This book explores the use of the doctrine of good faith in the common law when interpreting contracts and resolving disputes. This doctrine is well-accepted in civil law, is reflected in international commercial law, and is a fundamental aspect of private law in the USA. However, its use in the UK is extremely limited. Inconsistent application has given rise to confusion and uncertainty. This apparent antipathy is somewhat hard to fathom, given its previous widespread acceptance in English law. The book explains in depth the history of good faith in English law, and clarifies its current status in English, Australian and international law. It explores the relationship between good faith within contractual relations and the neighbour principle in tort law, and notes the workability of good faith in the commercial context of insurance. This will be welcomed by contract lawyers in both common law and civil law jurisdictions. A subsequent volume will explore how acceptance of good faith in the law might lead to a re-interpretation of existing contract law doctrine.
The increasing concentration of atmospheric CO2 is now a problem of global concern. Although the consequences of atmospheric CO2 are still evolving, there is compelling evidence that the global environmental system is undergoing profound changes as seen in the recent spike of phenomena: extreme heat waves, droughts, wildfires, melting glaciers, and rising sea levels. These global problems directly resulting from elevated atmospheric CO2, will last for the foreseeable future, and will ultimately affect everyone.The CO2 problem is generally not well understood quantitatively by a general audience; for example, in respect of the increasing rate of CO2 emissions, and the movement of carbon to other parts of Earth's environmental system, particularly the oceans with accompanying acidification. This book therefore presents an introductory global CO2 mathematical model that gives some key numbers — for example, atmospheric CO2 concentration in ppm and ocean pH as a function of time for the calendar years 1850 (preindustrial) to 2100 (a modest projection into the future). The model is based on seven ordinary differential equations (ODEs), and is intended as an introduction to some basic concepts and a starting point for more detailed study.Quantitative insights into the CO2 problem are provided by the model and can be executed, with postulated changes to parameters, by a modest computer. As basic calculus is the only required mathematical background, this model is accessible to high school students as well as beginning college and university students. The programming of the model is in Matlab and R, two basic, widely used scientific programming systems that are generally accessible and usable worldwide. This book can therefore also be useful to readers interested in Matlab and/or R programming, or a translation of one to the change.
The scope of vicarious liability has significantly expanded since its original conception. Today employers are being found liable for actions of employees that they did not authorise, and never would have authorised if asked. They are being held liable for an employee's criminal activity. In the related strict liability field of non-delegable duties, they are being held liable for wrongdoing of independent contractors. Notions of strict liability have grown increasingly isolated in the law of tort, given the exponential growth in the tort of negligence. They require intellectual justification. Such a justification has proven to be elusive and largely unsatisfactory in relation to vicarious liability and to concepts of non-delegable duty. The law of three jurisdictions studied has now apparently embraced the 'enterprise risk' theory to rationalise the imposition of vicarious liability. This book subjects this theory to strong critique by arguing that it has many weaknesses, which the courts should acknowledge. It suggests that a rationalisation of the liability of an employer for the actions of an employee lies in more traditional legal doctrine which would serve to narrow the circumstances in which an employer is legally liable for a wrong committed by an employee.
Gradually, the law of tort has shifted away from a strict-liability approach to one where fault predominates. This book charts important case law documenting this shift. It seeks to understand how and why it occurred. Given that the Rylands v Fletcher decision is typically seen as a prime exemplar of strict liability, it focusses particularly on that case, as part of the historical development of tort law. It considers the intellectual arguments made in favour of strict liability, and for fault-based liability. Having done so, it then focusses on particular areas of the law of tort, including nuisance, defamation and trespass. It is somewhat anomalous that though most would view these as examples of torts of strict liability, fault considerations have become prominent in their application. This presents an uneasy compromise, where torts that are notionally strict in nature are infused with fault considerations, often through exceptions or defences. This book advocates for further development in the law of tort to better reflect a primarily fault-based approach to liability, at least in the common law. This would make the law of tort more coherent.
Introduction : what is Australian public law? -- Constitution I : the history of the Australian state -- Constitution II : the structure of the Australian state -- Legitimation : justifying state power -- Legislation : making valid law -- Administration : governing lawfully -- Adjudication : determining and applying law -- Validation : reviewing state action -- Protection : human rights and Australian public law -- Direction : future trends in Australian public law.
Learning Law is an accessible and engaging introduction to Australian law for students considering a career in the legal profession. This text teaches students how to deal with legislation and cases, focusing on core topics and contextualisation. This second edition has been thoroughly updated and revised, with significant changes including: six new chapters – First Peoples and the law, research, the ethical lawyer, statutory interpretation, lawyers and clients, becoming a lawyer – more coverage of parliaments and courts, new Living Law boxes that showcase the diverse career paths available to law graduates and new Critical Perspective boxes to engage students with critical analysis. Written in a conversational style, Learning Law will leave students feeling more knowledgeable about, and confident in, their interactions with Australian legal institutions and legal professionals. This text is an essential resource that law students will refer to throughout their studies and in the early stages of their career.
The United States Bill of Rights was groundbreaking in providing constitutional recognition to freedom of speech. In the past century the Supreme Court has decided hundreds of cases concerning free speech, providing an established system of jurisprudence to analyze free speech cases. This book explains the development in the US case law and compares it to developments in similar jurisdictions such as Canada, Australia, and the United Kingdom, and Europe. Anthony Gray critiques the jurisprudence of each nation studied, while noting some important similarities and differences in terms of how free speech is protected in the Western world, what causes these differences, what one system might learn from others, and whether convergence in approach can be expected.
There have been times when Australian court judgments have held enormous weight in courts throughout the world, certainly throughout the Commonwealth. Owen Dixon's High Court in the 1950s and Anthony Mason's High Court in the 1980s are examples. If there were an Olympic record for teams of judges - and why not since they have Olympic medals for tae kwon do and beach volleyball - the Mason court would have won gold year after year. The quality of its jurisprudence was the best in the world" - Geoffrey Robertson QC, Sydney Morning Herald, 30th August 2007.This book comprises a selection of articles and speeches by Sir Anthony Mason written and delivered when he was a Justice and later Chief Justice of the High Court of Australia and after his retirement from that Court in 1995. It demonstrates his long standing interest in the judicial process and his desire to communicate to the legal world and the public a more enlightened understanding of the proper scope of judicial law-making and the responsibility of judges for adapting the law to the changing conditions in society. It also displays his acknowledged mastery of public and private law and his belief in the growing significance of international and comparative law in the development of Australian law. The book contains some important speeches and articles on constitutional and administrative law, international law, human rights, equity and contract, the High Court, judicial administration, advocacy, a significant media interview, a State of the Judicature report delivered as the Chief Justice of Australia and his swearing in speeches when appointed as a Justice and later Chief Justice of the High Court. Some of the selected speeches display Sir Anthony's characteristic wit. The book deals with highly topical subjects such as whether Australia should adopt a bill of rights, the health of Australia's democratic institutions, the establishment of an Australian republic, globalization and the decline of parliamentary and national sovereignty. The articles and speeches were chosen and edited by Professor Geoffrey Lindell in consultation with Sir Anthony.
The Wiley Handbook of Contextual Behavioral Science describes the philosophical and empirical foundation of the contextual behavioral science movement; it explores the history and goals of CBS, explains its core analytic assumptions, and describes Relational Frame Theory as a research and practice program. This is the first thorough examination of the philosophy, basic science, applied science, and applications of Contextual Behavioral Science Brings together the philosophical and empirical contributions that CBS is making to practical efforts to improve human wellbeing Organized and written in such a way that it can be read in its entirety or on a section-by-section basis, allowing readers to choose how deeply they delve into CBS Extensive coverage of this wide ranging and complex area that encompasses both a rich basic experimental tradition and in-depth clinical application of that experimental knowledge Looks at the development of RFT, and its implications for alleviating human suffering
Was Mary Magdalene really mistaken when she took the Risen Lord to be a 'gardener' working near the tomb where Christ was laid after the crucifixion? In this compelling volume, Anthony M. Moore persuasively argues that Jesus must be recognised, at atheological level, as the Gardener: the Creator-God Himself. The author skilfully examines the strong evidence available to the reader that the narrative material of the Book of Signs (John 2-12), together with the 'High Priestly Prayer' of John 17, is deliberately infused with the fundamental theme of creation. The first sentence of the Gospel, 'in the beginning', meaningfully echoes the start of Genesis, and sets the tone for what is to come. 'Creation indicators', or leitmotifs, which link the signs narratives in the Fourth Gospel to the sequence of the days of creation, are unpicked in this volume in a careful survey of the placement of particular nouns and verbs within the narratives and how often they occur. Upon these foundations, the author builds his strikingly original thesis: that each miraculous 'sign' of John 2-12 corresponds to a day of creation, and that, subtly but unmistakably, John intends to reveal Jesus as the Creator in all His glory. A book that offers a novel and enlightening way of reading John's Gospel, 'Signs of Salvation' will interest any reader seeking a deeper understanding of a fundamental truth about Christ's nature: He is the God of creation, at one with and participating in the creative work of the Father.
The Foundation of Australia’s Capital Cities is the story of how the places chosen for Australia’s seven colonial capitals came to shape their unique urban character and built environments. Tony Webster traces the effects of each city’s geologically diverse coastal or riverine landform and the local natural materials that were available for construction, highlighting how the geology and original landforms resulted in development patterns that have persisted today.
The Irish Dramatic Revival was to radically redefine Irish theatre and see the birth of Ireland's national theatre, the Abbey, in 1904. From a consideration of such influential precursors as Boucicault and Wilde, Anthony Roche goes on to examine the role of Yeats as both founder and playwright, the one who set the agenda until his death in 1939. Each of the major playwrights of the movement refashioned that agenda to suit their own very different dramaturgies. Roche explores Synge's experimentation in the creation of a new national drama and considers Lady Gregory not only as a co-founder and director of the Abbey Theatre but also as a significant playwright. A chapter on Shaw outlines his important intervention in the Revival. O'Casey's four ground-breaking Dublin plays receive detailed consideration, as does the new Irish modernism that followed in the 1930s and which also witnessed the founding of the Gate Theatre in Dublin. The Companion also features interviews and essays by leading theatre scholars and practitioners Paige Reynolds, P.J. Mathews and Conor McPherson who provide further critical perspectives on this period of radical change in modern Irish theatre.
Engineering the Next Revolution in Neuroscience presents a framework for accelerating discovery in neuroscience. Deriving principles directly from detailed case studies, the authors show how maps of research findings will enable researchers to see what their field has accomplished and where the unexplored territories still reside.
This book explains the historical significance and introduction of the presumption of innocence into common law legal systems. It explains that the presumption should be seen as reflecting notions of moral comfort around judgment of others. Specifically, when one is asked to make a judgment about the guilt or otherwise of a person accused of wrongdoing, the default position should be to do nothing. This reflects the very serious consequences of what we do when we decide someone is guilty of wrongdoing and is not a step to be taken lightly. Traditionally, decision makers have only taken it when they are morally comfortable with that decision. It then documents how legislators in a range of common law jurisdictions have undermined the presumption of innocence, through measures such as reverse onus provisions, allowing or requiring inferences to be made against an accused, redefining offenses and defenses in novel ways to minimize the burden on the prosecutor, and by dressing proceedings as civil when they are in substance criminal. Courts have too easily acceded to such measures, in the process permitting accused persons to be convicted although there is reasonable doubt as to their guilt, and where they are not guilty of sufficiently blameworthy conduct to attract criminal sanction. It finds that the courts must be prepared to re-assert the prime importance of the presumption of innocence, only permitting criminal sanctions to be imposed where they are morally certain that the accused did that of which they have been accused, and morally comfortable that the conduct being addressed is worthy of the kind of criminal sanction which prosecutors seek to impose. Courts must be morally comfortable about the finding of guilt, and the imposition of the criminal penalty in a given case. They have lost sight of this moral underpinning to criminal law process and substance, and it must be regained.
Of the nearly 8 million shoulder injuries treated annually in the United States, almost half are rotator cuff repairs—and most of these injuries are treated by orthopedic sports medicine specialists. Therefore, it is essential that today’s orthopedists specializing in sports medicine have a solid understanding of the most commonly performed shoulder repair procedures. This volume in the Disorders of the Shoulder set covers the full spectrum of shoulder procedures—including open and arthroscopic procedures.
It has been ten years since the 1999 Republican referendum failed. Whilst it was ultimately unsuccessful, it has engaged people in a debate that has spanned a decade. Australians seem to want a republic, but there is uncertainty about what kind of republic we want.
Can the Hippocratic and Judeo-Christian traditions be synthesized with contemporary thought about practical reason, virtue and community to provide real-life answers to the dilemmas of healthcare today? Bishop Anthony Fisher discusses conscience, relationships and law in relation to the modern-day controversies surrounding stem cell research, abortion, transplants, artificial feeding and euthanasia, using case studies to offer insight and illumination. What emerges is a reason-based bioethics for the twenty-first century; a bioethics that treats faith and reason with equal seriousness, that shows the relevance of ancient wisdom to the complexities of modern healthcare scenarios and that offers new suggestions for social policy and regulation. Philosophical argument is complemented by Catholic theology and analysis of social and biomedical trends, to make this an auspicious example of a new generation of Catholic bioethical writing which has relevance for people of all faiths and none.
The fifth edition of this international best-selling emergency medicine handbook has been completely updated and expanded to include the latest evidence-based guidelines in both emergency and acute medicine. The text follows a standard, clear and well set-out approach designed to maximize the practical delivery of care at the bedside. New additions
Three Mile Island burst into the nation's headlines twenty-five years ago, forever changing our view of nuclear power. The dramatic accident held the world's attention for an unsettling week in March 1979 as engineers struggled to understand what had happened and brought the damaged reactor to a safe condition. Much has been written since then about TMI, but it is not easy to find up-to-date information that is both reliable and accessible to the nonscientific reader. TMI 25 Years Later offers a much-needed &"one-stop&" resource for a new generation of citizens, students, and policy makers. The legacy of Three Mile Island has been far reaching. The worst nuclear accident in U.S. history marked a turning point in our policies, our perceptions, and our national identity. Those involved in the nuclear industry today study the scenario carefully and review the decontamination and recovery process. Risk management and the ability to convey risks to the general population rationally and understandably are an integral part of implementing new technologies. Political, environmental, and energy decisions have been made with TMI as a factor, and while studies reveal little environmental damage from the accident, long-term studies of health effects continue. TMI 25 Years Later presents a balanced and factual account of the accident, the cleanup effort, and the many facets of its legacy. The authors bring extensive research and writing The authors bring extensive research and writing experience to this book. After the accident and the cleanup, a significant collection of videotapes, photographs, and reports was donated to the University Libraries at Penn State University. Bonnie Osif and Thomas Conkling are engineering librarians at Penn State who maintain a database of these materials, which they have made available to the general public through an award-winning website. Anthony Baratta is a nuclear engineer who worked with the decontamination and recovery project at TMI and is an expert in nuclear accidents. The book features unique photographs of the cleanup and helpful appendixes that enable readers to investigate further various aspects of the story.
Biography of an groundbreaking, under recognized woman composer written by her only child. It is a paean to her life and work, as well as an apology and a detective story and a psychological analysis..
Psychology: from inquiry to understanding 2e continues its commitment to emphasise the importance of scientific-thinking skills. It teaches students how to test their assumptions, and motivates them to use scientific thinking skills to better understand the field of psychology in their everyday lives. With leading classic and contemporary research from both Australia and abroad and referencing DSM-5, students will understand the global nature of psychology in the context of Australia’s cultural landscape.
Manchester United’s Tony Strudwick leads an all-star panel in providing the most current research on soccer. Soccer Science features the world’s leading experts in soccer history, biomechanics, physiology, psychology, skill acquisition, coaching, tactical approaches, and performance and match analysis.
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