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Other Minds: Critical Essays 1969-1994
by Thomas NagelOver the past twenty-five years, Thomas Nagel has played a major role in the philosophico-biological debate on subjectivity and consciousness. This extensive collection of published essays and reviews offers Nagel's opinionated views on the philosophy of mind, epistemology, and political philosophy, as well as on fellow philosophers like Freud, Wittgenstein, Rawls, Dennet, Chomsky, Searle, Nozick, Dworkin, and MacIntyre.
Our Faithfulness To The Past Sfp C: The Ethics And Politics Of Memory
by Sue Campbell Christine M. Koggel Rockney Jacobsen
Our National Parks: A campaign for the preservation of wilderness (John Muir: The Eight Wilderness-Discovery Books)
by John Muir‘Any fool can destroy trees. They cannot run away ... God has cared for these trees ... but he cannot save them from fools – only Uncle Sam can do that.’First published in 1901, Our National Parks is possibly the bestselling book of Muir’s wilderness-discovery titles and was certainly the most influential published in his lifetime, with a strong focus on the preservation of forest reserves.With a strong political tone and shrewd, subtle manoeuvring, Muir uses Our National Parks to persuade his readership of the necessity of nature and national parks for human recreation and more importantly for health and wellbeing, as well as the – in his mind – obvious need for preservation of wild ecosystems.Cannily he counterbalances this with the acknowledgement of the need for timber and irrigation systems, in order that his message is taken seriously; Muir’s passion is portrayed so vividly and flamboyantly that without his learned political and scientific reinforcement, he could be misconstrued as purely a radical and eccentric nonconformist. However, the two combined result in an engaging and convincing argument that these landscapes are our ‘natural home’, and ‘fountains of life’.As Muir expert Terry Gifford observes in the foreword, ‘Muir’s tone can shift in this book from seductive persuasion, to charming details of creatures, flora and landscapes, to scientific information, to trail guide, to religious uplift, to a final political speech of startling ferocity.’John Muir’s strategic yet genuine and beautiful conservationist essays were a first at the time of publication, and are still highly applicable to our attitudes and lifestyles today in the twenty-first century.
Ownership of Proceeds of Corruption in International Law
by Kolawole OlaniyanRecovery of proceeds deriving from corruption is now increasingly recognized as a principle of contemporary international law. However, people's sovereign and ownership rights over their wealth and natural resources have remained more theoretical than real, especially in the global fight against corruption. As a result, the populations of victim-states often cannot hold their governments accountable for misusing proceeds of corruption, and do not benefit from the recovery, repatriation, management, and use of returned proceeds. In the first comprehensive study on the issue, Kolawole Olaniyan challenges the conventional notion that sovereign and ownership rights over wealth and natural resources - and by extension, the proceeds of corruption - should be exclusively exercised by states. Olaniyan's Ownership of Proceeds of Corruption in International Law examines the relationship between the right to wealth and natural resources, proceeds of corruption, and economic activities. Focusing on victims of corruption, the book argues that victim-states' populations ought to be empowered to pursue grand corruption and asset recovery actions against their governments. It proposes theoretical and legal remedies for recovering proceeds of corruption, encouraging the development of domestic laws.
The Oxford Handbook of Christianity and Law (Oxford Handbooks)
This volume tells the story of the interaction between Christianity and law-historically and today, in the traditional heartlands of Christianity and around the globe. Sixty new chapters by leading scholars provide authoritative and accessible accounts of foundational Christian teachings on law and legal thought over the past two millennia; the current interaction and contestation of law and Christianity on all continents; how Christianity shaped and was shaped by core public, private, penal, and procedural laws; various old and new forms of Christian canon law, natural law theory, and religious freedom norms; Christian teachings on fundamental principles of law and legal order; and Christian contributions to controversial legal issues. Together, the chapters make clear that Christianity and law have had a perennial and permanent influence on each other over time and across cultures, albeit with varying levels of intensity and effectiveness. This volume defines "Christianity" broadly to include Catholic, Protestant, and Orthodox traditions and various denominations and schools of thought within them. It draws on Christian ideas and institutions, norms and practices, texts and titans to tell the story of Christianity's engagement with the world of law over the past two millennia. The volume also defines "law" broadly as the normative order of justice, power, and freedom. The chapters address natural laws of conscience, reason, and the Bible and positive laws enacted by states, churches, and voluntary associations. Several chapters focus on Christian engagement with specific types of law: canon law, family law, education law, constitutional law, criminal law, procedural law, and laws governing labor, tax, contracts, torts, property, and beyond. Other chapters take up cutting edge legal issues of racial justice, environmental care, migration, euthanasia, and (bio)technology as well as fundamental legal principles of liberty, dignity, equality, justice, equity, judgment, and solidarity.
The Oxford Handbook of Comparative Constitutional Law (Oxford Handbooks)
The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court. The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? Moreover, what about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory. Providing the first single-volume, comprehensive reference resource, the 'Oxford Handbook of Comparative Constitutional Law' will be an essential road map to the field for all those working within it, or encountering it for the first time. Leading experts in the field examine the history and methodology of the discipline, the central concepts of constitutional law, constitutional processes, and institutions - from legislative reform to judicial interpretation, rights, and emerging trends.
Oxford Handbook of Digital Ethics (Oxford Handbooks)
by Prof Carissa VélizThe Oxford Handbook of Digital Ethics offers a lively, authoritative, up-to-date exploration of pressing ethical issues in our digital world. An international team of philosophers, some pioneers of digital ethics, others experts in related areas of philosophy, give critical appraisals of research in the this fast-growing field and locate it in the broader philosophical context. They push the discipline forward by exploring novel approaches and arguments that will shape the agenda on digital ethics for years to come. The Handbook gives readers tools to better understand problems which face us now in our digital lives, and which are likely to emerge in the future.
The Oxford Handbook of International Law and Development (Oxford Handbooks)
by Ruth Buchanan Luis Eslava Sundhya PahujaSince the mid-twentieth century, 'international law' and 'international development' have become two of the most prominent secular languages through which aspirations about a better world are articulated.. They have shaped the both the treatment and self-understanding of the 'developing' world, often by positing the West as a universal model against which developing states, their citizens, and natural environments should be measured and disciplined. In recent years, however, critical scholars have investigated the deep linkages between the concept of development, the doctrines and institutions of international law, and broader projects of ordering at the international level. They have shown how the leading models de-radicalise, if not derail, initiatives to redefine development and pursue other forms of global well-being. Bringing together scholars from both the Global South and the Global North, the contributions in this Handbook invite readers to consider the limits of common normative and developmentalist assumptions. At the same time, the Handbook demonstrates how disparate but still identifiable set of ideas, imaginaries, norms, and institutional practices - related to law, development and international governance - shape today's profoundly unequal material conditions, threatening the future of human and nonhuman life on the planet. The book focuses on five distinct areas: existing disciplinary frameworks, institutions and actors, regional theatres of international law and development, competing social and economic agendas, and alternative futures. Offering a unique overview of the field of international law and development and assembling major critical, historical, and political economic insights, this Handbook is an unmissable resource for scholars of international law, international relations, development studies, and global history, as well as anyone interested in the past, present, and future of our world.
The Oxford Handbook of International Tax Law (Oxford Handbooks)
International Tax Law is at a turning point. Increased tax transparency, the tackling of Base Erosion and Profit Shifting (BEPS), the reconstruction of the network of bilateral tax treaties, the renewed discussion about a fair and efficient allocation of taxing rights between States in a global, digitalized economy, and the bold push for minimum corporate taxation are some expressions of this shift. This new era also demonstrates the increased influence of international standard setters such as the OECD, the UN, and the EU. Each of these developments alone has the potential of being disruptive to the traditional world of international tax law, but together they have the potential to reshape the international tax system. The Oxford Handbook of International Tax Law provides a comprehensive exploration of these key issues which will shape the future of tax law. Divided into eight parts, this handbook traces the history of international tax law from its earliest days until the present, including reflections on the developments that have characterized the last one hundred years. The second section places tax law within the broader international context considering how it relates to public and private international law, as well as corporate, trade, and criminal law. Sections three and four consider key legal principles and issues such as regional tax treaty models, OECD dispute resolution, and transfer pricing versus formulary apportionment. Subsequent analysis places these issues within their European and cross-border contexts providing an assessment of the role of the ECJ, state aid, and cross-border VAT. Section seven broadens the scope of this analysis, asking how trends in recent major economies and regions have helped shape the current outlook. The final section considers emerging issues and the future of international tax law. With over sixty authors from 28 different countries, the Oxford Handbook of International Tax Law is an invaluable resource for scholars, academics, and practitioners alike.
The Oxford Handbook of Moral Realism (OXFORD HANDBOOKS SERIES)
by David Copp"Moral realism" is a family of theories of morality united by the idea that there are moral facts--facts about what is right or wrong or good or bad--and that morality is not simply a matter of personal preferences, emotions, attitudes, or sociological conventions. The fundamental thought underlying moral realism can be expressed as a parity thesis. There are many kinds of facts, including physical, psychological, mathematical, temporal, and moral facts. So understood, moral realism can be distinguished from a variety of anti-realist theories including expressivism, non-cognitivism, and error theory. The Handbook is divided into four parts, the first of which contains essays about the basic concepts and distinctions which characterize moral realism. The subsequent parts contain essays first defending the idea that morality is a naturalistic phenomenon like other subject matters studied by the empirical sciences; second, that morality is a non-natural phenomenon like logic or "pure rationality"; and the final section is dedicated to those theories which deny the usefulness of the natural/non-natural distinction. The twenty-five commissioned essays cover the field of moral realism in a comprehensive and highly accessible way.
The Oxford Handbook of Program Design and Implementation Evaluation
by Anu RangarajanWhy do many social programs have such a poor track record? What can we do to maximize a program's chance of success? If a program shows promise, how can we scale it up? To answer these questions confronting policymakers, and to ensure that strong programs are designed, developed, implemented, and taken to scale, appropriate evaluation approaches must be used throughout a program's life cycle. In The Oxford Handbook on Program Design and Implementation Evaluation, Dr. Anu Rangarajan surfaces insights and expertise from a team of eminent scholars to create a comprehensive and actionable toolbox of evaluation methodologies that can be used to examine social programs throughout their life cycle. The methodologies presented in the Handbook describe how to conduct developmental evaluations, perform rapid-cycle evaluations, employ implementation science concepts, assess program effectiveness in the absence of a true counterfactual, measure cost-effectiveness, scale up promising interventions, and assess systems change. Incorporating these approaches at every stage of a program's life cycle will maximize its chances of success; doing so consistently across social programs will help improve their impact overall. This Handbook is an action-oriented primary resource for social researchers, faculty and students, program practitioners, policy analysts, and funders of social programs and evaluations. By providing real-world examples of each approach alongside methodological guidance, and by highlighting challenges and lessons learned, the Handbook is invaluable to novices and seasoned professionals alike.
The Oxford Handbook of Research Ethics (Oxford Handbooks)
The Oxford Handbook of Research Ethics provides a critical overview of the ethics of human subjects research within multiple disciplines and fields, including biomedicine, public health, behavioral science, psychiatry, sociology, political science, and public policy. Featuring 45 original essays by leading research ethicists, it aims to improve scholarship in research ethics by encouraging cross-disciplinary engagement with critical issues concerning the treatment of research participants. Part 1 of the volume, The Practice and Institutional Context of Human Subjects Research, orients readers to the research ethics literature through discussion of historical, regulatory, and other features of human subjects research. It includes chapters on the nature of human subjects research, the highs and lows of research, and the regulations which govern it. Part 2, Key Concepts and Principles of Research Ethics, features cutting-edge critical overviews of the central ethical principles and requirements used to evaluate research, including chapters on respect for persons, social value, risk-benefit assessment, equipoise, and fair subject selection, among others. Part 3, Research Areas and Methods, explores how these principles and requirements apply across different disciplines and methodologies. It features chapters on the ethics of novel trial designs such as multi-arm platform trials as well as chapters addressing ethical issues which arise in different fields, including genetics and genomics, public health, behavioral science, sociology, political science, and public policy. Part 4, Research Participant Populations, concludes the volume with chapters addressing ethical questions that arise with research concerning certain populations, including Indigenous People, racial and ethnic minorities, women, and people with disabilities, among others.
The Oxford Handbook of the Use of Force in International Law (Oxford Handbooks)
The prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition ofThe prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition of the use of force over the past two decades. This Oxford Handbook is a comprehensive and authoritative study of the modern law on the use of force. Over seventy experts in the field offer a detailed analysis, and to an extent a restatement, of the law in this area. The Handbook reviews the status of the law on the use of force, and assesses what changes, if any, have occurred in consequence to recent developments. It offers cutting-edge and up-to-date scholarship on all major aspects of the prohibition of the use of force. The work is set in context by an extensive introductory section, reviewing the history of the subject, recent challenges, and addressing major conceptual approaches. Its second part addresses collective security, in particular the law and practice of the United Nations organs, and of regional organizations and arrangements. It then considers the substance of the prohibition of the use of force, and of the right to self-defence and associated doctrines. The next section is devoted to armed action undertaken on behalf of peoples and populations. This includes self-determination conflicts, resistance to armed occupation, and forcible humanitarian and pro-democratic action. The possibility of the revival of classical, expansive justifications for the use of force is then addressed. This is matched by a final section considering new security challenges and the emerging law in relation to them. Finally, the key arguments developed in the book are tied together in a substantive conclusion. The Handbook will be essential reading for scholars and students of international law and the use of force, and legal advisers to both government and NGOs.
Oxford Studies in Agency and Responsibility Volume 8: Non-Ideal Agency and Responsibility (Oxford Studies in Agency and Responsibility #8)
Oxford Studies in Agency and Responsibility is a series of volumes presenting outstanding new work on a set of connected themes, investigating such questions as: ? What does it mean to be an agent? ? What is the nature of moral responsibility? Of criminal responsibility? What is the relation between moral and criminal responsibility (if any)? ? What is the relation between responsibility and the metaphysical issues of determinism and free will? ? What do various psychological disorders tell us about agency and responsibility? ? How do moral agents develop? How does this developmental story bear on questions about the nature of moral judgment and responsibility? ? What do the results from neuroscience imply (if anything) for our questions about agency and responsibility? OSAR thus straddles the areas of moral philosophy and philosophy of action, but also draws from a diverse range of cross-disciplinary sources, including moral psychology, psychology proper (including experimental and developmental), philosophy of psychology, philosophy of law, legal theory, metaphysics, neuroscience, neuroethics, political philosophy, and more. It is unified by its focus on who we are as deliberators and (inter)actors, embodied practical agents negotiating (sometimes unsuccessfully) a world of moral and legal norms. Volume 8 focuses on non-ideal agency and responsibility.
Oxford Studies in Normative Ethics Volume 13 (Oxford Studies in Normative Ethics)
Oxford Studies in Normative Ethics is an annual forum for new work in normative ethical theory. Leading philosophers present original contributions to our understanding of a wide range of moral issues and positions, from analysis of competing approaches to normative ethics (including moral realism, constructivism, and expressivism) to questions of how we should act and live well. OSNE is an essential resource for scholars and students working in moral philosophy.
Oxford Studies of Metaethics 19 (Oxford Studies in Metaethics)
Oxford Studies in Metaethics is the only publication devoted exclusively to original philosophical work in the foundations of ethics. It provides an annual selection of much of the best new scholarship being done in the field. Its broad purview includes work being done at the intersections of ethical theory with metaphysics, epistemology, philosophy of language, and philosophy of mind. The essays included in the series provide an excellent basis for understanding recent developments in the field; those who would like to acquaint themselves with the current state of play in metaethics would do well to start here.
Palestinian Political Organizations in Israeli Prisons (Clarendon Studies in Criminology)
by Dr Alyssa G. BernsteinPalestinian Political Organizations in Israeli Prisons examines the evolution and changes within the Palestinian Prisoners Movement and the structural opportunities and constraints that inform collective resistance today. Drawing on observation-based fieldwork and over 40 interviews with ex-prisoners and additional interviews with lawyers and advocates, this book presents a sociological account of Palestinian prisoners in Israel - an important reflection of the wider Israeli-Palestinian conflict. The Oslo Accords, the peace agreements between the Palestinian Liberation Organization and Israel, transformed not only Palestinian politics but the entire prison environment. By exploring issues including the specific characteristics of women's resistance, the effects of the Islamicization, new hunger strike strategies, consumerism within the prison, parenting children, and escapes, Palestinian Political Organizations in Israeli Prisons offers a fresh analysis of political resistance in Israeli prisons. Applying a social movement approach and drawing comparisons to other politically motivated prisoner groups, the book traces the effects of changes from the Oslo Accords through to today, including the Second Intifada, the split between Hamas and Fatah, the co-option of the Palestinian Authority, and increasingly systematic prison management, explaining how these factors have affected life for Palestinian prisoners in Israeli prisons and influence conflicts today.
Pandemocracy in Latin America: Revisiting the Political and Constitutional Dimension of the Pandemic
This book addresses two questions: firstly, how has the fight against COVID-19, especially the individual and collective responses of Latin American nation-states, influenced the relationship between power, people, and statebodies? And secondly, has democracy taken a step back and allowed pandemocracy to replace its long-term legitimising function?Adopting a Global South perspective, the book explores the constitutional, political and institutional measures that paved the way for several aggressive state policies in various Latin American countries during the COVID-19 pandemic. The contributions provide a detailed review of democratic decay and the 'rule of law' impairment in many countries of the region. The book goes beyond mere observation and explores all the main theoretical elements that can lead to a more comprehensive understanding of the political and normative impact of the pandemic. In terms of constitutional design and concerning the actual behaviour of political bodies, the fairness and efficacy of Latin American state responses during the COVID-19 pandemic did not rely on civic culture, executive goodwill, or boldness on the part of the judges. The aim of this volume, therefore, is to unravel the most subtle elements of a very puzzling situation.Multidisciplinary perspectives are deployed to explore how democratic standards and goals have been reshaped by nuanced constructions of certain atavistic normative ideas or even by non-constitutional policies. The book sheds light on the underlying connection between politics and law.
Parliamentarism and Encyclopaedism: Parliamentary Democracy in an Age of Fragmentation (Parliamentary Democracy in Europe)
by Giovanni RizzoniThis book explores a specific aspect of modern parliamentarism: its ability to produce and organise political knowledge. The book argues that the very meaning of modern parliamentarism cannot properly be understood without considering the cognitive value which is inherent in the representative function discharged by parliaments, vis-a-vis the political community. It does so by studying the 'encyclopaedic patterns' underlying modern parliamentarism. Exploring the concept from ancient times to modernity, it addresses the fundamental question of the relationship between knowledge and democratic decision-making. This is a truly innovative book; challenging, provocative and asking crucial questions of how parliaments work and legislate.
The Parthenon Marbles Dispute: Heritage, Law, Politics (The Art Law Library)
by Alexander HermanWhy are we still arguing over the Parthenon Marbles? This book offers a fresh take on the history of those famous pieces of ancient sculpture removed from the Acropolis in Athens by Lord Elgin's men in the early 19th century. It explains how they became the cause célèbre of the larger debates around cultural heritage and restitution now taking place. The subject is one that is currently embroiling museums, governments, universities and the public at large. Herman provides a balanced, thorough and critical account of the history of the Marbles, while considering the legalities of their initial removal and the ethics of their retention by the British Museum. It incorporates the views of curators, museum directors, lawyers, archaeologists, politicians and others in both London and Athens. It explains why this particular dispute has not been satisfactorily resolved, and suggests new ways of seeking resolution – for the Parthenon Marbles and for the many other cultural treasures held in museum collections outside their countries of origin. The book sets out a way forward for this famously intractable dispute, one based on evidence of past practice, legal rules around the transfer of cultural objects and the role of museums in negotiating international exchanges.
The Passing-On Problem in Damages and Restitution under EU Law: Second Edition (Elgar European Law and Practice series)
by Magnus Strand Ignacio García-Perrote Martínez‘Passing-on’ occurs when harm or loss incurred by a business is passed on to burden that business’s customers or the next level of the supply chain. In this thoroughly revised and updated second edition, the authors provide the only available comprehensive examination of passing-on in damages and restitution under EU law. The analysis covers a broad range of contexts including competition damages and the repayment of charges.The book offers a systematic examination of the key questions facing parties in a passing-on situation: When can downstream claimants bring an action? How can claimants demonstrate sufficient proximity to the original harmful act or unjustified transaction? Will the possibility of passing-on be relevant to the estimation of the award? These questions are assessed for actions against the EU, a Member State and private individuals.Key Features:A specific focus on EU law and guidance that will be relevant to lawyers throughout the EUA multi-faceted and fully contextualised analysis of the defence of passing-on and the position of potential claimants downstream in the supply chainPractical suggestions for consistent approaches to passing-on in EU law across existing and future contextsExtensive updates comprising new case law and materials across all contexts examinedAn expansion of discussions to encompass crucial new developments since the first edition of the bookThis magisterial work is an invaluable point of reference for practitioners working in damages and restitution law, but also in other fields of commercial law, including competition law and consumer law. Legislators and policy-makers in the EU and beyond will also benefit from the lucid analysis of the various policy choices made in the EU and US.
Patent Portfolio Management: A Practical Guide (Elgar Practical Guides)
by Simone Frattasi Jean-Claude A. HoPatent Portfolio Management provides companies with an essential guide to improving the management of their patents. The clear and succinct advice in this book will empower IP and patent departments to audit and structure the patents they own, align the patent portfolio strategy with the business and R&D strategies, and ultimately extract the most value from the patent portfolio to maximise business potential. Providing a highly visual step-by-step guide to the patent cycle, from the raw invention stage through to transformation into a ‘Diamond’ patent, applicable across all industries, the book sets out time-tested best practice alongside ground-breaking methods. It is a must-have for those leading IP and patent departments and will also be an essential resource for patent attorneys and IP and law firms providing client advice.