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Research Handbook on Law, Society and Ageing
In an era where the population is rapidly ageing, this timely Research Handbook addresses the wide-ranging social and legal issues concerning older people.
Migrants at Work
There is a highly significant and under-considered intersection and interaction between migration law and labor law. Labor lawyers have tended to regard migration law as generally speaking outside their purview, and migration lawyers have somewhat similarly tended to neglect labor law. The culmination of a collaborative project on 'Migrants at Work' funded by the John Fell Fund, the Society of Legal Scholars, and the Research Centre at St John's College, Oxford, this volume brings together distinguished legal and migration scholars to examine the impact of migration law on labor rights and how the regulation of migration increasingly impacts upon employment and labor relations. Examining and...
Structural Injustice and Workers' Rights
When discussing exploitation in workplaces, governments typically deploy a rhetoric of personal responsibility: they place attention on employers who take advantage of workers, or on workers who choose non-standard, precarious work arrangements. On this account, the responsibility of the state is to address the harm inflicted by private actors. This book questions that approach and develops the concept of 'state-mediated structural injustice at work': a phenomenon which manifests when legislation that has an appearance of legitimacy, in fact has very damaging effects for large numbers of people and results in structures of exploitation at work. Using a series of examples such as migrant work...
Reforming Age Discrimination Law
This book offers a roadmap for the future development of age discrimination law in common law countries to better address workplace ageism. It critically considers how the suggested four-fold model of reform might address the limits of existing laws and the practical measures necessary to ensure their success.
The Rise and Fall of the Right of Silence
Within an international context in which the right to silence has long been regarded as sacrosanct, this book provides the first comprehensive, empirically-based analysis of the effects of curtailing the right to silence. The right to silence has served as the practical expression of the principles that an individual was to be considered innocent until proven guilty, and that it was for the prosecution to establish guilt. In 1791, the Fifth Amendment to the US Constitution proclaimed that none ‘shall be compelled in any criminal case to be a witness against himself’. In more recent times, the privilege against self-incrimination has been a founding principle for the International Crimina...
Migrant Rights at Work
Public debates about the terms of membership and inclusion have intensified as developed economies increasingly rely on temporary migrant labour. While most agree that temporary migrant workers are entitled to the general protection of employment laws, temporary migrants have, by definition, restricted rights to residence, full social protections and often to occupational and geographic mobility. This book raises important ethical questions about the differential treatment of temporary and unauthorised migrant workers, and permanent residents, and where the line should be drawn between exploitation and legitimate employment. Taking the regulatory reforms of Australia as a key case study, Lau...
The Church and Employment Law
This book examines the current law on the employment status of ministers of religion together with religious workers and volunteers and suggests reforms in this area of the law to meet the need for ministers to be given a degree of employment protection. It also considers the constant theme in Christian history that the clergy should not be subject to the ordinary courts and asks whether this is justified with the growth of areas such as employment law. The work questions whether it is possible to arrive at a satisfactory definition of who is a minister of religion and, along with this, who would be the employer of the minister if there was a contract of employment. Taking a comparative pers...
The Concept of European Values
The Concept of European Values: Creating a New Narrative for Europe offers a philosophical analysis of the concept of European values from its origin to the present day. This book rethinks European values in light of the crises—economic, political, migration, identity, and pandemic—that the European Union (EU) has faced from 2008 until today and analyzes EU initiatives to create a new narrative for Europe. Sanja Ivic reexamines the concept of European values as well as the philosophical and political assumptions on which this concept is based. In times of crisis, the EU has shown a lack of solidarity. As evidenced by Brexit, the migration crisis, and the pandemic crisis, the EU is experiencing a clash of national and postnational norms and values. Ivic argues that the EU did not react in accordance with the supranational values and principles on which it is based, as stated in Article 2 of the Treaty on European Union: respect for democracy, human dignity, freedom, equality, the rule of law, and respect for human rights. Its reaction to these crises shows a turn from postnational values (which the EU advocated as a supranational political community) to nationalist paradigms.
Older Women in Europe
This book is about older women’s strength, freedom, tenacity, determination, resilience, independence, social and political involvement and, in particular, it is about re-imagining ageing. Older women represent the great majority of older people. The book describes instances of age and gender discrimination and examples of social inclusion and protagonism of older women in Europe. It solicits a change in perspective, focusing on the necessary societal changes to make space to older people and older women in particular. How is society going to address age and gender discrimination in social and institutional settings? How should work settings change to effectively make space to older worker...
Human Rights Law
Human Rights Law provides thorough coverage of human rights issues, offering a practical text for trainee solicitors and practitioners in Ireland. This fourth edition has been fully updated to cover recent developments in the field.
