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Bareboat Charters (Lloyd's Shipping Law Library)
by Mark DavisThis book examines for the first time the Barecon 2001 form which was adopted by the Documentary Committee of BIMCO in November 2001. The title explains the nature and formation of a bareboat charter, and examines and comments upon each of the clauses contained in the new form, drawing comparisons with the Barecon 89 form. It gives separate consideration to the form and the issues that arise in the context of finance charters and leases. It also provides valuable guidance upon the admiralty and arrest jurisdiction of the English court in relation to bareboat charters. The second edition has been thoroughly revised and updated, with extended commentary on the issues arising in the context of bareboat charters regarding insolvency, insurance and the provisions for new buildings.
Bareboat Charters (Lloyd's Shipping Law Library)
by Mark DavisThis book examines for the first time the Barecon 2001 form which was adopted by the Documentary Committee of BIMCO in November 2001. The title explains the nature and formation of a bareboat charter, and examines and comments upon each of the clauses contained in the new form, drawing comparisons with the Barecon 89 form. It gives separate consideration to the form and the issues that arise in the context of finance charters and leases. It also provides valuable guidance upon the admiralty and arrest jurisdiction of the English court in relation to bareboat charters. The second edition has been thoroughly revised and updated, with extended commentary on the issues arising in the context of bareboat charters regarding insolvency, insurance and the provisions for new buildings.
The Barefoot Lawyer: The Remarkable Memoir of China’s Bravest Political Activist
by Chen GuangchengIt was like a scene out of a thriller: one morning in April 2012, China’s most famous political activist—a blind, self-taught lawyer—climbed over the wall of his heavily guarded home and escaped. For days, his whereabouts remained unknown; after he turned up at the American embassy in Beijing, a furious round of high-level negotiations finally led to his release and a new life in the United States. Chen Guangcheng is a unique figure on the world stage, but his story is even more remarkable than we knew. The son of a poor farmer in rural China, blinded by illness when he was an infant, Chen was fortunate to survive a difficult childhood. But despite his disability, he was determined to educate himself and fight for the rights of his country’s poor, especially a legion of women who had endured forced sterilizations under the hated 'one child' policy. Repeatedly harassed, beaten, and imprisoned by Chinese authorities, Chen was ultimately placed under house arrest. After a year of fruitless protest and increasing danger, he evaded his captors and fled to freedom. Both a riveting memoir and a revealing portrait of modern China, this passionate book tells the story of a man who has never accepted limits and always believed in the power of the human spirit to overcome any obstacle.
Barlow’s Cohabitants and the Law
by David Josiah-LakeAs the number of couples choosing to live together (and not to marry) is on the rise, it is essential that access to what their legal rights and obligations are is readily available. The fourth edition of Barlow's Cohabitants and the Law provides a wealth of both new and updated information on important issues affecting cohabiting couples such as cohabitation agreements, disputes in relation to children, the family home and tax and social security. Part I focuses on the ongoing relationship and Part II with relationship breakdown.There have been significant legislative, procedural and case law developments since the publication of the third edition in all of the key areas of family, child, land and trust law that impact on cohabiting couples in much the same way as married couples, eg:- New child maintenance regulations (CMS)- Family Procedure Rules 2010- Human Fertilisation and Embryology Act 2008- Adoption and Children Act 2002 - Stack v Dowden [2007] UKHL 17, [2007] 2 ALL ER 929- Jones v Kernott [2011] UKSC 53, [2012] 1 AC 776; and - Bhurra v Bhurra [2014] EWHC 727, [2014] All ER (D) 213 (Mar) Mention is also be made of EU jurisdiction distinctions/differences.The practical stance of the work is enhanced by a precedents and checklist section, and the provision of a number of 'at a glance' comparative tables setting out the rights of cohabitants, married couples and civil partners in relation to property and housing, financial provision following breakdown of the relationship, child maintenance, death, pensions and more.
Barred: Why the Innocent Can't Get Out of Prison
by Daniel S. MedwedA groundbreaking exposé of how our legal system makes it nearly impossible to overturn wrongful convictions Thousands of innocent people are behind bars in the United States. But proving their innocence and winning their release is nearly impossible. In Barred, legal scholar Daniel S. Medwed argues that our justice system&’s stringent procedural rules are largely to blame for the ongoing punishment of the innocent. Those rules guarantee criminal defendants just one opportunity to appeal their convictions directly to a higher court. Afterward, the wrongfully convicted can pursue only a few narrow remedies. Even when there is strong evidence of a miscarriage of justice, rigid guidelines, bias, and deference toward lower courts all too often prevent exoneration. Offering clear explanations of legal procedures alongside heart-wrenching stories of their devastating impact, Barred exposes how the system is stacked against the innocent and makes a powerful call for change.
Barriers to Entailment: Hume's Law and other Limits on Logical Consequence
by Prof Gillian K. RussellA barrier to entailment exists if you can't get conclusions of a certain kind from premises of another. One of the most famous barriers in philosophy is Hume's Law, which says that you can't get normative conclusions from descriptive premises, or in slogan form: you can't get an ought from an is. This barrier is highly controversial, and many famous counterexamples were proposed in the last century. But there are other barriers which function almost as philosophical platitudes: no Universal conclusions from Particular premises, no Future conclusions from premises about the Past, and no claims that attribute Necessity from premises that merely tell us how things happen to be in the Actual world. Barriers to Entailment proposes a unified logical account of five barriers that have played important roles in philosophy, in the process showing how to diagnose proposed counterexamples and arguing that the case for Hume's Law is as strong as that for the platitudinous barriers. The first two parts of the book employ techniques from formal logic, but present them in an accessible way, suitable for any reader with some background in first-order model theory (of the kind that might be taught in a first class in logic). Gillian Russell introduces tense, modal, indexical, and deontic formal logics, but always avoids unneeded complexity. Each barrier is connected to broader philosophical topics: universality, time, necessity, context-sensitivity, and normativity. Russell brings out under-recognised connections between the domains and lays the groundwork for further work at the intersections. The last part of the book transposes the formal work to informal barrier theses in the philosophy of language, in the process doing new work on the concept of logical consequence, and providing new responses to proposed informal counterexamples to Hume's Law which employ hard-to-formalise tools from natural language, such as speech acts and thick normative expressions.
Barriers to Entailment: Hume's Law and other Limits on Logical Consequence
by Prof Gillian K. RussellA barrier to entailment exists if you can't get conclusions of a certain kind from premises of another. One of the most famous barriers in philosophy is Hume's Law, which says that you can't get normative conclusions from descriptive premises, or in slogan form: you can't get an ought from an is. This barrier is highly controversial, and many famous counterexamples were proposed in the last century. But there are other barriers which function almost as philosophical platitudes: no Universal conclusions from Particular premises, no Future conclusions from premises about the Past, and no claims that attribute Necessity from premises that merely tell us how things happen to be in the Actual world. Barriers to Entailment proposes a unified logical account of five barriers that have played important roles in philosophy, in the process showing how to diagnose proposed counterexamples and arguing that the case for Hume's Law is as strong as that for the platitudinous barriers. The first two parts of the book employ techniques from formal logic, but present them in an accessible way, suitable for any reader with some background in first-order model theory (of the kind that might be taught in a first class in logic). Gillian Russell introduces tense, modal, indexical, and deontic formal logics, but always avoids unneeded complexity. Each barrier is connected to broader philosophical topics: universality, time, necessity, context-sensitivity, and normativity. Russell brings out under-recognised connections between the domains and lays the groundwork for further work at the intersections. The last part of the book transposes the formal work to informal barrier theses in the philosophy of language, in the process doing new work on the concept of logical consequence, and providing new responses to proposed informal counterexamples to Hume's Law which employ hard-to-formalise tools from natural language, such as speech acts and thick normative expressions.
A Barrister's Guide to Your Personal Injury Claim
by Julian BensonEvery day, people get injured, often by accidents where no one is to blame. However, sometimes injuries happen because someone else - a person or an organisation - is at fault. These personal injuries can lead to compensation, particularly if the injury is life changing. Usually, people only experience one significant injury that leads to a personal injury claim in their lifetime. So, for most, dealing with a claim is unfamiliar and stressful, especially when they're already coping with the injury. This guide aims to explain the legal process and help injured individuals (and their loved ones) understand what to expect. Aimed at members of the public in England and Wales, this guide contains authoritative, impartial advice to enable individuals to understand and participate in their personal injury claim with confidence. The guide aims to: - Help you understand the legal process, what to expect, and your role. - Assist you in building a clear and reasonable claim, maximising the prospect that you will receive a reasonable compensation settlement. - Guide you in choosing the right representatives, assessing their service, identifying and addressing problems early, and replacing advisors if needed. It is written by a highly regarded specialist barrister with 30 years experience and is aimed at making the claims process less stressful whilst promoting fairer, quicker and more cost-effective settlements.
Base of the Pyramid 3.0: Sustainable Development through Innovation and Entrepreneurship
by Fernando Casado Caneque Stuart L. HartFor well over 4 billion people – approximately 60% of all humanity – annual income is less than $1,500. The term "Base of the Pyramid" was first coined by Stuart L. Hart and C.K. Prahalad in 2002 and has become synonymous with both the method by which we can more effectively address poverty and the opportunity that exists in a multi-trillion-dollar market. A whole new lexicon has emerged to describe this phenomenon, including new buzzwords and catch phrases like "inclusive business", "opportunities for the majority", "sustainable livelihoods", "pro-poor business" and “social business”, and thousands of new businesses, institutions and investment funds have been set up.In this ground-breaking new book, Stuart L. Hart and Fernando Casado Cañeque have worked with members of the BoP Global Network to shake the tree, look objectively at what has happened since 2002, highlight why earlier applications of BoP haven’t worked and propose new objectives and ways of working to formulate more sustainable solutions. The book challenges the reader and organizations to think about the mindset and purpose across whole organizations, open innovation rather than simply co-creation, and a complete review of the innovation ecosystem. Through this book, practitioners will gain a clearer insight into which business models can work within different communities to ensure a sustainable transition to improved local economies. Equally, the book is a must-read for researchers and students in the fields of entrepreneurship, innovation, sustainable development and environmental management.
Base of the Pyramid 3.0: Sustainable Development through Innovation and Entrepreneurship
by Fernando Casado Caneque Stuart L. HartFor well over 4 billion people – approximately 60% of all humanity – annual income is less than $1,500. The term "Base of the Pyramid" was first coined by Stuart L. Hart and C.K. Prahalad in 2002 and has become synonymous with both the method by which we can more effectively address poverty and the opportunity that exists in a multi-trillion-dollar market. A whole new lexicon has emerged to describe this phenomenon, including new buzzwords and catch phrases like "inclusive business", "opportunities for the majority", "sustainable livelihoods", "pro-poor business" and “social business”, and thousands of new businesses, institutions and investment funds have been set up.In this ground-breaking new book, Stuart L. Hart and Fernando Casado Cañeque have worked with members of the BoP Global Network to shake the tree, look objectively at what has happened since 2002, highlight why earlier applications of BoP haven’t worked and propose new objectives and ways of working to formulate more sustainable solutions. The book challenges the reader and organizations to think about the mindset and purpose across whole organizations, open innovation rather than simply co-creation, and a complete review of the innovation ecosystem. Through this book, practitioners will gain a clearer insight into which business models can work within different communities to ensure a sustainable transition to improved local economies. Equally, the book is a must-read for researchers and students in the fields of entrepreneurship, innovation, sustainable development and environmental management.
Base of the Pyramid Markets in Affluent Countries: Innovation and challenges to sustainability (Innovation and Sustainability in Base of the Pyramid Markets)
by Stefan GoldThe Frugal Innovation and Bottom of the Pyramid Markets series comprises four volumes, covering theoretical perspectives, themes and various aspects of interest across four key geographical regions where BOP markets are located - South America, Asia, Africa and more engineered countries. BOP always addresses the poorest people or socioeconomic order or groups within a country, society, region or continent, thus, this series contributes a profound understanding of BOP markets across the most important geographical areas around the world and presents valuable insights on how the private sector can work together with other stakeholders to develop and operationalize economically viable business models in BOP markets, all the while contributing to sustainable development. Private actors such as multinationals, SMEs and entrepreneurs have a critical role to play in achieving the Sustainable Development Goals agenda as laid down by United Nations in September 2015. Yet, BOP markets face unique challenges and the private sector alone cannot orchestrate sustainable value creation activities. Each volume presents several theoretical strands that highlight the diverse approaches and solutions to developing BOP markets further. Frugal, reverse and inclusive innovations can foster (sustainable) development and provide new business models and value streams that other countries can also benefit from. A variety of stylistic elements, such as research work, interviews and roundtable discussions, offer a wide and vivid impression of ongoing challenges and fruitful solutions.
Base of the Pyramid Markets in Affluent Countries: Innovation and challenges to sustainability (Innovation and Sustainability in Base of the Pyramid Markets)
by Stefan Gold Marlen Gabriele Arnold Judy N. Muthuri Ximena RuedaThe Frugal Innovation and Bottom of the Pyramid Markets series comprises four volumes, covering theoretical perspectives, themes and various aspects of interest across four key geographical regions where BOP markets are located - South America, Asia, Africa and more engineered countries. BOP always addresses the poorest people or socioeconomic order or groups within a country, society, region or continent, thus, this series contributes a profound understanding of BOP markets across the most important geographical areas around the world and presents valuable insights on how the private sector can work together with other stakeholders to develop and operationalize economically viable business models in BOP markets, all the while contributing to sustainable development. Private actors such as multinationals, SMEs and entrepreneurs have a critical role to play in achieving the Sustainable Development Goals agenda as laid down by United Nations in September 2015. Yet, BOP markets face unique challenges and the private sector alone cannot orchestrate sustainable value creation activities. Each volume presents several theoretical strands that highlight the diverse approaches and solutions to developing BOP markets further. Frugal, reverse and inclusive innovations can foster (sustainable) development and provide new business models and value streams that other countries can also benefit from. A variety of stylistic elements, such as research work, interviews and roundtable discussions, offer a wide and vivid impression of ongoing challenges and fruitful solutions.
Base of the Pyramid Markets in Latin America: Innovation and Challenges to Sustainability (Innovation and Sustainability in Base of the Pyramid Markets)
by Ximena Rueda Fajardo Marlen Gabriele Arnold Judy N. Muthuri Stefan GoldThis book focuses on the Base of the Pyramid (BOP) in Latin America and examines the role of the markets in serving low-income populations as consumers, distributors, and entrepreneurs. Deep inequalities, violence, and urbanisation characterise the region. Despite the reduction of poverty observed during the first two decades of the 21st century, Latin America is the most unequal region in the world. Outside active war zones, the region has the highest homicide rate in the world and violence and inequality are both deeply intertwined. Markets have a crucial role to play in closing this gap and offering job and income opportunities, especially to unemployed youth, paving the way for safer, more peaceful, and sustainable development. The book also offers a theoretical reflection on the role that community enterprises who manage common-pool resources can play in serving markets and creating income opportunities for the rural poor. The book is recommended for managers, policy makers, students, and scholars interested in Base of the Pyramid markets and their potential to lift people out of poverty and to promote a more equal society.
Base of the Pyramid Markets in Latin America: Innovation and Challenges to Sustainability (Innovation and Sustainability in Base of the Pyramid Markets)
by Ximena Rueda Fajardo, Marlen Gabriele Arnold, Judy N. Muthuri and Stefan GoldThis book focuses on the Base of the Pyramid (BOP) in Latin America and examines the role of the markets in serving low-income populations as consumers, distributors, and entrepreneurs. Deep inequalities, violence, and urbanisation characterise the region. Despite the reduction of poverty observed during the first two decades of the 21st century, Latin America is the most unequal region in the world. Outside active war zones, the region has the highest homicide rate in the world and violence and inequality are both deeply intertwined. Markets have a crucial role to play in closing this gap and offering job and income opportunities, especially to unemployed youth, paving the way for safer, more peaceful, and sustainable development. The book also offers a theoretical reflection on the role that community enterprises who manage common-pool resources can play in serving markets and creating income opportunities for the rural poor. The book is recommended for managers, policy makers, students, and scholars interested in Base of the Pyramid markets and their potential to lift people out of poverty and to promote a more equal society.
Baseball Cop
by Eddie DominguezExposing trafficking, theft, fraud, and gambling in the major leagues, a founding member of the MLB's Department of Investigations reveals a news-breaking true story of power and corruption. In the wake of 2005's sometimes contentious, sometimes comical congressional hearings on performance-enhancing drugs in baseball and the subsequent Mitchell Report, Major League Baseball established the Department of Investigations (DOI). An internal and autonomous unit, it was created to not only eliminate the use of steroids, but also to rid baseball of any other illegal, unsavory, or unethical activities. The DOI would investigate the dark side of the national pastime--gambling, age and identity fraud, human trafficking, cover-ups, and more--with the singular purpose of cleaning up the game. Eduardo Dominguez Jr. was a founding member of that first DOI team, leaving a stellar career with the Boston Police Department to join four other "supercops"--a group that included a 9/11 hero, a mob-buster, and narcotics experts--keeping watch over Major League Baseball. A decorated detective as well as a member of an FBI task force, Dominguez was initially reluctant to leave his law-enforcement career to work full-time in baseball. He had already seen the game's underbelly when he worked as a resident security agent (RSA) for the Boston Red Sox in 1999 and become wary of the game's commitment to any kind of reform. Only at the persuasion a widely respected NYPD detective tapped to lead the DOI did Dominguez agree to join the unit, which was the first--and last--of its kind in major American sports. "We could clean up this game," his new boss promised. In Baseball Cop, Dominguez shares the shocking revelations he confronted every day for six years with the DOI and nine as an RSA. He shines a light on the inner workings of the commissioner's office and the complicity of baseball's bosses in dealing with the misdeeds compromising the integrity of the game. Dominguez details the investigations and the obstacles--from the Biogenesis scandal to the perilous trafficking of Cuban players now populating the game to the theft of prospects' signing bonuses by buscones, street agents, and even clubs' employees. He further reveals how the mandates of former senator George Mitchell's report were modified or ignored altogether. Bracing and eye-opening, Baseball Cop is a wake-up call for anyone concerned about America's national pastime.
The Baseball Trust: A History of Baseball's Antitrust Exemption
by Stuart BannerThe impact of antitrust law on sports is in the news all the time, especially when there is labor conflict between players and owners, or when a team wants to move to a new city. And if the majority of Americans have only the vaguest sense of what antitrust law is, most know one thing about it-that baseball is exempt. In The Baseball Trust, legal historian Stuart Banner illuminates the series of court rulings that resulted in one of the most curious features of our legal system-baseball's exemption from antitrust law. A serious baseball fan, Banner provides a thoroughly entertaining history of the game as seen through the prism of an extraordinary series of courtroom battles, ranging from 1890 to the present. The book looks at such pivotal cases as the 1922 Supreme Court case which held that federal antitrust laws did not apply to baseball; the 1972 Flood v. Kuhn decision that declared that baseball is exempt even from state antitrust laws; and several cases from the 1950s, one involving boxing and the other football, that made clear that the exemption is only for baseball, not for sports in general. Banner reveals that for all the well-documented foibles of major league owners, baseball has consistently received and followed antitrust advice from leading lawyers, shrewd legal advice that eventually won for baseball a protected legal status enjoyed by no other industry in America. As Banner tells this fascinating story, he also provides an important reminder of the path-dependent nature of the American legal system. At each step, judges and legislators made decisions that were perfectly sensible when considered one at a time, but that in total yielded an outcome-baseball's exemption from antitrust law-that makes no sense at all.
The Baseball Trust: A History of Baseball's Antitrust Exemption
by Stuart BannerThe impact of antitrust law on sports is in the news all the time, especially when there is labor conflict between players and owners, or when a team wants to move to a new city. And if the majority of Americans have only the vaguest sense of what antitrust law is, most know one thing about it-that baseball is exempt. In The Baseball Trust, legal historian Stuart Banner illuminates the series of court rulings that resulted in one of the most curious features of our legal system-baseball's exemption from antitrust law. A serious baseball fan, Banner provides a thoroughly entertaining history of the game as seen through the prism of an extraordinary series of courtroom battles, ranging from 1890 to the present. The book looks at such pivotal cases as the 1922 Supreme Court case which held that federal antitrust laws did not apply to baseball; the 1972 Flood v. Kuhn decision that declared that baseball is exempt even from state antitrust laws; and several cases from the 1950s, one involving boxing and the other football, that made clear that the exemption is only for baseball, not for sports in general. Banner reveals that for all the well-documented foibles of major league owners, baseball has consistently received and followed antitrust advice from leading lawyers, shrewd legal advice that eventually won for baseball a protected legal status enjoyed by no other industry in America. As Banner tells this fascinating story, he also provides an important reminder of the path-dependent nature of the American legal system. At each step, judges and legislators made decisions that were perfectly sensible when considered one at a time, but that in total yielded an outcome-baseball's exemption from antitrust law-that makes no sense at all.
Baseline of Russian Arctic Laws: The Authentic English Translation (Springer Polar Sciences)
by Paul Arthur Berkman Alexander N. Vylegzhanin Oran R. YoungThis book is the first comprehensive and authoritative translation into English of national and international laws of Russia that relate to the Arctic from the early 19th century to the present, revealing the historical and current context of sovereignty, sovereign rights and jurisdiction across nearly half of the north polar region. The Russian original version was coordinated by Igor Sergeyevich Ivanov, former Foreign Minister of the Russian Federation and currently the President of the Russian International Affairs Council.This unique translation complements all legal, geopolitical and governance analyses of the Arctic as a primary source of information, without interpretation or bias. The Baseline of Russian Arctic Laws is a treasure trove for diplomats, scholars and students who are involved with the international environmental, economic and societal dynamics of the Arctic, balancing national interests and common interests to achieve sustainability of the high north for the benefit of all across generations in our globally-interconnected civilization.
Basher Science Mini: Forensics (Basher #141)
by Tom JacksonLearn how to collect the evidence and crack the case in this fascinating guide to the world of forensic science. Chemistry (Hello, Chemical Analysis!), biology (That’s you, DNA and Autopsy!), and physics (I’m looking at you, Blood Spatter and Ballistics!) are all on hand to help detectives find the guilty party. From explaining the different types of crimes (and punishments), through collecting evidence and analysing it, to fascinating profiles of real-life jobs in forensic science, kids will love reading all about how crimes are solved.With age-appropriate real-world examples, Basher Science Mini brings science to life.
Basic Concepts in Environmental Management
by Kenneth M. MackenthunEnvironmental professionals are (and will continue to be) under increased pressure to become more knowledgeable of environmental management issues.Basic Concepts in Environmental Management fulfills the long-standing need for fundamental knowledge-especially concerning government regulations on environmental and natural resource protection.As a leading environmental professional and consultant since the 1940s, Kenneth M. Mackenthun offers a unique perspective on the breadth, scope, and ever-constant change in environmental legislation at the federal, state, and local levels... and what those guidelines signify for industry and citizens alike.By maintaining an awareness of existing and forthcoming laws, environmentalists can substantially enhance their career potential-and be in a better position to protect the land, air, and sea. The starting point for that knowledge: Basic Concepts in Environmental Management.
Basic Concepts in Environmental Management
by Kenneth M. MackenthunEnvironmental professionals are (and will continue to be) under increased pressure to become more knowledgeable of environmental management issues.Basic Concepts in Environmental Management fulfills the long-standing need for fundamental knowledge-especially concerning government regulations on environmental and natural resource protection.As a leading environmental professional and consultant since the 1940s, Kenneth M. Mackenthun offers a unique perspective on the breadth, scope, and ever-constant change in environmental legislation at the federal, state, and local levels... and what those guidelines signify for industry and citizens alike.By maintaining an awareness of existing and forthcoming laws, environmentalists can substantially enhance their career potential-and be in a better position to protect the land, air, and sea. The starting point for that knowledge: Basic Concepts in Environmental Management.
Basic Concepts of Criminal Law
by George P. FletcherIn the United States today criminal justice can vary from state to state, as various states alter the Modern Penal Code to suit their own local preferences and concerns. In Eastern Europe, the post-Communist countries are quickly adopting new criminal codes to reflect their specific national concerns as they gain autonomy from what was once a centralized Soviet policy. As commonalities among countries and states disintegrate, how are we to view the basic concepts of criminal law as a whole? Eminent legal scholar George Fletcher acknowledges that criminal law is becoming increasingly localized, with every country and state adopting their own conception of punishable behavior, determining their own definitions of offenses. Yet by taking a step back from the details and linguistic variations of the criminal codes, Fletcher is able to perceive an underlying unity among diverse systems of criminal justice. Challenging common assumptions, he discovers a unity that emerges not on the surface of statutory rules and case law but in the underlying debates that inform them. Basic Concepts of Criminal Law identifies a set of twelve distinctions that shape and guide the controversies that inevitably break out in every system of criminal justice. Devoting a chapter to each of these twelve concepts, Fletcher maps out what he considers to be the deep structure of all systems of criminal law. Understanding these distinctions will not only enable students to appreciate the universal fundamental ideas of criminal law, but will enable them to understand the significance of local details and variations. This accessible illustration of the unity of diverse systems of criminal justice will provoke and inform students and scholars of law and the philosophy of law, as well as lawyers seeking a better understanding of the law they practice.
Basic Concepts of Probability and Statistics in the Law
by Michael O. FinkelsteinWhen as a practicing lawyer I published my ?rst article on statistical evidence in 1966, the editors of the Harvard Law Review told me that a mathematical equa- 1 tion had never before appeared in the review. This hardly seems possible - but if they meant a serious mathematical equation, perhaps they were right. Today all that has changed in legal academia. Whole journals are devoted to scienti?c methods in law or empirical studies of legal institutions. Much of this work involves statistics. Columbia Law School, where I teach, has a professor of law and epidemiology and other law schools have similar “law and” professorships. Many offer courses on statistics (I teach one) or, more broadly, on law and social science. The same is true of practice. Where there are data to parse in a litigation, stat- ticians and other experts using statistical tools now frequently testify. And judges must understand them. In 1993, in its landmark Daubert decision, the Supreme Court commanded federal judges to penetrate scienti?c evidence and ?nd it “re- 2 liable” before allowing it in evidence. It is emblematic of the rise of statistics in the law that the evidence at issue in that much-cited case included a series of epidemiological studies. The Supreme Court’s new requirement made the Federal Judicial Center’s Reference Manual on Scienti?c Evidence, which appeared at about the same time, a best seller. It has several important chapters on statistics.
Basic Desert, Reactive Attitudes and Free Will
by Maureen Sie and Derk PereboomBasic Desert, Reactive Attitudes and Free Will addresses the issue of whether we can make sense of the widespread conviction that we are morally responsible beings. It focuses on the claim that we deserve to be blamed and punished for our immoral actions, and how this claim can be justified given the philosophical and scientific reasons to believe that we lack the sort of free will required for this sort of desert. Contributions to the book distinguish between, and explore, two clusters of questions. The first asks what it is to deserve to be harmed or benefitted. What are the bases for desert – actions, good character, bad character, the omission of good character traits? The second cluster explores the disagreement between compatabilists and incompatibilists surrounding the nature of desert. Do we deserve to be harmed, benefitted, or judged, even if we lack the ability to act differently, and if we do not, what effect does this have on our everyday actions? Taken in full, this book sheds light on the notion of desert implicated in our practice of holding each other morally responsible. This book was originally published as a special issue of Philosophical Explorations.
Basic Desert, Reactive Attitudes and Free Will
by Maureen Sie Derk PereboomBasic Desert, Reactive Attitudes and Free Will addresses the issue of whether we can make sense of the widespread conviction that we are morally responsible beings. It focuses on the claim that we deserve to be blamed and punished for our immoral actions, and how this claim can be justified given the philosophical and scientific reasons to believe that we lack the sort of free will required for this sort of desert. Contributions to the book distinguish between, and explore, two clusters of questions. The first asks what it is to deserve to be harmed or benefitted. What are the bases for desert – actions, good character, bad character, the omission of good character traits? The second cluster explores the disagreement between compatabilists and incompatibilists surrounding the nature of desert. Do we deserve to be harmed, benefitted, or judged, even if we lack the ability to act differently, and if we do not, what effect does this have on our everyday actions? Taken in full, this book sheds light on the notion of desert implicated in our practice of holding each other morally responsible. This book was originally published as a special issue of Philosophical Explorations.