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1
Puebla-Smith, Josephine. The principle of subsidiarity and the scope of Article 30 EC : The division of competences and the free movement of goods in the EC. [Stockholm] : Institutet för europeisk rätt vid Stockholms universitet, 1996.
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Craig, Paul, et Gráinne de Búrca. 3. Competence. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198714927.003.0003.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. The existence and scope of EU competence are outlined in the Lisbon Treaty: the EU may have exclusive competence, shared competence, or competence only to take supporting, coordinating, or supplementary action. This chapter examines these three principal categories of EU competence, and their implications for the divide between EU and Member State power. It also considers certain areas of EU competence that do not fall within these categories, and the extent to which the new regime clarifies the scope of EU competence and contains EU power.
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Vedder, Christoph, Stefan Lorenzmeier et Roman Petrov. EU External Relations Law : Shared Competences and Shared Values in Agreements Between the EU and Its Eastern Neighbourhood. Springer International Publishing AG, 2022.
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Vedder, Christoph, Stefan Lorenzmeier et Roman Petrov. EU External Relations Law : Shared Competences and Shared Values in Agreements Between the EU and Its Eastern Neighbourhood. Springer International Publishing AG, 2021.
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5
Hartley, Christie. Exclusive Public Reason. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190683023.003.0004.
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This chapter develops the idea of public reason based on the shared reasons account of public justification. It is argued that the moral foundation for political liberalism delimits a narrow scope for the idea of public reason, such that public reasons are required only for matters of constitutional essentials and basic justice. It is also argued that where public reason applies, persons as citizens have a moral duty to never appeal to their comprehensive doctrines when engaging in public reasoning. Hence, an exclusive account of public reason is vindicated. Finally, we respond to various potential objections to our view, such as the claim that the shared reasons view requires identical reasoning and the claim that public reason is interderminate or inconclusive.
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Schmidt, Susanne K. Reaching Beyond the Market into State Responsibilities. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198717775.003.0005.
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Chapter 5 addresses policies that are more sensitive to sovereignty. The Citizenship Directive and the Patient Mobility Directive were both highly influenced by case-law development, although member states have largely reserved the right to define citizenship and the shape of their welfare states. The Court, however, consistently holds that member states have to respect the four freedoms also in areas of exclusive competence. Neither did existing secondary law inhibit the Court from partly designing an alternative policy. Regulation through case law is susceptible to creating inequalities, as it is difficult for private actors to understand. By codifying case law, member states wanted to signal their preferences to the Court. However, existing case law does not guarantee the necessary majorities for a common policy. Corporate tax policy is an example of an area where there is a lack of agreement in the face of a great deal of case law.
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Stirn, Bernard. The European Legal Order. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780198789505.003.0003.
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Chapter 3 shows that the confluence of the law of the European Union and of the European Convention on Human Rights is a European legal order worthy of the name. It outlines the law of the European Union after the Lisbon Treaty, setting out its principles and the ways in which competences are shared in the EU post Lisbon, between the European Council, the Council, the Commission, the European Parliament, and the Court of Justice of the European Union. The chapter further sets out the outline of the system of rules of the European Union. Then the chapter turns to the characteristics of what has been termed a Europe of human rights, and how the European Court of Human Rights (ECHR), in conjunction with domestic courts, police the law of the European Convention on Human Rights. Finally, the chapter brings together the law of the European Union and the ECHR.
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Hogh-Olesen, Henrik. The Human Peacock. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190927929.003.0006.
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Chapter 5 focuses on the human need for embellishment and artistic expression through song, dance, and music. Why do we do these things? Is it due to sexually selected behavioral traits, whereby those who stand out and flaunt their special qualities are selected as partners and thus further their genetic heritage because the artistic energy they exhibit is reliable evidence of fitness, which lets the world know that these are good, strong genes exactly like the peacock’s tail? Or is it, rather, that we must understand these exertions through their collective value as social markers that unite us and inform the world that we are dealing with a close-knit group united by a shared mind-set? None of these functions need be mutually exclusive.
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Idema, Wilt. Elite versus Popular Literature. Sous la direction de Wiebke Denecke, Wai-Yee Li et Xiaofei Tian. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199356591.013.17.
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Ever since the May Fourth Movement of the 1920s, scholars of Chinese literary history have deployed a distinction between elite literature and popular literature, claiming that the “dead” elite literature was only revitalized by its constant borrowings from the language, subjects, and forms of popular literature. This chapter questions this simplistic binary, which depends on the exclusive identification of “the popular” with the vernacular and oral transmission, problematic propositions in both cases. It argues that the oral literature of the first millennium bce and the first millennium is irretrievably lost. Before the emergence of a mature print culture, sharp distinctions between elite and popular culture are hard to draw, and in China, the vernacular was not a different language but at the most a different register within a shared literary culture.
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Grossman, Julie. Women and Film Noir. University of Illinois Press, 2017. http://dx.doi.org/10.5406/illinois/9780252038594.003.0003.
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This chapter explores the relationship between classic noir and female-authored pulp fiction. Linking noir with its female-authored source material will help reorient gender associations with film noir so that male experience is not its exclusive focus. Moreover, such linkage renders the shared concerns of film noir and melodrama more evident and interprets the relationship between gender and genre more as a dialogue, less as an opportunity to rank texts in terms of an evaluation-laden hierarchy. The chapter then looks at 1940s novels written by women that were brought to the screens as “film noirs.” These works exemplify the nonschematic presence of gender issues in noir and the continuities between the treatment of gender in the genre and the exploration of gender in the source novels.
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Cadwalader, George. Homeland Security. Sous la direction de Derek S. Reveron, Nikolas K. Gvosdev et John A. Cloud. Oxford University Press, 2018. http://dx.doi.org/10.1093/oxfordhb/9780190680015.013.21.
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The terrorist attacks of September 11, 2001 caused a seismic shift in how the United States organizes and executes the mission of securing the homeland. The creation and growth of the Department of Homeland Security is the most visible manifestation of this change. However, the homeland security discipline contemplates shared responsibilities and a unity of effort among all levels of government, the private sector, and the general public. The wide array of stakeholders, alongside an expanding definition of what constitutes homeland security, presents complex challenges for policymakers. With the perspective of the more than fifteen years that have elapsed since 9/11, this chapter examines the evolution of homeland security from a near-exclusive focus on terrorism to a broader “all hazards” approach, the relationship between homeland security and national security, the roles of leading actors, and contemporary issues.
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Shaver, Stephen R. Metaphors of Eucharistic Presence. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780197580806.001.0001.
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One of the most challenging questions for Christian ecumenical theology is how the relationship between the eucharistic bread and wine and Jesus Christ’s body and blood can be appropriately described. This book takes a new approach to controverted questions of eucharistic presence by drawing on cognitive linguistics. Arguing that human cognition is grounded in sensorimotor experience and that phenomena such as metaphor and conceptual blending are basic building blocks of thought, the book proposes that inherited models of eucharistic presence are not necessarily mutually exclusive but can serve as complementary members of a shared ecumenical repertoire. The central element of this repertoire is the motif of identity, grounded in the Synoptic and Pauline institution narratives. The book argues that the statement “The eucharistic bread and wine are the body and blood of Christ” can be understood both as figurative and as true in the proper sense, thus resolving a church-dividing dichotomy. The identity motif is complemented by four major non-scriptural motifs: representation, change, containment, and conduit. Each motif with its entailments is explored in depth, and suggestions for ecumenical reconciliation in both doctrine and practices are offered. The book also provides an introduction to cognitive linguistics and offers suggestions for further reading in that field.
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Jillions, John A. Divine Guidance. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190055738.001.0001.
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How are claims to God’s guidance to be understood against the background of fears, fundamentalism, and violence inspired by religious belief? But equally, how are acts of humanity, love, and sacrificial service to be understood, when they also claim to be inspired by God? How is healthy religion to be distinguished from unhealthy religion? Questions like these were the subject of lively debate in the first-century world of Corinth, where the views of Greek, Roman, Jewish, and early Christian residents mixed continually, and where Paul established one of the first Christian communities. While their differences were real, there was also common ground and a shared critique of destructive religion. This study looks at how believers and unbelievers confront questions about divine guidance, discernment, delusion, and rational thought. Part I looks at Greco-Roman views, focusing on the archeology of ancient Corinth and the writings of Homer, Virgil, Lucretius, Posidonius, Cicero, Seneca, Plutarch, and others. Part II surveys Jewish attitudes by looking at Philo and Josephus, Qumran, early rabbinic writers, and other intertestamental literature. Part III unpacks Paul’s First Letter to the Corinthians to show that issues of divine guidance and discernment are woven throughout as Paul shapes a distinctly Christian approach. Part IV brings the historical strands together and considers religious experience research to draw some conclusions about discernment and delusion today in the hope that rational and mystical need not be mutually exclusive.
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Idler, Annette. Borderland Battles. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190849146.001.0001.
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Borderlands are like a magnifying glass on some of the world’s most entrenched security challenges. In unstable regions, border areas attract violent non-state groups, ranging from rebels and paramilitaries to criminal organizations, who exploit central government neglect. These groups compete for territorial control, cooperate in illicit cross-border activities, and provide a substitute for the governance functions usually associated with the state. Drawing on extensive fieldwork with more than six hundred interviews in and on the shared borderlands of Colombia, Ecuador, and Venezuela—where conflict is rife and crime thriving—this book provides exclusive firsthand insights into these war-torn spaces. It reveals how dynamic interactions among violent non-state groups produce a complex security landscape with ramifications for order and governance both locally and beyond. These interactions create not only physical violence but also less visible forms of insecurity. When groups fight each other, community members are exposed to violence but can follow the rules imposed by the opposing actors. Unstable short-term arrangements among violent non-state groups fuel mistrust and uncertainty among communities, eroding their social fabric. Where violent non-state groups engage in relatively stable long-term arrangements, “shadow citizenship” arises: a mutually reinforcing relationship between violent non-state groups that provide public goods and services, and communities that consent to their illicit authority. Contrary to state-centric views that consider borderlands uniformly violent spaces, the transnational borderland lens adopted in the book demonstrates how the geography and political economy of these borderlands intensify these multifaceted security impacts.
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Lamb, Michael. Ethics for Climate Change Communicators. Oxford University Press, 2017. http://dx.doi.org/10.1093/acrefore/9780190228620.013.564.
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Over the last decade, scholars have devoted significant attention to making climate change communication more effective but less attention to ensuring that it is ethical. This neglect risks blurring the distinction between persuasion and manipulation, generating distrust among audiences, and obscuring the conceptual resources needed to guide communicators.Three prevailing approaches to moral philosophy can illuminate various ethical considerations involved in communicating climate change. Consequentialism, which evaluates actions as morally right or wrong according to their consequences, is the implicit moral framework shared by many social scientists and policymakers interested in climate change. While consequentialism rightly emphasizes the consequences of communication, its exclusive focus on the effectiveness of communication tends to obscure other moral considerations, such as what communicators owe to audiences as a matter of duty or respect. Deontology better captures these duties and provides grounds for communicating in ways that respect the rights of citizens to deliberate and decide how to act. But because deontology tends to cast ethics as an abstract set of universalizable principles, it often downplays the virtues of character needed to motivate action and apply principles across a variety of contexts. Virtue ethics seeks to overcome the limits of both consequentialism and deontology by focusing on the virtues that individuals and communities need to flourish. While virtue ethics is often criticized for failing to provide a concrete blueprint for action, its conception of moral development and thick vocabulary of virtues and vices offer a robust set of practical and conceptual resources for guiding the actions, attitudes, and relationships that characterize climate change communication. Ultimately, all three approaches highlight moral considerations that should inform the ethics of communicating climate change.