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This paper argues that while regulatory frameworks in aged care authorise restraints to protect vulnerable persons living with dementia from harm, they also serve as normalising practices to control challenging monstrous Others. This argument emerges out of an observed unease in aged care discourse where older people living with dementia are described as ‘vulnerable’, while dementia behaviours are described as ‘challenging’. Using narrative analysis on a case study from the Final Report of the Australian Royal Commission into Aged Care Quality and Safety (RCAC), this paper investigates how the RCAC (re)produced constructions of persons with dementia as ‘vulnerable monsters’. Drawing upon monstrous theory about ‘unruly and leaky’ bodies, extracts from the case study reveal how the RC... |
This article analyses the institutional conditions required to support a strategic state in being responsive to the changing demands of a market-economy, whilst maintaining a credible commitment to long-term policy goals. This article identifies a key pillar of a market economy that we believe is crucial to promoting inclusive economic growth; we term these institutions market-engaging institutions. We propose that market-engaging institutions may form a bridge between the flexibility required by a dynamic market economy and the stability demanded by the rule of law. We define market-engaging institutions as those institutions that facilitate greater political participation for marginalized groups, manage technological disruptions, and support human capital formation. Examples inclu... |
The study analyses the readability and clarity of economic specialised texts on supplementary individual pensions. The research includes agreements on individual pension products available on the Polish market at the beginning of 2017. The level of comprehensibility of language has been assessed using the “Jasnopis” application, based, among others, on the FOG index, while the structure of the content of the agreements has been assessed by an expert linguist (the expert linguist is one of the authors of this and a number of other publications on clear and understandable texts). In addition, one of the texts was subject to a survey, the so-called cloze text, which provided more accurate information about readability for a specific reader group. |
The paper explores the hypothesis that multinomials can act as authorship-based style distinguishing markers in legal communication. Specifically, the analysis focuses on identifying the quantitative distribution patterns of structural categories of multinomials as typical for two authorship categories and on their communicative function. The two authorship categories that are contrasted here are legal professionals/experts and lay people. The analysis is conducted in the corpus-based methodology with a custom-designed corpus of English, authentic texts found in the legal trade, in the domain of company registration proceedings. |
The article examines the merits of both human rights and citizenship as systems to protect vulnerable individuals. The idea of vulnerability is presented as a more reliable concept than the dignity of the individual in comparative research. The body is basic to vulnerability. |
The revision of the Product Liability Directive plays a key role in the policy strategy of resolving what might be called the artificial intelligence liability jigsaw puzzle. By accommodating the Product Liability Directive to the challenges of artificial intelligence systems, several policy quandaries have been aptly addressed and frontally solved. Two bridges have been built. First, a bridge between the Artificial Intelligence Act and the national fault-based liability rules (draft Artificial Intelligence Liability Directive), and secondly, a complementariness bridge between the Product Liability Directive and fault-based liability rules (draft Revised Product Liability Directive). |
“By mutual agreement, the competent authorities of two or more Member States may set up a joint investigation team for a specific purpose and a limited period, which may be extended by mutual consent, to carry out criminal investigations in one or more of the Member States setting up the team.”Footnote1 |
One of the main elements of the MiFIR Review is the revision of the framework for a Consolidated Tape in Europe. The objective is to establish a tape for each of the three main asset classes: bonds, equity, and derivatives. The objective is to provide a single reference source of information for transactions. It would thus reduce fragmentation and information asymmetries within the Capital Markets Union. This paper examines the main elements of the proposals, tailored to each asset class, as well as different use cases. Overall, the proposals appear to be a significant improvement on the current unsuccessful framework. |
The grounds for refusal or invalidity relating to trade marks filed in bad faith or being contrary to public policy or accepted principles of morality are based entirely on undefined concepts and require a value judgement to be made by the adjudicating authorities. This openness has led to the exploration of new lanes for these grounds in case law beyond the traditional scope of their application. This paper examines how the flexibility of the concepts at hand has led to considerable uncertainty in assessing whether a particular mark is registered in bad faith or offends against morality and public policy – and in some cases both. In particular, the objective, consistent viewpoint of the average consumer, which is normally applied in other areas of trade mark law, appears to be exil... |
International criminal law (ICL) is an achievement, but at the same time a challenge to the traditional conception of the principle of legality (lex praevia, scripta, and stricta – Sect. 1). International criminal tribunals have often based conviction for international crimes on unwritten norms the existence and scope of which they have failed to substantiate. In so doing, they have evaded the objection that they were applying ex post facto criminal laws. This approach, the relaxation of the concept of law by including norms whose existence is doubtful, has apparently served to maintain a concept of strict legality, but it is unsatisfying (Sect. 2). |
