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Philosophy for an Ending World
by Tim MulganTim Mulgan introduces a new thought experiment: the world will end in two hundred years, and humanity faces imminent and unavoidable (but not immediate) extinction. This book presents imaginary philosophical debates and lectures within this slowly ending world. The Ending World is both a provocative thought experiment and a challenging possible future. Exploring it from within - adopting the perspective of philosophers living in that ending world - helps us to imagine this world from the inside, to evaluate it as a possible future, to discover what we owe to future people who might inhabit such a future, and to explore how we might justify ourselves to them. The book explores contemporary debates about pessimism, the meaning of life, the existence of God, the purpose of the universe, the permissibility of creating new people, the need to connect with past and future people, the rectification of historical injustice, the design of utopias, and the desirability of escaping into virtual realities. It draws on a wide range of work in contemporary philosophy - including Samuel Scheffler's discussions of human extinction, Jonathan Lear's exploration of radical hope, David Benatar's anti-natalism, work on procreative ethics by Rivka Weinberg, Melinda Roberts, and Elizabeth Harman, and the author's own previous work on collective consequentialism, future ethics, and alternative conceptions of divine purpose. A central question throughout the book is whether we could equip our descendants to flourish in an ending world, even if we cannot imagine flourishing there ourselves. The book defends an innovative account of our obligations to future people, based on the need to launch multigenerational projects to transform our inherited traditions and values so that they will still make sense even at humanity's end.
The Philosophy of Imagination: Technology, Art and Ethics
Combining perspectives from both continental and analytic philosophy, this timely volume explores how imagination today both shapes and is shaped by technology, art and ethics. Imagination is one of the most significant and broadly examined concepts in contemporary philosophy and is frequently understood as a basic human faculty that enables complex activities. This book shows, however, that imagination is more than a mere enabler. Whilst imagination shapes our experiences, it is at the same time shaped by our environments. Some of the most creative manifestations of imagination are the result of its two-way interaction with art or technology, or both. In short, imagination co-shapes us. Beyond the traditional perspectives of Kant and Heidegger, The Philosophy of Imagination: Technology, Art and Ethics examines our dynamic relationship with imagination, from contemporary technological advancements such as AI that transform the whole ecosystem to imagination in the context of videogames and literary fiction. Analysing societal imagination, it addresses the relationship between the racial imaginary and white ignorance, as well as the effects that societal mechanisms such as lockdowns can have on our imagination. Taking its cue from the here and now, this volume brings together leading international scholars to investigate how the concept of co-shaping allows us to see imagination and its crucial role in society in new and productive ways.
Philosophy of the Family: Ethics, Identity and Responsibility
by Teresa Baron Dr Christopher CowleyAlmost everyone grows up in a family, and family ties play an important role in daily life. But what exactly is a 'family'? What is a 'family tie'? We use the general concept of 'family' in many contexts – in fiction, in talk shows, in law, in politics – and yet one person's family may be strikingly different from another's. This introductory guide sets out to examine the multiple meanings of the family and related concepts. It explores the different roles played by these concepts in our attempts to understand who we are, where we belong, and what we owe to whom, and the relationships between individual, family, and society. Grounded in philosophy and ethics, the book also draws extensively from other disciplines such as law and sociology, discussing the concrete implications of these ideas for issues such as parental love, marriage and divorce, family autonomy, and assisted reproduction.
Police Deception and Dishonesty: The Logic of Lying
by Luke William HuntCooperative relations steeped in honesty and good faith are a necessity for any viable society. This is especially relevant to the police institution because the police are entrusted to promote justice and security. Despite the necessity of societal honesty and good faith, the police institution has embraced deception, dishonesty, and bad faith as tools of the trade for providing security. In fact, it seems that providing security is impossible without using deception and dishonesty during interrogations, undercover operations, pretextual detentions, and other common scenarios. This presents a paradox related to the erosion of public faith in the police institution and the weakening of the police's legitimacy. In Police Deception and Dishonesty, Luke William Hunt--a philosophy professor and former FBI Special Agent--seeks to solve this puzzle by showing that many of our assumptions about policing and security are unjustified. Specifically, they are unjustified in the way many of our assumptions about security were unjustified after the 9/11 terrorist attacks, when state institutions embraced a variety of brutal rules and tactics in pursuit of perceived security enhancements. The police are likewise unjustified in their pursuit of many supposed security enhancements that rely on proactive deception, dishonesty, and bad faith. Hunt shows that there are compelling reasons to think that the police's widespread use of proactive deception and dishonesty is inconsistent with fundamental norms of political morality regarding fraud and the rule of law. Although there are times and places for dishonesty and deception in policing, Hunt evocatively illustrates why those times and places should be much more limited than current practices suggest.
Policing Sport Mega-Events: Security, Spectacle, and Camouflage in Rio de Janeiro (Clarendon Studies in Criminology)
by Dennis PauschingerSecurity has become one of the most important aspects of sport mega-event organisation. This book explores how Rio de Janeiro was imagined and transformed into a security fortress when the 2014 Men's World Cup and the 2016 Olympics came to the city and how the fortress was nonetheless permeable and porous. Dennis Pauschinger experienced exceptional backstage access at high level in the Brazilian mega-event security architecture as well as at street level with the local public security sphere. His ethnographic account takes us from the hidden world of surveillance and control centres, to the security perimeters around stadiums, and to the mundane routine of police officers during day and night shifts at local police stations or at the Special Forces' headquarters. This book shows how police officers' emotions and Special Forces' war narratives impact the static and technology-based security models at mega-events and how traditional patterns of police work, along lines of class and racial inequalities, still prevail and shape the city's public security. The book argues against the common narrative of the positive impacts of mega-event security legacies upon host cities by advancing towards a general understanding of how security governance is carried out in places where the use of digital security technologies co-exists with overly lethal and repressive forms of policing.
The Political Economy Of The Sherman Act: The First One Hundred Years
by E. Thomas SullivanThis book examines the legislative history and the political economy of the Sherman Antitrust Act--the main federal statute that regulates economic activity in the United States. Tracing the evolution of the antitrust movement in the United States since 1890, this collection of essays examines the role of government in regulating markets, and the balance it and its critics seek between the goal of limited government and the protection of free, open and competitive markets, With markets today being more international in nature and the world economy being globalized, Americans need to rethink how laws have defined markets and the implications for international transactions. Given the recent changes in Europe, this book has a significant contribution to make to the intellectual understanding of antitrust laws impact on American business here and abroad, on the European Economic Community (EEC) as it creates a single market by 1992, and on Eastern Europe as it moves to a market economy.
Politics, Policy and Private Law: Volume I: Tort, Property and Equity (Hart Studies in Private Law)
This is a landmark and ambitious research project looking at private law through the policy prism undertaken by a team of acknowledged experts in their fields.The majority of existing literature diminishes the impact of policy in the development of legal principles, impeding a deeper understanding of it. Part of a two-part study, this first volume explores tort law, property law and equity. Both studies engage with modern challenges and technical developments that now inform private law, with chapters looking at the Grenfell disaster, compensation of medical injuries post COVID-19, the gig economy and co-ownership. They also explore traditional private law areas through a novel lens, such as psychological injury and the impact of fairness and/or equality obligations. They highlight the similarities and differences across many aspects of private law, allowing for a richer analysis across all the strands of private law.
Postdigital Performances of Care: Technology & Pandemic (Performance and Digital Cultures)
by Liam Jarvis Karen SavageCovid-19 has been described as a 'digital pandemic'. But who might the characterisation of the pandemic as 'digital' leave behind? This timely book reconsiders the pandemic as 'postdigital', examining tensions between a growing postdigital attitude of disenchantment with digital technologies and the increasing reliance on adapted modes of online practice mid-lockdown in both performance-making and healthcare.What emerged amidst the pandemic restrictions was a theatre that was unable to show its face, instead adapting into a variety of 'covid-safe' remote forms of engagement, from 'Zoom plays' to self-generating experiences sent by post. This book explores the ways that both performances and healthcare practices found proxies for direct touch and face-to-face encounters, deconstructing the way that care and resilience were spectacularized by political actors online.Liam Jarvis and Karen Savage explore aspects of care in relation to technology, spectacle and facilitation, and how new modes of delivery and the repurposing of theatre spaces that were displaced amidst the mass migration online have been enabling as well as controversial. The variety of case studies assessed includes internet memes, online films, performances of everyday resilience through social media and participatory theatre productions, including Thaddeus Phillips' Zoom Motel, Coney's Telephone and Nightcap's Handle with Care.
Practicing Responsibility in Business Schools: Implications for Teaching, Research, and Innovation
Promoting more responsible action in relation to business sustainability, this book addresses the increasing discomfort among faculty members and wider society as to how business schools prepare students for the future. Reflective and inspiring, it seeks to motivate the necessary action which may be a small but crucial catalysts to solving challenges posed by increasing globalisation, migration, economic development, changing demographics, and cultural exchange.Split into four thematic sections, chapters throughout explore the global issues that have simultaneously fuelled business opportunities while creating new challenges for sustainability. The book begins with a fresh perspective on the sustainability challenges posed by dysfunctional capitalism, before addressing central challenges for sustainable human resource management and psycho-social working life issues. It moves on to look at efforts to incorporate a responsible and sustainable perspective on business management. Finally, outlining the key sustainable challenges in teaching, research and innovation, it evaluates how business schools are managing the expectation to adopt a responsible and sustainable business perspective in research, course designs and teaching.Speaking to the growing call for business schools to prioritise sustainable, ethical practices, this book will be essential reading for lecturers, practitioners and scholars engaging with sustainable solutions to environmental concerns related to business, geography, urban planning, policy and management.
Predictability in Oil and Gas Investment Agreements: Balancing Interests for a Stable Investment Environment
by Stanislava NedevaThis rigorous book explores the opposing investor-state relationship and argues that a stable investment environment is achieved when the rights of both parties are recognised and balanced. Stanislava Nedeva examines how both certainty and predictability can be achieved in oil and gas investment agreements and identifies the ways in which political risks to contractual stability and indirect expropriation can be mitigated.Nedeva draws on theoretical and practical dimensions in discussion of key theoretical doctrines and proposes practical solutions to the problems facing investment stability. The book provides a comprehensive analysis of the key aspects of stability such as good faith, fair and equitable treatment, stabilisation, umbrella and adaptation clauses, model and signed oil and gas contracts, and relational contracts theory. Numerous case studies are critically analysed with a particular focus on the instruments and factors which represent the continuity of the business relationship, respect for the host state’s sovereignty, and the investor’s need for clarity and stability of rights and obligations.International in scope, this timely book will be of great interest to academics, researchers and students interested in arbitration and dispute resolution, energy law, and international investment law. With numerous practical implications, this book will also be beneficial for legal practitioners and arbitrators.
The Presumption: Race and Injustice in the United States
by D. Marvin JonesThis powerful book on racism in the United States argues that a threatening narrative originating in slavery continues to link Black people to inferiority, dangerousness, and crime, causing them to be presumed guilty by society and U.S. legal systems.Why are Black people stopped, arrested, and shot by police at such a high rate? Why are they portrayed in the media as gangbangers and urban thugs? D. Marvin Jones writes that the problem of race lies in the way Blackness has been inextricably knotted together in our culture with presumptions. In the era of segregation this was a presumption of inferiority, but in our era, it is primarily a presumption of dangerousness or criminality.In chapters on slavery, urban spaces, the drug war, media portrayals, and white spaces, he shows how the presumption of guilt continues to shape the treatment of Black people in the United States. Arguing that this presumption is not simply a matter of hate on the part of individuals, but instead a social process linked to a widely shared racial ideology, The Presumption points out the continuation of racial caste in the United States as a crisis for democracy and provides a blueprint for a kind of second Reconstruction.
Preventing and Combating Violence Against Women and Domestic Violence: A Commentary on the Istanbul Convention (Elgar Commentaries in Human Rights series)
This Commentary provides the first comprehensive and holistic analysis of the Council of Europe Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention). It offers a complete article-by-article guide to the Convention with reference to the explanatory report, the findings of the monitoring body (GREVIO) and relevant State practice. Contributions from more than 50 leading international academics and practitioners in the field.A set of thematic chapters dwelling on crucial issues such as intersectionality, reproductive rights, and cyber violence.Analyses of the content of each article against the background of relevant international documents such as the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) and the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women.This Commentary will be a vital resource for academics and researchers focused on preventing and countering violence against women, whether in the fields of public international law, gender studies, feminist legal studies, criminal law, or European law. Interdisciplinary in perspective andintersectional in approach, lawyers, judges, state officials, policymakers and providers of victim support services will find the Commentary’s analysis an invaluable tool for the implementation of the Istanbul Convention.
Preventing and Treating the Invisible Wounds of War: Combat Trauma, Moral Injury, and Psychological Health (Ethics, National Security, and the Rule of Law)
This volume provides several perspectives that help practitioners, advocates, and policymakers understand the impact of historical and recent wars on U.S. Military veterans. The chapters address newly recognized conditions, such as moral injury, military sexual trauma, and remote combat trauma as precursors to more serious diagnosable mental health disorders with the goal of addressing how these conditions can be identified and mitigated in future combat operations. The chapters also provide new insights on calculating the costs of wars in terms of dollars spent on treating mental health conditions, the intergenerational impact of combat trauma on families and future generations, and involvement in the criminal justice system of those who do not receive treatment due to discharge characterizations from military misconduct.
A Primer on Corporate Governance
by Cornelis A. de KluyverThis book is a primer on corporate governance--the system that defines the distribution of rights and responsibilities among different participants in the corporation, such as the board, managers, shareholders, and other stakeholders, and spells out the rules and procedures for making decisions on corporate affairs. Corporate governance also deals with how a company's objectives are set and the means of attaining those objectives and monitoring performance. The importance of this subject can hardly be overstated. As recent corporate scandals have shown and the current financial crisis reminds us, the efficacy of corporate decision making and our regulatory systems directly affect our well-being. Sound corporate governance not only pays by producing value for all stakeholders of the firm but also, even more importantly, it is the right thing to do--for investors, other stakeholders, and society at large. In other words, sound corporate governance is also a moral imperative. This book is designed to help you become a more effective participant in the corporate governance system--as an executive dealing with a board, as a director, or as a representative of a company's other numerous stakeholders. The book contains two major parts, an epilogue, and appendices. The first part looks at corporate governance from a macro perspective. It describes the U.S. corporate governance system and its principal actors and briefly surveys the history of U.S. corporate governance, including the wave of governance scandals that occurred around the turn of the century. The second part focuses on the board itself and its principal challenges: CEO selection and succession planning, the board's responsibilities in the areas of oversight, compliance and risk management, the board's role in strategy development, the issue of CEO performance appraisal and executive compensation, a board's challenges in dealing with unexpected events and crises, and finally, a board's most difficult challenge--managing itself. The epilogue briefly looks into the future and deals with subjects that are just beginning to appear on boardroom agendas. It assesses the emerging global convergence of governance systems, requirements, and practices; it looks at the prospects of further U.S. governance reform; and it discusses the changing relationship between business and society and its likely impact in the boardroom.
Principles of Contract Law and Theory (Principles of Commercial Law series)
by Larry A. DiMatteoThis informative and accessible book reviews the core concepts of contract law and theory from an Anglo-American perspective. Larry A. DiMatteo deftly analyses the key principles, rules and frameworks which have shaped Anglo-American contract law, as well as highlighting important legislative acts that have changed and modernised its development.There is a strong commonality across Anglo-American common law systems; however, there have been several critical fissures that have developed between American and English common law over the past fifty years. DiMatteo adopts a multidisciplinary approach, lucidly explaining these differences from both a theoretical and a practical perspective, using empirical evidence from case studies to support this research. The areas of divergence discussed include the duty of good faith, principle of unconscionability, promissory estoppel, contextual interpretation, and hardship. Introducing key contract law cases, this book will be an essential read for law students and scholars working in the field of commercial law, particularly those with an interest in the theoretical framework and historical context of modern contract law.
Principles of Corporate Finance Law
by Eilís Ferran Elizabeth Howell Felix SteffekCorporate finance theory seeks to understand how incorporated firms address the financial constraints that affect their investment decisions. This is achieved by using varied financial instruments that seek to give holders different claims on the firm's assets. Recent scholarship in this area has highlighted the critical importance of the legal environment in explaining the choices that companies make about their capital structure. This book combines company law, capital markets law, and aspects of commercial and insolvency law to give readers a detailed understanding of the legal and regulatory issues relating to corporate finance. Informed by insights from theoretical and empirical work, the book examines from a legal perspective the key elements of corporate financing structures and capital markets in the UK. The authors' practical experience of transactions and regulatory issues ensures that thorough scholarly inquiry and critical reflection are complemented by an assured understanding of the interface between legal principles and rules as they are documented and in their actual operation. Key developments covered in this third edition include the post-Brexit adaptation of UK company law and capital market regulation, important new cases on parent company liability in tort, creditor-facing duties of directors, issuer and director liability for misleading statements to the market, alternatives to public market financing, and recent changes in the practice of debt finance such as the emergence of non-bank lenders.
Principles of International Economic Law, 3e
by Matthias HerdegenPrinciples of International Economic Law provides a comprehensive overview of the central topics in international economic law, with an emphasis on the interplay between the different economic and political interests on both the international and domestic levels. Following recent tendencies, the book examines classical topics of international economic law - such as WTO law, investment protection, commercial law, and monetary law - in context with emerging aspects of human rights, environmental protection, and the legitimate claims of developing countries. A perfect introductory text to the field of international economic law, the book thoroughly analyses legal developments within their wider political, economic, or social context. Topics covered range from codes of conduct for multinational enterprises, to human rights implications of the exploiting natural resources and the legal impact of climate protection. The book demonstrates the economic foundations and economic implications of legal frameworks. It puts into profile the often-complex relationship between, on the one hand, international standards on liberalization and economic rationality and, on the other, state sovereignty and national preferences. It describes the newly developed forms of economic cooperation between states, such as the G7, the G20, or the BRICS. Herdegen's Principles of International Economic Law has established itself as a leading textbook in the field. This fully updated third edition covers new aspects and developments, with a particular focus on corporate social responsibility, challenges for WTO law, mega-regional agreements such as CPTPP, the impact of human rights law and environmental standards, and cryptocurrencies.
Principles of International Energy Transition Law
by Frédéric G. Sourgens Leonardo SemperteguiEnergy transition is a complex global problem, with governance and policies cutting across multiple legal silos including human rights, environment, international economics, finance, energy, law of the sea, and transnational commerce. As of yet, there is no comprehensive treatment of the legal principles governing energy transition as a whole. Furthermore, energy transition must solve a trilemma that pits energy equity (the need to provide access to energy needed to fuel human development) and energy security (the need to provide resilient and reliable energy systems) against environmental sustainability. Without a comprehensive understanding of these issues, law and policy-makers risk exacerbating rather than resolving the underlying problems. Principles of International Energy Transition Law introduces the energy transition problem by situating the climate emergency in its broader energy and development context, showing how global energy value chains are deeply enmeshed in and drive global economic and human development. It combines the different legal perspectives in one consistent analysis by outlining their interactions and showing how they can be reconciled. The book discusses thirty-two international legal principles governing different aspects of the energy transition trilemma's three parts. It then uses a commons governance perspective to propose a holistic approach to applying and balancing these different parts and their different legal principles. Highlighted sections summarise the most important concepts and ideas for easy reference, making the title particularly accessible for students and policy-makers as well as law practitioners.
Principles of Polish Criminal Procedure (Studies in International and Comparative Criminal Law)
by Jaroslaw Zagrodnik Kazimierz ZgryzekLittle is available in English on the procedural aspects of the Polish criminal justice system and the tenets of its criminal process. This authoritative new work addresses this gap.It sets out an analysis of the founding principles, its main phases and of those systemic and structural components which inform it. Taking an applied, practical approach, it surveys the process from beginning to end. Pre-trial, trial, post-trial, questions of evidence and remedies are all clearly addressed. The authors, two acknowledged experts in the field, also explore the role of more general rule of law/standards of law questions that are currently impacting on the law and its interpretation. Comparative criminal lawyers will welcome this important new work.
Principles of the Law of Agency
by Professor Howard BennettThe 2nd edition of this successful book provides a fully updated, succinct examination of the principles of agency law. The book explores the rules of attribution, the rights and obligations arising within the agency relationship, the impact of agency in the fields of contract and tort, and the termination of an agent's authority. Throughout the book, full consideration is given to the issues arising under the Commercial Agents (Council Directive) Regulations 1993. The discussion is informed not only by common law authority that constantly nourishes the development of agency law principle, but also by international soft law instruments and the Restatement of the Law, Third: Agency.
The Principles of the Law of Restitution
by Graham VirgoThe fourth edition of The Principles of the Law of Restitution brings this widely cited and influential volume fully up to date. Substantially rewritten to reflect significant changes in the law of restitution and the expansion in the theoretical and critical commentary on the subject, this book is grounded in its clarity of exposition and analysis. The new edition significantly expands existing chapters on the treatment of the history of unjust enrichment, enrichment, the treatment of legally effective bases for receipt, and compulsion. It further expands existing parts on restitution for wrongs and proprietary restitutionary claims as well as offering completely new chapters dealing with 'at the claimant's expense', 'absence of intent', and the defence of illegality. Focusing primarily on English law, the volume also engages with the law in other common law jurisdictions, notably Australia, Canada, New Zealand, and Singapore. It provides a clear exposition of complex areas of law as well as critical analysis of that law. Timely and comprehensive, this book provides readers with a crucial guide to the law of restitution and will continue to be invaluable to student, academics, and practitioners alike.
Privacy and Medical Confidentiality in Healthcare: A Comparative Analysis (Global Perspectives on Medical Law series)
This seminal book delivers an international examination of the duty of medical confidentiality and a patient’s right to privacy in the face of contemporary developments such as cyber-security, patient autonomy, and the greater reliance on telemedicine post the Covid-19 pandemic. Thierry Vansweevelt and Nicola Glover-Thomas bring together esteemed academics from across the globe to deliver an international perspective on medical confidentiality. Uniquely combining the concerns of patient privacy and data protection law, chapters are separated by global regions and outline a number of theoretical arguments supported by case-specific studies. Contributors assess which healthcare providers are bound by the duty of confidentiality, which information is secret, the exceptions to confidentiality, special cases such as genetics and privacy, and liability in cases of negligence.Privacy and Medical Confidentiality in Healthcare will be of great interest to legal academics, students and researchers working in health law, data protection law and cyber law as well as scholars specialising in medicine and healthcare. The book’s focus on effective healthcare and protecting patient privacy will also benefit legal practitioners and professionals working in healthcare, social care, and data management.