This book argues that classical natural law jurisprudence provides a superior answer to the questions “What is law?” and “How should law be made?” rather than those provided by legal positivism and “new” natural law theories. What is law? How should law be made? Using St. Thomas Aquinas’s analogy of God as an architect, Brian McCall argues that classical natural law jurisprudence provides an answer to these questions far superior to those provided by legal positivism or the “new” natural law theories. The Architecture of Law explores the metaphor of law as an architectural building project, with eternal law as the foundation, natural law as the frame, divine law as the guidance provided by the architect, and human law as the provider of the defining details and ornamentation. Classical jurisprudence is presented as a synthesis of the work of the greatest minds of antiquity and the medieval period, including Cicero, Aristotle, Gratian, Augustine, and Aquinas; the significant texts of each receive detailed exposition in these pages. Along with McCall’s development of the architectural image, he raises a question that becomes a running theme throughout the book: To what extent does one need to know God to accept and understand natural law jurisprudence, given its foundational premise that all authority comes from God? The separation of the study of law from knowledge of theology and morality, McCall argues, only results in the impoverishment of our understanding of law. He concludes that they must be reunited in order for jurisprudence to flourish. This book will appeal to academics, students in law, philosophy, and theology, and to all those interested in legal or political philosophy.
European Labour Law explores how individual European national legal systems, in symbiosis with the European Union, produce a transnational labour law system that is distinct and genuinely European in character. Professor Brian Bercusson describes the evolution of this system, its national, transnational and global contexts and its institutional and substantive structures. The collective industrial-relations dimension of employment is examined, and the labour law of the EU as manifested in, for example, European works councils is analysed. Important subjects which have traditionally received little attention in some European labour law systems are covered, for example, the fragmentation of the workforce into atypical forms of employment. Attention is also given to the enforcement of European labour law through administrative or judicial mechanisms and the European social dialogue at intersectoral and sectoral levels. This new edition has been extensively updated, as the EU's influence on this area of social policy continues to grow.
The Principles and Practice of International Aviation Law provides an introduction to, and demystification of, the private and public dimensions of international aviation law. Unlike other global sectors, the air transport industry is not governed by a discrete area of the law, but by disparate transnational regulatory instruments. Everything from the routes that an international air carrier can serve to the acquisition of its fleet and its liability to passengers and shippers for incidents arising from its operations can be the object of bilateral and multilateral treaties that represent diverse and often contradictory interests. Beneath this are hundreds of domestic regulatory regimes that also apply national and international rules in disparate ways. The result is an agglomeration of legal cultures that can leave even experienced lawyers and academics perplexed. By combining classical doctrinal analysis with insights from newer disciplines such as international relations and economics, the book maps international aviation law's complex terrain for new and veteran observers alike.
This book articulates an empirically grounded theory of law applicable throughout history and across different societies. Unlike natural law theory or analytical jurisprudence, which are narrow, abstract, ahistorical, and detached from society, Tamanaha's theory presents a holistic vision of law within society, evolving in connection with social, cultural, economic, political, ecological, and technological factors. He revives a largely forgotten theoretical perspective on law that runs from Montesquieu through the legal realists to the present. This book explains why the classic question 'what is law?' has never been resolved, and casts doubt on theorists' claims about necessary and universal truths about law. This book develops a theory of law as a social institution with varying forms and functions, tracing law from hunter-gatherer societies to the modern state and beyond. Tamanaha's theory accounts for social influences on law, legal influences on society, law and domination, multifunctional governmental uses of law, legal pluralism, international law, and other legal aspects largely overlooked in jurisprudence.
The rule of law is the most important political ideal today, yet there is much confusion about what it means and how it works. This 2004 book explores the history, politics, and theory surrounding the rule of law ideal, beginning with classical Greek and Roman ideas, elaborating on medieval contributions to the rule of law, and articulating the role played by the rule of law in liberal theory and liberal political systems. The author outlines the concerns of Western conservatives about the decline of the rule of law and suggests reasons why the radical Left have promoted this decline. Two basic theoretical streams of the rule of law are then presented, with an examination of the strengths and weaknesses of each. The book examines the rule of law on a global level, and concludes by answering the question of whether the rule of law is a universal human good.
To gain a deep understanding of contract law, one needs to master not only the rules and principles of the field, but also its underlying theory and justification, and its long and intricate history. This book offers an accessible introduction to all aspects of American contract law, useful to both first-year law students and advanced contract scholars. The book is grounded on up-to-date scholarship and contains detailed references to cases, statutes, Restatements and international legal principles. The book takes the reader from contract formation through interpretation and remedies, considering both the practical and theoretical aspects throughout. Each chapter also includes helpful lists of suggested further reading.
Filling a need for a case and materials book on constitutional and administrative law, this textbook reflects the latest thinking particularly in relation to the European Communities.
Cannibalism and the Common Law is an enthralling classic of legal history. It tells the tragic story of the yacht Mignonette, which foundered on its way from England to Australia in 1884. The killing and eating of one of the crew, Richard Parker, led to the leading case in the defence of necessity, R. v. Dudley and Stephens. It resulted in their being convicted and sentenced to death, a sentence subsequently commuted. In this tour de force Brian Simpson sets the legal proceedings in their broadest historical context, providing a detailed account of the events and characters involved and of life at sea in the time of sail. Cannibalism and the Common Law is a demonstration that legal history can be written in human terms and can be compulsive reading. This brilliant and fascinating book, a marvelous example of eareful historical detection, and first-class legal history, written by a master.
Filling a need for a case and materials book on constitutional and administrative law, this textbook reflects the latest thinking particularly in relation to the European Communities.
Criminal Law' is written with the needs of the student foremost in mind to provide, more than ever, as modern and as comprehensive an exposition of the criminal law as he or she could possibly require.
Provides a framework for understanding of the legal, contractual and procedural implication of architectural practice. The book acts as a useful aide-memoire for students and practitioners based on the premise that smooth legal administration will provide the conditions under which client relations can be constructive and good design can be achieved.
Provides a set of commentaries on a contractual history of an oil or gas field, from the initial formation of a consortium to bid on concessions, to the abandonment of the facilities. The book is accompanied by a disk containing precedents, to accompany and illustrate the principles described.
This book will help to advance understanding among policymakers, practitioners, and educators and prepare them to limit the negative consequences associated with victimization of older adults. This second edition builds on the earlier edition in five ways. First, new research has been added into each chapter. Second, the tables and figures have been updated, with applied critical thinking questions now included in order to make the tables and figures more interactive with readers. Third, various sections have been added in different chapters. Fourth, chapters 2-7 now include box inserts which include brief overviews written by professionals who are discussing some aspect of elder abuse. Finally, chapter 7 has been added. This new edition will help shed some light on what can be done to prevent elderly persons from being victimized, or at least minimize the consequences of victimization when abuse does occur. It will be of interest to those in several different disciplines, including criminology, gerontology, social work, social welfare, sociology, psychology, victimology, medicine and other social sciences.
The contemporary US legal culture is marked by ubiquitous battles among various groups attempting to seize control of the law and wield it against others in pursuit of their particular agenda. This battle takes place in administrative, legislative, and judicial arenas at both the state and federal levels. This book identifies the underlying source of these battles in the spread of the instrumental view of law - the idea that law is purely a means to an end - in a context of sharp disagreement over the social good. It traces the rise of the instrumental view of law in the course of the past two centuries, then demonstrates the pervasiveness of this view of law and its implications within the contemporary legal culture, and ends by showing the various ways in which seeing law in purely instrumental terms threatens to corrode the rule of law.
Examines law in Micronesia through a focus on the meaningful actions and understandings of legal actors and non-legal actors. It addresses subjects which range from the nature of legal thinking to the autonomy of law.
Cases & Materials on Constitutional & Administrative Law provides students with a comprehensive selection of legal resources to accompany their studies. Extracts from leading cases, academic works, and political documents are drawn together with incisive author commentary and thought-provoking questions to highlight the historical debates and ongoing development of the subject. The authors take a critical look at the doctrines of constitutional law and the principles of administrative law, showing how the constitution operates in relation to Parliament, the Executive, and the citizen. Online Resource Centre This book is supported by an Online Resource Centre providing a wide range of extra resources to further support students in their studies, including: - Updates in constitutional and administrative law - An extensive range of web links - An interactive timeline of significant public law events throughout history - 'Oxford News Now'- a live feed on topical public law issues, sourced from news websites such as the BBC and Guardian
This major new series in the philosophy of science aims to provide a new generation of textbooks for the subject. The series will not only offer fresh treatments of core topics in the theory and methodology of scientific knowledge, but also introductions to newer areas of the discipline. Furthermore, the series will cover topics in current science that raise significant foundational issues both for scientific theory and for philosophy more generally. Biology raises distinct questions of its own not only for philosophy of science, but for metaphysics, epistemology and ethics. This comprehensive new textbook for a rapidly growing field of study provides students new to the subject with an up-to-date presentation of the key philosophical issues. Care is taken throughout to keep the technicalities accessible to the non-biologist but without sacrificing the philosophical subtleties. The first part of the book covers the philosophical challenges posed by evolution and evolutionary biology, beginning with Darwin's central argument in the Origin of the Species. Individual chapters cover natural selection, the selfish gene, alternative units of selection, developmental systems theory, adaptionism and issues in macroevolution. The second part of the book examines philosophical questions arising in connection with biological traits, function, nature and nurture, and biological kinds. The third part of the book examines metaphysical questions, biology's relation with the traditional concerns of philosophy of science, and how evolution has been introduced into epistemological debates. The final part considers the relevance of biology to questions about ethics, religion and human nature.
Montesquieu is often considered the first social thinker. Today, when 'the end of the social' has been proclaimed, it is time to reconsider its beginnings. In a wide-ranging, original interpretation of The Spirit of the Laws, this book explores what did it mean to 'discover the social', and what can it mean to recover the social today?
In "The Philosophy of Nature," Brian Ellis provides a clear and forthright general summation of, and introduction to, the new essentialist position. Although the theory that the laws of nature are immanent in things, rather than imposed on them from without, is an ancient one, much recent work has been done to revive interest in essentialism and "The Philosophy of Nature" is a distinctive contribution to this lively current debate. Brian Ellis exposes the philosophical and scientific credentials of the prevailing Humean metaphysic as less than compelling and makes the case for new essentialism as an alternative metaphysical perspective in lucid and unambiguous terms. This book develops this alternative metaphysic and considers the consequences for philosophy, and for some other areas of investigation, of working with such a metaphysic. Ellis argues that these consequences are profound and that a new essentialism provides a comprehensive new philosophy of nature for a modern scientific understanding of the world.
This book presents a major statement on the dominant philosophy of science by one of the world's leading metaphysicians. Brian Ellis's new book develops the metaphysics of scientific realism to the point where it begins to take on the characteristics of a first philosophy. As most people understand it, scientific realism is not yet such a theory. It is not sufficiently general, and has no plausible applications in fields other than the well-established sciences. Nevertheless, Ellis demonstrates that the original arguments that led to scientific realism may be deployed more widely than they originally were to fill out a more complete picture of what there is. Ellis shows that realistic theories of quantum mechanics, time, causality and human freedom can all be developed satisfactorily, and moral theory can be recast to fit within this comprehensive metaphysical framework.
Law is generally understood to be a mirror of society that functions to maintain social order. Focusing on this general understanding, this text conducts a survey of Western legal and social theories about law and its relationship within society.
Following a scholarly account of Thomas Aquinas's life, Davies explores his purposes in writing the Summa Theologiae and works systematically through each of its three Parts. He also relates their contents and Aquinas's teachings to those of other works and other thinkers both theological and philosophical. The concluding chapter considers the impact Aquinas's best-known work has exerted since its first appearance, and why it is still studied today. Intended for students and general readers interested in medieval philosophy and theology, Davies's study is a solid and reflective introduction both to the Summa Theologiae and to Aquinas in general.
Based on the policy-making structures of Venezuelan government, this book examines the constitutionally allocated powers of the executive and legislature and shows how the powers of each branch are exercised given the incentives established by the electoral system and changing partisan strengths. Several institutional characteristics have led to a passive legislature and an activist chief executive. The advantages presidents enjoy as a result of their constitutional and partisan powers are demonstrated by a wealth of empirical evidence, including records of votes of censure, initiation of legislation, and the use of decree authority. Because of its dominance, the Venezuelan executive branch is the focus of interest-group pressure, which is institutionalized through consultative commissions and a decentralized public administration. The author analyzes memberships of more than 300 advisory commissions and governing boards, revealing the preponderance of posts filled by umbrella agencies for business and labor. The interaction of this limited version of civil society with policy makers in the executive branch has led to a highly protectionist development strategy and excessive government subsidies. The strategy and the political process that made it possible were both exhausted by the end of the 1980s. Venezuela was in political and economic crisis. The author places Venezuela in a comparative context with other Latin American states on three issues: the likelihood that executives will receive disciplined, majority support in the legislature; the constitutional powers of presidents; and the degree to which business and labor are formally incorporated through single peak associations. Participation and policy-making processes vary significantly across Latin American democracies, with few others reaching the level of centralization that has characterized Venezuela. At the other end of the spectrum, some Latin American institutional designs are characterized by diffusion and fragmentation. In conclusion, the author offers a blueprint to modify some of the counterproductive patterns associated with Venezuela, one of the longest-lived but now troubled democracies in Latin America.
One of the hallmark's of Brian Tracy's philosophy is that you are 100% responsible for the results in your life. While Brian Tracy has discussed this philosophy since the 1980's, it is increasingly out of place in our current cultural moment. Today there are numerous voices telling you that any of your struggles or challenges are due to other people or societal conditions that are beyond your control. But, as you'll read in this life-changing book, the philosophy of complaint and "blaming others" is ultimately a dead-end path that leads to despair. In Take Charge of Your Life: The 12 Master Skills for Success, Brian will show you how putting yourself in the driver's seat of your own life, and not delegating responsibility for your results to others, will separate you from the pack faster than ever before. Brian will teach you the attitudes, mindset, and most importantly, the specific skills that will enable you to overcome any forces that others perceive may hold them back---whether it be your education level, current income level, gender, or socio-economic background. Here are just a few of the things you will learn: Maximum Performance. When you're firing on all cylinders, nothing can stop you--so why waste any more time at half speed? Get more out of yourself and generate better results than ever before. Personal Strategic Planning. Success is inevitable when you have a plan. All you have to do is follow it. I cover how to plan — and how to stay on track, no matter what life throws at you. Time Management. Time management is really life management. When you become a super-efficient machine, you complete the highest-value tasks in the least amount of time — and you flourish. Personal Dynamism and Energy. When you exude confidence and energy, it's contagious. You attract other dynamic, energetic people — and together, you experience more. More success, more fun, greater results. Creating Wealth. Once you create a personal plan, and then maximize your efficiency, performance and time management, your income will increase automatically. But what do you do with it? To create wealth, you must have a wealth plan — and that's what we cover here. Communication Power. Even if you're not in sales, you're in sales. Whenever you talk with someone, you have the opportunity to convince him to think the way you think — and to help you achieve your goals. I teach you my proven, time-tested strategies for communicating effectively. And MUCH More.
Are you embarrassed by the Bible? The Bible is full of stories that make us uncomfortable: Israelites stoned adulterers, slaves were told to obey masters, Jesus declared that sinners go to hell, and God commanded His people to kill others, both young and the old alike. In response, many of us opt for a feel-good faith by embracing only the socially acceptable verses and passages. In Uncensored, Brian Cosby disrupts this deadly trajectory by explaining why all Scripture is God-breathed, holy, and essential to us as believers. And he invites you to quit hiding behind the fig leaf of half-truth and embrace a healthy, passionate faith.
Introduces teens to Catholic beliefs, art, culture, and history as expressed in the Catechism of the Catholic Church, discussing Church teachings on social issues of today and providing ideas for putting faith into action.
This book studies tabloid journalism newspapers within the broader context of press freedom in Africa. After defining tabloid journalism and professional practices within various political contexts, the book then proceeds to consider tabloids in Southern Africa and emerging cyberspace laws. Many factors of press freedom are considered, including the impact of public order and national security laws on tabloids in North Africa, the impact of defamation laws on tabloids in West Africa, the impact of the fake news laws on tabloids in East Africa, and the impact of sedition and treason laws on tabloids in Central Africa. Exploring tabloid journalism and press freedom in Arabic, Portuguese, and Francophone speaking countries across Africa, this book is a unique addition to this emerging field. The book concludes by providing a synthesis of the developing patterns from the cases analysed and by looking to the future to make recommendations and map the challenges and the successes.
Brian Tracy is one of the world's leading authorities on success and personal achievement, addressing more than 100,000 men and women each year in public and private seminars. In Maximum Achievement, he gives you a powerful, proven system -- based on twenty-five years of research and practice -- that you can apply immediately to get better results in every area of your life. You learn ideas, concepts, and methods used by high-achieving people in every field everywhere. You learn how to unlock your individual potential for personal greatness. You will immediately become more positive, persuasive, and powerfully focused in everything you do. Many of the more than one million graduates of the seminar program upon which this book is based have dramatically increased their income and improved their lives in every respect. The step-by-step blueprint for success and achievement presented in these pages includes proven principles drawn from psychology, religion, philosophy, business, economics, politics, history, and metaphysics. These ideas are combined in a fast-moving, informative series of steps that will lead you to greater success than you ever imagined possible -- they can raise your self-esteem, improve personal performance, and give you complete control over every aspect of your personal and professional life.
NATIONAL BESTSELLER • From one of the world’s leading physicists and author of the Pulitzer Prize finalist The Elegant Universe, comes “an astonishing ride” through the universe (The New York Times) that makes us look at reality in a completely different way. Space and time form the very fabric of the cosmos. Yet they remain among the most mysterious of concepts. Is space an entity? Why does time have a direction? Could the universe exist without space and time? Can we travel to the past? Greene has set himself a daunting task: to explain non-intuitive, mathematical concepts like String Theory, the Heisenberg Uncertainty Principle, and Inflationary Cosmology with analogies drawn from common experience. From Newton’s unchanging realm in which space and time are absolute, to Einstein’s fluid conception of spacetime, to quantum mechanics’ entangled arena where vastly distant objects can instantaneously coordinate their behavior, Greene takes us all, regardless of our scientific backgrounds, on an irresistible and revelatory journey to the new layers of reality that modern physics has discovered lying just beneath the surface of our everyday world.
The FIDIC Conditions of Contract for Construction and the Conditions of Contract for Plant and Design-Build (known as the 1999 Red Book and the 1999 Yellow Book) were first published in 1999 and have been used for a large number of contracts around the world. During 2005, FIDIC and the multilateral development banks cooperated to publish the MDB Harmonised Conditions of Contract for Construction. This book is a revised and extended edition of the authors earlier guides.
This book provides comprehensive and, above all, business focused guidance on the fundamentals of business law and how they should be integrated into ethical and effective business decisions. It concentrates on legal principles and thereby is able to articulate the impact of global business law and its international applications providing a comprehensive overview of the legal and ethical principles which both facilitate and regulate corporate business. This is an ambitious undertaking, yet arguably no more ambitious than the projects undertaken by global business leaders making business decisions around the world. The author combines the expertise of a long-term blue chip law background with the insights of an experienced business educator. Law and Ethics in Global Business is both a comprehensive course book for MBA study and an invaluable business reference source for any executive involved in global business.
Chronic disease states of aging should be viewed through the prism of metabolism and biophysical processes at all levels of physiological organization present in the human body. This book describes the building blocks of understanding from a reasonable but not high-level technical language viewpoint, employing the perspective of a clinical physician. It brings together concepts from five specific branches of physics relevant to biology and medicine, namely, biophysics, classical electromagnetism, thermodynamics, systems biology and quantum mechanics. Key Features: Broad and up-to-date overview of the field of metabolism, especially connecting the spectrum of topics that range from modern physical underpinnings with cell biology to clinical practice. Provides a deeper basic science and interdisciplinary understanding of biological systems that broaden the perspectives and therapeutic problem solving. Introduces the concept of the Physiological Fitness Landscape, which is inspired by the physics of phase transitions This first volume in a two-volume set, primarily targets an audience of clinical and science students, biomedical researchers and physicians who would benefit from understanding each other’s language.
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