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Theories of Consciousness and the Problem of Evil in the History of Ideas
by Ben Lazare MijuskovicIn this book, Ben Lazare Mijuskovic uses both an interdisciplinary and History of Ideas approach to discuss four forms of intertwined theories of human consciousness and reflexive self-consciousness (Plato, Augustine, Descartes, Leibniz, Kant, and Hegel; Schopenhauer’s subconscious irrational Will; Brentano and Husserl’s transcendent intentionality; and Freud’s dynamic ego). Mijuskovic explores these theories within the context of psychological issues, where the discussion is undergirded by the conflict between loneliness and intimacy. He also explores them in the context of ethics, where the dynamic is between the values of good and evil. The book historically traces these issues in both a personal as well as a political framework.
Theories Of Crime
by Daniel J. Curran Claire M. RenzettiThis book surveys the major theoretical perspectives in criminology, including biological/physiological theories, psychological/psychiatric theories, and sociological theories of crime. Each chapter provides a balanced overview, examining each theory in the context of empirical research that tests it. New chapters have been added, focusing on areas such as feminist theories of crime, the routine activities theory, control balance theory, and a chapter focusing on providing greater coverage of conflict radical theories, including left realism, peacemaking criminology, and postmodern criminology. For anyone involved in criminology studies.
Theories of International Responsibility Law Theories of International Responsibility Law (ASIL Studies in International Legal Theory)
by Samantha BessonThere is no issue more central to a legal order than responsibility, and yet the dearth of contemporary theorizing on international responsibility law is worrying for the state of international law. The volume brings philosophers of the law of responsibility into dialogue with international responsibility law specialists. Its tripartite structure corresponds to the three main theoretical challenges in the contemporary practice of international responsibility law: the public and private nature of the international responsibility of public institutions; its collective and individual dimensions; and the place of fault therein. In each part, two international lawyers and two philosophers of responsibility law address the most pressing questions in the theory of international responsibility law. The volume closes with a comparative 'world tour' of the responsibility of public institutions in four different legal cultures and regions, identifying stepping-stones and stumbling blocks on the path towards a common law of international responsibility.
Theories of Justice: A Treatise on Social Justice, Vol. 1 (California Series on Social Choice and Political Economy #16)
by Brian BarryWhat is social justice? In Theories of Justice Brian Barry provides a systematic and detailed analysis of two kinds of answers. One is that justice arises from a sense of the advantage to everyone of having constraints on the pursuit of self-interest. The other answer connects the idea of justice with that of impartiality. Though the first book of a trilogy, Theories of Justice stands alone and constitutes a major contribution to the debate about social justice that began in 1971 with Rawls's A Theory of Justice.
Theories of Justice (The Library of Essays on Justice)
by Alejandra MancillaForty years ago, in his landmark work A Theory of Justice, the American philosopher John Rawls depicted a just society as a fair system of cooperation between citizens, regarded as free and equal persons. Justice, Rawls famously claimed, is 'the first virtue of social institutions'. Ever since then, moral and political philosophers have expanded, expounded and criticized Rawls's main tenets, from perspectives as diverse as egalitarianism, left and right libertarianism and the ethics of care. This volume of essays provides a general overview of the main strands in contemporary justice theorising and features the most important and influential theories of justice from the 'post Rawlsian' era. These theories range from how to build a theory of justice and how to delineate its proper scope to the relationship between justice and equality, justice and liberty, and justice and desert. Also included is the critique of the Rawlsian paradigm, especially from feminist perspectives and from the growing strand of 'non-ideal' theory, as well as consideration of more recent developments and methodological issues.
Theories of Legal Obligation (Law and Philosophy Library #146)
by Deryck Beyleveld Stefano BerteaThis volume collects six original essays by internationally respected researchers who have devoted themselves to the study of legal obligation. It brings together works that innovatively address key dimensions of the current debates concerning legal obligation from different and, in some cases, even opposing theoretical perspectives. As a result, the collection offers a comprehensive discussion of legal obligation that promises to significantly advance our understanding of the obligatory dimension of law. What specifically connects the contributions gathered here is one common thread: coming to terms with a notion – legal obligation – that is of both practical and theoretical importance. On the one hand, it is widely regarded as a fundamental legal concept by legal practitioners and laypeople alike, as not only judges, prosecutors, lawyers, and juries but also ordinary citizens make extensive use of obligation-related terms and discourses. On the other hand, the notion of legal obligation is of paramount significance for the theory of law. Indeed, even legal theorists who, quite understandably, refuse to reduce the law to a mere obligation-imposing device and opt instead for a view in which the normative dimension of the law also encompasses powers, rights, permissions, privileges and immunities, duly acknowledge the centrality of legal obligation for the understanding and conceptualisation of law. Hence the importance of the treatments presented in this volume.
Theories of Local Immigration Policy
by Felipe Amin FilomenoThis book offers a critical account of studies of local immigration policy and a relational approach to explain its emergence, variation, and effects in a context of interdependence and globalization. The author emphasizes the horizontal interactions between local governments, and vertical interactions between local and national levels of government, as well as international interactions. Everywhere in the world, a growing number of cities are faced with challenges and opportunities brought by immigration. While some local governments have welcomed immigrants and promoted their social inclusion, others have actively prevented their arrival and settlement. Most studies emphasize the role of local conditions in the making and implementation of local immigration policy, but this book argues that broader processes- such as inter-governmental relations, economic globalization, and international institutions- are crucial.
Theories of the Self and Autonomy in Medical Ethics (The International Library of Bioethics #83)
by Michael Kühler Veselin L. MitrovićThis book engages in a critical discussion on how to respect and promote patients’ autonomy in difficult cases such as palliative care and end-of-life decisions. These cases pose specific epistemic, normative, and practical problems, and the book elucidates the connection between the practical implications of the theoretical debate on respecting autonomy, on the one hand, and specific questions and challenges that arise in medical practice, on the other hand. Given that the idea of personal autonomy includes the notion of authenticity as one of its core components, the book explicitly includes discussions on underlying theories of the self. In doing so, it brings together original contributions and novel insights for “applied” scenarios based on interdisciplinary collaboration between German and Serbian scholars from philosophy, sociology, and law. It is of benefit to anyone cherishing autonomy in medical ethics and medical practice.
Theories of Value from Adam Smith to Piero Sraffa
by Ajit SinhaThis book presents a comprehensive account of more than 200 years of controversy on the classical theories of value and distribution. The author focuses on four, perhaps most critical classics — Adam Smith’s Wealth of Nations, David Ricardo’s Principles of Political Economy, Karl Marx’s Capital and Piero Sraffa’s Production of Commodities by Means of Commodities. The book highlights several significant differences in the widely celebrated theories of the four authors as it searches for the ‘classical standpoint’ that separates them from the ‘moderns’. It also challenges canonical interpretations to analyse their flaws and weaknesses, in addition to the already obvious strengths, and critically engages with the major alternative interpretations and criticisms of the theories. With a new Afterword that follows up on the debates and developments since the first edition, this book will appeal to scholars and academics of economic theory and philosophy, as well as to the general reader.
Theorising Institutional Change: The Impact of the European Integration Process on the Development of Space Activities in Europe (Springer Theses)
by Nina-Louisa RemussThe book provides a structural analysis of the European space effort from an institute change perspective. It analyzes the EU-ESA inter-institutional relationship, gives an overview of the development of space policy in Europe, and advances the debate about the impact of the European integration process on existing institutional actors. While European Space collaboration was initially developed outside the competences of the European Union (EU) with space programmes being carried out almost exclusively under the framework of European Space Agency (ESA) and national agencies, the EU has gained “shared competences” (Art. 2, TFEU) in space policy following the adoption of the Lisbon Treaty. Currently the EU and ESA work together under a Framework Agreement. In 2016, the EU Commission has published a Communication entitled “European Space Policy” (ESP). Even though ESA’s Member States have agreed to keep ESA as an intergovernmental organisation during the ESA Ministerial Council of 2014, the discussion about ESA becoming part of the EU framework continues. The EU’s ambitions for leadership in European space policy raise question concerning the future of ESA. The study of institutions lies at the heart of political sciences. Strikingly the theoretic framework qualifying institutional change and making it comparable leaves room for more concrete and testable dimensions of institutional change.
Theorising Noncitizenship: Concepts, Debates and Challenges
by Katherine Tonkiss and Tendayi Bloom‘Noncitizenship’, if it is considered at all, is generally seen only as the negation or deprivation of citizenship. It is rarely examined in its own right, whether in relation to States, to noncitizens, or citizens. This means that it is difficult to examine successfully the status of noncitizens, obligations towards them, and the nature of their role in political systems. As a result, not only are there theoretical black holes, but also the real world difficulties created as a result of noncitizenship are not currently successfully addressed. In response, Theorising Noncitizenship seeks to define the theoretical challenge that noncitizenship presents and to consider why it should be seen as a foundational concept in social science. The contributions, from leading scholars in the field and across disciplinary backgrounds, capture a diversity of perspectives on the meaning, position and lived experience of noncitizenship. They demonstrate that, we need to look beyond citizenship in order to take noncitizenship seriously and to capture fully the lived realities of the contemporary State system. This book was previously published as a special issue of Citizenship Studies.
Theorising the Responsibility to Protect
by Thakur, Ramesh and Maley, William Ramesh Thakur William MaleyOne of the most important developments in world politics in the last decade has been the spread of the idea that state sovereignty comes with responsibilities as well as privileges, and that there exists a global responsibility to protect people threatened by mass atrocities. The principle of the Responsibility to Protect is an acknowledgment by all who live in zones of safety of a duty of care towards those in zones of danger. Thakur and Maley argue that this principle has not been discussed sufficiently in the context of international and political theory, in particular the nature and foundations of political and international order and the strength and legitimacy of the state. The book brings together a range of authors to discuss the different ways in which the Responsibility to Protect can be theorised, using case studies to locate the idea within wider traditions of moral responsibilities in international relations.
Theorizing Legal Punishment (Routledge Research in Legal Philosophy)
by Richard L. LippkeThis book systematically defends an account of the institution of legal punishment that draws on both retributive and crime-prevention thinking. The work argues that legal punishment censures convicted offenders and thus morally communicates with them, any victims, and the broader community, while also serving to reduce future crime. The expressive or retributive element is assigned the lead role in this mixed account because it better captures the notion that members of society are to be held morally accountable for their failures to abide by defensible criminal prohibitions of various kinds. Despite this, it is conceded that the reduction of crime plays a vital role in justifying the institution of legal punishment and the book contains extended discussion of how and why this is so. Beyond its explication of the aims of legal punishment and their respective roles within a mixed theory, the study devotes separate chapters to sentencing, criminal procedure, and the imposition of fees and collateral legal consequences on individuals who have been convicted of crimes and fully served their sentences. In these ways, the work moves beyond discussion of the abstract aims of legal punishment to details of the institution’s internal structure and operations. The many historical deficiencies and failures of the institution are duly noted and the challenges they pose for punishment theorizing are examined. The book closes with discussion of the limited success of punishment institutions in apprehending, convicting, and punishing those who violate the law, including many who do so in serious ways. Alternatives to reliance on legal punishment institutions are briefly examined. In the end, retention of such institutions is urged although it is suggested that we ought to have modest expectations about their ultimate success. The work will be of interest to those working in the areas of Legal Philosophy and Criminology.
Theorizing Local Migration Law and Governance
by Moritz Baumgärtel Sara MielletIn many regions around the world, the governance of migration increasingly involves local authorities and actors. This edited volume introduces theoretical contributions that, departing from the 'local turn' in migration studies, highlight the distinct role that legal processes, debates, and instruments play in driving this development. Drawing on historical and contemporary case studies, it demonstrates how paying closer analytical attention to legal questions reveals the inherent tensions and contradictions of migration governance. By investigating socio-legal phenomena such as sanctuary jurisdictions, it further explores how the law structures ongoing processes of (re)scaling in this domain. Beyond offering conceptual and empirical discussions of local migration governance, this volume also directly confronts the pressing normative questions that follow from the growing involvement of local authorities and actors. This title is also available as Open Access on Cambridge Core.
Theorizing Transitional Justice
by Claudio Corradetti Nir EisikovitsThis book addresses the theoretical underpinnings of the field of transitional justice, something that has hitherto been lacking both in study and practice. With the common goal of clarifying some of the theoretical profiles of transitional justice strategies, the study is organized along crucial intersections evaluating aspects connected to the genealogy, the nature, the scope and the most appropriate methodology for the study of transitional justice. The chapters also take up normative and political considerations pertaining to specific transitional instruments such as war crime tribunals, truth commissions, administrative purges, reparations, and historical commissions. Bringing together some of the most original writings from established experts as well as from promising young scholars in the field, the collection will be an essential resource for researchers, academics and policy-makers in Law, Philosophy, Politics, and Sociology.
A Theory About Control
by Jack P. GibbsMoving beyond his 1989 book, Control: Sociology's Central Notion, Jack Gibbs develops in this new book a comprehensive theory of control in all its biological, technological, and human dimensions. His treatment goes beyond conventional ideas about social control to show why self-control and proximate control are essential to understanding human interaction. He also argues that thinking of control in terms of the counteraction of deviance is insufficient. Tests of Gibbs's control theory, based on data from sixty-six countries, add credence to his claim that control could be the central notion for sociology and perhaps for other social sciences.
The Theory and Application of Multinational Corporate Governance
by Jean Jinghan Chen Runhui LinMultinational enterprises have become a main engine of the global economy, technical advancement, and product innovation, playing a pivotal role in the world economy and the global technological revolution. However, MNEs are also often embroiled in financial fraud and corporate scandal which show that MNEs should improve their corporate governance. Meanwhile, as COVID- 19 runs rampant across the world, populism and deglobalisation have resurged, and protectionism and unilateralism are exerting negative impacts on the world economy. Achieving sustainable development in this context is a test of a company’s management and governance abilities. How should they be governed? This book will be a useful tool for university research-led teaching and fundamental research in corporate governance theories of MNEs in general, as well as using Chinese case studies as evidence to support our theoretical arguments.
Theory and Practice of Corporate Governance
by Stephen BloomfieldTheory and Practice of Corporate Governance explains how the real world of corporate governance works. It offers new definitions of governance and new conceptual models for investigating governance and corporate behaviour, based on both practical experience and academic investigation. In examining the historical development of corporate governance, it integrates issues of company law, regulatory practice and company administration with contemporary corporate governance policies and structures. An extensive range of international examples, both recent and historical, is used to compare theoretical explanations of governance behaviour with practical outcomes. The book will be particularly suitable for students taking an ICSA-accredited course - giving a necessary critical view on governance, law and regulation - and through utilising new conceptual models, it will stimulate debate among both theorists and practitioners.
The Theory and Practice of Legislation: Essays in Legisprudence (Applied Legal Philosophy)
by Luc J. WintgensThis work provides a rational framework for legislation. The unifying premise behind the essays is that, although legislation and regulation are the result of a political process, legislation and regulation can be the object of theoretical study. The volume focuses on problems that are common to most European legal systems and the approach involves applying to legislative problems the tools of legal theory - hence 'legisprudence'. Whereas traditional legal theory deals predominantly with the application of law by the judge, legisprudence enlarges the field of study so as to include the creation of law by the legislator. The original essays published in this collection expose and develop a range of new insights into the relationship between legislative problems and legal theory in a way which will engage and interest legal scholars throughout the world.
The Theory and Practice of Statutory Interpretation
by Frank B. CrossWhile issues of constitutional interpretation are often occasions of great public controversy, Cross (law, U. of Texas) argues that the interpretation of statutes is of far greater practical consequence. It this volume he reviews the theoretical arguments and empirical evidence relevant to the efforts by legal scholars to construct a systematic structure for statutory interpretation. He first presents the "delegation construct," wherein judicial authority to interpret statutes must be considered as derived from Congressional intent, even as frequent ambiguity with regard to Congressional intent is admitted. He then analyzes the leading methods and theories of statutory interpretation--textualism, legislative intent, interpretive canons, and pragmatism--particularly assessing them against the problem of willful and outcome-oriented judging. Next, he examines the practices of the Supreme Court in some 100 cases decided during the Rehnquist Court, finding pluralism in the interpretive approaches applied to cases and assessing the impact of ideological bias. Finally, he assesses the practices of lower courts, finding that textualism and pragmatism has boomed. He also finds that textualism tended to lead to negative citations that distinguished or declined to apply Supreme Court holdings, thus casting some doubt on the clarity and value of textualist interpretive methods. Annotation ©2009 Book News, Inc. , Portland, OR (booknews. com)
A Theory of Bioethics
by David DeGrazia Joseph MillumThis volume offers a carefully argued, compelling theory of bioethics while eliciting practical implications for a wide array of issues including medical assistance-in-dying, the right to health care, abortion, animal research, and the definition of death. The authors' dual-value theory features mid-level principles, a distinctive model of moral status, a subjective account of well-being, and a cosmopolitan view of global justice. In addition to ethical theory, the book investigates the nature of harm and autonomous action, personal identity theory, and the 'non-identity problem' associated with many procreative decisions. Readers new to particular topics will benefit from helpful introductions, specialists will appreciate in-depth theoretical explorations and a novel take on various practical issues, and all readers will benefit from the book's original synoptic vision of bioethics. This title is also available as Open Access on Cambridge Core.
The Theory of Collusion and Competition Policy
by Joseph E. HarringtonA review of the theoretical research on unlawful collusion, focusing on the impact and optimal design of competition law and enforcement. Collusion occurs when firms in a market coordinate their behavior for the purpose of producing a supracompetitive outcome. The literature on the theory of collusion is deep and broad but most of that work does not take account of the possible illegality of collusion. Recently, there has been a growing body of research that explicitly focuses on collusion that runs afoul of competition law and thereby makes firms potentially liable for penalties. This book, by an expert on the subject, reviews the theoretical research on unlawful collusion, with a focus on two issues: the impact of competition law and enforcement on whether, how long, and how much firms collude; and the optimal design of competition law and enforcement.The book begins by discussing general issues that arise when models of collusion take into account competition law and enforcement. It goes on to consider game-theoretic models that encompass the probability of detection and penalties incurred when convicted, and examines how these policy instruments affect the frequency of cartels, cartel duration, cartel participation, and collusive prices. The book then considers the design of competition law and enforcement, examining such topics as the formula for penalties and leniency programs. The book concludes with suggested future lines of inquiry into illegal collusion.
Theory of Cryptography: 16th International Conference, Tcc 2018, Panaji, India, November 11-14, 2018, Proceedings, Part Ii (Lecture Notes in Computer Science #11240)
by Amos Beimel Stefan DziembowskiThe two-volume set of LNCS 11239 and LNCS 11240 constitutes the revised proceedings of the 16th International Conference on Theory of Cryptography, TCC 2018, held in Panaji, India, in November 2018.The total of 50 revised full papers presented in the proceedings were carefully reviewed and selected from 168 submissions. The Theory of Cryptography Conference deals with the paradigms, approaches, and techniques used to conceptualize natural cryptographic problems and provide algorithmic solutions to them and much more.
Theory of Cryptography: 16th International Conference, TCC 2018, Panaji, India, November 11–14, 2018, Proceedings, Part II (Lecture Notes in Computer Science #11240)
by Amos Beimel Stefan DziembowskiThe two-volume set of LNCS 11239 and LNCS 11240 constitutes the revised proceedings of the 16th International Conference on Theory of Cryptography, TCC 2018, held in Panaji, India, in November 2018.The total of 50 revised full papers presented in the proceedings were carefully reviewed and selected from 168 submissions. The Theory of Cryptography Conference deals with the paradigms, approaches, and techniques used to conceptualize natural cryptographic problems and provide algorithmic solutions to them and much more.
A Theory of Deference in Administrative Law
by Paul DalyIn the modern administrative state, hundreds if not thousands of officials wield powers that can be used to the benefit or detriment of individuals and corporations. When the exercise of these powers is challenged, a great deal can be at stake. Courts are confronted with difficult questions about how to apply the general principles of administrative law in different contexts. Based on a comparative theoretical analysis of the allocation of authority between the organs of government, A Theory of Deference in Administrative Law provides courts with a methodology to apply no matter how complex the subject matter. The firm theoretical foundation of deference is fully exposed and a comprehensive doctrine of curial deference is developed for application by courts in judicial review of administrative action. A wide scope is urged, spanning the whole spectrum of government regulation, thereby ensuring wide access to public law remedies.