one’s own body caught in a catastrophic pandemic and in an intricate web of discourses—medical, legal, academic, moral, etc.—and spaces—urban, institutional, virtual. How does one deal with a disease that is no longer the automatic death sentence it once was but continues to terrify people as if it were? What is it like to live with HIV after 9/11 and the so-called war on terror, when fear and suspicion have become the order of the day? Going beyond personal experience, the book goes on to probe popular culture and politics as well as literary memoirs and films in order to ask deeper questions about our relationships with others.
Lucy Vickers
- Published in print:
- 2002
- Published Online:
- March 2012
- ISBN:
- 9780198268307
- eISBN:
- 9780191683497
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198268307.003.0005
- Subject:
- Law, Company and Commercial Law
This chapter considers the extent to which these various provisions provide adequate employment protection for free speech. Employees who exercise the right to free speech about work may well find ...
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This chapter considers the extent to which these various provisions provide adequate employment protection for free speech. Employees who exercise the right to free speech about work may well find their employers less than pleased. The employer may perceive the employee's action to be disloyal as well as disliking any adverse publicity that results from the speech. In response, the employer may take disciplinary action against the employee, and may even dismiss them. The Public Interest Disclosure Act 1998 extends the law on unfair dismissal to provide automatic protection for employees who raise matters of concern relating to designated types of wrongdoing or malpractice at work. In addition, several statutes, such as the Sex Discrimination Act 1975, provide protection for employees who disclose that their standards are not being met.Less
This chapter considers the extent to which these various provisions provide adequate employment protection for free speech. Employees who exercise the right to free speech about work may well find their employers less than pleased. The employer may perceive the employee's action to be disloyal as well as disliking any adverse publicity that results from the speech. In response, the employer may take disciplinary action against the employee, and may even dismiss them. The Public Interest Disclosure Act 1998 extends the law on unfair dismissal to provide automatic protection for employees who raise matters of concern relating to designated types of wrongdoing or malpractice at work. In addition, several statutes, such as the Sex Discrimination Act 1975, provide protection for employees who disclose that their standards are not being met.
Sherry Hamby
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9780199873654
- eISBN:
- 9780199369645
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199873654.003.0008
- Subject:
- Social Work, Crime and Justice
To many people, helpseeking primarily refers to contacting professional help. That is not how many people seek help, however. People most often turn to family, friends, and other loved ones. As ...
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To many people, helpseeking primarily refers to contacting professional help. That is not how many people seek help, however. People most often turn to family, friends, and other loved ones. As with other aspects of battered women's protective strategies, there are many important facets of informal helpseeking that are under-recognized. Disclosure always comes with the risk of rejection and stigma. When women choose not to disclose to family, service providers, or researchers, they are often making a calculated decision that the risks of disclosure in that circumstance do not exceed the benefits. The vast majority women disclose to at least one person in their social network. The differences in rates of disclosure across groups also makes more sense than is commonly acknowledged, as virtually all studies show family is disclosed to more than co-workers. All types of reaching out for social support are reviewed in this chapter.Less
To many people, helpseeking primarily refers to contacting professional help. That is not how many people seek help, however. People most often turn to family, friends, and other loved ones. As with other aspects of battered women's protective strategies, there are many important facets of informal helpseeking that are under-recognized. Disclosure always comes with the risk of rejection and stigma. When women choose not to disclose to family, service providers, or researchers, they are often making a calculated decision that the risks of disclosure in that circumstance do not exceed the benefits. The vast majority women disclose to at least one person in their social network. The differences in rates of disclosure across groups also makes more sense than is commonly acknowledged, as virtually all studies show family is disclosed to more than co-workers. All types of reaching out for social support are reviewed in this chapter.
Marian Duggan
- Published in print:
- 2018
- Published Online:
- January 2019
- ISBN:
- 9781447338765
- eISBN:
- 9781447339182
- Item type:
- chapter
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781447338765.003.0010
- Subject:
- Law, Criminal Law and Criminology
Domestic violence victimisation has long been a contested issue with regards to ‘idealised’ victims. Socio-political rhetoric often questions ‘why didn’t she leave?’ yet feminist research has long ...
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Domestic violence victimisation has long been a contested issue with regards to ‘idealised’ victims. Socio-political rhetoric often questions ‘why didn’t she leave?’ yet feminist research has long indicated that leaving a violent partner may increase a female victim’s vulnerability to escalated – and fatal – violence. This chapter assesses a relatively new policy designed to safeguard people from domestic abuse. The Domestic Violence Disclosure Scheme, also known as ‘Clare’s Law’ permits members of the public to apply for information from the police about a partner who they have concerns about regarding abusive behaviours. If a disclosure of previous violence is made, the victim must decide whether to remain in or leave the relationship. Elements of this policy are evaluated in line with Christie’s ‘ideal victim’ concept to demonstrate how it may account for greater harms to applicants. In addition, the chapter explores expectations of safeguarding measures and the potential impact on wider victim-blaming discourses linked to domestic violence.Less
Domestic violence victimisation has long been a contested issue with regards to ‘idealised’ victims. Socio-political rhetoric often questions ‘why didn’t she leave?’ yet feminist research has long indicated that leaving a violent partner may increase a female victim’s vulnerability to escalated – and fatal – violence. This chapter assesses a relatively new policy designed to safeguard people from domestic abuse. The Domestic Violence Disclosure Scheme, also known as ‘Clare’s Law’ permits members of the public to apply for information from the police about a partner who they have concerns about regarding abusive behaviours. If a disclosure of previous violence is made, the victim must decide whether to remain in or leave the relationship. Elements of this policy are evaluated in line with Christie’s ‘ideal victim’ concept to demonstrate how it may account for greater harms to applicants. In addition, the chapter explores expectations of safeguarding measures and the potential impact on wider victim-blaming discourses linked to domestic violence.
Arnold A. Lazarus
- Published in print:
- 2013
- Published Online:
- May 2014
- ISBN:
- 9780262019682
- eISBN:
- 9780262317245
- Item type:
- chapter
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262019682.003.0022
- Subject:
- Biology, Bioethics
When taken too far, certain well-intentioned ethical guidelines can become transformed into artificial boundaries that serve as destructive prohibitions and thereby undermine clinical effectiveness. ...
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When taken too far, certain well-intentioned ethical guidelines can become transformed into artificial boundaries that serve as destructive prohibitions and thereby undermine clinical effectiveness. Rigid roles and strict codified rules of conduct between therapist and client can obstruct a clinician’s artistry. Those anxious conformists who go entirely by the book, and who live in constant fear of malpractice suits, are unlikely to prove significantly helpful to a broad array of clients. The author argues that one of the worst professional/ethical violations is to permit current risk-management principles to take precedence over humane interventions.Less
When taken too far, certain well-intentioned ethical guidelines can become transformed into artificial boundaries that serve as destructive prohibitions and thereby undermine clinical effectiveness. Rigid roles and strict codified rules of conduct between therapist and client can obstruct a clinician’s artistry. Those anxious conformists who go entirely by the book, and who live in constant fear of malpractice suits, are unlikely to prove significantly helpful to a broad array of clients. The author argues that one of the worst professional/ethical violations is to permit current risk-management principles to take precedence over humane interventions.
Laura Hengehold
- Published in print:
- 2017
- Published Online:
- January 2019
- ISBN:
- 9781474418874
- eISBN:
- 9781474438599
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781474418874.003.0004
- Subject:
- Philosophy, Metaphysics/Epistemology
Beauvoir’s discussion of “Liberation” at the end of The Second Sex draws on prior efforts to ground ethical freedom in the act of disclosing the freedom of others. This chapter pursues a non-Hegelian ...
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Beauvoir’s discussion of “Liberation” at the end of The Second Sex draws on prior efforts to ground ethical freedom in the act of disclosing the freedom of others. This chapter pursues a non-Hegelian interpretation of Beauvoir’s ethics through careful readings of Pyrrhus et Cinéas and The Ethics of Ambiguity, as well as her political essays. Beauvoirian freedom is reconceived as an effort to support one’s own individuation through the individuation of others, bringing her into dialogue with contemporary thinkers of the “transindividual” and Mitsein such as Gilbert Simondon, Paolo Virno, and Jean-Luc Nancy.Less
Beauvoir’s discussion of “Liberation” at the end of The Second Sex draws on prior efforts to ground ethical freedom in the act of disclosing the freedom of others. This chapter pursues a non-Hegelian interpretation of Beauvoir’s ethics through careful readings of Pyrrhus et Cinéas and The Ethics of Ambiguity, as well as her political essays. Beauvoirian freedom is reconceived as an effort to support one’s own individuation through the individuation of others, bringing her into dialogue with contemporary thinkers of the “transindividual” and Mitsein such as Gilbert Simondon, Paolo Virno, and Jean-Luc Nancy.
Kenneth McK Norrie
- Published in print:
- 2011
- Published Online:
- September 2015
- ISBN:
- 9781845861193
- eISBN:
- 9781474406246
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781845861193.003.0045
- Subject:
- Law, Family Law
The age of criminal liability in Scotland remains 8, though in 2010 the age of prosecution was raised to 12. Children between 8 and 12 can only be brought before a children's hearing. But whether ...
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The age of criminal liability in Scotland remains 8, though in 2010 the age of prosecution was raised to 12. Children between 8 and 12 can only be brought before a children's hearing. But whether through prosecution or referral to a hearing, a child accused of a criminal offence will acquire a criminal record. The Scottish Parliament attempted to ameliorate this position somewhat in the Children's Hearings (Scotland) Act 2011, but this commentary suggests that the Parliament did not go far enough, and it makes suggestions for change.Less
The age of criminal liability in Scotland remains 8, though in 2010 the age of prosecution was raised to 12. Children between 8 and 12 can only be brought before a children's hearing. But whether through prosecution or referral to a hearing, a child accused of a criminal offence will acquire a criminal record. The Scottish Parliament attempted to ameliorate this position somewhat in the Children's Hearings (Scotland) Act 2011, but this commentary suggests that the Parliament did not go far enough, and it makes suggestions for change.
Onnig H. Dombalagian
- Published in print:
- 2015
- Published Online:
- September 2015
- ISBN:
- 9780262028622
- eISBN:
- 9780262324298
- Item type:
- chapter
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262028622.003.0003
- Subject:
- Economics and Finance, Financial Economics
This chapter surveys the design of mandatory disclosure regimes for public company information under US securities law and EU capital markets directives. The chapter begins with an overview of the ...
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This chapter surveys the design of mandatory disclosure regimes for public company information under US securities law and EU capital markets directives. The chapter begins with an overview of the types of company information that investors seek about issuers and their securities when making investment or trading decisions—e.g., narrative information, financial information, forward-looking information, qualitative disclosures, and outside information. It then considers the policy arguments for and against imposing mandatory disclosure requirements on public companies, prohibiting selective disclosure, and requiring verification of disclosures through internal and external disclosure controls. The chapter concludes with a summary of the salient features of the US and EU periodic reporting and real-time disclosure regimes, in terms of scope, content, format, dissemination, and retrieval.Less
This chapter surveys the design of mandatory disclosure regimes for public company information under US securities law and EU capital markets directives. The chapter begins with an overview of the types of company information that investors seek about issuers and their securities when making investment or trading decisions—e.g., narrative information, financial information, forward-looking information, qualitative disclosures, and outside information. It then considers the policy arguments for and against imposing mandatory disclosure requirements on public companies, prohibiting selective disclosure, and requiring verification of disclosures through internal and external disclosure controls. The chapter concludes with a summary of the salient features of the US and EU periodic reporting and real-time disclosure regimes, in terms of scope, content, format, dissemination, and retrieval.
Ron Johnston and Charles Pattie
- Published in print:
- 2014
- Published Online:
- January 2015
- ISBN:
- 9781447306320
- eISBN:
- 9781447311874
- Item type:
- chapter
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781447306320.003.0005
- Subject:
- Political Science, Public Policy
Donations are a major source of income for local parties, but the details of who makes these donations remain opaque. The chapter examines local party accounts (where these are available) and ...
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Donations are a major source of income for local parties, but the details of who makes these donations remain opaque. The chapter examines local party accounts (where these are available) and information held by the Electoral Commission on individual donations to political parties to gain some insight. However, in the majority of cases the ultimate source of donations to local parties remains unknown. Where evidence is available, it suggests that in many cases parties use local ‘fighting funds’ and similar bodies, associated with the party but technically independent of it, to collect and disburse donations to their constituency organisations, getting around the requirements of the disclosure legislation. Much local donation activity involves shuffling resources from one part of a party’s local organisation to another. Overall, however, the evidence suggests that most local parties’ finances restrict them to a ‘hand-to-mouth’ existence.Less
Donations are a major source of income for local parties, but the details of who makes these donations remain opaque. The chapter examines local party accounts (where these are available) and information held by the Electoral Commission on individual donations to political parties to gain some insight. However, in the majority of cases the ultimate source of donations to local parties remains unknown. Where evidence is available, it suggests that in many cases parties use local ‘fighting funds’ and similar bodies, associated with the party but technically independent of it, to collect and disburse donations to their constituency organisations, getting around the requirements of the disclosure legislation. Much local donation activity involves shuffling resources from one part of a party’s local organisation to another. Overall, however, the evidence suggests that most local parties’ finances restrict them to a ‘hand-to-mouth’ existence.
Mark Naylor
- Published in print:
- 2020
- Published Online:
- January 2021
- ISBN:
- 9781529203769
- eISBN:
- 9781529203776
- Item type:
- chapter
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781529203769.003.0007
- Subject:
- Sociology, Gender and Sexuality
Disclosing to someone that you have been the victim of a sexual offence has been described as stepping out of an airplane door and not being sure if your parachute is going to work. This is ...
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Disclosing to someone that you have been the victim of a sexual offence has been described as stepping out of an airplane door and not being sure if your parachute is going to work. This is especially true of historic sexual offences, where the victim has lived with, and sometimes normalised their experiences, often over decades. The stigma of being a victim, the shame about not stopping the offence or making a disclosure sooner, the anxiety about how family, colleagues and partners will view you, all act as inhibitors to making disclosures; these continue even after disclosure is made. The purpose of this chapter is to discuss the authors lived experiences of investigating sexual offences and of making a disclosure of historic sexual abuse to his employer.Less
Disclosing to someone that you have been the victim of a sexual offence has been described as stepping out of an airplane door and not being sure if your parachute is going to work. This is especially true of historic sexual offences, where the victim has lived with, and sometimes normalised their experiences, often over decades. The stigma of being a victim, the shame about not stopping the offence or making a disclosure sooner, the anxiety about how family, colleagues and partners will view you, all act as inhibitors to making disclosures; these continue even after disclosure is made. The purpose of this chapter is to discuss the authors lived experiences of investigating sexual offences and of making a disclosure of historic sexual abuse to his employer.
Suzanne Cahill
- Published in print:
- 2018
- Published Online:
- September 2018
- ISBN:
- 9781447331377
- eISBN:
- 9781447331391
- Item type:
- chapter
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781447331377.003.0004
- Subject:
- Sociology, Gerontology and Ageing
This chapter addresses the topic of the everyday human rights and fundamental freedoms many of us take for granted but are often denied when a person develops dementia. These include the right to, ...
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This chapter addresses the topic of the everyday human rights and fundamental freedoms many of us take for granted but are often denied when a person develops dementia. These include the right to, when worried about our health obtain a medical diagnosis and be advised about this by a qualified primary care physician; the right to post diagnostic services including rehabilitation based on a multi-disciplinary assessment and the right to live in the community including a dementia friendly community and participate fully in all aspects of its civil social, economic and political life. The human rights issues directly relevant to the topics discussed in this chapter include Article 12 (equal recognition before the law), Article 25 (health services and early diagnosis), Article 26 (early rehabilitation based on a multi-disciplinary assessment and Article 19 (independent living and social inclusion).Less
This chapter addresses the topic of the everyday human rights and fundamental freedoms many of us take for granted but are often denied when a person develops dementia. These include the right to, when worried about our health obtain a medical diagnosis and be advised about this by a qualified primary care physician; the right to post diagnostic services including rehabilitation based on a multi-disciplinary assessment and the right to live in the community including a dementia friendly community and participate fully in all aspects of its civil social, economic and political life. The human rights issues directly relevant to the topics discussed in this chapter include Article 12 (equal recognition before the law), Article 25 (health services and early diagnosis), Article 26 (early rehabilitation based on a multi-disciplinary assessment and Article 19 (independent living and social inclusion).
David Caron
- Published in print:
- 2014
- Published Online:
- August 2015
- ISBN:
- 9780816691753
- eISBN:
- 9781452949581
- Item type:
- chapter
- Publisher:
- University of Minnesota Press
- DOI:
- 10.5749/minnesota/9780816691753.003.0001
- Subject:
- Society and Culture, Gay and Lesbian Studies
“Diagnosis” deals with that shock: the immediate impact of my HIV diagnosis, my wary yet curious exploration of an unfamiliar medical universe at once hostile and protective, and the beginning of ...
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“Diagnosis” deals with that shock: the immediate impact of my HIV diagnosis, my wary yet curious exploration of an unfamiliar medical universe at once hostile and protective, and the beginning of treatment without end.Less
“Diagnosis” deals with that shock: the immediate impact of my HIV diagnosis, my wary yet curious exploration of an unfamiliar medical universe at once hostile and protective, and the beginning of treatment without end.
David Caron
- Published in print:
- 2014
- Published Online:
- August 2015
- ISBN:
- 9780816691753
- eISBN:
- 9781452949581
- Item type:
- chapter
- Publisher:
- University of Minnesota Press
- DOI:
- 10.5749/minnesota/9780816691753.003.0002
- Subject:
- Society and Culture, Gay and Lesbian Studies
“Others” considers, in a variety of contexts, the question that propels the entire work, namely the fear of contact with other people’s bodies and how to respond to that fear should it threaten to ...
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“Others” considers, in a variety of contexts, the question that propels the entire work, namely the fear of contact with other people’s bodies and how to respond to that fear should it threaten to turn into violence.Less
“Others” considers, in a variety of contexts, the question that propels the entire work, namely the fear of contact with other people’s bodies and how to respond to that fear should it threaten to turn into violence.
David Caron
- Published in print:
- 2014
- Published Online:
- August 2015
- ISBN:
- 9780816691753
- eISBN:
- 9781452949581
- Item type:
- chapter
- Publisher:
- University of Minnesota Press
- DOI:
- 10.5749/minnesota/9780816691753.003.0003
- Subject:
- Society and Culture, Gay and Lesbian Studies
“Disclosure” returns to the question of HIV in order to outline at greater length a theory and practice of nonconfessional disclosure as a mode of sharing that can counteract the anxieties triggered ...
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“Disclosure” returns to the question of HIV in order to outline at greater length a theory and practice of nonconfessional disclosure as a mode of sharing that can counteract the anxieties triggered by the nearness of others.Less
“Disclosure” returns to the question of HIV in order to outline at greater length a theory and practice of nonconfessional disclosure as a mode of sharing that can counteract the anxieties triggered by the nearness of others.