Constitutional orders constitute political communities-and international orders deriving from them-by managing conflicts that threaten peace. This book explores how a European political community can
The high civilian death toll in modern, protracted conflicts such as those in Syria or Iraq indicate the limits of international law in offering protections to civilians at risk. A recent conference o
The purpose of the jus ad bellum is to draw a line in the sand: thus far, but no further. In the light of modern warfare, a State should today have an explicitly recognised and undisputed right of del
This book explores the often neglected, but overwhelmingly common, everyday vulnerability of those who support the smooth functioning of contemporary societies: paid domestic workers. With a focus on the multiple disadvantages these - often migrant - workers face when working and living in Europe, the book investigates the role of law in producing, reinforcing - or, alternatively, attenuating - vulnerability to exploitation. It departs from approaches that focus on extreme abuse such as 'modern' slavery or trafficking, to consider the much more widespread day-to-day vulnerabilities created at the intersection of different legal regimes.The book, therefore, examines issues such as low wages, unregulated working time, dismissals and the impact of migration status on enforcing rights at work. The complex legal regimes regulating migrant domestic labour in Europe include migration and labour law sources at different levels: international, national and, as this book demonstrates, also EU. W
Within regional and universal international legal instruments, the concept of vulnerability has not been definitively interpreted. This book analyzes the work of both the European Union and the Counci
This volume examines comparatively the views and principles of seven prominent ethical traditions on one of the most pressing issues of modern politics - the making and unmaking of state and national boundaries. The traditions represented are Judaism, Christianity, Islam, natural law, Confucianism, liberalism and international law. Each contributor, an expert within one of these traditions, shows how that tradition can handle the five dominant methods of altering state and national boundaries: conquest, settlement, purchase, inheritance and secession. Written by a distinguished group of international specialists this volume is unique in providing both in-depth normative and comparative perspectives on a troubling question that will offer readers real insight into inter-tradition conflict. Those readers will range from upper-level undergraduates to scholars in such fields as philosophy, political science, international relations and comparative religion.
Michel de Montaigne (1533–1592), the great Renaissance skeptic and pioneer of the essay form, is known for his innovative method of philosophical inquiry which mixes the anecdotal and the personal with serious critiques of human knowledge, politics and the law. He is the first European writer to be intensely interested in the representations of his own intimate life, including not just his reflections and emotions but also the state of his body. His rejection of fanaticism and cruelty and his admiration for the civilizations of the New World mark him out as a predecessor of modern notions of tolerance and acceptance of otherness. In this volume an international team of contributors explores the range of his philosophy and also examines the social and intellectual contexts in which his thought was expressed.
Eight distinguished experts from a wide range of disciplines consider the nature and the use of evidence in the modern world. Peter Lipton begins the book by analysing evidence in general philosophical terms. Carlo Ginzurg then examines the ambiguities of historical evidence. Vincent Courtillot analyses the evidence for cataclysmic geological change. Monica Grady considers the evidence for life in space. Brian Greene discusses superstring theory and the quest for a unified theory of the universe. Philip Dawid explores the uses and abuses of statistical evidence in landmark legal cases while Cherie Booth looks at the role of evidence in domestic and international law. In the final chapter Karen Armstrong considers the role of evidence in religious belief.
Humanitarian sentiments have motivated a variety of manifestations of pity, from nineteenth-century movements to end slavery to the creation of modern international humanitarian law. While humanitarianism is clearly political, this text addresses the ways in which it is also an ethos embedded in civil society, one that drives secular and religious social and cultural movements, not just legal and political institutions. As an ethos, humanitarianism has a strong narrative and representational dimension that can generate humanitarian constituencies for particular causes. Essays in the volume analyze the character, form, and voice of private or public narratives themselves and explain how and why some narratives of suffering energize political movements of solidarity, whereas others do not. Humanitarianism and Suffering explores when, how, and why humanitarian movements become widespread popular movements. It shows how popular sentiments move political and social elites to action and, con
Michel de Montaigne (1533–1592), the great Renaissance skeptic and pioneer of the essay form, is known for his innovative method of philosophical inquiry which mixes the anecdotal and the personal with serious critiques of human knowledge, politics and the law. He is the first European writer to be intensely interested in the representations of his own intimate life, including not just his reflections and emotions but also the state of his body. His rejection of fanaticism and cruelty and his admiration for the civilizations of the New World mark him out as a predecessor of modern notions of tolerance and acceptance of otherness. In this volume an international team of contributors explores the range of his philosophy and also examines the social and intellectual contexts in which his thought was expressed.
This volume examines comparatively the views and principles of seven prominent ethical traditions on one of the most pressing issues of modern politics - the making and unmaking of state and national boundaries. The traditions represented are Judaism, Christianity, Islam, natural law, Confucianism, liberalism and international law. Each contributor, an expert within one of these traditions, shows how that tradition can handle the five dominant methods of altering state and national boundaries: conquest, settlement, purchase, inheritance and secession. Written by a distinguished group of international specialists this volume is unique in providing both in-depth normative and comparative perspectives on a troubling question that will offer readers real insight into inter-tradition conflict. Those readers will range from upper-level undergraduates to scholars in such fields as philosophy, political science, international relations and comparative religion.
This study of the character and policies of Charles I provides an analysis of the political crisis leading to his personal rule in England during the years before the civil wars. It fills a gap in the historical literature of the period by integrating ideological with political developments and English with international affairs. It is also a contribution to the wider European history of a critical phase of the Thirty Years War. The book offers a new way of understanding Charles by demonstrating how ill-suited his personality was to the workings of the political world. It also argues that Charles's innovatory rule created a new pattern of national politics deeply destructive in its effects. The book gives a gripping account of the king's willingness to pervert the due process of law in dealing with his political opponents, as well as investigating his failures in religious and foreign policy.
This 2010 text pursues Adam Smith's views on moral judgement, humanitarian care, commerce, justice and international law both in historical context and through a twenty-first-century cosmopolitan lens, making this a major contribution not only to Smith studies but also to the history of cosmopolitan thought and to contemporary cosmopolitan discourse itself. Forman-Barzilai breaks ground, demonstrating the spatial texture of Smith's moral psychology and the ways he believed that physical, affective and cultural distance constrain the identities, connections and ethical obligations of modern commercial people. Forman-Barzilai emphasizes his resistance to the sort of relativism, moral insularity and cultural chauvinism that too often accompany localist critiques of cosmopolitan thought today. This is a fascinating, revisionist study that integrates the perspectives of intellectual history, moral philosophy, political theory, cultural theory, international relations theory and political ec
Leading economists analyze the new directions that subdisciplines of economics have taken in the face of modern economic challenges. These essays represent invention and discovery in the areas of information, macroeconomics and public policies, international trade and development, finance, business, contracts, law, gaming, and government, as these areas of study evolve through the different phases of the scientific process. They offer a wealth of factual information on the current state of the economy. Theoretical and empirical innovations conceptualize reality and values in different ways from their predecessors. Together the essays offer the reader a balanced look at the various fields, approaches, and dimensions that comprise future directions in economic theory, research, and practice. The extensive introduction by the editors not only summarizes and reviews the implications of the contributions presented in the volume, but also examines how scientific progress takes place, with sp
Medicine and health care generate many bioethical problems and dilemmas that are of great academic, professional and public interest. This comprehensive resource is designed as a succinct yet authoritative text and reference for clinicians, bioethicists, and advanced students seeking a better understanding of ethics problems in the clinical setting. Each chapter illustrates an ethical problem that might be encountered in everyday practice; defines the concepts at issue; examines their implications from the perspectives of ethics, law and policy; and then provides a practical resolution. There are 10 key sections presenting the most vital topics and clinically relevant areas of modern bioethics. International, interdisciplinary authorship and cross-cultural orientation ensure suitability for a worldwide audience. This book will assist all clinicians in making well-reasoned and defensible decisions by developing their awareness of ethical considerations and teaching the analytical skills
Extreme Prematurity examines the controversial issues surrounding the clinical management of this group of neonates by the intervention of modern neonatal intensive care. The foregoing of life-sustaining treatment is of particular importance. The subject matter is very relevant because of the alarming increase in multiple and preterm births, due to the increase in women who are undergoing assisted reproductive procedures, and the large increase in premature labor. No recent book covers the subject in such comparable breadth. The first section of this very timely monograph covers the epidemiology and practices in different parts of the world; the second section covers bioethics considerations, including ethical theories, moral principles and quality of life issues; the third section covers national and international guidelines; the last section covers medical law aspects in the US and around the world.
To better appreciate present-day private international law and its future prospects and challenges, we should consider the history and historiography of the field. This book offers an original approach to the study of conflict of laws and legal history that exposes doctrinal lawyers to historical context, and legal historians to the intricacies of legal doctrine. The analysis is based on an in-depth examination of Medieval and Early Modern conflict of laws, focusing on the classic texts of Bartolus and Huber. Combining theoretical insights, textual analysis and historical perspectives, the author presents the preclassical conflict of laws as a rich world of doctrines and policies, theory and practice, context and continuity. This book challenges preconceptions and serves as an advanced introduction which illustrates the relevance of history in commanding private international law, while aspiring to make private international law relevant for history.
This groundbreaking collection on global leadership features innovative and critical perspectives by scholars from international relations, political economy, medicine, law and philosophy, from North and South. The book's novel theorization of global leadership is situated historically within the classics of modern political theory and sociology, relating it to the crisis of global capitalism today. Contributors reflect on the multiple political, economic, social, ecological and ethical crises that constitute our current global predicament. The book suggests that there is an overarching condition of global organic crisis, which shapes the political and organizational responses of the dominant global leadership and of various subaltern forces. Contributors argue that to meaningfully address the challenges of the global crisis will require far more effective, inclusive and legitimate forms of global leadership and global governance than have characterized the neoliberal era.
Written to highlight the Catholic Church's central role in shaping Western Civilization, this book shows how the Church gave birth to modern science, international law, the free market economy, and mu
The liberal legal ideal of protection of the individual against administrative detention without trial is embodied in the habeas corpus tradition. However, the use of detention to control immigration has gone from a wartime exception to normal practice, thus calling into question modern states' adherence to the rule of law. Daniel Wilsher traces how modern states have come to use long-term detention of immigrants without judicial control. He examines the wider emerging international human rights challenge presented by detention based upon protecting 'national sovereignty' in an age of global migration. He explores the vulnerable political status of immigrants and shows how attempts to close liberal societies can create 'unwanted persons' who are denied fundamental rights. To conclude, he proposes a set of standards to ensure that efforts to control migration, including the use of detention, conform to principles of law and uphold basic rights regardless of immigration status.
