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William Galston is a distinguished political philosopher whose work is informed by the experience of having served from 1993-1995 as President Clinton's Deputy Assistant for Domestic Policy. Isaiah Berlin first advanced the moral theory of value pluralism in the 1950s and it subsequently was developed by a number of distinguisthed scholars, including Galston. In Liberal Pluralism, Galston defends a version of value pluralism for political theory and practice. Against the contentions of John Gray and others, Galston argues that value pluralism undergirds a kind of liberal politics that gives great weight to the ability of individuals and groups to live their lives in accordance with their deepest beliefs about what gives meaning and purpose to life. This account of liberal pluralism is shown to have important implications for political deliberation and decision-making, for the design of public institutions, and for the division of legitimate authority among government, religious institutions, civil society, parents and families, and individuals. Liberal pluralism leads to a vision of a good society in which political institutions are active in a limited sphere and in which, within broad limits, families and civil associations may organize and conduct themselves in ways that are not congruent with the principles that govern the public sphere. William Galston is Professor, School of Public Affairs, University of Maryland and Director at the Institute for Philosophy and Public Policy. He is the author of Liberal Purposes (Cambridge, 1991), which won the Spitz Prize. Galston's other books include Justice and the Human Good (Chicago, 1980) and IKant and the Problem of History (Chicago, 1975). He is also a Senior Advisor to the Democratic Leadership Council and the Progressive Policy Institute.
Good research is vital for forming effective policies; this can come from a variety of organizations. What types of research and knowledge are most effective in policymaking processes, and how do relationships become established between researchers and policymakers?This study from Practical Action, UK and the Overseas Development Institute, UK, explores the links between knowledge, research, and civil society campaigns. The researchers focus on a twenty-year period of development and negotiations on the Plant Genetic Resources for Food and Agriculture policy. The research examines the effectiveness of two research categories: polemical materials produced by non-governmental organizations and scientific and technical research produced by specialist academics and institutes. The study identifies five "transition episodes" between 1981 and 2001. These episodes created the momentum for the policy process, concluding in an international agreement agreed in 2001, the UN Food and Agriculture Organisation (FAO) International Treaty on Plant Genetic Resources for Food and Agriculture--is also known as the International Seed Treaty.
Anna Elisabetta Galeotti examines the most intractable problems which toleration encounters and argues that what is really at stake is not religious or moral disagreement but the unequal status of different social groups. Liberal theories of toleration fail to grasp this and consequently come up with normative solutions that are inadequate when confronted with controversial cases. Galeotti proposes an alternative, toleration as recognition, which addresses the problem of according equal respect to groups as well as equal liberty to individuals.
Seventh Street Alchemy by Brian Chikwava is the winner of the 2004 Caine Prize This is the fifth anthology of Caine Prize shortlisted stories, and the third to include the proceedings of a Caine Prize African Writers' Workshop. Out of the twelve countries represented on the five short lists to date, three have been North African, three East African, three West African and three from southern Africa. So the prize has a truly pan-African reach. It is widely referred to now as 'the African Booker' and 'Africa's leading literary award' - in Africa, in the UK and increasingly in the US. The impact on the writers' lives has been dramatic. The first two winners, Leila Aboulela and Helon Habila, have both had outstanding success with their work since Habila won a Commonwealth prize for his first novel in 2002 and his second novel is with the publishers. Leila Aboulela's second novel, Minaret, has just been published by Bloomsbury. Chimamanda Ngozi Adichie (Caine Prize shortlist 2002) was on the Orange Prize shortlist for her first novel, Purple Hibiscus, published by Harper, and it won the Commonwealth First Book Prize in 2005. appears in an excellent collection of stories from North Africa, Sardines and Oranges, published this year by Banipal. And Doreen Baingana, shortlisted in 2004, was given a Writers' Programme Award for her collection, Tropical Fish - Stories from Entebbe, published this year by Massachusetts University Press. The 2004 Caine Prize winner is the Zimbabwean writer, Brian Chikwava. Also on the shortlist, with Doreen Baingana, were Monica Arac de Nyeko, also from Uganda, Parselelo Kantai from Kenya and Chika Unigwe from Nigeria. Their stories appear in this volume. Except for Kantai, who was busy on a Reuters' fellowship at Oxford University, they participated in this year's Caine Prize Writers' workshop, as did Charles Mungoshi (Zimbabwe) and Jackee Batanda (Uganda), who were both highly commended by the 2004 Prize judges.
Through courtroom dramas from 1865 to 1920, Recasting American Liberty offers a dramatic reconsideration of the critical role railroads, and their urban counterpart, streetcars, played in transforming the conditions of individual liberty at the dawn of the 20th century. The three-part narrative, focusing on the law of accidental injury, nervous shock, and racial segregation in public transit, captures Americans' journey from a cultural and legal ethos celebrating manly independence and autonomy to one that recognized and sought to protect the individual against the corporate power, modern technology and modern urban space.
Through courtroom dramas from 1865 to 1920, Recasting American Liberty offers a dramatic reconsideration of the critical role railroads, and their urban counterpart, streetcars, played in transforming the conditions of individual liberty at the dawn of the 20th century. The three-part narrative, focusing on the law of accidental injury, nervous shock, and racial segregation in public transit, captures Americans' journey from a cultural and legal ethos celebrating manly independence and autonomy to one that recognized and sought to protect the individual against the corporate power, modern technology and modern urban space.
The history of England's House of Lords in the nineteenth century has been largely misunderstood or ignored by historians. Richard W. Davis argues that the Lords were not primarily reactionary or obstructive, but rather a House in which much beneficial legislation was enacted. More conservative in political questions than the Commons perhaps, the Lords at least equaled them in compassion for the poor and suffering. While many historians also argue that after the Reform Act of 1832 the Lords had little real power, the Lords actually had precisely the same power after the Act as before: a bill could become law only after it passed both Houses of Parliament. They also had the power of veto and used it, particularly from 1833 to 1841 after the passage of the Act that is supposed to have so weakened them. The Whig House of Commons did not appreciate the actions of the Conservative majority in the Lords, but the electorate, becoming more conservative with every election, cared not at all.
Multinational Democracies is the first collaborative, multi-perspective critical survey of a new and distinctive type of political association that is coming into prominence in the twenty-first century. These are democratic societies that are not only multicultural but also multinational: that is, they comprise two or more nations. Nineteen leading comparative political scientists and political theorists from Europe and North America clarify the complex character and tensions of multinational democracies by reflecting on four exemplars--the United Kingdom, Spain, Belgium and Canada. The work offers a new approach to the study, understanding and governing of multinational societies and, in so doing, of culturally diverse societies more generally. This volume will be of interest to those concerned with diverse societies, nationalism, struggles for recognition, federalism and democratic constitutionalism in conditions of pluralism.
Ten years after the entry into force of the Lisbon Treaty, has executive predominance in EU-related matters disappeared? How have executive-legislative relations in the EU evolved over a crisis-ridden decade, from the financial and migration crises, to Brexit and the COVID-19 pandemic? The Lisbon Treaty could be expected to lead to the re-balancing of powers in favour of parliaments, for it significantly enhanced the roles of both the European Parliament and national parliaments. A decade later the contributions to this edited volume examine - for the first time in such an extensive breadth and from a multi-level and cross-policy perspective - whether this has actually materialised. They highlight that diverging tendencies may be observed, and that important variations over time have occurred, depending particularly on the occurrence of crises. As stated in the fascinating epilogue by Peter Lindseth (University of Connecticut School of Law), this is an 'admirably coherent collective volume, whose contributions provide an excellent overview of key aspects of executive-legislative relations in the European system since the Treaty of Lisbon'. This edited volume will hence be of interest to both academics and practitioners interested in future reforms designed at the European and national levels to improve the EU's democratic quality.
Winner of both the Olive Schreiner Prize and the CNA Literary Award, The Castaways is a strikingly original novel.
A. John Simmons is widely regarded as one of the most innovative and creative of today's political philosophers. His work on political obligation is regarded as definitive and he is also internationally respected as an interpreter of John Locke. The characteristic features of clear argumentation and careful scholarship that have been hallmarks of his philosophy are everywhere evident in this collection. The essays focus on the problems of political obligation and state legitimacy as well as on historical theories of property and justice. Cumulatively the collection presents a distinctive social and political philosophy, exploring the nature of our most fundamental rights and obligations, and displaying the power and plausibility of Lockean ideal theory.
Der sechste Band dokumentiert die Verfolgung von MfS-Straftaten. Gegenstand der Verfahren waren zum einen standardisierte Massnahmen des Ministeriums fur Staatssicherheit der DDR, wie das Abhoeren von Telefongesprachen, die Postkontrolle und die konspirative Wohnungsdurchsuchung. Dazu gehoert auch der Bruch der beruflichen Schweigepflicht durch AErzte und Rechtsanwalte, die dem MfS als inoffizielle Mitarbeiter zuarbeiteten. Zum anderen befasste sich die Strafjustiz mit Aktivitaten des MfS, die nach Art und Ausfuhrung eher den Charakter von Einzelfallmassnahmen hatten: Mordanschlage, Verschleppungen, Denunziationen von Fluchtvorhaben und regimekritischen Handlungen, unerlaubte Festnahmen, Repressalien gegen Ausreiseantragsteller, die Einwirkung auf psychiatrische Behandlungen sowie die Aufnahme von Angehoerigen der "Rote Armee Fraktion" in der DDR. Angeklagt waren neben hauptamtlichen und inoffiziellen Mitarbeitern des MfS auch Privatpersonen, die in MfS-Aktionen verstrickt waren. Die Dokumentation zeigt die umfassende Durchdringung aller Lebensbereiche der DDR-Gesellschaft durch das MfS. Zugleich werden die besonderen rechtlichen und tatsachlichen Schwierigkeiten deutlich, vor die sich die Strafjustiz bei der Aufarbeitung dieser Deliktsgruppe gestellt sah.
This book provides invaluable insights to one of the most difficult areas of European integration. Public procurement represents an instrument of policy choice for governments and its regulation interacts with a variety of policies, including the promotion of competition, employment, social policy, and environmental protection. The author vividly elaborates on the in-built flexibility of the newly enacted rules and provides a codified analysis of their interpretation by the EU judiciary. Finally, considerable debate is dedicated to future dimensions of public procurement regulation in the form of public private partnerships and concessions.
[Withdrawal from the Organized Capital Market (Delisting). A simultaneous investigation into investor protection under capital market law in relation to shareholder protection under corporate law based on the interpretation of Section 38 IV German Securities Act (Boersengesetz)] Voluntary withdrawal from the organized capital market (delisting) is the subject of intense discussion. The discussion is primarily rooted in the Macrotron decision of the German Federal Supreme Court, the importance of which extends far beyond that case. Based on his experience gained in his corporate law practice and his work for an exchange regulatory authority, the author develops approaches for interpreting and solving the dogmatic and practical problems raised by this decision, by already taking into account the German Corporate Integrity and Modernization of Investor Protection Act (Gesetz zur Unternehmensintegritat und Modernisierung des Anfechtungsrechts - UMAG) and the Capital Investor Representative Proceedings Act (Kapitalanleger-Musterverfahrensgesetz - KapMuG). The author thus places delisting in the context of the European competition between the exchanges or between exchange and non-exchange securities markets while giving consideration to current developments in European capital market law and the treatment of delisting in other countries. The core of the article is coping with the juxtaposition of corporate and capital market regulations as well as remedies from an overarching view of exchange, takeover, and corporate law. The author develops a concept for handling this problem, which, beyond delisting, can enrich the understanding of the relationship between corporate and capital market law. The results of this reflection, as well as considerations of constitutional doctrine, thus give cause to critically question the Federal Supreme Court's Macrotron decision.
This interdisciplinary book of essays addresses critical issues arising from the emergence of legal institutions in contemporary China. One section of the book focuses on the legal process: how law is mobilized by ordinary people to redress injustice, the role of legal culture, the extent to which citizens can sue state officials, and how disputes involving workers and veterans are settled. A second set of papers explores specific legal institutions, such as the security apparatus, labor reeducation camps, and rules that punish infringement of intellectual property rights. Almost all the contributors are social scientists who have recently engaged in field research in China. The introduction by the editors and the individual chapters attempt, for the first time, to bring to bear on the study of Chinese law the law-and-society scholarship that has enriched Western legal studies in recent years.
[Writings pertaining to European and international private, banking and commercial law] Europeanization and internationalization challenge the realm of jurisprudence to an extraordinary degree. The division in special fields and the relationship with other social sciences necessitate critical reevaluation in view of many interactions. Cross-references between commercial law regulation and private, autonomous arrangement distinctly show this development. Jurisprudence emerging beyond Germany has to deal with such challenges. The law of financial services serves as an example of the cross-section material from private law and (public) commercial law. This takes into account the series at hand in terms of content and method. In addition to banking, capital market and financial law as the main emphasis, corporate law, competition & cartel law, intangible property rights, insolvency law and also labor law show similar overlaps. The intensive internationally-oriented treatment of the overlaps of classical private law - in particular contractual law - and commercial law promise a bountiful yield, especially on the European level under the summarizing aspect of corporate law. The outstanding monography also finds its place in the series, as well as the conference volume, works in German and also occasional works in English. There are economically-aligned works in addition to juridical works constituting the main emphasis. Works pertaining to Europeanization and internationalization are compiled in the series, which convey commercial law and commercially-conceived private law in an outstanding manner.
Der fA1/4nfte Band dokumentiert in zwei TeilbAnden die Strafverfahren wegen Rechtsbeugung durch die DDR-Justiz. Die Anklagen gegen ehemalige Richter und StaatsanwAlte der DDR betrafen zumeist ihre Mitwirkung an der politischen Strafjustiz. Hier liegt auch der Schwerpunkt der Dokumentation. Besondere Bedeutung kommt den Strafverfahren im Zusammenhang mit den Waldheimer Prozessen und der "Aktion Rose" sowie dem "Havemann-Verfahren" zu. Daneben werden Rechtsbeugungsverfahren wegen arbeits- oder zivilrechtlicher Entscheidungen der DDR-Justiz wiedergegeben. Die abgedruckten Justizdokumente verschaffen einen Einblick in die rechtlichen Probleme der Strafverfolgung von Justizunrecht und geben zeithistorisch darA1/4ber Aufschluss, welche Rolle der gesteuerten Justiz bei der UnterdrA1/4ckung unangepassten und oppositionellen Verhaltens in den verschiedenen Entwicklungsphasen der DDR zukam.
International courts and tribunals are increasingly asked to pass judgment on matters that are traditionally considered to fall within the domestic jurisdiction of States. Especially in the fields of human rights, investment, and trade law, international adjudicators commonly evaluate decisions of national authorities that have been made in the course of democratic procedures and public deliberation. A controversial question is whether international adjudicators should review such decisions de novo or show deference to domestic authorities. This book investigates how various international courts and tribunals have responded to this question. In addition to a comparative analysis, the book provides a normative argument, discussing whether different forms of deference are justified in international adjudication. It proposes a distinction between epistemic deference, which is based on the superior capacity of domestic authorities to make factual and technical assessments, and constitutional deference, which is based on the democratic legitimacy of domestic decision-making. The book concludes that epistemic deference is a prudent acknowledgement of the limited expertise of international adjudicators, whereas the case for constitutional deference depends on the relative power of the reviewing court vis-a-vis the domestic legal order.
This guide comes from South Africa's foremost experts on Emotional Intelligence, the result of numerous requests from parents, teachers and youth councillors. The title is has activities for use by teachers and parents to help children – from toddlers to teens – develop their EQ. The 68 age-appropriate activities make use of everyday resources and show just how easy it can be to teach EQ. The activities are designed to help children identify and verbalise their feelings, leading to effective communication and the experience of being in charge rather than at the mercy of their feelings. Children learn to take risks, to accept setbacks as part of life, to learn from their experiences and above all to love being themselves. Children who have been taught the skills of EQ become more motivated, resilient and compassionate. It also enhances self-control and the peaceful resolution of conflicts.
The fifth volume documents the criminal procedures concerning the perversion of justice through the GDR law in two volumes. The charges against former judges and public prosecutors of the GDR mostly pertained to their participation in the political criminal justice. The emphasis of the documentation also lies here. Criminal procedure inheres specific meaning in connection with the Waldheim trials and the a oeAktion Rosea [a oeOperation Rosea ] as well as the a oeHavemann triala . In addition perversion of justice processes concerning labor and civil law rulings of the GDR law are described. The printed law documents provide an insight into the legal problems of the criminal prosecution from legal injustice and gives historical insights on this, whose role inhered controlled justice with the oppression of non-conformist and oppositional behavior in the different development phases of the GDR.
This book takes a socio-legal approach and provides a rich and thorough understanding of tort law. Each section begins with a clear overview of the law, followed by illustrative extracts from case law and from government reports and scholarly literature, which are supported by explanation and analysis. This seventh edition has been brought completely up to date by Ken Oliphant and Donal Nolan. Digital formats The seventh edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. · The e-book offers a mobile experience and convenient access along with functionality tools and navigation features: www.oxfordtextbooks.co.uk/ebooks · All of OUP's tort law textbooks are supported by online resources including bi-annual updates on the latest key developments in tort law, and self-test questions on key topics, with feedback, providing an opportunity for students to test and consolidate their learning.
Why are women so dramatically underrepresented in formal leadership positions-and what can be done to improve the situation? This unique collection takes up these questions in the crucial practical concepts of law, politics, and business-the arenas in which women's leadership has the most public influence. Bridging the worlds of theory and practice, the essays in this collection bring new insights to long-standing questions about the difference gender difference makes, both in access to leadership and in its exercise. The contributors to this collection represent some of the nation's most distinguished women leaders and most respected scholars on women and leadership, and reflect a distinctive array of perspectives and backgrounds. Among others, they include former Congresswoman Patricia Schroeder; former NOW president Patricia Ireland; the Right Honorable Kim Campbell, former prime minister of Canada; and Judith Resnik, the Arthur Liman Professor of Law, Yale Law School. Written in accessible, lively prose, and informed by a wealth of scholarship and personal experience, this collection should appeal to a broad audience.
Why are women so dramatically underrepresented in formal leadership positions-and what can be done to improve the situation? This unique collection takes up these questions in the crucial practical concepts of law, politics, and business-the arenas in which women's leadership has the most public influence. Bridging the worlds of theory and practice, the essays in this collection bring new insights to long-standing questions about the difference gender difference makes, both in access to leadership and in its exercise. The contributors to this collection represent some of the nation's most distinguished women leaders and most respected scholars on women and leadership, and reflect a distinctive array of perspectives and backgrounds. Among others, they include former Congresswoman Patricia Schroeder; former NOW president Patricia Ireland; the Right Honorable Kim Campbell, former prime minister of Canada; and Judith Resnik, the Arthur Liman Professor of Law, Yale Law School. Written in accessible, lively prose, and informed by a wealth of scholarship and personal experience, this collection should appeal to a broad audience. |
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