This book develops an original theory of decision-making based on the concept of plausibility. The author advocates plausible reasoning as a general philosophical method and demonstrates how it can be applied to problems in argumentation theory, scientific theory choice, risk management, ethics, law, economics, and epistemology. Human decisions are conditioned by formidable uncertainty. The standard resource for dealing rationally with uncertainty is the mathematical concept of probability. The probability calculus is well-known, but since the numerical demands for applying it cannot usually be met, it is not widely applicable. By contrast, the concept of plausibility is widely applicable, but it is little known. This book relies on a generalized concept of plausibility whose strength is its adaptability. The adaptability is due to a novel form of decision theory that takes plausibilities as inputs. This form of decision theory remains applicable to decisions informed by sharp probabilities and utilities, but it can also be applied to decisions that must be made without them. It can aid in the rationally critical enterprise of discriminating good arguments from bad, and this can foster philosophical progress. A Plea for Plausibility will be of interest to scholars and advanced students working in argumentation theory, philosophy of science, ethics, epistemology, economics, law, and risk management.

This book compares the respective concepts of the law of nations put forward by the Spanish theologian Francisco Suarez and by the Dutch jurist Hugo Grotius. This comparison is based on the fact that both thinkers developed quite similar notions and were the first to depart from the Roman conception, which persisted throughout the entire Middle Ages and the early Renaissance. In Rome, jus gentium was a law that applied to foreigners within the Empire, and one which was often mistaken for Natural Law itself. These two features can be found even in the works of writers such as Francisco de Vitoria and Alberico Gentili. In Suarez and Grotius, the law of nations is applicable to an extra-national domain and inarguably becomes positive law. Yet, it also contains an ethical element that prevents it from transforming into a mere reflection of state interests. This work argues that this resemblance is hardly a coincidence: Grotius has read Suarez, and that influence has modified the foundations of his early thoughts on jus gentium. This should not be taken to imply that the Dutch jurist wasn't original: in both authors, the definition of the law of nations pursues his own internal logic. Nevertheless, Suarez's oeuvre allowed Grotius to solve a fundamental problem touched on in his early writings that had remained unanswered. Accordingly, his oeuvre promises to clarify one of the most significant moments in the History of International Law.

Routledge Q&As give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in assessment. Each book contains essay and problem-based questions on the most commonly examined topics, complete with expert guidance and model answers that help you to: Plan your revision and know what examiners are looking for: Introducing how best to approach revision in each subject Identifying and explaining the main elements of each question, and providing marker annotation to show how examiners will read your answer Understand and remember the law: Using memorable diagram overviews for each answer to demonstrate how the law fits together and how best to structure your answer Gain marks and understand areas of debate: Providing revision tips and advice to help you aim higher in essays and exams Highlighting areas that are contentious and on which you will need to form an opinion Avoid common errors: Identifying common pitfalls students encounter in class and in assessment The series is supported by an online resource that allows you to test your progress during the run-up to exams. Features include: multiple choice questions, bonus Q&As and podcasts.

This book, which originated from the broadly held view that there is a lack of Rule-of-law in Mexico, and from the emphasis of traditional academia on cultural elements as the main explanation, explores the question of whether there is any relationship between the system of constitutional review and thus the 'law' as such and the level of Rule-of-law in a given state. To do so, it elaborates a theoretical model for achieving Rule-of-law and compares it to the constitutional review systems of the United States, the Federal Republic of Germany, and Mexico. The study concludes that the two former states correspond to the model, while the latter does not. This is fundamentally due to the role each legal system assigns to ordinary jurisdiction in carrying out constitutional review. Whereas the US and Germany have fostered the policy that constitutional review regarding the enforcement of basic rights is the responsibility of ordinary courts, Mexico has relied too heavily on the specialized constitutional jurisdiction.

Law and economics has arguably become one of the most influential theories in contemporary legal theory and adjudication. The essays in this volume, authored by both legal scholars and economists, constitute lively and critical engagements between law and economics and new institutional economics from the perspectives of legal and evolutionary theory. The result is a fresh look at core concepts in law and economics - such as 'institutions', 'institutional change' and 'market failure' - that offer new perspectives on the relationship between economic and legal governance. The increasingly transnational dimension of regulatory governance presents lawyers, economists and social scientists with an unprecedented number of complex analytical and conceptual questions. The contributions to this volume engage with legal theory, new institutional economics, economic sociology and evolutionary economics in an interdisciplinary assessment of the capacities and limits of the state, markets and institutions. Drawing as well upon legal sociology and the philosophy of law, the authors expand and transform the known terrain of 'law and economics' by applying evolutionary theory to both law and economics from a domestic and transnational perspective. Legal scholars, evolutionary and regulatory theorists, economists, economic sociologists, economic historians and political scientists will find this cutting-edge volume both challenging and engaging. Contributors: M. Amstutz, A. Aviram, B.L. Benson, G.-P. Calliess, F. Carvalho, P.A. David, S. Deakin, B. Du Laing, M. Eckardt, T. Eggertsson, J. Freiling, W. Kerber, R.H. McAdams, J. Mokyr, E.A. Posner, M. Renner, E. Schanze, J.M. Smits, M. Zamboni, P. Zumbansen

This book offers an original account of a distinctly republican theory of social and global justice. The book starts by exploring the nature and value of Hegelian recognition theory. It shows the importance of that theory for grounding a normative account of free and autonomous agency. It is this normative account of free agency which provides the groundwork for a republican conception of social and global justice, based on the core-ideas of freedom as non-domination and autonomy as non-alienation. As the author argues, republicans should endorse a sufficientarian account of social justice, which focuses on the nature of social relationships and their effects on people's ability to act freely and realize their fundamental interests. On the global level, the book argues for the cosmopolitan extension of the republican principles of non-domination and non-alienation within a multi-level democratic system. In so doing, the book addresses a major gap in the existing literature, presenting an original theory of justice, which combines Hegelian recognition theory and republican ideas of freedom, and applying this hybrid theory to the global domain."

This book builds a case for how social norms are neither mere conventions nor are they merely anthropological phenomena, which are relativistic. In other words, it talks about how socio-political norms are built out of our natural social behaviour but at the same time also have objective normative validity. The volume puts forth an alternative model called the recognitional model which can help us address some of the socio-political concerns we face in today's world. It addresses the problem with a purely legalistic framework of addressing social injustice is that law, due its universalistic assumptions, regarding human nature, tends to glide over the particular differences that might exist between people. This book discusses how we know that in our daily lives, we value people not only because that person is a legal human being but because that person is our father, mother, our teacher etc. There is a whole network of acts of social respect that we engage in with the other in our social sphere which the legal framework can't quite capture. This volume sheds light on the political consequence of legal reasoning is that it is formalistic in the sense that legal relations can't successfully codify the immediate epistemic context from which social identities emerge. An introspective work, this book will be of great interest to scholars and researchers of linguistics, political philosophy, law and human rights, and social theory.

This book presents a comprehensive examination of the Declaration on Human Rights Defenders and provides an analysis of the level of its reflection in regional human rights systems. The work explores the development of the role of the individual in human rights protection since the 1998 United Nations Declaration on Human Rights Defenders. It locates the nature, activities and need for protection of human rights defenders within the current international legal framework and outlines the place and scope for a specific right to promote and protect human rights. It traces the origins of the right and the main international instruments that define it, both at national and international level. Finally, it considers the impact that the right to defend human rights can have on constitutional and international law. The book will be a valuable resource for academics and researchers working in the areas of International Human Rights Law and Constitutional Law.

This book - which is the result of several years of research, discussion, writing and re-writing - consists of three parts and eight chapters. The rst part is given by the two rst chapters introducing the issue of validity and facticity in law. The second part (Chapters 3, 4 and 5) is the core of this study and tries to present a theory based on a speci c view about language and social practice. The third part deal with the issue of value judgments and views about morality and consists of Chapters 6 and 7. Chapter 8 should nally serve as epilogue. In the rst chapter a discussion is started about the relationship between law and power, seen as a presupposition for an assessment of the nature of law. As a matter of fact, as has been remarked, "general theories of law struggle to do justice to the 1 multiple dualities of the law". Indeed, law has a "dual nature": it is a fact, but it also a norm, a sort of ideal entity. Law is sanction, but it is also discourse. It is effectivity, or facticity, but it is also a vehicle of principles among which the central one is justice. But this duality is not only a phenomenological, or a matter of justi cation and implementation as two separate moments.

An explanation of how building a strong membership programme can catapult a nonprofit organization toward the fulfillment of its mission. This book presents a comprehensive philosophy that sets membership apart from annual giving programmes and provides a step-by-step process for developing a programme within an organization. It features a solid grounding in marketing techniques that offer readers the tools needed to understand their current members and attract new ones, and it guides the organization through the process of linking programme goals with membership goals.

This book argues that human rights cannot go global without going local. This important lesson from the winding debates on universalism and particularism raises intricate questions: what are human rights after all, given the dissent surrounding their foundations, content, and scope? What are legitimate deviances from classical human rights (law) and where should we draw "red lines"? Making a case for balancing conceptual openness and distinctness, this book addresses the key human rights issues of our time and opens up novel spaces for deliberation. It engages philosophical reasoning with law, politics, and religion and demonstrates that a meaningful relativist account of human rights is not only possible, but a sorely needed antidote to dogmatism and polarization.

This collection considers the relationship between religion, state, and market. In so doing, it also illustrates that the market is a powerful site for the cultural work of secularizing religious conflict. Though expressed as a simile, with religious freedom functioning like market freedom, `free market religion' has achieved the status of general knowledge about the nature of religion as either good or bad. It legislates good religion as that which operates according to free market principles: it is private, with no formal relationship to government; and personal: a matter of belief and conscience. As naturalized elements of historically contingent and discursively maintained beliefs about religion, these criteria have ethical and regulatory force. Thus, in culture and law, the effect of the metaphor has become instrumental, not merely descriptive. This volume seeks to productively complicate and invite further analysis of this easy conflation of democracy, religion and the market. It invites scholars from a variety of disciplines to consider more intentionally the extent to which markets are implicated in and illuminate the place of religion in public life. The book will be a valuable resource for researchers and academics working in the areas of law and religion, ethics and economics.

This book explores the answers to fundamental questions about the human mind and human behaviour with the help of two ancient texts. The first is Oedipus Rex (Oedipus Tyrannus) by Sophocles, written in the 5th century BCE. The second is human DNA, with its origins around 4 billion years ago, and continuously revised by chance and evolution. With Sophocles as a guide, the authors take a journey into the Genomic era, an age marked by ever-expanding insights into the human genome. Over the course of this journey, the book explores themes of free will, fate, and chance; prediction, misinterpretation, and the burden that comes with knowledge of the future; self-fulfilling and self-defeating prophecies; the forces that contribute to similarities and differences among people; roots and lineage; and the judgement of oneself and others. Using Oedipus Rex as its lens, this novel work provides an engaging overview of behavioural genetics that demonstrates its relevance across the humanities and the social and life sciences. It will appeal in particular to students and scholars of genetics, education, psychology, sociology, and law.

The Insecurity State is a book about the recent emergence of a 'right to security' in the UK's criminal law. The Insecurity State sets out from a detailed analysis of the law of the Anti-Social Behavior Order and of the Coalition government's proposed replacement for it. It shows that the liabilities contained in both seek to protect a 'freedom from fear' and that this 'right to security' explains a lot of other recently enacted criminal offences. This book identifies the normative source of this right to security in the idea of vulnerable autonomy. It demonstrates that the vulnerability of autonomy is an axiomatic assumption of political theories that have enjoyed a preponderant influence right across the political mainstream. It considers the influence of these normative commitments on the policy of both the New Labour and the Coalition governments. The InsecurityState then explores how the wider contemporary criminal law also institutionalizes the right to security, and how this differs from the law's earlier protection of security interests. It examines the right to security, and its attendant penal liabilities, in the context of both human rights protection and normative criminal law theories. Finally the book exposes the paradoxical claims about the state's authority that are entailed by penal laws that assume the vulnerability of the normal, representative citizen.
The Insecurity State offers a criminal law theory that is unorthodox in both its method and its content:
- It is focused on a contemporary development in the 'special part' of the criminal law rather than the law's general principles.
- It is an explanatory political sociology of substantive criminal law rather than the more familiar normative theory; but it is an explanatory theory that seeks to understand the law's historical development through an investigation of the changing character of its normative order.
- It does not apply a pre-existing sociological or philosophical theory to the law; rather it develops a theoretical explanation from detailed legal analysis and reconstruction of New Labour's penal laws.
- It concludes that repressive criminal laws have arisen from a deficit of political authority rather than from excessive authoritarianism.

The increasing visibility of Islam in France and the vehemence of debates about it have often contributed to narrow public perceptions of secularism to a simplistic antireligious crusade, a misleading image disseminated by the media and politicians alike. Taking the opposite stand, this book embarks on a comprehensive effort to document the multiple areas in which French secularism plays out - in debates over "cults," places of worship, chaplaincy services in public institutions, the recognition of associations of worship, and more -, outlining and analizing the legal paths favored by the state in the regulation of religious diversity. While Islam has undoubtedly contributed to the reshaping of French secularism in the last decades, the book moves beyond what has come to be known as the "Muslim Question" to look at the multiplicity of challenges contemporary religious beliefs, practices, and organizations now pose to the state. David Koussens examines the main political and legal configurations of French secularism over the last thirty years through a sociological and juridical lens, in order to better document its diversity. Such a portrait emphasizes that French secularism is not a univocal phenomenon but one that appears in many guises.

The Routledge Handbook of the Philosophy and Psychology of Forgiveness brings into conversation research from multiple disciplines, offering readers a comprehensive guide to current forgiveness research. Its 42 chapters, newly commissioned from an internationally acclaimed group of scholars, are divided into five parts: Religious Traditions Historic Treatments The Nature of Forgiveness Normative Issues Empirical Findings While the principal aim of the handbook is to provide a guide to the philosophical literature on forgiveness that, ideally, will inform the psychological sciences in developing more philosophically accurate measures and psychological treatments of forgiveness, the volume will be of interest to students and researchers with a wide range of disciplinary backgrounds, including philosophy, psychology, theology, religious studies, classics, history, politics, law, and education.

Republicanism, liberalism, and the rule of law have a long and tangled common history in the development of Western institutions. All three claim to secure "liberty" for citizens or subjects of the state, without always agreeing about what this should mean in practice. Mortimer Sellers' The Sacred Fire of Liberty places the concept of "liberty" into the context of its political origins, and explains the structures and vocabulary of liberty that still dominate contemporary legal and political debate. Contrary to the common opposition of liberal and republican traditions as rival conceptions of political legitimacy, Sellers demonstrates the close links between the two, their common roots in developing Western conceptions of liberty, and their eventual divergence over structures of government following the French revolution.

This book presents a ground-breaking, interdisciplinary study into the various goals assigned to international criminal trials. It starts from the proposition that no hierarchy exists amongst the different goals meaning that trials should strive to achieve all of them in equal measure. This is made difficult by the fact that not all of these goals are compatible and the fulfilment of one may lead to others going unmet. Therefore, a balance must be found if the goals of trial are to be achieved at all. The book posits that fairness should serve as the guiding principle when weighing the different trial goals against one another. It is argued that without fairness international and internationalised criminal courts and tribunals lack legitimacy and without legitimacy they lack effectiveness. The book concludes that international criminal trials must adopt procedures that emphasise fairness to all of the parties and trial participants if they wish to accomplish any of the goals set for them. Each chapter is devoted to identifying and explaining a different trial goal, providing analysis of how that particular goal functions in conjunction with the other goals, and discussing the ways in which a fairness-oriented trial model will help achieve those goals. The book provides a dynamic understanding of the different trial goals and the importance of fairness in the trial process by drawing on research from a variety of different legal disciplines while also incorporating scholarship rooted in criminology, political theory, international relations, and psychology. The book will be essential reading for researchers, academics and professionals working in the areas of International Criminal Law, Public International Law and Transitional Justice.

Universities are pressed to compete within the global scene of international higher education. What is the status of the national or local language in higher education when the dominance of English in the academic world increases? Universities have become an interesting field for research on sociolinguistic and language policy aspects. How can the global edge and the local function of universities be effectively combined? This book combines case study contributions from countries within and outside Europe in order to underline the key language policy challenges universities around the world face in their attempt to remain nationally leading and interna-tionally competitive institutions. The grouping of different countries and contexts leads to the scrutiny of a variety of scopes that complement each other.

Reprint of the second revised and enlarged edition, being a completely revised version of the first edition which was published in 1934. Kelsen 1881-1973], was the author of more than forty works on law and legal philosophy, and is best known for this title and General Theory of Law and State. He was also the author of the Austrian Democratic Constitution, which was published in 1920, abolished during the Nazi regime, restored in 1945, and in force today. Walker calls Kelsen "possibly the most influential jurisprudent of the twentieth century." Walker, Oxford Companion to Law 699.

This text offers an examination of the jurisprudential aspects of Kant's international thought, with reference to the argument of his treatise, "Perpetual Peace" (1795). In the book, Kant's international thought is situated in the wider context of his moral and political philosophy. Particular attention is given to explaining how Kant saw law as providing the basis for peace among men and states in the international sphere, and how in his exposition of the elements of the law of peace, he broke with the secular natural law tradition of Grotius, Hobbes, Wolff and Vattel.

This book explores developments in international law regarding the relationship between human rights law and international humanitarian law and their coapplicability in armed conflict situations. The work examines the jurisprudence of the international human rights courts and looks at the Inter-American and European Courts of Human Rights case law in dealing with new emergencies in armed conflicts. It argues that a new interpretation and application of the law is required to deal with current needs while remaining faithful to moral commitments made in the international arena. In this way, the book deals with recent cases and their rationale to build a new understanding of law and international policy that complies with the globalization process and progress towards an enhancement of the international community's legal framework. Combining the emergencies in armed conflicts with the mutual enforcement of human rights law and humanitarian law, this book holistically develops concepts and theories to present a pragmatic solution to moral quandaries over the targeting of civilians during armed conflict situations. The book will be a valuable resource for academics, researchers and policy-makers in the areas of international human rights and international humanitarian law.

This Handbook brings together 40 of the world's leading scholars and rising stars who study international law from disciplines in the humanities - from history to literature, philosophy to the visual arts - to showcase the distinctive contributions that this field has made to the study of international law over the past two decades. Including authors from Australia, Canada, Europe, India, South Africa, the UK and the USA, all the contributors engage the question of what is distinctive, and critical, about the work that has been done and that continues to be done in the field of 'international law and the humanities'. For many of these authors, answering this question involves reflecting on the work they themselves have been contributing to this path-breaking field since its inception at the end of the twentieth century. For others, it involves offering models of the new work they are carrying out, or else reflecting on the future directions of a field that has now taken its place as one of the most important sites for the study of international legal practice and theory. Each of the book's six parts foregrounds a different element, or cluster of elements, of international law and the humanities, from an attention to the office, conduct and training of the jurist and jurisprudent (Part 1); to scholarly craft and technique (Part 2); to questions of authority and responsibility (Part 3); history and historiography (Part 4); plurality and community (Part 5); as well as the challenge of thinking, and rethinking, international legal concepts for our times (Part 6). Outlining new ways of imagining, and doing, international law at a moment in time when original, critical thought and practice is more necessary than ever, this Handbook will be essential for scholars, students and practitioners in international law, international relations, as well as in law and the humanities more generally.