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Deaths After Police Contact: Constructing Accountability in the 21st Century (Critical Criminological Perspectives)
by David BakerThis book investigates death after police contact in England and Wales in the twenty-first century. It examines how regulatory bodies construct accountability in such cases. Cases of death after police contact have the potential to cause deep unease in society. They highlight the unique role of the police in being legitimately able to use force whilst at the same time being expected to preserve life. People who are from Black, or Minority Ethnic backgrounds, or have mental health issues, or are dependent on substances are disproportionately more likely to die in these cases, and this emphasises the sensitive nature of many of these deaths to society.Deaths after Police Contact examines police legitimacy and the legitimacy of police regulators in these cases. The book argues that accountability is produced by a relatively arbitrary system of regulation that investigates such deaths as individual cases, rather than attempting to learn lessons from annual trends and patterns that might prevent future deaths. It will be of great interest to scholars and upper-level students of policing and criminal justice.
Citizen Killings: Liberalism, State Policy and Moral Risk
by Deane-Peter BakerCitizen Killings: Liberalism, State Policy and Moral Risk offers a ground breaking systematic approach to formulating ethical public policy on all forms of 'citizen killings', which include killing in self-defence, abortion, infanticide, assisted suicide, euthanasia and killings carried out by private military contractors and so-called 'foreign fighters'. Where most approaches to these issues begin with the assumptions of some or other general approach to ethics, Deane-Peter Baker argues that life-or-death policy decisions of this kind should be driven first and foremost by a recognition of the key limitations that a commitment to political liberalism places on the state, particularly the requirement to respect citizens' right to life and the principle of liberal neutrality. Where these principles come into tension Baker shows that they can in some cases be defused by way of a reasonableness test, and in other cases addressed through the application of what he calls the 'risk of harm principle'. The book also explores the question of what measures citizens and other states might legitimately take in response to states that fail to implement morally appropriate policies regarding citizen killings.
Citizen Killings: Liberalism, State Policy and Moral Risk
by Deane-Peter BakerCitizen Killings: Liberalism, State Policy and Moral Risk offers a ground breaking systematic approach to formulating ethical public policy on all forms of 'citizen killings', which include killing in self-defence, abortion, infanticide, assisted suicide, euthanasia and killings carried out by private military contractors and so-called 'foreign fighters'. Where most approaches to these issues begin with the assumptions of some or other general approach to ethics, Deane-Peter Baker argues that life-or-death policy decisions of this kind should be driven first and foremost by a recognition of the key limitations that a commitment to political liberalism places on the state, particularly the requirement to respect citizens' right to life and the principle of liberal neutrality. Where these principles come into tension Baker shows that they can in some cases be defused by way of a reasonableness test, and in other cases addressed through the application of what he calls the 'risk of harm principle'. The book also explores the question of what measures citizens and other states might legitimately take in response to states that fail to implement morally appropriate policies regarding citizen killings.
Morality and Ethics at War: Bridging the Gaps Between the Soldier and the State
by Deane-Peter BakerIn Morality and Ethics of War, which includes a foreword by Major General Susan Coyle, ethicist Deane-Peter Baker goes beyond existing treatments of military ethics to address a fundamental problem: the yawning gap between the diverse moral frameworks defining personal identity on the one hand, and the professional military ethic on the other. Baker argues that overcoming this chasm is essential to minimising the ethical risks that can lead to operational and strategic failure for military forces engaged in today's complex conflict environment. He contends that spanning the gap is vital in preventing moral injury from befalling the nation's uniformed servants. Drawing on a revised account of what he calls 'the Just War Continuum', Baker develops a bridging framework that combines conceptual clarity and rigour with insights from cutting edge psychological research and creates a practical means for military leaders to negotiate the moral chasm in military affairs.
Morality and Ethics at War: Bridging the Gaps Between the Soldier and the State
by Deane-Peter BakerIn Morality and Ethics of War, which includes a foreword by Major General Susan Coyle, ethicist Deane-Peter Baker goes beyond existing treatments of military ethics to address a fundamental problem: the yawning gap between the diverse moral frameworks defining personal identity on the one hand, and the professional military ethic on the other. Baker argues that overcoming this chasm is essential to minimising the ethical risks that can lead to operational and strategic failure for military forces engaged in today's complex conflict environment. He contends that spanning the gap is vital in preventing moral injury from befalling the nation's uniformed servants. Drawing on a revised account of what he calls 'the Just War Continuum', Baker develops a bridging framework that combines conceptual clarity and rigour with insights from cutting edge psychological research and creates a practical means for military leaders to negotiate the moral chasm in military affairs.
Ethics at War: How Should Military Personnel Make Ethical Decisions? (War, Conflict and Ethics)
by Deane-Peter Baker Rufus Edward Black Roger Gordon Herbert Iain Benjamin KingThis book debates competing approaches to ethical decision-making for members of the armed forces of liberal democratic states. In this volume, four prominent thinkers propose and debate competing approaches to ethical decision-making for military personnel. Deane-Peter Baker presents and expounds the ‘Ethical Triangulation’ model, an ethical decision-making method he has employed through much of his career as an applied military ethicist. Rufus Black advocates for a natural law-based approach, one which has heavily influenced the framework formally adopted by the Australian Defence Force. Roger Herbert outlines the ‘Moral Deliberation Roadmap’, the moral reasoning framework recently adopted by the US Naval Academy. Iain King then sets out a model of quasi-utilitarian decision-making developed in several post-conflict settings and refined at the UK’s Royal College of Defence Studies. After the opening chapters in which each author outlines their favoured decision-making approach, the four contributors then evaluate each other’s proposals, often critically. Philosopher David Whetham offers some concluding thoughts in which he summarizes areas of agreement between the authors, identifies key areas of difference, and suggests directions for future research. This book will be of great interest to students of military ethics, the ethics of war, moral philosophy, and International Relations, as well as military professionals.
Ethics at War: How Should Military Personnel Make Ethical Decisions? (War, Conflict and Ethics)
by Deane-Peter Baker Rufus Edward Black Roger Gordon Herbert Iain Benjamin KingThis book debates competing approaches to ethical decision-making for members of the armed forces of liberal democratic states. In this volume, four prominent thinkers propose and debate competing approaches to ethical decision-making for military personnel. Deane-Peter Baker presents and expounds the ‘Ethical Triangulation’ model, an ethical decision-making method he has employed through much of his career as an applied military ethicist. Rufus Black advocates for a natural law-based approach, one which has heavily influenced the framework formally adopted by the Australian Defence Force. Roger Herbert outlines the ‘Moral Deliberation Roadmap’, the moral reasoning framework recently adopted by the US Naval Academy. Iain King then sets out a model of quasi-utilitarian decision-making developed in several post-conflict settings and refined at the UK’s Royal College of Defence Studies. After the opening chapters in which each author outlines their favoured decision-making approach, the four contributors then evaluate each other’s proposals, often critically. Philosopher David Whetham offers some concluding thoughts in which he summarizes areas of agreement between the authors, identifies key areas of difference, and suggests directions for future research. This book will be of great interest to students of military ethics, the ethics of war, moral philosophy, and International Relations, as well as military professionals.
Reinterpreting Criminal Complicity and Inchoate Participation Offences
by Dennis J. BakerIn Reinterpreting Criminal Complicity and Inchoate Participation Offences, Dennis J. Baker argues that the mental element in complicity is one of intention, that recklessness alone is not sufficient. This is demonstrated by showing that the ancient and modern authorities on complicity required intention. The book argues the ‘causal participation’ element in complicity means that the conduct element can only be established when there is intentional encouragement on the part of the accessory. As the Accessories and Abettors Act 1861, like most of the statutory provisions found in the United States, deems that both perpetrator and accessory are perpetrators for the purpose of punishment and crime labelling, limiting the mental element in complicity to intentional participation is, the author argues, the only way to reconcile these provisions with the requirements of proportionate punishment and fair labelling. As some forms of reckless encouragement and assistance will not be criminalised if the mental element in complicity is intention only, the author suggests that the solution is to amend section 45 of the Serious Crime Act 2007 to criminalise reckless participation. In addition, the author argues that standard complicity and joint enterprise complicity have the same mental and conduct elements and thus joint enterprise complicity is not a distinct form of complicity.
Reinterpreting Criminal Complicity and Inchoate Participation Offences
by Dennis J. BakerIn Reinterpreting Criminal Complicity and Inchoate Participation Offences, Dennis J. Baker argues that the mental element in complicity is one of intention, that recklessness alone is not sufficient. This is demonstrated by showing that the ancient and modern authorities on complicity required intention. The book argues the ‘causal participation’ element in complicity means that the conduct element can only be established when there is intentional encouragement on the part of the accessory. As the Accessories and Abettors Act 1861, like most of the statutory provisions found in the United States, deems that both perpetrator and accessory are perpetrators for the purpose of punishment and crime labelling, limiting the mental element in complicity to intentional participation is, the author argues, the only way to reconcile these provisions with the requirements of proportionate punishment and fair labelling. As some forms of reckless encouragement and assistance will not be criminalised if the mental element in complicity is intention only, the author suggests that the solution is to amend section 45 of the Serious Crime Act 2007 to criminalise reckless participation. In addition, the author argues that standard complicity and joint enterprise complicity have the same mental and conduct elements and thus joint enterprise complicity is not a distinct form of complicity.
The Right Not to be Criminalized: Demarcating Criminal Law's Authority (Applied Legal Philosophy)
by Dennis J. BakerThis book presents arguments and proposals for constraining criminalization, with a focus on the legal limits of the criminal law. The book approaches the issue by showing how the moral criteria for constraining unjust criminalization can and has been incorporated into constitutional human rights and thus provides a legal right not to be unfairly criminalized. The book sets out the constitutional limits of the substantive criminal law. As far as specific constitutional rights operate to protect specific freedoms, for example, free speech, freedom of religion, privacy, etc, the right not to be criminalized has proved to be a rather powerful justice constraint in the U.S. Yet the general right not to be criminalized has not been fully embraced in either the U.S. or Europe, although it does exist. This volume lays out the legal foundations of that right and the criteria for determining when the state might override it. The book will be of interest to researchers in the areas of legal philosophy, criminal law, constitutional law, and criminology.
The Right Not to be Criminalized: Demarcating Criminal Law's Authority (Applied Legal Philosophy)
by Dennis J. BakerThis book presents arguments and proposals for constraining criminalization, with a focus on the legal limits of the criminal law. The book approaches the issue by showing how the moral criteria for constraining unjust criminalization can and has been incorporated into constitutional human rights and thus provides a legal right not to be unfairly criminalized. The book sets out the constitutional limits of the substantive criminal law. As far as specific constitutional rights operate to protect specific freedoms, for example, free speech, freedom of religion, privacy, etc, the right not to be criminalized has proved to be a rather powerful justice constraint in the U.S. Yet the general right not to be criminalized has not been fully embraced in either the U.S. or Europe, although it does exist. This volume lays out the legal foundations of that right and the criteria for determining when the state might override it. The book will be of interest to researchers in the areas of legal philosophy, criminal law, constitutional law, and criminology.
Human Rights and Humanity’s Rights During Year Three of the French Revolution
by Eduardo BakerThis book explores the constitutional debates of the Year 3 of the French Revolution (also known as Year 1 of the French Republic) and the drafts for the Declaration and the Constitution of 1793. It presents the revolutionaries’ distinct view on human rights and the rights of the peoples, as well as their philosophical underpinnings. After discussing how contemporary legal history and theory, and political philosophy approached the revolutionary period, the book tackles the main topics covered during the debates and proposals. Starting with the issue of external relations and the sovereignty of the people and ending with natural rights and Republicanism, this book shows how apparently technical questions (such as what procedure should be implemented to declare a war) are intertwined with philosophical reflections on rights and with problems that were urgent at the time.
FIDIC Contracts: Law and Practice (Construction Practice Series)
by Ellis Baker Ben Mellors Scott Chalmers Anthony LaversFIDIC Contracts: Law and Practice is sure to become the leading industry standard guide to using the FIDIC forms, and is the only book to date which deals with the whole suites of contracts, including the new gold book for Design, Build and Operate projects. The White & Case work is outstanding in its detailed consideration and treatment of the legal aspects of the interpretation and application of the Conditions, touching on many points that most people would not have encountered. Humphrey LLoyd, International Construction Law Review [2010] ICLR 386
FIDIC Contracts: Law and Practice (Construction Practice Series)
by Ellis Baker Ben Mellors Scott Chalmers Anthony LaversFIDIC Contracts: Law and Practice is sure to become the leading industry standard guide to using the FIDIC forms, and is the only book to date which deals with the whole suites of contracts, including the new gold book for Design, Build and Operate projects. The White & Case work is outstanding in its detailed consideration and treatment of the legal aspects of the interpretation and application of the Conditions, touching on many points that most people would not have encountered. Humphrey LLoyd, International Construction Law Review [2010] ICLR 386
Environmental Law for Sustainable Construction: A guide for construction, engineering and architecture professionals
by Francine Baker Jennifer CharlsonEnvironmental Law for Sustainable Construction gives a practical overview of key areas of environmental law as it affects the construction sector. Clearly structured for ease of reference, the book provides coverage of core areas in a format that will help professionals and organisations to manage compliance issues relating to environmental law. It will also support the improvement of environmental protection and sustainable development. Coverage in the book includes: key areas of environmental regulation, including environmental impact and habitat assessments, climate change law, contaminated and brownfield land, waste management and water pollution an overview of the UK planning process, and environmental regulators and their powers environmental requirements on construction sites, and environment-related insurance matters proactive project checklists to facilitate compliance. Environmental Law for Sustainable Construction is suitable for a broad range of practitioners in the architecture, engineering and construction (AEC) industry who require a clear introduction and reference to help navigate the complexity in this area of law.
Hospitality and World Politics (Palgrave Studies in International Relations)
by Gideon BakerA long neglected concept in the field of international relations and political theory, hospitality provides a new framework for analysing many of the challenges in world politics today, from the search for peaceable relations between states to asylum and refugee crises.
Nihilism and Philosophy: Nothingness, Truth and World (Bloomsbury Studies in Continental Philosophy)
by Gideon BakerThe question of nihilism is always a question of truth.It is a crisis of truth that causes the experience of the nothingness of existence. What elevated truth to this existential position? The answer is: philosophy. The philosophical will to truth opens the door to nihilism, since it both makes identifying truth the utmost aim and yet continually calls it into question. Baker develops the central insight that the crises of truth and of existence, or 'loss of world', that occur within nihilistic thought are inseparable, in a wide-ranging study from antiquity to the present, from ancient Cynics, St Paul, Nietzsche, Heidegger, Foucault, Agamben, and Badiou.Baker contends that since nihilism is always a question of the relation to the world occasioned by the philosophical will to truth, an answer to nihilism must be able to propose a new understanding of truth.
Nihilism and Philosophy: Nothingness, Truth and World (Bloomsbury Studies in Continental Philosophy)
by Gideon BakerThe question of nihilism is always a question of truth.It is a crisis of truth that causes the experience of the nothingness of existence. What elevated truth to this existential position? The answer is: philosophy. The philosophical will to truth opens the door to nihilism, since it both makes identifying truth the utmost aim and yet continually calls it into question. Baker develops the central insight that the crises of truth and of existence, or 'loss of world', that occur within nihilistic thought are inseparable, in a wide-ranging study from antiquity to the present, from ancient Cynics, St Paul, Nietzsche, Heidegger, Foucault, Agamben, and Badiou.Baker contends that since nihilism is always a question of the relation to the world occasioned by the philosophical will to truth, an answer to nihilism must be able to propose a new understanding of truth.
Corporate Fraud Exposed: A Comprehensive and Holistic Approach
by H. Kent Baker Samir Saadi Lynnette PurdaAfter each major corporate scandal, new suggestions for combatting fraud emerge from regulators and industry professionals. Despite changes to guidelines for firms’ corporate governance, augmented protection for whistle blowers, and enhanced cybersecurity measures, evidence documents an alarming increase in the prevalence and severity of corporate fraud. The rapidly changing laws aimed at curbing corporate fraud sometimes lag behind the changing sophistication of fraud schemes. Corporate Fraud Exposed discusses the motivations and drivers of fraud including agency theory, executive compensation, and organizational culture. It examines fraud’s consequences for various firm stakeholders and its spillover effects to other corporations, the political environment, and financial market participants, including those who participate via crowdfunding platforms. This book provides a fresh look at this intriguing but often complex subject. It skillfully blends the contributions of a global array of scholars and practitioners into a single review of some of the most important topics in this area. Given its broad scope, this practical and comprehensive title should be of interest to anyone curious about corporate fraud.
Introduction to English Legal History
by John BakerFully revised and updated, this classic text provides the authoritative introduction to the history of the English common law. The book traces the development of the principal features of English legal institutions and doctrines from Anglo-Saxon times to the present and, combined with Baker and Milsom's Sources of Legal History, offers invaluable insights into the development of the common law of persons, obligations, and property, and also of criminal and public law. It is an essential reference point for all lawyers, historians and students seeking to understand the evolution of English law over a millennium. The book provides an introduction to the main characteristics, institutions, and doctrines of English law over the longer term - particularly the evolution of the common law before the extensive statutory changes and regulatory regimes of the last two centuries. It explores how legal change was brought about in the common law and how judges and lawyers managed to square evolution with respect for inherited wisdom.
Introduction to English Legal History
by John BakerFully revised and updated, this classic text provides the authoritative introduction to the history of the English common law. The book traces the development of the principal features of English legal institutions and doctrines from Anglo-Saxon times to the present and, combined with Baker and Milsom's Sources of Legal History, offers invaluable insights into the development of the common law of persons, obligations, and property, and also of criminal and public law. It is an essential reference point for all lawyers, historians and students seeking to understand the evolution of English law over a millennium. The book provides an introduction to the main characteristics, institutions, and doctrines of English law over the longer term - particularly the evolution of the common law before the extensive statutory changes and regulatory regimes of the last two centuries. It explores how legal change was brought about in the common law and how judges and lawyers managed to square evolution with respect for inherited wisdom.
Sources of English Legal History: Public Law to 1750
by John BakerSources of English Legal History: Public Law to 1750 is the definitive source book on the foundations of English public law. A companion to Baker and Milsom's Sources of English Legal History: Private Law to 1750 2e (OUP, 2010), this new volume offers an extensive collection of illustrative original materials, many of which are previously unpublished. It contains significant new material on the history of habeas corpus, mandamus, and certiorari, as well as well-known constitutional landmarks from the earliest times to 1750. Writing on the history of public law has tended to focus solely on the texts of statutes and formal records. In contrast, the present book concentrates on the forensic arguments and judicial decisions that led to the emergence of legal principles in the field of public law, including criminal law and the regulation of jurisdictions. It illuminates the growth of public law during the medieval and early modern periods, addressing the state's legislative and judicial organs, its coercive functions, and more broadly, the respective powers of the crown and parliament. The first work of its kind, this book is an essential resource for anyone interested in legal and constitutional history.
Sources of English Legal History: Public Law to 1750
by John BakerSources of English Legal History: Public Law to 1750 is the definitive source book on the foundations of English public law. A companion to Baker and Milsom's Sources of English Legal History: Private Law to 1750 2e (OUP, 2010), this new volume offers an extensive collection of illustrative original materials, many of which are previously unpublished. It contains significant new material on the history of habeas corpus, mandamus, and certiorari, as well as well-known constitutional landmarks from the earliest times to 1750. Writing on the history of public law has tended to focus solely on the texts of statutes and formal records. In contrast, the present book concentrates on the forensic arguments and judicial decisions that led to the emergence of legal principles in the field of public law, including criminal law and the regulation of jurisdictions. It illuminates the growth of public law during the medieval and early modern periods, addressing the state's legislative and judicial organs, its coercive functions, and more broadly, the respective powers of the crown and parliament. The first work of its kind, this book is an essential resource for anyone interested in legal and constitutional history.
The Antitrust Paradigm: Restoring a Competitive Economy
by Jonathan B. BakerAt a time when tech giants have amassed vast market power, Jonathan Baker shows how laws and regulations can be updated to ensure more competition. The sooner courts and antitrust enforcement agencies stop listening to the Chicago school and start paying attention to modern economics, the sooner Americans will reap the benefits of competition.
The Water Environment of Cities
by Lawrence A. BakerThe concept for the Water Environment of Cities arose from a workshop “Green 1 Cities, Blue Waters” workshop held in 2006. The workshop assembled experts from engineering, planning, economics, law, hydrology, aquatic ecology, geom- phology, and other disciplines to present research ?ndings and identify key new ideas on the urban water environment. At a lunch discussion near the end of the workshop, several of us came to the recognition that despite having considerable expertise in a narrow discipline, none of us had a vision of the “urban water en- ronment” as a whole. We were, as in the parable, blind men at opposite ends of the elephant, knowinga great deal about the parts, but notunderstandingthe whole. We quickly recognized the need to develop a book that would integrate this knowledge to create this vision. The goal was to develop a book that could be used to teach a complete, multidisciplinary course, “The Urban Water Environment”, but could also be used as a supplemental text for courses on urban ecosystems, urban design, landscapearchitecture,water policy,waterqualitymanagement andwatershed m- agement. The book is also valuable as a reference source for water professionals stepping outside their arena of disciplinary expertise. The Water Environment of Cities is the ?rst book to use a holistic, interdis- plinary approach to examine the urban water environment. We have attempted to portrayaholisticvisionbuiltaround theconcept of water as a coreelement ofcities. Water has multipleroles:municipalwatersupply,aquatichabitat,landscapeaesth- ics, and recreation. Increasingly, urban water is reused, serving multiple purposes.