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Proportionate Response
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Book Synopsis Proportionate Response by : Dave Buschi
Download or read book Proportionate Response written by Dave Buschi and published by Dave Buschi. This book was released on 2012-02-10 with total page 587 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marks and Lip know how to take down a target. You fix eyes on it, hit it, and exploit the site to find your next target. You proceed that way until you eventually take down the entire structure. Doing the "consultant" gig now, they're still tracking down threats. But this threat is a doozy. A mysterious threat, known as Client 487, is intent on planting seeds of dissent that will dismantle our very way of life. The more Marks and Lip discover, the more they realize this has been going on for some time. And it's ugly.
Book Synopsis The Judge and the Proportionate Use of Discretion by : Sofia Ranchordás
Download or read book The Judge and the Proportionate Use of Discretion written by Sofia Ranchordás and published by Routledge. This book was released on 2015-06-12 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines different legal systems and analyses how the judge in each of them performs a meaningful review of the proportional use of discretionary powers by public bodies. Although the proportionality test is not equally deep-rooted in the literature and case-law of France, Germany, the Netherlands and the United Kingdom, this principle has assumed an increasing importance partly due to the influence of the European Court of Justice and European Court of Human Rights. In the United States, different standards of judicial review are applied to review ‘arbitrary and capricious’ agency discretion. However, do US judges achieve a similar result to the proportionality or reasonableness test? Drawing together a selection of key experts in the field, this book analyses the principle of proportionality in the judicial review of administrative decisions from different perspectives. The principle is first examined in the context of recent developments in the literature and case-law, including the inevitable EU influence, then light shall be shed on the meaning of this principle in the specific case-law of the European Court of Justice and European Court of Human Rights. Finally, the authors go on to explore the ways in which US judges consciously ‘sanction’ the ‘disproportionate’ and/or unreasonable’ use of agency discretion. In the legal systems where the proportionality test plays a very limited role, Ranchordás and de Waard also try to clarify why this is the case and look at what alternative solutions have been found. This book will be of great interest to scholars of public and administrative law, and EU law.
Book Synopsis Proportionality in Crime Control and Criminal Justice by : Emmanouil Billis
Download or read book Proportionality in Crime Control and Criminal Justice written by Emmanouil Billis and published by Bloomsbury Publishing. This book was released on 2021-04-22 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume seeks to reassess the old and to analyse and develop novel approaches to the notion of proportionality in criminal matters and the new security architecture. The discourse is not limited to conventional constitutional constellations and standard problems of sentencing in traditional criminal proceedings. Rather, the book offers an interdisciplinary and cross-jurisdictional exploration of highly topical, proportionality-related issues pertinent to penal theory and legal philosophy, criminalisation policies, security and anti-terrorism strategies, alternative types of justice delivery, and supranational enforcement as well as human rights and international criminal and humanitarian law. In today's global risk society, with its numerous visible and invisible enemies of the state and the individual, balancing freedom and security has become nothing less than an attempt at untying a Gordian knot. Against this background, the proportionality of measures of crime prevention and repression is unquestionably an issue of utmost importance, which basic research and legal policy in rule-of-law based systems are urgently called to address. The timely and fascinating contributions in this book, covering jurisdictions from both the common law and the civil law as well as hybrid and international jurisdictions, will appeal to academics, researchers, policy advisers and practitioners working in the areas of national and international criminal law, comparative criminal justice/criminology and legal philosophy as well as constitutional and security law.
Book Synopsis The Use of Force in Humanitarian Intervention by : John Janzekovic
Download or read book The Use of Force in Humanitarian Intervention written by John Janzekovic and published by Ashgate Publishing, Ltd.. This book was released on 2013-03-28 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Humanitarian intervention is a many layered and complex concept. While moral society has an obligation to stop deliberate and persistent serious human rights abuse, the direct use of force remains a contentious option alongside other strategies employed by the international community. This study analyzes the various ethical positions, particularly consequentialism, welfare-utilitarianism and just war theory to unravel this intricate topic. Uniquely, the book goes beyond previous philosophical or ethical treatments of the subject to provide a more rounded and practical reflection on the lessons learned from the revival of humanitarian intervention as a tool of conflict resolution.
Book Synopsis Fulke Greville and the Culture of the English Renaissance by : Russ Leo
Download or read book Fulke Greville and the Culture of the English Renaissance written by Russ Leo and published by Oxford University Press, USA. This book was released on 2019-02-06 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fulke Greville's reputation has always been overshadowed by that of his more famous friend, Philip Sidney, a legacy due in part to Greville's complex moulding of his authorial persona as Achates to Sidney's Aeneas, and in part to the formidable complexity of his poetry and prose. This volume seeks to vindicate Greville's 'obscurity' as an intrinsic feature of his poetic thinking, and as a privileged site of interpretation. The seventeen essays shed new light on Greville's poetry, philosophy, and dramatic work. They investigate his examination of monarchy and sovereignty; grace, salvation, and the nature of evil; the power of poetry and the vagaries of desire, and they offer a reconsideration of his reputation and afterlife in his own century, and beyond. The volume explores the connections between poetic form and philosophy, and argues that Greville's poetic experiments and meditations on form convey penetrating, and strikingly original contributions to poetics, political thought, and philosophy. Highlighting stylistic features of his poetic style, such as his mastery of the caesura and of the feminine ending; his love of paradox, ambiguity, and double meanings; his complex metaphoricity and dense, challenging syntax, these essays reveal how Greville's work invites us to revisit and rethink many of the orthodoxies about the culture of post-Reformation England, including the shape of political argument, and the forms and boundaries of religious belief and identity.
Book Synopsis Intolerant Religion in a Tolerant-Liberal Democracy by : Yossi Nehushtan
Download or read book Intolerant Religion in a Tolerant-Liberal Democracy written by Yossi Nehushtan and published by Bloomsbury Publishing. This book was released on 2016-01-21 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to examine and critically analyse the role that religion has and should have in the public and legal sphere. The main purpose of the book is to explain why religion, on the whole, should not be tolerated in a tolerant-liberal democracy and to describe exactly how it should not be tolerated – mainly by addressing legal issues. The main arguments of the book are, first, that as a general rule illiberal intolerance should not be tolerated; secondly, that there are meaningful, unique links between religion and intolerance, and between holding religious beliefs and holding intolerant views (and ultimately acting upon these views); and thirdly, that the religiosity of a legal claim is normally a reason, although not necessarily a prevailing one, not to accept that claim.
Book Synopsis The Ethics of Self-Defense by : Christian Coons
Download or read book The Ethics of Self-Defense written by Christian Coons and published by Oxford University Press. This book was released on 2016-05-02 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fifteen new essays collected in this volume address questions concerning the ethics of self-defense, most centrally when and to what extent the use of defensive force, especially lethal force, can be justified. Scholarly interest in this topic reflects public concern stemming from controversial cases of the use of force by police, and military force exercised in the name of defending against transnational terrorism. The contributors pay special attention to determining when a threat is liable to defensive harm, though doubts about this emphasis are also raised. The legitimacy of so-called "stand your ground" policies and laws is also addressed. This volume will be of great interest to readers in moral, political, and legal philosophy.
Book Synopsis Emotion and Historiography in Polybius’ Histories by : Regina M. M. Loehr
Download or read book Emotion and Historiography in Polybius’ Histories written by Regina M. M. Loehr and published by Taylor & Francis. This book was released on 2023-12-29 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores emotion and its importance in Polybius’ conception of history, his writing of historiography, and the benefits of this understanding to readers of history. How and why did ancient historians include emotions in their texts? This book argues that in the Histories of Polybius – the Greek historian who recorded Rome’s rise to dominion in the ancient Mediterranean – emotions play an effective role in history, used by the historian to explain the causes of actions, connect events, and make sense of human behavior. Through analysis of the emotions in the narrative and theory of Polybius’ Histories using critical terminology and frameworks from modern philosophy, psychology, and political science, this work calls into question assumptions that emotions were purely irrational and detrimental in ancient history, politics, and historiography. Emotions often positively shape Polybius’ historical narrative, provide criteria for the success and morality of agents, actions, and even historians, and aid the historian in guiding readers to become intelligent leaders and citizens of a new world centered on Rome. Emotion and Historiography in Polybius’ Histories is a fascinating read for students and scholars of ancient historiography and history, as well as those working on ancient political thought, emotions in the ancient Greek world, and emotion in history and literature more broadly.
Book Synopsis War on All Fronts by : Nicholas G. Evans
Download or read book War on All Fronts written by Nicholas G. Evans and published by MIT Press. This book was released on 2023-05-16 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: An argument for the centrality of rights in health security, and how to apply ethical principles to protecting those rights during public health crises. In recent years, efforts to respond to infectious diseases have been described in terms of national and global security, leading to the formation of the field of “health security.” In War on All Fronts, Nicholas G. Evans provides a novel theory of just health security and its relation to the practice of conventional public health. Using COVID-19 as a jumping-off point to examine wider issues, including how the US thinks about and prepares for pandemics, Evans shows the flaws in using the “war metaphor" and how any serious understanding of health security must square with human rights—even when a disease poses a threat to national security. Evans asks what ethical principles justify declaring, and taking action during, a public health emergency such as the ongoing COVID-19 pandemic. The relevant principles, he argues, parallel those of the ethics of armed conflict. Just war theory, properly understood, begins with pacifism and a commitment to the right not to be killed and then steps back to ask under what limited conditions it is permissible to kill. In a similar way, a just health security must also begin with the idea that public health should hold human rights sacrosanct and then ask under what limited conditions other concerns might prevail. Evans’s overall goal is to formulate a guide to action, particularly as the world deals with the fallout of the COVID-19 pandemic. Turning to the transition from war back to peace in public health, he looks at reparation, rebuilding, and the accountability of actors during the crisis.
Book Synopsis U.S. Military Operations by : Geoffrey S. Corn
Download or read book U.S. Military Operations written by Geoffrey S. Corn and published by Oxford University Press. This book was released on 2015-11-04 with total page 881 pages. Available in PDF, EPUB and Kindle. Book excerpt: In U.S. Military Operations: Law, Policy, and Practice, a distinguished group of military experts comprehensively analyze how the law is applied during military operations on and off the battlefield. Subject matter experts offer a unique insiders perspective on how the law is actually implemented in a wide swath of military activities, such as how the law of war applies in the context of multi-state coalition forces, and whether non-governmental organizations involved in quasi-military operations are subject to the same law. The book goes on to consider whether U.S. Constitutional 4th Amendment protections apply to the military's cyber-defense measures, how the law guides targeting decisions, and whether United Nations mandates constitute binding rules of international humanitarian law. Other areas of focus include how the United States interacts with the International Committee of the Red Cross regarding its international legal obligations, and how courts should approach civil claims based on war-related torts. This book also answers questions regarding how the law of armed conflict applies to such extra-conflict acts as intercepting pirates and providing humanitarian relief to civilians in occupied territory.
Book Synopsis Cases and Materials on Employment Law by : Richard Painter
Download or read book Cases and Materials on Employment Law written by Richard Painter and published by Oxford University Press, USA. This book was released on 2012-07-19 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: A complete reference resource for students of employment law. Well established as the most regularly updated casebook on the market, it offers a wide range of case law and statutes along with plenty of non-statutory material, providing students with a thorough grounding in the subject.
Book Synopsis Rethinking Punishment in the Era of Mass Incarceration by : Chris W. Surprenant
Download or read book Rethinking Punishment in the Era of Mass Incarceration written by Chris W. Surprenant and published by Taylor & Francis. This book was released on 2017-07-06 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most important problems faced by the United States is addressing its broken criminal justice system. This collection of essays offers a thorough examination of incarceration as a form of punishment. In addition to focusing on the philosophical aspects related to punishment, the volume’s diverse group of contributors provides additional background in criminology, economics, law, and sociology to help contextualize the philosophical issues. The first group of essays addresses whether or not our current institutions connected with punishment and incarceration are justified in a liberal society. The next set of chapters explores the negative effects of incarceration as a form of punishment, including its impact on children and families. The volume then describes how we arrived at our current situation in the United States, focusing on questions related to how we view prisons and prisoners, policing for profit, and the motivations of prosecutors in trying to secure convictions. Finally, Rethinking Punishment in the Era of Mass Incarceration examines specific policy alternatives that might offer solutions to our current approach to punishment and incarceration.
Book Synopsis Ethics and the Laws of War by : Antony Lamb
Download or read book Ethics and the Laws of War written by Antony Lamb and published by Routledge. This book was released on 2013-05-29 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an examination of the permissions, prohibitions and obligations found in just war theory, and the moral grounds for laws concerning war. Pronouncing an action or course of actions to be prohibited, permitted or obligatory by just war theory does not thereby establish the moral grounds of that prohibition, permission or obligation; nor does such a pronouncement have sufficient persuasive force to govern actions in the public arena. So what are the moral grounds of laws concerning war, and what ought these laws to be? Adopting the distinction between jus ad bellum and jus in bello, the author argues that rules governing conduct in war can be morally grounded in a form of rule-consequentialism of negative duties. Looking towards the public rules, the book argues for a new interpretation of existing laws, and in some cases the implementation of completely new laws. These include recognising rights of encompassing groups to necessary self-defence; recognising a duty to rescue; and considering all persons neither in uniform nor bearing arms as civilians and therefore fully immune from attack, thus ruling out ‘targeted’ or ‘named’ killings. This book will be of much interest to students of just war theory, ethics of war, international law, peace and conflict studies, and Security Studies/IR in general.
Book Synopsis Pandemic Ethics by : Julian Savulescu
Download or read book Pandemic Ethics written by Julian Savulescu and published by Oxford University Press. This book was released on 2023-04-01 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: The COVID-19 pandemic is a defining event of the 21st century. It has taken over eighteen million lives, closed national borders, put whole populations into quarantine and devastated economies. Yet while COVID-19 is catastrophic, it is not unique. Children who have been home-schooled during COVID-19 will almost certainly face another pandemic in their lifetime - one at least as bad-and potentially much worse-than this one. The WHO has referred to such a future (currently unknown) pathogen as “Disease X”. The defining feature of a pandemic is its scale-the simultaneous threat to millions or even billions of lives. That scale leads to unavoidable ethical dilemmas since the lives and livelihood of all cannot be protected. But since one of the most powerful ways of arresting the spread of a pandemic is to reduce contact between people, pandemic ethics also challenges some of our most widely accepted ethical beliefs about individual liberty and autonomy. Finally, pandemic ethics brings vividly to the foreground debates about the structure of society, inequalities, disadvantage and our global responsibilities. In this timely and vital collection, Dominic Wilkinson and Julian Savulescu bring together a global team of leading philosophers, lawyers, economists, and bioethicists. The book reviews the COVID-19 pandemic to ask not only 'did our societies make the right ethical choices?', but also 'what lessons must we learn before Disease X arrives?'
Book Synopsis Black Mixed-Race Men by : Remi Joseph-Salisbury
Download or read book Black Mixed-Race Men written by Remi Joseph-Salisbury and published by Emerald Group Publishing. This book was released on 2018-08-06 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a corrective to pathological and stereotypical representations of mixedness generally, and Black mixed-race men specifically. By introducing the concept of ‘post-racial’ resilience the book shows that Black mixed-race men are active and agentic as they resist the fragmentation and erasure of multiplicitous identities.
Book Synopsis Markets in Vice, Markets in Virtue by : John Braithwaite
Download or read book Markets in Vice, Markets in Virtue written by John Braithwaite and published by Oxford University Press, USA. This book was released on 2005 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: This sweeping, comparative study of taxation in the United States and Australia shows that even as governments in the Western world have become increasingly sophisticated tax collectors, a competitive and ruthless market in advice on tax avoidance has developed. The same competitive forces in the late twentieth century which have driven down prices and sparked efficiencies in the production of fast food or computer parts have helped stimulate the markets for "bads" like tax shelters and problem gambling. Braithwaite draws the surprising conclusion that effective regulation could actually flip markets in vice to markets of virtue. Essential reading for anyone involved in policy, governance, and regulation, Markets in Vice, Markets in Virtue provides a blueprint for restoring the equity of Western tax systems and a breakthrough theory of how regulators can support markets in virtue and curtail markets in vice.
Book Synopsis Folk on the Delaware General Corporation Law by : Edward P. Welch
Download or read book Folk on the Delaware General Corporation Law written by Edward P. Welch and published by Wolters Kluwer. This book was released on 2006-09-01 with total page 4478 pages. Available in PDF, EPUB and Kindle. Book excerpt:
