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Making Law Matter: Environmental Protection and Legal Institutions in Brazil
by Lesley K. McAllisterAlthough many developing countries have environmental statutes, regulations, and resolutions on the books, these laws are rarely enforced and often ignored. Making Law Matter presents the first book-length treatment of an innovative prosecutorial institution, the Brazilian Ministrio Publico, which refashioned itself in the 1980s into a powerful defender of citizen rights in environmental protection, as well as in other areas of public interest such as disability rights, consumer protection, and anticorruption. In Brazil, the offices of prosecutors and courts have become an important forum for resolving environmental conflicts, making environmental law more effective than in the past. Court involvement communicates the end of impunity for violators. It increases the accountability of governmental agencies and provides legal access for citizen complaints. In short, it enhances environmental rule of law. As developing countries continue to seek to reform their legal systems to strengthen democracy and the rule of law, the Brazilian Ministrio Publico must be recognized as a very promising model.
Making Laws for Cyberspace
by Chris ReedProviding a scholarly analysis of how to govern and make the right kinds of laws for cyberspace, in this work, Professor Reed investigates the vast majority of cyberspace users who wish to act lawfully and asks whether the current state of law in cyberspace makes it possible for them to do so. If not, why not, and what is the cure? In this book, Professor Reed puts forward a new model for cyberspace laws which focuses on human actions rather than the technology used. Arguing that, in cyberspace, law works primarily through voluntary obedience rather than fear of enforcement, Professor Reed explains his thoughtful and controversial new viewpoint as to how cyberspace laws should be devised and re-opens the debate as to the value of law for regulating cyberspace and how best to influence the behaviour of cyberspace actors. The only text to comprehensively analyse European cyberspace lawmaking, this book provides a new perspective to the debate about the proper shape and scope of internet laws.
Making Laws That Work: How Laws Fail and How We Can Do Better
by David GoddardThis book examines why laws fail and provides strategies for making laws that work. Why do some laws fail? And how can we make laws that actually work? This helpful guide, written by a leading jurist, provides answers to these questions and gives practical strategies for law-making. It looks at a range of laws which have failed; the 'damp squibs' that achieve little or nothing in practice; laws that overshoot their policy goals; laws that produce nasty surprises; and laws that backfire, undermining the very goals they were intended to advance.It goes on to examine some of the reasons why such failures occur, drawing on insights from psychology and economics, including the work of Kahneman and others on how humans develop narratives about the ways in which the world works and make predictions about the future.It provides strategies to reduce the risk of failure of legislative projects, including adopting a more structured and systematic approach to analysing the likely effects of the legislation; ensuring we identify the limits of our knowledge and the uncertainties of our predictions; and framing laws in a way that enables us to adjust the way they operate as new information becomes available or circumstances change.Key themes include the importance of the institutions that administer the legislation, of default outcomes, and of the 'stickiness' of those defaults.The book concludes with helpful checklists of questions to ask and issues to consider, which will be of benefit to anyone involved in designing legislation.
Making Laws That Work: How Laws Fail and How We Can Do Better
by David GoddardThis book examines why laws fail and provides strategies for making laws that work. Why do some laws fail? And how can we make laws that actually work? This helpful guide, written by a leading jurist, provides answers to these questions and gives practical strategies for law-making. It looks at a range of laws which have failed; the 'damp squibs' that achieve little or nothing in practice; laws that overshoot their policy goals; laws that produce nasty surprises; and laws that backfire, undermining the very goals they were intended to advance.It goes on to examine some of the reasons why such failures occur, drawing on insights from psychology and economics, including the work of Kahneman and others on how humans develop narratives about the ways in which the world works and make predictions about the future.It provides strategies to reduce the risk of failure of legislative projects, including adopting a more structured and systematic approach to analysing the likely effects of the legislation; ensuring we identify the limits of our knowledge and the uncertainties of our predictions; and framing laws in a way that enables us to adjust the way they operate as new information becomes available or circumstances change.Key themes include the importance of the institutions that administer the legislation, of default outcomes, and of the 'stickiness' of those defaults.The book concludes with helpful checklists of questions to ask and issues to consider, which will be of benefit to anyone involved in designing legislation.
Making Markets More Inclusive: Lessons from CARE and the Future of Sustainability in Agricultural Value Chain Development
by K. McKague M. SiddiqueeMost studies of doing business at the "bottom of the economic pyramid" focus on viewing the poor as consumers, as micro-entrepreneurs, or as potential employees of local companies. Almost no analysis focuses on the poor as primary producers of agricultural commodities a striking omission given that primary producers are by far the largest segment of the working-age population in developing economies. Making Markets More Inclusive bridges the management literature with original research on agricultural value chains in developing and emerging economies. This exciting work is the first to delve into the skills, capabilities, strategies and approaches needed for inclusive value chain development. McKague shows how NGOs and companies can connect poor producers in developing economies with the right markets to better create social and economic impact. He also analyzes one of the leading agricultural value chain initiatives in the world, which is being replicated by the Bill and Melinda Gates Foundation in several different value chains in Malawi, Tanzania, Ghana, India, and Mali. Want more? Check out these compelling videos, which provide a glimpse into the stories and examples used throughout the book. Video Trailer for Making Markets More Inclusive. Farmer Training. Kallani Rani increased the productivity of her cows, become a cattle feed seller in her village (Chapter 6), and opened a fresh milk canteen in her local market (Chapter 7). She now trains other women farmers and works to improve opportunities for women in her community (Chapter 5). Animal Health Care Services. Asma Husna trained to be an animal health worker with CARE to provide important animal health services and education to local farmers on a fee-for-service basis (Chapter 6). Cattle Feed Shops. Fulera Akter started a business as a cattle feed seller after demand for nutritional animal feed grew due to farmers' improved knowledge of nutrition (Chapter 6). Savings Groups. Coauthor Muhammad Siddiquee, the Coordinator of Agriculture and Value Chain Programs at CARE Bangladesh, discusses the value of farmer savings groups (Chapter 6). Milk Collection. Sarothi Rani became a milk collector to earn an improved income for her family and provide an important service to other dairy farmers in her community (Chapter 7). Digital Fat Testing. Introducing digital fat testing machines into the dairy value chain helped reward farmers for making investments in producing higher quality milk, as well as ensuring transparent and timely payments (Chapter 7). Microfranchising. Supporting agricultural input shop owners with training, relationships to suppliers, common branding, and standardized customer services improves the productivity of smallholder farmers and the profitability of shops (Chapter 12). Bangladesh Dairy Value Chain Learning. Reflections from some of the 40 CARE staff from 17 countries who came to Bangladesh to learn from the experience of the dairy value chain project (Chapter 15).
Making Markets Work for Africa: Markets, Development, and Competition Law in Sub-Saharan Africa
by Eleanor M. Fox Mor BakhoumThis book focuses on market law and policy in sub-Saharan Africa, showing how markets can be harnessed by poorer and developing economies to help make the markets work for them: to help them integrate into the world economy and provide a better standard of living for their people while preserving their values of inclusive development. It explores uses of power both by dominant firms, often multinationals, and incumbent governments and cronies, to ring-fence their market positions and deprive rivals - often the indigenous people - from fair access to markets and highlights how competition authorities are pushing back and winning fair access, lowering prices of goods and services especially for the poorer population. The book also examines the next level up - regionalism - and provides the facts that show how regionalism has so far failed to meet its promise of freeing markets from cross-border restraints by large firms that operate across national borders. On the more technical side, the book takes a deep look at the competition policies of sets of nations in sub-Saharan Africa - West, South-eastern, and South. It examines the performance of the competition authorities of particular nations, including how they handle cartels, monopolies and mergers; their standards of illegality, and their methodologies for incorporating public interest values into their analyses. Observing the good works by a number of the national competition authorities, the book is optimistic about the role of the national competition authorities in protecting the people from abuses of economic power, and, perhaps in the future, the role of regional authorities and less formal networks in promoting an African voice in defence of competition.
Making Markets Work for Africa: Markets, Development, and Competition Law in Sub-Saharan Africa
by Eleanor M. Fox Mor BakhoumThis book focuses on market law and policy in sub-Saharan Africa, showing how markets can be harnessed by poorer and developing economies to help make the markets work for them: to help them integrate into the world economy and provide a better standard of living for their people while preserving their values of inclusive development. It explores uses of power both by dominant firms, often multinationals, and incumbent governments and cronies, to ring-fence their market positions and deprive rivals - often the indigenous people - from fair access to markets and highlights how competition authorities are pushing back and winning fair access, lowering prices of goods and services especially for the poorer population. The book also examines the next level up - regionalism - and provides the facts that show how regionalism has so far failed to meet its promise of freeing markets from cross-border restraints by large firms that operate across national borders. On the more technical side, the book takes a deep look at the competition policies of sets of nations in sub-Saharan Africa - West, South-eastern, and South. It examines the performance of the competition authorities of particular nations, including how they handle cartels, monopolies and mergers; their standards of illegality, and their methodologies for incorporating public interest values into their analyses. Observing the good works by a number of the national competition authorities, the book is optimistic about the role of the national competition authorities in protecting the people from abuses of economic power, and, perhaps in the future, the role of regional authorities and less formal networks in promoting an African voice in defence of competition.
Making Meetings Work: The Art of Chairing
by Richard HooperMaking Meetings Work is a short book which aims to help people chair meetings better – meetings of all kinds from community playgroups to conferences and dinners to large corporate Boards. The book is based on the personal experience of a professional working chair over many years. The book is aimed at younger men and women who are beginning to chair their first meetings, and also at more experienced chairs who want to develop their skills.
Making Meetings Work: The Art of Chairing
by Richard HooperMaking Meetings Work is a short book which aims to help people chair meetings better – meetings of all kinds from community playgroups to conferences and dinners to large corporate Boards. The book is based on the personal experience of a professional working chair over many years. The book is aimed at younger men and women who are beginning to chair their first meetings, and also at more experienced chairs who want to develop their skills.
Making Men Moral: Civil Liberties and Public Morality (Clarendon Paperbacks)
by Robert P. GeorgeContemporary liberal thinkers commonly suppose that there is something in principle unjust about the legal prohibition of putatively victimless immoralities. Against the prevailing liberal view, Robert P. George defends the proposition that `moral laws' can play a legitimate, if subsidiary, role in preserving the `moral ecology' of the cultural environment in which people make the morally significant choices by which they form their characters and influence, for good or ill, the moral lives of others. George shows that a defence of morals legislation is fully compatible with a `pluralistic perfectionist' political theory of civil liberties and public morality.
Making Men Moral: Civil Liberties And Public Morality (Clarendon Paperbacks)
by Robert P. GeorgeContemporary liberal thinkers commonly suppose that there is something in principle unjust about the legal prohibition of putatively victimless immoralities. Against the prevailing liberal view, Robert P. George defends the proposition that `moral laws' can play a legitimate, if subsidiary, role in preserving the `moral ecology' of the cultural environment in which people make the morally significant choices by which they form their characters and influence, for good or ill, the moral lives of others. George shows that a defence of morals legislation is fully compatible with a `pluralistic perfectionist' political theory of civil liberties and public morality.
Making Milk: The Past, Present and Future of Our Primary Food
by Mathilde Cohen Yoriko OtomoWhat is milk? Who is it for, and what work does it do? This collection of articles bring together an exciting group of the world's leading scholars from different disciplines to provide commentaries on multiple facets of the production, consumption, understanding and impact of milk on society. The book frames the emerging global discussion around philosophical and critical theoretical engagements with milk. In so doing, various chapters bring into consideration an awareness of animals, an aspect which has not yet been incorporated in these debates within these disciplines so far.This brand new research from scholars includes writing from an array of perspectives, including jurisprudence, food law, history, geography, art theory, and gender studies. It will be of use to professionals and researchers in such disciplines as anthropology, visual culture, cultural studies, development studies, food studies, environment studies, critical animal studies, and gender studies.
Making Money: Coin, Currency, and the Coming of Capitalism
by Christine DesanMoney travels the modern world in disguise. It looks like a convention of human exchange - a commodity like gold or a medium like language. But its history reveals that money is a very different matter. It is an institution engineered by political communities to mark and mobilize resources. As societies change the way they create money, they change the market itself - along with the rules that structure it, the politics and ideas that shape it, and the benefits that flow from it. One particularly dramatic transformation in money's design brought capitalism to England. For centuries, the English government monopolized money's creation. The Crown sold people coin for a fee in exchange for silver and gold. 'Commodity money' was a fragile and difficult medium; the first half of the book considers the kinds of exchange and credit it invited, as well as the politics it engendered. Capitalism arrived when the English reinvented money at the end of the 17th century. When it established the Bank of England, the government shared its monopoly over money creation for the first time with private investors, institutionalizing their self-interest as the pump that would produce the money supply. The second half of the book considers the monetary revolution that brought unprecedented possibilities and problems. The invention of circulating public debt, the breakdown of commodity money, the rise of commercial bank currency, and the coalescence of ideological commitments that came to be identified with the Gold Standard - all contributed to the abundant and unstable medium that is modern money. All flowed as well from a collision between the individual incentives and public claims at the heart of the system. The drama had constitutional dimension: money, as its history reveals, is a mode of governance in a material world. That character undermines claims in economics about money's neutrality. The monetary design innovated in England would later spread, producing the global architecture of modern money.
Making Moral Judgments: Psychological Perspectives on Morality, Ethics, and Decision-Making
by Donelson ForsythThis fascinating new book examines diversity in moral judgements, drawing on recent work in social, personality, and evolutionary psychology, reviewing the factors that influence the moral judgments people make. Why do reasonable people so often disagree when drawing distinctions between what is morally right and wrong? Even when individuals agree in their moral pronouncements, they may employ different standards, different comparative processes, or entirely disparate criteria in their judgments. Examining the sources of this variety, the author expertly explores morality using ethics position theory, alongside other theoretical perspectives in moral psychology, and shows how it can relate to contemporary social issues from abortion to premarital sex to human rights. Also featuring a chapter on applied contexts, using the theory of ethics positions to gain insights into the moral choices and actions of individuals, groups, and organizations in educational, research, political, medical, and business settings, the book offers answers that apply across individuals, communities, and cultures. Investigating the relationship between people’s personal moral philosophies and their ethical thoughts, emotions, and actions, this is fascinating reading for students and academics from psychology and philosophy and anyone interested in morality and ethics.
Making Moral Judgments: Psychological Perspectives on Morality, Ethics, and Decision-Making
by Donelson ForsythThis fascinating new book examines diversity in moral judgements, drawing on recent work in social, personality, and evolutionary psychology, reviewing the factors that influence the moral judgments people make. Why do reasonable people so often disagree when drawing distinctions between what is morally right and wrong? Even when individuals agree in their moral pronouncements, they may employ different standards, different comparative processes, or entirely disparate criteria in their judgments. Examining the sources of this variety, the author expertly explores morality using ethics position theory, alongside other theoretical perspectives in moral psychology, and shows how it can relate to contemporary social issues from abortion to premarital sex to human rights. Also featuring a chapter on applied contexts, using the theory of ethics positions to gain insights into the moral choices and actions of individuals, groups, and organizations in educational, research, political, medical, and business settings, the book offers answers that apply across individuals, communities, and cultures. Investigating the relationship between people’s personal moral philosophies and their ethical thoughts, emotions, and actions, this is fascinating reading for students and academics from psychology and philosophy and anyone interested in morality and ethics.
Making Morality Work
by Holly M. SmithMost of us hope to do what morality requires of us. But what if we can't figure out what it does require? A soldier may know that morality requires him not to kill an innocent civilian but he can't tell whether the driver of a suspicious car is an innocent civilian or a terrorist about to detonate a bomb. Holly M. Smith addresses this problem in Making Morality Work by asking whether we should reject moral codes that can't be used by anyone hampered by inadequate information. When considering questions of morality, we call on moral theories to play both a theoretical and a practical role. These theories provide accounts of what makes actions right or wrong, and also provide a standard by which agents can guide their own conduct. It is usually assumed that a single theory can serve both roles, but limited knowledge often prevents people from using traditional normative theories to make decisions. Smith examines three major strategies for addressing this 'epistemic problem' in morality before developing an innovative solution that overcomes the weaknesses of prior approaches. Making Morality Work opens a path towards resolving a deep problem in moral life.
Making Morality Work
by Holly M. SmithMost of us hope to do what morality requires of us. But what if we can't figure out what it does require? A soldier may know that morality requires him not to kill an innocent civilian but he can't tell whether the driver of a suspicious car is an innocent civilian or a terrorist about to detonate a bomb. Holly M. Smith addresses this problem in Making Morality Work by asking whether we should reject moral codes that can't be used by anyone hampered by inadequate information. When considering questions of morality, we call on moral theories to play both a theoretical and a practical role. These theories provide accounts of what makes actions right or wrong, and also provide a standard by which agents can guide their own conduct. It is usually assumed that a single theory can serve both roles, but limited knowledge often prevents people from using traditional normative theories to make decisions. Smith examines three major strategies for addressing this 'epistemic problem' in morality before developing an innovative solution that overcomes the weaknesses of prior approaches. Making Morality Work opens a path towards resolving a deep problem in moral life.
Making A Necessity Of Virtue: Aristotle And Kant On Virtue (PDF)
by Nancy ShermanThis book is the first to offer a detailed analysis of Aristotelian and Kantian ethics together, in a way that remains faithful to the texts and responsive to debates in contemporary ethics. Recent moral philosophy has seen a revival of interest in the concept of virtue, and with it a reassessment of the role of virtue in the work of Aristotle and Kant. This book brings that re-assessment to a new level of sophistication. Nancy Sherman argues that Kant preserves a notion of virtue in his moral theory that bears recognizable traces of the Aristotelian and Stoic traditions, and that his complex anthropology of morals brings him into surprising alliance with Aristotle. She develops her argument through close readings of major texts by both Aristotle and Kant, illustrating points of congruence and contrast.
Making A Necessity Of Virtue: Aristotle And Kant On Virtue (PDF)
by Nancy ShermanDescription Contents Resources Courses About the Authors This book is the first to offer a detailed analysis of Aristotelian and Kantian ethics together, in a way that remains faithful to the texts and responsive to debates in contemporary ethics. Recent moral philosophy has seen a revival of interest in the concept of virtue, and with it a reassessment of the role of virtue in the work of Aristotle and Kant. This book brings that re-assessment to a new level of sophistication. Nancy Sherman argues that Kant preserves a notion of virtue in his moral theory that bears recognisable traces of the Aristotelian and Stoic traditions, and that his complex anthropology of morals brings him into surprising alliance with Aristotle. She develops her argument through close readings of major texts by both Aristotle and Kant, illustrating points of congruence and contrast. Deals with 'hot' topic in contemporary ethics - the relationship between Aristotle and Kant Looks at the role of emotions in moral judgment - another hot topic Sherman is an established figure Read more at http://www.cambridge.org/gb/academic/subjects/philosophy/eighteenth-century-philosophy/making-necessity-virtue-aristotle-and-kant-virtue#yclWC0wFRKMVh8Hd.99
Making Negotiations Predictable: What Science Tells Us
by David De Cremer Madan PillutlaEverybody in business is involved in negotiating internally and externally. The impact of this can have consequences for revenue and profitability, so it is more important than ever to be an effective negotiator for business success. In Making Negotiations Predictable, two global experts give crucial insights into getting it right.
Making News of Police Violence: A Comparative Study of Toronto and New York City
by Jeffrey Ian Ph.D.Although many people consider excessive police violence disconcerting, if, when, and how they voice their opinion or respond by taking some sort of action has generally remained empirically unknown. In the hope of understanding this process, Ross has developed a four-stage model, based on a review of the literature and on interviews with the relevant actors. He then uses this tool to analyze police violence that occurred in Toronto, Canada and New York City, over a fifteen-year period. To better focus the study, he uses in-depth case studies of three well-publicized cases of police violence from each city, matched on important criteria.This study addresses a difficult, timely, and important topic for victims, for police personnel, and for society. Ross concludes that, in general, most individuals do not respond to police use of excessive force; further, if and when they do usually depends on the context of the violence. Using both quantitative and qualitative methods, Ross's model integrates a variety of approaches to improve our understanding of how communities come to define and control the use of force by police, including literature on the role of media efforts and their impact upon police violence. The work concludes with an analysis of the reasons why people react so infrequently to incidents of excessive force.
The Making of a European Constitution: Judges and Law Beyond Constitutive Power (PDF)
by Michelle Everson Julia EisnerAn original and innovative recasting of constitutionalism, written by acknowledged experts in the field, this empirically grounded and theoretically informed volume addresses the strategies and philosophies that judges and lawyers bring to bear when creating European constitutional jurisprudence; investigating and promoting promotes the sustainability of a theory or praxis of ‘procedural’ constitutionalism. Building upon European and American critical legal scholarship, Michelle Everson and Julia Eisner argue that constitutional adjudication has never been the neutral matter of a mere judicial ‘identification’ of the values, norms and procedures that each society seeks to concretise in its own body of constitutional law. Instead, a ‘mythology’ of comprehensive national constitutional settlement has obscured the primary legal constitutional conundrum that is created by the requirement that a judiciary must always adapt its constitutional jurisprudence to the evolving values that are to be found within any society; but must always, also, maintain the integrity and autonomy of the law itself. European judges and lawyers, having been denied recourse to all forms of constitutional mythology, provide us with an alternative model of constitutionalism; one that does not require a founding myth of constitutional settlement, and one which both secures the autonomy of law, as well as ensures dialogue between law and society. This occurs, however, not through grand theories of ‘constitutional adjudication’ but, as The Making of a European Constitution documents, rather through a practical process.
The Making of a European Constitution: Judges and Law Beyond Constitutive Power
by Michelle Everson Julia EisnerAn original and innovative recasting of constitutionalism, written by acknowledged experts in the field, this empirically grounded and theoretically informed volume addresses the strategies and philosophies that judges and lawyers bring to bear when creating European constitutional jurisprudence; investigating and promoting promotes the sustainability of a theory or praxis of ‘procedural’ constitutionalism. Building upon European and American critical legal scholarship, Michelle Everson and Julia Eisner argue that constitutional adjudication has never been the neutral matter of a mere judicial ‘identification’ of the values, norms and procedures that each society seeks to concretise in its own body of constitutional law. Instead, a ‘mythology’ of comprehensive national constitutional settlement has obscured the primary legal constitutional conundrum that is created by the requirement that a judiciary must always adapt its constitutional jurisprudence to the evolving values that are to be found within any society; but must always, also, maintain the integrity and autonomy of the law itself. European judges and lawyers, having been denied recourse to all forms of constitutional mythology, provide us with an alternative model of constitutionalism; one that does not require a founding myth of constitutional settlement, and one which both secures the autonomy of law, as well as ensures dialogue between law and society. This occurs, however, not through grand theories of ‘constitutional adjudication’ but, as The Making of a European Constitution documents, rather through a practical process.
The Making of a German Constitution: A Slow Revolution
by Margaret Barber CrosbyThe Making of a German Constitution is one of the first books to explore the important place of the theory and practice of private law (civil law) in the transformation of Modern Germany's fin-de-siècle constitutional arrangements. Reading sources from early nineteenth-century private law scholarship, the book offers a thought-provoking and novel understanding of German political development. The author argues that the German idea of sovereignty grew out of a dual conception of law not only as the product of socio-political transformation, but also as a means to it. In the short term, a modern social and political system in Germany was attained through non-violent means and the domestic authority of the Kaiser was severely limited by law. However, the exclusive bourgeois socio-political arrangements that were installed in this era led to considerable discontent in German society, particularly with regard to gender and class tensions. The "slow Bürgerliche Revolution" thus contributed to the traumatic ruptures that mark German history in the first third of the twentieth century.