This book challenges current thinking on professional ethics and suggests new ways of looking at ethical issues. The contributors to the volume (Michael Goldberg, Richard P. Vance, Deborah Fernhoff, Nancey Murphy, Theophus H. Smith, Jack L. Sammons Jr., William H. Willimon, and Senator John C. Danforth) are outstanding representatives of their respective professions. In this book, using the categories of religion and narrative as methodological tools, they move readers to a more responsive, hopeful, and truthful conduct of the professions.
With a practical focus on persuasive writing strategies, Advanced Legal Writing: Theory and Strategies in Persuasive Writing explores three classical techniques: logos, pathos, and ethos, and provides students with a thorough introduction to the elements of rhetorical style. Unlike many other advanced legal writing texts, which tend to focus on a document-specific approach, this unique coursebook focuses on classical writing strategies that students can apply to a wide range of settings. The depth and scope of this text make it appropriate for upper-level legal writing courses. The Third Edition has been expanded to include the use of movies and other popular culture media in chapters dealing with literary references. There have also been substantial revisions to the chapter on policy. Features: Comprehensive coverage of the technical aspects of rhetorical style: metaphor, literary allusion, and figures of speech. Emphasizes theory as well as practice, building on three basic strategies of persuasive legal writing: Logos: Logic and rational argument. o Pathos: Value-based argument. Ethos: Establishing credibility. Highlights interdisciplinary contributions to persuasive writing from diverse fields, including cognitive psychology, classical rhetoric, and morality theory. Presents effective strategies that extend beyond the trial or appellate brief to a broad range of documents and settings. Covers new developments in cognitive psychology, pathos, persuasion, and the role of metaphor in persuasive legal writing. Depth and scope appropriate for upper-level legal writing classes. Thoroughly updated, the revised Third Edition offers: Substantial revisions to the chapter on policy. Expanded chapters on literary references now include other media, e.g., movies and other pop culture platforms.
Unfortunately, far too many people don’t like where they work. Some organizations are unhealthy and full of disrespectful behavior. Other workplaces are simply uninspiring. For various reasons, countless people feel trapped, indifferent, or bored at work. The authors of this book believe that people should be able to like where they work. When employees like the places they work, it’s not only good for their mental health and well-being, it’s also good for their organizations – both financially and otherwise. When a workplace culture is purposely created to be respectful and inspiring, employees are happier, more productive, and more engaged. By exploring six key elements that make up a healthy workplace culture, The Culture Question answers two fundamental questions: “How does your organization’s culture impact how much people like where they work?” and “What can you do to make it better?” Discover how to create a workplace where people like to work by focusing on these six elements of healthy workplace culture: Communicating Your Purpose and Values. Employees are inspired when they work in organizations whose purpose and values resonate with them. Providing Meaningful Work. Most employees want to work on projects that inspire them, align with what they are good at, and allow them to grow. Focusing Your Leadership Team on People. How leaders relate to their employees plays a major role in how everyone feels about their workplace. Building Meaningful Relationships. When employees like the people they work with and for, they are more satisfied and more engaged in their work. Creating Peak Performing Teams. People are energized when they work together effectively because teams achieve things that no one person could do on their own. Practicing Constructive Conflict Management. When leaders don’t handle conflict promptly and well, it quickly sours the workplace. This book includes survey feedback from over 2,400 leaders and employees and resources for putting these ideas into action.
This book critically examines "just liberal violence": forms of direct and structural violence that others may be "justly" subjected to. Michael Neu focusses on liberal defences of torture, war and sweatshop labour, respectively, and argues that each of these defences fails and that all of them fail for similar reasons. Liberal defences of violence share several blind spots, and it is the task of this book to reveal them. Neu offers a unifying perspective that reveals the three kinds of defence of violence under investigation as being essentially one of a kind. He demonstrates that each of these defences suffers from serious and irreparable intellectual defects and articulates these defects in a synthesised critique. The book goes on to accuse liberal defenders of being complicit in contemporary structures and practices of violence, and highlights the implications of this argument for moral and political philosophers who spend their professional lives thinking about morality and politics.
In the dimly lit corridors under one of Rome's basilicas, there is an open doorway to a chamber of sacred artifacts. Kept in that chamber since the days of Constantine the Great rests an ancient writing tool that transforms whatever words are written into action. Through centuries past and those to come, there have been some that have yearned to master it for their own power and glory while contending with those who seek to honor its will. Hearts are tested and some will rise to glory while others will find themselves seeking their own destruction.
The past two decades have seen profound changes in the legal profession. Lives of Lawyers Revisited extends Michael Kelly’s work in the original Lives of Lawyers, offering unique insights into the nature of these changes, examined through stories of five extraordinarily varied law practices. By placing the spotlight on organizations as phenomena that generate their own logic and tensions, Lives of Lawyers Revisited speaks to the experience of many lawyers and anticipates important issues on the professional horizon. "Michael Kelly has done it again! His Lives of Lawyers Revisited is a very easy read about some very difficult notions like 'litigation blindness' and law as a business. It presents some fascinating perspectives on our profession." —J. Michael McWilliams, Past President, American Bar Association "The best single book about the American realities and possibilities of the American legal profession, combining an empathic and insightful account of law practice with a penetrating analysis of the wider context of professional work." —Marc Galanter, University of Wisconsin "Michael Kelly believes that professional values and conduct are not realized in codes, but in the experiences of practice, and that practice draws its routines and ideals from organizations. Through his studies of lawyers in various firms, closely observed and sympathetically described, Kelly reveals how differently organizations adapt to the intense pressures of today's practice environment. His method of linking individual life-experiences to organizational strategies and the external constraints of competition and client demands infuses realism and richness into the concept of professionalism and makes this one of the most interesting and original books on professions and professionalism to appear in years." —Robert W. Gordon, Yale Law School "In his two volumes of Lives of Lawyers, Michael Kelly explores legal ethics in an unusual, and unusually rewarding, way. Rather than focusing on rules or arguments, Kelly looks at the kind of lives lawyers lead. Ethics, Socrates thought, is about how to live one's life, and Kelly takes the Socratic question to heart. He explores the institutions lawyers work in and the choices they make. He writes with intelligence, great insight, and above all with heart. This is a superb book." —David Luban, Georgetown University Michael J. Kelly is President and Chairman of the Board of the National Senior Citizens Law Center, an advocacy group for older Americans of limited means.
A collection of the most important writings of Michael Walzer, one of the world's most influential political thinkers Michael Walzer is widely regarded as one of the world's leading political theorists. In a career spanning more than fifty years, he has wrestled with some of the most crucial political ideas and questions of the day, developing original conceptions of democracy, social justice, liberalism, civil society, nationalism, multiculturalism, and terrorism. Thinking Politically brings together some of Walzer's most important work to provide a wide-ranging survey of his thinking and the vision that underlies his responses to contemporary political debates. The book also includes a previously unpublished essay on human rights. David Miller's substantial introduction presents a detailed analysis of the development of Walzer's ideas and connects them to wider currents of political thought. In addition, the book includes a recent interview with Walzer on a range of topical issues, and a detailed bibliography of his works. This collection will be welcomed by scholars in politics and philosophy, as well as anyone keen to engage in discussion on some of the key issues of our times.
Many years after the United States initiated a military response to the terrorist attacks of September 11th, 2001, the nation continues to prosecute what it considers an armed conflict against transnational terrorist groups. Understanding how the law of armed conflict applies to and regulates military operations executed within the scope of this armed conflict against transnational non-state terrorist groups is as important today as it was in September 2001. In The War on Terror and the Laws of War seven legal scholars, each with experience as military officers, focus on how to strike an effective balance between the necessity of using armed violence to subdue a threat to the nation with the humanitarian interest of mitigating the suffering inevitably associated with that use. Each chapter addresses a specific operational issue, including the national right of self-defense, military targeting and the use of drones, detention, interrogation, trial by military commission of captured terrorist operatives, and the impact of battlefield perspectives on counter-terror military operations, while illustrating how the law of armed conflict influences resolution of that issue. This Second Edition carries on the critical mission of continuing the ongoing dialogue about the law from an unabashedly military perspective, bringing practical wisdom to the contentious topic of applying international law to the battlefield.
John M. Doris has been a leading proponent of interdisciplinary approaches to moral psychology for decades. His work has transformed the way in which philosophers approach questions of character, virtue, and agency. This selection of his work focuses on the ways in which human personality orders (or fails to order) moral cognition and behaviour.
Though usually classified as a Romantic, Blake subverts and dissolves the binaries on which Romanticism turns: self and other, art and nature, country and city. Rather than reject the city outright like many of his contemporaries, Blake embraces it as the intricate workshop of human imagination. Each chapter of this book focuses on a specific text of Blake's that illustrates a particular conception of metaphorical embodiment of the city. These shifting metaphors emphasize the construction of all human environments and the need for imaginative labor to build and interpret them. This study seeks to bridge a gap between transcendent and historicist readings of Blake while at the same time challenging assumptions that still color our view of the city in the twenty-first century. Jennifer Davis Michael is Associate Professor of English at the University of the South.
The question of when or if a nation should intervene in another country’s affairs is one of the most important concerns in today’s volatile world. Taking John Stuart Mill’s famous 1859 essay “A Few Words on Non-Intervention” as his starting point, international relations scholar Michael W. Doyle addresses the thorny issue of when a state’s sovereignty should be respected and when it should be overridden or disregarded by other states in the name of humanitarian protection, national self-determination, or national security. In this time of complex social and political interplay and increasingly sophisticated and deadly weaponry, Doyle reinvigorates Mill’s principles for a new era while assessing the new United Nations doctrine of responsibility to protect. In the twenty-first century, intervention can take many forms: military and economic, unilateral and multilateral. Doyle’s thought-provoking argument examines essential moral and legal questions underlying significant American foreign policy dilemmas of recent years, including Libya, Iraq, and Afghanistan.
A bold new interpretation of Augustine’s virtue of hope and its place in political life When it comes to politics, Augustine of Hippo is renowned as one of history’s great pessimists, with his sights set firmly on the heavenly city rather than the public square. Many have enlisted him to chasten political hopes, highlighting the realities of evil and encouraging citizens instead to cast their hopes on heaven. A Commonwealth of Hope challenges prevailing interpretations of Augustinian pessimism, offering a new vision of his political thought that can also help today’s citizens sustain hope in the face of despair. Amid rising inequality, injustice, and political division, many citizens wonder what to hope for in politics and whether it is possible to forge common hopes in a deeply polarized society. Michael Lamb takes up this challenge, offering the first in-depth analysis of Augustine’s virtue of hope and its profound implications for political life. He draws on a wide range of Augustine’s writings—including neglected sermons, letters, and treatises—and integrates insights from political theory, religious studies, theology, and philosophy. Lamb shows how diverse citizens, both religious and secular, can unite around common hopes for the commonwealth. Recovering this understudied virtue and situating Augustine within his political, rhetorical, and religious contexts, A Commonwealth of Hope reveals how Augustine’s virtue of hope can help us resist the politics of presumption and despair and confront the challenges of our time.
In 1776, Thomas Paine declared the end of royal rule in the United States. Instead, “law is king,” for the people rule themselves. Paine’s declaration is the dominant American understanding of how political power is exercised. In making law king, American lawyers became integral to the exercise of political power, so integral to law that legal ethics philosopher David Luban concluded, “lawyers are the law.” American lawyers have defended the exercise of this power from the Revolution to the present by arguing their work is channeled by the profession’s standards of ethical behavior. Those standards demand that lawyers serve the public interest and the interests of their paying clients before themselves. The duties owed both to the public and to clients meant lawyers were in the marketplace selling their services, but not of the marketplace. This is the story of power and the limits of ethical constraints to ensure such power is properly wielded. The Lawyer’s Conscience is the first book examining the history of American lawyer ethics, ranging from the mid-eighteenth century to the “professionalism” crisis facing lawyers today.
How are new technologies changing the practice of law? With examples and explanations drawn from the UK, US, Canada, Australia and other common law countries, as well as from China and Europe, this book considers the opportunities and implications for lawyers as artificial intelligence systems become commonplace in legal service delivery. It examines what lawyers do in the practice of law and where AI will impact this work. It also explains the important continuing role of the lawyer in an AI world. This book is divided into three parts: Part A provides an accessible explanation of AI, including diagrams, and contrasts this with the role and work of lawyers. Part B focuses on six different aspects of legal work (litigation, transactional, dispute resolution, regulation and compliance, criminal law and legal advice and strategy) where AI is making a considerable impact and looks at how this is occurring. Part C discusses how lawyers and law firms can best utilise the promise of AI, while also acknowledging its limitations. It also discusses ethical and regulatory issues, including the lawyer's role in upholding the rule of law.
This cutting-edge volume of original essays features a diverse, international team of prominent scholars examining issues of morality and justice within a global perspective. The chapters are grouped according to an integrative design that progresses from normative principles to normative theories to normative applications. Applications chapters address current significant and provocative topics such as poverty and the global economy; global health; religion; war; and gender, identity, and family. Distinguished philosopher and volume editor Michael Boylan provides a unifying introduction to each section. In addition, an abstract and list of key words provide readers with an informative entry into each reading. An engaging resource for all students of philosophy and politics, The Morality and Global Justice Reader not only offers an essential foundation of global justice and its policy implications, but also aims to inspire readers to positive action for change.
Provides important new content on specific ethical, leadership, and advocacy capabilities that advance the DNP role in nursing practice This core text for the DNP curriculum encompasses all facets of the evolving advanced practice role including diverse professional opportunities and options for career advancement. With ten completely new chapters, the third edition conveys the latest developments in doctoral-level capabilities, including the specific ethical, leadership, and advocacy components that advance these roles. New content addresses health equity, role negotiation, ethical and leadership dilemmas for the clinician, and the preceptor role in relation to doctoral-level advanced practice. Considering the predominance of students seeking the Nurse Practitioner role, the book emphasizes the clinical context for the DNP along with the new AACN Domain of Professionalism. There also are contributions from Nurse Midwives, Nurse Anesthetists, Clinical Nurse Specialists, and DNPs in the Nurse Educator role. The text is distinguished by distinctive Reflective Responses to the authors of all chapters. These may be characterized as a Point-Counterpoint feature—consisting of commentaries by scholars of varying points of view—that stimulates substantive critical dialogue. It examines the role of evidence—both practice-based evidence and evidence-based practice—in the context of clinical problems and policy formation and focuses on how the doctoral advanced prepared nurse can discriminate, translate, and sometimes generate new nursing evidence. The text addresses the need for both forms of evidence and underscores the importance of innovative healthcare intervention models. Included is practical information illustrated with examples geared for both BSN-DNP students and MSN-DNP students. Content on the DNP/PhD double doctorate and the impact of DNP leadership on organizations further examines the relationship between nursing practice, education, and science. New to the Third Edition: Ten new chapters, including coverage of: COVID-19; BSN-DNP Trajectories; Practice-Based Evidence and Evidence-Based Practice; Health Equity; Role Negotiation, Ethical, Leadership, and Advocacy Roles; and 2021 AACN Essentials Expanded roles and content for students of varying experience levels Emphasis on the new AACN Domain of Professionalism throughout Key Features: Focuses on DNP role development with extensive contributions by leading DNP scholars and clinicians Delivers Reflective Responses in a Point-Counterpoint format to stimulate vigorous class discussion Provides critical thinking questions throughout including Reflective Response
This book analyses the development of Rosa Luxemburg (1871–1919) as an outstanding Marxist thinker and socialist politician in the era of imperialism and revolution. Identifying the driving force behind Luxemburg’s development as the deep unity between her passionate, emphatic life and her political and theoretical work, the authors retrace the inner dynamics of its different stages while highlighting the deep rupture caused by the experience of the Russian Revolution. On the basis of new publications of her Polish works and other writings, Luxemburg's strategic approaches are located in an Eastern European context. The authors discuss Luxemburg’s unique analyses of the first experiments in socialist participation in government, of the first Russian revolution and of the forms of accumulation of capital to outline the foundations of her novel understanding of both democratic-socialist revolution and of a society that would point beyond social democracy as well as Bolshevism – a vision that will gain new significance in the twenty first century. This book looks upon the lasting heritage of Rosa Luxemburg as the groundbreaking thinker of the unity between democracy and socialism.
Understand the legal framework that provides the structure of Nursing! This is the only current text to critically examine the vast array of legal and ethical matters confronting nursing faculty in classroom and clinical settings. Designed to assist students preparing to be nurse educators, academic nursing administrators, and novice and seasoned faculty in making real-life decisions about academic issues within a legal and ethical framework. Replete with practical advice from experts in the fields of nursing, law, and ethics, this text guides the reader through legal and ethical principles, analyses of relevant case-based scenarios, and practical recommendations for handling problems in accordance with existing laws and institutional policy. Clearly and concisely written and organized, this text provides a comprehensive description of the legal process, including higher education law, the courts, case law, the role of a university attorney, and how to read and cite judicial decisions. Real-world case scenarios and detailed analyses of pertinent issues, including coverage of incivility, discrimination, harassment, academic dishonesty, and freedom of speech, are examined from the perspective of students, faculty, and administrators. Key Features: Written by a nursing dean, a former nursing dean, an ethicist, and a higher education attorney An entire section of legal and ethical cases, featuring a unique philosophical and ethical perspective Delivers best practices for nursing faculty Provides tips on when to consult the university attorney, critical elements to consider, actions to take when law and ethics conflict, helpful resources, and a glossary of legal terms An Instructor’s Manual and discussion questions facilitate teaching.
Cherif Bassiouni is often referred to as "the father of international criminal law." Every major international criminal law instrument developed in the last forty years, from the Torture Convention to the Statute of the International Criminal Court, bears his hallmark. His writings, diplomatic initiatives, fieldwork, and even litigation have made an unparalleled contribution to the emergence of international criminal law as a distinct discipline within the field of international law. This book contains a collection of fifteen scholarly essays, written by leading experts from around the world, about the theory and practice of modern international criminal law, with a focus on Cherif Bassiouni's unique legacy within this important area. Among the contributing authors are Louise Arbour, UN High Commissioner for Human Rights; Mahnoush Arsanjani, Chief of the UN Office of Legal Affairs Codification Division; Diane Orentlicher, UN Independent Expert on Combating Impunity; Michael Reisman, former President of the Inter-American Commission for Human Rights; Yves Sandoz, Director for International Law of the International Committee of the Red Cross; William Schabas, Member of the Sierra Leone Truth Commission; Brigitte Stern, Advocate for the Bosnians in the World Court's Genocide case; and Prince Hassan bin Talal, first President of the Assembly of States Parties of the International Criminal Court.
Examining the treatment of persons with mental disabilities in the criminal justice system, this book offers new perspectives that are crucial to an understanding of the ways in which society projects onto criminal defendants prejudices and attitudes about responsibility, free will, autonomy, choice, public safety, and the meaning and purpose of punishment, all with a focus on ways to enhance dignity in the criminal trial process. It is a detailed exploration of issues of adequacy of counsel; the impact of international human rights law, following the ratification of the United Nations Convention on the Rights of Persons with Disabilities (CRPD); the role of mental health courts; and the influence of therapeutic jurisprudence, procedural justice, and restorative justice on the legal process. It considers all of these perspectives in the context of criminal justice system issues such as competency findings, the insanity defense, and sentencing. Demonstrating how the question of treatment of persons with mental disabilities in the criminal justice system is not only a vital one for both scholars and practitioners, but also a central facet of international human rights law, this book suggests policy development, further scholarly inquiries, and newly invigorated thinking and action to place dignity at the core of the criminal justice system.
A great deal of contemporary law has a direct connection to the Holocaust. That connection, however, is seldom acknowledged in legal texts and has never been the subject of a full-length scholarly work. This book examines the background of the Holocaust and genocide through the prism of the law; the criminal and civil prosecution of the Nazis and their collaborators for Holocaust-era crimes; and contemporary attempts to criminally prosecute perpetrators for the crime of genocide. It provides the history of the Holocaust as a legal event, and sets out how genocide has become known as the "crime of crimes" under both international law and in popular discourse. It goes on to discuss specific post-Holocaust legal topics, and examines the Holocaust as a catalyst for post-Holocaust international justice. Together, this collection of subjects establishes a new legal discipline, which the author Michael Bazyler labels "Post-Holocaust Law.
Post-2002 events at the U.S. naval facility at Guantanamo Bay have generated a spate of books on its use as a detention center in the U.S. fight against terrorism. Yet the crucial enabling factor-the lease that gave the U.S. control over the territory in Cuba-has till now escaped any but cursory consideration. The Leasing of Guantanamo Bay explains just how Guantanamo Bay came to be a leased territory where the U.S. has no sovereignty and Cuba has no jurisdiction. This is the first definitive account of the details and workings of the unusual and problematic state-to-state leasing arrangement that is the essential but murky foundation for all the ongoing controversies about Guantanamo Bay's role in U.S. anti-terrorism efforts, charges of U.S. human rights violations, and U.S.-Cuban relations. The Leasing of Guantanamo Bay provides an overview of territorial leasing between states and shows how it challenges, compromises, and complicates established notions of sovereignty and jurisdiction. Strauss unfolds the history of the Guantanamo Bay, recounting how the U.S. has deviated widely from the original terms of the lease yet never been legally challenged by Cuba, owing to the strong state-weak state dynamics. The lease is a hodge-podge of three U.S.-Cuba agreements full of discrepancies and uncorrected errors. Cuba's failure to cash the annual rent checks of the U.S. has legal implications not only for the future of Guantanamo Bay but of the Westphalian system of states. Compiled for the first time in one place are the verbatim texts of all the key documents relevant to the Guantanamo Bay lease-including treaties and other agreements, a previously unpublished U.N. legal assessment, and once-classified government correspondence.
In the wake of the Second World War, how were the Allies to respond to the enormous crime of the Holocaust? Even in an ideal world, it would have been impossible to bring all the perpetrators to trial. Nevertheless, an attempt was made to prosecute some. Most people have heard of the Nuremberg trial and the Eichmann trial, though they probably have not heard of the Kharkov Trial--the first trial of Germans for Nazi-era crimes--or even the Dachau Trials, in which war criminals were prosecuted by the American military personnel on the former concentration camp grounds. This book uncovers ten "forgotten trials" of the Holocaust, selected from the many Nazi trials that have taken place over the course of the last seven decades. It showcases how perpetrators of the Holocaust were dealt with in courtrooms around the world--in the former Soviet Union, the United Kingdom, Israel, France, Poland, the United States and Germany--revealing how different legal systems responded to the horrors of the Holocaust. The book provides a graphic picture of the genocidal campaign against the Jews through eyewitness testimony and incriminating documents and traces how the public memory of the Holocaust was formed over time. The volume covers a variety of trials--of high-ranking statesmen and minor foot soldiers, of male and female concentration camps guards and even trials in Israel of Jewish Kapos--to provide the first global picture of the laborious efforts to bring perpetrators of the Holocaust to justice. As law professors and litigators, the authors provide distinct insights into these trials. "--
Michael J. Zimmerman investigates the relation between ignorance and moral responsibility. He begins with the presentation of a case in which a tragedy occurs, one to which many people have unwittingly contributed, and addresses the question of whether their ignorance absolves them of blame for what happened. Inspection of the case issues in the Argument from Ignorance, whose conclusion is that, to be blameworthy for one's behaviour and its consequences, one must at some time in the history of that behaviour have known that one was engaged in wrongdoing-a thesis that threatens to undermine many everyday ascriptions of responsibility. This argument is examined and refined in ensuing chapters by way of, first, a detailed inquiry into the nature of moral responsibility, ignorance, and control, all of which play a crucial role in the argument, and then an application of the fruits of this investigation to the question of whether and how someone might be to blame for behaviour that stems from either culpable ignorance, negligence, recklessness, or the kind of fundamental moral ignorance that often characterizes evildoers. The Argument from Ignorance implies that in a great many such cases the agent has an excuse for the wrongdoing in question. This is a disturbing verdict, and in the final chapter challenges to the argument are entertained. Despite the merits of some of these challenges, it is held that the argument, revised one last time, survives them.
America’s legal system harbors serious, widespread injustices. Many defendants are sent to prison for nonviolent offenses, including many victimless crimes. Convicts often serve draconian sentences in crowded prisons rife with abuse. Almost all defendants are convicted without trial because prosecutors threaten defendants with drastically higher sentences if they request a trial. Most Americans are terrified of encountering any kind of legal trouble, knowing that both civil and criminal courts are extremely slow, unreliable, and expensive to use. This book explores the largest injustices in the legal system and what can be done about them. Besides proposing institutional reforms, the author argues that prosecutors, judges, lawyers, and jury members ought to place justice before the law – for example, by refusing to enforce unjust laws or impose unjust sentences. Issues addressed include: · The philosophical basis for judgments about rights and justice · The problems of overcriminalization and mass incarceration · Abuse of power by police and prosecutors · The injustice of plea bargaining · The appropriateness of jury nullification · The authority of the law, or the lack thereof Justice Before the Law is essential reading for everyone interested in legal ethics, the rule of law, and criminal justice. It is also ideal for students of legal philosophy.
In Legal Pragmatism, Michael Sullivan looks closely at the place of the individual and community in democratic society. After mapping out a brief history of American legal thinking regarding rights, from communitarianism to liberalism, Sullivan gives a rich and nuanced account of how pragmatism worked to resolve conflicts of self-interest and community well-being. Sullivan's view of pragmatism provides a comprehensive framework for understanding democracy, as well as issues such as health care, education, gay marriage, and illegal immigration that will determine its character in the future. Legal Pragmatism is a bold, carefully argued book that presents a unique understanding of contemporary society, law, and politics.
Prosecuting Corporations for Genocide explains how multinational corporations should be criminally liable for their role in financing or otherwise supporting atrocities like genocide. This book demonstrates how international criminal jurisdiction should be extended over corporations for atrocities and makes the case that it should be done promptly.
Rethinking the Welfare State offers a comprehensive and comparative analysis of social welfare policy in an international context, with a particular emphasis on the US and Canada. The authors investigate the claim that a decentralized delivery of government supported goods and services enables policy objectives to be achieved in a more innovative and efficient way, but at a lower cost. Secondly they examine the effectiveness of the voucher system as a solution to problematic welfare concerns. While this system has shown much promise in improving welfare, there have been problems for institutions unable to attract enough voucher-assisted consumers to ensure their survival. In this context, the authors examine major social programmes such as food stamps, primary and secondary education, post-secondary education, labour market training, childcare, healthcare, legal aid, low-income housing, long-term care and pensions.
Punishment policies and practices in the United States today are unprincipled, chaotic, and much too often unjust. The financial costs are enormous. The moral cost is greater: countless individual injustices, mass incarceration, the world's highest imprisonment rate, extreme disparities, especially affecting members of racial and ethnic minority groups, high rates of wrongful conviction, assembly line case processing, and a general absence of respectful consideration of offenders' interests, circumstances, and needs. In Doing Justice, Preventing Crime, Michael Tonry lays normative and empirical foundations for building new, more just, and more effective systems of sentencing and punishment in the twenty-first century. The overriding goals are to treat people convicted of crimes justly, fairly, and even-handedly; to take sympathetic account of the circumstances of peoples' lives; and to punish no one more severely than he or she deserves. Drawing on philosophy and punishment theory, this book explains the structural changes needed to uphold the rule of law and its requirement that the human dignity of every person be respected. In clear and engaging prose, Michael Tonry surveys what is known about the deterrent, incapacitative, and rehabilitative effects of punishment, and explains what needs to be done to move from an ignoble present to a better future.
Ethics and the University brings together two closely related topics, the practice of ethics in the university ("academic ethics") and the teaching of practical or applied ethics in the university. This volume is divided into four parts: * A survey of practical ethics, offering an explanation of its recent emergence as a university subject, situating that subject into a wider social and historical context and identifying some problems that the subject generates for universities * An examination of research ethics, including the problem of plagiarism * A discussion of the teaching of practical ethics. Michael Davis explores how ethics can be integrated into the university curriculum and what part particular cases should play in the teaching of ethics * An exploration of sexual ethics Ethics and the University provides a stimulating and provocative analysis of academic ethics which will be useful to students, academics and practitioners.
Based on the results of their successful eight-year faculty seminar, Michael Boylan and James Donahue provide a practical framework and concrete suggestions for engaging questions of ethics in the university curriculum. This framework will enable college and university professors to address a full range of ethical issues as they arise in classroom discussion, both in the academic disciplines and in professional education. This book contains the insights of both a philosopher and a theologian as it draws on classic theories of ethics in multiple disciplines. It is designed for use by humanists and theists alike. The book provides means for educators and students to work through the following kinds of questions: What ought I to do when faced with ethical choices? What kinds of persons do we aspire to be? What are the ethical messages conveyed in our intellectual disciplines? How do the professions and professional choices reflect ideas of a good society? Ethics across the Curriculum: A Practice-Based Approach will be an essential guide for developing curriculum and pedagogical goals to meet the challenges of ethics education. It will be a great help for professors, school administrators, and all interested in ethics in the university context.
Why have the early years of the 21st century seen increasing use of emergency-type powers or claims of supra-legal executive authority, particularly by the Western countries regarded as the world's leading democracies, notably the United States? This book examines the extraordinary range of executive and prerogative powers, emergency legislation, martial law provisos and indemnities in countries with English-derived legal systems, primarily the UK, the US and Australia. The author challenges attempts by legal and academic theorists to relativise, rationalise, legitimise or propose supposedly safe limits for the use of emergency powers, especially since the September 2001 terrorist attacks. This volume also considers why the reputation of Carl Schmitt, the best-known champion of 'exceptional' dictatorial powers during the post-1919 Weimer Republic in Germany, and who later enthusiastically served and sanctified the Nazi dictatorship, is being rehabilitated, and examines why his totalitarian doctrines are thought to be of relevance to modern society. This diverse book will be of importance to politicians, the media, the legal profession, as well as academics and students of law, humanities and politics.
The goal of military medicine is to conserve the fighting force necessary to prosecute just wars. Just wars are defensive or humanitarian. A defensive war protects one's people or nation. A humanitarian war rescues a foreign, persecuted people or nation from grave human rights abuse. To provide medical care during armed conflict, military medical ethics supplements civilian medical ethics with two principles: military-medical necessity and broad beneficence. Military-medical necessity designates the medical means required to pursue national self-defense or humanitarian intervention. While clinical-medical necessity directs care to satisfy urgent medical needs, military-medical necessity utilizes medical care to satisfy the just aims of war. Military medicine may therefore attend the lightly wounded before the critically wounded or use medical care to win hearts and minds. The underlying principle is broad, not narrow, beneficence. The latter addresses private interests, while broad beneficence responds to the collective welfare of the political community"--
In recent years, stories of reckless lawyers and greedy citizens have given the legal system, and victims in general, a bad name. Many Americans have come to believe that we live in the land of the litigious, where frivolous lawsuits and absurdly high settlements reign. Scholars have argued for years that this common view of the depraved ruin of our civil legal system is a myth, but their research and statistics rarely make the news. William Haltom and Michael McCann here persuasively show how popularized distorted understandings of tort litigation (or tort tales) have been perpetuated by the mass media and reform proponents. Distorting the Law lays bare how media coverage has sensationalized lawsuits and sympathetically portrayed corporate interests, supporting big business and reinforcing negative stereotypes of law practices. Based on extensive interviews, nearly two decades of newspaper coverage, and in-depth studies of the McDonald's coffee case and tobacco litigation, Distorting the Law offers a compelling analysis of the presumed litigation crisis, the campaign for tort law reform, and the crucial role the media play in this process.
Advances in Pediatrics reviews the most current practices in pediatrics. A distinguished editorial board, headed by Dr.Michael Kappy, identifies key areas of major progress and controversy and invites expert pediatricians to contribute original articles devoted to these topics. These insightful overviews bring concepts to a clinical level and explore their everyday impact on patient care. Topics such as fetal diagnosis and surgical intervention, updates in pharmacology, and fatty liver disease are represented, highlighting the most current and relevant information in the field.
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