- Table View
- List View
The Future of the UN Sustainable Development Goals: Business Perspectives for Global Development in 2030 (CSR, Sustainability, Ethics & Governance)
by Samuel O. Idowu René Schmidpeter Liangrong ZuThis book provides a business-oriented analysis of the United Nations (UN) Sustainable Development Goals (SDG). In order to assess their impact on businesses and corporations, the book addresses all 17 goals and a broad range of industries. Gathering contributions from Africa, Europe and Asia, it presents both critical reviews and case studies. In turn, the book seeks to predict likely developments during the next decade. To do so, it examines evidence from today’s business world and how companies and corporations have been adopting the SDGs since their release. In this regard, it discusses the changes that will be required and how the agenda will affect the continent’s development path. An underlying theme throughout the book is the role of monetary value and investment for sustainable development: whether through financing, enhanced turnaround resulting from a more educated population, or more socially innovative entrepreneurs.
The Future of Trade Defence Instruments: Global Policy Trends And Legal Challenges (European Yearbook of International Economic Law)
by Marc Bungenberg Michael Hahn Christoph Herrmann Till Müller-IboldThis EYIEL Special Issue is devoted to the European Union’s Trade Defence Instruments (TDIs). The recent legislative changes at the EU level are indicative of global policy trends and legal challenges surrounding trade remedies law. Although TDI measures have always been a fiercely debated topic in international economic law, they have received increased attention in recent years. This book offers a comprehensive and insightful legal analysis of the recent legislative changes at the EU level and investigates TDIs in the context of regional trade relationships, including the United Kingdom in post-Brexit times. Beyond the EU, it examines the national trade defence law frameworks of important trading partners such as Switzerland, the United States, China and Vietnam.The selected contributions in this edited volume examine the recent trends in trade defence law from a legal and practical perspective and offer analytical insights from EU officials, legal practitioners and leading academics. A unique collection of essays in a changed global framework, this EYIEL Special Issue provides an up-to-date overview of the state of play of trade defence in the EU and around the globe.
The Future of Trust
by Ros TaylorA revealing exploration into how trust defines our lives, how it can be won and lost, and what its future might look like, in this fascinating title in the Melville House's FUTURES series.In a society battered by economic, political, cultural and ecological collapse, where do we place our trust, now that it is more vital than ever for our survival? How has that trust – in our laws, our media, our governments – been lost, and how can it be won back? Examining the police, the rule of law, artificial intelligence, the 21st century city and social media, Ros Taylor imagines what life might be like in years to come if trust continues to erode.Have conspiracy theories permanently damaged our society? Will technological advances, which require more and more of our human selves, ultimately be rejected by future generations? And in a world fast approaching irreversible levels of ecological damage, how can we trust the custodians of these institutions to do the right thing – even as humanity faces catastrophe?
The Future of Union Organising
by Gregor GallWhile 'union organising' has developed over time and in many different environments, it has become apparent that a number of key problems have developed. Evaluating its efficacy in terms of union strategies, tactics, styles and resources, this title outlines a number of strategies for improving these deficiences.
The Future of War Crimes Justice
by Chris StephenFrom Russia to The Democratic Republic of Congo to Myanmar, Chris Stephen ponders the future of prosecuting war criminals who think themselves untouchable in this timely new book, part of Melville House FUTURES series.We are all too familiar with the horrors of war. Throughout history, rules have been laid down to govern the conduct of war, with varying success. Today, the International Criminal Court (ICC) in the Netherlands is the world's first permanent war crimes court, but since it opened in 2002, it has jailed just 4 people. So what has gone wrong?Journalist and ex war-correspondent Chris Stephen takes a look at the colorful history of how war law was devised, asking complicated and important questions such as: What constitutes a war crime? How and when can the law step into prosecute? Today, membership of the ICC is voluntary. Of the UN&’s 193 member states, 123 are in the ICC. But most of the world&’s war crimes are committed by the other 70. Simply put, governments that commit war crimes don&’t join the ICC – like Russia, for example.How then, do we go after war criminals? Follow the money, argues Stephen, and go after the banks and corporations that enable warlords. It worked for Al Capone, who, famously, was jailed not for his many killings, but for not paying his taxes. It was the same for Milosevic: years were spent gathering records, so judges could be shown he pulled the financial strings.Corporations and banks, span the world. Democracies and dictators both rely on them. The future of war crime courts demand they hit all the enablers, whether they wear battle fatigues or three-piece suits.
The Future of Work, Technology, and Basic Income (Routledge Research in Applied Ethics)
by Michael Cholbi Michael WeberTechnological advances in computerization and robotics threaten to eliminate countless jobs from the labor market in the near future. These advances have reignited the debate about universal basic income. The essays in this collection offer unique and compelling perspectives on the ever-changing nature of work and the plausibility of a universal basic income to address the elimination of jobs from the workforce. The essays address a number of topics related to these issues, including the prospects of libertarian and anarchist justifications for a universal basic income, the positive impact of a basic income on intimate laborers such as sex workers and surrogates, the nature of "bad work" and who will do it if everyone receives a basic income, whether a universal basic income is objectionably paternalistic, and viable alternatives to a universal basic income. This book raises complex questions and avenues for future research about universal basic income and the future of work in our increasingly technological society. It will be of keen interest to graduate students and scholars in political philosophy, economics, political science, and public policy who are interested in these debates.
Future-Proofing the Judiciary: Preparing for Demographic Change (Palgrave Socio-Legal Studies)
by Brian OpeskinThis book reinvigorates the field of socio-legal inquiry examining the relationship between law and demography. Originally conceived as 'population law' in the 1960s following a growth in population and a use of law to temper population growth, this book takes a new approach by examining how population change can affect the legal system, rather than the converse. It analyses the impact of demographic change on the judicial system, with a geographic focus on Australian courts but with global insights and it raises questions about institutional structures. Through four case studies, it examines how demographic change impacts on the judicial system and how should the judicial system adapt to embody a greater preparedness for the demographic changes that lie ahead? It makes recommendations for reform and speaks to applied demographers, socio-legal scholars, and those interested in judicial institutions.
Future Ready: Your Organization's Guide to Rethinking Climate, Resilience, and Sustainability
by Tom Lewis Alastair MacGregorRethink climate, resilience, and sustainability for your organization In Future Ready: Your Organization’s Guide to Rethinking Climate, Resilience, and Sustainability, a team of business leaders with deep expertise in engineering, planning, finance, project, program implementation and advisory consulting perspective delivers an essential guide for executives, managers, and other business and infrastructure organization leaders to set and implement a resilience, sustainability and ESG strategy in complex project and operating environments. Through practical examples and proven insights, readers will learn to proactively engage with stakeholders, successfully plan, implement, and measure the impacts of their initiatives, and effectively communicate the results. In the book, the authors draw on hundreds of completed projects across a full range of client organizations, markets, sectors, and scales to equip readers with unprecedented insights and the behind-the-scenes work that went into making the projects successful. The authors also include: Strategies for identifying, cataloguing, and reporting risks—from the operational to the physical and transactional—as well as explanations of how climate risk scenarios can reveal hidden opportunities and unexpected vulnerabilities A Future Ready mindset and the specific examples of organizational sustainability and climate adaptation commitments and the paths companies have taken to meet their goals Critical questions that leaders must ask of themselves and their organizations before they begin a climate, resilience, and/or sustainability initiativeA must-read guide for executives, board members, ESG professionals, and other business and infrastructure organization leaders, Future Ready belongs in the hands of anyone who finds themselves responsible for helping an organization achieve their environmental, social, and governance goals.
The Future-Ready Leader: Accelerated Learning for Business Success
by Peter Lorange Karin MugnainiIf you're a business leader looking to stay ahead of the curve, this book is an essential guide. It offers a comprehensive overview of the major trends shaping the future of business, drawing on reviews of 70 recent management books and interviews with 21 senior leaders.What sets this book apart is that it's grounded in the real-world experiences of active business leaders. From political affairs to family businesses and everything in between, each of the eight parts offers expert insights on the challenges and opportunities that lie ahead. Whether you're seeking to adapt your strategy to the external environment, lead your organization towards fulfilling its mission, or simply stay ahead of the competition, this book has got you covered.
Future Urban Habitation: Transdisciplinary Perspectives, Conceptions, and Designs
by Oliver HeckmannPresents forward-looking concepts, innovative research, and transdisciplinary perspectives for developing strategies for future urban habitation Around the globe, urban populations are growing at an unpreceded rate, in particular in Asia and Africa. In view of pressing social and environmental challenges it is essential to reimagine current design strategies to build affordable, sustainable, and inclusive communities that can respond to future demographic dynamics, new social practices, and the consequences of climate change. Future Urban Habitation presents an integrative, transdisciplinary approach for developing long-term strategies for urban housing at a different scales. With focus on the rapidly growing cities of Asia, and urban processes in Europe and North-America this volume offers perspectives from both researchers and practitioners involved in multiple aspects of urban habitation. The authors address a range of challenges to urban habitation with four intersecting thematic frameworks: Inclusive Urbanism, High-Dense Typologies for Building Community, Adaptable and Responsive Habitation, and New Tools and Approaches. Throughout the text, readers are presented with innovative design ideas from different fields, new concepts for social practices and sustainable housing policies, recent research on urban housing, and more. Exploring both social and architectural strategies for sustainable and livable dwelling models, Future Urban Hanitation: Addresses challenges associated with urbanization, population growth, societal segregation, shifting demographics and the crisis of care, and climate change Discusses advanced approaches for design thinking and design research and the impact of inclusive people-centric social design Explores the building of collaboration-based, cohesive neighborhoods and community-based social and health services Describes the use of innovative tools and methods affecting design practices and decision-making processes, such as co-design, social design, parametric design, performance simulation and sustainable construction to develop urban housing Includes perspectives and concepts from policy makers in housing boards and social service administrations, urban planners, architectural and social designers, innovators in sustainable construction, and researchers working on urban society Future Urban Habitation is an invaluable resource for designers from various fields including architecture, urban planning, and social design, for researchers from social science and design fields, and for policymakers, and other practitioners working on the provision of housing and the facilitation of social services in urban environments.
Future Viability, Business Models, and Values
by Friedrich GlaunerThis book challenges the traditional models of modern economy, business education and management, which are devoted to the concepts of scarcity, competition, growth and yield. It deconstructs the spiral of acceleration in which technological shifts concerning global markets and enterprises produce a dynamic of unbridled disruption, concentration and erosion of human and natural resources. The book analyzes how, in the face of this dynamic, once successful business models increasingly lead to existential jeopardy. The book embeds its argument in the impact of technological change on strategy in general. It subsequently analyzes the degree of rationality in the strategy building process to juxtapose revenue and responsibility as the fundamental principles of diverging strategic concepts. In its central chapters the book explores the benefits of consciousness-driven business models and value-added strategies for the awareness markets of the future and their impact on team excellence and resource handling. It develops an understanding of how corporations can function as ecosystems fostering the growth and development of the resources they operate on, rather than being based on their exploitation. Understanding this structure of viable future business models is the overall theme of this pioneering book. " This book endeavors to set out yet another paradigm for a viable economics, the paradigm of ethicology. It seeks to replace the concepts of competition, scarcity and growth with strategies and business models based on resource creation, added values cycles, enrichment and symbiosis in line with the awareness economy it describes. "Hunter Lovins, President and Founder of Natural Capitalism Solutions " . . . a very basic paradigm shift in our future strategies " Henner Klein, Chairman Emeritus A. T. Kearney " The book stands right on the tectonic fault line between our old and our new reality. It manages to do both: analyze the shifting paradigms and provoke new thinking. " Dr. Martin R. Stuchtey, Director of the McKinsey Center for Business & Environment " This book is raising the bar. His vision dares to rethink the principles of the liberal and social market economy in a globalized business world. " Prof. Dr. Rene Schmidpeter, CBS Koln " A book worth reading and reflecting on. Onwards to an economy that works for 100% of humanity. " Michael Pirson, Associate Professor, Director Center for Humanistic Management, Fordham University and Research Fellow, Harvard University " powerful arguments and practical guidance on how companies can become sustainable and live up to the realities of global enterprise " Michael Hilti, Hilti AG " " "
Future Viability, Business Models, and Values: Strategy, Business Management and Economy in Disruptive Markets (CSR, Sustainability, Ethics & Governance)
by Friedrich GlaunerThis book challenges the traditional models of modern economy, business education and management, which are devoted to the concepts of scarcity, competition, growth and yield. It deconstructs the spiral of acceleration in which technological shifts concerning global markets and enterprises produce a dynamic of unbridled disruption, concentration and erosion of human and natural resources. The book analyzes how, in the face of this dynamic, once successful business models increasingly lead to existential jeopardy.The book embeds its argument in the impact of technological change on strategy in general. It subsequently analyzes the degree of rationality in the strategy building process to juxtapose revenue and responsibility as the fundamental principles of diverging strategic concepts. In its central chapters the book explores the benefits of consciousness-driven business models and value-added strategies for the awareness markets of the future and their impact on team excellence and resource handling. It develops an understanding of how corporations can function as ecosystems – fostering the growth and development of the resources they operate on, rather than being based on their exploitation. Understanding this structure of viable future business models is the overall theme of this pioneering book.“This book endeavors to set out yet another paradigm for a viable economics, the paradigm of ethicology. It seeks to replace the concepts of competition, scarcity and growth with strategies and business models based on resource creation, added values cycles, enrichment and symbiosis in line with the awareness economy it describes.” Hunter Lovins,President and Founder of Natural Capitalism Solutions “... a very basic paradigm shift in our future strategies …” Henner Klein, Chairman Emeritus A.T. Kearney “The book stands right on the tectonic fault line between our old and our new reality. It manages to do both: analyze the shifting paradigms and provoke new thinking.” Dr. Martin R. Stuchtey, Director of the McKinsey Center for Business & Environment “This book is raising the bar. His vision dares to rethink the principles of the liberal and social market economy in a globalized business world.” Prof. Dr. René Schmidpeter, CBS Köln “A book worth reading and reflecting on. Onwards to an economy that works for 100% of humanity.” Michael Pirson,Associate Professor, Director Center for Humanistic Management, Fordham University and Research Fellow, Harvard University „ … powerful arguments and practical guidance on how companies can become sustainable and live up to the realities of global enterprise …” Michael Hilti, Hilti AG
#futuregen: Lessons from a Small Country
by Jane Davidson"What Wales is doing today, the world will do tomorrow.”—Nikhil Seth, UN Assistant Secretary General <P><P> The story of how one small nation responded to global climate issues by radically rethinking public policy for future generations <P><P> In #futuregen, Jane Davidson explains how, as Minister for Environment, Sustainability and Housing in Wales, she proposed the Well-being of Future Generations (Wales) Act 2015—the first piece of legislation on Earth to place regenerative and sustainable practice at the heart of government. Unparalleled in its scope and vision, the Act connects environmental and social health and looks to solve complex issues such as poverty, education and unemployment. <P><P> Davidson reveals how and why such groundbreaking legislation was forged in Wales—once reliant on its coal, iron and steel industries—and explores how the shift from economic growth to sustainable growth is creating new opportunities for communities and governments all over the world. <P><P> #futuregen is the inspiring story of a small, pioneering nation discovering prosperity through its vast natural beauty, renewable energy resources and resilient communities. It’s a living, breathing prototype for local and global leaders as proof of what is possible in the fight for a sustainable future.
Futures of International Criminal Justice (Routledge Socio-Legal Frontiers of Transitional Justice)
by Emma Palmer Susan Harris Rimmer Edwin Bikundo Martin ClarkThis collection identifies and discusses problems and opportunities for the theory and practice of international criminal justice. The International Criminal Court and project of prosecuting international atrocity crimes have faced multiple challenges and critiques. In recent times, these have included changes in technology, the conduct of armed conflict, the environment, and geopolitics. The mostly emerging contributors to this collection draw on diverse socio-legal research frameworks to discuss proposals for the futures of international criminal justice. These include addressing accountability gaps and under-examined or emerging areas of criminality at, but also beyond, the International Criminal Court, especially related to technology and the environment. The book discusses the tensions between universalism and localisation, as well as the regionalisation of international criminal justice and how these approaches might adapt to dynamic organisational, political and social structures, at the ICC and beyond. The book will be of interest to students, researchers and academics. It will also be a useful resource for civil society representatives including justice advocates, diplomats and other government officials and policy-makers.
Futures of Reproduction
by Catherine MillsIssues in reproductive ethics, such as the capacity of parents to 'choose children', present challenges to philosophical ideas of freedom, responsibility and harm. This book responds to these challenges by proposing a new framework for thinking about the ethics of reproduction that emphasizes the ways that social norms affect decisions about who is born. The book provides clear and thorough discussions of some of the dominant problems in reproductive ethics - human enhancement and the notion of the normal, reproductive liberty and procreative beneficence, the principle of harm and discrimination against disability - while also proposing new ways of addressing these. The author draws upon the work of Michel Foucault, especially his discussions of biopolitics and norms, and later work on ethics, alongside feminist theorists of embodiment to argue for a new bioethics that is responsive to social norms, human vulnerability and the relational context of freedom and responsibility. This is done through compelling discussions of new technologies and practices, including the debate on liberal eugenics and human enhancement, the deliberate selection of disabilities, PGD and obstetric ultrasound.
Futures of Reproduction: Bioethics and Biopolitics
by Catherine MillsIssues in reproductive ethics, such as the capacity of parents to 'choose children', present challenges to philosophical ideas of freedom, responsibility and harm. This book responds to these challenges by proposing a new framework for thinking about the ethics of reproduction that emphasizes the ways that social norms affect decisions about who is born. The book provides clear and thorough discussions of some of the dominant problems in reproductive ethics - human enhancement and the notion of the normal, reproductive liberty and procreative beneficence, the principle of harm and discrimination against disability - while also proposing new ways of addressing these. The author draws upon the work of Michel Foucault, especially his discussions of biopolitics and norms, and later work on ethics, alongside feminist theorists of embodiment to argue for a new bioethics that is responsive to social norms, human vulnerability and the relational context of freedom and responsibility. This is done through compelling discussions of new technologies and practices, including the debate on liberal eugenics and human enhancement, the deliberate selection of disabilities, PGD and obstetric ultrasound.
Fuzzy Graph Theory with Applications to Human Trafficking (Studies in Fuzziness and Soft Computing #365)
by Davender S. Malik Sunil Mathew John N. MordesonThis book reports on advanced concepts in fuzzy graph theory, showing a set of tools that can be successfully applied to understanding and modeling illegal human trafficking. Building on the previous book on fuzzy graph by the same authors, which set the fundamentals for readers to understand this developing field of research, this second book gives a special emphasis to applications of the theory. For this, authors introduce new concepts, such as intuitionistic fuzzy graphs, the concept of independence and domination in fuzzy graphs, as well as directed fuzzy networks, incidence graphs and many more.
G.a.t.c.a.
by Ross K. Mcgill Christopher A. Haye Stuart LipoThis book is a practical guide to global anti-tax evasion frameworks. Coverage includes base erosion and profit shifting (BEPS), the Common Reporting Standard (CRS), and the Automatic Exchange of Information (AEoI). It covers the practical operational issues these frameworks present and offers insight into practical compliance options and operational methodologies to reduce costs and risks. The book concludes with insights into how institutions can translate these complex obligations into effective client communications.
G. E. Moore: Early Philosophical Writings
by Thomas Baldwin Consuelo PretiG. E. Moore's fame as a philosopher rests on his ethics of love and beauty, which inspired Bloomsbury, and on his 'common sense' certainties which challenge abstract philosophical theory. Behind this lies his critical engagement with Kant's idealist philosophy, which is published here for the first time. These early writings, Moore's fellowship dissertations of 1897 and 1898, show how he initiated his influential break with idealism. In 1897 his main target was Kant's ethics, but by 1898 it was the whole Kantian project of transcendental philosophy that he rejected, and the theory which he developed to replace it gave rise to the new project of philosophy as logical analysis. This edition includes comments by Moore's examiners Henry Sidgwick, Edward Caird and Bernard Bosanquet, and in a substantial introduction the editors explore the crucial importance of the dissertations to the history of twentieth-century philosophical thought.
G-Man: J. Edgar Hoover and the Making of the American Century
by Beverly GageWhen he became director of the FBI in 1924, J. Edgar Hoover was a dazzling wunderkind buzzing with big ideas for reform. He transformed a failing law-enforcement backwater, riddled with scandal, into a modern machine. He believed in the power of the federal government to do great things for the nation and its citizens. He also believed that certain people – many of them communists or racial minorities – did not deserve to be included in that American project. In her nuanced and definitive portrait, Beverly Gage charts Hoover&’s rise to power, as he used the tools of state to create a personal fiefdom unrivalled in U.S. history. Hoover was not above blackmail and intimidation, and his conservative values ranged from white supremacy to a crusading and politicized interpretation of Christianity. But he was more than a one-dimensional tyrant who strong-armed the country into submission. As FBI director for almost fifty years, he was a confidant, counsellor, and adversary to eight U.S. presidents, four Republicans and four Democrats. His conservative values won him the admiration of millions of Americans. He stayed in office for so long because many people, from the highest reaches of government down to the grassroots, wanted him there. And he has done more to shape the political right today than many presidents. G-Man places Hoover back where he once stood: at the centre of American political history. In telling his story, Gage shines a light on great social and political changes in 20th century America, from policing and civil rights to political culture and ideology.
The Gacaca Courts, Post-Genocide Justice and Reconciliation in Rwanda
by Phil ClarkSince 2001, the Gacaca community courts have been the centrepiece of Rwanda's justice and reconciliation programme. Nearly every adult Rwandan has participated in the trials, principally by providing eyewitness testimony concerning genocide crimes. Lawyers are banned from any official involvement, an issue that has generated sustained criticism from human rights organisations and international scepticism regarding Gacaca's efficacy. Drawing on more than six years of fieldwork in Rwanda and nearly five hundred interviews with participants in trials, this in-depth ethnographic investigation of a complex transitional justice institution explores the ways in which Rwandans interpret Gacaca. Its conclusions provide indispensable insight into post-genocide justice and reconciliation, as well as the population's views on the future of Rwanda itself.
Gadamer and Law (Philosophers And Law Ser.)
by FrancisJ.Mootz IiiHans-Georg Gadamer‘s philosophical hermeneutics is especially relevant for law, which is grounded in the interpretation of authoritative texts from the past to resolve present-day disputes. In this collection, leading scholars consider the importance of Gadamer‘s philosophy for ongoing disputes in legal theory. The work of prominent philosophers, including Fred Dallmayr, P. Christopher Smith and David Hoy, is joined with the work of leading legal theorists, such as William Eskridge, Lawrence Solum and Dennis Patterson, to provide an overview of the connections between law and Gadamer‘s hermeneutical philosophy. Part I considers the relevance of Gadamer‘s philosophy to longstanding disputes in legal theory such as the debate over originalism, the rule of law and proper modes of statutory and constitutional exegesis. Part II demonstrates Gadamer‘s significance for legal theory by comparing his approach to the work of Nietzsche, Habermas and Dworkin.
Gag Rule: On the Suppression of Dissent and the Stifling of Democracy
by Lewis LaphamFrom one of America's most important voices of protest, an urgent new polemic about the strangling of meaningful dissent—the lifeblood of our democracy—at the hands of a government and media increasingly beholden to the wealthy few. Dissent is democracy. Democracy is in trouble. Never before, Lewis Lapham argues, have voices of protest been so locked out of the mainstream conversation, somarginalized and muted by a government that recklessly disregards civil liberties, and by an ever more concentrated and profit-driven media in which the safe and the selling sweep all uncomfortable truths from view. In the midst of the "war on terror"—which makes the hunt for communists in the 1950's look, in its clarity of aim and purpose, like the Normandy landings on D-Day—we face a crisis of democracy as serious as any in our history. The Bush administration makes no secret of its contempt for a cowed and largely silenced electorate, and without bothering to conceal its purpose the government coordinates, "not the defense of the American citizenry against a foreign enemy, but the protection of the American oligarchy from the American democracy." Gag Rule is a rousing and necessary call to action in defense of one of our most important liberties, the right to raise our voices in dissent.
Gain-based Remedies for Breach of Contract: A Comparative Analysis of English and Polish Law
by Daniel ZatorskiThis book focuses on an emerging problem in English contract law: what should be done when a party has been unjustly enriched as the result of a breach of contract but there is no measurable loss suffered by said party? Two rulings are at the heart of the book: Wrotham Park Estate v Parkside Homes and Attorney-General v Blake. These two cases can be said to have established gain-based remedies in English contract law. However, the principles that underpin these remedies are not entirely clear and are subject to debate.This book analyses these principles through the lens of compensatory and restitutionary approaches. Moreover, it applies a comparative analysis of these approaches through the lens of the civil law jurisdiction in Poland.Since the term ‘compensation’ is not a universal concept, the book distinguishes between two rationales in the compensatory analysis. The first, reparative compensation, is defined as a form of monetary recompense for loss or damage actually suffered. The second, substitutive compensation, represents a monetary equivalent to a right that a person has been deprived of or denied. Both rationales require the application of a broad notion of loss in order to make gain-based remedies workable in both English and Polish law.In contrast, ‘restitution’ states that a person cannot be permitted to profit from their own wrongdoing. Based on this principle, the book argues that gain-based remedies could be applied under Polish law through the rules of unjust enrichment. However, in order to do so, a broader understanding of the subtraction prerequisite (the enrichment being at the aggrieved party’s expense) would have to be adopted. The book concludes that unjust enrichment is a more natural way of implementing gain-based remedies in civil law jurisdictions.
Gaining Ground?: Rights and Property in South African Land Reform
by Deborah JamesGaining Ground? Rights and Property in South African Land Reform examines how land reform policy and practice in post-apartheid South Africa have been produced and contested. Set in the province of Mpumalanga, the book gives an ethnographic account of local initiatives and conflicts, showing how the poorest sectors of the landless have defied the South African state's attempts to privatize land holdings and create a new class of African farmers. They insist that the 'rights-based' rather than the 'market-driven' version of land reform should prevail and that land restitution was intended to benefit all Africans. However their attempts to gain land access often backfire. Despite state assurances that land reform would benefit all, illegal land selling and 'brokering' are pervasive, representing one of the only feasible routes to land access by the poor. This book shows how human rights lawyers, NGOs and the state, in interaction with local communities, have tried to square these symbolic and economic claims on land. Winner of the inaugural Elliott P. Skinner Book Award of the Association of Africanist Anthropology, 2008