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Violence, Law and the Impossibility of Transitional Justice
by Catherine TurnerThe field of transitional justice has expanded rapidly since the term first emerged in the late 1990s. Its intellectual development has, however, tended to follow practice rather than drive it. Addressing this gap, Violence, Law and the Impossibility of Transitional Justice pursues a comprehensive theoretical inquiry into the foundation and evolution of transitional justice. Presenting a detailed deconstruction of the role of law in transition, the book explores the reasons for resistance to transitional justice. It explores the ways in which law itself is complicit in perpetuating conflict, and asks whether a narrow vision of transitional justice – underpinned by a strictly normative or doctrinal concept of law – can undermine the promise of justice. Drawing on case material, as well as on perspectives from a range of disciplines, including law, political science, anthropology and philosophy, this book will be of considerable interest to those concerned with the theory and practice of transitional justice.
Viral Hate: Containing Its Spread on the Internet
by Christopher Wolf Abraham H. FoxmanEmboldened by anonymity, individuals and organizations from both left and right are freely spewing hateful vitriol on the Internet without worrying about repercussions.Lies, bullying, conspiracy theories, bigoted and racist rants, and calls for violence targeting the most vulnerable circulate openly on the web.And thanks to the guarantees of the First Amendment and the borderless nature of the Internet,governing bodies are largely helpless to control this massive assault on human dignity and safety. Abe Foxman and Christopher Wolf expose the threat that this unregulated flow of bigotry poses to the world.They explore how social media companies like Facebook and YouTube, as well as search engine giant Google, are struggling to reconcile the demands of business with freedom of speech and the disturbing threat posed by today's purveyors of hate. And they explain the best tools available to citizens, parents, educators, law enforcement officers, and policy makers toprotect thetwin values of transparency and responsibility. As Foxman and Wolf show, only an aroused and engaged citizenry can stop the hate contagion before it spirals out of control - with potentially disastrous results.
Virtual Competition
by Ariel EzrachiAriel Ezrachi and Maurice Stucke take a hard look at today's app-assisted paradise of digital shopping. The algorithms and data-crunching that make online purchasing so convenient are also changing the nature of the market by shifting power into the hands of the few, with risks to competition, our democratic ideals, and our overall well-being.
Virtual Freedom
by Dawn C. NunziatoCommunications giants like Google, Comcast, and AT&T enjoy increasingly unchecked control over speech. As providers of broadband access and Internet search engines, they can control online expression. Their online content restrictions-from obstructing e-mail to censoring cablecasts-are considered legal because of recent changes in free speech law. In this book, Dawn Nunziato criticizes recent changes in free speech law in which only the government need refrain from censoring speech, while companies are permitted to self-regulate. By enabling Internet providers to exercise control over content, the Supreme Court and the FCC have failed to protect the public's right to access a broad diversity of content. Nunziato argues that regulation is necessary to ensure the free flow of information and to render the First Amendment meaningful in the twenty-first century. This book offers an urgent call to action, recommending immediate steps to preserve our free speech rights online.
Virtual Freedoms, Terrorism and the Law (Routledge-Giappichelli Studies in Law)
by Giovanna De MinicoThis book examines the risks to freedom of expression, particularly in relation to the internet, as a result of regulation introduced in response to terrorist threats. The work explores the challenges of maintaining security in the fight against traditional terrorism while protecting fundamental freedoms, particularly online freedom of expression. The topics discussed include the clash between freedom of speech and national security; the multijurisdictional nature of the internet and the implications for national sovereignty and transnational legal structures; how to determine legitimate and illegitimate association online; and the implications for privacy and data protection. The book presents a theoretical analysis combined with empirical research to demonstrate the difficulty of combatting internet use by terror organizations or individuals and the range of remedies that might be drawn from national and international law. The work will be essential reading for students, researchers and policy makers in the areas of Constitutional law; Criminal Law, European and International law, Information and Technology law and Security Studies.
Virtual Justice
by Greg LastowkaTens of millions of people today are living part of their life in a virtual world. In places like World of Warcraft, Second Life, and Free Realms, people are making friends, building communities, creating art, and making real money. Business is booming on the virtual frontier, as billions of dollars are paid in exchange for pixels on screens. But sometimes things go wrong. Virtual criminals defraud online communities in pursuit of real-world profits. People feel cheated when their avatars lose virtual property to wrongdoers. Increasingly, they turn to legal systems for solutions. But when your avatar has been robbed, what law is there to assist you? InVirtual Justice,Greg Lastowka illustrates the real legal dilemmas posed by virtual worlds. Presenting the most recent lawsuits and controversies, he explains how governments are responding to the chaos on the cyberspace frontier. After an engaging overview of the history and business models of today's virtual worlds, he explores how laws of property, jurisdiction, crime, and copyright are being adapted to pave the path of virtual law. Virtual worlds are becoming more important to society with each passing year. This pioneering study will be an invaluable guide to scholars of online communities for years to come.
Virtual Law Practice: How to Deliver Legal Services Online
by Stephanie L. KimbroThe legal market has recently experienced a dramatic shift as lawyers seek out alternative methods of practicing law and providing more affordable legal services. Virtual law practice is revolutionizing the way the public receives legal services and how legal professionals work with clients. Stephanie Kimbro's practical guide teaches lawyers how to set up and run a virtual law firm. It provides case studies of individual virtual law practices along with client scenarios to show how web-based technology may be used by legal professionals to work with online clients and avoid malpractice risks.
Virtual Searches: Regulating the Covert World of Technological Policing
by Christopher SloboginChoice Outstanding Academic Title 2023A close look at innovations in policing and the law that should govern themA host of technologies—among them digital cameras, drones, facial recognition devices, night-vision binoculars, automated license plate readers, GPS, geofencing, DNA matching, datamining, and artificial intelligence—have enabled police to carry out much of their work without leaving the office or squad car, in ways that do not easily fit the traditional physical search and seizure model envisioned by the framers of the Constitution. Virtual Searches develops a useful typology for sorting through this bewildering array of old, new, and soon-to-arrive policing techniques. It then lays out a framework for regulating their use that expands the Fourth Amendment’s privacy protections without blindly imposing its warrant requirement, and that prioritizes democratic over judicial policymaking. The coherent regulatory regime developed in Virtual Searches ensures that police are held accountable for their use of technology without denying them the increased efficiency it provides in their efforts to protect the public. Whether policing agencies are pursuing an identified suspect, constructing profiles of likely perpetrators, trying to find matches with crime scene evidence, collecting data to help with these tasks, or using private companies to do so, Virtual Searches provides a template for ensuring their actions are constitutionally legitimate and responsive to the polity.
Virtual Worlds and Criminality
by Dieter Hermann Kai Cornelius, LL.M.The fusion between virtuality and reality has created a new quality of experience establishing metaverses and virtual worlds. Second Life, Twinity, Entropia Universe or Fregger have experienced rapid growth in recent years and show no signs of slowing down. Not only have countless companies discovered these "virtureal worlds" as marketplaces, but so have fraudsters and other criminals. In this book, European experts from different academic disciplines show how to meet the new challenges arising from virtual worlds. They discuss the reasons for and the impacts of these new forms of criminality as well as the necessity and means of combating them. Moreover, other fundamental issues are examined, such as the addictive potential of virtual-world use, media violence, and conflict resolution problems arising in the context of virtual worlds.
Virtue Epistemology Naturalized: Bridges Between Virtue Epistemology and Philosophy of Science (Synthese Library #366)
by Abrol FairweatherThis book presents four bridges connecting work in virtue epistemology and work in philosophy of science (broadly construed) that may serve as catalysts for the further development of naturalized virtue epistemology. These bridges are: empirically informed theories of epistemic virtue; virtue theoretic solutions to under determination; epistemic virtues in the history of science; and the value of understanding.Virtue epistemology has opened many new areas of inquiry in contemporary epistemology including: epistemic agency, the role of motivations and emotions in epistemology, the nature of abilities, skills and competences, wisdom and curiosity.Value driven epistemic inquiry has become quite complex and there is a need for a responsible and rigorous process of constructing naturalized theories of epistemic virtue. This volume makes the involvement of the sciences more explicit and looks at the empirical aspect of virtue epistemology.Concerns about virtue epistemology are considered in the essays contained here, including the question: can any virtue epistemology meet both the normativity constraint and the empirical constraint? The volume suggests that these worries should not be seen as impediments but rather as useful constraints and desiderata to guide the construction of naturalized theories of epistemic virtue.
Virtue Ethics and Human Enhancement
by Barbro FrödingThis book shows how pressing issues in bioethics - e.g. the ownership of biological material and human cognitive enhancement - successfully can be discussed with in a virtue ethics framework. This is not intended as a complete or exegetic account of virtue ethics. Rather, the aim here is to discuss how some key ideas in Aristotle's Nicomachean Ethics, when interpreted pragmatically, can be a productive way to approach some hot issues in bioethics. In spite of being a very promising theoretical perspective virtue ethics has so far been underdeveloped both in bioethics and neuroethics and most discussions have been conducted in consequentialist and/or deontological terms.
Virtue Ethics and Professional Journalism
by Aaron QuinnThis book examines the moral role of news media practitioners and organizations, and applies a modified philosophical account of Virtue Ethics as a framework for the role of journalists—and journalism organizations—in public life. It shows how journalists and news organizations that adopt an aim towards professional excellence (virtue) by putting a premium on investigative journalism—with both large and small measures depending on the nature of the reporting—can achieve lofty professional goals under modern deadlines. The news media, both electronic and traditional, are imperative to an informed public, and an informed public is critical to a properly functioning cross-section of social, government and corporate domains. The book emphasizes the virtues of justice and integrity as foundational to professional practice. It examines the modern ethical challenges presented by organizations ranging from online upstarts to massive media conglomerates, each that have economic challenges that can inhibit professional excellence through corruption or corrosion. The author applies his account of virtue—bolstered by suggestions for complementary reforms in education and regulation—to improve an ethically challenged industry as it undergoes significant technological change.
Virtue Ethics and the Environment (Routledge Environmental Ethics)
by Dominika DzwonkowskaThis book addresses one of today’s most burning issues, namely the environmental crisis, by offering an insight into the problem from the perspective of virtue ethics.Virtue ethics is an approach to ethics that centralizes the concept of moral virtue, which can be extended to environmental ethics via environmental virtue ethics (EVE). Beginning with a comprehensive overview, the book explores the renaissance of contemporary virtue ethics and the beginnings of EVE in the second half of the 20th century and presents the main characteristics, proponents, and criticisms of EVE. The book then goes on to analyze its development by distinguishing the three most influential concepts: the classical; the naturalistic, teleological, and pluralistic; and the narrative conception of environmental virtue ethics. The author also discusses the most influential works on EVE, including a revision of Louke van Wensveen’s postulate to use virtue language in environmental ethics. By synthesizing such works on EVE alongside an analysis of the three most important concepts, the book offers a new concept that is universalistic, positive, and pragmatic.The book will be useful for students, scholars, and researchers studying environmental ethics, sustainable development, environmental psychology, moral philosophy, and philosophy of education.
Virtue Ethics in Social Work Practice
by Manohar Pawar Richard Hugman A. W. Anscombe Amelia WheelerUsing evidence from research with practitioners, integrated with wider material about virtue ethics in the helping professions, this book explores important types of virtue that are central to developing and sustaining excellence in social work. Comprised of ten chapters and drawing on extensive research with social workers as well as wider debates and analysis, the discussion carefully concentrates on everyday experiences and achievements. This approach enables the book to avoid an idealized and prescriptive approach by making clear that virtues vary between contexts and individuals, while at the same time clearly marking out qualities and characteristics of social work that are foundational to the development of practitioners and of the profession as a whole. It will be required reading for students on all BSc/BSW and MSc/MSW courses on professional ethics or preparation for practice. It will also be of interest to practitioners in other professions, including human services, health, education and social development or development studies.
Virtue Ethics: A Pluralistic View
by Christine SwantonChristine Swanton offers a new, comprehensive theory of virtue ethics which addresses the major concerns of modern ethical theory from a character-based perspective. Discussion of many problems in moral theory, such as moral constraints, rightness of action, the good life, the demandingness of ethics, the role of the subjective, and the practicality of ethics, has been dominated by Kantian and Consequentialist theories, with their own distinctive conceptual apparatus. Virtue Ethics shows how a different framework can shed new light on these intractable issues. Swanton's approach is distinctive in departing in significant ways from classical versions of virtue ethics derived primarily from Aristotle. Employing insights from Nietzsche and other sources, she argues against both eudaimonistic virtue ethics and traditional virtue ethical conceptions of rightness. In developing a pluralistic view, she shows how different modes of moral acknowledgement' such as love, respect, appreciation, and creativity, are embedded in the very fabric of virtue, the moral life, and the good life.
Virtue Ethics: Retrospect and Prospect
by Elisa GrimiThe rise of the phenomenon of virtue ethics in recent years has increased at a rapid pace. Such an explosion carries with it a number of great possibilities, as well as risks. This volume has been written to contribute a multi-faceted perspective to the current conversation about virtue. Among many other thought-provoking questions, the collection addresses the following: What are the virtues, and how are they enumerated? What are the internal problems among ethicists, and what are the objections and replies to contemporary virtue ethics? Additionally, the practical implications following from the answers to these questions are discussed in new and fascinating research. Fundamental concepts such as teleology and eudaimonism are addressed from both a historical and dialectical approach. This tome will contribute not only to providing further clarity to the current horizons in virtue ethics, but also to the practical conclusion following from the study: to challenge the reader toward a greater pursuit of the virtuous life.
Virtue and Meaning: A Neo-Aristotelian Perspective
by David McPhersonThe revival of Aristotelian virtue ethics can be seen as a response to the modern problem of disenchantment, that is, the perceived loss of meaning in modernity. However, in Virtue and Meaning, David McPherson contends that the dominant approach still embraces an overly disenchanted view. In a wide-ranging discussion, McPherson argues for a more fully re-enchanted perspective that gives better recognition to the meanings by which we live and after which we seek, and to the fact that human beings are the meaning-seeking animal. In doing so, he defends distinctive accounts of the relationship between virtue and happiness, other-regarding demands, and the significance of linking neo-Aristotelian virtue ethics with a view of the meaning of life and a spiritual life where contemplation has a central role. This book will be valuable for philosophers and other readers who are interested in virtue ethics and the perennial question of the meaning of life.
Virtue and Vice in Popular Film (Routledge Focus on Film Studies)
by Joseph H. KupferThis book addresses a prominent group of virtues and vices as portrayed in popular films to further our understanding of these moral character traits. The discussions emphasize the interplay between the philosophical conception of the virtues and vices and the cinematic representations of character. Joseph H. Kupfer explores how fictional characters possessing certain moral strengths and weaknesses concretize our abstract understanding of them. Because the actions that flow from these traits occur in cinematic contexts mirroring real world conditions, the narrative portrayals of these moral characteristics can further our appreciation of their import. Humility, integrity, and perseverance, for example, are depicted in Chariots of Fire, The Fabulous Baker Boys, and Billy Elliot, while the vices of envy, arrogance and vanity are captured in Amadeus, Whiplash, and Young Adult. This interdisciplinary work in philosophy and film criticism will be of great interest to scholars and students of film studies, philosophy of film, ethics, aesthetics, and popular culture.
Virtue and Vice, Moral and Epistemic (Metaphilosophy #13)
by Heather BattalyVirtue and Vice, Moral and Epistemic presents a series of essays by leading ethicists and epistemologists who offer the latest thinking on the moral and intellectual virtues and vices, the structure of virtue theory, and the connections between virtue and emotion. Cuts across two fields of philosophical inquiry by featuring a dual focus on ethics and epistemology Features cutting-edge work on the moral and intellectual virtues and vices, the structure of virtue theory, and the connections between virtue and emotion Presents a radical new moral theory that makes exemplars the foundation of ethics; and new theories of epistemic vices such as epistemic malevolence and epistemic self-indulgence Represents one of the few collections to address both the moral virtues and the epistemic virtues Explores a new approach in epistemology - virtue epistemology - which emphasizes the importance of intellectual character traits
Virtue and the Making of Modern Liberalism (New Forum Books #23)
by Peter BerkowitzVirtue has been rediscovered in the United States as a subject of public debate and of philosophical inquiry. Politicians from both parties, leading intellectuals, and concerned citizens from diverse backgrounds are addressing questions about the content of our character. William Bennett's moral guide for children, A Book of Virtues, was a national bestseller. Yet many continue to associate virtue with a prudish, Victorian morality or with crude attempts by government to legislate morals. Peter Berkowitz clarifies the fundamental issues, arguing that a certain ambivalence toward virtue reflects the liberal spirit at its best. Drawing on recent scholarship as well as classical political philosophy, he makes his case with penetrating analyses of four central figures in the making of modern liberalism: Hobbes, Locke, Kant, and Mill. These thinkers are usually understood to have neglected or disparaged virtue. Yet Berkowitz shows that they all believed that government resting on the fundamental premise of liberalism--the natural freedom and equality of all human beings--could not work unless citizens and officeholders possess particular qualities of mind and character. These virtues, which include reflective judgment, sympathetic imagination, self-restraint, the ability to cooperate, and toleration do not arise spontaneously but must be cultivated. Berkowitz explores the various strategies the thinkers employ as they seek to give virtue its due while respecting individual liberty. Liberals, he argues, must combine energy and forbearance, finding public and private ways to support such nongovernmental institutions as the family and voluntary associations. For these institutions, the liberal tradition powerfully suggests, play an indispensable role not only in forming the virtues on which liberal democracy depends but in overcoming the vices that it tends to engender. Clearly written and vigorously argued, this is a provocative work of political theory that speaks directly to complex issues at the heart of contemporary philosophy and public discussion. New Forum Books makes available to general readers outstanding, original, interdisciplinary scholarship with a special focus on the juncture of culture, law, and politics. New Forum Books is guided by the conviction that law and politics not only reflect culture, but help to shape it. Authors include leading political scientists, sociologists, legal scholars, philosophers, theologians, historians, and economists writing for nonspecialist readers and scholars across a range of fields. Looking at questions such as political equality, the concept of rights, the problem of virtue in liberal politics, crime and punishment, population, poverty, economic development, and the international legal and political order, New Forum Books seeks to explain--not explain away--the difficult issues we face today.
Virtue as Social Intelligence: An Empirically Grounded Theory
by Nancy E. SnowVirtue as Social Intelligence: An Empirically Grounded Theory takes on the claims of philosophical situationism, the ethical theory that is skeptical about the possibility of human virtue. Influenced by social psychological studies, philosophical situationists argue that human personality is too fluid and fragmented to support a stable set of virtues. They claim that virtue cannot be grounded in empirical psychology. This book argues otherwise. Drawing on the work of psychologists Walter Mischel and Yuichi Shoda, Nancy E. Snow argues that the social psychological experiments that philosophical situationists rely on look at the wrong kinds of situations to test for behavioral consistency. Rather than looking at situations that are objectively similar, researchers need to compare situations that have similar meanings for the subject. When this is done, subjects exhibit behavioral consistencies that warrant the attribution of enduring traits, and virtues are a subset of these traits. Virtue can therefore be empirically grounded and virtue ethics has nothing to fear from philosophical situationism.
Virtue in Business
by Edwin M. HartmanThe virtue approach to business ethics is a topic of increasing importance within the business world. Focusing on Aristotle's theory that the virtues of character, rather than actions, are central to ethics, Edwin Hartman introduces readers of this book to the value of applying Aristotle's virtue approach to business. Using numerous real-world examples, he argues that business leaders have good reason to take character seriously when explaining and evaluating individuals in organisations. He demonstrates how the virtue approach can deepen our understanding of business ethics, and how it can contribute to contemporary discussions of character, rationality, corporate culture, ethics education and global ethics. Written by one of the foremost Aristotelian scholars working in the field today, this authoritative introduction to the role of virtue ethics in business is a valuable primer for graduate students and academic researchers in business ethics, applied ethics and philosophy.
Virtue in Global Governance: Judgment and Discretion (Cambridge Studies in International and Comparative Law)
by Jan KlabbersSince rules - legal, ethical or otherwise - cannot determine their own application, they require persons of flesh and blood to interpret and apply them in concrete cases. Presidents and prime ministers, judges, prosecutors, mediators, leaders of international organizations, and even religious leaders and public intellectuals make decisions on how best to understand rules and how best to apply them. It stands to reason that their character traits influence the sort of decisions they take. This book provides the first systematic framework for discussing global governance in terms of the virtues, and illustrates it with a number of detailed examples of concrete decision-making in specific situations. Virtue in Global Governance combines insights from law, ethics, and global governance studies in developing a unique approach to global governance and international law.
Virtue, Narrative, and Self: Explorations of Character in the Philosophy of Mind and Action (Routledge Studies in Ethics and Moral Theory)
by Joseph Ulatowski; Liezl van ZylVirtue, Narrative, and Self connects two philosophical areas of study that have long been treated as distinct: virtue theory and narrative accounts of personal identity. Chapters address several important issues and neglected themes at the intersection of these research areas. Specific examples include the role of narrative in the identification, differentiation, and cultivation of virtue, the nature of practical reasoning and moral competence, and the influence of life’s narrative structure on our conceptions of what it means to live and act well. This volume demonstrates how recent work from the philosophy of mind and action concerning narrativity and our understanding of the self can shed new light on questions about the nature of virtue, practical wisdom, and human flourishing. This book will be of interest to scholars and advanced students working in virtue theory, moral philosophy, philosophy of mind and action, and moral education.
Virtuelle Mitarbeiterbeteiligung: Grundlagen, Aufbau und praktische Formulierungsbeispiele (essentials)
by Christopher HahnDas essential vermittelt einen Einblick in den Aufbau, die Funktionsweise und typische Regelungen eines ,,Virtual Share"-Programms zur Mitarbeiterbeteiligung. Der Autor erläutert die Bedeutung der Mitarbeiterbeteiligung als Bestandteil einer zeitgemäßen Unternehmenskultur sowie die Notwendigkeit für junge Unternehmen, ihren strategisch wichtigen key persons besondere Incentives zu bieten, mit denen der Verzicht auf ein höheres Gehalt und Sicherheit im Vergleich zu einer Beschäftigung in einem etablierten Unternehmen kompensiert werden kann. Die virtuelle Mitarbeiterbeteiligung als ein solches Incentive lässt sich rechtlich einfach und schnell umsetzen, und die gesellschaftsrechtliche Position der Gründer und Investoren bleibt davon grundsätzlich unberührt. Das essential enthält zahlreiche Musterformulierungen, die die Umsetzung in die Praxis erleichtern.