Uwe Steinhoff
- Published in print:
- 2007
- Published Online:
- September 2007
- ISBN:
- 9780199217373
- eISBN:
- 9780191712470
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199217373.001.0001
- Subject:
- Political Science, Political Theory
This book describes and explains the basic tenets of just war theory and gives a precise, succinct, and highly critical account of its present status and of the most important and controversial ...
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This book describes and explains the basic tenets of just war theory and gives a precise, succinct, and highly critical account of its present status and of the most important and controversial current debates surrounding it. Rejecting certain traditional, in effect medieval assumptions of just war theory and advancing a liberal outlook, it argues that every single individual is a legitimate authority and has, under certain circumstances, the right to declare war on others or the state. It also argues that just cause cannot be established independently of the other criteria of ius ad bellum (the justification for entering into war), except for right intention, which the book interprets more leniently than is traditional. Turning to ius in bello (which governs the conduct of a war) the book criticizes the doctrine of double effect and concludes that insofar as wars kill innocents, albeit as ‘collateral damage’, they cannot be just, but at best justified as the lesser evil. The book gives particular attention to the question why soldiers, allegedly, are legitimate targets and civilians not. Discussing four approaches to the explanation of the difference, it is argued that the four principles underlying them should all be taken into account and outlines how their comparative weighting can proceed when applied to concrete cases. The resulting approach does not square the distinction between legitimate and illegitimate targets with that between soldiers and civilians: this has extremely important consequences for the conduct of war. Finally, the book analyses the concept of terrorism, arguing that some forms of ‘terrorism’ are not terrorism at all and that, under certain circumstances, even terrorism proper can be justified.Less
This book describes and explains the basic tenets of just war theory and gives a precise, succinct, and highly critical account of its present status and of the most important and controversial current debates surrounding it. Rejecting certain traditional, in effect medieval assumptions of just war theory and advancing a liberal outlook, it argues that every single individual is a legitimate authority and has, under certain circumstances, the right to declare war on others or the state. It also argues that just cause cannot be established independently of the other criteria of ius ad bellum (the justification for entering into war), except for right intention, which the book interprets more leniently than is traditional. Turning to ius in bello (which governs the conduct of a war) the book criticizes the doctrine of double effect and concludes that insofar as wars kill innocents, albeit as ‘collateral damage’, they cannot be just, but at best justified as the lesser evil. The book gives particular attention to the question why soldiers, allegedly, are legitimate targets and civilians not. Discussing four approaches to the explanation of the difference, it is argued that the four principles underlying them should all be taken into account and outlines how their comparative weighting can proceed when applied to concrete cases. The resulting approach does not square the distinction between legitimate and illegitimate targets with that between soldiers and civilians: this has extremely important consequences for the conduct of war. Finally, the book analyses the concept of terrorism, arguing that some forms of ‘terrorism’ are not terrorism at all and that, under certain circumstances, even terrorism proper can be justified.
William R. Clark
- Published in print:
- 2008
- Published Online:
- September 2008
- ISBN:
- 9780195336634
- eISBN:
- 9780199868568
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195336634.001.0001
- Subject:
- Biology, Disease Ecology / Epidemiology
The immune system is the only thing standing between us and a world of microbial predators that could send us to an early and ugly death. It would be our only defense during the first hours of a ...
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The immune system is the only thing standing between us and a world of microbial predators that could send us to an early and ugly death. It would be our only defense during the first hours of a bioterrorist attack using some of these very microbes. Evolved over millions of years of to keep us alive long enough to reproduce, the immune system has developed an impressive armamentarium of powerful chemical and cellular weapons that make short work of hostile viruses and bacteria. It has also evolved amazing genetic strategies to keep pace with invading microbes that can reproduce — and thus alter their genetic blueprint — in under an hour. But this same system prevents us from accepting life-saving organ transplants. It is also capable of over-reacting, leading to immunopathologies and causing serious, even lethal, damage to our tissues and organs. Worse yet, our immune systems may decide we ourselves are foreign and attack otherwise healthy tissues, resulting in autoimmune disease. And finally, it is itself the target of one of the most deadly viruses humans have ever known: HIV, the agent of AIDS. Part I of this book describes the structure and function of the immune system at a biological and biochemical level. Part II examines the role of the immune system in a range of human diseases — many caused by the immune system itself.Less
The immune system is the only thing standing between us and a world of microbial predators that could send us to an early and ugly death. It would be our only defense during the first hours of a bioterrorist attack using some of these very microbes. Evolved over millions of years of to keep us alive long enough to reproduce, the immune system has developed an impressive armamentarium of powerful chemical and cellular weapons that make short work of hostile viruses and bacteria. It has also evolved amazing genetic strategies to keep pace with invading microbes that can reproduce — and thus alter their genetic blueprint — in under an hour. But this same system prevents us from accepting life-saving organ transplants. It is also capable of over-reacting, leading to immunopathologies and causing serious, even lethal, damage to our tissues and organs. Worse yet, our immune systems may decide we ourselves are foreign and attack otherwise healthy tissues, resulting in autoimmune disease. And finally, it is itself the target of one of the most deadly viruses humans have ever known: HIV, the agent of AIDS. Part I of this book describes the structure and function of the immune system at a biological and biochemical level. Part II examines the role of the immune system in a range of human diseases — many caused by the immune system itself.
Jeff McMahan
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199548668
- eISBN:
- 9780191721045
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199548668.001.0001
- Subject:
- Philosophy, Moral Philosophy, Philosophy of Language
Killing a person is in general among the most seriously wrongful forms of action, yet most of us accept that it can be permissible to kill people on a large scale in war. Does morality become more ...
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Killing a person is in general among the most seriously wrongful forms of action, yet most of us accept that it can be permissible to kill people on a large scale in war. Does morality become more permissive in a state of war? This book argues that conditions in war make no difference to what morality permits and that the justifications for killing people are the same in war as they are in other contexts, such as individual self-defence. This view is radically at odds with the traditional theory of the just war and has implications that challenge common sense views. It implies, for example, that it is wrong to fight in a war that is unjust because it lacks a just cause, that those who fight in a just war are not legitimate targets of attack, and that some civilians may, in principle if not in practice, be morally liable to suffer certain harms in war.Less
Killing a person is in general among the most seriously wrongful forms of action, yet most of us accept that it can be permissible to kill people on a large scale in war. Does morality become more permissive in a state of war? This book argues that conditions in war make no difference to what morality permits and that the justifications for killing people are the same in war as they are in other contexts, such as individual self-defence. This view is radically at odds with the traditional theory of the just war and has implications that challenge common sense views. It implies, for example, that it is wrong to fight in a war that is unjust because it lacks a just cause, that those who fight in a just war are not legitimate targets of attack, and that some civilians may, in principle if not in practice, be morally liable to suffer certain harms in war.
Menno T. Kamminga and Martin Scheinin (eds)
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199565221
- eISBN:
- 9780191705281
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199565221.001.0001
- Subject:
- Law, Human Rights and Immigration, Public International Law
Traditional international law aims to protect the values and interests of states. The rapidly increasing corpus of international human rights law (including international humanitarian law and ...
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Traditional international law aims to protect the values and interests of states. The rapidly increasing corpus of international human rights law (including international humanitarian law and international criminal law) increasingly challenges the basic tenets of general international law. In order to become accepted as the law of the world community, general international law needs to reflect better the values and interests of a wider range of actors, including the individual. This book examines the impact of international human rights law on general international law. It considers areas including the structure of international obligations, the formation of customary international law, treaty law, immunities, state responsibility, and diplomatic protection. The book traces the extent to which concepts emanating from international human rights law are being incorporated by the guardians of traditional international law: the International Court of Justice and the International Law Commission.Less
Traditional international law aims to protect the values and interests of states. The rapidly increasing corpus of international human rights law (including international humanitarian law and international criminal law) increasingly challenges the basic tenets of general international law. In order to become accepted as the law of the world community, general international law needs to reflect better the values and interests of a wider range of actors, including the individual. This book examines the impact of international human rights law on general international law. It considers areas including the structure of international obligations, the formation of customary international law, treaty law, immunities, state responsibility, and diplomatic protection. The book traces the extent to which concepts emanating from international human rights law are being incorporated by the guardians of traditional international law: the International Court of Justice and the International Law Commission.
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/9780199214310.003.0003
- Subject:
- Political Science, International Relations and Politics
This chapter follows on from the previous by exploring how the pluralist – solidarist distinction at the heart of English School inquiry manifests itself in the question of whether states have a ...
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This chapter follows on from the previous by exploring how the pluralist – solidarist distinction at the heart of English School inquiry manifests itself in the question of whether states have a right and duty to extradite or prosecute individuals charged with crimes that offend humanity. By focusing on the Pinochet case before the House of Lords and the Arrest Warrant or Yerodia case before the International Court of Justice it demonstrates how the pluralist concern for order within and between states has restrained the solidarist enthusiasm for universal jurisdiction. The chapter includes a section on the politics of international criminal justice. This advances the argument that the US prefers to limit the decision to prosecute to states because its position of relative power means that it can more or less guarantee its interests and protect its personnel from international criminal accountability. This is illustrated by focusing on the US response to Belgian legislation that enabled its national courts to exercise universal jurisdiction.Less
This chapter follows on from the previous by exploring how the pluralist – solidarist distinction at the heart of English School inquiry manifests itself in the question of whether states have a right and duty to extradite or prosecute individuals charged with crimes that offend humanity. By focusing on the Pinochet case before the House of Lords and the Arrest Warrant or Yerodia case before the International Court of Justice it demonstrates how the pluralist concern for order within and between states has restrained the solidarist enthusiasm for universal jurisdiction. The chapter includes a section on the politics of international criminal justice. This advances the argument that the US prefers to limit the decision to prosecute to states because its position of relative power means that it can more or less guarantee its interests and protect its personnel from international criminal accountability. This is illustrated by focusing on the US response to Belgian legislation that enabled its national courts to exercise universal jurisdiction.
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/9780199214310.003.0006
- Subject:
- Political Science, International Relations and Politics
In stark contrast to American policy, European states have embraced the ICC. This chapter examines what this tells us about Europe as an actor on the global state. Drawing on Andrew Linklater's ...
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In stark contrast to American policy, European states have embraced the ICC. This chapter examines what this tells us about Europe as an actor on the global state. Drawing on Andrew Linklater's conception of a post‐Westphalian political association, the chapter examines how the European Union and its member governments have interacted with Westphalian states like the US on matters relating to the ICC. In particular the chapter focuses on the political dilemmas created by US attempts to exempt its citizens from the ICC's jurisdiction and it uses these as case studies to illustrate how support for the Court impacts on our understanding of good international citizenship. The chapter offers detailed accounts of the debate on bilateral non‐surrender or bilateral immunity agreements, the debate at the Security Council on exemptions for peacekeepers, and the Security Council's decision to refer the situation in Darfur to the ICC.Less
In stark contrast to American policy, European states have embraced the ICC. This chapter examines what this tells us about Europe as an actor on the global state. Drawing on Andrew Linklater's conception of a post‐Westphalian political association, the chapter examines how the European Union and its member governments have interacted with Westphalian states like the US on matters relating to the ICC. In particular the chapter focuses on the political dilemmas created by US attempts to exempt its citizens from the ICC's jurisdiction and it uses these as case studies to illustrate how support for the Court impacts on our understanding of good international citizenship. The chapter offers detailed accounts of the debate on bilateral non‐surrender or bilateral immunity agreements, the debate at the Security Council on exemptions for peacekeepers, and the Security Council's decision to refer the situation in Darfur to the ICC.
Richard Caplan
- Published in print:
- 2005
- Published Online:
- July 2005
- ISBN:
- 9780199263455
- eISBN:
- 9780191602726
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199263450.003.0010
- Subject:
- Political Science, International Relations and Politics
Although international administrators wield enormous power, they are not directly accountable to the populations over which they rule. Strictly speaking, a transitional administrator is accountable ...
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Although international administrators wield enormous power, they are not directly accountable to the populations over which they rule. Strictly speaking, a transitional administrator is accountable to the international body that appoints him or her. The lack of transparency is one way in which the issue of accountability manifests itself: key decisions may be taken by international authorities without sufficient public explanation offered for the reasoning behind them, creating the impression of arbitrary rule. Limited accountability does not, however, mean the total absence of mechanisms for local scrutiny. Discusses what mechanisms exist to help ensure that international authority is exercised on behalf of, and for the benefit of, the local population. Are these mechanisms adequate and, if not, how can accountability be strengthened?Less
Although international administrators wield enormous power, they are not directly accountable to the populations over which they rule. Strictly speaking, a transitional administrator is accountable to the international body that appoints him or her. The lack of transparency is one way in which the issue of accountability manifests itself: key decisions may be taken by international authorities without sufficient public explanation offered for the reasoning behind them, creating the impression of arbitrary rule. Limited accountability does not, however, mean the total absence of mechanisms for local scrutiny. Discusses what mechanisms exist to help ensure that international authority is exercised on behalf of, and for the benefit of, the local population. Are these mechanisms adequate and, if not, how can accountability be strengthened?
Rosanne Van Alebeek
- Published in print:
- 2008
- Published Online:
- March 2012
- ISBN:
- 9780199232475
- eISBN:
- 9780191696558
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199232475.001.0001
- Subject:
- Law, Public International Law
This book examines the tension between international immunity rules, international human rights law, and international criminal law. The progressive development of a normative system of international ...
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This book examines the tension between international immunity rules, international human rights law, and international criminal law. The progressive development of a normative system of international human rights law and international criminal law without the simultaneous development of international institutional enforcement mechanisms brought the question of the role of national courts in the application of these norms to the fore and has made the question as to the relation between immunity rules and human rights and international criminal law an immediate one. The tension between the centuries old immunity rules and the relatively recent developments in international human rights law and international criminal law presents itself in two distinct forms. Firstly, it can be questioned whether immunity rules as such are compatible with certain fundamental rights of individuals under international law such as the rights of access to court, the right to a remedy, or the right to effective protection. Secondly, it can be questioned whether immunity rules apply unabridged in proceedings concerning grave human rights abuses. This book sets out to clearly distinguish the different scope and nature of the rule of state immunity, the rule of functional immunity, and the personal immunity of diplomatic agents and heads of state. While strong arguments against certain applications of immunity rules can be derived from international human rights law and international criminal law, this book argues that an unqualified attack on immunity rules risks casting a shadow over all human rights based arguments.Less
This book examines the tension between international immunity rules, international human rights law, and international criminal law. The progressive development of a normative system of international human rights law and international criminal law without the simultaneous development of international institutional enforcement mechanisms brought the question of the role of national courts in the application of these norms to the fore and has made the question as to the relation between immunity rules and human rights and international criminal law an immediate one. The tension between the centuries old immunity rules and the relatively recent developments in international human rights law and international criminal law presents itself in two distinct forms. Firstly, it can be questioned whether immunity rules as such are compatible with certain fundamental rights of individuals under international law such as the rights of access to court, the right to a remedy, or the right to effective protection. Secondly, it can be questioned whether immunity rules apply unabridged in proceedings concerning grave human rights abuses. This book sets out to clearly distinguish the different scope and nature of the rule of state immunity, the rule of functional immunity, and the personal immunity of diplomatic agents and heads of state. While strong arguments against certain applications of immunity rules can be derived from international human rights law and international criminal law, this book argues that an unqualified attack on immunity rules risks casting a shadow over all human rights based arguments.
George A. Bermann
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199245000
- eISBN:
- 9780191599996
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199245002.003.0008
- Subject:
- Political Science, European Union
Federal systems are about the distribution of legal and political power, but law is not only one of the currencies of federalism, it is also one of federalism's most important supports; this chapter ...
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Federal systems are about the distribution of legal and political power, but law is not only one of the currencies of federalism, it is also one of federalism's most important supports; this chapter considers the role that law plays in establishing and enforcing the system by which both legal and political power are distributed within the USA and the EU. Bermann explores the various ways in which the courts can, and choose to, enforce the principles of federalism beyond the classical ‘political’ and ‘procedural’ safeguards provided by the institutional structures themselves and the constraints on the deliberative process. He describes the reluctance on the part of courts on both sides to police the borders of enumerated competences, assess the ‘necessity’ of federal action, or carve out the ‘core’ of state sovereignty, all of which are ways of ‘second‐guessing’ the political process; he then points to the recent emphasis of the USA Supreme Court on what he calls the ‘relational’ aspects of federalism, whereby courts can identify ‘forbidden interfaces’ between State and federal governments, even without specific constitutional grounds. Bermann uses the examples of sovereign immunity and of anti‐commandeering to illustrate the manner in which court‐enforced constraints on the manner in which different levels of government interact can protect and promote democratic accountability in the USA. In contrast, European Union law offers no protection against risks to democracy from commandeering, but more broadly relies almost exclusively on the representation of member states and sub‐national units in the Council as structural political safeguards.Less
Federal systems are about the distribution of legal and political power, but law is not only one of the currencies of federalism, it is also one of federalism's most important supports; this chapter considers the role that law plays in establishing and enforcing the system by which both legal and political power are distributed within the USA and the EU. Bermann explores the various ways in which the courts can, and choose to, enforce the principles of federalism beyond the classical ‘political’ and ‘procedural’ safeguards provided by the institutional structures themselves and the constraints on the deliberative process. He describes the reluctance on the part of courts on both sides to police the borders of enumerated competences, assess the ‘necessity’ of federal action, or carve out the ‘core’ of state sovereignty, all of which are ways of ‘second‐guessing’ the political process; he then points to the recent emphasis of the USA Supreme Court on what he calls the ‘relational’ aspects of federalism, whereby courts can identify ‘forbidden interfaces’ between State and federal governments, even without specific constitutional grounds. Bermann uses the examples of sovereign immunity and of anti‐commandeering to illustrate the manner in which court‐enforced constraints on the manner in which different levels of government interact can protect and promote democratic accountability in the USA. In contrast, European Union law offers no protection against risks to democracy from commandeering, but more broadly relies almost exclusively on the representation of member states and sub‐national units in the Council as structural political safeguards.
William R. Clark
- Published in print:
- 2008
- Published Online:
- September 2008
- ISBN:
- 9780195336634
- eISBN:
- 9780199868568
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195336634.003.0005
- Subject:
- Biology, Disease Ecology / Epidemiology
This chapter deals with the body's response to disease caused by infection with bacteria, viruses, or other microbes. The fundamental response is based on inflammation, which is mediated by the ...
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This chapter deals with the body's response to disease caused by infection with bacteria, viruses, or other microbes. The fundamental response is based on inflammation, which is mediated by the evolutionarily oldest elements of the immune system refered to as innate immunity (as opposed to adaptive immunity). Innate immunity is described in detail, and it is shown how it is greatly amplified by cells of the adaptive immune system: T and B cells. The role of dendritic cells and class I MHC molecules is discussed. The chapter also looks more closely at how T cells deal with intracellular invasion by microbes (intracellular parasites).Less
This chapter deals with the body's response to disease caused by infection with bacteria, viruses, or other microbes. The fundamental response is based on inflammation, which is mediated by the evolutionarily oldest elements of the immune system refered to as innate immunity (as opposed to adaptive immunity). Innate immunity is described in detail, and it is shown how it is greatly amplified by cells of the adaptive immune system: T and B cells. The role of dendritic cells and class I MHC molecules is discussed. The chapter also looks more closely at how T cells deal with intracellular invasion by microbes (intracellular parasites).
Mohamed Shahabuddeen
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199670826
- eISBN:
- 9780191751523
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199670826.001.0001
- Subject:
- Law, Public International Law, Criminal Law and Criminology
International criminal justice has undergone rapid recent development. Since the establishment of the International Criminal Tribunal for the former Yugoslavia (ICTY) in 1993, and the International ...
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International criminal justice has undergone rapid recent development. Since the establishment of the International Criminal Tribunal for the former Yugoslavia (ICTY) in 1993, and the International Criminal Tribunal for Rwanda (ICTR) in the following year, the field has changed beyond recognition. The traditional immunity of presidents or heads of government, prime ministers, and other functionaries acting in an official capacity no longer prevails; the doctrine of superior orders is inapplicable except, where appropriate, as in mitigation; and the gap between international armed conflict and non-international armed conflict has closed. More generally, the bridge has been crossed between the irresponsibility of the state and the criminal responsibility of the individual. As a result, the traditional impunity of the state has practically gone. This book assesses some of the workings of the ICTY that have shaped these developments. It provides an insightful overview of the nature of this criminal court, established on behalf of the whole of the international community. It reflects on its transformation into one of the leading fora for the growth of international criminal law first-hand, offering a unique perspective on the challenges it has faced.Less
International criminal justice has undergone rapid recent development. Since the establishment of the International Criminal Tribunal for the former Yugoslavia (ICTY) in 1993, and the International Criminal Tribunal for Rwanda (ICTR) in the following year, the field has changed beyond recognition. The traditional immunity of presidents or heads of government, prime ministers, and other functionaries acting in an official capacity no longer prevails; the doctrine of superior orders is inapplicable except, where appropriate, as in mitigation; and the gap between international armed conflict and non-international armed conflict has closed. More generally, the bridge has been crossed between the irresponsibility of the state and the criminal responsibility of the individual. As a result, the traditional impunity of the state has practically gone. This book assesses some of the workings of the ICTY that have shaped these developments. It provides an insightful overview of the nature of this criminal court, established on behalf of the whole of the international community. It reflects on its transformation into one of the leading fora for the growth of international criminal law first-hand, offering a unique perspective on the challenges it has faced.
Nichole A. Broderick, David P. Welchman, and Bruno Lemaitre
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199551354
- eISBN:
- 9780191720505
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199551354.003.0002
- Subject:
- Biology, Evolutionary Biology / Genetics, Disease Ecology / Epidemiology
This chapter discusses the mechanisms whereby Drosophila recognize foreign microbes, the signalling systems that regulate adapted responses against them, and the effector mechanisms used to control ...
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This chapter discusses the mechanisms whereby Drosophila recognize foreign microbes, the signalling systems that regulate adapted responses against them, and the effector mechanisms used to control them. It first focuses on the so-called systemic antimicrobial response. The second section of the chapter looks at local immune response, particularly gut epithelial immunity. The final section of the chapter discusses current research themes exploring the integration of local and systemic immunity, as well as their integration in host physiology.Less
This chapter discusses the mechanisms whereby Drosophila recognize foreign microbes, the signalling systems that regulate adapted responses against them, and the effector mechanisms used to control them. It first focuses on the so-called systemic antimicrobial response. The second section of the chapter looks at local immune response, particularly gut epithelial immunity. The final section of the chapter discusses current research themes exploring the integration of local and systemic immunity, as well as their integration in host physiology.
David Schneider
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199551354
- eISBN:
- 9780191720505
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199551354.003.0007
- Subject:
- Biology, Evolutionary Biology / Genetics, Disease Ecology / Epidemiology
Understanding how insect immunity is regulated requires studying the interactions of all those aspects of physiology that impact immunity. This includes both resistance and tolerance aspects of ...
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Understanding how insect immunity is regulated requires studying the interactions of all those aspects of physiology that impact immunity. This includes both resistance and tolerance aspects of defence as well as all of the other assorted physiological systems of the insect that alter the immune response. It is hypothesized that an insect's innate immune responses is in the centre of a physiological net and the immune response is sensitive to changes throughout this net. This chapter tries to tie all of these physiological strands together and demonstrate how innate immunity alters the gross physiology of an insect and how the gross physiology, in turn, alters the immune response. An emergent property that falls out of this analysis is the prediction of several types of physiological collapse — these collapses result from positive-feedback loops that lead to amplified and damage-inducing immune/physiological responses.Less
Understanding how insect immunity is regulated requires studying the interactions of all those aspects of physiology that impact immunity. This includes both resistance and tolerance aspects of defence as well as all of the other assorted physiological systems of the insect that alter the immune response. It is hypothesized that an insect's innate immune responses is in the centre of a physiological net and the immune response is sensitive to changes throughout this net. This chapter tries to tie all of these physiological strands together and demonstrate how innate immunity alters the gross physiology of an insect and how the gross physiology, in turn, alters the immune response. An emergent property that falls out of this analysis is the prediction of several types of physiological collapse — these collapses result from positive-feedback loops that lead to amplified and damage-inducing immune/physiological responses.
Sebastien Moreau, Elisabeth Huguet, and Jean-Michel Drezen
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199551354
- eISBN:
- 9780191720505
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199551354.003.0009
- Subject:
- Biology, Evolutionary Biology / Genetics, Disease Ecology / Epidemiology
The associations between several thousands of parasitic wasps and viruses (polydnaviruses or PDVs) represent a unique example where a complex virus machinery has been domesticated by one organism ...
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The associations between several thousands of parasitic wasps and viruses (polydnaviruses or PDVs) represent a unique example where a complex virus machinery has been domesticated by one organism (the parasitic wasp) to manipulate the physiology of another (the parasitized lepidopteran larval host). The viral machinery produces particles used to transfer and express virulence genes encoding factors that impair host immunity. PDV particles, injected along with parasite eggs into the host body, manipulate host immune defences and development, thus enabling wasp larvae to survive and develop in a potentially harmful environment. This chapter begins by presenting the characteristics of PDVs and the origin of the genes they encode. It then describes the general effect of PDVs on the insect immune system, and finally reviews functional analyses of PDV products.Less
The associations between several thousands of parasitic wasps and viruses (polydnaviruses or PDVs) represent a unique example where a complex virus machinery has been domesticated by one organism (the parasitic wasp) to manipulate the physiology of another (the parasitized lepidopteran larval host). The viral machinery produces particles used to transfer and express virulence genes encoding factors that impair host immunity. PDV particles, injected along with parasite eggs into the host body, manipulate host immune defences and development, thus enabling wasp larvae to survive and develop in a potentially harmful environment. This chapter begins by presenting the characteristics of PDVs and the origin of the genes they encode. It then describes the general effect of PDVs on the insect immune system, and finally reviews functional analyses of PDV products.
James Pattison
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199561049
- eISBN:
- 9780191722318
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199561049.003.0004
- Subject:
- Political Science, Comparative Politics, International Relations and Politics
This chapter defends the moral importance of an intervener's fidelity to the principles to jus in bello (principles of just conduct in war). It begins by outlining the particular principles of ...
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This chapter defends the moral importance of an intervener's fidelity to the principles to jus in bello (principles of just conduct in war). It begins by outlining the particular principles of ‘external jus in bello’ that an intervener should follow (focusing largely on discrimination and proportionality). It draws on Jeff McMahan's work and the nature of humanitarian intervention to claim that these principles should be highly restrictive. The chapter then asserts two principles of ‘internal jus in bello’. The second section considers more broadly the moral underpinnings of the principles of jus in bello. It claims that consequentialist justifications of these principles cannot fully grasp their moral significance and particularly the difference between doing and allowing. The final section considers the ‘Absolutist Challenge’—that the principles of jus in bello defended are too important and consequently render humanitarian intervention impermissible. After rejecting the doctrine of double effect as a solution to this challenge, the chapter invokes the scalar account of legitimacy to respond to this objection.Less
This chapter defends the moral importance of an intervener's fidelity to the principles to jus in bello (principles of just conduct in war). It begins by outlining the particular principles of ‘external jus in bello’ that an intervener should follow (focusing largely on discrimination and proportionality). It draws on Jeff McMahan's work and the nature of humanitarian intervention to claim that these principles should be highly restrictive. The chapter then asserts two principles of ‘internal jus in bello’. The second section considers more broadly the moral underpinnings of the principles of jus in bello. It claims that consequentialist justifications of these principles cannot fully grasp their moral significance and particularly the difference between doing and allowing. The final section considers the ‘Absolutist Challenge’—that the principles of jus in bello defended are too important and consequently render humanitarian intervention impermissible. After rejecting the doctrine of double effect as a solution to this challenge, the chapter invokes the scalar account of legitimacy to respond to this objection.
Randy E. Barnett
- Published in print:
- 2013
- Published Online:
- October 2017
- ISBN:
- 9780691159737
- eISBN:
- 9781400848133
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691159737.003.0011
- Subject:
- Law, Constitutional and Administrative Law
This chapter examines how a Presumption of Liberty can protect the unenumerable rights retained by the people by shifting the background interpretive presumption of constitutionality whenever ...
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This chapter examines how a Presumption of Liberty can protect the unenumerable rights retained by the people by shifting the background interpretive presumption of constitutionality whenever legislation restricts the liberties of the people. One approach that judges may take toward legislation restricting the retained liberties of the people is to protect all the rights retained by the people equally whether enumerated or unenumerated. The question that arises is how one would identify the unenumerated rights retained by the people, or how to define the “substantive sphere of liberty” that is protected by the Privileges or Immunities Clause of the Fourteenth Amendment. Because ignoring all unenumerated rights violates the mandate of the Ninth Amendment, the chapter considers two alternatives: using originalism to identify specific unenumerated rights and the Presumption of Liberty.Less
This chapter examines how a Presumption of Liberty can protect the unenumerable rights retained by the people by shifting the background interpretive presumption of constitutionality whenever legislation restricts the liberties of the people. One approach that judges may take toward legislation restricting the retained liberties of the people is to protect all the rights retained by the people equally whether enumerated or unenumerated. The question that arises is how one would identify the unenumerated rights retained by the people, or how to define the “substantive sphere of liberty” that is protected by the Privileges or Immunities Clause of the Fourteenth Amendment. Because ignoring all unenumerated rights violates the mandate of the Ninth Amendment, the chapter considers two alternatives: using originalism to identify specific unenumerated rights and the Presumption of Liberty.
Randy E. Barnett
- Published in print:
- 2013
- Published Online:
- October 2017
- ISBN:
- 9780691159737
- eISBN:
- 9781400848133
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691159737.003.0004
- Subject:
- Law, Constitutional and Administrative Law
This chapter examines the conception of rights held by the people who wrote and adopted the original Constitution and also by those who wrote and adopted the Fourteenth Amendment. If the framers held ...
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This chapter examines the conception of rights held by the people who wrote and adopted the original Constitution and also by those who wrote and adopted the Fourteenth Amendment. If the framers held certain views of rights, their conception of rights was correct, and if they incorporated effective procedural protections of these rights into the Constitution, then the laws that are produced by this constitutional process will be binding in conscience. The terms “rights,” “liberties,” “privileges,” and “immunities” were often used interchangeably or in a cluster. The chapter analyzes the founders' view of natural rights as liberty rights as well as their universal belief in popular sovereignty. It argues that those who subscribe to the fiction of “We the People” precisely because they reject the reality of natural rights and can see no alternative path to constitutional legitimacy are wrong on both counts.Less
This chapter examines the conception of rights held by the people who wrote and adopted the original Constitution and also by those who wrote and adopted the Fourteenth Amendment. If the framers held certain views of rights, their conception of rights was correct, and if they incorporated effective procedural protections of these rights into the Constitution, then the laws that are produced by this constitutional process will be binding in conscience. The terms “rights,” “liberties,” “privileges,” and “immunities” were often used interchangeably or in a cluster. The chapter analyzes the founders' view of natural rights as liberty rights as well as their universal belief in popular sovereignty. It argues that those who subscribe to the fiction of “We the People” precisely because they reject the reality of natural rights and can see no alternative path to constitutional legitimacy are wrong on both counts.
Randy E. Barnett
- Published in print:
- 2013
- Published Online:
- October 2017
- ISBN:
- 9780691159737
- eISBN:
- 9781400848133
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691159737.003.0009
- Subject:
- Law, Constitutional and Administrative Law
This chapter examines the original meaning of the Privileges or Immunities Clause of the Fourteenth Amendment in order to determine what stance federal courts should take toward state laws. The ...
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This chapter examines the original meaning of the Privileges or Immunities Clause of the Fourteenth Amendment in order to determine what stance federal courts should take toward state laws. The original Constitution contained several explicit restrictions on state power. In the early years of the Republic, federal courts actively scrutinized state enactments to ensure they did not violate these expressed prohibitions, especially the Contracts Clause. When it came to legislation not implicating these prohibitions, however, the courts deferred to states in their exercise of their police power. The chapter first considers what the term “privileges or immunities” encompasses before discussing the Supreme Court decision in the so-called Slaughter-House Cases, which set aside the original meaning of the Privileges or Immunities Clause. It then looks at the Due Process Clauses and shows that the due process of law includes judicial review.Less
This chapter examines the original meaning of the Privileges or Immunities Clause of the Fourteenth Amendment in order to determine what stance federal courts should take toward state laws. The original Constitution contained several explicit restrictions on state power. In the early years of the Republic, federal courts actively scrutinized state enactments to ensure they did not violate these expressed prohibitions, especially the Contracts Clause. When it came to legislation not implicating these prohibitions, however, the courts deferred to states in their exercise of their police power. The chapter first considers what the term “privileges or immunities” encompasses before discussing the Supreme Court decision in the so-called Slaughter-House Cases, which set aside the original meaning of the Privileges or Immunities Clause. It then looks at the Due Process Clauses and shows that the due process of law includes judicial review.
Stefan Talmon
- Published in print:
- 2001
- Published Online:
- January 2010
- ISBN:
- 9780199248391
- eISBN:
- 9780191715334
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199248391.003.0004
- Subject:
- Law, Public International Law
A government possesses the plenary and exclusive competence in international law to represent its state in the international sphere. This is the case for both in situ and governments in exile. This ...
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A government possesses the plenary and exclusive competence in international law to represent its state in the international sphere. This is the case for both in situ and governments in exile. This chapter examines the legal effects of recognition by looking at the different treatment accorded to authorities in exile recognized as a government and those not recognized as a government in the various areas of international intercourse not dependent on the exercise of effective control over territory. It argues that the legal status of a government does not prescribe a certain competence, privileges, and immunities which all authorities in exile must, to be governments, possess; rather it is a presumption that an authority in exile which is recognized as a government possesses that competence as well as those privileges and immunities unless otherwise provided for by the recognizing state.Less
A government possesses the plenary and exclusive competence in international law to represent its state in the international sphere. This is the case for both in situ and governments in exile. This chapter examines the legal effects of recognition by looking at the different treatment accorded to authorities in exile recognized as a government and those not recognized as a government in the various areas of international intercourse not dependent on the exercise of effective control over territory. It argues that the legal status of a government does not prescribe a certain competence, privileges, and immunities which all authorities in exile must, to be governments, possess; rather it is a presumption that an authority in exile which is recognized as a government possesses that competence as well as those privileges and immunities unless otherwise provided for by the recognizing state.
Stefan Talmon
- Published in print:
- 2001
- Published Online:
- January 2010
- ISBN:
- 9780199248391
- eISBN:
- 9780191715334
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199248391.003.0008
- Subject:
- Law, Public International Law
This book has showed that the term recognition and its variants, in the sense of recognition of governments, may be used in at least two different ways: they may indicate the recognizing state's ...
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This book has showed that the term recognition and its variants, in the sense of recognition of governments, may be used in at least two different ways: they may indicate the recognizing state's willingness to enter into diplomatic relations and/or express its opinion on the legal status of the authority recognized. With which meaning recognition is used in a particular case depends solely on the intention of the recognizing state. The institution of recognition of governments in international law is thus much more than simply the term ‘recognition’. Recognized governments in exile have the right to exercise governmental functions and to enjoy governmental privileges and immunities within the jurisdiction of the recognizing state.Less
This book has showed that the term recognition and its variants, in the sense of recognition of governments, may be used in at least two different ways: they may indicate the recognizing state's willingness to enter into diplomatic relations and/or express its opinion on the legal status of the authority recognized. With which meaning recognition is used in a particular case depends solely on the intention of the recognizing state. The institution of recognition of governments in international law is thus much more than simply the term ‘recognition’. Recognized governments in exile have the right to exercise governmental functions and to enjoy governmental privileges and immunities within the jurisdiction of the recognizing state.
