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When Military Obedience and Restrictions on War Powers Collide: A Case For Reform
by Ellen NohleThis provocative book explores the precarious conflict between the legal restrictions on governments’ power to take military action and the legal liability of soldiers to execute military orders. Adopting a multidisciplinary approach, this insightful book challenges the current distribution of trust between military decision-makers and agents, and how the law of military obedience effectively extends the powers of officials beyond the limits of international and constitutional law. In order to mitigate the potentially devastating consequences of the abuse of military authority, the book proposes an adjustment of the legal and social role of soldiers, enabling them to disobey transgressive orders. By placing soldiers at the centre of reform, it affirms the human dignity and moral agency of servicemembers, granting them the tools they need to protect themselves against the moral injuries they could potentially suffer as a result of obeying unlawful commands. Students and scholars of constitutional law, human rights, humanitarian law, military law and public international law will find this book to be an invaluable resource. It will also be beneficial for policymakers, think-tanks and other agents of change who are concerned about the abuse of military authority.
Why Meetings Matter: Everyday Arenas for Making, Performing and Maintaining Organisations
by Patrik Hall Malin Åkerström Erika A. CederholmThis innovative book argues that meetings are a crucial feature of modern organisations, demonstrating that, contrary to popular belief, meetings are what define, represent and maintain organisations.Through an in-depth analysis of ethnographic case studies, Patrik Hall, Malin Åkerström and Erika Andersson Cederholm illustrate the inner workings of meetings, exploring phenomena such as meeting chains, meeting escapes, the digitalisation of meetings, subtle meeting diplomacy, and seductive business events. This book emphasises how negotiations, collaborations and power dynamics are performed during meetings, making meetings the most fundamental working map of organisational hierarchies. Ultimately, Why Meetings Matter highlights the crucial importance of meetings in an increasingly collaborative professional working landscape.Offering a cutting-edge approach to a longstanding social phenomenon, this book will be of great interest to academics, students and researchers in the fields of sociology, political science and organisation studies. Including ethnographic studies with practical case-based applications, it will appeal in particular to office-based professionals as it provides new insights into a taken-for-granted workplace activity.
Why We Vote (Inalienable Rights)
by Owen FissIn Why We Vote, renowned legal scholar Owen Fiss offers a bold and daring reconstruction of judicial doctrine that gives expression to the democratic aspirations of the US Constitution. Fiss argues that embedded within the Constitution is a commitment to democracy, and that over the course of the twentieth century, the Supreme Court brought to fruition the principle that allows those who are ruled to choose their rulers. Each chapter focuses on Supreme Court cases that enlarged the freedom that democracy generates. Fiss points to rulings that allowed citizens to vote, facilitated the exercise of their right to vote, ensured the equality of votes, and provided feasible access to the ballot for independent candidates and new political parties. He celebrates these decisions and at the same time insists upon shifting the ground upon which these decisions rest--from equal protection of the laws to the recognition of a federal constitutional right to vote. Given the threat of democratic backsliding in a nation that has the world's oldest democratic constitution, Fiss's analysis and message are more important than ever.
Withholding Taxation in the EU (Elgar Tax Law and Practice series)
by Florian HaaseWithholding taxes have become a significant element of the system of international taxation in the wake of globalization and increased cross-border transactions. Deducting taxes at source has become a key tool for countries to ensure that individuals and entities do not escape their tax liabilities. This new work presents a comprehensive overview of the general mechanisms by which taxation is withheld in Europe and explores their practical implications.Florian Haase expertly navigates the complexities of international tax law and provides a rigorous examination of the challenges currently facing this area of legislation, including tax evasion and avoidance, double taxation, and tax treaties. Chapters cover key topics including the efforts towards harmonization and simplification, the impact of the digital economy, and the aim for tax transparency and base erosion prevention. Finally, the work covers the future of withholding taxes and the discussions and negotiations required to achieve consensus on common rules and practices.Key Features:Country-by-country analysis of relevant rulesComprehensive legislative and case law analysisInteraction between withholding taxes and EU lawThorough treatment of key substantive issues facing international tax lawDetailed coverage of the technical and procedural aspects of withholding taxesThis timely book will be an essential reference work for tax lawyers and practitioners and for scholars, researchers and students interested in tax law, European law and fiscal policy.
Women Moralists in Early Modern France
by Julie Candler HayesEarly modern women writers left their mark in multiple domains--novels, translations, letters, history, and science. Although recent scholarship in literary and cultural studies has enriched our understanding of these accomplishments, less attention has been paid to other forms of women's writing. Women Moralists in Early Modern France explores the contributions of seventeenth and eighteenth-century French women philosophers and intellectuals to moralist writing, the observation of human motives and behavior. This distinctively French genre draws on philosophical and literary traditions extending back to classical antiquity. Moralist short forms such as the maxim, dialogue, character portrait, and essay engage social and political questions, epistemology, moral psychology, and virtue ethics. Although moralist writing was closely associated with the salon culture in which women played a major role, women's contributions to the genre have received scant scholarly attention. Julie Candler Hayes examines major moralist writers such as Madeleine de Scud?ry, Anne-Th?r?se de Lambert, ?milie Du Ch?telet, and Germaine de Sta?l, as well as nearly two dozen of their contemporaries. Their reflections range from traditional topics such as the nature of the self, friendship, happiness, and old age, to issues that were very much part of their own lifeworld, such as the institution of marriage and women's nature and capabilities. Each chapter traces the evolution of women's moralist thought on a given topic from the late seventeenth century to the Enlightenment and the decades immediately following the French Revolution, a period of tremendous change in the horizon of possibilities for women as public figures and intellectuals. Hayes demonstrates how, through their critique of institutions and practices, their valorization of introspection and self-expression, and their engagement with philosophical issues, women moralists carved out an important space for the public exercise of their reason.
Women, Their Lives, and the Law: Essays in Honour of Rosemary Auchmuty
This collection of essays honours Rosemary Auchmuty, Professor of Law at the University of Reading, UK. She has fostered the study of women's academic careers and, more politically, advanced progress on gender and equality issues including same-sex marriage and property law. Her research promotes the case of feminist legal history as a way of revealing the place of women and challenging dominant historical narratives that cast them aside. Just as Rosemary's work does, the book seeks to end the marginalisation and exclusion of women in the legal world, by including them. The book begins fittingly with a discussion of Miss Bebb, the woman whose biography Auchmuty deployed to push feminist legal history into the mainstream. It turns then to a discussion of women known and unknown and their struggles within the legal profession offering within those chapters a critical appraisal of the role of history and biography as a methodology. From there it moves to consider feminist perspectives and critiques of the dominant structures of private law. This is followed by chapters that explore those who educate the legal profession within the academy. The chapters, and the collection as a whole, examine areas of law that have a deep significance for women's lives.
Women's Equality in America: Examining the Facts (Contemporary Debates)
by Nancy HendricksWritten in vivid prose and with a keen eye for detail, Women's Equality in America is a valuable resource for understanding the issues and trends that dominate public discourse in discussions of women's rights and gender equality in America.Since its inception, the women's equality movement in America has been criticized for moving too slowly, moving too quickly, being too demanding, or not being demanding enough. Some of its goals have aroused passionate opposition in those who believed women's equality contradicted not only basic human biology, but also the word of God. Meanwhile, Americans voice starkly different opinions about where women stand in their quest for equality in American workplaces, classrooms, boardrooms, and homes.Women's Equality in America: Examining the Facts presents sensibly organized and accurate summaries of the relevant facts concerning all of these claims and counterclaims. But while the volume is primarily concerned with providing an accurate picture of the state of women's equality in the 21st century, it also provides vital contextual coverage of major historical turning points and important historical figures, from leaders of the Seneca Falls women's rights convention in 1848 to the organizers of the #MeToo movement.
Women's Property Rights Under CEDAW
by Jos? E. Alvarez Judith BauderThe gender gap with respect to wealth and property is a chasm. For over 40 years, the leading international treaty body on women's rights, the Committee on the Elimination of All Forms of Discrimination Against Women (the CEDAW Committee), has been generating jurisprudence interpreting CEDAW's obligations that states protect the equal rights of women in relationships; family rights, including inheritance; rights to land, adequate housing, financial credit, social benefits, intellectual property, and other economic rights dependent on equal access to justice. This book uses the CEDAW Committee's own texts: its General Recommendations, Views in response to communications, Concluding Observations in response to State reports, and Reports on Inquiries. The book finds that CEDAW's vision of what it means for women to have equal rights to property is dramatically different from what many scholars consider to be the leading source of "the international law of property," namely the case law generated on behalf of foreign investors' property under the international investment regime. CEDAW's vision is also more far-reaching and nuanced than the gender equality approaches followed by international financial institutions like the World Bank, whose gender equality rhetoric exceeds its actual on-the-ground development efforts. While CEDAW's property rights converge with those protected under other international human rights regimes, they remain unique in addressing the underlying patriarchal structures, stereotypes, and forms of intersectional discrimination that have undermined the fundamental rights of women and girls and led to their continued impoverishment all around the world. This book concludes that CEDAW's re-engendering of property--although a flawed and evolving work in progress--has the potential to be transformative for the half of the planet who is more likely to be treated as property than to have any.
The Woomera Manual on the International Law of Military Space Operations
by Jack Beard Dale StephensMilitary uses in space are rapidly changing and expanding, challenging both states and non-governmental agencies in identifying and applying the governing rules. In the midst of these challenges, states, policymakers, and practitioners must engage with new, real circumstances in space, not merely hypothetical threats or problems. As a contribution to the understudied but crucial field, The Woomera Manual on the International Law of Military Space Activities and Operations is interdisciplinary in nature— drawing on space law, national security law, technology, international law, and diplomacy. Thus, The Woomera Manual serves as the first comprehensive examination of the field. In it, all three phases of military space interactions are analyzed (during times of peace, tension or crisis, and armed conflict), with relevance to both the public and private space sectors. Utilizing meticulous research and focusing particularly on state practice, it explores the interaction of different legal regimes, including space law, the UN Charter, other treaty-based regimes, as well as international humanitarian law. Through an extensive consultation process with state and NGO representatives from across the globe, The Woomera Manual serves as a practical and reliable resource in the emerging field of space law. This book is a critical resource for any entity navigating the increasingly consequential subject of space operations by providing an outline for more predictable and peaceful cooperation.
Yearbook of the European Convention on Human Rights / Annuaire de la Convention Europeenne des Droits de L’Homme: The European Commission and European Court of Human Rights / Commission et Cour Europeennes des Droits de L’Homme
by Council of Europe Staff
Agreements of International Organizations and the Vienna Convention on the Law of Treaties (Österreichische Zeitschrift für öffentliches Recht und Völkerrecht - Supplementa #1)
by Lilly-Ralou Behrmann
Annuaire Européen / European Yearbook (Annuaire Europeen / European Yearbook #17)
by Council of Council of Europe
Behavior of Nonhuman Primates: Modern Research Trends (ISSN #Volume 4)
by Allan M. Schrier Fred StollnitzBehavior of Nonhuman Primates: Modern Research Trends, Volume 4 provides information pertinent to research on behavior of nonhuman primates. This book presents a systematic investigation of memory processes in animals.Organized into four chapters, this volume begins with an overview of the implication of the obvious similarity of monkeys and humans in interproblem learning. This text then presents a series of investigations of the retention of object-discrimination learning by learning-set-experienced rhesus monkeys. Other chapters consider the capability of chimpanzees to handle at least rudimentary stages of certain higher mental functions. This book discusses as well the communicative behavior of animals, which is similar to the rest of animal behavior in that it is governed by general perceptual, motor, motivational, and associative laws. The final chapter deals with the main accomplishments of a program designed to teach language to a chimpanzee.This book is a valuable resource for students and research workers.
The Concept of State Jurisdiction in International Space Law: A Study in the Progressive Development of Space law in the United Nations
by Imre Anthony CsabafiDr. Csabafi in his clearly and concisely written book sets out to confront the most pressing jurisdictional problems arising from the exploration and use of outer space, problems which the authors of the Outer Space Treaty of 27th January, 1967, have not attempted to solve. He has recognized that in view of the lack of sufficient knowledge of tech nological capabilities present and anticipated of the utilization of outer space and its political, economic and social implications, the time is not yet ripe for the elaboration of specific rules to govern most of the highly com plex issues in this context. Apart from the lack of sufficient knowledge and experience, the achieve ment of a consensus on rules regarding jurisdiction in outer space is further hampered by the strongly divergent interpretations of the fundamental prin ciples of the Outer Space Treaty namely the principle of freedom of outer space for exploration and use and the principle of non-appropriation of outer space. In various parts of his study Dr. Csabafi has, on the basis of a thorough study of the preparatory work of the Outer Space Treaty, ex pressed his views on the meaning of these principles.
The Concepts of Value: Foundations of Value Theory (Foundations of Language Supplementary Series #12)
by L. AschenbrennerThe task of presenting for explicit view the store of appraisive terms our language affords has been undertaken in the conviction that it will be of interest not only to ethics and other philosophical studies but also to various areas of social science and linguistics. I have principally sought to do justice to the complexities of this vocabulary, the uses to which it is put, and the capacities its use reflects. I have given little thought to whether the inquiry was philosophical and whether it was being conducted in a philosophical manner. Foremost in my thoughts were the tasks that appeared to need doing, among them these: explicit attention was to be given to the vocabulary by means of which we say we commend,judge, appraise, or evaluate subjects and subject matters in our experience; it was to be segregated from other language at least for the purpose of study; the types of appraisive resources that are at hand in a language such as English were to be classified in some convincing and not too artificial manner; and an empirical standpoint was to be developed for a better view of appraisal, evaluation, and judging within the framework of other ways we have of responding to our surround ings such as appetition and emotion on one side and factual registering and theorizing about states of affairs on the other. Such an inquiry has never been undertaken in quite this manner before.
Deutsches Strafrecht: Band 2 Das Verbrechen. Allgemeine Lehren
by Robert v. HippelDer im Jahre 1925 erschienene erste Band dieses Werkes behandelte in 4 Kapiteln den Gegenstand des Strafrechts, die geschichtliche Ent wicklung des deutschen Strafrechts, das Strafrecht des Auslandes und die Wirksamkeit des Strafrechts (Rechtsgrund, Zwecke, Kriminal politik). Er gab damit die systematischen, geschichtlichen, rechtsver gleichenden und kriminalpolitischen Grundlagen, die die notwendige Voraussetzung für jedes tiefere Verständnis des Strafrechts überhaupt wie des jeweils geltenden Strafrechts bilden. An die Spitze des jetzigen zweiten Bandes stelle ich einleitend und ergänzend eine Übersicht über die Entwicklung des Strafrechts im In- und Ausland in den letzten 5 Jahren, soweit erforderlich, mit kritischer Bewertung. Hauptinhalt des jetzigen Bandes ist die Darstellung der allgemeinen Lehren vom Verbrechen. Ihre Bearbeitung stellt die höchste dogmatische Aufgabe der Strafrechtswissenschaft dar. Denn hier handelt es sich um die allgemeinen Voraussetzungen und Schranken jeder Bestrafung, damit zugleich um die Grundlagen jeder richterlichen Tätigkeit bei Aburteilung irgendwelcher Delikte. Dieser Band ist daher in unmittelbarstem Sinne wie für die Wissenschaft, so für die gericht liche Praxis der Rechtsauslegung und Rechtsanwendung geschrieben. Auch diese dogmatische Gesamtdarstellung steht zugleich - wie jedes brauchbare Recht selbst - unter den kriminalpolitischen Gesichts punkten der Gerechtigkeit und Zweckmäßigkeit. Denn nur wer be stehendes Recht nach Entstehung und Inhalt zu bewerten vermag, ist imstande, es wirklich zu begreifen, es sachgemäß auszulegen, an zuwenden und fortzubilden. Bei dieser Aufgabe erwies sich mir Bd. I überall als die notwendige Vorarbeit und Grundlage.
Die Normierung der Abschreibung in Handels- und Steuerbilanz (Beiträge zur betriebswirtschaftlichen Forschung #37)
by Horst Dietz
Ethical Concepts and Problems (Selected Works of K.E. Logstrup)
by K. E. LøgstrupThis is first English edition of Ethical Concepts and Problems (1971) by Danish philosopher and theologian K. E. Løgstrup (1905-81). Originally published as a contribution to a textbook of ethics for students of theology, it propounds a philosophical ethics in continuity with Martin Luther's conception of the natural law. We find here the core idea from The Ethical Demand, that in our dealings with others we are faced with the demand that we take care of them, now conceptualized as the central tenet of an ontological ethics based on human interdependence as a fundamental condition of life. Later in his career, Løgstrup developed a conception of what he called 'the sovereign expressions of life'-spontaneous other-regarding impulses or ways of conduct such as trust, sincerity, and compassion-and these are here described and determined in their relation to the ethical demand and moral norms. Furthermore, this key text discusses a number of central ethical concepts such as duty, responsibility, will, and choice. Løgstrup also explores the relationship between love of the neighbour and politics, before finally concluding with an extensive discussion of political questions such as cultural policy, democracy, and the right of resistance. Ethical Concepts and Problems therefore offers an instructive survey of important parts of Løgstrup's ethical and political thinking, from theological issues like Luther's doctrine of the bondage of the will, to the ideas of philosophers such as Descartes, Kant, Nietzsche, and Kierkegaard. In this edition Løgstrup's original text is accurately rendered into readable English and paired with an introduction which explains the main themes and wider context of the work.
Freedom of Expression in Eighteenth Century Russia
by K.A. PapmehlThis study is an expanded and revised version of a thesis accepted for the Ph. D. Degree by the University of London in 1965. My sincere thanks go to Dr. Bertha Malnick, formerly of the School of Slavonic and East European Studies, for her valuable advice, criticism, and encourage ment. Some of the material used in Chapters Three and Four has been published earlier in The Slavonic & East European Review, and I am grateful to the Editors of that journal for their kind permission to draw on it for the present purpose. Most of my research was carried out in the libraries of the British Museum and of the School of Slavonic and East European Studies, and I wish to thank the many members of the staff of both these institutions who facilitated my labours. My thanks also go to the ladies of York University Secretarial Services involved in preparing the manuscript for the press. Finally, I must acknowledge the immense debt of gratitude lowe to my wife, without whose co-operation the whole project could never have materialised. The responsibility for all opinions expressed in this book and for all its shortcomings is entirely my own. Toronto, Canada December 1970 INTRODUCTION The eighteenth century for Russia marks the transition from the medieval (i. e. religious) to the modern European (i. e.
The Freewill Question
by W.H. DavisThis book is the result of a discontent on my part with (r) the super ficial and offhand way many determinists set forth their arguments, without the slightest hint of the difficulties which have been raised against those arguments, and (2) the fact that the chief and best argu ments of the libertarians are scattered allover the literature and are seldom if ever brought together in one package. may be taken as an effort to gather into one place Mostly this work and to express as cogently as possible the arguments for freewill. So far as I know all of the arguments we treat have been made before. Only toward the end of this work do I attempt to elaborate a point not heretofore emphasized. That point is that freedom of the will is a concept intimately entangled with the human power to reason, so that if one of these powers goes, the other must also go. Moreover, both the will and the reason are intimately tied up with our moral sensitivities, so that no one of these phenomena is intelligible without the others. Hints of these ideas abound, of course, in the literature, and the degree of originality claimed is minimal. The interconnections, however, between these three basic concepts of the will, the reason, and the good, are of such great importance and are so usually ignored that I feel our short statement of the situation warrants the reader's sympathetic attention.
Handbuch des österreichischen Verfassungsrechts (Rechts- und Staatswissenschaften #3)
by Ludwig AdamovichDie vierte Auflage des Grundrisses des Osterreiooischen StaatsreclJ.ts von LUDWIG AnAMOVICH ist 1947 als GrundriB des Osterreichisooen Verfassungsrechts erschienen. Meinem Vater war es nicht vergonnt, die von ihm bereits vorbereitete fiinfte Auflage vor seinem Hinscheiden am 23. September 1955 fertigzustellen. Dieser Aufgabe hat sich Herr Univ.-Prof. Dr. HANS SPANNER gewidmet. Ihm ist die Umgestaltung des Werkes zum Handbuch des osterreichischen VerfassungsreclJ.ts zu danken. Prof. SPANNER hat sich groBe Verdiensoo insbesondere durch die genaue und ausfiihrliche Behandlung des Osterreichischen Staats vertrages yom 15. Mai 1955 erworben, ferner durch die Erganzung des Abschnittes iiber die leitenden Grundsatze der Verfassung. Seither hat das osterreichische Verfassungsrecht eine geradezu stiirmische Entwicklung genommen und die Notwendigkeit einer weiteren Neuauflage wurde unausweichlich. Prof. SPANNER sah sich im Hinblick auf seine mittlerweile erfolgte Berufung in die Bundesrepublik Deutsch land nicht in der Lage, die Bearbeitung nochmals zu iibernehmen und hat dem Verlag vorgeschlagen, die Vorbereitung der sechsten Auflage mir zu iibertragen. Ich mochte Prof. SPANNER ebenso wie dem Verlag an dieser Stelle herzlich dafiir danken, daB mir Gelegenheit gegeben wurde, das Werk meines Vaters fortzufiihren. Seit Oktober 1956 im Verfassungsdienst des osterreichischen Bundeskanzleramtes tatig, konnte ich mir die Bewaltigung dieses ehrenvollen und schonen Auftrages immer hin zumuten, wenngleich ich mir stets der damit verbundenen Schwierig keiten bewuBt war.
Human Values and the Mind of Man: Proceedings etc... (Routledge Revivals)
by Ervin Laszlo James B. Wilbur Nfa*First Published in 1971, Human Values and the Mind of Man examines how value questions have been treated in traditional theories of human nature. It discusses the following topics: theory of mind as seen through the rules of the generation of languages; the implications for human value of automata theory; the nervous system, higher mental processes and human values; value consequences of various positions on the mind-body problem; the implications of self-actualization theory for human value; and specific value problems in the philosophy of mind. The book presents an interdisciplinary dialogue centred around thoughts about man and their implications for human action, decision, and nature of what we call the ‘human mind’. This book is an essential read for philosophers, psychologists, scientists, and humanists.