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The Lockerbie Bombing: A Father’s Search for Justice
by Jim Swire Peter BiddulphThe destruction of Pan Am Flight 103 over the Scottish town of Lockerbie in December 1988 was the largest attack on Britain since World War Two. 259 passengers and 11 townsfolk of Lockerbie were murdered. Libyan Abdelbaset al-Megrahi was convicted of the crime. He maintained his innocence until his death in 2012.Among the passengers was Flora, beloved daughter of Dr Jim Swire. Jim accepted American claims that Libya was responsible, but during the Lockerbie Trial he began to distrust key witnesses and supposed firm evidence. Since then it has been revealed that the USA paid millions of dollars to two central identification witnesses, and the only forensic evidence central to the prosecution has been discredited.The book takes us along Dr. Swire’s journey as his initial grief and loss becomes a campaign to uncover the truth behind not only a personal tragedy but one of the modern world’s most shocking events.
Lockout-Tagout: Verriegelung Von Stellgliedern Zur Umfassenden Wartungssicherung Von Maschinen (essentials)
by Lars Schnieder Tim-Colin UhdeDas Inverkehrbringen und der Betrieb von Maschinen erfordern, das Einhalten von (Sicherheits-)Anforderungen zu dokumentieren, in Gefährdungsbeurteilungen das Risiko zu ermitteln, Schutzmaßnahmen abzuleiten und umzusetzen. Trotz des einheitlichen Rechtsrahmens kommt es gerade bei Instandhaltungsarbeiten weiterhin zu schweren Arbeitsunfällen, z.B. durch unkontrolliert austretende Energien wegen deaktivierter Schutzmechanismen. Die Autoren führen in den Rechtsrahmen der Maschinen- und Betriebssicherheit ein und leiten daraus die wichtige Absicherung unkontrollierter Energiequellen während der Instandhaltung ab. Mit Lockout-Tagout stellen sie ein anerkanntes Verfahren zur Verbesserung der Betriebssicherheit vor. Hierzu kombinieren die Autoren Verfahrensanweisungen, technische Maßnahmen und Schulungen mit einer kontinuierlichen Überwachung der Wirksamkeit der Maßnahmen.Die AutorenDr.-Ing. Lars Schnieder verantwortet in einer Software-Entwicklungsfirma das Geschäftsfeld Sicherheitsbegutachtung. Er ist international als Sachverständiger für die Maschinen- und Betriebssicherheit tätig.Tim-Colin Uhde ist in dieser Firma als Sachverständiger für die Maschinen- und Betriebssicherheit tätig.
Lockout-Tagout: Verriegelung von Stellgliedern zur umfassenden Wartungssicherung von Maschinen (essentials)
by Lars Schnieder Tim-Colin UhdeDas Inverkehrbringen und der Betrieb von Maschinen erfordern, das Einhalten von (Sicherheits-)Anforderungen zu dokumentieren, in Gefährdungsbeurteilungen das Risiko zu ermitteln, Schutzmaßnahmen abzuleiten und umzusetzen. Trotz des einheitlichen Rechtsrahmens kommt es gerade bei Instandhaltungsarbeiten weiterhin zu schweren Arbeitsunfällen, z.B. durch unkontrolliert austretende Energien wegen deaktivierter Schutzmechanismen. Die Autoren führen in den Rechtsrahmen der Maschinen- und Betriebssicherheit ein und leiten daraus die wichtige Absicherung unkontrollierter Energiequellen während der Instandhaltung ab. Mit Lockout-Tagout stellen sie ein anerkanntes Verfahren zur Verbesserung der Betriebssicherheit vor. In der 2. Auflage dieses Buches wurde die systematische Vorgehensweise zur Umsetzung eines Programms zur Gefährdungsbeherrschung von Betreibern von Maschinen grundlegend erweitert und ergänzt. Hierzu kombinieren die Autoren Verfahrensanweisungen, technische Maßnahmen und Schulungen mit einer kontinuierlichen Überwachung der Wirksamkeit der Maßnahmen.
Logic And Experience: The Origin Of Modern American Legal Education
by William P. LaPianaThe 19th century saw dramatic changes in the legal education system in the United States. Before the Civil War, lawyers learned their trade primarily through apprenticeship and self-directed study. By the end of the 19th century, the modern legal education system which was developed primarily by Dean Christopher Langdell at Harvard was in place: a bachelor's degree was required for admission to the new model law school, and a law degree was promoted as the best preparation for admission to the bar. William P. LaPiana provides an in-depth study of the intellectual history of the transformation of American legal education during this period. In the process, he offers a revisionist portrait of Langdell, the Dean of Harvard Law School from 1870 to 1900, and the earliest proponent for the modern method of legal education, as well as portraying for the first time the opposition to the changes at Harvard.
Logic and Experience: The Origin of Modern American Legal Education
by William P. LaPianaThe 19th century saw dramatic changes in the legal education system in the United States. Before the Civil War, lawyers learned their trade primarily through apprenticeship and self-directed study. By the end of the 19th century, the modern legal education system which was developed primarily by Dean Christopher Langdell at Harvard was in place: a bachelor's degree was required for admission to the new model law school, and a law degree was promoted as the best preparation for admission to the bar. William P. LaPiana provides an in-depth study of the intellectual history of the transformation of American legal education during this period. In the process, he offers a revisionist portrait of Langdell, the Dean of Harvard Law School from 1870 to 1900, and the earliest proponent for the modern method of legal education, as well as portraying for the first time the opposition to the changes at Harvard.
Logic in Law: Remarks on Logic and Rationality in Normative Reasoning, Especially in Law (Law and Philosophy Library #6)
by A. SoetemanThe study presented in this book was entered upon by me from a legal point of view. 'Legal logic' has been known for a long time, concerning itself with the methodology of legal and in particular judicial reasoning. In modern days, however, this 'legal logic' is sometimes also connected with modern formal logic, as it has been developed in the works of G. Boole, A. de Morgan, G. Frege, C.S. Peirce, E. Schroder, G. Peano, A.N. Whitehead, B. Russell and others. For me this gave rise to the as yet not very specific question about the meaning of modern symbolic logic for law. Already in an early stage it appeared that, although traditional legal logic and modern symbolic logic both concern logic, this may not create the misapprehension that a similar matter is at issue. Both concern themselves (among other things) with reasonings and reasoning. Traditional legal logic is, however, as it was said by the German legal theoretician K. Engisch: "a material logic that wants us to reflect on what we have to do if we -within the limits of actual possibility- wish to reach true, or at least correct judgements" (Engisch, 1964, p.5). Modern symbolic logic on the other hand is not concerned with the truth or correctness of the result of an argument, but with its validity, i.e. the question when or under which conditions the truth (correctness) of the conclusion is guaranteed by the truth (correctness) of the premisses.
Logic in the Theory and Practice of Lawmaking (Legisprudence Library #2)
by Michał Araszkiewicz Krzysztof PłeszkaThis book presents the current state of the art regarding the application of logical tools to the problems of theory and practice of lawmaking. It shows how contemporary logic may be useful in the analysis of legislation, legislative drafting and legal reasoning concerning different contexts of law making.Elaborations of the process of law making have variously emphasised its political, social or economic aspects. Yet despite strong interest in logical analyses of law, questions remains about the role of logical tools in law making. This volume attempts to bridge that gap, or at least to narrow it, drawing together some important research problems—and some possible solutions—as seen through the work of leading contemporary academics.The volume encompasses 20 chapters written by authors from 16 countries and it presents diversified views on the understanding of logic (from strict mathematical approaches to the informal, argumentative ones) and differentiated choices concerning the aspects of law making taken into account. The book presents a broad set of perspectives, insights and results into the emerging field of research devoted to the logical analysis of the area of creation of law.How does logic inform lawmaking?Are legal systems consistent and complete?How can legal rules be represented by means of formal calculi and visualization techniques?Does the structure of statutes or of legal systems resemble the structure of deductive systems?What are the logical relations between the basic concepts of jurisprudence that constitute the system of law?How are theories of legal interpretation relevant to the process of legislation?How might the statutory text be analysed by means of contemporary computer programs?These and other questions, ranging from the theoretical to the immediately practical, are addressed in this definitive collection.
The Logic of Autonomy: Law, Morality and Autonomous Reasoning (Law and Practical Reason)
by Jan-R SieckmannAutonomy is the central idea of modern practical philosophy. Understood as self-legislation, autonomy seems to require that the validity of norms depends on recognition, namely, that their addressees, being autonomous agents, recognise these norms to be valid. But how can one be bound by norms whose validity depends on their being recognised as valid by their addressees? The questions of how autonomous morality and, on this basis, the authoritative character of law can be understood, present persistent puzzles that have been widely discussed, but still await a satisfactory solution.This book presents an analysis of the idea of autonomy as self-legislation and its consequences for law and morality. It links the idea of autonomy with the idea of the balancing of normative arguments, develops a notion of normative arguments as distinct from normative judgements and statements and explains claims to correctness and objectivity that are found in normative discourse. Thus, a 'logic of autonomy' emerges, and it is pervasive in normative reasoning. It connects theses regarding the logic of norms, the structure of balancing, human and fundamental rights, legal validity, legal interpretation, and the relations among legal systems, offering a theory of central elements of normative argumentation, a theory that is undergirded by the mutual relations that exist between and among its parts as well as through the relations that it bears to other theories. Moreover, it offers an alternative to Kantian notions of autonomy and provides solutions to problems that other theories have failed to master.
The Logic of Autonomy: Law, Morality and Autonomous Reasoning (Law and Practical Reason)
by Jan-R SieckmannAutonomy is the central idea of modern practical philosophy. Understood as self-legislation, autonomy seems to require that the validity of norms depends on recognition, namely, that their addressees, being autonomous agents, recognise these norms to be valid. But how can one be bound by norms whose validity depends on their being recognised as valid by their addressees? The questions of how autonomous morality and, on this basis, the authoritative character of law can be understood, present persistent puzzles that have been widely discussed, but still await a satisfactory solution.This book presents an analysis of the idea of autonomy as self-legislation and its consequences for law and morality. It links the idea of autonomy with the idea of the balancing of normative arguments, develops a notion of normative arguments as distinct from normative judgements and statements and explains claims to correctness and objectivity that are found in normative discourse. Thus, a 'logic of autonomy' emerges, and it is pervasive in normative reasoning. It connects theses regarding the logic of norms, the structure of balancing, human and fundamental rights, legal validity, legal interpretation, and the relations among legal systems, offering a theory of central elements of normative argumentation, a theory that is undergirded by the mutual relations that exist between and among its parts as well as through the relations that it bears to other theories. Moreover, it offers an alternative to Kantian notions of autonomy and provides solutions to problems that other theories have failed to master.
The Logic of Commitment (Routledge Focus on Philosophy)
by Gary ChartierThis book develops and defends a conception of commitment and explores its limits. Gary Chartier shows how commitment serves to resolve conflicts between ordinary moral intuitions and the reality that the basic aspects of human well-being are incommensurable. He outlines a variety of overlapping and mutually reinforcing rationales for making commitments, explores the relationship between commitment and vocation and the relevance of commitment to love, and notes some reasons why it might make sense to disregard one’s commitments. The Logic of Commitment will appeal to ethicists interested in the connection between commitment and personal well-being, and to anyone who wonders why and when it might make sense to make or keep commitments.
The Logic of Commitment (Routledge Focus on Philosophy)
by Gary ChartierThis book develops and defends a conception of commitment and explores its limits. Gary Chartier shows how commitment serves to resolve conflicts between ordinary moral intuitions and the reality that the basic aspects of human well-being are incommensurable. He outlines a variety of overlapping and mutually reinforcing rationales for making commitments, explores the relationship between commitment and vocation and the relevance of commitment to love, and notes some reasons why it might make sense to disregard one’s commitments. The Logic of Commitment will appeal to ethicists interested in the connection between commitment and personal well-being, and to anyone who wonders why and when it might make sense to make or keep commitments.
The Logic of Consent: The Diversity and Deceptiveness of Consent as a Defense to Criminal Conduct (Law, Justice and Power)
by Peter WestenThe Logic of Consent analyzes the varied nature of consent arguments in criminal law and examines the confusions that commonly arise from the failure of legislatures, courts and commentators to understand them. Peter Westen skillfully argues that the conceptual aspect accounts for a significant number of the difficulties that legislatures, courts and scholars have with consent in criminal cases; he observes that consent masquerades as a single kind of event when, in reality, it refers to diverse and sometimes mutually exclusive kinds of events. Specifically, consent is used in law to refer to three pairs of contrasting kinds of events: factual versus legal, attitudinal versus expressive, and prescriptive versus imputed. While Westen takes no position on whether the substance of existing defenses of consent in criminal law ought to be enlarged or reduced in scope, he examines each of these contrasting events and analyzes the normative confusions they produce.
The Logic of Consent: The Diversity and Deceptiveness of Consent as a Defense to Criminal Conduct (Law, Justice and Power)
by Peter WestenThe Logic of Consent analyzes the varied nature of consent arguments in criminal law and examines the confusions that commonly arise from the failure of legislatures, courts and commentators to understand them. Peter Westen skillfully argues that the conceptual aspect accounts for a significant number of the difficulties that legislatures, courts and scholars have with consent in criminal cases; he observes that consent masquerades as a single kind of event when, in reality, it refers to diverse and sometimes mutually exclusive kinds of events. Specifically, consent is used in law to refer to three pairs of contrasting kinds of events: factual versus legal, attitudinal versus expressive, and prescriptive versus imputed. While Westen takes no position on whether the substance of existing defenses of consent in criminal law ought to be enlarged or reduced in scope, he examines each of these contrasting events and analyzes the normative confusions they produce.
The Logic of Constitutional Rights (Applied Legal Philosophy)
by Eric HeinzeIndividual rights raise endless conflicts and spawn intricate standards and policies. Increasing involvement by courts has added still greater complexity. It would seem that few meaningful principles can unite an area of law plagued by such uncertainty. In this book the author argues that a fixed structure underlies that complexity, determining the kinds of arguments that can be made about individual rights. Examples are drawn from the world's oldest and most intricate body of law on civil rights and liberties: the case law of the United States Supreme Court. Yet the model is designed to account for any legal system that recognizes civil rights and liberties. The author applies techniques of logical analysis (although no prior knowledge of logic is required) to identify a deeper discursive structure. He shows how simple concepts of harm and consent, which do not ordinarily appear to be relevant in all cases, provide unity within and across regimes of individual rights.
The Logic of Constitutional Rights (Applied Legal Philosophy)
by Eric HeinzeIndividual rights raise endless conflicts and spawn intricate standards and policies. Increasing involvement by courts has added still greater complexity. It would seem that few meaningful principles can unite an area of law plagued by such uncertainty. In this book the author argues that a fixed structure underlies that complexity, determining the kinds of arguments that can be made about individual rights. Examples are drawn from the world's oldest and most intricate body of law on civil rights and liberties: the case law of the United States Supreme Court. Yet the model is designed to account for any legal system that recognizes civil rights and liberties. The author applies techniques of logical analysis (although no prior knowledge of logic is required) to identify a deeper discursive structure. He shows how simple concepts of harm and consent, which do not ordinarily appear to be relevant in all cases, provide unity within and across regimes of individual rights.
The Logic of Equality: A Formal Analysis of Non-Discrimination Law (Routledge Revivals Ser.)
by Eric HeinzeThis title was first published in 2003. The Logic of Equality proposes a formal-logical method for examining the indeterminacy of legal discourse, using the example of the non-discrimination norm. It shows that the indeterminacy of a legal concept does not mean that it is completely chaotic - the indeterminacy of the non-discrimination norm arises out of, and presupposes, a determinate formal structure, which remains fixed and constant both within and across jurisdictions, regardless of institutional or doctrinal differences. To illustrate the argument, cases are presented from a variety of jurisdictions including the United States Supreme Court, the European Court of Human Rights, the European Court of Justice, and the German Constitutional Court. The book is aimed at theorists who are interested in the analysis of legal discourse, including comparative legal scholars and those who specialise in human rights and/or discrimination law.
The Logic of Equality: A Formal Analysis of Non-Discrimination Law
by Eric HeinzeThis title was first published in 2003. The Logic of Equality proposes a formal-logical method for examining the indeterminacy of legal discourse, using the example of the non-discrimination norm. It shows that the indeterminacy of a legal concept does not mean that it is completely chaotic - the indeterminacy of the non-discrimination norm arises out of, and presupposes, a determinate formal structure, which remains fixed and constant both within and across jurisdictions, regardless of institutional or doctrinal differences. To illustrate the argument, cases are presented from a variety of jurisdictions including the United States Supreme Court, the European Court of Human Rights, the European Court of Justice, and the German Constitutional Court. The book is aimed at theorists who are interested in the analysis of legal discourse, including comparative legal scholars and those who specialise in human rights and/or discrimination law.
The Logic of Estrangement: Reason in an Unreasonable Form
by Julius SensatThe book recasts the concept of estrangement as `reason in an unreasonable form', traces its development in writings of Kant, Hegel, and Marx, supplies a game-theoretic reconstruction of it, and assesses its significance for a critical understanding of John Rawls's philosophy.
The Logic of Human Rights: From Subject/Object Dichotomy to Topo-Logic (Elgar Studies in Human Rights)
by Ekaterina Yahyaoui KrivenkoConceptualizing the nature of reality and the way the world functions, Ekaterina Yahyaoui Krivenko analyzes the foundations of human rights law in the strict subject/object dichotomy. Seeking to dismantle this dichotomy using topo-logic, a concept developed by Japanese philosopher Nishida Kitaro, this topical book formulates ways to operationalize alternative visions of human rights practice.Subject/object dichotomy, Yahyaoui Krivenko demonstrates, emerges from and reflects a particular Western worldview through a quest for rationality and formal logic. Taking a metaphysical and epistemological perspective, this book explores the alternative views of reality and logic, developed by Kitaro, to demonstrate how topo-logic can enable both a theoretical and a practical renewal of human rights and overcome the subject/object dichotomy. Examining the recent growth of social movements, decolonization and diversification of discourses about human rights, and substantive equality, the book identifies these developments in contemporary human rights as indications of a movement towards a topo-logical view beyond the subject/object dichotomy.Students and scholars of critical legal studies, legal theory and philosophy, and international human rights law will find this book to be an invigorating read. Laying ground for the possible renewal and enhancement of human rights law, it will also be a useful resource for practitioners of human rights law.
The Logic of Innovation: Intellectual Property, and What the User Found There (Intellectual Property, Theory, Culture)
by Johanna GibsonThe Logic of Innovation examines not merely the supposed problem of the efficacy and relevance of intellectual property, and the nature of innovation and creativity in a digital environment, but also the very circumstances of that inquiry itself. Social life has itself become a sphere of production, but how might that be understood within the cultural and structural transformation of creativity, innovation and property? Through a highly original interlocutory and therapeutic approach to the issues in play, the author addresses the concepts of innovation and the digital by means of an investigation through literature and the imagination of new scenarios for language, business and legal reform. The book undertakes a complex inquiry into innovation and property through the wonder of Alice’s journeys in Wonderland and through the Looking-glass. The author presents a new theory of familiar production to account for the kinship that has emerged in both informal and commercial modes of innovation, and foregrounds the value of use as crucial to the articulation of intellectual property within contemporary models of production and commercialization in the digital.
The Logic of Innovation: Intellectual Property, and What the User Found There (Intellectual Property, Theory, Culture)
by Johanna GibsonThe Logic of Innovation examines not merely the supposed problem of the efficacy and relevance of intellectual property, and the nature of innovation and creativity in a digital environment, but also the very circumstances of that inquiry itself. Social life has itself become a sphere of production, but how might that be understood within the cultural and structural transformation of creativity, innovation and property? Through a highly original interlocutory and therapeutic approach to the issues in play, the author addresses the concepts of innovation and the digital by means of an investigation through literature and the imagination of new scenarios for language, business and legal reform. The book undertakes a complex inquiry into innovation and property through the wonder of Alice’s journeys in Wonderland and through the Looking-glass. The author presents a new theory of familiar production to account for the kinship that has emerged in both informal and commercial modes of innovation, and foregrounds the value of use as crucial to the articulation of intellectual property within contemporary models of production and commercialization in the digital.
The Logic of Legal Argumentation: Multi-Modal Perspectives (Law, Language and Communication)
by Marko NovakMulti-modal argumentation with its logical, emotional, visceral and kisceral arguments is an important addition to logical argumentation, especially when real-life situations are considered. It does not discard logic but adds other modes of argumentation to complement it, to emphasize the realistic environments of communication. In this sense, the multi-modal theory is important for the area of legal argumentation, where even in the reasoning of judicial decisions traces of a flesh-and-blood personality, who decided the case and wrote the reasons, can be found. This book presents a comprehensive analysis of this informal logic in legal argumentation and its practicality within the law. It argues that by building on the dialectical and rhetorical models of legal argument, the former being important for clear cases while the latter for unclear ones, the multi-modal theory of legal argumentation brings together logic and psychology in a holistic or integral perspective. The approach is not only descriptive, identifying the traces of alternate arguments in judicial decisions, but is also normative, presenting the criteria for evaluation that multi-modal arguments need to face to attain validity in the legal context. The work will be of interest to academics and researchers in the areas of Legal Theory, Legal Linguistics, Philosophy of Law, and Communication Studies.
The Logic of Legal Argumentation: Multi-Modal Perspectives (Law, Language and Communication)
by Marko NovakMulti-modal argumentation with its logical, emotional, visceral and kisceral arguments is an important addition to logical argumentation, especially when real-life situations are considered. It does not discard logic but adds other modes of argumentation to complement it, to emphasize the realistic environments of communication. In this sense, the multi-modal theory is important for the area of legal argumentation, where even in the reasoning of judicial decisions traces of a flesh-and-blood personality, who decided the case and wrote the reasons, can be found. This book presents a comprehensive analysis of this informal logic in legal argumentation and its practicality within the law. It argues that by building on the dialectical and rhetorical models of legal argument, the former being important for clear cases while the latter for unclear ones, the multi-modal theory of legal argumentation brings together logic and psychology in a holistic or integral perspective. The approach is not only descriptive, identifying the traces of alternate arguments in judicial decisions, but is also normative, presenting the criteria for evaluation that multi-modal arguments need to face to attain validity in the legal context. The work will be of interest to academics and researchers in the areas of Legal Theory, Legal Linguistics, Philosophy of Law, and Communication Studies.
The Logic of Love: Christian Ethics and Moral Psychology (T&T Clark Enquiries in Theological Ethics)
by Andrew J. CameronOverviewing what makes the intersection between emotion and ethics so confusing, this book surveys an older wisdom in how to manage it, using a range of Christian theologians and sources. More important even than 'managing', we begin to see a vision for a better set of affections to grow within and among us. In this vision emerges a practical and nuanced account of what the Christian tradition sometime summarises as 'love'. How may we recover a deep affection for what matters, both within ourselves and together in groups? This book also dialogues with a new movement in moral psychology, 'social intuitionism'. Cameron argues that researchers in this discipline have interests and conclusions that sometimes overlap with Christian sources, even where their respective lenses differ. In this way, the book overviews recent trends in moral psychology against a recent historical and contemporary cultural backdrop, whilst assaying major sources in Christian theology that offer guidance on moral psychology.