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Designing Democracy: Ideas for Better Rules
by Hans A. GersbachWhile liberal democracies are the best systems of self-governance for societies, they rarely invoke great enthusiasm. On the one hand, democracies have been known to fail in achieving efficient or fair allocations. On the other hand, many citizens take the democratic system for granted as they have yet to experience an alternative. In this book the vision we propose is that the potential of democ racies has not yet been exhausted, and that optimal democracies are both the Utopia for societies and the aim that scientists should be committed to. We present a number of ideas for drawing up new rules to im prove the functioning of democracies. The book falls into two parts. The first part examines ways of combining incentive contracts with democratic elections. We suggest that a judicious combina tion of these two elements as a dual mechanism can alleviate a wide range of political failures, while at the same time adhering to the founding principles of democracies. The second part presents new rules for decision-making and agenda setting. Together with modern communication devices, these rules can sometimes transcend the limitations of liberal VI Preface democracies in achieving desirable outcomes. Examples of such rules include the flexible majority rule where the size of the ma jority required depends on the proposal, or the rule that only those belonging to the winning majority can be taxed.
Designing Democracy: What Constitutions Do
by Cass R. Sunstein"In modern nations, political disagreement is the source of both the gravest danger and the greatest security," writes Cass Sunstein. All democracies face intense political conflict. But is this conflict necessarily something to fear? In this provocative book, one of our leading political and legal theorists reveals how a nation's divisions of conviction and belief can be used to safeguard democracy. Confronting one explosive political issue after another, from presidential impeachment to the limits of religious liberty, from discrimination against women and gays to the role of the judiciary, Sunstein constructs a powerful new perspective from which to show how democracies negotiate their most divisive real-world problems. He focuses on a series of concrete concerns that go to the heart of the relationship between the idea of democracy and the idea of constitutionalism. Illustrating his discussion with examples from constitutional debates and court-cases in South Africa, Eastern Europe, Israel, America, and elsewhere, Sunstein takes readers through a number of highly charged questions: When should government be permitted to control discriminatory behavior by or within religious organizations? Does it make sense to govern on the basis of popular referenda? Can the right to have an abortion be defended? Can we defend Internet regulation? Should the law step in if children are being schooled in discriminatory preferences and beliefs? Should a constitution protect rights to food, shelter, and health care? Disputes over questions such as these can be fierce enough to pose a grave threat. But in a paradox whose elaboration forms the core of Sunstein's book, it is a nation's apparently threatening diversity of opinion that can ensure its integrity. Extending his important recent work on the way deliberation within like-minded groups can produce extremism, Sunstein breaks new ground in identifying the mechanisms behind political conflict in democratic nations. At the same time, he develops a profound understanding of a constitutional democracy's system of checks and balances. Sunstein shows how a good constitution, fostering a "republic of reasons," enables people of opposing ethical and religious commitments to reach agreement where agreement is necessary, while making it unnecessary to reach agreement when agreement is impossible. A marvel of lucid, subtle reasoning, DESIGNING DEMOCRACY makes invaluable reading for anyone concerned with the promises and pitfalls of the democratic experiment.
Designing Effective Legislation
by Maria MousmoutiWhat is effective legislation? Can lawmakers around the world improve the effectiveness of their laws? And if yes, how? Designing Effective Legislation analyses legislative effectiveness in theory and practice and concludes that effective laws can be engineered through the use of particular design and drafting techniques. Employing a clear and logical structure, the author demonstrates that four elements, that exist in every law, are paramount to effectiveness: purpose, content, context and results. A clear purpose sets a benchmark for what a law aims to achieve; well designed and communicated content ensures that the law has the mechanics required to achieve the desired results; laws that integrate harmoniously the legal system ensure coherence and the lack of contradiction; and results determine what has been achieved and whether this corresponds to initial intentions. By examining these four elements in unity and addressing the particular challenges involved in their design and drafting, lawmakers can secure the basic foundations of an effective law. Providing an in in-depth analysis of the concept of legislative effectiveness this book will be relevant to academics and researchers working in the fields of legislative studies, theory of law, regulation and the sociology of law but also to legal practitioners, policy makers and legislative drafters involved in the design or reform of legislation worldwide.
Designing Flexible Cash Flows
by Scott FawcettWhether calculating a net present value, assessing an internal rate of return, or considering the impact of debt on a transaction when analysing investments in property it is very hard to get away from the need for cashflows. These cashflows range from the very simple to the extremely complex and can take anything from minutes to days to produce. Of course, valuation software exists that will produce these for you - but sometimes there are situations where you can't avoid having to do the job yourself!
Designing Flexible Cash Flows
by Scott FawcettWhether calculating a net present value, assessing an internal rate of return, or considering the impact of debt on a transaction when analysing investments in property it is very hard to get away from the need for cashflows. These cashflows range from the very simple to the extremely complex and can take anything from minutes to days to produce. Of course, valuation software exists that will produce these for you - but sometimes there are situations where you can't avoid having to do the job yourself!
Designing for Privacy and its Legal Framework
by Aurelia Tamò-LarrieuxThis book discusses the implementation of privacy by design in Europe, a principle that has been codified within the European Data Protection Regulation (GDPR). While privacy by design inspires hope for future privacy-sensitive designs, it also introduces the need for a common understanding of the legal and technical concepts of privacy and data protection. By pursuing an interdisciplinary approach and comparing the problem definitions and objectives of both disciplines, this book bridges the gap between the legal and technical fields in order to enhance the regulatory and academic discourse. The research presented reveals the scope of legal principles and technical tools for privacy protection, and shows that the concept of privacy by design goes beyond the principle of the GDPR. The book presents an analysis of how current regulations delegate the implementation of technical privacy and data protection measures to developers and describes how policy design must evolve in order to implement privacy by design and default principles.
Designing Online Courts: The Future of Justice Is Open to All
by Zbynek LoeblThe newest phenomenon in the field of online dispute resolution (ODR) is the emergence of online courts. Holding great promise for end-users of the justice system, online courts can expand access to remedies, improve efficiency and lead to greater fairness and even cost savings. Nonetheless, there is a danger that the rush to digitization will compromise due process or the need for careful re-design of judicial procedures. This book, focusing on ethical issues and key implementation topics, is the first to provide a comprehensive template for how online courts should be designed. The author is well-known for his contributions to the development of the ODR movement. In this book he describes and analyzes features of online courts such as the following: how to use technologies such as predictive analytics and artificial intelligence (AI) for judicial tasks; how to approach the potential for international standardization; how to plan for cooperation rather than competition with private ODR platforms; and how to avoid the mistakes of the earliest online courts. Throughout, the author stresses the need for developing open ODR standards, schemes and specifications for open-source software. With its detailed first-hand information about which online courts have succeeded and why, and its authoritative predictions regarding future trends, this book will serve as the go-to information and education source for judges and administrators, as well as for lawyers, public officials and platform designers worldwide.
Designing Our Descendants: The Promises and Perils of Genetic Modifications
by Audrey R. Chapman Mark S. FrankelThe Human Genome Project, discoveries in molecular biology, and new reproductive technologies have advanced our understanding of how genetic science may be used to treat persons with genetic disorders. Greater knowledge may also make possible genetic interventions to "enhance" normal human characteristics, such as height, hair or eye color, strength, or memory, as well as the transmittal of such modifications to future generations. The prospect of inheritable genetic modifications, or IGMs, whether for therapeutic or enhancement purposes, raises complex scientific, ethical, and regulatory issues. Designing Our Descendants presents twenty essays by physicians, scientists, philosophers, theologians, lawyers, and policy analysts addressing these issues from diverse perspectives. In three sections, the authors discuss the short- and long-term scientific feasibility of IGM technology; ethical and religious issues related to safety, justice, morality, reproductive rights, and enhancement; and regulatory issues including the necessity of public input and oversight and the influence of commercialization. Their goal is to open a dialogue engaging not only scholars and scientists but also government officials and concerned citizens. The authors conclude that while IGM cannot be carried out safely and responsibly on humans utilizing current methods, it is important to begin public discussion now to determine whether, and if so how, to proceed.
Designing Teaching Strategies: An Applied Behavior Analysis Systems Approach (ISSN)
by R. Douglas GreerThe US Dept. of Education, in conjunction with the US Dept. of Health and Human Services, recently unveiled a $50 million effort to expand research on early childhood cognitive development. A key issue identified requiring more information and research was the education and professional development of educators. Along these lines, Doug Greer has prepared a book discussing how best to teach, how to design functional curricula, and how to support teachers in using state-of-the-art science instruction materials. The book provides important information both to trainers of future teachers, current teachers, and to supervisors and policy makers in education. To trainers there is information on how to motivate, mentor, and instruct in-service teachers to use the best scientifically based teaching strategies and tactics. To in-service teachers, there is information on how to provide individualized instruction in classrooms with multiple learning and behavior problems, school interventions to help prevent vandalism and truancy, and how curricula and instruction can be designed to teach functional repetoirs rather than inert ideas. To policy makers and supervisors, the book discusses how to determine the effectiveness of curricular innitiatives toward meeting mandated standards in national assessments.Doug Greer was recently awarded the Fred S. Keller Award for Distinguished Contributions to Education by APA for the research and application of the material covered in this book. School programs incorporating the material used in this book have produced 4-7 times more learning outcomes for students than control and baseline educational programs (see www.cabas.com)The book provides research-based and field-tested procedures for:* Teaching students of all ability levels ranging from preschool to secondary school* How to teach special education students in the context of a regular classroom* Best practices for all teachers to teach more effectively* Means of monitoring and motivating teachers' practices* A comprehensive and system-wide science of teaching—post modern-postmodern!* Tested procedures that result in four to seven times more learning for allstudents* Tested procedures for supervisors to use with teachers that result insignificant student learning* Tested procedures for providing the highest accountability* A systems approach for schooling problems that provide solutions ratherthan blame* Parent approved and parent requested educational practices* Means for psychologists to work with teachers and students to solvebehavior and learning problems* A comprehensive systems science of schooling* An advanced and sophisticated science of pedagogy and curriculum design* Students who are not being served with traditional education can meet orexceed the performance of their more fortunate peers,* Supervisors can mentor teachers and therapists to provide state of thescience instruction* Parent education can create a professional setting for parents, educators,and therapists to work together in the best interests of the student,* Teachers and supervisors who measure as they teach produce significantlybetter outcomes for students,* Systemic solutions to instructional and behavioral problems involvingteachers, parents, supervisors provide means to pursue problems to theirsolution,* A science of teaching, as opposed to an art of teaching, can provide aneducational system that treats the students and the parents as the clients.
Designing the Purposeful World: The Sustainable Development Goals as a Blueprint for Humanity
by Clive WilsonIn September 2015, at the United Nations, world leaders agreed on seventeen Sustainable Development Goals or SDGs. This book extrapolates the SDGs into the idea of a purposeful world. In this context, the purpose for humanity is to thrive sustainably alongside other life forms and to consciously celebrate the process. The SDGs serve as a powerful vision, time-stamped at the 2030 time horizon, not just for world leaders but for us all. However, faced with the challenges of implementing the SDGs, we (including business leaders, government leaders and anyone wishing to make a difference) can feel overwhelmed. Wilson takes the reader on a journey of thought and invites them to work out their personal role in sustainability as well as their collaborative role alongside others in their communities and organisations. Written in a very accessible style, the book celebrates some of the many achievements made by ordinary people as a catalyst for hope, sets out a number of achievable goals and provides exercises to enable the reader to adopt practices that help to make a difference. It is the perfect book to help turn the SDGs into action at every level – governmental, organisational and personal.
Designing the Purposeful World: The Sustainable Development Goals as a Blueprint for Humanity
by Clive WilsonIn September 2015, at the United Nations, world leaders agreed on seventeen Sustainable Development Goals or SDGs. This book extrapolates the SDGs into the idea of a purposeful world. In this context, the purpose for humanity is to thrive sustainably alongside other life forms and to consciously celebrate the process. The SDGs serve as a powerful vision, time-stamped at the 2030 time horizon, not just for world leaders but for us all. However, faced with the challenges of implementing the SDGs, we (including business leaders, government leaders and anyone wishing to make a difference) can feel overwhelmed. Wilson takes the reader on a journey of thought and invites them to work out their personal role in sustainability as well as their collaborative role alongside others in their communities and organisations. Written in a very accessible style, the book celebrates some of the many achievements made by ordinary people as a catalyst for hope, sets out a number of achievable goals and provides exercises to enable the reader to adopt practices that help to make a difference. It is the perfect book to help turn the SDGs into action at every level – governmental, organisational and personal.
Desire and Human Flourishing: Perspectives from Positive Psychology, Moral Education and Virtue Ethics (Positive Education)
by Magdalena BoschThis book discusses the concept of desire as a positive factor in human growth and flourishing. All human decision-making is preceded by some kind of desire, and we act upon desires by either rejecting or following them. It argues that our views on and expressions of desire in various facets of life and through time have differed according to how human beings are taught to desire. Therefore, the concept has tremendous potential to affect human beings positively and to enable personal growth. Though excellent research has been done on the concepts of flourishing, character education and positive psychology, no other work has linked the concept of desire to all of these topics. Featuring key references, explanations of central concepts, and significant practical applications of desire to various fields of human thought and action, the book will be of interest to students and researchers in the fields of positive psychology, positive education, moral philosophy, and virtue ethics.
Desiring the Good: Ancient Proposals and Contemporary Theory
by Katja Maria VogtDesiring the Good defends a novel and distinctive approach in ethics that is inspired by ancient philosophy. Ethics, according to this approach, starts from one question and its most immediate answer: "what is the good for human beings?"--"a well-going human life." Ethics thus conceived is broader than moral philosophy. It includes a range of topics in psychology and metaphysics. Plato's Philebus is the ancestor of this approach. Its first premise, defended in Book I of Aristotle's Nicomachean Ethics, is that the final agential good is the good human life. Though Aristotle introduces this premise while analyzing human activities, it is absent from approaches in the theory of action that self-identify as Aristotelian. This absence, Vogt argues, is a deep and far-reaching mistake, one that can be traced back to Elizabeth Anscombe's influential proposals. And yet, the book is Anscombian in spirit. It engages with ancient texts in order to contribute to philosophy today, and it takes questions about the human mind to be prior to, and relevant to, substantive normative matters. In this spirit, Desiring the Good puts forward a new version of the Guise of the Good, namely that desire to have one's life go well shapes and sustains mid- and small-scale motivations. A theory of good human lives, it is argued, must make room for a plurality of good lives. Along these lines, the book lays out a non-relativist version of Protagoras's Measure Doctrine and defends a new kind of realism about good human lives.
Desiring the Good: Ancient Proposals and Contemporary Theory
by Katja Maria VogtDesiring the Good defends a novel and distinctive approach in ethics that is inspired by ancient philosophy. Ethics, according to this approach, starts from one question and its most immediate answer: "what is the good for human beings?"--"a well-going human life." Ethics thus conceived is broader than moral philosophy. It includes a range of topics in psychology and metaphysics. Plato's Philebus is the ancestor of this approach. Its first premise, defended in Book I of Aristotle's Nicomachean Ethics, is that the final agential good is the good human life. Though Aristotle introduces this premise while analyzing human activities, it is absent from approaches in the theory of action that self-identify as Aristotelian. This absence, Vogt argues, is a deep and far-reaching mistake, one that can be traced back to Elizabeth Anscombe's influential proposals. And yet, the book is Anscombian in spirit. It engages with ancient texts in order to contribute to philosophy today, and it takes questions about the human mind to be prior to, and relevant to, substantive normative matters. In this spirit, Desiring the Good puts forward a new version of the Guise of the Good, namely that desire to have one's life go well shapes and sustains mid- and small-scale motivations. A theory of good human lives, it is argued, must make room for a plurality of good lives. Along these lines, the book lays out a non-relativist version of Protagoras's Measure Doctrine and defends a new kind of realism about good human lives.
Desistance and Children: Critical Reflections from Theory, Research and Practice
by Colin Falconer John Wainwright Julie Shaw Martin Stephenson Claire Fitzpatrick Neal Hazel Stephen Case Samantha Burns Jo Staines Kathy Hampson Gilly Sharpe Steve Carr Kirstine Szifris Diana Johns Kevin R Haines Ross Little Katie Hunter Tim Rosier Sean Creaney Andrew Brierley Anne-Marie Douglas Roberta Evans Neema Trivedi-BatemanAvailable open access digitally under CC BY-NC-ND licence. ‘Desistance’ - understanding how people move away from offending – has become a significant policy focus in recent years, with desistance thinking transplanted from the adult to the youth justice system in England and Wales. This book is the first to critique this approach to justice-involved children, many of whom are yet to fully develop an identity (criminal or otherwise) from which to ‘desist’. Featuring voices from academia, policy and practice, this book explores practical approaches to desistance with children in the ‘Child First’ context. It gives new insights into how children can be supported to move away from offending and proposes reforms to make a meaningful difference to children’s lives.
Desistance and Children: Critical Reflections from Theory, Research and Practice
by Colin Falconer John Wainwright Julie Shaw Martin Stephenson Claire Fitzpatrick Neal Hazel Stephen Case Samantha Burns Jo Staines Kathy Hampson Gilly Sharpe Steve Carr Kirstine Szifris Diana Johns Kevin R Haines Ross Little Katie Hunter Tim Rosier Sean Creaney Andrew Brierley Anne-Marie Douglas Roberta Evans Neema Trivedi-BatemanAvailable open access digitally under CC BY-NC-ND licence. ‘Desistance’ - understanding how people move away from offending – has become a significant policy focus in recent years, with desistance thinking transplanted from the adult to the youth justice system in England and Wales. This book is the first to critique this approach to justice-involved children, many of whom are yet to fully develop an identity (criminal or otherwise) from which to ‘desist’. Featuring voices from academia, policy and practice, this book explores practical approaches to desistance with children in the ‘Child First’ context. It gives new insights into how children can be supported to move away from offending and proposes reforms to make a meaningful difference to children’s lives.
Desperate Cargo
by Don PendletonInfiltrating a Dutch human trafficking organization turns deadly when two undercover agents are tortured and shot. Protected by a complex infrastructure and ruthless lawyers, the businessmen behind the crime are untouchable under international law. But Mack Bolan isn't about to play by their rules.
Desperately Seeking Certainty: The Misguided Quest for Constitutional Foundations
by Daniel A. Farber Suzanna SherryIrreverent, provocative, and engaging, Desperately Seeking Certainty attacks the current legal vogue for grand unified theories of constitutional interpretation. On both the Right and the Left, prominent legal scholars are attempting to build all of constitutional law from a single foundational idea. Dan Farber and Suzanna Sherry find that in the end no single, all-encompassing theory can successfully guide judges or provide definitive or even sensible answers to every constitutional question. Their book brilliantly reveals how problematic foundationalism is and shows how the pragmatic, multifaceted common law methods already used by the Court provide a far better means of reaching sound decisions and controlling judicial discretion than do any of the grand theories.
Desperately Seeking Certainty: The Misguided Quest for Constitutional Foundations
by Daniel A. Farber Suzanna SherryIrreverent, provocative, and engaging, Desperately Seeking Certainty attacks the current legal vogue for grand unified theories of constitutional interpretation. On both the Right and the Left, prominent legal scholars are attempting to build all of constitutional law from a single foundational idea. Dan Farber and Suzanna Sherry find that in the end no single, all-encompassing theory can successfully guide judges or provide definitive or even sensible answers to every constitutional question. Their book brilliantly reveals how problematic foundationalism is and shows how the pragmatic, multifaceted common law methods already used by the Court provide a far better means of reaching sound decisions and controlling judicial discretion than do any of the grand theories.
Desperately Seeking Certainty: The Misguided Quest for Constitutional Foundations
by Daniel A. Farber Suzanna SherryIrreverent, provocative, and engaging, Desperately Seeking Certainty attacks the current legal vogue for grand unified theories of constitutional interpretation. On both the Right and the Left, prominent legal scholars are attempting to build all of constitutional law from a single foundational idea. Dan Farber and Suzanna Sherry find that in the end no single, all-encompassing theory can successfully guide judges or provide definitive or even sensible answers to every constitutional question. Their book brilliantly reveals how problematic foundationalism is and shows how the pragmatic, multifaceted common law methods already used by the Court provide a far better means of reaching sound decisions and controlling judicial discretion than do any of the grand theories.
Desperately Seeking Certainty: The Misguided Quest for Constitutional Foundations
by Daniel A. Farber Suzanna SherryIrreverent, provocative, and engaging, Desperately Seeking Certainty attacks the current legal vogue for grand unified theories of constitutional interpretation. On both the Right and the Left, prominent legal scholars are attempting to build all of constitutional law from a single foundational idea. Dan Farber and Suzanna Sherry find that in the end no single, all-encompassing theory can successfully guide judges or provide definitive or even sensible answers to every constitutional question. Their book brilliantly reveals how problematic foundationalism is and shows how the pragmatic, multifaceted common law methods already used by the Court provide a far better means of reaching sound decisions and controlling judicial discretion than do any of the grand theories.
Desperately Seeking Certainty: The Misguided Quest for Constitutional Foundations
by Daniel A. Farber Suzanna SherryIrreverent, provocative, and engaging, Desperately Seeking Certainty attacks the current legal vogue for grand unified theories of constitutional interpretation. On both the Right and the Left, prominent legal scholars are attempting to build all of constitutional law from a single foundational idea. Dan Farber and Suzanna Sherry find that in the end no single, all-encompassing theory can successfully guide judges or provide definitive or even sensible answers to every constitutional question. Their book brilliantly reveals how problematic foundationalism is and shows how the pragmatic, multifaceted common law methods already used by the Court provide a far better means of reaching sound decisions and controlling judicial discretion than do any of the grand theories.
Desperately Seeking Certainty: The Misguided Quest for Constitutional Foundations
by Daniel A. Farber Suzanna SherryIrreverent, provocative, and engaging, Desperately Seeking Certainty attacks the current legal vogue for grand unified theories of constitutional interpretation. On both the Right and the Left, prominent legal scholars are attempting to build all of constitutional law from a single foundational idea. Dan Farber and Suzanna Sherry find that in the end no single, all-encompassing theory can successfully guide judges or provide definitive or even sensible answers to every constitutional question. Their book brilliantly reveals how problematic foundationalism is and shows how the pragmatic, multifaceted common law methods already used by the Court provide a far better means of reaching sound decisions and controlling judicial discretion than do any of the grand theories.
The Despot's Accomplice: How the West is Aiding and Abetting the Decline of Democracy
by Brian KlaasFor the first time since the end of the Cold War, the world is steadily becoming less democratic. The true culprits are dictators and counterfeit democrats. But, argues Klaas, the West is also an accomplice, inadvertently assaulting pro-democracy forces abroad as governments in Washington, London and Brussels chase pyrrhic short-term economic and security victories. Friendly fire from Western democracies against democracy abroad is too high a price to pay for a myopic foreign policy that is ultimately making the world less prosperous, stable and democratic. The Despot's Accomplice draws on years of extensive interviews on the frontlines of the global struggle for democracy, from a poetry-reading, politician-kidnapping general in Madagascar to Islamist torture victims in Tunisia, Belarusian opposition activists tailed by the KGB, West African rebels, and tea-sipping members of the Thai junta. Cumulatively, their stories weave together a tale of a broken system at the root of democracy's global retreat.
The Despot's Accomplice: How the West is Aiding and Abetting the Decline of Democracy
by Brian KlaasFor the first time since the end of the Cold War, the world is steadily becoming less democratic. The true culprits are dictators and counterfeit democrats. But, argues Klaas, the West is also an accomplice, inadvertently assaulting pro-democracy forces abroad as governments in Washington, London and Brussels chase pyrrhic short-term economic and security victories. Friendly fire from Western democracies against democracy abroad is too high a price to pay for a myopic foreign policy that is ultimately making the world less prosperous, stable and democratic. The Despot's Accomplice draws on years of extensive interviews on the frontlines of the global struggle for democracy, from a poetry-reading, politician-kidnapping general in Madagascar to Islamist torture victims in Tunisia, Belarusian opposition activists tailed by the KGB, West African rebels, and tea-sipping members of the Thai junta. Cumulatively, their stories weave together a tale of a broken system at the root of democracy's global retreat.