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The Applied Law and Economics of Public Procurement: Applied Law And Economics Of Public Procurement (The Economics of Legal Relationships)
by Gustavo Piga Steen TreumerThis book explores Public Procurement novelties and challenges in an interdisciplinary way. The process whereby the public sector awards contracts to companies for the supply of works, goods or services is a powerful instrument to ensure the achievement of new public goals as well as an efficient use of public funds. This book brings together the papers that have been presented during the "First Symposium on Public Procurement", a conference held in Rome last summer and to be repeated again yearly. As Public Procurement touches on many fields (law, economics, political science, engineering) the editors have used an interdisciplinary approach to discuss four main topics of interest which represent the four different parts in which this book is divided: Competitive dialogue and contractual design fostering innovation and need analysis, Separation of selection and award criteria, including exclusion of reputation indicators like references to experience, performance and CV’s from award criteria, Retendering a contract for breach of procurement rules or changes to contract (contract execution), Set-asides for small and medium firms, as in the USA system with the Small Business Act that reserves shares of tenders to SMEs only.
Applied Legal Pluralism: Processes, Driving Forces and Effects
by Ghislain Otis Jean Leclair Sophie ThériaultThis book offers a comparative study of the management of legal pluralism. The authors describe and analyse the way state and non-state legal systems acknowledge legal pluralism – defined as the coexistence of a state and non-state legal systems in the same space in respect of the same subject matter for the same population - and determine its consequences for their own purposes. The book sheds light on the management processes deployed by legal systems in Africa, Canada, Central Europe and the South Pacific, the multitudinous factors circumscribing the action of systems and individuals with respect to legal pluralism, and the effects of management strategies and processes on systems as well as on individuals. The book offers fresh practical and analytical insight on applied legal pluralism, a fast-growing field of scholarship and professional practice. Drawing from a wealth of original empirical data collected in several countries by a multilingual and multidisciplinary team, it provides a thorough account of the intricate patterns of state and non-state practices with respect to legal pluralism. As the book’s non-prescriptive approach helps to uncover and evaluate several biases or assumptions on the part of policy makers, scholars and development agencies regarding the nature and the consequences of legal pluralism, it will appeal to a wide range of scholars and practitioners in law, development studies, political science and social sciences.
An Applied Perspective on Indian Ethics
by P. K. MohapatraThis book presents a novel interpretation of major problems of Indian ethics from an applied ethical perspective. It approaches prominent theories like Dharma, Karma and Purusarthas from a critical point of view, so as to render them logically consistent and free from some standard limitations. Ethical theories are meant to provide guidance for life, but quite often many of our celebrated theories appear to be inapplicable or difficult to apply in practical life. Indian ethical theories are of special significance to this problem because they have in them rich potentials of applicability as much as many of them typify inapplicable abstract theories of morals. The book incorporates a wealth of research on ethical theories, keeping in view the spirit of ethics and the demands of the situations; for a reasoned balance between the two is the key to applied ethics. The book argues that ethical theories are objective but defeasible in overriding circumstances where competing values deserve preference. Such justified exceptions are warranted by the very spirit of ethics, which is to promote the good life. The argument from defeasibility and justified violation in the book helps bridging the gap between ethics and its application and makes Indian theories of value appear in fresh light- workable, practically applicable and effective as incentives for morality. With uncommon virtue of contemporized presentation of Indian ethics, this book should be of interest to scholars and researchers working on Indian ethics and moral philosophy, as well as to those interested in Indian culture and value tradition.
Applied Philosophy: Morals and Metaphysics in Contemporary Debate
by Brenda Almond Donald HillIn bringing the concepts and methods of philosophy to bear on specific, pressing, practical concerns, applied philosophy is the modern expression of a perennial concern: to understand, in part to control, and to come to terms with the conditions in which human life is to be lived. Originally published in 1991 and written by distinguished philosophers and academics from Europe, the USA and Australia, the essays collected in this volume examine subjects of continued concern and debate, such as the environment, personal relationships, terrorism and medicine. The contributions were originally published in the Journal of Applied Philosophy.
Applying an International Human Rights Framework to State Budget Allocations: Rights and Resources (Routledge Research in Human Rights Law)
by Colin Harvey Aoife Nolan Rory O'Connell Mira Dutschke Eoin RooneyHuman rights based budget analysis projects have emerged at a time when the United Nations has asserted the indivisibility of all human rights and attention is increasingly focused on the role of non-judicial bodies in promoting and protecting human rights. This book seeks to develop the human rights framework for such budget analyses, by exploring the international law obligations of the International Covenant on Economic, Social and Cultural Rights (ICESCR) in relation to budgetary processes. The book outlines international experiences and comparative practice in relation to economic and social rights budget analysis and budgeting. The book sets out an ICESCR-based methodology for analysing budget and resource allocations and focuses on the legal obligation imposed on state parties by article 2(1) of ICESCR to progressively realise economic and social rights to 'the maximum of available resources'. Taking Northern Ireland as a key case study, the book demonstrates and promotes the use of a ‘rights-based’ approach in budgetary decision-making. The book will be relevant to a global audience currently considering how to engage in the budget process from a human rights perspective. It will be of interest to students and researchers of international human rights law and public law, as well as economic and social rights advocacy and lobbying groups.
Applying Care Ethics to Business (Issues in Business Ethics #34)
by Maureen Sander-Staudt Maurice HamingtonApplying Care Ethics to Business is a multidisciplinary collection of original essays that explores the intersection between the burgeoning field of care ethics and business. Care ethics is an approach to morality that emphasizes relational, particularist, and affective dimensions of morality that evolved from feminist theory and today enjoys robust intellectual exploration. Care ethics emerged out of feminist theory in the 1980's and the greatest contribution to moral analysis among Women' Studies scholars. Today, feminists and non-feminist scholars are increasingly taking care ethics seriously. Applying care to the marketplace is a natural step in its maturity. Applying Care Ethics to Business is the first book-length analysis of business and economic cases and theories from the perspective of care theory. Furthermore, given economic turbulence and the resulting scrutiny of market practices, care ethics provides fresh and timely insight into ideal business values and commitments. In many ways, care ethics' emphasis upon connection and cooperation as well as the growth and well-being of the other make it appear to be the antithesis of the corporate character. Nevertheless, many contemporary theorists question if traditional moral approaches based on autonomous agents is adequate to address a shrinking and interconnected world--particularly one that is marked by global markets. Applying Care Ethics to Business offers a unique opportunity to rethink corporate responsibility and business ethics.
Applying Ethics: A Text With Readings
by Julie C. Van Camp Jeffrey Olen Vincent BarryDiscover the ethical implications and issues surrounding today's most compelling social dilemmas--from genetic engineering and cloning to terrorism and the use of torture--with APPLYING ETHICS: A TEXT WITH READINGS, 11th Edition. <p><p>Framed by the authors' helpful introductions and supported by a variety of readings and cases that reflect both sides of the topics being explored, this best-selling book offers a balanced introduction to ethics today.
Applying Ethics: A Text with Readings (9th edition)
by Jeffrey Olen Julie C. Van Camp Vincent BarryThis book introduces students to ethics via a well-proven formula of engaging commentary, seminal readings, and thought-provoking cases drawn from a wide range of contemporary social debates.
Applying International Humanitarian Law in Judicial and Quasi-Judicial Bodies: International and Domestic Aspects
by Derek Jinks Jackson N. Maogoto Solon SolomonThe work analyzes the impact and implementation of international humanitarian law in judicial and quasi judicial bodies. Moreover, acknowledging the high impact domestic jurisdictions have in the configuration of international law, the book does not rest only in an analysis of the international jurisprudence, but delves also into the question of how domestic courts relate to international humanitarian law issues.
Applying Nonideal Theory to Bioethics: Living and Dying in a Nonideal World (Philosophy and Medicine #139)
by Elizabeth Victor Laura K. Guidry-GrimesThis book offers new essays exploring concepts and applications of nonideal theory in bioethics. Nonideal theory refers to an analytic approach to moral and political philosophy (especially in relation to justice), according to which we should not assume that there will be perfect compliance with principles, that there will be favorable circumstances for just institutions and right action, or that reasoners are capable of being impartial. Nonideal theory takes the world as it actually is, in all of its imperfections. Bioethicists have called for greater attention to how nonideal theory can serve as a guide in the messy realities they face daily. Although many bioethicists implicitly assume nonideal theory in their work, there is the need for more explicit engagement with this theoretical outlook. A nonideal approach to bioethics would start by examining the sociopolitical realities of healthcare and the embeddedness of moral actors in those realities. How are bioethicists to navigate systemic injustices when completing research, giving guidance for patient care, and contributing to medical and public health policies? When there are no good options and when moral agents are enmeshed in their sociopolitical viewpoints, how should moral theorizing proceed? What do bioethical issues and principles look like from the perspective of historically marginalized persons? These are just a few of the questions that motivate nonideal theory within bioethics. This book begins in Part I with an overview of the foundational tenets of nonideal theory, what nonideal theory can offer bioethics, and why it may be preferable to ideal theory in addressing moral dilemmas in the clinic and beyond. In Part II, authors discuss applications of nonideal theory in many areas of bioethics, including reflections on environmental harms, racism and minority health, healthcare injustices during incarceration and detention, and other vulnerabilities experienced by patients from clinical and public health perspectives. The chapters within each section demonstrate the breadth in scope that nonideal theory encompasses, bringing together diverse theorists and approaches into one collection.
Applying Reflective Equilibrium: Towards the Justification of a Precautionary Principle (Logic, Argumentation & Reasoning #27)
by Tanja RechnitzerThis open access book provides the first explicit case study for an application of the method of reflective equilibrium (RE), using it to develop and defend a precautionary principle. It thereby makes an important and original contribution to questions of philosophical method and methodology. The book shows step-by-step how RE is applied, and develops a methodological framework which will be useful for everyone who wishes to use reflective equilibrium. With respect to precautionary principles, the book demonstrates how a rights-based precautionary principle can be constructed and defended. The case study succeeds in demonstrating that RE can be successfully applied and puts real constraints on the justification process. This is all the more remarkable as the case study was designed as an open-ended process, without presupposing any specific results. This book will be highly relevant both to people interested in philosophical methodology and epistemology, as well as to researchers who are interested in using philosophical methods and tools and applying them to practical problems.
Applying Statistics in the Courtroom: A New Approach for Attorneys and Expert Witnesses
by Philip GoodThis publication is directed at both attorneys and statisticians to ensure they will work together successfully on the application of statistics in the law. Attorneys will learn how best to utilize the statistician's talents, while gaining an enriched understanding of the law relevant to audits, jury selection, discrimination, environmental hazards, evidence, and torts as it relates to statistical issues. Statisticians will learn that the law is what judges say it is and to frame their arguments accordingly. This book will increase the effectiveness of both parties in presenting and attacking statistical arguments in the courtroom. Topics covered include sample and survey methods, probability, testing hypotheses, and multiple regression.
Applying the Mental Capacity Act 2005 in Education: A Practical Guide for Education Professionals
by Jane L. SinsonThis straightforward book explains the introduction of the Mental Capacity Act 2005 (MCA) and its code of practice (COP) as part of the Children and Families Act 2014 and the accompanying SEND COP in England. This is the first comprehensive book to explain to education professionals the legal requirement to follow the MCA COP and SEND COP guidelines when formally considering a young person's (16 - 25) capacity to make decisions about their education. Using education-focussed case studies throughout to illustrate key points, this practical guide explains the MCA five principles, defines the term 'mental capacity' and clarifies the circumstances in which a young person would lack capacity to make a decision. It describes when a capacity assessment is likely to be required and presents a step-by-step guide to undertaking a capacity assessment. This is the essential guide to the MCA for FE college tutors, post 16 teachers, specialist teachers, local authority SEN officers and educational psychologists.
The Appointment: What Your Doctor Really Thinks During Your Ten-Minute Consultation
by Dr Graham EastonDespite the modern trend towards empowering patients and giving them more choice, the nuts and bolts of medical practice largely remain a mystery - a closed box. In fact, the more health information is available on the internet, the more patients can feel swamped and confused. The Appointment offers an intimate and honest account of how a typical GP tries to make sense of a patient's health problems and manage them within the constraints of their health system and the short ten minute appointment. We have always been fascinated by our own health but in recent years, especially for older people, seeing the GP has become a regular activity. In the past decade the average number of times a patient visits his or her GP has almost doubled. Despite this increasing demand, getting to see a GP is not always easy so those intimate ten minutes with the doctor are extremely precious, and there's more than ever to cram in. Taking the reader through a typical morning surgery, The Appointment shines a light onto what is really going on in those central ten minutes and lets the reader, for the first time, get inside the mind of the person sitting in front of them - the professional they rely on to look after their health. Experienced GP Dr Graham Easton shows how GPs really think, lays bare their professional strengths and weaknesses, and exposes what really influences their decisions about their patients' health.
The Apprentice: Trump, Mueller and the Subversion of American Democracy
by Greg MillerFrom two-time Pulitzer Prize–winning Washington Post national security reporter Greg Miller, the truth about Vladimir Putin’s covert attempt to destroy Hillary Clinton and help Donald Trump win the presidency, its possible connections to the Trump campaign, Robert Mueller’s ensuing investigation of the president and those close to him, and the mystery of Trump’s steadfast allegiance to Putin.It has been called the political crime of the century: a foreign government, led by a brutal authoritarian leader, secretly interfering with the American presidential election to help elect the candidate of its choice. Now two-time Pulitzer Prize–winning Washington Post national security reporter Greg Miller investigates the truth about the Kremlin’s covert attempt to destroy Hillary Clinton and help Donald Trump win the presidency, Trump’s steadfast allegiance to Vladimir Putin, and Robert Mueller’s ensuing investigation of the president and those close to him. Based on interviews with hundreds of people in Trump’s inner circle, current and former government officials, individuals with close ties to the White House, members of the law enforcement and intelligence communities, foreign officials, and confidential documents, The Apprentice offers striking new information about:the hacking of the Democrats by Russian intelligence;Russian hijacking of Facebook and Twitter;National Security Adviser Michael Flynn’s hidden communications with the Russians;the attempt by Jared Kushner, Trump’s son-in-law, to create a secret back channel to Moscow using Russian diplomatic facilities;Trump’s disclosure to Russian officials of highly classified information about Israeli intelligence operations;Trump’s battles with the CIA and the FBI and fierce clashes within the West Wing;Trump’s efforts to enlist the director of national intelligence and the director of the National Security Agency to push back against the FBI’s investigation of his campaign;the mysterious Trump Tower meeting;the firing of FBI Director James Comey;the appointment of Mueller and the investigation that has followed;the tumultuous skirmishing within Trump’s legal camp;and Trump’s jaw-dropping behavior in Helsinki. Deeply reported and masterfully told, The Apprentice is essential reading for anyone trying to understand Vladimir Putin’s secret operation, its catastrophic impact, and the nature of betrayal.
Approaches to Corporate Social Responsibility: Knowledge, Values, and Actions (Routledge Studies in Business Ethics)
by Stefan Markovic Adam Lindgreen Nikolina Koporcic Milena MicevskiFollowing recent growth of ethical consumerism, customers and other stakeholders increasingly pressure organizations to be socially responsible and minimize their negative impact on the environment. Accordingly, a plethora of firms have integrated corporate social responsibility (CSR) at the center of their business strategies and actions. Whilst this has resulted in many firms meeting their broader responsibilities toward society and the environment, some firms have used CSR in a manipulative and insincere way. As stakeholders become aware of such misuse of CSR, largely thanks to the rapid evolution of information technologies, they start to penalize firms by spreading negative word of mouth about them, and specifically about their CSR knowledge, values, and actions. Now, more than ever before, stakeholders are increasingly critical and cautious in their assessments of firms’ CSR knowledge, values, and actions. On this background, this edited volume sheds light on different internal and external perspectives spanning CSR knowledge, values, and actions. It shares theoretical, practical, and case-based insights on the broader topic and can be of interest to researchers, academics, practitioners, and advanced students in the fields of CSR and business ethics, knowledge management, strategy, and marketing.
Approaches to Death and Dying: Bioethical and Cultural Perspectives
by Marta Szabat Jan PiaseckiThe book Approaches to Death and Dying: Bioethical and Cultural Perspectives, edited by Marta Szabat and Jan Piasecki, is part of a still too narrow catalogue of works devoted to end-of-life themes. The volume consists of eleven articles arranged in four parts corresponding to a broad range of issues: law, ethics, philosophy, and cultural studies. The arrangement of the book is thus constructed around various perspectives upon which any reflection on death and dying must be based. This is perhaps indicative of how difficult it is to adopt an unambiguous attitude towards death–modernity, which introduces a multitude of possible choices and decisions regarding our own bodies, has enhanced individualism but at the same time done away with the order provided by old customs, cultural arrangements, strategies towards the inevitable and the power exerted by that order.
Approaches to Legal Ontologies: Theories, Domains, Methodologies (Law, Governance and Technology Series #1)
by Giovanni Sartor Mariangela Biasiotti Meritxell Fernández-Barrera Pompeu CasanovasThe book provides the reader with a unique source regarding the current theoretical landscape in legal ontology engineering as well as on foreseeable future trends for the definition of conceptual structures to enhance the automatic processing and retrieval of legal information in the Semantic Web framework. It will thus interest researchers in the domains of the SW, legal informatics, Artificial Intelligence and law, legal theory and legal philosophy, as well as developers of e-government applications based on the intelligent management of legal or public information to provide both back-office and front-office support.
Approaches to Legal Rationality (Logic, Epistemology, and the Unity of Science #20)
by Dov M. Gabbay Patrice Canivez Shahid Rahman Alexandre ThiercelinLegal theory, political sciences, sociology, philosophy, logic, artificial intelligence: there are many approaches to legal argumentation. Each of them provides specific insights into highly complex phenomena. Different disciplines, but also different traditions in disciplines (e.g. analytical and continental traditions in philosophy) find here a rare occasion to meet. The present book contains contributions, both historical and thematic, from leading researchers in several of the most important approaches to legal rationality. One of the main issues is the relation between logic and law: the way logic is actually used in law, but also the way logic can make law explicit. An outstanding group of philosophers, logicians and jurists try to meet this issue. The book is more than a collection of papers. However different their respective conceptual tools may be, the authors share a common conception: legal argumentation is a specific argumentation context.
Approaching Business Models from an Economic Perspective II
by Wei Wei Wuxiang Zhu Guiping LinThis book breaks the boundaries of the single enterprise, proposing the symbiotic business model, and discussing business model design engineering as well as other new concepts, methods and ideas. Business models are not only dependent on business intuition, but also on systematic design and continuous upgrade. This book presents qualitative methods, such as the theory and principles of business model design; quantitative methods, for example the business-model based "Accounting Method"; and the "Financial Analysis Method," based on the business ecosystem. These methods help entrepreneurs and managers design better business models to further develop enterprises and make them more successful.
Approaching Complex Diseases: Network-Based Pharmacology and Systems Approach in Bio-Medicine (Human Perspectives in Health Sciences and Technology #2)
by Mariano BizzarriThis volume – for pharmacologists, systems biologists, philosophers and historians of medicine – points to investigate new avenues in pharmacology research, by providing a full assessment of the premises underlying a radical shift in the pharmacology paradigm. The pharmaceutical industry is currently facing unparalleled challenges in developing innovative drugs. While drug-developing scientists in the 1990s mostly welcomed the transformation into a target-based approach, two decades of experience shows that this model is failing to boost both drug discovery and efficiency. Selected targets were often not druggable and with poor disease linkage, leading to either high toxicity or poor efficacy. Therefore, a profound rethinking of the current paradigm is needed. Advances in systems biology are revealing a phenotypic robustness and a network structure that strongly suggest that exquisitely selective compounds, compared with multitarget drugs, may exhibit lower than desired clinical efficacy. This appreciation of the role of polypharmacology has significant implications for tackling the two major sources of attrition in drug development, efficacy and toxicity. Integrating network biology and polypharmacology holds the promise of expanding the current opportunity space for druggable targets.
Appropriate Dispute Resolution in Comparative Perspectives: Nigeria, the UK, and the US (Ius Gentium: Comparative Perspectives on Law and Justice #113)
by Chinwe Egbunike-UmegboluThis book explores the various types of Appropriate Dispute Resolution (ADR) applied in Nigeria, the UK, and the US. It critically examines the effectiveness of mediation, arbitration, restorative justice, collaborative law, and online dispute resolution (ODR) in settling disputes or conflicts, while also demonstrating the benefits of ADR and multi-door courthouses (MDCs). The book provides a concise introduction to the resolution of disputes or conflicts in Africa prior to the advent of colonial rule. It suggests that a ‘legal transplant’ can also take place from a less complex society to a more complex one, contrary to the general belief that legal transplants usually proceed from a more complex society to a less complex one.The book aims to help people understand ADR mechanisms and the advantages of settling disputes using means other than litigation. It presents Traditional African Methods of Settling Disputes (TAMSD), Early Dispute Resolution (EDR), arbitration, negotiation, ODR, collaborative law, restorative justice, conciliation, ombuds, and early neutral evaluation as viable alternatives. It also highlights the need for clinical legal education and effective messaging that highlights the benefits of ADR compared to traditional litigation. In turn, it analyses the use of ADR, especially mediation and collaborative law, to settle disputes in criminal law, restorative justice, employment law, and business and human rights due diligence/violation cases. Further, the book demonstrates that criminal matters are now under the scope of ADR via Restorative Justice Door.The book discusses the skills, techniques, and relevant statutory frameworks for each field of Appropriate Dispute Resolution and provides national and international examples of the application of the relevant principles. Addressing the fields of Appropriate Dispute Resolution (ADR), criminal law, civil law, business management, psychology, employment law, humanresource management, and African studies, it will appeal to a wide readership.
La Apuesta
by Anton P. Chekhov"La Apuesta" es un cuento de 1889 de Anton Chekhov sobre un banquero y un joven abogado que hacen una apuesta entre ellos tras una conversación sobre si la pena de muerte es mejor o peor que la cadena perpetua.
AQA A-level Law for Year 1/AS
by Jacqueline Martin Nicholas PriceExam Board: AQALevel: AS/A-levelSubject: LawFirst Teaching: September 2017First Exam: June 2018This title has been approved by AQAAccurately cover the breadth of content in the new 2017 AQA A-level specification with this textbook written by leading Law authors, Jacqueline Martin and Nicholas Price. This engaging and accessible textbook provides coverage of the new AQA A-level Law specification and features authoritative and up-to-date material on the important changes to the law.- Book 1 covers all mandatory units for AS-level and for year 1 of a two-year course.- Important, up-to-date and interesting cases and scenarios highlight key points.- Discussion and activity tasks increase your understanding of more difficult concepts.- Practice questions and 'check your understanding' questions to help your students prepare for their exams.Authors:- Jacqueline Martin LLM has ten years' experience as a practising barrister and has taught law at all levels.- Nicholas Price is an experienced teacher of Law and an A-Level Law textbook author.
AQA A-level Law for Year 1/AS
by Jacqueline Martin Nicholas PriceThis title has been approved by AQAAccurately cover the breadth of content in the new 2017 AQA A-level specification with this textbook written by leading Law authors, Jacqueline Martin and Nicholas Price. This engaging and accessible textbook provides coverage of the new AQA A-level Law specification and features authoritative and up-to-date material on the important changes to the law.- Book 1 covers all mandatory units for AS-level and for year 1 of a two-year course.- Important, up-to-date and interesting cases and scenarios highlight key points.- Discussion and activity tasks increase your understanding of more difficult concepts.- Practice questions and 'check your understanding' questions to help you prepare for your exams.Authors:- Jacqueline Martin LLM has ten years' experience as a practising barrister and has taught law at all levels.- Nicholas Price is an experienced teacher of Law and an A-Level Law textbook author.