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This book features 15 country reports on the patent enforcement
practice of the world's most litigated countries in Europe, Asia
and the Americas. Litigation strategies for both right owners and
alleged infringers are explained against the background of case law
on: types of action, standing to sue, jurisdiction, obtaining
evidence, provisional and final measures, trial practice, types of
infringement, remedies and counterclaims, costs and issues of
retrial, threats and wrongful enforcement. Special chapters cover
the Trade-Related Aspects of Intellectual Property Agreement
provisions on enforcement, enforcement issues in the European
Community, international cross-border litigation and border
measures. The reports are written by patent practitioners or
academic experts in the field, and the homogenous structure of the
country reports allows for an easy identification of best practices
and strategic considerations on the choice of jurisdiction.
The Age of Liutprand provides a thematic analysis of Lombard Italy
in the pivotal early part of the 8th century. It surveys the
crucial role and rule of Liutprand [712-44], the powerful and
effective Lombard king. By restoring this successful exemplar of
Lombard kingship to the centre of events and developments in the
Italian peninsula, this book pulls together all the pertinent
evidence for a ‘new’ kingship in Lombard Italy that used a
sophisticated set of strategies to enhance, deepen and expand its
effectiveness. In presenting an evaluation of Italy on the cusp of
dramatic change, this book explains how not only the kingship of
Liutprand, but also his legal reforms and his relationships with
the Church and neighbouring peoples all contributed to a model of
kingship successfully and subsequently deployed by Charlemagne and
his successors later in the 8th century.
This collection of essays from both established and emerging
scholars analyses the dynamic connections between conflict and
violence in medieval Italy. The contributors present a new critique
of power that sustained both kingship and locally based elite
networks throughout the Italian peninsula. A broad temporal range,
covering the sixth to the twelfth centuries, allows this book to
cross a number of 'traditional' fault-lines in Italian
historiography - 774, 888, 962 and 1025. The essays provide
wide-ranging analyses of the role of conflict in the period, the
operation of power and the development of communal consciousness
and collective action by individuals and groups. It is thus
essential reading for scholars, students and general readers who
wish to understand the situation in medieval Italy.
Written as the Lombard kingdom was on the cusp of downfall at the
hands of the Carolingian empire, the works of Paul the Deacon (c.
720-799) are vital to understanding the history of Italy and
Western Europe in the Middle Ages. But until now, scholars have
tended to neglect the narrative structure of his texts, which
reflect in important ways his personal responses to the events of
his time. This study presents fresh interpretations of Paul's
Historia Romana, Vita Sancti Gregorii Magni, Gesta Episcopum
Mettensium, and Historia Langobardorum by focusing on him as an
individual and on his strategies of argumentation, ultimately
advancing a new conception of Paul as a dynamic author whose
development of multiple lines of thought deserves closer
examination.
Isidore of Seville (560-636) was a crucial figure in the
preservation and sharing of classical and early Christian
knowledge. His compilations of the works of earlier authorities
formed an essential part of monastic education for centuries. Due
to the vast amount of information he gathered and its wide
dissemination in the Middle Ages, Pope John Paul II even named
Isidore the patron saint of the Internet in 1997. This volume
represents a cross section of the various approaches scholars have
taken toward Isidore's writings. The essays explore his sources,
how he selected and arranged them for posterity, and how his legacy
was reflected in later generations' work across the early medieval
West. Rich in archival detail, this collection provides a wealth of
interdisciplinary expertise on one of history's greatest
intellectuals.
The twin questions at the heart of political philosophy are "Why
may the state forcibly impose itself on its constituents? " and
"Why must citizens obey the state's commands? " In Liberal Rights
and Responsibilities, Christopher Heath Wellman offers original
responses to these fundamental questions and then, building upon
these answers, defends a number of distinctive positions concerning
the rights and responsibilities individual citizens, separatist
groups, and political states have regarding one another. The first
four chapters combine to critically discuss standard theories of
political obligation and then to introduce Wellman's samaritan
explanation of our duty to obey the law. The next three papers
challenge the traditional approaches to group autonomy en route to
advancing Wellman's functional account of political
self-determination. Next Wellman reviews group responsibility and
argues that, in addition to discharging our individual moral
duties, each of us must do our share to ensure that the groups to
which we belong do not perpetrate injustice. In the ninth chapter,
Wellman invokes freedom of association to provide a defense of a
legitimate state's right to unilaterally design and enforce an
exclusionary immigration policy. The last two essays are on
punishment; the first defends the rights forfeiture justification
of punishment, and the second combines this rights forfeiture
theory with the samaritan account of political legitimacy to
explain why legitimate states may permissibly assume exclusive
control over the enforcement of criminal law. Taken as a group,
these eleven essays - one new and ten previously published - aim to
vindicate a liberal political philosopher's capacity to begin with
relatively modest moral principles and still arrive at robust
conclusions in favor of the moral standing of legitimate states.
A Liberal Theory of International Justice advances a novel theory
of international justice that combines the orthodox liberal notion
that the lives of individuals are what ultimately matter morally
with the putatively antiliberal idea of an irreducibly collective
right of self-governance. The individual and her rights are placed
at center stage insofar as political states are judged legitimate
if they adequately protect the human rights of their constituents
and respect the rights of all others. Yet, the book argues that
legitimate states have a moral right to self-determination and that
this right is inherently collective, irreducible to the individual
rights of the persons who constitute them. Exploring the
implications of these ideas, A Liberal Theory of International
Justice addresses issues pertaining to democracy, secession,
international criminal law, armed intervention, political
assassination, global distributive justice, and immigration. A
number of the positions taken in the book run against the grain of
current academic opinion: there is no human right to democracy;
separatist groups can be morally entitled to secede from legitimate
states; the fact that it is a matter of brute luck whether one is
born in a wealthy state or a poorer one does not mean that economic
inequalities across states must be minimized or even kept within
certain limits; most existing states have no right against armed
intervention; and it is morally permissible for a legitimate state
to exclude all would-be immigrants.
A Liberal Theory of International Justice advances a novel theory
of international justice that combines the orthodox liberal notion
that the lives of individuals are what ultimately matter morally
with the putatively antiliberal idea of an irreducibly collective
right of self-governance. The individual and her rights are placed
at center stage insofar as political states are judged legitimate
if they adequately protect the human rights of their constituents
and respect the rights of all others. Yet, the book argues that
legitimate states have a moral right to self-determination and that
this right is inherently collective, irreducible to the individual
rights of the persons who constitute them. Exploring the
implications of these ideas, A Liberal Theory of International
Justice addresses issues pertaining to democracy, secession,
international criminal law, armed intervention, political
assassination, global distributive justice, and immigration. A
number of the positions taken in the book run against the grain of
current academic opinion: there is no human right to democracy;
separatist groups can be morally entitled to secede from legitimate
states; the fact that it is a matter of brute luck whether one is
born in a wealthy state or a poorer one does not mean that economic
inequalities across states must be minimized or even kept within
certain limits; most existing states have no right against armed
intervention; and it is morally permissible for a legitimate state
to exclude all would-be immigrants.
Do states have the right to prevent potential immigrants from
crossing their borders, or should people have the freedom to
migrate and settle wherever they wish? Christopher Heath Wellman
and Phillip Cole develop and defend opposing answers to this timely
and important question. Appealing to the right to freedom of
association, Wellman contends that legitimate states have broad
discretion to exclude potential immigrants, even those who
desperately seek to enter. Against this, Cole argues that the
commitment to the moral equality of all human beings - which
legitimate states can be expected to hold - means national borders
must be open: equal respect requires equal access, both to
territory and membership; and that the idea of open borders is less
radical than it seems when we consider how many territorial and
community boundaries have this open nature. In addition to engaging
with each other's arguments, Wellman and Cole address a range of
central questions and prominent positions on this topic. The
authors therefore provide a critical overview of the major
contributions to the ethics of migration, as well as developing
original, provocative positions of their own.
First published in 2005, A Theory of Secession: The Case for
Political Self-Determination offers an unapologetic defense of the
right to secede. Christopher Heath Wellman argues that any group
has a moral right to secede as long as its political divorce will
leave it and the remainder state in a position to perform the
requisite political functions. He explains that there is nothing
contradictory about valuing legitimate states, while permitting
their division. Once political states are recognized as valuable
because of the functions that they are uniquely suited to perform,
it becomes apparent that the territorial boundaries of existing
states might permissably be redrawn as long as neither the process,
nor the result of this reconfiguration, interrupts the production
of the crucial political benefits. Thus, if one values
self-determination, then one has good reason to conclude that
people have a right to determine their political boundaries.
First published in 2005, A Theory of Secession: The Case for
Political Self-Determination offers an unapologetic defense of the
right to secede. Christopher Heath Wellman argues that any group
has a moral right to secede as long as its political divorce will
leave it and the remainder state in a position to perform the
requisite political functions. He explains that there is nothing
contradictory about valuing legitimate states, while permitting
their division. Once political states are recognized as valuable
because of the functions that they are uniquely suited to perform,
it becomes apparent that the territorial boundaries of existing
states might permissably be redrawn as long as neither the process,
nor the result of this reconfiguration, interrupts the production
of the crucial political benefits. Thus, if one values
self-determination, then one has good reason to conclude that
people have a right to determine their political boundaries.
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