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The Lighthouse Function of Social Law: Proceedings of the ISLSSL XIV European Regional Congress Ghent 2023
by Yves JorensThis is the conference book for the XIV European Regional Congress of the International Society for Labour and Social Security Law, dedicated to the interactions between social law and other areas of law. In recent years, labour law and social security law have been subject to various reforms and developments. Social law is however not an isolated domain but rather interacts with other fields, often even functioning as a guide or giving direction to those lost at sea. In other words: serving as a lighthouse. The key aspect addressed in this book is the existence of a connection between social law sensu stricto (labour law and social security law) and other areas of law. Pursuing an inter- and multidisciplinary approach, it gathers contributions on topical and challenging issues in four broad areas: 1. Basic and fundamental principles of European social law 2. The future in the light of the past 3. The impact of regionalisation 4. Enforcement in social law In turn, various developments can be identified in connection with these topics: the emergence of social criminal law is creating new overlaps between social and criminal law; the growing number of administrative law sanctions offers new insights into and connections between social security law and administrative law; the increasing similarity of employment in the public and private sectors raises questions about the applicability of administrative law in labour law relations; the relation between the ECHR and the articles of the Constitution opens up new perspectives on the constitutional interpretation of freedoms and on the interaction between human rights, constitutional law and social law; and lastly, there is a growing influence of EU law and international treaty law (concerning trade) on social law. Can we, by looking at these developments, draw certain conclusions at a different and innovative level? The contributions were selected by an international working group of distinguished scholars from across Europe.
Lightning Down: A World War II Story of Survival
by Tom ClavinAn American fighter pilot doomed to die in Buchenwald but determined to survive.On August 13, 1944, Joe Moser set off on his forty-fourth combat mission over occupied France. Soon, he would join almost 170 other Allied airmen as prisoners in Buchenwald, one of the most notorious and deadly of Nazi concentration camps. Tom Clavin's Lightning Down tells this largely untold and riveting true story.Moser was just twenty-two years old, a farm boy from Washington State who fell in love with flying. During the War he realized his dream of piloting a P-38 Lightning, one of the most effective weapons the Army Air Corps had against the powerful German Luftwaffe. But on that hot August morning he had to bail out of his damaged, burning plane. Captured immediately, Moser’s journey into hell began.Moser and his courageous comrades from England, Canada, New Zealand, and elsewhere endured the most horrific conditions during their imprisonment... until the day the orders were issued by Hitler himself to execute them. Only a most desperate plan would save them.The page-turning momentum of Lightning Down is like that of a thriller, but the stories of imprisoned and brutalized airmen are true and told in unforgettable detail, led by the distinctly American voice of Joe Moser, who prays every day to be reunited with his family.Lightning Down is a can’t-put-it-down inspiring saga of brave men confronting great evil and great odds against survival.
Lightning Flowers: My Journey to Uncover the Cost of Saving a Life
by Katherine E. StandeferLightning Flowers weighs the impact modern medical technology has had on the author's life against the social and environmental costs inevitably incurred by the mining that makes such innovation possible — &“utterly spectacular.&” (Rachel Louise Snyder, author of No Visible Bruises) What if a lifesaving medical device causes loss of life along its supply chain? That's the question Katherine E. Standefer finds herself asking one night after being suddenly shocked by her implanted cardiac defibrillator. In this gripping, intimate memoir about health, illness, and the invisible reverberating effects of our medical system, Standefer recounts the astonishing true story of the rare diagnosis that upended her rugged life in the mountains of Wyoming and sent her tumbling into a fraught maze of cardiology units, dramatic surgeries, and slow, painful recoveries. As her life increasingly comes to revolve around the internal defibrillator freshly wired into her heart, she becomes consumed with questions about the supply chain that allows such an ostensibly miraculous device to exist. So she sets out to trace its materials back to their roots. From the sterile labs of a medical device manufacturer in southern California to the tantalum and tin mines seized by armed groups in the Democratic Republic of the Congo to a nickel and cobalt mine carved out of endemic Madagascar jungle, Lightning Flowers takes us on a global reckoning with the social and environmental costs of a technology that promises to be lifesaving but is, in fact, much more complicated. Deeply personal and sharply reported, Lightning Flowers takes a hard look at technological mythos, healthcare, and our cultural relationship to medical technology, raising important questions about our obligations to one another, and the cost of saving one life.
Like a Mighty Stream: The March on Washington, August 28, 1963
by Patrik Henry BassThe March on Washington for Jobs and Freedom, held in the nation's capital on August 28, 1963, is recognized as a watershed moment in American history. It was epochal; one of the most significant events of the 20th century. The New York Times called the March "the greatest assembly ever seen." No public event before or since has had the social, cultural or political impact of The March on Washington for Jobs and Freedom. ... This is a retrospective illumination of the events that led to the March. The book zeroes in on the leaders who made it happen, and explores the impact it had on the people who attended. ... Bass integrates the remembrances of everyday and extraordinary Americans who attended, including NPR correspondent Vertamae Grosvenor, Georgia representative Nan Grogan Orrock, and 60 Minutes correspondent Ed Bradley, Jr. Their memories of the day widely differ. Some recall the day as one of the hottest of their lives; others thought it was a mild summer day. There are varying accounts of how many people attended, and there are differences about the progress that was and has been made... Where they agree is that this was one of the greatest days in American history: an unparalleled celebration of humanity and hope.
Likely To Die (Alexandra Cooper #2)
by Linda FairsteinAlexandra Cooper, Manhattan's top sex crimes prosecutor, is brought into what promises to be a messy case. Gemma Dogen was found in her own office in a New York hospital sexually assaulted, soaked in her own blood and considered likely to die before she can be moved to the emergency room.Alex combs through her files for murders with similar modus operandi, while Mike Chapman and the other detectives concentrate on possible motives amongst her friends and colleagues - many of whom had found Gemma a professional thorn in their sides.Two facts rapidly become apparent: the hospital itself is far from secure; and someone believes that Alex has discovered something far too damaging for them to let her live...
Lily Briscoe
by Mary MeigsTaking as her alter-ego Lily Briscoe - the painter in Woolf's To the Lighthouse - Mary Meigs portrays herself, her family, and her friends in Lily Briscoe: A Self-Portrait, a book that is both autobiography and memoir. She describes the three major decisions of her life: "not to marry, to be an artist," and to listen to her "own voices."
Liminal Lives: Imagining the Human at the Frontiers of Biomedicine
by Susan Merrill SquierEmbryo adoptions, stem cells capable of transforming into any cell in the human body, intra- and inter-species organ transplantation--these and other biomedical advances have unsettled ideas of what it means to be human, of when life begins and ends. In the first study to consider the cultural impact of the medical transformation of the entire human life span, Susan Merrill Squier argues that fiction--particularly science fiction--serves as a space where worries about ethically and socially charged scientific procedures are worked through. Indeed, she demonstrates that in many instances fiction has anticipated and paved the way for far-reaching biomedical changes. Squier uses the anthropological concept of liminality--the state of being on the threshold of change, no longer one thing yet not quite another--to explore how, from the early twentieth century forward, fiction and science together have altered not only the concept of the human being but the contours of human life. Drawing on archival materials of twentieth-century biology; little-known works of fiction and science fiction; and twentieth- and twenty-first century U. S. and U. K. government reports by the National Institutes of Health, the Parliamentary Advisory Group on the Ethics of Xenotransplantation, and the President's Council on Bioethics, she examines a number of biomedical changes as each was portrayed by scientists, social scientists, and authors of fiction and poetry. Among the scientific developments she considers are the cultured cell, the hybrid embryo, the engineered intrauterine fetus, the child treated with human growth hormone, the process of organ transplantation, and the elderly person rejuvenated by hormone replacement therapy or other artificial means. Squier shows that in the midst of new phenomena such as these, literature helps us imagine new ways of living. It allows us to reflect on the possibilities and perils of our liminal lives.
Limitation of Liability for Maritime Claims
by Patrick Griggs Richard Williams Jeremy FarrThis fourth edition addresses certain developments, including the 1996 Protocol to the 1976 Limitation Convention, which have come into effect since publication of the previous edition. The chapters on limitation of liability for passenger claims and in relation to the carriage of goods have been updated, as has the chapter on limitation regimes worldwide. The book also focuses upon the practicalities of seeking to limit by reference to case law and procedural rules.
Limitation of Liability in International Maritime Conventions: The Relationship between Global Limitation Conventions and Particular Liability Regimes (IMLI Studies in International Maritime Law)
by Norman A. Martínez GutiérrezLimitation of liability for maritime claims is a concept of respectable antiquity which is now deeply entrenched in the maritime industry. Under this concept, the shipowner is entitled to limit his liability for maritime claims up to a maximum sum regardless of the actual amount of the claims. The concept of limitation of liability has been adopted by many conventions ranging from those relating to the carriage of goods by sea, carriage of passengers and their luggage by sea, liability and compensation for pollution damage, to liability for the removal of wrecks. Each of these conventions has its own approach to limitation of liability. However, these particular liability regimes share the international arena with global limitation conventions such as the 1976 Convention on Limitation of Liability for Maritime Claims and the 1996 Protocol thereto. This book approaches limitation of liability from an international perspective looking at a number of key conventions including the global limitation conventions, the conventions relating to the carriage of passengers and their luggage by sea (1974 Athens Convention relating to the Carriage of Passengers and Their Luggage by Sea and the 2002 Protocol thereto), conventions relating to liability and compensation for pollution damage (1969 International Convention on Civil Liability for Oil Pollution Damage and the 1992 Protocol thereto, the 1996 International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea and the 2010 Protocol thereto, and the 2001 International Convention on Civil Liability for Bunker Oil Pollution Damage), as well as the 2007 Nairobi International Convention on the Removal of Wrecks. Each chapter of this book sets out to analyze provisions in the conventions which have proved to be controversial and subject to debate by courts and authors, as well as the relationship between the limitation provisions in claim specific liability conventions and in the global limitation conventions. Particular attention is also given to the persons entitled to limit liability, ships in respect of which liability can be limited, claims subject to limitation, claims excepted from limitation, basis of liability (where applicable), loss of the right to limit, and the limits of liability. Limitation of Liability in International Maritime Conventions is of interest to academics and practicing lawyers who wish to understand the intricacies of the law of limitation.
Limitations
by Scott TurowFrom the #1 New York Times bestselling author of Presumed Innocent comes a compelling new legal mystery featuring George Mason from Personal Injuries. Originally commissioned and published in the New York Times Magazine, this edition contains additional material. Life would seem to have gone well for George Mason. His days as a criminal defense lawyer are long behind him. At fifty-nine, he has sat as a judge on the Court of Appeals in Kindle County for nearly a decade. Yet, when a disturbing rape case is brought before him, the judge begins to question the very nature of the law and his role within it. What is troubling George Mason so deeply? Is it his wife's recent diagnosis? Or the strange and threatening emails he has started to receive? And what is it about this horrific case of sexual assault, now on trial in his courtroom, that has led him to question his fitness to judge? In Limitations, Scott Turow, the master of the legal thriller, returns to Kindle County with a page-turning entertainment that asks the biggest questions of all. Ingeniously, and with great economy of style, Turow probes the limitations not only of the law but of human understanding itself.
Limited Boxed Set: Bill Gates, Big Pharma, and the Global War on Democracy and Public Health (Children’s Health Defense)
by Robert F. Kennedy Jr.#1 on AMAZON, and a NEW YORK TIMES, WALL STREET JOURNAL, USA TODAY and PUBLISHERS WEEKLY NATIONAL BESTSELLERPharma-funded mainstream media has convinced millions of Americans that Dr. Anthony Fauci is a hero. He is anything but.As director of the National Institute of Allergy and Infectious Diseases (NIAID), Dr. Anthony Fauci dispenses $6.1 billion in annual taxpayer-provided funding for scientific research, allowing him to dictate the subject, content, and outcome of scientific health research across the globe. Fauci uses the financial clout at his disposal to wield extraordinary influence over hospitals, universities, journals, and thousands of influential doctors and scientists—whose careers and institutions he has the power to ruin, advance, or reward. During more than a year of painstaking and meticulous research, Robert F. Kennedy Jr. unearthed a shocking story that obliterates media spin on Dr. Fauci . . . and that will alarm every American—Democrat or Republican—who cares about democracy, our Constitution, and the future of our children&’s health. The Real Anthony Fauci reveals how &“America&’s Doctor&” launched his career during the early AIDS crisis by partnering with pharmaceutical companies to sabotage safe and effective off-patent therapeutic treatments for AIDS. Fauci orchestrated fraudulent studies, and then pressured US Food and Drug Administration (FDA) regulators into approving a deadly chemotherapy treatment he had good reason to know was worthless against AIDS. Fauci repeatedly violated federal laws to allow his Pharma partners to use impoverished and dark-skinned children as lab rats in deadly experiments with toxic AIDS and cancer chemotherapies. In early 2000, Fauci shook hands with Bill Gates in the library of Gates&’ $147 million Seattle mansion, cementing a partnership that would aim to control an increasingly profitable $60 billion global vaccine enterprise with unlimited growth potential. Through funding leverage and carefully cultivated personal relationships with heads of state and leading media and social media institutions, the Pharma-Fauci-Gates alliance exercises dominion over global health policy. The Real Anthony Fauci details how Fauci, Gates, and their cohorts use their control of media outlets, scientific journals, key government and quasi-governmental agencies, global intelligence agencies, and influential scientists and physicians to flood the public with fearful propaganda about COVID-19 virulence and pathogenesis, and to muzzle debate and ruthlessly censor dissent.
Limited Liability Companies For Dummies
by Jennifer ReutingThere’s no better time than now to start a new business and tap into the power of the LLC LLCs For Dummies is your comprehensive guide to limited liability companies. You’ll explore whether an LLC is the right business structure for your business, how to set up a corporate structure and membership, and the best ways of managing an LLC. Author Jennifer Reuting explains the pros and cons of LLCs and shares insider tips on choosing members, selecting a company name, creating and filing Articles of Organization, managing day-to-day operations, and beyond. This updated edition covers all the latest tax and regulatory information, plus new laws that make it more attractive than ever to start your own business. You’ll also find real-world advice on customizing your LLC for your specific business needs, creating a great operating agreement, keeping accurate records, and filing the proper paperwork with Uncle Sam. Learn to start a new business by founding a limited liability company (LLC) Get a handle on the differences between LLCs and other business structures, including state-specific tips Keep up on the latest information on federal taxes, regulations, and fees Discover online tools, new documents and forms, and helpful resourcesAnyone who wants to learn the best practices of LLC formation, management, and long-term growth will love this beginner-friendly Dummies guide.
The Limited Liability Company
by Pamela Nollkamper Phillip JelsmaLLC Forms and Answers For guidance on efficiently forming and expertly advising LLCs, turn to James L. Leet, James Clarke, and Pamela Nollkamper's The Limited Liability Company. You will find the book and free Digital Access filled with practical advice, hundreds of reproducible forms, tax consideration, state-by-state analysis, and more: Forms * Pre-formation checklists; mandatory state articles of organization, with alternative provisions; state default rules; sample operating agreements, with opt-in features checklist and drafting outline; buy-sell agreements * Procedures and issues * Mandated articles of organization; filing procedures; all statutory requirements; and more... Now you can efficiently form LLCs custom-tailored to a variety of purposes, and provide quick answers to a wide range of client LLC questions with The Limited Liability Company. The Limited Liability Company provides complete materials for every state - all statutory requirements and forms: * Content permitted in articles of organization and operating agreements * Name reservation, filing and other formation procedures and fees Drafting checklists and digitized forms allow you to quickly create customized formation documents. Numerous alternative article provisions are also provided: management, committees, transfers, members, voting, notice, operating, arbitration, merger, share exchange, consolidation, and more. Also provided are model operating agreements and buy-sell agreements, both with alternate provisions and drafting outlines. Detailed Tax Guidance A comprehensive tax chapter addresses the most troublesome taxation issues you will encounter with LLCs. * Artful drafting can avoid many governance challenges, since many common LLC problems are both foreseeable and preventable. The Limited Liability Company provides drafting advice and alternate clauses to help avoid abuse by majority owners, operational deadlock, divorce of member, discharge of minority owners, unfair distribution of profits, withdrawal of members, mergers and acquisitions, and more. Key Issues and Procedures To help you traverse other difficult areas, The Limited Liability Company provides detailed discussions, step-by-step procedures, digitized forms, and citations to controlling authority. *
Limited Scope Legal Services: Unbundling and the Self-Help Client
by Stephanie L. KimbroBy providing representation for a clearly defined portion of the client's legal needs, such as preparing a legal document or making limited court appearances, lawyers can market their practice to an entirely new client base and give their firm a competitive advantage. The only book available on the topic, Limited Scope Legal Services provides lawyers of all types--from solo to big law--with practical solutions for setting up unbundling practices in their firms.
The Limits and Lies of Human Genetic Research: Dangers For Social Policy (Reflective Bioethics)
by Jonathan Michael KaplanIn The Limits and Lies of Human Genetic Research, Jonathan Kaplan weighs in on the controversial subject of the roles genes play in determining aspects of physical and behavioral human variation. Limits and Lies makes the case that neither the information we have on genes, nor on the environment, is sufficient to explain the complex variations among humans.
The Limits and Logic of Agency Theory in Company Law (Routledge Research in Corporate Law)
by Jonathan HardmanAgency theory is ubiquitous in company law. This book explores (a) the limits of such deployment, and (b) the logic of how to deploy it.The book makes five linked arguments in respect of the limits of agency theory in company law. First, it argues that agency theory has become so broad that it can be used to analyse most human relationships. Such breadth, though, comes at the expense of legal clarity: as agency relationships cover such a broad range of relationships, there are no normative legal conclusions that can be drawn merely from identifying such a relationship. Second, it argues that we need to differentiate more specific concepts with clearer legal implications, such as externalities, and the particular manifestation of moral hazard that appears in insurance dynamics. Third, it argues that considerable amounts of existing company law theory - which is ostensibly built from agency theory - is in fact based on a series of hidden value judgments at each stage of the analysis. Fourth, it argues that company law theory should use agency theory less to rebalance the discipline: agency theory has become hegemonic, which is dangerous for the discipline, obscures company law’s role in establishing incentives, undermines accountability, and reduces company law’s autonomy.The book then moves to the logic of agency theory and makes three arguments. First, it argues that we need to factor in the company, only apply agency theory to voluntary interactions, and foreground our value judgments when identifying agency relations to do it properly. Second, it argues that it is rational to incur agency costs when we perceive the benefits of doing so to outweigh the costs, meaning that agency costs can be facilitative and we should look to front-end them rather than universally minimise them. Third, it argues that this needs to be undertaken through mandatory laws.Exploring the external limits and internal logic of agency cost analysis, this book will be of interest to academics, students, and researchers of corporate and company law.
The Limits of Blame: Rethinking Punishment and Responsibility
by Erin I. KellyFaith in the power and righteousness of retribution has taken over the American criminal justice system. Approaching punishment and responsibility from a philosophical perspective, Erin Kelly challenges the moralism behind harsh treatment of criminal offenders and calls into question our society’s commitment to mass incarceration.
The Limits of Bodily Integrity: Abortion, Adultery, and Rape Legislation in Comparative Perspective (Law, Justice And Power Ser.)
by Ruth A. MillerThis volume argues that legislation on abortion, adultery, and rape has been central to the formation of the modern citizen. The author draws on rights literature, bio-political scholarship, and a gender-studies perspective as a foundation for rethinking the sovereign relationship. In approaching the politicization of reproductive space from this direction, the study resituates the role of rights and rights-granting within the sovereign relationship. A second theme running throughout the book explores the international implications of these arguments and addresses the role of abortion, adultery and rape legislation in constructing 'civilizational' relationships. In focusing on the Ottoman Empire, Turkey, France and Italy as case studies, Miller presents a discussion of what 'Europe' is, and the role of sexuality and reproduction in defining it.
The Limits of Constitutional Democracy (The University Center for Human Values Series #37)
by Jeffrey K. Tulis Stephen MacedoConstitutional democracy is at once a flourishing idea filled with optimism and promise--and an enterprise fraught with limitations. Uncovering the reasons for this ambivalence, this book looks at the difficulties of constitutional democracy, and reexamines fundamental questions: What is constitutional democracy? When does it succeed or fail? Can constitutional democracies conduct war? Can they preserve their values and institutions while addressing new forms of global interdependence? The authors gathered here interrogate constitutional democracy's meaning in order to illuminate its future. The book examines key themes--the issues of constitutional failure; the problem of emergency power and whether constitutions should be suspended when emergencies arise; the dilemmas faced when constitutions provide and restrict executive power during wartime; and whether constitutions can adapt to such globalization challenges as immigration, religious resurgence, and nuclear arms proliferation. In addition to the editors, the contributors are Sotirios Barber, Joseph Bessette, Mark Brandon, Daniel Deudney, Christopher Eisgruber, James Fleming, William Harris II, Ran Hirschl, Gary Jacobsohn, Benjamin Kleinerman, Jan-Werner Müller, Kim Scheppele, Rogers Smith, Adrian Vermeule, and Mariah Zeisberg.
The Limits of Criminal Law: A Comparative Analysis of Approaches to Legal Theorizing (International And Comparative Criminal Justice Ser.)
by Carl Constantin LauterweinThis book compares the civil and common law approach to analyze the question - 'What sorts of conduct may the state legitimately make criminal?'. Through a comparative focus on an Australian and German context, this book utilizes interviews with Australian criminal law experts and contrasts them with the German model based on 'Rechtsgutstheorie'. By comparing the largely descriptive, criminology-based Australian approach with the more sophisticated German legal theory model the author finds the Australian approach to be suffering from a 'normative flaw', illustrated by the distinction of different approaches to the offences of incest, bestiality and possession of illicit drugs. Carl Constantin Lauterwein discovers that while there is strength in the common law approach of describing the possible reasons for criminalizing certain conduct, the approach could be significantly improved by scrutinizing the legitimacy of those reasons.
The Limits of Criminological Positivism: The Movement for Criminal Law Reform in the West, 1870-1940 (Routledge SOLON Explorations in Crime and Criminal Justice Histories)
by Michele PifferiThe Limits of Criminological Positivism: The Movement for Criminal Law Reform in the West, 1870-1940 presents the first major study of the limits of criminological positivism in the West and establishes the subject as a field of interest. The volume will explore those limits and bring to life the resulting doctrinal, procedural, and institutional compromises of the early twentieth century that might be said to have defined modern criminal justice administration. The book examines the topic not only in North America and western Europe, with essays on Italy, Germany, France, Spain, the United Kingdom, Belgium, and Finland but also the reception and implementation of positivist ideas in Brazil. In doing so, it explores three comparative elements: (1) the differing national experiences within the civil law world; (2) differences and similarities between civil law and common law regimes; and (3) some differences between the two leading common-law countries. It interrogates many key aspects of current penal systems, such as the impact of extra-legal scientific knowledge on criminal law, preventive detention, the ‘dual-track’ system with both traditional punishment and novel measures of security, the assessment of offenders’ dangerousness, juvenile justice, and the indeterminate sentence. As a result, this study contributes to a critical understanding of some inherent contradictions characterizing criminal justice in contemporary western societies. Written in a straight-forward and direct manner, this volume will be of great interest to academics and students researching historical criminology, philosophy, political science, and legal history.
The Limits of Freedom of Contract
by Michael J. TrebilcockOur legal system is committed to the idea that private markets and the law of contracts that supports them are the primary institutions for allocating goods and services in a modern economy. Yet the market paradigm, this book argues, leaves substantial room for challenge.
The Limits of Law and Development: Neoliberalism, Governance and Social Justice (Law, Development and Globalization)
by Sam Adelman Abdul PaliwalaThe book examines the well-established field of ‘law and development’ and asks whether the concept of development and discourses on law and development have outlived their usefulness.The contributors ask whether instead of these amorphous and contested concepts we should focus upon social injustices such as patriarchy, impoverishment, human rights violations, the exploitation of indigenous peoples, and global heating? If we abandoned the idea of development, would we end up adopting another, equally problematic term to replace a concept which, for all its flaws, serves as a commonly understood shorthand? The contributors analyse the links between conventional academic approaches to law and development, neoliberal governance and activism through historical and contemporary case studies.The book will be of interest to students and scholars of development, international law, international economic law, governance and politics and international relations.
The Limits of Legal Reasoning and the European Court of Justice
by Gerard ConwayThe European Court of Justice is widely acknowledged to have played a fundamental role in developing the constitutional law of the EU, having been the first to establish such key doctrines as direct effect, supremacy and parallelism in external relations. Traditionally, EU scholarship has praised the role of the ECJ, with more critical perspectives being given little voice in mainstream EU studies. From the standpoint of legal reasoning, Gerard Conway offers the first sustained critical assessment of how the ECJ engages in its function and offers a new argument as to how it should engage in legal reasoning. He also explains how different approaches to legal reasoning can fundamentally change the outcome of case law and how the constitutional values of the EU justify a different approach to the dominant method of the ECJ.
The Limits of Moral Obligation: Moral Demandingness and Ought Implies Can (Routledge Studies in Ethics and Moral Theory)
by Marcel Van Ackeren Michael KühlerThis volume responds to the growing interest in finding explanations for why moral claims may lose their validity based on what they ask of their addressees. Two main ideas relate to that question: the moral demandingness objection and the principle "ought implies can." Though both of these ideas can be understood to provide an answer to the same question, they have usually been discussed separately in the philosophical literature. The aim of this collection is to provide a focused and comprehensive discussion of these two ideas and the ways in which they relate to one another, and to take a closer look at the consequences for the limits of moral normativity in general. Chapters engage with contemporary discussions surrounding "ought implies can" as well as current debates on moral demandingness, and argue that applying the moral demandingness objection to the entire range of normative ethical theories also calls for an analysis of its (metaethical) presuppositions. The contributions to this volume are at the leading edge of ethical theory, and have implications for moral theorists, philosophers of action, and those working in metaethics, theoretical ethics and applied ethics.