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Governing Public Health

Governing Public Health Author Mark Flear
ISBN-10 9781782259749
Release 2015-07-30
Pages 304
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This book contributes towards EU studies and the growing discourse on law and public health. It uses the EU's governance of public health as a lens through which to explore questions of legal competence and its development through policy and concrete techniques, processes and practices, risk and security, human rights and bioethics, accountability and legitimacy, democracy and citizenship, and the nature, essence and 'future trajectory' of the European integration project. These issues are explored first by situating the EU's public health strategy within the overarching architecture of governance and subsequently by examining its operationalisation in relation to the key public health problems of cancer, HIV/AIDS and pandemic planning. The book argues that the centrality and valorisation of scientific and technical knowledge and expertise in the EU's risk-based governance means that citizen participation in decision-making is largely marginalised and underdeveloped ? and that this must change if public health and the quality, accountability and legitimacy of EU governance and its regulation are to be improved. Subsequently the book goes on to argue that the legitimating discourses of ethics and human rights, and the developing notion of EU (supra-)stewardship responsibility, can help to highlight the normative dimensions of governance and its interventions in public health. These discourses and dimensions provide openings and possibilities for citizens to power 'technologies of participation' and contribute important supplementary knowledge to decision-making.



Public Liability in EU Law

Public Liability in EU Law Author Pekka Aalto
ISBN-10 9781847318459
Release 2011-11-01
Pages 278
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Over the last two decades public law liability for breach of European Union law has been subject to remarkable developments. This book examines the convergence between its two constituent systems: the damages liability of the EU and that of its Member States for failing to comply with EU rules. Member State liability, based as it is on the Francovich case (1991) and Brasserie du Pêcheur and Factortame (1996) judgments of the European Court of Justice (ECJ) is well established. But it is yet to be closely scrutinised by reference to the detailed rules on the liability of the European Union. The focus of the book is on the two key legal criteria that are common to both systems, namely the grant of rights to individuals by EU law and the notion of sufficiently serious breach of such rights. The analysis concentrates on developments in the case law of the ECJ and the General Court since the Bergaderm judgment (2000), which consolidated the convergence of the two liability systems that was first indicated in Brasserie du Pêcheur and Factortame. These two criteria are set side by side to evaluate the extent, in real terms, of the convergence of Member State and EU institutional damages liability, and to determine the extent to which one has influenced the other. This book shows that although full convergence between the two liability systems is not likely, each stream of case law should look to the other more actively as this important element of EU remedial law develops. Convergence in EU law public liability is supported by developments in adjacent areas, most notably European tort law and European administrative law. This study also illustrates how convergence in the EU liability systems to date has had spill-over effects into national public liability law.



Les droits du patient en droit de l Union europ enne

Les droits du patient en droit de l Union europ  enne Author Amanda Dubuis
ISBN-10 9782802759836
Release 2017-11-14
Pages 1130
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Le patient et ses droits sont de plus en plus fréquemment évoqués par les institutions de l’Union européenne qui sont allées jusqu’à consacrer une directive à leur application en matière de soins de santé transfrontaliers. Le dynamisme insufflé par l’organisation de cette mobilité s’étend par ailleurs à l’ensemble des droits du patient puisque certaines dispositions sont assez générales pour intéresser la personne soignée dans son État d’affiliation. La reconnaissance de ces droits peut surprendre au premier abord tant ce thème est éloigné des préoccupations initiales des Communautés. L’objectif de cet ouvrage est donc de démontrer la contribution du droit de l’Union à la reconnaissance et à la mise en œuvre des droits du patient. En l’absence de compétence juridique spécifique, ce sont à la fois la voie des droits fondamentaux et celle du marché intérieur qui ont permis la reconnaissance des droits du patient. L’intérêt pour ce domaine est tel qu’il existe désormais un véritable foisonnement normatif, composé tant de sources déclaratoires qu’obligatoires, pouvant affecter l’accessibilité et l’intelligibilité des droits du patient. La mise en œuvre des droits révèle un double niveau de protection : la dimension transfrontalière des soins est particulièrement propice à la réalité des droits consubstantiels à cette situation, tandis que l’organisation est plus nuancée pour ceux sans lien spécifique avec la mobilité. Ce constat amène notamment à s’interroger sur l’amélioration de l’effectivité des droits. L’ensemble de cette analyse conduit in fine à une réflexion sur l’existence d’un statut juridique du patient, aboutissant à des propositions destinées à renforcer encore la place du patient en droit de l’Union et, par conséquent, le respect de ses droits. Cet ouvrage se destine à un public universitaire spécialisé en droit de la santé, mais également aux juristes (magistrats, avocats...), aux professionnels de la santé ainsi qu’à toute personne intéressée par les interactions entre le droit de la santé et le droit européen au sens large.



Cambridge Yearbook of European Legal Studies Vol 14 2011 2012

Cambridge Yearbook of European Legal Studies  Vol 14 2011 2012 Author Catherine Barnard
ISBN-10 9781782250524
Release 2012-12-20
Pages 812
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The Cambridge Yearbook of European Legal Studies provides a forum for the scrutiny of significant issues in EU Law, the law of the European Convention on Human Rights, and Comparative Law with a 'European' dimension, and particularly those issues which have come to the fore during the year preceding publication. The contributions appearing in the collection are commissioned by the Centre for European Legal Studies (CELS) Cambridge, a research centre in the Law Faculty of the University of Cambridge specialising in European legal issues. The papers presented are at the cutting edge of the fields which they address, and reflect the views of recognised experts drawn from the University world, legal practice, and the institutions of both the EU and its Member States. Inclusion of the comparative dimension brings a fresh perspective to the study of European law, and highlights the effects of globalisation of the law more generally, and the resulting cross fertilisation of norms and ideas that has occurred among previously sovereign and separate legal orders. The Cambridge Yearbook of European Legal Studies is an invaluable resource for those wishing to keep pace with legal developments in the fast moving world of European integration. INDIVIDUAL CHAPTERS Please click on the link below to purchase individual chapters from Volume 14 through Ingenta Connect: www.ingentaconnect.com SUBSCRIPTION TO SERIES To place an annual online subscription or a print standing order through Hart Publishing please click on the link below. Please note that any customers who have a standing order for the printed volumes will now be entitled to free online access. www.hartjournals.co.uk/cyels/subs Editorial Advisory Board: Albertina Albors-Llorens, John Bell, Alan Dashwood, Simon Deakin, David Feldman, Richard Fentiman, Angus Johnston, John Spencer Founding Editors: Alan Dashwood and Angela Ward



The Routledge Handbook of Biopolitics

The Routledge Handbook of Biopolitics Author Sergei Prozorov
ISBN-10 9781317044086
Release 2016-08-05
Pages 352
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The problematic of biopolitics has become increasingly important in the social sciences. Inaugurated by Michel Foucault’s genealogical research on the governance of sexuality, crime and mental illness in modern Europe, the research on biopolitics has developed into a broader interdisciplinary orientation, addressing the rationalities of power over living beings in diverse spatial and temporal contexts. The development of the research on biopolitics in recent years has been characterized by two tendencies: the increasingly sophisticated theoretical engagement with the idea of power over and the government of life that both elaborated and challenged the Foucauldian canon (e.g. the work of Giorgio Agamben, Antonio Negri, Roberto Esposito and Paolo Virno) and the detailed and empirically rich investigation of the concrete aspects of the government of life in contemporary societies. Unfortunately, the two tendencies have often developed in isolation from each other, resulting in the presence of at least two debates on biopolitics: the historico-philosophical and the empirical one. This Handbook brings these two debates together, combining theoretical sophistication and empirical rigour. The volume is divided into five sections. While the first two deal with the history of the concept and contemporary theoretical debates on it, the remaining three comprise the prime sites of contemporary interdisciplinary research on biopolitics: economy, security and technology. Featuring previously unpublished articles by the leading scholars in the field, this wide-ranging and accessible companion will both serve as an introduction to the diverse research on biopolitics for undergraduate students and appeal to more advanced audiences interested in the current state of the art in biopolitics studies.



Sexual States

Sexual States Author Jyoti Puri
ISBN-10 9780822374749
Release 2016-02-26
Pages 240
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In Sexual States Jyoti Puri tracks the efforts to decriminalize homosexuality in India to show how the regulation of sexuality is fundamentally tied to the creation and enduring existence of the state. Since 2001 activists have attempted to rewrite Section 377 of the Indian Penal Code, which in addition to outlawing homosexual behavior is often used to prosecute a range of activities and groups that are considered perverse. Having interviewed activists and NGO workers throughout five metropolitan centers, investigated crime statistics and case law, visited various state institutions, and met with the police, Puri found that Section 377 is but one element of how homosexuality is regulated in India. This statute works alongside the large and complex system of laws, practices, policies, and discourses intended to mitigate sexuality's threat to the social order while upholding the state as inevitable, legitimate, and indispensable. By highlighting the various means through which the regulation of sexuality constitutes India's heterogeneous and fragmented "sexual state," Puri provides a conceptual framework to understand the links between sexuality and the state more broadly.



Infrastructures of Race

Infrastructures of Race Author Daniel Nemser
ISBN-10 9781477312629
Release 2017-05-23
Pages
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Many scholars believe that the modern concentration camp was born during the Cuban war for independence when Spanish authorities ordered civilians living in rural areas to report to the nearest city with a garrison of Spanish troops. But the practice of spatial concentration—gathering people and things in specific ways, at specific places, and for specific purposes—has a history in Latin America that reaches back to the conquest. In this paradigm-setting book, Daniel Nemser argues that concentration projects, often tied to urbanization, laid an enduring, material groundwork, or infrastructure, for the emergence and consolidation of new forms of racial identity and theories of race. Infrastructures of Race traces the use of concentration as a technique for colonial governance by examining four case studies from Mexico under Spanish rule: centralized towns, disciplinary institutions, segregated neighborhoods, and general collections. Nemser shows how the colonial state used concentration in its attempts to build a new spatial and social order, and he explains why the technique flourished in the colonies. Although the designs for concentration were sometimes contested and short-lived, Nemser demonstrates that they provided a material foundation for ongoing processes of racialization. This finding, which challenges conventional histories of race and mestizaje (racial mixing), promises to deepen our understanding of the way race emerges from spatial politics and techniques of population management.



Public Health Law

Public Health Law Author Lawrence O. Gostin
ISBN-10 9780520958586
Release 2016-02-02
Pages 768
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Lawrence O. Gostin’s seminal Public Health Law is widely acclaimed as the definitive statement on public health law at the turn of the twenty-first century. In this bold third edition, Gostin is joined by Lindsay F. Wiley to analyze major health threats of our time such as chronic diseases, emerging infectious diseases, antimicrobial resistance, bioterrorism, natural disasters, opiod overdose, and gun violence. The authors draw on constitutional law, administrative law, local government law, and tort law to develop their conception of law as a tool for protecting the public’s health. The book creates an intellectual framework for modern public health law and supports that framework with illustrations of the scientific, political, and ethical issues involved. In proposing innovative solutions for the future of the public’s health, Gostin and Wiley’s essential study provides a blueprint for public and political debates to come. New issues covered in this edition: • Corporate personhood rights raised in response to regulations of tobacco, food and beverages, alcohol, firearms, prescription drugs, and marijuana. • Local government authority to protect the public’s health. • Deregulation and harm reduction as modes of public health law intervention. • Taxation, spending, and alteration of the socioeconomic environment as modes of public health law intervention. • Access to health care as a strategy for protecting the public’s health. • Taxation, spending, licensing, zoning, and shared-use strategies for chronic disease prevention. • The public health law perspective on violence and injury prevention. • Health justice as a framework for reducing health disparities and protecting the public’s health.



Health Civilization and the State

Health  Civilization and the State Author Dorothy Porter
ISBN-10 9781134637188
Release 2005-08-10
Pages 384
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This book examines the social, economic and political issues of public health provision in historical perspective. It outlines the development of public health in Britain, Continental Europe and the United States from the ancient world through to the modern state. It includes discussion of: * pestilence, public order and morality in pre-modern times * the Enlightenment and its effects * centralization in Victorian Britain * localization of health care in the United States * population issues and family welfare * the rise of the classic welfare state * attitudes towards public health into the twenty-first century.



Naisscance de la Biopolitique Cours Au College de France 1978 1979

Naisscance de la Biopolitique   Cours Au College de France  1978 1979 Author Michel Foucault
ISBN-10 9780312203412
Release 2010-03-02
Pages 368
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A sixth compilation of lectures delivered at the Collège de France between 1970 and 1984 continues the speaker's coverage of 18th-century political economy, evaluating its role in the origins of a liberal governmental rationality that is at the heart of current debates about the role and status of neo-liberalism today. 10,000 first printing. Reprint.



Imperial Hygiene

Imperial Hygiene Author A. Bashford
ISBN-10 9780230508187
Release 2003-11-11
Pages 264
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This is a cultural history of borders, hygiene and race. It is about foreign bodies, from Victorian Vaccines to the pathologized interwar immigrant, from smallpox quarantine to the leper colony, from sexual hygiene to national hygiene to imperial hygiene. Taking British colonialism and White Australia as case studies, the book examines public health as spatialized biopolitical governance between 1850 and 1950. Colonial management of race dovetailed with public health into new boundaries of rule, into racialised cordons sanitaires .



Putin as Celebrity and Cultural Icon

Putin as Celebrity and Cultural Icon Author Helena Goscilo
ISBN-10 9780415528511
Release 2013
Pages 220
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Though in recent months Putin's popularity has frayed at the edges, the dearth of comparably powerful and experienced political leaders leaves no doubt that he will continue to be a key political figure. During his tenure as Russia's President and subsequently as Prime Minister, Putin transcended politics, to become the country's major cultural icon. This book examines the nature of his iconic status. It explores his public persona as glamorous hero, endowed with vision, wisdom, moral and physical strength--the man uniquely capable of restoring Russia's reputation as a global power. In analysing cultural representations of Putin, the book assesses the role of the media in constructing and disseminating this image and weighs the Russian populace's contribution to the extraordinary acclamation he enjoyed throughout the first decade of the new millennium, challenged only by a tiny minority.



Sports Law

Sports Law Author Michael Beloff
ISBN-10 1841133671
Release 2012
Pages 346
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Sports law has been growing with increasing rapidity over the years since the first edition of this book was published in 1999, regularly making headlines as well as leading to a developing body of law practised by specialist lawyers. This revised work, by leading practitioners in the field, with a foreword by Lord Coe, provides a coherent framework for understanding the principles of sports law in this area, as well as a deep analysis of its key features. The subject is split into various areas of practice: first, regulatory rules, which embrace the constitutional aspect of organised sport, including the disciplinary procedures of the various governing organisations; second, broadcasting and marketing resulting from the commercial exploitation, including sponsorship, of sports clubs, sporting events and players; and third, player's rights and obligations, which embraces a wide range of legal issues including club transfers and player contracts, and issues arising from employment (including discrimination law), personal injury and criminal law. Special attention is paid to the impact of EU and Human Rights law as well as to the influential jurisprudence of the Court of Arbitration for Sport. London 2012 provides an appropriate point at which to assess the current state of the law, as well as a look to the future. The target readership extends from solicitors, barristers and legal advisers, to sports organisations and clubs, corporations involved in marketing and sponsorship, media companies, academics teaching sports law, and sports administrators. "I commend it to everyone who has to administer sport as well as to those who have to advise the administrators or argue cases in the field on whatever side. It is a gold medal book."From the Foreword by Lord Coe KBE



Biopolitics of Security

Biopolitics of Security Author Michael Dillon
ISBN-10 9781317532682
Release 2015-02-11
Pages 226
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Taking its inspiration from Michel Foucault, this volume of essays integrates the analysis of security into the study of modern political and cultural theory. Explaining how both politics and security are differently problematised by changing accounts of time, the work shows how, during the course of the 17th century, the problematisation of government and rule became newly enframed by a novel account of time and human finitude, which it calls ‘factical finitude’. The correlate of factical finitude is the infinite, and the book explains how the problematisation of politics and security became that of securing the infinite government of finite things. It then explains how concrete political form was given to factical finitude by a combination of geopolitics and biopolitics. Modern sovereignty required the services of biopolitics from the very beginning. The essays explain how these politics of security arose at the same time, changed together, and have remained closely allied ever since. In particular, the book explains how biopolitics of security changed in response to the molecularisation and digitalisation of Life, and demonstrates how this has given rise to the dangers and contradictions of 21st century security politics. This book will be of much interest to students of political and cultural theory, critical security studies and International Relations.



European Law and New Health Technologies

European Law and New Health Technologies Author Mark L Flear
ISBN-10 9780199659210
Release 2013-03-14
Pages 442
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New health technologies promise great things but they also pose significant challenges for governments, particularly around safety concerns, effectiveness, and value for money. This collection analyses the defining features of the relationship between EU law and new technologies, and the roles of risk, rights, ethics, and markets.



Life Beside Itself

Life Beside Itself Author Lisa Stevenson
ISBN-10 9780520958555
Release 2014-08-23
Pages 272
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In Life Beside Itself, Lisa Stevenson takes us on a haunting ethnographic journey through two historical moments when life for the Canadian Inuit has hung in the balance: the tuberculosis epidemic (1940s to the early 1960s) and the subsequent suicide epidemic (1980s to the present). Along the way, Stevenson troubles our commonsense understanding of what life is and what it means to care for the life of another. Through close attention to the images in which we think and dream and through which we understand the world, Stevenson describes a world in which life is beside itself: the name-soul of a teenager who dies in a crash lives again in his friend’s newborn baby, a young girl shares a last smoke with a dead friend in a dream, and the possessed hands of a clock spin uncontrollably over its face. In these contexts, humanitarian policies make little sense because they attempt to save lives by merely keeping a body alive. For the Inuit, and perhaps for all of us, life is "somewhere else," and the task is to articulate forms of care for others that are adequate to that truth.



Global ideas

Global ideas Author Barbara Czarniawska-Joerges
ISBN-10 8763001667
Release 2005
Pages 301
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"Global ideas is an attempt to explain how it is possible that, although the same idea travels around the globe at a high speed, local realities are still very different. While this book can be seen as joining the discussion on globalization and its parad