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Law, Morality and the Private Domain

Law, Morality and the Private Domain
Author: Raymond Wacks
Publisher: Hong Kong University Press
Total Pages: 357
Release: 2000-09-01
Genre: Law
ISBN: 9622095232

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Are judges morally accountable? Is legal validity value-free? Do animals have rights? These are some of the questions considered in this collection of essays. Moral problems, argues Professor Raymond Wacks, pervade the legal system, and he shows how the judicial function, the sources of legitimacy, and the protection of rights have an inescapable ethical dimension. The second part of the book focuses on the private domain and the legal concept of privacy. The extent to which the law ought to preserve a distinctly private realm is a pressing concern in our surveillance society in which personal information is increasingly collected, transferred, and stored. This controversial and difficult subject is one into which Professor Wacks, a leading expert in this field, is uniquely qualified to offer important insights. Raymond Wacks' analysis will be of interest not only to lawyers, legal philosophers, and students of law, but also to the general reader seeking an understanding of the jurisprudential underpinning of rights and moral values, their legal recognition, and practical application. Raymond Wacks is Professor of Law and Legal Theory at the University of Hong Kong. He is an international authority on the legal protection of privacy, and has also published widely in the field of legal theory.


Normative Subjects

Normative Subjects
Author: Meir Dan-Cohen
Publisher: Oxford University Press
Total Pages: 273
Release: 2016
Genre: Law
ISBN: 0199985200

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Combining constructivist and hermeneutical themes, this book explores normative aspects of human self creation seen as a matter of fixing and elaborating the values and norms that shape human identity, individually and collectively. The book focuses especially on a conception of dignity as the value that accrues to us qua authors of the meanings constitutive of human life.


Understanding Jurisprudence

Understanding Jurisprudence
Author: Raymond Wacks
Publisher: Oxford University Press, USA
Total Pages: 401
Release: 2015
Genre: Law
ISBN: 0198723865

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Perfect for the student new to jurisprudence, this book provides an illuminating introduction to the central questions of legal theory. An experienced teacher of jurisprudence, Professor Wacks' approach is both accessible and entertaining, providing the ideal base for further study.


Property Law and Social Morality

Property Law and Social Morality
Author: Peter M. Gerhart
Publisher: Cambridge University Press
Total Pages: 353
Release: 2014
Genre: Law
ISBN: 1107006457

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Property Law and Social Morality develops a theory of property that highlights the social construction of obligations that individuals owe each other. By viewing property law through the lens of obligations rather than through the lens of rights, the author affirms the existence of important property rights (when no obligation to another exists) and defines the scope of those rights (when an obligation to another does exist). By describing the scope of the decisions that individuals are permitted to make and the requirements of other-regarding decisions, the author develops a single theory to explain the dynamics of private and common property, including exclusion, nuisance, shared decision making, and decision making over time. The development of social recognition norms adds to our understanding of property evolution, and the principle of equal freedom underlying social recognition that limit government interference with property rights.


Privacy in the Republic

Privacy in the Republic
Author: Andrew Roberts
Publisher: Taylor & Francis
Total Pages: 203
Release: 2022-07-12
Genre: Political Science
ISBN: 1000601730

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This book rethinks the idea of privacy. It argues that a satisfactory account of privacy should not limit itself to identifying why privacy might be valuable. It also needs to attend to the further question of how it can be secured in those circumstances in which it proves to be valuable. Drawing on republican ideas about the relationship between freedom and self-government, the book asserts that privacy is valuable, because it enables us to lead non-dominated lives. It prevents others from acquiring power to interfere in our choices – to remove options that would otherwise be available to us, and to manipulate our decision-making. It further examines the means through which citizens might exercise effective control over decisions and actions that affect their privacy and proposes a democratic theory of privacy. With the emergence of the ‘surveillance state,’ this volume will be indispensable for scholars, students, and researchers in political theory, political philosophy, law, and human and civil rights. It will be of particular interest to policymakers, lawyers, and human rights activists.


Law: A Very Short Introduction

Law: A Very Short Introduction
Author: Raymond Wacks
Publisher: OUP Oxford
Total Pages: 192
Release: 2008-03-27
Genre: Law
ISBN: 0191579572

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Law underlies our society - it protects our rights, imposes duties on each of us, and establishes a framework for the conduct of almost every social, political, and economic activity. The punishment of crime, compensation of the injured, and the enforcement of contracts are merely some of the tasks of a modern legal system. It also strives to achieve justice, promote freedom, and protect our security. The result is a system that, while it touches all of our daily lives, is properly understood by only a few, with its impenetrable jargon, obsolete procedures, and interminable stream of Byzantine statutes and judgments of the courts. This clear, jargon-free Very Short Introduction aims to redress that balance, as it introduces the essentials of law and legal systems in a lively, accessible, and stimulating manner. Explaining the main concepts, terms, and processes of the legal system, it focuses on the Western tradition (the common law and the civil law), but also includes discussions of other legal systems, such as customary law and Islamic law. And it looks to the future too, as globalization and rapid advances in technology place increasing strain on our current legal system. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.


Rights of Personality in Scots Law

Rights of Personality in Scots Law
Author: Niall Whitty
Publisher: Edinburgh University Press
Total Pages: 300
Release: 2014-02-08
Genre: Law
ISBN: 0748699546

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Explores the law on rights of personality in Scotland compared to other jurisdictionsTaking a comparative perspective, this book explores the trends and issues affecting the law on rights of personality in jurisdictions drawn from the families of common law, civilian law, and mixed legal systems. The main focus is on the private law of personality rights, with due regard paid to the impact of constitutional legislation and other instruments protecting human rights.


Protecting Personal Information

Protecting Personal Information
Author: Andrea Monti
Publisher: Bloomsbury Publishing
Total Pages: 128
Release: 2019-05-30
Genre: Law
ISBN: 1509924876

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The concept of privacy has long been confused and incoherent. The right to privacy has been applied promiscuously to an alarmingly wide-ranging assortment of issues including free speech, political consent, abortion, contraception, sexual preference, noise, discrimination, and pornography. The conventional definition of privacy, and attempts to evolve a 'privacy-as-a-fence' approach, are unable to deal effectively with the technological advances that have significantly altered the way information is collected, stored, and communicated. Social media such as Facebook pose searching questions about the use and protection of personal information and reveal the limits of conceiving the right to privacy as synonymous with data protection. The recent European Union's GDPR seeks to enforce greater protection of personal information, but the overlap with privacy has further obscured its core meaning. This book traces these troubling developments, and seeks to reveal the essential nature of privacy and, critically, what privacy is not.


New Dimensions in Privacy Law

New Dimensions in Privacy Law
Author: Andrew T. Kenyon
Publisher: Cambridge University Press
Total Pages: 17
Release: 2006-11-02
Genre: Law
ISBN: 1139460498

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The challenges faced by privacy laws in changing technological, commercial and social environments are considered in this broad-ranging 2006 examination of privacy law. The book encompasses three overlapping areas of analysis: privacy protection under the general law; legislative measures for data protection in digital communications networks; and the influence of transnational agreements and other pressures toward harmonised privacy standards. Leading, internationally recognised authors discuss developments across these three areas in the UK, Europe, the US, APEC (Asia-Pacific Economic Cooperation), Australia and New Zealand. Chapters draw on doctrinal and historical analysis of case law, theoretical approaches to both freedom of speech and privacy, and the interaction of law and communications technologies in order to examine present and future challenges to law's engagement with privacy.


Immigration and Privacy in the Law of the European Union

Immigration and Privacy in the Law of the European Union
Author: Niovi Vavoula
Publisher: BRILL
Total Pages: 780
Release: 2022-09-12
Genre: Law
ISBN: 9004356118

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Immigration and Privacy in the Law of the European Union: The Case of Information Systems examines the privacy challenges posed by the establishment and operation of pan-European centralised databases processing personal data of different categories of third-country nationals.