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The Impact of the European Court of Justice on Neighbouring Countries
by Arie Reich and Hans-W. MicklitzThere is a considerable mismatch between theories on the influence of the EU outside its borders and concrete knowledge on whether and to what extent the suggested impact is of any practical relevance. The aim of this book, therefore, is to help close that gap in the knowledge concerning the role and function of the Court of Justice of the European (CJEU) outside its own borders in selected countries. Scholars from Armenia, Azerbaijan, Georgia, Israel, Jordan, Russia, Switzerland, Tunisia, Turkey, Ukraine and the Eurasian Economic Union have researched and explored how their respective countries have been influenced by the CJEU. This title looks at 'why' along with 'how' these decisions have been utilized. All of this culminates in an effort to be able to rank the degree to which the CJEU is influencing non-EU jurisdictions according to a common scale. Looking across the selected countries, this title analyses the research provided by the scholars. This includes a brief description of the relationship and agreements between the EU and the country, a concise history of the country's judiciary, a full account of the extent to which the country's courts have cited CJEU judgements, and an analysis of that extent and the impact they have had. Other factors are explored as well, such as countries who want to join the EU might aim for more legal harmonization between them and the EU. These metrics are used to compare across the neighbourhood countries and draw conclusions about CJEU influence and impact outside of the EU. This comprehensive edited collection is an in-depth look at the actual impact of the CJEU in neighbourhood countries, providing crucial information in an overlooked field of EU law.
The Impact of the European Court of Justice on Neighbouring Countries
There is a considerable mismatch between theories on the influence of the EU outside its borders and concrete knowledge on whether and to what extent the suggested impact is of any practical relevance. The aim of this book, therefore, is to help close that gap in the knowledge concerning the role and function of the Court of Justice of the European (CJEU) outside its own borders in selected countries. Scholars from Armenia, Azerbaijan, Georgia, Israel, Jordan, Russia, Switzerland, Tunisia, Turkey, Ukraine and the Eurasian Economic Union have researched and explored how their respective countries have been influenced by the CJEU. This title looks at 'why' along with 'how' these decisions have been utilized. All of this culminates in an effort to be able to rank the degree to which the CJEU is influencing non-EU jurisdictions according to a common scale. Looking across the selected countries, this title analyses the research provided by the scholars. This includes a brief description of the relationship and agreements between the EU and the country, a concise history of the country's judiciary, a full account of the extent to which the country's courts have cited CJEU judgements, and an analysis of that extent and the impact they have had. Other factors are explored as well, such as countries who want to join the EU might aim for more legal harmonization between them and the EU. These metrics are used to compare across the neighbourhood countries and draw conclusions about CJEU influence and impact outside of the EU. This comprehensive edited collection is an in-depth look at the actual impact of the CJEU in neighbourhood countries, providing crucial information in an overlooked field of EU law.
The Impact of the Freedom of Information Act on Central Government in the UK: Does FOI Work? (Understanding Governance)
by R. Hazell B. Worthy M. GloverBased on interviews with officials, requesters and journalists, as well as a survey of FOI requesters and a study of stories in the national media, this book offers a unique insight into how the Freedom of Information Act 2000 really works.
The Impact of the Inter-American Human Rights System: Transformations on the Ground
by Fl?via Piovesan Eduardo Ferrer Mac-Gregor Mariela Morales AntoniazziThe Inter-American System of Human Rights (IASHR) is certainly a source of innovation in human rights law and policy. However, uncertainty reigns over its true legal, political, and social effects as many decisions face serious problems of compliance. To better grasp the System's effects, this book broadens the focus from compliance to impact as the key criterion of effectiveness. Thus, The Impact of the Inter-American Human Rights System: Transformations on the Ground can reveal the IASHR's deep and multifaceted effects, not least by embedding a common law of human rights. Outlining the IASHR's historic path and contemporary practice, this book shows legal, political, and social effects with respect to the main problems that trouble the Americas. Though most of these certainly continue to exist, the System is having a transformative impact on them on the ground, though with huge differences between issues and countries. These achievements as well as the variations should be of interest to academics, judges, and policymakers in Latin America as well as other regions undergoing similar stress, such as Central and Eastern Europe or Africa. The Impact of the Inter-American Human Rights System brings together leading scholars in international and constitutional law, social sciences, and international relations to present a systematic and critical analysis of the impact of the IASHR in the various fields of its activity. These include issues of internal conflicts, transition to democracy, rights of vulnerable groups, social rights, the environment, digital rights, and the accountability of private actors. The book also offers evidence-based proposals to further enhance the transformative impact of the Inter-American System that could be taken up by courts and policymakers at the national, Inter-American, and global levels. This is an open-access title available under the terms of a CC BY-NC-ND 4.0 International license.
The Impact of the Inter-American Human Rights System: Transformations on the Ground
by Fl?via Piovesan Eduardo Ferrer Mac-Gregor Mariela Morales AntoniazziThe Inter-American System of Human Rights (IASHR) is certainly a source of innovation in human rights law and policy. However, uncertainty reigns over its true legal, political, and social effects as many decisions face serious problems of compliance. To better grasp the System's effects, this book broadens the focus from compliance to impact as the key criterion of effectiveness. Thus, The Impact of the Inter-American Human Rights System: Transformations on the Ground can reveal the IASHR's deep and multifaceted effects, not least by embedding a common law of human rights. Outlining the IASHR's historic path and contemporary practice, this book shows legal, political, and social effects with respect to the main problems that trouble the Americas. Though most of these certainly continue to exist, the System is having a transformative impact on them on the ground, though with huge differences between issues and countries. These achievements as well as the variations should be of interest to academics, judges, and policymakers in Latin America as well as other regions undergoing similar stress, such as Central and Eastern Europe or Africa. The Impact of the Inter-American Human Rights System brings together leading scholars in international and constitutional law, social sciences, and international relations to present a systematic and critical analysis of the impact of the IASHR in the various fields of its activity. These include issues of internal conflicts, transition to democracy, rights of vulnerable groups, social rights, the environment, digital rights, and the accountability of private actors. The book also offers evidence-based proposals to further enhance the transformative impact of the Inter-American System that could be taken up by courts and policymakers at the national, Inter-American, and global levels. This is an open-access title available under the terms of a CC BY-NC-ND 4.0 International license.
The Impact of UK Immigration Law: Declining Standards of Public Administration, Legal Probity and Democratic Accountability
by Sheona YorkThis book provides an insightful analysis of recent developments in immigration, asylum and citizenship law in the broader social and political context. Written accessibly by an experienced practitioner, it critically examines the development of UK immigration control since the second world war, identifying and focusing on the grievous collateral damage being caused to the rule of law and to society. It examines the decline in standards of public administration, the secular failure to follow the rule of law, and the related issues of social corrosion and lack of democratic accountability. Speaking to academics, practitioners, policy makers and all those concerned about the impact of the hostile environment, it makes proposals for legal changes which prioritise social cohesion: a shared burden of proof, a simple regularisation scheme and clear path to citizenship, and details how these would operate in practice.
Impact of Union Citizenship on the EU's Market Freedoms (Modern Studies in European Law)
by Alina TryfonidouThe book's aim is to consider the impact that the introduction and development of the status of Union citizenship has had on the interpretation of the EU's market freedoms. Starting by providing, in its introductory part (part one), a comprehensive and up-to-date analysis of the status of Union citizenship and its development from 1998 onwards, the book proceeds in part two to provide an in-depth examination of the relationship between this status and the Union's market freedoms. The central argument of the book is that, as a result of the move towards the creation of a meaningful status of Union citizenship, the market freedoms have been reconceptualised as fundamental, Union citizenship, rights and their interpretation has adapted accordingly. Part three of the book analyses the result of this process of transforming the market freedoms into sources of fundamental, Union citizenship, rights and considers where it is likely to lead in the future. It demonstrates that, despite the fact that this development appears to be the next natural step in the process of constructing a meaningful notion of Union citizenship, it brings with it a number of issues that the EU will have to consider and carefully address. In particular, the method which the Court seems, up until now, to have employed to facilitate the metamorphosis of the market freedoms into citizenship rights, has led to criticisms on the grounds of legitimacy and coherence and will, undoubtedly, lead to further problems in the future. Hence part three of the book also identifies the difficulties that may emerge as a result of this process and suggests ways in which they may be overcome.
Impact of Union Citizenship on the EU's Market Freedoms (Modern Studies in European Law)
by Alina TryfonidouThe book's aim is to consider the impact that the introduction and development of the status of Union citizenship has had on the interpretation of the EU's market freedoms. Starting by providing, in its introductory part (part one), a comprehensive and up-to-date analysis of the status of Union citizenship and its development from 1998 onwards, the book proceeds in part two to provide an in-depth examination of the relationship between this status and the Union's market freedoms. The central argument of the book is that, as a result of the move towards the creation of a meaningful status of Union citizenship, the market freedoms have been reconceptualised as fundamental, Union citizenship, rights and their interpretation has adapted accordingly. Part three of the book analyses the result of this process of transforming the market freedoms into sources of fundamental, Union citizenship, rights and considers where it is likely to lead in the future. It demonstrates that, despite the fact that this development appears to be the next natural step in the process of constructing a meaningful notion of Union citizenship, it brings with it a number of issues that the EU will have to consider and carefully address. In particular, the method which the Court seems, up until now, to have employed to facilitate the metamorphosis of the market freedoms into citizenship rights, has led to criticisms on the grounds of legitimacy and coherence and will, undoubtedly, lead to further problems in the future. Hence part three of the book also identifies the difficulties that may emerge as a result of this process and suggests ways in which they may be overcome.
The Impact of WTO SPS Law on EU Food Regulations (Studies in European Economic Law and Regulation #2)
by Chris DownesThis book brings a fresh perspective on the emerging field of international food law with the first detailed analysis of the process and implications of domestic compliance with the World Trade Organisation (WTO) Sanitary and Phytosanitary (SPS) Agreement. It investigates the influence of WTO disciplines on the domestic policy-making process and examines the extent to which international trade law determines European Union (EU) food regulations.Following controversial WTO rulings on genetically-modified foods and growth hormones in beef, awareness and criticism of global rules governing food has grown considerably. Yet the real impact of this international legal meta-framework on domestic regulations has remained obscure to practitioners and largely unexplored by legal commentators. This book examines the emergence of transnational governance practices set in motion by the SPS Agreement and their role in facilitating agricultural trade. In so doing, it complements and challenges conventional accounts of the SPS regime dominated by analysis of WTO disputes.It reviews legal commentary of the SPS Agreement to understand why WTO rules are so commonly characterised as a significant threat to domestic food policy preferences. It then takes on these assumptions through an in-depth review of food policies and decision-making practices in the EU, revealing both the potential and limits of WTO law to shape EU policies. It finally examines two important venues for the generation of global food norms – the WTO SPS Committee and Codex Alimentarius – to evaluate the practice and significance of transnational governance in this domain. Through detailed case studies including novel foods, food additives, vitamin and mineral supplements and transparency and equivalence procedures, this book provides a richer account of compliance and exposes the subtle, but important influence of WTO obligations.
Impacts of Land-use Change on Ecosystem Services (Springer Geography)
by Jinyan ZhanThis book aims to systematically elaborate how land-use change directly or indirectly exerts impacts on the ability of ecosystems to provide services for human society. The relationship between land use, ecosystem services and human well-being is a hot topic, and there have been some important achievements in this field, but its continuing growth means that it warrants further research.The unique viewpoint, the scientific analysis methods and the precise language of this book make it not only a valuable guide for professors conducting research, but also a reference resource to help governments make decisions on relevant policies.Prof. Jinyan Zhan is an associate professor at the School of Environment, Beijing Normal University, China.
Impairment and Disability: Law and Ethics at the Beginning and End of Life (Biomedical Law and Ethics Library)
by Sheila McLean Laura WilliamsonThis book explores legislation intended to protect the interests of people with disabilities or impairments. Considering a broad range of ethical and legal concerns which arise in issues of life, death and disability, it covers the social and legal responses to the equality rights of disabled people, focusing on those responses to: the right to life the end of life assisted suicide. This work engages with contemporary debates, examines case studies and explores the problems surrounding many legal concepts within the context of disability and impairment. The authors argue that it is crucial to distinguish between unjust discrimination and differential treatment and unify the disagreements surrounding the issues by highlighting ethical ideals that should be shared by all stakeholders in life and death decisions that impact on people with disabilities. Topical and contemporary, this book is a perfect supplementary text for students of all levels and researchers working in the areas of law, applied ethics and disability theory.
Impairment and Disability: Law and Ethics at the Beginning and End of Life (Biomedical Law and Ethics Library)
by Sheila McLean Laura WilliamsonThis book explores legislation intended to protect the interests of people with disabilities or impairments. Considering a broad range of ethical and legal concerns which arise in issues of life, death and disability, it covers the social and legal responses to the equality rights of disabled people, focusing on those responses to: the right to life the end of life assisted suicide. This work engages with contemporary debates, examines case studies and explores the problems surrounding many legal concepts within the context of disability and impairment. The authors argue that it is crucial to distinguish between unjust discrimination and differential treatment and unify the disagreements surrounding the issues by highlighting ethical ideals that should be shared by all stakeholders in life and death decisions that impact on people with disabilities. Topical and contemporary, this book is a perfect supplementary text for students of all levels and researchers working in the areas of law, applied ethics and disability theory.
Impassioned Belief
by Michael RidgeImpassioned Belief presents an original expressivist theory of normative judgments. According to his Ecumenical Expressivism normative judgements are hybrid states partly constituted by ordinary beliefs and partly constituted by desire-like states. Michael Ridge builds on a series of articles in which he has developed this theory, but moves beyond them in the following key respects. First, Ridge now more sharply distinguishes semantics from meta-semantics, situating Ecumenical Expressivism firmly on the meta-semantic side of this divide, thus enabling Ecumenical Expressivism to accommodate a fully truth-conditional approach to first-order semantics. Second, this distinction allows Ridge to offer a distinctive contextualist semantic framework for normative discourse. Contra orthodox presuppositions, a contextualist semantics does not entail cognitivism-at least not if we carefully heed the semantics/meta-semantics distinction. Third, because this contextualist framework is couched in terms of standards, Ridge now rejects his previous 'ideal advisor' approach and instead adopts a theory couched in terms of acceptable standards of practical reasoning. This has interesting consequences for longstanding debates over the context-sensitivity of reasons, the so-called 'buck-passing' theory of value, and the role of principles in normative thought ('particularism' versus 'generalism'). Fourth, drawing on the work of Scott Soames, Ridge develops a novel theory of normative propositions, according to which they are a certain kind of cognitive event type. Somewhat surprisingly, this conception allows that there can be irreducible normative propositions, even given expressivism. Fifth, Ridge offers a novel approach to talk of truth which enables expressivists to accommodate truth-aptness without committing themselves to deflationism about truth. In fact, the theory is flexible enough that it can elegantly be combined even with a robust correspondence conception of truth. In addition, Ridge offers an improved solution to the dreaded 'Frege-Geach' problem (one which better preserves the formal nature of logic than his previous account), a novel theory of disagreement itself, a rather different sort of 'hybrid' treatment of rationality discourse, and an independently useful taxonomy and critical survey of the bewildering variety of other 'hybrid' approaches in the literature.
Impeachment: A Handbook, New Edition
by Charles L., BlackOriginally published at the height of the Watergate crisis, Charles Black’s classic Impeachment: A Handbook has long been the premier guide to the subject of presidential impeachment. Now thoroughly updated with new chapters by Philip Bobbitt, it remains essential reading for every concerned citizen. Praise for Impeachment: “To understand impeachment, read this book. It shows how the rule of law limits power, even of the most powerful, and reminds us that the impact of the law on our lives ultimately depends on the conscience of the individual American.”—Bill Bradley, former United States senator “The most important book ever written on presidential impeachment.”—Lawfare “A model of how so serious an act of state should be approached.”—Wall Street Journal “A citizen’s guide to impeachment. . . . Elegantly written, lucid, intelligent, and comprehensive.”—New York Times Book Review “The finest text on the subject I have ever read.”—Ben Wittes Charles L. Black, Jr. (1915–2001), was Sterling Professor of Law at Yale Law School. Philip Bobbitt is the Herbert Wechsler Professor of Federal Jurisprudence at Columbia Law School.
Impeachment: What Everyone Needs to Know® (What Everyone Needs To Know®)
by Michael J. GerhardtImpeachment: What Everyone Needs to Know® is the step back and deep reflection on the law of impeachment that everyone needs now. Written in an accessible and lively question-and-answer format, it offers a timely explanation of the impeachment process from its very meaning to its role in politics today. The book defines the scope of impeachable offenses, and how the Constitution provides alternative procedures and sanctions for addressing misconduct in office. It explains why the only two presidential impeachments, those of Andrew Johnson and Bill Clinton, failed to lead to conviction, and how the impeachments of federal judges illuminate the law and politics of the process. As a legal expert and the only joint witness in the impeachment proceedings against President Clinton, author Michael J. Gerhardt also explores a question frequently asked-will Donald Trump be impeached? This book does not take a side in the debate over the possible impeachment of the president; instead, it is a primer for anyone eager to learn about impeachment's origins, practices, limitations, and alternatives.
Impeachment: A Citizen's Guide
by Cass R. SunsteinCass Sunstein considers actual and imaginable arguments for a president’s removal, explaining why some cases are easy and others hard, why some arguments for impeachment are judicious and others not. In direct and approachable terms, he dispels the fog surrounding impeachment so that all Americans may use their ultimate civic authority wisely.
Impeachment: A Citizen's Guide
by Cass R. SunsteinCass Sunstein considers actual and imaginable arguments for a president’s removal, explaining why some cases are easy and others hard, why some arguments for impeachment are judicious and others not. In direct and approachable terms, he dispels the fog surrounding impeachment so that all Americans may use their ultimate civic authority wisely.
Impeachment in a Global Context: Law, Politics, and Comparative Practice (Routledge Frontiers in Accountability Studies)
by Chris Monaghan Matthew Flinders Aziz Z. HuqThis volume considers the use of impeachment within a global context. The book brings together leading scholars and experts to give an insight into significant periods in the development of impeachment and its modern comparative use. Divided into five parts, the opening chapter introduces the topic and underlines its significance in terms of understanding the relationship and inter-dependence among politics, governance and the law. It also offers a novel conceptual framework that facilitates the global mapping of impeachment processes. Part I presents a thematic approach that explores the topic of impeachment through the lenses of democracy, human rights and the rule of law. With these themes in mind, Part II focuses on those parts of the world where impeachment is generally recognised as a core constitutional process including the United States, South Korea, Brazil and other countries in South America. Part III continues with the process of constitutional mapping by moving to a focus on those countries where impeachment is arguably an important but largely secondary or peripheral process. This includes chapters on Denmark, Iceland, Sri Lanka and the Philippines and flows through into Part IV’s focus on areas of the world where impeachment matters and may even be increasing in terms of visibility but, for a number of reasons, arguably exists within a satellite status in terms of constitutional processes and safeguards. The fifth and final section steps back in an attempt to assess impeachment processes from a broad comparative perspective. The collection presents the definitive text on impeachment for students and scholars with an interest in comparative public law, politics and constitutional studies.
Impeachment in a Global Context: Law, Politics, and Comparative Practice (Routledge Frontiers in Accountability Studies)
by Chris Monaghan Matthew Flinders Aziz Z. HuqThis volume considers the use of impeachment within a global context. The book brings together leading scholars and experts to give an insight into significant periods in the development of impeachment and its modern comparative use. Divided into five parts, the opening chapter introduces the topic and underlines its significance in terms of understanding the relationship and inter-dependence among politics, governance and the law. It also offers a novel conceptual framework that facilitates the global mapping of impeachment processes. Part I presents a thematic approach that explores the topic of impeachment through the lenses of democracy, human rights and the rule of law. With these themes in mind, Part II focuses on those parts of the world where impeachment is generally recognised as a core constitutional process including the United States, South Korea, Brazil and other countries in South America. Part III continues with the process of constitutional mapping by moving to a focus on those countries where impeachment is arguably an important but largely secondary or peripheral process. This includes chapters on Denmark, Iceland, Sri Lanka and the Philippines and flows through into Part IV’s focus on areas of the world where impeachment matters and may even be increasing in terms of visibility but, for a number of reasons, arguably exists within a satellite status in terms of constitutional processes and safeguards. The fifth and final section steps back in an attempt to assess impeachment processes from a broad comparative perspective. The collection presents the definitive text on impeachment for students and scholars with an interest in comparative public law, politics and constitutional studies.
IMPEACHMENT WENK C: What Everyone Needs to Know® (What Everyone Needs To Know®)
by Michael J. GerhardtImpeachment: What Everyone Needs to Know® is the step back and deep reflection on the law of impeachment that everyone needs now. Written in an accessible and lively question-and-answer format, it offers a timely explanation of the impeachment process from its very meaning to its role in politics today. The book defines the scope of impeachable offenses, and how the Constitution provides alternative procedures and sanctions for addressing misconduct in office. It explains why the only two presidential impeachments, those of Andrew Johnson and Bill Clinton, failed to lead to conviction, and how the impeachments of federal judges illuminate the law and politics of the process. As a legal expert and the only joint witness in the impeachment proceedings against President Clinton, author Michael J. Gerhardt also explores a question frequently asked-will Donald Trump be impeached? This book does not take a side in the debate over the possible impeachment of the president; instead, it is a primer for anyone eager to learn about impeachment's origins, practices, limitations, and alternatives.
The Imperative of Responsibility: In Search of an Ethics for the Technological Age
by Hans JonasHans Jonas here rethinks the foundations of ethics in light of the awesome transformations wrought by modern technology: the threat of nuclear war, ecological ravage, genetic engineering, and the like. Though informed by a deep reverence for human life, Jonas's ethics is grounded not in religion but in metaphysics, in a secular doctrine that makes explicit man's duties toward himself, his posterity, and the environment. Jonas offers an assessment of practical goals under present circumstances, ending with a critique of modern utopianism.
Imperativeness in Private International Law: A View from Europe
by Giovanni ZarraThis book centres on the ways in which the concept of imperativeness has found expression in private international law (PIL) and discusses “imperative norms”, and “imperativeness” as their intrinsic quality, examining the rules or principles that protect fundamental interests and/or the values of a state so as to require their application at any cost and without exceptions. Discussing imperative norms in PIL means referring to international public policy and overriding mandatory rules: in this book the origins, content, scope and effects of both these forms of imperativeness are analyzed in depth. This is a subject deserving further study, considering that very divergent opinions are still emerging within academia and case law regarding the differences between international public policy and overriding mandatory rules as well as with regard to their way of functioning.By using an approach mainly based on an analysis of the case law of the CJEU and of the courts of the various European countries, the book delves into the origin of imperativeness since Roman law, explains how imperative norms have evolved in the different conceptions of private international law, and clarifies the foundation of the differences between international public policy and overriding mandatory rules and how these concepts are used in EU Regulations on PIL (and in the practice related to these sources of law). Finally, the work discusses the influence of EU and public international law sources on the concept of imperativeness within the legal systems of European countries and whether a minimum content of imperativeness – mainly aimed at ensuring the protection of fundamental human rights in transnational relationships – between these countries has emerged. The book will prove an essential tool for academics with an interest in the analysis of these general concepts and practitioners having to deal with the functioning of imperative norms in litigation cases and in the drafting of international contracts. Giovanni Zarra is Assistant professor of international law and private international law and transnational litigation in the Department of Law of the Federico II University of Naples.
Imperatives for Legal Education Research: Then, Now and Tomorrow (Emerging Legal Education)
by Ben Golder Marina Nehme Alex Steel Prue VinesIn the last few decades university teaching has been recognised as an activity which can be studied and improved through educational scholarship. In some disciplines this is now well established. It remains emergent in legal education. The field is rich with questions to be answered, issues to be raised. This book provides the first overall review of legal education scholarship. The chapters outline the history of legal education research and provide a detailed analysis of the trends in areas of publication. Beyond this, the book suggests a typology for further conceptualising the field and a series of suggested paths for future research. The book originated from the 2017 UNSW conference "Research in Legal Education: State of the Art?" It features internationally respected authors who bring their perspectives on how legal education – as a field of research – should be conceptualised. The collection is arranged into three themes. First, a historical view is taken of the emergence of legal education scholarship and its roots that predate modern educational theory. Secondly, the book provides overviews of the extant field of publications, highlighting areas of interest and neglect, and delineating the trends in current publication. Thirdly, the book provides a set of suggested typologies for describing legal education research and a series of essays for future directions which both critique current approaches and provide inspiration for future directions. The State of Legal Education Research represents an authoritative introduction to the field, a set of conceptual tools with which to describe it, and inspiration for researchers to expand and grow research into legal education.
Imperatives for Legal Education Research: Then, Now and Tomorrow (Emerging Legal Education)
by Ben Golder Marina Nehme Alex Steel Prue VinesIn the last few decades university teaching has been recognised as an activity which can be studied and improved through educational scholarship. In some disciplines this is now well established. It remains emergent in legal education. The field is rich with questions to be answered, issues to be raised. This book provides the first overall review of legal education scholarship. The chapters outline the history of legal education research and provide a detailed analysis of the trends in areas of publication. Beyond this, the book suggests a typology for further conceptualising the field and a series of suggested paths for future research. The book originated from the 2017 UNSW conference "Research in Legal Education: State of the Art?" It features internationally respected authors who bring their perspectives on how legal education – as a field of research – should be conceptualised. The collection is arranged into three themes. First, a historical view is taken of the emergence of legal education scholarship and its roots that predate modern educational theory. Secondly, the book provides overviews of the extant field of publications, highlighting areas of interest and neglect, and delineating the trends in current publication. Thirdly, the book provides a set of suggested typologies for describing legal education research and a series of essays for future directions which both critique current approaches and provide inspiration for future directions. The State of Legal Education Research represents an authoritative introduction to the field, a set of conceptual tools with which to describe it, and inspiration for researchers to expand and grow research into legal education.
Imperceptible Harms and Benefits (Library of Ethics and Applied Philosophy #8)
by Michael J. AlmeidaThe papers collected here represent the most recent work on a much neglected problem in practical reasoning. It is the problem of imperceptible harms and benefits. It is perhaps better to characterize the problem as a collection of puzzles or paradoxes, since those who deny the existence (or possibility) of imperceptible decrements (or increments) face problems no less perplexing than those who affinn their existence. The puzzles and paradoxes combine very practical and pressing worries about our obligations to relieve starvation, mitigate suffering and conserve resources, with deep metaethical worries about the nature of practical rationality. I use these brief introductory pages to familiarize the reader with the basic set of problems examined in this collection. Most of us think that an action cannot be wrong if its effects are entirely and always imperceptible.· Jonathan Glover's fanciful example of the 100 armed bandits and the 100 Wlarmed tribesman clearly illustrates a deep worry with such moral reasoning.