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Warfare Ethics in Comparative Perspective: China and the West (War, Conflict and Ethics)
by Sumner B. Twiss Ping-Cheung Benedict S. B. ChanThis volume explores East Asian intellectual traditions and their influence on contemporary discussions of the ethics of war and peace.Through cross-cultural comparison and dialogue between East and West, this work charts a new trajectory in the development of applied ethics. A sequel to the volume Chinese Just War Ethics, it expands the range of the earlier work and includes attention to Japan and other Eastern and Western traditions for contrastive reflection and engages with the full range of Chinese intellectual traditions for comparative analysis. The book scrutinizes pioneering works such as the Mengzi, the Han Feizi, and the Seven Military Classics, investigating their influence in subsequent times. It also engages with new texts and thinkers such as the Four Books of the Yellow Emperor, Zeng Guofan, Chiang Kai-shek, and Mao Zedong, along with examining recent writings of the scholars of the People’s Liberation Army. The final section of the book identifies and discusses some emerging issues in the comparative study of military ethics, just war and peace that derive from the preceding sections. The volume editors then offer some concluding remarks at the end of the book.This book will be of much interest to students of the ethics of war and peace, just war theory, military ethics, Asian studies and International Relations in general.
Warfare Ethics in Comparative Perspective: China and the West (War, Conflict and Ethics)
by Sumner B. Twiss Ping-Cheung Lo Benedict S. B. ChanThis volume explores East Asian intellectual traditions and their influence on contemporary discussions of the ethics of war and peace.Through cross-cultural comparison and dialogue between East and West, this work charts a new trajectory in the development of applied ethics. A sequel to the volume Chinese Just War Ethics, it expands the range of the earlier work and includes attention to Japan and other Eastern and Western traditions for contrastive reflection and engages with the full range of Chinese intellectual traditions for comparative analysis. The book scrutinizes pioneering works such as the Mengzi, the Han Feizi, and the Seven Military Classics, investigating their influence in subsequent times. It also engages with new texts and thinkers such as the Four Books of the Yellow Emperor, Zeng Guofan, Chiang Kai-shek, and Mao Zedong, along with examining recent writings of the scholars of the People’s Liberation Army. The final section of the book identifies and discusses some emerging issues in the comparative study of military ethics, just war and peace that derive from the preceding sections. The volume editors then offer some concluding remarks at the end of the book.This book will be of much interest to students of the ethics of war and peace, just war theory, military ethics, Asian studies and International Relations in general.
The Watch
by null Karen WoodsQuiet streets hide the worst crimes Manchester’s Manor Estate is the kind of place people want to live – smart houses, neighbours who look out for you. But what if you don’t want to be seen? Behind the tidy front gardens and glossy painted doors it seems everyone’s got something to hide. Love, hate, addiction, jealousy – on a street where everyone’s watching, you can’t keep a secret forever. For these families, it’s time to find out what is really happening on home territory. Someone’s selling their soul, someone’s selling their body, and someone’s going to pay…
Water and Waste Regulation
by Dr Louise SmailWater pollution law is the most developed of the pollution control systems. This title contains a comprehensive account of water and waste legislation plus a detailed interpretation of the relevant statutory provisions and associated case law.This book includes:- A detailed interpretation of the relevant statutory provisions and associated case law- The impact of Brexit on current regulations- Discussions surrounding UK desalination plants, end of life vehicles and nature conservation- The changes in international regulations and the impact that this has on UK water and waste regulation- The regulation of water quality standards, water pollution control, fisheries, navigation, flood, coastal protection and marine pollution with a wide range of water pollution offencesThe detailed treatment of the issues involved will enable environmental and energy law practitioners to feel confident in what is a complicated area of law.This title is included in Bloomsbury Professional's Environmental Law online service.
We Are the Leaders We Have Been Looking For (The W. E. B. Du Bois Lectures)
by Eddie Glaude Jr.From the author of the New York Times bestseller Begin Again, a politically astute, lyrical meditation on how ordinary people can shake off their reliance on a small group of professional politicians and assume responsibility for what it takes to achieve a more just and perfect democracy.“Like attending a jazz concert with all of one’s favorite musicians…James Baldwin, Martin Luther King, Jr., Malcolm X, Ella Baker, Toni Morrison, and more…Glaude brilliantly takes us on an epic tour through their lives and work.”―Henry Louis Gates, Jr., author of The Black Box: Writing the RaceWe are more than the circumstances of our lives, and what we do matters. In We Are the Leaders We Have Been Looking For, one of the nation’s preeminent scholars and a New York Times bestselling author, Eddie S. Glaude Jr., makes the case that the hard work of becoming a better person should be a critical feature of Black politics. Through virtuoso interpretations of Martin Luther King, Jr., Malcolm X, and Ella Baker, Glaude shows how we have the power to be the heroes that our democracy so desperately requires.Based on the Du Bois Lectures delivered at Harvard University, the book begins with Glaude’s unease with the Obama years. He felt then, and does even more urgently now, that the excitement around the Obama presidency constrained our politics as we turned to yet another prophet-like figure. He examines his personal history and the traditions that both shape and overwhelm his own voice.Glaude weaves anecdotes about his evolving views on Black politics together with the writings of Ralph Waldo Emerson, John Dewey, Toni Morrison, James Baldwin, and Ralph Ellison, encouraging us to reflect on the lessons of these great thinkers and address imaginatively the challenges of our day in voices uniquely our own.Narrated with passion and philosophical intensity, this book is a powerful reminder that if American democracy is to survive, we must step out from under the shadows of past giants to build a better society—one that derives its strength from the pew, not the pulpit.
We Rip the World Apart: A sweeping story about motherhood, race and secrets
by Charlene Carr'A charged emotional epic . . . a can't-miss read!' Marissa Stapley'[A] fearless reflection on race, identity, and parenthood . . . page-turning and propulsive' Shelby Van Pelt'[A] haunting story about racism, identity, and the choice between safety and raising your voice . . . compelling and poignant' Nigar AlamThree women. Three secrets. One family torn apart.MOTHERWhen Evelyn fled to Canada with her young family during the politically charged Jamaican Exodus of the 1980s, she thought they were finally safe. But, years later, her worst fears come true when her son is killed by the police.GRANDMOTHERIn the wake of her grandson's violent murder, Violet moves in, but despite her efforts to help the family through their grief, a growing web of secrets threatens the relationships they all hold so dear.DAUGHTERKareela has lived with silences surrounding the loss of her brother since she was a child. Now, 24 and pregnant with a baby she isn't sure she wants, she feels the need to understand her place in the world as a woman who is half Black and half white - yet feels neither.As the traumas the three women carry continue to pull them apart, Kareela must uncover the mysteries of her family's past to make sense of her identity and her future . . .A sweeping multi-generational story about motherhood, race and secrets, We Rip the World Apart reveals the ways that simple choices, made in the heat of the moment, can have devastating repercussions across the years, especially when people remain silent.PRAISE FOR HOLD MY GIRL:'[A] tense, emotional story about racial identity, loss and betrayal' Daily Mail'Carr gracefully explores the moral dilemma and custody battle . . . Fans of The Herd will love it!' Grazia'Compelling and thought-provoking . . . A page-turner' Charmaine Wilkerson, New York Times bestselling author of Black Cake
Weaponising Evidence: A History of Tobacco Control in International Law (Cambridge Studies in International and Comparative Law)
by null Margherita MelilloWeaponising Evidence provides the first analysis of the history of the international law on tobacco control. By relying on a vast set of empirical sources, it analyses the negotiation of the WHO Framework Convention on Tobacco Control (FCTC) and the tobacco control disputes lodged before the WTO and international investment tribunals (Philip Morris v Uruguay and Australia – Plain Packaging). The investigation focuses on two main threads: the instrumental use of international law in the warlike confrontation between the tobacco control advocates and the tobacco industry, and the use of evidence as a weapon in the conflict. The book unveils important lessons on the functioning of international organizations, the role of corporate actors and civil society organizations, and the importance and limits of science in law-making and litigation.
Weaponising Investments: Volume II (Springer Studies in Law & Geoeconomics #2)
by Jens Hillebrand Pohl Thomas Papadopoulos Janosch Wiesenthal Joanna WarcholThis second volume of highly topical two-volume set “The Investment Weapon” continues to present pioneering research for the purpose of developing a common analytical foundation and framework for the emerging interdisciplinary research field of investment control. This second volumes shifts the focus from the policy context to the legal and regulatory aspects of investment controls, specifically from an international, transnational, and comparative law perspective. The topics range from control of subsidized investments to non-national security related investment controls and alternatives to investment screening.
The Western Sahara Question and International Law: Recognition Doctrine and Self-Determination
by Stephen Allen Jamie TrinidadThis book analyses recent developments concerning the application of the international legal doctrines of recognition and self-determination in relation to the Western Sahara Question. It investigates the emergent shift in favour of Morocco’s sovereignty claim to Western Sahara as apparent from the positions adopted by an increasing number of third States in the United Nations and the recent spate of third States establishing consulates in Western Sahara, with Morocco’s encouragement. It reflects on what the functioning of the doctrines of recognition and self-determination in this situation reveals about contemporary international law in practice more generally. The work will be of interest to scholars, researchers, and postgraduate students as well as practitioners of public international law who have a particular interest in decolonisation, self-determination disputes, and/or conflicts about natural resource entitlements. It will also appeal to readers with an interest in the work of International Organisations, including the United Nations, the European Union, and the African Union, and to specialists in international relations and regional politics.
The Western Sahara Question and International Law: Recognition Doctrine and Self-Determination
by Stephen Allen Jamie TrinidadThis book analyses recent developments concerning the application of the international legal doctrines of recognition and self-determination in relation to the Western Sahara Question. It investigates the emergent shift in favour of Morocco’s sovereignty claim to Western Sahara as apparent from the positions adopted by an increasing number of third States in the United Nations and the recent spate of third States establishing consulates in Western Sahara, with Morocco’s encouragement. It reflects on what the functioning of the doctrines of recognition and self-determination in this situation reveals about contemporary international law in practice more generally. The work will be of interest to scholars, researchers, and postgraduate students as well as practitioners of public international law who have a particular interest in decolonisation, self-determination disputes, and/or conflicts about natural resource entitlements. It will also appeal to readers with an interest in the work of International Organisations, including the United Nations, the European Union, and the African Union, and to specialists in international relations and regional politics.
Westport: the breathtaking must-read new thriller from the former director of the FBI
by James ComeyShe's the lawyer. But now she's the one on trial.A red canoe sits abandoned on Seymour Rock, right where the Saugatuck River meets Long Island Sound. The elegantly dressed corpse of a woman lies inside...Nora Carleton left New York to become lead counsel at Saugatuck Associates, the world's largest hedge fund, where her life has become slower, more predictable. That is until her colleague and friend, Helen, is brutally murdered – and she becomes the prime suspect.In the months leading up to Helen's death, she and Nora were investigating someone within the company who was using insider information to undercut Saugatuck's investments. Nora knows this is somehow linked to Helen's murder – if only she can see how.Calling in old colleagues from the US Attorney's office, Mafia investigator Benny Dugan and attorney Carmen Garcia, Nora must find evidence to prove her innocence – or risk being put behind bars herself...'This is a really good mystery, expertly told and filled with the sort of detail only an insider could provide, including intrigue at the world's largest hedge fund. Once I picked it up, I was hooked.' Joseph FinderReviews for James Comey'A great read. Brimming with been-there-done-that authority.' Michael Connelly'A masterful blend of legal thriller, police procedural and psychological drama.' Jeffery Deaver'A bold new talent in the mystery genre.' Harlan Coben
What Do Corporations Want?: Communicative Capitalism, Corporate Purpose, and a New Theory of the Firm
by Timothy Kuhn'Corporate purpose' has become a battleground for stakeholders’ competing desires. Some argue that corporations must simply generate profit; others suggest that we must make them create social change.Leading organization studies scholar Timothy Kuhn argues that this 'either/or' thinking dramatically oversimplifies matters: today’s corporations must be many things, all at once.Kuhn offers a bold new Communicative Theory of the Firm to highlight the authority that creates corporations’ identities and activities. The theory provides a roadmap for navigating that battleground of competing desires to produce more responsive corporations.Drawing on communicative and new materialist theorizing, along with three insightful case studies, this book thoroughly redefines our understandings of what corporations are 'for'.
What Do Corporations Want?: Communicative Capitalism, Corporate Purpose, and a New Theory of the Firm
by Timothy Kuhn'Corporate purpose' has become a battleground for stakeholders’ competing desires. Some argue that corporations must simply generate profit; others suggest that we must make them create social change.Leading organization studies scholar Timothy Kuhn argues that this 'either/or' thinking dramatically oversimplifies matters: today’s corporations must be many things, all at once.Kuhn offers a bold new Communicative Theory of the Firm to highlight the authority that creates corporations’ identities and activities. The theory provides a roadmap for navigating that battleground of competing desires to produce more responsive corporations.Drawing on communicative and new materialist theorizing, along with three insightful case studies, this book thoroughly redefines our understandings of what corporations are 'for'.
What Do We Owe Other Animals?: A Debate (Little Debates about Big Questions)
by Bob Fischer Anja JauernigPhilosophers Bob Fischer and Anja Jauernig agree that human society often treats animals in indefensible ways and that all animals morally matter; they disagree on whether humans and animals morally matter equally. In What Do We Owe Other Animals?: A Debate, Fischer and Jauernig square off over this central question in animal ethics. Jauernig defends the view that all living beings morally matter equally and are owed compassion, on account of which we are also obligated to adopt a vegan diet. Fischer denies that we have an obligation to become vegans, and argues for the position that humans morally matter more than all other living creatures. The two authors each offer a clear, well-developed opening statement, a direct response to the other’s statement, and then a response to the other’s response. Along the way, they explore central questions, like: What kind of beings matter morally? What kind of obligations do we have towards other animals? How demanding can we reasonably expect these obligations to be? Do our individual consumer choices, such as the choice to purchase factory-farmed animal products, make a difference to the wellbeing of animals? The debate is helpfully framed by introductions and conclusions to each of the major parts and by smaller introductions to each of the sub-sections. A Foreword by Dustin Crummett sets the context for the debate within a larger discussion of sentience, moral standing, reason-guided compassion, and the larger field of animal ethics. Key Features • Showcases the presentation and defense of two points of view on the moral worth of non-human animals• Provides frequent summaries of previously covered material• Includes a topically-organized list of Further Readings and a Glossary of all specialized vocabulary
What Do We Owe Other Animals?: A Debate (Little Debates about Big Questions)
by Bob Fischer Anja JauernigPhilosophers Bob Fischer and Anja Jauernig agree that human society often treats animals in indefensible ways and that all animals morally matter; they disagree on whether humans and animals morally matter equally. In What Do We Owe Other Animals?: A Debate, Fischer and Jauernig square off over this central question in animal ethics. Jauernig defends the view that all living beings morally matter equally and are owed compassion, on account of which we are also obligated to adopt a vegan diet. Fischer denies that we have an obligation to become vegans, and argues for the position that humans morally matter more than all other living creatures. The two authors each offer a clear, well-developed opening statement, a direct response to the other’s statement, and then a response to the other’s response. Along the way, they explore central questions, like: What kind of beings matter morally? What kind of obligations do we have towards other animals? How demanding can we reasonably expect these obligations to be? Do our individual consumer choices, such as the choice to purchase factory-farmed animal products, make a difference to the wellbeing of animals? The debate is helpfully framed by introductions and conclusions to each of the major parts and by smaller introductions to each of the sub-sections. A Foreword by Dustin Crummett sets the context for the debate within a larger discussion of sentience, moral standing, reason-guided compassion, and the larger field of animal ethics. Key Features • Showcases the presentation and defense of two points of view on the moral worth of non-human animals• Provides frequent summaries of previously covered material• Includes a topically-organized list of Further Readings and a Glossary of all specialized vocabulary
"What Is Critique?" and "The Culture of the Self" (The Chicago Foucault Project)
by Michel FoucaultNewly published lectures by Foucault on critique, Enlightenment, and the care of the self. On May 27, 1978, Michel Foucault gave a lecture to the French Society of Philosophy where he redefined his entire philosophical project in light of Immanuel Kant’s 1784 text “What Is Enlightenment?” Foucault strikingly characterizes critique as the political and moral attitude consisting in the “art of not being governed like this,” one that performs the function of destabilizing power relations and creating the space for a new formation of the self within the “politics of truth.” This volume presents the first critical edition of this crucial lecture alongside a previously unpublished lecture about the culture of the self and three public debates with Foucault at the University of California, Berkeley, in April 1983. There, for the first time, Foucault establishes a direct connection between his reflections on the Enlightenment and his analyses of Greco-Roman antiquity. However, far from suggesting a return to the ancient culture of the self, Foucault invites his audience to build a “new ethics” that bypasses the traditional references to religion, law, and science.
What Responsibility? Whose Responsibility?: Intention, Agency, and Emotions of Collective Entities
by Bhaskarjit NeogThis book is an enquiry into the meaning and nature of collective responsibility. It analyses the moral culpability of collective entities implicated in some of the most pressing contemporary ethical issues, including institutional injustice, corporate scams, organized crimes, gang wars, genocide, xenophobia, and other group-based violence. It asks: Who is responsible when a collective is (held) responsible? Is collective responsibility merely a façon de parler, a rhetorical way of talking about individual moral responsibility, or is it more than that? Using some of the latest resources from the philosophy of action, philosophy of mind, and social ontology, the author develops a nuanced non-individualist position with the help of a concept of collective agency. He interprets collective responsibility as the responsibility of a collective without either reducing it to the responsibility of the individual members or making it a case where their moral positions become blurred. An important intervention in moral philosophy, this book will be useful for scholars and researchers of moral philosophy, philosophy of action and mind, philosophy of social sciences, and political philosophy. It will also be a theoretical resource for legal theorists, just war theorists, game theorists, business ethicists, and policy makers.
What Responsibility? Whose Responsibility?: Intention, Agency, and Emotions of Collective Entities
by Bhaskarjit NeogThis book is an enquiry into the meaning and nature of collective responsibility. It analyses the moral culpability of collective entities implicated in some of the most pressing contemporary ethical issues, including institutional injustice, corporate scams, organized crimes, gang wars, genocide, xenophobia, and other group-based violence. It asks: Who is responsible when a collective is (held) responsible? Is collective responsibility merely a façon de parler, a rhetorical way of talking about individual moral responsibility, or is it more than that? Using some of the latest resources from the philosophy of action, philosophy of mind, and social ontology, the author develops a nuanced non-individualist position with the help of a concept of collective agency. He interprets collective responsibility as the responsibility of a collective without either reducing it to the responsibility of the individual members or making it a case where their moral positions become blurred. An important intervention in moral philosophy, this book will be useful for scholars and researchers of moral philosophy, philosophy of action and mind, philosophy of social sciences, and political philosophy. It will also be a theoretical resource for legal theorists, just war theorists, game theorists, business ethicists, and policy makers.
When Do People Obey Laws?: Towards an Integrated Approach to Compliance (International Law and Economics)
by Shubhangi RoyThis book examines the intricate dynamics of when individuals adhere to laws, taking into account the context in which laws attempt to shape human behavior. While existing literature touches upon various reasons why people comply with laws, the book focuses on a critical question which has been missing from the discussion: when do people obey laws? By treating law as a form of social communication, it develops an integrated framework to answer this question. It explores how social, psychological, and institutional conditions shape compliance decisions of individuals. What does a law signify? When does the compulsion to obey arise? When do individuals comply out of a fear for legal sanctions or social repercussions? Why do some laws have high symbolic values and others fail despite harsh punishments? The book unveils the contextual intricacies that underlie obedience to law. It challenges conventional wisdom and offers a fresh perspective on the power and limitationsof law in shaping human behavior. For scholars and academics seeking a deeper understanding of legal compliance and role of law in shaping behaviors, this book will be an indispensable resource.
White-Collar Crime: An Opportunity Perspective (Criminology and Justice Studies)
by Michael L. Benson Sally S. Simpson Melissa Rorie Jay P. KennedyWhite-Collar Crime: An Opportunity Perspective analyzes white-collar crime using the opportunity perspective, which assumes that all crimes depend on offenders recognizing an opportunity to commit an offense. The authors explicate the processes and situational conditions that facilitate opportunities for white-collar crimes and the likelihood of being victimized by white-collar crime. In addition, they offer potential policy solutions that will mitigate this persistent and widespread social problem while being realistic and balanced in their treatment of the difficulties of control. With this fourth edition, Benson and Simpson have enlisted the aid of two young white-collar crime scholars, Jay P. Kennedy and Melissa Rorie, who bring new areas of expertise to the book that enhance its analytical depth and coverage of both white-collar crime and the opportunity perspective. New up-to-date case studies are included along with examinations of recent investigations into white-collar crime and its control. These timely updates reaffirm that this rigorous yet accessible book will remain a core resource for undergraduate and early graduate courses on white-collar crime.
White-Collar Crime: An Opportunity Perspective (Criminology and Justice Studies)
by Michael L. Benson Sally S. Simpson Melissa Rorie Jay P. KennedyWhite-Collar Crime: An Opportunity Perspective analyzes white-collar crime using the opportunity perspective, which assumes that all crimes depend on offenders recognizing an opportunity to commit an offense. The authors explicate the processes and situational conditions that facilitate opportunities for white-collar crimes and the likelihood of being victimized by white-collar crime. In addition, they offer potential policy solutions that will mitigate this persistent and widespread social problem while being realistic and balanced in their treatment of the difficulties of control. With this fourth edition, Benson and Simpson have enlisted the aid of two young white-collar crime scholars, Jay P. Kennedy and Melissa Rorie, who bring new areas of expertise to the book that enhance its analytical depth and coverage of both white-collar crime and the opportunity perspective. New up-to-date case studies are included along with examinations of recent investigations into white-collar crime and its control. These timely updates reaffirm that this rigorous yet accessible book will remain a core resource for undergraduate and early graduate courses on white-collar crime.
Who Owns This Sentence?: A History of Copyrights and Wrongs
by Alexandre Montagu David BellosCopyright is everywhere. Your smartphone incorporates thousands of items of intellectual property. Someone owns the reproduction rights to photographs of your dining table. At this very moment, battles are raging over copyright in the output of artificial intelligence programs. Not only books but wallpaper, computer programs and cuddly toys are now deemed to be intellectual properties - making copyright a labyrinthine construction of laws, covering almost all products of human creativity.Copyright has its roots in eighteenth-century London, where it was first established to limit printers' control of books. Principled arguments against copyright arose from the start and nearly abolished it in the nineteenth century. But a handful of little-noticed changes in the late twentieth century concentrated ownership of immaterial goods into very few hands. Who Owns This Sentence? is an often-humorous and always-enlightening cultural, legal, and global history of the idea that intangible things can be owned, and makes a persuasive case for seeing copyright as an engine of inequality in the twenty-first century.
Why Do Banks Fail and What to Do About It: The Role of Risk Management, Governance, Accounting, and More (Contributions to Finance and Accounting)
by Nordine Abidi Bruno Buchetti Samuele Crosetti Ixart Miquel-FloresBanks play a crucial role in the global economy, yet they are vulnerable to failures that can have catastrophic effects. Key questions arise: What causes bank failures? What drives these failures? Can we avoid a banking crisis? What happens when a bank fails?This book explores the causes, consequences, and potential prevention of banking crises. It begins by examining the fundamental roles of banks in the economic system, focusing on their intermediary functions like liquidity provision, payment management, asset transformation, and borrower oversight. The book then delves into the challenges facing the banking sector, including cyber threats, climate change, and geopolitical instabilities.The second chapter addresses the primary risks banks face, such as liquidity, credit, market, interest rate, IT, and environmental risks, and how these contribute to banking failures. Chapter three shifts focus to financial statements, contrasting those of commercial and investment banks with non-financial companies, and discusses the impact of creative accounting in recent banking collapses.Governance issues and their role in banking failures are the focus of chapter four, highlighting the crucial need for effective risk monitoring by bank directors. The final chapter illustrates the process of bank resolution and the evolving strategies of resolution authorities in ensuring bank stability. Targeted at researchers, regulators, and practitioners, this book comprehensively covers the drivers of banking failures, regulatory improvement suggestions, and real-world case studies. It emphasizes the importance of banks in today’s economy, their unique risks, and the aftermath of their failure, aiming to provide a threefold contribution to understanding and managing banking crises.
Why Politicians Lie About Trade: ... and What You Need to Know About It
by Dmitry GrozoubinskiPithy and humorous guide for anyone in politics, business, and charity who needs to know how cross-border trade works Written by a skilled communicator who trains staff at the United Nations and leading NGOs Crucial to understanding modern politics and diplomacy
Wie und warum zitieren Gerichte?: Intertextuelle Bezugnahmen in den Entscheidungen des Bundesverfassungsgerichts und des Supreme Court of Canada (Literatur und Recht #12)
by Joy Steigler-HermsGerichtsentscheidungen können ohne Bezugnahmen auf andere Texte weder getroffen noch verfasst werden, Zitate sind in Gerichtsentscheidungen omnipräsent. Jede Entscheidung berücksichtigt einschlägige Normtexte oder Präjudizien, in erster Linie zur Sicherstellung einer kohärenten Rechtsprechung. Durch den Akt des Bezugnehmens demonstrieren Gerichte, dass sie in ihren Entscheidungen auf einer etablierten Rechtsdogmatik aufbauen. Diese Integration in die bestehende Dogmatik legitimiert die Entscheidung und schafft damit Rechtssicherheit durch Rechtsvorhersagbarkeit. In Gerichtsentscheidungen finden sich darüber hinaus Bezugnahmen auf Texte, die nicht über rechtliche Autorität verfügen und denen entsprechend keine derartige Funktion zugeschrieben werden kann. Unter den von Gerichten zitierten Quellen finden sich neben Gesetzestexten z.B. auch Bezüge auf ausländisches Recht, auf wissenschaftliche Quellen oder sogar auf literarische Texte. Die vorliegende Arbeit beschäftigtsich in Anbetracht dessen mit der Frage, wie und warum Gerichte zitieren. Am Beispiel von Entscheidungen des Bundesverfassungsgerichts und des Supreme Court of Canada schlägt die interdisziplinäre Studie sowohl philologische als auch rechtswissenschaftliche Auswertungskriterien zur empirischen Rekonstruktion von Zitatfunktionalisierungen vor und nimmt dabei ferner auch eine komparative Perspektive auf rechtskreisbedingte Unterschiede zwischen den Zitationspraktiken vor Gericht ein.