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Article
Publication date: 11 May 2009

Max Pickard

The Deprivation of Liberty Safeguards (DoLS) are due to be implemented imminently. This legislation serves as an extension of the Mental Capacity Act designed to close the…

Abstract

The Deprivation of Liberty Safeguards (DoLS) are due to be implemented imminently. This legislation serves as an extension of the Mental Capacity Act designed to close the ‘Bournewood Gap’ and is of particular relevance to learning disability services. This article discusses the DoLS from a legal, philosophical and ethical perspective.

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Advances in Mental Health and Learning Disabilities, vol. 3 no. 1
Type: Research Article
ISSN: 1753-0180

Keywords

Book part
Publication date: 6 May 2003

Mary Jane Rootes

Robert Hauptman first raised awareness about the ethical issues of reference service in 1976. Hauptman, a library school student at the time, did a study on the culpability, or…

Abstract

Robert Hauptman first raised awareness about the ethical issues of reference service in 1976. Hauptman, a library school student at the time, did a study on the culpability, or lack thereof, in reference service provided by librarians. In his study, Hauptman posed as a library patron seeking potentially dangerous information. The behavior examined was how librarians respond to the request for material on how to build a bomb that would be powerful enough to blow up a house. Hauptman tried to present himself as a person of questionable character. He used six public and seven academic libraries in this study. Hauptman first made sure that he was speaking to the reference librarian. He then requested information for the construction of a small explosive, requesting specifically the chemical properties of cordite. He then asked for information on the potency of such an explosive, whether or not it could blow up a suburban house (Hauptman, Wilson Library Bulletin, 1976, p. 626).

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Advances in Library Administration and Organization
Type: Book
ISBN: 978-1-84950-206-1

Book part
Publication date: 4 September 2020

Torrie Hester

The Department of Homeland Security (DHS) states in 2018 that safeguarding “civil liberties is critical” to their official duties. The Office for Civil Rights and Civil Liberties

Abstract

The Department of Homeland Security (DHS) states in 2018 that safeguarding “civil liberties is critical” to their official duties. The Office for Civil Rights and Civil Liberties within DHS, as its website explains,

reviews and assesses complaints from the public in areas such as: physical or other abuse; discrimination based on race, ethnicity, national origin, religion, gender, sexual orientation, or disability; inappropriate conditions of confinement; infringements of free speech; violation of right to due process … and any other civil rights or civil liberties violation related to a Department program or activity.

My chapter tracks the centrality of deportability in shaping the civil liberties and rights that DHS is tasked with enforcing. Over the course of the twentieth century, people on US soil saw an expanding list of civil liberties and civil rights. Important scholarship concentrates on the role of the courts, state and federal governments, advocacy groups, social movements, and foreign policy driving these constitutional and cultural changes. For instance, the scholarship illustrates that coming out of World War I, the US Supreme Court ruled that the First Amendment did not protect something the Justices labeled “irresponsible speech.” The Supreme Court soon changed course, opening up an era ever since of more robust First Amendment rights. What has not been undertaken in the literature is an examination of the relationship of deportability to the sweep of civil liberties and civil rights. Starting in the second decade of the twentieth century, federal immigration policymakers began multiplying types of immigration statuses. A century later, among many others, there is the H2A status for temporary low-wage workers, the H2B for skilled labor, and permanent residents with green cards. The deportability of each status constrains access to certain liberties and rights. Thus, in 2016, when people from the Office for Civil Rights and Civil Liberties within DHS act, they are not enforcing a uniform body of rights and liberties that applies equally to citizens and immigrants, or even within the large category of immigrants. Instead, they do so within a complicated matrix of liberties and rights attenuated by deportability, which has been shaped by the history of the twentieth century.

Details

Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-83982-297-1

Keywords

Book part
Publication date: 1 June 2011

Werner Winslow Gardner

Neoclassic economics is a thing of considerable beauty. It yet finds an increasing tendency on the part of those trained in its discipline to rebel from its neatly fitted…

Abstract

Neoclassic economics is a thing of considerable beauty. It yet finds an increasing tendency on the part of those trained in its discipline to rebel from its neatly fitted abstractions and intriguing diagrams. The rebellion stems from two sources. Veblen's sweeping attacks upon its postulates16 shock its theoretical foundations. The rapid changes in the industrial and business world discredited it on another front by bringing into increasingly sharp relief the divergence between the institutional assumptions of the orthodox theory and the conditions actually obtaining. The giant corporation, overhead costs, and the necessity for maintenance of volume, industrial concentration, the trade association, a widening spread among income classes, advertising, the growing inability of the consumer to gauge quality, the resort to reorganization instead of the “going out of business” of the long-run analyses – what place could the orthodox theory give to these important characteristics of the existing business economy?

Details

Wisconsin, Labor, Income, and Institutions: Contributions from Commons and Bronfenbrenner
Type: Book
ISBN: 978-1-78052-010-0

Article
Publication date: 27 March 2023

Laurence Ferry, Henry Midgley and Stuart Green

The study explains why Parliamentarians in the United Kingdom (UK) focused on accountability through data during the COVID-19 pandemic, as well as on how data could be used to…

Abstract

Purpose

The study explains why Parliamentarians in the United Kingdom (UK) focused on accountability through data during the COVID-19 pandemic, as well as on how data could be used to improve the government’s response to the pandemic.

Design/methodology/approach

Understanding the implications of accountability for COVID-19 is crucial to understanding how governments should respond to future pandemics. This article provides an account of what a select committee in the UK thought were the essential elements of these accountability relationships. To do so, the authors use a neo-Roman concept of liberty to show how Parliamentary oversight of the pandemic for accountability was crucial to maintaining the liberty of citizens during the crisis and to identify what lessons need to be learnt for future crises.

Findings

The study shows that Parliamentarians were concerned that the UK government was not meeting its obligations to report openly about the COVID-19 pandemic to them. It shows that the government did make progress in reporting during the pandemic but further advancements need to be made in future for restrictions to be compatible with the protection of liberty.

Research limitations/implications

The study extends the concept of neo-Roman liberty showing how it is relevant in an emergency situation and provides an account of why accountability is necessary for the preservation of liberty when the government uses emergency powers.

Practical implications

Governments and Parliaments need to think about how they preserve liberty during crises through enhanced accountability mechanisms and the publication of data.

Originality/value

The study extends previous work on liberty and calculation, providing a theorisation of the role of numbers in the protection of liberty.

Details

Accounting, Auditing & Accountability Journal, vol. 37 no. 1
Type: Research Article
ISSN: 0951-3574

Keywords

Article
Publication date: 28 July 2021

Laurence Ferry and Henry Midgley

The study focusses on explaining why advocates for reform to state audit in the United Kingdom (UK) in the early 1980s, focussed on improving the links between the new National…

Abstract

Purpose

The study focusses on explaining why advocates for reform to state audit in the United Kingdom (UK) in the early 1980s, focussed on improving the links between the new National Audit Office (NAO) and Parliament, rather than on traditional notions of audit independence. The study shows how this focus on the auditor's link to Parliament depends on a particular concept of liberty and relates this to the wider literature on the place of audit in democratic society.

Design/methodology/approach

Understanding the issue of independence of audit in protecting the liberties and rights of citizens needs addressed. In this article, the authors investigate the creation of audit independence in the UK in the National Audit Act (1983). To do so, the authors employ a neo-Roman concept of liberty to historical archives ranging from the late 1960s to 1983.

Findings

The study shows that advocates for audit reform in the UK from the 1960s to the 1980s were arguing for an extension to Parliament's power to hold the executive to account and that their focus was influential on the way that the new NAO was established. Using a neo-Roman concept of liberty, the authors show that they believed Parliamentary surveillance of the executive was necessary to secure liberty within the UK.

Research limitations/implications

The neo-Roman republican concept of liberty extends previous studies in considering the importance of audit for public accountability, the preservation of liberty and democracy.

Practical implications

Public sector audit can be a fundamentally democratic activity. Auditors should be alert to the constitutional importance of their work and see parliamentary accountability as a key objective.

Originality/value

The neo-Roman concept of liberty extends previous studies in considering the importance of audit for public accountability, preservation of liberty and democracy.

Details

Accounting, Auditing & Accountability Journal, vol. 35 no. 2
Type: Research Article
ISSN: 0951-3574

Keywords

Article
Publication date: 14 October 2013

Maria Dimova-Cookson

The paper aims to examine and compare two understandings of liberty that have dealt successfully with the normative and analytical challenge of reconciling liberty with social…

Abstract

Purpose

The paper aims to examine and compare two understandings of liberty that have dealt successfully with the normative and analytical challenge of reconciling liberty with social justice: Philip Pettit's republican liberty as nondomination and Hobhouse's concept of liberty as personal growth available to all. The paper focuses on one particular question: how successful each of these thinkers has been in resolving the tension between voluntariness of action, implicit in the “primary” meaning of liberty (as defined by T.H. Green), with the often heavy demands of social justice policies aiming at social equality and entailing economic redistribution.

Design/methodology/approach

The paper analyses two theories of liberty by spelling out the difficulties they aimed to deal with and by assessing the level of success they have achieved in resolving these difficulties, with the objective to demonstrate their originality in the broader context of conceptualising liberty.

Findings

The paper criticises Pettit's republican theory from a new perspective and develops an original critique of it; it spells out the achievements of Hobhouse's understanding of liberty in a new light – related to the specific critique of Pettit's republican liberty; and by spelling out the analytical and normative achievements of Hobhouse's liberty as “personal growth available to all” it offers a viable concept of liberty that fits with contemporary conceptualisations but overcomes their shortcomings.

Research limitations/implications

As the project is based on analysing texts that have been easy to access, there have not been significant research limitations.

Practical implications

The two theories of freedom assessed here (the contemporary republican and the “new liberal”) entail some subtle, but potentially significant differences in public policy implications. While both can justify extended state action, the latter could tailor specific policies in a manner more mindful of the well-being of all parties, even those on the wrong side of social justice.

Originality/value

The paper makes an original contribution in three areas: contemporary republican theory of liberty, Hobhouse's theory of liberty and conceptualisations of liberty in general.

Details

International Journal of Social Economics, vol. 40 no. 12
Type: Research Article
ISSN: 0306-8293

Keywords

Article
Publication date: 1 January 2006

Elia Marzal

The object of this research is the reconstruction of the existing legal response by European Union states to the phenomenon of immigration. It seeks to analyse the process of…

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Abstract

Purpose

The object of this research is the reconstruction of the existing legal response by European Union states to the phenomenon of immigration. It seeks to analyse the process of conferral of protection.

Design/methodology/approach

One main dimension is selected and discussed: the case law of the national courts. The study focuses on the legal status of immigrants resulting from the intervention of these national courts.

Findings

The research shows that although the courts have conferred an increasing protection on immigrants, this has not challenged the fundamental principle of the sovereignty of the states to decide, according to their discretionary prerogatives, which immigrants are allowed to enter and stay in their territories. Notwithstanding the differences in the general constitutional and legal structures, the research also shows that the courts of the three countries considered – France, Germany and Spain – have progressively moved towards converging solutions in protecting immigrants.

Originality/value

The research contributes to a better understanding of the different legal orders analysed.

Details

Managerial Law, vol. 48 no. 1/2
Type: Research Article
ISSN: 0309-0558

Keywords

Article
Publication date: 3 January 2017

Edmund Marcus Horowicz

The purpose of this paper is to specifically analyse whether parents should have the legal authority to authorise a deprivation of liberty for children with a learning disability…

Abstract

Purpose

The purpose of this paper is to specifically analyse whether parents should have the legal authority to authorise a deprivation of liberty for children with a learning disability. As a result of parental consent being recognised as holding legal authority, these children have their right to liberty under Article 5 engaged. It will be argued that the courts’ failure to support this view stems from the confusing concept of the “zone of parental control”.

Design/methodology/approach

A doctrinal methodology is used, examining domestic law and the European Convention on Human Rights (ECHR), with analysis of relevant literature.

Findings

Decisions regarding deprivation of liberty in children under the age of 16 should undoubtedly include parental consent. The concern expressed here is the sovereignty of parental consent over all else. The law is confusing. In one respect rights under the ECHR are universal. However, both UK and European courts have accepted the premise that it is entirely within the zone of parental control to effectively deprive a child of liberty without procedural or judicial review. Furthermore, there are wider potential issues for children being considered to be deprived of liberty following Cheshire West.

Originality/value

The paper is a discussion piece that is critical of the existing law and uses the literature and original opinions to recommend an alternative approach.

Details

Tizard Learning Disability Review, vol. 22 no. 1
Type: Research Article
ISSN: 1359-5474

Keywords

Article
Publication date: 12 April 2011

Jeffrey A. Edwards and Jennis J. Biser

The purpose of this paper is to investigate the level of influence that civil liberties has on the marginal effect of remittances on gross domestic investment and consumption…

Abstract

Purpose

The purpose of this paper is to investigate the level of influence that civil liberties has on the marginal effect of remittances on gross domestic investment and consumption separately and measures it across all levels of civil liberties.

Design/methodology/approach

The authors employ a two‐stage system generalized method of moments procedure and the civil liberties subset of the Freedom in the World Index as a proxy for civil liberty.

Findings

The findings indicate a substitution effect from investment to consumption as civil liberties deteriorate for developing south economies, though not for emerging economies. In addition, the marginal effect of remittances on investment diminishes less quickly as economies become less free than it increases for consumption indicating that the substitution is not quite one‐for‐one.

Practical implications

Economies with low levels of civil liberties could benefit by improving them in ways that would encourage recipients to channel remittances into investment rather than consumption.

Originality/value

This paper differs from previous research in that the authors evaluate investment and consumption separately rather than embedding these component parts within growth. In addition, when interactions are employed in existing literature, the inference drawn is static with regard to the varying degrees of institutional development. Third, none of the prior studies directly explores civil liberties proper; they usually aggregate civil liberties with other aspects of political or economic freedom.

Details

International Journal of Development Issues, vol. 10 no. 1
Type: Research Article
ISSN: 1446-8956

Keywords

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