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The Oxford Handbook of Dietrich Bonhoeffer (Oxford Handbooks)
This volume provides a comprehensive resource for those wishing to understand the German theologian, pastor, and resistance conspirator Dietrich Bonhoeffer (1906-1945) and his writings. During his lifetime he made important contributions to many of the major areas of theology: ecclesiology, creation, Christology, discipleship, and ethics. The Oxford Handbook of Dietrich Bonhoeffer surveys, assesses, and presents the field of research and debates of Bonhoeffer and his legacy, as well as of previous Bonhoeffer scholarship. Featuring contributions from leading Bonhoeffer scholars, historians, theologians, and ethicists, many essays draw attention to Bonhoeffer's positive contributions, while several essays also identify limits and problems with his thinking as it stands. Divided into five parts, the first section provides a detailed outline of Bonhoeffer's biography and the contexts that gave rise to his theology. The contributors explore the dynamic relationship between Bonhoeffer's life and theology. Section two provides rigorous engagements with and assessments of Bonhoeffer's theology on its own terms. Part three demonstrates how Bonhoeffer's ethical claims and engagements are deeply integrated with theological commitments. The fourth section showcases some of the best work drawing upon Bonhoeffer for engaging contemporary challenges, including feminism, race, public theology in South Africa, and contemporary philosophy. In recent decades, Bonhoeffer's theology has provoked significant critical reflection on social and cultural issues. The essays in this section exemplify how his writings can continue to contribute to such reflection today. The fifth and final section consists of essays on resources for the contemporary study of Bonhoeffer and his theology, including sources and texts, biographies and portraits, and readings and receptions. These essays also address pressing historiographical issues and problems surrounding writing about Bonhoeffer's life and theology. This authoritative collection draws together and assesses the very best of existing research on Bonhoeffer and promotes new avenues for research on Bonhoeffer.
The Oxford Handbook of Dietrich Bonhoeffer (Oxford Handbooks)
by Philip G. Ziegler Michael MawsonThis volume provides a comprehensive resource for those wishing to understand the German theologian, pastor, and resistance conspirator Dietrich Bonhoeffer (1906-1945) and his writings. During his lifetime he made important contributions to many of the major areas of theology: ecclesiology, creation, Christology, discipleship, and ethics. The Oxford Handbook of Dietrich Bonhoeffer surveys, assesses, and presents the field of research and debates of Bonhoeffer and his legacy, as well as of previous Bonhoeffer scholarship. Featuring contributions from leading Bonhoeffer scholars, historians, theologians, and ethicists, many essays draw attention to Bonhoeffer's positive contributions, while several essays also identify limits and problems with his thinking as it stands. Divided into five parts, the first section provides a detailed outline of Bonhoeffer's biography and the contexts that gave rise to his theology. The contributors explore the dynamic relationship between Bonhoeffer's life and theology. Section two provides rigorous engagements with and assessments of Bonhoeffer's theology on its own terms. Part three demonstrates how Bonhoeffer's ethical claims and engagements are deeply integrated with theological commitments. The fourth section showcases some of the best work drawing upon Bonhoeffer for engaging contemporary challenges, including feminism, race, public theology in South Africa, and contemporary philosophy. In recent decades, Bonhoeffer's theology has provoked significant critical reflection on social and cultural issues. The essays in this section exemplify how his writings can continue to contribute to such reflection today. The fifth and final section consists of essays on resources for the contemporary study of Bonhoeffer and his theology, including sources and texts, biographies and portraits, and readings and receptions. These essays also address pressing historiographical issues and problems surrounding writing about Bonhoeffer's life and theology. This authoritative collection draws together and assesses the very best of existing research on Bonhoeffer and promotes new avenues for research on Bonhoeffer.
Democracy's Guardians: A History of the German Federal Constitutional Court, 1951-2001
by Justin CollingsIn its six-decade history, the German Federal Constitutional Court has become one of the most powerful and influential constitutional tribunals in the world. It has played a central role in the establishment of liberalism, democracy, and the rule of law in post-war West Germany, and it has been a model for constitutional tribunals in many other nations. The Court stands virtually unchallenged as the most trusted institution of the German state. Written as a complete history of the German Federal Constitutional Court from its founding in 1951 up into the twenty-first century, this book explores how the court became so powerful, and why so few can resist its strength. Founded in 1951, the Court took root in a pre-democratic political culture. The Court's earliest contributions were to help establish liberal values and fundamental rights protection in the young Federal Republic. The early Court also helped democratize West German politics by reinforcing rights of speech and information, affirming the legitimacy of parliamentary opposition, and checking executive power. In time, as democratic values took hold in the country at large, the Court's early role in nurturing liberalism and democracy led many West Germans to view the Court not as a constraint on democracy, but as a bulwark of democracy's preconditions. In later decades, the Court played a stabilizing role - mediating political conflicts and integrating societal forces. Citizens disenchanted with partisan politics looked to the Court as a guardian of enduring values and a source of moral legitimacy. Through a comprehensive narrative of the Court's remarkable rise and careful analysis of its periodic crises, the work carefully dissects the success of the Court, presenting not only a traditional work of legal history, but a public history - both political and societal - as well as a doctrinal and jurisprudential account. Structured around the Court's major decisions from 1951 to 2001, the book examines popular and political reactions to those decisions, drawing heavily on newspaper accounts of major judgments and material from the archives of individual politicians and judges. The result is an impressive case study of the global phenomenon of constitutional justice.
Democracy's Guardians: A History of the German Federal Constitutional Court, 1951-2001
by Justin CollingsIn its six-decade history, the German Federal Constitutional Court has become one of the most powerful and influential constitutional tribunals in the world. It has played a central role in the establishment of liberalism, democracy, and the rule of law in post-war West Germany, and it has been a model for constitutional tribunals in many other nations. The Court stands virtually unchallenged as the most trusted institution of the German state. Written as a complete history of the German Federal Constitutional Court from its founding in 1951 up into the twenty-first century, this book explores how the court became so powerful, and why so few can resist its strength. Founded in 1951, the Court took root in a pre-democratic political culture. The Court's earliest contributions were to help establish liberal values and fundamental rights protection in the young Federal Republic. The early Court also helped democratize West German politics by reinforcing rights of speech and information, affirming the legitimacy of parliamentary opposition, and checking executive power. In time, as democratic values took hold in the country at large, the Court's early role in nurturing liberalism and democracy led many West Germans to view the Court not as a constraint on democracy, but as a bulwark of democracy's preconditions. In later decades, the Court played a stabilizing role - mediating political conflicts and integrating societal forces. Citizens disenchanted with partisan politics looked to the Court as a guardian of enduring values and a source of moral legitimacy. Through a comprehensive narrative of the Court's remarkable rise and careful analysis of its periodic crises, the work carefully dissects the success of the Court, presenting not only a traditional work of legal history, but a public history - both political and societal - as well as a doctrinal and jurisprudential account. Structured around the Court's major decisions from 1951 to 2001, the book examines popular and political reactions to those decisions, drawing heavily on newspaper accounts of major judgments and material from the archives of individual politicians and judges. The result is an impressive case study of the global phenomenon of constitutional justice.
An Ever More Powerful Court?: The Political Constraints of Legal Integration in the European Union (Oxford Studies in European Law)
by Dorte Sindbjerg MartinsenThe Court of Justice of the European Union (CJEU) has become famed - and often shamed - for its political power. In scholarly literature, this supranational court has been regarded as a 'master of integration' for its capacity to strengthen integration, sometimes against the will of member states. In the public debate, the CJEU has been severely criticized for extending EU competences at the expense of the member states. In An Ever More Powerful Court? The Political Constraints of Legal Integration in the European Union, Dorte Sindbjerg Martinsen challenges these views with her careful examination of how judicial-legislative interactions determine the scope and limits of European integration in the daily EU decision-making process. Methodologically, the book takes a step forward in the examination of judicial influence, suggesting a 'law attainment' approach as a novel method, combined with a large set of interviews with the current decision-makers of social Europe. Through a study of social policy developments from 1957 to 2014, as well as a critical analysis of three case studies - EU regulation of working time; patients' rights in cross-border healthcare; and EU posting of worker regulations - Martinsen reveals the dynamics behind legal and political integration and the CJEU's ability to foster political change for a European Union social policy.
An Ever More Powerful Court?: The Political Constraints of Legal Integration in the European Union (Oxford Studies in European Law)
by Dorte Sindbjerg MartinsenThe Court of Justice of the European Union (CJEU) has become famed - and often shamed - for its political power. In scholarly literature, this supranational court has been regarded as a 'master of integration' for its capacity to strengthen integration, sometimes against the will of member states. In the public debate, the CJEU has been severely criticized for extending EU competences at the expense of the member states. In An Ever More Powerful Court? The Political Constraints of Legal Integration in the European Union, Dorte Sindbjerg Martinsen challenges these views with her careful examination of how judicial-legislative interactions determine the scope and limits of European integration in the daily EU decision-making process. Methodologically, the book takes a step forward in the examination of judicial influence, suggesting a 'law attainment' approach as a novel method, combined with a large set of interviews with the current decision-makers of social Europe. Through a study of social policy developments from 1957 to 2014, as well as a critical analysis of three case studies - EU regulation of working time; patients' rights in cross-border healthcare; and EU posting of worker regulations - Martinsen reveals the dynamics behind legal and political integration and the CJEU's ability to foster political change for a European Union social policy.
Civil Jurisdiction and Judgments in Europe: The Brussels I Regulation, the Lugano Convention, and the Hague Choice of Court Convention
by Trevor C HartleyThis book offers comprehensive coverage and analysis of the relationship between the three instruments governing civil jurisdiction and judgments in Europe; the Brussels Regulation, the Lugano Convention, and the Hague Choice of Court Convention. Providing a practical explanation of how the instruments operate, focusing on real-life litigation problems, and including extensive reference to the case-law of the CJEU; this book is ideal for practitioners. The work is specifically designed for ease of navigation and is split into four parts. Part I offers an introduction to the features and scope of each of the instruments. Part II goes on to examine the issue of jurisdiction whilst Part III tackles recognition and enforcement. Finally, Part IV addresses procedural and systematic problems. A detailed table of contents and extensive cross-referencing throughout make it simple to home in on the relevant sections.
Civil Jurisdiction and Judgments in Europe: The Brussels I Regulation, the Lugano Convention, and the Hague Choice of Court Convention
by Trevor C HartleyThis book offers comprehensive coverage and analysis of the relationship between the three instruments governing civil jurisdiction and judgments in Europe; the Brussels Regulation, the Lugano Convention, and the Hague Choice of Court Convention. Providing a practical explanation of how the instruments operate, focusing on real-life litigation problems, and including extensive reference to the case-law of the CJEU; this book is ideal for practitioners. The work is specifically designed for ease of navigation and is split into four parts. Part I offers an introduction to the features and scope of each of the instruments. Part II goes on to examine the issue of jurisdiction whilst Part III tackles recognition and enforcement. Finally, Part IV addresses procedural and systematic problems. A detailed table of contents and extensive cross-referencing throughout make it simple to home in on the relevant sections.
A Guide to the ICDR International Arbitration Rules
by Martin F. Gusy James M. HoskingThe International Centre for Dispute Resolution (ICDR) is the international division of the American Arbitration Association (AAA). Given that in excess of 600 arbitrations are now administered every year under the ICDR Rules, this book answers the need for a comprehensive comparative guide devoted to them. This article-by-article commentary on the International Centre for Dispute Resolution (ICDR) Rules is a comprehensive reference work for practitioners and arbitrators considering ICDR arbitration. The second edition is fully revised and updated throughout to reflect all changes and updates to the Rules since the first edition published. The ICDR International Arbitration Rules are structured in accordance with the typical life-cycle of an international arbitration and the book follows this thematic structure, providing ample cross-referencing to assist the reader in understanding the relationship between the various rules and genuine issues likely to be encountered during an arbitration. The commentary embraces each of the Articles in their entirety, as well as the Expedited Procedure Articles, and includes discussion of how each provision compares to analogous rules of other major arbitral institutions. The authors draw on case law gathered from foreign jurisdictions as well as the rich vein of case law in the US (applying the ICDR Rules and, where appropriate, analogous provisions of various AAA domestic rules), combining these with their own extensive experience to provide a uniquely authoritative text. The work's comparative perspective emphasizes key issues to consider when drafting an arbitral clause or strategizing over the conduct of an arbitration. The second edition of A Guide to the ICDR International Arbitration Rules features multiple appendices and difficult-to-find resources to form a collection of core materials which include the ICDR Rules, the administrative fee schedule, guidelines for exchanges of information, practice notes, and key AAA cooperation agreements with other institutions.
A Guide to the ICDR International Arbitration Rules
by Martin F. Gusy James M. HoskingThe International Centre for Dispute Resolution (ICDR) is the international division of the American Arbitration Association (AAA). Given that in excess of 600 arbitrations are now administered every year under the ICDR Rules, this book answers the need for a comprehensive comparative guide devoted to them. This article-by-article commentary on the International Centre for Dispute Resolution (ICDR) Rules is a comprehensive reference work for practitioners and arbitrators considering ICDR arbitration. The second edition is fully revised and updated throughout to reflect all changes and updates to the Rules since the first edition published. The ICDR International Arbitration Rules are structured in accordance with the typical life-cycle of an international arbitration and the book follows this thematic structure, providing ample cross-referencing to assist the reader in understanding the relationship between the various rules and genuine issues likely to be encountered during an arbitration. The commentary embraces each of the Articles in their entirety, as well as the Expedited Procedure Articles, and includes discussion of how each provision compares to analogous rules of other major arbitral institutions. The authors draw on case law gathered from foreign jurisdictions as well as the rich vein of case law in the US (applying the ICDR Rules and, where appropriate, analogous provisions of various AAA domestic rules), combining these with their own extensive experience to provide a uniquely authoritative text. The work's comparative perspective emphasizes key issues to consider when drafting an arbitral clause or strategizing over the conduct of an arbitration. The second edition of A Guide to the ICDR International Arbitration Rules features multiple appendices and difficult-to-find resources to form a collection of core materials which include the ICDR Rules, the administrative fee schedule, guidelines for exchanges of information, practice notes, and key AAA cooperation agreements with other institutions.
International Commercial Arbitration in New York
New York is a leading venue for international commercial arbitration, home to the headquarters for the International Centre for Dispute Resolution, the international branch of the American Arbitration Association, and many leaders in the international arbitration field. New York also serves as the locus of several prominent arbitration firms' central offices. The second edition of International Commercial Arbitration in New York encompasses five years of developments in New York and other US international arbitration law since the first edition appeared. Every chapter has been updated, and the new edition includes an entirely new chapter on the legal and practical aspects of conducting an arbitration hearing in New York, covering such subjects as rights to appear as a representative of a party, subpoenas to compel attendance of witnesses, confidentiality of proceedings, and witness testimony and instructions. This collection boasts contributors of pre-eminent stature in the arbitration field. Each chapter elucidates a vital topic, including the existing New York legal landscape, drafting considerations for clauses designating New York as the place of arbitration, and material and advice on selecting arbitrators. The book also covers a series of topics at the intersection of the arbitral process and the New York courts, including jurisdiction, enforcing arbitration agreements, obtaining preliminary relief, and discovery. Class action arbitration, challenging and enforcing arbitral awards, and biographical materials on New York-based international arbitrators are also included, making this a comprehensive, valuable resource for practitioners. New York continues to be the leading venue for international commercial arbitration in the US, and this book is the only comprehensive treatment of its law and practices. The first edition was described as "a wonderful and important book . . . a must for all those seriously engaged in the practice or study of international arbitration in New York and in the United States" (Arbitration International) and "an excellent resource for practitioners anywhere in the world who are or may become involved in an international commercial arbitration seated in New York City" (Global Arbitration Review).
International Commercial Arbitration in New York
by James H. Carter and John FellasNew York is a leading venue for international commercial arbitration, home to the headquarters for the International Centre for Dispute Resolution, the international branch of the American Arbitration Association, and many leaders in the international arbitration field. New York also serves as the locus of several prominent arbitration firms' central offices. The second edition of International Commercial Arbitration in New York encompasses five years of developments in New York and other US international arbitration law since the first edition appeared. Every chapter has been updated, and the new edition includes an entirely new chapter on the legal and practical aspects of conducting an arbitration hearing in New York, covering such subjects as rights to appear as a representative of a party, subpoenas to compel attendance of witnesses, confidentiality of proceedings, and witness testimony and instructions. This collection boasts contributors of pre-eminent stature in the arbitration field. Each chapter elucidates a vital topic, including the existing New York legal landscape, drafting considerations for clauses designating New York as the place of arbitration, and material and advice on selecting arbitrators. The book also covers a series of topics at the intersection of the arbitral process and the New York courts, including jurisdiction, enforcing arbitration agreements, obtaining preliminary relief, and discovery. Class action arbitration, challenging and enforcing arbitral awards, and biographical materials on New York-based international arbitrators are also included, making this a comprehensive, valuable resource for practitioners. New York continues to be the leading venue for international commercial arbitration in the US, and this book is the only comprehensive treatment of its law and practices. The first edition was described as "a wonderful and important book . . . a must for all those seriously engaged in the practice or study of international arbitration in New York and in the United States" (Arbitration International) and "an excellent resource for practitioners anywhere in the world who are or may become involved in an international commercial arbitration seated in New York City" (Global Arbitration Review).
Evidence in International Investment Arbitration
by Frédéric G. Sourgens Kabir Duggal Ian A. LairdEvidence in International Investment Arbitration is a guide for practitioners representing a party in investment arbitration disputes, whilst also offering academics a perspective on the practical elements affecting the treatment of evidence in the area. The book is the first of its kind to systematically review the jurisprudence of investor-state tribunals on evidentiary matters and inductively establish the rules recognized in those decisions. It uses a comparative approach to demonstrate the points of commonality and uniformity in the transnational foundations of the law of evidence as it affects international investment arbitration, providing theoretical and practical guidance on the treatment of evidence at all stages of such disputes. The work establishes the rules of evidence as currently recognized by investor-state arbitral jurisprudence and examines these rules of evidence against those recognized in the traditional rules of international law, as well as against those codified by the IBA Rules on the Taking of Evidence in International Arbitration. It examines the theory and function of international investment law dispute resolution against which the role of evidence must be assessed; practical management of the evidence-gathering process in investment arbitration disputes; and what to anticipate as challenges in the gathering and pleading of evidence in these disputes. Chapters cover a broad range of evidence-based topics, including: burden and standard of proof, presumptions and inferences, witness and expert evidence, exclusionary rules including privileged and confidential documents, and annulment. Written by a small team of practitioners and academics who are expert in the field of international dispute resolution, this book is an essential comprehensive reference work for anyone working or studying in the field.
Evidence in International Investment Arbitration
by Frédéric G. Sourgens Kabir Duggal Ian A. LairdEvidence in International Investment Arbitration is a guide for practitioners representing a party in investment arbitration disputes, whilst also offering academics a perspective on the practical elements affecting the treatment of evidence in the area. The book is the first of its kind to systematically review the jurisprudence of investor-state tribunals on evidentiary matters and inductively establish the rules recognized in those decisions. It uses a comparative approach to demonstrate the points of commonality and uniformity in the transnational foundations of the law of evidence as it affects international investment arbitration, providing theoretical and practical guidance on the treatment of evidence at all stages of such disputes. The work establishes the rules of evidence as currently recognized by investor-state arbitral jurisprudence and examines these rules of evidence against those recognized in the traditional rules of international law, as well as against those codified by the IBA Rules on the Taking of Evidence in International Arbitration. It examines the theory and function of international investment law dispute resolution against which the role of evidence must be assessed; practical management of the evidence-gathering process in investment arbitration disputes; and what to anticipate as challenges in the gathering and pleading of evidence in these disputes. Chapters cover a broad range of evidence-based topics, including: burden and standard of proof, presumptions and inferences, witness and expert evidence, exclusionary rules including privileged and confidential documents, and annulment. Written by a small team of practitioners and academics who are expert in the field of international dispute resolution, this book is an essential comprehensive reference work for anyone working or studying in the field.
Blackstone's Crime Investigators' Handbook
by Tony Cook Mick Hill Steve HibbittBlackstone's Crime Investigators' Handbook provides you with straightforward, practical information and advice for anyone involved in investigating crime. Covering all the practical skills required for the Initial Crime Investigators Development Programme (ICIDP) Phases 2 and 3, as well as all PIP Level 2 investigations, it will also be useful to detectives and uniformed officers investigating volume crime, as well those involved in the initial stages of major investigations. Covering the different types of criminal investigation, with outlines of the legal procedures and operational protocols relating to specific offences, the second edition of the Handbook includes new content relating to Female Genital Mutilation (FGM) and Child Sexual Exploitation (CSE). There is also coverage of updated Disclosure obligations under the Criminal Procedure and Investigations Act 1996 amendments, and a new chapter covering cyber crime and communications data offences. Each stage of conducting and managing an investigation is explored, with specific guidance on crime scene management, evidence preservation, and witness and suspect management, helping you to build and develop your capabilities. The Handbook also outlines the role of partner agencies and includes specific chapters on forensic investigation and the investigation of sudden and unexpected deaths. Police doctrines and practical guidance manuals are extensively cross-referenced, while checklists, aide memoirs, and key point boxes help contextualise the complex and sometimes daunting procedures, methods, and responsibilities.
Blackstone's Crime Investigators' Handbook
by Tony Cook Mick Hill Steve HibbittBlackstone's Crime Investigators' Handbook provides you with straightforward, practical information and advice for anyone involved in investigating crime. Covering all the practical skills required for the Initial Crime Investigators Development Programme (ICIDP) Phases 2 and 3, as well as all PIP Level 2 investigations, it will also be useful to detectives and uniformed officers investigating volume crime, as well those involved in the initial stages of major investigations. Covering the different types of criminal investigation, with outlines of the legal procedures and operational protocols relating to specific offences, the second edition of the Handbook includes new content relating to Female Genital Mutilation (FGM) and Child Sexual Exploitation (CSE). There is also coverage of updated Disclosure obligations under the Criminal Procedure and Investigations Act 1996 amendments, and a new chapter covering cyber crime and communications data offences. Each stage of conducting and managing an investigation is explored, with specific guidance on crime scene management, evidence preservation, and witness and suspect management, helping you to build and develop your capabilities. The Handbook also outlines the role of partner agencies and includes specific chapters on forensic investigation and the investigation of sudden and unexpected deaths. Police doctrines and practical guidance manuals are extensively cross-referenced, while checklists, aide memoirs, and key point boxes help contextualise the complex and sometimes daunting procedures, methods, and responsibilities.
Environmental Integration in Competition and Free-Movement Laws (Oxford Studies in European Law)
by Julian NowagEnvironmental Integration in Competition and Free-Movement Laws engages in a comprehensive analysis of the obligation of Article 11 TFEU (integration of environmental protection requirements) in the three core areas of EU internal market law: competition, state aid, and free movement. It develops a theoretical framework for integrating environmental and other policies and compares how environmental integration takes place within competition, state aid, and free movement law. In turn, it paves a way for a more transparent and consistent integration of environment protection in these three core areas of law. Structured in three parts, this volume (I) offers a detailed analysis of the historical development of environmental integration including discussions of the various intergovernmental conferences which led to a number of Treaty changes, shaping the obligation itself. (II) It investigates which provisions and concepts within competition law, state aid law, and the market freedoms can be interpreted in order to provide a clear demarcation of environmental protection and these areas of law. (III) It analyses how competition, state aid, and free movement law allow for a balancing of the environment against restrictions in cases of conflict.
Environmental Integration in Competition and Free-Movement Laws (Oxford Studies in European Law)
by Julian NowagEnvironmental Integration in Competition and Free-Movement Laws engages in a comprehensive analysis of the obligation of Article 11 TFEU (integration of environmental protection requirements) in the three core areas of EU internal market law: competition, state aid, and free movement. It develops a theoretical framework for integrating environmental and other policies and compares how environmental integration takes place within competition, state aid, and free movement law. In turn, it paves a way for a more transparent and consistent integration of environment protection in these three core areas of law. Structured in three parts, this volume (I) offers a detailed analysis of the historical development of environmental integration including discussions of the various intergovernmental conferences which led to a number of Treaty changes, shaping the obligation itself. (II) It investigates which provisions and concepts within competition law, state aid law, and the market freedoms can be interpreted in order to provide a clear demarcation of environmental protection and these areas of law. (III) It analyses how competition, state aid, and free movement law allow for a balancing of the environment against restrictions in cases of conflict.
Legalism: Rules and Categories (Legalism)
Mainstream historians in recent decades have often treated formal categories and rules as something to be 'used' by individuals, as one might use a stick or stone, and the gains of an earlier legal history are often needlessly set aside. Anthropologists, meanwhile, have treated rules as analytic errors and categories as an imposition by outside powers or by analysts, leaving a very thin notion of 'practice' as the stuff of social life. Philosophy of an older vintage, as well as the work of scholars such as Charles Taylor, provides fresh approaches when applied imaginatively to cases beyond the traditional ground of modern Europe and North America. Not only are different kinds of rules and categories open to examination, but the very notion of a rule can be explored more deeply. This volume approaches rules and categories as constitutive of action and hence of social life, but also as providing means of criticism and imagination. A general theoretical framework is derived from analytical philosophy, from Wittgenstein to his critics and beyond, and from recent legal thinkers such as Schauer and Waldron. Case-studies are presented from a broad range of periods and regions, from Amazonia via northern Chad, Tibet, and medieval Russia to the scholarly worlds of Roman law, Islam, and Classical India. As the third volume in the Legalism series, this collection draws on common themes that run throughout the first two volumes: Legalism: Anthropology and History and Legalism: Community and Justice, consolidating them in a framework that suggests a new approach to rule-bound systems.
Legalism: Rules and Categories (Legalism)
by Judith Scheele Paul DreschMainstream historians in recent decades have often treated formal categories and rules as something to be 'used' by individuals, as one might use a stick or stone, and the gains of an earlier legal history are often needlessly set aside. Anthropologists, meanwhile, have treated rules as analytic errors and categories as an imposition by outside powers or by analysts, leaving a very thin notion of 'practice' as the stuff of social life. Philosophy of an older vintage, as well as the work of scholars such as Charles Taylor, provides fresh approaches when applied imaginatively to cases beyond the traditional ground of modern Europe and North America. Not only are different kinds of rules and categories open to examination, but the very notion of a rule can be explored more deeply. This volume approaches rules and categories as constitutive of action and hence of social life, but also as providing means of criticism and imagination. A general theoretical framework is derived from analytical philosophy, from Wittgenstein to his critics and beyond, and from recent legal thinkers such as Schauer and Waldron. Case-studies are presented from a broad range of periods and regions, from Amazonia via northern Chad, Tibet, and medieval Russia to the scholarly worlds of Roman law, Islam, and Classical India. As the third volume in the Legalism series, this collection draws on common themes that run throughout the first two volumes: Legalism: Anthropology and History and Legalism: Community and Justice, consolidating them in a framework that suggests a new approach to rule-bound systems.
Legislation at Westminster: Parliamentary Actors and Influence in the Making of British Law
by Meg Russell Daniel GoverThe Westminster parliament is a highly visible political institution, and one of its core functions is approving new laws. Yet Britain's legislative process is often seen as executive-dominated, and parliament as relatively weak. As this book shows, such impressions can be misleading. Drawing on the largest study of its kind for more than forty years, Meg Russell and Daniel Gover cast new light on the political dynamics that shape the legislative process. They provide a fascinating account of the passage of twelve government bills - collectively attracting more than 4000 proposed amendments - through both the House of Commons and House of Lords. These include highly contested changes such as Labour's identity cards scheme and the coalition's welfare reforms, alongside other relatively uncontroversial measures. As well as studying the parliamentary record and amendments, the study draws from more than 100 interviews with legislative insiders. Following introductory chapters about the Westminster legislative process, the book focuses on the contribution of distinct parliamentary 'actors', including the government, opposition, backbenchers, select committees, and pressure groups. It considers their behaviour in the legislative process, what they seek to achieve, and crucially how they influence policy decisions. The final chapter reflects on Westminster's influence overall, showing this to be far greater than commonly assumed. Parliamentary influence is asserted in various different ways - ranging from visible amendments to more subtle means of changing government's behaviour. The book's findings make an important contribution to understanding both British politics and the dynamics of legislative bodies more broadly. Its readability and relevance will appeal to both specialists and general readers with interests in politics and law, in the UK and beyond.
Legislation at Westminster: Parliamentary Actors and Influence in the Making of British Law
by Meg Russell Daniel GoverThe Westminster parliament is a highly visible political institution, and one of its core functions is approving new laws. Yet Britain's legislative process is often seen as executive-dominated, and parliament as relatively weak. As this book shows, such impressions can be misleading. Drawing on the largest study of its kind for more than forty years, Meg Russell and Daniel Gover cast new light on the political dynamics that shape the legislative process. They provide a fascinating account of the passage of twelve government bills - collectively attracting more than 4000 proposed amendments - through both the House of Commons and House of Lords. These include highly contested changes such as Labour's identity cards scheme and the coalition's welfare reforms, alongside other relatively uncontroversial measures. As well as studying the parliamentary record and amendments, the study draws from more than 100 interviews with legislative insiders. Following introductory chapters about the Westminster legislative process, the book focuses on the contribution of distinct parliamentary 'actors', including the government, opposition, backbenchers, select committees, and pressure groups. It considers their behaviour in the legislative process, what they seek to achieve, and crucially how they influence policy decisions. The final chapter reflects on Westminster's influence overall, showing this to be far greater than commonly assumed. Parliamentary influence is asserted in various different ways - ranging from visible amendments to more subtle means of changing government's behaviour. The book's findings make an important contribution to understanding both British politics and the dynamics of legislative bodies more broadly. Its readability and relevance will appeal to both specialists and general readers with interests in politics and law, in the UK and beyond.
Fellow Creatures: Our Obligations to the Other Animals (Uehiro Series in Practical Ethics)
by Christine M. KorsgaardChristine M. Korsgaard presents a compelling new view of humans' moral relationships to the other animals. She defends the claim that we are obligated to treat all sentient beings as what Kant called "ends-in-themselves". Drawing on a theory of the good derived from Aristotle, she offers an explanation of why animals are the sorts of beings for whom things can be good or bad. She then turns to Kant's argument for the value of humanity to show that rationality commits us to claiming the standing of ends-in-ourselves, in two senses. Kant argued that as autonomous beings, we claim to be ends-in-ourselves when we claim the standing to make laws for ourselves and each other. Korsgaard argues that as beings who have a good, we also claim to be ends-in-ourselves when we take the things that are good for us to be good absolutely and so worthy of pursuit. The first claim commits us to joining with other autonomous beings in relations of moral reciprocity. The second claim commits us to treating the good of every sentient creature as something of absolute importance. Korsgaard argues that human beings are not more important than the other animals, that our moral nature does not make us superior to the other animals, and that our unique capacities do not make us better off than the other animals. She criticizes the "marginal cases" argument and advances a new view of moral standing as attaching to the atemporal subjects of lives. She criticizes Kant's own view that our duties to animals are indirect, and offers a non-utilitarian account of the relation between pleasure and the good. She also addresses a number of directly practical questions: whether we have the right to eat animals, experiment on them, make them work for us and fight in our wars, and keep them as pets; and how to understand the wrong that we do when we cause a species to go extinct.
Fellow Creatures: Our Obligations to the Other Animals (Uehiro Series in Practical Ethics)
by Christine M. KorsgaardChristine M. Korsgaard presents a compelling new view of humans' moral relationships to the other animals. She defends the claim that we are obligated to treat all sentient beings as what Kant called "ends-in-themselves". Drawing on a theory of the good derived from Aristotle, she offers an explanation of why animals are the sorts of beings for whom things can be good or bad. She then turns to Kant's argument for the value of humanity to show that rationality commits us to claiming the standing of ends-in-ourselves, in two senses. Kant argued that as autonomous beings, we claim to be ends-in-ourselves when we claim the standing to make laws for ourselves and each other. Korsgaard argues that as beings who have a good, we also claim to be ends-in-ourselves when we take the things that are good for us to be good absolutely and so worthy of pursuit. The first claim commits us to joining with other autonomous beings in relations of moral reciprocity. The second claim commits us to treating the good of every sentient creature as something of absolute importance. Korsgaard argues that human beings are not more important than the other animals, that our moral nature does not make us superior to the other animals, and that our unique capacities do not make us better off than the other animals. She criticizes the "marginal cases" argument and advances a new view of moral standing as attaching to the atemporal subjects of lives. She criticizes Kant's own view that our duties to animals are indirect, and offers a non-utilitarian account of the relation between pleasure and the good. She also addresses a number of directly practical questions: whether we have the right to eat animals, experiment on them, make them work for us and fight in our wars, and keep them as pets; and how to understand the wrong that we do when we cause a species to go extinct.
EU Environmental Law and Policy
by David Langlet Said MahmoudiAn accessible and comprehensive resource, EU Environmental Law and Policy explains the structure and logic of EU environmental law and enables readers to quickly gain a thorough understanding of the different areas of EU secondary law pertaining to the protection of the environment. This volume explores the institutional, constitutional, and historical premises for the adoption and application of substantive EU environmental law and further expounds upon the dynamics between EU Member States and the EU. The book additionally provides an introduction to the specific subject areas of EU environmental law through thematic chapters that analyse important topics such as climate and energy, water, and biological diversity. Each area is explained in detail, including a discussion of the specific features that characterize each area and an overview of the main legal acts and case law relevant to the particular area.