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Legal Scholarship as a Source of Law (SpringerBriefs in Law)
by Fábio P. ShecairaThis book is about the use of legal scholarship by judges. It discusses the possibility that legal scholarship may function as a genuine source of law in modern municipal legal systems. The book advances a number of claims, some conceptual, some empirical, some normative. The major conceptual claims are found in Chapters 2 and 3, where a general account of the notion of a source of law is provided. Roughly, sources of law are documents or practices (e.g. statutes, judicial decisions, official customs) from which norms can be derived that function as sources of content-independent reasons for judges to decide legal cases one way or another. The relevant notion of content-independence is derived (with qualifications) from H.L.A. Hart’s jurisprudence. Indeed, the book’s analysis of the concept of a source of law relies at various points on Hartian insights about law and legal reasoning. Chapter 4 argues that legal scholarship – or, more precisely, a particular type of legal scholarship that might be described as standard or doctrinal – can be, and indeed is, used as a source of law in modern legal systems. The conclusion that legal scholarship is used as a source of law (and thus as a source of content-independent reasons for action) may come as a surprise to those who associate judicial recourse to legal scholarship with judicial activism. This association is discussed and criticized in Chapters 5 and 6. It is argued that, in spite of a relatively common opinion to the contrary, legal scholarship can be used to mitigate discretion. In fact, it is precisely because it can be used in this way that judges sometimes refer to scholarship deceptively and suggest that it limits discretion in situations in which it really does not. The concluding chapter addresses potential objections not explicitly discussed in earlier chapters.
What Does the Constitution Say?: A Kid's Guide to How Our Democracy Works
by Ben SheehanIf you've never read the Constitution, let this guidebook help you! Featuring fun facts, cool illustrations, and even hilarious jokes, What Does the Constitution Say? will help you understand how our American government really works. Written more than 230 years ago, the Constitution can be hard to understand (even for adults). But it also gives you what you need to make our country the best it can be for everyone. What Does the Constitution Say? takes you on a tour of the whole Constitution while explaining what its fancy words really mean. From the Preamble to the 7 Articles to the 27 Amendments (so far), this fun-to-read guide is packed with bite-sized info, historic quotes, and graphics on important topics such as:Why the Constitution is a "living document"How the first attempt at a constitution (the Articles of Confederation) failedWhat powers the president does (and doesn't) haveKey figures like James Madison, Alexander Hamilton, and George WashingtonA bonus section on the Declaration of IndependenceAnd much more!
Ethics and Research in Inclusive Education: Values into practice
by Kieron Sheehy Melanie Nind Jonathan Rix Katy SimmonsThe recent move towards inclusive education has radically influenced the way educational research is conducted. Students need to become aware of the critical legal and ethical responsibilities that arise from investigation in this new and expanding area. Written from the standpoint of inclusive education, rather than 'special education', this carefully edited collection of readings from a wide variety of sources, will develop the student's ability to: * identify and respond to ethical dilemmas that occur within their particular research methodologies and settings. * respond appropriately to the myriad of complex legal issues that are pertinent to their own workThe contributions to this book draw upon examples of inclusive practices from around the world. Students taking postgraduate courses or diplomas in Inclusive education will find this an invaluable read.
Biographical Dictionary of Psychology
by Noel Sheehy Antony J. Chapman Wenday A. ConroyThe Biographical Dictionary of Psychology provides biographical information and critical analysis of the influences and reception of over 500 people who have made a significant contribution to the field of psychology. Written by an international team of contributors, this volume charts the development of the practice of psychology worldwide from its emergence in the 1850s up to the present day. Biographies range from important historical figures to those who have had a more recent impact on the field, including: * Chris Argyris * Donald Broadbent * Kay Deaux * Leon Festinger * Sigmund Freud * Erich Fromm * Francis Galton * Eleanor Gibson * Doreen Kimur * Ulric Neisser * Jean Piaget * Herbert A. Simon * B.F. Skinner * Amos Tversky Entries are alphabetically organized and similarly structured for ease of access and allowing comparison of information. Introductory biographical details cover main fields of interest, nationality, principal appointments, honours, and places and dates of birth and death. This is followed by full bibliographic details of principal publications, as well as secondary and critical literature which provide a useful route into further research. Following on from there is an invaluable critical appraisal of the major achievements, influences and reception of the psychologists themselves. Thorough indexing allows the reader to access information by American Psychological Association subject division, key concepts, name and institution.
Biographical Dictionary of Psychology
by Noel Sheehy Antony J. Chapman Wendy A. ConroyThe Biographical Dictionary of Psychology provides biographical information and critical analysis of the influences and reception of over 500 people who have made a significant contribution to the field of psychology. Written by an international team of contributors, this volume charts the development of the practice of psychology worldwide from its emergence in the 1850s up to the present day. Biographies range from important historical figures to those who have had a more recent impact on the field, including: * Chris Argyris * Donald Broadbent * Kay Deaux * Leon Festinger * Sigmund Freud * Erich Fromm * Francis Galton * Eleanor Gibson * Doreen Kimur * Ulric Neisser * Jean Piaget * Herbert A. Simon * B.F. Skinner * Amos Tversky Entries are alphabetically organized and similarly structured for ease of access and allowing comparison of information. Introductory biographical details cover main fields of interest, nationality, principal appointments, honours, and places and dates of birth and death. This is followed by full bibliographic details of principal publications, as well as secondary and critical literature which provide a useful route into further research. Following on from there is an invaluable critical appraisal of the major achievements, influences and reception of the psychologists themselves. Thorough indexing allows the reader to access information by American Psychological Association subject division, key concepts, name and institution.
Dogs That Know When Their Owners Are Coming Home: And Other Unexplained Powers of Animals
by Rupert SheldrakeMany people who have ever owned a pet will swear that their dog or cat or other animal has exhibited some kind of behaviour they just can't explain. How does a dog know when its owner is returning home at an unexpected time?Filled with captivating stories and thought-provoking analysis, Dogs That Know When Their Owners Are Coming Home is a groundbreaking exploration of animal behaviour that will profoundly change the way we think about animals, and ourselves. After five years of extensive research involving thousands of people who own and work with animals, Rupert Sheldrake conclusively proves what many pet owners already know - that there is a strong connection between humans and animals that lies beyond present-day scientific understanding.
Nation Shapes: The Story behind the World's Borders
by Fred M. ShelleyThis book provides a concise and comprehensive description of all of the borders of every country in the contemporary world, including physical boundaries, their historical evolution, and border-related conflicts with other countries.Nation Shapes: The Story behind the World's Borders examines the importance of country boundaries, the disconnects between these borders, related factors such as cultures, religions, and economies, and how conflicts over boundaries between neighboring countries are articulated. The book is organized geographically and by region of the world: the Americas, Africa, Europe, the Middle East, South and Southeast Asia, East and Southeast Asia, and Australia and Oceania. It provides comprehensive descriptions of the boundaries of each country in the world, the historical evolution of these boundaries, and current and potential future boundary disputes and conflicts. While the work contains an entry for each country, the emphasis is on countries of major importance in the modern global economy.
Nation Shapes: The Story behind the World's Borders
by Fred M. ShelleyThis book provides a concise and comprehensive description of all of the borders of every country in the contemporary world, including physical boundaries, their historical evolution, and border-related conflicts with other countries.Nation Shapes: The Story behind the World's Borders examines the importance of country boundaries, the disconnects between these borders, related factors such as cultures, religions, and economies, and how conflicts over boundaries between neighboring countries are articulated. The book is organized geographically and by region of the world: the Americas, Africa, Europe, the Middle East, South and Southeast Asia, East and Southeast Asia, and Australia and Oceania. It provides comprehensive descriptions of the boundaries of each country in the world, the historical evolution of these boundaries, and current and potential future boundary disputes and conflicts. While the work contains an entry for each country, the emphasis is on countries of major importance in the modern global economy.
The World's Population: An Encyclopedia of Critical Issues, Crises, and Ever-Growing Countries
by Fred M. ShelleyThis one-volume encyclopedia examines key topics, major world players, and imminent problems pertaining to the world's ever-growing population.According to the United Nations, the population of our planet reached 7 billion people in 2011. What areas of the world have the most people? What measures, if any, are in place to control the population? Why is Europe's population shrinking, while the rest of the world is growing? This eye-opening encyclopedia answers questions like these by examining significant issues and topics relating to the population and exploring profiles of the most populated countries and cities of the world. More than 100 alphabetically arranged entries focus on such topics as census, demography, megacity, overpopulation, and urban sprawl. Author Fred M. Shelley, an accomplished academic in the field of environmental sustainability, reveals the steps taken by major cities such as Rio de Janeiro, Paris, Tokyo, Beijing, Mexico City, Seoul, Manila, and New Delhi in handling their population, and what is being done in China and other countries to prevent overcrowding. The text includes a discussion of how factors like migration patterns, war, and disease impact population change. This comprehensive encyclopedia also includes primary document excerpts from court cases, legislation, and political speeches relating to population issues.
The World's Population: An Encyclopedia of Critical Issues, Crises, and Ever-Growing Countries
by Fred M. ShelleyThis one-volume encyclopedia examines key topics, major world players, and imminent problems pertaining to the world's ever-growing population.According to the United Nations, the population of our planet reached 7 billion people in 2011. What areas of the world have the most people? What measures, if any, are in place to control the population? Why is Europe's population shrinking, while the rest of the world is growing? This eye-opening encyclopedia answers questions like these by examining significant issues and topics relating to the population and exploring profiles of the most populated countries and cities of the world. More than 100 alphabetically arranged entries focus on such topics as census, demography, megacity, overpopulation, and urban sprawl. Author Fred M. Shelley, an accomplished academic in the field of environmental sustainability, reveals the steps taken by major cities such as Rio de Janeiro, Paris, Tokyo, Beijing, Mexico City, Seoul, Manila, and New Delhi in handling their population, and what is being done in China and other countries to prevent overcrowding. The text includes a discussion of how factors like migration patterns, war, and disease impact population change. This comprehensive encyclopedia also includes primary document excerpts from court cases, legislation, and political speeches relating to population issues.
The Mirror in the Ground: Archaeology, Photography and the making of an archive
by Nick ShepherdAn important and original contribution to the study of the archive, The Mirror in the Ground approaches the discipline of archaeology in South Africa from the perspective of an interest in visualities. Author Nick Shepherd argues that it makes sense to talk about an archaeological aesthetics. The book explores the part a specifically archaeological concern with material cultures, objectified bodies and sites on the landscape has played in a local history of looking. Drawing from the archive of the South African archaeologist John Goodwin (1900-1959), the book interrogates the role of photography in the making of a disciplinary project in archaeology. JM Coetzee describes the book as 'a fresh way of looking at the photographic archive, with a commentary as moving and compassionate as it is unsettling.' Nick Shepherd is Associate Professor of Archaeology and African Studies at the University of Cape Town, where he convenes a graduate programme on Public Culture and Heritage. The Mirror in the Ground is the first volume in the relaunched Series in Visual Histories, produced by the Centre for Curating the Archive (CCA) at the University of Cape Town.
A Compendium of Neuropsychological Tests: Fundamentals of Neuropsychological Assessment and Test Reviews for Clinical Practice
by Elisabeth Sherman Marianne HrabokThe Compendium is an essential guidebook for selecting the right test for specific clinical situations and for helping clinicians make empirically supported test interpretations. · Revised and updated · Over 85 test reviews of well-known neuropsychological tests and scales for adults · Includes tests of premorbid estimation, dementia screening, IQ, attention, executive functioning, memory, language, visuospatial skills, sensory function, motor skills, performance validity, and symptom validity · Covers basic and advanced aspects of neuropsychological assessment including psychometric principles, reliability, test validity, and performance/symptom validity testing
A Compendium of Neuropsychological Tests: Fundamentals of Neuropsychological Assessment and Test Reviews for Clinical Practice
by Elisabeth Sherman Marianne HrabokThe Compendium is an essential guidebook for selecting the right test for specific clinical situations and for helping clinicians make empirically supported test interpretations. BL Revised and updated BL Over 85 test reviews of well-known neuropsychological tests and scales for adults BL Includes tests of premorbid estimation, dementia screening, IQ, attention, executive functioning, memory, language, visuospatial skills, sensory function, motor skills, performance validity, and symptom validity BL Covers basic and advanced aspects of neuropsychological assessment including psychometric principles, reliability, test validity, and performance/symptom validity testing
Renewing Liberalism
by James A. ShermanThis book develops an original and comprehensive theory of political liberalism. It defends bold new accounts of the nature of autonomy and individual liberty, the content of distributive justice, and the justification for the authority of the State. The theory that emerges integrates contemporary progressive and pluralistic liberalism into a broadly Aristotelian intellectual tradition. The early chapters of the book challenge the traditional conservative idea of individual liberty—the liberty to dispose of one’s property as one wishes—and replace it with a new one, according to which liberty is of equal value to all persons, regardless of economic position. The middle chapters present an original theory of socio-economic justice, arguing that a society in which every citizen enjoys an equal share of liberty should be the distributive goal of the State. It is argued that this goal is incompatible with the existence of large disparities in wealth and economic power, and that (contra conservative and libertarian economic arguments) such disparities are harmful to the overall health of national and global economies. The final chapters provide an original argument that the State has both a moral duty and a moral right to pursue this program of socio-economic justice (contra conservative and libertarian moral arguments), and that only the measures necessary to implement this program lie within the morally justifiable limits on the State’s authority. Though primarily a political work, it spans most areas of practical philosophy—including ethical, social, and legal theory; and meta-ethics, moral psychology, and action theory. And though fundamentally a philosophical work, it incorporates research from a number of fields—including decision theory, economics, political science, and jurisprudence; primatology, neuroscience, and psychology; and history, anthropology, sociology, and ecology—and is sure to be of interest to a wide range of scholars and students.
Storytelling: An Encyclopedia of Mythology and Folklore
by Josepha ShermanStorytelling is an ancient practice known in all civilizations throughout history. Characters, tales, techniques, oral traditions, motifs, and tale types transcend individual cultures - elements and names change, but the stories are remarkably similar with each rendition, highlighting the values and concerns of the host culture. Examining the stories and the oral traditions associated with different cultures offers a unique view of practices and traditions."Storytelling: An Encyclopedia of Mythology and Folklore" brings past and present cultures of the world to life through their stories, oral traditions, and performance styles. It combines folklore and mythology, traditional arts, history, literature, and festivals to present an overview of world cultures through their liveliest and most fascinating mode of expression. This appealing resource includes specific storytelling techniques as well as retellings of stories from various cultures and traditions.
Storytelling: An Encyclopedia of Mythology and Folklore (World Storytelling From August House Ser.)
by Josepha ShermanStorytelling is an ancient practice known in all civilizations throughout history. Characters, tales, techniques, oral traditions, motifs, and tale types transcend individual cultures - elements and names change, but the stories are remarkably similar with each rendition, highlighting the values and concerns of the host culture. Examining the stories and the oral traditions associated with different cultures offers a unique view of practices and traditions."Storytelling: An Encyclopedia of Mythology and Folklore" brings past and present cultures of the world to life through their stories, oral traditions, and performance styles. It combines folklore and mythology, traditional arts, history, literature, and festivals to present an overview of world cultures through their liveliest and most fascinating mode of expression. This appealing resource includes specific storytelling techniques as well as retellings of stories from various cultures and traditions.
Invention of the Modern Cookbook
by Sandra ShermanThis eye-opening history will change the way you read a cookbook or regard a TV chef, making cooking ventures vastly more interesting—and a lot more fun.Every kitchen has at least one well-worn cookbook, but just how did they come to be? Invention of the Modern Cookbook is the first study to examine that question, discussing the roots of these collections in 17th-century England and illuminating the cookbook's role as it has evolved over time.Readers will discover that cookbooks were the product of careful invention by highly skilled chefs and profit-minded publishers who designed them for maximum audience appeal, responding to a changing readership and cultural conditions and utilizing innovative marketing and promotion techniques still practiced today. They will see how cookbooks helped women adjust to the changes of the Enlightenment and Industrial Revolution by educating them on a range of subjects from etiquette to dealing with household servants. And they will learn how the books themselves became "modern," taking on the characteristics we now take for granted.
Invention of the Modern Cookbook
by Sandra ShermanThis eye-opening history will change the way you read a cookbook or regard a TV chef, making cooking ventures vastly more interesting—and a lot more fun.Every kitchen has at least one well-worn cookbook, but just how did they come to be? Invention of the Modern Cookbook is the first study to examine that question, discussing the roots of these collections in 17th-century England and illuminating the cookbook's role as it has evolved over time.Readers will discover that cookbooks were the product of careful invention by highly skilled chefs and profit-minded publishers who designed them for maximum audience appeal, responding to a changing readership and cultural conditions and utilizing innovative marketing and promotion techniques still practiced today. They will see how cookbooks helped women adjust to the changes of the Enlightenment and Industrial Revolution by educating them on a range of subjects from etiquette to dealing with household servants. And they will learn how the books themselves became "modern," taking on the characteristics we now take for granted.
Legal Education at the Crossroads: Education and the Legal Profession
by Avrom Sherr Richard Moorhead Hilary SommerladFor several years legal professions across the world have, to varying degrees, been undergoing dramatic changes as a result of a range of forces such as globalization, diversification and changes in regulation. In many jurisdictions the extent of these transformations have led to a process of professional fragmentation and generated uncertainty at institutional, organisational and individual levels about the nature and future of legal professionalism. As a result legal education is in flux in many of jurisdictions including the United States, the UK and Australia, with further effects in other Common Law and some Civil law countries. The situation in the UK exemplifies the sense of uncertainty and crisis, with a growing number of pathways into law; an increasing surplus of law graduates to graduate entry positions and most recently proposals for reform of legal education and training by the Solicitors Regulation Authority (SRA). This collection addresses both current and historical approaches showing that some problems which appear to be modern are endemic, that there are still some important prospects for change and that policy issues may be more important than the interests of lawyers and educators. This makes this volume a source of interest to lawyers, law students, academic and policy makers as well as the discerning public. This book was previously published as a special issue of the International Journal of the Legal Profession.
Legal Education at the Crossroads: Education and the Legal Profession
by Avrom Sherr Richard Moorhead Hilary SommerladFor several years legal professions across the world have, to varying degrees, been undergoing dramatic changes as a result of a range of forces such as globalization, diversification and changes in regulation. In many jurisdictions the extent of these transformations have led to a process of professional fragmentation and generated uncertainty at institutional, organisational and individual levels about the nature and future of legal professionalism. As a result legal education is in flux in many of jurisdictions including the United States, the UK and Australia, with further effects in other Common Law and some Civil law countries. The situation in the UK exemplifies the sense of uncertainty and crisis, with a growing number of pathways into law; an increasing surplus of law graduates to graduate entry positions and most recently proposals for reform of legal education and training by the Solicitors Regulation Authority (SRA). This collection addresses both current and historical approaches showing that some problems which appear to be modern are endemic, that there are still some important prospects for change and that policy issues may be more important than the interests of lawyers and educators. This makes this volume a source of interest to lawyers, law students, academic and policy makers as well as the discerning public. This book was previously published as a special issue of the International Journal of the Legal Profession.
Animal Rights: A Reference Handbook (Contemporary World Issues)
by Clifford J. SherryThis revised edition helps readers understand and develop their own opinions on the fundamental issues, enduring controversies, and critical developments associated with animal rights.First published in 1994, Animal Rights: A Reference Handbook was widely acclaimed for its objective look at the ways in which humans treat animals. Extensively revised and updated, this new edition explores the basis for current perspectives on animal rights by addressing the relationship between humans and animals from scientific, philosophical, legal, and religious points of view.Animal Rights: A Reference Handbook, Second Edition maintains the balance and accessibility of the first edition, letting readers decide the bounds of human responsibility toward animals. It surveys a wide range of controversies surrounding the use of animals in such fields as the food industry, medical research, and the realm of entertainment, as well as the tremendous surge in scientific discoveries and technological advances that have led to new conversations on animal rights in the 21st century.
The Oxford Handbook of the New Private Law (Oxford Handbooks)
by Emily Sherwin Andrew S. Gold Henry E. Smith John C.P. Goldberg Daniel B. KellyThe Oxford Handbook of the New Private Law reflects exciting developments in scholarship dedicated to reinvigorating the study of the broad field of private law. This field embraces the traditional common law subjects (property, contracts, and torts), as well as adjacent, more statutory areas, such as intellectual property and commercial law. It also includes important areas that have been neglected in the United States but are beginning to make a comeback. These include unjust enrichment, restitution, equity, and remedies more generally. "Private law" can also mean private law as a whole, which invites consideration of issues such as the public-private distinction, the similarities and differences between the various areas of private law, and the institutional framework supporting private law - including courts, arbitrators, and even custom. The New Private Law is an approach to these subjects that aims to bring a new outlook to the study of private law by moving beyond reductively instrumentalist policy evaluation and narrow, rule-by-rule, doctrine-by-doctrine analysis, so as to consider and capture how private law's various features fit and work together, as well as the normative underpinnings of these larger structures. This movement has begun resuscitating the notion of private law itself in the United States and has brought an interdisciplinary perspective to the more traditional, doctrinal approach prevalent in Commonwealth countries. The Handbook embraces a broad range of perspectives to private law - including philosophical, economic, historical, and psychological, to name a few - yet it offers a unifying theme of seriousness about the structure and content of private law. It will be an essential resource for legal scholars interested in the future of this important field.
The Logic of Explanation in Psychoanalysis
by Michael SherwoodThe Logic of Explanation in Psychoanalysis is this is the first full-length study of a single case history written by a practicing psychiatrist from the standpoint of the philosophy of science. This book is a contribution to the growing dialogue between philosophers of science and psychiatrists. It ranges in scope from highly technical linguistic issues to problems concerning Freud's early theory of psychosexual development. The study's primary appeal will be, on the one hand, to those philosophers interested in logical problems in the behavioral sciences and, on the other, to those psychiatrists and psychoanalysts who are not content simply to worry about the very real difficulties of psychotherapy, but who also feel obliged to concern themselves with the scientific status of a psychodynamically oriented theory of human behavior. However, the importance and contemporary relevance of such an interdisciplinary approach will be apparent to a far wider audience. Therefore, an attempt has been made to present the material in a manner both appealing and comprehensible to readers who may lack the specialized knowledge required of either the philosopher or the psychiatrist. In so doing it is hoped that an even wider based dialogue can be established.
Penguin Writers' Guides: Writing for Business
by Chris ShevlinThe Penguin Writers' Guides series provides authoritative, succinct and easy-to-follow guidance on specific aspects of written English. Whether you need to brush up your skills or get to grips with something for the first time, these invaluable Guides will help you find the best way to get your message across clearly and effectively.Business demands many different types of writing skills - from creating proposals and presentations to compiling reports and briefings. This one-stop, no-nonsense guide shows you how to improve your writing at work: including how to discover your strengths and weaknesses, how to identify your audience, how to develop your argument and keep information flowing while avoiding overused jargon. It shows how to make the most of the language you use and make your writing effective and influential.
Reimagining Philosophy and Technology, Reinventing Ihde (Philosophy of Engineering and Technology #33)
by Ashley Shew Glen MillerThis volume includes eleven original essays that explore and expand on the work of Don Ihde, bookended by two chapters by Ihde himself. Ihde, the recipient of the first Society for Philosophy and Technology's Lifetime Achievement Award in 2017, is best known for his development of postphenomenology, a blend of pragmatism and phenomenology that incorporates insights into the ways technology mediates human perception and action.The book contains contributions from academics from Europe, North America, and Asia, which demonstrates the global impact of Ihde’s work. Essays in the book explore the relationship between Ihde's work and its origins in phenomenology (especially Husserl and Heidegger) and American pragmatism; integrate his philosophical work within the embodied experience of radical architecture and imagine the possibility of a future philosophy of technology after postphenomenology;develop central ideas of postphenomenology and expand the resources present in postphenomenology to ethics and politics; andextend the influence of Ihde's ideas to mobile media and engineering, and comprehensively assess the influence of his work in China. The book includes a reprint of the Introduction of Sense and Significance, one of Ihde's first books; "Hawk: Predatory Vision," a new chapter that blends his biographical experience with feminism, technoscience, and environmental observation; and an appendix that lists all of Ihde's books as well as secondary sources annotated by Ihde himself. Starting with an Editors' Introduction that offers an overview of the central ideas in Ihde's corpus and concluding with an index that facilitates research across the various chapters, this book is of interest to a diverse academic community that includes philosophers, STM scholars, anthropologists, historians, and sociologists.