Legal Reason describes and explains analogical reasoning, the distinctive feature of legal argument. It challenges the prevailing view that analogical reasoning is a logically flawed, defective form of deductive reasoning. Drawing on work in epistemology and cognitive psychology, the book shows that analogical reasoning in the law is the same as that used by everyone routinely in ordinary life, and that it is a valid form of reasoning, derived from the innate human capacity to recognize the general in the particular. The use of analogical reasoning in law is dictated by the nature of law, which calls for the application of general rules to particular facts. Critiques of the first edition of the book are addressed directly and objections answered in a new chapter. Written for scholars, students, and persons interested in law, Legal Reason is written in accessible prose, with examples drawn from the law and everyday experience.
This collection brings together leading experts in a number of fields of the humanities to offer a new perspective on the classical tradition. Drawing on reception studies, philology and early modern studies, the essays explore the interaction between literary criticism and the multiple cultural contexts in which texts were produced, discovered, appropriated and translated. The intersection of Realpolitik and textual criticism, poetic and musical aesthetics, and authority and self-fashioning all come under scrutiny. The canonical Latin writers and their subsequent reception form the backbone of the volume, with a focus on the European Renaissance. It thus marks a reconnection between classical and early modern studies and the concomitant rapprochement of philological and cultural historical approaches to texts and other works of art. This book will be of interest to scholars in classics, Renaissance studies, comparative literature, English, Italian and art history.
Drawing inspiration from sources as varied as Sappho and Rumi, Marilyn Hacker and Dionne Brand, Slip is both an examination of the nature of love and an exploration of form. Contrasting the extreme, e
Drawing together leading legal historians from a range of jurisdictions and cultures, this collection of essays addresses the fundamental methodological underpinning of legal history research. Via a broad chronological span and a wide range of topics, the contributors explore the approaches, methods and sources that together form the basis of their research and shed light on the complexities of researching into the history of the law. By exploring the challenges posed by visual, unwritten and quasi-legal sources, the difficulties posed by traditional archival material and the novelty of exploring the development of legal culture and comparative perspectives, the book reveals the richness and dynamism of legal history research.
The Postcolonial Unconscious is a major attempt to reconstruct the whole field of postcolonial studies. In this magisterial and, at times, polemical study, Neil Lazarus argues that the key critical concepts that form the very foundation of the field need to be re-assessed and questioned. Drawing on a vast range of literary sources, Lazarus investigates works and authors from Latin America and the Caribbean, Africa and the Arab world, South, Southeast and East Asia, to reconsider them from a postcolonial perspective. Alongside this, he offers bold new readings of some of the most influential figures in the field: Fredric Jameson, Edward Said and Frantz Fanon. A tour de force of postcolonial studies, this book will set the agenda for the future, probing how the field has come to develop in the directions it has and why and how it can grow further.
Written for advanced undergraduate and graduate students, this is the first textbook on international relations theory to take a specifically game-theoretic approach to the subject, and provide the material needed for students to understand the subject thoroughly, from its basic foundations to more complex models. International relations theory is presented and analysed using simple games, which allow students to grasp the concepts and mechanisms involved with the rationalist approach without the distraction of complicated mathematics. Chapter exercises reinforce key concepts and guide students to extend the models discussed. Drawing examples from international security, international political economy, and environmental negotiations, this introductory textbook examines a broad array of topics in international relations courses, including state preferences, normal form games, bargaining, uncertainty and communication, multilateral cooperation, and the impact of domestic politics.
Arbitration has become an increasingly important mechanism for dispute resolution, both in the domestic and international setting. Despite its importance as a form of state-sanctioned dispute resolution, it has largely remained outside the spotlight of constitutional law. This landmark work represents one of the first attempts to synthesize the fields of arbitration law and constitutional law. Drawing on the author's extensive experience as a scholar in arbitration law who has lectured and studied around the world, the book offers unique insights into how arbitration law implicates issues such as separation of powers, federalism and individual liberties.
Administrative bodies, not legislatures, are the primary lawmakers in our society. This book develops a theory to explain this fact based on the concept of trust. Drawing upon Law, History and Social Science, Edward H. Stiglitz argues that a fundamental problem of trust pervades representative institutions in complex societies. Due to information problems that inhere to complex societies, the public often questions whether the legislature is acting on their behalf―or is instead acting on the behalf of narrow, well-resourced concerns. Administrative bodies, as constrained by administrative law, promise procedural regularity and relief from aspects of these information problems. This book addresses fundamental questions of why our political system takes the form that it does, and why administrative bodies proliferated in the Progressive Era. Using novel experiments, it empirically supports this theory and demonstrates how this vision of the state clarifies prevailing legal and policy deb
In those moments when focus on creative work overrides input from the outside world, we are in a creative trance. This psychologically significant altered state of consciousness is inherent in everyone. It can take the form of daydreams generating scientific or creative ideas, hyperfocus in sports, visualizations that impact entire civilizations, life-changing audience experiences, or meditations for self-transformation that may access states beyond trance, becoming gateways to transcendence. Artist and psychologist Tobi Zausner shows how creative trance not only operates in scientific inventions and works of art in all media, but is also important in creating and recreating the self. Drawing on insights from cognitive neuroscience, clinical psychology and post-materialist psychology, this book investigates the diversity of the creative trance ranging from non-industrial societies to digital urban life, and its presence in people from all backgrounds and abilities. Finally, Zausner inv
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.
Discover the true meaning of dog behavior to form the deepest bond with your canine companion.What does it really mean when a dog rolls over and shows their tummy? They're not always looking for a belly rub...Drawing on the latest research in dog psychology, this book reveals the secret meanings behind more than 80 canine behaviors, including the seven types of dog greetings and why some dogs eat your underwear!Packed with dog watching tips and positive reinforcement training advice, this book will help you keep your dog happy, stimulated - and adorable!
Drawing on macro-historical sociological theories, this book traces the development of intellectual property as a new type of legal property in the modern nation-state system. In its current form, intellectual property is considered part of an infrastructure of state power that incentivizes innovation, creativity, and scientific development, all engines of economic growth. To show how this infrastructure of power emerged, Laura Ford follows macro-historical social theorists, including Michael Mann and Max Weber, back to antiquity, revealing that legal instruments very similar to modern intellectual property have existed for a long time and have also been deployed for similar purposes. Using comparative and historical evidence, this groundbreaking work reflects on the role of intellectual property in our contemporary political communities and societies; on the close relationship between law and religion; and on the extent to which law's obliging force depends on ancient, written traditi
In this innovative and important study, Heather Tilley examines the huge shifts that took place in the experience and conceptualisation of blindness during the nineteenth century, and demonstrates how new writing technologies for blind people had transformative effects on literary culture. Considering the ways in which visually-impaired people used textual means to shape their own identities, the book argues that blindness was also a significant trope through which writers reflected on the act of crafting literary form. Supported by an illuminating range of archival material (including unpublished letters from Wordsworth's circle, early ophthalmologic texts, embossed books, and autobiographies) this is a rich account of blind people's experience, and reveals the close, and often surprising personal engagement that canonical writers had with visual impairment. Drawing on the insights of disability studies and cultural phenomenology, Tilley highlights the importance of attending to embod
In those moments when focus on creative work overrides input from the outside world, we are in a creative trance. This psychologically significant altered state of consciousness is inherent in everyone. It can take the form of daydreams generating scientific or creative ideas, hyperfocus in sports, visualizations that impact entire civilizations, life-changing audience experiences, or meditations for self-transformation that may access states beyond trance, becoming gateways to transcendence. Artist and psychologist Tobi Zausner shows how creative trance not only operates in scientific inventions and works of art in all media, but is also important in creating and recreating the self. Drawing on insights from cognitive neuroscience, clinical psychology and post-materialist psychology, this book investigates the diversity of the creative trance ranging from non-industrial societies to digital urban life, and its presence in people from all backgrounds and abilities. Finally, Zausner inv
Intelligence services form an important but controversial part of the modern state. Drawing mainly on British and American examples, this book provides an analytic framework for understanding the 'intelligence community' and assessing its value. The author, a former senior British intelligence officer, describes intelligence activities, the purposes which the system serves, and the causes and effects of its secrecy. He considers 'intelligence failure' and how organisation and management can improve the chances of success. Using parallels with the information society and the current search for efficiency in public administration as a whole, the book explores the issues involved in deciding how much intelligence is needed and discusses the kinds of management necessary. In his conclusions Michael Herman discusses intelligence's national value in the post-Cold War world. He also argues that it has important contributions to make to international security, but that its threat-inducing acti
An invaluable tool for beginning students as well as advanced artists, this practical handbook focuses on methods of drawing using the human figure as form.?Loaded with practical illustrations, this h
Feeling and Form in Social Life shows how a vigorous and practical science of society can be built. Drawing in part from the philosophy of Susanne Langer, Lloyd Sandelands reveals human societies to b
This collection brings together leading experts in a number of fields of the humanities to offer a new perspective on the classical tradition. Drawing on reception studies, philology and early modern studies, the essays explore the interaction between literary criticism and the multiple cultural contexts in which texts were produced, discovered, appropriated and translated. The intersection of Realpolitik and textual criticism, poetic and musical aesthetics, and authority and self-fashioning all come under scrutiny. The canonical Latin writers and their subsequent reception form the backbone of the volume, with a focus on the European Renaissance. It thus marks a reconnection between classical and early modern studies and the concomitant rapprochement of philological and cultural historical approaches to texts and other works of art. This book will be of interest to scholars in classics, Renaissance studies, comparative literature, English, Italian and art history.
A thought-provoking examination of how explanations of social and moral development inform our understandings of morality and culture. A common theme in the latter part of the twentieth century has been to lament the moral state of American society and the decline of morality among youth. A sharp turn toward an extreme form of individualism and a lack of concern for community involvement and civic participation are often blamed for the moral crisis. Turiel challenges these views, drawing on a large body of research from developmental psychology, anthropology, sociology as well as social events, political movements, and journalistic accounts of social and political struggles. Turiel shows that generation after generation has lamented the decline of society and blamed young people. Using historical accounts, he persuasively argues that such characterizations of moral decline entail stereotyping, nostalgia for times past, and a failure to recognize the moral viewpoint of those who challe
A full understanding of the developmental process in individuals requires contributions from disciplines including developmental biology and psychology, physiology, neuropsychology, social psychology, sociology, and anthropology. This ambitious and wide-ranging book integrates the findings from these and related areas to form a holistic view of human development from conception to death. Distinguished scientists have combined their expertise in a synthesis of biological and social sciences that will demand the attention of all researchers and practitioners concerned with human development across the lifespan. Based on a Nobel symposium, the topics discussed range from the function and development of single cells to the whole organism interacting with its environment. Drawing upon new theories and models, including the study of nonlinear dynamic systems and chaos theory, this book represents a major step in the move towards an integrated science of human development.
