Frank Lovett
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199579419
- eISBN:
- 9780191722837
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199579419.001.0001
- Subject:
- Political Science, Political Theory
In all societies, past and present, many persons and groups have been subject to domination. Properly understood, domination is a great evil, the suffering of which ought to be minimized as far as ...
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In all societies, past and present, many persons and groups have been subject to domination. Properly understood, domination is a great evil, the suffering of which ought to be minimized as far as possible. Surprisingly, however, political and social theorists have failed to provide a detailed analysis of the concept of domination in general. This study aims to redress this lacuna. It argues first that domination should be understood as a condition experienced by persons or groups to the extent that they are dependent on a social relationship in which some other person or group wields arbitrary power over them; this is termed the “arbitrary power conception” of domination. Second, it argues that we should regard it as wrong to perpetrate or permit unnecessary domination and, thus, that as a matter of justice the political and social institutions and practices of any society should be organized so as to minimize avoidable domination; this is termed “justice as minimizing domination (JMD),” a conception of social justice that connects with more familiar civic republican accounts of freedom as nondomination. In developing these arguments, this study employs a variety of methodological techniques — including conceptual analysis, formal modeling, social theory, and moral philosophy; existing accounts of dependency, power, social convention, and so on are clarified, expanded, or revised along the way. While of special interest to contemporary civic republicans, this study should appeal to a broad audience with diverse methodological and substantive interests.Less
In all societies, past and present, many persons and groups have been subject to domination. Properly understood, domination is a great evil, the suffering of which ought to be minimized as far as possible. Surprisingly, however, political and social theorists have failed to provide a detailed analysis of the concept of domination in general. This study aims to redress this lacuna. It argues first that domination should be understood as a condition experienced by persons or groups to the extent that they are dependent on a social relationship in which some other person or group wields arbitrary power over them; this is termed the “arbitrary power conception” of domination. Second, it argues that we should regard it as wrong to perpetrate or permit unnecessary domination and, thus, that as a matter of justice the political and social institutions and practices of any society should be organized so as to minimize avoidable domination; this is termed “justice as minimizing domination (JMD),” a conception of social justice that connects with more familiar civic republican accounts of freedom as nondomination. In developing these arguments, this study employs a variety of methodological techniques — including conceptual analysis, formal modeling, social theory, and moral philosophy; existing accounts of dependency, power, social convention, and so on are clarified, expanded, or revised along the way. While of special interest to contemporary civic republicans, this study should appeal to a broad audience with diverse methodological and substantive interests.
Ian Clark
- Published in print:
- 2007
- Published Online:
- May 2007
- ISBN:
- 9780199297009
- eISBN:
- 9780191711428
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199297009.003.0009
- Subject:
- Political Science, International Relations and Politics
This chapter locates the discussion in the context of the theoretical literature on international norms, particularly that by Martha Finnemore and Katherine Sikkink. Much of this literature is ...
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This chapter locates the discussion in the context of the theoretical literature on international norms, particularly that by Martha Finnemore and Katherine Sikkink. Much of this literature is interested in norm cycles, and the means by which norms come to be disseminated internationally. Building on this work, the chapter argues that the idea of dissemination does not quite capture what in fact have been a series of strategic negotiations between international and world society, often coming during the major peace settlements at the end of wars. Historically, this has often also arisen out of a coalition of interest between powerful state actors, and civil society groups. It is suggested that the framework of negotiation between international and world society allows us to understand this process in a particular way. It also demonstrates how the absorption of norms from world society into international society has complicated the latter's practices of consensus. It opens up major new issues about how consensus is to be developed within world society about changing principles of international legitimacy. These issues are explored in the context of the WTO and G7/8, and illustrated by the Ottawa Convention on Landmines and the formation of the International Criminal Court.Less
This chapter locates the discussion in the context of the theoretical literature on international norms, particularly that by Martha Finnemore and Katherine Sikkink. Much of this literature is interested in norm cycles, and the means by which norms come to be disseminated internationally. Building on this work, the chapter argues that the idea of dissemination does not quite capture what in fact have been a series of strategic negotiations between international and world society, often coming during the major peace settlements at the end of wars. Historically, this has often also arisen out of a coalition of interest between powerful state actors, and civil society groups. It is suggested that the framework of negotiation between international and world society allows us to understand this process in a particular way. It also demonstrates how the absorption of norms from world society into international society has complicated the latter's practices of consensus. It opens up major new issues about how consensus is to be developed within world society about changing principles of international legitimacy. These issues are explored in the context of the WTO and G7/8, and illustrated by the Ottawa Convention on Landmines and the formation of the International Criminal Court.
Martin Holland
- Published in print:
- 2000
- Published Online:
- November 2003
- ISBN:
- 9780198297574
- eISBN:
- 9780191598982
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198297572.003.0019
- Subject:
- Political Science, European Union
This chapter examines the reform of the Lome Convention which dominated European development policy in the late 1990s. The case of Lome illustrates the inflated expectations of the EU and ACP ...
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This chapter examines the reform of the Lome Convention which dominated European development policy in the late 1990s. The case of Lome illustrates the inflated expectations of the EU and ACP (African, Caribbean, and Pacific states), and the inadequate capacity to deliver policy objectives. The reform process can only be understood within the broader context of the EU’s attempt to establish a more effective and coherent international European presence.Less
This chapter examines the reform of the Lome Convention which dominated European development policy in the late 1990s. The case of Lome illustrates the inflated expectations of the EU and ACP (African, Caribbean, and Pacific states), and the inadequate capacity to deliver policy objectives. The reform process can only be understood within the broader context of the EU’s attempt to establish a more effective and coherent international European presence.
Susan C. Mapp
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780195339710
- eISBN:
- 9780199863686
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195339710.001.0001
- Subject:
- Social Work, Children and Families
Across the world, children are the most vulnerable population. The threats to them may vary, but wherever one looks, children are endangered and exploited. Using the Convention on the Rights of the ...
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Across the world, children are the most vulnerable population. The threats to them may vary, but wherever one looks, children are endangered and exploited. Using the Convention on the Rights of the Child as a base, threats to child well-being globally are examined, in countries both in the Global North and the Global South. The history of the Convention is examined, together with evolving understanding of childhood in different cultures. Different forms of child labor are discussed, including street children, child trafficking and child soldiers. How war affects children who are not directly involved in combat is examined in a separate chapter. The issues of child maltreatment and adoption are discussed along the Hague Convention and child trafficking for the purposes of adoption. Educational issues are explored in countries around the world including the growing movement towards Universal Primary Education (UPE) as well as high dropout rates in the United States. The final content chapter discusses how many of these issues, together with others such as Female Genital Cutting (FGC) and fistulas, disproportionately affect girls. The book closes with a summary chapter underlining the importance of addressing these issues to allow children to achieve their adult potential.Less
Across the world, children are the most vulnerable population. The threats to them may vary, but wherever one looks, children are endangered and exploited. Using the Convention on the Rights of the Child as a base, threats to child well-being globally are examined, in countries both in the Global North and the Global South. The history of the Convention is examined, together with evolving understanding of childhood in different cultures. Different forms of child labor are discussed, including street children, child trafficking and child soldiers. How war affects children who are not directly involved in combat is examined in a separate chapter. The issues of child maltreatment and adoption are discussed along the Hague Convention and child trafficking for the purposes of adoption. Educational issues are explored in countries around the world including the growing movement towards Universal Primary Education (UPE) as well as high dropout rates in the United States. The final content chapter discusses how many of these issues, together with others such as Female Genital Cutting (FGC) and fistulas, disproportionately affect girls. The book closes with a summary chapter underlining the importance of addressing these issues to allow children to achieve their adult potential.
Sos Eltis
- Published in print:
- 1996
- Published Online:
- October 2011
- ISBN:
- 9780198121831
- eISBN:
- 9780191671340
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198121831.001.0001
- Subject:
- Literature, 19th-century and Victorian Literature, Drama
This book challenges long-established views of Oscar Wilde as a dilettante and dandy, revealing him instead as a serious philosopher and social critic who used his plays to subvert the traditional ...
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This book challenges long-established views of Oscar Wilde as a dilettante and dandy, revealing him instead as a serious philosopher and social critic who used his plays to subvert the traditional values of Victorian literature and society. By tracing Wilde's painstaking revisions and redrafting of his plays, the book uncovers themes subsequently concealed in successive versions which demonstrate that Wilde was in fact an anarchist, a socialist, and a feminist. Wilde borrowed plots and incidents from numerous contemporary French and English plays, but he then subtly rewrote his plagiarized material in order to mock the conventions he imitated. By analysing previously unconsidered manuscript drafts, and comparing the finished plays with their sources, the book displays a surprising depth and complexity in Wilde's work. The little-known early play, Vera; or, The Nihilists is revealed as a politically radical drama, the society plays are shown to challenge Victorian sexual and social mores, and The Importance of Being Earnest is interpreted as an anarchic farce, which reflects the Utopian vision of Wilde's political essay, ‘The Soul of Man Under Socialism’.Less
This book challenges long-established views of Oscar Wilde as a dilettante and dandy, revealing him instead as a serious philosopher and social critic who used his plays to subvert the traditional values of Victorian literature and society. By tracing Wilde's painstaking revisions and redrafting of his plays, the book uncovers themes subsequently concealed in successive versions which demonstrate that Wilde was in fact an anarchist, a socialist, and a feminist. Wilde borrowed plots and incidents from numerous contemporary French and English plays, but he then subtly rewrote his plagiarized material in order to mock the conventions he imitated. By analysing previously unconsidered manuscript drafts, and comparing the finished plays with their sources, the book displays a surprising depth and complexity in Wilde's work. The little-known early play, Vera; or, The Nihilists is revealed as a politically radical drama, the society plays are shown to challenge Victorian sexual and social mores, and The Importance of Being Earnest is interpreted as an anarchic farce, which reflects the Utopian vision of Wilde's political essay, ‘The Soul of Man Under Socialism’.
Andrew L-T Choo
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199280834
- eISBN:
- 9780191712876
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199280834.001.0001
- Subject:
- Law, Criminal Law and Criminology
The criminal courts have a power to stop a prosecution from proceeding altogether where it would be inappropriate for it to continue. This power to stay proceedings which constitute an abuse of the ...
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The criminal courts have a power to stop a prosecution from proceeding altogether where it would be inappropriate for it to continue. This power to stay proceedings which constitute an abuse of the process of the court has assumed great practical significance and is potentially applicable in many situations. There is at least one consideration of the abuse of process doctrine in virtually every major criminal trial today. This fully updated second edition of Abuse of Process and Judicial Stays of Criminal Proceedings blends doctrinal discussion with a thorough consideration of the underlying theory to provide a searching analysis of the theory and practice of abuse of process in England and Wales, with comparative examinations of many other jurisdictions including the USA, Canada, Australia, and New Zealand. This edition focuses in particular upon the profound impact of the European Convention on Human Rights on the judicial discretion to stay criminal proceedings. It explores substantial amounts of important recent case law, taking into account ECHR jurisprudence and discussions in English courts of the interplay between Article 6 ECHR and abuse of process.Less
The criminal courts have a power to stop a prosecution from proceeding altogether where it would be inappropriate for it to continue. This power to stay proceedings which constitute an abuse of the process of the court has assumed great practical significance and is potentially applicable in many situations. There is at least one consideration of the abuse of process doctrine in virtually every major criminal trial today. This fully updated second edition of Abuse of Process and Judicial Stays of Criminal Proceedings blends doctrinal discussion with a thorough consideration of the underlying theory to provide a searching analysis of the theory and practice of abuse of process in England and Wales, with comparative examinations of many other jurisdictions including the USA, Canada, Australia, and New Zealand. This edition focuses in particular upon the profound impact of the European Convention on Human Rights on the judicial discretion to stay criminal proceedings. It explores substantial amounts of important recent case law, taking into account ECHR jurisprudence and discussions in English courts of the interplay between Article 6 ECHR and abuse of process.
Ruth Garrett Millikan
- Published in print:
- 2005
- Published Online:
- February 2006
- ISBN:
- 9780199284764
- eISBN:
- 9780191603167
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199284768.001.0001
- Subject:
- Philosophy, Philosophy of Language
Guiding the work of most linguists and philosophers of language today is the assumption that language is governed by rules. This volume presents a different way of viewing the partial regularities ...
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Guiding the work of most linguists and philosophers of language today is the assumption that language is governed by rules. This volume presents a different way of viewing the partial regularities that language displays, the way they express norms and conventions. It argues that the central norms applying to language are non-evaluative; they are more like those norms of function and behavior that account for the survival and proliferation of biological species. Specific linguistic forms survive and are reproduced together with cooperative hearer responses because some portion of the time these patterns of production and response benefit both speakers and hearers. What needs to be reproduced, however, for a given language to survive is not specific conceptual rules or inference patterns, but only satisfaction conditions concerning distal objects and properties, and essential elements of hearer response. Thus, the psychological processes that support the use of proper names, of words for kinds, properties and so forth, need to be examined anew, resulting in a fairly uncompromising rejection of conceptual analysis as a tool in philosophy. Further results concern the distinction between the propositional content and the force of a linguistic utterance and a new description of illocutionary acts. It turns out that neither the intentionality of thought nor the intentionality of language is derived from the other. Also, the processes involved in understanding language are best modeled as a form of direct perception of the world parallel, for example, to perception mediated by the natural signs contained in structured light, and results in a radically new description of how children learn language.Less
Guiding the work of most linguists and philosophers of language today is the assumption that language is governed by rules. This volume presents a different way of viewing the partial regularities that language displays, the way they express norms and conventions. It argues that the central norms applying to language are non-evaluative; they are more like those norms of function and behavior that account for the survival and proliferation of biological species. Specific linguistic forms survive and are reproduced together with cooperative hearer responses because some portion of the time these patterns of production and response benefit both speakers and hearers. What needs to be reproduced, however, for a given language to survive is not specific conceptual rules or inference patterns, but only satisfaction conditions concerning distal objects and properties, and essential elements of hearer response. Thus, the psychological processes that support the use of proper names, of words for kinds, properties and so forth, need to be examined anew, resulting in a fairly uncompromising rejection of conceptual analysis as a tool in philosophy. Further results concern the distinction between the propositional content and the force of a linguistic utterance and a new description of illocutionary acts. It turns out that neither the intentionality of thought nor the intentionality of language is derived from the other. Also, the processes involved in understanding language are best modeled as a form of direct perception of the world parallel, for example, to perception mediated by the natural signs contained in structured light, and results in a radically new description of how children learn language.
Torben Grodal
- Published in print:
- 1999
- Published Online:
- October 2011
- ISBN:
- 9780198159834
- eISBN:
- 9780191673719
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198159834.003.0013
- Subject:
- Literature, Film, Media, and Cultural Studies
This chapter summarizes the main findings of the book. The aim of this book has been to show the way in which cognitions and emotions in the experience of viewing visual fiction are part of a ...
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This chapter summarizes the main findings of the book. The aim of this book has been to show the way in which cognitions and emotions in the experience of viewing visual fiction are part of a holistic framework. This holism has its origin in the way that fictions are experienced by the viewer. Central elements in the book can be summed up by some key concepts including holism, ecological conventions, reality-simulation, and aesthetic flow.Less
This chapter summarizes the main findings of the book. The aim of this book has been to show the way in which cognitions and emotions in the experience of viewing visual fiction are part of a holistic framework. This holism has its origin in the way that fictions are experienced by the viewer. Central elements in the book can be summed up by some key concepts including holism, ecological conventions, reality-simulation, and aesthetic flow.
Geoffrey Blest
- Published in print:
- 1997
- Published Online:
- October 2011
- ISBN:
- 9780198206996
- eISBN:
- 9780191677427
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198206996.003.0005
- Subject:
- History, Military History
This chapter discusses the major laws that form part of the making of the Geneva Conventions. It discusses the appurtenant laws and organizations that promote protection of civilians. It notes that ...
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This chapter discusses the major laws that form part of the making of the Geneva Conventions. It discusses the appurtenant laws and organizations that promote protection of civilians. It notes that the other side of the coin from the protection of civilians is protection of combatants incorporated in the rules on the security of belligerents. It provides the principal purpose of the first and second Geneva Conventions and the Red Cross Conventions which reaffirms the principles which had been at the heart of the Geneva law since its pioneering codification in the early 1860s: the protection and care of the sick and wounded soldiers and sailors; similarly, the protection and support of the men and women who undertake that care, and the distinctive sign they carry. It also discusses the 1949 POW Convention, much enlarged beyond the 1929 bridgehead, which is made up of 143 articles and five annexes.Less
This chapter discusses the major laws that form part of the making of the Geneva Conventions. It discusses the appurtenant laws and organizations that promote protection of civilians. It notes that the other side of the coin from the protection of civilians is protection of combatants incorporated in the rules on the security of belligerents. It provides the principal purpose of the first and second Geneva Conventions and the Red Cross Conventions which reaffirms the principles which had been at the heart of the Geneva law since its pioneering codification in the early 1860s: the protection and care of the sick and wounded soldiers and sailors; similarly, the protection and support of the men and women who undertake that care, and the distinctive sign they carry. It also discusses the 1949 POW Convention, much enlarged beyond the 1929 bridgehead, which is made up of 143 articles and five annexes.
Lars Hoffmann and Anna Vergés‐bausili
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780199257409
- eISBN:
- 9780191600951
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019925740X.003.0006
- Subject:
- Political Science, European Union
Examines the European Convention (the European Convention on the Future of Europe) within the process of constitutional reform in the EU, with an emphasis on the institutionalization of treaty ...
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Examines the European Convention (the European Convention on the Future of Europe) within the process of constitutional reform in the EU, with an emphasis on the institutionalization of treaty reform. After an introductory section, the chapter next looks at institutionalist questions on treaty revision processes, discussing the traditional method used, that of the Intergovernmental Conferences (IGCs), and aiming to identify a ‘less intergovernmental’ view of reform processes. The third section provides a historical and up‐to‐date review of the European Convention, focussing on its background, operation, and decision‐making processes. The fourth argues that choices regarding the nature of the Convention's remit and its working methods have reinforced a new landscape of constitutional reform, namely, an institutionalized setting more complex in both the players involved and its dynamics, and where institutional choices are likely to affect significantly the classic key variables of intergovernmentally driven processes. The underlying theme of the chapter is that the outcomes of the 2004 IGC will not be able to be accounted for by focussing solely on governments’ preferences and power.Less
Examines the European Convention (the European Convention on the Future of Europe) within the process of constitutional reform in the EU, with an emphasis on the institutionalization of treaty reform. After an introductory section, the chapter next looks at institutionalist questions on treaty revision processes, discussing the traditional method used, that of the Intergovernmental Conferences (IGCs), and aiming to identify a ‘less intergovernmental’ view of reform processes. The third section provides a historical and up‐to‐date review of the European Convention, focussing on its background, operation, and decision‐making processes. The fourth argues that choices regarding the nature of the Convention's remit and its working methods have reinforced a new landscape of constitutional reform, namely, an institutionalized setting more complex in both the players involved and its dynamics, and where institutional choices are likely to affect significantly the classic key variables of intergovernmentally driven processes. The underlying theme of the chapter is that the outcomes of the 2004 IGC will not be able to be accounted for by focussing solely on governments’ preferences and power.
Mia Lövheim
- Published in print:
- 2007
- Published Online:
- January 2007
- ISBN:
- 9780195305418
- eISBN:
- 9780199785094
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195305418.003.0005
- Subject:
- Religion, Religion and Society
Sweden is often categorized as one of the most secularized and postmodern countries in the world. The Internet has been described as the “epitome” of transformations of traditional religion in late ...
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Sweden is often categorized as one of the most secularized and postmodern countries in the world. The Internet has been described as the “epitome” of transformations of traditional religion in late modern society. This chapter analyzes how youth negotiate religious conventions in discussions of religion on the Internet. If there is a “test case” for the breakdown of religious conventions based on the traditionalized beliefs and practices of institutionalized religion and traditional modes of religious socialization, this would be it. It is argued that despite these anticipations, the construction of religious identities, even in the transient sites of late modern society, is not only a question of individual choice in a “spiritual marketplace”, but also structured by religious authorities and conventions.Less
Sweden is often categorized as one of the most secularized and postmodern countries in the world. The Internet has been described as the “epitome” of transformations of traditional religion in late modern society. This chapter analyzes how youth negotiate religious conventions in discussions of religion on the Internet. If there is a “test case” for the breakdown of religious conventions based on the traditionalized beliefs and practices of institutionalized religion and traditional modes of religious socialization, this would be it. It is argued that despite these anticipations, the construction of religious identities, even in the transient sites of late modern society, is not only a question of individual choice in a “spiritual marketplace”, but also structured by religious authorities and conventions.
Tim Hayward
- Published in print:
- 2004
- Published Online:
- July 2005
- ISBN:
- 9780199278688
- eISBN:
- 9780191602757
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199278687.003.0006
- Subject:
- Political Science, Political Theory
Addresses the doubt about whether, even if legitimately enforceable, a constitutional right to an adequate environment is necessary. The European Union (EU) is taken as a context in which that doubt ...
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Addresses the doubt about whether, even if legitimately enforceable, a constitutional right to an adequate environment is necessary. The European Union (EU) is taken as a context in which that doubt would seem particularly strongly motivated. For the range of existing environmental and human rights provisions which are binding on member states of the EU might already provide the protections that a formally declared right to an adequate environment would aim for. Shows that while those provisions offer significant protections, these nonetheless fall short of what a substantive environmental right with constitutional force would aim to achieve, and so the latter would not be nugatory.Less
Addresses the doubt about whether, even if legitimately enforceable, a constitutional right to an adequate environment is necessary. The European Union (EU) is taken as a context in which that doubt would seem particularly strongly motivated. For the range of existing environmental and human rights provisions which are binding on member states of the EU might already provide the protections that a formally declared right to an adequate environment would aim for. Shows that while those provisions offer significant protections, these nonetheless fall short of what a substantive environmental right with constitutional force would aim to achieve, and so the latter would not be nugatory.
Mette Elise Jolly
- Published in print:
- 2007
- Published Online:
- September 2007
- ISBN:
- 9780199213078
- eISBN:
- 9780191707155
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199213078.003.0001
- Subject:
- Political Science, European Union
The introductory chapter discusses the asymmetry between elite and popular views about supranational government, in general, and European integration, in particular. It introduces the fundamental ...
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The introductory chapter discusses the asymmetry between elite and popular views about supranational government, in general, and European integration, in particular. It introduces the fundamental questions raised in the book, i.e., what the lack of a European demos means for the future institutional structure of the union. In the final part of the chapter, the particular problems facing the EU are linked to a wider international issue, namely the problems that arise when attempts are made to take democracy beyond the nation-state.Less
The introductory chapter discusses the asymmetry between elite and popular views about supranational government, in general, and European integration, in particular. It introduces the fundamental questions raised in the book, i.e., what the lack of a European demos means for the future institutional structure of the union. In the final part of the chapter, the particular problems facing the EU are linked to a wider international issue, namely the problems that arise when attempts are made to take democracy beyond the nation-state.
Uwe Steinhoff
- Published in print:
- 2007
- Published Online:
- September 2007
- ISBN:
- 9780199217373
- eISBN:
- 9780191712470
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199217373.003.0005
- Subject:
- Political Science, Political Theory
This chapter tackles the question of why soldiers, allegedly, are legitimate targets and civilians not. Four approaches to the explanation of the difference are discussed: the moral guilt theory, the ...
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This chapter tackles the question of why soldiers, allegedly, are legitimate targets and civilians not. Four approaches to the explanation of the difference are discussed: the moral guilt theory, the convention theory, the self-defence theory, and the justifying emergency theory. All these approaches have a valid moral principle at heart, but are nevertheless misleading in that they raise their respective principle to the status of the absolute. The chapter outlines how a comparative weighting of the principles can proceed if applied to concrete cases. The resulting approach does not square the distinction between legitimate and illegitimate targets with the distinction between soldiers and civilians; this has extremely important consequences for the conduct of war.Less
This chapter tackles the question of why soldiers, allegedly, are legitimate targets and civilians not. Four approaches to the explanation of the difference are discussed: the moral guilt theory, the convention theory, the self-defence theory, and the justifying emergency theory. All these approaches have a valid moral principle at heart, but are nevertheless misleading in that they raise their respective principle to the status of the absolute. The chapter outlines how a comparative weighting of the principles can proceed if applied to concrete cases. The resulting approach does not square the distinction between legitimate and illegitimate targets with the distinction between soldiers and civilians; this has extremely important consequences for the conduct of war.
Jason Ralph
- Published in print:
- 2007
- Published Online:
- September 2007
- ISBN:
- 9780199214310
- eISBN:
- 9780191706615
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199214310.003.0005
- Subject:
- Political Science, International Relations and Politics
This chapter explains why the Clinton administration chose to sign, and the Bush administration chose to ‘unsign’ the Rome Treaty. Both argued that the Treaty violated the principle of sovereign ...
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This chapter explains why the Clinton administration chose to sign, and the Bush administration chose to ‘unsign’ the Rome Treaty. Both argued that the Treaty violated the principle of sovereign consent and they both appealed to Vienna Convention on the Law of Treaties to support their argument. The chapter then asks why the US finds this argument so compelling when other democratic states are not threatened by the Court. The chapter offers an answer that goes beyond arguments that focus on America's national interests and its international responsibilities. Instead, it focuses on the cultural role that democratic consent plays in constituting America as a separate nation. The policy of opposing the ICC while offering alternative approaches to international criminal justice is, therefore, a representational practice designed to instantiate a particular image of America as well as a political move to protect the national interest.Less
This chapter explains why the Clinton administration chose to sign, and the Bush administration chose to ‘unsign’ the Rome Treaty. Both argued that the Treaty violated the principle of sovereign consent and they both appealed to Vienna Convention on the Law of Treaties to support their argument. The chapter then asks why the US finds this argument so compelling when other democratic states are not threatened by the Court. The chapter offers an answer that goes beyond arguments that focus on America's national interests and its international responsibilities. Instead, it focuses on the cultural role that democratic consent plays in constituting America as a separate nation. The policy of opposing the ICC while offering alternative approaches to international criminal justice is, therefore, a representational practice designed to instantiate a particular image of America as well as a political move to protect the national interest.
Jason Ralph
- Published in print:
- 2007
- Published Online:
- September 2007
- ISBN:
- 9780199214310
- eISBN:
- 9780191706615
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199214310.003.0007
- Subject:
- Political Science, International Relations and Politics
The evidence presented in previous chapters contributes to the general argument that the US defends the idea of a society of states because it is in the kind of society that America can preserve a ...
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The evidence presented in previous chapters contributes to the general argument that the US defends the idea of a society of states because it is in the kind of society that America can preserve a preferred self‐image and can best advance its particular interests. This chapter develops that argument one stage further by focusing on the US response to the terrorist attacks of 9–11. From the perspective of the Bush administration, only those fighting on behalf of sovereign states could claim a right to lawful belligerency and the right to protection under the laws of war. Dealing with the terrorist threat through the norms of the society of states, therefore, provided additional normative criteria to delegitimize Al Qaeda and it put the issue of counter‐terrorism in a legal and political setting the US could, as the most powerful state, more or less dictate. The chapter provides historical context to this policy by focusing on the US rejection of Protocol I additional to the Geneva Conventions and illustrates how US lawyers also used the concept of sovereignty in an attempt to escape the oversight of national as well as international courts.Less
The evidence presented in previous chapters contributes to the general argument that the US defends the idea of a society of states because it is in the kind of society that America can preserve a preferred self‐image and can best advance its particular interests. This chapter develops that argument one stage further by focusing on the US response to the terrorist attacks of 9–11. From the perspective of the Bush administration, only those fighting on behalf of sovereign states could claim a right to lawful belligerency and the right to protection under the laws of war. Dealing with the terrorist threat through the norms of the society of states, therefore, provided additional normative criteria to delegitimize Al Qaeda and it put the issue of counter‐terrorism in a legal and political setting the US could, as the most powerful state, more or less dictate. The chapter provides historical context to this policy by focusing on the US rejection of Protocol I additional to the Geneva Conventions and illustrates how US lawyers also used the concept of sovereignty in an attempt to escape the oversight of national as well as international courts.
DIANA WOODHOUSE
- Published in print:
- 1994
- Published Online:
- October 2011
- ISBN:
- 9780198278924
- eISBN:
- 9780191684265
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198278924.003.0003
- Subject:
- Political Science, UK Politics
Ministerial resignations are frequently called for, most often by the opposition as part of a standard demand for ministerial accountability, but seldom proffered. Indeed, in the period from World ...
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Ministerial resignations are frequently called for, most often by the opposition as part of a standard demand for ministerial accountability, but seldom proffered. Indeed, in the period from World War II to 1979, there were only eleven resignations which could be attributed to the convention of individual ministerial responsibility. However, despite the lack of resignations, the language used, both inside the House and in the media, has continued to assume that there is a constitutional requirement for resignation. The House of Commons has still been seen as having some sort of a punitive authority as distinct from a mere right to information. Furthermore, the way in which a resignation is interpreted also depends upon the scheme of analysis used.Less
Ministerial resignations are frequently called for, most often by the opposition as part of a standard demand for ministerial accountability, but seldom proffered. Indeed, in the period from World War II to 1979, there were only eleven resignations which could be attributed to the convention of individual ministerial responsibility. However, despite the lack of resignations, the language used, both inside the House and in the media, has continued to assume that there is a constitutional requirement for resignation. The House of Commons has still been seen as having some sort of a punitive authority as distinct from a mere right to information. Furthermore, the way in which a resignation is interpreted also depends upon the scheme of analysis used.
Jennifer M. Welsh
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780199267217
- eISBN:
- 9780191601118
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199267219.003.0004
- Subject:
- Political Science, International Relations and Politics
Outlines and evaluates the political, legal, and ethical objections to humanitarian intervention. In so doing, it questions not only whether the doctrine of ‘sovereignty as responsibility’ has taken ...
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Outlines and evaluates the political, legal, and ethical objections to humanitarian intervention. In so doing, it questions not only whether the doctrine of ‘sovereignty as responsibility’ has taken hold in international society, but also whether it should – particularly in the form suggested by Western states. The author argues that the ethical position of pluralism – as articulated by non-Western states – represents the most compelling case against humanitarian intervention, by emphasizing the impact on international society of relaxing the norm of non-intervention. Despite these pluralist objections, military intervention in cases of supreme humanitarian emergency can be defended on moral grounds, provided the intervention meets certain tests of legitimacy. Given the unintended consequences of military action, the author also suggests that more attention should be paid to the non-military means of operationalizing ‘sovereignty as responsibility’.Less
Outlines and evaluates the political, legal, and ethical objections to humanitarian intervention. In so doing, it questions not only whether the doctrine of ‘sovereignty as responsibility’ has taken hold in international society, but also whether it should – particularly in the form suggested by Western states. The author argues that the ethical position of pluralism – as articulated by non-Western states – represents the most compelling case against humanitarian intervention, by emphasizing the impact on international society of relaxing the norm of non-intervention. Despite these pluralist objections, military intervention in cases of supreme humanitarian emergency can be defended on moral grounds, provided the intervention meets certain tests of legitimacy. Given the unintended consequences of military action, the author also suggests that more attention should be paid to the non-military means of operationalizing ‘sovereignty as responsibility’.
John Bricke
- Published in print:
- 2000
- Published Online:
- October 2011
- ISBN:
- 9780198250111
- eISBN:
- 9780191681240
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198250111.001.0001
- Subject:
- Philosophy, History of Philosophy, Moral Philosophy
This is a philosophical study of the theory of mind and morality that David Hume developed in his Treatise of Human Nature and other writings. The chief elements in this theory of mind are Hume's ...
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This is a philosophical study of the theory of mind and morality that David Hume developed in his Treatise of Human Nature and other writings. The chief elements in this theory of mind are Hume's accounts of reasons for action and of the complex interrelations of desire, volition, and affection. On this basis, the book lays out and defends Hume's thoroughgoing non-cognitivist theory of moral judgement, and shows that cognitivist and standard sentimentalist readings of Hume are unsatisfactory, as are the usual interpretations of his views on the connections between morality, justice, and convention.Less
This is a philosophical study of the theory of mind and morality that David Hume developed in his Treatise of Human Nature and other writings. The chief elements in this theory of mind are Hume's accounts of reasons for action and of the complex interrelations of desire, volition, and affection. On this basis, the book lays out and defends Hume's thoroughgoing non-cognitivist theory of moral judgement, and shows that cognitivist and standard sentimentalist readings of Hume are unsatisfactory, as are the usual interpretations of his views on the connections between morality, justice, and convention.
Paul C. Gutjahr
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780199740420
- eISBN:
- 9780199894703
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199740420.003.0029
- Subject:
- Religion, Church History
Chapter twenty-nine tells of the fight the New School mounted to try and take back the American Presbyterian Church through legal means. Meeting in Auburn, New York, the New School held what became ...
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Chapter twenty-nine tells of the fight the New School mounted to try and take back the American Presbyterian Church through legal means. Meeting in Auburn, New York, the New School held what became the “Auburn Convention,” where they determined they would use all legal means to fight to retain their leadership role in the Presbyterian Church. By this time, nearly a half of all Presbyterians in the United States had aligned themselves with the New School. Such numbers shocked the Old School. Although the New School was awarded the trusteeship of the Church in a lower court, ultimately a higher Pennsylvania court awarded the Old School the right to be the guiding force of the American Presbyterian Church.Less
Chapter twenty-nine tells of the fight the New School mounted to try and take back the American Presbyterian Church through legal means. Meeting in Auburn, New York, the New School held what became the “Auburn Convention,” where they determined they would use all legal means to fight to retain their leadership role in the Presbyterian Church. By this time, nearly a half of all Presbyterians in the United States had aligned themselves with the New School. Such numbers shocked the Old School. Although the New School was awarded the trusteeship of the Church in a lower court, ultimately a higher Pennsylvania court awarded the Old School the right to be the guiding force of the American Presbyterian Church.
