In Independent Thinking on Restorative Practice: Building relationships, improving behaviour and creating stronger communities, Mark Finnis shares a practical and inspiring introduction to the use of restorative practice in educational settings. For those educators who are uncomfortable with the punitive world of zero tolerance, isolation booths and school exclusions, Mark Finnis - one of the UK's leading restorative practice experts - is here to show you that there is another way. Drawing on his many years' experience working with schools, social services and local governments across the country, Mark shares all you need to know about what restorative practice is, how it works, where to start and the many benefits of embedding a relational approach into any educational organisation that genuinely has people at its heart. Covering coaching circles and the power of doing things with (and not to) children and young people, to moving your values off lanyards and posters and into the lived experience of every member of the school community, this book sets out how restorative practice - when done well - can transform every aspect of school life. The book shares advice on how to put behaviour right when it goes wrong in a more positive, less punitive way, and, more importantly, on how to get it right and keep it right in the first place. Furthermore, it advocates an approach that is collaborative, empowering and positive - and ultimately geared to improve motivation, engagement and independent learning in even the hardest-to-reach young people. Suitable for school leaders, educators and anyone working with young people.
[This book] provides an ideal starting point for students of philosophy and law. Setting it clearly against the historical background, [the author] ... leads readers into the heart of the philosophical questions that dominate philosophy of law today ... and [provides an] overview of the contending theories that have sought to resolve these problems ... The book is structured in three parts around the key issues and themes in philosophy of law: what is the law? : the major legal theories addressing the question of what we mean by law, including natural law, legal positivism and legal realism; the reach of the law : the various legal theories on the nature and extent of the law's authority, with regard to obligation and civil disobedience, rights, liberty and privacy; and criminal law : responsibility and mens rea, intention, recklessness and murder, legal defences, insanity and philosophies of punishment ... Revisions include a more detailed analysis of natural law, new chapters on common law and the development of positivism, a reassessment of the Austin-Hart dispute in the light of recent criticism of Hart, a new chapter on the natural law-positivist controversy over Nazi law and legality, and new chapters on criminal law, extending the analysis of the dispute over the viability of the defences of necessity and duress."--
Does God's existence make a difference to how we explain morality? Mark C. Murphy critiques the two dominant theistic accounts of morality—natural law theory and divine command theory—and presents a novel third view. He argues that we can value natural facts about humans and their good, while keeping God at the centre of our moral explanations. The characteristic methodology of theistic ethics is to proceed by asking whether there are features of moral norms that can be adequately explained only if we hold that such norms have some sort of theistic foundation. But this methodology, fruitful as it has been, is one-sided. God and Moral Law proceeds not from the side of the moral norms, so to speak, but from the God side of things: what sort of explanatory relationship should we expect between God and moral norms given the existence of the God of orthodox theism? Mark C. Murphy asks whether the conception of God in orthodox theism as an absolutely perfect being militates in favour of a particular view of the explanation of morality by appeal to theistic facts. He puts this methodology to work and shows that, surprisingly, natural law theory and divine command theory fail to offer the sort of explanation of morality that we would expect given the existence of the God of orthodox theism. Drawing on the discussion of a structurally similar problem—that of the relationship between God and the laws of nature—Murphy articulates his new account of the relationship between God and morality, one in which facts about God and facts about nature cooperate in the explanation of moral law.
Every version of the argument from evil requires a premise concerning God's motivation - about the actions that God is motivated to perform or the states of affairs that God is motivated to bring about. The typical source of this premise is a conviction that God is, obviously, morally perfect, where God's moral perfection consists in God's being motivated to act in accordance with the norms of morality by which both we and God are governed. The aim of God's Own Ethics is to challenge this understanding by giving arguments against this view of God as morally perfect and by offering an alternative account of what God's own ethics is like. According to this alternative account, God is in no way required to promote the well-being of sentient creatures, though God may rationally do so. Any norms of conduct that favor the promotion of creaturely well-being that govern God's conduct are norms that are contingently self-imposed by God. This revised understanding of divine ethics should lead us to revise sharply downward our assessment of the force of the argument from evil while leaving intact our conception of God as an absolutely perfect being, supremely worthy of worship.
Appointed by Pope John XXIII to the Pontifical Commission on Population, Family, and Birth, Fuchs ultimately found himself disappointed in his three years of service and spent the next thirty years exploring a broad array of issues pivotal to a reconstruction of Roman Catholic natural law theory. This is the first full-length analysis of Fuchs's efforts. Beginning historically by looking at Fuchs's writings and beliefs before the Pontifical Commission appointment, including his defense of natural law during the "situation ethics" debates of the 50s and 60s, the concept of personal salvation, and the status of "nature" and "human nature," Graham moves to the intellectual conversion that inspired Fuchs to reconsider his concepts following the commission appointment. From there, Graham engages in a sustained critique of Fuchs's natural theory, addressing both the strengths and weaknesses to be found there and suggest possible avenues of development that would make a positive contribution to the ongoing quest to rehabilitate the Roman Catholic natural law theory that continues to dominate the landscape of moral theology today.
Natural law is a perennial though poorly represented and understood issue in political philosophy and the philosophy of law. In this 2006 book, Mark C. Murphy argues that the central thesis of natural law jurisprudence - that law is backed by decisive reasons for compliance - sets the agenda for natural law political philosophy, demonstrating how law gains its binding force by way of the common good of the political community. Murphy's work ranges over the central questions of natural law jurisprudence and political philosophy, including the formulation and defense of the natural law jurisprudential thesis, the nature of the common good, the connection between the promotion of the common good and requirement of obedience to law, and the justification of punishment.
In the first book wholly concerned with divine authority, Mark C. Murphy explores the extent of God's rule over created rational beings. The author challenges the view—widely supported by theists and nontheists alike—that if God exists, then humans must be bound by an obligation of obedience to this being. He demonstrates that this view, the "authority thesis," cannot be sustained by any of the arguments routinely advanced on its behalf, including those drawn from perfect being theology, metaethical theory, normative principles, and even Scripture and tradition. After exposing the inadequacies of the various arguments for the authority thesis, he develops his own solution to the problem of whether, and to what extent, God is authoritative. For Murphy, divine authority is a contingent matter: while created rational beings have decisive reason to subject themselves to the divine rule, they are under divine authority only insofar as they have chosen to allow God's decisions to take the place of their own in their practical reasoning. The author formulates and defends his arguments for this view, and notes its implications for understanding the distinctiveness of Christian ethics.
Challenging the prevailing understanding of the authority of law, Daniel Mark offers a theory of moral obligation that is rooted both in command and in the law’s orientation to the common good. When and why do we have an obligation to obey the law? Prevailing theories in the philosophy of law, starting with the work of H. L. A. Hart and Joseph Raz, fail to provide definitive answers regarding the nature of legal obligation. In this highly original and effective new work, Daniel Mark argues that there is a prima facie moral obligation to obey the law simply because it is the law. In Mark’s view, the best concept of law—one that allows for the possibility of justified authority and obligation—defines law as a set of commands oriented to the common good. Legal obligation, he proposes, shares defining features with moral obligation and with religious obligation while aligning wholly with neither. This philosophically coherent view of legal obligation offers a viable framework for analyzing important and seemingly paradoxical puzzles about the law, such as why civil disobedience is punished as lawbreaking or why war-crimes trials for legal but immoral acts present a moral quandary. By reconciling the concept of law as command with the role of law in promoting the common good, The Nature of Law provides an original and important scholarly contribution to the fields of legal philosophy and political thought.
In November 1998, the Hawaii and Alaska electorates voted to amend their state constitutions so that same-sex marriages would not have to be recognized. Rather than end the controversy surrounding same-sex marriages, the passage of these amendments will only spur more litigation, because the referenda themselves implicate constitutional guarantees and because amending a state constitution cannot lessen federal constitutional protections. Since same-sex marriages promote many of the same individual and state interests that opposite-sex marriages do, states will be unable to justify their same-sex marriage bans if those rationales are closely examined. When challenged, the recent constitutional amendments in Hawaii and Alaska may well be held unconstitutional by the state supreme courts on federal constitutional grounds, although ultimately the United States Supreme Court will likely be asked to resolve the relevant issues. Suppose that state same-sex marriage bans are held not to violate federal constitutional guarantees, but that one state nonetheless recognizes such unions. The other states will be permitted to refuse to recognize marriages celebrated in that state only if certain conditions have been met. Contrary view notwithstanding, the law of nature exception will not apply in this case. Further, even the Defense of Marriage Act will likely not afford states the right to refuse to recognize any and all same-sex marriages validly celebrated in sister states.
This ebook bundle contains five books that chronicle Canada’s participation in the conflict that gripped the Korean peninsula from 1950–53 and resulted in two very different nations that remain at odds today. This bloody and traumatic face-off between capitalist and communist ideologies highlighted the tensions of the Cold War that drew in nations from many parts of the world. Canadian soldiers did their part and many sacrificed their lives for the democratic cause. Those interested in the war and the Canadian role in it will find a wealth of information and analysis in this collection of works by leading historians. Includes Cross-Border Warriors Deadlock in Korea Fighting Words Korea Triumph at Kapyong
American States of Nature transforms our understanding of the American Revolution and the early makings of the Constitution. The journey to an independent United States generated important arguments about the existing condition of Americans, in which rival interpretations of the term "state of nature" played a crucial role. "State of nature" typically implied a pre-political condition and was often invoked in support of individual rights to property and self-defense and the right to exit or to form a political state. It could connote either a paradise, a baseline condition of virtue and health, or a hell on earth. This mutable phrase was well-known in Europe and its empires. In the British colonies, "state of nature" appeared thousands of times in juridical, theological, medical, political, economic, and other texts from 1630 to 1810. But by the 1760s, a distinctively American state-of-nature discourse started to emerge. It combined existing meanings and sidelined others in moments of intense contestation, such as the Stamp Act crisis of 1765-66 and the First Continental Congress of 1774. In laws, resolutions, petitions, sermons, broadsides, pamphlets, letters, and diaries, the American states of nature came to justify independence at least as much as colonial formulations of liberty, property, and individual rights did. In this groundbreaking book, Mark Somos focuses on the formative decade and a half just before the American Revolution. Somos' investigation begins with a 1761 speech by James Otis that John Adams described as "a dissertation on the state of nature," and celebrated as the real start of the Revolution. Drawing on an enormous range of both public and personal writings, many rarely or never before discussed, the book follows the development of America's state-of-nature discourse to 1775. The founding generation transformed this flexible concept into a powerful theme that shapes their legacy to this day. No constitutional history of the Revolution can be written without it.
Power to the People proposes that some forms of populism are inconsistent with constitutionalism, while others aren't. By providing a series of case studies, some organized by nation, others by topic, the book identifies these populist inconsistencies with constitutionalism-and, importantly, when and how they are not. Opening a dialogue for the possibility of a deeper, populist democracy, the book examines recent challenges to the idea that democracy is agood form of government by exploring possibilities for new institutions that can determine and implement a majority's views without always threatening constitutionalism.
On July 29, 1968, Pope Paul VI ended years of discussion and study by Catholic theologians and bishops by issuing an encyclical on human sexuality and birth control entitled Humanae Vitae: "On Human Life." That document, which declared that "each and every marriage act must remain open to the transmission of life," lead to widespread dissent and division within the Church, particularly in the United States. The divide that Humanae Vitae opened up is still with us today. Mark Massa argues that American Catholics did not simply ignore and dissent from the encyclical's teachings on birth control, but that they also began to question the entire system of natural law theology that had undergirded Catholic thought since the days of Aquinas. Natural law is central to Catholic theology, as some of its most important teachings on issues such as birth control, marriage, and abortion rest on natural law arguments. Drawing inspiration from Thomas Kuhn's classic work The Structure of Scientific Revolutions, Massa argues that Humanae Vitae caused a paradigm shift in American Catholic thought, one that has had far-reaching repercussions. How can theology-the study of God, whose nature is imagined to be eternal and unchanging- change over time? This is the essential question that The Structure of Theological Revolutions sets out to answer. Massa makes the controversial claim that Roman Catholic teaching on a range of important issues is considerably more provisional and arbitrary than many Catholics think.
The most critical naval fighting during the War of 1812 took place, not on the high seas, but on the inland lakes of North America: the Great Lakes and Lake Champlain. Carrying between 12 and 22 cannon, the British and American sloops-of-war were ship-rigged, brig-rigged or schooner-rigged vessels. Lakes actions often involved two ships facing each other broadside to broadside, the best example of which was the battle of Lake Erie in 1813 where HMS Detroit led a Royal Navy squadron against the USS Lawrence-led US Navy. Featuring full-colour artwork, this lively study investigates the prolonged struggle between British and US sloops-of-war, highlighting the differences between the war on the lakes and the war on the oceans during the Age of Fighting Sail. It reveals the circumstances under which these ships were built, how they were armed, and the human story behind their construction and use in battle.
A collection of the best journalism from Canada’s wars, from the time of the Vikings to the war in Afghanistan. Fighting Words is a collection of the very best war journalism created by or about Canadians at war. The collection spans 1,000 years of history, from the Vikings’ fight with North American Natives, through New France’s struggle for survival against the Iroquois and British, to the American Revolution, the War of 1812, the Rebellions of Lower and Upper Canada, the Fenian raids, the North-West Rebellion, the First World War, the Second World War, Korea, peacekeeping missions, and Afghanistan. Each piece has an introduction describing the limits placed on the writers, their apparent biases, and, in many cases, the uses of the article as propaganda. The stories were chosen for their impact on the audience they were written for, their staying power, and, above all, the quality of their writing.
Since America’s founding, the nation’s capital has experienced more than its share of scandals; thankfully, Washington Babylon explores some of the dirtiest secrets that have occurred throughout US history. Some are from the earliest days of America’s founding and include the most famous people in history, like George Washington. Others are still fresh in our minds, as the dust has not even settled. In between, US history is littered with scandals from nearly all walks of life that were the most talked-about stories at the time. Many past scandals remain infamous, such as Watergate, Chappaquiddick, and Abscam. Other scandals that were once the biggest stories of the day have faded into obscurity. Washington Babylon reveals new details in some scandals that were not known when the story first broke, offering a whole new perspective for discussion. This is the most comprehensive collection of American scandals that will educate, entertain, shock, and perhaps, even titillate the reader.
How can people of faith meet the challenge of living morally and faithfully within an increasingly globalized society? Much of the debate about the global market economy is polarized between pro-market ideology and anti-globalization activism. Global Neighbors sidesteps that dichotomy, presenting instead a nuanced, constructive approach. Leading theologians, ethicists, economists, and church leaders here examine the Christian call to live morally, faithfully, and responsibly in today's global marketplace and offer alternative perspectives to such utilitarians as Peter Singer. Contributors: Robert D. Austin Rebecca M. Blank Lee Devin William Goettler Eric Gregory Douglas A. Hicks Janet Parker Rebecca Todd Peters Shirley J. Roels Mark Valeri Jeff Van Duzer Kent Van Til Thomas W. Walker
All over the world secular rationalist governments and judicial authorities have been challenged by increasingly forceful claims made on behalf of divine law. For those who believe that reason—not faith—should be the basis of politics and the law, proponents of divine law raise theoretical and practical concerns that must be addressed seriously and respectfully. As Mark J. Lutz makes plain in this illuminating book, they have an important ally in Plato, whose long neglected Laws provides an eye-opening analysis of the relation between political philosophy and religion and a powerful defense of political rationalism. Plato mounts his case, Lutz reveals, through a productive dialogue between his Athenian Stranger and various devout citizens that begins by exploring the common ground between them, but ultimately establishes the authority of rational political philosophy to guide the law. The result will fascinate not only political theorists but also scholars at all levels with an interest in the intersection of religion and politics or in the questions that surround ethics and civic education.
In the tradition of Margaret MacMillan’s Paris 1919 comes a new consideration of Canada’s most famous war and the Treaty of Ghent that unsatisfactorily concluded it, from one of this country’s premier military historians. In the Canadian imagination, the War of 1812 looms large. It was a war in which British and Indian troops prevailed in almost all of the battles, in which the Americans were unable to hold any of the land they fought for, in which a young woman named Laura Secord raced over the Niagara peninsula to warn of American plans for attack (though how she knew has never been discovered), and in which Canadian troops burned down the White House. Competing American claims insist to this day that, in fact, it was they who were triumphant. But where does the truth lie? Somewhere in the middle, as is revealed in this major new reconsideration from one of Canada’s master historians. Drawing on never-before-seen archival material, Zuehlke paints a vibrant picture of the war’s major battles, vividly re-creating life in the trenches, the horrifying day-to-day manoeuvring on land and sea, and the dramatic negotiations in the Flemish city of Ghent that brought the war to an unsatisfactory end for both sides. By focusing on the fraught dispute in which British and American diplomats quarrelled as much amongst themselves as with their adversaries, Zuehlke conjures the compromises and backroom deals that yielded conventions resonating in relations between the United States and Canada to this very day.
The fields of literature and law intersect in frequent, and often surprising ways. This clear and concise book offers an introduction to the area, covering the history, key thinkers and ideas as well as detailed and fascinating studies into areas such as evidence and truth, inheritance, sex, vigilantism and justice. Each chapter examines a number of familiar authors and texts including Shakespeare, Brecht, Austen, Dickens, Ishiguro, Beecher-Stowe, Atwood, Miller. The book also opens up the broader study of law as it relates to culture in such areas as film, television, and digital media and how they affect such issues as a right to privacy, copyright and creative reworking, and censorship. Mark Fortier offers a concise, systemic introduction to the law and legal system for the lay person, covering basic notions of justice and law (fundamental justice, natural law, positive law) and the legal system (common law vs civil law, case law, statute, constitutional law, private law [tort, contract, property], criminal law, equity, basic rules of evidence, stare decisis, the adversarial system) as well as a very handy glossary of legal terms. This is a fascinating guide to a very topical and increasingly relevant area of literary studies.
Collecting and analyzing intelligence are essential to national security and an effective foreign policy. The public also looks to its security agencies for protection from terrorism, from serious criminality, and to be safe in using cyberspace. But intelligence activities pose inherent dilemmas for democratic societies. How far should the government be allowed to go in collecting and using intelligence before it jeopardizes the freedoms that citizens hold dear? This is one of the great unresolved issues of public policy, and it sits at the heart of broader debates concerning the relationship between the citizen and the state. In Safe and Sound, national security practitioner David Omand and intelligence scholar Mark Phythian offer an ethical framework for examining these issues and structure the book as an engaging debate. Rather than simply presenting their positions, throughout the book they pose key questions to each other and to the reader and offer contrasting perspectives to stimulate further discussion. They probe key areas of secret intelligence including human intelligence, surveillance, ethics of covert and clandestine actions, and oversight and accountability. The authors disagree on some key questions, but in the course of their debate they demonstrate that it is possible to strike a balance between liberty and security.
Nearly every common law jurisdiction in the world has adopted a charter or bill of rights. Yet adopting a new rights document creates, rather than resolves, many fundamental constitutional questions. Should constitutional rights be relevant in private disputes? Does every political question need a constitutional or judicial answer? Should courts and legislatures equally participate in addressing the scope of which issues are to be considered constitutional? Judicializing Everything? illustrates how debates surrounding these persistent judicial questions are best understood as part of an ongoing clash between distinct forms of constitutionalism on and off the bench. Mark S. Harding canvasses the perennial debates within the field of constitutional studies and provides novel ways of understanding key disagreements between judges and scholars alike. Despite important formal differences between rights documents in Canada, New Zealand, and the United Kingdom, Judicializing Everything? shows that there are also considerable similarities in the kinds of cases, arguments, and legal outcomes in the three countries. As political life becomes increasingly constitutionalized and judicialized, this important book sheds light on the persistence of debates over bills of rights and their interpretation.
Moral Theory: An Introduction explores some of the most historically important and currently debated moral theories about the nature of the right and good. Providing an introduction to moral theory that explains and critically examines the theories of such classical moral philosophers as Aristotle, Aquinas, Kant, Bentham, Mill, and Ross, this book acquaints students with the work of contemporary moral philosophers. All of the book's chapters have been revised in light of recent work in moral theory. The second edition includes a new chapter on ethical egoism, an extensively revised chapter on moral particularism, and expanded coverage of divine command theory, moral relativism, and consequentialism. Additionally, this edition discusses recent work by moral psychologists that is making an impact on moral theory.
Failings of the International Court of Justice critically examines the jurisprudence of the International Court of Justice. Even though the legal instrument that establishes the Court provides that its judgments have no formal precedential value, those judgments are treated as authoritative by international lawyers throughout the world. In this book, A. Mark Weisburd argues that the Court's decisions are, in a large minority of cases, poorly reasoned and doubtful as a matter of law, and therefore ought not to be accorded the deference they receive. The book seeks to demonstrate its thesis by a careful review of the Court's errors. It begins with an examination of the law that created and empowered the Court. It then describes the body of law upon which the Court was intended to base its decisions, and the mistakes in the arguments supporting the Court's drawing legal rules from other sources. The book goes on to analyze in detail cases in which the Court has made serious legal errors, first addressing procedural errors, then turning to mistakes in the application of substantive international law. The book closes with a quantitative summing up of the Court's performance, and a tentative explanation for its relatively disappointing record.
Available as an ebook exclusively from Bloomsbury.com, Reeds Western Almanac is provided in Web PDF format for viewing on all compatible devices (including tablets, laptop and desktop computers). PLEASE NOTE: this ebook is NOT compatible with Amazon Kindle devices. The Reeds Western Almanac covers the coastline from Cape Wrath to Padstow as well as the whole of Ireland, and is ideal for any boater lucky enough to cruise and race in the superb waters off the coast of Western Scotland, Ireland or Western England. It offers ready access to essential navigation information by virtue of its clear layout and user friendly format. Completely updated for 2017, topics include seamanship, pilotage, tide tables, safety procedures, navigation tips, radio, lights, waypoints, weather forecast information, communications, Mayday and distress procedures. The spiral binding allows the Almanac to be opened flat on the chart table and the large type size and clear layout makes information easy to read even in adverse conditions. It is the complete guide for both Irish and Scottish mariners as well as those cruising the UK west coast. The ebook incorporates the free Reeds Marina Guide. Also available: free supplements of up-to-date navigation changes from January to June at: www.reedsnauticalalmanac.co.uk 'There are some things I would not go to sea without - Reeds is one of them.' Sir Chay Blyth
Available as an ebook exclusively from Bloomsbury.com, Reeds Nautical Almanac is provided in Web PDF format for viewing on all compatible devices (including tablets, laptop and desktop computers). PLEASE NOTE: this ebook is NOT compatible with Amazon Kindle devices. Reeds Nautical Almanac is the indispensable trusted annual compendium of navigational data for yachtsmen and motorboaters, and provides all the information required to navigate Atlantic coastal waters around the whole of the UK, Ireland, Channel Islands and the entire European coastline from the tip of Denmark right down to Gibraltar, Northern Morocco, the Azores and Madeira. The 2017 edition continues the Almanac's tradition of year on year improvement and meticulous presentation of all the data required for safe navigation. Now with an improved layout for easier reference and with over 45,000 annual changes, it is regarded as the bible of almanacs for anyone going to sea. The 2017 edition is updated throughout, containing over 45,000 changes, and incorporates the Reeds Marina Guide. Also available: free supplements of up-to-date navigation changes from January to June at: www.reedsnauticalalmanac.co.uk The digital version (at additional cost) includes: live weather from the Met Office for up to 72 hours ahead, a helpful route planner, a printing facility and much more. "There are some things I would not go to sea without - Reeds is one of them" Sir Chay Blyth "The big, bold, extravagantly comprehensive king of Almanacs" Yachting World "On every cruising boat you'll find one of these. Don't start your engines without it" Motor Boat and Yachting "The bible of almanacs" Classic Boat
Few issues have polarized Canadians and Americans as much as the abortion debate. In this thoughtful and thought-provoking reflection on the implications the law on abortion has on democracy. mark MacGuigan brings a much-needed perspective to this controversial subject. Few people are as well qualified to do so: MacGuigan is a former law professor, minister of justice and attorney general of Canada, a Catholic, and a federal appellate-court judge. Distinguishing carefully between morality and the law, MacGuigan includes a history of the criminal law, the Catholic Church's views, and the often-ignored roles of individual conscience, freedom and responsibility in democracy. He reviews the essential debate, important case histories, and the evolving social perspectives that have attached themselves to discussions of abortion. he also includes chapters on the related issues of contraception and euthanasia. MacGuigan refers to a wide range of influential and international documents and judgements: papal encyclicals, the Wolfenden Report, Roe vs. Wade, a ruling in a case that involved Dr. Henry Morgentaler, and numerous other sources. With great candour, MacGuigan also explores how his own attitude and position have changed to the point where he now opposes any legislation limiting abortion before viability. Those who are seeking clarity of the issues and those who want to uncloud the rhetoric and the arguments should not miss reading this important work.
If most Americans accept the notion that the market is the most efficient means to distribute resources, why should body parts be excluded? Each year thousands of people die waiting for organ transplants. Many of these deaths could have been prevented were it not for the almost universal moral hand-wringing over the concept of selling human organs. Kidney for Sale by Owner, now with a new preface, boldly deconstructs the roadblocks that are standing in the way of restoring health to thousands of people. Author and bioethicist Mark Cherry reasserts the case that health care could be improved and lives saved by introducing a regulated transplant organs market rather than by well-meant, but misguided, prohibitions.
Human interaction and communication are not only regulated by law,but such communication plays an increasing role in the making and legitimation of law, involving various kinds of participants in the communication process. The precise nature of these communications depends on the legal actors involved -- for instance legislators, judges, legal scholars, and the media -- and on the situations where they arise – for instance at the national and supra-national level and within or between State law and non-State law. The author argues that our conception of legal system, of democracy, of the legitimation of law and of the respective role of judges, legislators and legal scholars should be based on a pluralist and communicative approach, rather than on a monolithic and hierarchical one. This book analyses the main problems of jurisprudence from such a communicative perspective
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