Arad Reisberg
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199204892
- eISBN:
- 9780191709487
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199204892.001.0001
- Subject:
- Law, Company and Commercial Law
This book provides the first comprehensive law scholarship to focus solely on the subject of derivative actions, which is an important aspect of the current ever-expanding debate in the UK, and in ...
More
This book provides the first comprehensive law scholarship to focus solely on the subject of derivative actions, which is an important aspect of the current ever-expanding debate in the UK, and in other jurisdictions, about corporate governance. In particular it: (1) provides the first detailed and clear overview, commentary and theoretically informed explanation of the law governing derivative actions by revealing underlying principles, making it an essential resource for corporate law academics, law makers and practitioners; (2) uses these principles to suggest how the law should develop in the future; (3) provides the first, most comprehensive and detailed assessment of the new regime governing derivative actions under the new Companies Act 2006 including a commentary on all the new provisions of the Act on the subject; and (4) includes a comparative perspective to derivative actions in foreign jurisdictions focusing in particular on recent developments so as to compare and explain how the law might develop. The book attempts a fundamental rethink of the content of the derivative action and its objectives. Intertwining these objectives into a cohesive model of derivative actions, the book conceptualizes the derivative action mechanism and argues that action should be taken at three parallel levels: (1) conceptual (i.e., adoption of a new framework in the guise of the ‘Functional and Focused Model’ as set out in the book); (2) strategic (i.e., employment of appropriate incentives and fee rules which advance the premises behind the Model); and (3) maintaining doctrinal consistency (i.e., clarification of the interaction between the derivative action and other remedies available to shareholders.Less
This book provides the first comprehensive law scholarship to focus solely on the subject of derivative actions, which is an important aspect of the current ever-expanding debate in the UK, and in other jurisdictions, about corporate governance. In particular it: (1) provides the first detailed and clear overview, commentary and theoretically informed explanation of the law governing derivative actions by revealing underlying principles, making it an essential resource for corporate law academics, law makers and practitioners; (2) uses these principles to suggest how the law should develop in the future; (3) provides the first, most comprehensive and detailed assessment of the new regime governing derivative actions under the new Companies Act 2006 including a commentary on all the new provisions of the Act on the subject; and (4) includes a comparative perspective to derivative actions in foreign jurisdictions focusing in particular on recent developments so as to compare and explain how the law might develop. The book attempts a fundamental rethink of the content of the derivative action and its objectives. Intertwining these objectives into a cohesive model of derivative actions, the book conceptualizes the derivative action mechanism and argues that action should be taken at three parallel levels: (1) conceptual (i.e., adoption of a new framework in the guise of the ‘Functional and Focused Model’ as set out in the book); (2) strategic (i.e., employment of appropriate incentives and fee rules which advance the premises behind the Model); and (3) maintaining doctrinal consistency (i.e., clarification of the interaction between the derivative action and other remedies available to shareholders.
Phil Syrpis
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199277209
- eISBN:
- 9780191707445
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199277209.003.0006
- Subject:
- Law, EU Law, Employment Law
This concluding chapter summarizes the main findings of the book. It is argued that the Court's case law institutionalizes tensions between the integrationist objectives of the EU and the economic ...
More
This concluding chapter summarizes the main findings of the book. It is argued that the Court's case law institutionalizes tensions between the integrationist objectives of the EU and the economic and social objectives of national regulation in the labour law field which need not exist. The interventions of the political institutions appear less hostile to diversity; but they tend systematically to privilege the economic over the social. It is argued that a clear commitment to the social rationale and a reorientation of the Lisbon Strategy to would contribute towards the legitimacy of the European polity.Less
This concluding chapter summarizes the main findings of the book. It is argued that the Court's case law institutionalizes tensions between the integrationist objectives of the EU and the economic and social objectives of national regulation in the labour law field which need not exist. The interventions of the political institutions appear less hostile to diversity; but they tend systematically to privilege the economic over the social. It is argued that a clear commitment to the social rationale and a reorientation of the Lisbon Strategy to would contribute towards the legitimacy of the European polity.
David L. Streiner and Geoffrey R. Norman
- Published in print:
- 2008
- Published Online:
- September 2009
- ISBN:
- 9780199231881
- eISBN:
- 9780191724015
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199231881.003.0001
- Subject:
- Public Health and Epidemiology, Public Health, Epidemiology
This introductory chapter presents the rationale for developing scales, and why they must be reliable and valid. It also gives a general overview of the organization of the book as a whole.
This introductory chapter presents the rationale for developing scales, and why they must be reliable and valid. It also gives a general overview of the organization of the book as a whole.
Phil Syrpis
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199277209
- eISBN:
- 9780191707445
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199277209.003.0001
- Subject:
- Law, EU Law, Employment Law
This chapter introduces the theoretical framework used to examine the rationales for EU intervention in the labour law arena. The aims and objectives of intervention in labour law, and of the ...
More
This chapter introduces the theoretical framework used to examine the rationales for EU intervention in the labour law arena. The aims and objectives of intervention in labour law, and of the European Union itself, are contested. The integrationist, economic, and social rationales for intervention are defined and distinguished, and their interconnections described. The nature of the evolving competence of the EU in the social sphere is outlined, with particular attention devoted to the principles of subsidiarity and proportionality. Intervention by the Court and the political institutions (via harmonization, mutual recognition and new modes of governance) are considered, and the structure of the remainder of the text is provided.Less
This chapter introduces the theoretical framework used to examine the rationales for EU intervention in the labour law arena. The aims and objectives of intervention in labour law, and of the European Union itself, are contested. The integrationist, economic, and social rationales for intervention are defined and distinguished, and their interconnections described. The nature of the evolving competence of the EU in the social sphere is outlined, with particular attention devoted to the principles of subsidiarity and proportionality. Intervention by the Court and the political institutions (via harmonization, mutual recognition and new modes of governance) are considered, and the structure of the remainder of the text is provided.
Phil Syrpis
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199277209
- eISBN:
- 9780191707445
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199277209.003.0002
- Subject:
- Law, EU Law, Employment Law
This chapter categorises the various objectives which EU intervention in domestic labour law may be thought to serve into three broad rationales, and draws out the implications which a commitment to ...
More
This chapter categorises the various objectives which EU intervention in domestic labour law may be thought to serve into three broad rationales, and draws out the implications which a commitment to each of the integrationist, economic, and social rationale may, or must, entail. Much of the focus is on the integrationist rationale, and to a critique of the various actors' understanding of the elimination of barriers to free movement and distortions of competition. It is suggested that mere differences between national laws need not be seen as problematic from the perspective of market integration — contrary to the dominant strand of the Court of Justice's case law. The impact of EMU is considered as well as the relationships between the economic and social objectives which may underlie EU intervention, in the light of the evolution of the Lisbon Strategy.Less
This chapter categorises the various objectives which EU intervention in domestic labour law may be thought to serve into three broad rationales, and draws out the implications which a commitment to each of the integrationist, economic, and social rationale may, or must, entail. Much of the focus is on the integrationist rationale, and to a critique of the various actors' understanding of the elimination of barriers to free movement and distortions of competition. It is suggested that mere differences between national laws need not be seen as problematic from the perspective of market integration — contrary to the dominant strand of the Court of Justice's case law. The impact of EMU is considered as well as the relationships between the economic and social objectives which may underlie EU intervention, in the light of the evolution of the Lisbon Strategy.
Lawrence Kramer
- Published in print:
- 2007
- Published Online:
- May 2012
- ISBN:
- 9780520250826
- eISBN:
- 9780520933644
- Item type:
- book
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520250826.001.0001
- Subject:
- Music, History, Western
“What can be done about the state of classical music?” asks this book. Classical music, whose demise has been predicted for at least a decade, has always had its staunch advocates, but in today's ...
More
“What can be done about the state of classical music?” asks this book. Classical music, whose demise has been predicted for at least a decade, has always had its staunch advocates, but in today's media-saturated world there are real concerns about its viability. This book takes a forthright approach by engaging both skeptics and music lovers alike. Over seven chapters, the book affirms the value of classical music—defined as a body of nontheatrical music produced since the eighteenth century with the single aim of being listened to—by revealing what its values are: the specific beliefs, attitudes, and meanings that the music has supported in the past and which can support it in the future. The book also clears the air of old prejudices. Unlike other defenses by apologists, whose defense of the music often depends on arguments about the corrupting influence of popular culture, this book admits that classical music needs a broader, more up-to-date rationale. It succeeds in engaging the reader by putting into words music's complex relationship with individual human drives and larger social needs. The book explores the nature of subjectivity, the conquest of time and mortality, the harmonization of humanity and technology, the cultivation of attention, and the liberation of human energy.Less
“What can be done about the state of classical music?” asks this book. Classical music, whose demise has been predicted for at least a decade, has always had its staunch advocates, but in today's media-saturated world there are real concerns about its viability. This book takes a forthright approach by engaging both skeptics and music lovers alike. Over seven chapters, the book affirms the value of classical music—defined as a body of nontheatrical music produced since the eighteenth century with the single aim of being listened to—by revealing what its values are: the specific beliefs, attitudes, and meanings that the music has supported in the past and which can support it in the future. The book also clears the air of old prejudices. Unlike other defenses by apologists, whose defense of the music often depends on arguments about the corrupting influence of popular culture, this book admits that classical music needs a broader, more up-to-date rationale. It succeeds in engaging the reader by putting into words music's complex relationship with individual human drives and larger social needs. The book explores the nature of subjectivity, the conquest of time and mortality, the harmonization of humanity and technology, the cultivation of attention, and the liberation of human energy.
J. Christopher King
- Published in print:
- 2005
- Published Online:
- February 2006
- ISBN:
- 9780199272181
- eISBN:
- 9780191603433
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199272182.003.0004
- Subject:
- Religion, Early Christian Studies
This chapter examines the hermeneutical rationale that Origen himself develops as the basis of his ‘bodiless’ interpretation of the Song of Songs. The discussion will develop in two stages. First, ...
More
This chapter examines the hermeneutical rationale that Origen himself develops as the basis of his ‘bodiless’ interpretation of the Song of Songs. The discussion will develop in two stages. First, Origen’s analysis of the Song’s own self-definition is explored, which he seeks principally in the title of the text. Second, his reading of those hermeneutical markers in the Song — the textual skandala — that decisively proves it to be a ‘bodiless’ text is considered.Less
This chapter examines the hermeneutical rationale that Origen himself develops as the basis of his ‘bodiless’ interpretation of the Song of Songs. The discussion will develop in two stages. First, Origen’s analysis of the Song’s own self-definition is explored, which he seeks principally in the title of the text. Second, his reading of those hermeneutical markers in the Song — the textual skandala — that decisively proves it to be a ‘bodiless’ text is considered.
Alexander Gillespie
- Published in print:
- 2000
- Published Online:
- March 2012
- ISBN:
- 9780198298724
- eISBN:
- 9780191685514
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198298724.003.0001
- Subject:
- Law, Environmental and Energy Law
This introductory chapter explains the coverage of this book, which is about the commonly used justifications for environmental protection in international environmental law. These justifications ...
More
This introductory chapter explains the coverage of this book, which is about the commonly used justifications for environmental protection in international environmental law. These justifications include anthropocentrism, self-interest, economic rationale, religious justification, land ethic, and respect for life. This book concludes that anthropocentrism is the central basis of international environmental law and this is deeply problematic because all justifications for environmental protection that spring from this mindset are either contradictory or plainly indefensible.Less
This introductory chapter explains the coverage of this book, which is about the commonly used justifications for environmental protection in international environmental law. These justifications include anthropocentrism, self-interest, economic rationale, religious justification, land ethic, and respect for life. This book concludes that anthropocentrism is the central basis of international environmental law and this is deeply problematic because all justifications for environmental protection that spring from this mindset are either contradictory or plainly indefensible.
Elizabeth Ann Danto
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195333060
- eISBN:
- 9780199864119
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195333060.003.0002
- Subject:
- Social Work, Research and Evaluation
This chapter covers the design and method of historical study in social work. It argues that researchers need to articulate the reasons for pursuing a study, not only for themselves but also for the ...
More
This chapter covers the design and method of historical study in social work. It argues that researchers need to articulate the reasons for pursuing a study, not only for themselves but also for the communities of scholars and beyond. The purpose of a historical study in social work is generally twofold: (1) to provide a descriptive, longitudinal overview of specific social problems, programs, or policies within predetermined dates, and (2) to trace major ideological themes in the history of social work and its multiple ancillary fields and to develop implications for practice by comparing how their different cultural and sociopolitical contexts change over time. Study rationale, problem formulation, hypothesis development, term definitions, and data collection are discussed and illustrated with examples.Less
This chapter covers the design and method of historical study in social work. It argues that researchers need to articulate the reasons for pursuing a study, not only for themselves but also for the communities of scholars and beyond. The purpose of a historical study in social work is generally twofold: (1) to provide a descriptive, longitudinal overview of specific social problems, programs, or policies within predetermined dates, and (2) to trace major ideological themes in the history of social work and its multiple ancillary fields and to develop implications for practice by comparing how their different cultural and sociopolitical contexts change over time. Study rationale, problem formulation, hypothesis development, term definitions, and data collection are discussed and illustrated with examples.
Peta White
- Published in print:
- 2009
- Published Online:
- January 2010
- ISBN:
- 9780199561629
- eISBN:
- 9780191722479
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199561629.003.01
- Subject:
- Public Health and Epidemiology, Epidemiology, Public Health
This chapter deals with the starting base of any study, the research question. Most ideas and conceptions for studies are derived from practical expertise or previous studies. Before one can start ...
More
This chapter deals with the starting base of any study, the research question. Most ideas and conceptions for studies are derived from practical expertise or previous studies. Before one can start truly studying these ideas, a solid and sound research question should be defined. This is not as easy as it sounds. A research question should be clearly stated, unambiguous, and straightforward. In many cases one may find that general ideas need to be restructured in order to come to a single researchable question. The chapter deals with this process.Less
This chapter deals with the starting base of any study, the research question. Most ideas and conceptions for studies are derived from practical expertise or previous studies. Before one can start truly studying these ideas, a solid and sound research question should be defined. This is not as easy as it sounds. A research question should be clearly stated, unambiguous, and straightforward. In many cases one may find that general ideas need to be restructured in order to come to a single researchable question. The chapter deals with this process.
Steffen Hindelang
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199572656
- eISBN:
- 9780191705540
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199572656.003.0002
- Subject:
- Law, EU Law
The interpretation of any provision of the EC Treaty must be guided by its aims referred to in Article 2 EC. In order to prepare the foundation for a doctrinal analysis, this chapter starts off by ...
More
The interpretation of any provision of the EC Treaty must be guided by its aims referred to in Article 2 EC. In order to prepare the foundation for a doctrinal analysis, this chapter starts off by setting out in which sense free, i.e., unrestricted, movement of capital within the Community helps in attaining the Treaty aims. In a second step, it assesses whether the findings just gained apply equally in a third-country context. It is argued that the aims pursued with the freedom of capital movement do not suggest a narrower interpretation of Article 56 (1) EC, but they favour free, i.e., liberalized, capital movement, including cross border direct investment, between the Member States and non EC countries. Moreover, the genesis of the rules on free movement of capital indicates a drive to (almost) complete liberalization of capital movement. It can hardly be doubted that the current provisions bear the hallmarks of the ‘economist camp’ and embrace a liberal undercurrent both in an intra-Community and a third-country context. The respective results reached guides the construction of the freedom throughout this book.Less
The interpretation of any provision of the EC Treaty must be guided by its aims referred to in Article 2 EC. In order to prepare the foundation for a doctrinal analysis, this chapter starts off by setting out in which sense free, i.e., unrestricted, movement of capital within the Community helps in attaining the Treaty aims. In a second step, it assesses whether the findings just gained apply equally in a third-country context. It is argued that the aims pursued with the freedom of capital movement do not suggest a narrower interpretation of Article 56 (1) EC, but they favour free, i.e., liberalized, capital movement, including cross border direct investment, between the Member States and non EC countries. Moreover, the genesis of the rules on free movement of capital indicates a drive to (almost) complete liberalization of capital movement. It can hardly be doubted that the current provisions bear the hallmarks of the ‘economist camp’ and embrace a liberal undercurrent both in an intra-Community and a third-country context. The respective results reached guides the construction of the freedom throughout this book.
Patrick Dattalo
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195315493
- eISBN:
- 9780199865475
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195315493.003.0004
- Subject:
- Social Work, Research and Evaluation
This chapter provides a brief description of the rationale and limitations of CISs; presents an example of how CISs can be used to determine sample size; and identifies additional CISs related ...
More
This chapter provides a brief description of the rationale and limitations of CISs; presents an example of how CISs can be used to determine sample size; and identifies additional CISs related resources.Less
This chapter provides a brief description of the rationale and limitations of CISs; presents an example of how CISs can be used to determine sample size; and identifies additional CISs related resources.
Amir Paz-Fuchs
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199237418
- eISBN:
- 9780191717192
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199237418.003.0003
- Subject:
- Law, Employment Law
Contemporary programmes are replete with themes and rationales that are similar to those of the Poor Law era. For this reason, the socio-legal history of the poor laws provides an introduction to the ...
More
Contemporary programmes are replete with themes and rationales that are similar to those of the Poor Law era. For this reason, the socio-legal history of the poor laws provides an introduction to the institutions, themes, and rationales of welfare-to-work, descendants of which may be detected today. This chapter argues that at different points in time (and sometimes simultaneously), four different rationales can be detected in Poor Law programmes: deterrence, economics, morality, and quid-pro-quo. These rationales are all realized through the same common goal: that of conditionality. And yet, each rationale derives from a distinct vision of the relationship between the individual and the state and thus has a different impact on the emphasis of welfare programmes.Less
Contemporary programmes are replete with themes and rationales that are similar to those of the Poor Law era. For this reason, the socio-legal history of the poor laws provides an introduction to the institutions, themes, and rationales of welfare-to-work, descendants of which may be detected today. This chapter argues that at different points in time (and sometimes simultaneously), four different rationales can be detected in Poor Law programmes: deterrence, economics, morality, and quid-pro-quo. These rationales are all realized through the same common goal: that of conditionality. And yet, each rationale derives from a distinct vision of the relationship between the individual and the state and thus has a different impact on the emphasis of welfare programmes.
Amir Paz-Fuchs
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199237418
- eISBN:
- 9780191717192
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199237418.003.0004
- Subject:
- Law, Employment Law
This chapter introduces contemporary welfare-to-work programmes in the United States and Britain. It focuses on the way contemporary welfare-to-work programmes are characterized by the conditioning ...
More
This chapter introduces contemporary welfare-to-work programmes in the United States and Britain. It focuses on the way contemporary welfare-to-work programmes are characterized by the conditioning of benefits upon obligations. Employing the same four rationales used when assessing the Poor Law programmes (deterrence, economics, morality and quid-pro-quo), the chapter draws attention to the existence of the conditional attribute of welfare programmes by outlining the rationales motivating each type of conditioning.Less
This chapter introduces contemporary welfare-to-work programmes in the United States and Britain. It focuses on the way contemporary welfare-to-work programmes are characterized by the conditioning of benefits upon obligations. Employing the same four rationales used when assessing the Poor Law programmes (deterrence, economics, morality and quid-pro-quo), the chapter draws attention to the existence of the conditional attribute of welfare programmes by outlining the rationales motivating each type of conditioning.
Mario Mazzocchi, W. Bruce Traill, and Jason F. Shogren
- Published in print:
- 2009
- Published Online:
- October 2011
- ISBN:
- 9780199213856
- eISBN:
- 9780191695902
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199213856.003.0001
- Subject:
- Economics and Finance, Public and Welfare
This introductory chapter starts by raising the question on the obesity epidemic and the public policy that should be done. It then examines the economic mindset beyond the food choice and market ...
More
This introductory chapter starts by raising the question on the obesity epidemic and the public policy that should be done. It then examines the economic mindset beyond the food choice and market analysis. It suggests the possible role that economics can play in understanding the market and its behaviour. It also discusses the rationale of the book and presents a detailed outline of the topics covered according to chapters.Less
This introductory chapter starts by raising the question on the obesity epidemic and the public policy that should be done. It then examines the economic mindset beyond the food choice and market analysis. It suggests the possible role that economics can play in understanding the market and its behaviour. It also discusses the rationale of the book and presents a detailed outline of the topics covered according to chapters.
Paul Hurley
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199559305
- eISBN:
- 9780191721212
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199559305.003.0005
- Subject:
- Philosophy, Moral Philosophy, Philosophy of Mind
Many rationales are offered in support of the consequentialist theory of moral standards. This chapter harnesses the challenge to consequentialism mounted in prior chapters in order to demonstrate ...
More
Many rationales are offered in support of the consequentialist theory of moral standards. This chapter harnesses the challenge to consequentialism mounted in prior chapters in order to demonstrate that the pull of many of these rationales is illusory. They do not provide a path of theoretical reflection that leads to consequentialism. They appear to result from what can profitably be seen as a misappropriation of general intuitions concerning the relationship between good/bad and right/wrong as properties of action and their misguided deployment as general intuitions concerning the relationship between good/bad as a property of states of affairs impersonally considered, and right/wrong as a property of actions. It is this misappropriation which underwrites the claim that consequentialism provides the most plausible interpretation of the general intuition that it is always right to do what is best. With this misappropriation in view, a return to the rationales that appear to favour consequentialism, reveals that their apparent support collapses.Less
Many rationales are offered in support of the consequentialist theory of moral standards. This chapter harnesses the challenge to consequentialism mounted in prior chapters in order to demonstrate that the pull of many of these rationales is illusory. They do not provide a path of theoretical reflection that leads to consequentialism. They appear to result from what can profitably be seen as a misappropriation of general intuitions concerning the relationship between good/bad and right/wrong as properties of action and their misguided deployment as general intuitions concerning the relationship between good/bad as a property of states of affairs impersonally considered, and right/wrong as a property of actions. It is this misappropriation which underwrites the claim that consequentialism provides the most plausible interpretation of the general intuition that it is always right to do what is best. With this misappropriation in view, a return to the rationales that appear to favour consequentialism, reveals that their apparent support collapses.
Wilfrid Prest
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199550296
- eISBN:
- 9780191720925
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199550296.003.0001
- Subject:
- Law, Legal History
This introductory chapter sets the scene and provides a rationale for the book as a whole. Various reasons are offered to explain why the author of such a major work as the Commentaries has yet to ...
More
This introductory chapter sets the scene and provides a rationale for the book as a whole. Various reasons are offered to explain why the author of such a major work as the Commentaries has yet to receive anything like adequate attention from biographers and historians. Besides reviewing Blackstone's fluctuating reputation, and the state of the currently available literature on the man and his career, there is some discussion of problems of evidence and the influence of Blackstone's own autobiographical account, as represented in the authoritative ‘Memoirs’ compiled by his brother-in-law James Clitherow. The chapter concludes with a brief outline of the book's main aims, as being in particular to provide a contextualized account of Blackstone's life, told so far as possible without the benefit of hindsight. The relationship between biographer and subject is also discussed.Less
This introductory chapter sets the scene and provides a rationale for the book as a whole. Various reasons are offered to explain why the author of such a major work as the Commentaries has yet to receive anything like adequate attention from biographers and historians. Besides reviewing Blackstone's fluctuating reputation, and the state of the currently available literature on the man and his career, there is some discussion of problems of evidence and the influence of Blackstone's own autobiographical account, as represented in the authoritative ‘Memoirs’ compiled by his brother-in-law James Clitherow. The chapter concludes with a brief outline of the book's main aims, as being in particular to provide a contextualized account of Blackstone's life, told so far as possible without the benefit of hindsight. The relationship between biographer and subject is also discussed.
Janet Semple
- Published in print:
- 1993
- Published Online:
- October 2011
- ISBN:
- 9780198273875
- eISBN:
- 9780191684074
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198273875.003.0002
- Subject:
- Political Science, Political Theory
This chapter discusses the family and personal background of Jeremy Bentham and the origins of the panopticon. Bentham was born in London, England in 1748 and was the eldest son of Alicia and ...
More
This chapter discusses the family and personal background of Jeremy Bentham and the origins of the panopticon. Bentham was born in London, England in 1748 and was the eldest son of Alicia and Jeremiah. His five brothers and sisters died in early childhood and only Samuel survived. When his mother died, his father married a widow whose own son Charles Abbot would play an important role in the story of the panopticon. In 1776, he wrote a successful book titled A Fragment on Government and during this time Bentham was always engaged in ambitious and wide-ranging speculations on the foundations of government and punishment. In 1830 The Rationale of Punishment was published, which explains his motivation for building the panopticon. Safeguarding the interests of the criminal was the main preoccupation of Bentham's panopticon scheme.Less
This chapter discusses the family and personal background of Jeremy Bentham and the origins of the panopticon. Bentham was born in London, England in 1748 and was the eldest son of Alicia and Jeremiah. His five brothers and sisters died in early childhood and only Samuel survived. When his mother died, his father married a widow whose own son Charles Abbot would play an important role in the story of the panopticon. In 1776, he wrote a successful book titled A Fragment on Government and during this time Bentham was always engaged in ambitious and wide-ranging speculations on the foundations of government and punishment. In 1830 The Rationale of Punishment was published, which explains his motivation for building the panopticon. Safeguarding the interests of the criminal was the main preoccupation of Bentham's panopticon scheme.
Feldman Fred
- Published in print:
- 1994
- Published Online:
- October 2011
- ISBN:
- 9780195089288
- eISBN:
- 9780199852963
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195089288.003.0013
- Subject:
- Philosophy, General
This chapter discusses different applications towards a view of the morality of abortion. It also includes a rationale behind a fairly responsible position about the morality of abortion. There are ...
More
This chapter discusses different applications towards a view of the morality of abortion. It also includes a rationale behind a fairly responsible position about the morality of abortion. There are three examples that highlight special features of abortion: the murder example, the abortion example, and the nonconception example.Less
This chapter discusses different applications towards a view of the morality of abortion. It also includes a rationale behind a fairly responsible position about the morality of abortion. There are three examples that highlight special features of abortion: the murder example, the abortion example, and the nonconception example.
Kent Greenawalt
- Published in print:
- 1995
- Published Online:
- October 2011
- ISBN:
- 9780195094190
- eISBN:
- 9780199853021
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195094190.003.0006
- Subject:
- Philosophy, Political Philosophy
This chapter considers restraint from making arguments based on religious grounds as a premium self-restraint principle in politics. There is a claim that such reliance is contrary to fundamental ...
More
This chapter considers restraint from making arguments based on religious grounds as a premium self-restraint principle in politics. There is a claim that such reliance is contrary to fundamental premises of separation of church and state and religious liberty, or is particularly threatening to social life. The chapter discusses the principle of secular motivation—that one should not advocate or promote any legal or public policy restrictions on human conduct unless one not only has and is willing to offer, but is also motivated by, adequate secular reason; the principle of secular rationale—that people should not construct secular rationalizations when they are really persuaded by religious considerations; and the principle of secular resolution—that political issues be finally resolved along secular lines.Less
This chapter considers restraint from making arguments based on religious grounds as a premium self-restraint principle in politics. There is a claim that such reliance is contrary to fundamental premises of separation of church and state and religious liberty, or is particularly threatening to social life. The chapter discusses the principle of secular motivation—that one should not advocate or promote any legal or public policy restrictions on human conduct unless one not only has and is willing to offer, but is also motivated by, adequate secular reason; the principle of secular rationale—that people should not construct secular rationalizations when they are really persuaded by religious considerations; and the principle of secular resolution—that political issues be finally resolved along secular lines.