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Experiments in International Adjudication: Historical Accounts
by Ignacio de la Rasilla Jorge E. ViñualesThe history of international adjudication is all too often presented as a triumphalist narrative of normative and institutional progress that casts aside its uncomfortable memories, its darker legacies and its historical failures. In this narrative, the bulk of 'trials' and 'errors' is left in the dark, confined to oblivion or left for erudition to recall as a curiosity. Written by an interdisciplinary group of lawyers, historians and social scientists, this volume relies on the rich and largely unexplored archive of institutional and legal experimentation since the late nineteenth century to shed new light on the history of international adjudication. It combines contextual accounts of failed, or aborted, as well as of 'successful' experiments to clarify our understanding of the past and present of international adjudication.
Experiments in Moral and Political Philosophy (Routledge Studies in Ethics and Moral Theory)
by Hugo Viciana Antonio Gaitán Fernando AguiarThis volume presents new research on the use of experimental methodologies in moral and social philosophy. The contributions reflect the growing plurality of methodologies and strategies for implementing experimental work on morality to new domains, problems, and topics. Philosophers are exploring the ways in which empirical approaches can transform our idea of the good, our understanding of the social nature of norms and morality, and our methods of fulfilling ethical goals. The chapters in this volume extend experimental work on morality to previously underexplored areas. The contributions in Part 1 explore the methods and foundations of experimental work in areas such as folk moral judgments, metaethical beliefs, moral explanations, and reflective equilibrium. Part 2 focuses on issues in normative ethics and legal and political philosophy such as virtue ethics, utilitarianism, theories of justice, and criminal responsibility. Finally, the chapters in Part 3 tackle various applied ethical issues, including feminist X-Phi, animal welfare, experimental bioethics, and self-driving cars. Experiments in Moral and Political Philosophy will be of interest to scholars and advanced students working in ethics, applied ethics, experimental philosophy, social and political philosophy, and philosophy of law.
Experiments in Moral and Political Philosophy (Routledge Studies in Ethics and Moral Theory)
by Hugo Viciana Antonio Gaitán Fernando AguiarThis volume presents new research on the use of experimental methodologies in moral and social philosophy. The contributions reflect the growing plurality of methodologies and strategies for implementing experimental work on morality to new domains, problems, and topics.Philosophers are exploring the ways in which empirical approaches can transform our idea of the good, our understanding of the social nature of norms and morality, and our methods of fulfilling ethical goals. The chapters in this volume extend experimental work on morality to previously underexplored areas. The contributions in Part 1 explore the methods and foundations of experimental work in areas such as folk moral judgments, metaethical beliefs, moral explanations, and reflective equilibrium. Part 2 focuses on issues in normative ethics and legal and political philosophy such as virtue ethics, utilitarianism, theories of justice, and criminal responsibility. Finally, the chapters in Part 3 tackle various applied ethical issues, including feminist X-Phi, animal welfare, experimental bioethics, and self-driving cars.Experiments in Moral and Political Philosophy will be of interest to scholars and advanced students working in ethics, applied ethics, experimental philosophy, social and political philosophy, and philosophy of law. Chapter 1 and 15 of this book are available for free in PDF format as Open Access from the individual product page at www.taylorfrancis.com. They have been made available under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
Expert Evidence and International Criminal Justice
by Artur AppazovThe book is a comprehensive narration of the use of expertise in international criminal trials offering reflection on standards concerning the quality and presentation of expert evidence. It analyzes and critiques the rules governing expert evidence in international criminal trials and the strategies employed by counsel and courts relying upon expert evidence and challenges that courts face determining its reliability. In particular, the author considers how the procedural and evidentiary architecture of international criminal courts and tribunals influences the courts' ability to meaningfully incorporate expert evidence into the rational fact-finding process. The book provides analysis of the unique properties of expert evidence as compared with other forms of evidence and the challenges that these properties present for fact-finding in international criminal trials. It draws conclusions about the extent to which particularized evidentiary rules for expert evidence in international criminal trials is wanting. Based on comparative analyses of relevant national practices, the book proposes procedural improvements to address some of the challenges associated with the use of expertise in international criminal trials.
Expert Fraud Investigation
by Tracy L. CoenenA fraud investigation is aimed at examining evidence to determine if a fraud occurred, how it happened, who was involved, and how much money was lost. Investigations occur in cases ranging from embezzlement, to falsification of financial statements, to suspicious insurance claims. Expert Fraud Investigation: A Step-by-Step Guide provides all the tools to conduct a fraud investigation, detailing when and how to investigate. This guide takes the professional from the point of opening an investigation, selecting a team, gathering data, and through the entire investigation process. Business executives, auditors, and security professionals will benefit from this book, and companies will find this a useful tool for fighting fraud within their own organizations.
Expert Ignorance: The Law and Politics of Rule of Law Reform (Cambridge Studies in Transnational Law)
by Deval DesaiToday, a transnational constellation of 'rule of law' experts advise on 'good' legal systems to countries in the Global South. Yet these experts often claim that the 'rule of law' is nearly impossible to define, and they frequently point to the limits of their own expertise. In this innovative book, Deval Desai identifies this form of expertise as 'expert ignorance'. Adopting an interdisciplinary approach, Desai draws on insights from legal theory, sociology, development studies, and performance studies to explore how this paradoxical form of expertise works in practice. With a range of illustrative cases that span both global and local perspectives, this book considers the impact of expert ignorance on the rule of law and on expert governance more broadly. Contributing to the study of transnational law, governance, and expertise, Desai demonstrates the enduring power of proclaiming what one does not know. This title is available as Open Access on Cambridge Core.
The Expert in Litigation and Arbitration (Lloyd's Commercial Law Library)
by Mark CatoThe Expert in Litigation and Arbitration provides the complete picture of the role and duties of the expert witness in the UK, Germany, France, Italy, USA, Australia, Hong Kong and China. With articles and chapters from leading practitioners around the world, the book looks at the role of the expert in many different disciplines and jurisdictions, examining topical issues such as the independent status of the expert and professional liability. This book looks at the role of experts in both arbitration and litigation, considering how experts are currently used in civil actions and what lessons can be learnt from this. With much practical advice for the inexperienced expert witness, it covers many of the pitfalls faced by experts, looking at the various situations that can arise either in court or before an arbitrator.
Expert Learning for Law Students
by Michael SchwartzExpert Learning for Law Students is designed to help law students build the analytical skills necessary to succeed in law school, on the bar exam, and in law practice. This book reveals how successful law students and lawyers plan, monitor, and implement their work and it provides detailed guidance regarding individual student personality types and learning styles. The accompanying workbook includes questions and exercises to assist students in practicing the concepts explained in the text. The second edition includes greater emphasis on students personalizing all strategy suggestions by adapting strategies to their individual learning styles, personality types, and, most importantly, their results and their evaluations of the causes of those results. It includes additional materials designed to help students deal with law school stress and offers insights for ameliorating that stress developed within the Humanizing Legal Education movement. Tips on time management and avoiding procrastination; a revised discussion on case reading reflecting recent research; a new section on using color as a memorization tool; and a revised discussion of how to apply rules to facts and how to apply and distinguish cases are also provided.
The Expert Witness, Forensic Science, and the Criminal Justice Systems of the UK
by S. Lucina Hackman Fiona Raitt Sue BlackThe global nature of crime often requires expert witnesses to work and present their conclusions in courts outside their home jurisdiction with the corresponding need for them to have an understanding of the different structures and systems operating in other jurisdictions. This book will be a resource for UK professionals, as well as those from overseas testifying internationally, as to the workings of all UK jurisdictions. It also will help researchers and students to better understand the UK legal system.
The Expert Witness in Construction
by Robert Horne John MullenThe role of the expert witness has long been important in the resolution of construction disputes. The specialist opinion brought by the expert can aid understanding and interpretation of the facts of the dispute, and may be influential in deciding the outcome. The variety of dispute resolution procedures and the requirement for the expert witness to be independent places a heavy burden on the parties to identify and instruct an appropriate expert, and on the expert to ensure they discharge their duty in the correct manner. The Expert Witness in Construction explains, in practical terms, the way in which experts work with particular reference to the construction industry. Within this book the Expert's role is explained in legal and practical terms as a progression from understanding the basic principles by which Experts can be identified, through appointment, to giving evidence before a tribunal. At every stage commentary is given to: help and guide professionals new to the arena of expert evidence; act as a resource for those already acting as Experts; assist party representatives looking for best practice guidance on the instruction of Experts; and provide parties to disputes information on what they should expect from the Expert they appoint to explain the issues in the case. Covering all the implications of identifying, appointing, instructing and relying on experts, it will help the reader to understand why experts are instructed in the way they are, how to identify the expert that is right for a particular case and how evidence should be presented. Written by a practicing lawyer and a consultant with extensive experience of acting as an expert witness, the requirements of both the lawyer and expert are discussed. As such, it will help both parties to understand each other resulting in a closer, more productive working relationship.
Expert Witnessing: Explaining and Understanding Science
by Carl MeyerCommunication problems between science and the courts are widely deplored and sometimes exploited by a variety of groups. The U.S. Supreme Court has twice tightened the law of evidence to control the flow of information, but amazingly little has been written to analyze the nature of the problem and reduce the barriers. Expert Witnesses: Explaining and Understanding Science results from the first-hand experience of the contributors-who include scientists, expert witnesses, litigators, and a judge-that the cultural and interdisciplinary communications barriers between science and the law can be greatly reduced to everybody's advantage if the parties understand and respect each other's needs and positions.
Expert Witnessing and Scientific Testimony: A Guidebook, Second Edition
by Kenneth S. CohenBased on the author‘s more than 35 years of experience as a successful expert witness, this revised and expanded edition of Expert Witnessing and Scientific Testimony: A Guidebook demonstrates how to properly present scientific, criminal, and forensic testimony and survive the onslaught of cross-examination in court. It presents material in a step-
Expertise in Regulation and Law (Applied Legal Philosophy)
by Edmond GaryThis collection of essays examines the multi-faceted roles of experts and expertise in and around contemporary legal and regulatory cultures. The essays illustrate the complexity intrinsic to the production and use of expert knowledge, particularly during transition from specialist communities to other domains such as policy formulation, regulatory standard setting and litigation. Several themes pervade the collection. These include the need to recognize that: expert knowledge and opinion is often complex, controversial and contested; there are no simple criteria for resolving disagreements between experts; appeals to 'objectivity' and 'impartiality' tend to be rhetorical rather than analytical; contests in expertise are frequently episodes in larger campaigns; there are many different models of expertise and knowledge; processes designed to deal with expert knowledge are unavoidably political; questions around who is an expert and what should count as expertise are not always self-evident; and the evidence rarely 'speaks for itself'.
Experts, Networks and International Law
by Holly Cullen Joanna Harrington Catherine RenshawHighlighting how the challenges raised by globalization - from environmental management to financial sector meltdowns - have encouraged the emergence of experts and networks as powerful actors in international governance, the contributions in this collection assess the methods and effectiveness of these new actors. Unlike other books that have focused on networks or experts, this volume brings these players together, showing how they interact and share the challenges of establishing legitimacy and justifying their power and influence. The collection shows how experts and networks function in different ways to address diverse problems across multiple borders. The reader is provided with a broader and deeper practical understanding of how informal authority actually operates, and of the nature of the relationship between different actors involved in policymaking. Through a range of case studies, the contributions in this collection explain how globalization is reshaping traditional forms of power and authority.
Explaining Disease: Philosophical Reflections on Medical Research and Clinical Practice (European Studies in Philosophy of Science)
by Raffaella CampanerThis interdisciplinary monograph in philosophy of medicine examines models of explanation in health science and their relation with current medical trends, such as personalized and person-centered medicine. Medicine has provided challenging case studies for the general philosophy of science that have prompted rethinking of a wide range of philosophical notions – such as scientific law, theory and evidence – and contributed to the elaboration of pluralistic approaches to modeling, causality and explanation. The health sciences have increasingly recognized the role of philosophy of medicine as both a field of conceptual and methodological reflection, capable of addressing practical issues, and hence relevant for a proper understanding of the construction of medical knowledge, modeling practices, therapeutic strategies and preventive decisions.'Explaining Disease' contains various case studies in medicine to describe the assumptions underpinning the construction of explanatory models of diseases. It shows the impact different explanatory strategies can have on practical matters, which in turn affect clinical evaluation and therapy and public health decisions. The book concludes with a few open-ended reflections to foster more thorough consideration of the role of philosophy of medicine can play its dialogue with the health sciences. [this sounds wrong. Either: of the role of philosophy of medicine in its dialogue with the sciences, or: of the role philosophy of medicine can play in its dialogue with the health sciences.
Explaining Guanxi: The Chinese Business Network
by Anthony Walker Ying Lun SoGuanxi, a system of Chinese business relationships, is often described, but is rarely fully understood. Though it seems intangible, there is no doubt that it has contributed significantly to the success of Chinese entrepreneurs and the places where they work. Translated loosely as ‘personal ties’, this simple explanation belies a complex and nuanced system. Guanxi has often been criticised as nepotism - unfair, inefficient, even corrupt, and generally detrimental to business and economic growth… but if it is that bad, how does it survive? This insightful book unravels the origins of Guanxi and provides a much-needed explanation of the phenomena. It investigates: why it was initiated and developed what function it serves how it is maintained why it is such a dominant phenomenon in Chinese business life Combining economics, law and culture, this clear and concise book looks to the future of Guanxi based on its history. Drawing on cultural, organizational and economic studies, it takes a multi-disciplinary approach, integrating these various topics into a coherent explanation of Guanxi ensuring that this illuminating book will be equally useful to students of Asian business as to practitioners working within this market.
Explaining Health Across the Sciences (Healthy Ageing and Longevity #12)
by Suresh I. S. Rattan Jonathan ShollThis edited volume aims to better understand the multifaceted phenomenon we call health. Going beyond simple views of health as the absence of disease or as complete well-being, this book unites scientists and philosophers. The contributions clarify the links between health and adaptation, robustness, resilience, or dynamic homeostasis, and discuss how to achieve health and healthy aging through practices such as hormesis. The book is divided into three parts and a conclusion: the first part explains health from within specific disciplines, the second part explores health from the perspective of a bodily part, system, function, or even the environment in which organisms live, and the final part looks at more clinical or practical perspectives. It thereby gathers, across 30 chapters, diverse perspectives from the broad fields of evolutionary and systems biology, immunology, and biogerontology, more specific areas such as odontology, cardiology, neurology, and public health, as well as philosophical reflections on mental health, sexuality, authenticity and medical theories. The overarching aim is to inform, inspire and encourage intellectuals from various disciplines to assess whether explanations in these disparate fields and across biological levels can be sufficiently systematized and unified to clarify the complexity of health. It will be particularly useful for medical graduates, philosophy graduates and research professionals in the life sciences and general medicine, as well as for upper-level graduate philosophy of science students.
Explaining Inequality
by Maurizio Franzini Mario PiantaInequalities in incomes and wealth have increased in advanced countries, making our economies less dynamic, our societies more unjust and our political processes less democratic. As a result, reducing inequalities is now a major economic, social and political challenge. This book provides a concise yet comprehensive overview of the economics of inequality. Until recently economic inequality has been the object of limited research efforts, attracting only modest attention in the political arena; despite important advances in the knowledge of its dimensions, a convincing understanding of the mechanisms at its roots is still lacking. This book summarizes the topic and provides an interpretation of the mechanisms responsible for increased disparities. Building on this analysis the book argues for an integrated set of policies addressing the roots of inequalities in incomes and wealth Explaining Inequality will be of interest to students, researchers and practitioners concerned with inequality, economic and public policy and political economy.
Explaining Right and Wrong: A New Moral Pluralism and Its Implications (Routledge Studies in Ethics and Moral Theory)
by Benjamin SachsExplaining Right and Wrong aims to shake the foundations of contemporary ethics by showing that moral philosophers have been deploying a mistaken methodology in their efforts to figure out the truth about what we morally ought to do. Benjamin Sachs argues that moral theorizing makes sense only if it is conceived of as an explanatory project and carried out accordingly. The book goes on to show that the most prominent forms of moral monism—consequentialism, Kantianism, and contractarianism/contractualism—as well as Rossian pluralism, each face devastating explanatory objections. It offers in place of these flawed options a brand-new family of normative ethical theories, non-Rossian pluralism. It then argues that the best kind of non-Rossian pluralism will be spare; in particular, it will deny that an action can be wrong in virtue of constituting a failure to distribute welfare in a particular way or that an action can be wrong in virtue of constituting a failure to rescue. Furthermore, it also aims to show that a great deal of contemporary writing on the distribution of health care resources in cases of scarcity is targeted at questions that either have no answers at all or none that ordinary moral theorizing can uncover.
Explaining Tort and Crime: Legal Development Across Laws and Legal Systems, 1850–2020
by Matthew DysonTracing almost 200 years of history, Explaining Tort and Crime explains the development of tort law and criminal law in England compared with other legal systems. Referencing legal systems from around the globe, it uses innovative comparative and historical methods to identify patterns of legal development, to investigate the English law of fault doctrine across tort and crime, and to chart and explain three procedural interfaces: criminal powers to compensate, timing rules to control parallel actions, and convictions as evidence in later civil cases. Matthew Dyson draws on decades of research to offer an analysis of the field, examining patterns of legal development, visible as motifs in the law of many legal systems.
Exploding Data: Reclaiming Our Cyber Security in the Digital Age
by Michael ChertoffA former Secretary of Homeland Security examines our outdated laws regarding the protection of personal information, and the pressing need for change. Nothing undermines our freedom more than losing control of information about ourselves. And yet, as daily events underscore, we are ever more vulnerable to cyber-attack. In this bracing book, Michael Chertoff makes clear that our laws and policies surrounding the protection of personal information, written for an earlier time, are long overdue for a complete overhaul. On the one hand, the collection of data—more widespread by business than by government, and impossible to stop—should be facilitated as an ultimate protection for society. On the other, standards under which information can be inspected, analyzed, or used must be significantly tightened. In offering his compelling call for action, Chertoff argues that what is at stake is not so much the simple loss of privacy, which is almost impossible to protect, but of individual autonomy—the ability to make personal choices free of manipulation or coercion. Offering vivid stories over many decades that illuminate the three periods of data gathering we have experienced, Chertoff explains the complex legalities surrounding issues of data collection and dissemination today, and charts a path that balances the needs of government, business, and individuals alike. &“Surveys the brave new world of data collection and analysis…The world of data as illuminated here would have scared George Orwell.&”―Kirkus Reviews &“Chertoff has a unique perspective on data security and its implications for citizen rights as he looks at the history of and changes in privacy laws since the founding of the U.S.&”—Booklist
Exploitation and Developing Countries: The Ethics of Clinical Research
by Jennifer S. Hawkins and Ezekiel J. EmanuelWhen is clinical research in developing countries exploitation? Exploitation is a concept in ordinary moral thought that has not often been analyzed outside the Marxist tradition. Yet it is commonly used to describe interactions that seem morally suspect in some way. A case in point is clinical research sponsored by developed countries and carried out in developing countries, with participants who are poor and sick, and lack education. Such individuals seem vulnerable to abuse. But does this, by itself, make such research exploitative? Exploitation and Developing Countries is an attempt by philosophers and bioethicists to reflect on the meaning of exploitation, to ask whether and when clinical research in developing countries counts as exploitative, and to consider what can be done to minimize the possibility of exploitation in such circumstances. These reflections should interest clinical researchers, since locating the line between appropriate and inappropriate use of subjects--the line between exploitation and fair use--is the central question at the heart of research ethics. Reflection on this rich and important moral concept should also interest normative moral philosophers of a non-Marxist bent. In addition to the editors, the contributors are Richard J. Arneson, Alisa L. Carse, Margaret Olivia Little, Thomas Pogge, Andrew W. Siegel, and Alan Wertheimer.
Exploitation, Ethics and Law: Violating the Ethos of the Doctor-Patient Relationship (Biomedical Law and Ethics Library)
by Suzanne Ost Hazel BiggsFocusing on a matter of continuing contemporary significance, this book is the first work to offer an in-depth exploration of exploitation in the doctor-patient relationship. It provides a theoretical analysis of the concept of exploitation, setting out exploitation’s essential elements within the authors’ account of wrongful exploitation. It then presents a contextual analysis of exploitation in the doctor-patient relationship, considering the dynamics of this fiduciary relationship, the significance of vulnerability, and the reasons why exploitation in this relationship is particularly wrongful. Two case studies – sexual exploitation and assisted dying – are employed to assess what the appropriate legal, ethical and regulatory responses to exploitation should be, to identify common themes regarding the doctor’s behaviour (such as the use of undue influence as a conduit through which to take advantage of and misuse patients), and to illustrate the effects of exploitation on patients. A recurring question addressed is how exploitation in the doctor-patient relationship is and should be dealt with by ethics, regulators and the law, and whether exploitation in this relationship is a special case. The book provides a critical, interdisciplinary evaluation of exploitation in the doctor-patient relationship that will be of interest to health care lawyers, bioethicists, legal academics and practitioners, health care professionals and policymakers.
Exploitation, Resettlement, Mass Murder
by Alex J. KayConvinced before the onset of Operation "Barbarossa" in June 1941 of both the ease, with which the Red Army would be defeated and the likelihood that the Soviet Union would collapse, the Nazi regime envisaged a radical and far-reaching occupation policy which would result in the political, economic and racial reorganization of the occupied Soviet territories and bring about the deaths of 'x million people' through a conscious policy of starvation. This study traces the step-by-step development of high-level planning for the occupation policy in the Soviet territories over a twelve-month period and establishes the extent to which the various political and economic plans were compatible.
Exploiting People for Profit: Trafficking in Human Beings
by Simon Massey Glynn RankinThis book provides a short, comprehensive, critical analysis of trafficking in human beings. Despite the size and scope of this criminal activity, there remains a need for an accurate, objective, contemporary examination of this threat as the nature of this crime and the strategies developed to counter it are fluid. Trafficking harms not only the lives of those trafficked but equally families and communities, as well as national economies and social cohesion. As this crime spans the spectrum of social science disciplines and fields of study, together with its increasing exposure in the media, this has led to a sharp increase in interest in this topic within the academic community and amongst policy makers, criminal justice practitioners and the wider public. This book draws on current research, the authors’ expert knowledge and insight into current counter-trafficking practices to provide a critical analysis of the crime and strategies to counter its prevalence.