Olivier Cadot, Antoni Estevadeordal, Akiko Suwa-Eisenmann, and Thierry Verdier (eds)
- Published in print:
- 2006
- Published Online:
- May 2006
- ISBN:
- 9780199290482
- eISBN:
- 9780191603471
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199290482.001.0001
- Subject:
- Economics and Finance, International
Rules of Origin (RoO) are among the most important instruments in the negotiation and functioning of Regional Trade Agreements (RTAs), designed to determine the eligibility of goods for preferential ...
More
Rules of Origin (RoO) are among the most important instruments in the negotiation and functioning of Regional Trade Agreements (RTAs), designed to determine the eligibility of goods for preferential treatment among RTA members. Ostensibly meant to prevent the trans-shipment of imported products across RTA borders after only superficial assembly, they may act as complex and opaque trade barriers in practice. This book suggests that RoO do this with intent rather than accidentally. In other words, RoO are truly trade policy instruments. The book’s overall message for the policy community is that RoO are a potentially powerful and new barrier to trade. Their design should hold centre-stage in trade negotiations rather than being relegated to closed-door technical meetings.Less
Rules of Origin (RoO) are among the most important instruments in the negotiation and functioning of Regional Trade Agreements (RTAs), designed to determine the eligibility of goods for preferential treatment among RTA members. Ostensibly meant to prevent the trans-shipment of imported products across RTA borders after only superficial assembly, they may act as complex and opaque trade barriers in practice. This book suggests that RoO do this with intent rather than accidentally. In other words, RoO are truly trade policy instruments. The book’s overall message for the policy community is that RoO are a potentially powerful and new barrier to trade. Their design should hold centre-stage in trade negotiations rather than being relegated to closed-door technical meetings.
Mia de Kuijper
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780195171631
- eISBN:
- 9780199871353
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195171631.003.0012
- Subject:
- Economics and Finance, Macro- and Monetary Economics
In Chapter 11, the conclusions of Chapters 6–10 are used to derive the Four Rules for Maximizing Profits in Transparency for investors and for corporate leaders. Each of the four rules revolves ...
More
In Chapter 11, the conclusions of Chapters 6–10 are used to derive the Four Rules for Maximizing Profits in Transparency for investors and for corporate leaders. Each of the four rules revolves around the use of a power node.Less
In Chapter 11, the conclusions of Chapters 6–10 are used to derive the Four Rules for Maximizing Profits in Transparency for investors and for corporate leaders. Each of the four rules revolves around the use of a power node.
Mia de Kuijper
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780195171631
- eISBN:
- 9780199871353
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195171631.003.0015
- Subject:
- Economics and Finance, Macro- and Monetary Economics
Chapter 14 introduces the The Four Rules for Maximizing Profits in Transparency Method and presents a series of step-by-step templates for evaluation and action plans that should be implemented by ...
More
Chapter 14 introduces the The Four Rules for Maximizing Profits in Transparency Method and presents a series of step-by-step templates for evaluation and action plans that should be implemented by any business leader or investor who is seriously interested in extraordinary returns. Chapter 15 through 18 contain the operating instructions for implementation of the Four Rules and for using power nodes. These guidelines are illustrated with many specific examples that successful companies have used, as well as with lessons from avoidable mistakes.Less
Chapter 14 introduces the The Four Rules for Maximizing Profits in Transparency Method and presents a series of step-by-step templates for evaluation and action plans that should be implemented by any business leader or investor who is seriously interested in extraordinary returns. Chapter 15 through 18 contain the operating instructions for implementation of the Four Rules and for using power nodes. These guidelines are illustrated with many specific examples that successful companies have used, as well as with lessons from avoidable mistakes.
Michael A Bishop and J. D. Trout
- Published in print:
- 2005
- Published Online:
- July 2005
- ISBN:
- 9780195162295
- eISBN:
- 9780199835539
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195162293.001.0001
- Subject:
- Philosophy, Metaphysics/Epistemology
This book presents a new approach to epistemology (the theory of human knowledge and reasoning). Its approach aims to liberate epistemology from the scholastic debates of standard analytic ...
More
This book presents a new approach to epistemology (the theory of human knowledge and reasoning). Its approach aims to liberate epistemology from the scholastic debates of standard analytic epistemology, and treat it as a branch of the philosophy of science. The approach is novel in its use of cost-benefit analysis to guide people facing real reasoning problems and in its framework for resolving normative disputes in psychology. Based on empirical data, the book shows how people can improve their reasoning by relying on Statistical Prediction Rules (SPRs). It then develops and articulates the positive core of the book. The view presented — Strategic Reliabilism — claims that epistemic excellence consists in the efficient allocation of cognitive resources to reliable reasoning strategies, applied to significant problems. The last third of the book develops the implications of this view for standard analytic epistemology; for resolving normative disputes in psychology; and for offering practical, concrete advice on how this theory can improve real people's reasoning.Less
This book presents a new approach to epistemology (the theory of human knowledge and reasoning). Its approach aims to liberate epistemology from the scholastic debates of standard analytic epistemology, and treat it as a branch of the philosophy of science. The approach is novel in its use of cost-benefit analysis to guide people facing real reasoning problems and in its framework for resolving normative disputes in psychology. Based on empirical data, the book shows how people can improve their reasoning by relying on Statistical Prediction Rules (SPRs). It then develops and articulates the positive core of the book. The view presented — Strategic Reliabilism — claims that epistemic excellence consists in the efficient allocation of cognitive resources to reliable reasoning strategies, applied to significant problems. The last third of the book develops the implications of this view for standard analytic epistemology; for resolving normative disputes in psychology; and for offering practical, concrete advice on how this theory can improve real people's reasoning.
Sydney D. Bailey and Sam Daws
- Published in print:
- 1998
- Published Online:
- November 2003
- ISBN:
- 9780198280736
- eISBN:
- 9780191598746
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198280734.001.0001
- Subject:
- Political Science, International Relations and Politics
The Procedure of the UN Security Council is the definitive book of its kind and has been widely used by UN practitioners and scholars for over twenty years. This new revised and ...
More
The Procedure of the UN Security Council is the definitive book of its kind and has been widely used by UN practitioners and scholars for over twenty years. This new revised and thoroughly updated third edition encompasses the many changes in Council procedure that have occurred since the end of the Cold War, which ushered in new possibilities for international co‐operation, and increased recourse to the UN. The last decade has seen the Gulf War and a plethora of new and often complex peacekeeping operations, from Bosnia to Rwanda, and such increased demands and associated expectations have placed a spotlight on the role and functioning of the Security Council. Recent years have seen a greater recourse to informal consultations of Council members prior to Council meetings, and the search for consensual Council decision‐making has led to differences of opinion on both procedural and substantive matters being dealt with largely during such consultations. This has produced calls from non‐members for greater Council transparency. Other proposals, both from within and outside the UN, have advocated reforms to the Council's composition or working methods to ensure its continued effectiveness and legitimacy. The new edition attempts to reflect the many recent developments in the procedure of the Security Council, while still reflecting the considerable continuity that exists with the past. In particular, to illustrate and illuminate aspects of Council procedure, many examples have been used from the UN's early years, since this was the time when many of the original precedents were created. Some of the anecdotes that touch on the human side of Council diplomacy have also been retained. The new edition includes new information on the following: the Provisional Rules of Procedure; public and private meetings; consultations and briefings with non‐members and troop‐contributors, including transparency, Presidential briefings, and orientation debates; informal consultations and ‘Arria formula’ meetings; the appointment of the Secretary‐General of the UN; relationships with the UN General Assembly, the UN International Court of Justice, the UN Trusteeship Council, and the UN Military Staff Committee; subsidiary organs, including sanctions committees; the veto and Security Council membership; Chapter VII resolutions, UN peacekeeping and UN‐authorized enforcement; Council enlargement and de jure and de facto Charter amendments; changes in Council documentation; and ad hoc and regional groupings in the Council.Less
The Procedure of the UN Security Council is the definitive book of its kind and has been widely used by UN practitioners and scholars for over twenty years. This new revised and thoroughly updated third edition encompasses the many changes in Council procedure that have occurred since the end of the Cold War, which ushered in new possibilities for international co‐operation, and increased recourse to the UN. The last decade has seen the Gulf War and a plethora of new and often complex peacekeeping operations, from Bosnia to Rwanda, and such increased demands and associated expectations have placed a spotlight on the role and functioning of the Security Council. Recent years have seen a greater recourse to informal consultations of Council members prior to Council meetings, and the search for consensual Council decision‐making has led to differences of opinion on both procedural and substantive matters being dealt with largely during such consultations. This has produced calls from non‐members for greater Council transparency. Other proposals, both from within and outside the UN, have advocated reforms to the Council's composition or working methods to ensure its continued effectiveness and legitimacy. The new edition attempts to reflect the many recent developments in the procedure of the Security Council, while still reflecting the considerable continuity that exists with the past. In particular, to illustrate and illuminate aspects of Council procedure, many examples have been used from the UN's early years, since this was the time when many of the original precedents were created. Some of the anecdotes that touch on the human side of Council diplomacy have also been retained. The new edition includes new information on the following: the Provisional Rules of Procedure; public and private meetings; consultations and briefings with non‐members and troop‐contributors, including transparency, Presidential briefings, and orientation debates; informal consultations and ‘Arria formula’ meetings; the appointment of the Secretary‐General of the UN; relationships with the UN General Assembly, the UN International Court of Justice, the UN Trusteeship Council, and the UN Military Staff Committee; subsidiary organs, including sanctions committees; the veto and Security Council membership; Chapter VII resolutions, UN peacekeeping and UN‐authorized enforcement; Council enlargement and de jure and de facto Charter amendments; changes in Council documentation; and ad hoc and regional groupings in the Council.
Sydney D. Bailey and Sam Daws
- Published in print:
- 1998
- Published Online:
- November 2003
- ISBN:
- 9780198280736
- eISBN:
- 9780191598746
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198280734.003.0008
- Subject:
- Political Science, International Relations and Politics
Discusses possible improvements in the working of the UN Security Council that would depend upon changes in the Charter. It looks first at the possibility of changes to the Charter, at now‐redundant ...
More
Discusses possible improvements in the working of the UN Security Council that would depend upon changes in the Charter. It looks first at the possibility of changes to the Charter, at now‐redundant parts of it, at parts that have not been implemented but are disregarded, and at de facto changes that have occurred with general agreement. The second section of the chapter looks at the growing pressure for new members, and the highly complex issues involved, which are briefly outlined. The third section looks at the fact that while there have been major developments in the procedure of the Council, there have been less explicit references to the Rules of Procedure at public meetings; it goes on to look at possible rule changes in the context of meetings, agendas, representation and credentials, the presidency and secretariat, the conduct of business, voting, languages and records, and the admission of new members. The fourth section looks at changes in working practices that have occurred, and the fifth discusses how, if the Charter is to remain substantially unamended, improvements are to be made to the workings of the Council: the answer given is that changes are needed in national attitudes and policies.Less
Discusses possible improvements in the working of the UN Security Council that would depend upon changes in the Charter. It looks first at the possibility of changes to the Charter, at now‐redundant parts of it, at parts that have not been implemented but are disregarded, and at de facto changes that have occurred with general agreement. The second section of the chapter looks at the growing pressure for new members, and the highly complex issues involved, which are briefly outlined. The third section looks at the fact that while there have been major developments in the procedure of the Council, there have been less explicit references to the Rules of Procedure at public meetings; it goes on to look at possible rule changes in the context of meetings, agendas, representation and credentials, the presidency and secretariat, the conduct of business, voting, languages and records, and the admission of new members. The fourth section looks at changes in working practices that have occurred, and the fifth discusses how, if the Charter is to remain substantially unamended, improvements are to be made to the workings of the Council: the answer given is that changes are needed in national attitudes and policies.
Michael A Bishop and J. D. Trout
- Published in print:
- 2005
- Published Online:
- July 2005
- ISBN:
- 9780195162295
- eISBN:
- 9780199835539
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195162293.003.0001
- Subject:
- Philosophy, Metaphysics/Epistemology
This introductory chapter presents an overview of the subsequent chapters in this book which will discuss topics such as epistemological theory, Statistical Prediction Rules, Strategic Reliabilism, ...
More
This introductory chapter presents an overview of the subsequent chapters in this book which will discuss topics such as epistemological theory, Statistical Prediction Rules, Strategic Reliabilism, and Standard Analytic Epistemology.Less
This introductory chapter presents an overview of the subsequent chapters in this book which will discuss topics such as epistemological theory, Statistical Prediction Rules, Strategic Reliabilism, and Standard Analytic Epistemology.
Lokke Moerel
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199662913
- eISBN:
- 9780191746208
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199662913.003.0012
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter presents the overall conclusions, looking at issues relating to Binding Corporate Rules, Corporate Social Responsibility, and Data Protection Regulation. It provides recommendations and ...
More
This chapter presents the overall conclusions, looking at issues relating to Binding Corporate Rules, Corporate Social Responsibility, and Data Protection Regulation. It provides recommendations and gives an evaluation of the research objectives and hypotheses.Less
This chapter presents the overall conclusions, looking at issues relating to Binding Corporate Rules, Corporate Social Responsibility, and Data Protection Regulation. It provides recommendations and gives an evaluation of the research objectives and hypotheses.
John Wigger
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780195387803
- eISBN:
- 9780199866410
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195387803.003.0022
- Subject:
- Religion, History of Christianity
When he had the time, Asbury read as much as he could, including popular new releases. Richard Whatcoat died in July 1806. The details of Thomas Coke’s secret overtures to William White to combine ...
More
When he had the time, Asbury read as much as he could, including popular new releases. Richard Whatcoat died in July 1806. The details of Thomas Coke’s secret overtures to William White to combine the Methodist and Episcopal churches in 1791 were first published in 1807. This further undermined Coke’s standing among American Methodists. The 1808 General Conference elected William McKendree to the episcopacy to replace Whatcoat. The conference also passed the so-called Restrictive Rules, which formed something akin to new constitution for the church, making it more difficult to change basic doctrine. All of this was a relief to Asbury, who continued to push himself, relentlessly traveling from one annual conference to the next across the nation. Yet he could not help but notice the growing prosperity of many Methodists, which Asbury feared would ultimately dampen their zeal.Less
When he had the time, Asbury read as much as he could, including popular new releases. Richard Whatcoat died in July 1806. The details of Thomas Coke’s secret overtures to William White to combine the Methodist and Episcopal churches in 1791 were first published in 1807. This further undermined Coke’s standing among American Methodists. The 1808 General Conference elected William McKendree to the episcopacy to replace Whatcoat. The conference also passed the so-called Restrictive Rules, which formed something akin to new constitution for the church, making it more difficult to change basic doctrine. All of this was a relief to Asbury, who continued to push himself, relentlessly traveling from one annual conference to the next across the nation. Yet he could not help but notice the growing prosperity of many Methodists, which Asbury feared would ultimately dampen their zeal.
J. M. Wallace‐Hadrill
- Published in print:
- 1983
- Published Online:
- November 2003
- ISBN:
- 9780198269069
- eISBN:
- 9780191600777
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198269064.003.0004
- Subject:
- Religion, Church History
An analysis is made of the attitude of the early Merovingians towards monasticism in Gaul, of what they did to further it, and of the nature of monasticism in these times. The topics discussed ...
More
An analysis is made of the attitude of the early Merovingians towards monasticism in Gaul, of what they did to further it, and of the nature of monasticism in these times. The topics discussed include the Rules for monks and nuns, the expectations of founders and benefactors, the reasons for adopting the religious life, and the influence of Columbanus (who came from Ireland) at the close of the 6th century. The flourishing of monastic life in this period owed most to Columbanus, but would also have been impossible without the active patronage of the Merovingian family, who founded and endowed many monasteries. Merovingians of the 7th century also encouraged monasticism in practical ways, establishing major foundations intended to make a major changes in north‐west Francia and launch a formidable missionary drive on the northern frontiers. Merovingian Frankish missionaries also penetrated and settled the Rhine area and east from it into Germany among Germanic people who were not Franks, and some of whom were pagan, and thence to Bavaria; and wherever monastic colonizers settled under royal or aristocratic patronage there were the beginnings of a new social stability.Less
An analysis is made of the attitude of the early Merovingians towards monasticism in Gaul, of what they did to further it, and of the nature of monasticism in these times. The topics discussed include the Rules for monks and nuns, the expectations of founders and benefactors, the reasons for adopting the religious life, and the influence of Columbanus (who came from Ireland) at the close of the 6th century. The flourishing of monastic life in this period owed most to Columbanus, but would also have been impossible without the active patronage of the Merovingian family, who founded and endowed many monasteries. Merovingians of the 7th century also encouraged monasticism in practical ways, establishing major foundations intended to make a major changes in north‐west Francia and launch a formidable missionary drive on the northern frontiers. Merovingian Frankish missionaries also penetrated and settled the Rhine area and east from it into Germany among Germanic people who were not Franks, and some of whom were pagan, and thence to Bavaria; and wherever monastic colonizers settled under royal or aristocratic patronage there were the beginnings of a new social stability.
Marc Flandreau
- Published in print:
- 2004
- Published Online:
- August 2004
- ISBN:
- 9780199257867
- eISBN:
- 9780191601279
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199257868.003.0006
- Subject:
- Economics and Finance, Economic History
Chapter 5 studies the rules of bimetallic game. It discusses the constraints and opportunities of bimetallic regimes for monetary authorities. It shows that, contrary to a widespread view, a ...
More
Chapter 5 studies the rules of bimetallic game. It discusses the constraints and opportunities of bimetallic regimes for monetary authorities. It shows that, contrary to a widespread view, a bimetallic system does not provide fundamentally different opportunities than a monometallic one, and thus places fairly tight constraints upon monetary authorities. In fact, it is during the years of bimetallism that a high degree of European monetary integration was first achieved.Less
Chapter 5 studies the rules of bimetallic game. It discusses the constraints and opportunities of bimetallic regimes for monetary authorities. It shows that, contrary to a widespread view, a bimetallic system does not provide fundamentally different opportunities than a monometallic one, and thus places fairly tight constraints upon monetary authorities. In fact, it is during the years of bimetallism that a high degree of European monetary integration was first achieved.
Richard L. Abel
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199760374
- eISBN:
- 9780199827077
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199760374.003.0006
- Subject:
- Law, Legal Profession and Ethics
The Rules of Professional Conduct unambiguously state that “while representing a client, a member shall not communicate directly or indirectly about the subject of the representation with a party the ...
More
The Rules of Professional Conduct unambiguously state that “while representing a client, a member shall not communicate directly or indirectly about the subject of the representation with a party the member knows to be represented by another lawyer in the matter, unless the member has the consent of the other lawyer”. The reasons are obvious. Lack of expertise is the very reason clients retain lawyers. This chapter presents a case illustrating the violation of this rule. The case involves José Orlando Lopez, who was arrested on September 26, 1989. Two months later he, Antonio Hernandez Escobedo, and Alfred Tarango Olivas were indicated by Assistant United States (US) Attorney John Lyons before Judge Fern M. Smith in the Northern District of California for distributing fifty kilos of cocaine and two kilos of heroin. Lopez initially retained James Allen Twitty, who sought bail for all three. Then Lopez replaced Twitty with Barry Tarlow, and Olivas (who played a minor role thereafter) retained Harold Rosenthal, leaving Twitty with Escobedo.Less
The Rules of Professional Conduct unambiguously state that “while representing a client, a member shall not communicate directly or indirectly about the subject of the representation with a party the member knows to be represented by another lawyer in the matter, unless the member has the consent of the other lawyer”. The reasons are obvious. Lack of expertise is the very reason clients retain lawyers. This chapter presents a case illustrating the violation of this rule. The case involves José Orlando Lopez, who was arrested on September 26, 1989. Two months later he, Antonio Hernandez Escobedo, and Alfred Tarango Olivas were indicated by Assistant United States (US) Attorney John Lyons before Judge Fern M. Smith in the Northern District of California for distributing fifty kilos of cocaine and two kilos of heroin. Lopez initially retained James Allen Twitty, who sought bail for all three. Then Lopez replaced Twitty with Barry Tarlow, and Olivas (who played a minor role thereafter) retained Harold Rosenthal, leaving Twitty with Escobedo.
Jeffery A. Jenkins and Charles Stewart III
- Published in print:
- 2012
- Published Online:
- October 2017
- ISBN:
- 9780691118123
- eISBN:
- 9781400845460
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691118123.003.0009
- Subject:
- Political Science, Political Theory
This chapter examines leadership selection after the Reed Rules and the persistence of the organizational cartel in the House of Representatives during the period 1891–2011. It begins by discussing ...
More
This chapter examines leadership selection after the Reed Rules and the persistence of the organizational cartel in the House of Representatives during the period 1891–2011. It begins by discussing factional divisions and further threats to the caucus organization before considering the progressive Republicans' 1910 revolt against Speaker Joseph G. Cannon as well as the Democrats' return to power and control of the House from the 62nd through 65th Congresses (1911–1919). It then analyzes the rift between progressive and conservative elements in the Republican Party that challenged the party monopoly over the House's makeup. Despite these problematic events and other issues, along with severe regional divisions within the majority Democratic Party, the chapter shows that the binding party caucus and organizational cartel survived and flourished through the present day.Less
This chapter examines leadership selection after the Reed Rules and the persistence of the organizational cartel in the House of Representatives during the period 1891–2011. It begins by discussing factional divisions and further threats to the caucus organization before considering the progressive Republicans' 1910 revolt against Speaker Joseph G. Cannon as well as the Democrats' return to power and control of the House from the 62nd through 65th Congresses (1911–1919). It then analyzes the rift between progressive and conservative elements in the Republican Party that challenged the party monopoly over the House's makeup. Despite these problematic events and other issues, along with severe regional divisions within the majority Democratic Party, the chapter shows that the binding party caucus and organizational cartel survived and flourished through the present day.
William L. Harper
- Published in print:
- 2011
- Published Online:
- May 2012
- ISBN:
- 9780199570409
- eISBN:
- 9780191728679
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199570409.003.0004
- Subject:
- Philosophy, History of Philosophy, Philosophy of Science
It reviews Newton’s argument for the claim that the moon is maintained in its orbit by an inverse-square force directed toward the earth. It introduces Newton’s moon-test argument for identifying the ...
More
It reviews Newton’s argument for the claim that the moon is maintained in its orbit by an inverse-square force directed toward the earth. It introduces Newton’s moon-test argument for identifying the force that maintains the moon in its orbit with terrestrial gravity. Newton shows that inverse-square adjusting the centripetal acceleration exhibited by the lunar orbit agrees with Huygens’ measurement of the strength of terrestrial gravity at the surface of the earth. This chapter includes a somewhat detailed account of Newton’s moon-test calculation, including his dubious precession correction. It discusses his first two Rules for reasoning in natural philosophy, and his two-body correction. It examines the informative moon-test argument presented in Newton’s scholium to proposition 4. It argues that the agreement between the moon-test measurements and the pendulum measurements of the strength of terrestrial gravity is an example of empirical success. It also reviews the lunar precession problem.Less
It reviews Newton’s argument for the claim that the moon is maintained in its orbit by an inverse-square force directed toward the earth. It introduces Newton’s moon-test argument for identifying the force that maintains the moon in its orbit with terrestrial gravity. Newton shows that inverse-square adjusting the centripetal acceleration exhibited by the lunar orbit agrees with Huygens’ measurement of the strength of terrestrial gravity at the surface of the earth. This chapter includes a somewhat detailed account of Newton’s moon-test calculation, including his dubious precession correction. It discusses his first two Rules for reasoning in natural philosophy, and his two-body correction. It examines the informative moon-test argument presented in Newton’s scholium to proposition 4. It argues that the agreement between the moon-test measurements and the pendulum measurements of the strength of terrestrial gravity is an example of empirical success. It also reviews the lunar precession problem.
Andrea Renda
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9780262029407
- eISBN:
- 9780262331166
- Item type:
- chapter
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262029407.003.0005
- Subject:
- Computer Science, Programming
This paper reviews the legal framework for data protection in the US and the EU and the attempts made in both jurisdictions to adapt the framework to the challenges posed by cloud computing and the ...
More
This paper reviews the legal framework for data protection in the US and the EU and the attempts made in both jurisdictions to adapt the framework to the challenges posed by cloud computing and the evolving IT ecosystem. The two legal systems have developed widely diverging approaches to the protection of privacy. On the one hand, the US relies on a patchwork of laws (including the Electronic Communications Privacy Act, the PATRIOT Act and the FISAA and many sectoral laws) and the enforcement activity of the Federal Trade Commission under Section 5 of the FTC Act. In the EU, privacy is considered as a fundamental right, and is protected through comprehensive, cross-sectoral legislation (the Data Protection Directive, currently being updated and transformed into a Regulation). The emergence of cloud computing poses challenges for both legal systems: what seems likely is that the US will keep under-protecting privacy in the name of efficient commercial transactions (with great responsibility placed on the FTC to monitor abuses of bargaining power and other deceptive/abusive practices); whereas in the EU cloud services might end up trapped into an over-formalistic legal framework, which leaves little room for trade-offs between privacy and welfare-enhancing customized service for data subjects. The paper discusses also the future of transatlantic data transfer, with the EU-US Safe Harbour and the Binding Corporate Rules currently being re-discussed in the aftermath of the “Datagate” scandal.Less
This paper reviews the legal framework for data protection in the US and the EU and the attempts made in both jurisdictions to adapt the framework to the challenges posed by cloud computing and the evolving IT ecosystem. The two legal systems have developed widely diverging approaches to the protection of privacy. On the one hand, the US relies on a patchwork of laws (including the Electronic Communications Privacy Act, the PATRIOT Act and the FISAA and many sectoral laws) and the enforcement activity of the Federal Trade Commission under Section 5 of the FTC Act. In the EU, privacy is considered as a fundamental right, and is protected through comprehensive, cross-sectoral legislation (the Data Protection Directive, currently being updated and transformed into a Regulation). The emergence of cloud computing poses challenges for both legal systems: what seems likely is that the US will keep under-protecting privacy in the name of efficient commercial transactions (with great responsibility placed on the FTC to monitor abuses of bargaining power and other deceptive/abusive practices); whereas in the EU cloud services might end up trapped into an over-formalistic legal framework, which leaves little room for trade-offs between privacy and welfare-enhancing customized service for data subjects. The paper discusses also the future of transatlantic data transfer, with the EU-US Safe Harbour and the Binding Corporate Rules currently being re-discussed in the aftermath of the “Datagate” scandal.
Walter F. Baber and Robert V. Bartlett
- Published in print:
- 2015
- Published Online:
- September 2015
- ISBN:
- 9780262028738
- eISBN:
- 9780262327046
- Item type:
- book
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262028738.001.0001
- Subject:
- Environmental Science, Environmental Studies
This book explores the practical and conceptual implications of the de facto necessity of consensus for development of international environmental law. Juristic democracy emphasizes the role of the ...
More
This book explores the practical and conceptual implications of the de facto necessity of consensus for development of international environmental law. Juristic democracy emphasizes the role of the citizen rather than the nation-state as the source of legitimacy in international environmental law. It would allow international law to be rooted in local knowledge and grounded in democratic deliberation and consensus. The aim is to construct a global jurisprudence based on collective will formation. Building on concepts presented in two previous books, Deliberative Environmental Politics and Global Democracy and Sustainable Jurisprudence, the authors examine in detail the challenges that consensus poses for a system of juristic democracy. Baber and Bartlett analyze the implications of deliberative consensus for rule-bounded behavior, for the accomplishment of basic governance tasks, and for diversity in a politically divided and culturally plural world. They assess social science findings about the potential of small-group citizen panels to contribute to rationalized consensus, drawing on the extensive research conducted on the use of juries in courts of law. Finally, they analyze the place of juristic democracy in a future “consensually federal” system for earth system governance.Less
This book explores the practical and conceptual implications of the de facto necessity of consensus for development of international environmental law. Juristic democracy emphasizes the role of the citizen rather than the nation-state as the source of legitimacy in international environmental law. It would allow international law to be rooted in local knowledge and grounded in democratic deliberation and consensus. The aim is to construct a global jurisprudence based on collective will formation. Building on concepts presented in two previous books, Deliberative Environmental Politics and Global Democracy and Sustainable Jurisprudence, the authors examine in detail the challenges that consensus poses for a system of juristic democracy. Baber and Bartlett analyze the implications of deliberative consensus for rule-bounded behavior, for the accomplishment of basic governance tasks, and for diversity in a politically divided and culturally plural world. They assess social science findings about the potential of small-group citizen panels to contribute to rationalized consensus, drawing on the extensive research conducted on the use of juries in courts of law. Finally, they analyze the place of juristic democracy in a future “consensually federal” system for earth system governance.
Hong-Lin Yu
- Published in print:
- 2011
- Published Online:
- September 2015
- ISBN:
- 9781845861070
- eISBN:
- 9781474406154
- Item type:
- book
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781845861070.001.0001
- Subject:
- Law, Company and Commercial Law
This book provides a practical guide to the Arbitration (Scotland) Act 2010 together with comparative international case studies. It provides a thorough analysis of the Arbitration (Scotland) Act ...
More
This book provides a practical guide to the Arbitration (Scotland) Act 2010 together with comparative international case studies. It provides a thorough analysis of the Arbitration (Scotland) Act 2010 (which provides a modern statutory framework for domestic and international arbitration in Scotland) and the most important current issues that are arising in the field of international commercial arbitration. It includes a number of highly relevant legal case studies that compare Scottish and international practice. These provide a practical insight into the various aspects of arbitration. It also includes a number of chapters on international practice. These cover UNCITRAL Model Law, UNCITRAL Arbitration Rules, institutional arbitration rules, and International Bar Association arbitration guidelines.Less
This book provides a practical guide to the Arbitration (Scotland) Act 2010 together with comparative international case studies. It provides a thorough analysis of the Arbitration (Scotland) Act 2010 (which provides a modern statutory framework for domestic and international arbitration in Scotland) and the most important current issues that are arising in the field of international commercial arbitration. It includes a number of highly relevant legal case studies that compare Scottish and international practice. These provide a practical insight into the various aspects of arbitration. It also includes a number of chapters on international practice. These cover UNCITRAL Model Law, UNCITRAL Arbitration Rules, institutional arbitration rules, and International Bar Association arbitration guidelines.
H. L. A. Hart
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199534777
- eISBN:
- 9780191720703
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199534777.003.0008
- Subject:
- Law, Philosophy of Law, Criminal Law and Criminology
This chapter discusses the changing conceptions about criminal responsibility in England. It focuses on changes towards the whole doctrine of the mental element in responsibility, which is considered ...
More
This chapter discusses the changing conceptions about criminal responsibility in England. It focuses on changes towards the whole doctrine of the mental element in responsibility, which is considered more important than any particular change in the detail of the doctrine of mens rea. It proposes an alternative scheme called the ‘moderate’ form of the new doctrine, where mens rea would continue to be a necessary condition of liability to be investigated and settled before conviction, except where it relates to mental abnormality. An accused person would no longer be able to adduce any form of mental abnormality as a bar to conviction. The question of his mental abnormality would be investigated only after conviction and would be primarily concerned with his present rather than his past mental state. His past mental state at the time of his crime would only be relevant where it provided ancillary evidence of the nature of his abnormality and indicated the appropriate treatment.Less
This chapter discusses the changing conceptions about criminal responsibility in England. It focuses on changes towards the whole doctrine of the mental element in responsibility, which is considered more important than any particular change in the detail of the doctrine of mens rea. It proposes an alternative scheme called the ‘moderate’ form of the new doctrine, where mens rea would continue to be a necessary condition of liability to be investigated and settled before conviction, except where it relates to mental abnormality. An accused person would no longer be able to adduce any form of mental abnormality as a bar to conviction. The question of his mental abnormality would be investigated only after conviction and would be primarily concerned with his present rather than his past mental state. His past mental state at the time of his crime would only be relevant where it provided ancillary evidence of the nature of his abnormality and indicated the appropriate treatment.
Barbara Owen, James Wells, and Joycelyn Pollock
- Published in print:
- 2017
- Published Online:
- September 2017
- ISBN:
- 9780520288713
- eISBN:
- 9780520963566
- Item type:
- book
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520288713.001.0001
- Subject:
- Sociology, Law, Crime and Deviance
Based on extensive mixed-methods data, this book examines gendered violence and conflict in women’s prisons. Conflict and violence in the prison are located in intersectional inequalities and ...
More
Based on extensive mixed-methods data, this book examines gendered violence and conflict in women’s prisons. Conflict and violence in the prison are located in intersectional inequalities and cumulative disadvantage, reflecting their pathways to prison. Women in prison share common characteristics, many mediated by structural, historical, and cumulative disadvantage. T pathways approach is expanded to include women’s experience within these structural clusters of intersectional inequalities. In their search for safety, women must negotiate these inequities through developing forms of prison capital. The history and philosophies underpinning women’s imprisonment, the gendered impact of prison and drug policy, and the variations in rates of imprisonment for differentially-situated women are also used to contextualizes the imprisonment of women. Prison conditions, aggravated by crowding, inadequate medical and mental health care and the lack of gender-informed operational practice, contribute to the gendered harm of imprisonment. A women’s search for safety is described through the lens of prison capital, forms of human, social and cultural capital women leverage to combat the gendered harm of imprisonment. Forms of capital combine with the intersectional inequality of imprisonment to condition the context for trouble and harm among women and with staff. The harm of women’s imprisonment can be located in human rights violations inside. The way forward is found in implementing international human rights standards in U. S. prisons, focusing on the promise of the Bangkok Rules.Less
Based on extensive mixed-methods data, this book examines gendered violence and conflict in women’s prisons. Conflict and violence in the prison are located in intersectional inequalities and cumulative disadvantage, reflecting their pathways to prison. Women in prison share common characteristics, many mediated by structural, historical, and cumulative disadvantage. T pathways approach is expanded to include women’s experience within these structural clusters of intersectional inequalities. In their search for safety, women must negotiate these inequities through developing forms of prison capital. The history and philosophies underpinning women’s imprisonment, the gendered impact of prison and drug policy, and the variations in rates of imprisonment for differentially-situated women are also used to contextualizes the imprisonment of women. Prison conditions, aggravated by crowding, inadequate medical and mental health care and the lack of gender-informed operational practice, contribute to the gendered harm of imprisonment. A women’s search for safety is described through the lens of prison capital, forms of human, social and cultural capital women leverage to combat the gendered harm of imprisonment. Forms of capital combine with the intersectional inequality of imprisonment to condition the context for trouble and harm among women and with staff. The harm of women’s imprisonment can be located in human rights violations inside. The way forward is found in implementing international human rights standards in U. S. prisons, focusing on the promise of the Bangkok Rules.
Wayne Sandholtz
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780195337235
- eISBN:
- 9780199868391
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195337235.003.0005
- Subject:
- Law, Public International Law
This chapter discusses destruction of cultural property during World War I, and the subsequent restitution debates and settlements. World War I triggered another important turn through the cycle of ...
More
This chapter discusses destruction of cultural property during World War I, and the subsequent restitution debates and settlements. World War I triggered another important turn through the cycle of norm change. The destruction by the Germans of cultural monuments in Belgium and northern France triggered intense debates about the meaning and application of the rules of war and the protection of cultural treasures. Governments and public opinion in Belgium, France, Britain, and the United States condemned the destruction of the library at Louvain and of Rheims cathedral as German violations of the rules of war. After the armistice, the peace agreements imposed on Germany explicit obligations to return artworks or replace those that had been destroyed. In the two decades following World War I, a series of initiatives sought to improve and strengthen the norms protecting cultural property during wartime: the draft Rules of Aerial Warfare (1923), the Roerich Pact (1935), and the IMO Draft Convention (1938).Less
This chapter discusses destruction of cultural property during World War I, and the subsequent restitution debates and settlements. World War I triggered another important turn through the cycle of norm change. The destruction by the Germans of cultural monuments in Belgium and northern France triggered intense debates about the meaning and application of the rules of war and the protection of cultural treasures. Governments and public opinion in Belgium, France, Britain, and the United States condemned the destruction of the library at Louvain and of Rheims cathedral as German violations of the rules of war. After the armistice, the peace agreements imposed on Germany explicit obligations to return artworks or replace those that had been destroyed. In the two decades following World War I, a series of initiatives sought to improve and strengthen the norms protecting cultural property during wartime: the draft Rules of Aerial Warfare (1923), the Roerich Pact (1935), and the IMO Draft Convention (1938).
