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The Moral Argument: A History
by David Baggett Jerry WallsThe history of the moral argument for the existence of God is a fascinating tale. Like any good story, it is full of twists and unexpected turns, compelling conflicts, memorable and idiosyncratic characters, both central and ancillary players. The narrative is as labyrinthine and circuitous as it is linear, its point yet to be fully seen, and its ending yet to be written. What remains certain is the importance of telling it. The resources of history offer a refresher course, a teachable moment, a cautionary tale about the need to avoid making sacrosanct the trends of the times, and an often sobering lesson in why reigning assumptions may need to be rejected. This book lets the argument's advocates, many long dead, come alive again and speak for themselves. A historical study of the moral argument is a reminder that classical philosophers were unafraid to ask and explore the big questions of faith, hope, and love; of truth, goodness, and beauty; of God, freedom, and immortality. It gives students and scholars alike the chance to drill down into their ideas, contexts, and arguments. Only by a careful study of its history can we come to see its richness and the range of resources it offers.
The Oxford Handbook of Public Health Ethics (Oxford Handbooks)
Natural disasters and cholera outbreaks. Ebola, SARS, and concerns over pandemic flu. HIV and AIDS. E. coli outbreaks from contaminated produce and fast foods. Threats of bioterrorism. Contamination of compounded drugs. Vaccination refusals and outbreaks of preventable diseases. These are just some of the headlines from the last 30-plus years highlighting the essential roles and responsibilities of public health, all of which come with ethical issues and the responsibilities they create. Public health has achieved extraordinary successes. And yet these successes also bring with them ethical tension. Not all public health successes are equally distributed in the population; extraordinary health disparities between rich and poor still exist. The most successful public health programs sometimes rely on policies that, while improving public health conditions, also limit individual rights. Public health practitioners and policymakers face these and other questions of ethics routinely in their work, and they must navigate their sometimes competing responsibilities to the health of the public with other important societal values such as privacy, autonomy, and prevailing cultural norms. This Oxford Handbook provides a sweeping and comprehensive review of the current state of public health ethics, addressing these and numerous other questions. Taking account of the wide range of topics under the umbrella of public health and the ethical issues raised by them, this volume is organized into fifteen sections. It begins with two sections that discuss the conceptual foundations, ethical tensions, and ethical frameworks of and for public health and how public health does its work. The thirteen sections that follow examine the application of public health ethics considerations and approaches across a broad range of public health topics. While chapters are organized into topical sections, each chapter is designed to serve as a standalone contribution. The book includes 73 chapters covering many topics from varying perspectives, a recognition of the diversity of the issues that define public health ethics in the U.S. and globally. This Handbook is an authoritative and indispensable guide to the state of public health ethics today.
The California State Constitution (Oxford Commentaries on the State Constitutions of the United States)
by Joseph R. Grodin Darien Shanske Michael B. SalernoThe California Constitution is one of the longest in the world and has been revised over 500 times since its original drafting in 1849. In its current incarnation, the constitution reflects the state's mistrust of elected officials, gives cities and towns broad home rule powers, and outlines governance for the state's university system. The California State Constitution provides an outstanding constitutional and historical account of the state's basic governing charter. In addition to an overview of California's constitutional history, it offers an in-depth, section-by-section analysis of the entire constitution, detailing the many significant changes that have been made since its initial drafting in 1849. This treatment, along with a table of cases, index, and the bibliography provides an unsurpassed reference guide for students, scholars, and practitioners of California's constitution. The second edition updates and expands the previous edition published in 1993. The book provides new analysis, with citations to court decisions and relevant scholarly commentary, as well as accompanying explanations and a lengthy introduction to provide historical and thematic context. This new edition also contains a foreword by the current Chief Justice of California, Tani Cantil-Sakauye. The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.
Patent Wars: How Patents Impact Our Daily Lives
by Thomas F. CotterPatents are ubiquitous in contemporary life. Practically everything we use incorporates one or more patented inventions, and recent years have witnessed epic disputes over such matters as the patenting of human genes, the control of smartphone design and technology, the marketing of patented drugs, and the conduct of "patent trolls" accused of generating revenue from nuisance litigation. But what exactly is a patent? Why do governments grant them? Can patents simultaneously encourage new invention, while limiting monopoly and other abuses? In Patent Wars, Thomas Cotter, one of America's leading patent law scholars, offers an accessible, lively, and up-to-date examination of the current state of patent law, showing how patents affect everything from the food we eat to the cars we drive to the devices that entertain and inform us. Beginning with a general overview of patent law and litigation, the book addresses such issues as the patentability of genes, medical procedures, software, and business methods; the impact of drug patents and international treaties on the price of health care; trolls; and the smartphone wars. Taking into account both the benefits and costs that patents impose on society, Cotter highlights the key issues in current debates and explores what still remains unknown about the effect of patents on innovation. An essential one-volume analysis of the topic, Patent Wars explains why patent laws exist in the first place and how we can make the system better.
Patent Wars: How Patents Impact Our Daily Lives
by Thomas F. CotterPatents are ubiquitous in contemporary life. Practically everything we use incorporates one or more patented inventions, and recent years have witnessed epic disputes over such matters as the patenting of human genes, the control of smartphone design and technology, the marketing of patented drugs, and the conduct of "patent trolls" accused of generating revenue from nuisance litigation. But what exactly is a patent? Why do governments grant them? Can patents simultaneously encourage new invention, while limiting monopoly and other abuses? In Patent Wars, Thomas Cotter, one of America's leading patent law scholars, offers an accessible, lively, and up-to-date examination of the current state of patent law, showing how patents affect everything from the food we eat to the cars we drive to the devices that entertain and inform us. Beginning with a general overview of patent law and litigation, the book addresses such issues as the patentability of genes, medical procedures, software, and business methods; the impact of drug patents and international treaties on the price of health care; trolls; and the smartphone wars. Taking into account both the benefits and costs that patents impose on society, Cotter highlights the key issues in current debates and explores what still remains unknown about the effect of patents on innovation. An essential one-volume analysis of the topic, Patent Wars explains why patent laws exist in the first place and how we can make the system better.
The Risk of a Lifetime: How, When, and Why Procreation May Be Permissible
by Rivka WeinbergHaving children is probably as old as the first successful organism. It is often done thoughtlessly. This book is an argument for giving procreating some serious thought, and a theory of how, when, and why procreation may be permissible. Rivka Weinberg begins with an analysis of the kind of act procreativity is and why we might be justifiably motivated to engage in it. She then proceeds to argue that, by virtue of our ownership and control of the hazardous material that is our gametes, we are parentally responsible for the risks we take with our gametes and for the persons that develop when we engage in activity that allows our gametes to unite with others and develop into persons. Further argument establishes that when done respectfully, and in cases where the child's chances of leading a life of human flourishing are high, procreation may be permissible. Along the way, Weinberg argues that the non-identity problem is a curiously common mistake. Arguments intending to show that procreation is impermissible because life is bad for people and imposed on them without their consent are shown to have serious flaws. Yet because they leave us with lingering concerns, Weinberg argues that although procreation is permissible under certain conditions, it is not only a welfare risk but also a moral risk. Still, it is a risk that is often permissible for us to take and impose, given our high level of legitimate interest in procreativity. In order to ascertain when the procreative risk is permissible to impose, contractualist principles are proposed to fairly attend to the interests prospective parents have in procreating and the interests future people have in a life of human flourishing. The principles are assessed on their own merits and in comparison with rival principles. They are then applied to a wide variety of procreative cases.
NEW HAMPSHIRE STATE CONSTIT 2E COTUS C (Oxford Commentaries on the State Constitutions of the United States)
by Lawrence FriedmanIn this newly revised work, Lawrence Friedman presents a comprehensive and accessible survey of New Hampshire constitutional history and constitutional law. One of the oldest written constitutions in the United States, the New Hampshire Constitution pre-dates the federal constitution and, with the Massachusetts Constitution, served as a model for many of the state constitutions that followed. This volume recounts the history of its drafting and development over the past 200 years and reviews in detail both the constitutional provisions that frame the state government as well as those that secure individual rights against government infringement. The book reviews the major cases decided under each provision and provides commentary on the continued development of state constitutional law in New Hampshire. The second edition provides revisions throughout the book updating each commentary with the latest cases including those involving the state constitutional right to education, along with cutting-edge issues of search and seizure law, making it the most comprehensive, single-volume guide to the New Hampshire Constitution. The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.
The New Hampshire State Constitution (Oxford Commentaries on the State Constitutions of the United States)
by Lawrence FriedmanIn this newly revised work, Lawrence Friedman presents a comprehensive and accessible survey of New Hampshire constitutional history and constitutional law. One of the oldest written constitutions in the United States, the New Hampshire Constitution pre-dates the federal constitution and, with the Massachusetts Constitution, served as a model for many of the state constitutions that followed. This volume recounts the history of its drafting and development over the past 200 years and reviews in detail both the constitutional provisions that frame the state government as well as those that secure individual rights against government infringement. The book reviews the major cases decided under each provision and provides commentary on the continued development of state constitutional law in New Hampshire. The second edition provides revisions throughout the book updating each commentary with the latest cases including those involving the state constitutional right to education, along with cutting-edge issues of search and seizure law, making it the most comprehensive, single-volume guide to the New Hampshire Constitution. The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.
United States Law and Policy on Transitional Justice: Principles, Politics, and Pragmatics
by Zachary D. KaufmanIn United States Law and Policy on Transitional Justice: Principles, Politics, and Pragmatics, Zachary D. Kaufman explores the U.S. government's support for, or opposition to, certain transitional justice institutions. By first presenting an overview of possible responses to atrocities (such as war crimes tribunals) and then analyzing six historical case studies, Kaufman evaluates why and how the United States has pursued particular transitional justice options since World War II. This book challenges the "legalist" paradigm, which postulates that liberal states pursue war crimes tribunals because their decision-makers hold a principled commitment to the rule of law. Kaufman develops an alternative theory-"prudentialism"-which contends that any state (liberal or illiberal) may support bona fide war crimes tribunals. More generally, prudentialism proposes that states pursue transitional justice options, not out of strict adherence to certain principles, but as a result of a case-specific balancing of politics, pragmatics, and normative beliefs. Kaufman tests these two competing theories through the U.S. experience in six contexts: Germany and Japan after World War II, the 1988 bombing of Pan Am flight 103, the 1990-1991 Iraqi offenses against Kuwaitis, the atrocities in the former Yugoslavia in the 1990s, and the 1994 Rwandan genocide. Kaufman demonstrates that political and pragmatic factors featured as or more prominently in U.S. transitional justice policy than did U.S. government officials' normative beliefs. Kaufman thus concludes that, at least for the United States, prudentialism is superior to legalism as an explanatory theory in transitional justice policymaking.
United States Law and Policy on Transitional Justice: Principles, Politics, and Pragmatics
by Zachary D. KaufmanIn United States Law and Policy on Transitional Justice: Principles, Politics, and Pragmatics, Zachary D. Kaufman explores the U.S. government's support for, or opposition to, certain transitional justice institutions. By first presenting an overview of possible responses to atrocities (such as war crimes tribunals) and then analyzing six historical case studies, Kaufman evaluates why and how the United States has pursued particular transitional justice options since World War II. This book challenges the "legalist" paradigm, which postulates that liberal states pursue war crimes tribunals because their decision-makers hold a principled commitment to the rule of law. Kaufman develops an alternative theory-"prudentialism"-which contends that any state (liberal or illiberal) may support bona fide war crimes tribunals. More generally, prudentialism proposes that states pursue transitional justice options, not out of strict adherence to certain principles, but as a result of a case-specific balancing of politics, pragmatics, and normative beliefs. Kaufman tests these two competing theories through the U.S. experience in six contexts: Germany and Japan after World War II, the 1988 bombing of Pan Am flight 103, the 1990-1991 Iraqi offenses against Kuwaitis, the atrocities in the former Yugoslavia in the 1990s, and the 1994 Rwandan genocide. Kaufman demonstrates that political and pragmatic factors featured as or more prominently in U.S. transitional justice policy than did U.S. government officials' normative beliefs. Kaufman thus concludes that, at least for the United States, prudentialism is superior to legalism as an explanatory theory in transitional justice policymaking.
The Harbinger Theory: How the Post-9/11 Emergency Became Permanent and the Case for Reform
by Robert DiabNorth American law has been transformed in ways unimaginable before 9/11. Laws now authorize and courts have condoned indefinite detention without charge based on secret evidence, mass secret surveillance, and targeted killing of US citizens, suggesting a shift in the cultural currency of a liberal form of legality to authoritarian legality. The Harbinger Theory demonstrates that extreme measures have been consistently embraced in politics, scholarship, and public opinion, not in terms of a general fear of the greater threat that terrorism now poses, but a more specific belief that 9/11 was the harbinger of a new order of terror, giving rise to the likelihood of an attack on the same scale as 9/11 or greater in the near future, involving thousands of casualties and possibly weapons of mass destruction. It explains how the harbinger theory shapes debates about rights and security by virtue of rhetorical strategies on the part of political leaders and security experts, and in works of popular culture, in which the theory is often invoked as a self-evident truth, without the need for supporting evidence or authority. It also reveals how liberal advocates tend to be deferential to the theory, aiding its deeper entrenchment through the absence of a prominent public critique of it. In a unique overview of a range of skeptical evidence about the likelihood of mass terror involving WMD or conventional means, this book contends that a potentially more effective basis for reform advocacy is not to dismiss overstated threat claims as implausible or psychologically grounded, but to challenge the harbinger theory directly through the use of contrary evidence.
The Harbinger Theory: How the Post-9/11 Emergency Became Permanent and the Case for Reform
by Robert DiabNorth American law has been transformed in ways unimaginable before 9/11. Laws now authorize and courts have condoned indefinite detention without charge based on secret evidence, mass secret surveillance, and targeted killing of US citizens, suggesting a shift in the cultural currency of a liberal form of legality to authoritarian legality. The Harbinger Theory demonstrates that extreme measures have been consistently embraced in politics, scholarship, and public opinion, not in terms of a general fear of the greater threat that terrorism now poses, but a more specific belief that 9/11 was the harbinger of a new order of terror, giving rise to the likelihood of an attack on the same scale as 9/11 or greater in the near future, involving thousands of casualties and possibly weapons of mass destruction. It explains how the harbinger theory shapes debates about rights and security by virtue of rhetorical strategies on the part of political leaders and security experts, and in works of popular culture, in which the theory is often invoked as a self-evident truth, without the need for supporting evidence or authority. It also reveals how liberal advocates tend to be deferential to the theory, aiding its deeper entrenchment through the absence of a prominent public critique of it. In a unique overview of a range of skeptical evidence about the likelihood of mass terror involving WMD or conventional means, this book contends that a potentially more effective basis for reform advocacy is not to dismiss overstated threat claims as implausible or psychologically grounded, but to challenge the harbinger theory directly through the use of contrary evidence.
Democratic Theory and Mass Incarceration (Studies in Penal Theory and Philosophy)
The United States leads the world in incarceration, and the United Kingdom is persistently one of the European countries with the highest per capita rates of imprisonment. Yet despite its increasing visibility as a social issue, mass incarceration - and its inconsistency with core democratic ideals - rarely surfaces in contemporary Anglo-American political theory. Democratic Theory and Mass Incarceration seeks to overcome this puzzling disconnect by deepening the dialogue between democratic theory and punishment policy. This collection of original essays initiates a multi-disciplinary discussion among philosophers, political theorists, and criminologists regarding ways in which contemporary democratic theory might begin to think beyond mass incarceration. Rather than viewing punishment as a natural reaction to crime and imprisonment as a sensible outgrowth of this reaction, the volume argues that crime and punishment are institutions that reveal unmet demands for public oversight and democratic influence. Chapters explore theoretical paths towards de-carceration and alternatives to prison, suggest ways in which democratic theory can strengthen recent reform movements, and offer creative alternatives to mass incarceration. Democratic Theory and Mass Incarceration offers guideposts for critical thinking about incarceration, examining ways to rebuild crime control institutions and create a healthier, more just society.
INTRO TO MODEL PENAL CODE 2E C
by Markus D. DubberIn this second edition of his well-received introductory overview of the Model Penal Code, Markus Dubber retains the book's original aim to serve as an accessible companion to the Code. Professor Dubber unlocks the Model Penal Code's potential as a key to the study of American criminal law for law students and teachers, and for anyone else with an interest in understanding the basic contours of American criminal law. While the book's general goal and basic approach remain unchanged, its content has been thoroughly revised. Citations to primary and secondary materials have been updated and supplemented where appropriate. The American Law Institute's ongoing revision of the Code's sentencing and sexual offense provisions has been taken into account. Also, the comparative analysis found sporadically throughout the original edition has been expanded in places to provide additional context.
An Introduction to the Model Penal Code
by Markus D. DubberIn this second edition of his well-received introductory overview of the Model Penal Code, Markus Dubber retains the book's original aim to serve as an accessible companion to the Code. Professor Dubber unlocks the Model Penal Code's potential as a key to the study of American criminal law for law students and teachers, and for anyone else with an interest in understanding the basic contours of American criminal law. While the book's general goal and basic approach remain unchanged, its content has been thoroughly revised. Citations to primary and secondary materials have been updated and supplemented where appropriate. The American Law Institute's ongoing revision of the Code's sentencing and sexual offense provisions has been taken into account. Also, the comparative analysis found sporadically throughout the original edition has been expanded in places to provide additional context.
Courts in Conflict: Interpreting the Layers of Justice in Post-Genocide Rwanda
by Nicola PalmerThe rise of international criminal trials has been accompanied by a call for domestic responses to extraordinary violence. Yet there is remarkably limited research on the interactions among local, national, and international transitional justice institutions. Rwanda offers an early example of multi-level courts operating in concert, through the concurrent practice of the United Nations International Criminal Tribunal for Rwanda (ICTR), the national Rwandan courts, and the gacaca community courts. Courts in Conflict makes a crucial and timely contribution to the examination of these pluralist responses to atrocity at a juncture when holistic approaches are rapidly becoming the policy norm. Although Rwanda's post-genocide criminal courts are compatible in law, an interpretive cultural analysis shows how and why they have often conflicted in practice. The author's research is derived from 182 interviews with judges, lawyers, and a group of witnesses and suspects within all three of the post-genocide courts. This rich empirical material shows that the judges and lawyers inside each of the courts offer notably different interpretations of Rwanda's transitional justice processes, illuminating divergent legal cultures that help explain the constraints on the courts' effective cooperation and evidence gathering. The potential for similar competition between domestic and international justice processes is apparent in the current practice of the International Criminal Court (ICC). However, this competition can be mitigated through increased communication among the different sites of justice, fostering legal cultures of complementarity that can more effectively respond to the needs of affected populations.
Hannah Mary Tabbs and the Disembodied Torso: A Tale of Race, Sex, and Violence in America
by Kali Nicole GrossShortly after a dismembered torso was discovered by a pond outside Philadelphia in 1887, investigators homed in on two suspects: Hannah Mary Tabbs, a married, working-class, black woman, and George Wilson, a former neighbor whom Tabbs implicated after her arrest. As details surrounding the shocking case emerged, both the crime and ensuing trial--which spanned several months--were featured in the national press. The trial brought otherwise taboo subjects such as illicit sex, adultery, and domestic violence in the black community to public attention. At the same time, the mixed race of the victim and one of his assailants exacerbated anxieties over the purity of whiteness in the post-Reconstruction era. In Hannah Mary Tabbs and the Disembodied Torso, historian Kali Nicole Gross uses detectives' notes, trial and prison records, local newspapers, and other archival documents to reconstruct this ghastly whodunit crime in all its scandalous detail. In doing so, she gives the crime context by analyzing it against broader evidence of police treatment of black suspects and violence within the black community. A fascinating work of historical recreation, Hannah Mary Tabbs and the Disembodied Torso is sure to captivate anyone interested in true crime, adulterous love triangles gone wrong, and the racially volatile world of post-Reconstruction Philadelphia.
Hannah Mary Tabbs and the Disembodied Torso: A Tale of Race, Sex, and Violence in America
by Kali Nicole GrossShortly after a dismembered torso was discovered by a pond outside Philadelphia in 1887, investigators homed in on two suspects: Hannah Mary Tabbs, a married, working-class, black woman, and George Wilson, a former neighbor whom Tabbs implicated after her arrest. As details surrounding the shocking case emerged, both the crime and ensuing trial--which spanned several months--were featured in the national press. The trial brought otherwise taboo subjects such as illicit sex, adultery, and domestic violence in the black community to public attention. At the same time, the mixed race of the victim and one of his assailants exacerbated anxieties over the purity of whiteness in the post-Reconstruction era. In Hannah Mary Tabbs and the Disembodied Torso, historian Kali Nicole Gross uses detectives' notes, trial and prison records, local newspapers, and other archival documents to reconstruct this ghastly whodunit crime in all its scandalous detail. In doing so, she gives the crime context by analyzing it against broader evidence of police treatment of black suspects and violence within the black community. A fascinating work of historical recreation, Hannah Mary Tabbs and the Disembodied Torso is sure to captivate anyone interested in true crime, adulterous love triangles gone wrong, and the racially volatile world of post-Reconstruction Philadelphia.
CONTRACT AS PROMISE 2E C: A Theory of Contractual Obligation
by Charles FriedContract as Promise is a study of the philosophical foundations of contract law in which Professor Fried effectively answers some of the most common assumptions about contract law and strongly proposes a moral basis for it while defending the classical theory of contract. This book provides two purposes regarding the complex legal institution of the contract. The first is the theoretical purpose to demonstrate how contract law can be traced to and is determined by a small number of basic moral principles. At the theory level the author shows that contract law does have an underlying, and unifying structure. The second is a pedagogic purpose to provide for students the underlying structure of contract law. At this level of doctrinal exposition the author shows that structure can be referred to moral principles. Together the two purposes support each other in an effective and comprehensive study of contract law. This second edition retains the original text, and includes a new Preface. It also includes a substantial new essay entitled Contract as Promise in the Light of Subsequent Scholarship--Especially Law and Economics which serves as a retrospective of the work accomplished in the last thirty years, while responding to present and future work in the field.
Contract as Promise: A Theory of Contractual Obligation
by Charles FriedContract as Promise is a study of the philosophical foundations of contract law in which Professor Fried effectively answers some of the most common assumptions about contract law and strongly proposes a moral basis for it while defending the classical theory of contract. This book provides two purposes regarding the complex legal institution of the contract. The first is the theoretical purpose to demonstrate how contract law can be traced to and is determined by a small number of basic moral principles. At the theory level the author shows that contract law does have an underlying, and unifying structure. The second is a pedagogic purpose to provide for students the underlying structure of contract law. At this level of doctrinal exposition the author shows that structure can be referred to moral principles. Together the two purposes support each other in an effective and comprehensive study of contract law. This second edition retains the original text, and includes a new Preface. It also includes a substantial new essay entitled Contract as Promise in the Light of Subsequent Scholarship--Especially Law and Economics which serves as a retrospective of the work accomplished in the last thirty years, while responding to present and future work in the field.
The Transformation of Human Rights Fact-Finding
by Philip Alston and Sarah KnuckeyFact-finding is at the heart of human rights advocacy, and is often at the center of international controversies about alleged government abuses. In recent years, human rights fact-finding has greatly proliferated and become more sophisticated and complex, while also being subjected to stronger scrutiny from governments. Nevertheless, despite the prominence of fact-finding, it remains strikingly under-studied and under-theorized. Too little has been done to bring forth the assumptions, methodologies, and techniques of this rapidly developing field, or to open human rights fact-finding to critical and constructive scrutiny. The Transformation of Human Rights Fact-Finding offers a multidisciplinary approach to the study of fact-finding with rigorous and critical analysis of the field of practice, while providing a range of accounts of what actually happens. It deepens the study and practice of human rights investigations, and fosters fact-finding as a discretely studied topic, while mapping crucial transformations in the field. The contributions to this book are the result of a major international conference organized by New York University Law School's Center for Human Rights and Global Justice. Engaging the expertise and experience of the editors and contributing authors, it offers a broad approach encompassing contemporary issues and analysis across the human rights spectrum in law, international relations, and critical theory. This book addresses the major areas of human rights fact-finding such as victim and witness issues; fact-finding for advocacy, enforcement, and litigation; the role of interdisciplinary expertise and methodologies; crowd sourcing, social media, and big data; and international guidelines for fact-finding.
The Transformation of Human Rights Fact-Finding
Fact-finding is at the heart of human rights advocacy, and is often at the center of international controversies about alleged government abuses. In recent years, human rights fact-finding has greatly proliferated and become more sophisticated and complex, while also being subjected to stronger scrutiny from governments. Nevertheless, despite the prominence of fact-finding, it remains strikingly under-studied and under-theorized. Too little has been done to bring forth the assumptions, methodologies, and techniques of this rapidly developing field, or to open human rights fact-finding to critical and constructive scrutiny. The Transformation of Human Rights Fact-Finding offers a multidisciplinary approach to the study of fact-finding with rigorous and critical analysis of the field of practice, while providing a range of accounts of what actually happens. It deepens the study and practice of human rights investigations, and fosters fact-finding as a discretely studied topic, while mapping crucial transformations in the field. The contributions to this book are the result of a major international conference organized by New York University Law School's Center for Human Rights and Global Justice. Engaging the expertise and experience of the editors and contributing authors, it offers a broad approach encompassing contemporary issues and analysis across the human rights spectrum in law, international relations, and critical theory. This book addresses the major areas of human rights fact-finding such as victim and witness issues; fact-finding for advocacy, enforcement, and litigation; the role of interdisciplinary expertise and methodologies; crowd sourcing, social media, and big data; and international guidelines for fact-finding.
TRASH TALKS C: Revelations in the Rubbish
by Elizabeth V. SpelmanA lively investigation of the intimate connections we maintain with the things we toss away It's hard to think of trash as anything but a growing menace. Our communities face crises over what to do with the mountains of rubbish we produce, the enormous amount of biological waste generated by humans and animals, and the truckloads of electronic equipment judged to be obsolete. All this effluvia poses widespread problems for human health, the well-being of the planet, and the quality of our lives. But though our notorious habits of disposal have put us well on the way to making the earth inhospitable to life, our relation to rejectamenta includes much more than shedding and tossing. In Trash Talks, philosopher Elizabeth V. Spelman explores the extent to which we rely on trash and waste to make sense of our lives. Examples are rich: We use people's rubbish to gain information about them. We trumpet wastefulness as a means of signaling social status. We take the occupation of handling trash and garbage as revelatory of possible moral or spiritual shortcomings. We are intrigued by or in distress over the idea that evolution is a prodigiously wasteful process and that it is to the dustbin that each of us, and our species, shall ultimately repair. In the heaps of our trash, some see consequences of dissatisfaction, while others find confirmation of a flourishing consumer economy. While we may want to shove debris and detritus out of sight, many of our most impassioned projects involve keeping these objects resolutely in mind. Trash talks, and there is much of which it speaks.
Trash Talks: Revelations in the Rubbish
by Elizabeth V. SpelmanA lively investigation of the intimate connections we maintain with the things we toss away It's hard to think of trash as anything but a growing menace. Our communities face crises over what to do with the mountains of rubbish we produce, the enormous amount of biological waste generated by humans and animals, and the truckloads of electronic equipment judged to be obsolete. All this effluvia poses widespread problems for human health, the well-being of the planet, and the quality of our lives. But though our notorious habits of disposal have put us well on the way to making the earth inhospitable to life, our relation to rejectamenta includes much more than shedding and tossing. In Trash Talks, philosopher Elizabeth V. Spelman explores the extent to which we rely on trash and waste to make sense of our lives. Examples are rich: We use people's rubbish to gain information about them. We trumpet wastefulness as a means of signaling social status. We take the occupation of handling trash and garbage as revelatory of possible moral or spiritual shortcomings. We are intrigued by or in distress over the idea that evolution is a prodigiously wasteful process and that it is to the dustbin that each of us, and our species, shall ultimately repair. In the heaps of our trash, some see consequences of dissatisfaction, while others find confirmation of a flourishing consumer economy. While we may want to shove debris and detritus out of sight, many of our most impassioned projects involve keeping these objects resolutely in mind. Trash talks, and there is much of which it speaks.
Prosecuting Corporations for Genocide
by Michael J. KellyModern corporations are key participants in the new globalized economy. As such, they have been accorded tremendous latitude and granted extensive rights. However, accompanying obligations have not been similarly forthcoming. Chief among them is the obligation not to commit atrocities or human rights abuses in the pursuit of profit. Multinational corporations are increasingly complicit in genocides that occur in the developing world. While they benefit enormously from the crime, they are immune from prosecution at the international level. Prosecuting Corporations for Genocide proposes new legal pathways to ensure such companies are held criminally liable for their conduct by creating a framework for international criminal jurisdiction. If a state or a person commits genocide, they are punished, and international law demands such. Nevertheless, corporate actors have successfully avoided this through an array of legal arguments which Professor Kelly challenges. He demonstrates how international criminal jurisdiction should be extended over corporations for complicity in genocide and makes the case that it should be done promptly.