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Honest Errors? Combat Decision-Making 75 Years After the Hostage Case
by Nobuo Hayashi Carola LingaasThis book marks the 75th anniversary of the 1948 Hostage Case in which a US military tribunal in Nuremberg acquitted General Lothar Rendulic of devastating Northern Norway on account of his honest factual error. The volume critically reappraises the law and facts underlying his trial, the no second-guessing rule in customary international humanitarian law (IHL) that is named after the general himself, and the assessment of modern battlefield decisions.Using recently discovered documents, this volume casts major doubts on Rendulic’s claim that he considered the region’s total devastation and the forcible evacuation of all of its inhabitants imperatively demanded by military necessity at the time. This book’s analysis of court records reveals how the tribunal failed to examine relevant facts or explain the Rendulic Rule’s legal origin. This anthology shows that, despite the Hostage Case’s ambiguity and occasional suggestions to the contrary, objective reasonableness forms part of the reasonable commander test under IHL and the mistake of fact defence under international criminal law (ICL) to which the rule has given rise. This collection also identifies modern warfare’s characteristics—human judgment, de-empathetic battlespace, and institutional bias—that may make it problematic to deem some errors both honest and reasonable. The Rendulic Rule embodies an otherwise firmly established admonition against judging contentious battlefield decisions with hindsight. Nevertheless, it was born of a factually ill-suited case and continues to raise significant legal as well as ethical challenges today.The most comprehensive study of the Rendulic Rule ever to appear in English, this multi-disciplinary anthology will appeal to researchers and practitioners of IHL and ICL, as well as military historians and military ethicists and offers ground-breaking new research.Nobuo Hayashi is affiliated to the Centre for International and Operational Law at the Swedish Defence University in Stockholm, Sweden.Carola Lingaas is affiliated to the Faculty of Social Studies at VID Specialized University in Oslo, Norway.
An Honest Man: A Novel
by Michael KorytaIn this breathtaking thriller from the New York Times bestselling author of Those Who Wish Me Dead, the murder of several politicians at sea shatters the world of a local lobsterman who must prove his innocence and save his own life.Israel Pike was a killer, and he was an honest man. They were not mutually exclusive. After discovering seven men murdered aboard their yacht – including two Senate rivals – Israel Pike is regarded as a prime suspect. A troubled man infamous on Salvation Point Island for killing his own father a decade before, Israel has few options, no friends, and a life-threatening secret. Elsewhere on the island, 12-year-old Lyman Rankin seeks shelter from his alcoholic father in an abandoned house only to discover that he is not alone. A mysterious woman greets him with a hatchet and a promise: &“Make a sound and I&’ll kill you.&” As the investigation barrels forward, Lyman, Israel, and the fate of the case collide in immutable ways. Written with mounting suspense, stirring emotion, and deep understanding of character, Koryta continues to prove why David Baldacci has called him &“an exceptionally gifted storyteller&” and Michael Connelly has deemed him &“one of the best of the best, plain and simple.&”
Honest to Greatness: How Today's Greatest Leaders Use Brutal Honesty to Achieve Massive Success
by Peter KozodoyIn today's hyper-transparent world, consumers have enormous power to decide which brands are worth their time and money—so how do you make sure they choose yours? Unfortunately, most leaders and organizations are stuck following archaic, detrimental business practices. Meanwhile, savvy consumers and employees across every generation are making their stance perfectly clear: They are not interested in supporting organizations that seem inauthentic, soulless, or untrustworthy. In this environment, only the honest will survive. In Honest to Greatness, serial Inc. 5000 entrepreneur Peter Kozodoy shows how today's greatest business leaders use honesty—not as a touchy-feely core value, but as a business strategy that produces game-changing, industry-dominating success. Through case studies and interviews with leaders at Bridgewater Associates, Sprint, Quicken Loans, Domino's, The Ritz-Carlton, and more, Kozodoy presents fresh business concepts that anyone in the workplace can implement in order to: Reach, engage, and retain your best customers Attract and inspire the best talent in any industry Create an unbeatable culture of innovation that dominates your competitors Earn your team's respect and loyalty Unlock deep personal fulfillment by setting the "right" goals Filled with powerful lessons for current and future leaders, this timely book demonstrates how to use honesty at both the organizational and individual level to achieve true greatness in business and in life.
Honest Work: A Business Ethics Reader
by Joanne B. Ciulla Clancy Martin Robert C. SolomonIn today's business world, ethics is not simply a peripheral concern of executive boards or a set of supposed constraints on free enterprise. Ethics stands at the very core of our working lives and of society as a whole, defining the public image of the business community and the ways in which individual companies and people behave. What people do at work--and how they think about work--determines their attitudes and aspirations, affecting and even structuring their personal lives and habits. <P><P>Working from this premise, Honest Work: A Business Ethics Reader provides a practical overview of business ethics that concentrates on the ethical problems and dilemmas students are most likely to face in their prospective work environments. Classic and recent articles and cases cover a broad spectrum of issues and concerns--from private ethical dilemmas to larger considerations of corporate values--and propose guidelines for thinking about the business world in a moral context. Each reading and case is followed by lively questions for discussion. <P><P>Offering a welcome alternative to the impersonal tone of most business ethics texts, the editors address students in an appealing and conversational manner. They provide engaging chapter introductions that include personal narratives and also present the ideas of great philosophers in a unique way--as emails. <P><P>Ideal for introductory undergraduate and MBA courses in business ethics, Honest Work: A Business Ethics Reader can be read as a coherent narrative but also offers instructors great flexibility, as its various chapters, readings, and cases can be pursued in almost any order. A Companion Website featuring chapter objectives and summaries, study questions, self-tests, and off-site links of interest will soon be available. An Instructor's Manual with Test Bank is available to adopters.
Hong Kong Competition Law: Comparative and Theoretical Perspectives
by Thomas K. Cheng Kelvin Hiu KwokThis is the first academic monograph on the new competition law in Hong Kong. It provides an overview of the historical background of the Competition Ordinance, highlighting the debate and the process that led to the adoption of the Ordinance. It offers detailed comparative and theoretical analysis of the key provisions of the Ordinance, focusing on the First Conduct Rule, the Second Conduct Rule, the exclusions and exemptions, and the procedural provisions. It draws on overseas legislation and jurisprudence that inspired the provisions in the Ordinance and incorporates a detailed examination of the latest cases decided by the Competition Tribunal. It engages in relevant academic debates and theoretical analysis of how competition law in Hong Kong should develop in light of its unique economic and political contexts. It concludes by setting forth of a set of recommendations for further reform.
Hong Kong Constitutionalism: The British Legacy and the Chinese Future (The Rule of Law in China and Comparative Perspectives)
by Richard CullenHong Kong is widely regarded as an exemplar of authoritarian jurisdictions with a positive history of adhering to Rule of Law–shaped governance systems. British Hong Kong provides a remarkable story of the effective development and consolidation of such a system, which has continued to apply since 1997, when it became the Hong Kong Special Administrative Region (HKSAR) within the People’s Republic of China (PRC). This book adopts a fresh approach in examining the evolution of Hong Kong’s political-legal experience. It establishes that these prominent governance achievements were built on particular British constitutional foundations forged over many centuries. The work shows how the analysis of the British theorist Albert Dicey and, in particular, “Diceyan Constitutionalism” was fundamental, within the pivotal context of “Chinese Familism”, in shaping the development of governance institutions and operational procedures within the new British Colony. It discusses how Hong Kong’s system of Authoritarian Legality has come to pass. Exploring the essence of that system, the study probes how thoroughly it has been stress-tested, not least in 2019, and how well it may be placed to cope with tests yet to come. It also analyzes Hong Kong–Beijing relations and the long-term prospects for the HKSAR within the PRC based on a balanced contemporary assessment of China’s exceptional One Party State.
The Hong Kong Legal System
by Stefan H. Lo Kevin Kwok-yin Cheng Wing Hong ChuiThis book provides an introduction to the legal system in Hong Kong. Understanding Hong Kong's legal system today requires both an understanding of the British origins of much of the laws and legal institutions as well as the uniquely Hong Kong developments in the application of the Basic Law under 'one country, two systems'. These features of the Hong Kong legal system are explored in this book, which takes into account developments in the two decades or so of the new legal framework in Hong Kong since the 1997 handover. In providing both an exposition of the legal institutions in Hong Kong and legal method under Hong Kong's legal system (including practical guidance and examples on case law, statutory interpretation and legal research), this book is ideal for first-year law students, students of other disciplines who study law and readers who have an interest in Hong Kong's unique legal system.
Hong Kong's Court of Final Appeal
by Simon N. M. Young Yash GhaiIn the years since it was established on 1 July 1997, Hong Kong's Court of Final Appeal has developed a distinctive body of new law and doctrine with the help of eminent foreign common law judges. Under the leadership of Chief Justice Andrew Li, it has also remained independent under Chinese sovereignty and become a model for other Asian final courts working to maintain the rule of law, judicial independence and professionalism in challenging political environments. In this book, leading practitioners, jurists and academics examine the Court's history, operation and jurisprudence, and provide a comparative analysis with European courts and China's other autonomous final court in Macau. It also makes use of extensive empirical data compiled from the jurisprudence to illuminate the Court's decision-making processes and identify the relative impacts of the foreign and local judges.
Hong Kong's Housing Policy - A Case Study in Social Justice
by Betty YungThis book examines housing policy in Hong Kong using a new and unique interdisciplinary approach - combining the philosophical discussion on social justice with policy and housing studies. It considers both Western and Chinese concepts of social justice,a
Hong Kong's Reunion with China: The Global Dimensions (Hong Kong Becoming China Ser.)
by Gerard A. Postiglione James Tuck-Hong TangThe issues surrounding Hong Kong's global position and international links grow increasingly complex by the day as the process of Hong Kong's transformation from a British colony to a Chinese Special Administration Region unfolds. This volume addresses a number of questions relating to this process. How international is Hong Kong? What are its global and international dimensions? How important are these dimensions to its continued success? How will these dimensions change, especially beyond the sphere of economics? Is Hong Kong's internationalization, defined in terms of its willingness to embrace international values and its capacity to maintain its international presence, at risk? These questions are presented as they pertain to the changing situation; relations between mainland China, Taiwan and Hong Kong; the positions of Australia, Canada and the United States on Hong Kong; internalization of international legal values; Americanization vs. Asianization; linkages to the world through Guangdong; strategies to emigrate overseas, cultural internationalization; media internationalization and universities within the global economy.
Hong Kong's Second Return to China: A Critical Discourse Study of the National Security Law and its Aftermath
by Jennifer EagletonThis book is a cross-disciplinary study, incorporating political science, law, and sociolinguistics in its examination of Hong Kong&’s National Security Law which has impacted many aspects of life in the city. Through a critical discourse analysis lens, it details the lead-up to the Law&’s introduction in 2020, a textual analysis of the Law itself, the &“selling&” the Law to the public, the accompanying electoral changes, the effect on civil society, and the discourse of dissidents in exile. It ends with speculation on what the future will bring to the so-called &“One Country, Two Systems&” as it goes forward. The book caters for the general reader, the university student, and seasoned academic who want to be informed about the changes in Hong Kong as it transitions to be more &“fully China&”. The book ultimately argues that the &“One Country, Two Systems&” experimental framework had always been problematic from both a rhetorical and ideological perspective.
Honor And Personhood In Early Modern Mexico
by Osvaldo F. PardoOsvaldo F. Pardo examines the early dissemination of European views on law and justice among Mexico s native peoples. Newly arrived from Spain in the sixteenth and seventeenth centuries, mendicant friars brought not only their faith in the authority of the Catholic Church but also their reverence of the monarchy. Drawing on a rich range of documents dating from this era including secular and ecclesiastical legislation, legal and religious treatises, bilingual catechisms, grammars on indigenous languages, historical accounts, and official reports and correspondence Pardo finds that honor, as well as related notions such as reputation, came to play a central role in shaping the lives and social relations of colonists and indigenous Mexicans alike. Following the application and adaptation of European ideas of justice and royal and religious power as they took hold in the New World, Pardo sheds light on the formation of colonial legalities and long-lasting views, both secular and sacred, that still inform attitudes toward authority in contemporary Mexican society. "
Honor and Revenge: A Theory of Punishment
by Whitley R.P. KaufmanThis book addresses the problem of justifying the institution of criminal punishment. It examines the "paradox of retribution": the fact that we cannot seem to reject the intuition that punishment is morally required, and yet we cannot (even after two thousand years of philosophical debate) find a morally legitimate basis for inflicting harm on wrongdoers. The book comes at a time when a new "abolitionist" movement has arisen, a movement that argues that we should give up the search for justification and accept that punishment is morally unjustifiable and should be discontinued immediately. This book, however, proposes a new approach to the retributive theory of punishment, arguing that it should be understood in its traditional formulation that has been long forgotten or dismissed: that punishment is essentially a defense of the honor of the victim. Properly understood, this can give us the possibility of a legitimate moral justification for the institution of punishment.
Honor-Based Violence: Policing and Prevention (Advances in Police Theory and Practice)
by Karl Anton Roberts Gerry Campbell Glen LloydHonor-based violence (HBV) is a crime committed to protect or defend the honor of a family and/or a community. It is usually triggered by the victim‘s behavior, which the family and/or community regards as causing offense or dishonor. HBV has existed for thousands of years but has only very recently become a focus of law enforcement, policy makers,
The Honor Code: How Moral Revolutions Happen
by Kwame Anthony Appiah"[Appiah's] work reveals the heart and sensitivity of a novelist. . . .Fascinating, erudite and beautifully written."--The New York Times Book Review In this groundbreaking work, Kwame Anthony Appiah, hailed as "one of the most relevant philosophers today" (New York Times Book Review), changes the way we understand human behavior and the way social reform is brought about. In brilliantly arguing that new democratic movements over the last century have not been driven by legislation from above, Appiah explores the end of the duel in aristocratic England, the tumultuous struggles over footbinding in nineteenth-century China, the uprising of ordinary people against Atlantic slavery, and the horrors of "honor killing" in contemporary Pakistan. Intertwining philosophy and historical narrative, he has created "a fascinating study of moral evolution" (Philadelphia Inquirer) that demonstrates the critical role honor plays a in the struggle against man's inhumanity to man.
The Honor Code: How Moral Revolutions Happen
by Kwame Anthony AppiahA leading philosopher demonstrates the revolutionary power of honor in ending human suffering.
Honor, Politics, and the Law in Imperial Germany, 1871-1914
by Ann GoldbergHonor in nineteenth-century Germany is usually thought of as an anachronistic aristocratic tradition confined to the duelling elites. In this innovative study Ann Goldberg shows instead how it pervaded all aspects of German life and how, during an era of rapid modernization, it was adapted and incorporated into the modern state, industrial capitalism, and mass politics. In business, state administration, politics, labor relations, gender and racial matters, Germans contested questions of honor in an explosion of defamation litigation. Dr Goldberg surveys court cases, newspaper reportage, and parliamentary debates, exploring the conflicts of daily life and the intense politicization of libel jurisprudence in an era when an authoritarian state faced off against groups and individuals from 'below' claiming new citizenship rights around a democratized notion of honor and law. Her fascinating account provides a nuanced and important new understanding of the political, legal and social history of imperial Germany.
Honor, Status, and Law in Modern Latin America
by Sueann Caulfield Sarah C. Chambers Lara PutnamThis collection brings together recent scholarship that examines how understandings of honor changed in Latin America between political independence in the early nineteenth century and the rise of nationalist challenges to liberalism in the 1930s. These rich historical case studies reveal the uneven processes through which ideas of honor and status came to depend more on achievements such as education and employment and less on the birthright privileges that were the mainstays of honor during the colonial period. Whether considering court battles over lost virginity or police conflicts with prostitutes, vagrants, and the poor over public decorum, the contributors illuminate shifting ideas about public and private spheres, changing conceptions of race, the growing intervention of the state in defining and arbitrating individual reputations, and the enduring role of patriarchy in apportioning both honor and legal rights. Each essay examines honor in the context of specific historical processes, including early republican nation-building in Peru; the transformation in Mexican villages of the cargo system, by which men rose in rank through service to the community; the abolition of slavery in Rio de Janeiro; the growth of local commerce and shifts in women's status in highland Bolivia; the formation of a multiethnic society on Costa Rica's Caribbean coast; and the development of nationalist cultural responses to U. S. colonialism in Puerto Rico. By connecting liberal projects that aimed to modernize law and society with popular understandings of honor and status, this volume sheds new light on broad changes and continuities in Latin America over the course of the long nineteenth century. Contributors. Jos Amador de Jesus, Rossana Barragn, Sueann Caulfield, Sidney Chalhoub, Sarah C. Chambers, Eileen J. Findley, Brodwyn Fischer, Olvia Maria Gomes da Cunha, Laura Gotkowitz, Keila Grinberg, Peter Guardino, Cristiana Schettini Pereira, Lara Elizabeth Putnam
The Honorable Merchant – Between Modesty and Risk-Taking: Intercultural and Literary Aspects (Ethical Economy #56)
by Christoph Lütge Christoph StrosetzkiThis volume explores the concept of the honest merchant, taking a broad perspective and covering a wide range of aspects. It looks at the different types of “honest merchant” conceptions originating from different cultures and literary traditions. The book covers Japanese, Islamic, Scandinavian, Russian, German, Spanish, as well as other aspects, and studies different disciplinary backgrounds of the honest merchant, such as philosophical, economic, neuroethical, sociological and literary ones.The concept of the honest merchant has a long tradition in business ethics. In the Hanseatic League and in medieval Italy, the ideal of the honest businessman was taught since the late Middle Ages. It originated during a time when travelling merchants were often regarded with a sceptical eye. The honest merchants of their time however held clear principles in their business and took responsibility for their community. In later times, the religious notions of the concept lost their pivotal place to reason and morality. This book goes beyond the tradition of discussing business ethics in association with concepts from the Hanseatic League and medieval Italy, and puts the central concept of business ethics in a much greater perspective.
Honorary Protestants
by David Fraser The Osgoode SocietyWhen the Constitution Act of 1867 was enacted, section 93 guaranteed certain educational rights to Catholics and Protestants in Quebec, but not to any others. Over the course of the next century, the Jewish community in Montreal carved out an often tenuous arrangement for public schooling as "honorary Protestants," based on complex negotiations with the Protestant and Catholic school boards, the provincial government, and individual municipalities. In the face of the constitution's exclusionary language, all parties gave their compromise a legal form which was frankly unconstitutional, but unavoidable if Jewish children were to have access to public schools. Bargaining in the shadow of the law, they made their own constitution long before the formal constitutional amendment of 1997 finally put an end to the issue.In Honorary Protestants, David Fraser presents the first legal history of the Jewish school question in Montreal. Based on extensive archival research, it highlights the complex evolution of concepts of rights, citizenship, and identity, negotiated outside the strict legal boundaries of the constitution.
Honour Based Crimes and the Law: Defining the Limits of Honour Based Violence and Abuse
by Mukaddes GorarHonour based violence and abuse manifests itself in different forms, and this book offers a comprehensive understanding of this phenomenon. This book argues that the limits of honour crimes must be defined more widely so that they include conducts and behaviours that originate from the patriarchal notion of honour, such as honour based oppression and breast ironing. The book provides a critical analysis and synthesis of the law in England and Wales and in the international human rights sphere. The relevant domestic legislation and cases are examined to reflect on whether adequate protection is provided for the victims and potential victims of honour based violence and abuse. Since honour based violence is a violation of human rights, the relevant international human rights law is examined to illustrate the perception of such crimes in the international arena. The effectiveness of any remedy for victims of honour based violence and abuse depends on its capability to change deep rooted behaviours in communities with honour based patriarchal values. This book argues that the law does not provide the effective impact required, in part due to patriarchal structures, and that more efforts should be dedicated to changes in education. It is held that there is a need for an educational programme that is especially designed to tackle violence and promote gender equality. The book will be essential reading for academics, researchers and policy-makers working in the areas of Human Rights Law, Criminal Law and Gender Studies.
Honour-Based Violence and Forced Marriages: Community and Restorative Practices in Europe (Law, Crime and Culture)
by Clara RigoniIn the last 20 years, the related phenomena of honour-based violence and forced marriages have received increasing attention at the international and European level. Punitive responses towards this type of violence have been adopted, including ad hoc criminalisation and legislation containing direct references to the concepts of honour, culture, and tradition. However, criminal law-based responses present several shortcomings and have often disregarded the specific needs that victims of such crimes might encounter. This book examines the possibility of using alternative programmes to address cases of honour-based violence and forced marriages. After reviewing previous existing literature, it presents new empirical data. Introducing a case study from the United Kingdom, the book recalls the debate on Sharia Councils and the Muslim Arbitration Tribunal, but examines instead other community-based secular programmes. By comparison, a study from Norway on the work of the National Mediation Agency and the so-called Cross-Cultural Transformative Mediation model is investigated as part of a larger multi-agency approach. Ultimately, in an attempt to reconcile pluralism and the rule of law, the book proposes effective ways to tackle honour crimes based on cooperation and individualisation of the proceedings, and capable of improving women’s access to justice and reducing secondary victimisation. The book will be essential reading for researchers and academics in Law, Criminology, Sociology, and Anthropology and for policy-makers and practitioners working with honour-based violence cases.
'Honour' Killing and Violence: Theory, Policy and Practice
by Aisha K. Gill Carolyn Strange Karl RobertsIn this interdisciplinary collection leading experts and scholars from criminology, psychology, law and history provide a compelling analysis of practices and beliefs that lead to violence against women, men and children in the name 'honour'.
Honour Killings and Criminal Justice: Social and Legal Challenges in Turkey
by Ferya Taş-ÇifçiDespite recent reforms to the Turkish Penal Code, the country retains a high level of honour-based violence. This book analyses the motives behind honour-based violence in Turkey and examines the criminal justice system’s approach to this type of crime. The work takes a socio-legal approach to explore the concepts of honour, patriarchy, and hierarchy, along with the roles of culture and tradition. It also examines how the legal system deals with this phenomenon, focusing on the decisions of the criminal courts in honour killing cases and drawing on prisoner interviews. These analyses show the extent to which the State follows a patriarchal approach when dealing with honour killings and inform recommendations for improving the legal and criminal justice system so as to deter crimes of this nature.
Honour, Violence, Women and Islam
by Mohammad Mazher IdrissWhy are honour killings and honour-related violence (HRV) so important to understand? What do such crimes represent? And how does HRV fit in with Western views and perceptions of Islam? This distinctively comparative collection examines the concept of HRV against women in general and Muslim women in particular. The issue of HRV has become a sensitive subject in many South Asian and Middle Eastern countries and it has received the growing attention of the media, human rights groups and academics around the globe. However, the issue has yet to receive detailed academic study in the United Kingdom, particularly in terms of both legal and sociological research. This collection sets out the theoretical and ethical parameters of the study of HRV in order to address this intellectual vacuum in a socio-legal context. The key objectives of this book are: to construct, and to develop further, a theory of HRV; to rationalise and characterise the different forms of HRV; to investigate the role of religion, race and class in society within this context, in particular, the role of Islam; to scrutinise the role of the civil/criminal law/justice systems in preventing these crimes; and to inform public policy-makers of the potential policies that may be employed in combating HRV.