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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.
Mapping Citizenship in India
by Anupama RoyContributing to the ongoing debates on citizenship, this book traces the Citizenship Act of India, 1955 from its inception, through the various amendments in 1986, 2003, and 2005. It includes detailed studies of other significant laws and judgments including the Abducted Persons (Recovery and Rehabilitation) Act (1949), and the Illegal Migrants Determination by Tribunals Act (1983) to show how citizenship unfolded among differentially located individuals, communities, and groups. The book argues that the citizenship laws in India show a steady movement towards the affirmation of citizenship's relationship with blood-ties and descent. The volume identifies amendments in the Citizenship Act as transitions which are framed by major historical choices and decisions. It examines the liminal categories of citizenship produced in the period between the commencement of the Constitution and the enactment of the Citizenship Act, which continue to make citizenship fraught with uncertainties and exclusions. Through a discussion of laws and judgments, the work also brings out the relationship between citizenship and migration in independent India, in particular in the wake of migration from Bangladesh and distress migration because of the breakdown of rural economies.
Maritime Fraud and Piracy (Maritime and Transport Law Library)
by Paul ToddThe main focus of this book is the impact of maritime fraud on contracts for sale and carriage, documentary credits and marine insurance. It covers all varieties of maritime fraud, from the most serious downwards, describing the methods employed and the risks to traders and carriers. At the serious end of the spectrum, pirates capture an entire ship, often murdering the entire crew, in order to sell the cargo (to which of course they have no title), later to use the “innocent” ship to pose as innocent traders. Less serious (but perhaps of greater interest to lawyers) are misdescriptions of cargo in, or backdating of, bills of lading, and other deceptions, usually practised on purchasers and banks.
Maritime Fraud and Piracy (Maritime and Transport Law Library)
by Paul ToddThe main focus of this book is the impact of maritime fraud on contracts for sale and carriage, documentary credits and marine insurance. It covers all varieties of maritime fraud, from the most serious downwards, describing the methods employed and the risks to traders and carriers. At the serious end of the spectrum, pirates capture an entire ship, often murdering the entire crew, in order to sell the cargo (to which of course they have no title), later to use the “innocent” ship to pose as innocent traders. Less serious (but perhaps of greater interest to lawyers) are misdescriptions of cargo in, or backdating of, bills of lading, and other deceptions, usually practised on purchasers and banks.
Measuring Damages in the Law of Obligations: The Search for Harmonised Principles
by Sirko HarderThis book challenges certain differences between contract, tort and equity in relation to the measure (in a broad sense) of damages. Damages are defined as the monetary award made by a court in consequence of a breach of contract, a tort or an equitable wrong. In all these causes of action, damages usually aim to put the claimant into the position the claimant would be in without the wrong. Even though the main objective of damages is thus the same for each cause of action, their measure is not.While some aspects of the measure of damages are more or less harmonised between contract, tort and equity (e.g. causation in fact and mitigation), significant differences exist in relation to (1) remoteness of damage, which is the question of whether, when and to which degree damage needs to be foreseeable to be recoverable;(2) the compensability of non-pecuniary loss such as pain and suffering, distress and loss of reputation;(3) the effect of contributory negligence, which is the victim's contribution to the occurrence of the wrong or the ensuing loss through unreasonable conduct prior to the wrong;(4) the circumstances under which victims of wrongs can claim the gain the wrongdoer has made from the wrong; and(5) the availability and scope of exemplary (or punitive) damages.For each of the five topics, this book examines the present position in contract, tort and equity and establishes the differences between the three areas. It goes on to scrutinise the arguments in defence of existing differences. The conclusion on each topic is that the present differences between contract, tort and equity cannot be justified on merits and should be removed through a harmonisation of the relevant principles.
Measuring Damages in the Law of Obligations: The Search for Harmonised Principles
by Sirko HarderThis book challenges certain differences between contract, tort and equity in relation to the measure (in a broad sense) of damages. Damages are defined as the monetary award made by a court in consequence of a breach of contract, a tort or an equitable wrong. In all these causes of action, damages usually aim to put the claimant into the position the claimant would be in without the wrong. Even though the main objective of damages is thus the same for each cause of action, their measure is not.While some aspects of the measure of damages are more or less harmonised between contract, tort and equity (e.g. causation in fact and mitigation), significant differences exist in relation to (1) remoteness of damage, which is the question of whether, when and to which degree damage needs to be foreseeable to be recoverable;(2) the compensability of non-pecuniary loss such as pain and suffering, distress and loss of reputation;(3) the effect of contributory negligence, which is the victim's contribution to the occurrence of the wrong or the ensuing loss through unreasonable conduct prior to the wrong;(4) the circumstances under which victims of wrongs can claim the gain the wrongdoer has made from the wrong; and(5) the availability and scope of exemplary (or punitive) damages.For each of the five topics, this book examines the present position in contract, tort and equity and establishes the differences between the three areas. It goes on to scrutinise the arguments in defence of existing differences. The conclusion on each topic is that the present differences between contract, tort and equity cannot be justified on merits and should be removed through a harmonisation of the relevant principles.