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The United Nations and Human Rights: A Critical Appraisal

The very concept of human rights implies governmental accountability. To ensure that governments are indeed held accountable for their treatment of citizens and others the United Nations has established a wide range of mechanisms to monitor compliance, and to seek to prevent as well as respond to violations. The panoply of implementation measures that the UN has taken since 1945 has resulted in a diverse and complex set of institutional arrangements, the effectiveness of which varies widely. Indeed, there is much doubt as to the effectiveness of much of the UN's human rights efforts but also about what direction it should take. Inevitable instances of politicization and the hostile, or at best ambivalent, attitude of most governments, has at times endangered the fragile progress made on the more technical fronts. At the same time, technical efforts cannot dispense with the complex politics of actualizing the promise of human rights at and through the UN. In addition to significant actual and potential problems of duplication, overlapping and inconsistent approaches, there are major problems of under-funding and insufficient expertise. The complexity of these arrangements and the difficulty in evaluating their impact makes a comprehensive guide of the type provided here all the more indispensable. These essays critically examine the functions, procedures, and performance of each of the major UN organs dealing with human rights, including the Security Council and the International Court of Justice as well as the more specialized bodies monitoring the implementation of human rights treaties. Significant attention is devoted to the considerable efforts at reforming the UN's human rights machinery, as illustrated most notably by the creation of the Human Rights Council to replace the Commission on Human Rights. The book also looks at the relationship between the various bodies and the potential for major reforms and restructuring.

Risk and Negligence in Wills, Estates, and Trusts

Risk and Negligence in Wills, Estates, and Trusts provides essential guidance for all will draftsmen. It offers in-depth analysis of negligence and wills, together with commentary on safe practice and the avoidance of risk. Together the areas covered provide a framework for the safe practice that is now essential in this much disputed area of work. This updated edition examines the new developments in will preparation and what is needed for safe practice as well as the important cases since the last edition. This work contains indispensable practical guidance, tailored to meet the demands of all those involved in wills, trusts, and estates and disputes relating to them. Practical advice in establishing best practice to avoid disputes is given and the appendices include practical forms and checklists to assist this. In addition there is analysis of the allied subjects of estate and trust administration and commonly encountered problem areas. A section also concentrates on duties in relation to taxation aspects of this work. Negligence and private client work is a fast developing area of modern law. The recent financial crisis has helped to focus attention closely on what risk is and how it should be managed. This has not merely been in the financial sector but in all areas of business. The legal profession has seen some major financial failures and an operating climate that is increasingly difficult. The rise in PI claims, the insurers' restrictions on cover, and the increased cost of cover have led to an increased focus on professional ability and risk management. Therefore, knowledge of the risks, what constitutes safe practice, and how to manage risk, are essential for anyone practising in this area.

Witness Testimony in Sexual Cases: Evidential, Investigative and Scientific Perspectives

Sexual cases are inherently complex and sometimes controversial presenting the practitioner with a multitude of procedural and legal challenges. The increasing number of sexual cases, often historic, places significant demands upon the criminal justice system. Sexual crime is recognised as a specialist area which demands unique skills from the practitioner and handling witness testimony in these cases calls for skills and knowledge that encompass both law and science. Witness Testimony in Sexual Cases focuses on legal and scientific considerations that arise when obtaining and evaluating sexual complaint testimony. It provides comprehensive and balanced coverage of this difficult and challenging topic across the complete spectrum of involvement in the legal process. This book equips legal professionals with an understanding of current legal and scientific issues when investigating, evaluating and testing witness testimony in sexual cases. Using a didactic approach the book combines an exposition on the law and procedure with a range of specialist perspectives on cognitive processes pertaining to vulnerable and non-vulnerable witnesses. The book identifies psychiatric and psychological factors that may enhance or impair the quality of witness testimony for instance where a witness suffers from mental health problems or where long-term memory recall is involved. The book provides practitioners with an understanding of factors which tend to undermine the reliability of witness testimony, but also focuses on those factors which may enhance witness quality. Witness Testimony in Sexual Cases draws together learning not readily available and encourages an integral and rigorous approach to the analysis of witness testimony in the special context of sexual cases.

Witness Testimony in Sexual Cases: Evidential, Investigative and Scientific Perspectives

Sexual cases are inherently complex and sometimes controversial presenting the practitioner with a multitude of procedural and legal challenges. The increasing number of sexual cases, often historic, places significant demands upon the criminal justice system. Sexual crime is recognised as a specialist area which demands unique skills from the practitioner and handling witness testimony in these cases calls for skills and knowledge that encompass both law and science. Witness Testimony in Sexual Cases focuses on legal and scientific considerations that arise when obtaining and evaluating sexual complaint testimony. It provides comprehensive and balanced coverage of this difficult and challenging topic across the complete spectrum of involvement in the legal process. This book equips legal professionals with an understanding of current legal and scientific issues when investigating, evaluating and testing witness testimony in sexual cases. Using a didactic approach the book combines an exposition on the law and procedure with a range of specialist perspectives on cognitive processes pertaining to vulnerable and non-vulnerable witnesses. The book identifies psychiatric and psychological factors that may enhance or impair the quality of witness testimony for instance where a witness suffers from mental health problems or where long-term memory recall is involved. The book provides practitioners with an understanding of factors which tend to undermine the reliability of witness testimony, but also focuses on those factors which may enhance witness quality. Witness Testimony in Sexual Cases draws together learning not readily available and encourages an integral and rigorous approach to the analysis of witness testimony in the special context of sexual cases.

International Charitable Giving

Recent years have seen increased interest in international philanthropy and cross-border charitable giving. A new generation of high-net-worth individuals, keen to dedicate part of their wealth to philanthropic purposes, and an increasingly global charitable landscape raise a range of complex issues. What is a 'charity'? Does that definition vary from one jurisdiction to another? Are domestic charities taxed differently to foreign organizations? Written by a team of experts from around the world, International Charitable Giving provides a detailed and much-needed treatment of the interaction between the various legal systems at play in this complicated area of the law. By untangling the many issues facing practitioners, it facilitates clear and comprehensive advice to donors and recipients alike. The book provides a comprehensive picture of the most important issues relevant to charitable giving and philanthropy worldwide, including taxation, issues surrounding money laundering and terrorist financing, and the role of EU Law. Alongside a thorough discussion of the broader issues impacting on charitable donation, the book includes a range of chapters on specific national legal systems, including Switzerland, Israel, and Hong Kong, as well as a chapter on Islamic Law. Each of the jurisdictions has been selected because of its tradition of charitable giving and relevance to the transfer of charitable monies internationally, as well as its importance in relation to the jurisprudence in the field. Expertly written, these chapters provide a detailed survey of the laws, regulations, and policies governing charities and their activities in the relevant jurisdiction, together with an examination of the procedures to be followed for tax-efficient transborder charitable giving.

The Oxford Handbook of the Use of Force in International Law (Oxford Handbooks)

The prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition ofThe prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition of the use of force over the past two decades. This Oxford Handbook is a comprehensive and authoritative study of the modern law on the use of force. Over seventy experts in the field offer a detailed analysis, and to an extent a restatement, of the law in this area. The Handbook reviews the status of the law on the use of force, and assesses what changes, if any, have occurred in consequence to recent developments. It offers cutting-edge and up-to-date scholarship on all major aspects of the prohibition of the use of force. The work is set in context by an extensive introductory section, reviewing the history of the subject, recent challenges, and addressing major conceptual approaches. Its second part addresses collective security, in particular the law and practice of the United Nations organs, and of regional organizations and arrangements. It then considers the substance of the prohibition of the use of force, and of the right to self-defence and associated doctrines. The next section is devoted to armed action undertaken on behalf of peoples and populations. This includes self-determination conflicts, resistance to armed occupation, and forcible humanitarian and pro-democratic action. The possibility of the revival of classical, expansive justifications for the use of force is then addressed. This is matched by a final section considering new security challenges and the emerging law in relation to them. Finally, the key arguments developed in the book are tied together in a substantive conclusion. The Handbook will be essential reading for scholars and students of international law and the use of force, and legal advisers to both government and NGOs.

The Oxford Handbook of the Use of Force in International Law (Oxford Handbooks)

The prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition ofThe prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition of the use of force over the past two decades. This Oxford Handbook is a comprehensive and authoritative study of the modern law on the use of force. Over seventy experts in the field offer a detailed analysis, and to an extent a restatement, of the law in this area. The Handbook reviews the status of the law on the use of force, and assesses what changes, if any, have occurred in consequence to recent developments. It offers cutting-edge and up-to-date scholarship on all major aspects of the prohibition of the use of force. The work is set in context by an extensive introductory section, reviewing the history of the subject, recent challenges, and addressing major conceptual approaches. Its second part addresses collective security, in particular the law and practice of the United Nations organs, and of regional organizations and arrangements. It then considers the substance of the prohibition of the use of force, and of the right to self-defence and associated doctrines. The next section is devoted to armed action undertaken on behalf of peoples and populations. This includes self-determination conflicts, resistance to armed occupation, and forcible humanitarian and pro-democratic action. The possibility of the revival of classical, expansive justifications for the use of force is then addressed. This is matched by a final section considering new security challenges and the emerging law in relation to them. Finally, the key arguments developed in the book are tied together in a substantive conclusion. The Handbook will be essential reading for scholars and students of international law and the use of force, and legal advisers to both government and NGOs.

The UN Declaration on the Rights of Indigenous Peoples: A Commentary (Oxford Commentaries on International Law)

The rights of indigenous peoples under international law have seen significant change in recent years, as various international bodies have attempted to address the question of how best to protect and enforce their rights. The United Nations Declaration on the Rights of Indigenous Peoples is the strongest statement thus far by the international community on this issue. The Declaration was adopted by the United Nations on 13 September 2007, and sets out the individual and collective rights of indigenous peoples, as well as their rights to culture, identity, language, employment, health, education, and other issues. While it is not a legally binding instrument under international law, it represents the development of international legal norms designed to eliminate human rights violations against indigenous peoples, and to help them in combating discrimination and marginalisation. This comprehensive commentary on the Declaration analyses in detail both the substantive content of the Declaration and the position of the Declaration within existing international law. It considers the background to the text of every Article of the Declaration, including the travaux préparatoire, the relevant drafting history, and the context in which the provision came to be included in the Declaration. It sets out each provision's content, interpretation, its relationship with other principles of international law, and its legal status. It also discusses the significance and outlook for each of the rights analysed. The book assesses the practice of relevant regional and international bodies in enforcing the rights of indigenous peoples, providing an understanding of the practical application of the Declaration's principles. It is an indispensible resource for scholars, students, international organisations, and NGOs working on the rights of indigenous peoples

The UN Declaration on the Rights of Indigenous Peoples: A Commentary (Oxford Commentaries on International Law)

The rights of indigenous peoples under international law have seen significant change in recent years, as various international bodies have attempted to address the question of how best to protect and enforce their rights. The United Nations Declaration on the Rights of Indigenous Peoples is the strongest statement thus far by the international community on this issue. The Declaration was adopted by the United Nations on 13 September 2007, and sets out the individual and collective rights of indigenous peoples, as well as their rights to culture, identity, language, employment, health, education, and other issues. While it is not a legally binding instrument under international law, it represents the development of international legal norms designed to eliminate human rights violations against indigenous peoples, and to help them in combating discrimination and marginalisation. This comprehensive commentary on the Declaration analyses in detail both the substantive content of the Declaration and the position of the Declaration within existing international law. It considers the background to the text of every Article of the Declaration, including the travaux préparatoire, the relevant drafting history, and the context in which the provision came to be included in the Declaration. It sets out each provision's content, interpretation, its relationship with other principles of international law, and its legal status. It also discusses the significance and outlook for each of the rights analysed. The book assesses the practice of relevant regional and international bodies in enforcing the rights of indigenous peoples, providing an understanding of the practical application of the Declaration's principles. It is an indispensible resource for scholars, students, international organisations, and NGOs working on the rights of indigenous peoples

EU Law in Criminal Practice

The law of the EU has an increasing effect on domestic criminal law and poses a growing number of questions to practitioners and their clients. What happens if a client has commited a crime in another country? What if crimes have been committed in multiple countries? What limits does the EU impose on sentencing? In what circumstances can a European Arrest Warrant be granted, and how can a Warrant be challenged? What will be the impact on EU law measures if the UK Government exercises an opt-out? Answering these questions, and offering clear, practical assistance to those working in this complex area, EU Law in Criminal Practice is the only book to offer a comprehensive and practical guide to the interplay between European Union law and UK criminal practice. It enables the busy criminal practitioner to understand the legal landscape that the Treaty of Lisbon created, offering a thorough and practitioner-focused analysis of the relevant regulations and case law. From explanation of the institutional framework through to the substantive law of offences, sentencing, and appeals, the book is an invaluable guide for all engaged in modern criminal practice.

EU Law in Criminal Practice

The law of the EU has an increasing effect on domestic criminal law and poses a growing number of questions to practitioners and their clients. What happens if a client has commited a crime in another country? What if crimes have been committed in multiple countries? What limits does the EU impose on sentencing? In what circumstances can a European Arrest Warrant be granted, and how can a Warrant be challenged? What will be the impact on EU law measures if the UK Government exercises an opt-out? Answering these questions, and offering clear, practical assistance to those working in this complex area, EU Law in Criminal Practice is the only book to offer a comprehensive and practical guide to the interplay between European Union law and UK criminal practice. It enables the busy criminal practitioner to understand the legal landscape that the Treaty of Lisbon created, offering a thorough and practitioner-focused analysis of the relevant regulations and case law. From explanation of the institutional framework through to the substantive law of offences, sentencing, and appeals, the book is an invaluable guide for all engaged in modern criminal practice.

The Norm Of Belief

John Gibbons presents an original account of epistemic normativity. Belief seems to come with a built-in set of standards or norms. One task is to say where these standards come from. But the more basic task is to say what those standards are. In some sense, beliefs are supposed to be true. Perhaps they're supposed to constitute knowledge. And in some sense, they really ought to be reasonable. Which, if any of these is the fundamental norm of belief? The Norm of Belief argues against the teleological or instrumentalist conception of rationality that sees being reasonable as a means to our more objective aims, either knowledge or truth. And it tries to explain both the norms of knowledge and of truth in terms of the fundamental norm, the one that tells you to be reasonable. But the importance of being reasonable is not explained in terms of what it will get you, or what you think it will get you, or what it would get you if only things were different. The requirement to be reasonable comes from the very idea of what a genuine requirement is. That is where the built-in standards governing belief come from, and that is what they are.

How We Fight: Ethics in War (Mind Association Occasional Series)

How We Fight: Ethics in War presents a substantial body of new work by some of the leading philosophers of war. The ten essays cover a range of topics concerned with both jus ad bellum (the morality of going to war) and jus in bello (the morality of fighting in war). Alongside explorations of classic in bello topics, such as the principle of non-combatant immunity and the distribution of risk between combatants and non-combatants, the volume also addresses ad bellum topics, such as pacifism and punitive justifications for war, and explores the relationship between ad bellum and in bello topics, or how the fighting of a war may affect our judgments concerning whether that war meets the ad bellum conditions. The essays take a keen interest in the micro-foundations of just war theory, and uphold the general assumption that the rules of war must be supported, if they are going to be supported at all, by the liability and non-liability of the individuals who are encompassed by those rules. Relatedly, the volume also contains work which is relevant to the moral justification of several moral doctrines used, either explicitly or implicitly, in just war theory: in the doctrine of double effect, in the generation of liability in basic self-defensive cases, and in the relationship between liability and the conditions which are normally appended to permissible self-defensive violence: imminence, necessity, and proportionality. The volume breaks new ground in all these areas.

The Oxford Handbook of Criminal Law (Oxford Handbooks)

The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.

Foundational Texts in Modern Criminal Law

Foundational Texts in Modern Criminal Law presents essays in which scholars from various countries and legal systems engage critically with formative texts in criminal legal thought since Hobbes. It examines the emergence of a transnational canon of criminal law by documenting its intellectual and disciplinary history and provides a snapshot of contemporary work on criminal law within that historical and comparative context. Criminal law discourse has become, and will continue to become, more international and comparative, and in this sense global: the long-standing parochialism of criminal law scholarship and doctrine is giving way to a broad exploration of the foundations of modern criminal law. The present book advances this promising scholarly and doctrinal project by making available key texts, including several not previously available in English translation, from the common law and civil law traditions, accompanied by contributions from leading representatives of both systems.

Foundational Texts in Modern Criminal Law

Foundational Texts in Modern Criminal Law presents essays in which scholars from various countries and legal systems engage critically with formative texts in criminal legal thought since Hobbes. It examines the emergence of a transnational canon of criminal law by documenting its intellectual and disciplinary history and provides a snapshot of contemporary work on criminal law within that historical and comparative context. Criminal law discourse has become, and will continue to become, more international and comparative, and in this sense global: the long-standing parochialism of criminal law scholarship and doctrine is giving way to a broad exploration of the foundations of modern criminal law. The present book advances this promising scholarly and doctrinal project by making available key texts, including several not previously available in English translation, from the common law and civil law traditions, accompanied by contributions from leading representatives of both systems.

Ethics At The Beginning Of Life: A Phenomenological Critique

Letters of Credit: The Law and Practice of Compliance

This book examines the legal nature and requirements of compliance in letter of credit transactions in Anglo-American jurisdictions, as well as the associated contract choice of law issues. It gives an authoritative exposition of the mechanics of the law on the problem of compliance in the field, and is the first to afford a comprehensive, highly analytical critique of the topic from the point of view of modern international banking practice. In a user-friendly style, it provides an in-depth elucidation of the context of the key roles of individual parties during the course of the transactions, aiding a thorough understanding of the legal problems covered. Structured in four parts, it covers the opening of a complying letter of credit; the regularity of performance under a properly opened letter of credit; ways in which an unreimbursed bank may recover money it mistakenly paid against a faulty presentation; and the conflict of laws problems involved in the context of a beneficiary claiming entitlement to the sum on the credit against an allegedly complying tender of documents. In the conflict of laws section substantial attention is given to the many difficult hurdles that the potential claimant often confronts, and explores the various methods and techniques available. An important aspect of the analysis in this part is ascertainment of the legal system which the courts at common law and under Rome I Regulation would apply to resolve a claim.

The History of Ethics (Blackwell Readings In The History Of Philosophy Ser.)

Philosophical ethics consists in the human endeavour to answer rationally the fundamental question of how we should live. The Oxford Handbook of the History of Ethics explores the history of philosophical ethics in the western tradition from Homer until the present day. It provides a broad overview of the views of many of the main thinkers, schools, and periods, and includes in addition essays on topics such as autonomy and impartiality. The authors are international leaders in their field, and use their expertise and specialist knowledge to illuminate the relevance of their work to discussions in contemporary ethics. The essays are specially written for this volume, and in each case introduce the reader to the main lines of interpretation and criticism that have arisen in the professional history of philosophy over the past two or three decades.

The Human Rights of Migrants and Refugees in European Law (Oxford Studies in European Law)

Focussing on access to territory and authorization of presence and residence for third-country nationals, this book examines the EU law on immigration and asylum, addressing related questions of security of residence. Concentrating on the key measures concerning both the rights of third-country nationals to enter and stay in the EU, and the EU's construction of illegal immigration, it provides a detailed and critical discussion of EU and ECHR migration and refugee law. Rights of admission include three categories of entrants: labour migrants, family migrants, and asylum seekers and refugees. Legal entry raises further questions, and recent key measures, including the EU Blue Card Directive, the Family Reunification Directive, and the Dublin Regulation and related instruments are examined. As most of these EU measures deal with those border crossings where human rights norms have already established some constraints on state discretion, the interaction between the EU norms and the case law of the European Court of Human Rights (ECtHR) is a key concern. The uniting theme is the interaction between established human rights norms, in particular the ECHR, and EU law. Does the EU fulfil its post-national promise to create forms of membership beyond the state, or in its treatment of non-Europeans, does it undermine human rights and existing legal protections?

Collins On Defamation

Written by the widely respected author of The Law of Defamation and the Internet, this book analyses the modern law of defamation in a way that consolidates into a coherent structure its various sources - the common law, earlier statutory reforms, European and other foreign influences, and the changes effected by the Defamation Act 2013. As well as examining the implications of the 2013 reforms, Collins on Defamation dissects, in context, the very large number of ambiguous and contestable questions of construction in, and possibly unintended consequences of, the new law. The book draws on authorities from a wide international research base to explain the application of relevant principles, including the principles applicable to multi-jurisdictional publications and actions involving one or more foreign litigants. As well as providing encyclopaedic analysis of the law of defamation, the work contains detailed coverage of relevant conflict of law principles, and important and emerging related causes of action, including misuse of private information, malicious falsehood, data protection rights, and protection from harassment. Comprehensive tables of recent damages awards, and an extensive set of precedents for common notices and pleadings, are also included. This book is an essential text for any practitioner in the field.

The Confusion Test in European Trade Mark Law

Historically, likelihood of confusion has been the core infringement test for trade mark law, and it remains the most frequently applied test in infringement actions by far. However, there are noticeable differences in how it is applied by the Court of Justice of the European Union (CJEU), the General Court, and national courts; and questionable outcomes when it is applied in novel situations. This book is the first comprehensive and systematic account of the confusion test within the harmonised European trade mark system. It considers how the test is applied by national trade mark registries across EU member states, by the European Union Intellectual Property Office (EUIPO), by national courts, and by the CJEU. It offers practical guidance, while also evaluating the viability of more recent developments such as initial-interest confusion, post-sale confusion and consumer responses to uses of trade marks on the internet. The book analyses three distinct strata of legal doctrine: the decisions of the CJEU, including the General Court; the extensive body of decisions by EUIPO; and the application of harmonised trade mark law by courts of member states, focusing on leading decisions as well as wayward ones. It also draws upon the legal position in the US to illuminate these issues.

The Confusion Test in European Trade Mark Law

Historically, likelihood of confusion has been the core infringement test for trade mark law, and it remains the most frequently applied test in infringement actions by far. However, there are noticeable differences in how it is applied by the Court of Justice of the European Union (CJEU), the General Court, and national courts; and questionable outcomes when it is applied in novel situations. This book is the first comprehensive and systematic account of the confusion test within the harmonised European trade mark system. It considers how the test is applied by national trade mark registries across EU member states, by the European Union Intellectual Property Office (EUIPO), by national courts, and by the CJEU. It offers practical guidance, while also evaluating the viability of more recent developments such as initial-interest confusion, post-sale confusion and consumer responses to uses of trade marks on the internet. The book analyses three distinct strata of legal doctrine: the decisions of the CJEU, including the General Court; the extensive body of decisions by EUIPO; and the application of harmonised trade mark law by courts of member states, focusing on leading decisions as well as wayward ones. It also draws upon the legal position in the US to illuminate these issues.

Moral Character: An Empirical Theory

Character and Moral Psychology

Philosophers and psychologists have been hard at work trying to unlock the mysteries of our characters. Unfortunately, their answers have been all over the map. According to one position, every single person has all of the moral virtues, such as modesty and compassion, although to varying degrees. Yet according to another position, no one has any character traits at all since they are simply illusions and do not exist. Hence not one person is honest or compassionate or courageous. And between these extremes, there are plenty of intermediate views. Christian B. Miller argues that not one of these leading positions accurately reflects what most of us are like today. He explores the implications of the Mixed Trait framework-a theory of moral character developed in his previous book, Moral Character: An Empirical Theory. Mixed traits have both morally positive aspects (hence they are not vices) along with morally negative aspects (hence they are not virtues). Miller engages with the other leading positions on the empirical nature of character: situationism, the CAPS model, the Big Five model, and the local trait model. He goes on to apply the Mixed Trait framework to several important topics in ethics, especially the development of an error theory about judgments of character and the challenge faced by virtue ethics from the widespread lack of virtue.