Adrienne Héritier
- Published in print:
- 2007
- Published Online:
- May 2007
- ISBN:
- 9780199298129
- eISBN:
- 9780191711633
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199298129.003.0002
- Subject:
- Political Science, European Union
This chapter presents an overview of the topics discussed in this volume.
This chapter presents an overview of the topics discussed in this volume.
Richard Kalmin
- Published in print:
- 2006
- Published Online:
- September 2006
- ISBN:
- 9780195306194
- eISBN:
- 9780199784998
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195306198.001.0001
- Subject:
- Religion, Judaism
The Babylonian Talmud was compiled in the 3rd through 6th centuries CE, by rabbis living under Sasanian Persian rule in the area between the Tigris and Euphrates rivers. What kind of society did ...
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The Babylonian Talmud was compiled in the 3rd through 6th centuries CE, by rabbis living under Sasanian Persian rule in the area between the Tigris and Euphrates rivers. What kind of society did these rabbis inhabit? What effect did that society have on important rabbinic texts? This book offers a re-examination of rabbinic culture of late antique Babylonia. It shows how this culture was shaped in part by Persia on the one hand, and by Roman Palestine on the other. The mid 4th century CE in Jewish Babylonia was a period of particularly intense “Palestinianization,” at the same time that the Mesopotamian and east Persian Christian communities were undergoing a period of intense “Syrianization.” The book argues that these closely related processes were accelerated by 3rd-century Persian conquests deep into Roman territory, which resulted in the resettlement of thousands of Christian and Jewish inhabitants of the eastern Roman provinces in Persian Mesopotamia, eastern Syria, and western Persia, profoundly altering the cultural landscape for centuries to come. The book also offers new interpretations of several fascinating rabbinic texts of late antiquity. It also demonstrates how Babylonian rabbis interacted with the non-rabbinic Jewish world, often in the form of the incorporation of centuries-old non-rabbinic Jewish texts into the developing Talmud, rather than via the encounter with actual non-rabbinic Jews in the streets and marketplaces of Babylonia.Less
The Babylonian Talmud was compiled in the 3rd through 6th centuries CE, by rabbis living under Sasanian Persian rule in the area between the Tigris and Euphrates rivers. What kind of society did these rabbis inhabit? What effect did that society have on important rabbinic texts? This book offers a re-examination of rabbinic culture of late antique Babylonia. It shows how this culture was shaped in part by Persia on the one hand, and by Roman Palestine on the other. The mid 4th century CE in Jewish Babylonia was a period of particularly intense “Palestinianization,” at the same time that the Mesopotamian and east Persian Christian communities were undergoing a period of intense “Syrianization.” The book argues that these closely related processes were accelerated by 3rd-century Persian conquests deep into Roman territory, which resulted in the resettlement of thousands of Christian and Jewish inhabitants of the eastern Roman provinces in Persian Mesopotamia, eastern Syria, and western Persia, profoundly altering the cultural landscape for centuries to come. The book also offers new interpretations of several fascinating rabbinic texts of late antiquity. It also demonstrates how Babylonian rabbis interacted with the non-rabbinic Jewish world, often in the form of the incorporation of centuries-old non-rabbinic Jewish texts into the developing Talmud, rather than via the encounter with actual non-rabbinic Jews in the streets and marketplaces of Babylonia.
Bernard Gert, Charles M. Culver, and K. Danner Clouser
- Published in print:
- 2006
- Published Online:
- September 2006
- ISBN:
- 9780195159066
- eISBN:
- 9780199786466
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195159063.001.0001
- Subject:
- Philosophy, Moral Philosophy
BIOETHICS: A Systematic Approach is an extensive revision of Bioethics: A Return to Fundamentals. The subtitle has changed in order to emphasize that what distinguishes the authors’ ...
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BIOETHICS: A Systematic Approach is an extensive revision of Bioethics: A Return to Fundamentals. The subtitle has changed in order to emphasize that what distinguishes the authors’ approach to bioethics from almost all others is that it is systematic. It applies the account of morality and rationality presented in COMMON MORALITY: Deciding What To Do (2004) and MORALITY: Its Nature and Justification, Revised Edition (2005) to the moral problems that arise in the practice of medicine. The concept of rationality used to justify morality is the same concept that is used to define the concept of malady or disease. The book offers an account of the concept of death, and provides an account of euthanasia that fits within the systematic account of morality and rationality that have been provided. It also shows that this systematic account explains the controversy about the morality of abortion. There are new chapters on moral disagreements, abortion, and on “what doctors must know”, and significant improvements have been made in the treatment of the concepts of consent and malady. An entire chapter is devoted to the concept of mental maladies. Arguments are also developed against principlism and shows how principlism’s authors’ misunderstanding of this view undermines their criticisms.Less
BIOETHICS: A Systematic Approach is an extensive revision of Bioethics: A Return to Fundamentals. The subtitle has changed in order to emphasize that what distinguishes the authors’ approach to bioethics from almost all others is that it is systematic. It applies the account of morality and rationality presented in COMMON MORALITY: Deciding What To Do (2004) and MORALITY: Its Nature and Justification, Revised Edition (2005) to the moral problems that arise in the practice of medicine. The concept of rationality used to justify morality is the same concept that is used to define the concept of malady or disease. The book offers an account of the concept of death, and provides an account of euthanasia that fits within the systematic account of morality and rationality that have been provided. It also shows that this systematic account explains the controversy about the morality of abortion. There are new chapters on moral disagreements, abortion, and on “what doctors must know”, and significant improvements have been made in the treatment of the concepts of consent and malady. An entire chapter is devoted to the concept of mental maladies. Arguments are also developed against principlism and shows how principlism’s authors’ misunderstanding of this view undermines their criticisms.
Bruce M Landesman
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199545520
- eISBN:
- 9780191721113
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso:acprof/9780199545520.003.0024
- Subject:
- Law, Medical Law
This chapter discusses humanitarian intervention in general and examines what can be said for and against it. It considers whether medical epidemics pose any new issues for the validity of such ...
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This chapter discusses humanitarian intervention in general and examines what can be said for and against it. It considers whether medical epidemics pose any new issues for the validity of such intervention. It is argued that intervention is sometimes permissible or mandatory in the face of medical epidemics. But humanitarian intervention is a tool that can be effectively used only on rare occasions. Thus, we need a better way of dealing with the recurrent problems of the world's poor, medical and otherwise.Less
This chapter discusses humanitarian intervention in general and examines what can be said for and against it. It considers whether medical epidemics pose any new issues for the validity of such intervention. It is argued that intervention is sometimes permissible or mandatory in the face of medical epidemics. But humanitarian intervention is a tool that can be effectively used only on rare occasions. Thus, we need a better way of dealing with the recurrent problems of the world's poor, medical and otherwise.
Jeffrey Kahn
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780199246991
- eISBN:
- 9780191599606
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199246998.001.0001
- Subject:
- Political Science, Russian Politics
This book examines the development of Russia's current federal system of government from its Soviet origins, through Mikhail Gorbachev's reforms, to the presidencies of Boris Yeltsin and the early ...
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This book examines the development of Russia's current federal system of government from its Soviet origins, through Mikhail Gorbachev's reforms, to the presidencies of Boris Yeltsin and the early years of Vladimir Putin. The theoretical relationship between democracy, law, and federalism is examined with a focus on its application to the study of post‐authoritarian state systems. Federal institutions shape political agendas in the constituent units of a federation just as much as those units influence the shape of the federal whole. Case studies focus on Russia's 21 ethnic ‘republics’ (out of 89 units in a complicated multi‐level federal hierarchy) using previously unpublished primary source materials, including official documents and interviews with key participants on a variety of institutional levels.Less
This book examines the development of Russia's current federal system of government from its Soviet origins, through Mikhail Gorbachev's reforms, to the presidencies of Boris Yeltsin and the early years of Vladimir Putin. The theoretical relationship between democracy, law, and federalism is examined with a focus on its application to the study of post‐authoritarian state systems. Federal institutions shape political agendas in the constituent units of a federation just as much as those units influence the shape of the federal whole. Case studies focus on Russia's 21 ethnic ‘republics’ (out of 89 units in a complicated multi‐level federal hierarchy) using previously unpublished primary source materials, including official documents and interviews with key participants on a variety of institutional levels.
Tim Mulgan
- Published in print:
- 2006
- Published Online:
- May 2006
- ISBN:
- 9780199282203
- eISBN:
- 9780191603624
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019928220X.001.0001
- Subject:
- Philosophy, Moral Philosophy
This book develops a new theory of the obligations to future generations, based on a new Rule Consequentialist account of the morality of individual reproduction. The result is a coherent, ...
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This book develops a new theory of the obligations to future generations, based on a new Rule Consequentialist account of the morality of individual reproduction. The result is a coherent, intuitively plausible moral theory that is not unreasonably demanding — even when extended to cover future people — and that accounts for a wide range of independently plausible intuitions covering individual morality, intergenerational justice, and international justice. In particular, it is superior to its two main rivals in this area: person-affecting theories and traditional Consequentialism. The former fall foul of Parfit’s Non-Identity Problem, while the latter are invariably implausibly demanding. Furthermore, many puzzles in contemporary value theory (such as Parfit’s Repugnant Conclusion) are best solved if strict Consequentialism is abandoned for a more moderate alternative. The heart of the book is the first systematic exploration of the Rule Consequentialist account of the morality of individual reproduction. This yields a strong commitment to reproductive freedom, and also provides the best foundation for a liberal theory of intergenerational and international justice. The final chapters argue that while it will include a Rule Consequentialist account of the morality of reproduction, the best overall moral theory is likely to be a composite one, such as the Combined Consequentialism the author developed in The Demands of Consequentialism.Less
This book develops a new theory of the obligations to future generations, based on a new Rule Consequentialist account of the morality of individual reproduction. The result is a coherent, intuitively plausible moral theory that is not unreasonably demanding — even when extended to cover future people — and that accounts for a wide range of independently plausible intuitions covering individual morality, intergenerational justice, and international justice. In particular, it is superior to its two main rivals in this area: person-affecting theories and traditional Consequentialism. The former fall foul of Parfit’s Non-Identity Problem, while the latter are invariably implausibly demanding. Furthermore, many puzzles in contemporary value theory (such as Parfit’s Repugnant Conclusion) are best solved if strict Consequentialism is abandoned for a more moderate alternative. The heart of the book is the first systematic exploration of the Rule Consequentialist account of the morality of individual reproduction. This yields a strong commitment to reproductive freedom, and also provides the best foundation for a liberal theory of intergenerational and international justice. The final chapters argue that while it will include a Rule Consequentialist account of the morality of reproduction, the best overall moral theory is likely to be a composite one, such as the Combined Consequentialism the author developed in The Demands of Consequentialism.
Christopher Hood, Henry Rothstein, and Robert Baldwin
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199243631
- eISBN:
- 9780191599507
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199243638.001.0001
- Subject:
- Political Science, Comparative Politics
Why does the regulation of risks to human health and safety vary so dramatically from one policy domain to another? Why are some risks regulated aggressively and others responded to only modestly? Is ...
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Why does the regulation of risks to human health and safety vary so dramatically from one policy domain to another? Why are some risks regulated aggressively and others responded to only modestly? Is there any logic to the techniques we use in risk regulation? This book addresses these important questions by systematically examining variety amongst risk regulation regimes across policy domains, analysing the significant driving forces shaping those regimes, and identifying the causes of regulatory failure and success. In order to do so, the book develops a systems‐based concept of a ‘risk regulation regime’, which enables comparative description and analysis of the rules, institutional arrangements, and cultures that are bound up with the handling of risk within and between regimes. Using that framework, the book analyses how regimes and their constituent components are differentially shaped by three major driving forces—namely, the pressures exerted by market failure, by public opinion, and by organized interests inside and outside the state apparatus—and blame‐avoidance responses of regimes in the face of pressures for greater openness. The book applies the method to analyse a range of risk regulation regimes that cross the divide between ‘natural’ and ‘socially created’, state‐created and market‐created, ‘voluntary’ and ‘involuntary’, high‐tech and low‐tech, individually, and corporately produced risks. Those regimes include the release of paedophiles into the community, air pollution, local road safety, radon, pesticides, and dangerous dogs. The analysis reveals both variations and paradoxes that can neither be identified by single case studies, nor be easily explained by macro‐oriented approaches to understanding risk regulation. The Government of Risk shows how such an approach is of high policy relevance as well as of considerable theoretical importance.Less
Why does the regulation of risks to human health and safety vary so dramatically from one policy domain to another? Why are some risks regulated aggressively and others responded to only modestly? Is there any logic to the techniques we use in risk regulation? This book addresses these important questions by systematically examining variety amongst risk regulation regimes across policy domains, analysing the significant driving forces shaping those regimes, and identifying the causes of regulatory failure and success. In order to do so, the book develops a systems‐based concept of a ‘risk regulation regime’, which enables comparative description and analysis of the rules, institutional arrangements, and cultures that are bound up with the handling of risk within and between regimes. Using that framework, the book analyses how regimes and their constituent components are differentially shaped by three major driving forces—namely, the pressures exerted by market failure, by public opinion, and by organized interests inside and outside the state apparatus—and blame‐avoidance responses of regimes in the face of pressures for greater openness. The book applies the method to analyse a range of risk regulation regimes that cross the divide between ‘natural’ and ‘socially created’, state‐created and market‐created, ‘voluntary’ and ‘involuntary’, high‐tech and low‐tech, individually, and corporately produced risks. Those regimes include the release of paedophiles into the community, air pollution, local road safety, radon, pesticides, and dangerous dogs. The analysis reveals both variations and paradoxes that can neither be identified by single case studies, nor be easily explained by macro‐oriented approaches to understanding risk regulation. The Government of Risk shows how such an approach is of high policy relevance as well as of considerable theoretical importance.
Antony Black
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199281695
- eISBN:
- 9780191713101
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199281695.001.0001
- Subject:
- Political Science, Political Theory
This book examines the political thought of Egypt, Mesopotamia, Israel, Iran, India, China, Greece, Rome, and early Christianity from prehistory to c.200 CE. The most common discourse was sacred ...
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This book examines the political thought of Egypt, Mesopotamia, Israel, Iran, India, China, Greece, Rome, and early Christianity from prehistory to c.200 CE. The most common discourse was sacred monarchy, ranging from absolutism in Egypt to a conditional mandate in China. Justice, the rule of law, and meritocracy were generally regarded as essential. ‘The people’ were seen as recipients of royal beneficence. The exceptions were Greece and Rome; here democracy and liberty were invented. Theories of class evolved in India and China, and of the nation in Israel. Stoics and Cicero saw humanity as a single unit. Christianity revolutionized moral discourse. Philosophy, using logic, evidence, and dialectic, developed in both China and Greece. Confucius and Mozi argued for ‘humaneness’ and ethical consensus, ‘Legalists’ for coercion, realpolitik, and an authoritarian state. Plato and Aristotle, followed by Polybius and Cicero in Rome, initiated ‘Western’ political philosophy and science. Practical politics was developed by Aristotle and the Indian Kautilya. Chinese and Greek thinkers investigated the origin and purpose of the state. This book covers political philosophy, religious ideology, public ethics, constitutional theory, and official and popular political culture.Less
This book examines the political thought of Egypt, Mesopotamia, Israel, Iran, India, China, Greece, Rome, and early Christianity from prehistory to c.200 CE. The most common discourse was sacred monarchy, ranging from absolutism in Egypt to a conditional mandate in China. Justice, the rule of law, and meritocracy were generally regarded as essential. ‘The people’ were seen as recipients of royal beneficence. The exceptions were Greece and Rome; here democracy and liberty were invented. Theories of class evolved in India and China, and of the nation in Israel. Stoics and Cicero saw humanity as a single unit. Christianity revolutionized moral discourse. Philosophy, using logic, evidence, and dialectic, developed in both China and Greece. Confucius and Mozi argued for ‘humaneness’ and ethical consensus, ‘Legalists’ for coercion, realpolitik, and an authoritarian state. Plato and Aristotle, followed by Polybius and Cicero in Rome, initiated ‘Western’ political philosophy and science. Practical politics was developed by Aristotle and the Indian Kautilya. Chinese and Greek thinkers investigated the origin and purpose of the state. This book covers political philosophy, religious ideology, public ethics, constitutional theory, and official and popular political culture.
Pierre Allan and Alexis Keller (eds)
- Published in print:
- 2006
- Published Online:
- May 2006
- ISBN:
- 9780199275359
- eISBN:
- 9780191603686
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199275351.001.0001
- Subject:
- Political Science, International Relations and Politics
While an old doctrine of Just War exists, surprisingly little conceptual thinking has gone into what constitutes a Just Peace. This book presents various — and at times conflicting — viewpoints on ...
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While an old doctrine of Just War exists, surprisingly little conceptual thinking has gone into what constitutes a Just Peace. This book presents various — and at times conflicting — viewpoints on this question of Just Peace from perspectives originating in political science, history, international law, political philosophy, cultural studies, and theology, as well as from a policy perspective. The book challenges a liberal perception of peace founded on norms claiming universal scope, and instead looks to negotiation for arriving at shared views that help build a consensus on what justice might mean in specific circumstances. Although some contributors explicitly outline and advocate specific cases for ‘justifiable violence’, it is made clear that alternative and non-violent ways to peace need to be contemplated, and conceptualized. Even though the path through justice is a demanding one, its accomplishment opens the way to a durable settlement accepted by the parties initially engaged in conflict. Clearly, the more ambitious goal of peace with justice can lead to smaller chances for success. It may even derail the whole enterprise and keep the flames of violent conflict alive through the search for ‘justice’, particularly because this concept is not necessarily the same for all concerned parties. Ultimately, an inter-subjective consensus needs to be built through negotiation with both parties to a conflict so that the concepts of shared history, and an often inextricable future, can be reached with a mutual understanding. In this collective process, it is more likely that a stable foundation can be created through recognition, renouncement, and rule, and thus a Just Peace can be achieved.Less
While an old doctrine of Just War exists, surprisingly little conceptual thinking has gone into what constitutes a Just Peace. This book presents various — and at times conflicting — viewpoints on this question of Just Peace from perspectives originating in political science, history, international law, political philosophy, cultural studies, and theology, as well as from a policy perspective. The book challenges a liberal perception of peace founded on norms claiming universal scope, and instead looks to negotiation for arriving at shared views that help build a consensus on what justice might mean in specific circumstances. Although some contributors explicitly outline and advocate specific cases for ‘justifiable violence’, it is made clear that alternative and non-violent ways to peace need to be contemplated, and conceptualized. Even though the path through justice is a demanding one, its accomplishment opens the way to a durable settlement accepted by the parties initially engaged in conflict. Clearly, the more ambitious goal of peace with justice can lead to smaller chances for success. It may even derail the whole enterprise and keep the flames of violent conflict alive through the search for ‘justice’, particularly because this concept is not necessarily the same for all concerned parties. Ultimately, an inter-subjective consensus needs to be built through negotiation with both parties to a conflict so that the concepts of shared history, and an often inextricable future, can be reached with a mutual understanding. In this collective process, it is more likely that a stable foundation can be created through recognition, renouncement, and rule, and thus a Just Peace can be achieved.
David Little
- Published in print:
- 2006
- Published Online:
- May 2006
- ISBN:
- 9780199275359
- eISBN:
- 9780191603686
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199275351.003.0007
- Subject:
- Political Science, International Relations and Politics
Little raises many questions of international legality in addressing the finer concepts of peace enforcing, peacekeeping, peacemaking, and peace building. He accentuates the rule of law, democracy, ...
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Little raises many questions of international legality in addressing the finer concepts of peace enforcing, peacekeeping, peacemaking, and peace building. He accentuates the rule of law, democracy, and human rights as foundations for each of these stages towards a Just Peace. Looking towards collectively accepted international treaties for a concept of justice, Little taps into a notion of legal validity that is at least partially composed of a legitimacy that emanates from the people themselves. Although there are valid reasons for questioning who has been allowed to participate in the process developing international law, protecting the human rights of all, and labelling it justice certainly does not seem to create an untenable starting point. In fact, this approach that looks to protect the rights of all can be quite constructive because, ultimately, it is the people involved in a conflict who will determine whether a peace is just, and therefore lasting.Less
Little raises many questions of international legality in addressing the finer concepts of peace enforcing, peacekeeping, peacemaking, and peace building. He accentuates the rule of law, democracy, and human rights as foundations for each of these stages towards a Just Peace. Looking towards collectively accepted international treaties for a concept of justice, Little taps into a notion of legal validity that is at least partially composed of a legitimacy that emanates from the people themselves. Although there are valid reasons for questioning who has been allowed to participate in the process developing international law, protecting the human rights of all, and labelling it justice certainly does not seem to create an untenable starting point. In fact, this approach that looks to protect the rights of all can be quite constructive because, ultimately, it is the people involved in a conflict who will determine whether a peace is just, and therefore lasting.
Pierre Allan and Alexis Keller
- Published in print:
- 2006
- Published Online:
- May 2006
- ISBN:
- 9780199275359
- eISBN:
- 9780191603686
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199275351.003.0009
- Subject:
- Political Science, International Relations and Politics
In this concluding chapter, Allan and Keller posit that Just Peace should be defined as a process resting on four necessary and sufficient conditions: thin recognition whereby the other is accepted ...
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In this concluding chapter, Allan and Keller posit that Just Peace should be defined as a process resting on four necessary and sufficient conditions: thin recognition whereby the other is accepted as autonomous; thick recognition whereby identities need to be accounted for; renouncement, requiring significant sacrifices from all parties; and rule, the objectification of a Just Peace by a ‘text’ requiring a common language respecting the identities of each, and defining their rights and duties. This approach, based on a language-oriented process amongst directly concerned parties, goes beyond liberal and culturalist perspectives. By moving beyond the idea of a peace founded on norms claiming universal scope, each side of a conflict has a place at the negotiating table to present their own perspective on what justice might entail. This inclusion into the decision-making process helps create the feeling of personal investment in the final negotiated product. In addition, negotiators need to work towards building a novel shared reality as well as a new common language to help foster an enduring harmony between previously clashing peoples.Less
In this concluding chapter, Allan and Keller posit that Just Peace should be defined as a process resting on four necessary and sufficient conditions: thin recognition whereby the other is accepted as autonomous; thick recognition whereby identities need to be accounted for; renouncement, requiring significant sacrifices from all parties; and rule, the objectification of a Just Peace by a ‘text’ requiring a common language respecting the identities of each, and defining their rights and duties. This approach, based on a language-oriented process amongst directly concerned parties, goes beyond liberal and culturalist perspectives. By moving beyond the idea of a peace founded on norms claiming universal scope, each side of a conflict has a place at the negotiating table to present their own perspective on what justice might entail. This inclusion into the decision-making process helps create the feeling of personal investment in the final negotiated product. In addition, negotiators need to work towards building a novel shared reality as well as a new common language to help foster an enduring harmony between previously clashing peoples.
Nils Jansen
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199588763
- eISBN:
- 9780191723315
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199588763.001.0001
- Subject:
- Law, Philosophy of Law
Accounts of the nature of legal authority typically focus on the authority of officially sanctioned rules issued by legally recognised bodies — legislatures, courts, and regulators — that fit ...
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Accounts of the nature of legal authority typically focus on the authority of officially sanctioned rules issued by legally recognised bodies — legislatures, courts, and regulators — that fit comfortably within traditional state-centred concepts of law. Such accounts neglect the more complex processes involved in acquiring legal authority. Throughout the history of modern legal systems, texts have come to acquire authority for legal officials without being issued by a legislature or a court. From Justinian's Institutes and Blackstone's Commentaries, to modern examples such as the American Law Institute's Restatements and the UNIDROIT Principles of International Commercial Contracts, academic codifications have come to be seen as legally authoritative, and their norms applied as such in courts and other contexts. How have such texts acquired legal authority? Does their authority undermine the orthodox accounts of the nature of legal systems? Drawing on examples from Roman law to the present day, this book offers a comparative analysis of non-legislative codifications. It offers a contribution to the debates surrounding the harmonisation of European private law, and the growth of international law.Less
Accounts of the nature of legal authority typically focus on the authority of officially sanctioned rules issued by legally recognised bodies — legislatures, courts, and regulators — that fit comfortably within traditional state-centred concepts of law. Such accounts neglect the more complex processes involved in acquiring legal authority. Throughout the history of modern legal systems, texts have come to acquire authority for legal officials without being issued by a legislature or a court. From Justinian's Institutes and Blackstone's Commentaries, to modern examples such as the American Law Institute's Restatements and the UNIDROIT Principles of International Commercial Contracts, academic codifications have come to be seen as legally authoritative, and their norms applied as such in courts and other contexts. How have such texts acquired legal authority? Does their authority undermine the orthodox accounts of the nature of legal systems? Drawing on examples from Roman law to the present day, this book offers a comparative analysis of non-legislative codifications. It offers a contribution to the debates surrounding the harmonisation of European private law, and the growth of international law.
Adrienne Heritier
- Published in print:
- 2007
- Published Online:
- May 2007
- ISBN:
- 9780199298129
- eISBN:
- 9780191711633
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199298129.001.0001
- Subject:
- Political Science, European Union
This book poses the question: how and why do institutions change? Institutions, understood as rules of behaviour constraining and facilitating social interaction, are subject to different forms and ...
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This book poses the question: how and why do institutions change? Institutions, understood as rules of behaviour constraining and facilitating social interaction, are subject to different forms and processes of change. A change may be designed intentionally on a large scale and then be followed by a period of only incremental adjustments to new conditions. But institutions may also emerge as informal rules, persist for a long time and only be formalized later. The causes, processes, and outcomes of institutional change raise a number of conceptual, theoretical, and empirical questions. While we know a lot about the creation of institutions, relatively little research has been conducted about their transformation once they have been put into place. Attention has focused on politically salient events of change, such as the Intergovernmental Conferences of Treaty reform. In focusing on such grand events, it is easy overlook inconspicuous changes in European institutional rules that are occurring on a daily basis. Thus, the European Parliament has gradually acquired a right of investing individual Commissioners. This has never been an issue in the negotiations of formal treaty revisions. Or, the decision-making rule(s) under which the European Parliament participates in the legislative process have drastically changed over the last decades starting from a modest consultation ending up with codecision. The book discusses various theories accounting for long-term institutional change, and explores them on the basis of five important institutional rules in the European Union. It proposes typical sequences of long-term institutional change and their theorization which hold for other contexts as well, if the number of actors and their goals are clearly defined, and interaction takes place under the ‘shadow of the future’.Less
This book poses the question: how and why do institutions change? Institutions, understood as rules of behaviour constraining and facilitating social interaction, are subject to different forms and processes of change. A change may be designed intentionally on a large scale and then be followed by a period of only incremental adjustments to new conditions. But institutions may also emerge as informal rules, persist for a long time and only be formalized later. The causes, processes, and outcomes of institutional change raise a number of conceptual, theoretical, and empirical questions. While we know a lot about the creation of institutions, relatively little research has been conducted about their transformation once they have been put into place. Attention has focused on politically salient events of change, such as the Intergovernmental Conferences of Treaty reform. In focusing on such grand events, it is easy overlook inconspicuous changes in European institutional rules that are occurring on a daily basis. Thus, the European Parliament has gradually acquired a right of investing individual Commissioners. This has never been an issue in the negotiations of formal treaty revisions. Or, the decision-making rule(s) under which the European Parliament participates in the legislative process have drastically changed over the last decades starting from a modest consultation ending up with codecision. The book discusses various theories accounting for long-term institutional change, and explores them on the basis of five important institutional rules in the European Union. It proposes typical sequences of long-term institutional change and their theorization which hold for other contexts as well, if the number of actors and their goals are clearly defined, and interaction takes place under the ‘shadow of the future’.
Steven Heine and Dale S. Wright (eds)
- Published in print:
- 2004
- Published Online:
- February 2006
- ISBN:
- 9780195150674
- eISBN:
- 9780199784615
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195150678.001.0001
- Subject:
- Religion, Buddhism
The Zen Canon offers learned but accessible studies of some of the most important classical texts in the tradition of Zen Buddhism. Each essay in the volume provides historical, ...
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The Zen Canon offers learned but accessible studies of some of the most important classical texts in the tradition of Zen Buddhism. Each essay in the volume provides historical, literary, and philosophical commentary on a particular Zen text or genre of texts. Among the most prominent types of texts featured are Chan or Zen “recorded sayings” (yulu) texts, “transmission of the lamp” anthology texts (chuandenglu), koan collections, and “rules of purity” or monastic regulation texts. These canonical writings helped shape the overall conception of Zen Buddhism and the kinds of practices that have come to give Zen its identity. One theme of Zen Canon, therefore, is that the classical anti-textual posture of Zen Buddhism is not one that can be taken literally. While making fun of spiritual writing of all kinds, Zen Buddhists managed to produce one of the largest and most influential bodies of canonical texts in the world. Among the most famous Zen texts discussed in The Zen Canon are the Mazu yulu, the Lidai fabao ji, the Transmission of the Lamp Ching-te era, the Record of Hongzhi, the Wu-men kuan, and the Chanyuan qinggue.Less
The Zen Canon offers learned but accessible studies of some of the most important classical texts in the tradition of Zen Buddhism. Each essay in the volume provides historical, literary, and philosophical commentary on a particular Zen text or genre of texts. Among the most prominent types of texts featured are Chan or Zen “recorded sayings” (yulu) texts, “transmission of the lamp” anthology texts (chuandenglu), koan collections, and “rules of purity” or monastic regulation texts. These canonical writings helped shape the overall conception of Zen Buddhism and the kinds of practices that have come to give Zen its identity. One theme of Zen Canon, therefore, is that the classical anti-textual posture of Zen Buddhism is not one that can be taken literally. While making fun of spiritual writing of all kinds, Zen Buddhists managed to produce one of the largest and most influential bodies of canonical texts in the world. Among the most famous Zen texts discussed in The Zen Canon are the Mazu yulu, the Lidai fabao ji, the Transmission of the Lamp Ching-te era, the Record of Hongzhi, the Wu-men kuan, and the Chanyuan qinggue.
Adrienne Héritier
- Published in print:
- 2007
- Published Online:
- May 2007
- ISBN:
- 9780199298129
- eISBN:
- 9780191711633
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199298129.003.0004
- Subject:
- Political Science, European Union
This chapter examines the patterns of long-term institutional change which are typical for a number of important institutional rules governing the decision-making process in the European Union. It ...
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This chapter examines the patterns of long-term institutional change which are typical for a number of important institutional rules governing the decision-making process in the European Union. It discusses five institutional rules: the European Parliament's role in legislation; the presidency of the Council; the Parliament and the Investiture of the Commission; the composition of the Commission; and controlling the implementation powers of the Commission. These rules are scrutinized in the light of the theoretical explanations outlined in Chapter 3. This is done to assess which theory offers the most plausible explanation for the institutional change in a particular period of time and to ascertain whether perhaps several factors derived from different theories interact with each other in explaining the outcome.Less
This chapter examines the patterns of long-term institutional change which are typical for a number of important institutional rules governing the decision-making process in the European Union. It discusses five institutional rules: the European Parliament's role in legislation; the presidency of the Council; the Parliament and the Investiture of the Commission; the composition of the Commission; and controlling the implementation powers of the Commission. These rules are scrutinized in the light of the theoretical explanations outlined in Chapter 3. This is done to assess which theory offers the most plausible explanation for the institutional change in a particular period of time and to ascertain whether perhaps several factors derived from different theories interact with each other in explaining the outcome.
Adrienne Héritier
- Published in print:
- 2007
- Published Online:
- May 2007
- ISBN:
- 9780199298129
- eISBN:
- 9780191711633
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199298129.003.0005
- Subject:
- Political Science, European Union
This chapter draws conclusions from the theoretical interpretation of the five empirical cases. It briefly outlines the typical features of the long-term change of each case and the book's ...
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This chapter draws conclusions from the theoretical interpretation of the five empirical cases. It briefly outlines the typical features of the long-term change of each case and the book's theoretical explanations. The chapter then compares the developments of the institutional rules across cases and identifies the important aspects of the empirical stories that were not exhibited by any of the theories discussed in Chapter 1. The scope conditions of the theories that have been employed are discussed and the question of whether the theoretical insights gained on the basis of the five case studies may be extended to processes of institutional change beyond the European Union is addressed.Less
This chapter draws conclusions from the theoretical interpretation of the five empirical cases. It briefly outlines the typical features of the long-term change of each case and the book's theoretical explanations. The chapter then compares the developments of the institutional rules across cases and identifies the important aspects of the empirical stories that were not exhibited by any of the theories discussed in Chapter 1. The scope conditions of the theories that have been employed are discussed and the question of whether the theoretical insights gained on the basis of the five case studies may be extended to processes of institutional change beyond the European Union is addressed.
Jill Middlemas
- Published in print:
- 2005
- Published Online:
- February 2006
- ISBN:
- 9780199283866
- eISBN:
- 9780191603457
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199283869.001.0001
- Subject:
- Religion, Judaism
The Neo-Babylonian defeat of Judah and destruction of Jerusalem in 587 resulted in an era — commonly, though now anachronistically, known as the ‘exilic age’ — considered to be of fundamental ...
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The Neo-Babylonian defeat of Judah and destruction of Jerusalem in 587 resulted in an era — commonly, though now anachronistically, known as the ‘exilic age’ — considered to be of fundamental significance in the historical, social, and theological development of ancient Israel. Although perceived by the Hebrew Bible/Old Testament and modern scholarship as a foundational epoch, examinations of the exile tend to focus on the fraction of the community who experienced forced deportation after the collapse of Jerusalem, namely, those members of the community relocated to Babylonia. Since recent scholarship has raised awareness of renewal among the community left in Judah, the book reassesses the historical circumstances and the theological reflection made in the homeland. In drawing together recent analyses of the archaeological data and the strategies of governance adopted by the Neo-Babylonian empire, the evidence points to sufficient infrastructure in sixth-century Judah to allow for communal and religious life. The author then surveys the heterodox and Yahwistic worship practices thought to stem from this community. It is shown that interpreters have accepted perspectives of the religiosity of Templeless Judah generated by ideological stances in the ancient world and in modern scholarship. In order to gain access to the thought and distinguish themes from the people in the homeland, the author studies the book of Lamentations. Rather than formulating great theological constructs, the Judahites agonised over their troubles in prayer. In so doing, the laments attributable to Templeless Judah helpfully provide a means to ascertain other literature with a similar provenance.Less
The Neo-Babylonian defeat of Judah and destruction of Jerusalem in 587 resulted in an era — commonly, though now anachronistically, known as the ‘exilic age’ — considered to be of fundamental significance in the historical, social, and theological development of ancient Israel. Although perceived by the Hebrew Bible/Old Testament and modern scholarship as a foundational epoch, examinations of the exile tend to focus on the fraction of the community who experienced forced deportation after the collapse of Jerusalem, namely, those members of the community relocated to Babylonia. Since recent scholarship has raised awareness of renewal among the community left in Judah, the book reassesses the historical circumstances and the theological reflection made in the homeland. In drawing together recent analyses of the archaeological data and the strategies of governance adopted by the Neo-Babylonian empire, the evidence points to sufficient infrastructure in sixth-century Judah to allow for communal and religious life. The author then surveys the heterodox and Yahwistic worship practices thought to stem from this community. It is shown that interpreters have accepted perspectives of the religiosity of Templeless Judah generated by ideological stances in the ancient world and in modern scholarship. In order to gain access to the thought and distinguish themes from the people in the homeland, the author studies the book of Lamentations. Rather than formulating great theological constructs, the Judahites agonised over their troubles in prayer. In so doing, the laments attributable to Templeless Judah helpfully provide a means to ascertain other literature with a similar provenance.
Curtis J. Milhaupt and Mark D. West
- Published in print:
- 2004
- Published Online:
- August 2004
- ISBN:
- 9780199272112
- eISBN:
- 9780191601316
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199272115.001.0001
- Subject:
- Economics and Finance, Financial Economics
Using an institutional and empirical approach, this book analyses the role of formal rules (law and regulations) and informal rules (norms, practices, and shared beliefs) in the Japanese economy. ...
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Using an institutional and empirical approach, this book analyses the role of formal rules (law and regulations) and informal rules (norms, practices, and shared beliefs) in the Japanese economy. Through in‐depth studies of corporate governance and finance, mergers and acquisitions, financial regulation, organized crime, and markets for everything from venture capital to legal talent, Professors Milhaupt and West show that institutions play a crucial and heretofore overlooked role in the structure of the Japanese economy, which often is portrayed as being governed exclusively by interpersonal relations and bureaucratic fiat. As these rules change, Japanese actors are responding, reshaping corporate governance and financial markets, while eroding the bureaucracy's power.Less
Using an institutional and empirical approach, this book analyses the role of formal rules (law and regulations) and informal rules (norms, practices, and shared beliefs) in the Japanese economy. Through in‐depth studies of corporate governance and finance, mergers and acquisitions, financial regulation, organized crime, and markets for everything from venture capital to legal talent, Professors Milhaupt and West show that institutions play a crucial and heretofore overlooked role in the structure of the Japanese economy, which often is portrayed as being governed exclusively by interpersonal relations and bureaucratic fiat. As these rules change, Japanese actors are responding, reshaping corporate governance and financial markets, while eroding the bureaucracy's power.
John Ferejohn
- Published in print:
- 2009
- Published Online:
- July 2012
- ISBN:
- 9780195392135
- eISBN:
- 9780199852543
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195392135.003.0002
- Subject:
- Political Science, American Politics
Many believe that the government bears an active role and responsibility on how wealth and income are generated and distributed. With the rapid increase in income inequality in a number of the ...
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Many believe that the government bears an active role and responsibility on how wealth and income are generated and distributed. With the rapid increase in income inequality in a number of the advanced democracies, it has now become a concern on whether or not this should be considered as a threat. This chapter first examines what types of equality brings concern to the people. An outline of a normative theory of legitimacy which roots regime legitimacy in the satisfaction of an “interest tracking” condition and a political theory suggesting how income inequality can weaken democratic rule is then given.Less
Many believe that the government bears an active role and responsibility on how wealth and income are generated and distributed. With the rapid increase in income inequality in a number of the advanced democracies, it has now become a concern on whether or not this should be considered as a threat. This chapter first examines what types of equality brings concern to the people. An outline of a normative theory of legitimacy which roots regime legitimacy in the satisfaction of an “interest tracking” condition and a political theory suggesting how income inequality can weaken democratic rule is then given.
Gary Gerstle
- Published in print:
- 2009
- Published Online:
- July 2012
- ISBN:
- 9780195392135
- eISBN:
- 9780199852543
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195392135.003.0003
- Subject:
- Political Science, American Politics
Political and social historians in the last twenty years have challenged the accuracy of the interpretation that the 19th century was an era of laissez-faire which then transcended to an era of ...
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Political and social historians in the last twenty years have challenged the accuracy of the interpretation that the 19th century was an era of laissez-faire which then transcended to an era of interventionist public rule during the 20th century. However, understanding the American state between these two centuries has proceeded slowly due to the increasing complexity of American state, thus, generalizing and charting its institutional and functional character and change over time has become more complicated. This chapter focuses on the continuing importance of federalism in constituting the American state and the roles played by state governments in 19th-century economic development and regulation. The chapter likewise examines the considerable role of state governments in the regulation of race, sexuality, and morality.Less
Political and social historians in the last twenty years have challenged the accuracy of the interpretation that the 19th century was an era of laissez-faire which then transcended to an era of interventionist public rule during the 20th century. However, understanding the American state between these two centuries has proceeded slowly due to the increasing complexity of American state, thus, generalizing and charting its institutional and functional character and change over time has become more complicated. This chapter focuses on the continuing importance of federalism in constituting the American state and the roles played by state governments in 19th-century economic development and regulation. The chapter likewise examines the considerable role of state governments in the regulation of race, sexuality, and morality.
