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Rescue of Business in Europe
by Gert-Jan BoonThis edited volume is based on the European Law Institute's (ELI) project 'Rescue of Business in Insolvency Law'. The project ran from 2013 to 2017 under the auspices of the ELI and was conducted by Bob Wessels and Stephan Madaus, who were assisted by Gert-Jan Boon. The study sought to design (elements of) a legal framework that will enable the further development of coherent and functional rules for business rescue in Europe. This includes certain statutory procedures that could better enable parties to negotiate solutions where a business becomes financially distressed. Such a framework also includes rules to determine in which procedures and under which conditions an enforceable solution can be imposed upon creditors and other stakeholders despite their lack of consent. The project had a broad scope, and extended to consider frameworks that can be used by (non-financial) businesses out of court, and in a pre-insolvency context. Part I of this book, the ELI Instrument as approved by the ELI Council and General Assembly, features 115 recommendations on a wide variety of themes affected by the rescue of financially distressed businesses, such as the legal rules for professions and courts, treatment and ranking of creditors' claims, contract, corporate and labour law as well as laws relating to transaction avoidance. Part II consists of national reports that sketch the legal landscape in 13 States and of an 'Inventory Report on International Recommendations from Standard-Setting Organisations', both of which provided insight for the drafting of the Instrument. This volume is designed to assist those involved in a process of law reform and those setting standards for soft law in the business rescue context.
Rescue Me: My Life with the Battersea Dogs
by Melissa WarehamMelissa Wareham always wanted to work with dogs. After failing her biology O-level she realised she'd have to start at the bottom, cleaning out kennels at Battersea Dogs Home. From frail old men looking for a four-legged companion to famous folk who've lost their favourite hound, it seemed that at some point everyone passes through Battersea's doors. Amongst the clamour of thousands of lost pets crying 'Rescue Me!' and the noise of the railway lines above, Melissa found she had come home.The first dog Melissa fell for was Tulip, a sweet, elderly and somewhat dotty mongrel who decided a solo bus ride into the West End might be fun. Next up was Roscoe: found by the ambulance team with his dead owner, he is rehabilitated with a little help from his master's hat. And then - many, many dogs later - there is Gus. With his owner in jail, Melissa finally finds the dog she is to take home as her own.Heart-warming and compulsively readable, Rescue Me is Melissa's memoir of her fifteen years at Britain's most-loved dogs' home.
Resale Price Maintenance and the Law: The Future of Vertical Restraints
by Christy KollmarThe question of how to properly enforce against RPM has been a contentious debate for decades on both sides of the Atlantic. The catalyst is the acceptance that RPM can generate both anti-competitive effects and pro-competitive efficiencies that need to be properly balanced to ensure against Type I/Type II errors and to create viable legislation. Part I focuses on 100 years of US origins and the current legal approach to VR enforcement, which reveals the precedent responsible for the transition between per se illegality and the rule of reason thresholds at the federal level. Nine anti-competitive and 19 pro-competitive theoretical models are also introduced to clearly demonstrate the true nonconsensus existent between economists as to whether RPM is deleterious enough to justify a stringent approach to RPM regulation. Part II closely examines the EU origins and current legal structure, where RPM has maintained its hardcore by-object designation pursuant to Art. 101(1) TFEU with the consequence of having no safe harbours, no applicability of the De Minimus Doctrine, an onerous negative rebuttable presumption, non-severability of the agreement and almost no chance of obtaining an exemption under Art. 101(3). This is exacerbated by the EC’s lack of guidance on how to prove all conditions necessary for an Art. 101(3) exemption and when a vertical arrangement actually escapes Art. 101(1) applicability. The aim of this book is to examine the economic models, historical origins and legal structures of the US/EU regimes to develop proposals on how to modify the EU’s current legal structure to ensure proper enforcement of RPM behaviour that actually enhances legal certainty through a more aligned approach at the national level. Part III proposes five solutions which scrutinise the concepts of appreciability, hardcore and by-object restraints, to implement modifications to EU’s current legal framework to ensure RPM receives reasonable and equitable treatment in line with economic theory.
Resale Price Maintenance and the Law: The Future of Vertical Restraints
by Christy KollmarThe question of how to properly enforce against RPM has been a contentious debate for decades on both sides of the Atlantic. The catalyst is the acceptance that RPM can generate both anti-competitive effects and pro-competitive efficiencies that need to be properly balanced to ensure against Type I/Type II errors and to create viable legislation. Part I focuses on 100 years of US origins and the current legal approach to VR enforcement, which reveals the precedent responsible for the transition between per se illegality and the rule of reason thresholds at the federal level. Nine anti-competitive and 19 pro-competitive theoretical models are also introduced to clearly demonstrate the true nonconsensus existent between economists as to whether RPM is deleterious enough to justify a stringent approach to RPM regulation. Part II closely examines the EU origins and current legal structure, where RPM has maintained its hardcore by-object designation pursuant to Art. 101(1) TFEU with the consequence of having no safe harbours, no applicability of the De Minimus Doctrine, an onerous negative rebuttable presumption, non-severability of the agreement and almost no chance of obtaining an exemption under Art. 101(3). This is exacerbated by the EC’s lack of guidance on how to prove all conditions necessary for an Art. 101(3) exemption and when a vertical arrangement actually escapes Art. 101(1) applicability. The aim of this book is to examine the economic models, historical origins and legal structures of the US/EU regimes to develop proposals on how to modify the EU’s current legal structure to ensure proper enforcement of RPM behaviour that actually enhances legal certainty through a more aligned approach at the national level. Part III proposes five solutions which scrutinise the concepts of appreciability, hardcore and by-object restraints, to implement modifications to EU’s current legal framework to ensure RPM receives reasonable and equitable treatment in line with economic theory.
Resacralizing the Other at the US-Mexico Border: A Borderland Hermeneutic (Routledge New Critical Thinking in Religion, Theology and Biblical Studies)
by Gregory L. CuéllarThis book focuses on the themes of border violence; racial criminalization; competing hermeneutics of the sacred; and State-sponsored modes of desacralizing black and brown-bodied people, all in the context of the US-Mexico borderlands. It provides a much-needed substantive response to the State’s use of sacrilization to justify its acts of violence and offers new ways of theologizing the acceptance of the "other" in its place. As a counter-hermeneutic of the sacred, the ultimate objective of the book is to offer an alternative epistemological, theoretical and practical framework that resacralizes the other. Rejecting the State-driven agenda of othering border-crossers, it follows Gloria Anzaldúa’s healing move to the Sacred Other and creates a new hermeneutic of the sacred at the borderlands. One that resacralizes those deemed by the State as the non-sacred human other anywhere in the world. This is an important and topical book that addresses one of the key issues of our time. As such, it will be of keen interest to any scholar of Religious Studies and Liberation Theology as well as religion’s interaction with migration, race and contemporary politics.
Resacralizing the Other at the US-Mexico Border: A Borderland Hermeneutic (Routledge New Critical Thinking in Religion, Theology and Biblical Studies)
by Gregory L. CuéllarThis book focuses on the themes of border violence; racial criminalization; competing hermeneutics of the sacred; and State-sponsored modes of desacralizing black and brown-bodied people, all in the context of the US-Mexico borderlands. It provides a much-needed substantive response to the State’s use of sacrilization to justify its acts of violence and offers new ways of theologizing the acceptance of the "other" in its place. As a counter-hermeneutic of the sacred, the ultimate objective of the book is to offer an alternative epistemological, theoretical and practical framework that resacralizes the other. Rejecting the State-driven agenda of othering border-crossers, it follows Gloria Anzaldúa’s healing move to the Sacred Other and creates a new hermeneutic of the sacred at the borderlands. One that resacralizes those deemed by the State as the non-sacred human other anywhere in the world. This is an important and topical book that addresses one of the key issues of our time. As such, it will be of keen interest to any scholar of Religious Studies and Liberation Theology as well as religion’s interaction with migration, race and contemporary politics.
Rereading Identity Deception in the UK Sexual Offences Act 2003: Incorporating Personal Traits and Attributes (SpringerBriefs in Law)
by Rakiya FarahDoes the Sexual Offences Act (SOA) 2003 provide for consent to be vitiated in all the circumstances we think it should? Can, and should, section 76(2)(b) (the impersonation provision) be read to include a different class of identity deceptions? How should the concept of personal identity be understood in this context?While the concept has had some airing in the courts, and the distinction between identity and attributes of the person softened, the law on rape still fails to give proper effect to identity deception and leaves many questions unanswered. This book offers a novel take on the problem of sexual deception. Through meticulous interrogation of the meaning and normative implications of the concept of personal identity, it challenges the law’s restrictive approach and argues that qualitative identity is, like numerical identity, normatively important. This book provides a comprehensive and nuanced analysis of the philosophical, theoretical, and psychological experimental literature on personal identity, marshalling relevant insights to support a broader reading of the impersonation provision. The argumentative thrust of the book is an extended equivalence thesis, which links numerical with qualitative identity. In this task, it engages in capacious exploration of different kinds of impersonation, at each juncture leading the reader to a more permissive understanding. Guided by the principle of consistency, the central thesis is that certain deceptions about personal traits should be unlawful based on existing prohibitions with which there is equivalence. A central contribution of the book is the articulation of a theoretical framework to support a richer understanding of identity, giving due attention to its qualitative aspects. This new framework is applied at stage three of the equivalence thesis to explain the relationship between individual traits and identity change. By implication, a potentially wide scope of consent-vitiating deceptions is endorsed. This presents a challenge to those who would defend more stringent limits. The book thus invites further discussion on the implications of this approach for the law on rape and indicates areas for further research and attention.
Reputational Crises Unspun: A Stakeholder Solution to Reputational Crises
by Tom SchermerThis book reviews dominant crisis communication theories, which according to many scholars are either too narrow or broad for practical application to all types of reputational crises. Freeman, as the progenitor of modern stakeholder theory, has spent much time since the original publication trying to remove the primary focus from companies to that of achieving broader positive outcomes for organisations, populations, and the operating environment. This book embraces the ethos of Freeman’s revisions and applies it to crisis communication through placing the reputational crisis at the centre of a stakeholder map, where other literature places the company at the centre of the stakeholder map. This leaves the company experiencing the crisis situated with all other crisis stakeholders to develop solutions to the source of conflict, and as a result, the reputational crisis.Removing the corporation from the centre allows for other stakeholders such as interest groups, politicians, media, and afflicted stakeholders, to legitimately work towards solving the crisis. This book uses a typology of apologia and builds upon it to create a means that allows corporate managers to genuinely apologise to crisis victims, without necessarily exposing the corporation to financial liability claims. The apologia construct developed herein is equally useful to CEO’s as it is in a domestic situation.Consistent throughout this book is the philosophy that all reputational crises can be either solved, or significantly reduced in terms of impact. Examples used throughout relate to reader’s personal lives as well as structured powerful organisations.
The Reputation Risk Handbook: Surviving and Thriving in the Age of Hyper-Transparency
by Andrea Bonime-BlancThis book will show you how to build a sustainable reputation risk management framework and how to handle your next reputation risk crisis. It will help you identify ways in which reputation risk can impact bottom line, and then show you how to set up a framework for turning that risk into an opportunity for good, sustainable business. Reputation risk is a strategic risk and a potentially material risk, all the more so in the "age of hyper-transparency". This needs to be clearly understood by both management and boards of directors so that the people tasked with reputation risk have the support they need to align their reputation risk management with business strategy and planning. The Reputation Risk Handbook provides a clear framework to identify, manage and resolve reputation risk, including: a clear description of what reputation risk is and how it fits within the pantheon of corporate and institutional risk and strategic management; a practical process for creating early warning systems and on-going management and monitoring of reputation risks; techniques for aligning reputation risk management with business strategy and business planning; several case studies, including examples of when reputation risk management has gone wrong; examples of how to manage specific reputation risks successfully or deal with a reputation risk crisis. The Reputation Risk Handbook is not just for practitioners – those who manage risk and reputation directly – but for those who have oversight of risk management – namely boards, their committees and the c-suite. In addition to a framework for practitioners, the book provides specific suggestions for boards, including questions to ask management and what to look for within their organizations.
The Reputation Risk Handbook: Surviving and Thriving in the Age of Hyper-Transparency
by Andrea Bonime-BlancThis book will show you how to build a sustainable reputation risk management framework and how to handle your next reputation risk crisis. It will help you identify ways in which reputation risk can impact bottom line, and then show you how to set up a framework for turning that risk into an opportunity for good, sustainable business. Reputation risk is a strategic risk and a potentially material risk, all the more so in the "age of hyper-transparency". This needs to be clearly understood by both management and boards of directors so that the people tasked with reputation risk have the support they need to align their reputation risk management with business strategy and planning. The Reputation Risk Handbook provides a clear framework to identify, manage and resolve reputation risk, including: a clear description of what reputation risk is and how it fits within the pantheon of corporate and institutional risk and strategic management; a practical process for creating early warning systems and on-going management and monitoring of reputation risks; techniques for aligning reputation risk management with business strategy and business planning; several case studies, including examples of when reputation risk management has gone wrong; examples of how to manage specific reputation risks successfully or deal with a reputation risk crisis. The Reputation Risk Handbook is not just for practitioners – those who manage risk and reputation directly – but for those who have oversight of risk management – namely boards, their committees and the c-suite. In addition to a framework for practitioners, the book provides specific suggestions for boards, including questions to ask management and what to look for within their organizations.
Reputation Matters: How to Protect Your Professional Reputation
by Jonathan CoadIn our modern landscape of social media, viral news stories and fake news, professional reputations can be far too easily dismantled and tarnished. But many senior leaders, entrepreneurs, politicians, talent managers and even in-house lawyers are unaware of the full scope of techniques, methods and precautions that can be taken to prevent, react to, and mitigate reputational crises.As the lines blur between traditional and social media while misinformation runs rampant, reputations have become both more precious and more fragile than ever. In Reputation Matters, Jonathan Coad draws upon his decades of expertise (both as one of the country's leading media lawyers and as a highly-regarded editorial lawyer) to provide the essential guide to protecting and managing the professional reputation of both yourself and your organization. Passivity in the face of public criticism is often perceived as implicit guilt, while an inadequate response only digs a deeper hole. With this book, readers will peek behind the curtain of the illusive world of crisis management – learning the best strategies and approaches along the way.Reputation Matters is an approachable and engaging read for any business professional. In addition to providing the reader with the essential knowledge required, Jonathan offers practical advice to cultivating and securing your reputation. This is complemented by a wide array of first-hand case studies from Jonathan's illustrious career which serve to both entertain the reader and bring colour and clarity to the book's valuable insights.
Reputation Matters: How to Protect Your Professional Reputation
by Jonathan CoadIn our modern landscape of social media, viral news stories and fake news, professional reputations can be far too easily dismantled and tarnished. But many senior leaders, entrepreneurs, politicians, talent managers and even in-house lawyers are unaware of the full scope of techniques, methods and precautions that can be taken to prevent, react to, and mitigate reputational crises.As the lines blur between traditional and social media while misinformation runs rampant, reputations have become both more precious and more fragile than ever. In Reputation Matters, Jonathan Coad draws upon his decades of expertise (both as one of the country's leading media lawyers and as a highly-regarded editorial lawyer) to provide the essential guide to protecting and managing the professional reputation of both yourself and your organization. Passivity in the face of public criticism is often perceived as implicit guilt, while an inadequate response only digs a deeper hole. With this book, readers will peek behind the curtain of the illusive world of crisis management – learning the best strategies and approaches along the way.Reputation Matters is an approachable and engaging read for any business professional. In addition to providing the reader with the essential knowledge required, Jonathan offers practical advice to cultivating and securing your reputation. This is complemented by a wide array of first-hand case studies from Jonathan's illustrious career which serve to both entertain the reader and bring colour and clarity to the book's valuable insights.
Reputation Management Online: America's "Right to Be Forgotten" (NCA Focus on Communication Studies)
by Ben MedeirosThis book examines the work of the public relations, technology, and legal professionals who provide online "reputation management" services, situating their work within contemporary debates about regulating speech on the internet. The author argues that legal solutions like the European "Right to Be Forgotten" are not really possible in the U.S., but that the private solutions of reputation management help to ameliorate novel concerns about reputation. At the same time, he contends that these practices prompt different free speech and dignitary concerns unique to the digital environment. Drawing upon rhetorical and legal analysis of diverse texts, including reputation management promotional materials, interviews with practitioners, legal cases, and popular online commentary about reputational disputes themselves, the book intervenes in specific debates about the regulation of the internet, as well as broader socio-legal debates about the role of reputation-damaging speech in a democratic society. This timely and relevant study will have great relevance for all students and scholars of communication studies, public relations, rhetoric, new and digital media, internet law, technology and society, computer mediated communication, and sociology.
Reputation Management Online: America's "Right to Be Forgotten" (NCA Focus on Communication Studies)
by Ben MedeirosThis book examines the work of the public relations, technology, and legal professionals who provide online "reputation management" services, situating their work within contemporary debates about regulating speech on the internet. The author argues that legal solutions like the European "Right to Be Forgotten" are not really possible in the U.S., but that the private solutions of reputation management help to ameliorate novel concerns about reputation. At the same time, he contends that these practices prompt different free speech and dignitary concerns unique to the digital environment. Drawing upon rhetorical and legal analysis of diverse texts, including reputation management promotional materials, interviews with practitioners, legal cases, and popular online commentary about reputational disputes themselves, the book intervenes in specific debates about the regulation of the internet, as well as broader socio-legal debates about the role of reputation-damaging speech in a democratic society. This timely and relevant study will have great relevance for all students and scholars of communication studies, public relations, rhetoric, new and digital media, internet law, technology and society, computer mediated communication, and sociology.
Reputation in Business: Lessons for Leaders
by Stuart ThomsonA compelling mix of reputation management, crisis leadership and the role of politics in business, this book provides unique practical steps that leaders can take to protect their reputations and those of the organisations they head in an ever more open social media-led world. Although leaders increasingly recognise the vital intangible asset that reputation represents, too many do not really understand what reputation is and the steps that should be taken to build it and their corporate value. Given the range of factors depending on the organisation, each aspect of its complex reputational story needs to be unpicked if a reputation is to be built, maintained and protected. This step by-step-guide offers advice on how to develop the strategies needed to do this, provides clear lessons throughout from a range of experts - and distinctively, looks beyond the corporate sector to charities, governments, NGOs and the public sector. Boards, trustees, non-executive directors, senior management, and leaders of all types of organisations need to consider the steps that should be taken to build, maintain and defend their reputation, and that means knowing what their reputation is and the audiences that matter most to them. This book is the roadmap.
Reputation in Business: Lessons for Leaders
by Stuart ThomsonA compelling mix of reputation management, crisis leadership and the role of politics in business, this book provides unique practical steps that leaders can take to protect their reputations and those of the organisations they head in an ever more open social media-led world. Although leaders increasingly recognise the vital intangible asset that reputation represents, too many do not really understand what reputation is and the steps that should be taken to build it and their corporate value. Given the range of factors depending on the organisation, each aspect of its complex reputational story needs to be unpicked if a reputation is to be built, maintained and protected. This step by-step-guide offers advice on how to develop the strategies needed to do this, provides clear lessons throughout from a range of experts - and distinctively, looks beyond the corporate sector to charities, governments, NGOs and the public sector. Boards, trustees, non-executive directors, senior management, and leaders of all types of organisations need to consider the steps that should be taken to build, maintain and defend their reputation, and that means knowing what their reputation is and the audiences that matter most to them. This book is the roadmap.
Reputation, Celebrity and Defamation Law
by David RolphTaking Robert Post's seminal article 'The Social Foundations of Reputation and the Constitution' as a starting point, this volume examines how the concept of reputation changes to reflect social, political, economic, cultural and technological developments. It suggests that the value of a good reputation is not immutable and analyzes the history and doctrines of defamation law in the US and the UK. A selection of Australian case studies illustrates different concepts of defamation law and offers insights into their specific nature. Drawing on approaches to celebrity in media and cultural studies, the author conceptualizes reputation as a media construct and explains how reputation as celebrity is of great contemporary relevance at this point in the history of defamation law.
Reputation, Celebrity and Defamation Law
by David RolphTaking Robert Post's seminal article 'The Social Foundations of Reputation and the Constitution' as a starting point, this volume examines how the concept of reputation changes to reflect social, political, economic, cultural and technological developments. It suggests that the value of a good reputation is not immutable and analyzes the history and doctrines of defamation law in the US and the UK. A selection of Australian case studies illustrates different concepts of defamation law and offers insights into their specific nature. Drawing on approaches to celebrity in media and cultural studies, the author conceptualizes reputation as a media construct and explains how reputation as celebrity is of great contemporary relevance at this point in the history of defamation law.
Reputation als Risikofaktor in technologieorientierten Unternehmen: Status Quo – Reputationstreiber – Bewertungsmodell
by Christian WeißensteinerDer künftige Erfolg bzw. Misserfolg eines Unternehmens wird nicht nur vom bilanziell ausgewiesenen Sachkapital geprägt, sondern insbesondere auch vom fragilen immateriellen Asset Reputation. Es erfordert viel Zeit, um diesen zentralen Vermögenswert erfolgreich aufzubauen, wogegen ein Eintritt reputationswirksamer Risiken eine nachhaltige Reputationsschädigung schnell herbeiführen kann. Christian Weißensteiner stellt ein theoretisch fundiertes Modell zur system immanenten Erweiterung des Risikomanagementprozesses vor, welches die mehrdimensionale und saliente Unternehmensreputation berücksichtigt. Wesentliche Reputationsbedrohungen werden systematisch und organisationsintern reflektiert und einer proaktiven Steuerung zugeführt, um einer Reputations-Destruktion vorzubeugen und somit das bedeutende immaterielle Asset Reputation nachhaltig zu bewahren.
The Repugnant Conclusion: Essays on Population Ethics (Library of Ethics and Applied Philosophy #15)
by Jesper Ryberg Torbjö TännsjöMost people (including moral philosophers), when faced with the fact that some of their cherished moral views lead up to the Repugnant Conclusion, feel that they have to revise their moral outlook. However, it is a moot question as to how this should be done. It is not an easy thing to say how one should avoid the Repugnant Conclusion, without having to face even more serious implications from one's basic moral outlook. Several such attempts are presented in this volume. This is the first volume devoted entirely to the cardinal problem of modern population ethics, known as 'The Repugnant Conclusion'. This book is a must for (moral) philosophers with an interest in population ethics.
Republicanism and Democracy: Close Friends? (Contributions to Political Science)
by Skadi Siiri Krause Dirk JörkeThis book discusses whether democracy and republicanism are identical, complementary, or contradicting ideas. The rediscovery of classic republicanism a few decades ago made it clear how profoundly modern notions of democracy had been shaped by the republican tradition. But defining these two concepts remains difficult, and the views diverge widely. The overarching aim of this book is to discuss the extent to which democracy and republicanism are identical, complementary or mutually contradicting ideals / ideas. Pursuing this open approach to the subject means calling into question a widely used formula according to which modern democracy is composed of liberal principles such as individualism, the rule of law and human rights, on the one hand, and of republican principles such as focusing on the common good and popular sovereignty, on the other. This book will appeal to students, researches, and scholars of political science interested in a better understanding of political theory and political history.
The Republican Reversal: Conservatives and the Environment from Nixon to Trump
by James Morton TurnerNot long ago Republicans took pride in their tradition of environmental leadership. The GOP helped create the EPA, extend the Clean Air Act, and protect endangered species. Today Republicans denounce climate change as a “hoax” and seek to dismantle environmental regulations. What happened? James Morton Turner and Andrew C. Isenberg provide answers.
Republican Principles in International Law: The Fundamental Requirements of a Just World Order
by M. SellersRepublican Principles in International Law considers the fundamental requirements of a just world order, as applied to public international law. This book sets the standard for legitimate government, both within and beyond the jurisdiction of separate states and nations.
Republican Legal Theory: The History, Constitution and Purposes of Law in a Free State
by M. SellersRepublican legal theory developed out of the jurisprudential and constitutional legacy of the Roman res publica as interpreted over two millennia in Europe and North America. In this book - the most comprehensive study of republican legal ideas to date - Professor Sellers traces the development of republican legal theory. Explaining the importance of popular sovereignty, the rule of law, the separation of powers and other essential republican legal characteristics, he argues that these republican institutions have introduced a new era of justice into politics.
Republican Europe (Modern Studies in European Law)
by Anna KocharovConstitutional orders constitute political communities – and international orders deriving from them – by managing conflicts that threaten peace. This book explores how a European political community can be advanced through EU constitutional law. The constitutional role of the Union is to ensure peace by addressing two types of conflict. The first are static conflicts of interests between the national polities in the EU. These are avoided by ensuring reciprocal non-interference between Member States in the Union through deregulation in Union law. The second are dynamic conflicts of ideas about positive liberty held by the peoples of Europe. These can be resolved through regulation in a European political space. Here, EU law enables a continuous process of re-negotiating a shared European idea of positive liberty that can be accepted as its own by each national polity in the EU. These solutions to the two types of conflicts correspond to the liberal and republican models for Europe. The claim of this book is that the constitutional design of Europe presents both liberal and republican features. Taking an innovative approach, which draws on arguments from substantive law, constitutional theory, case law analysis, insights from psychology and philosophy, it identifies how best to strengthen the Union through constitutional law.