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Migrant Labour and the Reshaping of Employment Law
The presence of migrant workers has become a central feature of labour markets in highly developed countries. The International Labour Organisation estimates that in 2013 there were 112 million resident migrant workers in the 58 highest-income countries, who made up 16% of the workforce. Non-resident workers have also increasingly become part of the labour available for employment in other states, often on a temporary basis. This work takes a thematic and comparative approach to examine the profound implications of contemporary labour migration for employment law regimes in highly developed countries. In so doing, it aims to promote greater recognition of labour migration-related questions, and of the interests of migrant workers, within employment law scholarship. The work comprises original analyses by leading scholars of migration and employment law at the European Union level, and in Australia, Canada, Germany, Italy, the Netherlands, Spain, the United Kingdom and the United States. The specific position of migrant workers is addressed, for example as regards equality of treatment, or the position in employment law of migrant workers without a right to work. The work also explores the effects of migration levels and patterns upon general employment law – including the law relating to collective bargaining, and remedies against exploitation.
Migrants at Work: Immigration and Vulnerability in Labour Law
There is a highly significant and under-considered intersection and interaction between migration law and labour law. Labour lawyers have tended to regard migration law as generally speaking outside their purview, and migration lawyers have somewhat similarly tended to neglect labour law. The culmination of a collaborative project on 'Migrants at Work' funded by the John Fell Fund, the Society of Legal Scholars, and the Research Centre at St John's College, Oxford, this volume brings together distinguished legal and migration scholars to examine the impact of migration law on labour rights and how the regulation of migration increasingly impacts upon employment and labour relations. Examining and clarifying the interactions between migration, migration law, and labour law, contributors to the volume identify the many ways that migration law, as currently designed, divides the objectives of labour law, privileging concerns about the labour supply and demand over worker-protective concerns. In addition, migration law creates particular forms of status, which affect employment relations, thereby dividing the subjects of labour law. Chapters cover the labour laws of the UK, Australia, Ireland, Israel, Italy, Germany, Sweden, and the US. References are also made to discrete practices in Brazil, France, Greece, New Zealand, Mexico, Poland, and South Africa. These countries all host migrants and have developed systems of migration law reflecting very different trajectories. Some are traditional countries of immigration and settlement migration, while others have traditionally been countries of emigration but now import many workers. There are, nonetheless, common features in their immigration law which have a profound impact on labour law, for instance in their shared contemporary shift to using temporary labour migration programmes. Further chapters examine EU and international law on migration, labour rights, human rights, and human trafficking and smuggling, developing cross-jurisdictional and multi-level perspectives. Written by leading scholars of labour law, migration law, and migration studies, this book provides a diverse and multidisciplinary approach to this field of legal interaction, of interest to academics, policymakers, legal practitioners, trade unions, and migrants' groups alike.
Migration and the European Convention on Human Rights (European Society of International Law)
This edited collection investigates where the European Convention on Human Rights as a living instrument stands on migration and the rights of migrants. This book offers a comprehensive analysis of cases brought by migrants in different stages of migration, covering the right to flee, who is entitled to enter and remain in Europe, and what treatment is owed to them when they come within the jurisdiction of a Council of Europe member state. As such, the book evaluates the case law of the European Convention on Human Rights concerning different categories of migrants including asylum seekers, irregular migrants, those who have migrated through domestic lawful routes, and those who are currently second or third generation migrants in Europe. The broad perspective adopted by the book allows for a systematic analysis of how and to what extent the Convention protects non-refoulement, migrant children, family rights of migrants, status rights of migrants, economic and social rights of migrants, as well as cultural and religious rights of migrants.
Military Necessity and Just War Statecraft: The Principle of National Security Stewardship (War, Conflict and Ethics)
This book analyses the concept of military necessity and just war thinking, and argues that it should be seen as a vital moral principle for leaders. The principle of military necessity is well-understood in the manuals of modern militaries and is recognized in the war convention. It is the idea that battlefield commanders should make every effort to win on a local battlefield, within legal means, and using proportionate and discriminating weapons and tactics. Every legal textbook on war includes military necessity as a foundational principle within the jus in bello (ethics of fighting war) alongside principles of proportionality and distinction, and it is taught in every Western military academy. Even the International Committee of the Red Cross lauds the concept as a cardinal principle of warfare. However, unlike legal scholarship, pick up a book by almost any just war thinker in philosophy, theology, or the social sciences, and the concept is missing altogether. This volume returns military necessity to just war thinking and lays out the argument for doing so. Each contributor taps into one of the many dimensions of military necessity, such as its relationship to jus ad bellum (ethics of going to war) categories (e.g. right intention), its relationship to jus in bello categories, or its application in foreign policy and military doctrine. Case studies in the book point out the practical moral dimensions of military necessity in cases from the targeted killing of terrorists to battlefield decisions that led to the use of the atomic bomb at Hiroshima. This book will be of interest to students of just war theory, military ethics, statecraft and International Relations.
Miller on Contempt of Court
Contempt of court has been aptly described as the Proteus of the legal world, assuming an almost infinite diversity of forms. Its central concern is to protect the administration of justice in criminal and civil cases, but also to protect witnesses from being victimized and courts from being subjected to destructive criticism in the press, or disruptive conduct during their proceedings. Professor Miller's classic work Contempt of Court gives a comprehensive treatment of the issues in this broad subject area including contempt in the face of the court, publication contempt, and civil contempt when orders are breached. This new and updated edition has been written against the backdrop of transformations to the media and mass communication technology. Social media has changed day-to-day life almost beyond recognition, and its potential to prejudice criminal proceedings in particular has quickly become apparent. The High Court and the Court of Appeal are considering with increasing frequency what steps might be appropriate to safeguard criminal trials in this context, these can include injunctions, orders made under the Contempt of Court Act 1981, and severe sanctions when members of the public find themselves in contempt. This edition incorporates the most recent case law in this area. Through pragmatic and reliable analysis, this book provides the reader with an authoritative understanding of all aspects of this vital topic.
Millington and Sutherland Williams on The Proceeds of Crime
Millington and Sutherland Williams on The Proceeds of Crime provides a definitive guide to all aspects of the law concerning the recovery of the proceeds of crime in England and Wales. It provides an easily navigable step-by-step approach that considers how the legislation is geared to ensuring that criminals do not benefit from their crimes financially, as well as detailed coverage of every stage of the confiscation process. This new edition has been fully updated to include all important legislative changes since the publication of the fourth edition. It includes a new chapter on bribery and corruption and covers all significant case law, including discussion on the ongoing inpact of R v Waya. The new edition incorporates in-depth coverage of the relevant legislation, with analysis of the Serious Crime Act 2015 which gives effect to a number of legislative proposals set out in the Serious and Organised Crime Strategy published in October 2013 and, in doing so, expands the powers that the National Crime Agency, the police and other law enforcement agencies have to pursue, disrupt and bring to justice those engaged in organised crime. The new edition contains carefully selected appendices, including extracts from the Proceeds of Crime Act 2002, and draft restraint, receivership and civil recovery orders.
Mining Law and Governance in Africa: Transformation and Innovation for a Sustainable Mining Sector
This book explores the various issues that characterise the African mining sector, drawing examples from different African countries and regional organisations. Although there is a massive literature on the subject, some issues have been neglected, including the crucial role of digitalisation and technological advancement in resolving the environmental and social challenges faced in Artisanal and Small-Scale Mining (ASM), deep-sea mining, mining contract negotiations and modernising mining laws to reflect the increasing role of critical minerals, to mention but a few. Therefore, the book unpacks the critical issues associated with the mining sector, explicitly reflecting on the practical solutions needed to address the challenges in the African mining sector. This book uniquely analyses and adds flavour to international mining’s fundamental concepts by describing a simulated annealing-based approach appropriate for complex mining projects in Africa. Book contributors comprise of academics from different universities including professors, practitioners, government policymakers, NGO executives and a variety of different experts. This multidisciplinary book will be of interest to African policymakers, governments, academics, industry professionals, energy and mining institutions, international organisations, universities across the globe and companies.
Minorities in Europe:Croatia, Estonia and Slovakia
States having minorities on their territory have a duty to undertake all measures aimed at avoiding conflicts which might develop, but they also have a duty to develop norms and guarantee systems which go hand in hand with the current international standards of safeguarding human rights, multiculturalism and pluralism. Minorities in Europe highlights three aspects of minority situations: political/security, internal legal, and economic aspects, in the cases of Croatia, Estonia and Slovakia. These countries achieved independence as a result of the post-Cold War dissolution of their predecessor States. In all three, there is a relatively complex minority situation which is, inter alia, a result of changing State borders. Thereafter, all three have undergone a transformation of their political and economic systems. This volume contributes to pinpointing those minority aspects where the real problems lie and to the means and mechanisms for adequate protection to be afforded to minority groups. But note: the choice of Croatia, Estonia and Slovakia does not undermine the fact that a similar analysis as regards other European countries would equally contribute to pinpointing those minority aspects where problems lie, and to the means and mechanisms for adequate protection to be afforded to minority groups.
Minority Rights in Europe:European Minorities and Languages
The possibility to communicate and to be educated in one’s own language is one of the most crucial aspects of a person’s and a group’s identity. This book deals with minority languages in the Organization for Security and Cooperation in Europe (OSCE) area in a systematic way. It provides information which facilitates discussion in scientific, governmental and non-governmental circles dealing with both human rights protection and security issues and assists in finding solutions to particular situations concerning minority languages. In the first part contributors subject a number of questions concerning the linguistic rights of minorities to scientific scrutiny. The second part deals with activities and developments within major international organizations and the third part provides a survey of relevant national legislation and documents. A valuable source of reference and an indispensable tool in the development of rules and policies which protect the linguistic rights of persons belonging to minorities, this volume contains an extensive collection of both international and national documents and excerpts from documents relating and/or relevant to the linguistic rights of minorities.
Misleading Silence
This collection brings together a team of outstanding scholars from across the common law world to explore the treatment of misleading silence in private law doctrine and theory. Whereas previous studies have been contractual in focus, here the topic is explored from across the full spectrum of private law. Its approach encompasses equitable and common law principles, as well as taking an integrated approach to key statutory regimes. The highly original contributions draw on rich theoretical, historical, comparative, cross-disciplinary and doctrinal perspectives. This is truly a landmark publication in private law, with no counterpart in the common law world.Contributors: Professor Rick Bigwood; Professor Michael Bryan; Professor John Cartwright; Professor Mindy Chen-Wishart; Professor Simone Degeling; Professor Pamela Hanrahan; Professor Luke Harding; Professor Matthew Harding; Professor Catharine MacMillan; Professor Hector MacQueen; Professor Donna Nagy; Justice Andrew Phang; Professor Pauline Ridge; Professor Andrew Robertson; Ms Anna Williams.
Models of Implementation of Article 12 of the Convention on the Rights of Persons with Disabilities (CRPD): Private and Criminal Law Aspects
This book examines the implications of Article 12 of the UN Convention on the Rights of Persons with Disabilities (CRPD), its resulting standard of protection for persons with disabilities and the way it is understood and implemented in its diverse signatory states. Its overarching theme is to assess the impact of CRPD Article 12 on the private law concept of legal capacity and its limitations, the significance of which carries over into the realm of penal law regulations. Its impact is analysed primarily from the legal point of view, but with due regard for its psychological and psychiatric ramifications. Recognising the importance of these disciplines is important when implementing CRPD Article 12 into domestic law, as they contribute to the determinants in creating a qualificatory legal framework for all, persons with disabilities in particular, to exercise their rights to legal capacity without let or hindrance. As active legal capacity is a notion rooted in and coming from private law, this forms the main research perspective. The first section discusses the foundational concepts constituting the CRPD Article 12 standard from domestic private law and international law perspectives. The work shows that the concepts adopted in private law interact with the protection of persons with disabilities as victims provided for in criminal law. In addition, where relevant, authors also look at public law institutions that are connected with the private law solutions. The volume will be an essential reference for academics, researchers and policy-makers working in the areas of private law, criminal law, mental health law, human rights, discrimination law as well as psychology and psychiatry.
Modern Criminal Law: Essays in Honour of GR Sullivan
This book brings together leading scholars from the next generation of UK criminal lawyers to celebrate the work of GR Sullivan, Emeritus Professor at University College London, in the year of his retirement from writing Simester and Sullivan's Criminal Law: Theory and Doctrine. The contributors examine many of the areas in which GR (Bob) Sullivan's own writing has been influential, ranging from general doctrines such as causation and culpability, across specific offences like theft and fraud, through defences including necessity and insanity; before turning, finally, to matters affecting the criminal process, notably challenges to the doctrine of precedent in criminal law. Taken together, the essays are a powerful tribute to Bob's standing and influence upon modern criminal law. At the same time, individually they make sophisticated contributions to our understanding of some pressing issues in contemporary criminal law. The essays illustrate the increasing importance of theoretical argument in modern criminal law, as well as the manner in which doctrinal debates have become interwoven with arguments about criminalisation norms. The resulting collection is thus a tribute also to the character of modern academic criminal law, a character that Bob and the writers of his generation did so much to develop.
Modern Genocide [4 volumes]: The Definitive Resource and Document Collection [4 volumes]
This massive, four-volume work provides students with a close examination of 10 modern genocides enhanced by documents and introductions that provide additional historical and contemporary context for learning about and understanding these tragic events.Modern Genocide: The Definitive Resource and Document Collection spans nearly 1,700 pages presented in four volumes and includes more than 120 primary source documents, making it ideal for high school and beginning college students studying modern genocide as part of a larger world history curriculum. The coverage for each modern genocide, from Herero to Darfur, begins with an introductory essay that helps students conceptualize the conflict within an international context and enables them to better understand the complex role genocide has played in the modern world. There are hundreds of entries on atrocities, organizations, individuals, and other aspects of genocide, each written to serve as a springboard to meaningful discussion and further research.The coverage of each genocide includes an introductory overview, an explanation of the causes, consequences, perpetrators, victims, and bystanders; the international reaction; a timeline of events; an Analyze section that poses tough questions for readers to consider and provides scholarly, pro-and-con responses to these historical conundrums; and reference entries. This integrated examination of genocides occurring in the modern era not only presents an unprecedented research tool on the subject but also challenges the readers to go back and examine other events historically and, consequently, consider important questions about human society in the present and the future.
Modern Studies in Property Law, Volume 11 (Modern Studies in Property Law)
What are the contemporary challenges faced by property law as we enter the 2nd decade of the 21st century?This collection brings together the research and perspectives of an international body of academics and practitioners to consider these challenges and how even familiar topics must develop to meet new demands and developments. As with previous books in the Modern Studies in Property Law series, this volume adopts a broad approach to topics encompassed by 'property law' in the firm belief that the boundaries that divide are shadowy at best and constantly moving in the endeavour to keep up with what is 'modern'.This collection looks at 5 themes:- Comparative perspectives, including a chapter on grazing and cropping rights in Northern Ireland, and analysis of the anomalies of the English trust law as seen from a civil law perspective;- Taking and alienating property, including a chapter on bankruptcy and the family home;- Modern dilemmas, including chapters on trusts in virtual currency and on smart homes;- Old chestnuts – new challenges, including analysis of the mortgage law reform in Scotland and a chapter on the ouster principle in common law jurisdictions; and- Wills, death and other morbid topics, with chapters on English succession law and the role of knowledge and approval in retrospective assessments of capacity.Unfortunately, the COVID-19 pandemic prevented the 13th biennial conference being held in 2020 as planned but despite this, the authors and co-editors persevered to produce this interesting and diverse collection.
Modern Studies in Property Law, Volume 12 (Modern Studies in Property Law)
This edited collection of papers comes from the well-established Modern Studies in Property Law biennial conference. It examines a diverse range of topics in property law and uses a wide range of methodological approaches to reflect on a variety of current and emerging themes and important issues that have been overlooked, offering new analysis and insights that will be valuable for property lawyers, academics, and students.It considers new developments in property law, including those connected with digital assets and the issues that have arisen from co-housing. The contributors are leading academics and practitioners from several common law jurisdictions, which expands the book's focus and enhances its value to the reader.
Money in the Western Legal Tradition: Middle Ages to Bretton Woods
Monetary law is essential to the functioning of private transactions and international dealings by the state: nearly every legal transaction has a monetary aspect. Money in the Western Legal Tradition presents the first comprehensive analysis of Western monetary law, covering the civil law and Anglo-American common law legal systems from the High Middle Ages up to the middle of the 20th century. Weaving a detailed tapestry of the changing concepts of money and private transactions throughout the ages, the contributors investigate the special contribution made by legal scholars and practitioners to our understanding of money and the laws that govern it. Divided in five parts, the book begins with the coin currency of the Middle Ages, moving through the invention of nominalism in the early modern period to cashless payment and the rise of the banking system and paper money, then charting the progression to fiat money in the modern era. Each part commences with an overview of the monetary environment for the historical period written by an economic historian or numismatist. These are followed by chapters describing the legal doctrines of each period in civil and common law. Each section contains examples of contemporary litigation or statute law which engages with the distinctive issues affecting the monetary law of the period. This interdisciplinary approach reveals the distinctive conception of money prevalent in each period, which either facilitated or hampered the implementation of economic policy and the operation of private transactions.
Money Law, Capital, and the Changing Identity of the European Union
This book addresses 3 questions: is money a way to create a European Union identity? If so, which type of identity is this? And in what ways is the EU identity changing? The book brings together experts from a variety of backgrounds and academic approaches to analyse the law of money and payments on the one side, and the law of capital and investments on the other.The book is divided into 2 parts. Part I covers scriptural, electronic, and digital money. It analyses the European framework for payment services users, explores limits and challenges of the Banking Union, and looks at the project for a digital euro. Part II investigates the policy and regulatory drivers of the EU's changing identity, from the early modern roots of the European law of money and capital to the regulatory strategy set in the Capital Markets Union and the role conferred on venture capital; from the fintech-based developments of payment systems to the newly-established fiscal and monetary policies in the post-COVID phase. The book will be of interest to researchers, academics and policy makers in the fields of law and regulation, as well as political economy and political sciences.
Money Market Funds in the EU and the US: Regulation and Practice
This book provides the first comprehensive examination of the regulation of the money market fund sector. In consideration of the current regulatory uncertainties in the sector, this book provides practical help to legal and market practitioners by setting out regulations governing money market funds in the EU and in the US. Providing a comparative approach, analyzing the regulatory environment in the EU and in the US, the book outlines what is required to determine portfolio management and regulatory compliance issues. In doing so, it determines whether a particular analytical approach is sufficiently credible vis-a-vis comparative benchmarks, which is increasingly pivotal in the contemporary setting of the global financial market. Contributing authors offer their interpretations of legal rules and relevant guidelines as well as commentaries, checklists, and practice examples. Divided into three parts; parts one and two cover money market fund development and regulation in the EU and in the US, respectively. Part three provides a comparative analysis of US and EU regulatory models, money market fund ratings, money market funds outside the US and EU and systemic risk regulation. Given the current issues surrounding money market fund regulation, this book is a vital and timely resource offering a comprehensive comparative analysis and rigorous account of money market funds on both sides of the Atlantic.
Monitoring Border Violence in the EU: Frontex in Focus (Routledge Studies in Liberty and Security)
This book examines EU external border violence and the role of Frontex, and how it can be made legally and politically accountable for these incidents. The volume sets out what the international standards are for monitoring border violence and how monitors’ independence must be guaranteed and where these standards come from. The book provides realistic options to resolve the crisis by focusing on how effective and independent border monitoring can ensure better human rights compliance at EU external borders. At the centre of the book is the question: how can we achieve effective monitoring of border police, including Frontex, by competent and independent state authorities which have as a mission human rights implementation? The goal of the book is to examine how states can prevent and investigate allegations of such violence and diminish the apparent impunity of those border police who engage in it. This book will be of interest to students of EU policy, law, migration and refugee studies and International Relations.
The Montreal Convention: A Commentary (Elgar Commentaries in Commercial Law series)
This unparalleled reference work on airline liability is written and edited by internationally revered experts and presents a comprehensive, article-by-article analysis of the Montreal Convention 1999 (MC99).Adopting a comparative, doctrinal approach, the Commentary outlines the origins of the MC99 and its evolution, before drawing particular focus to air passenger and cargo practices and liability, issues of multimodal carriage, and the development of new technologies. Offering a forward-thinking perspective, chapters also bring to light key scholarly debates concerning the potential revisions to the MC99 and highlight the likely need for reform.Key Features:Provides a contextual and comparative approachThe most thorough contemporary treatment of the MC99Examines the contemporary judicial trends in interpreting the MC99Written by 36 leading aviation lawyers and eminent academics from across the globeDetailed article-by-article analysis of the MC99, surveying its meaning and applicationContributing to a deeper understanding of the MC99 and its practical implications, this authoritative Commentary is a fundamental resource for aviation lawyers in private practice and in-house, as well as industry professionals. It will also be a reference source for scholars of aviation and transport law.
Moral Challenges in a Pandemic Age (Routledge Research in Applied Ethics)
The COVID-19 pandemic, whose consequences will be felt in the long term, can be interpreted as a signal that we have been living in a pandemic age. A pandemic is humanity's common ground, so the moral problems inherent in it are of interest to everyone from now on. It brought a set of moral challenges that cannot be ignored. This book – which emerged amid the novel coronavirus crisis – is designed to fill the gap in the current literature on the topic, offering an original approach to its moral implications. It can be taken as a guide in the face of these pandemic-age challenges for human relations. The pandemic is a multifaceted phenomenon, and its debate involves a wide variety of practical philosophical concerns. All the chapters of this book, divided into four sections, aim to clarify its central aspects, while each chapter provides an original approach to the debate’s leading issues and relies on each most significant collaborator’s expertise. Also, they reflect their unique pandemic experiences under the scrutiny of philosophical unrest. Since the pandemic is an ongoing event, Moral Challenges in a Pandemic Age will be of interest to professors, students, and researchers engaged in understanding the ethical dimension of the age we are experiencing. The problems addressed in this collection transcend the boundaries of the philosophical field, offering an innovative approach to individuals keen on discussing the pandemic from a moral point of view. Such a discussion encompasses the philosophical inquiry but is not restricted to it. Those interested in related areas such as psychology, sociology, biology, public health, education, anthropology, and cultural studies – to name a few – will find connections with parallel themes in this book. In addition, the collection brings a theoretically supported approach to several related debates in a language accessible to anyone who wants to know more about the topic.
The Moral Complexities of Eating Meat
A new collection offering provocative and often counterintuitive conclusions on the ethics of meat eating In a world of industralized farming and feed lots, is eating meat ever a morally responsible choice? Is eating organic or free range sufficient to change the moral equation? Is there a moral cost in not eating meat? As billions of animals continue to be raised and killed by human beings for human consumption, affecting the significance and urgency in answering these questions grow. This volume collects twelve new essays by leading moral philosophers who address the difficult questions surrounding meat eating by examining various implications and consequences of our food choices. Some argue for the moral permissibility of eating meat by suggesting views such as farm animals would not exist and flourish otherwise, and the painless death that awaits is no loss to them. Others consider more specific examples like whether buying french fries at McDonalds is just as problematic as ordering a Big Mac due to the action's indirect support of a major purveyor of meat. The Moral Complexities of Eating Meat is a stimulating contribution to the ongoing debate on meat consumption and actively challenges readers to reevlaute their stand on food and animal ethics.
Moral Fictionalism and Religious Fictionalism
Atheism is a familiar kind of skepticism about religion. Moral error theory is an analogous kind of skepticism about morality, though less well known outside academic circles. Both kinds of skeptic face a “what next?” question: If we have decided that the subject matter (religion/morality) is mistaken, then what should we do with this way of talking and thinking? The natural assumption is that we should abolish the mistaken topic, just as we previously eliminated talk of, say, bodily humors and unicorns. The fictionalist, however, offers a less obvious recommendation. According to the fictionalist, engaging in the topic in question provides pragmatic benefits that do not depend on its truth-in a way roughly analogous to engaging with a novel or a movie. The religious fictionalist maintains that even if we were atheists, we should carry on talking, thinking, and acting as if religion were true. The moral fictionalist maintains a similar view regarding moral talk, thought, and action. Both forms of fictionalism face serious challenges. Some challenges can be levelled at either form of fictionalism (or at any form of fictionalism), whereas others are problems unique to moral fictionalism or to religious fictionalism. There are important questions to be asked about the relationship between these two kinds of fictionalism. Could moral fictionalism be plausible even if religious fictionalism is not (or vice versa)? This is a volume of thirteen previously unpublished papers on the topics of religious fictionalism, moral fictionalism, and the relation between these views.
Moral Injury and the Humanities: Interdisciplinary Perspectives (Routledge Studies in Ethics and Moral Theory)
This book brings together leading interdisciplinary scholars to broaden and deepen the conversation about moral injury. In the original chapters, the contributors present new research to show how the humanities are crucial for understanding the expressions, meaning, and significance of moral injury. Moral injury is the disorientation we suffer when we are complicit in some moral transgression. Most existing works address moral injury from a clinical or neuroscientific perspective. The chapters in this volume show how the humanities are crucial for understanding the meaning and significance of moral injury as well as suggesting how to grapple with its lived challenges. The chapters address the conceptual, sociological, historical, and ritualistic dimensions of moral injury across three thematic sections. Section 1 explores how tools of the humanities provide new lenses for understanding conceptual and genealogical themes about moral injury. Section 2 highlights the experiences of moral injury in combat soldiers, law enforcement, and noncombatants such as photojournalists. These chapters examine the power and limits to theorizing moral phenomena by appeals to lived experience. Section 3 considers how humanistic inquiry illuminates important dimensions of the aftermath of moral injury beyond the scope of clinical research. These chapters consider how ritual, relationship repair, and atonement might shape the ways people navigate moral injury and consider how such responses shape our understanding of what we owe to one another. Moral Injury and the Humanities: Interdisciplinary Perspectives is an essential resource for researchers and advanced students in philosophy, religious studies, literature, journalism, and the arts who are interested in moral injury.
Moral Psychology and Human Agency: Philosophical Essays on the Science of Ethics
These ten original essays examine the moral and philosophical implications of developments in the science of ethics, the growing movement that seeks to use recent empirical findings to answer long-standing ethical questions. Efforts to make moral psychology a thoroughly empirical discipline have divided philosophers along methodological fault lines, isolating discussions that will profit more from intellectual exchange. This volume takes an even-handed approach, including essays from advocates of empirical ethics as well as those who are sceptical of some of its central claims. Some of these essays make novel use of empirical findings to develop philosophical research programs regarding such crucial moral phenomena as desire, emotion, and memory. Others bring new critical scrutiny to bear on some of the most influential proposals of the empirical ethics movement, including the claim that evolution undermines moral realism, the effort to recruit a dual-process model of the mind to support consequentialism against other moral theories, and the claim that ordinary evaluative judgments are seldom if ever sensitive to reasons, because moral reasoning is merely the post hoc rationalization of unthinking emotional response.