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Contesting the Arctic: Politics and Imaginaries in the Circumpolar North (International Library of Human Geography)
by Philip E. Steinberg Jeremy Tasch Hannes Gerhardt Adam Keul Elizabeth A. NymanAs climate change makes the Arctic a region of key political interest, so questions of sovereignty are once more drawing international attention. The promise of new sources of mineral wealth and energy, and of new transportation routes, has seen countries expand their sovereignty claims. Increasingly, interested parties from both within and beyond the region, including states, indigenous groups, corporate organizations, and NGOs and are pursuing their visions for the Arctic. What form of political organization should prevail? Contesting the Arctic provides a map of potential governance options for the Arctic and addresses and evaluates the ways in which Arctic stakeholders throughout the region are seeking to pursue them.
Contesting Torture: Interdisciplinary Perspectives (Contemporary Security Studies)
by Rory Cox Faye Donnelly Anthony F. Lang Jr.This edited volume seeks to contest prevailing assumptions about torture and to consider why, despite its illegality, torture continues to be widely employed and misrepresented. The resurgence of torture and public justifications of it led to the central questions that this inter-disciplinary volume seeks to address: How is it possible for torture to be practiced when it is legally prohibited? What kinds of moves do agents make that render torture palatable? Why do so many ignore the evidence that torture is ineffective as an intelligence-gathering technique? Who are the victims of torture? The various contributors in the book look to history, the practices of interrogators, artistic representations, documentary films, rendition policies, political campaigns, diplomatic discourses, international legal rules, refugee practices, and cultural representations of death and the body to illuminate how torture becomes permissible. Building from the personal to the communal, and from the practical to the conceptual, the volume reflects the multivalence of torture itself. This framework enables readers at all levels better appreciate how and why torture is open to so many interpretations and applications. This book will be of much interest to students of International Relations, Security Studies, Terrorism Studies, Ethics, and International Legal Studies.
Contesting Torture: Interdisciplinary Perspectives (Contemporary Security Studies)
by Rory Cox Faye Donnelly Anthony F. Lang Jr.This edited volume seeks to contest prevailing assumptions about torture and to consider why, despite its illegality, torture continues to be widely employed and misrepresented. The resurgence of torture and public justifications of it led to the central questions that this inter-disciplinary volume seeks to address: How is it possible for torture to be practiced when it is legally prohibited? What kinds of moves do agents make that render torture palatable? Why do so many ignore the evidence that torture is ineffective as an intelligence-gathering technique? Who are the victims of torture? The various contributors in the book look to history, the practices of interrogators, artistic representations, documentary films, rendition policies, political campaigns, diplomatic discourses, international legal rules, refugee practices, and cultural representations of death and the body to illuminate how torture becomes permissible. Building from the personal to the communal, and from the practical to the conceptual, the volume reflects the multivalence of torture itself. This framework enables readers at all levels better appreciate how and why torture is open to so many interpretations and applications. This book will be of much interest to students of International Relations, Security Studies, Terrorism Studies, Ethics, and International Legal Studies.
The Contextual Character of Moral Integrity: Transcultural Psychological Applications
by Dita Šamánková Marek Preiss Tereza PříhodováThis book discusses outcomes of a study by the National Institute of Mental Health, Czech Republic, examining moral integrity in the post-communist Czech-speaking environment. Chapters map the history of the Euro-Atlantic ethical disciplines from moral philosophy and psychology to evolutionary neuroscience and socio-biology. The authors emphasize the biological and social conditionality of ethics and call for greater differentiation of both research and applied psychological standards in today’s globalised world. Using a non-European ethical system – Theravada Buddhism – as a case study, the authors explore the differences in English and Czech interpretations of the religion. They analyse cognitive styles and language as central variables in formatting and interpreting moral values, with important consequences for cultural transferability of psychological instruments. This book will appeal to academics and other specialists in psychology, psychiatry, sociology and related fields, as well as to readers interested in the psychology of ethics.
The Contextual Character of Moral Integrity (PDF)
by Dita Šamánková Marek Preiss Tereza PříhodováThis book discusses outcomes of a study by the National Institute of Mental Health, Czech Republic, examining moral integrity in the post-communist Czech-speaking environment. Chapters map the history of the Euro-Atlantic ethical disciplines from moral philosophy and psychology to evolutionary neuroscience and socio-biology. The authors emphasize the biological and social conditionality of ethics and call for greater differentiation of both research and applied psychological standards in today’s globalised world. Using a non-European ethical system – Theravada Buddhism – as a case study, the authors explore the differences in English and Czech interpretations of the religion. They analyse cognitive styles and language as central variables in formatting and interpreting moral values, with important consequences for cultural transferability of psychological instruments. This book will appeal to academics and other specialists in psychology, psychiatry, sociology and related fields, as well as to readers interested in the psychology of ethics.
The 'Contextual Elements' of the Crime of Genocide (International Criminal Justice Series #17)
by Nasour KoursamiThis book examines the position of ‘contextual elements’ as a constitutive element of the legal definition of the crime of genocide, and determines the extent to which an individual génocidaire is required to act within a particular genocidal context.Unlike other books in the field of the study of the crime of genocide, this book captures the nuance and the complex issues of the debate by providing book-length comprehensive examination of the position of contextual elements in light of the evolution of genocide as a concept and the literal legal definition of the crime of genocide, which expressly characterized the crime with only the existence of an individualistic intent to destroy a group.With scholars of international criminal law, students, researchers, practitioners in the field, and international criminal tribunals in mind, the author tackles many of the issues raised on the position of contextual elements in both academic literature and judicial decisions.Nasour Koursami is the Director of Applied Research and a Lecturer at the National School of Administration in Chad. He studied law at Cardiff and Bristol Universities and holds a Ph.D. in International Law from the University of Edinburgh.
Contextualising International Law in Northeast Asia
by Asif H QureshiNortheast Asia is one of the most important regions of the world both economically and in terms of its historical heritage. The region poses significant challenges for international law whilst international law can unleash cooperative endeavours which can place the region in a formidable location in the new multi-polar world order. This work sets out a contextual regional approach to international law focusing on the relations as between China, South Korea and Japan. In particular the author deliberates on the historical development of international law in the region, the relationship of international law with the Chinese, Korean and Japanese legal systems; historical disputes as between the three States; and the respective practices in the sphere of monetary and trade relations. This work will be of interest to international law scholars, practitioners and policy makers.
Contextualising International Law in Northeast Asia
by Asif H QureshiNortheast Asia is one of the most important regions of the world both economically and in terms of its historical heritage. The region poses significant challenges for international law whilst international law can unleash cooperative endeavours which can place the region in a formidable location in the new multi-polar world order. This work sets out a contextual regional approach to international law focusing on the relations as between China, South Korea and Japan. In particular the author deliberates on the historical development of international law in the region, the relationship of international law with the Chinese, Korean and Japanese legal systems; historical disputes as between the three States; and the respective practices in the sphere of monetary and trade relations. This work will be of interest to international law scholars, practitioners and policy makers.
Contextualising Legal Research: A Methodological Guide (Elgar Studies in Legal Research Methods)
by Wibren van der Burg Sanne TaekemaProviding a clear and concise guide to the practicalities of legal research, this informative book presents a methodological framework for law-in-context research design. It argues that legal scholarship relies on the interpretive and argumentative methods of the humanities, but also requires empirical input due to its focus on social reality. Contextualising Legal Research discusses core topics including research questions, methods, theoretical frameworks, evaluations and recommendations. It demonstrates how the contextualisation of doctrinal research is a gradual process: while sometimes researchers may include only the output of other disciplines, their research questions often require them to undertake more interdisciplinary research themselves. Ultimately, the book advocates a combination of doctrinal research, empirical disciplines and theoretical-normative perspectives, with extensive discussion on the contribution of the humanities to legal research. Promoting a practical examination of interdisciplinary doctrinal research, this book is an essential resource for master students and PhD candidates on research methods in law. It is also beneficial for researchers conducting doctrinal and interdisciplinary research.
Continental Philosophy and the Palestinian Question: Beyond the Jew and the Greek (Suspensions: Contemporary Middle Eastern and Islamicate Thought)
by Zahi ZallouaFrom Sartre to Levinas, continental philosophers have looked to the example of the Jew as the paradigmatic object of and model for ethical inquiry. Levinas, for example, powerfully dedicates his 1974 book Otherwise than Being to the victims of the Holocaust, and turns attention to the state of philosophy after Auschwitz. Such an ethics radically challenges prior notions of autonomy and comprehension-two key ideas for traditional ethical theory and, more generally, the Greek tradition. It seeks to respect the opacity of the other and avoid the dangers of hermeneutic violence. But how does such an ethics of the other translate into real, everyday life? What is at stake in thinking the other as Jew? Is the alterity of the Jew simply a counter to Greek universalism? Is a rhetoric of exceptionalism, with its unavoidable ontological residue, at odds with shifting political realities? Within this paradigm, what then becomes of the Arab or Muslim, the other of the Jew, the other of the other, so to speak? This line of ethical thought-in its desire to bear witness to past suffering and come to terms with subjectivity after Auschwitz-arguably brackets from analysis present operations of power. Would, then, a more sensitive historical approach expose the Palestinian as the other of the Israeli? Here, Zahi Zalloua offers a challenging intervention into how we configure the contemporary.
Continental Philosophy and the Palestinian Question: Beyond the Jew and the Greek (Suspensions: Contemporary Middle Eastern and Islamicate Thought)
by Zahi ZallouaFrom Sartre to Levinas, continental philosophers have looked to the example of the Jew as the paradigmatic object of and model for ethical inquiry. Levinas, for example, powerfully dedicates his 1974 book Otherwise than Being to the victims of the Holocaust, and turns attention to the state of philosophy after Auschwitz. Such an ethics radically challenges prior notions of autonomy and comprehension-two key ideas for traditional ethical theory and, more generally, the Greek tradition. It seeks to respect the opacity of the other and avoid the dangers of hermeneutic violence. But how does such an ethics of the other translate into real, everyday life? What is at stake in thinking the other as Jew? Is the alterity of the Jew simply a counter to Greek universalism? Is a rhetoric of exceptionalism, with its unavoidable ontological residue, at odds with shifting political realities? Within this paradigm, what then becomes of the Arab or Muslim, the other of the Jew, the other of the other, so to speak? This line of ethical thought-in its desire to bear witness to past suffering and come to terms with subjectivity after Auschwitz-arguably brackets from analysis present operations of power. Would, then, a more sensitive historical approach expose the Palestinian as the other of the Israeli? Here, Zahi Zalloua offers a challenging intervention into how we configure the contemporary.
Continental Philosophy of Psychiatry: The Lure of Madness
by Alastair MorganThis book explores how the continental philosophical tradition in the 20th century attempted to understand madness as madness. It traces the paradoxical endeavour of reason attempting to understand madness without dissolving the inherent strangeness and otherness of madness. It provides a comprehensive overview of the contributions of phenomenology, critical theory, psychoanalysis, post-structuralism and anti-psychiatry to continental philosophy and psychiatry. The book outlines an intellectual tradition of psychiatry that is both fascinated by and withdraws from madness. Madness is a lure for philosophy in two senses; as both trap and provocation. It is a trap because this philosophical tradition constructs an otherness of madness so profound, that it condemns madness to silence. However, the idea of madness as another world is also a fertile provocation because it respects the non-identity of madness to reason. The book concludes with some critical reflections on the role of madness in contemporary philosophical thought.
The Continental Shelf Beyond 200 Nautical Miles: Rights and Responsibilities
by Joanna MossopUnder the United Nations Law of the Sea Convention, States have sovereign rights over the resources of their continental shelf out to 200 nautical miles from the coast. Where the physical shelf extends beyond 200 nautical miles, States may exercise rights over those resources to the outer limits of the continental shelf. More than 80 States may be entitled to claim sovereign rights over their continental shelf where it extends beyond 200 nautical miles from their coast, and the Commission on the Limits of the Continental Shelf is currently examining many of these claims. This book examines the nature of the rights and obligations of coastal States in this area, with a particular focus on the options for regulating activities on the extended continental shelf. Because the extended continental shelf lies below the high seas, the area poses unique legal challenges for coastal States that are different from those faced in respect of the shelf within 200 nautical miles. In addition, the United Nations Convention on the Law of the Sea imposes some specific obligations that coastal States must comply with in respect of the extended continental shelf. The book discusses the development of the concept of the extended continental shelf. It explores a range of issues facing the coastal State in regulating matters such as environmental protection, fishing, bioprospecting, exploitation of non-living resources and marine scientific research on the extended continental shelf. The book proposes a framework for navigating the intersection between the high seas and the extended continental shelf and minimising the potential for conflict between flag and coastal States.
The Continental Shelf Beyond 200 Nautical Miles: Rights and Responsibilities
by Joanna MossopUnder the United Nations Law of the Sea Convention, States have sovereign rights over the resources of their continental shelf out to 200 nautical miles from the coast. Where the physical shelf extends beyond 200 nautical miles, States may exercise rights over those resources to the outer limits of the continental shelf. More than 80 States may be entitled to claim sovereign rights over their continental shelf where it extends beyond 200 nautical miles from their coast, and the Commission on the Limits of the Continental Shelf is currently examining many of these claims. This book examines the nature of the rights and obligations of coastal States in this area, with a particular focus on the options for regulating activities on the extended continental shelf. Because the extended continental shelf lies below the high seas, the area poses unique legal challenges for coastal States that are different from those faced in respect of the shelf within 200 nautical miles. In addition, the United Nations Convention on the Law of the Sea imposes some specific obligations that coastal States must comply with in respect of the extended continental shelf. The book discusses the development of the concept of the extended continental shelf. It explores a range of issues facing the coastal State in regulating matters such as environmental protection, fishing, bioprospecting, exploitation of non-living resources and marine scientific research on the extended continental shelf. The book proposes a framework for navigating the intersection between the high seas and the extended continental shelf and minimising the potential for conflict between flag and coastal States.
Continental Shelf Limits: The Scientific and Legal Interface
by Peter J. Cook Chris M. CarletonArticle 76 of the United Nations Convention on the Law of the Sea lays down the rules and regulations governing claims to a continental shelf beyond 200 nautical miles for the 130 coastal States and entities that have ratified or acceded to it. This book is designed to help those coastal States implement the provisions of Article 76, covering the technical issues involved and explaining the interface between the legal concepts contained within the article. It covers all aspects that will have to be considered by a coastal State if it wishes to make a claim under the Convention, including the characteristics of continental margins, distance determination, bathymetric data collection. geological and geophysical techniques, and boundary conditions.
Contingencies, Resilience and Legal Constitutionalism
by Clive WalkerContingency planning and resilience are of prime importance to the late modern risk society, with implications for law and for governance arrangements. Our risk society continues to seek ever more complex and detailed risk mitigation responses by law, including the UK’s Civil Contingencies Act 2004 and the US Homeland Security Act 2002, which respond to counter-terrorism, natural catastrophes, and other risks. This book seeks to analyse and criticise the legal developments in contingencies and resilience on a comparative basis, which engages with not only law and constitutionalism but also political theory and policy, including relations between public and private, national and local, and civil and military. Two transcending themes are of interest. One is institutional or structural – what bodies and power relations should we establish in a late modern world where Critical National Infrastructure is mainly held in private hands? The second is dynamic and concerns the grant of powers and arrangements for live responses. Both aspects are subjected to a strong critical stance based in 'constitutionalism', which demands state legitimacy even in extreme situations by the observance of legality, effectiveness, accountability, and individual rights. This book was originally published as a special issue of the International Journal of Human Rights.
Contingencies, Resilience and Legal Constitutionalism
by Clive WalkerContingency planning and resilience are of prime importance to the late modern risk society, with implications for law and for governance arrangements. Our risk society continues to seek ever more complex and detailed risk mitigation responses by law, including the UK’s Civil Contingencies Act 2004 and the US Homeland Security Act 2002, which respond to counter-terrorism, natural catastrophes, and other risks. This book seeks to analyse and criticise the legal developments in contingencies and resilience on a comparative basis, which engages with not only law and constitutionalism but also political theory and policy, including relations between public and private, national and local, and civil and military. Two transcending themes are of interest. One is institutional or structural – what bodies and power relations should we establish in a late modern world where Critical National Infrastructure is mainly held in private hands? The second is dynamic and concerns the grant of powers and arrangements for live responses. Both aspects are subjected to a strong critical stance based in 'constitutionalism', which demands state legitimacy even in extreme situations by the observance of legality, effectiveness, accountability, and individual rights. This book was originally published as a special issue of the International Journal of Human Rights.
Contingency in International Law: On the Possibility of Different Legal Histories
by Ingo Venzke, Kevin Jon HellerThis book poses a question that is deceptive in its simplicity: could international law have been otherwise? Today, there is hardly a serious account left that would consider the path of international law to be necessary, and that would refute the possibility of a different law altogether. But behind every possibility of the past stands a reason why the law developed as it did. Only with a keen sense of why things turned out the way they did is it possible to argue about how the law could plausibly have turned out differently. The search for contingency in international law is often motivated, as it is in this volume, by a refusal to resign to the present state of affairs. By recovering past possibilities, this volume aims to inform projects of transformative legal change for the future. The book situates that search for contingency theoretically and carries it into practice across many fields, with chapters discussing human rights and armed conflict, migrants and refugees, the sea and natural resources, foreign investments and trade. In doing so, it shows how politically charged questions about contingency have always been.
Contingency in International Law: On the Possibility of Different Legal Histories
This book poses a question that is deceptive in its simplicity: could international law have been otherwise? Today, there is hardly a serious account left that would consider the path of international law to be necessary, and that would refute the possibility of a different law altogether. But behind every possibility of the past stands a reason why the law developed as it did. Only with a keen sense of why things turned out the way they did is it possible to argue about how the law could plausibly have turned out differently. The search for contingency in international law is often motivated, as it is in this volume, by a refusal to resign to the present state of affairs. By recovering past possibilities, this volume aims to inform projects of transformative legal change for the future. The book situates that search for contingency theoretically and carries it into practice across many fields, with chapters discussing human rights and armed conflict, migrants and refugees, the sea and natural resources, foreign investments and trade. In doing so, it shows how politically charged questions about contingency have always been.
Contingent Fees for Legal Services: Professional Economics and Responsibilities
by F.B. MacKinnonThe practice of contingent fees - taking a percentage share of the money recovered for damage or injury - began among lawyers as a method of providing legal services for those unable to afford counsel. It is now the dominant method of financing litigation for both rich and poor. F. B. MacKinnon, in this book, examines the ethical and economic questions within the legal profession or ethical theory in general."Contingent Fees for Legal Services" is a thoroughly documented study undertaken by the American Bar Foundation, the research affiliate of the American Bar Association. It provides the information necessary for evaluating the present status of this controversial practice and the proposals for its change. Arguments about contingent fees center around possible abuses in litigation, extreme competition for cases, increased emphasis upon winning cases, and other ethical considerations. This book describes fully the historical, professional and economic context within which contingent fees developed, without attempting to resolve the debates. In addition, the MacKinnon offers in one volume relevant court decisions, statutes and administrative regulations, estimates the proportion of cases presented under contingent fee contracts, and describes fee schedules and practices.As it permits an objective assessment of the fairness of contingent fees both to clients and to lawyers, this book will therefore interest everyone concerned with reforms of the fee system - lawyers and judges, professors and students, plaintiffs and defendants, as well as policymakers. This is an issue that continues to irritate and confound all concerned with the costs as well as rights of the legal profession and its clients.
Contingent Fees for Legal Services: Professional Economics and Responsibilities
by F.B. MacKinnonThe practice of contingent fees - taking a percentage share of the money recovered for damage or injury - began among lawyers as a method of providing legal services for those unable to afford counsel. It is now the dominant method of financing litigation for both rich and poor. F. B. MacKinnon, in this book, examines the ethical and economic questions within the legal profession or ethical theory in general."Contingent Fees for Legal Services" is a thoroughly documented study undertaken by the American Bar Foundation, the research affiliate of the American Bar Association. It provides the information necessary for evaluating the present status of this controversial practice and the proposals for its change. Arguments about contingent fees center around possible abuses in litigation, extreme competition for cases, increased emphasis upon winning cases, and other ethical considerations. This book describes fully the historical, professional and economic context within which contingent fees developed, without attempting to resolve the debates. In addition, the MacKinnon offers in one volume relevant court decisions, statutes and administrative regulations, estimates the proportion of cases presented under contingent fee contracts, and describes fee schedules and practices.As it permits an objective assessment of the fairness of contingent fees both to clients and to lawyers, this book will therefore interest everyone concerned with reforms of the fee system - lawyers and judges, professors and students, plaintiffs and defendants, as well as policymakers. This is an issue that continues to irritate and confound all concerned with the costs as well as rights of the legal profession and its clients.
Contingent Future Persons: On the Ethics of Deciding Who Will Live, or Not, in the Future (Theology and Medicine #9)
by Nick Fotion and Jan C. HellerHow ought we evaluate the individual and collective actions on which the existence, numbers and identities of future people depend? In the briefest of terms, this question poses what is addressed here as the problem of contingent future persons, and as such it poses relatively novel challenges for philosophical and theological ethicists. For though it may be counter-intuitive, it seems that those contingent future persons who are actually brought into existence by such actions cannot benefit from or be harmed by these actions in any conventional sense of the terms. This intriguing problem was defined almost three decades ago by Jan Narveson [2], and to date its implications have been explored most exhaustively by Derek Parfit [3] and David Heyd [1]. Nevertheless, as yet there is simply no consensus on how we ought to evaluate such actions or, indeed, on whether we can. Still, the pursuit of a solution to the problem has been interestingly employed by moral philosophers to press the limits of ethics and to urge a reconsideration of the nature and source of value at its most fundamental level. It is thus proving to be a very fruitful investigation, with far-reaching theoretical and practical implications.
The Contingent Nature of Life: Bioethics and the Limits of Human Existence (International Library of Ethics, Law, and the New Medicine #39)
by Marcus Düwell Christoph Rehmann-Sutter Dietmar MiethThis volume explores the different dimensions of how the contingency of life, and especially human life, is relevant for ethical discussions and the normative frameworks in bioethics. It explores the relevance of the notion contingency, needs and desires for moral argumentation and bioethics. The volume discusses those notions in a philosophical perspective. Additionally, the volume is a contribution to a deeper reflection on basic philosophical assumptions of bioethics.
Continuing the War Against Domestic Violence
by V. Lakshmikantham Donato Trigiante Lee E. RossAnyone can become a victim of domestic violence. As such, it is essential for all of us to continue the war against domestic violence. Supplying a comprehensive overview of domestic violence across racial/ethnic groups, the new edition of this popular reference explores topics rarely discussed in other domestic violence texts as well as the barrier
The Continuity of Legal Systems in Theory and Practice
by Benjamin SpagnoloThe Continuity of Legal Systems in Theory and Practice examines a persistent and fascinating question about the continuity of legal systems: when is a legal system existing at one time the same legal system that exists at another time?The book's distinctive approach to this question is to combine abstract critical analysis of two of the most developed theories of legal systems, those of Hans Kelsen and Joseph Raz, with an evaluation of their capacity, in practice, to explain the facts, attitudes and normative standards for which they purport to account. That evaluation is undertaken by reference to Australian constitutional law and history, whose diverse and complex phenomena make it particularly apt for evaluating the theories' explanatory power.In testing whether the depiction of Australian law presented by each theory achieves an adequate 'fit' with historical facts, the book also contributes to the understanding of Australian law and legal systems between 1788 and 2001. By collating the relevant Australian materials systematically for the first time, it presents the case for reconceptualising the role of Imperial laws and institutions during the late nineteenth and early twentieth centuries, and clarifies the interrelationship between Colonial, State, Commonwealth and Imperial legal systems, both before and after Federation.