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The Oxford Handbook of Administrative Justice (Oxford Handbooks)
by Marc Hertogh Richard Kirkham Robert Thomas Joe TomlinsonThe Oxford Handbook of Administrative Justice examines the wide range of scholarship exploring the administrative decisions made by public authorities that affect individual citizens and the mechanisms available for the provision of redress. The Handbook identifies and provides a survey of key transnational themes in administrative justice research, considers theoretical and methodological approaches to administrative justice, and provides a view of the future of administrative justice research. One aspect of administrative justice, namely the study of law and administration, is a core component of law school syllabuses and scholarly research around the world. For many public lawyers, this area of study has been focused heavily on legalistic redress systems (e.g. judicial review). Justice against administrations, however, is delivered through a much broader range of mechanisms than legalistic processes alone: fair initial decision-making procedures, internal review systems, ombuds, administrative tribunals/adjudication, and other institutions play a vital role. Despite their importance to modern governance across the globe (and to the lives of individual citizens), these broader aspects of administrative justice have been left relatively neglected and under-researched, and the Handbook represents a groundbreaking achievement in establishing administrative justice research as a vital and discrete area of study. The Oxford Handbook of Administrative Justice will be an essential resource for legal scholars and social scientists wishing to understand the complexity of this important field.
The Oxford Handbook of Administrative Justice (Oxford Handbooks)
by Richard Kirkham Robert Thomas Marc Hertogh Joe TomlinsonThe Oxford Handbook of Administrative Justice examines the wide range of scholarship exploring the administrative decisions made by public authorities that affect individual citizens and the mechanisms available for the provision of redress. The Handbook identifies and provides a survey of key transnational themes in administrative justice research, considers theoretical and methodological approaches to administrative justice, and provides a view of the future of administrative justice research. One aspect of administrative justice, namely the study of law and administration, is a core component of law school syllabuses and scholarly research around the world. For many public lawyers, this area of study has been focused heavily on legalistic redress systems (e.g. judicial review). Justice against administrations, however, is delivered through a much broader range of mechanisms than legalistic processes alone: fair initial decision-making procedures, internal review systems, ombuds, administrative tribunals/adjudication, and other institutions play a vital role. Despite their importance to modern governance across the globe (and to the lives of individual citizens), these broader aspects of administrative justice have been left relatively neglected and under-researched, and the Handbook represents a groundbreaking achievement in establishing administrative justice research as a vital and discrete area of study. The Oxford Handbook of Administrative Justice will be an essential resource for legal scholars and social scientists wishing to understand the complexity of this important field.
The Grammar of Criminal Law: Volume Two: International Criminal Law
by George P. FletcherTo understand the international legal order in the field of criminal law, we need to ask three elementary questions. What is international law? What is criminal law? And what happens to these two fields when they are joined together? Volume Two of The Grammar of Criminal Law sets out to answer these questions through a series of twelve dichotomies - such as law vs. justice, intention vs. negligence, and causation vs. background events - that invite the reader to better understand the jurisprudential foundations of international criminal law. The book will appeal to anyone interested in the future of international cooperation in a time of national retrenchment, and will be of interest to students, scholars, and policymakers around the world.
The Grammar of Criminal Law: Volume Two: International Criminal Law
by George P. FletcherTo understand the international legal order in the field of criminal law, we need to ask three elementary questions. What is international law? What is criminal law? And what happens to these two fields when they are joined together? Volume Two of The Grammar of Criminal Law sets out to answer these questions through a series of twelve dichotomies - such as law vs. justice, intention vs. negligence, and causation vs. background events - that invite the reader to better understand the jurisprudential foundations of international criminal law. The book will appeal to anyone interested in the future of international cooperation in a time of national retrenchment, and will be of interest to students, scholars, and policymakers around the world.
Impeachment: What Everyone Needs to Know® (What Everyone Needs To Know®)
by Michael J. GerhardtImpeachment: What Everyone Needs to Know® is the step back and deep reflection on the law of impeachment that everyone needs now. Written in an accessible and lively question-and-answer format, it offers a timely explanation of the impeachment process from its very meaning to its role in politics today. The book defines the scope of impeachable offenses, and how the Constitution provides alternative procedures and sanctions for addressing misconduct in office. It explains why the only two presidential impeachments, those of Andrew Johnson and Bill Clinton, failed to lead to conviction, and how the impeachments of federal judges illuminate the law and politics of the process. As a legal expert and the only joint witness in the impeachment proceedings against President Clinton, author Michael J. Gerhardt also explores a question frequently asked-will Donald Trump be impeached? This book does not take a side in the debate over the possible impeachment of the president; instead, it is a primer for anyone eager to learn about impeachment's origins, practices, limitations, and alternatives.
IMPEACHMENT WENK C: What Everyone Needs to Know® (What Everyone Needs To Know®)
by Michael J. GerhardtImpeachment: What Everyone Needs to Know® is the step back and deep reflection on the law of impeachment that everyone needs now. Written in an accessible and lively question-and-answer format, it offers a timely explanation of the impeachment process from its very meaning to its role in politics today. The book defines the scope of impeachable offenses, and how the Constitution provides alternative procedures and sanctions for addressing misconduct in office. It explains why the only two presidential impeachments, those of Andrew Johnson and Bill Clinton, failed to lead to conviction, and how the impeachments of federal judges illuminate the law and politics of the process. As a legal expert and the only joint witness in the impeachment proceedings against President Clinton, author Michael J. Gerhardt also explores a question frequently asked-will Donald Trump be impeached? This book does not take a side in the debate over the possible impeachment of the president; instead, it is a primer for anyone eager to learn about impeachment's origins, practices, limitations, and alternatives.
Tethered Fates: Companies, Communities, and Rights at Stake
by Shareen HertelSince the 1990s, human rights advocates, business leaders, and consumers have become increasingly attuned to mitigating sweatshop labor and other abuses in the supply chains that manufacture the clothing, electronics, and countless other products that we buy and use each day. But we know surprisingly little about how companies interact with people in the communities beyond the factory's walls. In many cases, community members are left out of the process of identifying both risks and solutions to problems in global supply chains, including how global companies could add social value in the localities where they operate. Business, governments, and civil society are supposed to be jointly responsible for shaping the remedies available to people harmed in the course of business activity, wherever it takes place. However, the answer to the question of how to do this remains underdeveloped and poorly executed. This book explores the conditions under which local communities and companies can work with one another and the types of remedies available in one of the most widespread and challenging sectors: light manufacturing. Tethered Fates draws on quantitative data (including the 7,000-company database of the Business and Human Rights Resource Centre) and original qualitative data to analyze regional and industry-specific trends in stakeholder dialogue globally and at the local level. The book features original interviews with community members in two factory towns in the Dominican Republic, whose perspectives shed light on the prospects for dialogue with companies and the challenges of everyday life in towns where light manufacturing takes place. Tethered Fates does more than simply explain why stakeholder dialogue often falls short as a vehicle for safeguarding economic rights and promoting community development. It also offers an assessment of the varieties of emerging policy alternatives for moving beyond the current state of practice.
TETHERED FATES C: Companies, Communities, and Rights at Stake
by Shareen HertelSince the 1990s, human rights advocates, business leaders, and consumers have become increasingly attuned to mitigating sweatshop labor and other abuses in the supply chains that manufacture the clothing, electronics, and countless other products that we buy and use each day. But we know surprisingly little about how companies interact with people in the communities beyond the factory's walls. In many cases, community members are left out of the process of identifying both risks and solutions to problems in global supply chains, including how global companies could add social value in the localities where they operate. Business, governments, and civil society are supposed to be jointly responsible for shaping the remedies available to people harmed in the course of business activity, wherever it takes place. However, the answer to the question of how to do this remains underdeveloped and poorly executed. This book explores the conditions under which local communities and companies can work with one another and the types of remedies available in one of the most widespread and challenging sectors: light manufacturing. Tethered Fates draws on quantitative data (including the 7,000-company database of the Business and Human Rights Resource Centre) and original qualitative data to analyze regional and industry-specific trends in stakeholder dialogue globally and at the local level. The book features original interviews with community members in two factory towns in the Dominican Republic, whose perspectives shed light on the prospects for dialogue with companies and the challenges of everyday life in towns where light manufacturing takes place. Tethered Fates does more than simply explain why stakeholder dialogue often falls short as a vehicle for safeguarding economic rights and promoting community development. It also offers an assessment of the varieties of emerging policy alternatives for moving beyond the current state of practice.
The Oxford Handbook of Ethnographies of Crime and Criminal Justice (Oxford Handbooks)
Despite ethnography's long and distinguished history in the social sciences, its use in criminology is still relatively rare. Over the years, however, ethnographers in the United States and abroad have amassed an impressive body of work on core criminological topics and groups, including gang members, sex workers, drug dealers, and drug users. Ethnographies on criminal justice institutions have also flourished, with studies on police, courts, and prisons providing deep insights into how these organizations operate and shape the lives of people who encounter them. The Oxford Handbook of Ethnographies of Crime and Criminal Justice provides critical and current reviews of key research topics, issues, and debates that crime ethnographers have been grappling with for over a century. This volume brings together an outstanding group of ethnographers to discuss various research traditions, the ethical and pragmatic challenges associated with conducting crime-related fieldwork, relevant policy recommendations for practitioners in the field, and areas of future research for crime ethnographers. In addition to exhaustive overview essays, the handbook also presents case studies that serve as exemplars for how ethnographic inquiry can contribute to our understanding of crime and criminal justice-related topics.
The Oxford Handbook of Ethnographies of Crime and Criminal Justice (Oxford Handbooks)
by Sandra M. Bucerius, Kevin D. Haggerty and Luca BerardiDespite ethnography's long and distinguished history in the social sciences, its use in criminology is still relatively rare. Over the years, however, ethnographers in the United States and abroad have amassed an impressive body of work on core criminological topics and groups, including gang members, sex workers, drug dealers, and drug users. Ethnographies on criminal justice institutions have also flourished, with studies on police, courts, and prisons providing deep insights into how these organizations operate and shape the lives of people who encounter them. The Oxford Handbook of Ethnographies of Crime and Criminal Justice provides critical and current reviews of key research topics, issues, and debates that crime ethnographers have been grappling with for over a century. This volume brings together an outstanding group of ethnographers to discuss various research traditions, the ethical and pragmatic challenges associated with conducting crime-related fieldwork, relevant policy recommendations for practitioners in the field, and areas of future research for crime ethnographers. In addition to exhaustive overview essays, the handbook also presents case studies that serve as exemplars for how ethnographic inquiry can contribute to our understanding of crime and criminal justice-related topics.
Beyond Roe: Why Abortion Should be Legal--Even if the Fetus is a Person
by David BooninMost arguments for or against abortion focus on one question: is the fetus a person? In this provocative and important book, David Boonin defends the claim that even if the fetus is a person with the same right to life you and I have, abortion should still be legal, and most current restrictions on abortion should be abolished. Beyond Roe points to a key legal precedent: McFall v. Shimp. In 1978, an ailing Robert McFall sued his cousin, David Shimp, asking the court to order Shimp to provide McFall with the bone marrow he needed. The court ruled in Shimp's favor and McFall soon died. Boonin extracts a compelling lesson from the case of McFall v. Shimp--that having a right to life does not give a person the right to use another person's body even if they need to use that person's body to go on living-and he uses this principle to support his claim that abortion should be legal and far less restricted than it currently is, regardless of whether the fetus is a person. By taking the analysis of the right to life that Judith Jarvis Thomson pioneered in a moral context and applying it in a legal context in this novel way, Boonin offers a fresh perspective that is grounded in assumptions that should be accepted by both sides of the abortion debate. Written in a lively, conversational style, and offering a case study of the value of reason in analyzing complex social issues, Beyond Roe will be of interest to students and scholars in a variety of fields, and to anyone interested in the debate over whether government should restrict or prohibit abortion.
Beyond Roe: Why Abortion Should be Legal--Even if the Fetus is a Person
by David BooninMost arguments for or against abortion focus on one question: is the fetus a person? In this provocative and important book, David Boonin defends the claim that even if the fetus is a person with the same right to life you and I have, abortion should still be legal, and most current restrictions on abortion should be abolished. Beyond Roe points to a key legal precedent: McFall v. Shimp. In 1978, an ailing Robert McFall sued his cousin, David Shimp, asking the court to order Shimp to provide McFall with the bone marrow he needed. The court ruled in Shimp's favor and McFall soon died. Boonin extracts a compelling lesson from the case of McFall v. Shimp--that having a right to life does not give a person the right to use another person's body even if they need to use that person's body to go on living-and he uses this principle to support his claim that abortion should be legal and far less restricted than it currently is, regardless of whether the fetus is a person. By taking the analysis of the right to life that Judith Jarvis Thomson pioneered in a moral context and applying it in a legal context in this novel way, Boonin offers a fresh perspective that is grounded in assumptions that should be accepted by both sides of the abortion debate. Written in a lively, conversational style, and offering a case study of the value of reason in analyzing complex social issues, Beyond Roe will be of interest to students and scholars in a variety of fields, and to anyone interested in the debate over whether government should restrict or prohibit abortion.
The Birth of Ethics: Reconstructing the Role and Nature of Morality (The Berkeley Tanner Lectures)
by Philip PettitImagine a human society, perhaps in pre-history, in which people were generally of a psychological kind with us, had the use of natural language to communicate with one another, but did not have any properly moral concepts in which to exhort one another to meet certain standards and to lodge related claims and complaints. According to The Birth of Ethics, the members of that society would have faced a set of pressures, and made a series of adjustments in response, sufficient to put them within reach of ethical concepts. Without any planning, they would have more or less inevitably evolved a way of using such concepts to articulate desirable patterns of behavior and to hold themselves and one another responsible to those standards. Sooner or later, they would have entered ethical space. While this central claim is developed as a thesis in conjectural history or genealogy, the aim of the exercise is philosophical. Assuming that it explains the emergence of concepts and practices that are more or less equivalent to ours, the story offers us an account of the nature and role of morality. It directs us to the function that ethics plays in human life and alerts us to the character in virtue of which it can serve that function. The emerging view of morality has implications for the standard range of questions in meta-ethics and moral psychology, and enables us to understand why there are divisions in normative ethics like that between consequentialist and Kantian approaches.
The Birth of Ethics: Reconstructing the Role and Nature of Morality (The Berkeley Tanner Lectures)
by Philip PettitImagine a human society, perhaps in pre-history, in which people were generally of a psychological kind with us, had the use of natural language to communicate with one another, but did not have any properly moral concepts in which to exhort one another to meet certain standards and to lodge related claims and complaints. According to The Birth of Ethics, the members of that society would have faced a set of pressures, and made a series of adjustments in response, sufficient to put them within reach of ethical concepts. Without any planning, they would have more or less inevitably evolved a way of using such concepts to articulate desirable patterns of behavior and to hold themselves and one another responsible to those standards. Sooner or later, they would have entered ethical space. While this central claim is developed as a thesis in conjectural history or genealogy, the aim of the exercise is philosophical. Assuming that it explains the emergence of concepts and practices that are more or less equivalent to ours, the story offers us an account of the nature and role of morality. It directs us to the function that ethics plays in human life and alerts us to the character in virtue of which it can serve that function. The emerging view of morality has implications for the standard range of questions in meta-ethics and moral psychology, and enables us to understand why there are divisions in normative ethics like that between consequentialist and Kantian approaches.
Ideas That Matter: Democracy, Justice, Rights
The essays in this volume take off from themes in the work of eminent philosopher and political scientist Joshua Cohen. Cohen is a deeply influential thinker who has written on deliberative democracy, freedom of expression, Rawlsian theory, global justice, and human rights. The essays gathered here both engage with Cohen's work and expand upon it, embodying his commitment to the idea that analytical work by philosophers and social scientists matters to our shared public life and to democracy itself. The contributors offer novel perspectives on pressing issues of public policy from accountability for sexual violence to exploitation in international trade. The volume is organized around three central ideas. The first concerns democracy, specifically how we can improve collective decision-making both by elucidating our normative principles and enacting institutional changes. The second idea centers on how we confront injustice, investigating the role of emotions, social norms, and culture in democratic politics and public discussion. The final section explores how we develop political principles and values in an interdependent world, one in which theories of justice and forms of cooperation are increasingly extending beyond the state. The principle uniting this collection is that ideas matter-they can guide us in understanding how to confront difficult global problems such as the fragility of democratic institutions, the place of sovereignty in a globalizing world, and the persistence of racial injustice.
IDEAS THAT MATTER C: Democracy, Justice, Rights
by Debra Satz and Annabelle LeverThe essays in this volume take off from themes in the work of eminent philosopher and political scientist Joshua Cohen. Cohen is a deeply influential thinker who has written on deliberative democracy, freedom of expression, Rawlsian theory, global justice, and human rights. The essays gathered here both engage with Cohen's work and expand upon it, embodying his commitment to the idea that analytical work by philosophers and social scientists matters to our shared public life and to democracy itself. The contributors offer novel perspectives on pressing issues of public policy from accountability for sexual violence to exploitation in international trade. The volume is organized around three central ideas. The first concerns democracy, specifically how we can improve collective decision-making both by elucidating our normative principles and enacting institutional changes. The second idea centers on how we confront injustice, investigating the role of emotions, social norms, and culture in democratic politics and public discussion. The final section explores how we develop political principles and values in an interdependent world, one in which theories of justice and forms of cooperation are increasingly extending beyond the state. The principle uniting this collection is that ideas matter-they can guide us in understanding how to confront difficult global problems such as the fragility of democratic institutions, the place of sovereignty in a globalizing world, and the persistence of racial injustice.
The Retrieval of Liberalism in Policing
by Luke William HuntThere is a growing sense that many liberal states are in the midst of a shift in legal and political norms - a shift that is happening slowly and for a variety of security-related reasons. The internet and tech booms that are paving the way for new forms of electronic surveillance predated the 9/11 attacks by several years, while the police's vast use of secret informants and deceptive operations began well before that. On the other hand, the recent uptick in reactionary movements - movements in which the rule of law seems expendable - began many years after 9/11 and continues to this day. In The Retrieval of Liberalism in Policing, Luke William Hunt provides an account of how policing in liberal societies has become illiberal, in light of both internal and external threats to security. Hunt provides an examination of the moral limits on modern police practices that flow from the basic legal and philosophical tenets of the liberal tradition, arguing that policing in liberal states is constrained by a liberal conception of persons coupled with particular principles of the rule of law. Part I lays out the book's theoretical foundation, beginning with an overview of the police's law enforcement role in the liberal polity and a methodology for evaluating that role. Part II addresses applications of that theory, including the police's use of informants, deceptive operations, and surveillance. Hunt concludes by emphasizing how the liberal conception of persons and the rule of law constrain policing from multiple foundational stances, making the key point that policing in liberal societies has become illiberal in light of its response to both internal and external threats to security. Overall, this book provides an account of what it might mean to retrieve policing that is consistent with the basic tenets of liberalism and the limits imposed by those tenets.
The Retrieval of Liberalism in Policing
by Luke William HuntThere is a growing sense that many liberal states are in the midst of a shift in legal and political norms - a shift that is happening slowly and for a variety of security-related reasons. The internet and tech booms that are paving the way for new forms of electronic surveillance predated the 9/11 attacks by several years, while the police's vast use of secret informants and deceptive operations began well before that. On the other hand, the recent uptick in reactionary movements - movements in which the rule of law seems expendable - began many years after 9/11 and continues to this day. In The Retrieval of Liberalism in Policing, Luke William Hunt provides an account of how policing in liberal societies has become illiberal, in light of both internal and external threats to security. Hunt provides an examination of the moral limits on modern police practices that flow from the basic legal and philosophical tenets of the liberal tradition, arguing that policing in liberal states is constrained by a liberal conception of persons coupled with particular principles of the rule of law. Part I lays out the book's theoretical foundation, beginning with an overview of the police's law enforcement role in the liberal polity and a methodology for evaluating that role. Part II addresses applications of that theory, including the police's use of informants, deceptive operations, and surveillance. Hunt concludes by emphasizing how the liberal conception of persons and the rule of law constrain policing from multiple foundational stances, making the key point that policing in liberal societies has become illiberal in light of its response to both internal and external threats to security. Overall, this book provides an account of what it might mean to retrieve policing that is consistent with the basic tenets of liberalism and the limits imposed by those tenets.
Ethics of Artificial Intelligence
As Artificial Intelligence (AI) technologies rapidly progress, questions about the ethics of AI, in both the near-future and the long-term, become more pressing than ever. This volume features seventeen original essays by prominent AI scientists and philosophers and represents the state-of-the-art thinking in this fast-growing field. Organized into four sections, this volume explores the issues surrounding how to build ethics into machines; ethical issues in specific technologies, including self-driving cars, autonomous weapon systems, surveillance algorithms, and sex robots; the long term risks of superintelligence; and whether AI systems can be conscious or have rights. Though the use and practical applications of AI are growing exponentially, discussion of its ethical implications is still in its infancy. This volume provides an invaluable resource for thinking through the ethical issues surrounding AI today and for shaping the study and development of AI in the coming years.
ETHICS OF ARTIFICIAL INTELLIGENCE C
by S. Matthew LiaoAs Artificial Intelligence (AI) technologies rapidly progress, questions about the ethics of AI, in both the near-future and the long-term, become more pressing than ever. This volume features seventeen original essays by prominent AI scientists and philosophers and represents the state-of-the-art thinking in this fast-growing field. Organized into four sections, this volume explores the issues surrounding how to build ethics into machines; ethical issues in specific technologies, including self-driving cars, autonomous weapon systems, surveillance algorithms, and sex robots; the long term risks of superintelligence; and whether AI systems can be conscious or have rights. Though the use and practical applications of AI are growing exponentially, discussion of its ethical implications is still in its infancy. This volume provides an invaluable resource for thinking through the ethical issues surrounding AI today and for shaping the study and development of AI in the coming years.
The Oxford Handbook of Consequentialism (Oxford Handbooks)
Consequentialism is a major moral theory in contemporary philosophy: it is the view that the only thing that matters when making moral decisions is the outcome of those decisions. Consequentialists hold that to morally assess an act, we must first evaluate and rank the various ways that things could turn out depending on whether it or some alternative act is performed. Whether we should perform that act thus depends on how its outcome ranks relative to those of its alternatives. Consequentialism rivals deontology, contractualism, and virtue ethics, but, more importantly, it has influenced contemporary moral philosophy such that the consequentialist/non-consequentialist distinction is one of the most central in normative ethics. After all, every plausible moral theory must concede that the goodness of an act's consequences is something that matters, even if it's not the only thing that matters. Thus, all plausible moral theories will accept that both 1) an act's producing good consequences constitutes a moral reason to perform it, and 2) the better its consequences, the more of a moral reason there is to perform it. In this way, much of consequentialist ethical theory is important for normative ethics in general. This Oxford Handbook contains thirty-two previously unpublished contributions by top moral philosophers examining the current state of play in consequentialism and pointing to new directions for future research. The volume is organized into four major sections: foundational issues; objections to consequentialism; its forms and limits; and consequentialism's implications for policy, practice, and social reform.
The Oxford Handbook of Consequentialism (Oxford Handbooks)
by Douglas W. PortmoreConsequentialism is a major moral theory in contemporary philosophy: it is the view that the only thing that matters when making moral decisions is the outcome of those decisions. Consequentialists hold that to morally assess an act, we must first evaluate and rank the various ways that things could turn out depending on whether it or some alternative act is performed. Whether we should perform that act thus depends on how its outcome ranks relative to those of its alternatives. Consequentialism rivals deontology, contractualism, and virtue ethics, but, more importantly, it has influenced contemporary moral philosophy such that the consequentialist/non-consequentialist distinction is one of the most central in normative ethics. After all, every plausible moral theory must concede that the goodness of an act's consequences is something that matters, even if it's not the only thing that matters. Thus, all plausible moral theories will accept that both 1) an act's producing good consequences constitutes a moral reason to perform it, and 2) the better its consequences, the more of a moral reason there is to perform it. In this way, much of consequentialist ethical theory is important for normative ethics in general. This Oxford Handbook contains thirty-two previously unpublished contributions by top moral philosophers examining the current state of play in consequentialism and pointing to new directions for future research. The volume is organized into four major sections: foundational issues; objections to consequentialism; its forms and limits; and consequentialism's implications for policy, practice, and social reform.
Feelings Transformed: Philosophical Theories of the Emotions, 1270-1670 (Emotions of the Past)
by Dominik PerlerWhat are emotions? How do they arise? How do they relate to other mental and bodily states? And what is their specific structure? The book discusses these questions, focusing on medieval and early modern theories. It looks at a great number of authors, ranging from Aquinas to Spinoza, and shows that they gave sophisticated accounts of human emotions. They were particularly interested in the way we cope with our emotions: how we can change or perhaps even overcome them? To answer this question, medieval and early modern philosophers looked at the cognitive content of emotions, for they were all convinced that we need to work on that content if we want to change them. The book therefore pays particular attention to the intimate relationship between theories of emotions and theories of cognition. Moreover, the book emphasizes the importance of the metaphysical framework for medieval and early modern theories of emotions. It was a transformation of this framework that made new theories possible. Starting with an analysis of the Aristotelian framework, the book then looks at skeptical, dualist and monist frameworks, and it examines how the nature of emotions was explained in each of them. The discussion also takes the theological and scientific context into account, for changes in this context quite often gave rise to new problems - problems that concerned the love of God, the joy of resurrected souls, or the fear arising in a soul that is present in a body. All of these problems are examined on the basis of close textual analysis.
The Oxford Handbook of Prosecutors and Prosecution (Oxford Handbooks)
by Ronald F. Wright Kay L. Levine Russell M. GoldThe power of the modern prosecutor arises from several features of the criminal justice landscape: widespread use of law and order political rhetoric and heightened fear of crime among voters; legislatures' embrace of extreme sentencing ranges to respond to such concerns; and the uncertain or limited accountability of prosecutors to the electorate, the bar, or other political and professional constituencies. The convergence of these trends has transformed prosecution into an indispensable field of study. This volume brings together the work of leading international scholars across criminology, sociology, political science, and law - along with contributions from reform-minded practitioners - to examine a variety of issues in prosecutorial behaviour and the institutional structures that frame their behavior. The Handbook connects the dots among existing theoretical and empirical research related to prosecutors. Major sections of the volume cover (1) prosecutor performance during distinct phases of a criminal case, (2) the features of the prosecutor's environment, both inside the office and external to the office, that influence the choices of individual prosecutors and office leaders, and (3) prosecutorial strategies and priorities when dealing with specialized types of crimes, victims, and defendants. Taken together, the chapters in this volume identify the founding texts, discuss leading theoretical and methodological approaches, explain the scope of unresolved issues, and preview where this field is headed. The volume provides a bottom-up view of an important new scholarly field.
The Oxford Handbook of Prosecutors and Prosecution (Oxford Handbooks)
by Ronald F. Wright Kay L. Levine Russell M. GoldThe power of the modern prosecutor arises from several features of the criminal justice landscape: widespread use of law and order political rhetoric and heightened fear of crime among voters; legislatures' embrace of extreme sentencing ranges to respond to such concerns; and the uncertain or limited accountability of prosecutors to the electorate, the bar, or other political and professional constituencies. The convergence of these trends has transformed prosecution into an indispensable field of study. This volume brings together the work of leading international scholars across criminology, sociology, political science, and law - along with contributions from reform-minded practitioners - to examine a variety of issues in prosecutorial behaviour and the institutional structures that frame their behavior. The Handbook connects the dots among existing theoretical and empirical research related to prosecutors. Major sections of the volume cover (1) prosecutor performance during distinct phases of a criminal case, (2) the features of the prosecutor's environment, both inside the office and external to the office, that influence the choices of individual prosecutors and office leaders, and (3) prosecutorial strategies and priorities when dealing with specialized types of crimes, victims, and defendants. Taken together, the chapters in this volume identify the founding texts, discuss leading theoretical and methodological approaches, explain the scope of unresolved issues, and preview where this field is headed. The volume provides a bottom-up view of an important new scholarly field.