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Gadamer and Law (Philosophers And Law Ser.)
by FrancisJ.Mootz IiiHans-Georg Gadamer‘s philosophical hermeneutics is especially relevant for law, which is grounded in the interpretation of authoritative texts from the past to resolve present-day disputes. In this collection, leading scholars consider the importance of Gadamer‘s philosophy for ongoing disputes in legal theory. The work of prominent philosophers, including Fred Dallmayr, P. Christopher Smith and David Hoy, is joined with the work of leading legal theorists, such as William Eskridge, Lawrence Solum and Dennis Patterson, to provide an overview of the connections between law and Gadamer‘s hermeneutical philosophy. Part I considers the relevance of Gadamer‘s philosophy to longstanding disputes in legal theory such as the debate over originalism, the rule of law and proper modes of statutory and constitutional exegesis. Part II demonstrates Gadamer‘s significance for legal theory by comparing his approach to the work of Nietzsche, Habermas and Dworkin.
Gag Rule: On the Suppression of Dissent and the Stifling of Democracy
by Lewis LaphamFrom one of America's most important voices of protest, an urgent new polemic about the strangling of meaningful dissent—the lifeblood of our democracy—at the hands of a government and media increasingly beholden to the wealthy few. Dissent is democracy. Democracy is in trouble. Never before, Lewis Lapham argues, have voices of protest been so locked out of the mainstream conversation, somarginalized and muted by a government that recklessly disregards civil liberties, and by an ever more concentrated and profit-driven media in which the safe and the selling sweep all uncomfortable truths from view. In the midst of the "war on terror"—which makes the hunt for communists in the 1950's look, in its clarity of aim and purpose, like the Normandy landings on D-Day—we face a crisis of democracy as serious as any in our history. The Bush administration makes no secret of its contempt for a cowed and largely silenced electorate, and without bothering to conceal its purpose the government coordinates, "not the defense of the American citizenry against a foreign enemy, but the protection of the American oligarchy from the American democracy." Gag Rule is a rousing and necessary call to action in defense of one of our most important liberties, the right to raise our voices in dissent.
Gain-based Remedies for Breach of Contract: A Comparative Analysis of English and Polish Law
by Daniel ZatorskiThis book focuses on an emerging problem in English contract law: what should be done when a party has been unjustly enriched as the result of a breach of contract but there is no measurable loss suffered by said party? Two rulings are at the heart of the book: Wrotham Park Estate v Parkside Homes and Attorney-General v Blake. These two cases can be said to have established gain-based remedies in English contract law. However, the principles that underpin these remedies are not entirely clear and are subject to debate.This book analyses these principles through the lens of compensatory and restitutionary approaches. Moreover, it applies a comparative analysis of these approaches through the lens of the civil law jurisdiction in Poland.Since the term ‘compensation’ is not a universal concept, the book distinguishes between two rationales in the compensatory analysis. The first, reparative compensation, is defined as a form of monetary recompense for loss or damage actually suffered. The second, substitutive compensation, represents a monetary equivalent to a right that a person has been deprived of or denied. Both rationales require the application of a broad notion of loss in order to make gain-based remedies workable in both English and Polish law.In contrast, ‘restitution’ states that a person cannot be permitted to profit from their own wrongdoing. Based on this principle, the book argues that gain-based remedies could be applied under Polish law through the rules of unjust enrichment. However, in order to do so, a broader understanding of the subtraction prerequisite (the enrichment being at the aggrieved party’s expense) would have to be adopted. The book concludes that unjust enrichment is a more natural way of implementing gain-based remedies in civil law jurisdictions.
Gaining Ground?: Rights and Property in South African Land Reform
by Deborah JamesGaining Ground? Rights and Property in South African Land Reform examines how land reform policy and practice in post-apartheid South Africa have been produced and contested. Set in the province of Mpumalanga, the book gives an ethnographic account of local initiatives and conflicts, showing how the poorest sectors of the landless have defied the South African state's attempts to privatize land holdings and create a new class of African farmers. They insist that the 'rights-based' rather than the 'market-driven' version of land reform should prevail and that land restitution was intended to benefit all Africans. However their attempts to gain land access often backfire. Despite state assurances that land reform would benefit all, illegal land selling and 'brokering' are pervasive, representing one of the only feasible routes to land access by the poor. This book shows how human rights lawyers, NGOs and the state, in interaction with local communities, have tried to square these symbolic and economic claims on land. Winner of the inaugural Elliott P. Skinner Book Award of the Association of Africanist Anthropology, 2008
Galbraith's Construction and Land Management Law for Students
by Carrie De Silva Jennifer CharlsonIdeal for students taking law modules on construction, surveying, real estate, planning and civil engineering courses, Galbraith’s Construction and Land Management Law for Students is an excellent overview of the key legal issues in the built environment. Clearly written and with wide ranging coverage of key legal principles, this textbook highlights the need for students on built environment related courses to access information on how the law relates to their profession, without getting into the heavy detail of the full-scale legal texts. Chapters provide the background to the English legal system before covering key topics such as contract law, tort, health and safety, land law, planning, landlord and tenant, dispute resolution and employment law. All chapters in this seventh edition have been updated with new case law along with statutory and regulatory changes. The improvements include: A new chapter on environmental law An explanation of the new UK/EU relationship following Brexit Details of current JCT 2016 and NEC4 construction contracts Changes to landlords’ requirements on letting property The Consumer Rights Act 2015 The Localism Act 2011 The Construction (Design and Management) Regulations 2015
Gambling on Green: Uncovering the Balance among Revenues, Reputations, and ESG (Environmental, Social, and Governance)
by Keesa C. SchreaneAre you an investor who wants to make the world a better place while getting stronger returns? Are you an executive building a sustainable business and seeking increased revenue? Are you curious about ESG and what it means for your community or organization? Then this book is for you! In Gambling on Green: Uncovering the Balance between Revenues, Reputations, and ESG, veteran financial services executive Keesa Schreane delivers a straightforward and practical guide for business leaders and investors navigating the world of environmental, social, and governance (ESG) issues. As ESG debates and scandals find their way to both newspapers and 10-Ks, many managers feel lost and unclear about how to drive a sustainable approach. Readers will learn to identify corporate sustainability, recognize good corporate governance and social responsibility, and understand what makes a company an exemplary steward of the environment. You&’ll also discover: Why ESG investing is increasingly important and how the most successful asset managers are building their sustainable portfolios How a business commitment to creating products with ESG in mind can benefit revenue efforts and increase customer loyalty How to cut business costs through sustainable operations Different sustainable bonds and how to leverage each to promote ESG while maintaining positive returns How some companies have incorporated ESG with spectacular success and others have ignored it completely—sometimes, to their perilWith compelling case studies and thoughtful analysis, Gambling on Green is a must-read for anyone interested in how investors and corporations are shifting their focus toward environmental, social, and governance issues. This book will earn a place on the shelves of retail and institutional investors, executives, and board members looking for a roadmap to some of the defining corporate and social issues of our time.
Gamboa's World: Justice, Silver Mining, and Imperial Reform in New Spain (Diálogos Series)
by Christopher AlbiGamboa&’s World examines the changing legal landscape of eighteenth-century Mexico through the lens of the jurist Francisco Xavier de Gamboa (1717–1794). Gamboa was both a representative of legal professionals in the Spanish world and a central protagonist in major legal controversies in Mexico. Of Basque descent, Gamboa rose from an impoverished childhood in Guadalajara to the top of the judicial hierarchy in New Spain. He practiced law in Mexico City in the 1740s, represented Mexican merchants in Madrid in the late 1750s, published an authoritative commentary on mining law in 1761, and served for three decades as an Audiencia magistrate. In 1788 he became the first locally born regent, or chief justice, of the High Court of New Spain. In this important work, Christopher Albi shows how Gamboa&’s forgotten career path illuminates the evolution of colonial legal culture and how his arguments about law and justice remain relevant today as Mexico debates how to strengthen the rule of law.
Game Faces: Sport Celebrity and the Laws of Reputation
by Sarah K. FieldsSports figures cope with a level of celebrity once reserved for the stars of stage and screen. In Game Faces , Sarah K. Fields looks at the legal ramifications of the cases brought by six of them--golfer Tiger Woods, quarterback Joe Montana, college football coach Wally Butts, baseball pitchers Warren Spahn and Don Newcombe, and hockey enforcer Tony Twist--when faced with what they considered attacks on their privacy and image. Placing each case in its historical and legal context, Fields examines how sports figures in the U.S. have used the law to regain control of their image. As she shows, decisions in the cases significantly affected the evolution of laws related to privacy, defamation, and publicity--areas pertinent to the lives of the famous sports figure and the non-famous consumer alike. She also tells the stories of why the plaintiffs sought relief in the courts, uncovering motives that delved into the heart of issues separating individual rights from the public's perceived right to know. A fascinating exploration of a still-evolving phenomenon, Game Faces is an essential look at the legal playing fields that influence our enjoyment of sports.
Game Theory and Society (China Perspectives)
by Weiying ZhangThe progress of society can only happen through interpersonal cooperation, because only cooperation can bring about mutual benefit, thus bringing happiness to each person. This should be our collective rationality, but we often see it conflicts with individual interests, which leads to the so-called "Prisoners’ Dilemma" and does not bring happiness to all. From a game theoretical perspective, this book addresses the issue of how people can cooperate better. It has two objectives. The first is to use common language to systematically introduce the basic methodologies and core conclusions of Game Theory, including the Nash equilibrium, multiple equilibriums, dynamic games, etc. Mathematics and theoretical models are used to the minimum necessary scope too, to make this book get access to ordinary readers with elementary mathematical training. The second objective is to utilize these methods and conclusions to analyze various Chinese social issues and institutional arrangements, with a focus on the reasons people exhibit non-cooperative behaviors as well as the institutions and cultures that promote interpersonal cooperation. In addition to economics, specialists in sociology, law, history, politics and management will also be attracted by this book for its insightful analysis on the issue of cooperation in these fields. Also, readers curious about Chinese society will benefit from this book.
Game Theory and the Law
by Douglas G. Baird Robert H. Gertner Randal C. PickerThis book is the first to apply the tools of game theory and information economics to advance our understanding of how laws work. Organized around the major solution concepts of game theory, it shows how such well known games as the prisoner’s dilemma, the battle of the sexes, beer-quiche, and the Rubinstein bargaining game can illuminate many different kinds of legal problems. Game Theory and the Law highlights the basic mechanisms at work and lays out a natural progression in the sophistication of the game concepts and legal problems considered.
Game-Day Gangsters: Crime and Deviance in Canadian Football
by Curtis FogelIn the complicated interaction between sport and law, much is revealed about the perception and understanding of consent and tolerable deviance. When a football player steps onto the field, what deviations from the rules of the game are considered acceptable? And what risks has the player already accepted by voluntarily participating in the sport? In the case of Canadian football, acts of on-field violence, hazing, and performance-enhancing drug use that would be considered criminal outside the context of sport are tolerated and even promoted by team and league administrators. The manner in which league review committees and the Canadian legal system understand such actions highlights the challenges faced by those looking to protect players from the dangers of the sport. Although there has been some discussion of legal and institutional reforms dealing with crime and deviance in Canadian sport, little exists in the way of sports law, with most cases falling into the legal categories of criminal, administrative, or civil law. In Game-Day Gangsters, Fogel argues for a review of the systems by which Canadian football is governed and analyzes the reforms proposed by football leagues and by players. Juxtaposing material from interviews with football players and administrators and from media files and legal cases, he explores the discrepancies between the players’ own experiences and the institutional handling of disciplinary matters in junior, university, and professional football leagues across the country.
Games Criminals Play: How You Can Profit by Knowing Them
by Bud Allen Diana Bosta"These puppets have been: doctors, attorneys, policemen, psychologists, teachers, clergymen, and John Q. Public. Have you ever done anything you didn't really want to do? Have you ever had that 'gut-level feeling' that something was wrong but couldn't put your finger on it? These games are perfected in prison, but are games everyone should know. Here - for the first time, is a book that - For correctional employees, provides one of the most effective tools for the behavior control of prisoners. For the public, exposes the scam or fraud and teaches how to recognize and prevent the processes criminals apply in society. This is a non-technical book that anyone can understand and use in his or her daily life. "Games Criminal Play, and How You Can Profit By Knowing Them" is a very important book. Almost daily one reads in the newspapers of various scams perpetrated on the American public. It is a unique book; no one else has revealed before this, the anatomy or structure, of set-ups, or criminals' plots. The cases in this book are not only informative, but intensely interesting"--Unedited summary from book cover.
Gaming Cancer: How Building and Playing Video Games Can Accelerate Scientific Discovery
by Jeff YoshimiCan experimenting with game design increase our chances of finding a cure for cancer?Cancer is crafty, forcing us to be just as clever in our efforts to outfox it—and we&’ve made excellent progress, but is it time for a new play in the playbook? In Gaming Cancer, Jeff Yoshimi proposes a new approach to fighting an increasingly exhausting war. By putting the work of cancer research into the hands of nonspecialists, Yoshimi believes, we can accelerate the process of outgaming the disease once and for all.Gamers have already used &“serious games&” to discover new galaxies, digitize ancient texts, decode viruses, and solve theoretical problems in neuroscience. Cancer is a multilayered threat, and our best bet at overcoming it is via more minds working in concert. Gaming Cancer is an instruction manual for engineering games that motivate users to strain and sweat to find cancer cures. It integrates game design with research in cancer biology, data visualization techniques, and developments in cognitive science and AI while remaining sensitive to the limitations of citizen science and ethical concerns. Yoshimi sees in cutting-edge game technology the potential to educate and empower people to outwit cancer, an indirect route to richer science literacy that draws on the boundless resources of the mind.This book offers anyone invested in beating this seemingly intractable disease a concrete playbook that combines real science with creative vision in an effort to defeat the boss monster, cancer.
Gaming as a Cultural Commons: Risks, Challenges, and Opportunities (Translational Systems Sciences #28)
by Willy Christian Kriz Toshiko Kikkawa Junkichi SugiuraThis book focuses on relatively neglected areas of simulation and gaming (S&G), i.e., cultural aspects and ethical issues, in addition to giving readers a basic knowledge of S&G. Although the educational effects of S&G, and related methods such as gamification, as well as serious games have been studied and are gaining recognition, their downsides are often overlooked. For example, there is always a risk of manipulation by games if maliciously designed and facilitated. Ethical codes of game designers, facilitators, and educators must be established on the basis of academic research. Considerations of the ethics of games are essential not only for S&G researchers and educators but also for the general public, because games have sometimes been used for propaganda purposes in the past and could be again, in the present and future. Looking at the cultural aspect, as the S&G community has accumulated research over 50 years, the book includes the knowledge of the pioneers, i.e., archival interview data. This is the first book that includes extensive interviews of researchers and commercial game designers and critics. It also contains diverse topics from the perspective of gender and Japanese culture. Japan has been attracting attention in the field of board games as there are many independent game designers and an expanding market. Although women in S&G have gained some recognition, the topic has been rather ignored and was first officially discussed in 2019 at the international conference of the International Simulation and Gaming Association held in Warsaw. In summary, by focusing on comparatively overlooked or neglected aspects of S&G, this book expands future opportunities in the field for researchers and educators, with increased awareness by the general public.
Gaming the Game: The Story Behind the NBA Betting Scandal and the Gambler Who Made It Happen
by Sean Griffin'Gaming the Game' delves into the FBI investigation of illegal gambling involving former basketball referee, Tim Donaghy. The story examines Donaghy's relationships with professional gambler Jimmy Battista and Tommy Martino, the involvement of crime families in the scheme and the FBI's failed efforts to 'flip' Battista into a witness. Sean Patrick Griffin sheds new light to the scandal, helping to unravel this complex case, with a multitude of characters and organisations - all with their own motivations.
Gaming, Governance and Public Policy in Macao
by Newman M.K. LamThe small city of Macao--formerly a Portuguese colony, now a Special Administrative Region of China--liberalised its gaming industry in 2002. Since then a score of new casinos have been built and millions of gamblers have flooded in from mainland China. Per capita income has more than doubled in five years and the gaming operators have outstripped their Las Vegas counterparts in revenue and profits. But rapid economic growth has also brought social and political problems. In this structured survey of modern Macao, 15 experts examine the effects of massive foreign investment, the problems of governance, and increasing public policy challenges in a time of rapid change and potential social instability. Newman M. K. Lamis professor of public administration at the University of Macau. Ian Scottis emeritus professor and fellow of the Asia Research Centre at Murdoch University and adjunct professor of public and social administration at the City University of Hong Kong.
Gandhi In Contemporary Times
by S K Srivastava Ashok VohraThis volume brings together essays which discuss and contextualise Gandhi’s ideas on pluralism, religious identity, non-violence, satyagraha, and modernity. It interrogates the epistemic foundations of Gandhian thinking and weltanschauung, identifies diverse strands within his arguments, and gives it new meaning in contemporary society. This book focuses on Gandhi’s engagements with religious, political and social conflicts, his reflections on faith and modernity, and his argumentative dialogues with Mohammad Ali Jinnah and B R Ambedkar. It provides critical insights into Gandhi’s philosophy and suggests ways of engaging with his ethical and moral ideas in contemporary intellectual and political discourse. Comparing and contrasting Gandhian thought and strategies with contemporary issues and conceptions of religious freedom, conflict resolution, and liberalism; the volume reformulates and reconstitutes his intellectual and political legacy. This book points to new and possible future directions of research on Gandhian concepts and will be useful for scholars in the fields of political science, Gandhian studies, sociology and philosophy.
Gandhi for the 21st Century: Religion, Morality and Politics
by Mrinal Miri Bindu PuriThis book examines the centrality of ideas such as satya (truth), ahimsa (non-violence), humility, and respect for understanding moral life in the complex milieu of human existence. It provides a comprehensive view of how Gandhian ideas have both a temporal and spatial universality significantly different from Western modern philosophy's universality claims. The chapters represent different styles of philosophy but with a common purpose, offering insights into how the global debates on religion, morality, and politics are assessed from Gandhi's point of view. Written in language accessible to general readers with an interest in Gandhian thinking, the book will appeal to academics and philosophers.
Gandhi on Non-Violence
by Thomas Merton Mark Kurlansky Mahatma GandhiAn essential compendium for understanding Gandhi's profound legacy. "One has to speak out and stand up for one's convictions. Inaction at a time of conflagration is inexcusable."--Mahatma Gandhi The basic principles of Gandhi's philosophy of non-violence (Ahimsa) and non-violent action (Satyagraha) were chosen by Thomas Merton for this volume in 1965. In his challenging Introduction, "Gandhi and the One-Eyed Giant," Merton emphasizes the importance of action rather than mere pacifism as a central component of non-violence, and illustrates how the foundations of Gandhi's universal truths are linked to traditional Hindu Dharma, the Greek philosophers, and the teachings of Christ and Thomas Aquinas. Educated as a Westerner in South Africa, it was Gandhi's desire to set aside the caste system as well as his political struggles in India which led him to discover the dynamic power of non-cooperation. But, non-violence for Gandhi "was not simply a political tactic," as Merton observes: "the spirit of non-violence sprang from an inner realization of spiritual unity in himself." Gandhi's politics of spiritual integrity have influenced generations of people around the world, as well as civil rights leaders from Martin Luther King, Jr. and Steve Biko to Václav Havel and Aung San Suu Kyi. Mark Kurlansky has written an insightful preface for this edition that touches upon the history of non-violence and reflects the core of Gandhi's spiritual and ethical doctrine in the context of current global conflicts.
Gang Injunctions and Abatement: Using Civil Remedies to Curb Gang-Related Crimes
by Matthew D. O'DeaneAs gang violence continues to rise across the country and the world, police departments, prosecutors, and community members are seeking new methods to reduce the spread of gang-related criminal activity. Civil gang injunctions have become a growing feature of crime control programs in several states across the nation. Gang Injunctions and Abatement
Gang Life in Two Cities: An Insider's Journey
by Robert J. DuránRefusing to cast gangs in solely criminal terms, Robert J. Durán, a former gang member turned scholar, recasts such groups as an adaptation to the racial oppression of colonization in the American Southwest. Developing a paradigm rooted in ethnographic research and almost two decades of direct experience with gangs, Durán completes the first-ever study to follow so many marginalized groups so intensely for so long, revealing their core characteristics, behavior, and activities within two unlikely American cities.Durán spent five years in Denver, Colorado, and Ogden, Utah, conducting 145 interviews with gang members, law enforcement officers, prosecutors, and other relevant individuals. From his research, he constructs a comparative outline of the emergence and criminalization of Latino youth groups, the ideals and worlds they create, and the reasons for their persistence. He also underscores the failures of violent gang suppression tactics, which have only further entrenched these groups within the barrio. Encouraging cultural activists and current and former gang members to pursue grassroots empowerment, Durán proposes new solutions to racial oppression that challenge and truly alter the conditions of gang life.
Gangs and Girls
by Patrice Corriveau Michel DoraisThey discuss how young men are drawn to gang life, how young girls become attracted and attached to the gang members who eventually sell them into prostitution, and why it is so hard to infiltrate and dismantle the distinct but interrelated worlds of the procurer, victim, and client. Rooted firmly in first person testimony, this research deepens our understanding of juvenile prostitution by identifying and exploring the types of motivations and circumstances that lead teenagers into prostitution rings.
Gangs and Girls: Understanding Juvenile Prostitution
by Patrice Corriveau Michel DoraisThey discuss how young men are drawn to gang life, how young girls become attracted and attached to the gang members who eventually sell them into prostitution, and why it is so hard to infiltrate and dismantle the distinct but interrelated worlds of the procurer, victim, and client. Rooted firmly in first person testimony, this research deepens our understanding of juvenile prostitution by identifying and exploring the types of motivations and circumstances that lead teenagers into prostitution rings.
Gangs and Organized Crime
by George W. Knox Gregg Etter Carter F. SmithIn <i>Gangs and Organized Crime</i>, George W. Knox, Gregg W. Etter, and Carter F. Smith offer an informed and carefully investigated examination of gangs and organized crime groups, covering street gangs, prison gangs, outlaw motorcycle gangs, and organized crime groups from every continent. The authors have spent decades investigating gangs as well as researching their history and activities, and this dual professional-academic perspective informs their analysis of gangs and crime groups. They take a multi-disciplinary approach that combines criminal justice, public policy and administration, law, organizational behavior, sociology, psychology, and urban planning perspectives to provide insight into the actions and interactions of a variety of groups and their members. This textbook is ideal for criminal justice and sociology courses on gangs as well as related course topics like gang behavior, gang crime and the inner city, organized crime families, and transnational criminal groups. <i>Gangs and Organized Crime</i> is also an excellent addition to the professional’s reference library or primer for the general reader.
Gangs and Society: Alternative Perspectives
by David C. Brotherton Luis Barrios Louis KontosThis volume addresses timely questions from an eclectic range of positions and brings together the work of academics, activists, and community leaders to examine the many functions and faces of gangs today. Analyzing the spread of gangs from New York to Texas to the West Coast, the book covers such topics as the spirituality of gangs, the place of women in gang culture, and the effect on gangs of a variety of educational programs and services for at-risk youth.