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Pastoral Aesthetics: A Theological Perspective on Principlist Bioethics
by Nathan CarlinIt is often said that bioethics emerged from theology in the 1960s, and that since then it has grown into a secular enterprise, yielding to other disciplines and professions such as philosophy and law. During the 1970s and 1980s, a kind of secularism in biomedicine and related areas was encouraged by the need for a neutral language that could provide common ground for guiding clinical practice and research protocols. Tom Beauchamp and James Childress, in their pivotal The Principles of Biomedical Ethics, achieved this neutrality through an approach that came to be known as "principlist bioethics." In Pastoral Aesthetics, Nathan Carlin critically engages Beauchamp and Childress by revisiting the role of religion in bioethics and argues that pastoral theologians can enrich moral imagination in bioethics by cultivating an aesthetic sensibility that is theologically-informed, psychologically-sophisticated, therapeutically-oriented, and experientially-grounded. To achieve these ends, Carlin employs Paul Tillich's method of correlation by positioning four principles of bioethics with four images of pastoral care, drawing on a range of sources, including painting, fiction, memoir, poetry, journalism, cultural studies, clinical journals, classic cases in bioethics, and original pastoral care conversations. What emerges is a form of interdisciplinary inquiry that will be of special interest to bioethicists, theologians, and chaplains.
Pastoral Aesthetics: A Theological Perspective on Principlist Bioethics
by Nathan CarlinIt is often said that bioethics emerged from theology in the 1960s, and that since then it has grown into a secular enterprise, yielding to other disciplines and professions such as philosophy and law. During the 1970s and 1980s, a kind of secularism in biomedicine and related areas was encouraged by the need for a neutral language that could provide common ground for guiding clinical practice and research protocols. Tom Beauchamp and James Childress, in their pivotal The Principles of Biomedical Ethics, achieved this neutrality through an approach that came to be known as "principlist bioethics." In Pastoral Aesthetics, Nathan Carlin critically engages Beauchamp and Childress by revisiting the role of religion in bioethics and argues that pastoral theologians can enrich moral imagination in bioethics by cultivating an aesthetic sensibility that is theologically-informed, psychologically-sophisticated, therapeutically-oriented, and experientially-grounded. To achieve these ends, Carlin employs Paul Tillich's method of correlation by positioning four principles of bioethics with four images of pastoral care, drawing on a range of sources, including painting, fiction, memoir, poetry, journalism, cultural studies, clinical journals, classic cases in bioethics, and original pastoral care conversations. What emerges is a form of interdisciplinary inquiry that will be of special interest to bioethicists, theologians, and chaplains.
Consequentialism: New Directions, New Problems (Oxford Moral Theory)
Consequentialism is a focal point of discussion and a driving force behind important developments in moral philosophy. Recently, the debate has shifted in focus and in style. By seeking to consequentialize rival moral theories, in particular those with agent-relative characteristics, and by framing accounts in terms of reasons rather than in terms of value, an emerging new wave consequentialism has presented - at much higher levels of abstraction - theories which proved extremely flexible and powerful in meeting long-standing and influential objections. This volume of new essays on new wave consequentialism initiates and stimulates novel lines of discussions among proponents and their critics. The contributions explore new directions in new wave consequentialism and present refined conceptual frameworks (in Part I), raise challenging fundamental problems for these frameworks and the new wave's theoretical basis (in Part II), and give a balanced assessment of the new wave's limits and achievements in specific contexts of commonsense moral practice (in Part III). The volume will be of interest to all readers in ethical and moral theory.
The Oxford Handbook of Professional Economic Ethics (Oxford Handbooks)
by George F. DeMartino and Deirdre N. McCloskeyFor over a century the economics profession has extended its reach to encompass policy formation and institutional design while largely ignoring the ethical challenges that attend the profession's influence over the lives of others. Economists have proven to be disinterested in ethics. Embracing emotivism, they often treat ethics a matter of mere preference. Moreover, economists tend to be hostile to professional economic ethics, which they incorrectly equate with a code of conduct that would be at best ineffectual and at worst disruptive to good economic practice. But good ethical reasoning is not reducible to mere tastes, and professional ethics is not reducible to a code. Instead, professional economic ethics refers to a new field of investigation-a tradition of sustained and lively inquiry into the irrepressible ethical entailments of academic and applied economic practice. The Oxford Handbook of Professional Economic Ethics explores a wide range of questions related to the nature of ethical economic practice and the content of professional economic ethics. It explores current thinking that has emerged in these areas while widening substantially the terrain of economic ethics. There has never been a volume that poses so directly and intensively the question of the need for and content of professional ethics for economics. The Handbook incorporates the work of leading scholars and practitioners, including academic economists from various theoretical traditions; applied economists, beyond academia, whose work has direct and immense social impact; and philosophers, professional ethicists, and others whose work has addressed the nature of "professionalism" and its implications for ethical practice.
The Oxford Handbook of Professional Economic Ethics (Oxford Handbooks)
by George F. DeMartino Deirdre N. McCloskeyFor over a century the economics profession has extended its reach to encompass policy formation and institutional design while largely ignoring the ethical challenges that attend the profession's influence over the lives of others. Economists have proven to be disinterested in ethics. Embracing emotivism, they often treat ethics a matter of mere preference. Moreover, economists tend to be hostile to professional economic ethics, which they incorrectly equate with a code of conduct that would be at best ineffectual and at worst disruptive to good economic practice. But good ethical reasoning is not reducible to mere tastes, and professional ethics is not reducible to a code. Instead, professional economic ethics refers to a new field of investigation-a tradition of sustained and lively inquiry into the irrepressible ethical entailments of academic and applied economic practice. The Oxford Handbook of Professional Economic Ethics explores a wide range of questions related to the nature of ethical economic practice and the content of professional economic ethics. It explores current thinking that has emerged in these areas while widening substantially the terrain of economic ethics. There has never been a volume that poses so directly and intensively the question of the need for and content of professional ethics for economics. The Handbook incorporates the work of leading scholars and practitioners, including academic economists from various theoretical traditions; applied economists, beyond academia, whose work has direct and immense social impact; and philosophers, professional ethicists, and others whose work has addressed the nature of "professionalism" and its implications for ethical practice.
Are Workarounds Ethical?: Managing Moral Problems in Health Care Systems
by Nancy BerlingerHow work gets done in complex health care systems is ethically important. When health care professionals and other staff are pressured to improvise, fix structural problems, or comply with competing policies, the uncertainty and distress they experience have potential consequences for patients, families, colleagues, and the system itself. This book presents a new theory of health care ethics that is grounded in the nature of health care work and how it is shaped by the ever-changing conditions of complex systems, in particular, problems of safety and harm. By exploring workarounds and other improvised practices in complex health care systems that are difficult for professionals to talk about openly, yet have unclear effects, including their value or risk to patients, this book offers a realistic look at our changing health care system and how we can improve the way we manage moral problems arising in the care of the sick. Berlinger argues that health care ethics in complex and changing health care systems should reflect the moral complexity of health care work, analyze common ethical challenges with reference to behaviors and pressures driven by the system itself, and support opportunities for health care professionals and staff at all levels to reflect on the problems they face and to take part in social change. The book's chapters include frameworks for looking at ethical challenges in health care as problems of safety and harm with consequences for patients. Are Workarounds Ethical? is designed to support clinician education in medicine, nursing, and interdisciplinary contexts and recommend methods for integrating ethics, safety, and justice in practice.
Are Workarounds Ethical?: Managing Moral Problems in Health Care Systems
by Nancy BerlingerHow work gets done in complex health care systems is ethically important. When health care professionals and other staff are pressured to improvise, fix structural problems, or comply with competing policies, the uncertainty and distress they experience have potential consequences for patients, families, colleagues, and the system itself. This book presents a new theory of health care ethics that is grounded in the nature of health care work and how it is shaped by the ever-changing conditions of complex systems, in particular, problems of safety and harm. By exploring workarounds and other improvised practices in complex health care systems that are difficult for professionals to talk about openly, yet have unclear effects, including their value or risk to patients, this book offers a realistic look at our changing health care system and how we can improve the way we manage moral problems arising in the care of the sick. Berlinger argues that health care ethics in complex and changing health care systems should reflect the moral complexity of health care work, analyze common ethical challenges with reference to behaviors and pressures driven by the system itself, and support opportunities for health care professionals and staff at all levels to reflect on the problems they face and to take part in social change. The book's chapters include frameworks for looking at ethical challenges in health care as problems of safety and harm with consequences for patients. Are Workarounds Ethical? is designed to support clinician education in medicine, nursing, and interdisciplinary contexts and recommend methods for integrating ethics, safety, and justice in practice.
Point Taken: How to Write Like the World's Best Judges
by Ross GubermanIn Point Taken, Ross Guberman delves into the work of the best judicial opinion-writers and offers a step-by-step method based on practical and provocative examples. Featuring numerous cases and opinions from 34 esteemed judges - from Learned Hand to Antonin Scalia - Point Taken, explores what it takes to turn "great judicial writing" into "great writing". Guberman provides a system for crafting effective and efficient openings to set the stage, covering the pros and cons of whether to resolve legal issues up front and whether to sacrifice taut syllogistic openings in the name of richness and nuance. Guberman offers strategies for pruning clutter, adding background, emphasizing key points, adopting a narrative voice, and guiding the reader through visual cues. The structure and flow of the legal analysis is targeted through a host of techniques for organizing the discussion at the macro level, using headings, marshaling authorities, including or avoiding footnotes, and finessing transitions. Guberman shares his style "Must Haves", a bounty of edits at the word and sentence level that add punch and interest, and that make opinions more vivid, varied, confident, and enjoyable. He also outlines his style "Nice to Haves", metaphors, similes, examples, analogies, allusions, and rhetorical figures. Finally, he addresses the thorny problem of dissents, extracting the best practices for dissents based on facts, doctrine, or policy. The appendix provides a helpful checklist of practice pointers along with biographies of the 34 featured judges.
Point Taken: How to Write Like the World's Best Judges
by Ross GubermanIn Point Taken, Ross Guberman delves into the work of the best judicial opinion-writers and offers a step-by-step method based on practical and provocative examples. Featuring numerous cases and opinions from 34 esteemed judges - from Learned Hand to Antonin Scalia - Point Taken, explores what it takes to turn "great judicial writing" into "great writing". Guberman provides a system for crafting effective and efficient openings to set the stage, covering the pros and cons of whether to resolve legal issues up front and whether to sacrifice taut syllogistic openings in the name of richness and nuance. Guberman offers strategies for pruning clutter, adding background, emphasizing key points, adopting a narrative voice, and guiding the reader through visual cues. The structure and flow of the legal analysis is targeted through a host of techniques for organizing the discussion at the macro level, using headings, marshaling authorities, including or avoiding footnotes, and finessing transitions. Guberman shares his style "Must Haves", a bounty of edits at the word and sentence level that add punch and interest, and that make opinions more vivid, varied, confident, and enjoyable. He also outlines his style "Nice to Haves", metaphors, similes, examples, analogies, allusions, and rhetorical figures. Finally, he addresses the thorny problem of dissents, extracting the best practices for dissents based on facts, doctrine, or policy. The appendix provides a helpful checklist of practice pointers along with biographies of the 34 featured judges.
The Sovereignty of Human Rights
by Patrick MacklemThe Sovereignty of Human Rights advances a legal theory of international human rights that defines their nature and purpose in relation to the structure and operation of international law. Professor Macklem argues that the mission of international human rights law is to mitigate adverse consequences produced by the international legal deployment of sovereignty to structure global politics into an international legal order. The book contrasts this legal conception of international human rights with moral conceptions that conceive of human rights as instruments that protect universal features of what it means to be a human being. The book also takes issue with political conceptions of international human rights that focus on the function or role that human rights plays in global political discourse. It demonstrates that human rights traditionally thought to lie at the margins of international human rights law - minority rights, indigenous rights, the right of self-determination, social rights, labor rights, and the right to development - are central to the normative architecture of the field.
The Sovereignty of Human Rights
by Patrick MacklemThe Sovereignty of Human Rights advances a legal theory of international human rights that defines their nature and purpose in relation to the structure and operation of international law. Professor Macklem argues that the mission of international human rights law is to mitigate adverse consequences produced by the international legal deployment of sovereignty to structure global politics into an international legal order. The book contrasts this legal conception of international human rights with moral conceptions that conceive of human rights as instruments that protect universal features of what it means to be a human being. The book also takes issue with political conceptions of international human rights that focus on the function or role that human rights plays in global political discourse. It demonstrates that human rights traditionally thought to lie at the margins of international human rights law - minority rights, indigenous rights, the right of self-determination, social rights, labor rights, and the right to development - are central to the normative architecture of the field.
Motivational Internalism (Oxford Moral Theory)
by Gunnar BjÖrnsson, Caj Strandberg, Ragnar FrancÉn Olinder, John Eriksson And Fredrik BjÖlrklundMotivational internalism-the idea that there is an intrinsic or necessary connection between moral judgment and moral motivation-is a central thesis in a number of metaethical debates. In conjunction with a Humean picture of motivation, it provides a challenge for cognitivist theories that take moral judgments to concern objective aspects of reality. Versions of internalism have potential implications for moral absolutism, realism, non-naturalism, and rationalism. Being a constraint on more detailed conceptions of moral motivation and moral judgment, it is also directly relevant to wider issues in moral psychology. But internalism is a controversial thesis, and the apparent possibility of amoralists and the rejection of strong forms of internalism have also been seen as problems for non-cognitivists. This volume's thirteen new essays and introduction are meant to help readers appreciate state-of-the-art of research on internalism, to identify connections between various aspects of the debate, and to deepen discussion of a number of central aspects of metaethics. The introductory chapter provides a structured overview of the debate with a focus on the last two decades, while the book's three main sections focus on what evidence there is for or against various versions of internalism, the relevance of versions of internalism for wider metaethical issues, and different ways of accommodating both internalist and externalist aspects of moral practice, respectively.
Speak English or What?: Codeswitching and Interpreter Use in New York City Courts (Oxford Studies in Language and Law)
by Philipp Sebastian AngermeyerThis book presents a study of interpreter-mediated interaction in New York City small claims courts, drawing on audio-recorded arbitration hearings and ethnographic fieldwork. Focusing on the language use of speakers of Haitian Creole, Polish, Russian, or Spanish, the study explores how these litigants make use of their limited proficiency in English, in addition to communicating with the help of professional court interpreters. Drawing on research on courtroom interaction, legal interpreting, and conversational codeswitching, the study explores how the ability of immigrant litigants to participate in these hearings is impacted by institutional language practices and underlying language ideologies, as well as by the approaches of individual arbitrators and interpreters who vary in their willingness to accommodate to litigants and share the burden of communication with them. Litigants are shown to codeswitch between the languages in interactionally meaningful ways that facilitate communication, but such bilingual practices are found to be in conflict with court policies that habitually discourage the use of English and require litigants to act as monolinguals, using only one language throughout the entire proceedings. Moreover, the standard distribution of interpreting modes in the courtroom is shown to disadvantage litigants who rely on the interpreter, as consecutive interpreting causes their narrative testimony to be less coherent and more prone to interruptions, while simultaneous interpreting often leads to incomplete translation of legal arguments or of their opponent's testimony. Consequently, the study raises questions about the relationship between linguistic diversity and inequality, arguing that the legal system inherently privileges speakers of English.
The Complete Bill of Rights: The Drafts, Debates, Sources, and Origins
by Neil H. CoganThe fundamental, inalienable rights and privileges set forth in the Bill of Rights represent the very foundations of American liberty. The Complete Bill of Rights is a documentary record of the process by which these rights and privileges were defined and recorded as law. Now in its second edition, The Complete Bill of Rights contains double the content featured in the first edition. This new edition includes all the background texts for the origins and debate of the ratification of the Bill of Rights and presents them clause by clause in a complete, accurate, and accessible format. Arranged in chronological order, the work presents each clause in its finished form, and traces its development from its proposal through drafting through adoption. Cogan presents every draft of the text and every documentary source, including state convention proposals, state, colonial, and English constitutional texts, sources in caselaw and treatises, and State and Colonial statutory and decisional law. He includes data from diaries and correspondence, pamphlets and newspapers, as well as the Congressional and State debates, including the correspondence of George Washington, Thomas Jefferson, James Madison, and John Adams among many others who debated the issues that the Supreme Court considers law today. The book also contains each version of the drafts from the manuscript collections of the National Archives and Library of Congress. The result is the most detailed and useful record of the debate over the Bill of Rights available. This first new edition since 1997 substantially expands on the previous edition, providing the same invaluable texts for two fundamental protections of liberty found in the Constitution of 1789 (though not in the Bill of Rights): the protections under habeas corpus and the privileges and immunities clauses. Each chapter expands the background discussion of rights, and provides pertinent texts in contemporary legal dictionaries to meet the increasing interest of federal and state courts in additional sources for interpretation. The second edition also provides a chapter-by-chapter discussion of rights by treatise and abridgement writers in addition to Blackstone. Finally, all margin notes and footnotes in the dictionaries and treatises are included, so the reader has access to the totality of the original statues and case law upon which the drafters relied. The Complete Bill of Rights is the only comprehensive collection of texts essential to understanding the Bill of Rights. Organized in an accessible and practical manner, it is an invaluable tool for law students, judges, lawyers, and law clerks, as well as scholars of the law, history, and political science.
Entextualizing Domestic Violence: Language Ideology and Violence Against Women in the Anglo-American Hearsay Principle (Oxford Studies in Language and Law)
by Jennifer AndrusLanguage ideology is a concept developed in linguistic anthropology to explain the ways in which ideas about the definition and functions of language can become linked with social discourses and identities. In Entextualizing Domestic Violence, Jennifer Andrus demonstrates how language ideologies that are circulated in the Anglo-American law of evidence draw on and create indexical links to social discourses, affecting speakers whose utterances are used as evidence in legal situations. Andrus addresses more specifically the tendency of such a language ideology to create the potential to speak for, appropriate, and ignore the speech of women who have been victims of domestic violence. In addition to identifying specific linguistic strategies employed in legal situations, she analyzes assumptions about language circulated and animated in the legal text and talk used to evaluate spoken evidence, and describes the consequences of the language ideology when it is co-articulated with discourses about gender and domestic violence. The book focuses on the pair of rules concerning hearsay and its exceptions in the Anglo-American law of evidence. Andrus considers legal discourses, including statutes, precedents, their application in trials, and the relationship between such legal discourses and social discourses about domestic violence. Using discourse analysis, she demonstrates the ways legal metadiscourses about hearsay are articulated with social discourses about domestic violence, and the impact of this powerful co-articulation on the individual whose speech is legally appropriated. Andrus approaches legal rules and language ideology both diachronically and synchronically in this book, which will be an important addition to ongoing research and discussion on the role legal appropriation of speech may have in perpetuating the voicelessness of victims in the legal treatment of domestic violence.
Yearbook on International Investment Law & Policy, 2013-2014 (Yearbook on International Investment Law and Policy)
by Andrea K. BjorklundInternational investment law today consists of a network of multifaceted, multilayered international treaties that, in one way or another, involve virtually every country of the world. The evolution of this network raises a host of issues regarding international investment law and policy, especially in the area of international investment disputes. The Yearbook on International Investment Law & Policy 2013-2014 monitors current developments in international investment law and policy, focusing on recent trends and issues in foreign direct investment (FDI). With contributions by leading experts in the field, this title provides timely, authoritative information on FDI that can be used by a wide audience, including practitioners, academics, researchers, and policy makers. The 2013-2014 Yearbook begins with trends in international investment and the activities of multinational enterprises, a review of trends and new approaches in international investment agreements for 2013-2014, and a review of international investment law and arbitration for 2013. This edition contains a sample of the research and ideas generated by the Investment Treaty Forum at the British Institute of International and Comparative Law--The Investment Treaty Forum brings together experts in international investment law to engage in high-level debate about salient topics in investment law. This edition covers many important topics, such as the principle of proportionality and the problem of indeterminacy in international investment treaties; proportionality, reasonableness and standards of review in investment treaty arbitration; and the role of investors' legitimate expectations in defense of investment treaty claims. The general articles included in this volume provide analysis of balancing investor protection and regulatory freedom in international investment law. The jurisprudential interaction between ICSID tribunals and the International Court of Justice are also discussed, along with inconsistencies in investor-state awards, the role of state interpretations; old and new ways for host states to defend against investment arbitrations, and approaches and analogies in the countermeasures defense in investor-state disputes. This volume explores the political economy of crises and the international law of necessity after the great recession. In addition to this are articles on minilateral treaty-making and bilateral investment treaties; investment promotion, agencies; the trend toward open contracting; and new regulations on foreign acquisitions of land in Brazil and Argentina. This volume concludes with the winning memorials from the 2013 FDI International Moot Competition.
The Poseidon Project: The Struggle to Govern the World's Oceans
by David BoscoA vibrant exploration of past and present controversies surrounding control of the world's oceans. In 1609, the Dutch lawyer Hugo Grotius rejected the idea that even powerful rulers could own the oceans. "A ship sailing through the sea," he wrote, "leaves behind it no more legal right than it does a track." A philosophical and legal battle ensued, but Grotius's view ultimately prevailed. To this day, "freedom of the seas" remains an important legal principle and a powerful rhetorical tool. Yet in recent decades, freedom of the seas has eroded in multiple ways and for a variety of reasons. During the world wars of the 20th century, combatants imposed unprecedented restrictions on maritime commerce, leaving international rules in tatters. National governments have steadily expanded their reach into the oceans. More recently, environmental concerns have led to new international restrictions on high seas fishing. Today's most dangerous maritime disputes-including China's push for control of the South China Sea-are occurring against the backdrop of major changes in the way the world treats the oceans. As David Bosco shows in The Poseidon Project, the history of humanity's attempt to create rules for the oceans is alive and relevant. Tracing the roots of the law of the sea and the background to current maritime disputes, he shows that building effective ocean rules while preserving maritime freedoms remains a daunting task. Bosco analyzes how fragile international institutions and determined activists are struggling for relevance in a world still dominated by national governments. As maritime tensions develop, The Poseidon Project will serve as an essential guide to the continuing challenge of ocean governance.
The Poseidon Project: The Struggle to Govern the World's Oceans
by David BoscoA vibrant exploration of past and present controversies surrounding control of the world's oceans. In 1609, the Dutch lawyer Hugo Grotius rejected the idea that even powerful rulers could own the oceans. "A ship sailing through the sea," he wrote, "leaves behind it no more legal right than it does a track." A philosophical and legal battle ensued, but Grotius's view ultimately prevailed. To this day, "freedom of the seas" remains an important legal principle and a powerful rhetorical tool. Yet in recent decades, freedom of the seas has eroded in multiple ways and for a variety of reasons. During the world wars of the 20th century, combatants imposed unprecedented restrictions on maritime commerce, leaving international rules in tatters. National governments have steadily expanded their reach into the oceans. More recently, environmental concerns have led to new international restrictions on high seas fishing. Today's most dangerous maritime disputes-including China's push for control of the South China Sea-are occurring against the backdrop of major changes in the way the world treats the oceans. As David Bosco shows in The Poseidon Project, the history of humanity's attempt to create rules for the oceans is alive and relevant. Tracing the roots of the law of the sea and the background to current maritime disputes, he shows that building effective ocean rules while preserving maritime freedoms remains a daunting task. Bosco analyzes how fragile international institutions and determined activists are struggling for relevance in a world still dominated by national governments. As maritime tensions develop, The Poseidon Project will serve as an essential guide to the continuing challenge of ocean governance.
The Character Gap: How Good Are We? (Philosophy In Action)
by Christian MillerWe like to think of ourselves, our friends, and our families as decent people. We may not be saints, but we are still honest, relatively kind, and mostly trustworthy. Miller argues here that we are badly mistaken in thinking this. Hundreds of recent studies in psychology tell a different story: that we all have serious character flaws that prevent us from being as good as we think we are - and that we do not even recognize that these flaws exist. But neither are most of us cruel or dishonest. Instead, Miller argues, we are a mixed bag. On the one hand, most of us in a group of bystanders will do nothing as someone cries out for help in an emergency. Yet it is also true that there will be many times when we will selflessly come to the aid of a complete stranger - and resist the urge to lie, cheat, or steal even if we could get away with it. Much depends on cues in our social environment. Miller uses this recent psychological literature to explain what the notion of "character" really means today, and how we can use this new understanding to develop a character better in sync with the kind of people we want to be.
The Character Gap: How Good Are We? (Philosophy in Action)
by Christian MillerWe like to think of ourselves, our friends, and our families as decent people. We may not be saints, but we are still honest, relatively kind, and mostly trustworthy. Miller argues here that we are badly mistaken in thinking this. Hundreds of recent studies in psychology tell a different story: that we all have serious character flaws that prevent us from being as good as we think we are - and that we do not even recognize that these flaws exist. But neither are most of us cruel or dishonest. Instead, Miller argues, we are a mixed bag. On the one hand, most of us in a group of bystanders will do nothing as someone cries out for help in an emergency. Yet it is also true that there will be many times when we will selflessly come to the aid of a complete stranger - and resist the urge to lie, cheat, or steal even if we could get away with it. Much depends on cues in our social environment. Miller uses this recent psychological literature to explain what the notion of "character" really means today, and how we can use this new understanding to develop a character better in sync with the kind of people we want to be.
CONFRONTING THE DEATH PENALTY OXSLL C: How Language Influences Jurors in Capital Cases (Oxford Studies in Language and Law)
by Robin ConleyConfronting the Death Penalty: How Language Influences Jurors in Capital Cases probes how jurors make the ultimate decision about whether another human being should live or die. Drawing on ethnographic and qualitative linguistic methods, this book explores the means through which language helps to make death penalty decisions possible - how specific linguistic choices mediate and restrict jurors', attorneys', and judges' actions and experiences while serving and reflecting on capital trials. The analysis draws on fifteen months of ethnographic fieldwork in diverse counties across Texas, including participant observation in four capital trials and post-verdict interviews with the jurors who decided those cases. Given the impossibility of access to actual capital jury deliberations, this integration of methods aims to provide the clearest possible window into jurors' decision-making. Using methods from linguistic anthropology, conversation analysis, and multi-modal discourse analysis, Conley analyzes interviews, trial talk, and written legal language to reveal a variety of communicative practices through which jurors dehumanize defendants and thus judge them to be deserving of death. By focusing on how language can both facilitate and stymie empathic encounters, the book addresses a conflict inherent to death penalty trials: jurors literally face defendants during trial and then must distort, diminish, or negate these face-to-face interactions in order to sentence those same defendants to death. The book reveals that jurors cite legal ideologies of rational, dispassionate decision-making - conveyed in the form of authoritative legal language - when negotiating these moral conflicts. By investigating the interface between experiential and linguistic aspects of legal decision-making, the book breaks new ground in studies of law and language, language and psychology, and the death penalty.
University, Court, and Slave: Pro-Slavery Thought in Southern Colleges and Courts and the Coming of Civil War
by Alfred L. BrophyUniversity, Court, and Slave reveals long-forgotten connections between pre-Civil War southern universities and slavery. Universities and their faculty owned people-sometimes dozens of people-and profited from their labor while many slaves endured physical abuse on campuses. As Alfred L. Brophy shows, southern universities fought the emancipation movement for economic reasons, but used their writings on history, philosophy, and law in an attempt to justify their position and promote their institutions. Indeed, as the antislavery movement gained momentum, southern academics and their allies in the courts became bolder in their claims. Some went so far as to say that slavery was supported by natural law. The combination of economic reasoning and historical precedent helped shape a southern, pro-slavery jurisprudence. Following Lincoln's November 1860 election, southern academics joined politicians, judges, lawyers, and other leaders in arguing that their economy and society was threatened. Southern jurisprudence led them to believe that any threats to slavery and property justified secession. Bolstered by the courts, academics took their case to the southern public-and ultimately to the battlefield-to defend slavery. A path-breaking and deeply researched history of southern universities' investment in and defense of slavery, University, Court, and Slave will fundamentally transform our understanding of the institutional foundations pro-slavery thought.
Lawfare: Law as a Weapon of War
by Orde F. KittrieInternational military interventions endanger soldier and civilian lives, can be financially costly, and risk spiraling out of control. One incident which exemplified the risks involved a US and UK wish to stop a Russian ship from delivering helicopter gunships to the Assad regime in Syria in 2012. Forcibly intercepting a Russian ship in transit could have risked World War III, so they developed an alternative, non-confrontational maneuver: instead of military intervention, the UK persuaded the ship's insurer, London's Standard Club, to withdraw the ship's insurance. This loss of insurance caused the ship to return to Russia, thus avoiding an international clash as well as the delivery of deadly weapons to Syria. This use of legal maneuvering in lieu of armed force is known as "lawfare" and is becoming a critical tool in the foreign policy arena. In Lawfare, author Orde Kittrie draws on his experiences as a lawfare practitioner, US State Department attorney, and international law scholar in analyzing the theory and practice of lawfare. Kittrie explains how factors including the increased reach of international laws and tribunals and the rise of economic globalization and information technology have fueled lawfare's increasing power and prevalence. The book includes case studies of recent offensive and defensive lawfare by the United States, China, all sides of the Israeli-Palestinian conflict, and several non-governmental organizations and individuals. Kittrie asserts that much of the United States' most effective and creative lawfare today is being waged by private sector or other non-governmental attorneys. He analyzes why this is the case, and describes how such attorneys' expertise and experience can contribute even more to U.S. national security. Kittrie also explains that lawfare, deployed more systematically and adeptly by the U.S. government, could likely reduce U.S. and foreign casualties, and save U.S. taxpayer dollars, by supplementing or replacing the use of armed force as a tool for achieving some significant U.S. national security objectives. Understanding this alternative to armed force has never been more important.
Lawfare: Law as a Weapon of War
by Orde F. KittrieInternational military interventions endanger soldier and civilian lives, can be financially costly, and risk spiraling out of control. One incident which exemplified the risks involved a US and UK wish to stop a Russian ship from delivering helicopter gunships to the Assad regime in Syria in 2012. Forcibly intercepting a Russian ship in transit could have risked World War III, so they developed an alternative, non-confrontational maneuver: instead of military intervention, the UK persuaded the ship's insurer, London's Standard Club, to withdraw the ship's insurance. This loss of insurance caused the ship to return to Russia, thus avoiding an international clash as well as the delivery of deadly weapons to Syria. This use of legal maneuvering in lieu of armed force is known as "lawfare" and is becoming a critical tool in the foreign policy arena. In Lawfare, author Orde Kittrie draws on his experiences as a lawfare practitioner, US State Department attorney, and international law scholar in analyzing the theory and practice of lawfare. Kittrie explains how factors including the increased reach of international laws and tribunals and the rise of economic globalization and information technology have fueled lawfare's increasing power and prevalence. The book includes case studies of recent offensive and defensive lawfare by the United States, China, all sides of the Israeli-Palestinian conflict, and several non-governmental organizations and individuals. Kittrie asserts that much of the United States' most effective and creative lawfare today is being waged by private sector or other non-governmental attorneys. He analyzes why this is the case, and describes how such attorneys' expertise and experience can contribute even more to U.S. national security. Kittrie also explains that lawfare, deployed more systematically and adeptly by the U.S. government, could likely reduce U.S. and foreign casualties, and save U.S. taxpayer dollars, by supplementing or replacing the use of armed force as a tool for achieving some significant U.S. national security objectives. Understanding this alternative to armed force has never been more important.
RISE OF CORPORATE RELIGIOUS LIBERTY C
by Chad Flanders and Zoë RobinsonWhat are the rights of religious institutions? Should those rights extend to for-profit corporations? Houses of worship have claimed they should be free from anti-discrimination laws in hiring and firing ministers and other employees. Faith-based institutions, including hospitals and universities, have sought exemptions from requirements to provide contraception. Now, in a surprising development, large for-profit corporations have succeeded in asserting rights to religious free exercise. The Rise of Corporate Religious Liberty explores this "corporate" turn in law and religion. Drawing on a broad range perspectives, this book examines the idea of "freedom of the church," the rights of for-profit corporations, and the implications of the Supreme Court's landmark decision in Burwell v. Hobby Lobby for debates on anti-discrimination law, same-sex marriage, health care, and religious freedom.