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The Identity of Governments in International Law (Oxford Monographs in International Law)
by Niko PavlopoulosThe Identity of Governments in International Law provides a comprehensive account of the international legal regulation of governmental status. It examines the fundamental conceptual aspects of the government of a state in international law, before analysing the law concerning the recognition of governments and the criteria for governmental status under customary international law. It also explores matters concerning the identity of governments in the context of international organizations. Presenting the positive international legal framework concerning the regulation of governmental status, the book engages extensively with historical and contemporary examples, such as the rival governments of Cambodia (1970-75; 1979-89, 1997-98); the recognition of the Taliban (1996-2001; and again beginning in 2021); and the contested identity of Venezuela's president (beginning in 2019). Given the pre-eminence of states in international law and the importance of governments to the representation of states, the systematic examination of practice grounded in solid conceptual foundations renders this book a useful reference point for scholars and practitioners in all fields of international law and beyond.
The Identity of Governments in International Law (Oxford Monographs in International Law)
by Niko PavlopoulosThe Identity of Governments in International Law provides a comprehensive account of the international legal regulation of governmental status. It examines the fundamental conceptual aspects of the government of a state in international law, before analysing the law concerning the recognition of governments and the criteria for governmental status under customary international law. It also explores matters concerning the identity of governments in the context of international organizations. Presenting the positive international legal framework concerning the regulation of governmental status, the book engages extensively with historical and contemporary examples, such as the rival governments of Cambodia (1970-75; 1979-89, 1997-98); the recognition of the Taliban (1996-2001; and again beginning in 2021); and the contested identity of Venezuela's president (beginning in 2019). Given the pre-eminence of states in international law and the importance of governments to the representation of states, the systematic examination of practice grounded in solid conceptual foundations renders this book a useful reference point for scholars and practitioners in all fields of international law and beyond.
The Identity of the Constitutional Subject: Selfhood, Citizenship, Culture, and Community
by Michel RosenfeldThe last fifty years has seen a worldwide trend toward constitutional democracy. But can constitutionalism become truly global? Relying on historical examples of successfully implanted constitutional regimes, ranging from the older experiences in the United States and France to the relatively recent ones in Germany, Spain and South Africa, Michel Rosenfeld sheds light on the range of conditions necessary for the emergence, continuity and adaptability of a viable constitutional identity - citizenship, nationalism, multiculturalism, and human rights being important elements. The Identity of the Constitutional Subject is the first systematic analysis of the concept, drawing on philosophy, psychoanalysis, political theory and law from a comparative perspective to explore the relationship between the ideal of constitutionalism and the need to construct a common constitutional identity that is distinct from national, cultural, ethnic or religious identity. The Identity of the Constitutional Subject will be of interest to students and scholars in law, legal and political philosophy, political science, multicultural studies, international relations and US politics.
The Identity of the Constitutional Subject: Selfhood, Citizenship, Culture, and Community
by Michel RosenfeldThe last fifty years has seen a worldwide trend toward constitutional democracy. But can constitutionalism become truly global? Relying on historical examples of successfully implanted constitutional regimes, ranging from the older experiences in the United States and France to the relatively recent ones in Germany, Spain and South Africa, Michel Rosenfeld sheds light on the range of conditions necessary for the emergence, continuity and adaptability of a viable constitutional identity - citizenship, nationalism, multiculturalism, and human rights being important elements. The Identity of the Constitutional Subject is the first systematic analysis of the concept, drawing on philosophy, psychoanalysis, political theory and law from a comparative perspective to explore the relationship between the ideal of constitutionalism and the need to construct a common constitutional identity that is distinct from national, cultural, ethnic or religious identity. The Identity of the Constitutional Subject will be of interest to students and scholars in law, legal and political philosophy, political science, multicultural studies, international relations and US politics.
Identity, Personhood and the Law (SpringerBriefs in Law)
by Charles Foster Jonathan HerringThis book is an examination of how the law understands human identity and the whole notion of ‘human being’. On these two notions the law, usually unconsciously, builds the superstructure of ‘human rights’. It explores how the law understands the concept of a human being, and hence a person who is entitled to human rights. This involves a discussion of the legal treatment of those of so-called "marginal personhood" (e.g. high functioning non-human animals; humans of limited intellectual capacity, and fetuses). It also considers how we understand our identity as people, and hence how we fall into different legal categories: such as gender, religion and so on.The law makes a number of huge assumptions about some fundamental issues of human identity and authenticity – for instance that we can talk meaningfully about the entity that we call ‘our self’. Until now it has rarely, if ever, identified those assumptions, let alone interrogated them. This failure has led to the law being philosophically dubious and sometimes demonstrably unfit for purpose. Its failure is increasingly hard to cover up. What should happen legally, for instance, when a disease such as dementia eliminates or radically transforms all the characteristics that most people regard as foundational to the ‘self’? This book seeks to plug these gaps in the literature.
Identity, Personhood and the Law (PDF)
by Charles Foster Jonathan HerringThis book is an examination of how the law understands human identity and the whole notion of ‘human being’. On these two notions the law, usually unconsciously, builds the superstructure of ‘human rights’. It explores how the law understands the concept of a human being, and hence a person who is entitled to human rights. This involves a discussion of the legal treatment of those of so-called "marginal personhood" (e.g. high functioning non-human animals; humans of limited intellectual capacity, and fetuses). It also considers how we understand our identity as people, and hence how we fall into different legal categories: such as gender, religion and so on.
Identity, Political Freedom, and Collective Responsibility: The Pillars and Foundations of Global Ethics (Future of Minority Studies)
by E. SouffrantEddy M. Souffrant calls for a reassessment of the starting points of moral, social, and political philosophy that takes into account the actual living circumstances of persons living the 21st century.
Identity, Power and Influence in the Boardroom: Actionable Strategies for Developing High Impact Directors and Boards
by Meena ThuraisinghamOver the last decade, the role of the board of directors in deciding on potentially value-creating decisions has gained greater prominence. Following extensive board research into the origins, reasons, effects and consequences of boardroom influence of directors, this book prepares directors for playing a more influential role in shaping such decisions. Boards are only as effective as the relationships their members have with each other. Despite this, many of the published guides on board work do not focus sufficiently on the human dimension of governance, nor has there been a comprehensive understanding of the effect that group membership has on the decision behaviour of the individual director, or vice versa. The author offers the reader actionable strategies to successfully navigate the complex dynamics that are inevitable when a group of powerful individuals with strong individual identities has to work together. Without a realistic understanding of the silent risks that a suboptimal dynamic may pose to the processes of making critical decisions, boards may find their decision outcomes compromised. Despite the best intentions, such dynamics can have a chilling effect on an individual director’s contribution, marginalising or diminishing the value of their contribution and their influence on the board. This book will be a valuable resource guide for aspiring and experienced company directors wishing to strengthen their effectiveness in the advisory role and develop a more influential voice in shaping the strategic direction of their companies.
Identity, Power and Influence in the Boardroom: Actionable Strategies for Developing High Impact Directors and Boards
by Meena ThuraisinghamOver the last decade, the role of the board of directors in deciding on potentially value-creating decisions has gained greater prominence. Following extensive board research into the origins, reasons, effects and consequences of boardroom influence of directors, this book prepares directors for playing a more influential role in shaping such decisions. Boards are only as effective as the relationships their members have with each other. Despite this, many of the published guides on board work do not focus sufficiently on the human dimension of governance, nor has there been a comprehensive understanding of the effect that group membership has on the decision behaviour of the individual director, or vice versa. The author offers the reader actionable strategies to successfully navigate the complex dynamics that are inevitable when a group of powerful individuals with strong individual identities has to work together. Without a realistic understanding of the silent risks that a suboptimal dynamic may pose to the processes of making critical decisions, boards may find their decision outcomes compromised. Despite the best intentions, such dynamics can have a chilling effect on an individual director’s contribution, marginalising or diminishing the value of their contribution and their influence on the board. This book will be a valuable resource guide for aspiring and experienced company directors wishing to strengthen their effectiveness in the advisory role and develop a more influential voice in shaping the strategic direction of their companies.
Identity Theft in Today's World (Global Crime and Justice)
by Megan McNallyThis book accurately identifies the various forms of identity theft in simple, easy-to-understand terms, exposes exaggerated and erroneous information, and explains how everyone can take action to protect themselves.Identity theft is a classic crime with a modern (and perhaps decidedly American) twist. The rise of technology over the past few decades—and its influence on the processes of modernization and globalization—has created many new opportunities for identity theft both locally and internationally. Moreover, this process has transformed the nature of identity from something largely personal to something almost purely financial. Although identity theft is not a global crime per se, it does pose a pervasive and universal threat that will need to be acknowledged and addressed by many nations throughout the world.In this text, author Megan McNally examines the concept of identity theft in universal terms in order to understand what it is, how it is accomplished, and what the nations of the world can do—individually or collectively—to prevent it or respond to it.
Ideology and Criminal Law: Fascist, National Socialist and Authoritarian Regimes
by Stephen SkinnerWith populist, nationalist and repressive governments on the rise around the world, questioning the impact of politics on the nature and role of law and the state is a pressing concern. If we are to understand the effects of extreme ideologies on the state's legal dimensions and powers – especially the power to punish and to determine the boundaries of permissible conduct through criminal law – it is essential to consider the lessons of history. This timely collection explores how political ideas and beliefs influenced the nature, content and application of criminal law and justice under Fascism, National Socialism, and other authoritarian regimes in the twentieth century. Bringing together expert legal historians from four continents, the collection's 16 chapters examine aspects of criminal law and related jurisprudential and criminological questions in the context of Fascist Italy, Nazi Germany, Nazi-occupied Norway, apartheid South Africa, Francoist Spain, and the authoritarian regimes of Brazil, Romania and Japan. Based on original archival, doctrinal and theoretical research, the collection offers new critical perspectives on issues of systemic identity, self-perception and the foundational role of criminal law; processes of state repression and the activities of criminal courts and lawyers; and ideological aspects of, and tensions in, substantive criminal law.
Ideology and Criminal Law: Fascist, National Socialist and Authoritarian Regimes
With populist, nationalist and repressive governments on the rise around the world, questioning the impact of politics on the nature and role of law and the state is a pressing concern. If we are to understand the effects of extreme ideologies on the state's legal dimensions and powers – especially the power to punish and to determine the boundaries of permissible conduct through criminal law – it is essential to consider the lessons of history. This timely collection explores how political ideas and beliefs influenced the nature, content and application of criminal law and justice under Fascism, National Socialism, and other authoritarian regimes in the twentieth century. Bringing together expert legal historians from four continents, the collection's 16 chapters examine aspects of criminal law and related jurisprudential and criminological questions in the context of Fascist Italy, Nazi Germany, Nazi-occupied Norway, apartheid South Africa, Francoist Spain, and the authoritarian regimes of Brazil, Romania and Japan. Based on original archival, doctrinal and theoretical research, the collection offers new critical perspectives on issues of systemic identity, self-perception and the foundational role of criminal law; processes of state repression and the activities of criminal courts and lawyers; and ideological aspects of, and tensions in, substantive criminal law.
Ideology and International Institutions
by Erik VoetenA new theoretical framework for understanding how social, economic, and political conflicts influence international institutions and their place in the global order Today’s liberal international institutional order is being challenged by the rising power of illiberal states and by domestic political changes inside liberal states. Against this backdrop, Ideology and International Institutions offers a broader understanding of international institutions by arguing that the politics of multilateralism has always been based on ideology and ideological divisions. Erik Voeten develops new theories and measures to make sense of past and current challenges to multilateral institutions.Voeten presents a straightforward theoretical framework that analyzes multilateral institutions as attempts by states to shift the policies of others toward their preferred ideological positions. He then measures how states have positioned themselves in global ideological conflicts during the past seventy-five years. Empirical chapters illustrate how ideological struggles shape the design of international institutions, membership in international institutions, and the critical role of multilateral institutions in militarized conflicts. Voeten also examines populism’s rise and other ideological threats to the liberal international order.Ideology and International Institutions explores the essential ways in which ideological contestation has influenced world politics.
Ideology and International Institutions
by Erik VoetenA new theoretical framework for understanding how social, economic, and political conflicts influence international institutions and their place in the global order Today’s liberal international institutional order is being challenged by the rising power of illiberal states and by domestic political changes inside liberal states. Against this backdrop, Ideology and International Institutions offers a broader understanding of international institutions by arguing that the politics of multilateralism has always been based on ideology and ideological divisions. Erik Voeten develops new theories and measures to make sense of past and current challenges to multilateral institutions.Voeten presents a straightforward theoretical framework that analyzes multilateral institutions as attempts by states to shift the policies of others toward their preferred ideological positions. He then measures how states have positioned themselves in global ideological conflicts during the past seventy-five years. Empirical chapters illustrate how ideological struggles shape the design of international institutions, membership in international institutions, and the critical role of multilateral institutions in militarized conflicts. Voeten also examines populism’s rise and other ideological threats to the liberal international order.Ideology and International Institutions explores the essential ways in which ideological contestation has influenced world politics.
Ideology in the Supreme Court
by Lawrence BaumIdeology in the Supreme Court is the first book to analyze the process by which the ideological stances of U.S. Supreme Court justices translate into the positions they take on the issues that the Court addresses. Eminent Supreme Court scholar Lawrence Baum argues that the links between ideology and issues are not simply a matter of reasoning logically from general premises. Rather, they reflect the development of shared understandings among political elites, including Supreme Court justices. And broad values about matters such as equality are not the only source of these understandings. Another potentially important source is the justices' attitudes about social or political groups, such as the business community and the Republican and Democratic parties.The book probes these sources by analyzing three issues on which the relative positions of liberal and conservative justices changed between 1910 and 2013: freedom of expression, criminal justice, and government "takings" of property. Analyzing the Court's decisions and other developments during that period, Baum finds that the values underlying liberalism and conservatism help to explain these changes, but that justices' attitudes toward social and political groups also played a powerful role.Providing a new perspective on how ideology functions in Supreme Court decision making, Ideology in the Supreme Court has important implications for how we think about the Court and its justices.
Ideology in the Supreme Court
by Lawrence BaumIdeology in the Supreme Court is the first book to analyze the process by which the ideological stances of U.S. Supreme Court justices translate into the positions they take on the issues that the Court addresses. Eminent Supreme Court scholar Lawrence Baum argues that the links between ideology and issues are not simply a matter of reasoning logically from general premises. Rather, they reflect the development of shared understandings among political elites, including Supreme Court justices. And broad values about matters such as equality are not the only source of these understandings. Another potentially important source is the justices' attitudes about social or political groups, such as the business community and the Republican and Democratic parties.The book probes these sources by analyzing three issues on which the relative positions of liberal and conservative justices changed between 1910 and 2013: freedom of expression, criminal justice, and government "takings" of property. Analyzing the Court's decisions and other developments during that period, Baum finds that the values underlying liberalism and conservatism help to explain these changes, but that justices' attitudes toward social and political groups also played a powerful role.Providing a new perspective on how ideology functions in Supreme Court decision making, Ideology in the Supreme Court has important implications for how we think about the Court and its justices.
Idleness: A Philosophical Essay
by Brian O'ConnorThe first book to challenge modern philosophy’s case against idleness, revealing why the idle state is one of true freedomFor millennia, idleness and laziness have been regarded as vices. We're all expected to work to survive and get ahead, and devoting energy to anything but labor and self-improvement can seem like a luxury or a moral failure. Far from questioning this conventional wisdom, modern philosophers have worked hard to develop new reasons to denigrate idleness. In Idleness, the first book to challenge modern philosophy's portrayal of inactivity, Brian O'Connor argues that the case against an indifference to work and effort is flawed--and that idle aimlessness may instead allow for the highest form of freedom.Idleness explores how some of the most influential modern philosophers drew a direct connection between making the most of our humanity and avoiding laziness. Idleness was dismissed as contrary to the need people have to become autonomous and make whole, integrated beings of themselves (Kant); to be useful (Kant and Hegel); to accept communal norms (Hegel); to contribute to the social good by working (Marx); and to avoid boredom (Schopenhauer and de Beauvoir). O'Connor throws doubt on all these arguments, presenting a sympathetic vision of the inactive and unserious that draws on more productive ideas about idleness, from ancient Greece through Robert Burton's Anatomy of Melancholy, Schiller and Marcuse's thoughts about the importance of play, and recent critiques of the cult of work. A thought-provoking reconsideration of productivity for the twenty-first century, Idleness shows that, from now on, no theory of what it means to have a free mind can exclude idleness from the conversation.
Idleness: A Philosophical Essay
by Brian O'ConnorThe first book to challenge modern philosophy’s case against idleness, revealing why the idle state is one of true freedomFor millennia, idleness and laziness have been regarded as vices. We're all expected to work to survive and get ahead, and devoting energy to anything but labor and self-improvement can seem like a luxury or a moral failure. Far from questioning this conventional wisdom, modern philosophers have worked hard to develop new reasons to denigrate idleness. In Idleness, the first book to challenge modern philosophy's portrayal of inactivity, Brian O'Connor argues that the case against an indifference to work and effort is flawed--and that idle aimlessness may instead allow for the highest form of freedom.Idleness explores how some of the most influential modern philosophers drew a direct connection between making the most of our humanity and avoiding laziness. Idleness was dismissed as contrary to the need people have to become autonomous and make whole, integrated beings of themselves (Kant); to be useful (Kant and Hegel); to accept communal norms (Hegel); to contribute to the social good by working (Marx); and to avoid boredom (Schopenhauer and de Beauvoir). O'Connor throws doubt on all these arguments, presenting a sympathetic vision of the inactive and unserious that draws on more productive ideas about idleness, from ancient Greece through Robert Burton's Anatomy of Melancholy, Schiller and Marcuse's thoughts about the importance of play, and recent critiques of the cult of work. A thought-provoking reconsideration of productivity for the twenty-first century, Idleness shows that, from now on, no theory of what it means to have a free mind can exclude idleness from the conversation.
If I Never Met You: A Novel
by Mhairi McFarlaneIf faking love is this easy… how do you know when it’s real?
If Money Talks, What Does It Say?: Corruption And Business Financing Of Political Parties (Comparative Politics)
by Iain McMenaminWhy do businesses contribute to political parties? Is money a universal language? Do business contributions to political parties convey different messages in different countries? This book answers these questions based on intensive case studies of Australia, Canada, and Germany, as well as data from other countries. Business money does talk politics. In liberal Australia and Canada, the competitive short-term focus of firms generated substantial demand for private goods that could help firms develop an advantage over their rivals. Thus, business financing of parties conveyed a pragmatic message: in exchange for small but certain financial benefits, contributing businesses expect, as a reciprocation, to receive special consideration of their lobbying efforts. Australia's left-right party system created an awareness of policy risk, which motivated ideological payments, but there was no ideological bias in business financing of politics in centrist Canada. In Germany's co-ordinated economy, the most important policies for firms tend to be the public goods defined, championed, and delivered by their business associations. In this context, the pragmatic motivation for contributions to political parties is weak. The combination of consensual political institutions and constrained parties means there is a very low risk of major policy change from election to election. So, there is also little interest in ideological financing of political parties. If money talks, what does it say? places business financing of political parties in the context of debates about political corruption and offers advice on political reform. Comparative Politics is a series for students, teachers, and researchers of political science that deals with contemporary government and politics. Global in scope, books in the series are characterised by a stress on comparative analysis and strong methodological rigour. The series is published in association with the European Consortium for Political Research. For more information visit: www.ecprnet.eu The Comparative Politics series is edited by Professor David M. Farrell, School of Politics and International Relations, University College Dublin, Kenneth Carty, Professor of Political Science, University of British Columbia, and Professor Dirk Berg-Schlosser, Institute of Political Science, Philipps University, Marburg.
If We Can Win Here: The New Front Lines of the Labor Movement
by Fran QuigleyDo service-sector workers represent the future of the U.S. labor movement? Mid-twentieth-century union activism transformed manufacturing jobs from backbreaking, low-wage work into careers that allowed workers to buy homes and send their kids to college. Some union activists insist that there is no reason why service-sector workers cannot follow that same path. In If We Can Win Here, Fran Quigley tells the stories of janitors, fry cooks, and health care aides trying to fight their way to middle-class incomes in Indianapolis. He also chronicles the struggles of the union organizers with whom the workers have made common cause.The service-sector workers of Indianapolis mirror the city’s demographics: they are white, African American, and Latino. In contrast, the union organizers are mostly white and younger than the workers they help rally. Quigley chronicles these allies’ setbacks, victories, bonds, and conflicts while placing their journey in the broader context of the global economy and labor history. As one Indiana-based organizer says of the struggle being waged in a state that has earned a reputation as antiunion: "If we can win here, we can win anywhere." The outcome of the battle of Indianapolis may foretell the fate of workers across the United States.
If You Meet the Buddha on the Road: Buddhism, Politics, and Violence
by Michael JerrysonIt is said that the famous ninth century Chinese Buddhist monk Linji Yixuan told his disciples, "If you meet the Buddha on the road, kill him." The deliberately confounding statement is meant to shock people out of complacent ways of thinking. But beyond the purposeful jolt from complacency there is another intention. This axiom suggests that, for liberation, one should seek the Buddha nature that resides within, rather than a mere Buddha exterior. The metaphor of killing the Buddha dislodges a person from the illusion that enlightenment lies outside the body. The proclamation also highlights the power of violence, even on a symbolic level. Violence abounds in Buddhist thoughts, doctrine, and actions, however unacknowledged or misunderstood. If You Meet the Buddha on the Road addresses an important absence in the study of religion and violence: the religious treatment of violence. In order to pursue an understanding of the relationship between Buddhism and violence, it is important to first consider how Buddhist scriptures and followers understand violence. Drawing on Buddhist treatments of violence, Michael Jerryson explores the ways in which Buddhists invoke, support, or justify war, conflict, state violence, and gender discrimination. In addition, the book examines the ways in which Buddhists address violence as military chaplains, cope with violence in a conflict zone, and serve as witnesses of blasphemy to Buddhist doctrine and Buddha images.
If You Meet the Buddha on the Road: Buddhism, Politics, and Violence
by Michael JerrysonIt is said that the famous ninth century Chinese Buddhist monk Linji Yixuan told his disciples, "If you meet the Buddha on the road, kill him." The deliberately confounding statement is meant to shock people out of complacent ways of thinking. But beyond the purposeful jolt from complacency there is another intention. This axiom suggests that, for liberation, one should seek the Buddha nature that resides within, rather than a mere Buddha exterior. The metaphor of killing the Buddha dislodges a person from the illusion that enlightenment lies outside the body. The proclamation also highlights the power of violence, even on a symbolic level. Violence abounds in Buddhist thoughts, doctrine, and actions, however unacknowledged or misunderstood. If You Meet the Buddha on the Road addresses an important absence in the study of religion and violence: the religious treatment of violence. In order to pursue an understanding of the relationship between Buddhism and violence, it is important to first consider how Buddhist scriptures and followers understand violence. Drawing on Buddhist treatments of violence, Michael Jerryson explores the ways in which Buddhists invoke, support, or justify war, conflict, state violence, and gender discrimination. In addition, the book examines the ways in which Buddhists address violence as military chaplains, cope with violence in a conflict zone, and serve as witnesses of blasphemy to Buddhist doctrine and Buddha images.
IFRS 9 and CECL Credit Risk Modelling and Validation: A Practical Guide with Examples Worked in R and SAS
by Tiziano BelliniIFRS 9 and CECL Credit Risk Modelling and Validation covers a hot topic in risk management. Both IFRS 9 and CECL accounting standards require Banks to adopt a new perspective in assessing Expected Credit Losses. The book explores a wide range of models and corresponding validation procedures. The most traditional regression analyses pave the way to more innovative methods like machine learning, survival analysis, and competing risk modelling. Special attention is then devoted to scarce data and low default portfolios. A practical approach inspires the learning journey. In each section the theoretical dissertation is accompanied by Examples and Case Studies worked in R and SAS, the most widely used software packages used by practitioners in Credit Risk Management.Offers a broad survey that explains which models work best for mortgage, small business, cards, commercial real estate, commercial loans and other credit productsConcentrates on specific aspects of the modelling process by focusing on lifetime estimatesProvides an hands-on approach to enable readers to perform model development, validation and audit of credit risk models
IFRS in a Global World: International and Critical Perspectives on Accounting
by Didier Bensadon Nicolas PraquinThis book, dedicated to Prof. Jacques Richard, is about the economic, political, social and even environmental consequences of setting accounting standards, with emphasis on those that are alleged to be precipitated by the adoption and implementation of IFRS. The authors offer their reasoned critiques of the effectiveness of IFRS in promoting genuine global comparability of financial reporting. The editors of this collection have invited authors from 17 countries, so that a great variety of accounting, auditing and regulatory cultures, and educational perspectives, is amply on display in their essays.