Emily Crawford
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199578962
- eISBN:
- 9780191722608
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199578962.001.0001
- Subject:
- Law, Human Rights and Immigration, Public International Law
Currently, International Humanitarian Law (IHL) also known as the law of armed conflict, makes the distinction between international and non-international armed conflicts. International armed ...
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Currently, International Humanitarian Law (IHL) also known as the law of armed conflict, makes the distinction between international and non-international armed conflicts. International armed conflicts are regulated by more treaties than their non-international counterparts. Furthermore, the regulation of international armed conflicts is also considerably more comprehensive than that offered for participants in and victims of non-international armed conflicts. This book asks whether the legal distinction between international and non-international armed conflicts remains viable or whether international law should move to maintain its consonance with the situations it seeks to regulate by developing a unified legal regime applicable in all armed conflicts. There is considerable precedent to support moves towards the elimination of the legal distinction between international and non-international armed conflicts. This book argues that IHL, a law which has, as one of its primary aims, the protection of the person in times of armed conflict, should not distinguish between types of armed conflict, specifically in how the law treats the vulnerable in times of armed conflict – those hors de combat due to illness and injury, and those deprived of their liberty through capture or surrenderLess
Currently, International Humanitarian Law (IHL) also known as the law of armed conflict, makes the distinction between international and non-international armed conflicts. International armed conflicts are regulated by more treaties than their non-international counterparts. Furthermore, the regulation of international armed conflicts is also considerably more comprehensive than that offered for participants in and victims of non-international armed conflicts. This book asks whether the legal distinction between international and non-international armed conflicts remains viable or whether international law should move to maintain its consonance with the situations it seeks to regulate by developing a unified legal regime applicable in all armed conflicts. There is considerable precedent to support moves towards the elimination of the legal distinction between international and non-international armed conflicts. This book argues that IHL, a law which has, as one of its primary aims, the protection of the person in times of armed conflict, should not distinguish between types of armed conflict, specifically in how the law treats the vulnerable in times of armed conflict – those hors de combat due to illness and injury, and those deprived of their liberty through capture or surrender
Robert V. Dodge
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199857203
- eISBN:
- 9780199932597
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199857203.001.0001
- Subject:
- Economics and Finance, Behavioural Economics
Thomas Schelling won the Nobel Prize “for having enhanced our understanding of conflict and cooperation through game-theory analysis.” This came after he had taught a game theory and rational choice ...
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Thomas Schelling won the Nobel Prize “for having enhanced our understanding of conflict and cooperation through game-theory analysis.” This came after he had taught a game theory and rational choice course for forty-five years at an advanced level. This book presents the concepts Schelling taught as they are useful tools for understanding decisions and consequences. Mathematics often makes game theory challenging but it is presented as something very simple in this book. Along with a summary of the material Schelling presented this book looks at problems from his course and similar less challenging questions. While considerable analysis is carried out with the basic game theory tool—the two-by-two matrix—much of the book is descriptive and rational decision-making is presented through stories and explanation. Chapter supplements are added to illuminate points presented by Schelling and two chapters are case studies for detailed analysis of strategic thinking. The story of professional basketball coach Phil Jackson concerns the conflict between self-interest and group interest of star players in a multi-person form of the prisoner's dilemma. The second study illustrates the most dangerous decision-making moment in history, the Cuban missile crisis. This book is based on Thomas Schelling's course, which has provided guidance and insight to a great number of people around the world in academic and leadership positions.Less
Thomas Schelling won the Nobel Prize “for having enhanced our understanding of conflict and cooperation through game-theory analysis.” This came after he had taught a game theory and rational choice course for forty-five years at an advanced level. This book presents the concepts Schelling taught as they are useful tools for understanding decisions and consequences. Mathematics often makes game theory challenging but it is presented as something very simple in this book. Along with a summary of the material Schelling presented this book looks at problems from his course and similar less challenging questions. While considerable analysis is carried out with the basic game theory tool—the two-by-two matrix—much of the book is descriptive and rational decision-making is presented through stories and explanation. Chapter supplements are added to illuminate points presented by Schelling and two chapters are case studies for detailed analysis of strategic thinking. The story of professional basketball coach Phil Jackson concerns the conflict between self-interest and group interest of star players in a multi-person form of the prisoner's dilemma. The second study illustrates the most dangerous decision-making moment in history, the Cuban missile crisis. This book is based on Thomas Schelling's course, which has provided guidance and insight to a great number of people around the world in academic and leadership positions.
J. Mohan Rao, Ethan B. Kapstein, and Amartya Sen
- Published in print:
- 1999
- Published Online:
- November 2003
- ISBN:
- 9780195130522
- eISBN:
- 9780199867363
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195130529.003.0004
- Subject:
- Economics and Finance, Public and Welfare
Economic and cultural globalization seem to have ushered in an awkward and potentially unstable period of transition for the world. Even if one supposes that free trade and unrestricted capital ...
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Economic and cultural globalization seem to have ushered in an awkward and potentially unstable period of transition for the world. Even if one supposes that free trade and unrestricted capital mobility can eventually result in global factor price equalization and international equality, the transition may take decades if not centuries. At stake are questions of how to distribute the costs incurred, and the benefits to be derived, by cooperative action to create global public goods or minimize global public bads. Questions of equity are also implicated in the origin of the global problems themselves. International negotiations are influenced by unequal economic and bargaining strengths and the diverse stages of development at which nations find themselves.The basic argument of this chapter is that equity and distributional criteria must be at the core of a global public goods framework for international cooperation. There are several reasons behind this. First, equity and justice promote cooperative behavior, itself needed for the provision of public goods. Second, when the system is perceived to be fair and equitable, nations will participate in it willingly. Third, global equity is itself a public good that, without cooperation or coercion (i.e., in a decentralized setting), may be undersupplied. The undersupply may be because, e.g., there is no private market through which nations or individuals may meet their need to give.Thus, the first section of this chapter sets the stage by outlining the continuing role of inequality among nations in shaping the world. The second section considers the potential instrumental value of social cohesion in public goods supply (equity for public goods). After that, the chapter considers how distributional factors affect the demand and supply of public goods. Then, it pursues the proposition (originally from Thurow, 1971) that the distribution of income is itself a public good. The final section offers conclusions. The rest of the chapter illustrates the value of equity for the production of public goods, in the distribution of public goods, and as a public good itself.Less
Economic and cultural globalization seem to have ushered in an awkward and potentially unstable period of transition for the world. Even if one supposes that free trade and unrestricted capital mobility can eventually result in global factor price equalization and international equality, the transition may take decades if not centuries. At stake are questions of how to distribute the costs incurred, and the benefits to be derived, by cooperative action to create global public goods or minimize global public bads. Questions of equity are also implicated in the origin of the global problems themselves. International negotiations are influenced by unequal economic and bargaining strengths and the diverse stages of development at which nations find themselves.
The basic argument of this chapter is that equity and distributional criteria must be at the core of a global public goods framework for international cooperation. There are several reasons behind this. First, equity and justice promote cooperative behavior, itself needed for the provision of public goods. Second, when the system is perceived to be fair and equitable, nations will participate in it willingly. Third, global equity is itself a public good that, without cooperation or coercion (i.e., in a decentralized setting), may be undersupplied. The undersupply may be because, e.g., there is no private market through which nations or individuals may meet their need to give.
Thus, the first section of this chapter sets the stage by outlining the continuing role of inequality among nations in shaping the world. The second section considers the potential instrumental value of social cohesion in public goods supply (equity for public goods). After that, the chapter considers how distributional factors affect the demand and supply of public goods. Then, it pursues the proposition (originally from Thurow, 1971) that the distribution of income is itself a public good. The final section offers conclusions. The rest of the chapter illustrates the value of equity for the production of public goods, in the distribution of public goods, and as a public good itself.
George J. Mailath and Larry Samuelson
- Published in print:
- 2006
- Published Online:
- January 2007
- ISBN:
- 9780195300796
- eISBN:
- 9780199783700
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195300796.003.0017
- Subject:
- Economics and Finance, Behavioural Economics
This chapter presents examples of finitely repeated perfect-monitoring games of the type in which reputation arguments were first introduced, including the prisoners’ dilemma with a tit-for-tat ...
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This chapter presents examples of finitely repeated perfect-monitoring games of the type in which reputation arguments were first introduced, including the prisoners’ dilemma with a tit-for-tat commitment type and the chain store game. It also presents an example of a reputation result for a finitely repeated game of imperfect monitoring.Less
This chapter presents examples of finitely repeated perfect-monitoring games of the type in which reputation arguments were first introduced, including the prisoners’ dilemma with a tit-for-tat commitment type and the chain store game. It also presents an example of a reputation result for a finitely repeated game of imperfect monitoring.
John McGarry and Brendan O'Leary
- Published in print:
- 2004
- Published Online:
- August 2004
- ISBN:
- 9780199266579
- eISBN:
- 9780191601446
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199266573.003.0009
- Subject:
- Political Science, UK Politics
The chapter provides a comprehensive constitutional and political evaluation of the Agreement of 1998. It explains that the Agreement is consistent with the four central pillars of consociational ...
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The chapter provides a comprehensive constitutional and political evaluation of the Agreement of 1998. It explains that the Agreement is consistent with the four central pillars of consociational democracy, but it also addressed the self-determination dispute at the heart of the conflict through a number of complex federal and confederal elements, involving both parts of Ireland, and Ireland and Great Britain. The chapter has an appendix which explains the d'Hondt formula used for executive appointment.Less
The chapter provides a comprehensive constitutional and political evaluation of the Agreement of 1998. It explains that the Agreement is consistent with the four central pillars of consociational democracy, but it also addressed the self-determination dispute at the heart of the conflict through a number of complex federal and confederal elements, involving both parts of Ireland, and Ireland and Great Britain. The chapter has an appendix which explains the d'Hondt formula used for executive appointment.
Graham Priest
- Published in print:
- 2005
- Published Online:
- May 2006
- ISBN:
- 9780199263288
- eISBN:
- 9780191603631
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199263280.003.0007
- Subject:
- Philosophy, Logic/Philosophy of Mathematics
This chapter discusses the connection between negation, denial, and untruth. There are close connections between these notions, but not the simplistic ones that are standardly supposed to obtain.
This chapter discusses the connection between negation, denial, and untruth. There are close connections between these notions, but not the simplistic ones that are standardly supposed to obtain.
Holli Hampton
- Published in print:
- 2010
- Published Online:
- March 2012
- ISBN:
- 9780520252493
- eISBN:
- 9780520944565
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520252493.003.0024
- Subject:
- Sociology, Gender and Sexuality
In her poem entitled “The Chase,” Holli Hampton expresses her love and admiration for a fellow woman prisoner “living 3 cells down.”.
In her poem entitled “The Chase,” Holli Hampton expresses her love and admiration for a fellow woman prisoner “living 3 cells down.”.
Kinnari Jivani
- Published in print:
- 2010
- Published Online:
- March 2012
- ISBN:
- 9780520252493
- eISBN:
- 9780520944565
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520252493.003.0032
- Subject:
- Sociology, Gender and Sexuality
In her poem entitled “Watershed,” Kinnari Jivani, a prisoner, expresser her longing for another woman.
In her poem entitled “Watershed,” Kinnari Jivani, a prisoner, expresser her longing for another woman.
George Klosko
- Published in print:
- 2005
- Published Online:
- April 2005
- ISBN:
- 9780199256204
- eISBN:
- 9780191602351
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199256209.003.0002
- Subject:
- Political Science, Political Theory
In arguing for the need for the state, this chapter establishes factual parameters within which discussions of political obligations should be conducted. Certain theorists argue that political ...
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In arguing for the need for the state, this chapter establishes factual parameters within which discussions of political obligations should be conducted. Certain theorists argue that political obligations are not necessary, that various non-state organizations could fulfil the functions commonly assigned to states. However, these theorists do not satisfactorily address questions concerning the provision of essential public goods. Through detailed analysis of numerous alternative mechanisms, libertarian, free-market solutions are found to be unable to provide all necessary public goods. Similarly, technical solutions to N-person prisoner's dilemma are unsuccessful, because of the special conditions they require. Non-state mechanisms, such as the protective associations familiar from Robert Nozick's Anarchy, State, and Utopia, are found to be unable to provide essential public goods, while the same is true of proposals based on a distinction between authority and legitimacy.Less
In arguing for the need for the state, this chapter establishes factual parameters within which discussions of political obligations should be conducted. Certain theorists argue that political obligations are not necessary, that various non-state organizations could fulfil the functions commonly assigned to states. However, these theorists do not satisfactorily address questions concerning the provision of essential public goods. Through detailed analysis of numerous alternative mechanisms, libertarian, free-market solutions are found to be unable to provide all necessary public goods. Similarly, technical solutions to N-person prisoner's dilemma are unsuccessful, because of the special conditions they require. Non-state mechanisms, such as the protective associations familiar from Robert Nozick's Anarchy, State, and Utopia, are found to be unable to provide essential public goods, while the same is true of proposals based on a distinction between authority and legitimacy.
Rivkah Zim
- Published in print:
- 2014
- Published Online:
- October 2017
- ISBN:
- 9780691161808
- eISBN:
- 9781400852093
- Item type:
- book
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691161808.001.0001
- Subject:
- Literature, Criticism/Theory
Boethius wrote Of the Consolation of Philosophy as a prisoner condemned to death for treason, circumstances that are reflected in the themes and concerns of its evocative poetry and dialogue between ...
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Boethius wrote Of the Consolation of Philosophy as a prisoner condemned to death for treason, circumstances that are reflected in the themes and concerns of its evocative poetry and dialogue between the prisoner and his mentor, Lady Philosophy. This classic philosophical statement of late antiquity has had an enduring influence on Western thought. It is also the earliest example of what this book identifies as a distinctive and vitally important medium of literary resistance: writing in captivity by prisoners of conscience and persecuted minorities. This book reveals why the great contributors to this tradition of prison writing are among the most crucial figures in Western literature. The book pairs writers from different periods and cultural settings, carefully examining the rhetorical strategies they used in captivity, often under the threat of death. It looks at Boethius and Dietrich Bonhoeffer as philosophers and theologians writing in defense of their ideas, and Thomas More and Antonio Gramsci as politicians in dialogue with established concepts of church and state. Different ideas of grace and disgrace occupied John Bunyan and Oscar Wilde in prison; Madame Roland and Anne Frank wrote themselves into history in various forms of memoir; and Jean Cassou and Irina Ratushinskaya voiced their resistance to totalitarianism through lyric poetry that saved their lives and inspired others. Finally, Primo Levi's writing after his release from Auschwitz recalls and decodes the obscenity of systematic genocide and its aftermath. This book speaks to some of the most profound questions about life, enriching our understanding of what it is to be human.Less
Boethius wrote Of the Consolation of Philosophy as a prisoner condemned to death for treason, circumstances that are reflected in the themes and concerns of its evocative poetry and dialogue between the prisoner and his mentor, Lady Philosophy. This classic philosophical statement of late antiquity has had an enduring influence on Western thought. It is also the earliest example of what this book identifies as a distinctive and vitally important medium of literary resistance: writing in captivity by prisoners of conscience and persecuted minorities. This book reveals why the great contributors to this tradition of prison writing are among the most crucial figures in Western literature. The book pairs writers from different periods and cultural settings, carefully examining the rhetorical strategies they used in captivity, often under the threat of death. It looks at Boethius and Dietrich Bonhoeffer as philosophers and theologians writing in defense of their ideas, and Thomas More and Antonio Gramsci as politicians in dialogue with established concepts of church and state. Different ideas of grace and disgrace occupied John Bunyan and Oscar Wilde in prison; Madame Roland and Anne Frank wrote themselves into history in various forms of memoir; and Jean Cassou and Irina Ratushinskaya voiced their resistance to totalitarianism through lyric poetry that saved their lives and inspired others. Finally, Primo Levi's writing after his release from Auschwitz recalls and decodes the obscenity of systematic genocide and its aftermath. This book speaks to some of the most profound questions about life, enriching our understanding of what it is to be human.
Ben Crewe
- Published in print:
- 2009
- Published Online:
- March 2012
- ISBN:
- 9780199577965
- eISBN:
- 9780191702266
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199577965.001.0001
- Subject:
- Law, Criminal Law and Criminology
While the use of imprisonment continues to rise in developed nations, we have little sociological knowledge of the prison's inner world. Based on extensive fieldwork in a medium-security prison in ...
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While the use of imprisonment continues to rise in developed nations, we have little sociological knowledge of the prison's inner world. Based on extensive fieldwork in a medium-security prison in the UK, HMP Wellingborough, this book provides an in-depth analysis of the prison's social anatomy. It explains how power is exercised by the institution, individualizing the prisoner community and demanding particular forms of compliance and engagement. Drawing on prisoners' life stories, it shows how different prisoners experience and respond to the new range of penal practices and frustrations. It then explains how the prisoner society — its norms, hierarchy, and social relationships — is shaped both by these conditions of confinement and by the different backgrounds, values, and identities that prisoners bring into the prison environment.Less
While the use of imprisonment continues to rise in developed nations, we have little sociological knowledge of the prison's inner world. Based on extensive fieldwork in a medium-security prison in the UK, HMP Wellingborough, this book provides an in-depth analysis of the prison's social anatomy. It explains how power is exercised by the institution, individualizing the prisoner community and demanding particular forms of compliance and engagement. Drawing on prisoners' life stories, it shows how different prisoners experience and respond to the new range of penal practices and frustrations. It then explains how the prisoner society — its norms, hierarchy, and social relationships — is shaped both by these conditions of confinement and by the different backgrounds, values, and identities that prisoners bring into the prison environment.
Ken Binmore
- Published in print:
- 2005
- Published Online:
- January 2007
- ISBN:
- 9780195178111
- eISBN:
- 9780199783670
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195178111.003.0004
- Subject:
- Economics and Finance, Microeconomics
After demolishing metaphysical notions of moral behavior, John Mackie's Inventing Right and Wrong argues that the way forward is through the study of anthropology and game theory. This chapter begins ...
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After demolishing metaphysical notions of moral behavior, John Mackie's Inventing Right and Wrong argues that the way forward is through the study of anthropology and game theory. This chapter begins a review of the basic ideas of game theory by explaining both the rational and the evolutionary interpretation of Nash equilibria in various games, including the Prisoners' Dilemma, the Stag Hunt Game, the Ultimatum Game, the Centipede Game, and the Nash Demand Game.Less
After demolishing metaphysical notions of moral behavior, John Mackie's Inventing Right and Wrong argues that the way forward is through the study of anthropology and game theory. This chapter begins a review of the basic ideas of game theory by explaining both the rational and the evolutionary interpretation of Nash equilibria in various games, including the Prisoners' Dilemma, the Stag Hunt Game, the Ultimatum Game, the Centipede Game, and the Nash Demand Game.
Charles Barman and Ray Barman
- Published in print:
- 2009
- Published Online:
- September 2011
- ISBN:
- 9789622099760
- eISBN:
- 9789882207363
- Item type:
- book
- Publisher:
- Hong Kong University Press
- DOI:
- 10.5790/hongkong/9789622099760.001.0001
- Subject:
- History, Asian History
This is one of the fullest descriptions of the fighting in Hong Kong in 1941 and subsequent imprisonment of Hong Kongers, but in addition it is the view of a mature professional soldier, one who had ...
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This is one of the fullest descriptions of the fighting in Hong Kong in 1941 and subsequent imprisonment of Hong Kongers, but in addition it is the view of a mature professional soldier, one who had signed on in 1919 and in his long service had seen much, spending time on the North West Frontier in India. The author of this book was a Quartermaster Sergeant in the Royal Artillery during the battle for Hong Kong in December 1941. His job was to keep the artillery supplied and so he criss-crossed the mainland and Hong Kong Island during the fighting, getting a broader view of what was going on than most participants. Fortunately he kept a diary during those terrible days. At the end of the battle, with his fellow soldiers, he became a prisoner of war, but he continued somehow to maintain his diary. He spent most of the war in the Argyle Street camp and provided the most complete coverage of life there.Less
This is one of the fullest descriptions of the fighting in Hong Kong in 1941 and subsequent imprisonment of Hong Kongers, but in addition it is the view of a mature professional soldier, one who had signed on in 1919 and in his long service had seen much, spending time on the North West Frontier in India. The author of this book was a Quartermaster Sergeant in the Royal Artillery during the battle for Hong Kong in December 1941. His job was to keep the artillery supplied and so he criss-crossed the mainland and Hong Kong Island during the fighting, getting a broader view of what was going on than most participants. Fortunately he kept a diary during those terrible days. At the end of the battle, with his fellow soldiers, he became a prisoner of war, but he continued somehow to maintain his diary. He spent most of the war in the Argyle Street camp and provided the most complete coverage of life there.
Alexandra Barahona de Brito
- Published in print:
- 1997
- Published Online:
- November 2003
- ISBN:
- 9780198280385
- eISBN:
- 9780191598852
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198280386.003.0007
- Subject:
- Political Science, Democratization
In this second chapter of Part III of the book (Truth and Justice under Successor Democratic Regimes), an examination is made of how the issues of truth and justice were dealt with under democratic ...
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In this second chapter of Part III of the book (Truth and Justice under Successor Democratic Regimes), an examination is made of how the issues of truth and justice were dealt with under democratic rule from 1990 to 1996 in Chile (the governments of Aylwin 1990–93 and of Frei 1993–96). The different sections of the chapter are: Introduction; Truth Telling in Chile: The Jewel in the Concertaciin’s Human Rights Crown; Releasing the Political Prisoners: Hostages to the Conflict over Justice; Reparations and Symbolic Justice by Individual Prosecution; The Frei Administration and the Continuing Struggle for Justice, 1993–96; and Conclusion.Less
In this second chapter of Part III of the book (Truth and Justice under Successor Democratic Regimes), an examination is made of how the issues of truth and justice were dealt with under democratic rule from 1990 to 1996 in Chile (the governments of Aylwin 1990–93 and of Frei 1993–96). The different sections of the chapter are: Introduction; Truth Telling in Chile: The Jewel in the Concertaciin’s Human Rights Crown; Releasing the Political Prisoners: Hostages to the Conflict over Justice; Reparations and Symbolic Justice by Individual Prosecution; The Frei Administration and the Continuing Struggle for Justice, 1993–96; and Conclusion.
Andrew Guzman
- Published in print:
- 2008
- Published Online:
- January 2008
- ISBN:
- 9780195305562
- eISBN:
- 9780199867004
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195305562.001.0001
- Subject:
- Political Science, International Relations and Politics
Applying rational-choice theory to international law and international relations, this book offers a comprehensive theory of the subject, how it operates, and why it works. Taking as a starting point ...
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Applying rational-choice theory to international law and international relations, this book offers a comprehensive theory of the subject, how it operates, and why it works. Taking as a starting point that states comply only when it is in their self‐interest to do so, the book demonstrates that international law nevertheless supports cooperation among states. This book develops a theory of international law to explain how concerns about reciprocal non‐compliance, retaliation, and reputation discourage states from violating their international legal commitments. By building a theory from the ground up, this book is able to address international law in all its forms, including treaties, customary international law, and “soft law.” It explains that contrary to conventional views on the subject, there is no stark difference between these different types of international law. Rather, each represents a position on a spectrum of commitment and is distinguished by the strength of the obligation it imposes. Once the various legal forms are recognized as different in degree rather than kind, other features of the system are easier to understand. The book discusses how the substantive content of an international agreement relates to its form, including whether the agreement provides for dispute resolution, monitoring, exit, escape, and reservations. With respect to customary international law, this book explains how and why such rules of law work, and how existing notions of custom must be adapted to accommodate the rational choice approach.Less
Applying rational-choice theory to international law and international relations, this book offers a comprehensive theory of the subject, how it operates, and why it works. Taking as a starting point that states comply only when it is in their self‐interest to do so, the book demonstrates that international law nevertheless supports cooperation among states. This book develops a theory of international law to explain how concerns about reciprocal non‐compliance, retaliation, and reputation discourage states from violating their international legal commitments. By building a theory from the ground up, this book is able to address international law in all its forms, including treaties, customary international law, and “soft law.” It explains that contrary to conventional views on the subject, there is no stark difference between these different types of international law. Rather, each represents a position on a spectrum of commitment and is distinguished by the strength of the obligation it imposes. Once the various legal forms are recognized as different in degree rather than kind, other features of the system are easier to understand. The book discusses how the substantive content of an international agreement relates to its form, including whether the agreement provides for dispute resolution, monitoring, exit, escape, and reservations. With respect to customary international law, this book explains how and why such rules of law work, and how existing notions of custom must be adapted to accommodate the rational choice approach.
Giandomenico Majone
- Published in print:
- 2005
- Published Online:
- February 2006
- ISBN:
- 9780199274307
- eISBN:
- 9780191603310
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199274304.003.0007
- Subject:
- Political Science, European Union
Repeated policy failures suggest that the system created by the European treaties is more suitable to the promotion of negative integration than to the development of measures of positive ...
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Repeated policy failures suggest that the system created by the European treaties is more suitable to the promotion of negative integration than to the development of measures of positive integration. Positive integration is often identified with positive values like social protection and the correction of market failures, negative integration with deregulation, social dumping, and the protection of economic interests. In fact, economic and other special interests may find it convenient to support measures of positive integration, while fundamental rights are often better protected by negative integration. At any rate, in an increasingly diverse EU it may be necessary to revert to a negative-integration regime, under which most regulatory responsibilities would be left with the people who are directly affected by a given problem, and who have to bear the costs of its solution.Less
Repeated policy failures suggest that the system created by the European treaties is more suitable to the promotion of negative integration than to the development of measures of positive integration. Positive integration is often identified with positive values like social protection and the correction of market failures, negative integration with deregulation, social dumping, and the protection of economic interests. In fact, economic and other special interests may find it convenient to support measures of positive integration, while fundamental rights are often better protected by negative integration. At any rate, in an increasingly diverse EU it may be necessary to revert to a negative-integration regime, under which most regulatory responsibilities would be left with the people who are directly affected by a given problem, and who have to bear the costs of its solution.
Joan Petersilia
- Published in print:
- 2009
- Published Online:
- May 2012
- ISBN:
- 9780195160864
- eISBN:
- 9780199943395
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195160864.003.0011
- Subject:
- Sociology, Law, Crime and Deviance
This chapter expresses a cautious optimism that the focus on parole and prisoner reentry is here to stay and that reentry will serve as the major conceptual framework for organizing criminal justice ...
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This chapter expresses a cautious optimism that the focus on parole and prisoner reentry is here to stay and that reentry will serve as the major conceptual framework for organizing criminal justice policy for many years to come. There are also substantial challenges ahead. Most significant in this regard are the rising crime rate and the slowing of the U.S. economy. Either or both of these factors could derail reentry progress. The discussion suggests continued advances in parole and prisoner reentry not only because it will be good for prisoners returning home, but because it will ultimately be good for their children, their neighbors, and the community at large. Given the increasing magnitude of the expected prison exodus over the next decade, focusing on prisoner reintegration may be the best hope for keeping crime rates down as nearly 700,000 inmates a year leave prison to return home.Less
This chapter expresses a cautious optimism that the focus on parole and prisoner reentry is here to stay and that reentry will serve as the major conceptual framework for organizing criminal justice policy for many years to come. There are also substantial challenges ahead. Most significant in this regard are the rising crime rate and the slowing of the U.S. economy. Either or both of these factors could derail reentry progress. The discussion suggests continued advances in parole and prisoner reentry not only because it will be good for prisoners returning home, but because it will ultimately be good for their children, their neighbors, and the community at large. Given the increasing magnitude of the expected prison exodus over the next decade, focusing on prisoner reintegration may be the best hope for keeping crime rates down as nearly 700,000 inmates a year leave prison to return home.
David Lewis
- Published in print:
- 1987
- Published Online:
- November 2003
- ISBN:
- 9780195036466
- eISBN:
- 9780199833399
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195036468.003.0011
- Subject:
- Philosophy, General
This paper argues that, considered as puzzles about rationality, the Prisoners’ Dilemma and Newcomb's Problem are essentially one and the same problem.
This paper argues that, considered as puzzles about rationality, the Prisoners’ Dilemma and Newcomb's Problem are essentially one and the same problem.
David Lewis
- Published in print:
- 1987
- Published Online:
- November 2003
- ISBN:
- 9780195036466
- eISBN:
- 9780199833399
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195036468.003.0013
- Subject:
- Philosophy, General
Considers a Prisoners’ dilemma–type scenario, which aims to show the “disutility of utilitarianism.” The scenario is dealt with by showing that one can avail oneself of an independent premise of ...
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Considers a Prisoners’ dilemma–type scenario, which aims to show the “disutility of utilitarianism.” The scenario is dealt with by showing that one can avail oneself of an independent premise of truthfulness in such cases.Less
Considers a Prisoners’ dilemma–type scenario, which aims to show the “disutility of utilitarianism.” The scenario is dealt with by showing that one can avail oneself of an independent premise of truthfulness in such cases.
Joan Petersilia
- Published in print:
- 2009
- Published Online:
- May 2012
- ISBN:
- 9780195160864
- eISBN:
- 9780199943395
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195160864.003.0002
- Subject:
- Sociology, Law, Crime and Deviance
This chapter provides a profile of returning prisoners and presents data on the demographic and crime profiles of returning prisoners. It discusses race and gender, literacy and education, physical ...
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This chapter provides a profile of returning prisoners and presents data on the demographic and crime profiles of returning prisoners. It discusses race and gender, literacy and education, physical and mental illness, marital and parenting relationships, and substance abuse. Ex-prisoners are still mostly male, minority, and unskilled—yet in each of these areas, there are trends that signal significant changes. Today's inmate is likely to have been in custody several times before, has a lengthy history of alcohol and drug abuse, is more likely to be involved in gang activities and drug dealing, has probably experienced significant periods of unemployment and homelessness, and may have a physical or mental disability. Most of them have young children, with whom they hope to reunite after release, although in most cases, their children will have infrequently visited them during their incarceration.Less
This chapter provides a profile of returning prisoners and presents data on the demographic and crime profiles of returning prisoners. It discusses race and gender, literacy and education, physical and mental illness, marital and parenting relationships, and substance abuse. Ex-prisoners are still mostly male, minority, and unskilled—yet in each of these areas, there are trends that signal significant changes. Today's inmate is likely to have been in custody several times before, has a lengthy history of alcohol and drug abuse, is more likely to be involved in gang activities and drug dealing, has probably experienced significant periods of unemployment and homelessness, and may have a physical or mental disability. Most of them have young children, with whom they hope to reunite after release, although in most cases, their children will have infrequently visited them during their incarceration.
