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The Problem of Enforcement in International Law: Countermeasures, the Non-Injured State and the Idea of International Community (Routledge Research in International Law)
by Elena Katselli ProukakiThis book explores the contentious topic of how collective and community issues should be protected and enforced in international law. Elena Katselli Proukaki takes a detailed look at the issue of third-State countermeasures, and considers the work the International Law Commission has done in this area. The volume addresses both the theory and practice of third-State countermeasures within international law. Critically reviewing the conclusions of the International Law Commission on the non-existence of a right to third-State countermeasures, it includes consideration of examples of State practice not previously covered in the literature of this topic. In taking a thorough view of the issues involved the author identifies concerns about third-State countermeasures which remain unanswered, and considers the possible legal ramifications arising from a clash between a right to third-State countermeasures and obligations arising from other international norms. The Problem of Enforcement in International Law explores questions evolving around the nature, integrity and effectiveness of international law and the role it is called to play in a contemporary context. This book is of great interest and value not only for specialists in this area of international law, but also human rights, trade and EU lawyers, practitioners, legal advisers, and students.
The Problem of Evil: The Challenge to Essential Christian Beliefs
by Jeremy EvansThis book offers a comprehensive examination of the problem of evil from both technical and ministerial perspectives. Author and acclaimed philosophy professor Jeremy A. Evans treats the history of the problem with fairness, looking at it through contemporary philosophical literature and offering responses to the most substantive arguments from evil. His purpose is to provide holistic responses to the problem of evil that are philosophically and theologically maintainable. Among the chapters are “Introduction to the Problem of Evil,” “The Logical Problem of Evil,” “The Evidential Problem of Evil,” “The Problem of Hell,” “The Problem of Divine Hiddenness,” “The Defeat of Evil,” “Moral Evil: Comparing Theism and Naturalism,” and “Evil and the Worship Worthiness of God.”
Problem Of Evil: Vol 1 (Studies In Ethics And The Philosophy Of Religion)
by M. B. AhernFirst published in 2003. Routledge is an imprint of Taylor & Francis, an informa company.
The Problem of Race in the Twenty-First Century
by Thomas C. HoltThis brief book speaks powerfully to the question of how the circumstances of race and racism have changed in our time--and how these changes will affect our future. Foremost among the book's concerns are the contradictions and incoherence of a system that idealizes black celebrities in politics, popular culture, and sports even as it diminishes the average African-American citizen. The world of the assembly line, boxer Jack Johnson's career, and The Birth of a Nation come under Holt's scrutiny as he relates the malign progress of race and racism to the loss of industrial jobs and the rise of our modern consumer society. Understanding race as ideology, he describes the processes of consumerism and commodification that have transformed, but not necessarily improved, the place of black citizens in our society. As disturbing as it is enlightening, this timely work reveals the radical nature of change as it relates to race and its cultural phenomena. It offers conceptual tools and a new way to think and talk about racism as social reality.
The Problem of the Christian Master: Augustine in the Afterlife of Slavery
by Matthew EliaA bold rereading of Augustinian thought for a world still haunted by slavery Over the last two decades, scholars have made a striking return to the resources of the Augustinian tradition to theorize citizenship, virtue, and the place of religion in public life. However, these scholars have not sufficiently attended to Augustine&’s embrace of the position of the Christian slaveholder. To confront a racialized world, the modern Augustinian tradition of political thought must reckon with its own entanglements with the afterlife of the white Christian master. Drawing Augustine&’s politics and the resources of modern Black thought into extended dialogue, Matthew Elia develops a critical analysis of the enduring problem of the Christian master, even as he presses toward an alternative interpretation of key concepts of ethical life—agency, virtue, temporality—against and beyond the framework of mastery. Amid democratic crises and racial injustice on multiple fronts, the book breathes fresh life into conversations on religion and the public square by showing how ancient and contemporary sources at once clash and converge in surprising ways. It imaginatively carves a path forward for the enduring humanities inquiry into the nature of our common life and the perennial problem of social and political domination.
Problem Questions for Law Students: A Study Guide
by Geraint BrownLaw students rarely have experience answering problem questions before university, and lecturers concentrate on teaching content rather than the exam skills needed. This book bridges the gap on how to transpose knowledge and research into structured and coherent answers to problem questions while earning a law degree. Aimed at undergraduates, international students, and foundation and SQE candidates, the book gives a step-by-step study guide on how to navigate what a problem question is asking you to do. It deconstructs the process using examples from a range of different fields of law, providing essential guidance from research and critical thinking to style and tone. Including a range of examples to test yourself against, this is an indispensable resource for any law student who wants to tackle problem questions with confidence.
Problem-solving and Learning for Public Services and Public Management: Theory and Practice (Springer Texts in Business and Economics)
by Tony Kinder Jari StenvallIn this textbook readers will acquire knowledge of problem-solving and learning to enhance both efficiency and the experience of service users in rapidly changing service environments, that can create new service models. Emphasizing that, above all else, individuals are at the centre of services, the book goes deeply into the nature of public services and their logic-of-practice. By applying learning and problem-solving approaches, the reader gains practical capabilities in addition to an appreciation of the latest research literature. Following a multidisciplinary, international approach, the book suggests a new typology of problem-framing and presents many examples of how new service solutions can be created in any public service context. The book offers a conceptual toolkit to understand and analyse dynamically changing services and the application of new technologies. Topics covered include pressing issues surrounding public services, such as e-technology, digitalisation, e-services, artificial intelligence, entrepreneurialism, sustainability, climate, inequality, developing economies, and smart cities. Chapters follow a similar structure: issue, problems, what we know, learning framework, worked example, theory and practice conclusions, as well as teacher and learner notes. Addressing advanced undergraduate and graduate students of public administration, public management, political science, sociology, computer science, and information systems, the book will also be a valuable resource for practitioners, i.e. experts and managers in public organizations, professionals in organizations working at the business and public sectors, consultants, and IT suppliers.
Problem Solving Courts: Social Science and Legal Perspectives
by Eve M. Brank Richard L. WienerIn order to make the criminal court system more effective there has been a growing trend to have courts participate in what is essentially a rehabilitation strategy. Such courts are often referred to as "problem-solving" because they are working on root causes of criminal behavior as part of the dispensation of justice. This major shift in the role of the courts means that the court works closely with prosecutors, public defenders, probation officers, social workers, and other justice system partners to develop a strategy that pressures offenders to complete a treatment program which will ultimately, hopefully prevent recidivism. Research has shown that this kind of strategy has a two-fold benefit. It has been successful in helping offenders turn their lives around which leads to improved public safety and the ultimate saving of public funds. This book is the first to focus exclusively on problem solving courts, and as such it presents an overview of the rationale and scientific evidence for such courts as well as individual sections on the key areas in which these courts are active. Thus there is specific attention paid to domestic violence, juvenile criminality, mental health, and more. Throughout, research findings are incorporated into general discussions of these courts operate and ideally what they are trying to accomplish. There is also discussion of how such courts should evolve in the future and the directions that further research should take.
Problem-Solving Courts, Criminal Justice, and the International Gold Standard: Reframing the English and Welsh Drug Courts
by Anna Grace KawałekThis book presents findings from a process evaluation carried out at a problem-solving court located in England: Manchester Review Court. Unlike the widely documented successes of similar international models, there is no detail of Manchester Review Court in the accessible literature, not in any policy document, nor is there a court handbook or website outlining objectives and expected practice. In adopting the seminal ‘wine’ and ‘bottle’ analytical framework propounded by therapeutic jurisprudence scholars, and by carrying out a detailed comparative analysis comparing the court to successful international problem-solving courts, the original empirical data brings clarity to an overlooked area. A fidelity analysis is also offered for the forerunning English and Welsh drug courts, which were established during the early 2000s, but then shortly fell by the wayside without satisfactory explanation for why. Findings from the book shed new light on the causes of the English and Welsh drug court downfalls pending recent calls to roll out a fresh suite of problem-solving courts. In light of the international evidence base and national struggles in the field, the book proposes a renewed, UK-specific, fidelity matrix to forge the impetus for new practice in this area, whilst accounting for past failures and acknowledging current issues. Therefore, this book not only breaks new ground by advancing knowledge of a significantly uncharted area but provides important inroads for helping policymakers with their strategies in tackling recidivism, addiction, victimisation, and austerity, as widespread social and human issues currently facing both Manchester and the UK more broadly. Presenting significant advancements in theory, policy, and practice at both national and international scale, the book will be a valuable resource for academics and practitioners working in the fields of Therapeutic Justice, Criminal Law, Criminology, Criminal Justice, and Socio-Legal Studies.
El problema de la tierra: Conflicto y desarrollo en Colombia
by Absalón MachadoReflexión sobre una política integral de tierras más allá de la restitución a los desplazados y el acceso a ella a través del mercado. Por más de 25 años el problema de la tierra en Colombia estuvo archivado en bibliotecas o en los círculos de especialistas, pero en el marco de los acuerdos de paz alcanzados en La Habana y el advenimiento del posconflicto, el desarrollo rural colombiano está de vuelta en la agenda pública. Este libro examina las políticas que han orientado el desarrollo de la estructura agraria colombiana desde el siglo xix y la asignación de baldíos de la Nación. Muestra de qué manera esta estructura agraria, formada en dos siglos de historia republicana, ha sido un obstáculo para el desarrollo económico, social y político, por sus vínculos con el poder y la violencia. En su análisis, Machado revisa las reformas impulsadas durante el gobierno de Juan Manuel Santos y se pregunta por las posibilidades de la institucionalidad
Problematizing Religious Freedom
by Arvind SharmaThe concept of religious freedom is the favoured modern human rights concept, with which the modern world hopes to tackle the phenomenon of religious pluralism, as our modern existence in an electronically shrinking globe comes to be increasingly characterised by this phenomenon. To begin with, the concept of religious freedom, as embodied in Article 18 of the Universal Declaration of Human Rights, seems self-evident in nature. It is the claim of this book, however, that although emblematic on the one hand, the concept is also problematic on the other, and the implications of the concept of religious freedom are far from self-evident, despite the ready acceptance the term receives as embodying a worthwhile goal. This book therefore problematizes the concept along legal, constitutional, ethical and theological lines, and especially from the perspective of religious studies, so that religious freedom in the world could be enlarged in a way which promotes human flourishing.
Problems and Cases on Secured Transactions
by James BrookThe problem approach featured in Problems and Cases on Secured Transactions thoroughly engages students with imaginative scenarios, presenting the material as easily accessible and as manageable as possible without avoiding the intricacies of secured transactions. Students come to appreciate that the principal resource for the course is UCC Article 9 itself. While the casebook is an essential tool for study, the law is found in the Code. Problems and Cases on Secured Transactions is carefully designed for an introductory mainstream course, not for an advanced course or seminar. The material is presented as completely comprehensible, even enjoyable rather than an arcane science than only an insider can understand. Cases are heavily edited, and liberal editorial note help express the vibrancy of true-life situations. A good mix of short and long problems gives each lesson a comprehensive linear flow while keeping students focused. A progressive mix of problems helps students see the common elements, as rules and principals learned in a simpler setting can readily be applied to more complex transactions. Earlier problems lean more heavily, though not exclusively, on the individual and consumer-borrower situations. As the lessons advance, the mix of materials progressively includes more small-business and large-business transactions. The Second Edition updates problems that highlight the changes made by the 2010 Revisions to Article 9, to become effective in 2013. Recently decided cases, applying the 2001 revision to Article 9, have been added as well. Features: problem approach engages students with imaginative scenarios accessible and manageable, without losing complexity underscores UCC Article 9 as principal resource for the course The casebook is a tool; the law is in the Code. makes material completely comprehensible, relevant, and enjoyable, not arcane cases are heavily edited and noted to express vibrancy of individual true-life stories specifically designed for introductory course, not an advanced course or seminar a mix of short and long problems throughout the text gives each lesson a comprehensive linear flow keeps students focused shows the study of Secured Transactions as far more than a mechanical exercise a progressive mix of problems helps students appreciate the common elements shows how that principals learned in a simpler setting can readily be applied to more complex transactions Earlier problems lean toward individual and consumer-borrower situations. Later problems progressively mix more small-business and large-business transactions. Thoroughly updated, the revised Second Edition presents: Updated problems that highlight the changes made by the 2010 Revisions to Article 9, to become effective in 2013. Recently decided cases, applying the 2001 revision to Article 9
Problems and Materials on Commercial Law (Aspen Casebook Series)
by Douglas J. Whaley Stephen M. McJohnClear, lucid, and extremely accessible, Problems and Materials on Commercial Law helps students understand black letter law and the statutory language in the Uniform Commercial Code. Concise yet comprehensive coverage includes the most recent case and statutory developments in all fundamental areas of Commercial Law, including sales, payment systems, and secured transactions. A sensible, flexible organization follows the order of UCC Articles 2, 3, 4, and 9, and is adaptable to many teaching styles. Drawing on experience in both teaching and writing, the authors provide thorough and practical coverage using a popular problem approach. <p><p>The text s effective format, manageable length, and inclusion of the most important cases make Problems and Materials on Commercial Law concise and efficient. A Teacher s Manual provides sample syllabi, answers to all the problems in the text, and suggestions on the best ways to teach various topics.
Problems in Contract Law: Cases and Materials (Aspen Casebook)
by Charles Knapp Nathan Crystal Harry PrinceProblems in Contract Law: Cases and Materials, offers a balance of traditional and contemporary cases that reflect the development and complexity of contract law. Explanatory notes and text place classic and contemporary cases in their larger legal context. Questions and problem exercises bridge theory and practice. Adaptable for instructors with different teaching techniques, this successful book includes various perspectives and contractual settings and offers a highly intelligent, contemporary treatment of contract law. It can easily be used in teaching by traditional case analysis, through problem-based instruction, or using theoretical inquiry.
Problems in Contract Law: Cases and Materials (Aspen Casebook)
by Charles L. Knapp Nathan M. Crystal Harry G. PrinceIn Problems in Contract Law: Cases and Materials, Ninth Edition, by Charles L. Knapp, Nathan M. Crystal, and Harry G. Prince, a balance of traditional and contemporary cases reflect the development and complexity of contract law. Explanatory notes and text place classic and contemporary cases in their larger legal context, while questions and problem exercises bridge theory and practice. <p><p> Adaptable for instructors with different teaching techniques, this successful book includes various perspectives and contractual settings, and offers a highly intelligent, contemporary treatment of contract law. It can easily be used in teaching by traditional case analysis, through problem-based instruction, or using theoretical inquiry.
Problems in Contract Law: Cases and Materials (Aspen Casebook)
by Charles L. Knapp Nathan M. Crystal Harry G. Prince Danielle K. Hart Joshua M. SilversteinProblems in Contract Law: Cases and Materials, by Charles L. Knapp, Nathan M. Crystal, Harry G. Prince, Danielle K. Hart, and Joshua M. Silverstein, includes cases with notes and explanatory text, additional commentary, essay, and short-answer problems, and multiple-choice review questions for each chapter. The cases selected are a balance of traditional and contemporary that reflect the development and complexity of contract law. Explanatory notes and text place the classic and newer decisions in their larger legal context. Questions and problems provide opportunities to practice core legal skills and encourage students to explore the relationship between theory and practice. This successful book is well known for approaching contract law and theory from multiple perspectives and using a variety of contractual settings. Adaptable for instructors with different pedagogical philosophies, Problems in Contract Law can easily be used in teaching by traditional case analysis, through problem-based instruction, or using theoretical inquiry.
Problems of International Politics: Compliant Rebels
by Hyeran JoSeventeen million people have died in civil wars and rebel violence has disrupted the lives of millions more. In a fascinating contribution to the active literature on civil wars, this book finds that some contemporary rebel groups actually comply with international law amid the brutality of civil conflicts around the world. Rather than celebrating the existence of compliant rebels, the author traces the cause of this phenomenon and argues that compliant rebels emerge when rebel groups seek legitimacy in the eyes of domestic and international audiences that care about humanitarian consequences and human rights. By examining rebel groups' different behaviors such as civilian killing, child soldiering, and allowing access to detention centers, Compliant Rebels offers key messages and policy lessons about engaging rebel groups with an eye toward reducing civilian suffering in war zones.
The Problems of Jurisprudence
by Richard A. PosnerIn this book, one of our country’s most distinguished scholar-judges shares with us his vision of the law. For the past two thousand years, the philosophy of law has been dominated by two rival doctrines. One contends that law is more than politics and yields, in the hands of skillful judges, correct answers to even the most difficult legal questions; the other contends that law is politics through and through and that judges wield essentially arbitrary powers. Rejecting these doctrines as too metaphysical in the first instance and too nihilistic in the second, Richard Posner argues for a pragmatic jurisprudence, one that eschews formalism in favor of the factual and the empirical. Laws, he argues, are not abstract, sacred entities, but socially determined goads for shaping behavior to conform with society’s values. Examining how judges go about making difficult decisions, Posner argues that they cannot rely on either logic or science, but must fall back on a grab bag of informal methods of reasoning that owe less than one might think to legal training and experience. Indeed, he reminds us, the greatest figures in American law have transcended the traditional conceptions of the lawyer’s craft. Robert Jackson did not attend law school and Benjamin Cardozo left before getting a degree. Holmes was neither the most successful of lawyers nor the most lawyerly of judges. Citing these examples, Posner makes a plea for a law that frees itself from excessive insularity and takes all knowledge, practical and theoretical, as grist for its mill. The pragmatism that Posner espouses implies looking at problems concretely, experimentally, without illusions, with an emphasis on keeping diverse paths of inquiry open, and, above all, with the insistence that social thought and action be evaluated as instruments to desired human goals rather than as ends in themselves. In making his arguments, he discusses notable figures in jurisprudence from Antigone to Ronald Dworkin as well as recent movements ranging from law and economics to civic republicanism, and feminism to libertarianism. All are subjected to Posner’s stringent analysis in a fresh and candid examination of some of the deepest problems presented by the enterprise of law.
Problems of Normativity, Rules and Rule-Following
by Michał Araszkiewicz Paweł Banaś Tomasz Gizbert-Studnicki Krzysztof PłeszkaThis book focuses on the problems of rules, rule-following and normativity as discussed within the areas of analytic philosophy, linguistics, logic and legal theory. Divided into four parts, the volume covers topics in general analytic philosophy, analytic legal theory, legal interpretation and argumentation, logic as well as AI& Law area of research. It discusses, inter alia, "Kripkenstein's" sceptical argument against rule-following and normativity of meaning, the role of neuroscience in explaining the phenomenon of normativity, conventionalism in philosophy of law, normativity of rules of interpretation, some formal approaches towards rules and normativity as well as the problem of defeasibility of rules. The aim of the book is to provide an interdisciplinary approach to an inquiry into the questions concerning rules, rule-following and normativity.
The Problems of Philosophy
by Bertrand RussellDive into the foundational questions of philosophy with Bertrand Russell's The Problems of Philosophy. This classic work, penned by one of the 20th century's most influential philosophers, provides an accessible and thought-provoking introduction to philosophical inquiry.Bertrand Russell, a renowned philosopher, logician, and Nobel laureate, examines some of the most enduring problems in philosophy, presenting them in a clear and engaging manner. Russell explores fundamental questions about the nature of reality, knowledge, and the limits of human understanding. Russell's lucid writing and keen analytical skills make complex philosophical concepts approachable for readers of all backgrounds.In this seminal text, Russell addresses key topics such as the distinction between appearance and reality, the existence and nature of matter, the theory of knowledge, and the problem of induction. He also delves into the nature of truth and falsehood, the limits of philosophical knowledge, and the relationship between philosophy and science.Russell's exploration is not merely theoretical; he provides concrete examples and practical applications of philosophical ideas, demonstrating their relevance to everyday life. His balanced approach combines rigorous analysis with a deep appreciation for the wonder and curiosity that drive philosophical inquiry.The Problems of Philosophy is an essential read for students of philosophy, educators, and anyone interested in deepening their understanding of the world. Russell's insightful and compelling treatment of philosophical issues invites readers to think critically about the nature of reality and our place within it.Join Bertrand Russell on a journey through the key questions that have shaped philosophical thought for centuries. The Problems of Philosophy remains a timeless and influential work, offering readers a profound and accessible guide to the enduring questions of human existence.
The Procedural and Organisational Law of the European Court of Justice: An Incomplete Transformation (Cambridge Studies in European Law and Policy)
by Christoph KrennHow should judges of the European Court of Justice be selected, who should participate in the Court's proceedings and how should judgments be drafted? These questions have remained blind spots in the normative literature on the Court. This book aims to address them. It describes a vast, yet incomplete transformation: Originally, the Court was based on a classic international law model of court organisation and decision-making. Gradually, the concern for the effectiveness of EU law led to the reinvention of its procedural and organisational design. The role of the judge was reconceived as that of a neutral expert, an inner circle of participants emerged and the Court became more hierarchical. While these developments have enabled the Court to make EU law uniquely effective, they have also created problems from a democratic perspective. The book argues that it is time to democratise the Court and shows ways to do this.
Procedural Autonomy of EU Member States: Paradise Lost?
by Diana-Urania GalettaIs the procedural autonomy of EU Member State a myth or a reality? What should this concept be taken to mean? Starting from the analysis of requirements and principles regulating, generally speaking, the relationships between Member States' and EU law, this book provides a definition of procedural autonomy able to account for the concept's inherent limits. Out of an analysis of the more relevant EU jurisprudence, the author identifies the rationale underlying the interventions of the ECJ on issues of procedural autonomy and the common logic that emerges from it; and reveals how, in an unchanged context of 'procedural autonomy' of the Member States, national procedural law becomes more and more 'functionalized' to the requirements of effectiveness of substantive EU law. As such, we should speak of a 'functionalized procedural competence' rather than of procedural autonomy. But this is by no means a case of "Paradise Lost." The book includes a foreword by Prof. Jürgen Schwarze, one of the founding fathers of European Administrative Law.
Procedural Justice and Legitimacy in Policing
by Lorraine Mazerolle Elise Sargeant Adrian Cherney Sarah Bennett Kristina Murphy Emma Antrobus Peter MartinThis brief focuses on the "doing" of procedural justice: what the police can do to implement the principles of procedural justice, and how their actions can improve citizen perceptions of police legitimacy. Drawing on research from Australia (Mazerolle et al), the UK (Stanko, Bradford, Jackson etc al), the US (Tyler, Reisig, Weisburd), Israel (Jonathon-Zamir et al), Trinidad & Tobago (Kochel et al) and Ghana (Tankebe), the authors examine the practical ways that the police can approach engagement with citizens across a range of different types of interventions to embrace the principles of procedural justice, including: · problem-oriented policing · patrol · restorative justice · reassurance policing · and community policing. Through these examples, the authors also examine some of the barriers for implementing procedurally just ways of interacting with citizens, and offer practical suggestions for reform. This work will be of interest for researchers in criminology and criminal justice focused on policing as well as policymakers.
Procedural Justice and Relational Theory: Empirical, Philosophical, and Legal Perspectives (Routledge Research in Legal Philosophy)
by Denise Meyerson, Catriona Mackenzie, and Therese MacDermottThis book bridges a scholarly divide between empirical and normative theorizing about procedural justice in the context of relations of power between citizens and the state. Empirical research establishes that people’s understanding of procedural justice is shaped by relational factors. A central premise of this volume is that this research is significant but needs to be complemented by normative theorizing that draws on relational theories of ethics and justice to explain the moral significance of procedures and make normative sense of people’s concerns about relational factors. The chapters in Part 1 provide comprehensive reviews of empirical studies of procedural justice in policing, courts and prisons. Part 2 explores empirical and normative perspectives on procedural justice and legitimacy. Part 3 examines philosophical approaches to procedural justice. Part 4 considers the implications of a relational perspective for the design of procedures in a range of legal contexts. This collection will be of interest to a wide academic readership in philosophy, law, psychology and criminology.
Procedural Justice in the United Nations Framework Convention on Climate Change
by Luke TomlinsonThis book considers what is needed for fairness in the decisions of the UNFCCC. It analyses several principles of procedural fairness in order to develop practical policy measures for fair decision-making in the UNFCCC. This includes measures that determine who should have a right to participate in its decisions, how these decisions should take place and what level of equality should exist between these actors. In doing so, it proposes that procedural fairness is a fundamental feature of a multilateral response to address climate change. By showing that procedural fairness is most likely to be achieved through the inclusive process of the UNFCCC, it also shows that global efforts to address climate change should continue in this forum.