- Table View
- List View
Morality Without Foundations: A Defense Of Ethical Contextualism
by Mark TimmonsMorality Without Foundations investigates fundamental metaethical questions about the meaning, truth, and justification of moral thought and discourse. Mark Timmons maintains that all versions of descriptivism in ethics, particularly certain accounts of moral realism, fail. He argues insteadthat a correct metaethical theory should embrace some version of non-descriptivism. Timmons defends what he calls "assertoric non-descriptivism" which, unlike traditional non-descriptivist views, holds that moral sentences are typically used to make genuine assertions. In defending this view, heexploits contextual semantics, providing him with the semantic flexibility to develop an irrealist account of moral discourse. Timmons goes on to support a contextualist moral epistemology, completing his overall version of contextualism in ethics. Like his foundationalist rivals, Timmons recognizes that there are moral beliefs that are epistemically basic in providing a basis for the justification of non-basic moralbeliefs. Yet, he agrees with the coherentist in maintaining that there are no intrinsically justified beliefs that can serve as a single foundation for a system of moral knowledge. Timmons ultimately finds that regresses of justification of moral belief end with contextually basic beliefs--moralbeliefs which, in the relevant context, are responsibly held, but in other contexts might not be suitable as regress stoppers. Timmons' novel defense of morality without foundations offers provocative reading for philosophers working in the areas of ethics, epistemology, and metaphysics. Yet, written with the student in mind, his lucid presentation of difficult ideas makes this book accessible to students and newcomers tothe field of metaethics.
More Equal Than Others: Humans and the Rights of Other Animals
by Raffael N FaselUnprecedented demands have recently arrived at the doorstep of courts and parliaments the world over: nonhuman animals should receive some of the rights that have so far been reserved to human beings. This development has raised fundamental questions about the nature of legal rights, and who should have them. More Equal Than Others: Humans and the Rights of Other Animals provides a sustained analysis of the fundamental rights of human and nonhuman animals to explore the issue of whether conferring fundamental legal rights to animals would undermine the equal status and rights of humans. Raffael N Fasel proposes an unorthodox but practical solution to this issue: the Species Membership Approach (SMA). According to the SMA, legal rights and similar entitlements should be granted to animals based on the species to which they belong, not their individual capacities. By pioneering an approach that focuses on species membership rather than individual capacities, the author demonstrates how fundamental legal rights can be extended to nonhuman animals without threatening the status and equal rights of humans. This book examines the antithetical nature of the human rights and animal rights conceptions that have so far dominated the debate and demonstrates how a middle ground can be reached between these opposing conceptions. Informed by the forgotten history of animal and human rights in the French Enlightenment, More Equal Than Others radically reimagines the spectrum of fundamental rights conceptions.
Moss, Fletcher and Isaacs on The EU Regulation on Insolvency Proceedings
The last decade has seen considerable changes in the main Regulation on cross-border insolvencies in the EU, the EU Regulation on Insolvency Proceedings (EIR). Many of those changes have been fundamental, including the application of the Recast EIR and the departure of the United Kingdom from the European Union. As EU law and its effect on member-states changes, Moss, Fletcher and Isaacs on the EU Regulation on Insolvency Proceedings remains the guide for legal precedents while including new developments in the field. Each edition of this seminal work has served as a practical tool for lawyers and students alike, being widely cited within the EU and domestic courts. This fourth edition includes a new Chapter dealing with the impact of the UK's departure from the EU on insolvency proceedings in the UK. It also examines new case law from the European Court of Justice (ECJ), including iUB v VA (exclusive jurisdiction under Insolvency Regulation), Silverira v Espirito Santo (Article 15 - effect on lawsuits pending), and Wiemer & Trachte GmbH v Tadzher (Article 6 - jurisdiction re avoidance actions). An invaluable resource for practitioners and academics alike, this updated volume provides an expert commentary on the evolution in the EIR- which will be useful to lawyers not only within the CJEU but in all 27 member states as well.
Moss, Fletcher and Isaacs on The EU Regulation on Insolvency Proceedings
The last decade has seen considerable changes in the main Regulation on cross-border insolvencies in the EU, the EU Regulation on Insolvency Proceedings (EIR). Many of those changes have been fundamental, including the application of the Recast EIR and the departure of the United Kingdom from the European Union. As EU law and its effect on member-states changes, Moss, Fletcher and Isaacs on the EU Regulation on Insolvency Proceedings remains the guide for legal precedents while including new developments in the field. Each edition of this seminal work has served as a practical tool for lawyers and students alike, being widely cited within the EU and domestic courts. This fourth edition includes a new Chapter dealing with the impact of the UK's departure from the EU on insolvency proceedings in the UK. It also examines new case law from the European Court of Justice (ECJ), including iUB v VA (exclusive jurisdiction under Insolvency Regulation), Silverira v Espirito Santo (Article 15 - effect on lawsuits pending), and Wiemer & Trachte GmbH v Tadzher (Article 6 - jurisdiction re avoidance actions). An invaluable resource for practitioners and academics alike, this updated volume provides an expert commentary on the evolution in the EIR- which will be useful to lawyers not only within the CJEU but in all 27 member states as well.
The Multinational Challenge To Corporation Law: The Search For A New Corporate Personality
by Phillip I. BlumbergModern multinational corporate groups of incredible complexity conducting world enterprises through numerous subsidiaries have rendered traditional corporation law archaic. The traditional concept of each corporation as a separate legal unit clashes with modern economic realities and frustrates effective regulation when applied to affiliated corporations collectively conducting a common enterprise. In response, there is emerging a law of corporate groups directed at the enterprise rather than its corporate components. As national legal systems begin to apply enterprise law to multinationals, including their foreign companies, the resulting extraterritorial application of national law inevitably leads to international controversy. Resolution of the problems presented by conflicting national regulation of multinational enterprises presents a major challenge to international law and foreign relations law, as well as to corporation law. This volume is a comprehensive review and analysis of these major legal developments and their economic and political implications. It concludes with a pathbreaking analysis of the jurisprudential implications of the changing corporate personality in enterprise law focusing on economic organization rather than on the conceptualized legal entity of yesterday.
Music Borrowing and Copyright Law: A Genre-by-Genre Analysis
This ground-breaking book examines the multifaceted dynamics between copyright law and music borrowing within a rich diversity of music genres from across the world. It evaluates how copyright laws under different generic conventions may influence, or are influenced by, time-honoured creative borrowing practices.Leading experts from around the world scrutinise a carefully selected range of musical genres, including pop, hip-hop, jazz, blues, electronic and dance music, as well as a diversity of region-specific genres, such as Jamaican music, River Plate Tango, Irish folk music, Hungarian folk music, Flamenco, Indian traditional music, Australian indigenous music, Maori music and many others.This genre-conscious analysis builds on a theoretical section in which musicologists and lawyers offer their insights into fundamental issues concerning music genre categorisation, the typology of music borrowing and copyright law's ontological struggle with musical borrowing in theory and practice. The chapters are threaded together by a central theme, ie, that the cumulative nature of music creativity is the result of collective bargaining processes among many 'musicking' parties that have socially constructed creative music authorship under a rich mix of generic conventions.
National Security Law, Procedure and Practice
by Robert Ward David BlundellA comprehensive, detailed and updated account of UK national security law in all its aspects, National Security Law, Procedure and Practice is the only book to collate and explain all the elements of law, both substantive and procedural, and the practical issues which may arise in national security litigation. The specialised nature of the subject makes this book a vital text, not only for those seeking an overview of national security law, but also for experienced practitioners instructed to act in proceedings in which national security issues may arise. The intense media and public scrutiny which accompanies many national security cases makes this book of interest to a wider audience seeking to understand the legal context of such cases. This new edition draws on the professional experience of a team of expert contributors and covers all recent legislation, case law and guidance. It provides a detailed explanation of the National Security Act 2023, which repeals and replaces the existing law relating to state threats. The new Act introduces significant new offences and executive powers, including the power to impose state threat prevention and investigation measures ('STPIMs'), and creates a new scheme for the registration of foreign political influence activities. The second edition also includes analysis of the landmark Supreme Court decision in Shamima Begum, which re-evaluates the respective roles of the government and the courts in national security matters and has ramifications throughout the work; a comprehensive explanation of the National Security and Investment Act 2021; a fully revised chapter on sanctions law; and an updated explanation of the continued impact of EU law on UK national security law. This second edition of National Security Law, Procedure and Practice will be an invaluable resource for judges, policymakers, legislators, oversight bodies, academic experts and students in a variety of legal fields.
Natural Law and Modern Society
by Sean CoyleModern society is riven by social divisions: between conservatives and progressives; liberals and socialists; the mainstream and the rise of far-right political groups etc. Instead of truth, there are ‘post-truth’ and ‘alternative facts’. In the wake of problems caused by untruthful politicians and world leaders, by Brexit and Covid, the need to repair or rebuild our communities has become paramount, but what kind of community should we build, and on what foundations? This book suggests that natural law is such a foundation. Natural Law and Modern Society presents a new theory of natural law, grounded in the thought of Saint Thomas Aquinas, aimed at answering questions relevant to the world of today: from the nature of morality and ethics to the theory of law, obligation and political authority; from the domestic realm to international community. It seeks to elicit from the natural law tradition timeless truths concerning the human condition, in particular the social and political dimensions to human existence. This mode of existence, it argues, is not a problem to be resolved through some permutation of political institutions, but a predicament to be managed. At the heart of the book is the identification of a 'core morality': a set of moral requirements that are foundational to every society at all places and times, as distinct from those standards that are particular to this or that society at some time.
New Directions in Norwegian Maritime History (Research in Maritime History #46)
by Lewis Fischer Even LangeThis book is a wide-reaching study of Norwegian maritime history and developments within the discipline. It brings together the research efforts of a University of Oslo project aiming to further understand Norwegian shipping history between 1814 and 2014, and the work of a new generation of maritime historians. Structured into three sections - global integration, political issues, and success and failure - the volume covers a broad range of maritime topics that have influenced both Norwegian economic development and Norwegian cultural identity. Through analysis it discovers that in the last few decades Norwegian shipping has been plagued by multiple troubles, whilst simultaneously becoming less crucial to the Norwegian economy in favour of offshore petroleum production. However, it reiterates the historical importance of shipping to the economic development of Norway, and asserts that historians have begun to treat it as the centre from which other industries grew.
The New EU Competition Law
by Pablo Ibáñez ColomoThis book provides the first comprehensive account of the New EU Competition Law: an emerging understanding of the discipline that breaks from the consensus of the early 2000s and that ventures into uncharted territories. Competition law has undergone fundamental transformations in the past decade, from the rise and fall of the 'effects-based approach' to the challenge of Big Tech and the growing interaction with intellectual property. Making sense of these changes and fully grasping their implications can be difficult.The book discusses the shift from traditional enforcement in the industrial era to the sort of intervention that a knowledge-based economy demands. It presents the changes that the field is undergoing (policy priorities, relationship with regulation and intangible assets, move away from efficiency and consumer welfare) and illustrates them by reference to the most significant developments. The analysis includes an up-to-date evaluation of the Digital Markets Act and addresses the application of EU competition law to key areas, including energy, pharma, telecommunications and online platforms.Conceived as a 'modular' book, practitioners and advanced students will find it useful as a map to navigate the underlying trends and as an in-depth dissection of the key case law and administrative practice of the past decade.
The New Materialism
by J.K. FeiblemanA wholly new theory of matter has been advanced in the last half century by modern physics, but there has been no new theory of ma terialism to match it. The occurrence of a revolution of such magni tude in science will have to be understood as calling for a corresponding one in philosophy. The present work is an attempt to make a start in that direction. Grateful acknowledgment is hereby made to the Editors of the fol lowing journals for permission to reprint articles which first appeared in their pages: to Darshana for "Human Nature and Institutions"; to Diogenes for "Full Concreteness and the Re-Materialization of Matter"; to Perspectives in Biology and Medicine for "The Ambiva lence of Aggression and the Moralization of Man"; to Philosophy and Phenomenological Research for "Formal Materialism Reconfirmed" (which appears here revised and extended as "Formal Materialism: The New Version"), and for "Artifactualism: The Origin of Man and His Tools"; to Philosophy Today for "How Abstract Objects Survive"; to Religious Studies for "A Religion for the New Materialism"; and to Tulane Studies in PhilosoPhy for "A Material Theory of Reference. " PART ONE INTRODUCTION AND METHOD CHAPTER I THE SUBJECTIVE DIGRESSION Every philosophy endeavors to be as comprehensive as possible, and when philosophers speak they do so for the whole world.
Nicomachean Ethics (Dover Thrift Editions)
by AristotleHailed by Dante as "the master of those who know," the Greek philosopher Aristotle (384–322 B.C.) surveyed every field of learning known to the ancient world and pioneered the sciences of psychology and logic. A disciple of Plato and the tutor to Alexander the Great, Aristotle was a prolific writer, although many of his works have been lost. His treatises, used by the students of his famous Athenian school, the Lyceum, exerted a profound and lasting influence on Western thought.Aristotle's Nicomachean Ethics is one of the world's great books. Identifying happiness as the goal of life, he rejects pleasure, fame, and wealth as means to it. The summit of human achievement is attainable only through the contemplation of philosophic truth, because this practice exercises the virtue peculiar to the human being, the rational principle.This inexpensive edition of a philosophical landmark will prove an invaluable resource to students and general readers alike.
Non-doctrinal Research Methods in Environmental Law
This timely book explores the innovative non-doctrinal methods currently being used in environmental law research. Drawing on their extensive experience, expert contributors provide insight on how creative approaches to research can improve understanding of lawand policy, leading to more effective legal protection for the environment.Focusing on qualitative research, chapters explain how to use non-doctrinal methods in environmental law research, including in-depth examples of successful uses. Contributors identify the theoretical and practical challenges facing contemporary environmental lawresearchers, providing guidance on designing productive research programs. Alongside practical tips, the book examines the scholarly philosophy of environmental law research, determining how and why it differs from other areas of research. It focuses in particular on how to respect scientific principles when moving away from traditional doctrinal research methods. Non-doctrinal Research Methods in Environmental Law will be an invaluable guide for environmental law academics and researchers seeking to expand their understanding of modern research methods. With extensive case studies and practical guidance, it will also be a useful resource for research methods scholars and teachers.
Non-Human Rights: Critical Perspectives
Non-human rights are a reality today: this book unpacks their paradoxes as well as their significance for our historic crucible. As animals, rivers, mountains, rainforests, ecosystems, and synthetic entities such as machines, AI, and robots gain recognition as subjects of rights in different parts of the world, non-human rights become part of our ordinary legal landscape and vocabulary. This timely book provides a critical outlook on this rising trend at the crossroads of two of the main concerns of the 21st century: climate change and automation.In seeking to address the foundations, genealogies, philosophies, and impacts of non-human rights, the contributors to this volume examine both their potential and limitations. Are non-human rights just a mere extension of the liberal human rights discourse or, as some suggest, something else and new based on different principles? Are they a ‘revolution’ or just ‘more of the same’? Are they a practical solution that could ‘save us’ from climate disaster and self-destruction through automation or part of the problem and obstacle for social change?This book will be a vital resource for scholars and students of human rights, environmental law, animal rights, law and technology studies, legal theory, socio-legal studies, constitutional law and public international law. Providing an accessible overview of the changing patterns of the rights discourse in contemporary societies, it will also benefit anthropologists, climate and animal rights activists, political scientists, international relations scholars, policy makers and sociologists.
Nonideal Theory and Content Externalism (Studies in Feminist Philosophy)
by Jeff EngelhardtThis book charges that just about every philosophical theory of mind or language developed over the past 50 years in the West is systematically inaccurate. Systemic oppression has influenced the processes that theories of mind or language purport to identify; however, that same systemic oppression has also made it so that most middle-to-upper class White men (including most philosophers of mind or language) are ignorant of systemic oppression. Consequently, most theories of mind or language are systematically inaccurate because they fail to account for the influences of systemic oppression. Philosopher Jeff Engelhardt argues for the de-idealization of two influential theories in the philosophy of mind and language--social externalism and objective type externalism--and considers some consequences of the de-idealization project. Following the work of Charles Mills, Engelhardt argues that ideal theories adopt oppression-obscuring assumptions while nonideal theories avoid them (or at least try to). Ideal theories assume that language users are basically equal, and that social institutions and structures are basically just, but scholarship on Western social relations, institutions, and structures shows that in fact each of these is systematically influenced by oppression. Consequently, ideal theories tend to be systematically inaccurate. Moreover, since oppression systematically produces ignorance of systemic oppression, such systematically inaccurate theories are likely the norm rather than the exception. Engelhardt shows that once we've shown that oppression systematically influences the processes that determine linguistic meanings (according to content externalism), then we have reason to expand our notion of hermeneutical injustice, we have evidence that hermeneutical injustice occurs systematically, and we have grounds for expanding discussions of conceptual engineering to include questions about engineering the processes that determine concepts, not just concepts themselves.
The North Sea System for Petroleum Production: State Intervention on the British and Norwegian Continental Shelves
by Brent F. Nelsen Tina Soliman HunterThe North Sea System for Petroleum Production unpacks the variation in state intervention in offshore petroleum activities on the British and Norwegian continental shelves. This astute book also examines the causes of various policy convergences and divergences. Brent F. Nelsen and Tina Soliman Hunter illustrate how varying international conditions, interest group pressures and national cultures explain differences in state intervention that resulted in subsequent divergence and also highlight the issue of increased European demand against ongoing supply and delivery constraints. Considering current pledges to reduce carbon emissions, the book also investigates the increased role of the state in both countries to extract as much petroleum as possible whilst boosting offshore clean energy sources. Academics and students of energy policy and energy law will benefit not only from the historical overview of development but also from the discussions surrounding the evolution of British and Norwegian legal frameworks. Government officials and business professionals will also find the extensive analysis informative, creating a deeper understanding of how Britain and Norway have achieved success in harnessing the resources of foreign private companies.
Not What The Bus Promised: Health Governance after Brexit (Hart Studies in Law and Health)
by Professor Tamara Hervey Dr Ivanka Antova Dr Mark L Flear Dr Matthew WoodWhat does the UK's exit from the EU mean for health and the NHS? This book explains the legal and practical implications of Brexit on the NHS: its staffing; especially on the island of Ireland; medicines, medical devices and equipment; and biomedical research. It considers the UK's post-Brexit trade agreements and what they mean for health, and discusses the effects of the COVID-19 pandemic on post-Brexit health law. To put the legal analysis in context, the book draws on over 400 conversations the authors had with people in the north of England and Northern Ireland, interviews with over 40 health policy stakeholders, details of a film about their research made with ShoutOut UK, the authors' work with Parliaments and governments across the UK, and their collaborations with key actors like the NHS Confederation, the British Medical Association, and Cancer Research UK. The book shows that the language people use to talk about hoped-for legitimate post-Brexit health governance suggests a great deal of faith in law and legal process among 'ordinary people', but the opposite from 'insider elites'. Not What The Bus Promised puts the authors' knowledge and experiences centre frame, rather than claiming to express 'objective reality'. It will be of interest to any reader who cares about the NHS and wants to understand its present and future.
Nothing More Than Freedom: The Failure Of Abolition In American Law (Studies In Legal History Ser.)
by Giuliana Perrone
Observations on the Effects of the Corn Laws, and of a Rise or Fall in the Price of Corn on the Agriculture and General Wealth of the Country
by T. R. MalthusA revision of the corn laws, it is understood, is immediately to come under the consideration of the legislature. That the decision on such a subject, should be founded on a correct and enlightened view of the whole question, will be allowed to be of the utmost importance, both with regard to the stability of the measures to be adopted, and the effects to be expected from them.
Offshore Wind Licensing (Elgar Energy Law and Practice series)
This incisive book provides a timely and magisterial analysis of offshore wind licensing processes and their regulation from a global perspective. It not only explores the concept of licensing and the governance frameworks and backgrounds in which licensing rules are developed, but also looks at the crucial legal challenges facing the licensing of offshore wind farms that regulators, legislatures, operators, and legal practitioners are likely to encounter.Interdisciplinary in scope, the book provides an extensive analysis of the authorisation processes for wind parks at sea in multiple prominent jurisdictions. In addition, expert contributors representing an array of diverse perspectives examine key themes such as technology, meteorology, and environmental and maritime planning issues, and consider the pivotal role of wind farms in today’s rapidly evolving energy transition landscape.Key Features:Identifies legislative challenges and current regulatory gapsCutting-edge insights into the latest policy and regulatory trendsAuthoritative commentary on established and emerging offshore wind jurisdictionsHighlights the crucial role of licensing frameworks in the expansion of offshore wind projectsWith its practical focus, Offshore Wind Licensing will be a beneficial read for legal practitioners, academics, and policymakers seeking to understand renewable energy regulation and the authorisation process for generating offshore renewable electricity. Regulators and legislatures in countries with no offshore wind activity will similarly find this to be an indispensable resource.
On Arbitration: V. V. Veeder, Selected Writings and Contributions to the Development of Law
by Mr Samuel Wordsworth Ms Marie VeederThis volume brings together the most important articles, lectures, and essays of Van Vechten (Johnny) Veeder, a towering figure in the worlds of international commercial arbitration and arbitration between States and foreign investors. As noted by Judge Stephen Schwebel in his introduction to the volume, Johnny Veeder was unsurpassed as an arbitrator, tribunal chairman, expositor, analyst, and historian of international arbitration. The writings in this collection address a wide range of topics in the field, including the historical context of international arbitration and its influence on the modern-day practice, the role and responsibilities of the arbitrator, and the principles upholding international arbitration. The included works span the length of Johnny's career, drawing on his extensive learning and practical engagement. They analyse the past and present while asking prescient questions about arbitration's future in a changing global context. The reader of Johnny's essays and other contributions will profit by his extraordinary legal insight, and by the breadth and depth of his devotion to the arbitral process. The volume also gives a sense of his humanity, of his warmth and wit. Loved by his colleagues, his students, and indeed all those who came to know him, this volume is in celebration of the extraordinary achievements of this remarkable jurist, teacher, and human being.
Origins Of The Federal Judiciary: Essays On The Judiciary Act Of 1789
by Maeva MarcusThe Judiciary Act of 1789 established a federal court system, an experiment that became one of the outstanding features of American democracy. Yet little has been written about the origins of the Act. This volume of essays analyzes the Act from political and legal perspectives while enhancing our understanding of the history of the judiciary and its role in the constitutional interpretation.
Österreichisches Arbeitsrecht (Rechts- und Staatswissenschaften #22)
by Theo Mayer-MalyDiese Darstellung solI Studenten die Hauptprobleme des osterreichi schen Arbeitsrechts vorfiihren und jungen Juristen, die sich auf langere oder kiirzere Zeit (etwa wegen einer Verwendung beim Arbeitsgericht) mit dem Arbeitsrecht zu beschaftigen haben, eine erste Einfiihrung geben. Ein Kompendium des osterreichischen Arbeitsrechts, das eine vollstandige Dokumentation von Lehre und Rechtsprechung bietet, ist zwar dringend erforderlich, hatte aber meine Krafte iiberstiegen. Immerhin habe ich versucht, das wirklich judizierte Arbeitsrecht aufzuzeigen. Neben der Orientierung an der Rechtsprechung steht freilich sehr viel personliche Wertung und Kritik. Wie groB die Bedeutung der Rechtspolitik £iir die Jurisprudenz ist, lehrt kaum ein Rechtsgebiet so deutlich wie das Arbeits recht. Deshalb erschien es mir auch richtig, immer wieder auf die im Zug der Kodifikationsvorbereitung entworfenen Regelungsvorschlage (vor allem der beiden Teilentwiirfe von 1960 und 1962) hinzuweisen - unabhangig davon, wie groB die Chancen einer Gesetzwerdung des Projektierten sein mogen. Ich wollte ein Buch vorlegen, das man ziigig lesen kann. Daher habe ich Wiederholungen nicht gescheut und wohl auch Liicken in Kauf genommen. In einer Zeit, in der von Studenten das Recht zum Begriffs gerippe denaturierende Skripten bevorzugt werden, wahrend die Hand biicher fiir die Praxis den Leser durch Material erdriicken, meinte ich, dies riskieren zu diirfen. Fiir vielfache Unterstiitzung danke ich meinen Assistenten Dr. MARGARETE BECK-MANNAGETTA, Univ.-Doz. Dr. FRITZ RABER und Dr. ERWIN MIGSCH, ganz besonders aber meiner lieben Frau.