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A Theory of Mediators’ Ethics
by Shapira OmerMany aspects relating to the conduct of mediation are left to mediator choice, but mediators often lack adequate guidance on how their discretion ought to be exercised. In this book, Omer Shapira identifies the ethical norms that govern mediators' conduct. Adopting a professional ethics perspective on the basis of role-morality and applying it to a core definition of mediators' role, Shapira argues that all mediators are placed in ethical relationships with mediation parties, the mediation profession, the public and their employers. or principals that produce ethical obligations. The book goes on to explore the legitimate expectations of these groups and analyzes existing codes of conduct for mediators. Shapira constructs a theory of mediators' ethics that produces a proposed model code of conduct for mediators - a detailed set of norms of mediators' ethics that can be rationally justified and defended with regard to mediators at large.
The Theory of Moral Capital
by Xiaoxi WangThis book captures the quintessence of the author’s 20-year career, presenting both unique perspectives and logical arguments. Guided by the Marxist concept of historical materialism, it reveals the function and effect of morality by analyzing and defining the moral domain. Further, it argues that economic development requires moral support by analyzing the inseparable logical connection between economics and morality. Moreover, it investigates moral capital and its route to achieving value multiplication in economic activities, and proposes a practice and evaluation index system for moral capital in enterprises. Combining philosophical analysis and the exploration of practical applications, the book also discusses a basic strategy to help enterprises enrich and manage their moral capital.
A Theory of Moral Education
by Michael HandChildren must be taught morality. They must be taught to recognise the authority of moral standards and to understand what makes them authoritative. But there’s a problem: the content and justification of morality are matters of reasonable disagreement among reasonable people. This makes it hard to see how educators can secure children’s commitment to moral standards without indoctrinating them. In A Theory of Moral Education, Michael Hand tackles this problem head on. He sets out to show that moral education can and should be fully rational. It is true that many moral standards and justificatory theories are controversial, and educators have an obligation to teach these nondirectively, with the aim of enabling children to form their own considered views. But reasonable moral disagreement does not go all the way down: some basic moral standards are robustly justified, and these should be taught directively, with the aim of bringing children to recognise and understand their authority. This is an original and important contribution to the philosophy of moral education, which lays a new theoretical foundation for the urgent practical task of teaching right from wrong.
The Theory of Moral Sentiments: Or, An Essay Towards An Analysis Of The Principles By Which Men Naturally Judge Concerning The Conduct And Character, First Of Their Neighbours, And Afterwards Of Themselves; To Which Is Added A Dissertation On The Origin O
by Adam SmithThe foundation for a general system of morals, this 1749 work is a landmark in the history of moral and political thought. Readers familiar with Adam Smith from The Wealth of Nations will find this earlier book a revelation. Although the author is often misrepresented as a calculating rationalist who advises the pursuit of self-interest in the marketplace, regardless of the human cost, he was also interested in the human capacity for benevolence — as The Theory of Moral Sentiments amply demonstrates. The greatest prudence, Smith suggests, may lie in following economic self-interest in order to secure the basic necessities. This is only the first step, however, toward the much higher goal of achieving a morally virtuous life. Smith elaborates upon a theory of the imagination inspired by the philosophy of David Hume. His reasoning takes Hume's logic a step further by proposing a more sophisticated notion of sympathy, leading to a series of highly original theories involving conscience, moral judgment, and virtue. Smith's legacy consists of his reconstruction of the Enlightenment idea of a moral, or social, science that embraces both political economy and the theory of law and government. His articulate expression of his philosophy continues to inspire and challenge modern readers.
The Theory of Morality
by Alan Donagan"Let us . . . nominate this the most important theoretical work on ethical or moral theory since John Rawls's Theory of Justice. If you have philosophical inclinations and want a good workout, this conscientious scrutiny of moral assumptions and expressions will be most rewarding. Donagan explores ways of acting in the Hebrew-Christian context, examines them in the light of natural law and rational theories, and proposes that formal patterns for conduct can emerge. All this is tightly reasoned, the argument is packed, but the language is clear. "—Christian Century "The man value of this book seems to me to be that it shows the force of the Hebrew-Christian moral tradition in the hands of a creative philosopher. Throughout the book, one cannot but feel that a serious philosopher is trying to come to terms with his religious-moral background and to defend it against the prevailing secular utilitarian position which seems to dominate academic philosophy. "—Bernard Gert, Journal of Medicine and Philosophy
Theory of Obligations in International Law (Routledge Research in International Law)
by Cezary MikExamining the fulfilment of international obligations by subjects of this law, this book explores the normative and functional links between the sources and rules of international law on the one hand, and the responsibility for violating international law on the other. In the sphere of law-making, the theory of obligations allows for a more precise and considered formulation of international obligations. It has the potential to enable subjects of international law to behave more rationally, allowing deeper reflection on whether to take on obligations and how to properly perform them. This book proposes a new approach to the issue of the proper operation of international law, with the theory of obligations at its heart. Linking the institutions and concepts of international law into a rational whole, the book offers an analysis of the operation of international law and the behaviour of its subjects to develop a framework for ensuring the ultimate effectiveness of international law. Analysing sources of law including treaties and common law, alongside the resolutions of international organisations, this book demonstrates the practical application of the subject with reference to the jurisprudence of international courts and other bodies. The volume will be of interest to scholars, students, and practitioners concerned with international law – its creation, performance, application, compliance, and enforcement.
A Theory of Political Obligation: Membership, Commitment, and the Bonds of Society
by Margaret GilbertMargaret Gilbert offers an incisive new approach to a classic problem of political philosophy: when and why should I do what the laws of my country tell me to do? Beginning with carefully argued accounts of social groups in general and political societies in particular, the author argues that in central, standard senses of the relevant terms membership in a political society in and of itself obligates one to support that society's political institutions. The obligations in question are not moral requirements derived from general moral principles, as is often supposed, but a matter of one's participation in a special kind of commitment: joint commitment. An agreement is sufficient but not necessary to generate such a commitment. Gilbert uses the phrase 'plural subject' to refer to all of those who are jointly committed in some way. She therefore labels the theory offered in this book the plural subject theory of political obligation. The author concentrates on the exposition of this theory, carefully explaining how and in what sense joint commitments obligate. She also explores a classic theory of political obligation --- actual contract theory --- according to which one is obligated to conform to the laws of one's country because one agreed to do so. She offers a new interpretation of this theory in light of a theory of plural subject theory of agreements. She argues that actual contract theory has more merit than has been thought, though the more general plural subject theory is to be preferred. She compares and contrasts plural subject theory with identification theory, relationship theory, and the theory of fair play. She brings it to bear on some classic situations of crisis, and, in the concluding chapter, suggests a number of avenues for related empirical and moral inquiry. Clearly and compellingly written, A Theory of Political Obligation will be essential reading for political philosophers and theorists.
A Theory of Practical Reason
by Julian Nida-RümelinIn this book, German philosopher Julian Nida-Rümelin presents a theory of practical reason that is objectivist, or rather realist, as an alternative to the widespread subjectivism in the theory of rationality. This theory has pragmatic traits that can be read as a constructive counterpart to Nida-Rümelin's critique of consequentialism whilst embedding its conception of rationality in the conceptual framework of decision and game theory.
The Theory Of Rules
by Karl N. Llewellyn Frederick SchauerKarl N. Llewellyn was one of the founders and major figures of legal realism, and his many keen insights have a central place in American law and legal understanding. Key to Llewellyn’s thinking was his conception of rules, put forward in his numerous writings and most famously in his often mischaracterized declaration that they are “pretty playthings.” Previously unpublished, The Theory of Rules is the most cogent presentation of his profound and insightful thinking about the life of rules. This book frames the development of Llewellyn’s thinking and describes the difference between what rules literally prescribe and what is actually done, with the gap explained by a complex array of practices, conventions, professional skills, and idiosyncrasies, most of which are devoted to achieving a law’s larger purpose rather than merely following the letter of a particular rule. Edited, annotated, and with an extensive analytic introduction by leading contemporary legal scholar Frederick Schauer, this rediscovered work contains material not found elsewhere in Llewellyn’s writings and will prove a valuable contribution to the existing literature on legal realism.
The Theory of Self-Determination (ASIL Studies in International Legal Theory)
by Tesón Fernando R.When can a group legitimately form its own state? Under international law, some groups can but others cannot. But the standard is unclear, and traditional legal analysis has failed to elucidate it. In The Theory of Self-Determination, leading scholars chart new territory in our theoretical conception of self-determination. Drawing from diverse scholarship in international law, philosophy, and political science, they attempt to move beyond the prevailing nationalist conceptions of group definition. At issue are such universal questions as: when does a group qualify as a 'people'? Does history matter? Or is it a question of ethnic status? Are these matters properly solved by popular vote? Anchored in modern analytical political philosophy but with implications for a wide range of scholarship, this volume will prove essential for scholars and practitioners of international law, global justice, and international relations. Offers a new take on self-determination that moves beyond prevailing nationalist conceptions The book's interdisciplinary approach, drawing on law, philosophy, and political science, will be of interest to a wide range of scholars and practitioners Applies philosophical foundations to recent cases from Scotland to the Ukraine
A Theory of the Drone
by Grégoire ChamayouDrone warfare has raised profound ethical and constitutional questions both in the halls of Congress and among the U.S. public. Not since debates over nuclear warfare has American military strategy been the subject of discussion in living rooms, classrooms, and houses of worship. Yet as this groundbreaking new work shows, the full implications of drones have barely been addressed in the recent media storm.In a unique take on a subject that has grabbed headlines and is consuming billions of taxpayer dollars each year, philosopher Grégoire Chamayou applies the lens of philosophy to our understanding of how drones are changing our world. For the first time in history, a state has claimed the right to wage war across a mobile battlefield that potentially spans the globe. Remote-control flying weapons, he argues, take us well beyond even George W. Bush's justification for the war on terror.What we are seeing is a fundamental transformation of the laws of war that have defined military conflict as between combatants. As more and more drones are launched into battle, war now has the potential to transform into a realm of secretive, targeted assassinations of individuals--beyond the view and control not only of potential enemies but also of citizens of democracies themselves. Far more than a simple technology, Chamayou shows, drones are profoundly influencing what it means for a democracy to wage war. A Theory of the Drone will be essential reading for all who care about this important question.
A Theory of the Trial
by Robert P. BurnsAnyone who has sat on a jury or followed a high-profile trial on television usually comes to the realization that a trial, particularly a criminal trial, is really a performance. Verdicts seem determined as much by which lawyer can best connect with the hearts and minds of the jurors as by what the evidence might suggest. In this celebration of the American trial as a great cultural achievement, Robert Burns, a trial lawyer and a trained philosopher, explores how these legal proceedings bring about justice. The trial, he reminds us, is not confined to the impartial application of legal rules to factual findings. Burns depicts the trial as an institution employing its own language and styles of performance that elevate the understanding of decision-makers, bringing them in contact with moral sources beyond the limits of law. Burns explores the rich narrative structure of the trial, beginning with the lawyers' opening statements, which establish opposing moral frameworks in which to interpret the evidence. In the succession of witnesses, stories compete and are held in tension. At some point during the performance, a sense of the right thing to do arises among the jurors. How this happens is at the core of Burns's investigation, which draws on careful descriptions of what trial lawyers do, the rules governing their actions, interpretations of actual trial material, social science findings, and a broad philosophical and political appreciation of the trial as a unique vehicle of American self-government.
A Theory of Value and Obligation
by Robin AttfieldOriginally published in 1987 and re-issued in 2020 with a new Preface, this book presents and elaborates interrelated solutions to a number of problems in moral philosophy, from the location of intrinsic value and the nature of a worthwhile life, via the limits of obligation and the nature of justice, to the status of moral utterances. After developing a biocentric account of moral standing, the author locates worthwhile life in the development of the generic capacities of a creature, whether human or nonhuman, and presents an account of relative intrinsic value which later generates a theory of interspecific justice. This value-theory also informs a consequentialist understanding of obligation, of moral rightness and of supererogation. The understanding thus supplied is shown to cope with the problems of integrity, of justice and of the ‘Repugnant Conclusion’ in population ethics. A cognitivist account of ethical conclusions such as those so far reached is then defended against non-cognitivist and relativist objections and a far-reaching naturalist theory is defended, integrating earlier conclusions with an account of the logic of the fundamental ethical concepts. This wide-ranging volume which maps the whole area of morality is thoroughly argued with reference both to contemporary philosophical developments and to classical theories.
The Theory, Practice, and Interpretation of Customary International Law (The Rules of Interpretation of Customary International Law)
by Panos Merkouris Jörg Kammerhofer Noora Arajärvi Nina MilevaAlthough customary international law (CIL) has been central to international law from its inception, it is often misunderstood. This edited volume remedies that problem by tracing the history of CIL and provides an in-depth study of its theory, practice, and interpretation. Its chapters tackle the big questions which surround this source of international law such as: what are the rules that regulate the functioning of CIL as a source of international law? Can CIL be interpreted? Where do lines between identification, interpretation, application, and modification of a rule of CIL lie? Using recent developments, this volume revisits old debates and resolves them by proffering new and innovative solutions. With detailed examples from international and national courts, it places CIL in a range of settings to explain, explore and reflect upon this developing and highly significant field. This title is also available as Open Access on Cambridge Core.
The Therapeutic Nightmare: The battle over the world's most controversial sleeping pill (Health And The Environment Ser.)
by John Abraham Julie SheppardHow do drugs get to the market? What controls are there and what procedures for monitoring their effects? And how adequate are the regulators in protecting public health when new drugs have serious side effects? The Therapeutic Nightmare tells the story of the sleeping pill Halcion - a story which is far from over. First marketed in the 1970s, Halcion has been taken by millions of patients around the world. For many years it has been associated with serious adverse effects such as amnesia, hallucinations, aggression and, in extreme cases, homicide. Thirteen years after its first release, it was banned by the British government. It remains on sale in the United States and many other countries. This book explains why patients have come to be exposed to Halcion's risks and examines the corporate interests of the manufacturers, the professional interests of the scientists and medical researchers and the interests of patients in safe and effective medication. It reveals how these contending forces shape the regulatory decision-making process about drug safety. As the number of new drugs and health products grows, a major challenge facing regulators and the medical profession is how to put the interests of public health decisively and consistently above the commercial interests of the drugs industry, while becoming more accountable to patient and consumer organizations.
A Therapist's Guide to Growing Free: A Manual for Survivors of Domestic Violence
by Michael Hertica Wendy Susan DeatonHelp victims and survivors break the cycle of abuse!Trying to get victims and survivors of domestic abuse to recognize their own victimization can be a frustrating experience. They often become so frightened, isolated, and self-doubting that they make excuses for the abuser. Combining psychological insight with practical safety information, this book helps therapists guide their clients into understanding--and ending--the vicious cycle of wooing, tension, violence, and remorse. A Therapist's Guide to Growing Free provides a comprehensive outline of the issues, tasks, and goals involved in the treatment of victims and survivors. Its chapter-by-chapter breakdown of how violent relationships function and how to end them safely can help you guide a traumatized woman through her therapeutic journey.The guide's companion volume, Growing Free: A Manual for Survivors of Domestic Violence is the perfect handout for clients in individual therapy, group therapy, and battered women's shelters. Reading stories like their own may provide the shock of recognition they need to be able to understand--and eventually to end--the cycle of violence that characterizes all levels of domestic abuse. It outlines a series of steps they can take to ensure their emotional and physical safety. Its stories of women in abusive relationships and discussions of the cycle of abuse are direct and easy to read without ever being condescending.A Therapist's Guide to Growing Free provides the insight and therapeutic models needed for effective intervention and treatment, including: psychological effects and belief systems of victims and survivors discussions and illustrations of the cycle of violence the effects of domestic violence on children and adolescents the therapeutic challenges of couple/conjoint therapy handling crisis intervention suggestions for conducting group and therapeutic therapy for victim and battererA Therapist's Guide to Growing Free and its companion volume provide both therapists and clients with a practical, action-oriented approach to the problem of domestic violence. It is ideal training and reference material for counselors at women's shelters, emergency room personnel, law-enforcement officers, and other professionals involved in the rescue, support, defense, and treatment of victims and survivors.
Therapists, Lawyers, and Divorcing Spouses
by William FisherExperts explore the need for cooperation between the law and helping professions in order to lessen the trauma of the divorce process.
There Are No Dead Here: A Story Of Murder And Denial In Colombia
by Maria McFarland Sánchez-MorenoThe bloody story of the rise of paramilitaries in Colombia, told through three characters--a fearless activist, a dogged journalist, and a relentless investigator--whose lives intersected in the midst of unspeakable terror.Colombia's drug-fueled cycle of terror, corruption, and tragedy did not end with Pablo Escobar's death in 1993. Just when Colombians were ready to move past the murderous legacy of the country's cartels, a new, bloody chapter unfolded. In the late 1990s, right-wing paramilitary groups with close ties to the cocaine business carried out a violent expansion campaign, massacring, raping, and torturing thousands.There Are No Dead Here is the harrowing story of three ordinary Colombians who risked everything to reveal the collusion between the new mafia and much of the country's military and political establishment: Jesús María Valle, a human rights activist who was murdered for exposing a dark secret; Iván Velásquez, a quiet prosecutor who took up Valle's cause and became an unlikely hero; and Ricardo Calderón, a dogged journalist who is still being targeted for his revelations. Their groundbreaking investigations landed a third of the country's Congress in prison and fed new demands for justice and peace that Colombia's leaders could not ignore.Taking readers from the sweltering Medellín streets where criminal investigators were hunted by assassins, through the countryside where paramilitaries wiped out entire towns, and into the corridors of the presidential palace in Bogotá, There Are No Dead Here is an unforgettable portrait of the valiant men and women who dared to stand up to the tide of greed, rage, and bloodlust that threatened to engulf their country.
There Goes the Neighborhood: How Communities Overcome Prejudice and Meet the Challenge of American Immigration
by Ali NooraniA leading advocate for immigration reform interviews a wide range of citizens from communities throughout the nation to gauge the level of acceptance of new immigrants.This compelling approach to the immigration debate takes the reader behind the blaring headlines and into communities grappling with the reality of new immigrants and the changing nature of American identity. Ali Noorani, the Executive Director of the National Immigration Forum, interviews nearly fifty local and national leaders from law enforcement, business, immigrant, and faith communities to illustrate the challenges and opportunities they face. From high school principals to church pastors to sheriffs, the author reveals that most people are working to advance society's interests, not exploiting a crisis at the expense of one community. As he shows, some cities and regions have reached a happy conclusion, while others struggle to find balance. Whether describing a pastor preaching to the need to welcome the stranger, a sheriff engaging the Muslim community, or a farmer's wind-whipped face moistened by tears as he tells the story of his farmworkers being deported, the author helps readers to realize that America's immigration debate isn't about policy; it is about the culture and values that make America what it is. The people on the front lines of America's cultural and demographic debate are Southern Baptist pastors in South Carolina, attorneys general in Utah or Indiana, Texas businessmen, and many more. Their combined voices make clear that all of them are working to make America a welcome place for everyone, long-established citizens and new arrivals alike. Especially now, when we feel our identity, culture, and values changing shape, the collective message from all the diverse voices in this inspiring book is one of hope for the future. Now in paperback with a new preface.
There Was a Little Girl (Matthew Hope #11)
by Ed McbainThe first bullet hit Matthew Hope in the shoulder. The second one hit him in the chest. A story about carnivals, midgets, sex, infidelity and crime.
There Was and There Was Not: A Journey Through Hate and Possibility in Turkey, Armenia, and Beyond
by Meline ToumaniA young Armenian-American goes to Turkey in a "love thine enemy" experiment that becomes a transformative reflection on how we use—and abuse—our personal historiesMeline Toumani grew up in a close-knit Armenian community in New Jersey where Turkish restaurants were shunned and products made in Turkey were boycotted. The source of this enmity was the Armenian genocide of 1915 at the hands of the Ottoman Turkish government, and Turkey's refusal to acknowledge it. A century onward, Armenian and Turkish lobbies spend hundreds of millions of dollars to convince governments, courts and scholars of their clashing versions of history.Frustrated by her community's all-consuming campaigns for genocide recognition, Toumani leaves a promising job at The New York Times and moves to Istanbul. Instead of demonizing Turks, she sets out to understand them, and in a series of extraordinary encounters over the course of four years, she tries to talk about the Armenian issue, finding her way into conversations that are taboo and sometimes illegal. Along the way, we get a snapshot of Turkish society in the throes of change, and an intimate portrait of a writer coming to terms with the issues that drove her halfway across the world.In this far-reaching quest, told with eloquence and power, Toumani probes universal questions: how to belong to a community without conforming to it, how to acknowledge a tragedy without exploiting it, and most importantly how to remember a genocide without perpetuating the kind of hatred that gave rise to it in the first place.
There's No Such Thing As "Business" Ethics: There's Only One Rule for Making Decisions
by John C. MaxwellBestselling author and expert on leadership John C. Maxwell shares the only rule that matters in business and in life. How does a person judge what is ethical? Sometimes it's clear. In the past year or two, ethical lapses in corporate America have been well documented. But is it always easy to see where the line is in life? What's the standard? And can it work in all situations? John C. Maxwell thinks it can. In THERE'S NO SUCH THING AS BUSINESS ETHICS, Maxwell shows how people can live with integrity by using the Golden Rule as their standard--regardless of religion, culture, or circumstances. Along the way, he delves into the desires of the human heart, reveals the five most common pitfalls that throw people off the ethical track, and teaches how to develop the Midas touch when it comes to personal integrity.
These Daring Disturbers of the Public Peace: The Struggle for Property and Power in Early New Jersey
by Brendan McConvilleDuring the century preceding the American Revolution, bitter conflicts raged in New Jersey over control of the land tenure system. This book examines how the struggle between yeoman farmers and landed gentry shaped public life in the colony. At once a cultural, political, and social history, it carefully delineates the beliefs of rioters and upholders of order, both of whom wanted control over land. Brendan J. McConville describes how changes in provincial society--affecting politics and government, religious life, economic conditions, gender relations, and ethnic composition--led farmers to resort to violence as a means of settling property disputes. He examines the disagreements in light of competing conceptions of property held by separate landowning classes, differences in the legal and political traditions of British and Dutch colonists, and local conditions unique to New Jersey. He also considers the ways in which the lack of a shared perception of deference among Puritan, Dutch, and multi-ethnic farmers helped foster insurrection. According to McConville, the social transformations brought into sharp focus by the agrarian unrest ultimately undermined imperial control and encouraged the creation of a new American identity. His book--the recipient of the Driscoll Prize from the New Jersey Historical Commission prior to its publication--is an eagerly awaited account of a colony that has seldom been seriously examined by colonial historians and a challenge to those scholars to rethink commonly accepted arguments about the development of the United States.
These People Have Always Been a Republic: Indigenous Electorates in the U. S. -Mexico Borderlands, 1598-1912 (The David J. Weber Series in the New Borderlands History)
by Maurice S. CrandallSpanning three hundred years and the colonial regimes of Spain, Mexico, and the United States, Maurice S. Crandall's sweeping history of Native American political rights in what is now New Mexico, Arizona, and Sonora demonstrates how Indigenous communities implemented, subverted, rejected, and indigenized colonial ideologies of democracy, both to accommodate and to oppose colonial power. <p><p> Focusing on four groups--Pueblos in New Mexico, Hopis in northern Arizona, and Tohono O'odhams and Yaquis in Arizona/Sonora--Crandall reveals the ways Indigenous peoples absorbed and adapted colonially imposed forms of politics to exercise sovereignty based on localized political, economic, and social needs. Using sources that include oral histories and multinational archives, this book allows us to compare Spanish, Mexican, and American conceptions of Indian citizenship, and adds to our understanding of the centuries-long struggle of Indigenous groups to assert their sovereignty in the face of settler colonial rule.
A Thesis Resource Guide for Criminology and Criminal Justice
by Marilyn D. McShane Frank P. Williams IIIThis handbook is a comprehensive guide to developing and writing graduate level research. It takes the reader on a step-by-step journey through the entire thesis process from initial ideas to a completed product or even a published article. Examples from actual student theses provide concrete illustrations of each step and function as a starting point for one's own project. Tips for organizing tasks and completing them on time help orient readers to the research process and give them confidence to achieve their own research goals. Unique step-by-step guide for successfully completing the thesis projectfrom development through defense. Examples from theses done by students provide concrete illustrations and a starting point for ideas and discussion. Broad range of quantitative and qualitative thesis methodologies gives readers an overview of the basic tools of the research process. Tips for organizing tasks and completing the project on time. Those looking for assistance with writing a thesis.