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Making the Invisible Visible: Understanding Leadership Contributions of Asian Minorities in the Workplace
by T. Thatchenkery K. SugiyamaMaking the Invisible Visible is a study of Asian Americans in the workplace and provides a framework through which to transform the same qualities that are contributing to this invisibility phenomenon into a positive leadership approach that provides a counterweight to balance the showmanship approach to leadership.
Making the Law Explicit: The Normativity of Legal Argumentation (European Academy of Legal Theory Series)
by Matthias KlattLegal argumentation consists in the interpretation of texts. Therefore, it has a natural connection to the philosophy of language. Central issues of this connection, however, lack a clear answer. For instance, how much freedom do judges have in applying the law? How are the literal and the purposive approaches related to one another? How can we distinguish between applying the law and making the law?This book provides answers by means of a complex and detailed theory of literal meaning. A new legal method is introduced, namely the further development of the law. It is so far unknown in Anglo-American jurisprudence, but it is shown that this new method helps in solving some of the most crucial puzzles in jurisprudence.At its centre the book addresses legal indeterminism and refutes linguistic-philosophical reasons for indeterminacy. It spells out the normative character of interpretation as emphasized by Raz and, with the help of Robert Brandom's normative pragmatics, it is shown that the relativism of interpretation from a normative perspective does not at all justify scepticism. On the contrary, it supports the claim that legal argumentation can be objective, and maintains that statements on the meaning of a statute can be right or wrong, and take on inter-subjective validity accordingly. This book breaks new ground in transferring Brandom's philosophy to legal theoretical problems and presents an original and exciting analysis of the semantic argument in legal argumentation. It was the recipient of the European Award for Legal Theory in 2002.'This book represents, on the one hand, a reception of Robert Brandom's important theory including applications of this theory in the field of legal philosophy and, on the other, an exploration of the limits of an appeal in legal interpretation to the text. The enquiry thereby impinges upon the central juridico-philosophical themes of meaning, objectivity, and normativity. The author's work counts as a significant contribution to analytical jurisprudence and is deserving of a wide readership.' Robert Alexy, Professor for Public Law and Legal Philosophy, Kiel.'Klatt focuses on a very profound theory of concept formation and uses this theory in a creative way to solve classical problems of legal argumentation.' Aleksander Peczenik
Making the Military Moral: Contemporary Challenges and Responses in Military Ethics Education (Military and Defence Ethics)
by Don Carrick James Connelly David WhethamThis book offers a critical analysis, both theoretical and practical, of ethics education in the military. In the twenty-first century, it has become increasingly important to ensure that the armed forces of Western and other democracies fight justly and behave ethically. The ‘good soldier’ has to be not only professionally skilled but morally intelligent. At a time of relentless media scrutiny, the publicising of incidents of morally and legally unacceptable behaviour, such as the gross mistreatment of prisoners and the torture of suspected terrorists, can do much to undermine the credibility of those who claim to hold the moral high ground in any particular conflict. Written by an international team of academic theorists and military practitioners, this volume provides inter-disciplinary insights into the present state, and the future, of ethics education in the militaries of Western democracies. The contributors critically address the central question of whether such education is sufficient to prepare members of the armed forces to face the peculiar challenges of conflict environments that are now primarily ‘wars among the people’, in which the opposing combatants may have little or no regard for human life and fail to discriminate between soldiers and civilians when choosing their targets. Drawing lessons from recent examples of unethical conduct, this original book offers insightful and constructive advice, both theoretical and practical, as to how situations can be improved and on the means that could and should be employed towards this end. This book will be of much interest to students of military studies, ethics and international relations.
Making the Military Moral: Contemporary Challenges and Responses in Military Ethics Education (Military and Defence Ethics)
by Don Carrick, James Connelly and David WhethamThis book offers a critical analysis, both theoretical and practical, of ethics education in the military. In the twenty-first century, it has become increasingly important to ensure that the armed forces of Western and other democracies fight justly and behave ethically. The ‘good soldier’ has to be not only professionally skilled but morally intelligent. At a time of relentless media scrutiny, the publicising of incidents of morally and legally unacceptable behaviour, such as the gross mistreatment of prisoners and the torture of suspected terrorists, can do much to undermine the credibility of those who claim to hold the moral high ground in any particular conflict. Written by an international team of academic theorists and military practitioners, this volume provides inter-disciplinary insights into the present state, and the future, of ethics education in the militaries of Western democracies. The contributors critically address the central question of whether such education is sufficient to prepare members of the armed forces to face the peculiar challenges of conflict environments that are now primarily ‘wars among the people’, in which the opposing combatants may have little or no regard for human life and fail to discriminate between soldiers and civilians when choosing their targets. Drawing lessons from recent examples of unethical conduct, this original book offers insightful and constructive advice, both theoretical and practical, as to how situations can be improved and on the means that could and should be employed towards this end. This book will be of much interest to students of military studies, ethics and international relations.
Making the Modern Criminal Law: Criminalization and Civil Order (Criminalization)
by Lindsay FarmerThe Criminalization series arose from an interdisciplinary investigation into criminalization, focussing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications of offences? This, the fifth book in the series, offers a historical and conceptual account of the development of the modern criminal law in England and as it has spread to common law jurisdictions around the world. The book offers a historical perspective on the development of theories of criminalization. It shows how the emergence of theories of criminalization is inextricably linked to modern understandings of the criminal law as a conceptually distinct body of rules, and how this in turn has been shaped by the changing functions of criminal law as an instrument of government in the modern state. The book is structured in two main parts. The first traces the development of the modern law as a distinct, and conceptually distinct body of rules, looking in particular at ideas of jurisdiction, codification and responsibility. The second part then engages in detailed analysis of specific areas of criminal law, focusing on patterns of criminalization in relation to property, the person, and sexual conduct.
Making the Modern Criminal Law: Criminalization and Civil Order (Criminalization)
by Lindsay FarmerThe Criminalization series arose from an interdisciplinary investigation into criminalization, focussing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications of offences? This, the fifth book in the series, offers a historical and conceptual account of the development of the modern criminal law in England and as it has spread to common law jurisdictions around the world. The book offers a historical perspective on the development of theories of criminalization. It shows how the emergence of theories of criminalization is inextricably linked to modern understandings of the criminal law as a conceptually distinct body of rules, and how this in turn has been shaped by the changing functions of criminal law as an instrument of government in the modern state. The book is structured in two main parts. The first traces the development of the modern law as a distinct, and conceptually distinct body of rules, looking in particular at ideas of jurisdiction, codification and responsibility. The second part then engages in detailed analysis of specific areas of criminal law, focusing on patterns of criminalization in relation to property, the person, and sexual conduct.
Making the Most of Standards: The Sustainability Professional's Guide
by Adrian HenriquesThe world of corporate responsibility standards can seem large and confusing. With so many different standards, it is often bewildering. Sustainability standards feed into a broad spectrum of other standards and finding the appropriate standard for your organization's needs is vital. This short book cuts through the confusion. It explains: 1. The pros and cons of using standards to improve sustainability performance 2. The variety of standards out there 3. A map showing how some of the most prominent sustainability standards relate to each other 4. A decision tree to help with choosing the type of standard that will be most helpful to you 5. For some of the most influential standards, a thumbnail description of what they are actually about 6. Some tips for putting standards into practice.
Making the Most of Standards: The Sustainability Professional's Guide
by Adrian HenriquesThe world of corporate responsibility standards can seem large and confusing. With so many different standards, it is often bewildering. Sustainability standards feed into a broad spectrum of other standards and finding the appropriate standard for your organization's needs is vital. This short book cuts through the confusion. It explains: 1. The pros and cons of using standards to improve sustainability performance 2. The variety of standards out there 3. A map showing how some of the most prominent sustainability standards relate to each other 4. A decision tree to help with choosing the type of standard that will be most helpful to you 5. For some of the most influential standards, a thumbnail description of what they are actually about 6. Some tips for putting standards into practice.
Making Things Better: A Workbook on Ritual, Cultural Values, and Environmental Behavior (Oxford Ritual Studies)
by A. David NapierIn Making Things Better, A. David Napier demonstrates how anthropological description of non-Western exchange practices and beliefs can be a tonic for contemporary economic systems in which our impersonal relationship to ''things'' transforms the animate elements of social life into inanimate sets of commodities. Such a fundamental transformation, Napier suggests, makes us automatons in globally integrated social circuits that generate a cast of a winners and losers engaged in hostile competition for wealth and power. Our impersonal relations to ''things''--and to people as well--are so ingrained in our being, we take them for granted as we sleepwalk through routine life. Like the surrealist artists of the 1920s who, through their art, poetry, films, and photography, fought a valiant battle against mind-numbing conformity, Napier provides exercises and practica designed to shock the reader from their wakeful sleep. These demonstrate powerfully the positively integrative social effects of more socially entangled, non-Western orientations to ''things'' and to ''people.'' His arguments also have implications for the rights and legal status of indigenous peoples, which are drawn out in the course of the book.
Making work more equal: A new labour market segmentation approach
by Damian Grimshaw Colette Fagan Gail HebsonA tribute to the highly influential contributions of Jill Rubery, this book proposes a ‘new labour market segmentation approach’ for the investigation of issues of job quality, employment inequalities and precarious work.
Making work more equal: A new labour market segmentation approach
This book presents new theories and international empirical evidence on the state of work and employment around the world. Changes in production systems, economic conditions and regulatory conditions are posing new questions about the growing use by employers of precarious forms of work, the contradictory approaches of governments towards employment and social policy, and the ability of trade unions to improve the distribution of decent employment conditions. The book proposes a ‘new labour market segmentation approach’ for the investigation of issues of job quality, employment inequalities, and precarious work. This approach is distinctive in seeking to place the changing international patterns and experiences of labour market inequalities in the wider context of shifting gender relations, regulatory regimes and production structures.An electronic edition of this book is freely available under a Creative Commons (CC BY-NC-ND) licence.
Malaysia’s United Nations Peacekeeping Operations (1960–2010)
by Asri Salleh Asmady IdrisSmall and developing states make up the majority of participants in United Nations Peacekeeping Operations (UNPKO), and Malaysia is one of these. The numerous previous studies on Malaysia’s UNPKO are primarily historical narratives which focus on practical, policy-related issues and due process, making no attempt to synchronize the nexus between theory and policy analysis. Nor do they cover the theoretical aspect which can operationalize and address the question of the roles played by Malaysia’s domestic actors (foreign policy executives, legislature, military, media, public opinion) in the respective decision-making processes as well as those of external level, such as international power politics and geopolitical considerations. In other words, they are predominantly a historical narrative of only several Malaysia’s UNPKO.This book fills the critical gap. It deliberates on the respective national and international decision-making processes, especially from the Malaysian point of view, and analyses the theoretical and practical impacts of Malaysia’s UNPKO in understanding international politics. Apart from providing a well-researched account of Malaysia’s UNPKO across the globe for 50 years, i.e. 1960-2010, this book examines the determinants by using qualitative data, particularly key-informant interviews and documentary analysis. Thus, while most studies of Malaysia’s UNPKO single out domestic imperatives as the most vital determinant, this book, on the contrary, comprehensively identifies the prevailing world security order as the most important determinant influencing Malaysia’s UNPKO, followed by the domestic ones.
Male and Female Circumcision: Medical, Legal, and Ethical Considerations in Pediatric Practice
by George C. Denniston, Frederick Mansfield Hodges, Marilyn Fayre MilosEvery year around the world 13.3 million boys and 2 million girls have part or all of their external sex organs cut off. Doctors, parents, and politicians have been misled into thinking that these mutilations are beneficial, necessary and harmless. International respected experts in the fields of medicine, science, politics, law, ethics, sociology, anthropology, history and religion present the latest research, documentation and analysis of this world-wide problem, focusing on the ethical, political and legal aspects of sexual mutilation; the cost and burden to healthcare systems; the latest medical research; anatomical and function consequences; religious and cultural aspects; psychological aspects; and the world-wide campaign to end sexual mutilation.
Male Criminal Activity from Childhood Through Youth: Multilevel and Developmental Perspectives (Research in Criminology)
by Marc Le Blanc Marcel FrechetteMale Criminal Activity From Childhood Through Youth reports the results of a large longitudinal study from 1972 to 1985 on a sample of delinquents and a comparison sample of the population in Montreal. A clarification emerges from this extensive study: how to describe criminal activity in a comprehensive theory of crime which integrates the offense, offending, and patterns of offending. Using a developmental approach, Drs. Le Blanc and Fréchette observed a gradation of crimes with subjects progressing through five distinct stages of offending. In all, the research investigates the factors that sustain the development of offending and the mechanisms which accelerate, stabilize, and decelerate the commission of crimes. This book represents a significant advance in the understanding of the development of criminal activity.
Male Prostitution
by Donald West JHere is the most comprehensive empirical study ever published about male prostitutes and their clients. Written by one of the most distinguished international scholars in psychiatry and criminal justice, this book provides a carefully designed presentation of in-depth interviews with several hundred London “rent boys.” The interviews included a large sample of one-to-one conversations in a private room tape-recorded with the consent of the interviewees. Dr. West and his colleague, Mr. de Villiers, bring you squarely into the everyday lives of male prostitutes and cover little known details of their lives, such as: the drift into homelessness sexual orientation entry into prostitution sexual orientation threats of blackmail, violence, and murder by male prostitutes or their clients attitudes and intentions of the male prostitutes post-prostitution careers, legal and criminology issues personal fears, desires, and interests of male prostitutesEncyclopedic in scope and depth, Male Prostitution never strays from combining high-level research presented in a readily understandable and often entertaining style and incisive insights and issues critical for both the informed layperson and researchers in human sexuality. Dr. West and his colleague provide is a source of unbiased, detailed information on the male sex industry and their clients which is unavailable in any other book published to date.
Male Prostitution
by Donald West JHere is the most comprehensive empirical study ever published about male prostitutes and their clients. Written by one of the most distinguished international scholars in psychiatry and criminal justice, this book provides a carefully designed presentation of in-depth interviews with several hundred London “rent boys.” The interviews included a large sample of one-to-one conversations in a private room tape-recorded with the consent of the interviewees. Dr. West and his colleague, Mr. de Villiers, bring you squarely into the everyday lives of male prostitutes and cover little known details of their lives, such as: the drift into homelessness sexual orientation entry into prostitution sexual orientation threats of blackmail, violence, and murder by male prostitutes or their clients attitudes and intentions of the male prostitutes post-prostitution careers, legal and criminology issues personal fears, desires, and interests of male prostitutesEncyclopedic in scope and depth, Male Prostitution never strays from combining high-level research presented in a readily understandable and often entertaining style and incisive insights and issues critical for both the informed layperson and researchers in human sexuality. Dr. West and his colleague provide is a source of unbiased, detailed information on the male sex industry and their clients which is unavailable in any other book published to date.
Male Rape: The Emergence of a Social and Legal Issue
by N. Abdullah-KhanFocusing on male-on-male rape, this book looks at the common myths surrounding this taboo issue, including the idea that 'men who rape other men must be homosexual' and that 'real men can't be raped'. It also reveals that men are not only raped in prison, as is commonly believed, and that they suffer similar trauma to female survivors of rape.
Malignant: Medical Ethicists Confront Cancer
by Rebecca Dresser"You have cancer." Words no one wants to hear, but heard by millions every year. Millions more hear the equally shattering news that a loved one has cancer. Both are life-changing messages. For the people writing this book, cancer was not only a personal crisis, it was also an education. Experts on medical ethics, personal experience with cancer showed them how little they understood of the real world of serious illness. Despite years of teaching and writing about treatment decision-making and patient autonomy, they were unprepared for many of the problems they faced. They discovered that the rights and wrongs of cancer care were more complicated than they had anticipated. Ethics outside the hospital walls took on unexpected significance as they discovered the astonishing generosity, and the unintentional cruelty, that cancer provokes in others. Cancer was a test of personal character, too, as patients accustomed to control became dependent on others and caregivers shouldered unfamiliar and difficult responsibilities. In chapters on cancer diagnosis, treatment choices, and research participation, the authors examine medical ethics from the personal point of view. In chapters on family caregiving, cancer interactions, and cancer support groups, they consider ethics outside the medical setting. In chapters on mortality and survivorship, they reflect on cancers personal moral teachings. Cancer is an unavoidable feature of modern life. Readers will come away with a deeper understanding of what it is like to have cancer, better equipped to respond to cancer in their own lives and the lives of others. The book also offers insights to doctors and nurses seeking to improve cancer treatment and to medical ethicists seeking to make their work more relevant to patients and caregivers.
Malignant: How Bad Policy And Bad Evidence Harm People With Cancer
by Mph Vinayak K. PrasadEach week, people read about new and exciting cancer drugs. Some of these drugs are truly transformative, offering major improvements in how long patients live or how they feel—but what is often missing from the popular narrative is that, far too often, these new drugs have marginal or minimal benefits. Some are even harmful. In Malignant, hematologist-oncologist Dr. Vinayak K. Prasad writes about the many sobering examples of how patients are too often failed by cancer policy and by how oncology is practiced. Throughout this work, Prasad illuminates deceptive practices which• promote novel cancer therapies long before credible data are available to support such treatment; and• exaggerate the potential benefits of new therapies, many of which cost thousands and in some cases hundreds of thousands of dollars.Prasad then critiques the financial conflicts of interest that pervade the oncology field, the pharmaceutical industry, and the US Food and Drug administration. This is a book about how the actions of human beings—our policies, our standards of evidence, and our drug regulation—incentivize the pursuit of marginal or unproven therapies at lofty and unsustainable prices. Prasad takes us through how cancer trials are conducted, how drugs come to market, and how pricing decisions are made, asking how we can ensure that more cancer drugs deliver both greater benefit and a lower price. Ultimately, Prasad says, • more cancer clinical trials should measure outcomes that actually matter to people with cancer;• patients on those trials should look more like actual global citizens;• we need drug regulators to raise, not perpetually lower, the bar for approval; and• we need unbiased patient advocates and experts.This well-written, opinionated, and engaging book explains what we can do differently to make serious and sustained progress against cancer—and how we can avoid repeating the policy and practice mistakes of the past.
Malingering, Feigning, and Response Bias in Psychiatric/ Psychological Injury: Implications for Practice and Court (International Library of Ethics, Law, and the New Medicine #54)
by Gerald YoungThis book is a comprehensive analysis of the definitions, concepts, and recent research on malingering, feigning, and other response biases in psychological injury/ forensic disability populations. It presents a new model of malingering and related biases, and develops a “diagnostic” system based on it that is applicable to PTSD, chronic pain, and TBI. Included are suggestions for effective practice and future research based on the literature reviews and the new systems, which are useful also because they can be used readily by psychiatrists as much as psychologists.In Malingering, Feigning, and Response Style Assessment in Psychiatric/Psychological Injury, Dr. Young ambitiously sets out to articulate and synthesize the polarities involved in the assessment of response styles in psychological disabilities, including PTSD, pain, and TBI. He does so thoroughly and very even-handedly, neither minimizing the degree that outright faking can be found in substantial numbers of examinees, nor disregarding the possibility that there can be causes for validity test failure other than malingering. He reviews the prior systems for classifying evidence of malingering, and proposes his own criteria for feigned PTSD. These are conservative and well-grounded in the prior literature. Finally, the book contains dozens of very recent references, giving testament to Dr. Young's immersion in the personal injury literature, as might be expected from his experience as founder and Editor in Chief for Psychological Injury and the Law. Reviewer: Steve Rubenzer, Ph.D., ABPPBoard Certified Forensic Psychologist
The Malmedy Massacre: The War Crimes Trial Controversy
by Steven P. RemyDuring the Battle of the Bulge, Waffen SS soldiers shot 84 American prisoners near Malmedy, Belgium—the deadliest mass execution of U.S. soldiers during World War II. Drawing on newly declassified documents, Steven Remy revisits the massacre and the most infamously controversial war crimes trial in American history, to set the record straight.
The Malmedy Massacre: The War Crimes Trial Controversy
by Steven P. RemyDuring the Battle of the Bulge, Waffen SS soldiers shot 84 American prisoners near Malmedy, Belgium—the deadliest mass execution of U.S. soldiers during World War II. Drawing on newly declassified documents, Steven Remy revisits the massacre and the most infamously controversial war crimes trial in American history, to set the record straight.
Malpractice and Medical Liability: European State of the Art and Guidelines
by Santo Davide Ferrara, Rafael Boscolo-Berto and Guido VielMedical responsibility lawsuits have become a fact of life in every physician’s medical practice. However, there is evidence that physicians are increasingly practising defensive medicine, ordering more tests than may be necessary and avoiding patients with complicated conditions. The modern practice of medicine is increasingly complicated by factors beyond the traditional realm of patient care, including novel technologies, loss of physician autonomy, and economic pressures. A continuing and significant issue affecting physicians and the healthcare system is malpractice. In the latter half of the 20th century, there was a major change in the attitude of the public towards the medical profession. People were made aware of the huge advances in medical technology, because health problems increasingly tended to attract media interest and wide publicity. Medicine is a victim of its own success in this respect, and people are now led to expect the latest techniques and perfect outcomes on all occasions. This burst of technology and hyper-specialization in many fields of medicine means that each malpractice claim is transformed into a scientific challenge, requiring specific preparation in analysis and judgment of the clinical case in question. The role of legal medicine becomes more and more peculiar in this judicial setting, often giving rise to erroneous interpretations and hasty scientific verdicts, but guidelines on the methodology of ascertainments and criteria of evaluation are lacking all over the world.The aim of this volume is to clarify the steps required for sequential in-depth analysis of events and consequences of medical actions, in order to verify whether, in the presence of damage, errors or non-observance of rules of conduct by health personnel exist, and which causal values and links of their hypothetical misconduct are involved.
Mammon's Kingdom: An Essay on Britain, Now
by David MarquandSince 2008's financial crisis, we have heard much about the failures of bankers, regulators and politicians. David Marquand sees a wider issue: the fall of the public realm. The crisis, he argues, is one of our moral economy as much as of our political economy. Already, we are well advanced towards a near-Hobbesian state of genteel barbarism - and greed is all-pervasive.Setting out a framework for a new public philosophy founded on civic conscience and cooperation, Marquand seeks to spring the trap into which our culture has stumbled. The message is plain: we cannot continue on our present path.
The Mammoth Book of New CSI: Forensic science in over thirty real-life crime scene investigations (Mammoth Books #218)
by Nigel CawthorneDetailed accounts of over 30 contemporary cases, or older cases reopened as a result of advances in forensic science. Crime scene investigations draw on a wide range of cutting-edge technology including genetic fingerprinting, blood splatter analysis, laser ablation, toxicology and ballistics analysis. Cases covered here include: the abduction of Madeleine McCann; the vindication of Colin Stagg, convicted of having murdered Rachel Nickell; Hadden Clark who killed and ate a six-year-old child in Maryland; Robert Pickton, the Vancouver farmer who fed his female victims to his pigs; the murder of Meredith Kercher in Perugia (was Amanda Knox guilty?); Lindsay Hawker's gruesome death in Japan; Josef Fritzl and the cellar in which he imprisoned and raped his daughter.