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Conflicting Obligations
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Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Book Synopsis Conflicts of Law and Morality by : Kent Greenawalt
Download or read book Conflicts of Law and Morality written by Kent Greenawalt and published by Oxford University Press, USA. This book was released on 1989 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Powerful emotion and pursuit of self-interest have many times led people to break the law with the belief that they are doing so with sound moral reasons. This study is a comprehensive philosophical and legal analysis of the gray area in which the foundations of law and morality clash. In examining the extent of the obligations owed by citizens to their government, Greenawalt concentrates on the possible existence of a single source of obligation that reaches all citizens and all laws.
Book Synopsis Conflict of Interest in Medical Research, Education, and Practice by : Institute of Medicine
Download or read book Conflict of Interest in Medical Research, Education, and Practice written by Institute of Medicine and published by National Academies Press. This book was released on 2009-09-16 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Collaborations of physicians and researchers with industry can provide valuable benefits to society, particularly in the translation of basic scientific discoveries to new therapies and products. Recent reports and news stories have, however, documented disturbing examples of relationships and practices that put at risk the integrity of medical research, the objectivity of professional education, the quality of patient care, the soundness of clinical practice guidelines, and the public's trust in medicine. Conflict of Interest in Medical Research, Education, and Practice provides a comprehensive look at conflict of interest in medicine. It offers principles to inform the design of policies to identify, limit, and manage conflicts of interest without damaging constructive collaboration with industry. It calls for both short-term actions and long-term commitments by institutions and individuals, including leaders of academic medical centers, professional societies, patient advocacy groups, government agencies, and drug, device, and pharmaceutical companies. Failure of the medical community to take convincing action on conflicts of interest invites additional legislative or regulatory measures that may be overly broad or unduly burdensome. Conflict of Interest in Medical Research, Education, and Practice makes several recommendations for strengthening conflict of interest policies and curbing relationships that create risks with little benefit. The book will serve as an invaluable resource for individuals and organizations committed to high ethical standards in all realms of medicine.
Book Synopsis Dilemma of Duties by : Anne M. Corbin
Download or read book Dilemma of Duties written by Anne M. Corbin and published by SIU Press. This book was released on 2018-06-06 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Author Anne M. Corbin examines the unique role of defense counsel in juvenile courts, demonstrating the commonplace presence of role conflict, even among defenders in jurisdictions that clearly define this role, and showing the nature, extent, and impact of that role conflict on juvenile justice system stakeholders, processes, and policy"--
Book Synopsis Conflict of Norms in Public International Law by : Joost Pauwelyn
Download or read book Conflict of Norms in Public International Law written by Joost Pauwelyn and published by Cambridge University Press. This book was released on 2003-07-31 with total page 557 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most prominent and urgent problems in international governance is how the different branches and norms of international law interact and what to do in the event of conflict. With no single 'international legislator' and a multitude of states, international organisations and tribunals making and enforcing the law, the international legal system is decentralised. This leads to a wide variety of international norms, ranging from customary international law and general principles of law, to multilateral and bilateral treaties on trade, the environment, human rights, the law of the sea, etc. Pauwelyn provides a framework on how these different norms interact, focusing on the relationship between the law of the World Trade Organisation (WTO) and other rules of international law. He also examines the hierarchy of norms within the WTO treaty. His recurring theme is how to marry trade and non-trade rules, or economic and non-economic objectives at the international level.
Book Synopsis Methods of Resolving Conflicts between Treaties by : Seyed-Ali Sadat-Akhavi
Download or read book Methods of Resolving Conflicts between Treaties written by Seyed-Ali Sadat-Akhavi and published by BRILL. This book was released on 2021-10-18 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the theoretical and practical importance of the question of conflict between treaties, little has been written on the subject. This monograph fills this gap by providing a detailed analysis of the main issues. The book is divided into three parts. The first deals with the definition of conflict, causes of conflict, and different types of conflict. The second part examines different sources of international law in order to identify rules of international law relating to the resolution of conflicts. The third part addresses the actual process of resolving conflicts between treaties. After describing different stages of treaty conflict-resolution, it discusses some special principles advanced for resolving conflicts between certain types of treaties, namely, those relating to the protection of human rights, those concerning dispute settlement, and treaties dealing with private law issues.
Book Synopsis The Duty to Investigate in Situations of Armed Conflict by : Floris Tan
Download or read book The Duty to Investigate in Situations of Armed Conflict written by Floris Tan and published by BRILL. This book was released on 2023-09-14 with total page 647 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the duty to investigate potential violations of the law during armed conflict, and does so under international humanitarian law (IHL), international human rights law (IHRL), and their interplay. Through a meticulous comparative legal analysis, it maps out the scope and contents of investigative obligations. On the basis of general international law, it also develops and applies a novel and more broadly applicable step-by-step methodology for resolving issues of interplay between both legal regimes. In doing so, this study clarifies the scope of application and contents of investigative obligations under both legal regimes, as well as for situations to which both apply. The book finds that the oft-heard narrative that to require States to conduct human rights investigations during armed conflict would be wholly unrealistic in light of the realities of hostilities is unfounded and in need of revision.
Book Synopsis Treaty Conflict and the European Union by : Jan Klabbers
Download or read book Treaty Conflict and the European Union written by Jan Klabbers and published by Cambridge University Press. This book was released on 2009 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jan Klabbers examines how membership of the European Union affect treaties concluded between the member and non-member states.
Book Synopsis Irresolvable Norm Conflicts in International Law by : Valentin Jeutner
Download or read book Irresolvable Norm Conflicts in International Law written by Valentin Jeutner and published by Oxford University Press. This book was released on 2017-08-04 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conventionally, international legal scholarship concerned with norm conflicts focuses on identifying how international law can or should resolve them. This book adopts a different approach. It focuses on identifying those norm conflicts that law cannot and should not resolve. The book offers an unprecedented, controversial, yet sophisticated, argument in favour of construing such irresolvable conflicts as legal dilemmas. Legal dilemmas exist when a legal actor confronts a conflict between at least two legal norms that cannot be avoided or resolved. Addressing both academics and practitioners, the book aims to identify the character and consequences of legal dilemmas, to distil their legal function within the sphere of international law, and to encourage serious theoretical and practical investigation into the conditions that lead to a legal dilemma. The first part proposes a definition of legal dilemmas and distinguishes the term from numerous related concepts. Based on this definition, the second part scrutinises international law's contemporary norm conflict resolution and accommodation devices in order to identify their limited ability to resolve certain kinds of norm conflicts. Against the background of the limits identified in the second part, the third part outlines and evaluates the book's proposed method of dealing with legal dilemmas. In contrast to conventional approaches that recommend dealing with irresolvable norm conflicts by means of non liquet declarations, judicial law-making, or a balancing test, the book's proposal envisions that irresolvable norm conflicts are dealt with by judicial and sovereign actors in a complementary fashion. Judicial actors should openly acknowledge irresolvable conflicts and sovereign actors should decide with which norm they will comply. The book concludes with the argument that analysing various aspects of international law through the concept of a legal dilemma enhances its conceptual accuracy, facilitates more legitimate decision-making, and maintains its dynamic responsiveness.
Book Synopsis Logic, Language, Information, and Computation by : Agata Ciabattoni
Download or read book Logic, Language, Information, and Computation written by Agata Ciabattoni and published by Springer Nature. This book was released on 2022-09-08 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: Edited in collaboration with FoLLI, the Association of Logic, Language and Information this book constitutes the refereed proceedings of the 28th Workshop on Logic, Language, Information and Computation, WoLLIC 2022, Iasi, Romania, in September 2022. The 25 full papers presented included with 8 extra abstracts, 5 invited talks and 3 tutorials were fully reviewed and selected from 46 submissions. The conference aims fostering interdisciplinary research in pure and applied logic.
Book Synopsis Ends and Principles in Kant’s Moral Thought by : John E. Atwell
Download or read book Ends and Principles in Kant’s Moral Thought written by John E. Atwell and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Immanuel Kant (1724-1804) stands among the greatest thinkers of the Western world. There is hardly an area of thought, at least of philosophical thought, to which he did not make significant and lasting contributions. Particularly noteworthy are his writings on the foundations and limits of human knowledge, the bidimensional nature of perceptual or "natural" objects (including human beings), the basic principles and ends of morality, the character of a just society and of a world at peace, the movement and direction of human history, the nature of beauty, the end or purpose of all creation, the proper education of young people, the true conception of religion, and on and on. Though Kant was a life-long resident of Konigsberg, Prussia - child, student, tutor, and then professor of philosophy (and other subjects) - his thought ranged over nearly all the world and even beyond. Reports reveal that he (a bachelor) was an amiable man, highly respected by his students and colleagues, and even loved by his several close friends. He was apparently a man of integrity, both in his personal relations and in his pursuit of knowledge and truth. Despite his somewhat pessimistic attitude toward the moral progress of mankind - judging from past history and contemporary events - he never wavered from a deep-seated faith in the goodness of the human heart, in man's "splendid disposition toward the good.
Book Synopsis Extending Deontic Logic for the Formalisation of Legal Rules by : L.L. Royakkers
Download or read book Extending Deontic Logic for the Formalisation of Legal Rules written by L.L. Royakkers and published by Springer Science & Business Media. This book was released on 2013-04-17 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes extensions of deontic logic. Deontic logic is a branch of philosophical logic involving reasoning with norms, obligations, prohibitions and permissions. The extensions concern the logical structure of legal rules and legal reasoning. Their function is to improve the representation of legal knowledge and enhance deontic logic through increased expressibility. The resulting formulas acquire new meanings, not expressible in standard deontic logic, which are subject to fresh interpretations. The author offers an extensive analysis of the representation of actors, to whom the norms are directed, and authorities who enact the norms. Moreover, a distinction is made between enactment and applicability. A modality of enactment can be used to express inconsistent enacted norms in a consistent way. An authority-hierarchy is introduced to filter out the applicable norms from the set of enacted norms. Some related philosophical questions will be discussed regarding the applications of formalisms that are intrinsic to practical science with respect to `consistency' and `universality'. The formalisms and applications considered here are relevant for law, philosophy and computer science, with a special focus on the improvement of legal expert systems and intelligent support for legal professionals.
Book Synopsis The Court of Justice and European Criminal Law by : Valsamis Mitsilegas
Download or read book The Court of Justice and European Criminal Law written by Valsamis Mitsilegas and published by Bloomsbury Publishing. This book was released on 2019-09-05 with total page 779 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of this book is to provide an insight into the landmark rulings of the Court of Justice of the European Union (CJEU) in European Criminal Law (ECL). As in other areas of EU law, the decisions of the CJEU have been a driving force for development and integration. By analysing the impact of these leading cases on EU and national law, the book provides a diachronic and multifaceted picture of the Court's approach to criminal law.
Book Synopsis Economics, Ethics and the Market by : Johan J. Graafland
Download or read book Economics, Ethics and the Market written by Johan J. Graafland and published by Routledge. This book was released on 2006-10-19 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: The primary aim of the text is to introduce the reader to the relationship between economics and ethics and to the application of economic ethics in the evaluation of the market. The reader will gain insight into: The ethical and methodological strategy of economics and criticism of the core assumptions that underpin the economic defence of free market operation. The characteristics of different ethical theories (utilitarianism, duty and rights ethics, justice and virtue ethics) that can be used to evaluate the free market. How to apply economics in conjunction with ethical theories to evaluate economic trends and policies that promote the free operation of the market and are subject to public debate. These insights will help to develop the reasoning and analytical skills needed to criticize economic analysis as well as to apply ethical concepts to moral issues in economic policy.
Book Synopsis Conflicts in International Environmental Law by : Rüdiger Wolfrum
Download or read book Conflicts in International Environmental Law written by Rüdiger Wolfrum and published by Springer Science & Business Media. This book was released on 2003-07-22 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is an important contribution to both theoretical and practical approaches to solving contradictions and conflicts between the approaches, principles, objectives and regulations of international environmental agreements. The issue of the coordination and streamlining of environmental agreements is of growing importance regarding the increasing number of international regulations on the one hand and the urgency for effective instruments in the light of continuing environmental degradation on the other. This study will become an essential reference for scholars as well as practitioners working in the field of international environmental law.
Book Synopsis Innocence Lost by : Christopher W. Gowans
Download or read book Innocence Lost written by Christopher W. Gowans and published by Oxford University Press. This book was released on 1994-06-16 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our lives are such that moral wrongdoing is sometimes inescapable for us. We have moral responsibilities to persons which may conflict and which it is wrong to violate even when they do conflict. Christopher W. Gowans argues that we must accept this conclusion if we are to make sense of our moral experience and the way in which persons are valuable to us. In defending this position, he critically examines the recent moral dilemmas debate. He maintains that what is important in this debate is not whether there are irresolvable moral conflicts, but whether there are moral conflicts in which wrongdoing is unavoidable. Though it would be incoherent to conclude moral deliberation by deciding to perform incompatible actions, he argues that there is nothing incoherent in supposing that we have conflicting moral responsibilities. In this way, he shows that it is possible to capture the intuitions of those who have defended the idea of moral dilemmas while meeting the objections of those who have rejected this idea. Gowans carefully evaluates utilitarian and Kantian analyses of moral dilemmas. He argues that these approaches eliminate genuine moral conflict only by displacing persons as direct objects of moral concern. As an alternative, he develops a more concrete account in which moral responsibilities to persons are central. The book also includes discussions of Melville's Billy Budd, methodology in moral philosophy, moral pluralism, moral tragedy, and "dirty hands" in politics.