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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.
A Theory of Fairness and Social Welfare
by Marc Fleurbaey François ManiquetThe definition and measurement of social welfare have been a vexed issue for the past century. This book makes a constructive, easily applicable proposal and suggests how to evaluate the economic situation of a society in a way that gives priority to the worse-off and that respects each individual's preferences over his or her own consumption, work, leisure, and so on. This approach resonates with the current concern to go "beyond the GDP" in the measurement of social progress. Compared to technical studies in welfare economics, this book emphasizes constructive results rather than paradoxes and impossibilities, and shows how one can start from basic principles of efficiency and fairness and end up with concrete evaluations of policies. Compared to more philosophical treatments of social justice, this book is more precise about the definition of social welfare and reaches conclusions about concrete policies and institutions only after a rigorous derivation from clearly stated principles.
A Theory of Intergenerational Justice
by Joerg Chet TremmelThe appeal to 'our obligations to future generations' is one of the most forceful, emotional and effective arguments available to politicians and citizens and is the cornerstone of all modern policies aimed at sustainable development. Yet, the exact nature and extent of these obligations are unclear - who owes what to whom, exactly, and why? This highly accessible book provides an extensive and comprehensive overview of current research and theory about why and how we should protect future generations. It exposes how and why the interests of people today and those of future generations are often in conflict and what can be done. It rebuts critical concepts such as Parfits' 'non-identity' paradox and Beckerman's denial of any possibility of intergenerational justice. The core of the book is the lucid application of a 'veil of ignorance' to derive principles of intergenerational justice which show that our duties to posterity are stronger than is often supposed. Tremmel's approach demands that each generation both consider and improve the well-being of future generations. To measure the well-being of future generations Tremmel employs the Human Development Index rather than the metrics of utilitarian subjective happiness. The book thus answers in detailed, concrete terms the two most important questions of every theory of intergenerational justice: 'what to sustain' and 'how much to sustain?' Ultimately this book provides a theory of intergenerational justice that is both intellectually robust and practical with wide applicability to law, policy, economics, climate change and all other contexts that affect future generations.
A Theory of Justice (Original Edition)
by John RawlsThough the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.
Theory of Legal Evidence - Evidence in Legal Theory (Law and Philosophy Library #138)
by Verena Klappstein Maciej DybowskiThis book addresses theoretical problems concerning legal evidence. The concept of evidence is expected to fulfill a number of distinct roles in science and philosophy, but also in legal theory and law, some of which are complementary, while others are conflicting. In their profession, lawyers have to deal with evidence and proof. Yet the legal concept of evidence is constantly changing, and the debate concerning the distinction between a legal concept of evidence, the ordinary concept of evidence and the concept of evidence in science is far from being settled. What is more, the problem of evidence is central to both epistemology and the philosophy of science, and by extension to our academic thinking on law. In short, legal theorists’ interest in evidence may include such diverse objects as a bloody knife, sensory data, linguistic entities or psychologically recognized beliefs. The book surveys selected theoretical roles that the concept of evidence plays and explores their relations and interconnections. The content is divided into three parts, investigating: (1) evidence in epistemology and the philosophy of science, which focuses on evidence methodologies and the problem of proof in legal scholarship; (2) evidence in legal theory and legal philosophy, where particular attention is paid to the interplay between evidence, legal reasoning and the binding force of such reasoning; and (3) evidence in law, where theoretical problems pertaining to witnesses, expert opinions, explanations of the accused, statistical evidence and neuroscientific evidence are examined.
A Theory of Legal Obligation
by Stefano BerteaThe focus of this monograph lies in the construction of a theory of legal obligation, understanding it as a discrete notion with its own defining traits. In this work, Bertea specifically addresses the question: how should legal obligation be distinctively conceptualized? The conceptualization of legal obligation he defends in this work gradually emerges from a critical assessment of the theories of legal obligation that have been most influential in the contemporary legal-theoretical debate. Building on such critical analysis, Bertea's study purports to offer a novel and unconventional conceptualization of legal obligation, which is characterized as a law-engendered intersubjective reason for carrying out certain courses of conduct.
A Theory of Legal Punishment: Deterrence, Retribution, and the Aims of the State (Routledge Research in Legal Philosophy)
by Matthew C. AltmanThis book argues for a mixed theory of legal punishment that treats both crime reduction and retribution as important aims of the state. A central question in the philosophy of law is why the state’s punishment of its own citizens is justified. Traditionally, two theories of punishment have dominated the field: consequentialism and retributivism. According to consequentialism, punishment is justified when it maximizes positive outcomes. According to retributivism, criminals should be punished because they deserve it. This book recognizes the strength of both positions. According to the two-tiered model, the institution of punishment and statutory penalties, as set by the legislature, are justified based on their costs and benefits, in terms of deterrence and rehabilitation. The law exists to preserve the public order. Criminal courts, by contrast, determine who is punished and how much based on what offenders deserve. The courts express the community’s collective sense of resentment at being wronged. This book supports the two-tiered model by showing that it accords with our moral intuitions, commonly held (compatibilist) theories of freedom, and assumptions about how the extent of our knowledge affects our obligations. It engages classic and contemporary work in the philosophy of law and explains the theory’s advantages over competing approaches from retributivists and other mixed theorists. The book also defends consequentialism against a longstanding objection that the social sciences give us little guidance regarding which policies to adopt. Drawing on recent criminological research, the two-tiered model can help us to address some of our most pressing social issues, including the death penalty, drug policy, and mass incarceration. This book will be of interest to philosophers, legal scholars, policymakers, and social scientists, especially criminologists, economists, and political scientists.
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.