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Optimize Tort Law (Optimize)
by Brendan GreeneThe Optimize series is designed to show you how to apply your knowledge in assessment. These concise revision guides cover the most commonly taught topics, and provide you with the tools to: Understand the law and remember the details using diagrams and tables throughout to demonstrate how the law fits together Contextualise your knowledge identifying and explaining how to apply legal principles for important cases providing cross-references and further reading to help you aim higher in essays and exams Avoid common misunderstandings and errors identifying common pitfalls students encounter in class and in assessment Reflect critically on the law identifying contentious areas that are up for debate and on which you will need to form an opinion Apply what you have learned in assessment presenting learning objectives that reflect typical assessment criteria providing sample essay and exam questions, supported by end-of chapter feedback The series is also supported by comprehensive online resources that allow you to track your progress during the run-up to exams.
Optimize Tort Law (PDF)
by Brendan GreeneThe Optimize series is designed to show you how to apply your knowledge in assessment. These concise revision guides cover the most commonly taught topics, and provide you with the tools to: Understand the law and remember the details using diagrams and tables throughout to demonstrate how the law fits together Contextualise your knowledge identifying and explaining how to apply legal principles for important cases providing cross-references and further reading to help you aim higher in essays and exams Avoid common misunderstandings and errors identifying common pitfalls students encounter in class and in assessment Reflect critically on the law identifying contentious areas that are up for debate and on which you will need to form an opinion Apply what you have learned in assessment presenting learning objectives that reflect typical assessment criteria providing sample essay and exam questions, supported by end-of chapter feedback The series is also supported by comprehensive online resources that allow you to track your progress during the run-up to exams.
Opting for the Best: Oughts and Options (Oxford Moral Theory)
by Douglas W. PortmoreWe ought to opt for the best-that is, we ought to choose the option that is best in terms of whatever ultimately matters. So, if maximizing happiness is what ultimately matters, then we ought to perform the option that results in the most happiness. And if, instead, abiding by the Golden Rule is what ultimately matters, then we ought to perform the option that best abides by this rule. However, even if we know what ultimately matters, this is not always sufficient for determining which option we ought to perform. There are other questions that we need to consider as well. Which events are options for us? How do we rank our options-in terms of their own goodness or in terms of the goodness of the best options that entail them? How exactly does that which ultimately matters determine which options we ought to perform? In Opting for the Best, Douglas W. Portmore focuses on these three questions, which he argues can best be answered by putting aside any specific determination of what ultimately matters. He argues that tackling these three questions is crucial to solving many of the puzzles concerning what we ought to do, including those involving supererogation, indeterminate outcomes, overdetermined outcomes, predictable future misbehavior, and good acts that entail bad acts, among others. Engaging with arguments in areas as wide-ranging as action theory and deontic logic, the solutions that Portmore offers systematize our thinking about some of the most complex issues in practical philosophy.
Opting for the Best: Oughts and Options (Oxford Moral Theory)
by Douglas W. PortmoreWe ought to opt for the best-that is, we ought to choose the option that is best in terms of whatever ultimately matters. So, if maximizing happiness is what ultimately matters, then we ought to perform the option that results in the most happiness. And if, instead, abiding by the Golden Rule is what ultimately matters, then we ought to perform the option that best abides by this rule. However, even if we know what ultimately matters, this is not always sufficient for determining which option we ought to perform. There are other questions that we need to consider as well. Which events are options for us? How do we rank our options-in terms of their own goodness or in terms of the goodness of the best options that entail them? How exactly does that which ultimately matters determine which options we ought to perform? In Opting for the Best, Douglas W. Portmore focuses on these three questions, which he argues can best be answered by putting aside any specific determination of what ultimately matters. He argues that tackling these three questions is crucial to solving many of the puzzles concerning what we ought to do, including those involving supererogation, indeterminate outcomes, overdetermined outcomes, predictable future misbehavior, and good acts that entail bad acts, among others. Engaging with arguments in areas as wide-ranging as action theory and deontic logic, the solutions that Portmore offers systematize our thinking about some of the most complex issues in practical philosophy.
Optional Choice of Court Agreements in Private International Law (Ius Comparatum - Global Studies in Comparative Law #37)
by Mary KeyesThis book highlights the importance of optional choice of court agreements, and the need for future research and legal development in this area. The law relating to choice of court agreements has developed significantly in recent years, reflecting their increased use in practice. However, most recent legal developments concern exclusive choice of court agreements. In comparison, optional choice of court agreements, also called permissive forum selection clauses and non-exclusive jurisdiction clauses, have attracted little attention from lawmakers or commentators. This collection is comprised of 19 National Reports, providing a critical analysis of the legal treatment of optional choice of court agreements, including asymmetric choice of court agreements, under national laws as well as under multilateral instruments. It also includes a General Report offering an overview of this area of the law and a synthesis of the findings of the national reporters. The contributions to this collection show that the legal treatment of optional choice of courts differs between legal systems. In some countries, the law on the effect of optional choice of court agreements is at an early stage in its development, whereas in others the law is relatively advanced. Irrespective of this, the national reporters identify unresolved issues with the effect of optional choice of court agreements, where the law is unclear or the cases are conflicting, demonstrating that this topic warrants greater attention. This book is of interest to judges, legislators, lawyers, academics and students who are concerned with private international law and international civil procedure.
Optional Law: The Structure of Legal Entitlements
by Ian AyresSpurred by the advances in option theory that have been remaking financial and economic scholarship over the past thirty years, a revolution is taking shape in the way legal scholars conceptualize property and the way it is protected by the law. Ian Ayres's Optional Law explores how option theory is overthrowing many accepted wisdoms and producing tangible new tools for courts in deciding cases. Ayres identifies flaws in the current system and shows how option theory can radically expand and improve the ways that lawmakers structure legal entitlements. An option-based system, Ayres shows, gives parties the option to purchase—or the option to sell—the relevant legal entitlement. Choosing to exercise a legal option forces decisionmakers to reveal information about their own valuation of the entitlement. And, as with auctions, entitlements in option-based law naturally flow to those who value them the most. Seeing legal entitlements through this lens suggests a variety of new entitlement structures from which lawmakers might choose. Optional Law provides a theory for determining which structure is likely to be most effective in harnessing parties' private information. Proposing a practical approach to the foundational question of how to allocate and protect legal rights, Optional Law will be applauded by legal scholars and professionals who continue to seek new and better ways of fostering both equitable and efficient legal rules.
Optional Law: The Structure of Legal Entitlements
by Ian AyresSpurred by the advances in option theory that have been remaking financial and economic scholarship over the past thirty years, a revolution is taking shape in the way legal scholars conceptualize property and the way it is protected by the law. Ian Ayres's Optional Law explores how option theory is overthrowing many accepted wisdoms and producing tangible new tools for courts in deciding cases. Ayres identifies flaws in the current system and shows how option theory can radically expand and improve the ways that lawmakers structure legal entitlements. An option-based system, Ayres shows, gives parties the option to purchase—or the option to sell—the relevant legal entitlement. Choosing to exercise a legal option forces decisionmakers to reveal information about their own valuation of the entitlement. And, as with auctions, entitlements in option-based law naturally flow to those who value them the most. Seeing legal entitlements through this lens suggests a variety of new entitlement structures from which lawmakers might choose. Optional Law provides a theory for determining which structure is likely to be most effective in harnessing parties' private information. Proposing a practical approach to the foundational question of how to allocate and protect legal rights, Optional Law will be applauded by legal scholars and professionals who continue to seek new and better ways of fostering both equitable and efficient legal rules.
The Optional Protocol to the UN Convention Against Torture
by Rachel Murray Elina Steinerte Malcolm Evans Antenor Hallo de WolfThe Optional Protocol to the UN Convention Against Torture (OPCAT) establishes an independent international monitoring committee (SPT) which itself will visit states and places where persons are deprived of their liberty. It also requires states to set up independent national bodies to visit places of detention. This book, drawing upon events held and interviews with governments, civil society, members of UN treaty bodies, national visiting bodies and others, identifies key factors that have shaped the operation of these visiting bodies since OPCAT came into force in 2006. It looks in detail at the background to the adoption of the Protocol, as well as how the international committee, the SPT, has carried out its mandate in its first few years. It examines the range of places of detention that could be visited by these bodies, and the expectations placed on the national visiting bodies themselves. The book also places the OPCAT within the broader system of torture prevention in the UN and elsewhere and identifies a range of trends arising from the different geographical regions. As well as providing an insight into its work, this detailed examination of OPCAT also provides valuable lessons for other new human rights treaties such as the UN Convention on the Rights of Persons with Disabilities and the Convention on Enforced Disappearances, which have similar provisions concerning national mechanisms.
Options and Agency
by John T. MaierThis book develops an original theory of agentive modality: the kind of modality that is distinctive to agents. The central thesis is that the idea of an option should be taken as primitive, and that other agentive notions – such as ability, skill, and free will – should be understood in terms of options. The main contributions of this book are twofold. First, it resolves many of the outstanding questions in the metaphysics and semantics of agentive modality. In doing so, it develops original accounts of topics that have been central to philosophy since Aristotle. It also contributes to a lively contemporary literature on these topics. Second, it articulates an austere and uncompromising form of compatibilism about free will, termed “simple compatibilism.” Simple compatibilism is so-called because it rejects both the reductive theses endorsed by traditional compatibilists and the sophisticated proposals of many contemporary compatibilists. Instead, it turns precisely on insisting that options are analytically simple. Arguments for incompatibilism are shown to rest on auxiliary principles that should, in light of the book’s general account of options, be rejected.
The Oracle and the Curse: A Poetics Of Justice From The Revolution To The Civil War
by Caleb SmithCaleb Smith explores the confessions, trial reports, maledictions, and martyr narratives that juxtaposed law and conscience in antebellum America’s court of public opinion and shows how writers portrayed struggles for justice as clashes between human law and higher authority, giving voice to a moral protest that transformed American literature.
The Oracle and the Curse: A Poetics Of Justice From The Revolution To The Civil War
by Caleb SmithCaleb Smith explores the confessions, trial reports, maledictions, and martyr narratives that juxtaposed law and conscience in antebellum America’s court of public opinion and shows how writers portrayed struggles for justice as clashes between human law and higher authority, giving voice to a moral protest that transformed American literature.
An Oral and Documentary History of the Darfur Genocide [2 volumes]: [2 volumes] (Praeger Security International)
by Samuel TottenAn unquestionably important, oral-history collection presents the first-person stories of survivors of the genocide in Darfur, a region in western Sudan where the Sudanese government is accused of abetting the murder of an estimated 400,000 persons.The genocide in Darfur erupted in 2003 but its seeds had been planted years before. Following years of attacks on their villages, livelihoods and persons, as well as political and economic disenfranchisement by the Government of Sudan, the black Africans of Darfur rebelled. In retaliation, Sudanese President Omar al-Bashir had his troops and an Arab militia, the Janjaweed, carry out a scorched earth policy that resulted the in killing of noncombatants, men, women, children, and the elderly. In the process, females of all ages were raped, hundreds of villages were burned to the ground, and over two million people were forced from their villages. By mid-2007, estimates of those who had been killed or had perished due lack of water, starvation, or injuries, ranged from a low of 250,000 to over 400,000. This two volume set presents the harrowing stories of survivors of this genocide, and includes a collection of official documents delineating the international community's reaction to the crisis in Darfur. The author has interviewed two dozen Sudanese refugees who fled their homes and made their way to the neighboring country of Chad, recording their experiences prior to the war, during various genocide events, and following their escape. Those interviews comprise Volume One. In Volume Two, the author has selected critical documents issued by the United States, the United Nations, and the International Criminal Court, each of which presents critical insights into how the international community viewed the scorched earth policy and atrocities and how it reached to such. An Oral and Documentary History of the Darfur Genocide is an invaluable record of how easily a powerful government can turn against a country's weaker minorities.
Oral Arguments and Coalition Formation on the U.S. Supreme Court: A Deliberate Dialogue
by Ryan C Black Timothy R. Johnson Justin WedekingThe U.S. Supreme Court, with its controlled, highly institutionalized decision-making practices, provides an ideal environment for studying coalition formation. The process begins during the oral argument stage, which provides the justices with their first opportunity to hear one another's attitudes and concerns specific to a case. This information gathering allows them eventually to form a coalition. In order to uncover the workings of this process, the authors analyze oral argument transcripts from every case decided from 1998 through 2007 as well as the complete collection of notes kept during oral arguments by Justice Lewis F. Powell and Justice Harry A. Blackmun. Both justices clearly monitored their fellow justices' participation in the discussion and used their observations to craft opinions their colleagues would be likely to support. This study represents a major step forward in the understanding of coalition formation, which is a crucial aspect of many areas of political debate and decision making.
An Oral History of the Palestinian Nakba
by Doctor Nahla Abdo Nur MasalhaIn 2018, Palestinians mark the 70th anniversary of the Nakba, when over 750,000 people were uprooted and forced to flee their homes in the early days of the Israeli-Palestinian conflict. Even today, the bitterness and trauma of the Nakba remains raw, and it has become the pivotal event both in the shaping of Palestinian identity and in galvanising the resistance to occupation.Unearthing an unparalleled body of rich oral testimony, An Oral History of the Palestinian Nakba tells the story of this epochal event through the voices of the Palestinians who lived it, uncovering remarkable new insights both into Palestinian experiences of the Nakba and into the wider dynamics of the ongoing conflict. Drawing together Palestinian accounts from 1948 with those of the present day, the book confronts the idea of the Nakba as an event consigned to the past, instead revealing it to be an ongoing process aimed at the erasure of Palestinian memory and history. In the process, each unique and wide-ranging contribution leads the way for new directions in Palestinian scholarship.
An Oral History of the Palestinian Nakba
by Nahla Abdo and Nur MasalhaIn 2018, Palestinians mark the 70th anniversary of the Nakba, when over 750,000 people were uprooted and forced to flee their homes in the early days of the Israeli-Palestinian conflict. Even today, the bitterness and trauma of the Nakba remains raw, and it has become the pivotal event both in the shaping of Palestinian identity and in galvanising the resistance to occupation.Unearthing an unparalleled body of rich oral testimony, An Oral History of the Palestinian Nakba tells the story of this epochal event through the voices of the Palestinians who lived it, uncovering remarkable new insights both into Palestinian experiences of the Nakba and into the wider dynamics of the ongoing conflict. Drawing together Palestinian accounts from 1948 with those of the present day, the book confronts the idea of the Nakba as an event consigned to the past, instead revealing it to be an ongoing process aimed at the erasure of Palestinian memory and history. In the process, each unique and wide-ranging contribution leads the way for new directions in Palestinian scholarship.
An Oral History of the Special Olympics in China Volume 1: Overview (Economy and Social Inclusion)
by William P. Alford Mei Liao Fengming CuiThis open access book is unique in presenting the first oral history of individuals with an intellectual disability and their families in China. In this summary volume and the two accompanying volumes that follow, individuals with an intellectual disability tell their life stories, while their family members, teachers, classmates, and co-workers describe their professional, academic, and family relationships. Besides interview transcripts, each volume provides observations and records in real time the daily experiences of people with an intellectual disability. Drawing on the methodologies of sociology and oral history, the summary volume provides an unprecedented account of how people with intellectual disabilities in China understand themselves while also examining pertinent issues of public policy and civil society that have ramifications beyond the field of disability itself.
An Oral History of the Special Olympics in China Volume 2: The Movement (Economy and Social Inclusion)
by William P. Alford Mei Liao Fengming CuiThis open access book contains the oral histories that were inspired by the work of the Special Olympics in conjunction with the 50th anniversary of its founding. The foreword and prefatory materials provide an overview of the Special Olympics and its growth in the People’s Republic of China. The sections that follow record interview transcripts of individuals with intellectual disabilities living in Shanghai. In addition to chronicling the involvement of these individuals and their families in the Special Olympics movement, the interview transcripts also capture their daily lives and how they have navigated school and work.
An Oral History of the Special Olympics in China Volume 3: Finding and Keeping a Job (Economy and Social Inclusion)
by William P. Alford Mei Liao Fengming CuiThis open access book brings together oral histories that record the experiences of individuals with intellectual disabilities in Shanghai as they participate in their careers. Employees with intellectual disabilities describe their experiences seeking, attaining, and maintaining employment. Their managers, colleagues, and family members also provide keen insight into the challenges and opportunities these individuals have encountered in the process of securing employment. An appendix provides a compilation of employment policies related to people with intellectual disabilities, particularly with respect to Shanghai.
Order and Disorder: Anthropological Perspectives
by Keebet von Benda-Beckmann Fernanda PirieDisorder and instability are matters of continuing public concern. Terrorism, as a threat to global order, has been added to preoccupations with political unrest, deviance and crime. Such considerations have prompted the return to the classic anthropological issues of order and disorder. Examining order within the political and legal spheres and in contrasting local settings, the papers in this volume highlight its complex and contested nature. Elaborate displays of order seem necessary to legitimate the institutionalization of violence by military and legal establishments, yet violent behaviour can be incorporated into the social order by the development of boundaries, rituals and established processes of conflict resolution. Order is said to depend upon justice, yet injustice legitimates disruptive protest. Case studies from Siberia, India, Indonesia, Tibet, West Africa, Morocco and the Ottoman Empire show that local responses are often inconsistent in their valorization, acceptance and condemnation of disorder.
Order and Disorder in the 21st Century (Law, Ethics and Governance)
by Danielle Ireland-Piper Leon WolffWith a diverse group of contributors from law, business and the social sciences, this book explores the line not only between order and disorder in global affairs, but also chaos and control, continuity and change, the core and the margins. The key themes include: global crises and the role of international law, norms and institutions; the challenge of pluralism to regulatory clarity; and critical assessments of taken-for-granted systems and values such as capitalism, centralised government, de-militarisation and the separation of powers. The book divides into two key parts. The first part, `Conceptions’, considers the diverse way in which order/disorder can be conceived in global governance and regulation. The second part, `Case Studies’, groups chapters around five topic areas: citizens, capitalism, conflict, crime and courts. The authors here build on the themes presented in the first part by embedding them within specific areas of international regulation, such as international criminal law, maritime law or finance regulation; jurisdictions and regions, such as Australia, Canada, China, Japan and South Asia; and subject-matter, such as water resources, citizenship, statelessness and public interest litigation. This blend of contemporary subject-matter, empirical studies, multi-disciplinary perspectives and academic theories provides a comprehensive analysis to current and emerging debates in the broader global community. In utilizing interdisciplinary studies to draw out common issues and alternative solutions, the book will appeal to a wide readership among academics and policy-makers.
Order and Disorder in the 21st Century (Law, Ethics and Governance)
by Danielle Ireland-Piper Leon WolffWith a diverse group of contributors from law, business and the social sciences, this book explores the line not only between order and disorder in global affairs, but also chaos and control, continuity and change, the core and the margins. The key themes include: global crises and the role of international law, norms and institutions; the challenge of pluralism to regulatory clarity; and critical assessments of taken-for-granted systems and values such as capitalism, centralised government, de-militarisation and the separation of powers. The book divides into two key parts. The first part, `Conceptions’, considers the diverse way in which order/disorder can be conceived in global governance and regulation. The second part, `Case Studies’, groups chapters around five topic areas: citizens, capitalism, conflict, crime and courts. The authors here build on the themes presented in the first part by embedding them within specific areas of international regulation, such as international criminal law, maritime law or finance regulation; jurisdictions and regions, such as Australia, Canada, China, Japan and South Asia; and subject-matter, such as water resources, citizenship, statelessness and public interest litigation. This blend of contemporary subject-matter, empirical studies, multi-disciplinary perspectives and academic theories provides a comprehensive analysis to current and emerging debates in the broader global community. In utilizing interdisciplinary studies to draw out common issues and alternative solutions, the book will appeal to a wide readership among academics and policy-makers.
Order Ethics: An Ethical Framework For The Social Market Economy
by Christoph Luetge Nikil MukerjiThis book examines the theoretical foundations of order ethics and discusses business ethics problems from an order ethics perspective. Order ethics focuses on the social order and the institutional environment in which individuals interact. It is a well-established paradigm in European business ethics. The book contains articles written by leading experts in the field and provides both a concise introduction to order ethics and short summary articles homing in on specific aspects of the order-ethical paradigm. It presents contributions describing fundamental concepts, historical roots, and the economic, social, and philosophical background of the theory. The second part of the handbook focuses on the theory's application in business, society, and politics, casting new light on an array of topics that loom large in contemporary ethical discourse.
The Order of Genocide: Race, Power, and War in Rwanda
by Scott StrausWinner of the Award for Excellence in Government and Political Science (AAP)The Rwandan genocide has become a touchstone for debates about the causes of mass violence and the responsibilities of the international community. Yet a number of key questions about this tragedy remain unanswered: How did the violence spread from community to community and so rapidly engulf the nation? Why did individuals make decisions that led them to take up machetes against their neighbors? And what was the logic that drove the campaign of extermination?According to Scott Straus, a social scientist and former journalist in East Africa for several years (who received a Pulitzer Prize nomination for his reporting for the Houston Chronicle), many of the widely held beliefs about the causes and course of genocide in Rwanda are incomplete. They focus largely on the actions of the ruling elite or the inaction of the international community. Considerably less is known about how and why elite decisions became widespread exterminatory violence.Challenging the prevailing wisdom, Straus provides substantial new evidence about local patterns of violence, using original research—including the most comprehensive surveys yet undertaken among convicted perpetrators—to assess competing theories about the causes and dynamics of the genocide. Current interpretations stress three main causes for the genocide: ethnic identity, ideology, and mass-media indoctrination (in particular the influence of hate radio). Straus's research does not deny the importance of ethnicity, but he finds that it operated more as a background condition. Instead, Straus emphasizes fear and intra-ethnic intimidation as the primary drivers of the violence. A defensive civil war and the assassination of a president created a feeling of acute insecurity. Rwanda's unusually effective state was also central, as was the country's geography and population density, which limited the number of exit options for both victims and perpetrators.In conclusion, Straus steps back from the particulars of the Rwandan genocide to offer a new, dynamic model for understanding other instances of genocide in recent history—the Holocaust, Armenia, Cambodia, the Balkans—and assessing the future likelihood of such events.
The Order of Things: Explorations in Scientific Theology
by Alister E. McGrathProvocative and immensely well informed, The Order of Things represents a substantial and original contribution to the fields of systematic theology, historical theology, and the science and religion dialogue. Leading theologian, Alister E. McGrath explores how the working methods and assumptions of the natural sciences can be used to inform and stimulate systematic theology. Written by one of today's best-known Christian writers Explores how the working methods and assumptions of the natural sciences can be used to inform and stimulate systematic theology Continues McGrath’s acclaimed exploration of scientific theology, begun with his groundbreaking three-volume work, A Scientific Theology Includes a landmark extended analysis of whether doctrinal development can be explained using Darwinian evolutionary models, and exploration of how the transition from a “scientific theology” to a future “scientific dogmatics” might be made Supported by a published review of McGrath’s scientific theology project, which is currently the best brief introduction to his thought.