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1
Great Britain. Parliament. House of Commons. Third Standing Committee on Delegated Legislation. Draft enterprise act 2002(Protection of legitimate interest) order of Legitimate Interests) Order 2003 Wednesday 21st May 2003 2003, Draft enterprise act 2002(Anticipated mergers) Order 2003: Wednesday 21 May 2003. London: Stationery Office, 2003.
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Unlawful gain and legitimate profit in Islamic law: Riba, gharar, and Islamic banking. Cambridge [Cambridgeshire]: Cambridge University Press, 1986.
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1951-, Ajaj Ahmad, ed. Unlawful gain and legitimate profit in Islamic law: Riba, gharar, and Islamic banking. 2nd ed. London: Graham & Trotman, 1992.
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Commission, New Jersey Death Penalty Study. Public hearing before New Jersey Death Penalty Study Commission: Testimony concerning whether the death penalty serves a legitimate penological intent, such as deterrence; whether the penological interest in executing some of those guilty of murder is sufficiently compelling that the risk of an irreversible mistake is acceptable; whether the death penalty is consistent with evolving standards of decency : [July 19, 2006, Trenton, New Jersey]. Trenton, N.J: The Unit, 2006.
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5
Öberg, PerOla. Interest Organizations in the Policy Process. Edited by Jon Pierre. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780199665679.013.39.
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Early last century, a norm to integrate organized interests into the policy processes was established. Groups gained influence and the state could implement legitimate public policy. The balance between autonomy and institutional participation was evasive. Some argue that organizations were captured into powerlessness, others that special interests controlled policy processes. Now, the situation has changed. Institutional participation has decreased. Face-to-face meetings intending to solve common problems are being replaced by professional lobbying. A transparent corporatist system favoring certain interests has been replaced by less transparent pluralism. This chapter focuses on the establishment, function, and dismantlement of corporatism in the policy process.
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Flynn, Maurice. Big Mo's Guides : GDPR PREP PLAN - Steps 3 and 4 : Lawful Basis for Data, Correct Consent and Legitimate Interest: Data Privacy and Protection Policies, Processes, Plans and Templates. Independently Published, 2018.
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Svantesson, Dan Jerker B. A New Jurisprudential Framework for Jurisdiction. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198795674.003.0003.
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This chapter advances a new jurisprudential framework for jurisdiction and discusses it in detail, outlining how it may be applied, and responds to some potential concerns that may be raised against the framework. The framework is focused on: (1) there being a substantial connection between the state claiming jurisdiction and the matter; (2) the state claiming jurisdiction having a legitimate interest in the matter; and (3) a balancing of that state’s interest with other relevant interests. As this framework represents the core of jurisdiction in both public international law and in private international law, it effectively unifies those two disciplines commonly viewed as distinct.
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Paul J, Conderman, and Sari Aurel. Part II Commentaries to Typical Sofa Rules, 20 Jurisdiction. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198808404.003.0020.
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This chapter concerns the exercise of jurisdiction over Visiting Forces. Here, Sending States and Receiving States rely on competing jurisdictional principles, the territorial principle, and that of service jurisdiction, in order to claim the right to exercise their regulatory authority over Visiting Forces. Neither principle can be allowed to triumph over the other without denying a legitimate and vital interest of one of the parties. This is why agreements providing for the exercise of exclusive jurisdiction are rare. The vast majority of status-of-forces agreements (SOFAs) strike some balance between these competing principles and interests, influenced by the political, legal, and operational context of the deployment.
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Sergi, Anna, Alexandria Reid, Luca Storti, and Marleen Easton. Ports, Crime and Security. Policy Press, 2021. http://dx.doi.org/10.1332/policypress/9781529217711.001.0001.
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The Covid-19 pandemic, Brexit and the US-China trade dispute have heightened interest in the geopolitics and security of modern seaports. Ports are where contemporary societal dilemmas converge: the (de)regulation of international flows; the (in)visible impact of globalisation; the perennial tension between trade and security; and the thin line between legitimate, illicit and illegal. Applying a multidisciplinary lens to the political economy of port security, this book presents a unique outlook on the social, economic and political factors that shape organised crime and governance. Drawing on several primary interviews with port security professionals, this text bridges the divide between global and local, and theory and practice.
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McShane, Katie. Truth and Goodness. Edited by Stephen M. Gardiner and Allen Thompson. Oxford University Press, 2015. http://dx.doi.org/10.1093/oxfordhb/9780199941339.013.13.
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Although some environmental ethicists have taken up metaethical questions in their work, the relevance of metaethics to environmental ethics has been a point of controversy in the field. This chapter reviews the environmental ethics literature on metaethics, considering what legitimate interest environmental ethics might have in metaethical issues. It reviews the main positions in contemporary metaethics, as well as the claims that environmental ethicists have looked to metaethics to vindicate. Ultimately it argues that metaethics is not entirely irrelevant to environmental ethics, as some critics have claimed. However, contemporary metaethics is able to address the concerns of environmental ethicists from a number of different theoretical perspectives.
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Harriet, Schelhaas. Ch.7 Non-performance, s.1: Non-performance in general, Art.7.1.4. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0131.
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This commentary analyses Article 7.1.4 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the non-performing party's right to cure its non-performance. Under Art 7.1.4, the non-performing party is allowed to cure its non-performance. The aggrieved party is obliged to allow cure if it has no legitimate interest in refusing. If the non-performing party offers cure, the remedies of the aggrieved party are only available after the other party has had a second chance to perform or cure its performance. This commentary discusses the requirements with respect to cure by non-performing party, the right of the non-performing party to cure its non-performance even after a notice of termination by the aggrieved party, and legal consequences of cure.
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Coleman, John J. Monitoring Prescriptions, Third-Party Healthcare Payers, Prescription Benefit Managers, and Private-Sector Policy Options. Oxford University Press, 2018. http://dx.doi.org/10.1093/med/9780199981830.003.0003.
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This chapter discusses how opioids are diverted from legitimate to illegitimate channels and examines the systems that have been developed to keep track of these drugs by monitoring their prescribing and dispensing. Also covered are the regulations that enable authorities to scrutinize manufacturers and distributors for anomalous transactions that might signal diversion. The chapter also discusses potential strategies involving the private sector, which has a corresponding interest in curtailing waste, fraud, and abuse in the third-party healthcare payer systems that each year process billions of prescriptions for drugs, including controlled substances. The chapter looks at the role of pharmacy benefit managers in the dispensing of controlled substances. The potential benefits of adding pharmacy benefit managers to the present classes of business activities regulated by the Drug Enforcement Administration are explored.
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Chakkalakal, Tess. Wedded to Race. University of Illinois Press, 2017. http://dx.doi.org/10.5406/illinois/9780252036330.003.0006.
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This chapter focuses on Charles Chesnutt's postslavery fiction and criticism that, in some respects, might be read as offering one of the most effective counterarguments to Harper's view of marriage and vision of freedom. Chesnutt casts a surprisingly critical eye on the movement to legitimate slave-marriages during Reconstruction, a movement celebrated by historians of marriage and slavery alike. While Harper views marriage as essential to preserving relations formed in slavery, Chesnutt presents it as a way of breaking free of those relations, of forming new relations that eschew the racial principles that made it impossible for former slaves and their descendants to marry according to self-interest and personal desire. The differences between their positions are suggestive of a broader political debate about the formation of a postslavery slave community.
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Yesim, Atamer. Ch.6 Performance, s.1: Performance in general, Art.6.1.2. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0107.
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This commentary focuses on Article 6.1.2 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning performance of a contractual obligation at one time or in instalments. Whenever the obligor is given the right to perform its contractual obligations during a certain period of time, the question arises whether the obligor has to perform at one single moment during this period or whether it may choose to perform in lots. According to Art 6.1.2, the principle is performance at one time. The legitimate interest of the obligee not to be disturbed repeatedly for the same obligation seems to prevail over the interest of the obligor to offer its obligation in portions. This commentary discusses performance at one time as a rule, performance in instalments as an exception to the rule, effect of performance in instalments on counter-performance, and burden of proof relating to performance of a contractual obligation at one time or in instalments.
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Gerard, McMeel. Part III Particular Contractual Provisions, 24 Payment, Agreed Damages, and Acceleration Clauses. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198755166.003.0024.
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This chapter discusses payment, liquidated damages, minimum payment, and accelerated payment clauses. It first gives a brief introduction to payment clauses and their construction, before turning to liquidated damages clauses. For the latter, the chapter introduces the clause with a set of propositions delivered during the Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd case. Next, the chapter turns to minimum payment clauses. These clauses are a feature of many hire-purchase arrangements and are subject to the new legitimate interest test. Acceleration clauses, meanwhile, are particularly common in asset finance arrangements and commercial lending. Such clauses often work in tandem with express termination clauses, and appear to have become more common in the wake of the restrictive common law approach to damages resulting from the exercise of an express termination provision.
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Powers, Shawn M., and Michael Jablonski. The Myth of Multistakeholder Governance. University of Illinois Press, 2017. http://dx.doi.org/10.5406/illinois/9780252039126.003.0006.
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This chapter examines how multistakeholder institutions reflect dominant political and/or economic interests, arguing that the discourse of multistakeholderism is used to legitimize arrangements benefiting powerful, established actors like the United States and its robust Information and Communication Technology (ICT) sector. After a brief discussion of what is actually at stake in debates over internet governance, the chapter provides an overview of the origins and theory of the multistakeholder process. It then considers how seemingly participatory, inclusive, and consensus-driven decision-making structures provide legitimacy for existing political and economic interests by using three case studies: ICANN, the Internet Society (ISOC), and the Internet Engineering Task Force (IETF). It shows that, by incentivizing inclusion and consensus, multistakeholder processes risk stifling legitimate dissent from external actors who have no interest in lending legitimacy to the facade of an apolitical negotiation.
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Roger, Halson. 3 The Legal Effect of Classification as a ‘Penalty’ or a Valid Liquidated Damages Clause. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198785132.003.0003.
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The previous chapter described the test laid down in the Cavendish case that determines the validity of any stipulated damages clause. In summary, a clause will be unenforceable which seeks to impose upon a party in breach of contract: a detriment which is not proportionate to any legitimate interest of the other party to the contract; or in ‘straightforward’ cases (still governed by the older Dunlop test): a detriment which is ‘extravagant and unconscionable’ in comparison with a ‘genuine pre-estimate’ of the loss that would result from the payer’s breach of contract. This chapter discusses the legal effect of contractual provisions which stipulate for a detriment which first satisfy whichever of the tests above is applicable to it (legal effect: liquidated damages clause) and then the legal effect, if any, of a contractual clause that fails to satisfy the applicable test (legal effect: penalty clause).
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Atkinson, Timothy, John J. Coleman, and Jeffrey Fudin. Opioid Medications. Oxford University Press, 2018. http://dx.doi.org/10.1093/med/9780199981830.003.0001.
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This chapter describes the dilemma of today’s chronic pain patient in the face of well-intentioned regulatory efforts to reduce opioid-related mortality. From the beginning of recorded history, there has been interest in substances derived from opium poppy. As modern governments evolved, efforts were made to ensure the availability of opiates for medicinal use while restricting their nonmedical use. This chapter discusses US efforts to control opiates and the severe problem of opiate abuse in the United States that gave rise to these efforts. The United States was the first nation to establish specialized drug treatment centers, serving also as prison-hospitals, devoted solely to treating opiate addiction. Today’s liberal policies on the use of opioids to treat chronic pain appear to have unintentionally produced an epidemic of prescription opioid abuse. Meanwhile, legitimate concerns remain for treating chronic pain, despite the growing morbidity and mortality associated with such treatment.
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Stanley, Gordon. Accreditation and Assessment in Vocational Education and Training. Edited by John Buchanan, David Finegold, Ken Mayhew, and Chris Warhurst. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199655366.013.6.
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Vocational education and training has emerged from traditional industry and technical training into a vigorous post-compulsory education sector focused on satisfying the ever-changing demands of today’s employers. This chapter considers issues around the accreditation and regulation of providers and the assessment and certification of outcomes. Quality and comparability of outcomes has been a common concern for regulatory regimes. The front-end emphasis of training assessors and the requirement for workplace assessment contexts is designed to align with employer needs. However there are legitimate concerns about the consistency of judgments. Competency based assessment (CBA) has been the dominant assessment model and contrasts with the traditional assessment approach in general education. However the more recent standards-referenced assessment movement in the latter sector suggests ways in which assessment approaches are converging. Employability and 21st century skills reinforce the interest in developing generic skills in all sectors of education.
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Matwijkiw, Anja, and Bronik Matwijkiw. Bahrain Anno 2017: Peace or Regime-Change? Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190923846.003.0006.
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Transitional justice addresses conflicts and their resolution with the use of a conceptual and normative apparatus that captures, clarifies and, wherever possible, corrects failed states. These undermine values that derive from humanity, the conditio sine qua non for social cohesiveness. Notwithstanding, the six-year anniversary of the 2011 civil unrest in Bahrain is a reminder of the fact that post-conflict success—which entails compliance with the United Nations rule of law standards—is still a contentious issue. Thus, the national rulers’ interest in maintaining the system may continue to compete with the international stake in legitimate statehood without thereby compelling those in power to consider the constituency that primarily depends upon them for their freedom and welfare: the majority of people in Bahrain. Logically, system-conservation requires peace. Ethically, peace is problematic for the same reason. This accentuates the need for change, especially since (so-called) conflict-resolution has resulted in strict(er) law-and-order measures.
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Luyten, Dirk. Diverging Paths. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198779599.003.0012.
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For the Netherlands and Belgium in the twentieth century, occupation is a key concept to understand the impact of the war on welfare state development. The occupation shifted the balance of power between domestic social forces: this was more decisive for welfare state development than the action of the occupier in itself. War and occupation did not result exclusively in more cooperation between social classes: some interest groups saw the war as a window of opportunity to develop strategies resulting in more social conflict. Class cooperation was often part of a political strategy to gain control over social groups or to legitimate social reforms. The world wars changed the scale of organization of social protection, from the local to the national level: after World War II social policy became a mission for the national state. For both countries, war endings had more lasting effects for welfare state development than the occupation itself.
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Campbell, David. Contractual Relations. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780198855156.001.0001.
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Abstract This book demonstrates that economic exchange and legal contract rest on a moral relationship by which each party recognises the autonomy of the other. Through this relationship of mutual recognition, the parties each pursue their legitimate self-interest by the persuasion of the other. Consciousness of this essential relationship is in stark contrast to the alienated belief in solipsistic self-interest that is central to the classical law of contract. Given such belief, it seems justified to take a purely instrumental attitude towards the other party to a contract. But such an attitude is not morally defensible, nor does it enhance economic welfare; and it is for these reasons that the classical law is legally incoherent. The fundamental shortcomings of the classical law arise because it cannot comprehend the way that the doctrines of the positive law do, in fact, give effect to the relationship of mutual recognition. The welfarist criticism of the classical law has, however, failed to develop a workable concept of self-interest, and so is at odds with what must be retained from the classical law, and, behind this, what is welfare enhancing about the market economy. The relationship of mutual recognition can and must be derived from an immanent critique of the classical law that restates self-interest in a morally, economically, and legally attractive manner. The law of contract which emerges is the law of liberal socialism and the social market.
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Barnhill, Anne, and Matteo Bonotti. Healthy Eating Policy and Political Philosophy. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780190937881.001.0001.
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This book develops a ‘public reason approach’ to healthy eating efforts. Public reason is the view that political rules are legitimate only if they are justified on the basis of reasons that are public, i.e. reasons that all citizens can accept at some level of idealization despite their different values and worldviews. The book applies the idea of public reason to healthy eating efforts and develops a framework that can be used in the assessment of such efforts in the real world. By doing so, the book adopts a ‘farm to fork’ approach to the ethics of healthy eating efforts: it engages with rather abstract theories and debates in political philosophy, considers the implications of different theoretical positions for healthy eating efforts, and then develops a concrete tool for assessing healthy eating efforts that will be of interest to both scholars and policymakers. The book also serves another purpose: it brings not just public reason but political philosophy more generally to bear on healthy eating efforts and the debates about it. This will be of interest to two audiences. The first audience consists of those who are familiar with healthy eating efforts but may have little experience with political philosophy—it might include public health researchers and practitioners, public health ethicists, and other researchers who take an interest in healthy eating efforts. The second audience comprises political philosophers, who will be already familiar with the concepts and theoretical debates the book considers but may find their concrete application to healthy eating efforts to be of interest.
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Hough, Mike. Good Policing. Policy Press, 2020. http://dx.doi.org/10.1332/policypress/9781447355076.001.0001.
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This book conveys the ideas behind procedural justice theory as they apply to policing. It sets out important but complex ideas in jargon-free language to non-specialist readers with an interest in policing – including serving police officers and police recruits as they embark on a degree-level entry programme into the police service. The book’s main message is that public trust in the police builds police legitimacy, and people comply with the law and cooperate with the police when they see the police as legitimate. It argues that public trust in the police serves as the bedrock of police legitimacy. Procedural justice theory provides an account of the reasons why people obey the law that stresses the importance of fair and respectful treatment of the public, and an alignment between policing practice and people’s moral standards. It provides a narrative about crime control that questions the tough ‘no-nonsense’ solutions that politicians often reach for when crime problems emerge. The book’s main policy recommendations are that policing strategies and tactics should always be assessed against criteria of legitimacy, and that the quality of treatment in police contacts with the public is one of the keys to good policing.
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Scroggs, Stephen K. Army Relations with Congress. www.praeger.com, 2000. http://dx.doi.org/10.5040/9798216186649.
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Relying on extensive candid interviews from members of Congress and staff on defense authorization committees and senior Army general officers, Scroggs provides a strong insider analysis with recommendations. He examines the impact of culture on the varying abilities of public agencies, specifically the Army, to pursue its organizational interests through lobbying or liaising Congress. Scroggs argues that despite structural similarities in how the four military services approach Congress, differences in service culture affect their relative success in achieving their goals on the Hill. Scroggs draws four major conclusions. First, despite a law prohibiting lobbying of Congress by public agencies, Congress views lobbying or liaising by public entities, especially the military services, not only as a legitimate activity, but essential to Members carrying out their constitutional responsibilities. Second, relative to the other services, the Army is viewed by Congress as the least effective in its lobbying. Third, the Army's patterned approach with Congress is largely a function of its unrecognized and uncompensated culture in the unique terrain of the nation's capital. Fourth, because of the need for balanced service representation to Congress, relatively less effective Army efforts have troubling implications for national security and Army self-interest.
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Faxneld, Per. Satanic Feminism. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190664473.001.0001.
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According to the Bible, Eve was the first to heed Satan’s advice to eat of the forbidden fruit. The notion of woman as the Devil’s accomplice is prominent throughout the history of Christianity and has been used to legitimate the subordination of wives and daughters. During the nineteenth century, rebellious females performed counter-readings of this misogynist tradition. Hereby, Lucifer was reconceptualized as a feminist liberator of womankind, and Eve became a heroine. In these reimaginings, Satan is an ally in the struggle against a patriarchy supported by God the Father and his male priests. The book delineates how such Satanic feminism is expressed in a number of nineteenth-century esoteric works, literary texts, autobiographies, pamphlets and journals, newspaper articles, paintings, sculptures, and even artefacts of consumer culture such as jewellery. The analysis focuses on interfaces between esotericism, literature, art, and the political realm. New light is thus shed on neglected aspects of the intellectual history of feminism, Satanism, and revisionary mythmaking. The scope of the study makes it valuable not only for historians of religion but also for those with a general interest in cultural history (or specific aspects of it like gender history, romanticism, or decadent-symbolist art and literature).
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Hervey, Tamara K., Ivanka Antova, Mark L. Flear, and Matthew Wood. Not What The Bus Promised. Hart Publishing, 2023. http://dx.doi.org/10.5040/9781509951529.
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What does the UK’s exit from the EU mean for health and the NHS? This book explains the legal and practical implications of Brexit on the NHS: its staffing; cross-border healthcare especially in Ireland; medicines, medical devices and equipment; and biomedical research. It considers the UK’s post-Brexit trade agreements and what they mean for health, and discusses the effects of the COVID-19 pandemic on post-Brexit health law. To put the legal analysis in context, the book draws on over 400 conversations the authors had with people in the north of England and Northern Ireland, interviews with over 40 health policy stakeholders, details of a film about their research made with ShoutOut UK, the authors’ work with parliaments and governments across the UK, and their collaborations with key actors such as the NHS Confederation, the British Medical Association, and Cancer Research UK. The book shows that the language people use to talk about hoped-for legitimate post-Brexit health governance suggests a great deal of faith in law and legal process among ‘ordinary people’, but the opposite from ‘insider elites’. Not What The Bus Promised puts the authors’ knowledge and experiences centre frame, rather than claiming to express ‘objective reality’. It will be of interest to any reader who cares about the NHS and wants to understand its present and future.
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Rensmann, Thilo, ed. Small and Medium-Sized Enterprises in International Economic Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780198795650.001.0001.
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While international trade and investment is still dominated by larger multinational enterprises (MNEs), small and medium-sized enterprises (SMEs) are increasingly reaching out beyond their traditional domestic habitat. A significant number of SMEs today are engaged in transboundary trade and investment and in the wake of the digital revolution the phenomenon of ‘born global’ SMEs can be increasingly observed. In addition, many SMEs enter the global economy indirectly via global value chains. International economic law, with its traditional focus on MNEs and their interests, is only slowly waking up to this new reality. At the same time, it is increasingly recognized that the internationalization of SMEs provides the key to creating more sustainable and inclusive global economic growth. The 2015 UN Sustainable Development Goals, for example, expressly call for the facilitation of increased access for SMEs to international trade and investment. This book undertakes a first attempt at systematically analysing the interaction between SMEs and international economic law. The analysis covers a broad spectrum of international trade and investment law focusing on issues of particular interest to SMEs, such as trade in services, government procurement, and trade facilitation. Salient regional and transregional developments are taken into account, including the implications of the TPP and the TTIP negotiations for SMEs. Close attention is also devoted to the concern of many states that further liberalization of international trade and investment would unduly restrict the regulatory space necessary to protect and promote the legitimate interests of domestic SMEs.
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Newell, James L. Corruption in contemporary politics. Manchester University Press, 2018. http://dx.doi.org/10.7228/manchester/9780719088919.001.0001.
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This book provides an accessible account of current thinking about political corruption, recognising that the phenomenon is a serious problem: since it infringes rules defining legitimate and illegitimate means of the acquisition of wealth and the exercise of power, corruption damages the interests of the advantaged and disadvantaged alike. The advantaged find that wealth cannot be pursued and maintained safely, the disadvantaged that development is thwarted and resources redistributed from the poor to the rich. Against this background, the book takes the reader on a journey – a journey that begins with what corruption is, why its study might be important and how it can be measured. From there it moves on to explore corruption’s causes, its consequences and how it can be tackled – before finally discovering how these things are playing out in the established liberal democracies, in the former communist regimes and in what used to be commonly referred to as ‘the third world’. On the way it takes a couple of detours – first, to ascertain how the minimum of trust necessary for the corrupt transaction to take place at all is established and underwritten, and second to survey the phenomenon of scandal – to which corruption may give rise. The book is therefore offered as an informative ‘travel guide’ of potential interest to journalists and policy makers as well as to students and academics researching matters on which political corruption has a bearing.
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Hawk, Kathleen H. Constructing the Stable State. Greenwood Publishing Group, Inc., 2002. http://dx.doi.org/10.5040/9798400631016.
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The United States and the international community intervened in a number of internal conflicts throughout the 1990s, generally justifying their actions on humanitarian grounds. In most cases, the external military intervention largely halted the fighting and allowed humanitarian assistance to be distributed. However, as Hawk makes clear, simply halting the fighting has not allowed these countries to create stable governments and harmonious societies. This study is based on the premise that if external actors—foreign governments, international organizations, and private groups—can not figure out how to lay a foundation for a stable, longer-term peace, there will be decreasing support for international intervention and peacekeeping/peacebuilding missions in the future. Although external actors have undertaken many activities in the aftermath of a military intervention in an attempt to consolidate peace, sufficient attention has not been paid to (re)constructing the state as a capable, effective, and legitimate entity. While (re)constructing the state is only a portion of what needs to be done to bring about a stable, long-term peace, it provides a necessary foundation upon which to structure the other activities. Through her examination of external actions in Somalia, Bosnia, and Kosovo, Hawk draws 23 lessons, nine of which are applicable to interventions in general and the remaining 14 specific to statebuilding efforts. This study will be of particular interest to scholars, students, and policymakers involved with conflict resolution and international relations.
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Richter, Daniel S., and William A. Johnson, eds. The Oxford Handbook to the Second Sophistic. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199837472.001.0001.
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The study of the Second Sophistic is a relative newcomer to the Anglophone field of classics, and much of what characterizes it temporally and culturally remains a matter of legitimate contestation. This Handbook offers a diversity of scholarly voices that attempt to define the state of this developing field. Included are chapters that offer practical guidance on the wide range of valuable textual materials that survive, many of which are useful or even core to inquiries of particularly current interest (e.g., gender studies, cultural history of the body, sociology of literary culture, history of education and intellectualism, history of religion, political theory, history of medicine, cultural linguistics, intersection of the classical traditions and early Christianity). The Handbook contains chapters devoted to the work of the most significant intellectuals of the period, such as Plutarch, Dio Chrysostom, Lucian, Apuleius, the novelists, the Philostrati, and Aelius Aristides. In addition to its content and bibliographical guidance, this volume helps to situate the textual remains within the period and its society, to describe and circumscribe the literary matter and the literary culture and societal context. Throughout it tries to keep the contextual demands in mind. In its scope and its pluralism of voices, this Handbook thus represents a new approach to the Second Sophistic, one that attempts to integrate Greek literature of the Roman period into the wider world of early imperial Greek, Latin, Jewish, and Christian cultural production, and one that keeps a sharp focus on situating these texts within their socio-cultural context.
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Theory and Methodology in International Comparative Classroom Studies. Cappelen Damm Akademisk, 2021. http://dx.doi.org/10.23865/noasp.130.
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This anthology is addressed to researchers, students and professionals within education and special needs education as well as related fields such as psychology, health sciences and other fields within the social sciences and humanities. Part One contains two articles; one is an introduction to the anthology, while the other gives the reader insight into the history of educational ideas from the beginning of elementary education “for all and everyone” in 1739 to current efforts being made to implement the principles of the inclusive school. Part Two contains seven articles that mainly provide perspectives from cultural-historical and didactic-curricular theories, focusing on certain aspects of practice such as communication and care as well as teaching, learning and development. Why does it take such a long time to realise the principle of inclusion? Amongst the many and legitimate assumptions, there is an increasing awareness of ethical issues. Part Three addresses these issues by paying specific attention to Bulgarian-French scholar Julia Kristeva’s social critique and her introduction of an ethical-political programme where our shared human sense of vulnerability is at the centre of civic solidarity and inclusion. Part Four is devoted to methodological considerations and choices. Small-scale research projects are in focus, particularly classroom studies related to international comparative analysis. Various qualitative approaches are investigated, including case studies and “mixed methods”. Action research has in particular attracted interest from classroom researchers and is therefore outlined and discussed in several articles. This is the second of three anthologies related to the international comparative research cooperation project WB 04/06: Development towards the Inclusive School: Practices – Research – Capacity Building.
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Bogg, Alan, Jennifer Collins, Mark Freedland, and Jonathan Herring, eds. Criminality at Work. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198836995.001.0001.
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There has been a growing interest in the disciplinary ‘autonomy’ of labour law. The chapters in this book examine the interface between criminal law and theory and the regulation of labour markets, given the importance of this interface in the twenty-first century. The four chapters in the first section of the book are concerned broadly with the normative questions concerning the legitimacy of criminalisation in the regulation of social activity. It is a fundamental feature of liberal theories of criminalisation that the legitimate use of the criminal sanction requires special justification. The criminal law is coercive, punitive, and stigmatic. Each chapter examines the normative issue of criminalisation from a different perspective. The second section examines the distinctiveness of the criminal law as a form of regulation, especially compared with civil enforcement. The third section is concerned with criminal law, vulnerability, and precarious work relations. Recent scholarship in labour law has been intensively concerned with the concepts of vulnerability and precariousness in labour market relations. There is now a significant literature on these concepts from legal, economic, and social-scientific perspectives. The chapters in this section provide a novel theoretical perspective on those concepts by examining the distinctive role of the criminal law in respect of vulnerability and precarious work relations. The fourth section is concerned with contexts of criminalisation. The chapters in this section explore the different labour market contexts in which criminalisation has occurred. The fifth section is concerned with criminalisation and enforcement, and it examines the variety of ways in which the criminal law is being used as an enforcement tool, either as an auxiliary support to civil enforcement or as a substitute for civil enforcement. Finally, the last section provides two comparative chapters by leading scholars in the US and Canada. These chapters provide a comparative perspective on the role of penal policy in labour law.
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Midtgaard, Søren Flinch. Paternalism. Oxford University Press, 2016. http://dx.doi.org/10.1093/acrefore/9780190228637.013.201.
Full textAbstract:
In the standard view, A acts paternalistically toward B if and only if: (i) A restricts B’s liberty, (ii) A acts against B’s will, (iii) A acts for B’s own good. For example, the state may tax or prohibit smoking in the interest of citizens’ health in circumstances in which such measures are resisted by them or some of them. Telling counterexamples have been produced to each of these conditions. In the revised view, A acts paternalistically toward B if and only if: (i) A acts so as to influence B by the use of means other than rational persuasion; (ii) A does not regard B’s will as structurally decisive (i.e., A takes the prevention of voluntary self-regarding harm to constitute a reason for influencing B); (iii) A does so for B’s good or to affect matters within B’s legitimate sphere of control; (iv) A’s act cannot be justified without counting its beneficial effects on B in its favor. The wrongness of paternalism lies in the way in which a paternalistic act by A toward B infringes B’s autonomy: A does not consider B’s will authoritative in determining how A should treat B in B’s self-regarding matters―A subjects B’s will to his in this sense. Hard paternalism as thus understood should be distinguished from soft paternalism or anti-paternalism. According to the latter, the prevention of voluntary self-regarding harm is never a good reason for interference. The latter is justifiable only to prevent involuntary self-regarding harm―harm pertaining to acts that are not his or do not represent his values or preferences. Hard paternalism may, pace what soft paternalism or anti-paternalism claims, sometimes be justifiable. This is particularly so when the voluntary self-regarding harm involved is significant and the infringement of liberty required to prevent it limited or acceptable given the harm at stake. The question of when a good or an advantage is profound and when an infringement of liberty is limited is, however, difficult and worthy of further investigation. Paternalistic justifications should be distinguished from other liberty-limiting principles. That is, they should, first, be distinguished from moral paternalism focusing on improving the person’s moral character and hence his moral well-being or on making the person better (as opposed to the improvement of the person’s physical and psychological condition focused on by ordinary or welfare paternalism). Second, it should be distinguished from legal moralism concerned with barring conduct that is intrinsically morally bad (that is, bad for reasons independent of how it affects people’s character or their physical or psychological condition).