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Books > Law > Jurisprudence & general issues > Legal profession > Legal ethics & professional conduct
Over the last decade, the U.S., UK Israel and other states have begun to use Unmanned Aerial Vehicles (UAVs) for military operations and for targeted killings in places like Pakistan, Yemen and Somalia. Worldwide, over 80 governments are developing their own drone programs, and even non-state actors such as the Islamic State have begun to experiment with drones. The speed of technological change and adaptation with drones is so rapid that it is outpacing the legal and ethical frameworks which govern the use of force. This volume brings together experts in law, ethics and political science to address how drone technology is slowly changing the rules and norms surrounding the use of force and enabling new, sometimes unprecedented, actions by states. It addresses some of the most crucial questions in the debate over drones today. Are drones a revolutionary form of technology that will transform warfare or is their effect merely hype? Can drone use on the battlefield be made wholly consistent with international law? How does drone technology begin to shift the norms governing the use of force? What new legal and ethical problems are presented by targeted killings outside of declared war zones? Should drones be considered a humane form of warfare? Finally, is it possible that drones could be a force for good in humanitarian disasters and peacekeeping missions in the near future? This book was previously published as a special issue of The International Journal of Human Rights.
The collection of rulings publishes the administration of justice by governmental courts in the Federal Republic of Germany pertaining to the relationship of church and state, and also regarding further problems which are characterized by the relevance of religious concerns.
Legal theorists are familiar with John Finnis's book Natural Law and Natural Rights, but usually overlook his interventions in US constitutional debates and his membership of a group of conservative Catholic thinkers, the 'new natural lawyers', led by theologian Germain Grisez. In fact, Finnis has repeatedly advocated conservative positions concerning lesbian and gay rights, contraception and abortion, and his substantive moral theory (as he himself acknowledges) derives from Grisez. Bamforth and Richards provide a detailed explanation of the work of the new natural lawyers within and outside the Catholic Church - the first truly comprehensive explanation available to legal theorists - and criticize Grisez's and Finnis's arguments concerning sexuality and gender. New natural law is, they argue, a theology rather than a secular theory, and one which is unappealing in a modern constitutional democracy. This book will be of interest to legal and political theorists, ethicists, theologians and scholars of religious history.
Die vom Institut fA1/4r Kirchenrecht und rheinische Kirchenrechtsgeschichte an der Rechtswissenschaftlichen FakultAt der UniversitAt zu KAln betreute Sammlung a žEntscheidungen in Kirchensachen seit 1946a oe bietet die Judikatur staatlicher Gerichte zum allgemeinen Religionsrecht und zum VerhAltnis von Kirche und Staat. Die Sammlung ist die einzige ihrer Art im deutschsprachigen Raum. Bislang sind40 BAnde mitA1/4ber 2800 Entscheidungen aus allen Gerichtszweigen erschienen. Sie bilden zugleich ein Dokument der Zeitgeschichte. Ab Band 39 wird die fA1/4r die VerhAltnisse in Deutschland relevante Rechtsprechung europAischer GerichtshAfe in die Sammlung einbezogen. Der vorliegende Band 41 umfasst die Entscheidungen in Kirchensachen fA1/4r den Zeitraum 1.7.2002 bis 31.12.2002.
Die vom Institut fA1/4r Kirchenrecht und rheinische Kirchenrechtsgeschichte an der Rechtswissenschaftlichen FakultAt der UniversitAt zu KAln betreute Sammlung a žEntscheidungen in Kirchensachen seit 1946a oe bietet die Judikatur staatlicher Gerichte zum allgemeinen Religionsrecht und zum VerhAltnis von Kirche und Staat. Die Sammlung ist die einzige ihrer Art im deutschsprachigen Raum. Sie bilden zugleich ein Dokument der Zeitgeschichte. Ab Band 39 wird die fA1/4r die VerhAltnisse in Deutschland relevante Rechtsprechung europAischer GerichtshAfe in die Sammlung einbezogen.
Increasing concerns about the accountability of criminal justice professionals at all levels has placed a heightened focus on the behavior of those who work in the system. Judges, attorneys, police, and prison employees are all under increased scrutiny from the public and the media. Ethics for Criminal Justice Professionals examines the myriad of ethical issues that confront law enforcement, judicial system, and correctional personnel. Easy to read, practical, and filled with real-life scenarios, this comprehensive volume sheds light on an often complicated and controversial topic. The book begins by defining the subject matter, explaining what ethics is, and what it is not. It explores the concept of false moral identity, examines difficult decisions that arise from attorney-client privilege, and discusses problematic issues such as officer gratuities. Next, the book provides a historical review of the concept of ethical reasoning, examining different religious and cultural influences and exploring ethics from various schools of philosophy. Ethics and police officers The authors discuss management and corruption, the causes and effects of abuse of authority, police perjury, and the practice of lying to obtain a confession. They explore the role of prejudice and discrimination in unethical behavior and review legislation designed to curb such practices. Ethics in the courtroom Shifting to issues that arise in the courtroom, the book addresses prosecutorial and judicial misconduct, discovery violations, the presentation of inadmissible evidence, discretion to prosecute, and defense counsel ethics. Ethics in the prison system Finally, the book explores issues that arise with respect to correction. The authors examine the four purposes of punishment: retribution, deterrence, incapacitation, and rehabilitation, as well as the death penalty and methods of execution. Each chapter ends with a set of review questions to test comprehension and a series of exercises further clarifies the material. Interspersed with the content are real-life vignettes that help to ground the theoretical concepts in practice and actual court cases that illustrate the principles. Ample references are provided to inspire further study of issues for which often there are no easy answers.
The phrase a oeBrilliance of Justicea originated from Nietzsche, who admittedly valued this form of brilliance at least as much as all others. Unexpectedly, Nietzsche was neglected by the field of legal philosophy even though he regarded legal philosophy as especially challenging. The author examines Nietzschea (TM)s numerous observations on justice, beginning with his earliest work on aphorisms and the Zoroaster and includes his posthumous writings and then relates these to his statements on law.
die vom Institut fur Kirchenrecht und rheinische Kirchenrechtsgeschichte an der Rechtswissenschaftlichen Fakultat der Universitat zu Koln betreute Sammlung "Entscheidungen in Kirchensachen seit 1946" bietet die Judikatur staatlicher Gerichte zum allgemeinen Religionsrecht und zum Verhaltnis von Kirche und Staat. Die Sammlung ist die einzige ihrer Art im deutschsprachigen Raum. Sie bildet zugleich ein Dokument der Zeitgeschichte. Ab Band 39 wird die fur die Verhaltnisse in Deutschland relevante Rechtsprechung europaischer Gerichtshofe in die Sammlung einbezogen.?"
Benedictin was prescribed to more than thirty-five million American women from its introduction in 1956 until 1983, when it was withdrawn from the market. The drug's manufacturer, Merrill Dow Pharmaceuticals, a major U.S. pharmaceutical firm, joined a list of other companies whose product liabilities would result in precedent-setting litigation. Before it was over, the Benedictin litigation would involve 2,000 claimants over a fifteen-year period. Michael D. Green offers a comprehensive overview of the Benedictin case and highlights many of the key issues in mass toxic substances litigation, comparing individual and collective forms of litigation, and illustrating the misunderstandings between scientists and lawyers about the role of science in providing evidence for the legal system.
[a oeRulings in Ecclesiastical Matters Since 1946a ]The collection of rulings publishes the administration of justice by governmental courts in the Federal Republic of Germany pertaining to the relationship of church and state, and also regarding further problems which are characterized by the relevance of religious concerns.
Graeme Laurie stepped down from the Chair in Medical Jurisprudence at the University of Edinburgh in 2019. This edited collection pays tribute to his extraordinary contributions to the field. Graeme often spoke about the importance of 'legacy' in academic work and forged a remarkable intellectual legacy of his own, notably through his work on genetic privacy, human tissue and information governance, and the regulatory salience of the concept of liminality. The essays in this volume animate the concept of legacy to analyse the study and practice of medical jurisprudence. In this light, legacy reveals characteristics of both benefit and burden, as both an encumbrance to and facilitator of the development of law, policy and regulation. The contributions reconcile the ideas of legacy and responsiveness and show that both dimensions are critical to achieve and sustain the health of medical jurisprudence itself as a dynamic, interdisciplinary and policy-engaged field of thinking.
This collection contains the very best writing on lawyers' ethics. Timeless and provocative, the essays explore the moral foundations of the lawyer's role as well as the personal and professional dilemmas lawyers face in the practice of law. What does it mean to be a good lawyer? How does a lawyer navigate the inevitable tension between moral principles and professional responsibilities? The collection brings together previously published articles alongside a specially commissioned introduction by the volume editors which provides an overview of the articles and themes in the collection. This volume is of interest to teachers and scholars of legal ethics, and undergraduate and graduate students of law.
The articles selected for this volume represent the best of the research conducted at the intersection of law, professional ethics and expert evidence. The collection incorporates legal perspectives from a wide range of jurisdictions, peer-reviewed literature drawn from expert disciplines, and critical law and society scholarship. It offers a corrective to the tendency to quarantine discussions of the ethics of expert testimony by jurisdiction, legal field, or area of expertise. The authors challenge preconceived notions of ethical performance, offer ideas for improvement, document failures to learn from and successes to emulate. The introduction identifies common themes and illuminating differences within the multidisciplinary scholarship on the ethics of expert testimony. It also delineates the multidimensional conceptions of ethics that drive this scholarship. Placing these essays side by side illustrates that the essential elements of ethical performance are now well understood. As ever, lively debates persist and are reflected within the essays selected. Nonetheless, this collection demonstrates that the major question that remains is whether legal systems and expert communities - institutions that sometimes resist change - can find the will to implement what has been learned from decades of careful, multi-disciplinary research.
Ethical issues do not occur in isolation. Instead, real-life situations arise in the workplace alongside other pressing issues such as job security, career advancement, peer pressure, manager evaluations, and company profits. For this reason, students and employees in law need concise and common sense guidance that provides a framework for how to voice one's values in the midst of competing interests. This book does just that. By providing twelve accessible scenarios drawn from real-life examples, this book walks readers through some of the most common ethical issues they will face in the workplace and how to address them in a manner that is realistic and effective. There are two clear reasons to read Giving Voice to Values in the Legal Profession. First, it is practical. The book presents information that is readily useful to students as they move forwards in their personal lives and careers. Second, the book is concise and easy to add to an existing course. It can provide a context for discussing a myriad of issues around ethics in the legal profession.
Emmanuel Levinas's philosophy of ethics has frequently attracted attention amongst legal scholars, but he remains a divisive and often enigmatic contributor to this field. He has been read within contexts as varied as human rights, private law, refugee law, and on the nature of judicial reasoning. This book explores what might unite such apparently diverse applications of his ideas, and in doing so considers the challenge of law's ethical relationship with the other. In addition to asking how Levinas's ethics can inform legal problems, the book also examines the ways in which the modern legal edifice has a deceptive tendency to close itself off from the ethical experience. In particular, literatures on biopolitics suggest that law is increasingly complicit in reductive determinations of how we understand ourselves and others. Levinas's most penetrating insight might not, therefore, lie in the law's instrumentalisation of his ethics, but instead in the way his ethics trace a human encounter that escapes law.
Mediation Ethics is a groundbreaking text that offers conflict resolution professionals a much-needed resource for traversing the often disorienting landscape of ethical decision making. Edited by mediation expert Ellen Waldman, the book is filled with illustrative case studies and authoritative commentaries by mediation specialists that offer insight for handling ethical challenges with clarity and deliberateness. Waldman begins with an introductory discussion on mediation's underlying values, its regulatory codes, and emerging models of practice. Subsequent chapters treat ethical dilemmas known to vex even the most experienced practitioner: power imbalance, conflicts of interest, confidentiality, attorney misconduct, cross-cultural conflict, and more. In each chapter, Waldman analyzes the competing values at stake and introduces a challenging case, which is followed by commentaries by leading mediation scholars who discuss how they would handle the case and why. Waldman concludes each chapter with a synthesis that interprets the commentators' points of agreement and explains how different operating premises lead to different visions of what an ethical mediator should do in a given case setting. Evaluative, facilitative, narrative, and transformative mediators are all represented. Together, the commentaries showcase the vast diversity that characterizes the field today and reveal the link between mediator philosophy, method, and process of ethical deliberation. Commentaries by Harold Abramson Phyllis Bernard John Bickerman Melissa Brodrick Dorothy J. Della Noce Dan Dozier Bill Eddy Susan Nauss Exon Gregory Firestone Dwight Golann Art Hinshaw Jeremy Lack Carol B. Liebman Lela P. Love Julie Macfarlane Carrie Menkel-Meadow Bruce E. Meyerson Michael Moffitt Forrest S. Mosten Jacqueline Nolan-Haley Bruce Pardy Charles Pou Mary Radford R. Wayne Thorpe John Winslade Roger Wolf Susan M. Yates
Endorsed by the Chartered Banker Institute as core reading for its professional qualifications, Culture, Conduct and Ethics in Banking emphasizes the importance of professionalism for banks, and explores how all staff play a key role in putting customers at the heart of their business. Taking an applied approach, it aims to develop the reader's capability to: recognize and contribute towards balanced outcomes for consumers and organizations; understand the impact of reputational deficit; and understand the personal impact of an individual in the workplace. From a discussion of the main branches of ethical thinking to an overview of regulation and legislation in the UK and internationally, this book covers the theory and practice of conduct and professionalism in banking. Chapters contain activities and industry case studies, and further reading and viewing suggestions are included to help develop a deeper understanding of the topics covered. With fully referenced discussion of conflicts of interest, decision making models, the role of professional bodies, corporate governance, conduct risk management and the Global Financial Crisis 2007-08, Culture, Conduct and Ethics in Banking is the essential guide for finance professionals.
[a oeRulings in Ecclesiastical Matters Since 1946a ]The collection of rulings publishes the administration of justice by governmental courts in the Federal Republic of Germany pertaining to the relationship of church and state, and also regarding further problems which are characterized by the relevance of religious concerns. |
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