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Beyond Punishment: Achieving International Criminal Justice
by M. Findlay R. HenhamInternational criminal justice is challenged to better reflect legitimate victim interest. This book provides a framework for achieving synthesis between restorative and retributive dimensions within international criminal trials in order to achieve the peace-making aspirations of the International Criminal Court.
Beyond Reasonable Doubt: Elliot Rook, QC: Book 1
by Gary BellElliot Rook QC is one of the greatest barristers of his generation. He is also a complete fraud.Elliot Rook is the epitome of a highly successful, old Etonian QC. Or so everyone believes. In fact, he is an ex-petty criminal with a past that he has spent decades keeping secret. Until now… An unidentified young woman of Middle Eastern origin has been found murdered on the outskirts of Rook's home town. Billy Barber – a violent football hooligan and white-supremacist – is accused of her murder. Barber insists that Rook must defend him. If Rook refuses, Barber will expose him, bringing crashing to the ground the life and career that Rook has spent his life building. The truth is there for the finding. But at what cost?The start of a thrilling new legal series, perfect for fans of Robert Galbraith and The Secret Barrister, written by an acclaimed QC
Beyond Religion: Ethics for a Whole World
by Dalai LamaIn 1999 His Holiness The Dalai Lama published the bestselling Ancient Wisdom: Modern World, which addressed the question of ethics for the new millennium. A decade later, His Holiness enters the contemporary debate about religion vs atheism, and returns to the theme of ethics with a major new work: Beyond Religion: ethics for a whole world.In this thought-provoking new book he argues that religion is not a necessity for pursuing a spiritual life. Rather, focusing on tolerance and understanding between religions, as well as tolerance and understanding between believers (of any faith) and non-believers is the way forward. The way to achieve such an approach, he proposes, is through a system of secular ethics grounded in a deep appreciation of our common humanity. Aimed particularly at the general reader, Beyond Religion: ethics for a whole world is a modern-day polemic which outlines those ethics he believes should be central to our lives.
Beyond Right and Wrong: The Power of Effective Decision Making for Attorneys and Clients
by Randall KiserLet us endeavor to see things as they are, and then enquire whether we ought to complain. Whether to see life as it is, will give us much consolation, I know not; but the consolation which is drawn from truth if any there be, is solid and durable: that which may be derived from errour, must be, like its original, fallacious and fugitive. Samuel Johnson, Letter to Bennet Langton (1758) Attorneys and clients make hundreds of decisions in every litigation case. From initially deciding which attorney to retain to deciding which witnesses to call at trial, from deciding whether to ?le a complaint to deciding whether to appeal a verdict, attorneys and clients make multiple, critical decisions about strategies, costs, arguments, valuations, evidence and negotiations. Once made, these de- sions are scrutinized by an opponent intent on exploiting the consequences of any mistake. In this intense and adversarial arena, decision-making errors often are transparent, irreversible and dispositive, wielding the power to bankrupt clients and dissolve law ?rms. Although attorneys and clients may regard sound decision making as incidental to effective lawyering, sound decision making actually is the essence of effective lawyering. An attorney’s knowledge, intelligence and experience are inert re- urces until the attorney decides how to deploy those skills to serve the client’s interests. Those decisions, in turn, largely determine a case’s course and outcome.
Beyond Roe: Why Abortion Should be Legal--Even if the Fetus is a Person
by David BooninMost arguments for or against abortion focus on one question: is the fetus a person? In this provocative and important book, David Boonin defends the claim that even if the fetus is a person with the same right to life you and I have, abortion should still be legal, and most current restrictions on abortion should be abolished. Beyond Roe points to a key legal precedent: McFall v. Shimp. In 1978, an ailing Robert McFall sued his cousin, David Shimp, asking the court to order Shimp to provide McFall with the bone marrow he needed. The court ruled in Shimp's favor and McFall soon died. Boonin extracts a compelling lesson from the case of McFall v. Shimp--that having a right to life does not give a person the right to use another person's body even if they need to use that person's body to go on living-and he uses this principle to support his claim that abortion should be legal and far less restricted than it currently is, regardless of whether the fetus is a person. By taking the analysis of the right to life that Judith Jarvis Thomson pioneered in a moral context and applying it in a legal context in this novel way, Boonin offers a fresh perspective that is grounded in assumptions that should be accepted by both sides of the abortion debate. Written in a lively, conversational style, and offering a case study of the value of reason in analyzing complex social issues, Beyond Roe will be of interest to students and scholars in a variety of fields, and to anyone interested in the debate over whether government should restrict or prohibit abortion.
Beyond Roe: Why Abortion Should be Legal--Even if the Fetus is a Person
by David BooninMost arguments for or against abortion focus on one question: is the fetus a person? In this provocative and important book, David Boonin defends the claim that even if the fetus is a person with the same right to life you and I have, abortion should still be legal, and most current restrictions on abortion should be abolished. Beyond Roe points to a key legal precedent: McFall v. Shimp. In 1978, an ailing Robert McFall sued his cousin, David Shimp, asking the court to order Shimp to provide McFall with the bone marrow he needed. The court ruled in Shimp's favor and McFall soon died. Boonin extracts a compelling lesson from the case of McFall v. Shimp--that having a right to life does not give a person the right to use another person's body even if they need to use that person's body to go on living-and he uses this principle to support his claim that abortion should be legal and far less restricted than it currently is, regardless of whether the fetus is a person. By taking the analysis of the right to life that Judith Jarvis Thomson pioneered in a moral context and applying it in a legal context in this novel way, Boonin offers a fresh perspective that is grounded in assumptions that should be accepted by both sides of the abortion debate. Written in a lively, conversational style, and offering a case study of the value of reason in analyzing complex social issues, Beyond Roe will be of interest to students and scholars in a variety of fields, and to anyone interested in the debate over whether government should restrict or prohibit abortion.
Beyond Scandinavian Exceptionalism: Normalization, Imprisonment and Society (Palgrave Studies in Prisons and Penology)
by Helene De VosThis book explores how prison life is normalized in different countries, with a critical and detailed look at ‘Scandinavian exceptionalism’ — the idea that Scandinavian prisons have exceptionally humane conditions — and compares these prisons to ones in Belgium. It provides a more nuanced, systematic and contextualized comparison of normalization in two countries. Through analyzing policy and legislative documents, participant observation and interviews, it seeks to understand how normalization is implemented differently in prison legislation, policies and practices and compares the two societies for context. It also considers the material prison environment, security, the social environment and the use of time in prison. It provides insights into how normalization can be successfully and holistically implemented in both policy and practice, to contribute to a more ‘pure’ form of liberty deprivation as punishment without too many unintended effects.
Beyond Shareholder Value: A Framework for Stakeholder Governance (Corporations, Globalisation and the Law series)
by P. M. VasudevThis timely and engaging book examines how maximizing shareholder value has played a dominant role in corporate governance over recent decades, and analyzes the resulting effect on share prices in the stock markets. Alongside the rise in corporate power and deepening economic inequality, the author investigates corporate law reform as a corrective remedy. Beyond Shareholder Value offers an astute analysis of key topics such as corporate incentive structures that reward executives for delivering shareholder value and permissive rules that enable companies to issue shares at will at rising valuations. P.M. Vasudev explores the laws intended to protect stakeholders and deftly unpacks the shortcomings in employment-related laws and antitrust enforcement. Demonstrating how alternative dispute resolution can be used to promote stakeholder governance, the book explains how the overly broad business judgment rule impedes effective adjudication of complex stakeholder disputes. This insightful book offers a new perspective on stakeholder governance, and will prove indispensable reading for academics and legal researchers working in the field of corporate law and governance. Its innovative approach will also benefit practitioners and policy makers alike.
Beyond Shareholder Wealth Maximisation: Towards a More Suitable Corporate Objective for Chinese Companies (Routledge Research in Corporate Law)
by Min YanThe corporate objective, namely, in whose interests a company should be run, is the most important theoretical and practical issue confronting us today, as this core objective animates or should animate every decision a company makes. Despite decades of debate, however, there is no consensus regarding what the corporate objective is or ought to be, but clarity on this issue is necessary in order to explain and guide corporate behaviour, as different objectives could lead to different analyses and solutions to the same corporate governance problem. In addition to the study on the corporate objective in Anglo-American jurisdictions, the discussion of this topic in the context of China is also very important on the grounds that China has become the second largest economy in the world and is playing an increasingly significant role in global affairs. Though a socialist state, China has also been relying heavily on the corporate vehicle as the most important business organisational form to ensure its rapid economic development since its market reforms in 1978. Adolf Berle and Gardiner Means’s observation made over eight decades ago that large public companies dominate the world remains true today, not only in the West but also in China. The regulation and governance of such companies will have a material impact on the further development of the Chinese economy, which could in turn directly affect the world economy. Company law and corporate governance therefore receive much attention and have become a vital issue in China. Although the current focus is primarily on corporate performance, the fundamental question at the heart of corporate governance, namely the corporate objective, is still unresolved. Contrary to the widely held belief that the corporate objective should be maximising shareholder wealth, this book seeks to demonstrate that the shareholder wealth maximisation approach is both descriptively inaccurate and normatively unsuitable. As an antithesis to it, stakeholder theory generally develops to be a more suitable substitute. Justifications and responses to its main criticisms are offered from descriptive, normative and instrumental aspects, whilst new techniques of balancing competing interests and more workable guidance for directors’ behaviour are brought forward as essential modifications. Along with the unique characteristics of socialist states, the stakeholder model is expected to find solid ground in China and guide the future development of corporate governance. This book will be important and useful to researchers and students of corporate law, corporate governance, business and management studies.
Beyond Shareholder Wealth Maximisation: Towards a More Suitable Corporate Objective for Chinese Companies (Routledge Research in Corporate Law)
by Min YanThe corporate objective, namely, in whose interests a company should be run, is the most important theoretical and practical issue confronting us today, as this core objective animates or should animate every decision a company makes. Despite decades of debate, however, there is no consensus regarding what the corporate objective is or ought to be, but clarity on this issue is necessary in order to explain and guide corporate behaviour, as different objectives could lead to different analyses and solutions to the same corporate governance problem. In addition to the study on the corporate objective in Anglo-American jurisdictions, the discussion of this topic in the context of China is also very important on the grounds that China has become the second largest economy in the world and is playing an increasingly significant role in global affairs. Though a socialist state, China has also been relying heavily on the corporate vehicle as the most important business organisational form to ensure its rapid economic development since its market reforms in 1978. Adolf Berle and Gardiner Means’s observation made over eight decades ago that large public companies dominate the world remains true today, not only in the West but also in China. The regulation and governance of such companies will have a material impact on the further development of the Chinese economy, which could in turn directly affect the world economy. Company law and corporate governance therefore receive much attention and have become a vital issue in China. Although the current focus is primarily on corporate performance, the fundamental question at the heart of corporate governance, namely the corporate objective, is still unresolved. Contrary to the widely held belief that the corporate objective should be maximising shareholder wealth, this book seeks to demonstrate that the shareholder wealth maximisation approach is both descriptively inaccurate and normatively unsuitable. As an antithesis to it, stakeholder theory generally develops to be a more suitable substitute. Justifications and responses to its main criticisms are offered from descriptive, normative and instrumental aspects, whilst new techniques of balancing competing interests and more workable guidance for directors’ behaviour are brought forward as essential modifications. Along with the unique characteristics of socialist states, the stakeholder model is expected to find solid ground in China and guide the future development of corporate governance. This book will be important and useful to researchers and students of corporate law, corporate governance, business and management studies.
Beyond Smart and Connected Governments: Sensors and the Internet of Things in the Public Sector (Public Administration and Information Technology #30)
by J. Ramon Gil-Garcia Theresa A. Pardo Mila Gasco-HernandezThis book provides a comprehensive introduction to the study of sensors and the Internet of Things (IoT) from a government and public policy perspective. Since 2011, federal spending on IoT has been growing at a compound annual rate of ten percent. New technologies, such as sensors, and new kinds of data, such as big data, are creating new ways to systematically capture data and to use it to respond to complex problems. Some of these new technologies and applications have been identified and studied in recent literature in terms of their relevance to government. This volume adds to the literature by presenting sound theories and concepts for understanding the opportunities and challenges governments face when seeking to improve public services and government operations through the use of IoT. It also includes innovative methodologies for building understanding of the potential of a smart and connected government. In addition, the book offers relevant case studies and practical recommendations for the development, management, and evaluation of public policies and government programs.
Beyond Speech: Pornography and Analytic Feminist Philosophy (Studies in Feminist Philosophy)
This collection of eleven new essays contains the latest developments in analytic feminist philosophy on the topic of pornography. While honoring early feminist work on the subject, it aims to go beyond speech act analyses of pornography and to reshape the philosophical discourse that surrounds pornography. A rich feminist literature on pornography has emerged since the 1980s, with Rae Langton's speech act theoretic analysis dominating specifically Anglo-American feminist philosophy on pornography. Despite the predominance of this literature, there remain considerable disagreements and precious little agreement on many key issues: What is pornography? Does pornography (as Langton argues) constitute women's subordination and silencing? Does it objectify women in harmful ways? Is pornography authoritative enough to enact women's subordination? Is speech act theory the best way to approach pornography? Given the deep divergences over these questions, the first goal of this collection is to take stock of extant debates in order to clarify key feminist conceptual and political commitments regarding pornography. This volume further aims to go beyond the prevalent speech-acts approach to pornography, and to highlight novel issues in feminist pornography-debates, including the aesthetics of pornography, trans* identities and racialization in pornography, and putatively feminist pornography.
BEYOND SPEECH SFP C: Pornography and Analytic Feminist Philosophy (Studies in Feminist Philosophy)
by Mari MikkolaThis collection of eleven new essays contains the latest developments in analytic feminist philosophy on the topic of pornography. While honoring early feminist work on the subject, it aims to go beyond speech act analyses of pornography and to reshape the philosophical discourse that surrounds pornography. A rich feminist literature on pornography has emerged since the 1980s, with Rae Langton's speech act theoretic analysis dominating specifically Anglo-American feminist philosophy on pornography. Despite the predominance of this literature, there remain considerable disagreements and precious little agreement on many key issues: What is pornography? Does pornography (as Langton argues) constitute women's subordination and silencing? Does it objectify women in harmful ways? Is pornography authoritative enough to enact women's subordination? Is speech act theory the best way to approach pornography? Given the deep divergences over these questions, the first goal of this collection is to take stock of extant debates in order to clarify key feminist conceptual and political commitments regarding pornography. This volume further aims to go beyond the prevalent speech-acts approach to pornography, and to highlight novel issues in feminist pornography-debates, including the aesthetics of pornography, trans* identities and racialization in pornography, and putatively feminist pornography.
Beyond the Banality of Evil: Criminology and Genocide (Clarendon Studies in Criminology)
by Augustine BranniganPositioning itself within significant developments in genocide studies arising from misgivings about two noteworthy observers, Arendt and Milgram, this book asks what lies 'beyond the banality of evil'? And suggests the answer lies within criminology. Offering the author's reflections about how to interpret genocide as a crime, Beyond the Banality of Evil: Criminology and Genocide endeavours to understand how the theories of criminal motivation might shed light on these stunning events and make them comprehensible. While a great deal has been written about the shortcomings of the obedience paradigm and 'desk murderers' when discussing the Holocaust, little has been said of what results when investigations are taken beyond these limitations. Through examination and analysis of the literature surrounding genocide studies, Brannigan frames the events within a general theoretical approach to crime before applying his own revised model, specifically to Rwanda and drawn from field-work in 2004 and 2005. This provides a new and compelling account of the dynamics of the 1994 genocide and its distinctive attributes of speed, popularity, totality and emotional indifference. With a focus on the disarticulation of personal culpability among ordinary perpetrators, Beyond the Banality of Evil questions the effectiveness of individual-level guilt imputation in these politically based, collectively orchestrated crimes, and raises doubts about the utility of criminal indictments that have evolved in the context of models of individual misconduct.
Beyond the Bottom Line: Integrating Sustainability into Business and Management Practice
by Milenko Gudić Tay Keong Tan Patricia M. FlynnBeyond the Bottom Line: Integrating the UN Global Compact into Management Practice is the first book to look at how the Ten UN Global Compact Principles and the sustainability agenda can be incorporated into business practice. The UN Global Compact is the largest corporate sustainability initiative and, with over 12,000 participating organizations, provides a major influence on global business sustainability practices. Its mission is to guide organizations in how to (1) do business responsibly by aligning their strategies and operations with Ten Principles on human rights, labour, environment and anti-corruption; and (2) take strategic actions to advance broader societal goals, such as the UN Sustainable Development Goals, with an emphasis on collaboration and innovation.This new book addresses head-on some of the most persistent managerial challenges faced by businesses and organizations today. To what extent are businesses able to practice responsible management with regard to the Ten Principles of the UN Global Compact? How can managers of organizations comprehensively and pragmatically address the risks and responsibilities concerning these complex and changing issues in their policies and practice? It also offers a platform for academics to confront some of the most intriguing intellectual challenges on this topic.
Beyond the Bottom Line: Integrating Sustainability into Business and Management Practice
by Milenko Gudic Tay Keong Tan Patricia M. FlynnBeyond the Bottom Line: Integrating the UN Global Compact into Management Practice is the first book to look at how the Ten UN Global Compact Principles and the sustainability agenda can be incorporated into business practice. The UN Global Compact is the largest corporate sustainability initiative and, with over 12,000 participating organizations, provides a major influence on global business sustainability practices. Its mission is to guide organizations in how to (1) do business responsibly by aligning their strategies and operations with Ten Principles on human rights, labour, environment and anti-corruption; and (2) take strategic actions to advance broader societal goals, such as the UN Sustainable Development Goals, with an emphasis on collaboration and innovation.This new book addresses head-on some of the most persistent managerial challenges faced by businesses and organizations today. To what extent are businesses able to practice responsible management with regard to the Ten Principles of the UN Global Compact? How can managers of organizations comprehensively and pragmatically address the risks and responsibilities concerning these complex and changing issues in their policies and practice? It also offers a platform for academics to confront some of the most intriguing intellectual challenges on this topic.
Beyond the Code: Protection of Non-Textual Features of Software
by Noam ShemtovAlthough the law on infringement is relatively straightforward in relation to the copying of literal and textual elements of software, it is the copying of non-literal and functional elements that poses complex and topical questions in the context of intellectual property (IP) protection. In many cases, it is these non-literal and functional elements that contain the real value of a software product. This book concerns the copying of non-literal and functional elements of software in both the United States and European Union, using a holistic approach to address the most topical questions facing experts concerned with legal protection of software products across a range of technological platforms. The book focuses on six distinct but interrelated areas: contract, copyright, patents, trade-dress, designs and trade secrets, discussing these areas separately and in relation to one another. The book discusses software as a multilayered functional product, setting the scene for other legal discussions by highlighting software's unique characteristics. It examines models for the provision of software, addressing licensing patterns and overall enforceability, as well as the statutory and judicial tools for regulating the use of such licences. It assesses the protection of non-literal and functional software elements under EU and US laws, focusing on internal architecture, interfaces, behavioural elements and GUIs.
Beyond the Code: Protection of Non-Textual Features of Software
by Noam ShemtovAlthough the law on infringement is relatively straightforward in relation to the copying of literal and textual elements of software, it is the copying of non-literal and functional elements that poses complex and topical questions in the context of intellectual property (IP) protection. In many cases, it is these non-literal and functional elements that contain the real value of a software product. This book concerns the copying of non-literal and functional elements of software in both the United States and European Union, using a holistic approach to address the most topical questions facing experts concerned with legal protection of software products across a range of technological platforms. The book focuses on six distinct but interrelated areas: contract, copyright, patents, trade-dress, designs and trade secrets, discussing these areas separately and in relation to one another. The book discusses software as a multilayered functional product, setting the scene for other legal discussions by highlighting software's unique characteristics. It examines models for the provision of software, addressing licensing patterns and overall enforceability, as well as the statutory and judicial tools for regulating the use of such licences. It assesses the protection of non-literal and functional software elements under EU and US laws, focusing on internal architecture, interfaces, behavioural elements and GUIs.
Beyond the Corporation: Humanity Working
by David Erdal* Beyond the Corporation is a book for our times. Offering inspiration and vision in the wake of financial Armageddon, it is the story of ordinary people who share the ownership of the businesses where they work.* The enterprises come in all sizes: from companies employing just a few dozen people, to large corporations: John Lewis in the UK, employing 70,000 'partners'; Mondragon, a highly entrepreneurial group of over 100 businesses in Spain, employing more than 100,000; and many examples in the US, some employing tens of thousands. It would be hard to imagine a better informed, more involved or more enthusiastic set of employees - sharing the efforts of making their companies successful, and sharing all of the rewards. Unusually in the corporate world, they control their own destinies - a situation beyond the dreams of most working people.* Erdal takes a hard look at those who insist, in the teeth of the evidence, that shared ownership will never work - a sorry tale, he argues, of prejudice masquerading as economic thinking. The book contains detailed case studies as well as interviews with a range of people, whose inspiring stories of success fly in the face of received wisdom. These successes include: high levels of productivity; sustained rapid growth; fast-moving, innovative responses to changing worlds; high levels of investment aimed at long-term prosperity; and, above all, the sheer happiness employees experience in working together in businesses that they own together, sharing the wealth that they create. * At a time when the 'orthodox' corporate economy has been badly shaken, Beyond the Corporation makes essential reading.
Beyond the Energy–Water–Food Nexus: New Strategies for 21st-Century Growth
by Will SarniProviding food, clean water and energy for a growing population is one of the greatest challenges facing public and private sector professionals. While there is widespread recognition of the complex feedback loops between energy, water and food, there has been less focus on viable solutions. This guide by Will Sarni – an internationally recognized thought leader on corporate water stewardship and water tech innovation – frames the key issues and challenges for business professionals, and then outlines emerging solutions which include both "soft path" and technology innovation approaches. The book includes case examples of multinational companies who are abandoning business as usual and moving beyond traditional thinking. It also highlights crucial new partnerships or "collective action initiatives" where NGOs, multinationals and the public sector come together to forge practical solutions to meet the needs of their stakeholders. Solutions to the energy–water–food nexus will need to be disruptive, not incremental, and will require technology innovation, new public–private partnerships, and changes in public policy. Beyond the Energy–Food–Water Nexus shows organizations how they can play their part in improving the quality of life for an urbanized global population while preserving the ecosystems that sustain us all.
Beyond the Energy–Water–Food Nexus: New Strategies for 21st-Century Growth (Doshorts Ser.)
by Will SarniProviding food, clean water and energy for a growing population is one of the greatest challenges facing public and private sector professionals. While there is widespread recognition of the complex feedback loops between energy, water and food, there has been less focus on viable solutions. This guide by Will Sarni – an internationally recognized thought leader on corporate water stewardship and water tech innovation – frames the key issues and challenges for business professionals, and then outlines emerging solutions which include both "soft path" and technology innovation approaches. The book includes case examples of multinational companies who are abandoning business as usual and moving beyond traditional thinking. It also highlights crucial new partnerships or "collective action initiatives" where NGOs, multinationals and the public sector come together to forge practical solutions to meet the needs of their stakeholders. Solutions to the energy–water–food nexus will need to be disruptive, not incremental, and will require technology innovation, new public–private partnerships, and changes in public policy. Beyond the Energy–Food–Water Nexus shows organizations how they can play their part in improving the quality of life for an urbanized global population while preserving the ecosystems that sustain us all.
Beyond the Established Legal Orders: Policy Interconnections between the EU and the Rest of the World
by Malcolm Evans Panos KoutrakosA lively debate on the constitutionalisation of the international legal order has emerged in recent years. A similar debate has also taken place within the European Union. This book complements that debate, exploring the underlying realities that the moves towards constitutionalism seek to address. It does this by focusing on the substantive interconnections that the EU has developed over the years with the rest of the world, and assesses the practical impact these have both in the development of its legal order as well as in the international community. Based on papers delivered at the bi-annual EU/International Law Forum organised by the University of Bristol in March 2009, this collection of essays examines policy areas of economic governance (trade, financial services, migration, environment), political governance (human rights, criminal law, responses to financing terrorism), security governance (counter-terrorism, use of force, non-proliferation), and the issue of the emergence of European and global values. How are these areas shaped by the interaction between EU law and other legal orders and polities? In what ways does the EU impact on other transnational legal systems? And how are its own rules and principles shaped by such systems? These questions are addressed in the light of the specific legal and political context within which the EU pursues its policies by interacting with the rest of the world.
Beyond the Five Whys: Root Cause Analysis and Systems Thinking
by James C. PatersonA straightforward explanation of root cause analysis and systems thinking, illustrating, with real-world examples and first-hand accounts, why things can ‘slip through our fingers’ and what to do to reduce the chances of things going off track. Beyond the Five Whys summarises, for the first time, many of the tried and tested ways of understanding problems using insights from aviation, high reliability organisations and a range of thought-provoking sources. The book provides readers with a clear and structured explanation how to analyse setbacks and head off problems in the first place. It will challenge much of the received wisdom, such as the idea there can be one root cause or that a person or bad culture could be a root cause. Specific areas covered: Learn what root causes are, how they differ from immediate and contributing causes and why it’s so important to go beyond the Five Whys technique for root cause analysis. Recalibrate the way you think about things going wrong, incorporating insights from systems thinking, so you can be clearer what ‘cultural’ or systemic problems mean in practice. Learn about the eight principal ways things can slip through our fingers. Go beyond the blame game and firefighting to avoid the never ending cycle of repeating issues. Strengthen your ability to read the output of a ‘lessons learned’ or enquiry report. Get a fresh perspective, using these techniques, on why the Titanic tragedy turned out so badly, and understand the numerous parallels between what happened then and a range of recent setbacks we have seen, such as the Covid 19 pandemic. Consider the broader application of these techniques to some of the challenges we face in the 21st century.Beyond the Five Whys also contains supplemental guidance how to make improvements in an organisation. It is of value to business managers and those in specialist roles such as GRC, ESG, risk, compliance, quality, project management, H&S, IT, and internal audit roles.
Beyond the Five Whys: Root Cause Analysis and Systems Thinking
by James C. PatersonA straightforward explanation of root cause analysis and systems thinking, illustrating, with real-world examples and first-hand accounts, why things can ‘slip through our fingers’ and what to do to reduce the chances of things going off track. Beyond the Five Whys summarises, for the first time, many of the tried and tested ways of understanding problems using insights from aviation, high reliability organisations and a range of thought-provoking sources. The book provides readers with a clear and structured explanation how to analyse setbacks and head off problems in the first place. It will challenge much of the received wisdom, such as the idea there can be one root cause or that a person or bad culture could be a root cause. Specific areas covered: Learn what root causes are, how they differ from immediate and contributing causes and why it’s so important to go beyond the Five Whys technique for root cause analysis. Recalibrate the way you think about things going wrong, incorporating insights from systems thinking, so you can be clearer what ‘cultural’ or systemic problems mean in practice. Learn about the eight principal ways things can slip through our fingers. Go beyond the blame game and firefighting to avoid the never ending cycle of repeating issues. Strengthen your ability to read the output of a ‘lessons learned’ or enquiry report. Get a fresh perspective, using these techniques, on why the Titanic tragedy turned out so badly, and understand the numerous parallels between what happened then and a range of recent setbacks we have seen, such as the Covid 19 pandemic. Consider the broader application of these techniques to some of the challenges we face in the 21st century.Beyond the Five Whys also contains supplemental guidance how to make improvements in an organisation. It is of value to business managers and those in specialist roles such as GRC, ESG, risk, compliance, quality, project management, H&S, IT, and internal audit roles.
Beyond the Formalist-Realist Divide: The Role of Politics in Judging (PDF)
by Brian Z. TamanahaAccording to conventional wisdom in American legal culture, the 1870s to 1920s was the age of legal formalism, when judges believed that the law was autonomous and logically ordered, and that they mechanically deduced right answers in cases. In the 1920s and 1930s, the story continues, the legal realists discredited this view by demonstrating that the law is marked by gaps and contradictions, arguing that judges construct legal justifications to support desired outcomes. This often-repeated historical account is virtually taken for granted today, and continues to shape understandings about judging. In this groundbreaking book, esteemed legal theorist Brian Tamanaha thoroughly debunks the formalist-realist divide. Drawing from extensive research into the writings of judges and scholars, Tamanaha shows how, over the past century and a half, jurists have regularly expressed a balanced view of judging that acknowledges the limitations of law and of judges, yet recognizes that judges can and do render rule-bound decisions. He reveals how the story about the formalist age was an invention of politically motivated critics of the courts, and how it has led to significant misunderstandings about legal realism. Beyond the Formalist-Realist Divide traces how this false tale has distorted studies of judging by political scientists and debates among legal theorists. Recovering a balanced realism about judging, this book fundamentally rewrites legal history and offers a fresh perspective for theorists, judges, and practitioners of law.