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Character in the Criminal Trial (Oxford Monographs on Criminal Law and Justice)
by Mike RedmayneIf a defendant is on trial for a crime such as burglary, to what extent should the fact that he has a previous conviction for burglary feature in his trial? Should the prosecution be allowed to tell the jury about the previous conviction as evidence that the defendant is more likely to have committed burglary? Should the judge give the defendant a longer sentence because he has a previous conviction? These are the fundamental questions examined in Character in the Criminal Trial. Including an in-depth analysis of the character evidence provisions of the Criminal Justice Act 2003, this book assesses the arguments for and against using character evidence to prove a defendant's guilt. It explores the sentencing provisions in the same Act, as well as the general use of criminal record and other character evidence to aggravate and mitigate sentence. Issues examined in the course of the book include: psychological and philosophical debates about the stability of character; criminological research on recidivism and the nature of criminal careers; ethical debates about the use of prior behaviour to prove current or future offending; the process of reasoning underlying the use of bad character evidence; whether bad character evidence is prejudicial; and the use of risk assessment instruments to classify offenders as dangerous. By combining insights from law, psychology, criminology, and philosophy, Redmayne reassesses the use of character in the criminal trial and reflects on the significance of the law's increasing emphasis on character.
Character in the Criminal Trial (Oxford Monographs on Criminal Law and Justice)
by Mike RedmayneIf a defendant is on trial for a crime such as burglary, to what extent should the fact that he has a previous conviction for burglary feature in his trial? Should the prosecution be allowed to tell the jury about the previous conviction as evidence that the defendant is more likely to have committed burglary? Should the judge give the defendant a longer sentence because he has a previous conviction? These are the fundamental questions examined in Character in the Criminal Trial. Including an in-depth analysis of the character evidence provisions of the Criminal Justice Act 2003, this book assesses the arguments for and against using character evidence to prove a defendant's guilt. It explores the sentencing provisions in the same Act, as well as the general use of criminal record and other character evidence to aggravate and mitigate sentence. Issues examined in the course of the book include: psychological and philosophical debates about the stability of character; criminological research on recidivism and the nature of criminal careers; ethical debates about the use of prior behaviour to prove current or future offending; the process of reasoning underlying the use of bad character evidence; whether bad character evidence is prejudicial; and the use of risk assessment instruments to classify offenders as dangerous. By combining insights from law, psychology, criminology, and philosophy, Redmayne reassesses the use of character in the criminal trial and reflects on the significance of the law's increasing emphasis on character.
Character, Liberty and Law: Kantian Essays in Theory and Practice (Library of Ethics and Applied Philosophy #3)
by J.G. MurphyJeffrie G. Murphy's third collection of essays further pursues the topics of punishment and retribution that were explored in his two previous collections: Retribution, Justice and Therapy and Retribution Reconsidered. Murphy now explores these topics in the light of reflections on issues that are normally associated with religion: forgiveness, mercy, and repentance. He also explores the general issue of theory and practice and discusses a variety of topics in applied ethics - e.g., freedom of artistic expression, the morality of gambling, and the value of forgiveness in psychological counseling. As always, his perspective may be described as Kantian; and, indeed, this collection contains the first extended piece of Kant scholarship that he has done in years: a long essay on Kant on theory and practice.
Character Merchandising: Protection Under IP Laws
by Vandana MahalwarThis book addresses the key issues, challenges and implications arising out of unauthorised acts of character merchandising. It offers deep insights into the philosophical justifications for the protection of persona. The book examines what qualifies as a character and its legal rights, namely property rights, personality rights and publicity rights. In the absence of any explicit statutory protection of characters, this work provides new insights into how intellectual property laws can be used to prevent unauthorized character merchandising. It critically evaluates various tests introduced by courts to determine the copyrightability of characters. It also analyses the dicta of the different courts justifying the effective protection of the rights of publicity. Since there is no uniform standard for the recognition and protection of image rights, this book presents a global perspective and developments on the subject with the help of judicial decisions. Drawing on the diverse judicial treatments, it explores whether an exclusive legal approach is required to address the concerns that emerge from unauthorised character merchandising. The book is of immense interest for researchers, academicians, policy makers and practitioners who work in this area. For researchers and academicians, the book offers new insights on how IP laws can be used to prevent unauthorized exploitation of persona. For practitioners, it provides an effective and more consistent approach to the interpretation of international intellectual property instruments. For policymakers, the objectives of protecting the legal rights of characters, is of specific interest. The book will further be of interest to governmental organizations and NGOs who want to advance their lawful merchandising agendas.
The Character of Petroleum Licences: A Legal Culture Analysis (New Horizons in Environmental and Energy Law series)
This innovative book explores the legal character of petroleum licences, a key vehicle governing the relationship between oil companies and their host states. Examining the issue through the lens of legal culture, it illustrates why some jurisdictions exert strong state control and others only minimal. Critically investigating the nature of a petroleum licence, the book analyses whether it is a mere administrative right, a contract or something more akin to property rights. Chapters examine recent developments, such as the UK’s strategy of maximizing economic recovery and the opposition to drilling for oil in Norway and Australia. Outside of Western petroleum jurisdictions, the book also explores several long-established jurisdictions including Russia and Mexico, as well as emerging jurisdictions, such as China and Uganda. Taking a contextual and system-oriented approach, it reveals the preconditions of the petroleum licence regime and offers a critical insight into the reasons behind alterations to the terms of the licences. Encompassing a wide variety of legal cultures and experiences, this thought-provoking book will prove to be a valuable resource for academics and students of energy law, particularly those with an interest in state regulation. It will also provide useful insights for industry-based practitioners.
The Character of the Manager: From Office Executive to Wise Steward (Humanism in Business Series)
by G. BeaboutExplores Alasdair MacIntyre's criticisms of the manager and retrieves an interdisciplinary approach to character transforming arguments. The manager as wise steward is proposed as a model for virtuous management.
Character Trouble: Undisciplined Essays on Moral Agency and Personality
by John M. DorisJohn M. Doris has been a leading proponent of interdisciplinary approaches to moral psychology since their rise to prominence in the 1990's. His work has helped foster a methodological reorientation in the field, and has had a transformative effect on the way philosophers approach questions of character, virtue, and agency. This volume collects a selection of Doris' work spanning 20 years, focusing on the ways in which human personality orders (and fails to order) moral cognition and behaviour. It also presents two new chapters, which together form an in-depth assessment of recent developments in the moral psychology of character, as well as a closing commentary outlining methodological recommendations for those aspiring to do empirically responsible moral psychology. Together, these works present a distinctive vision of moral psychology which will engage both philosophers and psychologists.
Character Trouble: Undisciplined Essays on Moral Agency and Personality
by John M. DorisJohn M. Doris has been a leading proponent of interdisciplinary approaches to moral psychology since their rise to prominence in the 1990's. His work has helped foster a methodological reorientation in the field, and has had a transformative effect on the way philosophers approach questions of character, virtue, and agency. This volume collects a selection of Doris' work spanning 20 years, focusing on the ways in which human personality orders (and fails to order) moral cognition and behaviour. It also presents two new chapters, which together form an in-depth assessment of recent developments in the moral psychology of character, as well as a closing commentary outlining methodological recommendations for those aspiring to do empirically responsible moral psychology. Together, these works present a distinctive vision of moral psychology which will engage both philosophers and psychologists.
Characterisation in Federations: Six Countries Compared
by Gregory TaylorIn this work Dr. Taylor surveys the federal countries of the world and asks how they divide power among the constituent units of the federation. In so doing, he considers not only the formal constitutional text, but, far more importantly, the case law that has grown up around it as the Courts develop approaches to interpreting provisions for the distribution of powers. This enables conclusions to be drawn about the effectiveness of various structural and interpretative approaches to the distribution of powers within federations.
Charging Orders On Land: (pdf)
by Falcon Chambers'Charging Orders on Land: Law, Practice and Precedents' (first edition published as 'The Law and Practice of Charging Orders on Land') is an authoritative and practical guide to the issues of enforcement of money judgments by obtaining a charging order over the debtor’s property and then an order for sale. Such orders are frequently sought but can give rise to difficult issues, particularly in terms of the exercise of discretion by the courts and in relation to priorities. Not only does the book examine the legal principles, but it explains how to apply for a charging order. It provides practical advice and sets out the relevant procedural steps for each stage of enforcement. Less usual situations, such as sanctions, overseas entities, and tenanted property, are also covered. The second edition deals with the new CPR procedure for obtaining charging orders and provides practitioners with a wide range of useful precedents. This edition also contains a new chapter on insolvency regimes.
The Charismatic City and the Public Resurgence of Religion: A Pentecostal Social Ethics of Cosmopolitan Urban Life (Christianity and Renewal - Interdisciplinary Studies)
by N. WaribokoTwo powerful and interrelated transnational cultural expressions mark our epoch, Charismatic spirituality and global city. This book demonstrates how these two forces can be used to inform ethical design of cities and their common social lives to best support human flourishing, spirituality, and social and ecological wellbeing of their residents.
Charity Administration Handbook
by Don Bawtree Kate KirklandCharity Administration Handbook provides all the information needed to set up and run a charity or non-profit organisation effectively. Written in a non-technical and accessible way, this book is an essential reference work for charity administrators and their professional advisers.Completely restructured to follow the lifecycle of a charity from start up to dissolution, this title also uses helpful signposts and cross-references throughout to make it user-friendly and easy to navigate.The comprehensive coverage includes: Setting up a charity Governing a charity Managing charity regulation Managing charity finance Generating income Managing charities Managing staff and volunteers Winding up a charity There have been many developments in this sector which are reflected in this new edition, as follows: · New fundraising regime has been introduced· New Charities Act 2016 has been published· Charities SORP has been updated (Charities SORP (FRS 102)/Charities SORP (FRS 102) Update Bulletin 1)· New Northern Ireland regulatory regime has been implemented· There have been audit rule changes (eg new guidance on independent examination of charity accounts and whistleblowing)· New charity governance code has been published· New guidance on conflicts of interest has been published· The Common Reporting Standard is a new requirement for many charities who are investment entities to report any payments made to tax residents outside the UK, under the Automatic Exchange of Information requirements· There is a new requirement to hold Register of People with Significant Control· New chapters on 'Digital Fundraising' and 'Brexit'· Reworked chapter on 'Tax effective giving' to take account of new benefits under Gift Aid, changes to Retail Gift Aid, the Small Donations Scheme and the Cultural Gifts Scheme· Reworked chapters on 'Data Protection' and 'Employee Data Protection Rights' in light of the GDPR· New content on 'Safeguarding children and adults at risk' to reflect the updated 2017 Charity Commission guidance· Reworked 'Generating Income' chapter as a result of the establishment of the new Fundraising Regulator and the Charities (Protection and Social Investment) Act 2016· More diagrams/precedents/checklists are included
Charity Crossing Borders: The Fundamental Freedoms' Influence on Charity and Donor Taxation in Europe
by Sabine HeidenbauerThroughout the European Union, national income tax systems support charitable activities by way of preferential treatment. However, a number of Member States operate relief regimes which appear to trigger the question of compatibility with Union law with respect to the fundamental freedoms. In this first study to examine charity and donor taxation regimes across a wide range of Member States, the author focuses on compatibility with EU non-discrimination law. She examines twenty national regimes, both comparatively and from the perspective of overarching EU law. The countries covered are Austria, Belgium, Bulgaria, Cyprus, Estonia, Finland, Germany, Hungary, Ireland, Italy, Latvia, Lithuania, Malta, The Netherlands, Poland, Portugal, Slovakia, Spain, Sweden, and the United Kingdom. Although charity and donor taxation falls within the competence of the Member States, they must nonetheless observe primary Union law and grant non-discriminatory treatment where a fact pattern falls within the ambit of the fundamental freedoms. In the course of defining this framework, the study addresses such issues as the following: types of relief schemes maintained for charities and donors; administrative requirements; international aspects (both inbound and outbound); privileged donations and capital gains treatment of in-kind donations; eligible donees; whether and to what extent charitable entities and donors can actually rely on the fundamental freedoms; specific applicability of each of the relevant fundamental freedoms; the issue of comparability; justifications for restrictive measures in Member State practice; and the issue of proportionality.
Charity Law: International Perspectives
by Juliet Chevalier-WattsThis work provides an analytical and comparative analysis of the development of charity law, as well as providing a critical commentary on a number of contemporary changes within the charity law field across a range of common law jurisdictions. The book follows earlier studies which cover a similar, and traditional, jurisdictional spread, but which are now dated. It further considers in detail charity law issues within Hong Kong and Singapore, about which there has been historically more limited charity law discussion. The area is growing in terms of practical legal and academic interest.
Charity Law: International Perspectives
by Juliet Chevalier-WattsThis work provides an analytical and comparative analysis of the development of charity law, as well as providing a critical commentary on a number of contemporary changes within the charity law field across a range of common law jurisdictions. The book follows earlier studies which cover a similar, and traditional, jurisdictional spread, but which are now dated. It further considers in detail charity law issues within Hong Kong and Singapore, about which there has been historically more limited charity law discussion. The area is growing in terms of practical legal and academic interest.
Charity Law: Exploring the Concept of Public Benefit
by Daniel Halliday and Matthew HardingThis book investigates and critically evaluates the concept of public benefit within charity law in the common law world. In the course of the study the book: provides a rich account of how the concept of public benefit has developed over time in charity law jurisprudence; deepens understanding of the aspects of public benefit that remain poorly understood even today; and suggests ways in which public benefit jurisprudence might develop in an orderly and principled way so as to better address some of the core concerns of charity law and the public policy objectives that lie behind it. The book includes contributions from world leading charity law experts and jurists. Each chapter reflects on a key aspect of public benefit jurisprudence in charity law. The topics have been chosen carefully to ensure coverage of most if not all of the large unresolved questions relating to public benefit in the common law world. Each chapter is accompanied by a comment, written by an academic expert or leading practitioner. The comments complement the chapters by critically engaging with those chapters and by offering different and thought-provoking perspectives on the subject matter of the chapters. The book will be of interest to academics working in law, philosophy, economics, sociology and political science. It will also provide a valuable resource for legal practitioners and judges, government officials, especially charity regulators, and in the not-for-profit sector itself.
Charity Law: Exploring the Concept of Public Benefit
by Daniel Halliday Matthew HardingThis book investigates and critically evaluates the concept of public benefit within charity law in the common law world. In the course of the study the book: provides a rich account of how the concept of public benefit has developed over time in charity law jurisprudence; deepens understanding of the aspects of public benefit that remain poorly understood even today; and suggests ways in which public benefit jurisprudence might develop in an orderly and principled way so as to better address some of the core concerns of charity law and the public policy objectives that lie behind it. The book includes contributions from world leading charity law experts and jurists. Each chapter reflects on a key aspect of public benefit jurisprudence in charity law. The topics have been chosen carefully to ensure coverage of most if not all of the large unresolved questions relating to public benefit in the common law world. Each chapter is accompanied by a comment, written by an academic expert or leading practitioner. The comments complement the chapters by critically engaging with those chapters and by offering different and thought-provoking perspectives on the subject matter of the chapters. The book will be of interest to academics working in law, philosophy, economics, sociology and political science. It will also provide a valuable resource for legal practitioners and judges, government officials, especially charity regulators, and in the not-for-profit sector itself.
Charity Law, Accounting and Taxation in Scotland: Improvisation And The Theatre (Bloomsbury Revelations Ser.)
by Gillian Donald Simon MackintoshCharity Law, Accounting and Taxation in Scotland (originally titled: Charity Law in Scotland) offers an accessible, intelligent and comprehensive account of the wide-reaching changes in Scottish charity law in recent years. Changes covered include:Implementation of the Charities and Trustee Investment (Scotland) Act 2005 and regulations;The formation of the Office of the Scottish Charity Regulator (OSCR) which has responsibility for charity status and maintains the Scottish Charity Register. This book is essential reading for legal practitioners and accountants, as well as trustees and managers of charities.
Charity Law & Social Policy: National and International Perspectives on the Functions of the Law Relating to Charities (Library of Public Policy and Public Administration #10)
by Kerry O'Halloran Myles McGregor-Lowndes Karla SimonCharity Law & Social Policy explores contemporary law, policy and practice in a range of modern common law nations in four parts and from the perspective of how this has evolved in the UK. As progenitor of a system bequeathed to its colonies and after centuries of leadership in developing the core principles, policies and precedents that subsequently shaped its development, the contribution of England & Wales, the originating jurisdiction, is first described and analysed in detail in Parts 1 and 2. These broadly sketch the parameters and role of ‘charity’ – seen as a mix of public and private interests - then address the law’s role in protecting, policing, adjusting and supporting charity. This provides the critical dimensions for the comparative analysis of experience in the common law nations that constitutes the main part of the book. Part 3, in 5 chapters, provides an analysis of the legal functions as they apply to type of need and thereby give effect to social policy in Singapore, Australia, New Zealand, Canada and the United States of America. Part 4 concludes with three chapters that appraise political influence as a factor in aligning charity law with social policy to create a facilitative environment for appropriate charitable activity. Attention is given to the central role of the regulator, contemporary charity law frameworks and definitional boundaries.
Charity Management: Leadership, Evolution, and Change (Charity and Non-Profit Studies)
by Sarah MitchellBritain faces challenges that weren’t imaginable thirty years ago, challenges which charities, rooted as they are in community action and the public good, should be ideally suited to tackle. But the charity sector seems paralysed. Even after a decade of cuts and immense social and environmental disruption charities are still fighting hard to maintain business as usual. To develop new responses to our changing world the charity sector desperately needs to reinvent itself, radically re-engaging with communities and developing powerful and scalable responses to the challenges facing the UK in the coming decades. What are the ties that bind charities, rendering them unable to re-invent themselves and to re-imagine their services, even when they face existential crises? This book explores how charities in the UK really operate, as seen through the eyes of people who work in and with charities, and investigates what holds charities back from change. It demonstrates what we can learn from entrepreneurship and market disruption in the private sector, and points to ways in which the sector can re-imagine what it does and how it does this. It presents a new ambition for charities to break free of their history and imagine a new role for themselves in shaping the future for our society. Presenting a new ambition for charities to imagine a new role for themselves in shaping the future for our society, this volume is especially valuable for academics and professionals in the fields of charity and non-profit management, organisational change, and strategic management.
Charity Management: Leadership, Evolution, and Change (Charity and Non-Profit Studies)
by Sarah MitchellBritain faces challenges that weren’t imaginable thirty years ago, challenges which charities, rooted as they are in community action and the public good, should be ideally suited to tackle. But the charity sector seems paralysed. Even after a decade of cuts and immense social and environmental disruption charities are still fighting hard to maintain business as usual. To develop new responses to our changing world the charity sector desperately needs to reinvent itself, radically re-engaging with communities and developing powerful and scalable responses to the challenges facing the UK in the coming decades. What are the ties that bind charities, rendering them unable to re-invent themselves and to re-imagine their services, even when they face existential crises? This book explores how charities in the UK really operate, as seen through the eyes of people who work in and with charities, and investigates what holds charities back from change. It demonstrates what we can learn from entrepreneurship and market disruption in the private sector, and points to ways in which the sector can re-imagine what it does and how it does this. It presents a new ambition for charities to break free of their history and imagine a new role for themselves in shaping the future for our society. Presenting a new ambition for charities to imagine a new role for themselves in shaping the future for our society, this volume is especially valuable for academics and professionals in the fields of charity and non-profit management, organisational change, and strategic management.
Charity with Chinese Characteristics: Chinese Charitable Foundations between the Party-state and Society (Elgar Studies in Law and Society)
by Katja Levy Knut B. PisslerThis thought-provoking book explores the functions of charitable foundations in the People's Republic of China. Using both empirical fieldwork and extensive textual analysis, it examines the role of foundations in Chinese society and their relationship with the Chinese government. Taking an interdisciplinary approach, Katja Levy and Knut Benjamin Pissler offer a comprehensive overview of the contemporary legal and political frameworks within which Chinese charitable foundations operate, as well as an assessment of their historical and traditional contexts. They re-evaluate the existing literature on China’s civil society, and provide a new, functional perspective on the role of foundations, complementing mainstream civil society and corporatist perspectives. This incisive book will be invaluable reading for scholars researching the third sector in China, as well as practitioners working in this sector. Scholars and students of contemporary Chinese law, politics and society will also find its insights useful.
Charles Bonnet and the Order of the Known (Studies in the History of Modern Science #11)
by L. AndersonCharles Bonnet began his career as a naturalist, from an early age establishing a reputation as a careful observer. It is for those youthful observations, as well as for some suggestive speculations proposed relative to this field, that he is best remembered in English-speaking countries: regarding the taxonomic de mands of natural history he refurbished the idea of a chain of beings; regarding the question of generation he marshaled evidence in support of preforma tion theory; and regarding the analysis of the physiology of the nervous system he advanced a theory that individual nerve fibers receive and retain specific sensations. Following his loss of eyesight in his mid-twenties Bonnet entered a more reflective period, turning to philosophy and pondering the nature of human understanding - considerations he had formerly disdained, but that now seemed a natural outgrowth of his reflections on nature. This essay focuses on the philosophical and psychological works of the later period, the period in which he wrote all his major books. By giving these writings a broader exposure it has been one of my hopes that Bonnet's audience would also be broadened, releasing him, so to speak, from the charge of historians of science so that he might fmd his way, in general books on the "Enlightenment", from scattered footnotes into the texts themselves.
Charles Taylor, Michael Polanyi and the Critique of Modernity: Pluralist and Emergentist Directions
by Charles W. Lowney IIThis book provides a timely, compelling, multidisciplinary critique of the largely tacit set of assumptions funding Modernity in the West. A partnership between Michael Polanyi and Charles Taylor's thought promises to cast the errors of the past in a new light, to graciously show how these errors can be amended, and to provide a specific cartography of how we can responsibly and meaningfully explore new possibilities for ethics, political society, and religion in a post-modern modernity.
Charles Taylor, Michael Polanyi and the Critique of Modernity: Pluralist and Emergentist Directions
by Charles W. Lowney IIThis book provides a timely, compelling, multidisciplinary critique of the largely tacit set of assumptions funding Modernity in the West. A partnership between Michael Polanyi and Charles Taylor's thought promises to cast the errors of the past in a new light, to graciously show how these errors can be amended, and to provide a specific cartography of how we can responsibly and meaningfully explore new possibilities for ethics, political society, and religion in a post-modern modernity.