Rabinder Singh
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9780197265376
- eISBN:
- 9780191760426
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197265376.003.0008
- Subject:
- Law, Human Rights and Immigration
This chapter reflects on the impact of the Human Rights Act (HRA) in its first 10 years on litigation and, in particular, on advocacy. It suggests that the impact has been important but not ...
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This chapter reflects on the impact of the Human Rights Act (HRA) in its first 10 years on litigation and, in particular, on advocacy. It suggests that the impact has been important but not revolutionary: the HRA has fitted into the existing legal landscape and has not required radical changes to the rules on procedure and evidence. It examines four areas in which its impact can be felt: the nature of the evidence required in human rights cases; disclosure and candour in judicial review proceedings; the increased need for cross-examination of witnesses; and the role of third-party interveners because human rights cases tend to raise issues of importance to the wider public. Finally, it examines the increasing importance of international law in domestic cases, which can be attributed in part to the impact of the HRA.Less
This chapter reflects on the impact of the Human Rights Act (HRA) in its first 10 years on litigation and, in particular, on advocacy. It suggests that the impact has been important but not revolutionary: the HRA has fitted into the existing legal landscape and has not required radical changes to the rules on procedure and evidence. It examines four areas in which its impact can be felt: the nature of the evidence required in human rights cases; disclosure and candour in judicial review proceedings; the increased need for cross-examination of witnesses; and the role of third-party interveners because human rights cases tend to raise issues of importance to the wider public. Finally, it examines the increasing importance of international law in domestic cases, which can be attributed in part to the impact of the HRA.
Charles Heckscher, Michael Maccoby, Rafael Ramirez, and Pierre-Eric Tixier
- Published in print:
- 2003
- Published Online:
- January 2010
- ISBN:
- 9780199261758
- eISBN:
- 9780191718687
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199261758.001.0001
- Subject:
- Business and Management, Organization Studies
This book focuses on the transition faced by business organizations and their stakeholders as they move from protected markets to open competition, and it explores how these changes can be ...
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This book focuses on the transition faced by business organizations and their stakeholders as they move from protected markets to open competition, and it explores how these changes can be facilitated by outside interveners/agents. Centering on four case studies — AT&T, Lucent, Electricité de France, and the Italian State Railways — the book analyses the approach to intervention, the problems created by existing systems of stakeholder dialogue, and the prospects for change. It draws two fundamental lessons. Firstly, that intervention in these situations must be broad and involving — a ‘full engagement’ approach — in order to achieve changes in relations and identities among a range of players. The book explores the key elements and practical techniques of this approach. Secondly, that the issues ultimately go beyond improving union-management relations or organizational structures; even in the best cases, the players have been unable to reach stable agreements in the face of continuing pressures for change. A deep transformation of the system of stakeholder relations is required — the creation of a system of ‘post-industrial relations’. The book includes discussion of managerial problems and intervention strategies in an ever more responsive and flexible economy, and also the implications for democracy in the work-place and the future of union representation. The book is valuable for consultants, unionists, managers, and public policy makers, and accessible also to students and the interested public.Less
This book focuses on the transition faced by business organizations and their stakeholders as they move from protected markets to open competition, and it explores how these changes can be facilitated by outside interveners/agents. Centering on four case studies — AT&T, Lucent, Electricité de France, and the Italian State Railways — the book analyses the approach to intervention, the problems created by existing systems of stakeholder dialogue, and the prospects for change. It draws two fundamental lessons. Firstly, that intervention in these situations must be broad and involving — a ‘full engagement’ approach — in order to achieve changes in relations and identities among a range of players. The book explores the key elements and practical techniques of this approach. Secondly, that the issues ultimately go beyond improving union-management relations or organizational structures; even in the best cases, the players have been unable to reach stable agreements in the face of continuing pressures for change. A deep transformation of the system of stakeholder relations is required — the creation of a system of ‘post-industrial relations’. The book includes discussion of managerial problems and intervention strategies in an ever more responsive and flexible economy, and also the implications for democracy in the work-place and the future of union representation. The book is valuable for consultants, unionists, managers, and public policy makers, and accessible also to students and the interested public.
Charles Heckscher, Michael Maccoby, Rafael Ramirez, and Pierre-Eric Tixier
- Published in print:
- 2003
- Published Online:
- January 2010
- ISBN:
- 9780199261758
- eISBN:
- 9780191718687
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199261758.003.0006
- Subject:
- Business and Management, Organization Studies
This chapter describes a major transition from monopoly to market at EDF, the French state-owned electricity company that is today's the world's biggest electrical utility firm. It took ten years to ...
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This chapter describes a major transition from monopoly to market at EDF, the French state-owned electricity company that is today's the world's biggest electrical utility firm. It took ten years to persuade managers and unions to sit around a single table to develop a new system of industrial relations. The intervener's role was to help managers understand the effects of their policies towards workers and unions and to help with the negotiation of social agreements.Less
This chapter describes a major transition from monopoly to market at EDF, the French state-owned electricity company that is today's the world's biggest electrical utility firm. It took ten years to persuade managers and unions to sit around a single table to develop a new system of industrial relations. The intervener's role was to help managers understand the effects of their policies towards workers and unions and to help with the negotiation of social agreements.
Jeroen Kortmann
- Published in print:
- 2005
- Published Online:
- March 2012
- ISBN:
- 9780199280056
- eISBN:
- 9780191700101
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199280056.003.0010
- Subject:
- Law, Law of Obligations
This chapter contains an introductory account of the basic scope and meaning of the doctrine of negotiorum gestio. It should again be stressed that it is not here intended to describe the doctrine in ...
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This chapter contains an introductory account of the basic scope and meaning of the doctrine of negotiorum gestio. It should again be stressed that it is not here intended to describe the doctrine in all its details, or to give a full report of the ways in which an intervener might recover in the continental systems here discussed. Instead, the purpose of this chapter is merely to illustrate how a general principle allowing necessitous interveners to recover — negotiorum gestio — operates within a modern legal system. Thus, this chapter does not contain any discussion of, for example, the intervener's possible claims in contract or tort, nor of the specific provisions in the German civil code entitling the finder of lost goods to reimbursement of his expenses as well as a reward.Less
This chapter contains an introductory account of the basic scope and meaning of the doctrine of negotiorum gestio. It should again be stressed that it is not here intended to describe the doctrine in all its details, or to give a full report of the ways in which an intervener might recover in the continental systems here discussed. Instead, the purpose of this chapter is merely to illustrate how a general principle allowing necessitous interveners to recover — negotiorum gestio — operates within a modern legal system. Thus, this chapter does not contain any discussion of, for example, the intervener's possible claims in contract or tort, nor of the specific provisions in the German civil code entitling the finder of lost goods to reimbursement of his expenses as well as a reward.
Jeroen Kortmann
- Published in print:
- 2005
- Published Online:
- March 2012
- ISBN:
- 9780199280056
- eISBN:
- 9780191700101
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199280056.003.0011
- Subject:
- Law, Law of Obligations
This chapter contains an introductory account of the position in English law. English Law in principle denies the intervener a claim, be it for reward or for mere reimbursement of his expenses. Yet, ...
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This chapter contains an introductory account of the position in English law. English Law in principle denies the intervener a claim, be it for reward or for mere reimbursement of his expenses. Yet, as with the rule of no liability for nonfeasance, it proves surprisingly difficult to find any authority for this supposed principle. While there seems to be no authority for the supposed principle of denying voluntary interveners a claim, English law does not appear to contain a general principle that does grant interveners a claim. And whilst most of the English doctrines discussed in this chapter merely allow claims for reimbursement of expenses and/or compensation of loss, the salvage cases form an obvious exception, as well as some cases in equity, where trustees were on occasion remunerated for services voluntarily rendered.Less
This chapter contains an introductory account of the position in English law. English Law in principle denies the intervener a claim, be it for reward or for mere reimbursement of his expenses. Yet, as with the rule of no liability for nonfeasance, it proves surprisingly difficult to find any authority for this supposed principle. While there seems to be no authority for the supposed principle of denying voluntary interveners a claim, English law does not appear to contain a general principle that does grant interveners a claim. And whilst most of the English doctrines discussed in this chapter merely allow claims for reimbursement of expenses and/or compensation of loss, the salvage cases form an obvious exception, as well as some cases in equity, where trustees were on occasion remunerated for services voluntarily rendered.
Jeroen Kortmann
- Published in print:
- 2005
- Published Online:
- March 2012
- ISBN:
- 9780199280056
- eISBN:
- 9780191700101
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199280056.003.0012
- Subject:
- Law, Law of Obligations
Throughout the centuries, the courts' attitude towards necessitous interveners has been ambiguous. There are numerous obiter dicta that oppose the granting of a claim to the intervener. Yet, there is ...
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Throughout the centuries, the courts' attitude towards necessitous interveners has been ambiguous. There are numerous obiter dicta that oppose the granting of a claim to the intervener. Yet, there is an ever-growing list of cases in which the courts have granted a claim to the voluntary intervener. Regrettably, in granting such claims, the courts have resorted to a variety of doctrines. It is here suggested that the law ought to work towards a general principle allowing voluntary interveners to recover. The logical first step in this process is to investigate whether any of the existing doctrines can be extended so as to incorporate such a general principle. Some of these doctrines can be dismissed out of hand. The law of contract is the first amongst these. Of course, the implied contract theory could have been employed to develop a general principle.Less
Throughout the centuries, the courts' attitude towards necessitous interveners has been ambiguous. There are numerous obiter dicta that oppose the granting of a claim to the intervener. Yet, there is an ever-growing list of cases in which the courts have granted a claim to the voluntary intervener. Regrettably, in granting such claims, the courts have resorted to a variety of doctrines. It is here suggested that the law ought to work towards a general principle allowing voluntary interveners to recover. The logical first step in this process is to investigate whether any of the existing doctrines can be extended so as to incorporate such a general principle. Some of these doctrines can be dismissed out of hand. The law of contract is the first amongst these. Of course, the implied contract theory could have been employed to develop a general principle.
Jeroen Kortmann
- Published in print:
- 2005
- Published Online:
- March 2012
- ISBN:
- 9780199280056
- eISBN:
- 9780191700101
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199280056.003.0013
- Subject:
- Law, Law of Obligations
It is seen that none of the existing doctrines possess the right tools for the development of a general principle that allow the intervener to recover. This chapter discusses the alternative to this, ...
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It is seen that none of the existing doctrines possess the right tools for the development of a general principle that allow the intervener to recover. This chapter discusses the alternative to this, which is to develop a separate doctrine. In doing so, the doctrine to be developed must first of all succeed in removing the existing disincentives against voluntary intervention. To the potential intervener, the intervention must therefore at least appear cost-neutral. Furthermore, whether or not success should be required largely depends on the measure of recovery that is allowed to the intervener. Then to allow the intervening roof contractor full remuneration even where no success has been achieved, would be to grant him more rights than he would have had if he had had the opportunity to negotiate with the defendant. Most contracts for professional services, however, require the application of best endeavours, not results.Less
It is seen that none of the existing doctrines possess the right tools for the development of a general principle that allow the intervener to recover. This chapter discusses the alternative to this, which is to develop a separate doctrine. In doing so, the doctrine to be developed must first of all succeed in removing the existing disincentives against voluntary intervention. To the potential intervener, the intervention must therefore at least appear cost-neutral. Furthermore, whether or not success should be required largely depends on the measure of recovery that is allowed to the intervener. Then to allow the intervening roof contractor full remuneration even where no success has been achieved, would be to grant him more rights than he would have had if he had had the opportunity to negotiate with the defendant. Most contracts for professional services, however, require the application of best endeavours, not results.
Jeroen Kortmann
- Published in print:
- 2005
- Published Online:
- March 2012
- ISBN:
- 9780199280056
- eISBN:
- 9780191700101
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199280056.003.0008
- Subject:
- Law, Law of Obligations
This chapter explores the theoretical arguments against granting a remedy to the intervener. Here, one can distinguish the following main arguments against the imposition of a duty to reward or ...
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This chapter explores the theoretical arguments against granting a remedy to the intervener. Here, one can distinguish the following main arguments against the imposition of a duty to reward or remunerate the good Samaritan or even to merely reimburse his expenses: granting a claim would lead to ‘ruinous litigation’, it would lead to ‘the overthrow of personal rights and civil freedom’, and it would do ‘violence to some of the kindest and best effusions of the heart’. This chapter discusses each of these arguments separately. In addition, it also investigates whether a change in the law might lead to abuse by meddlesome interveners looking to make a profit. Furthermore, if justice requires the introduction of a general right, the mere possibility of abuse should not be enough to reverse it. There are many existing doctrines that are open to abuse.Less
This chapter explores the theoretical arguments against granting a remedy to the intervener. Here, one can distinguish the following main arguments against the imposition of a duty to reward or remunerate the good Samaritan or even to merely reimburse his expenses: granting a claim would lead to ‘ruinous litigation’, it would lead to ‘the overthrow of personal rights and civil freedom’, and it would do ‘violence to some of the kindest and best effusions of the heart’. This chapter discusses each of these arguments separately. In addition, it also investigates whether a change in the law might lead to abuse by meddlesome interveners looking to make a profit. Furthermore, if justice requires the introduction of a general right, the mere possibility of abuse should not be enough to reverse it. There are many existing doctrines that are open to abuse.
Jeroen Kortmann
- Published in print:
- 2005
- Published Online:
- March 2012
- ISBN:
- 9780199280056
- eISBN:
- 9780191700101
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199280056.003.0009
- Subject:
- Law, Law of Obligations
This chapter explores the theoretical arguments in favour of granting a remedy to the intervener in Continental Europe. One of the main arguments that have been used to justify the granting of a ...
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This chapter explores the theoretical arguments in favour of granting a remedy to the intervener in Continental Europe. One of the main arguments that have been used to justify the granting of a claim to the intervener has been that the law ought not to discourage interveners. Amongst English and American scholars, too, those who argue in favour of granting a remedy to the intervener usually invoke this policy argument. Under the present policy argument, it is assumed, potential good Samaritans are discouraged because their intervention might prove to be a costly affair if the beneficiary refuses to reimburse their expenses and compensate them for their losses. The solution, it is argued, is to introduce a right to be compensated for the loss incurred during the intervention — to ‘offset pre-legal countervailing disincentives’ — or even a right to a positive reward in order to actively encourage intervention.Less
This chapter explores the theoretical arguments in favour of granting a remedy to the intervener in Continental Europe. One of the main arguments that have been used to justify the granting of a claim to the intervener has been that the law ought not to discourage interveners. Amongst English and American scholars, too, those who argue in favour of granting a remedy to the intervener usually invoke this policy argument. Under the present policy argument, it is assumed, potential good Samaritans are discouraged because their intervention might prove to be a costly affair if the beneficiary refuses to reimburse their expenses and compensate them for their losses. The solution, it is argued, is to introduce a right to be compensated for the loss incurred during the intervention — to ‘offset pre-legal countervailing disincentives’ — or even a right to a positive reward in order to actively encourage intervention.
Julian Petley
- Published in print:
- 2011
- Published Online:
- September 2012
- ISBN:
- 9780748625383
- eISBN:
- 9780748670871
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748625383.003.0015
- Subject:
- Film, Television and Radio, Film
This chapter explores why the Video Recordings Act (VRA) looks set to be a permanent feature on the statute book. A draft Video Recordings Bill was notified to the EC on 10 September 2009. The ...
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This chapter explores why the Video Recordings Act (VRA) looks set to be a permanent feature on the statute book. A draft Video Recordings Bill was notified to the EC on 10 September 2009. The British Video Association urged its members to continue submitting DVDs as normal to the British Board of Film Classification (BBFC). The Secretary of State for Culture, Media and Sport played the role of ‘intervener’ with the result that the Obscene Publications Act is abolished. ‘Harm’ is defined in the context of media legislation. It is argued in this chapter that the VRA should simply be abolished hook, line and sinker. As far as film and video censorship in contemporary Britain is concerned, the message from the political class continues to ring out loud and clear: there is no alternative.Less
This chapter explores why the Video Recordings Act (VRA) looks set to be a permanent feature on the statute book. A draft Video Recordings Bill was notified to the EC on 10 September 2009. The British Video Association urged its members to continue submitting DVDs as normal to the British Board of Film Classification (BBFC). The Secretary of State for Culture, Media and Sport played the role of ‘intervener’ with the result that the Obscene Publications Act is abolished. ‘Harm’ is defined in the context of media legislation. It is argued in this chapter that the VRA should simply be abolished hook, line and sinker. As far as film and video censorship in contemporary Britain is concerned, the message from the political class continues to ring out loud and clear: there is no alternative.
- Published in print:
- 2012
- Published Online:
- June 2013
- ISBN:
- 9780804782814
- eISBN:
- 9780804782944
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804782814.003.0001
- Subject:
- Political Science, Conflict Politics and Policy
This book presents a theoretical and empirical effort to bring external interveners back into the study of armed conflict. It builds a coherent research program of intervention based on the economic ...
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This book presents a theoretical and empirical effort to bring external interveners back into the study of armed conflict. It builds a coherent research program of intervention based on the economic liberalism variant of the liberal paradigm. It argues that intervener states' security considerations and economic interests in the belligerents drive their decisions. External stimuli are viewed as agents of intervention that downplays state preferences and domestic imperatives in decision making. Moreover, the book develops a causal framework that explicitly considers the domestic dimension of economic interests and the institutional environment in which privately organized groups, individuals, and firms that carry out trade interact with their government. Finally, an overview of the chapters included in this book is given.Less
This book presents a theoretical and empirical effort to bring external interveners back into the study of armed conflict. It builds a coherent research program of intervention based on the economic liberalism variant of the liberal paradigm. It argues that intervener states' security considerations and economic interests in the belligerents drive their decisions. External stimuli are viewed as agents of intervention that downplays state preferences and domestic imperatives in decision making. Moreover, the book develops a causal framework that explicitly considers the domestic dimension of economic interests and the institutional environment in which privately organized groups, individuals, and firms that carry out trade interact with their government. Finally, an overview of the chapters included in this book is given.
Gennaro Chierchia
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9780199697977
- eISBN:
- 9780191765971
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199697977.003.0008
- Subject:
- Linguistics, Semantics and Pragmatics, Syntax and Morphology
It has been noted in the literature that NPIs are degraded if there is an intervening element (typically, a non weakest member of a scale) between them and, in traditional terms, their licensor (in ...
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It has been noted in the literature that NPIs are degraded if there is an intervening element (typically, a non weakest member of a scale) between them and, in traditional terms, their licensor (in our terms, the exhaustifying operator). This chapter discusses this phenomenon and investigates several arguably related cases of intervention by presupposition triggers. The proposal is that this effect follows as a case of minimality. If. in probing for a Polarity Sentitive item, O finds along its path a closer alternative bearer (i.e. a scalar term), it is forced to activate the alternatives of the scalar term. In negative contexts, this brings about a positive implicature that makes exhaustification fail. Relativized minimality explains why phrasal interveners (e.g. strong quantified NPs) are generally more disruptive than heads (e.g. modals). This approach is extended to presuppositional intervention (diagnosed by V. Homer) in two ways. Some presuppositional triggers (most prominently factives) turn out to be a special case of scalar triggers (as argued by J. Romoli). Others are argued to take on the behavior (and featural make up) of strong NPIs. In all three major cases of intervention considered in this chapter, syntactic locality plays a crucial role exposing the interconnected nature of the syntax and semantics of exhaustification.Less
It has been noted in the literature that NPIs are degraded if there is an intervening element (typically, a non weakest member of a scale) between them and, in traditional terms, their licensor (in our terms, the exhaustifying operator). This chapter discusses this phenomenon and investigates several arguably related cases of intervention by presupposition triggers. The proposal is that this effect follows as a case of minimality. If. in probing for a Polarity Sentitive item, O finds along its path a closer alternative bearer (i.e. a scalar term), it is forced to activate the alternatives of the scalar term. In negative contexts, this brings about a positive implicature that makes exhaustification fail. Relativized minimality explains why phrasal interveners (e.g. strong quantified NPs) are generally more disruptive than heads (e.g. modals). This approach is extended to presuppositional intervention (diagnosed by V. Homer) in two ways. Some presuppositional triggers (most prominently factives) turn out to be a special case of scalar triggers (as argued by J. Romoli). Others are argued to take on the behavior (and featural make up) of strong NPIs. In all three major cases of intervention considered in this chapter, syntactic locality plays a crucial role exposing the interconnected nature of the syntax and semantics of exhaustification.
Márta Abrusán
- Published in print:
- 2014
- Published Online:
- April 2014
- ISBN:
- 9780199639380
- eISBN:
- 9780191757426
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199639380.003.0002
- Subject:
- Linguistics, Semantics and Pragmatics, Theoretical Linguistics
This chapter proposes a semantic account for factive and other presuppositional islands. The central claim made is that these islands arise because they trigger contradictory presuppositions. The ...
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This chapter proposes a semantic account for factive and other presuppositional islands. The central claim made is that these islands arise because they trigger contradictory presuppositions. The reason a contradictory presupposition arises in the case of manner and degree islands is based on two independently motivated assumptions about the domain of manners and degrees. The first is that the domain of manners contains contraries. The second is that degree predicates relate individuals to intervals (cf. Schwarzschild and Wilkinson 2002, Heim 2006). Because of these particular properties of the domains of manners and degrees, there will always be at least two mutually incompatible propositions that are part of the set of presuppositions of the question. But since no context can entail two mutually exclusive propositions, there is no context in which an answer to manner or degree questions containing the above-mentioned presuppositional items can be asserted.Less
This chapter proposes a semantic account for factive and other presuppositional islands. The central claim made is that these islands arise because they trigger contradictory presuppositions. The reason a contradictory presupposition arises in the case of manner and degree islands is based on two independently motivated assumptions about the domain of manners and degrees. The first is that the domain of manners contains contraries. The second is that degree predicates relate individuals to intervals (cf. Schwarzschild and Wilkinson 2002, Heim 2006). Because of these particular properties of the domains of manners and degrees, there will always be at least two mutually incompatible propositions that are part of the set of presuppositions of the question. But since no context can entail two mutually exclusive propositions, there is no context in which an answer to manner or degree questions containing the above-mentioned presuppositional items can be asserted.
Benjamin Alarie and Andrew J. Green
- Published in print:
- 2017
- Published Online:
- August 2017
- ISBN:
- 9780199397594
- eISBN:
- 9780199397617
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780199397594.003.0007
- Subject:
- Law, Comparative Law
High courts differ in the processes for choosing who sits on the court, the size and composition of panels, and the cases the court hears. Once the case is before the court, a judge may also be ...
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High courts differ in the processes for choosing who sits on the court, the size and composition of panels, and the cases the court hears. Once the case is before the court, a judge may also be influenced by the parties that appear in the appeal. This chapter examines this influence. The government, for example, tends to be more successful in many cases than other parties. This success may be due, for example, to the government having more resources than other parties or being a repeat player in front of the court. Further, judges seem to at least be modestly influenced by interveners, who are not actually the parties to the appeal but seek to provide additional information. Judges appear to consider the information provided by the interveners in some contexts, though the presence of interveners also appears connected to an increase in the probability of a judge dissenting.Less
High courts differ in the processes for choosing who sits on the court, the size and composition of panels, and the cases the court hears. Once the case is before the court, a judge may also be influenced by the parties that appear in the appeal. This chapter examines this influence. The government, for example, tends to be more successful in many cases than other parties. This success may be due, for example, to the government having more resources than other parties or being a repeat player in front of the court. Further, judges seem to at least be modestly influenced by interveners, who are not actually the parties to the appeal but seek to provide additional information. Judges appear to consider the information provided by the interveners in some contexts, though the presence of interveners also appears connected to an increase in the probability of a judge dissenting.
John Martin Fischer
- Published in print:
- 2015
- Published Online:
- October 2015
- ISBN:
- 9780198744832
- eISBN:
- 9780191805974
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198744832.003.0007
- Subject:
- Philosophy, Moral Philosophy, Metaphysics/Epistemology
The Frankfurt cases motivate the notion that we should adopt an “actual-sequence” approach to moral responsibility. On this sort of view, moral responsibility does not require freedom to do ...
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The Frankfurt cases motivate the notion that we should adopt an “actual-sequence” approach to moral responsibility. On this sort of view, moral responsibility does not require freedom to do otherwise; rather, it is a function of (possibly modal) characteristics of the actual sequence leading to the behavior in question. This chapter addresses a significant challenge to the actual-sequence approach; the challenge has it that we cannot extrapolate from classical Frankfurt-style cases to a conclusion about the compatibility of causal determinism and moral responsibility, since the Frankfurt-style cases feature “counterfactual interveners,” whereas causal determination is a property of the way the actual sequence unfolds.Less
The Frankfurt cases motivate the notion that we should adopt an “actual-sequence” approach to moral responsibility. On this sort of view, moral responsibility does not require freedom to do otherwise; rather, it is a function of (possibly modal) characteristics of the actual sequence leading to the behavior in question. This chapter addresses a significant challenge to the actual-sequence approach; the challenge has it that we cannot extrapolate from classical Frankfurt-style cases to a conclusion about the compatibility of causal determinism and moral responsibility, since the Frankfurt-style cases feature “counterfactual interveners,” whereas causal determination is a property of the way the actual sequence unfolds.
Fernando R. Tesón
- Published in print:
- 2018
- Published Online:
- October 2017
- ISBN:
- 9780190202903
- eISBN:
- 9780190202934
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190202903.003.0006
- Subject:
- Philosophy, Moral Philosophy, Political Philosophy
The chapter examines three issues addressed in the literature. The first is the objection that governments cannot be trusted with making these intervention decisions. The chapter accepts the force of ...
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The chapter examines three issues addressed in the literature. The first is the objection that governments cannot be trusted with making these intervention decisions. The chapter accepts the force of the objection, but argues that such government failure must be part of the proportionality calculus. The second issue is whether consent matters for intervention. The chapter claims that the consent of the victims' fellow citizens is irrelevant, as is the consent of the incumbent regime and its supporters. And finally, the chapter proposes an alliance of rights-respecting governments as the more plausible institutional alternative to approve and supervise justified interventions.Less
The chapter examines three issues addressed in the literature. The first is the objection that governments cannot be trusted with making these intervention decisions. The chapter accepts the force of the objection, but argues that such government failure must be part of the proportionality calculus. The second issue is whether consent matters for intervention. The chapter claims that the consent of the victims' fellow citizens is irrelevant, as is the consent of the incumbent regime and its supporters. And finally, the chapter proposes an alliance of rights-respecting governments as the more plausible institutional alternative to approve and supervise justified interventions.
