Eduard Feireisl
- Published in print:
- 2003
- Published Online:
- September 2007
- ISBN:
- 9780198528388
- eISBN:
- 9780191713590
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198528388.001.0001
- Subject:
- Mathematics, Applied Mathematics
The book presents and develops the most recent ideas and concepts of the mathematical theory of viscous, compressible, and heat conducting fluids. Two main objectives are pursued: (i) global ...
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The book presents and develops the most recent ideas and concepts of the mathematical theory of viscous, compressible, and heat conducting fluids. Two main objectives are pursued: (i) global existence theory within the framework of variational solutions for the full Navier-Stokes-Fourier system supplemented with large data, and (ii) optimal existence results for barotropic flows with respect to the available a priori estimates.Less
The book presents and develops the most recent ideas and concepts of the mathematical theory of viscous, compressible, and heat conducting fluids. Two main objectives are pursued: (i) global existence theory within the framework of variational solutions for the full Navier-Stokes-Fourier system supplemented with large data, and (ii) optimal existence results for barotropic flows with respect to the available a priori estimates.
Eric Rakowski
- Published in print:
- 1993
- Published Online:
- October 2011
- ISBN:
- 9780198240792
- eISBN:
- 9780191680274
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198240792.001.0001
- Subject:
- Philosophy, Political Philosophy
This book sets forth a novel theory of distributive justice premised on the fundamental moral equality of persons. The book is divided into three main parts: Part I explains a theory of justice, ...
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This book sets forth a novel theory of distributive justice premised on the fundamental moral equality of persons. The book is divided into three main parts: Part I explains a theory of justice, called “equality of fortune,” Part II outlines a theory of strict liability for tortious conduct, and Part III is concerned with problems unique to the allocation of life-saving resources.Less
This book sets forth a novel theory of distributive justice premised on the fundamental moral equality of persons. The book is divided into three main parts: Part I explains a theory of justice, called “equality of fortune,” Part II outlines a theory of strict liability for tortious conduct, and Part III is concerned with problems unique to the allocation of life-saving resources.
A. N. Prior
- Published in print:
- 1963
- Published Online:
- October 2011
- ISBN:
- 9780198241577
- eISBN:
- 9780191680380
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198241577.001.0001
- Subject:
- Philosophy, Logic/Philosophy of Mathematics, Moral Philosophy
This book discusses and aims to clarify the issue of describing conduct and character as ‘good’ or ‘bad’, or as ‘right’ or ‘wrong’. The book states that one of the main factors that have made this ...
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This book discusses and aims to clarify the issue of describing conduct and character as ‘good’ or ‘bad’, or as ‘right’ or ‘wrong’. The book states that one of the main factors that have made this issue obscure is the illusion of some anti-naturalists that purely logical considerations can settle it. It clearly defines the limitations of the discussions: it is not concerned with the ‘other things’ people use to define conduct and character. The book attempts to consider the issue from the purely logician point of view and suggests to the naturalists and anti-naturalists how their positions may be freed from logical faults. The book also introduces the ‘logic of ethics’, which is not a special kind or branch of logic, but rather an application of it.Less
This book discusses and aims to clarify the issue of describing conduct and character as ‘good’ or ‘bad’, or as ‘right’ or ‘wrong’. The book states that one of the main factors that have made this issue obscure is the illusion of some anti-naturalists that purely logical considerations can settle it. It clearly defines the limitations of the discussions: it is not concerned with the ‘other things’ people use to define conduct and character. The book attempts to consider the issue from the purely logician point of view and suggests to the naturalists and anti-naturalists how their positions may be freed from logical faults. The book also introduces the ‘logic of ethics’, which is not a special kind or branch of logic, but rather an application of it.
Nikolas Rose and Joelle M. Abi-Rached
- Published in print:
- 2013
- Published Online:
- October 2017
- ISBN:
- 9780691149608
- eISBN:
- 9781400846337
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691149608.003.0007
- Subject:
- Neuroscience, Development
This chapter examines the arguments that claim that human antisocial behavior—notably impulsivity, aggression, and related forms of criminal conduct—have neurobiological roots. While neurobiological ...
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This chapter examines the arguments that claim that human antisocial behavior—notably impulsivity, aggression, and related forms of criminal conduct—have neurobiological roots. While neurobiological evidence from genomics or functional brain imaging is likely to have limited traction in the criminal courtroom itself, a new diagram is nonetheless emerging in the criminal justice system as it encounters developments in the neurosciences. This does not entail a challenge to doctrines of free will or an exculpatory argument that “my brain made me do it,” as some have suggested. Rather it is developing around the themes of susceptibility, prediction, and precaution that have come to infuse many aspects of criminal justice systems as they have come to focus on questions of risk—risk assessment, risk management, and risk reduction.Less
This chapter examines the arguments that claim that human antisocial behavior—notably impulsivity, aggression, and related forms of criminal conduct—have neurobiological roots. While neurobiological evidence from genomics or functional brain imaging is likely to have limited traction in the criminal courtroom itself, a new diagram is nonetheless emerging in the criminal justice system as it encounters developments in the neurosciences. This does not entail a challenge to doctrines of free will or an exculpatory argument that “my brain made me do it,” as some have suggested. Rather it is developing around the themes of susceptibility, prediction, and precaution that have come to infuse many aspects of criminal justice systems as they have come to focus on questions of risk—risk assessment, risk management, and risk reduction.
Robert J. Flanagan
- Published in print:
- 2006
- Published Online:
- September 2006
- ISBN:
- 9780195306002
- eISBN:
- 9780199783564
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195306007.003.0006
- Subject:
- Economics and Finance, International
This chapter studies the effects of multinational companies on labor conditions around the world. The evidence shows that (1) the economic presence of multinationals in foreign countries is often ...
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This chapter studies the effects of multinational companies on labor conditions around the world. The evidence shows that (1) the economic presence of multinationals in foreign countries is often overstated, (2) multinationals pay higher wages than host-country companies in both industrialized and developing countries, and (3) when multinationals acquire host country businesses, they institute changes in production methods and human resource management practices that raise productivity sufficiently to support higher wages. The evidence also rejects the race-to-the-bottom view that poor labor conditions attract multinational companies. Most flows of foreign direct investment occur between advanced countries with high labor standards and are influenced by market size and potential investment risk rather than labor conditions. The chapter also examines and evaluates the efficacy of corporate codes of conduct for improving labor conditions.Less
This chapter studies the effects of multinational companies on labor conditions around the world. The evidence shows that (1) the economic presence of multinationals in foreign countries is often overstated, (2) multinationals pay higher wages than host-country companies in both industrialized and developing countries, and (3) when multinationals acquire host country businesses, they institute changes in production methods and human resource management practices that raise productivity sufficiently to support higher wages. The evidence also rejects the race-to-the-bottom view that poor labor conditions attract multinational companies. Most flows of foreign direct investment occur between advanced countries with high labor standards and are influenced by market size and potential investment risk rather than labor conditions. The chapter also examines and evaluates the efficacy of corporate codes of conduct for improving labor conditions.
Ann Nichols-Casebolt
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780195378108
- eISBN:
- 9780199932634
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195378108.001.0001
- Subject:
- Social Work, Research and Evaluation
Research Integrity and Responsible Conduct of Research is designed to assist social work researchers and other social scientists as they consider what it means to uphold the highest ...
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Research Integrity and Responsible Conduct of Research is designed to assist social work researchers and other social scientists as they consider what it means to uphold the highest ethical standards in their research. As the social work profession increasingly emphasizes scholarship and research, the education and training of faculty and students in the responsible conduct of research (RCR) becomes imperative. Research Integrity and Responsible Conduct of Research supports this imperative by providing practical considerations, recommendations and tools in the ethical and responsible practice of social work research. The topics in the book cover what have been identified by the U.S. Office of Research Integrity as the core instructional areas central to RCR. These core areas include: data acquisition, management, sharing and ownership; conflict of interest and commitment; subjects’ protection; research misconduct; publication practices and responsible authorship; mentor and mentee responsibilities; peer review; and collaborative science. A key feature of the book is its attention to identifying specific issues within each of the core areas that are particularly relevant for social work and social science researchers. For example, the chapter on collaborative science discusses issues related to community-based research, and the chapter on subjects’ protection discusses common IRB issues with social behavioral protocols such as doing research “on” students. Case studies designed to enhance critical thinking skills related to handling ethical dilemmas confronted by social scientists in the practice of research are also included. Drawing on research, curriculum models and identified best practices that have been primarily developed for biomedical researchers, the book presents practical strategies for educating and promoting RCR among social scientists.Less
Research Integrity and Responsible Conduct of Research is designed to assist social work researchers and other social scientists as they consider what it means to uphold the highest ethical standards in their research. As the social work profession increasingly emphasizes scholarship and research, the education and training of faculty and students in the responsible conduct of research (RCR) becomes imperative. Research Integrity and Responsible Conduct of Research supports this imperative by providing practical considerations, recommendations and tools in the ethical and responsible practice of social work research. The topics in the book cover what have been identified by the U.S. Office of Research Integrity as the core instructional areas central to RCR. These core areas include: data acquisition, management, sharing and ownership; conflict of interest and commitment; subjects’ protection; research misconduct; publication practices and responsible authorship; mentor and mentee responsibilities; peer review; and collaborative science. A key feature of the book is its attention to identifying specific issues within each of the core areas that are particularly relevant for social work and social science researchers. For example, the chapter on collaborative science discusses issues related to community-based research, and the chapter on subjects’ protection discusses common IRB issues with social behavioral protocols such as doing research “on” students. Case studies designed to enhance critical thinking skills related to handling ethical dilemmas confronted by social scientists in the practice of research are also included. Drawing on research, curriculum models and identified best practices that have been primarily developed for biomedical researchers, the book presents practical strategies for educating and promoting RCR among social scientists.
Dagmar Wujastyk
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199856268
- eISBN:
- 9780199950560
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199856268.001.0001
- Subject:
- Religion, Hinduism
When is it right for a doctor to lie to a patient? What is more important: a patient's health, or his dignity? When should a patient refuse to follow the doctor's orders? What is acceptable medical ...
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When is it right for a doctor to lie to a patient? What is more important: a patient's health, or his dignity? When should a patient refuse to follow the doctor's orders? What is acceptable medical risk? Whose fault is it if a patient dies under a doctor's care? Who cares for the patient? And who pays the bill? About two thousand years ago, physicians in ancient India could find answers to these questions in the then new, and now classic ayurvedic textbooks. Held in great respect, and used for ayurvedic training even today, the early ayurvedic treatises offer many guidelines on good medical practice: They define what made a physician a good physician, or a patient a good patient. They describe the formal procedures of medical education and lay out the rules for subsequent practice. They determine the duties or obligations doctors and patients had to each other, providing a catalogue of rules of professional conduct that physicians were bound to, including guidelines on appropriate interactions both with patients as well as with colleagues. Translating and discussing the original Sanskrit texts of the core ayurvedic treatises, the book offers a survey and analysis of the ayurvedic moral discourses on professional conduct in a medical setting and explores in what relationship the ethical tenets found in the ayurvedic works stand to those from other broadly contemporaneous South Asian sources.Less
When is it right for a doctor to lie to a patient? What is more important: a patient's health, or his dignity? When should a patient refuse to follow the doctor's orders? What is acceptable medical risk? Whose fault is it if a patient dies under a doctor's care? Who cares for the patient? And who pays the bill? About two thousand years ago, physicians in ancient India could find answers to these questions in the then new, and now classic ayurvedic textbooks. Held in great respect, and used for ayurvedic training even today, the early ayurvedic treatises offer many guidelines on good medical practice: They define what made a physician a good physician, or a patient a good patient. They describe the formal procedures of medical education and lay out the rules for subsequent practice. They determine the duties or obligations doctors and patients had to each other, providing a catalogue of rules of professional conduct that physicians were bound to, including guidelines on appropriate interactions both with patients as well as with colleagues. Translating and discussing the original Sanskrit texts of the core ayurvedic treatises, the book offers a survey and analysis of the ayurvedic moral discourses on professional conduct in a medical setting and explores in what relationship the ethical tenets found in the ayurvedic works stand to those from other broadly contemporaneous South Asian sources.
R. A. W. Rhodes, John Wanna, and Patrick Weller
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199563494
- eISBN:
- 9780191722721
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199563494.003.0005
- Subject:
- Political Science, Comparative Politics, UK Politics
This chapter examines how elite political actors are held to account. It examines collective responsibility, individual ministerial responsibility, and their personal accountability for actions not ...
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This chapter examines how elite political actors are held to account. It examines collective responsibility, individual ministerial responsibility, and their personal accountability for actions not directly related to their duties as ministers. Governments confronted the dilemmas posed by the arrival of ‘responsible party government’. The constitutional conventions creaked under the impact of party self-interest. The shared responses to improvise to meet whatever political exigencies confronted the government. So, notions of cabinet solidarity were relaxed to accommodate dissent, ministerial resignations became prime ministerial tactical calculations of political dispensability, and prime ministers found other ways to renew their ministries to ensure turnover. However, such improvization prompted outrage, and calls for a return to responsible government. So, governments sought refuge in new codes. Today, we still operate with ‘heroic’ notions of ministers, yet they are embedded in a web of accountabilities, constantly negotiating their way through overlapping and multiple demands.Less
This chapter examines how elite political actors are held to account. It examines collective responsibility, individual ministerial responsibility, and their personal accountability for actions not directly related to their duties as ministers. Governments confronted the dilemmas posed by the arrival of ‘responsible party government’. The constitutional conventions creaked under the impact of party self-interest. The shared responses to improvise to meet whatever political exigencies confronted the government. So, notions of cabinet solidarity were relaxed to accommodate dissent, ministerial resignations became prime ministerial tactical calculations of political dispensability, and prime ministers found other ways to renew their ministries to ensure turnover. However, such improvization prompted outrage, and calls for a return to responsible government. So, governments sought refuge in new codes. Today, we still operate with ‘heroic’ notions of ministers, yet they are embedded in a web of accountabilities, constantly negotiating their way through overlapping and multiple demands.
David Albert Jones
- Published in print:
- 2007
- Published Online:
- September 2007
- ISBN:
- 9780199213009
- eISBN:
- 9780191707179
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199213009.003.0010
- Subject:
- Religion, Church History
This chapter investigates the evidence for the oversight and supervision of the clergy. It examines the processes of visitations by bishops and archdeacons, and the use of rural deans in monitoring ...
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This chapter investigates the evidence for the oversight and supervision of the clergy. It examines the processes of visitations by bishops and archdeacons, and the use of rural deans in monitoring the conduct and activities of parish clergy. It looks at the evidence for clerical societies and deanery meetings of clergy which were encouraged by bishops, especially in the early 18th and early 19th centuries. The process for making and investigating complaints against clergy is examined. The procedures used by bishops for disciplining clergy, and the levels of expectation by parishioners and bishops are considered.Less
This chapter investigates the evidence for the oversight and supervision of the clergy. It examines the processes of visitations by bishops and archdeacons, and the use of rural deans in monitoring the conduct and activities of parish clergy. It looks at the evidence for clerical societies and deanery meetings of clergy which were encouraged by bishops, especially in the early 18th and early 19th centuries. The process for making and investigating complaints against clergy is examined. The procedures used by bishops for disciplining clergy, and the levels of expectation by parishioners and bishops are considered.
Clark Ian
- Published in print:
- 1988
- Published Online:
- October 2011
- ISBN:
- 9780198273257
- eISBN:
- 9780191684012
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198273257.001.0001
- Subject:
- Political Science, International Relations and Politics
What is war, and how should it be waged? Are there restraints on its conduct? What can philosophers contribute to the study of warfare? It might appear to some that the practical activity of the ...
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What is war, and how should it be waged? Are there restraints on its conduct? What can philosophers contribute to the study of warfare? It might appear to some that the practical activity of the battlefield is a universe away from the sedate reflections of the philosopher, but this book argues that there is an important relationship between the concept of war and notions about its proper conduct, and that the practice of war requires a sound philosophical understanding of its nature. The author begins by discussing two traditional doctrines: the just war and the limited war. The first specifies the legitimate ends and means of warfare, viewed in essentially moral terms. The second adopts a more explicitly political view, asserting a need for the means to be proportionate to the objectives of war. Fresh insight is offered into the contrasts and comparisons between these two traditions. An exploration follows of the applicability of such ideas to issues in contemporary warfare: war crimes, choice of targets, restrictions on weapons, guerrilla warfare, and the particular problems associated with nuclear strategy and deterrence. What emerges is a synthesis of philosophy, history of warfare, political theory, and contemporary strategy, which describes how the ideas that are central to the nature of war have developed in the context of changing social, political, and technological environments, and proposes a meeting ground for the integration of the philosophy and practice of war.Less
What is war, and how should it be waged? Are there restraints on its conduct? What can philosophers contribute to the study of warfare? It might appear to some that the practical activity of the battlefield is a universe away from the sedate reflections of the philosopher, but this book argues that there is an important relationship between the concept of war and notions about its proper conduct, and that the practice of war requires a sound philosophical understanding of its nature. The author begins by discussing two traditional doctrines: the just war and the limited war. The first specifies the legitimate ends and means of warfare, viewed in essentially moral terms. The second adopts a more explicitly political view, asserting a need for the means to be proportionate to the objectives of war. Fresh insight is offered into the contrasts and comparisons between these two traditions. An exploration follows of the applicability of such ideas to issues in contemporary warfare: war crimes, choice of targets, restrictions on weapons, guerrilla warfare, and the particular problems associated with nuclear strategy and deterrence. What emerges is a synthesis of philosophy, history of warfare, political theory, and contemporary strategy, which describes how the ideas that are central to the nature of war have developed in the context of changing social, political, and technological environments, and proposes a meeting ground for the integration of the philosophy and practice of war.
Roy C. Smith and Ingo Walter
- Published in print:
- 2006
- Published Online:
- September 2006
- ISBN:
- 9780195171679
- eISBN:
- 9780199783618
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195171675.003.0004
- Subject:
- Economics and Finance, Microeconomics
The interests of the corporation are entrusted to a board of directors, who are the elected representatives of stockholders (the members of the corporation), who in turn appoint senior management who ...
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The interests of the corporation are entrusted to a board of directors, who are the elected representatives of stockholders (the members of the corporation), who in turn appoint senior management who direct the business of the firm. There is no US federal corporation law applicable to private-sector corporations, although there are a small number of special-purpose federally chartered corporations. The federal government does, however, seek to regulate and protect “interstate” commerce in a variety of ways — particularly through extensive regulation of the capital markets — and these affect state-created corporations significantly.Less
The interests of the corporation are entrusted to a board of directors, who are the elected representatives of stockholders (the members of the corporation), who in turn appoint senior management who direct the business of the firm. There is no US federal corporation law applicable to private-sector corporations, although there are a small number of special-purpose federally chartered corporations. The federal government does, however, seek to regulate and protect “interstate” commerce in a variety of ways — particularly through extensive regulation of the capital markets — and these affect state-created corporations significantly.
William Bain
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780199260263
- eISBN:
- 9780191600975
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199260265.003.0001
- Subject:
- Political Science, International Relations and Politics
Begins by giving an outline of the idea of trusteeship as presented by P. H. Kerr, and then as viewed against a background of the opposite idea—that of liberty, as considered by J. S. Mill. It states ...
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Begins by giving an outline of the idea of trusteeship as presented by P. H. Kerr, and then as viewed against a background of the opposite idea—that of liberty, as considered by J. S. Mill. It states the purpose of the book is to interrogate the character of trusteeship as an idea of international society, to investigate the assumptions, claims, and justifications that render it intelligible as a recognized and settled mode of human conduct in international life. It contends that the character of trusteeship is discernible in full relief at the intersection of two dispositions of human conduct: the good of assisting persons in need, and the good of respecting human autonomy. The first part of the chapter is a general discussion of the idea of trusteeship in contemporary international society, and it ends by commenting that, since the 11 September attacks, there is very little about the Bush administration's claims that would be out of place in the age of empire—an age in which trusteeship was the most obvious outward manifestation of a similarly righteous mission to propagate the virtue of civilization and to eradicate its enemies. The remaining three sections of the chapter discuss the idiom of Oakeshottian conversation in which the book is written, the international society/English School theoretical tradition in which the book is situated, and the character of trusteeship, which is intelligible in a particular relation of virtue, inequality, and tutelage.Less
Begins by giving an outline of the idea of trusteeship as presented by P. H. Kerr, and then as viewed against a background of the opposite idea—that of liberty, as considered by J. S. Mill. It states the purpose of the book is to interrogate the character of trusteeship as an idea of international society, to investigate the assumptions, claims, and justifications that render it intelligible as a recognized and settled mode of human conduct in international life. It contends that the character of trusteeship is discernible in full relief at the intersection of two dispositions of human conduct: the good of assisting persons in need, and the good of respecting human autonomy. The first part of the chapter is a general discussion of the idea of trusteeship in contemporary international society, and it ends by commenting that, since the 11 September attacks, there is very little about the Bush administration's claims that would be out of place in the age of empire—an age in which trusteeship was the most obvious outward manifestation of a similarly righteous mission to propagate the virtue of civilization and to eradicate its enemies. The remaining three sections of the chapter discuss the idiom of Oakeshottian conversation in which the book is written, the international society/English School theoretical tradition in which the book is situated, and the character of trusteeship, which is intelligible in a particular relation of virtue, inequality, and tutelage.
R.A. Duff, Lindsay Farmer, S.E. Marshall, Massimo Renzo, and Victor Tadros (eds)
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199644315
- eISBN:
- 9780191732249
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199644315.001.0001
- Subject:
- Law, Criminal Law and Criminology, Philosophy of Law
This book is part of a series arising from an interdisciplinary investigation into the issue of criminalization, focussing on the principles and goals that should guide decisions about what kinds of ...
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This book is part of a series arising from an interdisciplinary investigation into the issue of criminalization, focussing on the principles and goals that should guide decisions about what kinds of conduct are to be criminalized, and the forms that criminalization should take. This is the second volume in the series and it concerns itself with the structures of criminal law in three different senses. The first examines the internal structure of the criminal law itself and the questions posed by familiar distinctions between which offences are typically analysed. These questions of classification include discussion of the growing range of crimes and the problems posed by this broadening of definition. Should traditional ideas and conceptions of the criminal law be reshaped in light of recent developments or should these developments be criticized and refuted? Structures of criminal law also refer to the place of the criminal law within the larger structure of the law. Here, the book examines the relationships with and between the criminal law and other aspects of law, particularly private law and public law. It also looks at how the criminal law is made, and by whom. Finally, the third sense of structure is outlined — the relationships between legal structures and social and political structures. What place does the criminal law have within the existing political and social landscapes? What are the influences, both political and social, upon the criminal law, and should they be allowed to influence the law in this fashion? What is its proper role?Less
This book is part of a series arising from an interdisciplinary investigation into the issue of criminalization, focussing on the principles and goals that should guide decisions about what kinds of conduct are to be criminalized, and the forms that criminalization should take. This is the second volume in the series and it concerns itself with the structures of criminal law in three different senses. The first examines the internal structure of the criminal law itself and the questions posed by familiar distinctions between which offences are typically analysed. These questions of classification include discussion of the growing range of crimes and the problems posed by this broadening of definition. Should traditional ideas and conceptions of the criminal law be reshaped in light of recent developments or should these developments be criticized and refuted? Structures of criminal law also refer to the place of the criminal law within the larger structure of the law. Here, the book examines the relationships with and between the criminal law and other aspects of law, particularly private law and public law. It also looks at how the criminal law is made, and by whom. Finally, the third sense of structure is outlined — the relationships between legal structures and social and political structures. What place does the criminal law have within the existing political and social landscapes? What are the influences, both political and social, upon the criminal law, and should they be allowed to influence the law in this fashion? What is its proper role?
Michael Hirst
- Published in print:
- 2003
- Published Online:
- January 2010
- ISBN:
- 9780199245390
- eISBN:
- 9780191715013
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199245390.001.0001
- Subject:
- Law, Criminal Law and Criminology
In the modern world, it is increasingly difficult for criminal law to be applied on a narrow territorial basis. This is especially apparent in the context of international fraud, drug smuggling, ...
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In the modern world, it is increasingly difficult for criminal law to be applied on a narrow territorial basis. This is especially apparent in the context of international fraud, drug smuggling, Internet crime, and international terrorism. Against that background, this important new work examines some fundamental, but hitherto neglected, issues of domestic criminal law. Where, and to whom, does that law apply? When, in particular, can national law properly concern itself with conduct that takes place wholly or partly abroad? Should it primarily be concerned with delinquent conduct, or with the consequences of that conduct, which may take effect in a different part of the world? On what basis can a person who is not a UK national be regarded as offending against the law if he is not within the territories governed by that law? What is the position under international law? And how are the precise boundaries (especially the adjacent maritime boundaries) of a nation's criminal law defined? This book examines the territorial and extraterritorial application of the criminal law, identifying many defects, lacunae, and historical accidents; and considers possible ways in which some at least of the problems that beset these areas of law might be alleviated.Less
In the modern world, it is increasingly difficult for criminal law to be applied on a narrow territorial basis. This is especially apparent in the context of international fraud, drug smuggling, Internet crime, and international terrorism. Against that background, this important new work examines some fundamental, but hitherto neglected, issues of domestic criminal law. Where, and to whom, does that law apply? When, in particular, can national law properly concern itself with conduct that takes place wholly or partly abroad? Should it primarily be concerned with delinquent conduct, or with the consequences of that conduct, which may take effect in a different part of the world? On what basis can a person who is not a UK national be regarded as offending against the law if he is not within the territories governed by that law? What is the position under international law? And how are the precise boundaries (especially the adjacent maritime boundaries) of a nation's criminal law defined? This book examines the territorial and extraterritorial application of the criminal law, identifying many defects, lacunae, and historical accidents; and considers possible ways in which some at least of the problems that beset these areas of law might be alleviated.
Ian Clark
- Published in print:
- 2007
- Published Online:
- January 2008
- ISBN:
- 9780199219193
- eISBN:
- 9780191717734
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199219193.003.0002
- Subject:
- Political Science, International Relations and Politics
This chapter outlines the approach to legitimacy deployed throughout the subsequent historical and theoretical investigations. At its core lies the need to vindicate its concentration upon the study ...
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This chapter outlines the approach to legitimacy deployed throughout the subsequent historical and theoretical investigations. At its core lies the need to vindicate its concentration upon the study of legitimacy in international society. Topics discussed include legitimacy as international history, legitimacy and state conduct, legitimacy and stability, legitimacy in international society, and legitimacy as practice.Less
This chapter outlines the approach to legitimacy deployed throughout the subsequent historical and theoretical investigations. At its core lies the need to vindicate its concentration upon the study of legitimacy in international society. Topics discussed include legitimacy as international history, legitimacy and state conduct, legitimacy and stability, legitimacy in international society, and legitimacy as practice.
David Tajgman
- Published in print:
- 2011
- Published Online:
- January 2013
- ISBN:
- 9780197264911
- eISBN:
- 9780191754098
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197264911.003.0012
- Subject:
- Economics and Finance, Development, Growth, and Environmental
The International Labour Organisation's 1998 Declaration on Fundamental Principles and Rights at Work prioritised four core labour standards' principles and led to a burst of new ratifications of the ...
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The International Labour Organisation's 1998 Declaration on Fundamental Principles and Rights at Work prioritised four core labour standards' principles and led to a burst of new ratifications of the international treaties that are the subject of those principles. Ten years on there are important identified gaps in state implementation of the ratified Conventions that are the subject of the four principles. These gaps leave important holes in public policy and legislation. In a number of important substantive areas, these gaps have the effect of leaving it to private actors to figure out what would amount to fulfilling the norms of fundamental labour principle inspired codes of conduct. Inescapably left on their own to figure out approaches, corporate social responsibility (CSR)-respecting enterprises are subject to criticism levelled on the basis of interpretations of these principles given by civil society organisations and labour rights' campaigners. This chapter details this situation. The first part provides the necessary background information. The second part gives concrete examples of how this governance gap raises challenges to implementing CSR initiatives. The third part suggests that, considering the arguable origins of CSR in neo-liberal deregulatory fervour, social dialogue and reform by non-compliant state actors is the only sustainable solution.Less
The International Labour Organisation's 1998 Declaration on Fundamental Principles and Rights at Work prioritised four core labour standards' principles and led to a burst of new ratifications of the international treaties that are the subject of those principles. Ten years on there are important identified gaps in state implementation of the ratified Conventions that are the subject of the four principles. These gaps leave important holes in public policy and legislation. In a number of important substantive areas, these gaps have the effect of leaving it to private actors to figure out what would amount to fulfilling the norms of fundamental labour principle inspired codes of conduct. Inescapably left on their own to figure out approaches, corporate social responsibility (CSR)-respecting enterprises are subject to criticism levelled on the basis of interpretations of these principles given by civil society organisations and labour rights' campaigners. This chapter details this situation. The first part provides the necessary background information. The second part gives concrete examples of how this governance gap raises challenges to implementing CSR initiatives. The third part suggests that, considering the arguable origins of CSR in neo-liberal deregulatory fervour, social dialogue and reform by non-compliant state actors is the only sustainable solution.
Adil E. Shamoo and David B. Resnik
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780195368246
- eISBN:
- 9780199867615
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195368246.003.0016
- Subject:
- Biology, Disease Ecology / Epidemiology, Biochemistry / Molecular Biology
This final chapter of the book recommends some steps that researchers, institutional officials, government agencies, and scientific organizations can take to promote ethical conduct in scientific ...
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This final chapter of the book recommends some steps that researchers, institutional officials, government agencies, and scientific organizations can take to promote ethical conduct in scientific research, such as ethical leadership, education and training in responsible conduct of research, policy development, compliance activities, and international cooperation.Less
This final chapter of the book recommends some steps that researchers, institutional officials, government agencies, and scientific organizations can take to promote ethical conduct in scientific research, such as ethical leadership, education and training in responsible conduct of research, policy development, compliance activities, and international cooperation.
Steven C. Salop
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195372823
- eISBN:
- 9780199871773
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195372823.003.0011
- Subject:
- Economics and Finance, Behavioural Economics
This chapter presents two papers that take issue with Chicago School thinking at the most basic levels, rejecting the ideas that vertical arrangements rarely if ever can harm consumers, exclusionary ...
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This chapter presents two papers that take issue with Chicago School thinking at the most basic levels, rejecting the ideas that vertical arrangements rarely if ever can harm consumers, exclusionary vertical conduct is either benign or procompetitive, and that predatory pricing (pricing below some appropriate level of cost) “is rarely attempted and even more rarely succeeds.” The first paper also rejects the idea that vertical arrangements can almost never hurt consumers or competition. The second paper focuses on case law concerning vertical arrangements and exclusive dealing law.Less
This chapter presents two papers that take issue with Chicago School thinking at the most basic levels, rejecting the ideas that vertical arrangements rarely if ever can harm consumers, exclusionary vertical conduct is either benign or procompetitive, and that predatory pricing (pricing below some appropriate level of cost) “is rarely attempted and even more rarely succeeds.” The first paper also rejects the idea that vertical arrangements can almost never hurt consumers or competition. The second paper focuses on case law concerning vertical arrangements and exclusive dealing law.
William Lucy
- Published in print:
- 2006
- Published Online:
- January 2010
- ISBN:
- 9780198700685
- eISBN:
- 9780191706745
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198700685.001.0001
- Subject:
- Law, Philosophy of Law
On what basis does tort law hold us responsible to those who suffer as a result of our carelessness? Why, when we breach our contracts, should we make good the losses of those with whom we ...
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On what basis does tort law hold us responsible to those who suffer as a result of our carelessness? Why, when we breach our contracts, should we make good the losses of those with whom we contracted? In what sense are our torts and our breaches of contract ‘wrongs’? These two branches of private law have for centuries provided philosophers and jurists with grounds for puzzlement. This book provides an outline of, and intervention in, contemporary jurisprudential debates about the nature and foundation of liability in private law. After outlining the realm of the philosophy of private law, the book divides into two. Part I examines the various components of liability responsibility in private law, including the notions of basic responsibility, conduct, causation, and wrongfulness. Part II considers arguments purporting to show that private law does and should embody a conception of either distributive or corrective justice or some combination of the two. Throughout the book a number of distinctions — between conceptual and normative argument, between jurisprudential ‘theory’ and private law ‘practice’, between legal obligation and moral obligation — are analyzed.Less
On what basis does tort law hold us responsible to those who suffer as a result of our carelessness? Why, when we breach our contracts, should we make good the losses of those with whom we contracted? In what sense are our torts and our breaches of contract ‘wrongs’? These two branches of private law have for centuries provided philosophers and jurists with grounds for puzzlement. This book provides an outline of, and intervention in, contemporary jurisprudential debates about the nature and foundation of liability in private law. After outlining the realm of the philosophy of private law, the book divides into two. Part I examines the various components of liability responsibility in private law, including the notions of basic responsibility, conduct, causation, and wrongfulness. Part II considers arguments purporting to show that private law does and should embody a conception of either distributive or corrective justice or some combination of the two. Throughout the book a number of distinctions — between conceptual and normative argument, between jurisprudential ‘theory’ and private law ‘practice’, between legal obligation and moral obligation — are analyzed.
Stephen D. Cohen
- Published in print:
- 2007
- Published Online:
- May 2007
- ISBN:
- 9780195179354
- eISBN:
- 9780199783779
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195179354.003.0012
- Subject:
- Economics and Finance, International
This chapter provides yet another eclectic analysis, this time of the still-irreconcilable controversy surrounding the “appropriate” kinds and extent of governmental regulation of MNCs as entities ...
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This chapter provides yet another eclectic analysis, this time of the still-irreconcilable controversy surrounding the “appropriate” kinds and extent of governmental regulation of MNCs as entities and FDI as process. The initial section explains why so little progress has been made in establishing meaningful international rules covering these international business phenomena. Next is an abbreviated survey of the major bilateral agreements and voluntary codes of conduct that seek to regulate FDI-related activities to serve the common good. The conflicting attitudes towards the appropriate kinds and extent of multilateral regulations are explained in depth by examining two major loci of contention: the would-be Multilateral Agreement on Investment, and the existing Chapter 11 of the North American Free Trade Agreement (NAFTA). The increasing significance of activist non-government organizations as unofficial regulators of MNC behavior is examined in the concluding section.Less
This chapter provides yet another eclectic analysis, this time of the still-irreconcilable controversy surrounding the “appropriate” kinds and extent of governmental regulation of MNCs as entities and FDI as process. The initial section explains why so little progress has been made in establishing meaningful international rules covering these international business phenomena. Next is an abbreviated survey of the major bilateral agreements and voluntary codes of conduct that seek to regulate FDI-related activities to serve the common good. The conflicting attitudes towards the appropriate kinds and extent of multilateral regulations are explained in depth by examining two major loci of contention: the would-be Multilateral Agreement on Investment, and the existing Chapter 11 of the North American Free Trade Agreement (NAFTA). The increasing significance of activist non-government organizations as unofficial regulators of MNC behavior is examined in the concluding section.
