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Constructing Foucault's ethics: A poststructuralist moral theory for the twenty-first century
by Mark OlssenIn popularizing the term ‘speaking truth to power’, now widely used throughout the world, Michel Foucault established the basis upon which a new ethics can be constructed. This is the thesis that Mark Olssen advances in Constructing Foucault’s ethics. Olssen not only ‘speaks truth’ to existing moral and ethical theories that have dominated western philosophy since Plato, but also shows how, by using Foucault’s insights, an alternative ethical and moral theory can be established that both avoids the pitfalls of postmodern relativism and simultaneously grounds ethical, moral, and political discourse for the present age. Taking the late ‘ethical turn’ in the philosopher’s thought as its starting point, this ambitious study seeks to construct an ethics beyond anything Foucault ever attempted while remaining consistent with his core postulates. In doing so it advances the concept of ‘life continuance’, which expresses a normative orientation to the future in terms of the quest for survival and well-being, giving rise to irreducible normative values as part of the discursive order of events. This approach is explored in contrast with a range of other, established systems, from the Kantian to the Marxist to contract ethics and utilitarianism.
Constructing Foucault's ethics: A poststructuralist moral theory for the twenty-first century
by Mark OlssenIn popularizing the term ‘speaking truth to power’, now widely used throughout the world, Michel Foucault established the basis upon which a new ethics can be constructed. This is the thesis that Mark Olssen advances in Constructing Foucault’s ethics. Olssen not only ‘speaks truth’ to existing moral and ethical theories that have dominated western philosophy since Plato, but also shows how, by using Foucault’s insights, an alternative ethical and moral theory can be established that both avoids the pitfalls of postmodern relativism and simultaneously grounds ethical, moral, and political discourse for the present age. Taking the late ‘ethical turn’ in the philosopher’s thought as its starting point, this ambitious study seeks to construct an ethics beyond anything Foucault ever attempted while remaining consistent with his core postulates. In doing so it advances the concept of ‘life continuance’, which expresses a normative orientation to the future in terms of the quest for survival and well-being, giving rise to irreducible normative values as part of the discursive order of events. This approach is explored in contrast with a range of other, established systems, from the Kantian to the Marxist to contract ethics and utilitarianism.
Constructing Human Trafficking: Evangelicals, Feminists, and an Unexpected Alliance (Human Rights Interventions)
by Jennifer K. LobaszHuman trafficking has come to be seen as a growing threat, and transnational advocacy networks opposed to human trafficking have succeeded in establishing trafficking as a pressing political problem. The meaning of human trafficking, however, remains an object of significant—and heated—contestation. This project draws upon feminist and poststructuralist international relations theories to offer a genealogy of U.S. neo-abolitionism. The analysis examines activist campaigns, legislative and policy debates, and legislation surrounding human trafficking and the Trafficking Victims Protection Act in order to argue that the dominant US framing of trafficking as prostitution and sex slavery is not as hegemonic as scholars and activists commonly argue. In fact, constructions of human trafficking have become more amenable to reconfiguration, paradoxically in large part because of Evangelical attempts to widen the frame. This is an empirically novel and theoretically rich account of an urgent transnational issue of concern to activists, voters and policymakers around the globe.
Constructing Human Trafficking: Evangelicals, Feminists, and an Unexpected Alliance (Human Rights Interventions)
by Jennifer K. LobaszHuman trafficking has come to be seen as a growing threat, and transnational advocacy networks opposed to human trafficking have succeeded in establishing trafficking as a pressing political problem. The meaning of human trafficking, however, remains an object of significant—and heated—contestation. This project draws upon feminist and poststructuralist international relations theories to offer a genealogy of U.S. neo-abolitionism. The analysis examines activist campaigns, legislative and policy debates, and legislation surrounding human trafficking and the Trafficking Victims Protection Act in order to argue that the dominant US framing of trafficking as prostitution and sex slavery is not as hegemonic as scholars and activists commonly argue. In fact, constructions of human trafficking have become more amenable to reconfiguration, paradoxically in large part because of Evangelical attempts to widen the frame. This is an empirically novel and theoretically rich account of an urgent transnational issue of concern to activists, voters and policymakers around the globe.
Constructing Legal Systems: "European Union" in Legal Theory
by Neil MacCormickLegal theory has been much occupied with understanding legal systems and analysing the concept of legal system. This has usually been done on the tacit or explicit assumption that legal systems and states are co-terminous. But since the Rome Treaty there has grown up in Europe a `new legal order', neither national law nor international law, and under its sway older conceptions of state sovereignty have been rendered obsolete. At the same time, it has been doubted whether the `European Union' that has grown out of the original `European Communities' has a satisfactory constitution or any constitution at all. What kind of legal and political entity is this `Union' and how does it relate juridically and politically to its member states? Further, the activity of construing or constructing `legal system' and legal knowledge becomes visibly problematic in this context. These essays wrestle with the above problems.
Constructing Moral Concepts of God in a Global Age
by Myriam RenaudConstructing Moral Concepts of God in a Global Age focuses on what people say and think about God, rather than on arguments about God's existence. It advances a theological method, or step-by-step approach to explore and reframe personal convictions about God and the worldviews shaped by those convictions. Since a moral God is more likely to foster a moral life, this method integrates an ethical check to ensure that understandings of God and their associated worldviews are validly moral. The proposed method builds on the work of twentieth-century theologian Gordon Kaufman during the Kantian phase of his work. It anticipates a person-like God who hears prayers, loves without end, and comforts in times of hardship. To accommodate today’s pluralistic and globalized world, the ethical check integrated in the method is a widely collaborative and vetted global ethic, the Parliament of the World’s Religions "Declaration Towards a Global Ethic." This volume of constructive philosophical theology is written for seminary students, educators, clergy, study groups, and anyone interested in delving more deeply and systematically into understandings of God, whether their own or those of others.
Constructing Moral Concepts of God in a Global Age
by Myriam RenaudConstructing Moral Concepts of God in a Global Age focuses on what people say and think about God, rather than on arguments about God's existence. It advances a theological method, or step-by-step approach to explore and reframe personal convictions about God and the worldviews shaped by those convictions. Since a moral God is more likely to foster a moral life, this method integrates an ethical check to ensure that understandings of God and their associated worldviews are validly moral. The proposed method builds on the work of twentieth-century theologian Gordon Kaufman during the Kantian phase of his work. It anticipates a person-like God who hears prayers, loves without end, and comforts in times of hardship. To accommodate today’s pluralistic and globalized world, the ethical check integrated in the method is a widely collaborative and vetted global ethic, the Parliament of the World’s Religions "Declaration Towards a Global Ethic." This volume of constructive philosophical theology is written for seminary students, educators, clergy, study groups, and anyone interested in delving more deeply and systematically into understandings of God, whether their own or those of others.
Constructing Practical Reasons
by Andreas MüllerSome things are reasons for us to perform certain actions. That it will spare you great pain in the future, for example, is a reason for you to go to the dentist now, and that you are already late for work is a reason for you not to read the next article in the morning paper. Why are such considerations reasons for or against certain actions? Constructivism offers an intriguing answer to this question. Its basic idea is often encapsulated in the slogan that reasons are not discovered but made by us. Andreas Müller elaborates this idea into a fully-fledged account of practical reasons, makes its theoretical commitments explicit, and defends it against some well-known objections. Constructing Practical Reasons begins with an examination of the distinctive role that reason judgements play in the process of practical reasoning. This provides the resources for an anti-representationalist conception of the nature of those judgements, according to which they are true, if they are true, not because they accurately represent certain normative facts, but because of their role in sound reasoning. On the resulting view, a consideration owes its status as a reason to the truth of the corresponding reason judgement and thus, ultimately, to the soundness of a certain episode of reasoning. Consequently, our practical reasons exhibit a kind of mind-dependence, but this does not force us to deny their objectivity.
Constructing Practical Reasons
by Andreas MüllerSome things are reasons for us to perform certain actions. That it will spare you great pain in the future, for example, is a reason for you to go to the dentist now, and that you are already late for work is a reason for you not to read the next article in the morning paper. Why are such considerations reasons for or against certain actions? Constructivism offers an intriguing answer to this question. Its basic idea is often encapsulated in the slogan that reasons are not discovered but made by us. Andreas Müller elaborates this idea into a fully-fledged account of practical reasons, makes its theoretical commitments explicit, and defends it against some well-known objections. Constructing Practical Reasons begins with an examination of the distinctive role that reason judgements play in the process of practical reasoning. This provides the resources for an anti-representationalist conception of the nature of those judgements, according to which they are true, if they are true, not because they accurately represent certain normative facts, but because of their role in sound reasoning. On the resulting view, a consideration owes its status as a reason to the truth of the corresponding reason judgement and thus, ultimately, to the soundness of a certain episode of reasoning. Consequently, our practical reasons exhibit a kind of mind-dependence, but this does not force us to deny their objectivity.
Constructing Solidarity for a Liberative Ethic: Anti-Racism, Action, and Justice (Content and Context in Theological Ethics)
by T. DayConstructing Solidarity offers a critical path toward the transformation of white worldviews, theologies, ethics, and praxis for scholars, activists, religious leaders, and those seeking guidance.
Constructing the Craft of Public Administration: Perspectives from Australia
by Christine ShearerThis book draws on recent empirical research and reports unique insight into the craft of public administration of the most senior echelons of the Australian Public Service (APS).This work is set in the context of a comparative analysis of the significant public sector reforms by successive governments from the 1980s across Westminster polities. Such reforms and the contemporary management ideas on which they were based, including new managerialism and ‘new public management’ (NPM) travelled, were translated and transformed with some elements accepted and others rejected. This book addresses how the most senior public servants in the APS construct their craft today amid such reforms. Chapter two covers the myriad of public sector reforms across Westminster polities. Chapters three and four cover the environments and contemporary management ideas which influence public administration. Chapters five and six showcase the public actors and the responsibilities they execute when they construct their craft. The final chapter provides a conceptual model of the craft of public administration and provides implications for theory and practice.
Constructing the Person in EU Law: Rights, Roles, Identities
by Loïc Azoulai Ségolène Barbou Places Etienne PatautThe European Union places the 'individual' or person, 'at the heart of its activities'. It is a central concept in all of EU economics, politics, society and ethics. The 15 chapters in this innovative edited collection argue that EU law has had a transformative effect on this concept. The collection looks at the mechanisms used when 'constructing the person' in EU law. It goes beyond traditional literature on 'Europe and the Individual', exploring the question of personhood through critical and contextual perspectives. Constructing the Person in EU Law: Rights, Roles, Identities brings together contributions and debates from experts around Europe to this key question.
Constructing the Person in EU Law: Rights, Roles, Identities
by Loïc Azoulai Ségolène Barbou des Places Etienne PatautThe European Union places the 'individual' or person, 'at the heart of its activities'. It is a central concept in all of EU economics, politics, society and ethics. The 15 chapters in this innovative edited collection argue that EU law has had a transformative effect on this concept. The collection looks at the mechanisms used when 'constructing the person' in EU law. It goes beyond traditional literature on 'Europe and the Individual', exploring the question of personhood through critical and contextual perspectives. Constructing the Person in EU Law: Rights, Roles, Identities brings together contributions and debates from experts around Europe to this key question.
Construction Adjudication and Payments Handbook
by Dominique Rawley QC Merissa Martinez Kate Williams Peter LandConstruction Adjudication and Payments Handbook provides a user-friendly and practical guide to adjudication and payments under the Housing Grants, Construction and Regeneration Act 1996 and subsequent legislation. It provides a compendium of case law and materials which is invaluable to the construction industry, adjudicators, legal practitioners, and students. The book covers both the adjudication and payment provisions of the Act. It is set out in an accessible format dealing in turn with each of the major sections of the Act. It also covers how the courts approach challenges to enforcement of adjudication decisions. Alongside commentary from four expert authors, the book presents extracts from the leading cases, comprehensive tables, and insightful summaries of the relevant cases throughout. This title provides an indispensable review of the statutory framework and the judicial guidance and is an excellent resource for construction lawyers and industry professionals.
Construction Adjudication in Ireland
by Anthony HusseyThe Construction Contracts Act 2013 introduces adjudication for the construction industry in Ireland for the first time. The essence of adjudication is in providing a means whereby disputes as to payment under a construction contract are resolved quickly and cheaply. The key feature distinguishing adjudication from other processes is that the money found due by the adjudicator must be paid pending the outcome of arbitration or litigation. Its primary function, therefore, is to ensure cash flow for contractors and sub-contractors. Leading construction lawyer Anthony Hussey’s new book is the first to provide a section by section analysis of the Act itself, an analysis of the Code of Practice, and a discussion of the likely constitutional issues to which the legislation will give rise. This practical legal reference is aimed at all those involved in construction contract disputes, be they lawyers, architects, engineers, quantity surveyors, contractors and sub-contractors.
Construction Adjudication in Ireland
by Anthony HusseyThe Construction Contracts Act 2013 introduces adjudication for the construction industry in Ireland for the first time. The essence of adjudication is in providing a means whereby disputes as to payment under a construction contract are resolved quickly and cheaply. The key feature distinguishing adjudication from other processes is that the money found due by the adjudicator must be paid pending the outcome of arbitration or litigation. Its primary function, therefore, is to ensure cash flow for contractors and sub-contractors. Leading construction lawyer Anthony Hussey’s new book is the first to provide a section by section analysis of the Act itself, an analysis of the Code of Practice, and a discussion of the likely constitutional issues to which the legislation will give rise. This practical legal reference is aimed at all those involved in construction contract disputes, be they lawyers, architects, engineers, quantity surveyors, contractors and sub-contractors.
Construction Arbitration and Alternative Dispute Resolution: Theory and Practice around the World (Construction Practice Series)
by Renato NazziniThis book provides comprehensive, rigorous and up-to-date coverage of key issues that have emerged in the first quarter of the 21st Century in transnational construction arbitration and alternative dispute resolution (ADR). Covering four general themes, this book discusses: the increasing internationalisation of dispute resolution in construction law; the increasing reliance on technology in the management of construction projects and construction arbitration/ADR; the increasing prominence of collaborative contracting in construction and infrastructure projects; the increasing importance of contractual adjudication such as dispute boards in construction and infrastructure projects; the increasing prevalence of statutory adjudication mechanisms across the world; and the greater incidence of investment disputes and disputes against States and State entities over construction and infrastructure concessions and agreements. Tapping on their substantial expertise in practice and in research, the contributor team of senior practitioners and academics in the area of construction law and dispute resolution provide readers with information that balances an intellectually rigorous academic contribution against the backdrop of real concerns raised in practice. Construction Arbitration and Alternative Dispute Resolution is an invaluable resource for practitioners in the field, academics in arbitration and construction law, and post-graduate students in construction law and dispute resolution.
Construction Arbitration and Alternative Dispute Resolution: Theory and Practice around the World (Construction Practice Series)
by Renato NazziniThis book provides comprehensive, rigorous and up-to-date coverage of key issues that have emerged in the first quarter of the 21st Century in transnational construction arbitration and alternative dispute resolution (ADR). Covering four general themes, this book discusses: the increasing internationalisation of dispute resolution in construction law; the increasing reliance on technology in the management of construction projects and construction arbitration/ADR; the increasing prominence of collaborative contracting in construction and infrastructure projects; the increasing importance of contractual adjudication such as dispute boards in construction and infrastructure projects; the increasing prevalence of statutory adjudication mechanisms across the world; and the greater incidence of investment disputes and disputes against States and State entities over construction and infrastructure concessions and agreements. Tapping on their substantial expertise in practice and in research, the contributor team of senior practitioners and academics in the area of construction law and dispute resolution provide readers with information that balances an intellectually rigorous academic contribution against the backdrop of real concerns raised in practice. Construction Arbitration and Alternative Dispute Resolution is an invaluable resource for practitioners in the field, academics in arbitration and construction law, and post-graduate students in construction law and dispute resolution.
Construction Arbitration in Central and Eastern Europe: Contemporary Issues
by Crina Baltag Cosmin VasileConstruction Arbitration in Central and Eastern Europe Contemporary Issues Edited by: Crina Baltag & Cosmin Vasile The successful execution of a construction project is inextricably linked to the management of risks and the expeditious settlement of any disputes that may arise. In this regard, the wealth of experience gained by Central and Eastern European practitioners in dealing with complex issues arising in construction projects in the region is highly relevant to international arbitration. Thus, this timely book provides a combination of local expertise and cross-jurisdictional perspectives on topics that most often emerge in construction disputes and which resonate far beyond the specific region covered. The authors, all practitioners with significant expertise in international and domestic construction disputes in Central and Eastern European countries, focus on the following topics: the peculiarities of evidence in construction disputes; the probative value of dispute boards, as well as their enforceability; multi-party issues triggered by the participation of various stakeholders besides employer, contractor and subcontractors; provisional measures; arbitrability of contracts with public authorities; issues of liquidated damages; changes of legislation and costs over passage of time; time bar issues; and resolution of disputes related to construction projects as protected investments. Given the increasing number of disputes and the scarce resources available, this essential guide to contemporary topics in construction disputes, with its cross-border perspective, will prove invaluable to practitioners and to academics in the field of construction law and dispute resolution.
Construction Audit: Building a Solid Foundation (ISSN)
by Denise CicchellaConstruction Audit is becoming more and more prevalent, and organizations are appreciating its importance. Learning the basics of construction auditing can provide valuable knowledge and skills for professionals and students in the construction industry, offering insights into financial management, risk mitigation, compliance and overall project oversight.This book is not just for auditors, however. It could be used by project managers, integrity monitors, construction managers and anyone else who wants to understand the elements that go into creating a successful project. Legal teams involved in contracting and overpayment recovery will also benefit.This book: Walks you through all phases of construction, starting with project inception. It will guide the reader through all the processes and the risks in each of these. Will guide the reader through the many challenges they will face throughout the life of the project. This book provides real-life solutions to common problems in construction. Introduces project management techniques; while not concentrating on a special methodology, the book builds on project management fundamentals. Understanding this will help enable the reader to talk to project managers more effectively. Defines the components of a successful project and gives the reader the tools needed to ensure these components. Uses real-life examples of control breakdowns, errors or fraud. Will help readers build an audit strategy and plan by understanding risks and effective controls that can be implemented to mitigate risk. Whether tackling your first project or your 21st project, this book will help you think outside the box and understand the finite processes and pieces of your project. There is always room for something new, new perspectives or improvement, and this book will help you find it.
Construction Audit: Building a Solid Foundation (ISSN)
by Denise CicchellaConstruction Audit is becoming more and more prevalent, and organizations are appreciating its importance. Learning the basics of construction auditing can provide valuable knowledge and skills for professionals and students in the construction industry, offering insights into financial management, risk mitigation, compliance and overall project oversight.This book is not just for auditors, however. It could be used by project managers, integrity monitors, construction managers and anyone else who wants to understand the elements that go into creating a successful project. Legal teams involved in contracting and overpayment recovery will also benefit.This book: Walks you through all phases of construction, starting with project inception. It will guide the reader through all the processes and the risks in each of these. Will guide the reader through the many challenges they will face throughout the life of the project. This book provides real-life solutions to common problems in construction. Introduces project management techniques; while not concentrating on a special methodology, the book builds on project management fundamentals. Understanding this will help enable the reader to talk to project managers more effectively. Defines the components of a successful project and gives the reader the tools needed to ensure these components. Uses real-life examples of control breakdowns, errors or fraud. Will help readers build an audit strategy and plan by understanding risks and effective controls that can be implemented to mitigate risk. Whether tackling your first project or your 21st project, this book will help you think outside the box and understand the finite processes and pieces of your project. There is always room for something new, new perspectives or improvement, and this book will help you find it.
Construction Auditing: Planning - Implementation - Use
by Peter Wotschke Gregor KindermannThe task of construction auditing is to check construction projects for compliance and legality as well as economic efficiency. Based on the development process of a construction project - from the idea to the operation - this technical book shows how the project execution must be planned and documented in order to withstand an audit. The book provides an overview of national and international regulations and derives concrete recommendations for action from practical examples..
Construction Claims and Responses: Effective Writing and Presentation
by Andy HewittA practical, step-by-step guide for contracts managers, commercial managers, project managers, quantity surveyors, engineers and architects on the preparation of and responses to construction claims. Everyone involved in the preparation or review of construction claims should have this book to hand. The book examines the different types of claim common to construction contracts and presents a step-by-step guide to demonstrate the process of building up the submission of a claim and covers: Various types of claim. How the claim may be split into sections dealing with the details of the contract, the cause, the effect, entitlement and quantum. What this section is attempting to demonstrate or achieve and why. What should be included within the section and why. Worked examples of typical claims and responses with sample wording.
Construction Claims and Responses: Effective Writing and Presentation
by Andy HewittA practical, step-by-step guide for contracts managers, commercial managers, project managers, quantity surveyors, engineers and architects on the preparation of and responses to construction claims. Everyone involved in the preparation or review of construction claims should have this book to hand. The book examines the different types of claim common to construction contracts and presents a step-by-step guide to demonstrate the process of building up the submission of a claim and covers: Various types of claim. How the claim may be split into sections dealing with the details of the contract, the cause, the effect, entitlement and quantum. What this section is attempting to demonstrate or achieve and why. What should be included within the section and why. Worked examples of typical claims and responses with sample wording.
Construction Claims and Responses: Effective Writing and Presentation
by Andy HewittFeaturing a Foreword by Roger Knowles FRICS, FCIArb, FQSi, Barrister The book discusses the different types of claim common to construction contracts and presents a step-by-step guide which demonstrates the process of building up the submission of a claim. It includes guidelines as to how to set out the claim, section by section in a logical manner to ensure that the essentials of a successful claim are included. Worked examples of claims for variations, extensions of time and additional payment are included together with sample wording showing precisely how the claim may be presented in a manner which will lead the reviewer to a logical conclusion - or at least contain a persuasive argument to support the claimant’s case. The vast majority of claims are managed without the need to resort to case law or legal matters. Construction Claims: effective writing & responses therefore discusses what the claim is trying to achieve and how to do this in a logical and persuasive manner This is a practical, hands-on guide for the construction industry professional which explains how to approach the preparation of the claim document, what topics to cover, how to present the essential elements and how to compile the submission document into a user friendly and comprehensive document. For those whose job it is to review such submissions, it advises how to prepare responses which set out the respondent’s counter arguments, points of view and determinations. The guide covers: The various types of claim. How the claim may be split into sections dealing with the details of the contract, the cause, the effect, entitlement and quantum. What this section is attempting to demonstrate or achieve and why. What should be included within the section and why. Worked examples of typical claims and responses with sample wording.