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Chapter 1 provides the contextual and conceptual frameworks shaping the book. It explains the sociolegal context in which the book is situated – in particular, India’s Immoral Traffic (Prevention) Act (ITPA) of 1956, the US-led anti-trafficking regime, and the role of anti-trafficking NGOs. Conceptually, Chapter 1 lays out how the book places postcolonial law in a broader field of neoliberal government including state agencies and foreign-funded NGOs acting upon prostitution. It explains how the book pursues new directions in legal anthropology with an attentiveness to multiple scales of governance and law’s implementation by state and nonstate actors, while remaining deeply rooted in the minutiae of legal practices and spaces. Finally, Chapter 1 shows how the book is in dialogue with interdisciplinary feminist scholars who have critiqued anti-trafficking campaigns and provided nuanced ethnographic insights on the complexities of sex workers’ lives. It explains how, unlike these studies, this book is not an ethnography of sex work, sex trafficking, or even of anti-trafficking interventions alone. Instead, it explores how India’s anti-prostitution law and global anti-trafficking campaigns converge and act upon sex workers, and how sex workers navigate and resist them.
The introduction explains the setting of the ethnography at the intersections of law, NGOs, the Indian state, and the global anti-trafficking regime. It explains the sequence of interventions the book will follow, from rescues to courts to shelters, prescribed by Indian law and implemented by legal actors and NGOs. It lays out the sites and processes the book will explore through encounters between those implementing these interventions, and those experiencing them. It outlines the book’s central aims: how it uses the intersections of anti-trafficking and anti-prostitution interventions as points of entry to foreground how sex workers navigate them, critique the prevalent assumptions and preferred solutions of the global anti-trafficking regime, and explore the complex relationship between law and NGOs in India. It discusses the broader concerns and approaches these interventions bring to the governance of prostitution – global humanitarianism, policing and criminal justice, the paternalism of the Indian state and NGOs, neoliberal women’s empowerment programs, and an anti-immigrant sociopolitical climate. The introduction also explains the author’s methods, research design, and positionality, and the organization of the book.
Freedom in a choice does not just requires the absence of interference by another, whether with a preferred option or with any option; it requires the absence of domination: the absence of vulnerability to a power of interference on the part of another. Law and only law can guard citizens equally against the domination of others by identifying a common set of basic liberties and by providing intuitively adequate resourcing and protection against others to enable people to exercise those choices. But the state that imposes law will itself dominate all or some of its citizens if it is not subjected to a system of intuitively adequate, democratic control over its imposition of law. Such a system should enable people to shape the framework of government, to impose operational checks, constitutional and contestatory, on officials in government, and to appoint or oversee the appointment of such authorities.
Some people have become disenchanted with modern bureaucratic forms and modern governments, and in their attempts to imagine an alternative, have joined the sovereign citizen counterpublic, a right-leaning movement comprised of loosely affiliated groups rejecting the validity of national laws that are present in the United States, Australia, Canada, Germany, the United Kingdom, and other countries. These groups focus their energies on legal systems as they resist modern institutions and have developed a shared semiotic ideology about how legal language works and how legal texts should be interpreted. This semiotic ideology hinges upon a particular form of semiotic determinacy; our article unpacks its implications. Sovereign citizens’ ideology is antithetical to how institutionally entrenched actors understand the interplay of semiotic determinacy and indeterminacy in legal contexts, which leads their logics and historical narratives to resonate with conspiracy theories. We conclude by exploring how this counterpublic re-configures older strands of Enlightenment and Protestant Reformation logics as resistance in this neoliberal moment.
Prominent scholars have complained of inadequate clarity and agreement on what transactions are, and how their costs are measured. This two-part article explores this topic and suggests an alternative approach. This part examines different meanings of transaction cost used by leading scholars in this area, including John R. Commons, Ronald H. Coase, Oliver E. Williamson, Douglas C. North, Douglas W. Allen, and Yoram Barzel. It reveals prominent usages of the term that differ in several important respects. A sharper approach might focus on legal contracts and exchanges of legal titles, as suggested by Harold Demsetz. That option is explored further in Part II.
The chapter discusses regulations and legal reform in medical law, in particular assisted reproductive technology (ART). A combination of Iranian state law, Shiʿi rulings, and national, medical, and clinical guidelines govern access to ART. In 2003, parliament enacted a law allowing the use of embryo donation for treating infertility in married couples. The law also implicitly recognized the permissibility of embryo-carrying and surrogacy arrangements. In comparative terms, this made Iran the most progressive country in the Muslim world regarding ART regulations and has resulted in the phenomenon of medical tourism. The chapter discusses the many ways in which Shiʿi Islamic legal rulings are mobilized to respond to medical and ethical concerns of different constituencies, illustrating the dynamism and adaptability of Shiʿi fiqh. Taking family as a legal concept, the chapter argues that Iranian family beliefs and values play a crucial role in shaping Iran’s permissive reproductive policy. Genealogical continuity and legal parenthood are central to these beliefs and values.
The tenth anniversary of the publication of Lawrence Gostin’s seminal treatise Global Health Law affords us the opportunity to reflect on his enduring legacy as a preeminent scholar, and one of the field’s founding thought leaders.
In the decade since the first edition of Global Health Law was published, the world has moved incrementally towards global health with justice, at least by one basic metric: life expectancy has edged up globally, with more rapid gains in low- than high-income countries. But to look around the world, global health with justice still seems a distant dream. Health gaps between people in rich and poor countries remain shocking and unconscionable—as do health inequities within countries. The pandemic also gave salience to profound health injustices—from injustices in access to lifesaving vaccines to gaping disparities in morbidity and mortality based on income, race, and national origin. So did the Trump administration’s decision to pause, and then slash, foreign assistance, bringing an end to lifesaving programs around the world. Guided by the overarching theme of justice, these reflections canvass the history of global health law as a field and discuss developments and challenges in the field across four core themes: multilateralism; equitable distribution of the benefits of scientific advancement; global health law for the poly-crises; and human rights and equity.
In this work, I contribute to the debate on the status and legitimacy of principled disobedience in a democratic polity. After introducing the notion, I move to argue that principled disobedience can be framed not only as a moral and political stance but also, and without contradiction, as a legal requirement. As a result, it will be maintained that not only can we engage in principled disobedience without necessarily violating our legal obligations, but these obligations may actually mandate principled disobedience. This framing of the problem of principled lawbreaking makes the proposed discussion distinctive and original in virtue of its claim—namely, that we may have not only a moral justification to disobey the law but a legal obligation to do so, an obligation to break the law on principled legal grounds.
Different countries, states and provinces have different laws and legal systems. Laws also change with time. There are nevertheless some common threads regarding laws which affect hoarding and what may be your legal rights. In this chapter we will start by examining the various laws which may be relevant for people who hoard in England, Wales and much of the UK. We will then outline the differences from these laws in Scotland and Northern Ireland. Finally, we will mention how hoarding laws vary in Europe and the European Union, Australia, Canada, India, New Zealand and the United States of America
Please note that we are not lawyers and this chapter is meant to be an overview of our understanding of the law as it currently stands. It is aimed at providing a very approximate view of a person’s rights. With any legal issues you or your family may experience, you are strongly advised to consult a solicitor for any legal advice.
We have most of the technology we need to combat the climate crisis - and most people want to see more action. But after three decades of climate COPs, we are accelerating into a polycrisis of climate, food security, biodiversity, pollution, inequality, and more. What, exactly, has been holding us back? Mike Berners-Lee looks at the challenge from new angles. He stands further back to gain perspective; he digs deeper under the surface to see the root causes; he joins up every element of the challenge; and he learns lessons from our failures of the past. He spells out why, if humanity is to thrive in the future, the most critical step is to raise standards of honesty in our politics, our media, and our businesses. Anyone asking 'what can each of us do right now to help?' will find inspiration in this practical and important book.
This chapter addresses the social barriers to implementing the technical solutions to climate change - enabling the reader to recongnise that the threats we face cannot be solved in a social vacuum. It challenges the narrative of the traditional growth economy and widening levels of inequality. It looks at the mechanisms of the legal system, the role of education and technology, and also highlights the three key areas of politics, media and business which will be explored in further detail in later chapters.
Multiple factors aligning in 2025 implicate challenges to vaccines as a primary public health intervention. Anti-vaccine proponents seek to recast immunization policies in promotion of perceived individual liberties. Recalibrating national vaccine approaches, however, runs counter to long-standing public health laws and policies grounded in a core truth: safe and effective vaccines save lives.
In this compelling work, Sascha Auerbach offers a bold new historical interpretation of late-stage slavery, its long-term legacies, and its entanglement with the development of the modern state. In the wake of abolition, from the Caribbean to southern Africa to Southeast Asia, a fusion of government authority and private industry replaced the iron chains of slavery with equally powerful fetters of law and regulation. This 'overseer-state' helped move, often through deceptive and coercive methods, millions of Indian and Chinese indentured laborers across Britain's imperial possessions. With a perspective that ranges from Parliament to the plantation, the book brings to light the fascinating and terrifying history of the world's first truly global labor system, those who struggled under its heavy yoke, and the bitter legacies left in its wake.
Anosognosia, commonly understood as a lack of insight, renders individuals with schizophrenia and schizoaffective disorder unable to understand that they are living with a disease, often resulting in a refusal to accept treatment. Typically, to impose involuntary commitment in an effort to obtain treatment, an individual must be a danger to others or themselves. Even if involuntary commitment is imposed, however, an individual may remain competent to refuse medication—despite symptoms of anosognosia and an inability to understand that they are ill. This article examines the existing legal theories of competency and informed consent and proposes a statutory definition of competency that encompasses the specific needs of people with anosognosia, while considering the significant interests at stake when taking away an individual’s right to choose or refuse treatment.
Kant’s position in analytical jurisprudence has not been sufficiently explored. This paper aims to remedy this shortcoming. The main issue in this paper is to which extent Kant’s legal theory is an instance of natural law theory or legal positivism. Robert Alexy is one of the few philosophers who addressed this issue. Alexy believes that Kant defends a version of natural law theory that puts moral limits on legal validity. I show that Alexy’s interpretation is unsuccessful. I argue that Kant defends the positivist separability thesis that norms need not meet moral requirements to qualify as legal norms.
This chapter examines the foundations and evolution of papal legation in the Middle Ages. It frames the development of this ecclesiastical office in the context of burgeoning papal authority and its reception in Christian lands. And it posits the growth of legation as a natural and effective response to the Roman Curia’s administrative, bureaucratic, and legal needs.
Academics and policymakers alike have identified data taxes as a possible response to the emergence of the data economy. This essay aims to distill the two possible goals of a data tax. A data tax could serve as a Pigouvian tax, reducing data collection and the accompanying harms of datafication. Alternately, a data tax could serve as a new tax base, allowing for more effective revenue-raising and redistribution of the economic value being created in the data economy and preventing the concentration of economic power in the hands of digital companies. Which of these two is the primary goal of a data tax not only informs important design choices but also illuminates critical issues surrounding the political economic response to datafication. Therefore, advocates of data taxes must first consider the underlying goal of a data tax before calling for specific reforms.
This work offers a step-by-step guide on how to utilize the law as a source of value in organizations. Robert C. Bird demonstrates how legal knowledge can be a valuable asset for firms, providing them with a sustainable competitive advantage that is difficult for rivals to imitate. Bird presents a five-part framework that outlines how firms can use legal knowledge in competitive markets and how they can avoid misusing it. Chapters also highlight how firms can cultivate legal knowledge and apply novel risk tools to overcome unexpected legal threats. The book emphasizes the importance of ethical values in business decisions and shows how managers and lawyers can build an ethical practice of legal knowledge that benefits both business and society. With the help of numerous visuals, this book makes it easy for readers to leverage legal knowledge and apply it to specific business contexts.
A core issue for media outlets and politicians since the assassination of Abe Shinzō has been monetary transactions between religious organizations and their current or former members. Anxieties surrounding religion's role in the public sphere have informed legal arguments about consumer issues. A category of fraud called “spiritual sales” has become a particular concern. In this article, I describe how interpretations of consumer law have been instrumental in dealing with spiritual sales and I discuss reasons why problematic consumption practices associated with religions that have attracted intense criticism have led the Japanese government to comprehensively revise regulatory protections as they reassess consumer vulnerabilities.