Today, any regular newspaper reader is likely to be exposed to reports on manifold forms of (physical, emotional, sexual) child abuse on the one hand, and abnormal behavior, misconduct or offences of children and minors on the other hand. Occasionally reports on children as victims and children as offenders may appear on the same issue or even the same page. Rather seldom the more complex and largely hidden phenomena of structural hostility or indifference of society with a view to children are being dealt with in the press. Such fragmentary, ambiguous, incoherent or even contradictory perception of children in modem society indicates that, firstly, there is a lack of reliable information on modem childhood, and secondly, children are still treated as a comparatively irrelevant population group in society. This conclusion may be surprising in particular when drawn at the end of The Century of the Child proclaimed by Ellen Key as early as 1902. Actually, there exist unclarities and ambiguities about the evolution of childhood in the last century not only in public opinion, but also in scientific literature. While De Mause with his psycho-historic model of the evolution of childhood, comprising different stages from infanticide, abandonment, ambivalence, intrusion, socialisation to support, underlines the continuous improvement of the condition of childhood throughout history and thus rather confirms Key's expectations, Aries, with his social history of childhood, seems to hold a more culturally pessimistic view.

What can we say about justice in a pluralist world? Is there some universal justice? Are there universal human rights? What is the function of the state in the modern world? Such are the problems dealt with by the 20th world congress of the International Association for Philosophy of Law and Social Philosophy (Amsterdam, June 2001) and published in this book, which is for legal and social philosophers, students of human rights, and political philosophers.

Y. Fujimori, Symposium Programme Committee Chair, and Faculty Member, International Space University e-mail: fujimori@isu. isunet. edu M. Rycroft, Faculty Member, International Space University e-mail: rycroft@isu. isunet. edu Building on the foundations provided by the International Space Station, now partially constructed and already in use in low Earth orbit, what will be the future directions of human spaceflight? This was the key question discussed from many viewpoints - technical, entrepreneurial, governmental, legal - at the seventh Annual Symposium held in Strasbourg, France, early in June 2002. Many ideas on the "whys" and the "hows" of our future exploration of the final frontier were put forward in a stimulating environment. The unique perspective of the International Space University (ISU) - namely an interdisciplinary, international and intercultural perspective - enhanced both the presentations and the discussions. More than 150 people attended the Symposium, including the current members of the Master of Space Studies class who are attending an 11 month course at ISU. They are young professionals and postgraduate students who develop in-depth some part of the broad Symposium theme in their parallel Team Projects. Their final reports will be completed at the end of July 2002, and will be published independently. 1 Beyond the ISS: The Future of Human Spaceflight Keynote Address: A Summary The Need for a New Vision E. Vallerani, Advanced Logistic Technology Engineering Center, The Italian Gateway to the ISS, Corso Marche 79, Torino 10146, Italy e-mail: vallerani. ernesto@spacegate-altec.

PERSONHOOD AND HEALTH CARE This book arose as a result of a pre-conference devoted to the topic held June 28, 1999 in Paris, France. The pre-conference preceded the Annual Congress of the International Academy ofLaw and Mental Health. Other chapters were solicited after the conference in order to more completely explore the relation of personhood to health care. The pre conference was held in honor of Yves Pelicier who led so many of our French colleagues in medicine, philosophy, and ethics as Christian Herve notes in his Tribute. As health care is aimed at healing persons, it is important to realize how difficult it is to construct a theory of personhood for health care, and thus, a theory of how healing in health care comes about or ought to occur. The book is divided into four parts, Concepts of the Person, Theories of Personhood in Relation to Health Care and Bioethics, Person and Identity, and Personhood and Hs Relations. Each section explores a critical arena in constructing the relation of personhood to health care. Although no exploration ofthis nature can be exhaustive, every effort was made to present both conflicting and complementary views of personhood from within similar and different philosophical and religious traditions. PART ONE: CONCEPTS OF THE PERSON Tracing the origins of the concept of person from antiquity through present day, Jean Delemeau provides an historical sketch of the development of a wide range of meanings."

Scare Tactics, the first book on the subject, provides a theory of the structure of reasoning used in fear and threat appeal argumentation. Such arguments come under the heading of the argumentum ad baculum, the argument to the stick/club', traditionally treated as a fallacy in the logic textbooks. The new dialectical theory is based on case studies of many interesting examples of the use of these arguments in advertising, public relations, politics, international negotiations, and everyday argumentation on all kinds of subjects. Many of these arguments are amusing, once you see the clever tactic used; others are scary. Some of the arguments appear to be quite reasonable, while others are highly suspicious, or even outrageously fraudulent. In addition to the examples taken from logic textbooks, other cases treated come from a variety of sources, including political debates, legal arguments, and arguments from media sources, like magazine articles and television ads. The purpose of this book is to explain how such arguments work as devices of persuasion, and to develop a method for analyzing and evaluating their reasonable and fallacious uses in particular cases. The book shows how such arguments share a common structure, revealing several distinctive forms of argument nested within each other. Based on its account of this cognitive structure, the new dialectical theory presents methods for identifying, analyzing, and evaluating these arguments, as they are used in specific cases. The book is a scholarly contribution to argumentation theory. It is written in an accessible style, and uses many colorful and provocative examples of fear and threat appeal arguments that are suitable for classroom discussions. The matters treated will be of interest to professionals and students in law, critical thinking, advertising, speech communication, informal logic, cognitive science, rhetoric, and media studies.

Based on large research material collected in Hungary, Macedonia, Serbia and Bulgaria Social change, Gender and Violence is the book which explores the impact of transition from communism and war on everyday life of women and men, as well as the way how everyday life and gender related changes affect women's vulnerability to domestic violence and trafficking in women. The book also explores the impact of micro level changes on development of civil society, women's movement, and legal and policy changes regarding violence against women. This is a unique book, which tries to look at violence against women as connected to oppression of both women and men. It argues that violence against women in post-communist and war affected societies is significantly connected to the increase of social stratification, economic hardship, unemployment, instability, uncertainty and related social stresses, changes in gender identity and structural inequalities brought by new world order. Using largely accounts of more than hundred interviewed people, the author shows vividly how, in post-communist societies, the contradictions of capitalism are interlaced with the mostly negative relics of communism. Moreover, the book shows how contradictory processes in post-communist societies have led to a rather paradoxical result: political pluralism and a capitalist economic system generated both violence against women and a women's movement, albeit not the conditions for a reduction of violence.

Decisions at the End of Life is the last volume in a trilogy on Aging conceived for the International Library of Ethics, Law, and the New Medicine. Leading scholars from a range of disciplines examine some of the most emotive topics in the study of aging: assessing quality of life, improving end-of-life care, palliative care, euthanasia, and consent to research.

What are moral rights? What role do they play in liberalism? Which rights do we have? Does the language of rights impose formal constraints? Which rights and duties does equality force us to acknowledge? Are rights universal or culture-bound? How should global institutions promote human rights? These are the central questions discussed in this volume. All the contributors are leading figures in moral, legal, or political philosophy, and their papers are published here for the first time. The reader will therefore find in this volume a unique opportunity to acquire a direct acquaintance with some of the most recent developments in the above fields. Although the general tone of the contributions is polemical and rigorous, most of the material will be useful to the specialized reader as well as to the university student.

There has been intense debate in recent times over the legitimacy or otherwise of international law. This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.

No theory is more passionately and widely defined, or decried, than is liberalism in contemporary Anglo-American philosophy. But what is this theory, on which so much ink is spilled? This collection of original essays by leading specialists in political philosophy, legal theory, and economics offers answers to that question, by exploring the theoretical commitments of liberals and some of the practical implications of their view. Among the topics explored is the distinction between liberalism and conservatism, and the degree to which liberals must be committed to neutrality, individualism, equality, freedom, and a contractarian theory of justification. The practical implications of liberalism are further examined by considerations of the proper role of the liberal state in undertaking egalitarian redistribution, the provision of public goods, and retributive punishment. The papers assembled by Narveson and Dimock will be of benefit to anyone working in the areas of political philosophy, political theory, or political economics.

This collection of essays is based upon the presentations given at a symposium on the occasion of the 65th birthday of Professor R diger Wolfrum in December 2006. The contributions cover a wide range of contemporary issues of international law, including state responsibility, crisis management, unity of law, deep sea genetic resources, liability for environmental damage in Antarctica, human rights and intellectual property, and the protection of minorities.

Every year, in the United States and the third world combined, 13.3 million boys and 2 million girls are circumcised. Whether because of perceived medical, cultural, or religious necessity, most of these parents feel they have no alternative but to allow their children to undergo this surgery. Sparking intense debate, the circumcision of children is a highly controversial and complex phenomenon that touches a variety of sociological areas, such as religious beliefs, identity issues, medical conceptualizations, fear, and superstition. The contributors to this volume comprise an international panel of experts in the fields of medicine, psychology, law, ethics, sociology, anthropology, history, theology, and politics. In 18 chapters they discuss the history of circumcision; document the physical and psychological consequences of circumcision; present the latest anatomical discoveries about the male prepuce; analyze the role of circumcision in various traditions; reveal the medical industry's investment in the practice; describe current legislative efforts to protect children from circumcision; and outline effective, culturally sensitive methods that are being implemented today to safeguard the human rights of at-risk children. For its insights into this troubling aspect of culture, Understanding Circumcision: A Multi-Disciplinary Approach to a Multi-Dimensional Problem is a critically important contribution to the growing body of literature on this subject.

This is the first comprehensive account of the modern international law of treaty interpretation expressed in 1969 Vienna Convention, Articles 31-33. As stated by the anonymous referee, it is the most theoretically advanced and analytically refined work yet accomplished on this topic. The style of writing is clear and concise, and the organisation of the book meets the demands of scholars and practitioners alike.

of those problems in law which we inherit and/or retrieve in order to reconstruct and interpret in the light of legal semiotics, however defined. In addition to three main areas of underlying metaphysical assumptions there are also three main areas of possible editorial focus and these should be mentioned. The three areas of focus are: 1) the state-of-the-art of legal semiotics; 2) the dynamic, intense and exceptionally interactive quality of conference participation, and 3) the content of the papers presented which is the material of this volume. My choice of this triad of focal possibilities is to exclude the last since the papers speak for themselves and need but a brief reportorial caption. I also eliminate the second possible focus as the main focus since the discussion was not taped for editing into this volume and must remain for all those who participated a quality of scholarly meetings to be remembered, savored and hoped for. My main focus is on the "state-of-the-art" of legal semiotics. II At the conclusion of the First Round Table on Law and Semiotics (1987) it was noted that there were no working paradigms, in Kuhn's sense, that thus far emerged but rather that several problematic areas were disclosed which warrant attention. Therefore the first concern of Legal Semiotics should be to address the surface, i. e.

The law of the external relations of the European Union is a subject of great importance. The EU institutions have developed an extensive practice in this area, by concluding many international agreements, by participating in the work of international organizations, and by legislating and regulating on matters of external relations. It is a practice giving rise to many legal problems and questions, as evidenced by the substantial and fast expanding body of case-law in this area from the EU Courts. These problems and questions are often of constitutional significance, and the external relations law of the EU therefore occupies an important place in the overall constitutional and institutional development of the EU. This volume examines the legal foundations of the EU's external relations. It focuses on the EU's external competences and objectives; on the instruments, principles, and actors of external policies; and on the legal effects of international agreements and international law. It analyses a number of key external policies, particularly in the fields of trade and foreign policy. Substantially updated to take into account recent case law, it also incorporates an examination of the changes made by the Lisbon Treaty. This new edition, formerly published as External Relations of the European Union: Legal and Constitutional Foundations, is an invaluable asset to those studying and working in the field.

Like most discussions within the tradition of rights-talk, this study is motivated by the desire to promote the idea that rights are moral assets that people should acquire in the course of their membership within social and political frameworks. However, while most participants in rights-talk concentrate on the safety and protection constraints required for a successful exercising of rights, the present study inquires into the circumstances under which people's rights lose their validity. The author believes that if we want to prevent the erosion of the role of rights within society and to encourage their obligatory status, we should prevent their misuse, or their unjustified or excessive use. Those who have interests in rights, and are concerned about their withdrawal or denial, will find a unique and inventive way of dealing both with the use, as well as the abuse of rights.

The papers in this book have been collected in celebration of Carl Wellman, who, after forty-five years, is retiring from teaching. Here I would like to highlight a few of the moments which have shaped Carl as a person and a philosopher. Although his childhood was not unhappy, Carl faced considerable challenges growing up in Manchester, New Hampshire. He ne ver knew his father; he and his mother, Carolyn, had little money; and he fought a long battle with Stevens-Johnson Syndrome, an illness which made hirn more familiar with hospitals than any young person should be. (His mother once told me that there were times when the doctors put Carl in his own hospital room because, while he was too young to be housed with adult men, they did not want the other children to see hirn die. ) Following a year of physician-prescribed rest after high school, the doctors recommended the University of Arizona in the misguided hope that the desert climate might improve his health. In spite of the doctors' hopes, life in Tucson was not easy. The heat takes its toll on everyone, but the desert was especially oppressive for Carl since his unusually sensitive eyes were no match for the intense sun. Still, Carl enjoyed college.

As the dedication ofthis book suggests, the genesis ofthis book arises from my association with Cha'im Perelman. Because I was one of the few Americans to comment on his TraUe de l' argumentation: la nouvelle rhetorique, before it was translated into English, I was invited to a conference celebrating the translation ofthat monumental work into English that was held in August 1970 in Santa Barbara, Califomia at the Center for the Study ofDemocratic Institutions, which was then under the directorship of the late Robert M. Hutchins. From that beginning, Professor Perelman and I developed a strong and warm friendship which was cemented when Professor Perelman and his wife, Fela, came to North Carolina in 1979 as a fellow at the National Humanities Center. I enjoyed the occasions on which I was able to participate in the activities of the Centre National de Recherehes de Logique which had been established, under Professor Perelman's aegis, in Belgium. A trip to Brussels was always something to which I looked forward. Since Professor Perelman's sudden and untimely death in January 1984, shortly after he had been singularly honored by being made a baron by King Baudouin, I have benefited greatly from my participation in the programs of the Perelman Foundation which was established through the generosity and efforts ofBaronne Fela Perelman; a remarkable woman in her own right who has now sadly also passed away.

Das Buch durchdenkt verschiedene Modelle einer engeren Einbindung der EU im IWF und zeigt auf, ob und inwieweit sich einzelne Vorschlage und Ansatze vor dem Hintergrund des geltenden Voelkervertragsrechts und der Interessenlage der IWF-Mitgliedstaaten umsetzen lassen.Im Zuge der seit 2009 virulenten Staatsschuldenkrise ist der Internationale Wahrungsfonds (IWF) in die sogenannten Rettungsschirme und Stabilisierungsmechanismen eingespannt worden. Aus diesem Anlass ist erneut klar geworden, dass die EU im Gefuge des IWF keinen definierten Status hat, obwohl der Euro in dessen sogenanntem Wahrungskorb an die Stelle des franzoesischen Franc und der D-Mark getreten ist. Die ausschliessliche Zustandigkeit der EU fur die Wahrungspolitik der Mitgliedstaaten, deren Wahrung der Euro ist, wirft die Frage auf, ob sie nicht wie in anderen internationalen Organisationen auch Mitglied des IWF werden musste. Dem stehen indessen komplexe rechtliche und politische Hindernisse im Wege.

After World War II, states transformed into 'collective fortresses' in order to protect competing ideological systems. The debate on post-modern statehood heavily built on ideological disputes between liberalism and communism, over the nature of the economic and social system, and the state and government that could sustain such a system. What is an 'ideologically acceptable' state-concept; which tasks and fu- tions should the state fulfil, and how to legitimate not only democratic, but also authoritarian and even totalitarian regimes? These questions were at the very centre of state theory. However, after the fall of communism in Europe and the former Soviet Union, the discourse of state and government scholarship radically changed. The need for a profound shift in the state paradigm was emerging. The time after 1989 seemed to proclaim that the nation-state had lost its raison d'etre as an island of undisputed and unlimited sovereignty. A globalised world order broke open the 'fortress state' that developed within the tradition of European constitutionalism. Given the simultaneous structural changes to the nation-state's foundations, socio-economic and political reforms going hand in hand with new constitutional designs, the 'state in transition' started paving the way towards a new state paradigm, and not only with regard to the states in the process of de- cratic transformation from socialist into liberal constitutional democracies."

data. Furthermore, the European Union established clear basic principles for the collection, storage and use of personal data by governments, businesses and other organizations or individuals in Directive 95/46/EC and Directive 2002/58/EC on Privacy and Electronic communications. Nonetheless, the twenty-?rst century citizen - utilizing the full potential of what ICT-technology has to offer - seems to develop a digital persona that becomes increasingly part of his individual social identity. From this perspective, control over personal information is control over an aspect of the identity one projects in the world. The right to privacy is the freedom from unreasonable constraints on one's own identity. Transactiondata-bothtraf?candlocationdata-deserveourparticularattention. As we make phone calls, send e-mails or SMS messages, data trails are generated within public networks that we use for these communications. While traf?c data are necessary for the provision of communication services, they are also very sensitive data. They can give a complete picture of a person's contacts, habits, interests, act- ities and whereabouts. Location data, especially if very precise, can be used for the provision of services such as route guidance, location of stolen or missing property, tourist information, etc. In case of emergency, they can be helpful in dispatching assistance and rescue teams to the location of a person in distress. However, p- cessing location data in mobile communication networks also creates the possibility of permanent surveillance.

Results of the 2007 Nuremberg Conference on Peace and Justice: Tensions between peace and justice have long been debated by scholars, practitioners and agencies including the United Nations, and both theory and policy must be refined for very practical application in situations emerging from violent conflict or political repression. Specific contexts demand concrete decisions and approaches aimed at redress of grievance and creation of conditions of social justice for a non-violent future. There has been definitive progress in a world in which blanket amnesties were granted at times with little hesitation. There is a growing understanding that accountability has pragmatic as well as principled arguments in its favour. Practical arguments as much as shifts in the norms have created a situation in which the choice is increasingly seen as "which forms of accountability" rather than a stark choice between peace and justice. It is socio-political transformation, not just an end to violence, that is needed to build sustainable peace. This book addresses these dilemmas through a thorough overview of the current state of legal obligations; discussion of the need for a holistic approach including development; analysis of the implications of the coming into force of the ICC; and a series of "hard" case studies on internationalized and local approaches devised to navigate the tensions between peace and justice.

This book analyses the social and legal functions of adoption in selected societies worldwide, and reviews the current global wave of adoption law reform. The author explores trends such as inter-country adoption, and examines similarities and differences in the experience of many nations. The book also provides a window for testing the presumption that within and between cultures there exists a common understanding of what is meant by adoption.

In The Rule of Law and Governance in Indigenous Yoruba Society, John Ayotunde Isola Bewaji has two main goals. The first is to provide an exploration of aspects of indigenous Yoruba philosophy of law. The second is to relate this philosophy of law to the Yoruba indigenous traditions of governance, with a view to appreciating the relevance of the Yoruba traditions of law and governance to contemporary African experiments with imported Western democracy in the 21st century. This book is devoted to what can be described as a juridical forensic investigation of Nigeria's predicament of developmental deficit, leading to gross and unconscionable impoverishment of large segments of the population, in the midst of so much natural resources and abundant human capital, using Yoruba indigenous legal traditions as reflective template. Bewaji urges that Africa has to take seriously the necessity of obedience, observance, enforcement and operation of law as no respecter of persons, groups, affiliations and pedigrees as was in the case in the societies founded by our ancestors, rather than the present scenario whereby the highest bidder procures semblances of justice from a crooked system of common law which was never designed to be fair, equitable and just to the disadvantaged in society.

Administrative legal systems are based on national constitutional legal traditions and cultural values. This book offers a historical and comparative analysis of English and German Administrative law. There is a growing need for comparative material and analysis in Administrative law - this book provides a valuable contribution to this field.