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Books > Law > Jurisprudence & general issues > Legal profession > Legal ethics & professional conduct
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.?"
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.
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.
Authoritarian regimes in many countries, and the men that lead
them, depend on the international management of licit and illicit
funds under their control. Frank Vogl shows that curbing their
activities for their kleptocratic clients is critical to secure
democracy, enhance national security, and ensure international
financial stability.
Although international arbitration is a remarkably resilient
institution, many unresolved and largely unacknowledged ethical
quandaries lurk below the surface. With the expansion of world
trade, the pool of parties, counsel, experts and arbitrators has
become more numerous and more diverse, such that informal social
controls are no longer a sufficient substitute for formal ethical
regulation. At the same time, the international arbitration system
has veered sharply toward more formal and transparent procedures,
meaning that ethical transgressions are bound to become more
evident and less tolerable. Despite these clear signals, regulation
of various actors in the system-arbitrators, lawyers, experts and
arbitral institutions-has not evolved to keep apace of these needs.
Ethics in International Arbitration provides a framework for
developing much needed formal ethical rules and a reliable
enforcement regime in the international arbitration system.
Catherine Rogers accomplishes this goal in three parts. The first
Part analyzes the underlying problems caused by the current lack of
regulation and reveal how these problems affect modern
international arbitration practice. The Second Part proposes a
theoretical framework for resolving these conflicts so effective
ethical rules can be developed to guide and regulate various
participants' conduct, and the third part proposes integrated
mechanisms for enforcing ethical rules.
What is a human right? How can we tell whether a proposed human
right really is one? How do we establish the content of particular
human rights, and how do we resolve conflicts between them? These
are pressing questions for philosophers, political theorists,
jurisprudents, international lawyers, and activists. James Griffin
offers answers in his compelling new investigation of the
foundations of human rights.
First, On Human Rights traces the idea of a natural right from its
origin in the late Middle Ages, when the rights were seen as
deriving from natural laws, through the seventeenth and eighteenth
centuries, when the original theological background was
progressively dropped and 'natural law' emptied of most of its
original meaning. By the end of the Enlightenment, the term "human
rights" (droits de l'homme) appeared, marking the purge of the
theological background. But the Enlightenment, in putting nothing
in its place, left us with an unsatisfactory, incomplete idea of a
human right.
Griffin shows how the language of human rights has become debased.
There are scarcely any accepted criteria, either in the academic or
the public sphere, for correct use of the term. He takes on the
task of showing the way towards a determinate concept of human
rights, based on their relation to the human status that we all
share. He works from certain paradigm cases, such as freedom of
expression and freedom of worship, to more disputed cases such as
welfare rights--for instance the idea of a human right to health.
His goal is a substantive account of human rights--an account with
enough content to tell us whether proposed rights really are
rights. Griffin emphasizes the practical as well as theoretical
urgency of this goal: as the United Nations recognized in 1948 with
its Universal Declaration, the idea of human rights has
considerable power to improve the lot of humanity around the world.
We can't do without the idea of human rights, and we need to get
clear about it. It is our job now--the job of this book--to
influence and develop the unsettled discourse of human rights so as
to complete the incomplete idea.
This textbook looks at the main ethical questions that confront the
criminal justice system - legislature, law enforcement, courts, and
corrections - and those who work within that system, especially
police officers, prosecutors, defence lawyers, judges, juries, and
prison officers. John Kleinig sets the issues in the context of a
liberal democratic society and its ethical and legislative
underpinnings, and illustrates them with a wide and international
range of real-life case studies. Topics covered include discretion,
capital punishment, terrorism, restorative justice, and re-entry.
Kleinig's discussion is both philosophically acute and grounded in
institutional realities, and will enable students to engage
productively with the ethical questions which they encounter both
now and in the future - whether as criminal justice professionals
or as reflective citizens.
Cheating is deeply embedded in everyday life. The costs of the most
common forms of cheating total close to a trillion dollars
annually. Part of the problem is that many individuals fail to see
such behavior as a serious problem. "Everyone does it" is a common
rationalization, and one that comes uncomfortably close to the
truth. That perception is also self-perpetuating. The more that
individuals believe that cheating is widespread, the easier it
becomes to justify. Yet what is most notable about analysis of the
problem is how little there is of it. Whether or not Americans are
cheating more, they appear to be worrying about it less. In
Cheating, eminent legal scholar Deborah Rhode offers the only
recent comprehensive account of cheating in everyday life and the
strategies necessary to address it. Because cheating is highly
situational, Rhode drills down on its most common forms in sports,
organizations, taxes, academia, copyright infringement, marriage,
and insurance and mortgages. Cheating also reviews strategies
necessary to address the pervasiveness and persistence of cheating
in these contexts. We clearly need more cultural reinforcement of
ethical conduct. Efforts need to begin early, with values education
by parents, teachers, and other role models who can display and
reinforce moral behaviors. Organizations need to create ethical
cultures, in which informal norms, formal policies, and reward
structures all promote integrity. People also need more moral
triggers that remind them of their own values. Equally important
are more effective enforcement structures, including additional
resources and stiffer sanctions. Finally, all of us need to take
more responsibility for combatting cheating. We need not only to
subject our own conduct to more demanding standards, but also to
assume a greater obligation to prevent and report misconduct.
Sustaining a culture that actively discourages cheating is a
collective responsibility, and one in which we all have a
substantial stake.
This book offers an introduction to values and ethics in
counselling and psychotherapy, helping you to develop the ethical
awareness needed throughout the counselling process. The book
covers: - Context and emergence of ethics in counselling -
Exercises to explore personal and professional values - Tools to
develop ethical mindfulness - Differences between therapeutic
models - Relational ethics - Ethical dilemmas and issues - Practice
issues including confidentiality, boundaries and autonomy versus
beneficence. Using in-depth case studies of counselling students,
the author demonstrates the constant relevance of values and ethics
to counselling and psychotherapy, equipping trainees with the tools
to successfully navigate values and ethics in their professional
practice.
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Coercion
(Hardcover)
Alan Wertheimer
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R2,803
R2,080
Discovery Miles 20 800
Save R723 (26%)
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Out of stock
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Wertheimer attempts to move beyond previous theories of coercion by
conducting a fairly extensive survey of the way in which cases
involving coercion have been treated by American courts. This
impressive project occupies the first half of the book, where he
makes a convincing case that there is a fairly unified 'theory of
coercion' at work in adjudication, past and present. This legal
theory, however, is not entirely adequate for the purposes of
social and political philosophy, and the last half of the book
develops Wertheimer's more comprehensive philosophical theory.
Originally published in 1988. The Princeton Legacy Library uses the
latest print-on-demand technology to again make available
previously out-of-print books from the distinguished backlist of
Princeton University Press. These editions preserve the original
texts of these important books while presenting them in durable
paperback and hardcover editions. The goal of the Princeton Legacy
Library is to vastly increase access to the rich scholarly heritage
found in the thousands of books published by Princeton University
Press since its founding in 1905.
Professor Matthew Kramer is one of the most important legal
philosophers of our time - even if the label 'legal philosopher'
does not do justice to the breadth of his work. This collection of
essays brings together esteemed philosophers, as well as junior
scholars, to critically assess Kramer's philosophy. The
contributions focus on Kramer's work on legal philosophy,
metaethics, normative ethics, and political philosophy. The volume
is divided into six parts, each focusing on different aspect of
Kramer's work. The first part, Rights and Right-holding, contains
five essays addressing Kramer's work on rights and right-holding,
including the Hohfeldian analysis and the interest theory of
right-holding. The four essays in the second part, General
Jurisprudence, focus on Kramer's work in general jurisprudence,
from the compatibility of legal positivism with universal legal
error, to his robust defense of inclusive legal positivism,
concluding with reflections on his writings on the rule of law. The
third part, General Matters of Ethics, contains two essays
addressing Kramer's metaethical work on moral realism as a moral
doctrine. The fourth and fifth parts, Freedom and Liberalism, have
four essays falling within political philosophy, probing Kramer's
work on negative freedom and political liberalism, respectively.
The sixth part, Applied Ethics, contains two essays on Kramer's
work on capital punishment and freedom of expression. The
collection is rounded off by reflections on, and replies to, the
contributions by Kramer himself.
"A Modern Legal Ethics" proposes a wholesale renovation of legal
ethics, one that contributes to ethical thought generally.
Daniel Markovits reinterprets the positive law governing lawyers
to identify fidelity as its organizing ideal. Unlike ordinary
loyalty, fidelity requires lawyers to repress their personal
judgments concerning the truth and justice of their clients'
claims. Next, the book asks what it is like--not psychologically
but ethically--to practice law subject to the self-effacement that
fidelity demands. Fidelity requires lawyers to lie and to cheat on
behalf of their clients. However, an ethically profound interest in
integrity gives lawyers reason to resist this characterization of
their conduct. Any legal ethics adequate to the complexity of
lawyers' lived experience must address the moral dilemmas immanent
in this tension. The dominant approaches to legal ethics cannot.
Finally, "A Modern Legal Ethics" reintegrates legal ethics into
political philosophy in a fashion commensurate to lawyers' central
place in political practice. Lawyerly fidelity supports the
authority of adjudication and thus the broader project of political
legitimacy.
Throughout, the book rejects the casuistry that dominates
contemporary applied ethics in favor of an interpretive method that
may be mimicked in other areas. Moreover, because lawyers practice
at the hinge of modern morals and politics, the book's interpretive
insights identify--in an unusually pure and intense form--the moral
and political conditions of all modernity.
The Neuroethics of Memory is a thematically integrated analysis and
discussion of neuroethical questions about memory capacity and
content, as well as interventions to alter it. These include: how
does memory function enable agency, and how does memory dysfunction
disable it? To what extent is identity based on our capacity to
accurately recall the past? Could a person who becomes aware during
surgery be harmed if they have no memory of the experience? How do
we weigh the benefits and risks of brain implants designed to
enhance, weaken or erase memory? Can a person be responsible for an
action if they do not recall it? Would a victim of an assault have
an obligation to retain a memory of this act, or the right to erase
it? This book uses a framework informed by neuroscience,
psychology, and philosophy combined with actual and hypothetical
cases to examine these and related questions.
Problems regarding the nature of consent are at the heart of many
of today's most pressing issues. For example, the #MeToo movement
has underscored the need to move beyond viewing consent as a simple
matter of yes or no. Consent is complex because humans and their
relationships are complicated. Humans, as a result of cognitive
limitations and emotional and physical vulnerabilities, are
susceptible to manipulation and mistakes. Given the potential for
regret, are there some things to which one should not be permitted
to consent? The consentability quandary becomes more urgent with
technological advances. Should we allow body hacking? Cryonics?
Consumer travel to Mars? Assisted suicide? In Consentability:
Consent and Its Limits, Nancy S. Kim proposes a bold, original
framework for evaluating consentability, which considers the
complexities surrounding consent.
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