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The Many and the One: Religious and Secular Perspectives on Ethical Pluralism in the Modern World
by Richard Madsen Tracy B. StrongThe war on terrorism, say America's leaders, is a war of Good versus Evil. But in the minds of the perpetrators, the September 11 attacks on New York and Washington were presumably justified as ethically good acts against American evil. Is such polarization leading to a violent "clash of civilizations" or can differences between ethical systems be reconciled through rational dialogue? This book provides an extraordinary resource for thinking clearly about the diverse ways in which humans see good and evil. In nine essays and responses, leading thinkers ask how ethical pluralism can be understood by classical liberalism, liberal-egalitarianism, critical theory, feminism, natural law, Confucianism, Islam, Judaism, and Christianity. Each essay addresses five questions: Is the ideal society ethically uniform or diverse? Should the state protect, ban, or otherwise intervene in ethically based differences? How should disagreements on the rights and duties of citizens be dealt with? Should the state regulate life-and-death decisions such as euthanasia? To what extent should conflicting views on sexual relationships be accommodated? This book shows that contentious questions can be discussed with both incisiveness and civility. The editors provide the introduction and Donald Moon, the conclusion. The contributors are Brian Barry, Joseph Boyle, Simone Chambers, Joseph Chan, Christine Di Stefano, Dale F. Eickelman, Menachem Fisch, William Galston, John Haldane, Chandran Kukathas, David Little, Muhammad Khalid Masud, Carole Pateman, William F. Scheuerman, Adam B. Seligman, James W. Skillen, James Tully, and Lee H. Yearley.
Maritime Law
by Christopher Hill Yashawant KulkarniMaritime Law is an exhaustive introduction to this complex area of law. The book is ideal for newcomers and experienced professionals requiring an update on the general principles and case law. • Charterparties chapter • Passengers chapter • Salvage – includes developments in case law and introduction of new Lloyd’s Open Form Salvage Agreement • Sale of ship and shipbuilding contracts • Collisions • Oil pollution – Convention on bunker spills
Maritime Law (Lloyd's Practical Shipping Guides)
by Christopher Hill Yash KulkarniMaritime Law is an exhaustive introduction to this complex area of law. The book is ideal for newcomers and experienced professionals requiring an update on the general principles and case law. • Charterparties chapter • Passengers chapter • Salvage – includes developments in case law and introduction of new Lloyd’s Open Form Salvage Agreement • Sale of ship and shipbuilding contracts • Collisions • Oil pollution – Convention on bunker spills
Maritime Law (Lloyd's Practical Shipping Guides)
by Christopher Hill Yash KulkarniMaritime Law is an exhaustive introduction to this complex area of law. The book is ideal for newcomers and experienced professionals requiring an update on the general principles and case law. • Charterparties chapter • Passengers chapter • Salvage – includes developments in case law and introduction of new Lloyd’s Open Form Salvage Agreement • Sale of ship and shipbuilding contracts • Collisions • Oil pollution – Convention on bunker spills
Maritime Law (PDF)
by Christopher Hill Yashawant KulkarniMaritime Law is an exhaustive introduction to this complex area of law. The book is ideal for newcomers and experienced professionals requiring an update on the general principles and case law. • Charterparties chapter • Passengers chapter • Salvage – includes developments in case law and introduction of new Lloyd’s Open Form Salvage Agreement • Sale of ship and shipbuilding contracts • Collisions • Oil pollution – Convention on bunker spills
Measuring Judicial Independence: The Political Economy of Judging in Japan (Studies in Law and Economics)
by J. Mark Ramseyer Eric B. RasmusenThe role of the U.S. Supreme Court in the aftermath of the 2000 presidential election raised questions in the minds of many Americans about the relationships between judges and political influence; the following years saw equally heated debates over the appropriate role of political ideology in selecting federal judges. Legal scholars have always debated these questions—asking, in effect, how much judicial systems operate on merit and principle and how much they are shaped by politics. The Japanese Constitution, like many others, requires that all judges be "independent in the exercise of their conscience and bound only by this Constitution and its laws." Consistent with this requirement, Japanese courts have long enjoyed a reputation for vigilant independence—an idea challenged only occasionally, and most often anecdotally. But in this book, J. Mark Ramseyer and Eric B. Rasmusen use the latest statistical techniques to examine whether that reputation always holds up to scrutiny—whether, and to what extent, the careers of lower court judges can be manipulated to political advantage. On the basis of careful econometric analysis of career data for hundreds of judges, Ramseyer and Rasmusen find that Japanese politics do influence judicial careers, discreetly and indirectly: judges who decide politically charged cases in ways favored by the ruling party enjoy better careers after their decisions than might otherwise be expected, while dissenting judges are more likely to find their careers hampered by assignments to less desirable positions. Ramseyer and Rasmusen's sophisticated yet accessible analysis has much to offer anyone interested in either judicial independence or the application of econometric techniques in the social sciences.
Measuring Judicial Independence: The Political Economy of Judging in Japan (Studies in Law and Economics)
by J. Mark Ramseyer Eric B. RasmusenThe role of the U.S. Supreme Court in the aftermath of the 2000 presidential election raised questions in the minds of many Americans about the relationships between judges and political influence; the following years saw equally heated debates over the appropriate role of political ideology in selecting federal judges. Legal scholars have always debated these questions—asking, in effect, how much judicial systems operate on merit and principle and how much they are shaped by politics. The Japanese Constitution, like many others, requires that all judges be "independent in the exercise of their conscience and bound only by this Constitution and its laws." Consistent with this requirement, Japanese courts have long enjoyed a reputation for vigilant independence—an idea challenged only occasionally, and most often anecdotally. But in this book, J. Mark Ramseyer and Eric B. Rasmusen use the latest statistical techniques to examine whether that reputation always holds up to scrutiny—whether, and to what extent, the careers of lower court judges can be manipulated to political advantage. On the basis of careful econometric analysis of career data for hundreds of judges, Ramseyer and Rasmusen find that Japanese politics do influence judicial careers, discreetly and indirectly: judges who decide politically charged cases in ways favored by the ruling party enjoy better careers after their decisions than might otherwise be expected, while dissenting judges are more likely to find their careers hampered by assignments to less desirable positions. Ramseyer and Rasmusen's sophisticated yet accessible analysis has much to offer anyone interested in either judicial independence or the application of econometric techniques in the social sciences.
Media Diversity: Economics, Ownership, and the Fcc (Routledge Communication Series)
by Mara EinsteinMedia Diversity: Economics, Ownership, and the FCC provides a detailed analysis of the regulation of diversity and its impact on the structure and practices within the broadcast television industry. As deregulation is quickly changing the media landscape, this volume puts the changing structure of the industry into perspective through the use of an insider's point of view to examine how policy and programming get made. Author Mara Einstein blends her industry experience and academic expertise to examine diversity as a media policy, suggesting that it has been ineffective and is potentially outdated, as study after study has found diversity regulations to be wanting. In addition to reviewing diversity research on the impact of minority ownership, regulation of cable and DBS, duopolies, ownership of multiple networks and cross ownership of media on program content, Einstein considers the financial interest and syndication rules as a case study, due to their profound effects on the structure of the television industry. She also poses questions from an economic perspective on why the FCC regulates structure rather than content. Through the presentation of her research results, she argues persuasively that the consolidation of the media industry does not affect the diversity of entertainment programming, a conclusion with broad ramifications for all media and for future research about media monopolies. This volume serves as a defining work in its examination of the intersection of regulation and economics with media content. It is appropriate as a supplemental text in courses on communication policy, broadcast economic and media management, broadcast programming, political economy of the mass media, and media criticism at the advanced and graduate level. It is also likely to interest broadcast professionals, media policymakers, communication lawyers, and academics. It is a must-read for all who are interested in the media monopoly debate.
Media Diversity: Economics, Ownership, and the Fcc (Routledge Communication Series)
by Mara EinsteinMedia Diversity: Economics, Ownership, and the FCC provides a detailed analysis of the regulation of diversity and its impact on the structure and practices within the broadcast television industry. As deregulation is quickly changing the media landscape, this volume puts the changing structure of the industry into perspective through the use of an insider's point of view to examine how policy and programming get made. Author Mara Einstein blends her industry experience and academic expertise to examine diversity as a media policy, suggesting that it has been ineffective and is potentially outdated, as study after study has found diversity regulations to be wanting. In addition to reviewing diversity research on the impact of minority ownership, regulation of cable and DBS, duopolies, ownership of multiple networks and cross ownership of media on program content, Einstein considers the financial interest and syndication rules as a case study, due to their profound effects on the structure of the television industry. She also poses questions from an economic perspective on why the FCC regulates structure rather than content. Through the presentation of her research results, she argues persuasively that the consolidation of the media industry does not affect the diversity of entertainment programming, a conclusion with broad ramifications for all media and for future research about media monopolies. This volume serves as a defining work in its examination of the intersection of regulation and economics with media content. It is appropriate as a supplemental text in courses on communication policy, broadcast economic and media management, broadcast programming, political economy of the mass media, and media criticism at the advanced and graduate level. It is also likely to interest broadcast professionals, media policymakers, communication lawyers, and academics. It is a must-read for all who are interested in the media monopoly debate.
Medicine Across Cultures: History and Practice of Medicine in Non-Western Cultures (Science Across Cultures: The History of Non-Western Science #3)
by Hugh ShapiroThis work deals with the medical knowledge and beliefs of cultures outside of the United States and Europe. In addition to articles surveying Islamic, Chinese, Native American, Aboriginal Australian, Indian, Egyptian, and Tibetan medicine, the book includes essays on comparing Chinese and western medicine and religion and medicine. Each essay is well illustrated and contains an extensive bibliography.
Miranda's Waning Protections: Police Interrogation Practices after Dickerson
by Welsh S. WhiteDid the Supreme Court's upholding of Miranda in 2000 adversely impact law enforcement, as conservatives have complained, or was it a reaffirmation of individual rights? Welsh S. White looks at both sides of the issue, emphasizing that Miranda represents just one stage in the Court's ongoing struggle to accommodate a fundamental conflict between law enforcement and civil liberties, and assessing whether the Court's present decisions (including Miranda) strike an appropriate balance between promoting law enforcement's interest in obtaining reliable evidence and the individual's interest in being protected from overreaching police practices. Welsh S. White is Professor of Law, University of Pittsburgh School of Law. He is best known for his work on capital punishment and has published and lectured on the death penalty for the past twenty years.
The Mirror of Justice: Literary Reflections of Legal Crises (PDF)
by Theodore ZiolkowskiThis book studies major works of literature from classical antiquity to the present that reflect crises in the evolution of Western law: the move from a prelegal to a legal society in The Eumenides, the Christianization of Germanic law in Njal's Saga, the disenchantment with medieval customary law in Reynard the Fox, the reception of Roman law in a variety of Renaissance texts, the conflict between law and equity in Antigone and The Merchant of Venice, the eighteenth-century codification controversy in the works of Kleist, the modern debate between "pure" and "free" law in Kafka's The Trial and other fin-de-siècle works, and the effects of totalitarianism, the theory of universal guilt, and anarchism in the twentieth century. Using principles from the anthropological theory of legal evolution, the book locates the works in their legal contexts and traces through them the gradual dissociation over the centuries of law and morality. It thereby associates and illuminates these masterpieces from an original point of view and contributes a new dimension to the study of literature and law. In contrast to prevailing adherents of Law-and-Literature, this book professes Literature-and-Law, in which the emphasis is historical rather than theoretical, substantive rather than rhetorical, and literary rather than legal. Instead of adducing the literary work to illustrate debates about modern law, this book consults the history of law as an essential aid to the understanding of the literary text and its conflicts.
Modern Biotechnology in Postmodern Times?: A Reflection on European Policies and Human Agency
by L. ReuterThis book is for bioethicists, ethicists (theologians/philosophers), professionals in biotechnology, EU and national policymakers, and professors/teachers of courses in applied ethics. It presents an interdisciplinary reflection on the nature and scope of current biotechnology in Europe. It offers a concise presentation of the current biotechnological arena in Europe with its ethical implications and provides a survey of topical Council of Europe documents and treaties.
Modern Criminal Law: Fifth Edition
by Mike MolanThis book provides a clear, concise and highly accessible overview of the key aspects of criminal law doctrine as it applies in England and Wales. The content has been revised and updated, reflecting the constantly evolving nature of the subject.
Modern Criminal Law: Fifth Edition
by Mike MolanThis book provides a clear, concise and highly accessible overview of the key aspects of criminal law doctrine as it applies in England and Wales. The content has been revised and updated, reflecting the constantly evolving nature of the subject.
Modern Legal Theory & Judicial Impartiality
by Ofer RabanThis book argues that at the core of legal philosophys principal debates there is essentially one issue judicial impartiality. Keeping this issue to the forefront, Raban's approach sheds much light on many difficult and seemingly perplexing jurisprudential debates. Modern Legal Theory and Judicial Impartiality offers a fresh and penetrating examination of two of the most celebrated modern legal theorists: HLA Hart and Ronald Dworkin. The book explains the relations between these two scholars and other theorists and schools of thought (including Max Weber, Lon Fuller, and the law and economics movement), offering both novices and experts an innovative and lucid look at modern legal theory. The book is written in an engaging and conversational style, tackling highly sophisticated issues in a concise and accessible manner. Undergraduates in jurisprudence and legal theory, as well as more advanced readers, will find it clear and challenging.
Modern Legal Theory & Judicial Impartiality
by Ofer RabanThis book argues that at the core of legal philosophys principal debates there is essentially one issue judicial impartiality. Keeping this issue to the forefront, Raban's approach sheds much light on many difficult and seemingly perplexing jurisprudential debates. Modern Legal Theory and Judicial Impartiality offers a fresh and penetrating examination of two of the most celebrated modern legal theorists: HLA Hart and Ronald Dworkin. The book explains the relations between these two scholars and other theorists and schools of thought (including Max Weber, Lon Fuller, and the law and economics movement), offering both novices and experts an innovative and lucid look at modern legal theory. The book is written in an engaging and conversational style, tackling highly sophisticated issues in a concise and accessible manner. Undergraduates in jurisprudence and legal theory, as well as more advanced readers, will find it clear and challenging.
Modern Studies in Property Law - Volume 2 (Modern Studies in Property Law)
by Elizabeth CookeThe Modern Studies in Property Law series is a collection of the papers given at the biennial conferences of the Centre for Property Law at the University of Reading. Volume II contains the proceedings from the conference in 2002,and includes a wide range of papers from both English and international speakers, covering many of the most topical issues within the law of property.
Modernity's Wager: Authority, the Self, and Transcendence
by Adam B. SeligmanAdam Seligman, one of our most important social thinkers, continues the incisive critique of modernity he began in his previously acclaimed The Idea of Civil Society and The Problem of Trust. In this provocative new work of social philosophy, Seligman evaluates modernity's wager, namely, the gambit to liberate the modern individual from external social and religious norms by supplanting them with the rational self as its own moral authority. Yet far from ensuring the freedom of the individual, Seligman argues, "the fundamentalist doctrine of enlightened reason has called into being its own nemesis" in the forms of ethnic, racial, and identity politics. Seligman counters that the modern human must recover a notion of authority that is essentially transcendent, but which extends tolerance to those of other--or no--faiths. Through its denial of an authority rooted in an experience of transcendence, modernity fails to account for individual and collective moral action. First, deprived of a sacred source of the self, depictions of moral action are reduced to motives of self interest. Second, dismissing the sacred leaves the resurgence of religious movements unexplained. In this rigorous and imaginative study, Seligman seeks to discover a durable source of moral authority in a liberalized world. His study of shame, pride, collective guilt, and collective responsibility demonstrates the mutual relationship between individual responsibility and communal authority. Furthermore, Seligman restores the indispensable role of religious traditions--as well as the features of those traditions that enhance, rather than denigrate, tolerance. Sociologists, political theorists, moral philosophers, and intellectual historians will find Seligman's thesis enlightening, as will anyone concerned with the ethical and religious foundations of a tolerant society.
Modernity's Wager: Authority, the Self, and Transcendence
by Adam B. SeligmanAdam Seligman, one of our most important social thinkers, continues the incisive critique of modernity he began in his previously acclaimed The Idea of Civil Society and The Problem of Trust. In this provocative new work of social philosophy, Seligman evaluates modernity's wager, namely, the gambit to liberate the modern individual from external social and religious norms by supplanting them with the rational self as its own moral authority. Yet far from ensuring the freedom of the individual, Seligman argues, "the fundamentalist doctrine of enlightened reason has called into being its own nemesis" in the forms of ethnic, racial, and identity politics. Seligman counters that the modern human must recover a notion of authority that is essentially transcendent, but which extends tolerance to those of other--or no--faiths. Through its denial of an authority rooted in an experience of transcendence, modernity fails to account for individual and collective moral action. First, deprived of a sacred source of the self, depictions of moral action are reduced to motives of self interest. Second, dismissing the sacred leaves the resurgence of religious movements unexplained. In this rigorous and imaginative study, Seligman seeks to discover a durable source of moral authority in a liberalized world. His study of shame, pride, collective guilt, and collective responsibility demonstrates the mutual relationship between individual responsibility and communal authority. Furthermore, Seligman restores the indispensable role of religious traditions--as well as the features of those traditions that enhance, rather than denigrate, tolerance. Sociologists, political theorists, moral philosophers, and intellectual historians will find Seligman's thesis enlightening, as will anyone concerned with the ethical and religious foundations of a tolerant society.
Money Laundering Law: Forfeiture, Confiscation, Civil Recovery, Criminal Laundering and Taxation of the Proceeds of Crime
by Peter AlldridgeIn the past twenty years action in respect of the profits of crime has moved rapidly up the criminal justice agenda. Not only may confiscation orders be made,but there are also now serious substantive criminal offences of laundering the proceeds of crime. Moreover, the consequences of the regulatory régimes put in place by the Money Laundering Regulations 1993 and the Financial Services Authority are very significant. This book examines critically the history, theory and practice of all these developments, culminating in the Proceeds of Crime Act 2002, which marks another step in the move towards greater concentration both on the financial aspects of crime and on the internationalisation of criminal law. The Act puts in place the Assets Recovery Agency, which will be central to the strategy of targeting criminal monies and will have power to bring forfeiture proceedings without a prior criminal conviction and to raise assessments to taxation. The author subjects the law of laundering, especially the novel aspects of the Proceeds of Crime Act itself, to thorough analysis and a human rights' audit.Contents: Introduction; The Economics of Money Laundering; Theory: Justifications for Forfeiture, Confiscation, and Criminalisation; History of Forfeiture and Confiscation Provisions; The International Dimension; Forfeiture Provisions; Statutory Confiscation Provisions; Investigatory Powers; Beyond Confiscation - Criminalisation; Acquisition and Deployment of Money for Terrorism; Confiscation without Conviction - 'Civil Recovery'; Money Laundering and the Professions
Monster Of God: The Man-Eating Predator in the Jungles of History and the Mind
by David QuammenFor millennia, nature's biggest and fiercest predators have tormented mankind. The knowledge and fear of the existence of these ferocious man-eaters is forever in the back of our minds, looming in our worst nightmares. Millions of humans have suffered attacks by predators on land and at sea. Yet animals have always shared the landscape with humans. Since the dawn of time our ecosystems have been linked and humans have co-existed with flesh-eating beasts as members of the same food chain. Now, of course, as humans spread and despoil the planet, these fearsome predators may only survive on the other side of glass barriers and chain-link fences. Their gradual disappearance is changing the nature of our own existence. We no longer occupy an intermediate position on the food chain; instead we survey it invulnerably from above - so far above that we are in danger of forgetting that we even belong to an ecosystem. David Quammen's enthralling new book covers the four corners of the globe as he explores the fate of lions in India's Gir forest, saltwater crocodiles in Northern Australia, brown bears in the mountains of Romania, and Siberian tigers. Tracking these great and terrible beasts through the toughest terrain in the world, Quammen is equally intrigued by the traditional relationship between the great predators and the people who live among them, and weaves into his story the fears and myths that have haunted humankind for 3000 years.
Münsteraner Sachverständigengespräche: Beurteilung und Begutachtung der Berufsunfähigkeit (Münsteraner Sachverständigengespräche)
by W.H.M. Castro M. F. Hein K. G. Mangen I. Mazzotti G. Müller N. Neumann H. H. Raspe F. SchröterDie Sachverständigengespräche, ausgerichtet durch das Orthopädische Weiterbildungsinstitut Münster in Zusammenarbeit mit der Klinik und Poliklinik für Allgemeine Orthopädie der Westfälischen Wilhelms-Universität Münster unter der Schirmherrschaft "Initiativkreis Medizinische Begutachtung" sind jährliche Veranstaltungen, die sich mit der Beurteilung und Begutachtung orthopädischer Krankheitsbilder aus interdisziplinärer Sicht befassen.
The Myth of Civil Society: Social Capital and Democratic Consolidation in Spain and Brazil
by O. EncarnaciónAlmost irrespective of the geographic setting, the debate about the future of democracy in post-authoritarian societies is increasingly tied to the strength of civil society. A strong civil society is thought to be crucial to the emergence of successful democracies while a weak civil society is deemed the cause of flawed or frozen democracies. Using contrasting evidence from Spain and Brazil, this study challenges these widespread assumptions about contemporary democratization. It argues that it is the performance of political institutions rather than the configuration of civil society that determines the consolidation of democratic regimes.