Methods, theory and philosophy of law Books
Taylor & Francis Ltd The Counsel of Rogues A Defence of the Standard Conception of the Lawyers Role
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Taylor & Francis Drafting Legislation
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Taylor & Francis Ltd Exploiting the Limits of Law Swedish Feminism and the Challenge to Pessimism
Book SynopsisMoving beyond the question of whether an area of scholarly investigation can truly be characterized as ''legal'', Exploiting the Limits of Law combats the often unhelpful constraints of law''s subject-matter and formal processes. Through a process of reflection on the limits of law and repeated efforts to redraw them, this book challenges the general sense of pessimism among feminists and others about the usefulness of law as an instrument of change. The work combines theoretical analysis of the law''s boundaries with investigation of the practical settings for changing legal and policy environments. Both the empirical focus of this volume, and its underlying theoretical concern with the limits of the law and its gender implications, render it of interest to legal scholars throughout the world, whether of EU law, feminism, social policy or philosophy.Trade Review'This book deepens our understanding of Swedish legal feminism by contextualising it within the paradigms and epistemologies of Nordic legal scholarship. The authors’ thoroughgoing excavation of the field and their sustained, feminist challenge to the boundaries and limits of accepted legal knowledge, are both thought-provoking and inspiring.' Professor Rosemary Hunter, University of Kent, UK and Chair, Working Group on Gender and Law, Research Committee on Sociology of Law 'This joint Swedish-Australian edited book is useful and inspiring for those generally interested in contemporary understandings of law in a changing world. It takes advantage of the fact that this world is legally plural. The challenges to Nordic understandings of law and to feminist pessimism offered in the diverse theoretical and practice oriented contributions are both timely and uplifting.' Professor Hanne Petersen, University of Copenhagen, Denmark 'Exploiting the limits of law is a well-edited collection of exciting articles moving beyond the disciplinary question of what exactly should or could be characterised as 'legal' studies. The book offers very helpful critical analysis for all those interested in Scandinavian realism, legal dogmatics, current developments in welfare state feminism and the shortcomings of critical legal studies in the Nordic context, from a feminist point of view. It also contributes to the critical discussion on how to approach the question of law and politics, and how to challenge the social inequalities and power structures that reproduce gender inequalities and sexual hierarchies. The book is very suitable for use as course material in EU law, feminist jurisprudence, social policy, history of law and women's law.' Feminist Legal StudiesTable of ContentsChapter 1 Reflecting the Epistemology of Law – Exploiting Boundaries, ÅsaGunnarsson, Eva-MariaSvensson, MargaretDavies; Chapter 2 Boundary-Work in Legal Scholarship, Eva-MariaSvensson; Chapter 3 An Apparent Boundary Between Law and Politics, ÅsaPersson; Chapter 4 Legal Texts as Discourses, JohannaNiemi-Kiesiläinen, PäiviHonkatukia, MinnaRuuskanen; Chapter 5 Beyond Constructed Boundaries in Criminal Law Discourse, MonicaBurman; Chapter 6 Children Crossing Borders – On Child Perspectives in the Swedish Aliens Act and the Limits of Law, EvaNilsson; Chapter 7 Challenging the Heteronormativity of Law, GörelGranström; Chapter 8 Social Insurance Law – The Core of Swedish Welfare Law, RuthMannelqvist; Chapter 9 Challenging one Fundamental Norm in Labour Law – the Exception of the Employer’s Family and Home, CatharinaCalleman; Chapter 10 Exclusion of Solo Mothers in the Welfare State, LenaWennberg; Chapter 11 Gender Equality and the Diversity of Rights and Obligations in Swedish Social Citizenship, ÅsaGunnarsson; Chapter 12 Notes Towards an Optimistic Feminism, MargaretDavies;
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Taylor & Francis Ltd Transforming Legal Education
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Taylor & Francis Ltd The Classic Social Contractarians Critical Perspectives from Contemporary Feminist Philosophy and Law
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Taylor & Francis Ltd Liquid Society and Its Law Applied Legal Philosophy
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Taylor & Francis Ltd Legal Symbolism On Law Time and European Identity
Book SynopsisJirà PribÃn''s book contributes to the field of systems theory of law in the context of European legal and political integration and constitution-making. It puts recent European legislative efforts and policies, especially the EU enlargement process, in the context of legal theory and philosophy. Furthermore, the author shows that the system of positive law has a symbolic meaning, reflecting how it also contributes to the semantics of political identity, democratic power and moral values, as well as the complex relations between law, politics and morality.Trade Review'Jiri Priban brilliantly challenges us to rethink our conventional ideas about the relationship between morality, culture and law - in particular, constitutional law. In this erudite and compelling book, he takes up the thorniest problems of today’s Europe, including the enlargement of the European Union and post-communist constitution-making in Central Europe, and analyses them against the theory of symbolic communication through law. A bold, ambitious, relentlessly intelligent work.' Wojciech Sadurski, Professor in the Department of Law; European University Institute in Florence. 'Jirà Pribán's rich and sophisticated discussion thoughtfully explores law's complex interactions with morality and politics, and the crucial significance of constitutions in linking legal, moral and political systems. Not least, he highlights major implications for European politics today of the legal and constitutional realities he identifies.' Roger Cotterrell, Anniversary Professor of Legal Theory Queen Mary, University of London 'Pribán manages to put together a timely exposition of the connection between law, politics and morality, both abstractly and in the context of post-communist Central Europe, through a convincing reworking of his previous theses and and expansion in the direction of a firmer understanding of temporality.' International Journal for the Semiotics of LawTable of ContentsContents: Series editor's preface; Introduction; Part I Theory of Symbolic Communication in Law: A Social Systems Perspective: Constitution-making and the symbolic rationality of law: a systemic differentiation of law, politics and morality; The symbolic evolution of political identity from the spirit of the laws; Law and the symbolization of time: the limits of dealing with the past and the future. Part II Identity and Law: European Reflections on Demos and Ethnos: Civil and ethnic traditions and identities: post-communist constitution-making in Central Europe; Identity, constitution-making and the enlargement of the European Union; The symbolic power of European law and search of European politics. Part III The Temporality of Justice: Between Retrospective Laws and Prospective Politics: The retrospectivity of laws and the temporality of justice in post-communist Central Europe; Moral paradoxes of legal justice: an analysis of restitutive and administrative dealing with the past; On legal symbolism and social theory: concluding remarks; Bibliography; Index.
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Taylor & Francis Ltd Islam Beyond Conflict Indonesian Islam and
Book SynopsisPolitically, Islam in Indonesia is part of a rich multi-cultural mix. Religious tolerance is seen as the cornerstone of relations between different faiths - and moderation is built into the country''s constitutional framework. However, the advent of democracy coupled with the impact of the South-East Asian economic collapse in 1997, and the arrival of a tough new breed of Middle Eastern Islamic preachers, sowed the seeds of the current challenge to Indonesia''s traditionally moderate form of Islam. This volume explores the extent to which moderate Indonesian Islam is able to assimilate leading concepts from Western political theory. The essays in the collection explore how concepts from Western political theory are compatible with a liberal interpretation of Islamic universals and how such universals can form the basis for a contemporary approach to the protection of human rights and the articulation of a modern Islamic civil society.Trade Review'Asking whether Islam and democracy are compatible requires us to explore our understandings of both. This important book brings together thinkers from two very relevant countries - Indonesia and Australia - to pursue the theoretical and real-world complexities that lurk here. It should be read by commentators, policy makers, activists and scholars. M. C. Ricklefs, National University of Singapore, Singapore 'This volume draws together well-informed critical reflections from both Western and Indonesian Islamic perspectives on citizenship, democratization, pluralism, civil society, and the rule of law. The conversations that emerge from this highlight internal tensions and complexities of both traditions in ways that illuminate important aspects of their contemporary interactions.' Michael Feener, National Univerisity of Singapore, SingaporeTable of ContentsContents: Introduction, Azyumardi Azra and Wayne Hudson; Political modernity and Indonesian Islam, Azyumardi Azra and Wayne Hudson; Islamic perspectives and the rule of law and constitutionalism, N.A. Fadhil Lubis; Constitutional values and an Islamic state, Adnan Buyung Nasution; The ambiguities of the rule of law, Brian Galligan; Western and Islamic conceptions of the rule of law, Spencer Zifcak; Democracy and Islam, Bahtiar Effendy; Islam and democratisation in Indonesia, Ahmad Syafi 'i Maarif; Islam and the claims of democracy, Graham Maddox; Democratic leadership, Haig Patapan; Islamic perspectives on citizenship and statehood, N.A. Fadhil Lubis; Towards a conceptual framework for citizenship, Geoffrey Stokes; Liberal and communitarian approaches to citizenship, Janna Thompson; Problems with citizenship, Barry Hindess; Religious pluralism in Indonesia, Azyumardi Azra; Nationalism and liberalism, John Kane; Pluralism and universalism, George Crowder; Human rights and duties in Islam, N.A. Fadhil Lubis; Human rights and pluralism, Joseph Camilleri; Civil society and tolerance in Indonesia, Saiful Mujani; Civil society and the media in Indonesia, Philip Kitley; Indonesian Islam and democracy: ways ahead, Wayne Hudson and Azyumardi Azra; Index.
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Taylor & Francis Ltd Laws Task The Tragic Circle of Law Justice and Human Suffering Applied Legal Philosophy
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Taylor & Francis Ltd Creating New States Theory and Practice of Secession
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£128.25
Taylor & Francis The Militant Democracy Principle in Modern Democracies
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Taylor & Francis Ltd Architectures of Justice Legal Theory and the Idea of Institutional Design Applied Legal Philosophy
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Taylor & Francis Ltd Law at the Vanishing Point A Philosophical Analysis of International Law Applied Legal Philosophy
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£94.59
Taylor & Francis Reenvisioning Sovereignty The End of Westphalia Law Ethics and Governance
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Taylor & Francis Law and Agonistic Politics Edinburgh Centre for Law and Society
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Taylor & Francis Public Law and Politics
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Taylor & Francis Ltd The Integrity of the Judge A Philosophical Inquiry Law Justice and Power
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Taylor & Francis Ltd The Concept of Law from a Transnational Perspective Applied Legal Philosophy
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Taylor & Francis Ltd Epistemic Uncertainty and Legal Theory Applied Legal Philosophy
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Taylor & Francis Ltd Election Law and Democratic Theory Election Law Politics and Theory
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Taylor & Francis Ltd (Sales) Feminist and Queer Legal Theory Intimate Encounters Uncomfortable Conversations
Book SynopsisA collection that engages in a rigorous and sometimes contentious exploration of the legal, political, social and cultural implications of the authors' distinct theoretical approaches to gender and sexuality.Trade Review'This exploration of tensions among feminist and queer theorists is possibly the most useful theory anthology of the decade. Tensions are put in play by placing superlative essays in each other's path and letting the provocations rip. Sure to produce a watershed moment for the trajectories of both theory genres, the anthology is so smartly organized and interspersed with incisive editorial material that it will teach itself.' Wendy Brown, University of California, Berkeley, USA '... an eclectic and interesting collection of essays rethinking legal categories and policies through feminist and gay perspectives. In this volume, one will encounter the sexual family, the sanitized workplace, compulsory matrimony, transgressive caretaking, and other iconoclastic concepts.' William Eskridge, Yale University, USATable of ContentsIntroduction: Feminist and Queer Legal Theory; Queer With or Without Feminist Legal Theory?; Queer Theory by Men 1; Theorizing Yes: An Essay On Feminism, Law, and Desire 1; The Sexual Family 1; The Sanitized Workplace Revisited 1; Queering Sexual Orientation: A Call for Theory as Praxis; Feminist With or Without Queer Legal Theory?; How Queer Theory Makes Neoliberalism Sexy; Proper Objects, Different Subjects and Juridical Horizons in Radical Legal Critique; A Few Words in Favor of Cultivating an Incest Taboo in the Workplace 1; Care and Feminists 1; Methodological Descriptions: “Feminist” and “Queer” Legal Theories; Pluralizing Difference; The Epistemic Contract of Bisexual Erasure 1; Black Rights, Gay Rights, Civil Rights; The Transgender Rights Imaginary 1; Compulsory Monogamy and Polyamorous Existence 1; The Politics and Law of Kinship, Intimacy, and Care; This Is Not Your Father's Autonomy: Lesbian and Gay Rights From a Feminist and Relational Perspective 1; Compulsory Matrimony; From Paternafare to Marriage Promotion: Sexual Regulation and Welfare Reform; Transgressive Caregiving; Law and Strategy at the Crossroads of Feminist and Queer Legal Theories; The Troubled Relationship of Feminist and Queer Legal Theory to Strategic Essentialism: Theory/Praxis, Queer Porn, and Canadian Anti-discrimination Law; Poststructuralism on Trial; Queer Victory, Feminist Defeat? Sodomy and Rape in Lawrence v. Texas; Postscript: Curious Encounters, Unpredictable Conversations
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Taylor & Francis Ltd Feminist and Queer Legal Theory Intimate Encounters Uncomfortable Conversations
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£65.54
Taylor & Francis Ltd The Case for Congress Separation of Powers and the War on Terror
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Taylor & Francis Ethics and Socially Responsible Investment A Philosophical Approach Law Ethics and Governance
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Taylor & Francis The Supreme Court and Benign Elite Democracy in Japan
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Taylor & Francis Ltd Legal Evidence and Proof
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Taylor & Francis Ltd Political Parties and Elections Legislating for Representative Democracy Election Law Politics and Theory
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Taylor & Francis Ltd Law as Institutional Normative Order EdinburghGlasgow Law and Society
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Taylor & Francis Ltd Legitimacy Legal Development and Change Law and Modernization Reconsidered
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Taylor & Francis Ltd State Secretaries of State
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Taylor & Francis Ltd Integrity Systems for Occupations Law Ethics and Governance
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Taylor & Francis Ltd Biotechnological Inventions
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Taylor & Francis The Export of Legal Education Its Promise and Impact in Transition Countries
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Taylor & Francis Ltd Holy Writ
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Taylor & Francis Ltd Constitutional Paradigms and the Stability of States
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Taylor & Francis Ltd Cultural Difference on Trial The Nature and Limits of Judicial Understanding Applied Legal Philosophy
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Taylor & Francis Adriana Cavarero Resistance and the Voice of Law Nomikoi Critical Legal Thinkers
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Taylor & Francis The Rule of Unwritten International Law
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Taylor & Francis Mind Language and Morality
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Taylor & Francis Legal Education in the Global Context
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Taylor & Francis Ltd International Law and the Relationality of States
This book critically engages with theories of the recognition of states under international law. Demonstrating that recognition is a constitutive relation that is imperative for the construction of international subjects, the book argues that prevalent theories of recognition fall short of accommodating this imperative.The book traces the source of this shortcoming to Vattel's notion of absolute sovereignty. A paradox pertains to this notion as absolutely independent states seemingly come into being in a community which sets the law that determines statehood. The book shows how this paradox is reproduced in constitutive theorists' idea of recognition as a sovereign gesture of consent and declarative theorists' perception that states can come into being on a singular basis, without any need for interaction. This necessitates a rethinking of the role of recognition in a way that circumvents the problems generated by the notion of absolute independence, whilst accommodating the
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Taylor & Francis Legal Ethics for Lawyers
Book SynopsisThis book proposes a new model of professional ethics enabling lawyers to advise clients upon both the law and ethics. This will better protect clients, and society, and enhance lawyersâ professional obligations. The current model of legal ethics, developed in the 19th century, specified that the role of lawyers was only to interpret the law, not also to give ethical advice. This was acceptable to lawyers, clients, and society at that time. However, this is not the case now and legal ethics no longer reflects the needs of modern legal practice. This book draws on moral philosophy to present a new model of legal ethics that explains the analytical process to include ethical advice. It analyses the potential harm of the present model to the legal profession who have duties to the law and justice that may compete with demands by clients to serve them. Further, lawyersâ duty to clients to act in their best interests is sometimes not adequately fulfilled as legal ethics does not permit l
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Taylor & Francis Justifying Violent Protest
Book SynopsisThis book presents a radical, but compelling, argument that liberal democracies must be able accommodate violent protest. We often think of violent protest as being alien to liberal democracy, an extraordinary occurrence within our peaceful societies. Yet this is simply untrue. Violent protest is a frequent and normal part of democratic life. The real question is: should it be? Can rebellion or riot against government ever be morally justifiable in our society? By framing state demands for obedience as legitimacy claims, or moral arguments, states who make illogical and unjust laws make weaker arguments for obedience. This in turn gives citizens stronger moral reasons to disobey. Violence can act as moral dialogue â with expressive and instrumental value in denouncing unjust laws â and can have just as important a role in democracy as peaceful protest. This book examines the activism of Hong Kong pro-democracy protesters, Extinction Rebellion, Black Lives Matter, and many other grou
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Taylor & Francis What Kind of Death
Book SynopsisMany books have been published about physician-assisted death. This book offers a comprehensive and in-depth examination of that subject, but it also extends the discussion to a broader range of end-of-life decisions including suicide, palliative care and sedation until death. In every jurisdiction that has laws permitting some kind of physician-assisted death, a central point of controversy is whether such assistance should only be available to dying patients, or to everyone who wants to end his life. The right to determine the manner and time of oneâs own death, however, does not necessarily mean that physicians should be permitted to cooperate in ensuring a quick and peaceful death. In this book, Govert den Hartogh considers the fundamental and practical matters â including concrete issues of legal regulation â related to end-of life decision making. He proposes a two-tiered system. Everyone should have access to humane means of ending his life, if his decision to end it iTable of ContentsChapter 1. IntroductionPart I: SuicideChapter 2. Determining the manner and time of your own deathChapter 3. The invisibility of rational suicideChapter 4. Which actions should we count as suicides?Chapter 5. What is implied by the right to suicide?Part II: Palliative care and palliative sedationChapter 6. Suffering and dying well: on the proper aim of palliative careChapter 7. Continuous deep sedation and homicideChapter 8. Sedation until death: indicationsPart III: EuthanasiaChapter 9. Euthanasia and the right to self-determinationChapter 10. Ending lives with and without requestChapter 11. The risks of legalizationChapter 12. The Dutch and Belgian euthanasia laws: Potemkin villages?Part IV: Hard casesChapter 13. Mental illnessChapter 14. Death wishes of the elderlyChapter 15. The authority of advance directivesChapter 16. Designing a regulatory system
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Taylor & Francis Ltd The Routledge Handbook of Philosophy of Responsibility
Book SynopsisThe philosophical inquiry of responsibility is a major and fast-growing field. It not only features questions around free will and moral agency but also addresses various challenges in the social, institutional, and legal contexts in which people are being held responsible.The Routledge Handbook of Philosophy of Responsibility is an outstanding survey and exploration of these issues. Comprised of forty-one chapters by an international team of contributors, the Handbook is divided into three clear parts on the history, the theory, and the practice of responsibility within which the following key topics are examined: responsibility and wrongdoing responsibility and determinism the scope of responsibility the responsibility of individuals within society the concepts of responsibility the conditions and challenges of responsibility the practices of being and holding responsible the ethics and polTable of ContentsIntroduction Maximilian Kiener Part 1: The History of Responsibility Section 1: Responsibility and Wrongdoing 1. Plato on Vice Marcel van Ackeren 2. Hegel on Guilt Mark Alznauer Section 2: Responsibility and Determinism 3. The Stoics: What Kind of Responsibility is Compatible with Divine Providence? Rachana Kamtekar 4. Hobbes Against Bramhall: Moral Responsibility, Free Will, and Mechanistic Determination Thomas Pink 5. Hume on Free Will and Moral Responsibility Peter Millican 6. Sidgwick on Free Will and Ethics Anthony Skelton Section 3: The Scope of Responsibility 7. Aristotle on Legal and Moral Responsibility: Interpretation and Reform Terence Irwin 8. Kant on Absolute Responsibility and Transcendental Freedom David Sussman Section 4: Individuals and Society 9. Responsibility in Confucian Thought David Wong 10. Aquinas on Holding Others to Blame Jeffrey Hause Part 2: The Theory of Responsibility Section 5: The Concepts of Responsibility 11. Responsibility and Agency Maria Alvarez 12. Responsibility and Causation Alex Kaiserman 13. Responsibility and The Deep Self Monika Betzler 14. Responsibility and Emotion Andreas Carlsson 15. Varieties of Answerability Maximilian Kiener Section 6: The Conditions and Challenges of Responsibility 16. The Consequences of Incompatibilism Patrick Todd 17. Free Will and The Case for Compatibilism Carolina Sartorio 18. Deliberation and the Possibility of Skepticism Simon-Pierre Chevarie-Cossette 19. Responsibility and Manipulation Massimo Renzo 20. Responsibility and Coercion Carla Bagnoli 21. Ignorance and the Epistemic Condition Daniel Miller 22. Moral Competence and Mental Disorder Lubomira Radoilska 23. Excuse, Capacity and Convention David Owens Part 3: The Practice of Responsibility Section 7: Being and Holding Responsible 24. Blaming Leonhard Menges 25. Communicating Praise Daniel Telech 26. The Standing to Blame Matt King 27. Apology and Forgiveness Andrea Westlund 28. Taking Responsibility Elinor Mason 29. Responsibility Without Blame Bruce Waller 30. Holding Responsible in the African Tradition: Reconciliation Applied to Punishment, Compensation, and Trials Thaddeus Metz Section 8: The Ethics and Politics of Responsibility 31. Artificial Intelligence and the Imperative of Responsibility: Reconceiving AI Governance as Social Care Shannon Vallor and Bhargavi Ganesh 32. Moral Responsibility for Historical Injustice Michael Schefczyk 33. Corporate Digital Responsibility Alexander Filipović 34. Reckless Complicity: International Banks and Future Climate Henry Shue 35. Responsibility and Gender Paula Casal Section 9: Responsibility in the Law 36. Legal and Moral Responsibility Peter Cane 37. The Voluntary Act Requirement in Criminal Law John Hyman 38. Strict Liability and Strict Responsibility Antony Duff 39. Responsibility and Pre-Trial Detention Kim Ferzan 40. Responsibility for Others Jenny Steele 41. Legitimate Divergence Between Moral and Criminal Blame Alexander Sarch. Index
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Taylor & Francis Democracy Religion and Commerce
Book SynopsisThis collection considers the relationship between religion, state, and market. In so doing, it also illustrates that the market is a powerful site for the cultural work of secularizing religious conflict. Though expressed as a simile, with religious freedom functioning like market freedom, âœfree market religionâ has achieved the status of general knowledge about the nature of religion as either good or bad. It legislates good religion as that which operates according to free market principles: it is private, with no formal relationship to government; and personal: a matter of belief and conscience. As naturalized elements of historically contingent and discursively maintained beliefs about religion, these criteria have ethical and regulatory force. Thus, in culture and law, the effect of the metaphor has become instrumental, not merely descriptive. This volume seeks to productively complicate and invite further analysis of this easy conflation of democracy, religion, and the marke
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Taylor & Francis Ltd Total Lawfare
Book SynopsisThis book advocates for a novel doctrine of âtotal lawfareâ as part of a comprehensive approach to modern hybrid warfare.The book begins by introducing the military concept of âlimited lawfareâ in the context of modern geopolitical conditions. It proceeds to set out a conceptual history of lawfare in the West, highlighting conceptual shortcomings and NATOâs limited capabilities in this branch of hybrid warfare. It then provides a comparative case study and strategic threat assessment of the Chinese concept of âunrestricted lawfareâ. Against this, the book grounds an ethical doctrine of âtotal lawfareâ within the Western jurisprudential tradition and translates this into practice as a key pillar of modern defense strategy under the rule of law. The book concludes by advocating for a Thielian âNew Defenseâ industry centered upon âtotal lawfareâ as a legitimate and effective Western response to enemy aggression.The book will be of interest to academics, policy-makers, and students working in the fields of lawfare, jurisprudence, and military law.
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Taylor & Francis The Ethics and Economics of Liberal Democracies
Book SynopsisRarely in the short history of liberal-democratic government has a primer on basic liberal-democratic values and institutions been more needed than now. Popular discontent, even anger, with democratic governments has grown steadily over the past twenty years. Not since the 1930s have citizens and their elected officials been so baffled about their respective roles in the maintenance of both democratic governments and liberal economies. This book attempts to address this growing need. Especially written as a primer for courses in Philosophy, Politics and Economics (PPE), it has introductory chapters on all three main disciplines. It also has chapters on the rule of law and on three important public-policy areas Corruption, Climate and Civil Society. Individual topics discussed include free and fair elections, populism, responsible government, republican and Westminster systems of government, regulated free markets, the Great Recession of 2008, globalization, greenwashin
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