Douglas Husak
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199585038
- eISBN:
- 9780191723476
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199585038.001.0001
- Subject:
- Law, Philosophy of Law
Husak reprints 15 of his earlier essays in the philosophy of criminal law (and add two previously unpublished pieces) collected from philosophy journals, law reviews, and book chapters. These ...
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Husak reprints 15 of his earlier essays in the philosophy of criminal law (and add two previously unpublished pieces) collected from philosophy journals, law reviews, and book chapters. These articles cover a broad range of topics about the nature of penal liability, criminal law culpability, defences, and the justification of punishment. Together, these essays present a desert-based analysis of issues in criminal theory that resist the consequentialist approach more familiar among legal scholars. The author's foremost concern is to ensure that the principles and doctrines of the criminal law preserve justice and do not sacrifice individuals for the common welfare. Although Husak draws equally from existing criminal law and contemporary moral and political philosophy, readers need neither a Ph.D. in philosophy nor a J.D. in law to understand and assess his essays.Less
Husak reprints 15 of his earlier essays in the philosophy of criminal law (and add two previously unpublished pieces) collected from philosophy journals, law reviews, and book chapters. These articles cover a broad range of topics about the nature of penal liability, criminal law culpability, defences, and the justification of punishment. Together, these essays present a desert-based analysis of issues in criminal theory that resist the consequentialist approach more familiar among legal scholars. The author's foremost concern is to ensure that the principles and doctrines of the criminal law preserve justice and do not sacrifice individuals for the common welfare. Although Husak draws equally from existing criminal law and contemporary moral and political philosophy, readers need neither a Ph.D. in philosophy nor a J.D. in law to understand and assess his essays.
Peter van Inwagen
- Published in print:
- 2006
- Published Online:
- May 2007
- ISBN:
- 9780199245604
- eISBN:
- 9780191715310
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199245604.001.0001
- Subject:
- Philosophy, Moral Philosophy
This book contains in eight chapters the revised text of eight Gifford lectures, which were delivered at the University of St Andrews in 2003. The problem of evil may be formulated as a question ...
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This book contains in eight chapters the revised text of eight Gifford lectures, which were delivered at the University of St Andrews in 2003. The problem of evil may be formulated as a question addressed to theists: why would an all-powerful and benevolent God permit the existence of vast amounts of truly horrible suffering? Many reflective people are convinced that this question has no answer. The reasons that underlie this conviction can be formulated as an argument for the non-existence of God, the so-called argument from evil: if there were a God, he would not permit the existence of vast amounts of truly horrible suffering; since such suffering exists, there is no God. The examination of the problem of evil in these chapters is largely an examination of the argument from evil, which the author of the book regards as a paradigmatically philosophical argument. The conclusion of the main argument of the chapters (which takes the form of a debate centred on the ‘free-will defence’) is that the argument from evil is, like most philosophical arguments, a failure. The following topics receive special attention: the concept of God; success and failure in philosophical argument; versions of the argument from evil that depend on the vast amount of evil in the world and versions of the argument that depend on a particular evil, such as the Holocaust; the free-will defence; animal suffering; and the problem of the hiddenness of God.Less
This book contains in eight chapters the revised text of eight Gifford lectures, which were delivered at the University of St Andrews in 2003. The problem of evil may be formulated as a question addressed to theists: why would an all-powerful and benevolent God permit the existence of vast amounts of truly horrible suffering? Many reflective people are convinced that this question has no answer. The reasons that underlie this conviction can be formulated as an argument for the non-existence of God, the so-called argument from evil: if there were a God, he would not permit the existence of vast amounts of truly horrible suffering; since such suffering exists, there is no God. The examination of the problem of evil in these chapters is largely an examination of the argument from evil, which the author of the book regards as a paradigmatically philosophical argument. The conclusion of the main argument of the chapters (which takes the form of a debate centred on the ‘free-will defence’) is that the argument from evil is, like most philosophical arguments, a failure. The following topics receive special attention: the concept of God; success and failure in philosophical argument; versions of the argument from evil that depend on the vast amount of evil in the world and versions of the argument that depend on a particular evil, such as the Holocaust; the free-will defence; animal suffering; and the problem of the hiddenness of God.
Andreas Herberg‐Rothe
- Published in print:
- 2007
- Published Online:
- May 2007
- ISBN:
- 9780199202690
- eISBN:
- 9780191707834
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199202690.003.0006
- Subject:
- Political Science, International Relations and Politics
Clausewitz intended at the end of his life to write a different chapter on polarity in which he would have disclosed the secret of his method, as Raymond Aron saw it. But this secret is not hidden in ...
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Clausewitz intended at the end of his life to write a different chapter on polarity in which he would have disclosed the secret of his method, as Raymond Aron saw it. But this secret is not hidden in the concept of polarity itself, but within what Clausewitz called the ‘true logical antithesis’ of defence and attack. Clausewitz's proposition, ‘that defense is the stronger form of fighting with the negative purpose, attack the weaker form with the positive purpose’ reveals the true secret of his method. By differentiating this proposition, many transitions and intersections between these contrasts are exposed, which enables the formulation of a particular, Clausewitzian sort of dialectic. With the help of Clausewitz's treatment of the ‘true logical antithesis’ of defence and attack, we are able to validate that his different conceptualizations of war are really antithetical tendencies in every war.Less
Clausewitz intended at the end of his life to write a different chapter on polarity in which he would have disclosed the secret of his method, as Raymond Aron saw it. But this secret is not hidden in the concept of polarity itself, but within what Clausewitz called the ‘true logical antithesis’ of defence and attack. Clausewitz's proposition, ‘that defense is the stronger form of fighting with the negative purpose, attack the weaker form with the positive purpose’ reveals the true secret of his method. By differentiating this proposition, many transitions and intersections between these contrasts are exposed, which enables the formulation of a particular, Clausewitzian sort of dialectic. With the help of Clausewitz's treatment of the ‘true logical antithesis’ of defence and attack, we are able to validate that his different conceptualizations of war are really antithetical tendencies in every war.
J. Bryan Collester
- Published in print:
- 2000
- Published Online:
- November 2003
- ISBN:
- 9780198297574
- eISBN:
- 9780191598982
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198297572.003.0018
- Subject:
- Political Science, European Union
This chapter examines the EU’s decision to expand the Common Foreign and Security Policy (CFSP) to include defence. It begins by considering the significant developments in the WEU’s half-century of ...
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This chapter examines the EU’s decision to expand the Common Foreign and Security Policy (CFSP) to include defence. It begins by considering the significant developments in the WEU’s half-century of existence which led to the linkage between the EU and WEU. The events that reformed the EU and CFSP, and led to the revival for the common defence policy by integrating EU and WEU capabilities are reviewed. Some conditions that may forestall integration ‘spillover’ from turning into intergovernmental ‘spillback’ are discussed.Less
This chapter examines the EU’s decision to expand the Common Foreign and Security Policy (CFSP) to include defence. It begins by considering the significant developments in the WEU’s half-century of existence which led to the linkage between the EU and WEU. The events that reformed the EU and CFSP, and led to the revival for the common defence policy by integrating EU and WEU capabilities are reviewed. Some conditions that may forestall integration ‘spillover’ from turning into intergovernmental ‘spillback’ are discussed.
MATTHEW GRIMLEY
- Published in print:
- 2004
- Published Online:
- January 2010
- ISBN:
- 9780199270897
- eISBN:
- 9780191709494
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199270897.003.0008
- Subject:
- History, Social History
This chapter presents some concluding thoughts from the author. It discusses how the Church of England mitigated decline in the 19th and early 20th centuries by creating a moral community which went ...
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This chapter presents some concluding thoughts from the author. It discusses how the Church of England mitigated decline in the 19th and early 20th centuries by creating a moral community which went well beyond those who were within its own fold. It also discusses how the two concepts — cultural defence and civil religion — can help us understand how the inter-war Church of England was able to maintain a public presence and power out of proportion to its numerical strength.Less
This chapter presents some concluding thoughts from the author. It discusses how the Church of England mitigated decline in the 19th and early 20th centuries by creating a moral community which went well beyond those who were within its own fold. It also discusses how the two concepts — cultural defence and civil religion — can help us understand how the inter-war Church of England was able to maintain a public presence and power out of proportion to its numerical strength.
Matthew S. Seligmann
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199574032
- eISBN:
- 9780191741432
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199574032.003.0010
- Subject:
- History, British and Irish Modern History, Military History
This final chapter considers the place of this book and its research finding in the current historiography of the Anglo-German naval race. It concludes, contrary to current revisionist ...
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This final chapter considers the place of this book and its research finding in the current historiography of the Anglo-German naval race. It concludes, contrary to current revisionist interpretations, that Germany emerged as a major factor in British naval planning after 1901. However, this was not, as orthodox historians would maintain, because of the growth of the German battle fleet, but because of fears that parts of the German merchant navy would be used in wartime to attack British trade. It ends by considering why this has not been understood before. In this context it puts forward the suggestion of Admiral Slade that people have been hypnotized by the big ship question, thereby ignoring the less glamorous question of trade defence.Less
This final chapter considers the place of this book and its research finding in the current historiography of the Anglo-German naval race. It concludes, contrary to current revisionist interpretations, that Germany emerged as a major factor in British naval planning after 1901. However, this was not, as orthodox historians would maintain, because of the growth of the German battle fleet, but because of fears that parts of the German merchant navy would be used in wartime to attack British trade. It ends by considering why this has not been understood before. In this context it puts forward the suggestion of Admiral Slade that people have been hypnotized by the big ship question, thereby ignoring the less glamorous question of trade defence.
Timothy Bowman and Mark Connelly
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199542789
- eISBN:
- 9780191741401
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199542789.003.0008
- Subject:
- History, British and Irish Modern History, Military History
Despite the entente cordiale and secret staff talks with the French, the role of the British army prior to the First World War remained unclear. For the regular army much of its recruiting, ...
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Despite the entente cordiale and secret staff talks with the French, the role of the British army prior to the First World War remained unclear. For the regular army much of its recruiting, dispositions, and training was decided by the need to find a large garrison for India. The auxiliary forces, while reformed and rather more efficient post 1908, were committed only to Home Defence and, in any case, remained under strength and poorly trained. The mobilization of the army in 1914 relied on a large number of reservists to bring even the original British Expeditionary Force up to strength. While the OTC could be seen as vindicating itself during the Great War prior to August 1914, it provided pitifully few officers to either the regular army or auxiliary forces.Less
Despite the entente cordiale and secret staff talks with the French, the role of the British army prior to the First World War remained unclear. For the regular army much of its recruiting, dispositions, and training was decided by the need to find a large garrison for India. The auxiliary forces, while reformed and rather more efficient post 1908, were committed only to Home Defence and, in any case, remained under strength and poorly trained. The mobilization of the army in 1914 relied on a large number of reservists to bring even the original British Expeditionary Force up to strength. While the OTC could be seen as vindicating itself during the Great War prior to August 1914, it provided pitifully few officers to either the regular army or auxiliary forces.
David Marsh and R. A. W. Rhodes (eds)
- Published in print:
- 1992
- Published Online:
- October 2011
- ISBN:
- 9780198278528
- eISBN:
- 9780191684210
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198278528.001.0001
- Subject:
- Political Science, UK Politics
Policy is not made in the electoral arena or in the gladiatorial confrontations of Parliament, but in the netherworld of committees, civil servants, professions, and interest groups. This collection ...
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Policy is not made in the electoral arena or in the gladiatorial confrontations of Parliament, but in the netherworld of committees, civil servants, professions, and interest groups. This collection explores the private world of public policy. It provides a survey of the literature on the concept of policy networks and demonstrates its importance for understanding specific policy areas. The case studies cover policy-making in agriculture, civil nuclear power, youth employment, smoking, heart disease, sea defences, information technology, and exchange rate policy. Finally the book attempts an overall assessment of the utility of the concept, focusing on such questions as why networks change, which interests dominate and benefit from networks, and the consequences of the present system for representative democracy.Less
Policy is not made in the electoral arena or in the gladiatorial confrontations of Parliament, but in the netherworld of committees, civil servants, professions, and interest groups. This collection explores the private world of public policy. It provides a survey of the literature on the concept of policy networks and demonstrates its importance for understanding specific policy areas. The case studies cover policy-making in agriculture, civil nuclear power, youth employment, smoking, heart disease, sea defences, information technology, and exchange rate policy. Finally the book attempts an overall assessment of the utility of the concept, focusing on such questions as why networks change, which interests dominate and benefit from networks, and the consequences of the present system for representative democracy.
David Rodin
- Published in print:
- 2002
- Published Online:
- January 2005
- ISBN:
- 9780199257744
- eISBN:
- 9780191601811
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199257744.001.0001
- Subject:
- Philosophy, Political Philosophy
This book explores the moral response to war and aggression within the context of self-defence. Two main projects are undertaken: to explain defensive rights in their most general form, and determine ...
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This book explores the moral response to war and aggression within the context of self-defence. Two main projects are undertaken: to explain defensive rights in their most general form, and determine whether this explanation can be used as grounds for a right of national self-defence. It contends that although a coherent account of self-defence can be built around the idea of personal rights, the attempt justify war based on the conception of self-defence faces significant obstacles and ultimately fails. Self-defence has significant consequences for the entire enterprise of normative international relations, given its position as the centrepiece of the modern jus ad bellum (the rules specifying the conditions for a just war).Less
This book explores the moral response to war and aggression within the context of self-defence. Two main projects are undertaken: to explain defensive rights in their most general form, and determine whether this explanation can be used as grounds for a right of national self-defence. It contends that although a coherent account of self-defence can be built around the idea of personal rights, the attempt justify war based on the conception of self-defence faces significant obstacles and ultimately fails. Self-defence has significant consequences for the entire enterprise of normative international relations, given its position as the centrepiece of the modern jus ad bellum (the rules specifying the conditions for a just war).
Fiona Leverick
- Published in print:
- 2006
- Published Online:
- January 2009
- ISBN:
- 9780199283460
- eISBN:
- 9780191712654
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199283460.001.0001
- Subject:
- Law, Criminal Law and Criminology
This book is a comprehensive analysis of the criminal defence of self-defence from a philosophical, legal, and human rights perspective. The primary focus is on self-defence as a defence to homicide, ...
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This book is a comprehensive analysis of the criminal defence of self-defence from a philosophical, legal, and human rights perspective. The primary focus is on self-defence as a defence to homicide, as this is the most difficult type of self-defensive force to justify. Although not always recognised as such, self-defence is a contentious defence, permitting as it does the victim of an attack to preserve her life at the expense of another. If one holds that all human life is of equal value, explaining why this is permissible poses something of a challenge. It is particularly difficult to explain where the aggressor is, for reasons of non-age or insanity for example, not responsible for her actions. The first part of the book identifies the proper theoretical basis of a claim of self-defence. It examines the classification of defences, and the concepts of justification and excuse in particular, and locates self-defence within this classification. It then proceeds critically to analyse various philosophical explanations of why self-defensive killing is justified, before concluding that the most convincing account is one that draws on the right to life with an accompanying theory of forfeiture. The book then proceeds to draw upon this analysis to examine various aspects of the law of self-defence, including retreat, imminence of harm, self-generated self-defence, mistake, and proportionality. The analysis draws on material from all of the major common law jurisdictions and the various jurisdictions of the US. The book concludes with an examination of the implications that the European Convention on Human Rights might have for the law of self-defence.Less
This book is a comprehensive analysis of the criminal defence of self-defence from a philosophical, legal, and human rights perspective. The primary focus is on self-defence as a defence to homicide, as this is the most difficult type of self-defensive force to justify. Although not always recognised as such, self-defence is a contentious defence, permitting as it does the victim of an attack to preserve her life at the expense of another. If one holds that all human life is of equal value, explaining why this is permissible poses something of a challenge. It is particularly difficult to explain where the aggressor is, for reasons of non-age or insanity for example, not responsible for her actions. The first part of the book identifies the proper theoretical basis of a claim of self-defence. It examines the classification of defences, and the concepts of justification and excuse in particular, and locates self-defence within this classification. It then proceeds critically to analyse various philosophical explanations of why self-defensive killing is justified, before concluding that the most convincing account is one that draws on the right to life with an accompanying theory of forfeiture. The book then proceeds to draw upon this analysis to examine various aspects of the law of self-defence, including retreat, imminence of harm, self-generated self-defence, mistake, and proportionality. The analysis draws on material from all of the major common law jurisdictions and the various jurisdictions of the US. The book concludes with an examination of the implications that the European Convention on Human Rights might have for the law of self-defence.
Penney Lewis
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199212873
- eISBN:
- 9780191707063
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199212873.001.0001
- Subject:
- Law, Criminal Law and Criminology, Medical Law
The question whether assisted dying (euthanasia and assisted suicide) should be legalized is often treated, by judges and commentators alike, as a question which transcends national boundaries and ...
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The question whether assisted dying (euthanasia and assisted suicide) should be legalized is often treated, by judges and commentators alike, as a question which transcends national boundaries and diverse legal systems. One obvious example is the use made of the ‘Dutch experience’ in other jurisdictions. By treating the issue as a transcendent, global ethical question, the important context in which individual jurisdictions make decisions about assisted dying and the significance of the legal methods chosen to carry out those decisions is often lost. This book concentrates not on the issue of whether assisted dying should be legalized, but rather on the impact of the choice of a particular legal route towards legalization. Legal change on assisted dying may be achieved in a variety of ways: challenges to criminal prohibitions using constitutionally entrenched rights; the use of defences available to defendants who are prosecuted for assisting a death; legislative change; or referenda or ballot measures proposed by individual citizens or interest groups. The examination in this book of the impact of these different alternatives suggests that greater caution is needed before relying on the experience of one jurisdiction when discussing proposals for regulation of assisted dying in others, and the possible consequences of such regulation. The book seeks to demonstrate the need to explore the legal environment in which assisted dying is performed or proposed in order to evaluate the relevance of a particular legal experience to other jurisdictions.Less
The question whether assisted dying (euthanasia and assisted suicide) should be legalized is often treated, by judges and commentators alike, as a question which transcends national boundaries and diverse legal systems. One obvious example is the use made of the ‘Dutch experience’ in other jurisdictions. By treating the issue as a transcendent, global ethical question, the important context in which individual jurisdictions make decisions about assisted dying and the significance of the legal methods chosen to carry out those decisions is often lost. This book concentrates not on the issue of whether assisted dying should be legalized, but rather on the impact of the choice of a particular legal route towards legalization. Legal change on assisted dying may be achieved in a variety of ways: challenges to criminal prohibitions using constitutionally entrenched rights; the use of defences available to defendants who are prosecuted for assisting a death; legislative change; or referenda or ballot measures proposed by individual citizens or interest groups. The examination in this book of the impact of these different alternatives suggests that greater caution is needed before relying on the experience of one jurisdiction when discussing proposals for regulation of assisted dying in others, and the possible consequences of such regulation. The book seeks to demonstrate the need to explore the legal environment in which assisted dying is performed or proposed in order to evaluate the relevance of a particular legal experience to other jurisdictions.
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.
Paul Grice and Judith Baker
- Published in print:
- 2001
- Published Online:
- October 2011
- ISBN:
- 9780199243877
- eISBN:
- 9780191697302
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199243877.001.0001
- Subject:
- Philosophy, Moral Philosophy, Philosophy of Language
The works of Paul Grice collected in this volume present his metaphysical defence of value, and represent a modern attempt to provide a metaphysical foundation for value. Value judgements are viewed ...
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The works of Paul Grice collected in this volume present his metaphysical defence of value, and represent a modern attempt to provide a metaphysical foundation for value. Value judgements are viewed as objective; value is part of the world we live in, but nonetheless is constructed by us. We inherit, or seem to inherit, the Aristotelian world in which objects and creatures are characterized in terms of what they are supposed to do. We are thereby enabled to evaluate by reference to function and finality. This much is not surprising. The most striking part of Grice's position, however, is his contention that the legitimacy of such evaluations rests ultimately on an argument for absolute value. The collection includes Grice's three previously unpublished Carus Lectures on the conception of value, a section of his ‘Reply to Richards’ (previously published in Grandy and Warner (eds.), Philosophical Grounds of Rationality, Oxford, 1986), and ‘Method in Philosophical Psychology’ (Presidential Address delivered to the Annual Meeting of the American Philosophical Association, 1975).Less
The works of Paul Grice collected in this volume present his metaphysical defence of value, and represent a modern attempt to provide a metaphysical foundation for value. Value judgements are viewed as objective; value is part of the world we live in, but nonetheless is constructed by us. We inherit, or seem to inherit, the Aristotelian world in which objects and creatures are characterized in terms of what they are supposed to do. We are thereby enabled to evaluate by reference to function and finality. This much is not surprising. The most striking part of Grice's position, however, is his contention that the legitimacy of such evaluations rests ultimately on an argument for absolute value. The collection includes Grice's three previously unpublished Carus Lectures on the conception of value, a section of his ‘Reply to Richards’ (previously published in Grandy and Warner (eds.), Philosophical Grounds of Rationality, Oxford, 1986), and ‘Method in Philosophical Psychology’ (Presidential Address delivered to the Annual Meeting of the American Philosophical Association, 1975).
Yuval Ginbar
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199540914
- eISBN:
- 9780191716256
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199540914.003.0017
- Subject:
- Law, Human Rights and Immigration
This chapter introduces Part IV, where three issues raised by the discussion of the models in Part III are to be examined. The question of whether or not the interrogation methods used in the US and ...
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This chapter introduces Part IV, where three issues raised by the discussion of the models in Part III are to be examined. The question of whether or not the interrogation methods used in the US and Israeli models constitute torture under international legal definitions or are even unlawful at all, for instance as ‘cruel, inhuman, or degrading treatment’ is discussed first, followed by an analysis of the ‘defence of necessity’ as a putative basis for exempting torturers in ticking bomb situations from criminal responsibility. This issue will be analysed both in the context of national and international criminal law. Thirdly, in concluding this Part, the applicability of that defence and other ex post mechanisms to the reality of states facing terrorism in the early 21st century will be discussed.Less
This chapter introduces Part IV, where three issues raised by the discussion of the models in Part III are to be examined. The question of whether or not the interrogation methods used in the US and Israeli models constitute torture under international legal definitions or are even unlawful at all, for instance as ‘cruel, inhuman, or degrading treatment’ is discussed first, followed by an analysis of the ‘defence of necessity’ as a putative basis for exempting torturers in ticking bomb situations from criminal responsibility. This issue will be analysed both in the context of national and international criminal law. Thirdly, in concluding this Part, the applicability of that defence and other ex post mechanisms to the reality of states facing terrorism in the early 21st century will be discussed.
Justin Morris
- Published in print:
- 2004
- Published Online:
- January 2005
- ISBN:
- 9780199265206
- eISBN:
- 9780191601866
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199265208.003.0016
- Subject:
- Political Science, International Relations and Politics
In this final chapter, The author asks whether the shift from a multipolar to unipolar society of states has led to normative change in international society, using the norm prohibiting the use of ...
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In this final chapter, The author asks whether the shift from a multipolar to unipolar society of states has led to normative change in international society, using the norm prohibiting the use of force as a case study, and arguing that although material changes in international society do have an impact, the norms that underpin international society are not infinitely malleable and constrain even powerful actors like the USA. He begins his chapter with a discussion of the relationship between power and norms, which reinforces the linkages between English School of International Relations and constructivist approaches identified in Ch. 4 by Reus‐Smit. The author dismisses the realist and materialist arguments that norms play, at most, a peripheral role in international life, by arguing that even powerful states prefer to act in accordance with international rules. In relation to the use of force, he argues that it is very difficult to find a case since 1945 where a state has not sought to justify its use of force with reference to the rules governing that discussion. After charting the evolution of norms pertaining to the use of force and the globalization of international society, he turns to the post‐September 11 era, arguing that although the USA continues to follow the rules to a large extent, its attempt to act as a ‘normative innovator’ by claiming an exceptional right to self‐defence poses a grave danger to both the UN and the system of law that underpins the society of states.Less
In this final chapter, The author asks whether the shift from a multipolar to unipolar society of states has led to normative change in international society, using the norm prohibiting the use of force as a case study, and arguing that although material changes in international society do have an impact, the norms that underpin international society are not infinitely malleable and constrain even powerful actors like the USA. He begins his chapter with a discussion of the relationship between power and norms, which reinforces the linkages between English School of International Relations and constructivist approaches identified in Ch. 4 by Reus‐Smit. The author dismisses the realist and materialist arguments that norms play, at most, a peripheral role in international life, by arguing that even powerful states prefer to act in accordance with international rules. In relation to the use of force, he argues that it is very difficult to find a case since 1945 where a state has not sought to justify its use of force with reference to the rules governing that discussion. After charting the evolution of norms pertaining to the use of force and the globalization of international society, he turns to the post‐September 11 era, arguing that although the USA continues to follow the rules to a large extent, its attempt to act as a ‘normative innovator’ by claiming an exceptional right to self‐defence poses a grave danger to both the UN and the system of law that underpins the society of states.
Anna Dornhaus and Scott Powell
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199544639
- eISBN:
- 9780191720192
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199544639.003.0012
- Subject:
- Biology, Ecology, Animal Biology
In many habitats, the first animal that a visitor is likely to notice is an ant forager. Ants are model systems for the study of foraging strategies, and have stimulated the development of theories ...
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In many habitats, the first animal that a visitor is likely to notice is an ant forager. Ants are model systems for the study of foraging strategies, and have stimulated the development of theories in optimal foraging, central place foraging, risk and robustness, and search algorithms. Differences in diet, as well as differences in habitat structure, competitive environment, and colony size have likely led to the broad diversity of foraging and defence strategies in ants. Many factors affect foraging behaviour at the individual and colony levels, including energy requirements, distance to food resources, and avoidance of mortality. As a taxon, ants employ a range of strategies including morphological, chemical, and behavioural defences during foraging to defend both themselves and any resources they are handling.Less
In many habitats, the first animal that a visitor is likely to notice is an ant forager. Ants are model systems for the study of foraging strategies, and have stimulated the development of theories in optimal foraging, central place foraging, risk and robustness, and search algorithms. Differences in diet, as well as differences in habitat structure, competitive environment, and colony size have likely led to the broad diversity of foraging and defence strategies in ants. Many factors affect foraging behaviour at the individual and colony levels, including energy requirements, distance to food resources, and avoidance of mortality. As a taxon, ants employ a range of strategies including morphological, chemical, and behavioural defences during foraging to defend both themselves and any resources they are handling.
Suzanne Uniacke
- Published in print:
- 2007
- Published Online:
- January 2008
- ISBN:
- 9780199233137
- eISBN:
- 9780191716270
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199233137.003.0004
- Subject:
- Political Science, Political Theory
This chapter provides a general, philosophical account of the use of harmful force in self-defence as a type of retaliation. It argues that pre-emption — the use of harmful force for prevention — is ...
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This chapter provides a general, philosophical account of the use of harmful force in self-defence as a type of retaliation. It argues that pre-emption — the use of harmful force for prevention — is not an act of self-defence. The associations between the concepts of retaliation, self-defence, and pre-emption are discussed.Less
This chapter provides a general, philosophical account of the use of harmful force in self-defence as a type of retaliation. It argues that pre-emption — the use of harmful force for prevention — is not an act of self-defence. The associations between the concepts of retaliation, self-defence, and pre-emption are discussed.
Phuong Pham
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199580361
- eISBN:
- 9780191722691
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199580361.003.0005
- Subject:
- History, British and Irish Modern History
Chapter 4 begins with the Wilson Government and the ANZUS allies fitfully trying to implement the policy of quadripartite co‐operation heralded in the 1966 Defence White Paper. With the countries ...
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Chapter 4 begins with the Wilson Government and the ANZUS allies fitfully trying to implement the policy of quadripartite co‐operation heralded in the 1966 Defence White Paper. With the countries still in deep disagreement over basic strategy, however, this exercise barely got off the ground. Meanwhile, Britain's financial position sharply deteriorated, with a mid‐year seamen's strike exacerbating the country's balance of payments problems. In the ensuing 1966 Sterling crisis, economic ministers pushed for an immediate, sharp cut in overseas defence expenditure. This demand was deflected by the Foreign Secretary into more measured cuts, which would not affect the basic thrust of foreign policy. In the aftermath, however, the Government initiated new Defence Expenditure Studies, aimed at reducing the annual defence budget to a target of £1850 million.Less
Chapter 4 begins with the Wilson Government and the ANZUS allies fitfully trying to implement the policy of quadripartite co‐operation heralded in the 1966 Defence White Paper. With the countries still in deep disagreement over basic strategy, however, this exercise barely got off the ground. Meanwhile, Britain's financial position sharply deteriorated, with a mid‐year seamen's strike exacerbating the country's balance of payments problems. In the ensuing 1966 Sterling crisis, economic ministers pushed for an immediate, sharp cut in overseas defence expenditure. This demand was deflected by the Foreign Secretary into more measured cuts, which would not affect the basic thrust of foreign policy. In the aftermath, however, the Government initiated new Defence Expenditure Studies, aimed at reducing the annual defence budget to a target of £1850 million.
Alan M. Dershowitz
- Published in print:
- 2003
- Published Online:
- November 2003
- ISBN:
- 9780195158076
- eISBN:
- 9780199869848
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195158075.003.0004
- Subject:
- Political Science, American Politics
Aims to demonstrate that, during the (Bush vs Gore) US presidential election of 2000, by any reasonable standard of evaluation, the majority justices of the US Supreme Court failed to test the US ...
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Aims to demonstrate that, during the (Bush vs Gore) US presidential election of 2000, by any reasonable standard of evaluation, the majority justices of the US Supreme Court failed to test the US constitutional system in ways that it had never been tested before, and did so not because of incompetence, but because of malice aforethought. The author states that he is convinced that if it had been Bush rather than Gore who needed the Florida recount in order to have any chance of winning the election, that at least some of the five justices who voted to stop the recount would instead have voted to allow it to proceed. The main sections of the chapter are: Judicial Impropriety; Hypothetical Cases Involving a Supreme Court Decision Regarding a Presidential Election; The Difficulty of Proving an Improper Motive; Academic Defenders of the Majority Justices; Ad Hominem Arguments and Analysis of Motive; and Analysing the Justices’ Motives in Bush vs Gore: A Prelude.Less
Aims to demonstrate that, during the (Bush vs Gore) US presidential election of 2000, by any reasonable standard of evaluation, the majority justices of the US Supreme Court failed to test the US constitutional system in ways that it had never been tested before, and did so not because of incompetence, but because of malice aforethought. The author states that he is convinced that if it had been Bush rather than Gore who needed the Florida recount in order to have any chance of winning the election, that at least some of the five justices who voted to stop the recount would instead have voted to allow it to proceed. The main sections of the chapter are: Judicial Impropriety; Hypothetical Cases Involving a Supreme Court Decision Regarding a Presidential Election; The Difficulty of Proving an Improper Motive; Academic Defenders of the Majority Justices; Ad Hominem Arguments and Analysis of Motive; and Analysing the Justices’ Motives in Bush vs Gore: A Prelude.
Anand Menon
- Published in print:
- 2008
- Published Online:
- September 2008
- ISBN:
- 9780199535026
- eISBN:
- 9780191715860
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199535026.003.0008
- Subject:
- Political Science, Comparative Politics, European Union
Despite acute international tensions, the EU has failed to exert influence, especially in security matters most requiring heroic leadership. The EU has no defence responsibility or capability, and ...
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Despite acute international tensions, the EU has failed to exert influence, especially in security matters most requiring heroic leadership. The EU has no defence responsibility or capability, and seeks indirect influence through the Common Foreign and Security Policy, the Anglo-French European Security and Defence Policy, and through other policies. The main actors are the Council Secretariat and the Political and Security Committee, but lack of clear institutional lines of authority results in disputes, notably over relations with NATO and policy implementation despite the efforts of the High Representative for foreign policy. Because foreign and security policy are member state responsibilities, the EU is condemned to leaderlessness and concentration on non-military tasks and ambitious schemes are unrealistic. It should reduce institutional overlap to achieve greater coherence in action.Less
Despite acute international tensions, the EU has failed to exert influence, especially in security matters most requiring heroic leadership. The EU has no defence responsibility or capability, and seeks indirect influence through the Common Foreign and Security Policy, the Anglo-French European Security and Defence Policy, and through other policies. The main actors are the Council Secretariat and the Political and Security Committee, but lack of clear institutional lines of authority results in disputes, notably over relations with NATO and policy implementation despite the efforts of the High Representative for foreign policy. Because foreign and security policy are member state responsibilities, the EU is condemned to leaderlessness and concentration on non-military tasks and ambitious schemes are unrealistic. It should reduce institutional overlap to achieve greater coherence in action.
