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1
Lipsey, Richard G. A Canadian-U.S. dispute settlement mechanism: Binding or effective? Toronto: C.D. Howe, 1987.
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2
Campos, José Edgardo L. Budgetary institutions and expenditure outcomes: Binding governments to fiscal performance. Washington, DC: World Bank, Policy Research Dept., Public Economics Division, 1996.
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3
Supervisors, San Francisco (Calif ). Board of. Proposed charter amendment - binding interest arbitration: Firefighters, police, airport police. San Francisco: Board of Supervisors, 1990.
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4
The binding oath. Boulder: University Press of Colorado, 2001.
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5
J. W. van der Hulst. De binding aan afspraken in het driehoeksoverleg. Arnhem: Gouda Quint, 1990.
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6
Hauser, Heinz. Zur Bindung des Wirtschaftsgesetzgebers durch Grundrechte. Bern: P. Haupt, 1989.
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7
Gemper, Bodo B., and Helmut Walter Jenkis. Freiheit und Bindung der Wirtschaft: Beiträge zur Ordnungspolitik : Festschrift anlässlich des 70. Geburtstages von Bodo Gemper. Berlin: Duncker & Humblot, 2006.
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8
Mot et globalisert Norge?: Rettslige bindinger, økonomiske føringer og politisk handlingsrom. Oslo: Gyldendal akademisk, 2001.
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9
Bondaruk, Anna. Comparison in English and Polish adjectives: A syntactic study. Lublin: Folium, 1998.
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10
Committee, New Jersey Legislature General Assembly Labor. Committee meeting of Assembly Labor Committee: Assembly bill no. 2111 (enhances coverage of laborers and materialmen under payment bonds); Assembly bill no. 2743 (establishes binding arbitration procedure for Port Authority police officers); Assembly bill no. 212 (the New Jersey Living Wage Act, requires businesses receiving certain public benefits to pay employees at least $6.50 per hour); Assembly bill no. 1121 (the New Jersey Living Wage Act, sets minimum wage and benefit standards for businesses contracting with or assisted by public bodies) : [October 24, 2002, Trenton, N.J.]. Trenton, N.J: The Unit, 2002.
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11
Movement and reconstruction: Questions and principle C effects in English and Polish. Frankfurt am Main: P. Lang, 2003.
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12
Rogers, David E. The AIDS Patient: An Action Agenda/Hard Soft Binding. Westview Press, 1988.
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13
Michael, Furmston, Tolhurst G J, and Mik Eliza. 10 Denial of Legally Binding Effect. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198724032.003.0010.
Повний текст джерелаАнотація:
An agreement is legally enforceable only if it is supported by valuable consideration and there is an intention to contract. This chapter focuses on this requirement of an intention to contract which must exist in all the parties. It discusses the use of presumptions; the presumptions and threshold intention; consideration and intention to contract; family and social agreements; and commercial agreements. The final section deals with letters of comfort. When a bank is approached for finance by a subsidiary of a large company, any initial offer of finance usually will be subject to security being provided by the parent company. Where the parent company is not prepared to provide security, it may provide the bank with a letter of comfort. These letters take three principal forms. The first type acknowledges the subsidiary's loan application and states that it is the policy of the parent company to ensure that its subsidiaries meet their loan obligations. The second type acknowledges the subsidiary's loan application and states that it intends to maintain its shareholding in the subsidiary. The third type simply acknowledges the loan application.
14
Toward a Binding Climate Change Adaptation Regime: A Proposed Framework. Taylor & Francis Group, 2015.
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15
Toward a Binding Climate Change Adaptation Regime: A Proposed Framework. Taylor & Francis Group, 2013.
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16
Grare, Frédéric. India’s Look East Policy and Asian Institutional Architecture. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190859336.003.0009.
Повний текст джерелаАнотація:
India’s attempt to join the process of regional integration was marked by ambivalence. India did bypass its own region to seek integration in the adjacent one, ignoring SAARC to seek membership in some of the ASEAN led institutions. Operating by consensus through non-binding agreements, ASEAN-centered regionalism suited India’s needs for recognition and protected it against the negative repercussions of regional tensions while preventing the rise of potential regional hegemonys. Through its participation in a regional security architecture led by ASEAN rules, India established a normative buffer while being able to influence decisions. However, ASEAN’s centrality (i.e.; consensus based and a unanimous position reflecting common strategic vision) is gradually being eroded by US-China proxy struggle for influence, eroding the foundation of India’s relations with ASEAN, as it may draw New Delhi into the zero-sum game situation it has so far tried to avoid.
17
Cowhey, Peter F., and Jonathan D. Aronson. Creating an International Governance Regime for the Digital Economy. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780190657932.003.0009.
Повний текст джерелаАнотація:
The concluding chapter lays out a strategy for creating an international governance regime for the digital economy. It identifies a core “club” of nations that could champion new digital trade agreements linked to stronger international agreements to advance a trusted digital environment—the Digital Economy Agreement. This agreement would revamp trade policy to adjust to the impact of the information and production disruption by improving rules for digital market integration and would create a foundation that simplifies and strengthens the ability to forge significant pacts advancing the goals of improving privacy and cybersecurity while safeguarding against protectionist trade risks. The design of these agreements emphasizes binding “soft rules” that allow significant variations in national policy trade-offs while establishing a minimum common baseline of policy through the soft rules. Expert multistakeholder organizations drawn from civil society loom large in the design for implementation of the soft rules through such avenues as mutual recognition schemes for certifying compliance with privacy and security objectives. If trade agreements prove unworkable as a starting point, such agreements could be anchored to other types of binding policy agreements. However, trade is the first best option for consideration before there is any decision to resort to second-best strategies.
18
David J, Sandy. Part XI Public Policy and Abuse of Process, 33 The Role of Abuse of Process in Protecting the Integrity of Arbitration Awards. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198783206.003.0034.
Повний текст джерелаАнотація:
Although arbitration awards are final and binding, losing parties may sometimes commence a second set of proceedings on slightly different grounds from the first in an attempt to raise doubt over the status and enforceability of the first award and/or to delay enforcement. In England, the doctrine of abuse of process has been utilized to prevent a second action being pursued. The English courts have developed the principle to prevent collateral attacks on prior judgments and, now, arbitral awards and by so doing, ensure the finality of judgments and awards. This chapter outlines the reasoning behind these decisions and asks whether there is a basis upon which such powers should be available in arbitration more generally, whatever the seat, rules, procedural or governing law. Should the principle of abuse of process, in so far as it prevents a collateral attack on a prior arbitration award, be a power which is generally available to tribunals? If so, what is the source of that power and how should it be exercised? Will arbitration benefit from the recognition of this principle? The chapter suggests that, in most cases, the source of the principle of abuse of process can be more readily found in the parties’ private agreement rather than having to be located in the public policy of any system of law which might be applicable.
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Cowhey, Peter F., and Jonathan D. Aronson. Strategy and International Governance Regimes. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780190657932.003.0005.
Повний текст джерелаАнотація:
Regime theory and policy precedents are used to propose a strategy for international governance reform. Bargaining issues tied to international “coordination” and “cooperation” are contrasted, suggesting a strategy to link coordination and cooperation mechanisms to reduce policy frictions. A regime design that relies on achieving a minimum baseline of authoritative international agreements mixing “soft” and “hard” government commitments is proposed. Soft rules are binding on governments, creating specific policy capabilities, not narrowly defining solutions. These baseline agreements reinforce confidence in good-faith conduct by countries while setting parameters that reduce divergence among varied national policies to achieve quasi-convergence of national policies. Governance, not policy, is the focus because private innovations by industry and civil society must complement government decisions and rules. Incorporating expert multistakeholder organizations from civil society into governance is needed to implement a strategy that stresses experimentation and flexibility in response to rapidly changing technological and economic circumstances.
20
Thatcher, Mark, and Cornelia Woll. Evolutionary Dynamics in Internal Market Regulation in the European Union. Edited by Orfeo Fioretos, Tulia G. Falleti, and Adam Sheingate. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780199662814.013.30.
Повний текст джерелаАнотація:
The chapter shows how European internal market regulation expanded and was transformed from a limited and often non-binding set of policies to an integrated and wide-ranging framework. Incremental but profound change was possible because critical junctures, in particular judgments by the European Court of Justice, allowed the European Commission and its allies to advance new policy proposals with new default positions. This affected the preferences of major member states, created new coalitions, and also led to the emergence of new actors. Feedback loops reinforced the orientation of previous agreements and created changes that most observers would have qualified as impossible three or four decades earlier.
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Craig, Paul, and Gráinne de Búrca. 11. Human Rights in the EU. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198714927.003.0011.
Повний текст джерелаАнотація:
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. This chapter discusses EU human rights law, and the way in which the ECJ developed fundamental rights as part of the Community legal order. The analysis includes the drafting of the EU Charter of Rights, and its application in the post-Lisbon world in which it is legally binding on the EU and on Member States when they act in the scope of EU law. The EU has gradually integrated human rights concerns into a range of its policies. The EU actively promotes its ‘human rights and democratization’ policy in many countries around the world, and uses human rights clauses in its international trade and development policies. It has imposed a human rights-based ‘political conditionality’ on candidate Member States, and claims to integrate human rights concerns throughout its common foreign and security policy.
22
Parpworth, Neil. 16. Tribunals, inquiries, and the ombudsmen remedy. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198810704.003.0016.
Повний текст джерелаАнотація:
This chapter begins by distinguishing between tribunals and inquiries. A tribunal is a permanent body that sits periodically, while an inquiry is something which is established on an ad hoc basis. Tribunals are empowered to make decisions that are binding on those parties subject to their jurisdiction; inquiries generally do not have formal decision-making powers. Tribunals are concerned with matters of fact and law, whereas inquiries are concerned with wider policy issues. The discussion then turns to the reform of the tribunal system, the former Administrative Justice and Tribunals Council, the origins of ombudsmen, the Parliamentary Commissioner, ombudsmen of devolved institutions, the Health Service Commissioner, the Local Government Commissioners, ombudsmen and the courts, proposals for a unified Public Service Ombudsman service, and the European Ombudsman.
23
Froese, Marc D. Formal International Institutions and the Regulation of Flows of Goods and Services. Oxford University Press, 2017. http://dx.doi.org/10.1093/acrefore/9780190846626.013.399.
Повний текст джерелаАнотація:
Trade governance rests upon certain economic assumptions and the ensuing political compromises made possible by the growth of an incremental legal consensus. The main economic assumptions are that trade will deliver upon the objectives of socio-economic development, stable, long-term employment opportunities and poverty reduction. These assumptions are theoretically sound, but are increasingly challenged by the complex political realities of global trade. The study of trade in the field of international political economy (IPE) has deep roots in the postwar disciplines of economics and political science. The literature on the history of trade regulation places the current system, with its emphasis on the legitimizing imprimatur of political power and the significance of binding treaty, into a more nuanced context in which present practices, while sometimes novel, are frequently older than most policy makers realize. In the two decades since the finalization of the Uruguay Round and the creation of the World Trade Organization (WTO), a host of significant issues have arisen as scholars and policy makers attempt to implement the WTO’s mandate and navigate the political waters of trade regulation as it relates to domestic law and policy. These include the set of issues raised by the broadening of trade regulation post-Uruguay Round to include trade related intellectual property rights and trade in services, the contentious issue of trade and economic development, and the issue of WTO reform.
24
Griller, Stefan, Walter Obwexer, and Erich Vranes. Conclusions. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198808893.003.0016.
Повний текст джерелаАнотація:
This chapter synopsizes principal conclusions presented in this book. It stresses that mega-regional agreements risk further augmenting the fragmentation of international economic law and undermining the WTO negotiating forum. Regarding regulatory cooperation, it questions whether non-binding initiatives as those envisioned under CETA and TTIP will succeed and argues that efforts to reduce the vagueness of investment disciplines and thereby to protect domestic policy spaces are questionable. It also stresses that the controversial division of competences between the EU and its Member States greatly impedes their capability to act in international relations. It submits furthermore that citizens are increasingly anxious that they may not be able to democratically influence the process of international economic governance, which makes them feel progressively estranged also from European integration. This chapter concludes that international trade and investment agreements will, for a considerable time, not be discussed, negotiated, and concluded, in the same manner again.
25
Jenkins, Jesse D., and Valerie J. Karplus. Carbon Pricing under Political Constraints. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198802242.003.0003.
Повний текст джерелаАнотація:
The economic prescription for mitigating climate change is clear: price carbon dioxide (CO2) and other greenhouse gas emissions to internalize climate damages. In practice, a variety of political economy constraints have prevented the introduction of a carbon price equal to the full social cost of emissions. This chapter develops insights about the design of climate policy in the face of binding political constraints. Using a stylized model of the energy sector, the authors identify welfare-maximizing combinations of a CO2 price, subsidy for clean energy production, and lump-sum transfers to energy consumers or producers under a set of constraints: limits on the CO2 price, on increases in energy prices, and on energy consumer and producer surplus loss. The authors find that strategically using subsidies or transfers to relieve political constraints can significantly improve the efficiency of carbon pricing policies, while strengthening momentum for a low-carbon transition over time.
26
Das, Onita, and Aneaka Kellayv. Private Security Companies and Other Private Security Service Providers (PSCs) and Environmental Protection in Jus Post Bellum. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198784630.003.0014.
Повний текст джерелаАнотація:
A challenge to environmental protection and the jus post bellum framework is the rise in Private Security Companies and other Private Security Service Providers (PSCs). The marked increase in the outsourcing of vast amounts of operational and logistical work to PSCs have caused key issues around PSC oversight, regulation, and concern around civilian protection linked to environmental issues to arise. Using the Iraq (2003–11) and Afghanistan (2001–14) conflicts as examples, this chapter explores the growth of PSCs, their environmental performance, and reviews the adequacy of legal and policy frameworks that regulate PSCs to ensure the provision of adequate environmental protection as part of jus post bellum in order to contribute to sustainable peace. Areas of law explored include international humanitarian law, international human rights law, binding legislation and soft law specific to PSCs, contract litigation, corporate liability, state and non-state actor obligations in respect to PSCs, and shared responsibility.
27
Ligeti, Katalin, John Vervaele, and André Klip. Preventing and Resolving Conflicts of Jurisdiction in Eu Criminal Law: A European Law Institute Instrument. Edited by Katalin Ligeti and Gavin Robinson. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198829119.001.0001.
Повний текст джерелаАнотація:
This edited volume is based on the European Law Institute's project, 'The Prevention and Resolution of Conflicts of Exercise of Jurisdiction in Criminal Law', co-ordinated by the European Law Institute (ELI) and the University of Luxembourg. The project ran from 2013 to 2017 and was conducted under the auspices of the ELI and the Luxembourg National Research Fund (FNR). The study sought to explore options for a coherent regulatory mechanism for the prevention and settlement of conflicts of jurisdiction in criminal law. Currently, there is no binding instrument establishing a mechanism to resolve conflicts of (exercising) jurisdiction in criminal matters in the EU, although such a mechanism is essential for the effective functioning of a European criminal justice area based on mutual recognition. Building on empirical research and a comparison with civil law solutions to the problem of conflicts of jurisdiction, this volume seeks to impact the EU policy debate by proposing three fully-formed models for legislative action, coupled with extensive analysis of related themes.
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Foblets, Marie-Claire, and Luc Leboeuf, eds. Humanitarian Admission to Europe. Nomos Verlagsgesellschaft mbH & Co. KG, 2020. http://dx.doi.org/10.5771/9783845298603.
Повний текст джерелаАнотація:
Bringing together contributions from legal scholars and practitioners, this book contributes to a broader reflection on the extent to which policy controversies on humanitarian admission to Europe are channeled and managed through law. The book is divided into four parts. The first part identifies the international and European legal obligations that are binding on both the EU and the Member States, and the constraints they impose – potentially and actually – when dealing with migrants who are outside EU territory. The second part studies the legal framework of humanitarian admission in three Member States (Germany, Italy and Belgium), as well as the related procedures and practices. The third part focuses on the experiences of those seeking humanitarian admission, including how they mobilize the law to obtain legal access to Europe. It presents the results of ethnographic fieldwork conducted among refugees in a refugee camp in Uganda who are seeking resettlement, as well as the testimony of the lawyer who defended a Syrian family applying for a humanitarian visa in Belgium in a landmark case that was litigated before the CJEU (X. and X. v. Belgium). The fourth part discusses the prospects for future developments in the EU legal and policy framework, including attempts at reforming the EU Visa Code and establishing a Union resettlement framework. The book is edited by Marie-Claire Foblets and Luc Leboeuf, both from the Department of Law and Anthropology of the Max Planck Institute for Social Anthropology.
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King, Trey. Follow That Easter Egg! (Turtleback School & Library Binding Edition) (Lego City). Turtleback, 2015.
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30
Mevorach, Irit. The Future of Cross-Border Insolvency. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198782896.001.0001.
Повний текст джерелаАнотація:
This book interrogates the current cross-border insolvency regime and sets out a pattern to improve its future. In recent decades, and especially since the global financial crisis, a number of important initiatives have focused on developing effective solutions for managing the insolvency of multinational enterprises and financial institutions. This book takes stock of the varying success of previous policy, and identifies the gaps and biases that could be bridged by employing a range of strategies. The book first sets out the theoretical debates regarding cross-border insolvency and surveys the strengths and weaknesses of the prevailing method, ‘modified universalism’, synthesizing divergences into a rubric for both commercial entities and financial institutions. Adhering to these norms more robustly, the book argues, would enhance global welfare and produce the best outcomes for businesses and institutions. Drawing upon sources from international law as well as behavioural and economic theory, the book considers how to translate modified universalism into binding international law, how to choose the right instrument for cross-border insolvency, the impact instrument design has on decisions and choices, and the means to encourage compliance. In particular, the book proposes measures that could potentially overcome, or at least take into account, behavioural biases in decision-making in order to create a system that works for businesses, and offers a blueprint for the future of cross-border insolvency.
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Abad, José Vicente, ed. Research on Language Teaching and Learning: Advances and Projection. Fondo Editorial Universidad Católica Luis Amigó, 2021. http://dx.doi.org/10.21501/9789588943701.
Повний текст джерелаАнотація:
In 2010, teachers from the B.A. in English Teaching at Universidad Católica Luis Amigó formed CILEX (Construcciones Investigativas en Lenguas Extranjeras). Research and teaching in the program have grown synergistically ever since, but ten years down the road it was time to take stock of our research to project the direction in which we wanted to move forward. This book is the result of that effort to recognize our shared history and thus propel our upcoming academic endeavors. The book starts out by presenting the epistemological foundations of CILEX, which is based on the threefold notion of the language teacher as an intellectual, an academic, and an educator. It thereon explains the system that arranges our academic production within five thematic nodes: cultural studies, language policy, literacies, language teacher education, and language assessment. Each chapter reports on one or two studies in which the authors participated as leading researchers or advisors. Hence, the book also reflects the formative research tradition that characterizes most of our practice. Having language teacher education as a binding thread that cuts across the entire volume, authors present their particular perspective on topics as varied as college academic performance, early childhood literacy, language policy appropriation, teacher educators’ assessment literacy, student teachers’ practicum identity crisis, research training in teacher education, and critical reading instruction. This book condenses the work of a group of teacher educators who believe in the power of research to galvanize teaching and inspire positive educational change. As readers go through its pages, it is our hope they will be able to recognize not only the singular value of each individual chapter but also the richness of our collaboration, which constitutes the fabric of our identity as an academic community.
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Unpaid Health Care Work: A Gender Equality Perspective. Pan American Health Organization, 2021. http://dx.doi.org/10.37774/9789275122310.
Повний текст джерелаАнотація:
A debate on public goods is urgently needed in health care. Care must be recognized as a social function, as an occupation and, at the same time, as a human right—which imposes binding obligations to comply with precise standards of quality, quantity, suitability, adaptability, and accessibility, among others. It is a complex and invisible task, that may be done as part of a medical treatment, post-surgical recovery process, or permanent support in cases of chronic illness, disability, or mental health conditions. And it tends to be provided mainly in the home, by women, without remuneration. In Latin America, care has not been included in a coordinated and specific public health policy agenda but has been advanced through isolated actions—in many cases highly fragmented and heterogeneous—without a clear awareness of the public nature of care and the associated responsibility of the State. Accordingly, this document takes a gender and rights-based approach. It starts with an analysis of the main definitions of unpaid work in the health sector, and then focuses on initiatives in three Latin American countries (Colombia, Costa Rica, and Uruguay) with regard to measurement, valuation, integration, and recognition in national health systems or policies, in care models, and in time-use surveys. The conclusions propose recommendations aimed at addressing unpaid care as an essential element of social policies in general, and health policies in particular, from a gender and rights-based perspective.
33
Antitrust Policy And Vertical Restraints (AEI-Brookings Joint Center for Regulatory Studies). Brookings Institution Press, 2006.
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34
Brunner, Ronald D., and Amanda H. Lynch. Adaptive Governance. Oxford University Press, 2017. http://dx.doi.org/10.1093/acrefore/9780190228620.013.601.
Повний текст джерелаАнотація:
Adaptive governance is defined by a focus on decentralized decision-making structures and procedurally rational policy, supported by intensive natural and social science. Decentralized decision-making structures allow a large, complex problem like global climate change to be factored into many smaller problems, each more tractable for policy and scientific purposes. Many smaller problems can be addressed separately and concurrently by smaller communities. Procedurally rational policy in each community is an adaptation to profound uncertainties, inherent in complex systems and cognitive constraints, that limit predictability. Hence planning to meet projected targets and timetables is secondary to continuing appraisal of incremental steps toward long-term goals: What has and hasn’t worked compared to a historical baseline, and why? Each step in such trial-and-error processes depends on politics to balance, if not integrate, the interests of multiple participants to advance their common interest—the point of governance in a free society. Intensive science recognizes that each community is unique because the interests, interactions, and environmental responses of its participants are multiple and coevolve. Hence, inquiry focuses on case studies of particular contexts considered comprehensively and in some detail.Varieties of adaptive governance emerged in response to the limitations of scientific management, the dominant pattern of governance in the 20th century. In scientific management, central authorities sought technically rational policies supported by predictive science to rise above politics and thereby realize policy goals more efficiently from the top down. This approach was manifest in the framing of climate change as an “irreducibly global” problem in the years around 1990. The Intergovernmental Panel on Climate Change (IPCC) was established to assess science for the Conference of the Parties (COP) to the U.N. Framework Convention on Climate Change (UNFCCC). The parties negotiated the Kyoto Protocol that attempted to prescribe legally binding targets and timetables for national reductions in greenhouse gas emissions. But progress under the protocol fell far short of realizing the ultimate objective in Article 1 of the UNFCCC, “stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference in the climate system.” As concentrations continued to increase, the COP recognized the limitations of this approach in Copenhagen in 2009 and authorized nationally determined contributions to greenhouse gas reductions in the Paris Agreement in 2015.Adaptive governance is a promising but underutilized approach to advancing common interests in response to climate impacts. The interests affected by climate, and their relative priorities, differ from one community to the next, but typically they include protecting life and limb, property and prosperity, other human artifacts, and ecosystem services, while minimizing costs. Adaptive governance is promising because some communities have made significant progress in reducing their losses and vulnerability to climate impacts in the course of advancing their common interests. In doing so, they provide field-tested models for similar communities to consider. Policies that have worked anywhere in a network tend to be diffused for possible adaptation elsewhere in that network. Policies that have worked consistently intensify and justify collective action from the bottom up to reallocate supporting resources from the top down. Researchers can help realize the potential of adaptive governance on larger scales by recognizing it as a complementary approach in climate policy—not a substitute for scientific management, the historical baseline.
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McGrade, A. S. Richard Hooker. Edited by William J. Abraham and Frederick D. Aquino. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199662241.013.23.
Повний текст джерелаАнотація:
This chapter identifies epistemic goods in Hooker’s Of the Laws of Ecclesiastical Polity. Hooker de-epistemizes scripture by arguing that it neither claims to provide nor can provide a particular warrant for every act of ordinary life or an immutably binding plan of church governance. This frees us from stressful searching of scripture and encourages us to use reason. Both reason and tradition foster Hooker’s emphasis on community, evident in his sympathy with other churches and with devout adherents of non-Christian religions. He values public worship as an important epistemic good in itself and as a source of other such goods. He also focuses on virtues—godliness or piety as supreme, classical virtues such as justice, courage, and practical wisdom, and the Christian virtues of faith, hope, and charity—and argues convincingly for the inseparability of politics and religion.
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Hunger, Iris. Coping with Public Health Emergencies of International Concern. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198828945.003.0004.
Повний текст джерелаАнотація:
This chapter looks at the part of international order relating to surveillance and response to public health emergencies of international concern, which in turn forms part of the broader partial international order on global health. The main actor on international health emergencies control is the World Health Organization (WHO), with the International Health Regulations (IHR) being the applicable legally binding document. Based on much older sanitary agreements, the IHR came into being in 1969. Looking in detail at the response to the major international health emergencies following the complete overhaul of the IHR in 2005—pandemic influenza declared in 2009, polio 2014, Ebola 2014, and Zika 2016—this chapter argues that the WHO has become considerably more effective over the last two decades in countering international health emergencies, and that the international order on health emergencies response is remarkably robust, having so far not shown signs of disintegration or decline.
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Anderson, Greg. The Cares of a Corporate Self. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190886646.003.0015.
Повний текст джерелаАнотація:
Here, finally, the book turns to consider what is more conventionally called Athenian “government,” namely the activities of Demos, the council of 500, and the sundry poliadic “officials.” As the chapter stresses, Demos, the ultimate rule-making agency in Attica, was fundamentally different from a modern “state” in at least three ways. The first of these differences concerns their respective quiddities as social objects. Whereas a modern state is conventionally seen as a machine-like material assemblage of practices and individual persons, Demos was a kind of deathless corporate person in its own right, one that both pre-existed and outlived the particular individuals who happened to embody it at any given time. Second, by comparison with the conspicuously activist, highly interventionist states of modernity, Demos was a peculiarly inert kind of agency. In its primary incarnations in assembly meetings and law courts, its function was to serve as a purely deliberative rule-making body, in that it materialized to produce binding resolutions to issues raised by “civilians,” whether they were its assembly “advisors” or the prosecutors in court cases. Third, given that Athenian households were assumed to be largely responsible for governing themselves, both individually and collectively, the competence of Demos was necessarily limited. Essentially, it was responsible for producing binding decisions only on those matters which households could not already manage for themselves, like polis-wide cults, diplomacy, and warfare. In short, to summarize chapters 12-14, demokratia in Attica was not a modern-style “state-centered” form of rule. It was an ongoing exercise in self-management by the unitary social body of Demos, whether acting as its constituent parts or as the totality of the whole.
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Roșu, Felicia. Elective Monarchy in Transylvania and Poland-Lithuania, 1569-1587. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198789376.001.0001.
Повний текст джерелаАнотація:
This book examines the transformation of elective monarchy in Transylvania and the Polish-Lithuanian Commonwealth in the 1570s. It does so by focusing on the foundational and experimental character of the first elections of 1571 (Transylvania) and 1573 and 1575–6 (Poland-Lithuania). In this period, the two polities adopted constitutions based on the same fundamental principles: elective thrones, state-sanctioned religious pluralism, and legal guarantees for the right of disobedience. Despite the important differences between them, Transylvania and Poland-Lithuania had one essential thing in common: they were the only two polities in early modern Europe that secured the succession of their rulers through large-scale elections in which the dynastic principle, although still important, was not binding. Apart from chapter 1, which has a chronological approach, the rest of the book thematically follows the development of an election: from voter inclinations and campaigning strategies, to voting procedures, to the contracts between voters and their chosen candidates, to the authority of the newly elected rulers. The conclusion examines the two elective systems from a more theoretical perspective. It argues that mixed government was accompanied by a mixed language that combined attachment to virtue, liberty, and self-government with a pragmatism that became particularly visible during interregna and elections. The constituents of Transylvania and Poland-Lithuania acted, talked, and saw themselves as both citizens and subjects of the rulers they elected. The phenomenon was not a contradiction but the logical consequence of a system in which those who were ruled were periodically called to rule themselves.