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Public Interest Rules of International Law: Towards Effective Implementation
by Teruo KomoriThis book clarifies factors that play an important role in securing the effectiveness of legal regimes that aim to protect public interests of the international community. In Part 1, the authors focus on theoretical problems arising in the implementation process of those legal regimes from both a constitutional and functional perspective. In Parts 2 through Part 4, they pay attention to practical issues in the implementation process of particular legal regimes, in light of what interpretation or measures are legitimate from the perspective of protecting public interests. This book incorporates an idea of public law into the theoretical framework of international law which has been mainly constructed on the theory of private law in domestic legal systems. In contrast to many books which focus on the role of the procedural and material factors in the implementation process of various institutions and rules, this book emphasises the role of normative factors in securing effectiveness of public interests-oriented rules and is a valuable resource for both academics and policy makers working in this area.
Public Interest Rules of International Law: Towards Effective Implementation
by Teruo KomoriThis book clarifies factors that play an important role in securing the effectiveness of legal regimes that aim to protect public interests of the international community. In Part 1, the authors focus on theoretical problems arising in the implementation process of those legal regimes from both a constitutional and functional perspective. In Parts 2 through Part 4, they pay attention to practical issues in the implementation process of particular legal regimes, in light of what interpretation or measures are legitimate from the perspective of protecting public interests. This book incorporates an idea of public law into the theoretical framework of international law which has been mainly constructed on the theory of private law in domestic legal systems. In contrast to many books which focus on the role of the procedural and material factors in the implementation process of various institutions and rules, this book emphasises the role of normative factors in securing effectiveness of public interests-oriented rules and is a valuable resource for both academics and policy makers working in this area.
Public Participation and Better Environmental Decisions: The Promise and Limits of Participatory Processes for the Quality of Environmentally Related Decision-making
by Frans H. J M. CoenenPublic Participation and Better Environmental Decisions is about a specific ‘promise’ that participation holds for environmental decision-making. Many of the arguments for public participation in (inter)national environmental policy documents are functional, that is to say they see public participation as a means to an end. Sound solutions to environmental problems require participation beyond experts and political elites. Neglecting information from the public leads to legitimacy questions and potential conflicts. There is a discourse in the literature and in policy practice as to whether decision-making improves in quality as additional relevant information by the public is considered. The promise that public participation holds has to be weighed against the limitations of public participation in terms of costs and interest conflicts. The question that Public Participation and Better Environmental Decisions seeks to answer for academics, planners and civil servants in all environmental relevant policy fields is: What restricts and what enables information to hold the ‘promise’ that public participation lead to better environmental decision-making and better outcomes?
Public Policy Values
by J. StewartMore and more policy issues involve issues that are explicitly values-based, yet public policy analysis tends to skirt around the question of values. Public Policy Values overcomes this reluctance by showing how public policies enable values-choices to be made, often without seeming to do so.
Punitive Damages: Common Law And Civil Law Perspectives (Tort and Insurance Law #25)
by Helmut KoziolWith the growing literature on the subject of punitive damages, the consensus is that it seems worthwhile and even necessary to discuss, thoroughly and on a comparative basis, the nature, role and suitability of such damages in tort law and private law in general. This book contains reports from selected jurisdictions that explicitly allow the award of punitive damages as well as from jurisdictions which purport (sometimes emphatically) to deny their existence (although a number covertly incorporate such damages into the framework of their tort systems). It benefits from an economic analysis of punitive damages, a report from a private international law perspective, one on their insurability and one on aggravated damages. The book’s comparative report and conclusion critically evaluates the material in the above reports and advances a thorough analysis of the nature of punitive damages, the cases for and against them, and their suitability in the field of tort law. Alternative remedies in private and criminal law are also considered. The publication will appeal to students, academics, practitioners, judges, policy makers and those in the insurance industry.
Quantitation and Mass Spectrometric Data of Drugs and Isotopically Labeled Analogs
by Ray H. Liu Dennis V. Canfield Sheng-Meng WangThe analysis of drugs and their metabolites in biological media are now expected to routinely achieve � 20% accuracy in the ng/mL concentration level. Therefore, the availability and the selection of quality ion-pairs designating the analytes and their isotopically labeled analogs (ILAs) are important considerations in achieving the accuracy of qua
Queer Theology: Rethinking the Western Body
by Gerard LoughlinQueer Theology makes an important contribution to public debate about Christianity and sex. A remarkable collection of specially commissioned essays by some of the brightest and best of Anglo-American scholars Edited by one of the leading theologians working at the interface between religion and contemporary culture Reconceptualizes the body and its desires Enlarges the meaningfulness of Christian sexuality for the good of the Church Proposes that bodies are the mobile products of changing discourses and regimes of power.
The Quest for the Description of the Law
by Reidar EdvinssonMy dissertation for LLD (or JSD) Att beskriva rätten (To Describe Law), which was written under my bachelor surname of Andréasson, was presented for public exa- nation on Nov 4, 2004. Since then the text has been developed in two separate directions. On the one hand, three of the chapters have been made more accessible to students of jurisprudence and have been included in the second edition of the te- book Rättsfilosofi, samhälle och moral genom tiderna edited by Joakim Nergelius. On the other hand, the whole dissertation has been revised, translated and published as the present book. In the time that has passed since my dissertation, many things have changed. On the personal level, my friend and tutor, Aleksander Peczenick, was sadly taken away from my circle of colleagues. In contrast to that sad event, I have spent two nine-month periods on paternity leave, raising my two children, Selma and Bernhard. This past year, I have decided to move from theory to practice and have started working in a court of law. During my work on the dissertation, I had the opportunity to spend a rewarding term at Rutgers University in Camden, NJ visiting Professor Dennis Patterson. Since this book is a continuation of that project, it feels appropriate to repeat my thanks to Professor Patterson and STINT (The Swedish Foundation for International Cooperation in Research and Higher Education) for making that visit possible.
Quo Vadis Medical Healing: Past Concepts and New Approaches (International Library of Ethics, Law, and the New Medicine #44)
by S. Elm Stefan N. WillichMedical healing implies knowledge of the assumptions that underlie our understanding of "health," and, concomitantly, how we define well being and its opposites, illness and disease. Today, health, health care (business, wellness, recreation), and medicine (especially research-driven scientific medicine) have become separate entities with different institutions, budgets, marketing philosophies and "corporate cultures". Furthermore, healing is individual and subjective, yet at the same time also culturally determined. The present volume brings together papers on these topics in an unique interdisciplinary approach. The book provides an ethical framework for healthcare from a political perspective. It discusses definitions of the terminology of healing and health and their ethical and medical implications including their historical contexts. A separate section expands the theme of the cultural constructedness of healing by the concepts of traditional Chinese medicine and homeopathy. Modern medicine has a strong focus on acute care, which urgently needs to place greater emphasis on preventive medicine including the crucial importance of social factors on health and on the emergence of "public health". The point of view of Business Concepts, their potential and limitations are by no means neglected and the legal ramifications of genetic research and innovative medical strategies with regard to some of our most foundational notions are discussed.
Race, Rights, and Justice (Law and Philosophy Library #85)
by J. Angelo CorlettRace, Rights, and Justice explores questions of the nature of law and constitutional interpretation, international law and global justice, and the nature, function, and importance of rights each from a perspective that takes seriously the realities of race and racism. After a critical assessment of various contemporary theories of law is provided, a new theory of legal interpretation is set forth and defended. The respective words of Immanuel Kant and H.L.A. Hart on the possibility and desirability of international law are carefully explicated. Following this, Race, Rights, and Justice defends John Rawls' Law of Peoples from the cosmopolitan liberal critique of it. The nature and importance of rights, both individual and collective, are clarified while correcting some political philosophies that have propagated confused rhetoric about rights. And the collective right to humanitarian intervention is investigated philosophically in terms of the recent problems in Colombia, with surprisingly original results. While the methodology of this book is thoroughly analytical, philosophically speaking, some of the conclusions drawn are substantially original, infusing the facts of race and racism into mainstream matters of philosophy of law. "In this collection of essays, J. Angelo Corlett continues his important work of bringing the perspective of indigenous peoples, and more generally of race, into mainstream philosophical debates about justice and rights. Corlett's book also has very valuable insights into the nature of international law that will greatly enrich our contemporary debates." (Larry May, Washington University in St. Louis, USA) "Angelo Corlett is a prolific writer whose work is invariably stimulating, provocative, and insightful. Race, Rights, and Justice is an important addition to the oeuvre. Corlett is not afraid to tackle big problems, and big names. See, for example, his scathing criticisms of Bork and Scalia on constitutional interpretation." (Burleigh T. Wilkins, University of California, Santa Barbara, USA)
Radical Passivity: Rethinking Ethical Agency in Levinas (Library of Ethics and Applied Philosophy #20)
by Benda HofmeyrLevinas’s ethical metaphysics is essentially a meditation on what makes ethical agency possible – that which enables us to act in the interest of another, to put the well-being of another before our own. This line of questioning found its inception in and drew its inspiration from the mass atrocities that occurred during the Second World War. The Holocaust , like the Cambodian genocide, or those in Rwanda and Srebrenica, exemplifies what have come to be known as the ‘never again’ situations. After these events, we looked back each time, with varying degrees of incomprehension, horror, anger and shame, asking ourselves how we could possibly have let it all happen again. And yet, atrocity crimes are still rampant. After Rwanda (1994) and Bosnia-Herzegovina (1992–1995), came Kosovo (1999) and Darfur (2003). In our present-day world , hate crimes motivated by racial, sexual, or other prejudice, and mass hate such as genocide and terror, are on the rise (think, for example, of Burma, Zimbabwe, Sri Lanka and North Korea). A critical revaluation of the conditions of possibility of ethical agency is therefore more necessary than ever. This volume is committed to the possibility of ‘never again’. It is dedicated to all the victims – living and dead – of what Levinas calls the ‘sober, Cain-like coldness’ at the root of all crime against humanity , as much as every singular crime against another human being .
Reading Bernard Williams
by Daniel CallcutWhen Bernard Williams died in 2003, the Times newspaper hailed him ‘as the greatest moral philosopher of his generation’. This outstanding collection of specially commissioned new essays on Williams's work is essential reading for anyone interested in Williams, ethics and moral philosophy and philosophy in general.Reading Bernard Williams examines the astonishing scope of his philosophy from metaphysics and philosophy of mind to ethics, political philosophy and the history of philosophy. An international line up of outstanding contributors discuss, amongst others, the following central aspects of Williams's work: Williams's challenge to contemporary moral philosophy and his criticisms of 'absolute' theories of morality reason and rationality the good life the emotions Williams and the phenomenological tradition philosophical and political agency moral and political luck ethical relativism Contributors : Simon Blackburn; John Cottingham; Frances Ferguson; Joshua Gert; Peter Goldie; Charles Guignon; Sharon Krause; Christopher Kutz; Daniel Markovits; Elijah Millgram; Martha Naussbaum; Carol Rovane
Reading Bernard Williams
by Daniel CallcutWhen Bernard Williams died in 2003, the Times newspaper hailed him ‘as the greatest moral philosopher of his generation’. This outstanding collection of specially commissioned new essays on Williams's work is essential reading for anyone interested in Williams, ethics and moral philosophy and philosophy in general.Reading Bernard Williams examines the astonishing scope of his philosophy from metaphysics and philosophy of mind to ethics, political philosophy and the history of philosophy. An international line up of outstanding contributors discuss, amongst others, the following central aspects of Williams's work: Williams's challenge to contemporary moral philosophy and his criticisms of 'absolute' theories of morality reason and rationality the good life the emotions Williams and the phenomenological tradition philosophical and political agency moral and political luck ethical relativism Contributors : Simon Blackburn; John Cottingham; Frances Ferguson; Joshua Gert; Peter Goldie; Charles Guignon; Sharon Krause; Christopher Kutz; Daniel Markovits; Elijah Millgram; Martha Naussbaum; Carol Rovane
A Real Mind: The Life and Work of Axel Hägerström (Law and Philosophy Library #87)
by Patricia MindusThis comprehensive presentation of Axel Hägerström (1868-1939) fills a void in nearly a century of literature, providing both the legal and political scholar and the non-expert reader with a proper introduction to the father of Scandinavian realism. Based on his complete work, including unpublished material and personal correspondence selected exclusively from the Uppsala archives, A Real Mind follows the chronological evolution of Hägerström’s intellectual enterprise and offers a full account of his thought. The book summarizes Hägerström’s main arguments while enabling further critical assessment, and tries to answer such questions as: If norms are neither true nor false, how can they be adequately understood on the basis of Hägerström’s theory of knowledge? Did the founder of the Uppsala school uphold emotivism in moral philosophy? What consequences does such a standpoint have in practical philosophy? Is he really the inspiration behind Scandinavian state absolutism?A Real Mind places the complex web of issues addressed by Hägerström within the broader context of 20th century philosophy, stretching from epistemology to ethics. His philosophy of law is examined in the core chapters of the book, with emphasis on the will-theory and the relation between law and power. The narrative is peppered with vignettes from Hägerström’s life, giving an insightful and highly readable portrayal of a thinker who put his imprint on legal theory. The appendix provides a selected bibliography and a brief synopsis of the major events in his life, both private and intellectual.
Reason in Law: Eighth Edition
by Lief Carter Tom BurkeArguing that good legal reasoning remains the best device by which we can ensure that judicial impartiality, the rule of law, and social trust and peace are preserved, Thomas F. Burke and Lief H. Carter present an accessible and lively text that analyzes the politics of the judicial process. Looking at the larger social and institutional contexts that affect the rule of law - including religious beliefs and media coverage of the courts - Reason in Law uses cases ripped from the headlines to illustrate its theory in real-world practice.
Reason in Law
by Lief Carter Tom BurkeArguing that good legal reasoning remains the best device by which we can ensure that judicial impartiality, the rule of law, and social trust and peace are preserved, Thomas F. Burke and Lief H. Carter present an accessible and lively text that analyzes the politics of the judicial process. Looking at the larger social and institutional contexts that affect the rule of law - including religious beliefs and media coverage of the courts - Reason in Law uses cases ripped from the headlines to illustrate its theory in real-world practice.
Reasonableness and Law (Law and Philosophy Library #86)
by Giorgio Bongiovanni Giovanni Sartor Chiara ValentiniReasonableness is at the centre of legal debate, both in academic circles and in practice. This unique reference work adopts an interdisciplinary perspective, merging jurisprudence, legal theory, political philosophy and the different branches of law. All aspects relating to reasonableness and law are addressed by the most prominent scholars in the field. In the first part of the book, the focus is on jurisprudential analyses of the concept of reasonableness and on its moral, political and constitutional implications. In the second part, reasonableness is examined in the different fields of law like Public, Private and International Law. Here in more detail the practical consequences of reasonableness are worked out, making this work of interest to practitioners as well as legal theorists.
Rechnungslegung und Wettbewerbsschutz im deutschen und europäischen Recht (MPI Studies on Intellectual Property and Competition Law #7)
by Wolfgang SchönDas Werk widmet sich einem zunehmend fühlbaren Konflikt im Unternehmensrecht: Einerseits sind Unternehmen steigenden Offenlegungspflichten unterworfen, andererseits werden diese Daten vielfach von Konkurrenten, Zulieferern oder Abnehmern genutzt, um ihre eigene Wettbewerbssituation verbessern. Das Buch analysiert die zivil-, kartell-, verfassungs- und europarechtlichen Grundlagen, beschreibt die handelsrechtlichen und gesellschaftsrechtlichen Regelungen und schlägt vor dem Hintergrund einer ökonomischen Analyse Möglichkeiten zur Neuregelung vor.
Recht und Pflicht in der medizinischen Humanforschung: Zu den rechtlichen Grenzen der kontrollierten Studie
by Friedrich FreierDer Autor untersucht die Legitimationsbedingungen kontrollierter Therapiestudien sowie die Rechtsprobleme von Trendaufklärung, Randomisierung, Verblindung und Placebokontrolle. Eine Systematisierung der Rechtfertigungsgründe für Forschungseingriffe führt zur Verteidigung der Notwendigkeit eigener oder fürsorglich-stellvertretender aufgeklärter Einwilligung oder ihrer Mutmaßung. Methodisch leitend ist eine interdisziplinäre Synthese rechtlicher, rechtstheoretischer, medizinethischer und wissenschaftstheoretische Argumente.
Rechtshandbuch Facility Management
by Tobias Gabriel Markus J. Goetzmann Regina Lamm Nils MrazekDer Band liefert erstmals eine umfassende Zusammenstellung der rechtlichen Grundlagen des Facility Managements. Behandelt werden vertragliche und prozessuale Fragen sowie die Themen Betriebsübergang, öffentliche Vergabe von Facility Management Leistungen und Betreiberpflichten. Das Buch richtet sich an immobilienrechtlich ausgerichtete Kanzleien, Anbieter von Facility Management Leistungen, Investoren, Immobilienverwaltungen der öffentlichen Hand sowie Berater auf dem Gebiet Facility Management.
Reconsidering Sex Crimes and Offenders: Prosecution or Persecution? (Non-ser.)
by Laura J. Zilney Lisa A. ZilneyThis examination of our nation's sex crime laws and the social attitudes behind them argues that many citizens are being pursued as sex offenders for nonviolent and oftentimes consensual sexual behaviors.Cutting through the hysteria and hype, Reconsidering Sex Crimes and Offenders: Prosecution or Persecution? argues that while convicted violent sex offenders certainly should be punished, many laws targeting minor sexual offenses are outdated, overly severe, and too concerned with satisfying public outrage driven by distortions, misconceptions, and sensationalistic media coverage.Reconsidering Sex Crimes and Offenders is sure to challenge readers' understanding of who a sex offender is, how they should be treated, and how best to protect the community from such offenders. The book looks at how the legal definitions of certain offenses have changed over time and then explores a series of real-life case studies. Readers will discover how some citizens have been targeted and punished for consensual acts—including homosexuality, polygamy, and pornography. Additional coverage considers a number of highly controversial laws—from residency restrictions to the death penalty—and the media's role in fueling public support for them.
Recovery of Gray Wolves in the Great Lakes Region of the United States: An Endangered Species Success Story
by Adrian P. Wydeven Edward Heske Timothy R. DeelenIn this book, we document and evaluate the recovery of gray wolves (Canis lupus) in the Great Lakes region of the United States. The Great Lakes region is unique in that it was the only portion of the lower 48 states where wolves were never c- pletely extirpated. This region also contains the area where many of the first m- ern concepts of wolf conservation and research where developed. Early proponents of wolf conservation such as Aldo Leopold, Sigurd Olson, and Durward Allen lived and worked in the region. The longest ongoing research on wolf–prey relations (see Vucetich and Peterson, Chap. 3) and the first use of radio telemetry for studying wolves (see Mech, Chap. 2) occurred in the Great Lakes region. The Great Lakes region is the first place in the United States where “Endangered” wolf populations recovered. All three states (Minnesota, Wisconsin, and Michigan) developed ecologically and socially sound wolf conservation plans, and the federal government delisted the population of wolves in these states from the United States list of endangered and threatened species on March 12, 2007 (see Refsnider, Chap. 21). Wolf management reverted to the individual states at that time. Although this delisting has since been challenged, we believe that biological recovery of wolves has occurred and anticipate the delisting will be restored. This will be the first case of wolf conservation reverting from the federal government to the state conser- tion agencies in the United States.
Red Hot Lies (An Izzy McNeil Novel #1)
by Laura CaldwellUsually I pride myself on my intuition. I listen to that voice that says, “Something bad is appening…” or maybe “Get out. Now. ”
Red, White & Dead (An Izzy McNeil Novel #3)
by Laura CaldwellA few short months before, I’d juggled three men in my life, and then suddenly there were none.
Redefining Family Law in India
by Archana Parashar Amita DhandaThis volume is a collection of articles by scholars across disciplines to create a discourse of family law independent of Religious Personal Law, whilst striving for fairness and justice to all. It demonstrates the artificiality of the public–private divide and seeks the systematic development of ideas for a fair and just family law in contemporary India.The book does not merely document the pathologies of power within the family but also makes proposals for remedying these inequities. It is not confined to considering what changes need to be inducted into existing family law to make it more just, but also strategises on the means and methods of effecting the change. It lifts the familial veil and scrutinises the status, rights and disabilities of some of the subordinated members of the family. The volume is an invitation to redefine family law with the twin tools of reflection and responsibility.It will interest those in law judges, legislators, law reformers as well as those in women and family studies, policy makers and policy analysts, apart from the general reader.