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Legality
by Scott J. ShapiroLegality is a profound work in analytical jurisprudence, the branch of legal philosophy which deals with metaphysical questions about the law. In the twentieth century, there have been two major approaches to the nature of law. The first and most prominent is legal positivism, which draws a sharp distinction between law as it is and law as it might be or ought to be. The second are theories that view law as embedded in a moral framework. Scott Shapiro is a positivist, but one who tries to bridge the differences between the two approaches. In Legality, he shows how law can be thought of as a set of plans to achieve complex human goals. His new “planning” theory of law is a way to solve the “possibility problem”, which is the problem of how law can be authoritative without referring to higher laws.
Legitimacy And Legality In International Law: An Interactional Account (PDF)
by Jutta Brunnée Stephen J. ToopeIt has never been more important to understand how international law enables and constrains international politics. By drawing together the legal theory of Lon Fuller and the insights of constructivist international relations scholars, this book articulates a pragmatic view of how international obligation is created and maintained. First, legal norms can only arise in the context of social norms based on shared understandings. Second, internal features of law, or 'criteria of legality', are crucial to law's ability to promote adherence, to inspire 'fidelity'. Third, legal norms are built, maintained or destroyed through a continuing practice of legality. Through case studies of the climate change regime, the anti-torture norm, and the prohibition on the use of force, it is shown that these three elements produce a distinctive legal legitimacy and a sense of commitment among those to whom law is addressed.
Legitimacy And Legality In International Law: An Interactional Account (PDF)
by Stephen J. Toope Jutta BrunnéeIt has never been more important to understand how international law enables and constrains international politics. By drawing together the legal theory of Lon Fuller and the insights of constructivist international relations scholars, this book articulates a pragmatic view of how international obligation is created and maintained. First, legal norms can only arise in the context of social norms based on shared understandings. Second, internal features of law, or 'criteria of legality', are crucial to law's ability to promote adherence, to inspire 'fidelity'. Third, legal norms are built, maintained or destroyed through a continuing practice of legality. Through case studies of the climate change regime, the anti-torture norm, and the prohibition on the use of force, it is shown that these three elements produce a distinctive legal legitimacy and a sense of commitment among those to whom law is addressed.
Legitimacy in EU Cartel Control (Modern Studies in European Law)
by Ingeborg SimonssonThis book examines the law developed by the EU to control cartels. The law, including case-law, is carefully documented and analysed against a standard oflegitimacy which questions the EU's enforcement measures, its institutional structures, policy choices, substantive law, evidentiary standards and procedures and sanctions. It includes a unique catalogue of over 150 EU cartel decisions, as well as novel analyses of difficult borderline issues such as mixed horizontal and vertical cartels, single-brand dealer cartels and buyer cartels. The effect on trade in cartel cases is analysed with reference to established law and deterrence theory. Throughout the book the author asks whether EU law also applies at the national level, or whether certain assessments need to be made according to national law. This approach makes the book particularly helpful for national authorities, courts and private practitioners. The book includes in-depth comparisons with US law as well as a comprehensive survey of the secondary (academic) literature on cartels. As such it presents not only a comprehensive practical view, but also a sound theoretical framework for better understanding cartel law. This is a work which will be of utmost importance to those working in competition authorities and competition courts in the EU Member States, as well as those working for EU institutions and in private practice and academia.
Life Science Ethics
by Gary L. ComstockDoes nature have intrinsic value? Should we be doing more to save wilderness and ocean ecosystems? What are our duties to future generations of humans? Do animals have rights? This revised edition of "Life Science Ethics" introduces these questions using narrative case studies on genetically modified foods, use of animals in research, nanotechnology, and global climate change, and then explores them in detail using essays written by nationally-recognized experts in the ethics field. Part I introduces ethics, the relationship of religion to ethics, how we assess ethical arguments, and a method ethicists use to reason about ethical theories. Part II demonstrates the relevance of ethical reasoning to the environment, land, farms, food, biotechnology, genetically modified foods, animals in agriculture and research, climate change, and nanotechnology. Part III presents case studies for the topics found in Part II.
The Limits of Criminal Law: A Comparative Analysis of Approaches to Legal Theorizing
by Carl Constantin LauterweinThis book compares the civil and common law approach to analyze the question - 'What sorts of conduct may the state legitimately make criminal?'. Through a comparative focus on an Australian and German context, this book utilizes interviews with Australian criminal law experts and contrasts them with the German model based on 'Rechtsgutstheorie'. By comparing the largely descriptive, criminology-based Australian approach with the more sophisticated German legal theory model the author finds the Australian approach to be suffering from a 'normative flaw', illustrated by the distinction of different approaches to the offences of incest, bestiality and possession of illicit drugs. Carl Constantin Lauterwein discovers that while there is strength in the common law approach of describing the possible reasons for criminalizing certain conduct, the approach could be significantly improved by scrutinizing the legitimacy of those reasons.
The Limits of Criminal Law: A Comparative Analysis of Approaches to Legal Theorizing
by Carl Constantin LauterweinThis book compares the civil and common law approach to analyze the question - 'What sorts of conduct may the state legitimately make criminal?'. Through a comparative focus on an Australian and German context, this book utilizes interviews with Australian criminal law experts and contrasts them with the German model based on 'Rechtsgutstheorie'. By comparing the largely descriptive, criminology-based Australian approach with the more sophisticated German legal theory model the author finds the Australian approach to be suffering from a 'normative flaw', illustrated by the distinction of different approaches to the offences of incest, bestiality and possession of illicit drugs. Carl Constantin Lauterwein discovers that while there is strength in the common law approach of describing the possible reasons for criminalizing certain conduct, the approach could be significantly improved by scrutinizing the legitimacy of those reasons.
Linchpin: Are You Indispensable? How to drive your career and create a remarkable future
by Seth GodinIn this 'compelling, accessible and purpose-filled book,' (Alan Webber, Founder, Fast Company) bestselling business author Seth Godin shows how you have the potential to make a big difference-and make yourself indispensable in the process-wherever you are.Why are some people easily outsourced, downsized, or freelanced into obscurity, while others have their pick of opportunities? In his most powerful book yet, Seth Godin argues that it's more essential than ever to become indispensable - to become a linchpin. Linchpins are the essential building blocks of great organizations: they invent, lead (regardless of title), connect others, make things happen, and create order out of chaos. They love their work and pour their best selves into it and turn each day into a kind of art - and, in today's world, they get the best jobs and the most freedom.Godin shows that the key to being indispensable is overcoming the fears that hold most of us back. If you have you ever found a shortcut that others missed, seen a new way to resolve a conflict, or made a connection with someone others couldn't reach, then you have what it takes to become indispensable. It's time to stop complying with the system and draw your own map.'Thousands of authors write business books every year, but only a handful reach star status and the A-list lecture circuit. Fewer still - one, to be exact - can boast his own action figure. . .Godin delivers his combination of counterintuitive thinking and a great sense of fun' BusinessWeek
Liner Conferences in Competition Law: A Comparative Analysis of European and Chinese Law (Hamburg Studies on Maritime Affairs #17)
by Hongyan LiuA liner conference, as a self-regulation organisational form of liner shipping companies, constitutes a typical "hard-core cartel" with significant anti-competitive effect. One of the main three trade routes of liner shipping traffic is the Europe-Asia Trade, on the two ends of which both the European Community (EC) and the People’s Republic of China (PRC) play important roles in the international liner shipping market. However, the competition regimes on liner conferences in both jurisdictions are not equivalent. From a comparative point of view, this book reviews the historical development of maritime policy and regulatory legislation in the EC and the PRC, catches insight into the system of regulation regime and individual provisions in substantive and procedural meaning, and finally provides a wide-ranging perspective on the future competition regulation in respect of the latest developments in both jurisdictions.
The Litigation State: Public Regulation and Private Lawsuits in the U.S.
by Sean FarhangOf the 1.65 million lawsuits enforcing federal laws over the past decade, 3 percent were prosecuted by the federal government, while 97 percent were litigated by private parties. When and why did private plaintiff-driven litigation become a dominant model for enforcing federal regulation? The Litigation State shows how government legislation created the nation's reliance upon private litigation, and investigates why Congress would choose to mobilize, through statutory design, private lawsuits to implement federal statutes. Sean Farhang argues that Congress deliberately cultivates such private lawsuits partly as a means of enforcing its will over the resistance of opposing presidents. Farhang reveals that private lawsuits, functioning as an enforcement resource, are a profoundly important component of American state capacity. He demonstrates how the distinctive institutional structure of the American state--particularly conflict between Congress and the president over control of the bureaucracy--encourages Congress to incentivize private lawsuits. Congress thereby achieves regulatory aims through a decentralized army of private lawyers, rather than by well-staffed bureaucracies under the president's influence. The historical development of ideological polarization between Congress and the president since the late 1960s has been a powerful cause of the explosion of private lawsuits enforcing federal law over the same period. Using data from many policy areas spanning the twentieth century, and historical analysis focused on civil rights, The Litigation State investigates how American political institutions shape the strategic design of legislation to mobilize private lawsuits for policy implementation.
The Litigation State: Public Regulation and Private Lawsuits in the U.S.
by Sean FarhangOf the 1.65 million lawsuits enforcing federal laws over the past decade, 3 percent were prosecuted by the federal government, while 97 percent were litigated by private parties. When and why did private plaintiff-driven litigation become a dominant model for enforcing federal regulation? The Litigation State shows how government legislation created the nation's reliance upon private litigation, and investigates why Congress would choose to mobilize, through statutory design, private lawsuits to implement federal statutes. Sean Farhang argues that Congress deliberately cultivates such private lawsuits partly as a means of enforcing its will over the resistance of opposing presidents. Farhang reveals that private lawsuits, functioning as an enforcement resource, are a profoundly important component of American state capacity. He demonstrates how the distinctive institutional structure of the American state--particularly conflict between Congress and the president over control of the bureaucracy--encourages Congress to incentivize private lawsuits. Congress thereby achieves regulatory aims through a decentralized army of private lawyers, rather than by well-staffed bureaucracies under the president's influence. The historical development of ideological polarization between Congress and the president since the late 1960s has been a powerful cause of the explosion of private lawsuits enforcing federal law over the same period. Using data from many policy areas spanning the twentieth century, and historical analysis focused on civil rights, The Litigation State investigates how American political institutions shape the strategic design of legislation to mobilize private lawsuits for policy implementation.
The Living Constitution (Inalienable Rights)
by David A. StraussSupreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.
Living With the Dragon: Acting Ethically in a World of Unintended Consequences
by Daryl KoehnThe book consists of a short introduction to the significance of unintended consequences and four chapters. The first chapter develops a typology of unintended consequences and distinguishes them from historical contingencies. The second chapter analyzes three types of causes of such consequences: worldly, practical and psychological causes. The third explores the significant problems these consequences pose for standard moral theories. The fourth and final chapter examines how we might begin both to think about and cope with unintended consequences in an ethically good way.
Living With the Dragon: Acting Ethically in a World of Unintended Consequences
by Daryl KoehnThe book consists of a short introduction to the significance of unintended consequences and four chapters. The first chapter develops a typology of unintended consequences and distinguishes them from historical contingencies. The second chapter analyzes three types of causes of such consequences: worldly, practical and psychological causes. The third explores the significant problems these consequences pose for standard moral theories. The fourth and final chapter examines how we might begin both to think about and cope with unintended consequences in an ethically good way.
Logik im Recht: Grundlagen und Anwendungsbeispiele (Springer-Lehrbuch)
by Jan C. JoerdenIn dem Lehr- und Studienbuch zeigt der Autor, in welchem Maße logische Strukturen das Rechtsdenken bestimmen. Er erläutert die wesentlichen logischen Grundlagen und ihre Anwendung auf dem Gebiet des Rechts. Zum einen führt dies zu einem tieferen Verständnis der juristischen Dogmatik und einer systematischen Durchdringung des Rechtsstoffs, zum anderen tragen die Überlegungen zwischen Logik und Rechtswissenschaft zu neuen Erkenntnissen bei. Behandelt werden verschiedene Strukturen des Rechts, u. a. relationenlogische und syllogistische Strukturen.
Loneliness as a Way of Life
by Thomas Dumm“What does it mean to be lonely?” Thomas Dumm asks. His inquiry, documented in this book, takes us beyond social circumstances and into the deeper forces that shape our very existence as modern individuals. The modern individual, Dumm suggests, is fundamentally a lonely self. Through reflections on philosophy, political theory, literature, and tragic drama, he proceeds to illuminate a hidden dimension of the human condition. His book shows how loneliness shapes the contemporary division between public and private, our inability to live with each other honestly and in comity, the estranged forms that our intimate relationships assume, and the weakness of our common bonds. A reading of the relationship between Cordelia and her father in Shakespeare’s King Lear points to the most basic dynamic of modern loneliness—how it is a response to the problem of the “missing mother.” Dumm goes on to explore the most important dimensions of lonely experience—Being, Having, Loving, and Grieving. As the book unfolds, he juxtaposes new interpretations of iconic cultural texts—Moby-Dick, Death of a Salesman, the film Paris, Texas, Emerson’s “Experience,” to name a few—with his own experiences of loneliness, as a son, as a father, and as a grieving husband and widower. Written with deceptive simplicity, Loneliness as a Way of Life is something rare—an intellectual study that is passionately personal. It challenges us, not to overcome our loneliness, but to learn how to re-inhabit it in a better way. To fail to do so, this book reveals, will only intensify the power that it holds over us.
Longevity and the Good Life
by A. FarrantAn assessment of some ethical implications of increasing life spans. Taking as a starting point the idea that to increase longevity is a form of medical enhancement, it examines the value of living longer; the means for extending life spans; the consequences of greater longevity for the fair distribution of resources and healthcare in particular.
LSAT Logic Games For Dummies
by Mark ZegarelliImprove your score on the Analytical Reasoning portion of the LSAT If you're like most test-takers, you find the infamous Analytical Reasoning or "Logic Games" section of the LSAT to be the most elusive and troublesome. Now there's help! LSAT Logic Games For Dummies takes the puzzlement out of the Analytical Reasoning section of the exam and shows you that it's not so problematic after all! This easy-to-follow guide examines the types of logic puzzles presented on the LSAT and offers step-by-step instructions for how best to correctly identify and solve each problem within the allocated time. Coverage of all six question types Detailed strategies for quickly and correctly recognizing and solving each question type Complete with loads of practice problems Whether you're preparing to take the LSAT for the first time or looking to improve a previous score, LSAT Logic Games For Dummies is the logical study companion for anyone looking to score high on the LSAT!
Machiavelli's Ethics
by Erica BennerMachiavelli's Ethics challenges the most entrenched understandings of Machiavelli, arguing that he was a moral and political philosopher who consistently favored the rule of law over that of men, that he had a coherent theory of justice, and that he did not defend the "Machiavellian" maxim that the ends justify the means. By carefully reconstructing the principled foundations of his political theory, Erica Benner gives the most complete account yet of Machiavelli's thought. She argues that his difficult and puzzling style of writing owes far more to ancient Greek sources than is usually recognized, as does his chief aim: to teach readers not how to produce deceptive political appearances and rhetoric, but how to see through them. Drawing on a close reading of Greek authors--including Thucydides, Xenophon, Plato, and Plutarch--Benner identifies a powerful and neglected key to understanding Machiavelli. This important new interpretation is based on the most comprehensive study of Machiavelli's writings to date, including a detailed examination of all of his major works: The Prince, The Discourses, The Art of War, and Florentine Histories. It helps explain why readers such as Bacon and Rousseau could see Machiavelli as a fellow moral philosopher, and how they could view The Prince as an ethical and republican text. By identifying a rigorous structure of principles behind Machiavelli's historical examples, the book should also open up fresh debates about his relationship to later philosophers, including Rousseau, Hobbes, and Kant.
Machiavelli's Ethics
by Erica BennerMachiavelli's Ethics challenges the most entrenched understandings of Machiavelli, arguing that he was a moral and political philosopher who consistently favored the rule of law over that of men, that he had a coherent theory of justice, and that he did not defend the "Machiavellian" maxim that the ends justify the means. By carefully reconstructing the principled foundations of his political theory, Erica Benner gives the most complete account yet of Machiavelli's thought. She argues that his difficult and puzzling style of writing owes far more to ancient Greek sources than is usually recognized, as does his chief aim: to teach readers not how to produce deceptive political appearances and rhetoric, but how to see through them. Drawing on a close reading of Greek authors--including Thucydides, Xenophon, Plato, and Plutarch--Benner identifies a powerful and neglected key to understanding Machiavelli. This important new interpretation is based on the most comprehensive study of Machiavelli's writings to date, including a detailed examination of all of his major works: The Prince, The Discourses, The Art of War, and Florentine Histories. It helps explain why readers such as Bacon and Rousseau could see Machiavelli as a fellow moral philosopher, and how they could view The Prince as an ethical and republican text. By identifying a rigorous structure of principles behind Machiavelli's historical examples, the book should also open up fresh debates about his relationship to later philosophers, including Rousseau, Hobbes, and Kant.
The Making of the Crofting Community
by James HunterThe Making of the Crofting Community has been seminal in bringing to the fore the injustices that have been inflicted on the Highlands in the name of government and landlord - injustices often lost in the name of dry statistics and academic balance.Written by a man who has gone on to become both an award-winning historian of the Highlands and a leading figure in the public life of the region, The Making of the Crofting Community has attracted praise, inspired debate, and provoked outrage and controversy over the years. This book remains necessary to challenge standard academic interpretations of the Highland past.
Managing Children in Disasters: Planning for Their Unique Needs
by Jane A. Bullock George Haddow Damon P. CoppolaEach year, disasters such as house fires, car accidents, tsunamis, earthquakes, and hurricanes impact hundreds of thousands of children. Child victims can suffer disproportionately and the physical and psychological damage sustained can far outweigh the same effects in adults, often requiring years of therapy. Sadly, emergency planners to date have
Managing Security Overseas: Protecting Employees and Assets in Volatile Regions
by Scott Alan AstThreats to multinational corporations come in two forms: natural and man-made. This book illustrates the types of risks that confront corporations when working outside of North America. It provides key tools and understanding that are required to do business in a safe and secure manner, no matter the level of risk. It walks through a logical framew
The Many Constitutions of Europe
by Suvi SankariThis volume makes a contribution to the ongoing lively discussion on European constitutionalism by offering a new perspective and a new interpretation of European constitutional plurality. The book combines diverse disciplinary approaches to the constitutional debate. It brings together complementing contributions from scholars of European politics, economics, and sociology, as well as established scholars from various fields of law. Moreover, it provides analytical clarity to the discussion and combines theory with more practical and critical approaches that make use of the constitutional toolbox in analysing the tensions between the different constitutions. The collection is a valuable point of reference not only for scholars interested in European studies but also for graduate and post-graduate students.
The Many Constitutions of Europe
by Suvi SankariThis volume makes a contribution to the ongoing lively discussion on European constitutionalism by offering a new perspective and a new interpretation of European constitutional plurality. The book combines diverse disciplinary approaches to the constitutional debate. It brings together complementing contributions from scholars of European politics, economics, and sociology, as well as established scholars from various fields of law. Moreover, it provides analytical clarity to the discussion and combines theory with more practical and critical approaches that make use of the constitutional toolbox in analysing the tensions between the different constitutions. The collection is a valuable point of reference not only for scholars interested in European studies but also for graduate and post-graduate students.