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The Challenges of Ambient Law and Legal Protection in the Profiling Era 侧写时代环境法与法律保护的挑战
Wiley-Blackwell: Modern Law Review Pub Date : 2010-05-01 DOI: 10.1111/j.1468-2230.2010.00806.x
M. Hildebrandt, B. Koops
{"title":"The Challenges of Ambient Law and Legal Protection in the Profiling Era","authors":"M. Hildebrandt, B. Koops","doi":"10.1111/j.1468-2230.2010.00806.x","DOIUrl":"https://doi.org/10.1111/j.1468-2230.2010.00806.x","url":null,"abstract":"Ambient Intelligence is a vision of a future in which autonomic smart environments take an unprecedented number of decisions both for the private and the public good. It involves a shift to automated pattern recognition, a new paradigm in the construction of knowledge. This will fundamentally affect our lives, increasing specific types of errors, loss of autonomy and privacy, unfair discrimination and stigmatisation, and an absence of due process. Current law's articulation in the technology of the printed script is inadequate in the face of the new type of knowledge generation. A possible solution is to articulate legal protections within the socio-technical infrastructure. In particular, both privacy-enhancing and transparency-enhancing technologies must be developed that embed legal rules in ambient technologies themselves. This vision of ‘Ambient Law’ requires a novel approach to law making which addresses the challenges of technology, legitimacy, and political-legal theory. Only a constructive and collaborative effort to migrate law from books to other technologies can ensure that Ambient Law becomes reality, safeguarding the fundamental values underlying privacy, identity, and democracy in tomorrow's ambient intelligent world.","PeriodicalId":426546,"journal":{"name":"Wiley-Blackwell: Modern Law Review","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121170971","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 130
Stone & Rolls Ltd V Moore Stephens: An Unnecessary Tangle 滚石公司诉摩尔斯蒂芬斯:不必要的纠缠
Wiley-Blackwell: Modern Law Review Pub Date : 2010-05-01 DOI: 10.1111/J.1468-2230.2010.00795.X
D. Halpern
{"title":"Stone & Rolls Ltd V Moore Stephens: An Unnecessary Tangle","authors":"D. Halpern","doi":"10.1111/J.1468-2230.2010.00795.X","DOIUrl":"https://doi.org/10.1111/J.1468-2230.2010.00795.X","url":null,"abstract":"The opinions of the minority risk creating a dangerous inroad into Salamon and Caparo. The opinions of the majority avoid that risk but reach the right result by tortuous reasoning. The answer to the case lies in a proper application of Caparo.","PeriodicalId":426546,"journal":{"name":"Wiley-Blackwell: Modern Law Review","volume":"65 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134021516","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
Choice, Privacy and Publicly Funded Legal Advice at Police Stations 警察局的选择、隐私和公费法律咨询
Wiley-Blackwell: Modern Law Review Pub Date : 2010-05-01 DOI: 10.1111/J.1468-2230.2010.00799.X
R. Pattenden, L. Skinns
{"title":"Choice, Privacy and Publicly Funded Legal Advice at Police Stations","authors":"R. Pattenden, L. Skinns","doi":"10.1111/J.1468-2230.2010.00799.X","DOIUrl":"https://doi.org/10.1111/J.1468-2230.2010.00799.X","url":null,"abstract":"Section 58 of the Police and Criminal Evidence Act 1984 confers on all suspects held in police custody a right to consult a solicitor in private. The free legal advice which suspects arrested for certain minor offences can request is restricted to telephone advice from a call-centre operated by CDS Direct. It is lawful for the Legal Services Commission to restrict the delivery of legal advice in this way. Empirical research, however, reveals that there are police stations that lack the facilities for suspects to speak by telephone with legal advisers secure in the knowledge that what is said will not be overheard. It is unlawful and incompatible with the European Convention on Human Rights to expect suspects to speak by telephone to a legal adviser under such conditions.","PeriodicalId":426546,"journal":{"name":"Wiley-Blackwell: Modern Law Review","volume":"90 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126063944","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 10
The Parliamentary Standards Act 2009: A Constitutional Dangerous Dogs Measure? 2009年议会标准法案:一项符合宪法的危险狗措施?
Wiley-Blackwell: Modern Law Review Pub Date : 2010-03-01 DOI: 10.1111/J.1468-2230.2010.00793.X
N. Parpworth
{"title":"The Parliamentary Standards Act 2009: A Constitutional Dangerous Dogs Measure?","authors":"N. Parpworth","doi":"10.1111/J.1468-2230.2010.00793.X","DOIUrl":"https://doi.org/10.1111/J.1468-2230.2010.00793.X","url":null,"abstract":"The scandal which broke over MPs' abuses of the allowances system during the course of the last parliamentary session shows little sign of abating. As a result of an audit undertaken by Sir Thomas Legg, some MPs have been required to repay sums which were successfully claimed up to five years ago. Although this development has been welcomed by the public, it has been condemned by some in Parliament as being retrospective and unfair. In this article, the discussion focuses on the key provisions of the Parliamentary Standards Act 2009 which was enacted in order to tackle the issues raised by the expenses scandal. It considers their import and how they are likely to apply in practice. Since the Act is a further example of ‘fast-track’ legislation, there was no opportunity for pre-legislative scrutiny. This may help to explain why the Act differs in several important respects from the Bill which was originally introduced. It is highly likely that the 2009 Act will be the subject of post-legislative scrutiny, especially since it contains a renewal provision.","PeriodicalId":426546,"journal":{"name":"Wiley-Blackwell: Modern Law Review","volume":"71 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129715746","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 3
Disobedience to Law – Debbie Purdy's Case 不遵守法律 - 黛比-珀迪案
Wiley-Blackwell: Modern Law Review Pub Date : 2010-03-01 DOI: 10.1111/j.1468-2230.2010.00798.x
R. Nobles, David Schiff
{"title":"Disobedience to Law – Debbie Purdy's Case","authors":"R. Nobles, David Schiff","doi":"10.1111/j.1468-2230.2010.00798.x","DOIUrl":"https://doi.org/10.1111/j.1468-2230.2010.00798.x","url":null,"abstract":"This case note examines the implications of the House of Lords decision to order the DPP to issue offence specific guidelines allowing those contemplating assisting terminally ill persons to commit suicide to know the risk they face of prosecution under section 2(1) of the Suicide Act 1961. On the assumption that these guidelines will be law, and binding upon the DPP as well as the CPS, does this represent a change in the law, or a situation in which it may be unlawful to enforce the law, or even generate a legal right of disobedience to law?","PeriodicalId":426546,"journal":{"name":"Wiley-Blackwell: Modern Law Review","volume":"144 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125244324","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 7
Forced Marriage as a Harm in Domestic and International Law 强迫婚姻在国内法和国际法上的危害
Wiley-Blackwell: Modern Law Review Pub Date : 2010-01-01 DOI: 10.1111/j.1468-2230.2009.00784.x
C. Dauvergne, J. Millbank
{"title":"Forced Marriage as a Harm in Domestic and International Law","authors":"C. Dauvergne, J. Millbank","doi":"10.1111/j.1468-2230.2009.00784.x","DOIUrl":"https://doi.org/10.1111/j.1468-2230.2009.00784.x","url":null,"abstract":"This article reports on our analysis of 120 refugee cases from Australia, Canada, and Britain where an actual or threatened forced marriage was part of the claim for protection. We found that forced marriage was rarely considered by refugee decision makers to be a harm in and of itself. This finding contributes to understanding how gender and sexuality are analysed within refugee law, because the harm of forced marriage is experienced differently by lesbians, gay men and heterosexual women. We contrast our findings in the refugee case law with domestic initiatives in Europe aimed at protecting nationals from forced marriages both within Europe and elsewhere. We pay particular attention to British initiatives because they are in many ways the most far-reaching and innovative, and thus the contrast with the response of British refugee law is all the more stark.","PeriodicalId":426546,"journal":{"name":"Wiley-Blackwell: Modern Law Review","volume":"95 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132366611","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 30
Property Interests in Body Parts: Yearworth v North Bristol NHS Trust 身体部位的财产权益:Yearworth诉North Bristol NHS信托
Wiley-Blackwell: Modern Law Review Pub Date : 2010-01-01 DOI: 10.1111/j.1468-2230.2009.00787.x
C. Hawes
{"title":"Property Interests in Body Parts: Yearworth v North Bristol NHS Trust","authors":"C. Hawes","doi":"10.1111/j.1468-2230.2009.00787.x","DOIUrl":"https://doi.org/10.1111/j.1468-2230.2009.00787.x","url":null,"abstract":"This note analyses Yearworth v North Bristol NHS Trust, in which the Court of Appeal accepted the existence of property interests in parts or products of the human body and considered the applicability of chattel torts where interference with such interests occurs. The writer questions whether the Court's decision to extend the law of bailment in the case was necessary, or whether the law of conversion or negligence should be available as the more appropriate causes of action.","PeriodicalId":426546,"journal":{"name":"Wiley-Blackwell: Modern Law Review","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134074178","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 10
Natural Intellectual Property Rights and the Public Domain 自然知识产权与公共领域
Wiley-Blackwell: Modern Law Review Pub Date : 2010-01-01 DOI: 10.1111/j.1468-2230.2010.00791.x
Hugh Breakey
{"title":"Natural Intellectual Property Rights and the Public Domain","authors":"Hugh Breakey","doi":"10.1111/j.1468-2230.2010.00791.x","DOIUrl":"https://doi.org/10.1111/j.1468-2230.2010.00791.x","url":null,"abstract":"No natural rights theory justifies strong intellectual property rights. More specifically, no theory within the entire domain of natural rights thinking – encompassing classical liberalism, libertarianism and left-libertarianism, in all their innumerable variants – coherently supports strengthening current intellectual property rights. Despite their many important differences, all these natural rights theories endorse some set of members of a common family of basic ethical precepts. These commitments include non-interference, fairness, non-worsening, consistency, universalisability, prior consent, self-ownership, self-governance, and the establishment of zones of autonomy. Such commitments have clear applications pertaining to the use and ownership of created ideas. I argue that each of these commitments require intellectual property rights to be substantially limited in scope, strength and duration. In this way the core mechanisms of natural rights thinking ensure a robust public domain and categorically rule out strong intellectual property rights.","PeriodicalId":426546,"journal":{"name":"Wiley-Blackwell: Modern Law Review","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130921015","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 27
A-Legality: Postnationalism and the Question of Legal Boundaries 合法性:后民族主义与法律边界问题
Wiley-Blackwell: Modern Law Review Pub Date : 2010-01-01 DOI: 10.1111/j.1468-2230.2009.00783.x
H. Lindahl
{"title":"A-Legality: Postnationalism and the Question of Legal Boundaries","authors":"H. Lindahl","doi":"10.1111/j.1468-2230.2009.00783.x","DOIUrl":"https://doi.org/10.1111/j.1468-2230.2009.00783.x","url":null,"abstract":"This paper critically examines the prevailing assumption that legal boundaries are becoming irrelevant in postnationalism. While the boundaries of the nation-state are forfeiting some of their hold on human behaviour, postnational legal orders are simply not legal orders unless they can in some way draw the spatial, temporal, material and subjective boundaries that make it possible to qualify human behaviour as legal or illegal. This implies that reflexively constituted legal orders – whether national or postnational – must be presented as legal unities. To the extent that boundaries are the necessary condition of national and postnational legal orders, and therewith of legal unity, they also spawn the possibility of political plurality, manifested in behaviour that resists the very distinction between legality and illegality, as drawn by an order of positive law: a-legality. Rather than signalling the demise of legal boundaries, postnationalism ushers in a novel way of dealing therewith – and with a-legality.","PeriodicalId":426546,"journal":{"name":"Wiley-Blackwell: Modern Law Review","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115374838","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 43
Harmonisation by Example: European Laws Against Unfair Commercial Practices 范例协调:欧洲反对不公平商业行为的法律
Wiley-Blackwell: Modern Law Review Pub Date : 2010-01-01 DOI: 10.1111/j.1468-2230.2009.00785.x
H. Collins
{"title":"Harmonisation by Example: European Laws Against Unfair Commercial Practices","authors":"H. Collins","doi":"10.1111/j.1468-2230.2009.00785.x","DOIUrl":"https://doi.org/10.1111/j.1468-2230.2009.00785.x","url":null,"abstract":"This examination of the implementation of the European Union's Directive on Unfair Commercial Practices in the United Kingdom by the Consumer Protection from Unfair Trading Regulations 2008 assesses the likely impact on the national law governing the marketing practices of rogue traders, including its ambition to simplify and extend legal protection, and the likely success of the Directive in achieving the harmonisation of the laws and practices regulating marketing in Europe. In particular, the discussion evaluates the regulatory strategy of the Directive in its attempt to secure uniform laws through the combination of principles, rules, and concrete examples of prohibited practices. The paper also investigates the likely impact of the Regulations on the private law of contract and tort and the possibilities for improvements in a consumer's personal right of redress.","PeriodicalId":426546,"journal":{"name":"Wiley-Blackwell: Modern Law Review","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123333438","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 36
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