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  • MPI Ethno. Forsch.  (427)
  • Cham : Springer International Publishing  (331)
  • New York : Palgrave Macmillan US  (77)
  • Cham : Imprint: Palgrave Macmillan  (69)
  • Political science  (251)
  • Law  (189)
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  • 1
    Online Resource
    Online Resource
    Cham : Springer Nature Switzerland | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031520266
    Language: English
    Pages: 1 Online-Ressource(XV, 374 p. 3 illus.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Aesthetics. ; Political science ; Literature
    Abstract: 1. Introduction: Occasions for Reflection on Political Possibility -- Part I. Relations Between Literary and Political Writing -- 2. J. M. Coetzee’s Fictional Ethics, Christian Howard-Sukhil -- 3. Never Out of Style: On the Critique of Literary Devices in Political Philosophy, Charlie van Veen and Catherine M. Robb -- 4. The Transpolitical Role of Poetry according to Joseph Brodsky and Seamus Heaney, Lewis Fallis -- 5. The Antagonism of Thomas Carlyle’s Romanticism and John Rawls’s Rationalism on Social and Distributive Justice, Brian Wolfel -- II. Political Psychology Depicted -- 6. Boredom as a Propositional Attitude: Reading Alberto Moravia with Hegel, Eliza Starbuck Little -- 7. Beyond Tyranny: Ethical Imagination, Erotic Education, and Justice in Shakespeare’s The Winter’s Tale, Dustin Gish -- 8. Mimetic Rivalry and the Scapegoat Mechanism in Arthur Miller’s The Crucible, Sina Movaghati.-III. Power, Violence, Resistance: Overt and Subtle, Physical and Symbolic -- 9. “Command me, Confessor": Violence, Power, and Ethics within Terry Goodkind's Sword of Truth Series, Benjamin Carpenter -- 10. Leontius in Vietnam: The Aesthetics of Violence in Michael Herr’s Dispatches, Luke Sayers -- 11. African Scarification and Slavery: from Anthropology to Allegory, Michael Janis -- 12.Flaubert and Marx on 1848, Divya Menon -- IV. Outward Corruption, Inner Corrosion, Aesthetic Redemption -- 13. Platonic Corruption in The Handmaid’s Tale, Andy Lamey -- 14. Michael Corleone, Truly Unregulated Capitalist: The Godfather II as Political Allegory and Ethical Catastrophe, Garry L. Hagberg -- 15. Retheorizing the Aristotelians’ Catharsis: The Role of Memories in Narrating and Purging Emotions, Shilpi Saxena and Diksha Sharma -- 16. The Philosopher at the Gate of the Word: A Study of Simone Weil’s Transformative Literature, Caprioglio Panizza and Philip Wilson.
    Abstract: There has been a steady stream of articles written on the relations between political thought and the interpretation of literature, but there remains a need for a book that both introduces and significantly contributes to the field – particularly one that shows in detail how we can think more freely and creatively about political possibilities by reading and reflecting on politically significant literature. This volume offers analytically acute and culturally rich ways of understanding how it is that we can productively think philosophically about political literature and what kind of distinctive conceptual progress we can make by doing so. Given the extremely widespread interest in political issues, this volume will strike resonant chords far and wide, while offering something that has not been done quite in this way and for which the time certainly seems right. Garry L. Hagberg is the James H. Ottaway Professor of Philosophy and Aesthetics at Bard College, USA and Editor of the journal Philosophy and Literature. Author of four books and editor of nine volumes, he is presently completing a new book, Consciousness Portrayed: Seven Case Studies in Philosophical Literature.
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  • 2
    Online Resource
    Online Resource
    Cham : Springer Nature Switzerland | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031494918
    Language: English
    Pages: 1 Online-Ressource(XIX, 313 p. 5 illus.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Education ; Social sciences ; Knowledge, Theory of. ; Science ; Political science
    Abstract: 1. Bad Philosophy, the Climate Crisis, and other Global Problems -- 2. Bad Academic Philosophy Responsible for Global Problems -- 3. The Post-Cartesian Blunder, and The Failure to Develop Philosophy as Critical Fundamentalism -- 4. The Post-Newtonian Blunder, and The Failure to Develop Aim-Oriented Empiricism -- 5. The Post-Enlightenment Blunder, and the Failure to Develop Academic Inquiry so as to Become Rationally Devoted to Helping Humanity Create a Civilized World -- 6. What We Need to Do -- 7. Appendix 1 How to Solve Hume’s Problem of Induction -- 8. Appendix 2 How Aim-Oriented Empiricism Would Benefit Science.
    Abstract: Universities have long been dominated by a philosophy of inquiry that may be called knowledge-inquiry. This holds that, in order to do justice to the basic humanitarian aim of helping to promote human welfare, academic inquiry must, in the first instance, seek knowledge and technological know-how. First, knowledge is to be acquired; once acquired, it can be applied to help promote human welfare. But this philosophy of knowledge-inquiry is an intellectual and humanitarian disaster. It violates three of the four most elementary rules of rational problem solving conceivable, and as a result fails to give priority to the task of helping humanity resolve those conflicts and problems of living, such as the climate and nature crises, that need to be resolved if we are to make progress to a better world – a world in which there is peace, democracy, justice, liberty, and sustainable prosperity, for all. Very few academics today are aware of this rationality scandal. We urgently need to bring about a revolution in universities around the world, wherever possible, so that academic inquiry puts all four rules of rational problem solving into practice, and becomes rationally devoted to helping humanity learn how to make progress towards a better world. Knowledge-inquiry needs to become wisdom-inquiry, rationally devoted to helping humanity create a wiser world. Nicholas Maxwell is Emeritus Reader at University College London. He has devoted much of his working life to arguing we need to bring about a revolution in academia so that it comes to seek and promote wisdom and does not just acquire and apply knowledge. He has published fifteen books on this theme.
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  • 3
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031508219
    Language: English
    Pages: 1 Online-Ressource (XL, 660 p. 49 illus., 29 illus. in color.)
    Parallel Title: Erscheint auch als
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    Parallel Title: Erscheint auch als The Palgrave handbook of sovereign wealth funds
    Keywords: International finance. ; Finance, Public. ; Financial services industry. ; Political planning. ; Sovereign Wealth Funds ; Finance ; Economics ; Santiago Principles ; Politics ; Law ; Shareholder Activism ; Institutional Framework and Governance ; Regulating Sovereign Wealth Funds ; Tax Laws and International Treaties ; Liquidity Management ; Risk Management ; Investors in Global Markets ; Portfolio Analysis ; Socially Responsible/Sustainable Investing ; Aufsatzsammlung
    Abstract: 1.Sovereign Wealth Funds: An Overview -- 2. The Evolution of Sovereign Wealth Funds: A Bibliometric Analysis -- 3. Sovereign Wealth Funds and the Local and World Economy: Are They Good or Bad Investment Actors? -- 4. Standards for Sovereign Wealth Funds: The Santiago Principles and Beyond -- 5.Controversies Surrounding Sovereign Wealth Funds -- 6.The Nature, Scope, and Governance of Sovereign Wealth Funds -- 7. Institutional Framework and Governance Structure of Sovereign Wealth Funds -- 8. Sovereign Wealth Funds and Shareholder Activism: Implications for Corporate Governance and Public Policy -- 9. Accountability and Transparency of Sovereign Wealth Funds -- 10.Balancing Profit and Politics: The Role of Sovereign Wealth Funds in Soft Diplomacy and Domestic Interests -- 11.Leveraging Sovereign Wealth Funds for Soft Power -- 12. The Impact of Tax Laws and International Treaties on Sovereign Wealth Funds -- 13. Macro-level Issues Facing Sovereign Wealth Funds: Inflation, Higher Rates, and Deglobalization -- 14. Agency Issues in Managing Sovereign Wealth Funds -- 15. Structuring an Effective Sovereign Wealth Fund -- 16. Outsourcing and Internal Management Issues of Sovereign Wealth Funds -- 17. Risk Management in Sovereign Wealth Funds -- 18. Using Fintech in Sovereign Wealth Fund Operations -- 19. Best Practices of Sovereign Wealth Funds -- 20. Investment Policies of Sovereign Wealth Funds -- 21. Why a Commercial Focus Is Key to SWF Development Success -- 22.The SWF Portfolio: Next Generation Challenges and Opportunities -- 23.Sovereign Wealth Funds and Socially Responsible and Sustainable Investing -- 24.Sovereign Wealth Funds and Climate Change -- 25. Performance of Sovereign Wealth Funds: Benchmarks and Beyond -- 26. The Norway Government Pension Fund Global: The World’s Largest Sovereign Wealth Fund -- 27. European and Asian Sovereign Wealth Funds -- 28. Sovereign Wealth Funds on Four Continents -- 29. Sovereign Wealth Funds Across Countries: Similarities and Difference -- 30. Sovereign Wealth Funds During Crises -- 31. Sovereign Wealth Funds in Venture Capital: Exploring the New Frontiers -- 32. The Interface of Islamic Finance and Sovereign Wealth Funds -- 33.The Future of Sovereign Wealth Funds: Challenges and Opportunities.
    Abstract: The Palgrave Handbook of Sovereign Wealth Funds provides a comprehensive, detailed analysis of these funds from a multidimensional perspective consisting of 33 chapters divided into seven sections. Section I provides background material about SWFs, providing a foundation for the remainder of the handbook. Section II examines various controversies, governance, and accountability topics involving SWFs. Section III discusses the political, legal, and tax aspects of SWFs. Section IV reviews numerous topics involving SWF management. Section V deals with SWFs’ policies, preferences, and performance. Section VI provides descriptive analyses of SWFs based on country or region. It also offers a comparison of SWF similarities and differences across countries. Section VII concludes by examining special issues and the future of SWFs. This handbook spans the gamut from theoretical to practical while offering the right balance of detailed and user-friendly coverage. Discussion of relevant research permeates the handbook. Although other books are available on SWFs, few are as comprehensive or provide a multidimensional perspective from academics and practitioners. This handbook fills a gap by showing how SWFs are a growing and dynamic force in international finance. “The Palgrave Handbook of Sovereign Wealth Funds was written by experts in the field on both sides of the aisle − practitioners and academicians – making it unique.” —Bader Al Rushaid Al Bader, Former Chairman of Kuwait Investment Company and Former Deputy Managing Director of Kuwait Investment Authority “Covering the history, management, politics, governance, and accountability issues relating to sovereign wealth funds, this handbook dives deep into the myriad opportunities and challenges faced by these distinctive financial institutions.” —Bill Megginson, Professor and Price Chair in Finance at the University of Oklahoma’s Michael F Price College of Business “This handbook is an excellent addition to this strategic field of sovereign wealth funds. Experts contributed to this informative handbook. I highly recommend it to anyone interested in this topic.” —Ahmad Al-Sayed, Chairman of Doha Venture Capital Fund (DVC) and Former Chief Executive Officer of Qatar Investment Authority and Qatar Holding.
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  • 4
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031529399
    Language: English
    Pages: 1 Online-Ressource(XII, 199 p.)
    Edition: 1st ed. 2024.
    Series Statement: Law and Philosophy Library 145
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
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    Keywords: Law
    Abstract: 1 Introduction -- Part I. Domain: conceptual, empirical and historical explorations of access to justice -- 2 Is there a (Human) Right of Access to Justice? -- 3 Equal access to justice: Three interpretations -- 4 Duties of assistance and the criminal/civil distinction -- 5 Unmet legal needs: identification and rich descriptions -- Part II Normative foundations -- 6 The need for a theoretical base: four arguments -- 7 Why capabilities? On the duty to, at times and provisionally, pause, cool down, and listen -- 8 The instrumentalities of access to justice in defending democratic cooperation -- Part III. Practical applications. Testing the political principles of equal access to justice -- 9 Free legal counsel and access to justice -- 10 Is group litigation legitimate? -- 11 Still Against Settlement? -- 12 Conclusion.
    Abstract: It is wrong when someone cannot exercise their rights in a court of law because they have no money to pay for a good lawyer, because they are too scared of the possible consequences, or because they simply don’t know that the law protects them. But does that mean governments have an obligation to intervene? And if so, how? This book provides the first systematic philosophical theory of equal access to justice. It begins by identifying the content of claims to equal access to justice. Then, it reviews traditional political and legal arguments on the right of access to justice, which it argues are both illuminating and insufficient. The best comparative way to approach equal access to justice, the book argues, is to think through the requirements of a moral, pre-political, duty to – at times and provisionally – pause, cool down and listen: in other words, we ought to demand that governments step in and protect access rights, because we have a moral and pre-political interest in cultivating our ability to comply with this duty. It is the recognition of this duty which best explains both law’s potential for promoting, as well as its potential for endangering, equal justice. In closing, the book tests this novel theory of equal access to justice against contemporary trends and reforms in procedural law. .
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  • 5
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031469435
    Language: English
    Pages: 1 Online-Ressource(VIII, 200 p. 1 illus.)
    Edition: 1st ed. 2024.
    Series Statement: The World of Small States 11
    Parallel Title: Erscheint auch als
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    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Law ; Law
    Abstract: 1 Navigating Law-making and Law Reform in Small Jurisdictions -- Part I Case studies in law-making in small jurisdictions -- 2 A small state, a worldwide jurisdiction: Vatican City State and its legal system -- 3 Small states and constitutional reform: democracy in Malta -- 4 Drafting for effectiveness: Tuvalu's Climate Change Resilience Act 2019 -- Part II International influences and their impact on small jurisdictions -- 5 Mapping the UK's constitutional relationship with Britain's Overseas Territories in the human rights sphere -- 6 The Long Road to a Beneficial Ownership Regime in the Cayman Islands -- 7 Law Reform and Regulated Credit Reporting Systems in Commonwealth Small Island Developing States: a study of Jamaica -- Part III Global perspectives on law-making and law reform in small jurisdictions -- 8 The Challenges and Rewards of Law Drafting in Small States.
    Abstract: This book puts the spotlight on a different and neglected aspect of law drafting and reform: the question of size. Specifically, how does the size of a jurisdiction affect its ability to make and change its laws? Some of the challenges affecting small jurisdictions include: a lack of resources and paucity of policy/drafting capacity; the pressures and pull from sources outside the jurisdiction (e.g. international bodies or NGOs; larger states; treaty commitments); a vulnerability to domestic capture (e.g. criminal elements, big local businesses, strong domestic lobby groups); weak/bad governance (e.g. laws or institutions which themselves do not encourage or promote good governance, reflection and reform); the legacy of colonial legal systems and their interaction with indigenous or customary laws; and struggles to comply with constitutional norms such as accountability and transparency. Despite these difficulties small jurisdictions also have certain advantages when it comes to making and reforming law: they can be flexible and creative; they can legislate very quickly if the political will is there; and there is strong informal/formal accountability in a small jurisdiction. This edited collection explores law reform and law drafting in small jurisdictions through the themes of sovereignty; the impact of colonialism and legal plurality; the challenges of harmonising laws at regional and international levels; and constitutional reform. Of use to researchers and practitioners alike.
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  • 6
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031540677
    Language: English
    Pages: 1 Online-Ressource(V, 168 p.)
    Edition: 1st ed. 2024.
    Series Statement: Law and Philosophy Library 146
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law ; Law
    Abstract: Introduction -- Part 1: What a Legal Obligation is -- Toward a Minimal Conception of Legal Obligation -- What is a Legal Obligation? -- Part 2: Theoretical Perspectives on Legal Obligation -- Why Any Legal Positivist Idea of Legal Obligation is Untenable: A Kantian-Gewirthian Synthesis -- Gustav Radbruch’s Theory of Legal Obligation -- Part 3: Forms of Legal Obligation -- Is There a Legal Duty not to Harm in Tort Law? -- Reflections on the Justifiability of Authority: Raz vs. Wolff.
    Abstract: This volume collects six original essays by internationally respected researchers who have devoted themselves to the study of legal obligation. It brings together works that innovatively address key dimensions of the current debates concerning legal obligation from different and, in some cases, even opposing theoretical perspectives. As a result, the collection offers a comprehensive discussion of legal obligation that promises to significantly advance our understanding of the obligatory dimension of law. What specifically connects the contributions gathered here is one common thread: coming to terms with a notion – legal obligation – that is of both practical and theoretical importance. On the one hand, it is widely regarded as a fundamental legal concept by legal practitioners and laypeople alike, as not only judges, prosecutors, lawyers, and juries but also ordinary citizens make extensive use of obligation-related terms and discourses. On the other hand, the notion of legal obligation is of paramount significance for the theory of law. Indeed, even legal theorists who, quite understandably, refuse to reduce the law to a mere obligation-imposing device and opt instead for a view in which the normative dimension of the law also encompasses powers, rights, permissions, privileges and immunities, duly acknowledge the centrality of legal obligation for the understanding and conceptualisation of law. Hence the importance of the treatments presented in this volume.
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  • 7
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031499678
    Language: English
    Pages: 1 Online-Ressource(XIV, 280 p.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
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    Keywords: Philosophy. ; Economics. ; Law ; Social sciences
    Abstract: Chapter 1: Introduction: Breaking Free from Private Control Over Knowledge -- Chapter 2: First Prolegomena: A Brief History of Intellectual Property -- Chapter 3: Prolegomena: Rationalisation of Intellectual Property -- Chapter 4: Prolegomena: The Dangers of Intellectual Property -- Chapter 5: Conclusion: Social Disintegration and the Privatisation of Knowledge.
    Abstract: The Paradox of Intellectual Property in Capitalism is an innovative book that comprehensively discusses and analyses intellectual property under capitalistic social conditions and relations. It not only addresses some historical developments of intellectual property but also brings to the fore the very notion of what knowledge is, knowledge creation, and knowledge production and appropriation within a Marxist framework. Nonetheless, the adopted approach pays heed to multiple fields of knowledge, providing rich discussions that facilitate the understanding of actual social totality in which capitalism, knowledge production and appropriation, and the struggles of appropriation mutually reinforce each other, although not devoid of antagonisms and contradictions. In light of contemporary capitalism, the transformations that social property relations are undergoing must be scrutinised – such as those brought about by the development of digitalisation and the convergence between big pharma and tech giants. What are the conditions of intellectual property creation today? What theoretical assumptions does it make? Under what social relations is intellectual property produced? Throughout, the emphasis is not on individual cases or symptoms but on the overarching logic: the logic of capitalism as revealed in intellectual property. João Romeiro Hermeto holds a PhD in philosophy from the Witten/Herdecke University, Germany.
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  • 8
    Online Resource
    Online Resource
    Cham : Springer Nature Switzerland | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031335136
    Language: English
    Pages: 1 Online-Ressource(XIV, 227 p.)
    Edition: 1st ed. 2024.
    Series Statement: Studies in Revolution and Literature
    Parallel Title: Erscheint auch als
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    Keywords: Latin American literature. ; Poetry. ; Social sciences ; Political science
    Abstract: 1. Introduction -- 2. A Poet of the "Ethics of the Real" -- 3.A Poet of the Language Crisis -- 4. A Poet of the "Part With No Part” -- 5. A Poet Who Announces the Event -- 6. A Poet of the Communist Event -- 7. A Poet of "Lost Causes” -- 8. Vallejo and Political: Art Beyond Death (Conclusions).
    Abstract: “This book reveals that the political reading of Vallejo's poetry demands that we radically rethink politics itself. The singular ethical force of this poetry resides there. We have to think reality from the excess, that is, from what does not fit in ideological schematisms, nor in the concepts themselves. With a great pedagogical spirit, through lucid theoretical expositions and precise commentaries on the texts, this book shows us that Vallejo wrote a poetry that is absolutely alive for our times: a poetry that demands that we live in a different way.” —William Rowe, Birkbeck College, University of London, UK “From this careful study, César Vallejo emerges as a poet-witness of the event, ready to assume the constitutive flaw of the human being but capable of affirming the radical possibility of a communist politics of equality. By following the philosophy of Alain Badiou, as well as the clues of other thinkers (from Marx to Mariátegui, from Butler to Žižek), Víctor Vich has succeeded in producing an original, new, and other Vallejo.” —Bruno Bosteels, Columbia University, USA This book argues that the poetry of César Vallejo announces the event, as a moment of irruption of a truth that destabilises the usual state of reality. It studies the emergence of a subject who affirms a truth that exceeds the law, interrupts hegemonic repetition, asserts universal solidarity, and defends "lost causes" despite political failure. The author reconfigures the traditional reading of Vallejo only as a poet of pain and human suffering, and offers new ways of understanding the relationship between poetry and politics. Víctor Vich is Professor at the Pontificia Universidad Católica del Perú in Lima. He has been a visiting Professor at several universities in the United States and has published various books about Peruvian poetry. He won the Guggenheim grant in 2010.
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  • 9
    ISBN: 9783031418204
    Language: English
    Pages: 1 Online-Ressource(VI, 344 p. 6 illus., 4 illus. in color.)
    Edition: 1st ed. 2024.
    Series Statement: Law, Governance and Technology Series 60
    Parallel Title: Erscheint auch als
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    Keywords: Information technology ; Mass media ; Law ; Criminal law. ; Data protection.
    Abstract: Legal Developments on Cybersecurity and Related Fields: Introductory notes and presentation -- PART I – CYBERSECURITY, CYBERDEFENCE AND LAW -- Getting critical. Making sense of the EU security framework for cloud providers -- Cyber operations targeting space systems. Legal questions and the context of privatisation -- A legal assessment of the concept of risk in reversible operations through cyber and electronic means -- Knowledge management and continuous improvement in cyberspace -- Information security metrics: challenges and models in an all-digital world -- Cyberterrorism and the Portuguese counter-terrorism act -- PART II – CYBERSECURITY AND LAW: SPECIFIC TOPICS -- Towards cybersecurity regulation of software in the European Union -- The importance of the computer undercover agent as an investigative measure against cybercrime: a special reference to child pornography crimes -- Post-Mortem data protection and succession in digital assets under Spanish law -- The suitability of the regime of technological measures for copyright protection in the face of modern cybersecurity risks -- Digital signatures and quantum computing -- No words needed? Emojis as evidence in judicial proceedings -- PART III – CYBERSECURITY, ETHICS AND FUNDAMENTAL RIGHTS -- Bug bounties: ethical and legal aspects -- Profiling and cybersecurity: a perspective from fundamental rights' protection in the EU -- Legal developments on smart public governance and fundamental rights in the digital age -- Biometric signatures in the context of Regulation (EU) nr. 910/2014 and the general data protection regulation: the evidential value and anonymization of biometric data -- Cybersecurity issues in electronic communications and some insights on digital literacy and technological infrastructures’ demands – anticipations of the European Digital Decade through the lens of a Declaration on digital rights and principles.
    Abstract: This book presents a fresh approach to cybersecurity issues, seeking not only to analyze the legal landscape of the European Union and its Member States, but to do so in an interdisciplinary manner, involving scholars from diverse backgrounds – ranging from legal experts to ICT and engineering professionals. Cybersecurity requirements must be understood in a broader context, encompassing not just conventional aspects, but also emerging topics. This can only be achieved through an interdisciplinary approach. Indeed, cybersecurity should be consistently considered in relation to cybercrime and/or cyber defense, while examining it through the lens of specific domains that are intertwined with various legal fields. Moreover, it is crucial to uphold ethical standards and safeguard fundamental rights, particularly regarding personal data protection. By adopting this comprehensive perspective, the significance of cybersecurity in the exercise of public authority becomes apparent. It also plays an essential role in upholding the fundamental values of both individual Member States and the EU as a whole, such as the rule of law. Moreover, it fosters trust, transparency, and effectiveness in market relations and public administration interactions. In turn, the book draws on the expertise of its authors to provide insights into ICT components and technologies. Understanding these elements holistically is essential to viewing every "cyber" phenomenon from a legal standpoint. In addition to the holistic and interdisciplinary approach it presents, the book offers a captivating exploration of cybersecurity and an engaging read for anyone interested in the field.
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  • 10
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031517532
    Language: English
    Pages: 1 Online-Ressource(XIII, 150 p.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
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    Keywords: Social sciences ; Ethics. ; Political science ; Philosophy of nature. ; Climatology.
    Abstract: 1. Introduction to collective and shared responsibility for climate change -- 2. Calling all collective agents -- 3. Responsibility as members -- 4. Shared social orientation and responsibility as constituents -- 5. Carbon inequality and direct responsibility -- 6.Why we need ethical arguments to set good climate policies.
    Abstract: "In this innovative book, Hormio effectively argues for an 'all hands on deck' approach to assigning climate change responsibility to a wider array of agents than is typically recognized, making the case that ethical analysis matters for complex policy problems like climate change.” —Steve Vanderheiden, Professor of Political Science, University of Colorado at Boulder, USA "By interweaving philosophical argument with real-world examples, Säde Hormio makes an important contribution to debates about collective responsibility for climate change." —Stephanie Collins, Associate Professor of Philosophy, Monash University, Australia This book proposes that it is not only states and international bodies that have a responsibility to take action toward mitigating climate change. Other collective agents, such as corporations, need to also come onboard. Additionally, the book argues that climate change is not solely a problem for collective agents, but also for individuals, as they are members of collectives and groups of several kinds. Therefore, framing climate change responsibility exclusively from either the collective or the individual perspective leaves out something crucial: how we all are influenced by the collectives we belong to and how, in turn, collectives are influenced by individuals. The focus of the book is on areas of climate change responsibility that are often left out of the picture or get too little attention in climate ethics, such as carbon inequality within countries. But why should any theoretical arguments about normative issues matter when we have a real-life climate crisis on our hands? Säde Hormio argues that ethical arguments have an important role in setting climate policy: they can highlight what values are at stake and help ground normative arguments in public deliberations. Säde Hormio is an Academy Research Fellow in Practical Philosophy at the University of Helsinki. She is also affiliated with the Institute for Futures Studies in Stockholm. Her research focuses on shared and collective responsibility.
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  • 11
    Online Resource
    Online Resource
    Cham : Springer Nature Switzerland | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031541254
    Language: English
    Pages: 1 Online-Ressource(XI, 222 p.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
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    Keywords: Political science ; Social sciences ; Political science.
    Abstract: 1. Introduction -- Part 1: Legitimacy in Global Governance -- 2. Subject and Concept of Legitimacy -- 3. Legitimacy, Justice and Democracy -- 4. The All-Affected Principle -- 5. Towards a Standard of Legitimacy for Global Governance Institutions -- Part 2: The G20 -- 6. Nature and Functions of the G20 -- 7. The Legitimacy of the G20 -- 8. Conclusions.
    Abstract: “Sören Hilbrich’s work on legitimacy and global governance is original, illuminating and very thorough in its discussion of the question of the nature of legitimacy for international institutions. I am especially impressed with the in-depth discussion of the legitimacy of the G20.” —Thomas Christiano, University of Arizona “Sören Hilbrich develops a conception of legitimacy as the right to function, which is applicable to all political institutions. The implication of this conceptually rich discussion is that we should not be too ambitious in our legitimacy standards for Global Governance institutions. This study is a remarkable achievement and is a must for those interested in International Political Theory.” —Michael Zürn, WZB Berlin Social Science Center Global governance has a major impact on the lives of people around the world. However, traditional theories of legitimacy were usually developed for states and are not suitable for the diversity of global governance institutions that exist today. This book first develops a normative concept of legitimacy that is applicable to all political institutions. According to this concept, to regard an institution as legitimate means ascribing it the right to exercise its function in political practice. Secondly, the book discusses how the use of this concept opens up new perspectives in the debate on legitimacy criteria for global governance institutions. In this context, the book analyses the relationship of legitimacy to the values of justice and democracy and discusses the role of feasibility constraints and the all-affected principle in legitimacy judgements. The concept of legitimacy as the right to function opens up the conceptual space to accommodate the insight that legitimacy criteria are not the same for all global governance institutions, but depend on their function and context. Thirdly, the book applies the developed theoretical framework to a specific global governance institution, the G20. Sören Hilbrich is a researcher at the German Institute of Development and Sustainability in Bonn, Germany.
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  • 12
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031530517
    Language: English
    Pages: 1 Online-Ressource (XII, 321 p. 36 illus., 1 illus. in color.)
    Parallel Title: Erscheint auch als
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    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als Priority of Needs?
    Keywords: Social choice. ; Welfare economics. ; Economics ; Public administration. ; Personality. ; Difference (Psychology). ; Political science ; Need-based distributive justice ; Identification of needs ; Social recognition of needs ; Social groups ; Political recognition of needs ; Welfare ; Social utility ; Justice principles ; Prioritization in the health care sector ; Pandemic ; Covid-19 ; Social equity ; Welfare state ; Social identity ; Decision-making ; Equality ; Administrative processes ; Aufsatzsammlung
    Abstract: Chapter 1. Why Prioritize Needs? -- Part I: Identification of Needs -- Chapter 2. Need as One Distribution Principle: Frames and Framing -- Chapter 3. Measuring Need-Based Justice—Empirically and Formally -- Part II: Structures and Processes of the Recognition of Needs -- Chapter 4. The Social Recognition of Needs -- Chapter 5. The Political Recognition of Needs -- Chapter 6. Deliberation and Need-Based Distribution -- Part III: Welfare Consequences of Prioritizing Need-based Distributions -- Chapter 7. Need-based Justice and Social Utility: A Preference Approach -- Chapter 8. How Sustainable is Need-Based Redistribution? -- Part IV Differentiation -- Chapter 9. Need and Street-Level Bureaucracy. How Street-Level Bureaucrats Understand and Prioritize Need -- Chapter 10. Justice Principles, Prioritization in the Health Care Sector, and the Effect of Framing -- Chapter 11. Conclusion: Elements of a Theory of Need-Based Justice.
    Abstract: This book develops an empirically informed normative theory of need-based justice, summarizing core findings of the DFG research group FOR2104 “Need-based Justice and Distributive Procedures”. In eleven chapters scholars from the fields of economics, political science, philosophy, psychology, and sociology cover the identification and rationale of needs, the recognition and legitimacy of needs, the dynamics and stability of procedures of distributions according to needs, and the consequences and sustainability of need-based distributions. These four areas are studied from the perspective of two mechanisms of need objectification, the social objectification by the discursive generation of mutual understanding (transparency) and the factual objectification by the transfer of decisions to uninvolved experts (expertise). The volume addresses academics in the fields of justice research, ethics, political theory, social choice and welfare, framing, individual and group decision making, inequality and redistribution, as well as advanced students in the contributing disciplines.
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  • 13
    ISBN: 9783031397325
    Language: English
    Pages: 1 Online-Ressource(X, 285 p. 6 illus., 5 illus. in color.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als New forms of human trafficking
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Human rights. ; Civil rights. ; European communities. ; Organized crime. ; Transnational crime. ; Law ; Criminal law
    Abstract: Chapter 1. “Don't Give Me Moral, but a Social Ideal”: From the Social Condemnation of Prostitution to the Criminalisation of Sexual Exploitation: Pimping and Human Trafficking in the Portuguese Penal Code -- Chapter 2. Cross-Border Organized Crime and Human Rights: The Awfulness of Trafficking in Human Beings. Chapter 3. Combating Human Trafficking in South Africa -- Chapter 4. Human Trafficking Policies in Scandinavia: What Happens When International Obligations Meet National Problem Definitions? -- Chapter 5. Fight Against Human Trafficking in Poland: From Theory to Practice -- Chapter 6. The Silenced Coercion of Voodoo over Nigerian Women Trafficked from West Africa to Europe -- Chapter 7. Transvestites and Transwomen in Human Trafficking for Sexual Exploitation: A Study In Brazil -- Chapter 8. Romania – Trendstetter in European Human Trafficking? -- Chapter 9. Individuals Treated As Nonpersons and the Challenge to Criminal Justice: The Specific Problems Facing Victims of Trafficking in Human Beings -- Chapter 10. Trafficking in Human Beings as an Hourglass Paradigm -- Chapter 11. The Formal Institutions of Control and the Victims of Human Trafficking: From Frequency to Impunity -- Chapter 12. Human Trafficking in Slovenia: Contemporary Issues -- Chapter 13. How Organized is Labour Trafficking? On the Involvement of Organized Criminal Groups in Labour Exploitation -- Chapter 14. Human Trafficking in Brazilian Law: The New Legal Definition -- Chapter 15. Trafficking in Persons vis-à-vis the Recent Jurisprudence of the Inter-American Court of Human Rights: Lessons for Brazil.
    Abstract: This book analyses new forms of human trafficking taking into account the transposition of the Directive 2011/36/UE which sets out minimum standards to be applied throughout the European Union in preventing and combating trafficking in human beings and protecting its victims. Sexual exploitation of trafficked persons is at its highest rate. After COVID-19, new forms of sexual exploitation have been identified, specifically in the Global South. The book analyses new forms of exploitation used by traffickers to coerce victims. Combining the perspectives of academic researchers with those of highly skilled professionals from governmental institutions, this book is a unique contribution, promoting collaboration in preventing and combating human trafficking crime, and in raising awareness of this ongoing problem.
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  • 14
    ISBN: 9783031303081
    Language: English
    Pages: 1 Online-Ressource (xiii, 260 Seiten) , Illustrationen
    Edition: 1st ed. 2024
    Series Statement: EADI global development series
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Economic development. ; Sociology. ; Anthropology. ; Political science ; Entwicklungspolitik ; Entwicklungsmodell ; Entkolonialisierung ; Alternative ; Soziale Gerechtigkeit ; Weltordnung ; Erde
    Abstract: Chapter 1.Rethinking development and decolonising development studies -- Chapter 2. Essentialist approaches to global issues: the ontological limitations of development studies -- Chapter 3. Beyond the Sustainable Development Goals: Post-development Alternatives -- Chapter 4. In search of alternatives to development: learning from grounded initiatives -- Chapter 5. Why Is Development Elusive? Structural Adjustments of Africa in the Longue durée -- Chapter 6. Cultivating post-development: pluriversal transitions and radical spaces of engagement -- Chapter 7. Beyond Deconstruction and Toward Decoloniality: Pedagogy and Curriculum Design in SWANA & South Asia Studies in US Higher Education -- Chapter 8. Data collection versus knowledge theft: relational accountability and the research ethics of Indigenous knowledges -- Chapter 9. Assuming power in new forms: Learning to feel ‘with the other’ in decolonial research -- Chapter 10. Development and Post-development in a Time of Crisis -- Chapter 11. South-South Cooperation and Decoloniality -- Chapter 12. Decolonising Development Management: Epistemological Shifts and Practical actions -- Chapter 13. What is ‘development’, and can we ‘decolonise’ it? Some ontological and epistemological reflections -- Chapter 14. EADI Roundtable: Re-casting development studies in times of multiple crises.
    Abstract: This open access book presents contributions to decolonize development studies. It seeks to promote and sustain new forms of solidarity and conviviality that work towards achieving social justice.Recognising global poverty and inequalities as historic injustices, the book addresses how these can be challenged through teaching, research, and engagement in policy and practice, and the sorts of political barriers these might encounter. From a variety of perspectives and contexts, these chapters examine how decoloniality and solidarity can be developed, offering in-depth historical, theoretical, epistemological, and empirical analyses. Henning Melber is Extraordinary Professor at the Department of Political Sciences, University of Pretoria, and at the Centre for Gender and Africa Studies, University of the Free State in Bloemfontein, South Africa. Uma Kothari is Professor of Migration and Postcolonial Studies at the Global Development Institute, University of Manchester, UK. Laura Camfield is Professor of Development Research and Evaluation and Head of the School of International Development at the University of East Anglia (UEA), UK. Kees Biekart is Associate Professor of Political Sociology at the International Institute of Social Studies (ISS) of Erasmus University, the Netherlands.
    Note: Open Access , Literaturverzeichnisse, Literaturhinweise
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  • 15
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031553042
    Language: English
    Pages: 1 Online-Ressource(XVIII, 286 p. 1 illus.)
    Edition: 1st ed. 2024.
    Series Statement: The New Synthese Historical Library, Texts and Studies in the History of Philosophy 78
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Philosophy ; Philosophy, Medieval. ; Political science ; Ethics. ; Philosophy, Modern.
    Abstract: Chapter 1. Introduction: On the Conflict between the Common Good and Individual Good (Juhana Toivanen and Heikki Haara) -- Part I: Ancient and Medieval Philosophical and Theological Views -- Chapter 2. Honestum to Goodness(Calvin Normore) -- Chapter 3. Interpreting Aristotle’s Concept of the Common Good(Anthony Celano) -- Chapter 4. Medieval Monastic Ideas of the Compatibility between the Individual and the Common Good(Ritva Palmén).-Chapter 5. Albert the Great and Thomas Aquinas on Charity and the Common Good(Iacopo Costa) -- Part II: "Common and Individual Good in Late Medieval Thought" -- Chapter 6. Convergences of Private Self-Interest and the Common Good in Medieval Europe: An Overview of Economic Theories, c. 1150–c. 1500(Cary Nederman) -- Chapter 7. Common Goods and the Common Good in John Duns Scotus(Nicolas Faucher) -- Chapter 8. Old Wine in New Wineskins: William Ockham and the Common Good in Context(Roberto Lambertini) -- Chapter 9. Is Socrates Permitted to Kill Plato? -- Part III: Common and Individual Good in Early Modern Philosophy(Juhana Toivanen) -- Chapter 10. Alignment of the Individual and Common Good in the Political Theory of Johannes Althusius(Jukka Ruokanen) -- Chapter 11. Individual and Common Utility within Grotius’s Theory of the State(Laetitia Ramelet) -- Chapter 12. The Compatibility of Individual and Common Good in Hobbes’s Philosophy(Alexandra Chadwick) -- Chapter 13. Self-Interest as a Source of the Common Good in Post-Hobbesian Natural Law(Heikki Haara) -- Chapter 14. Self-Interest and the Common Good in Early Modern Philosophy(Colin Heydt).
    Abstract: This open access volume provides an in-depth analysis of philosophical discussions concerning the common good and its relation to self-interest in the history of Western philosophy. The thirteen chapters explore both renowned and lesser-known thinkers from the Middle Ages to the eighteenth century, covering also the relevant ancient background. By bridging the gap between the medieval and early modern periods, they provide fresh insights into how moral and political philosophers understood the concepts of the common good and self-interest, along with their ethical and political implications. The concept of the common good occupies a central role in philosophical reflections on the public and private dimensions of moral and social life in contemporary debates. By exploring the rich and diverse ways in which the relationship between the common good and self-interest has been understood, this volume has the potential to contribute to our ongoing efforts to critically discern the possibilities and limitations of these concepts in the present. Thus, the volume will be useful for scholars interested in the multi-layered role of the notion of the common good both in the history of philosophy and in contemporary moral and political philosophy.
    Note: Open Access
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  • 16
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031530159
    Language: English
    Pages: 1 Online-Ressource(XIII, 257 p.)
    Edition: 1st ed. 2024.
    Series Statement: Philosophy and Politics - Critical Explorations 29
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Political science ; Ethics. ; Political science. ; Artificial intelligence.
    Abstract: Introduction -- Part I: Framing algorithmic democracy -- Chapter 1. The democratic drift -- Part II: Ethical and political challenges of Algorithmic Democracy -- Chapter 2. The Second Age of Artificial Intelligence -- Chapter 3. The virtual politician: on algorithm-based political decision-making -- Chapter 4. Digital twins: on algorithm-based political participation -- Chapter 5. Platformization: the dangers of the artificial public sphere -- Chapter 6. Moral learning by algorithms: the possibility of developing morally intelligent technology -- Chapter 7. The metaverse: building a digital hyper-economy -- Part III: Against algorithmic democracy: scope and ethical-discursive perspectives for an expansion of deliberative democracy -- Chapter 8. Artificial ethics: on the automation of morality -- Chapter 9. Critique of algorithmic reason -- Chapter 10: Dialogic digital ethics: from explicability to participation -- Chapter 11: Civil society: an ethical framework for algorithmic democracy -- Chapter 12. Institutional design for an embedded algorithmic democracy -- Index.
    Abstract: Based on a deliberative democracy, this book uses a hermeneutic-critical methodology to study bibliographical sources and practical issues in order to analyse the possibilities, limits and consequences of the digital transformation of democracy. Drawing on a two-way democracy, the aim of this book is intended as an aid for thinking through viable alternatives to the current state of democracy with regard to its ethical foundations and the moral knowledge implicit in or assumed by the way we perceive and understand democracy. It is intended to stimulate reflection and discussion on the basis that, by addressing what we understand as democracy, we can inevitably influence the reality known as democracy. Democracy’s evident regression in today’s world makes this all too apparent: it has become a hostage to all kinds of autocracies and technopopulisms, which are supported to a greater or lesser extent by the current algorithmic revolution.
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  • 17
    Online Resource
    Online Resource
    Cham : Springer Nature Switzerland | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031544194
    Language: English
    Pages: 1 Online-Ressource(IX, 311 p. 2 illus.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Social sciences ; Continental Philosophy. ; Political science
    Abstract: Chapter 1. Introduction -- Part Ⅰ. Intentionality and Actions -- Chapter 2. From Speech Act to Intentionality -- Chapter 3. The Structure of Intentionality -- Chapter 4. The Meaningful Action and Commitment -- Part Ⅱ. Collective Intentionality and Normativity -- Chapter 5. Normativity as Rational Ground -- Chapter 6. Normativity as Collective Creation -- Chapter 7. Normativity as Intersubjective Control -- Part Ⅲ. Normativity with Universal Validity -- Chapter 8. Communication and Social Evolution -- Chapter 9. Discourse Ethics and Moral Cognitivism -- Chapter 10. Critique of Cognitive Parallelism -- Chapter 11. Conclusion./ .
    Abstract: This book focuses on the formation of human social consciousness and develops a naturalist approach to social normativity. Beginning from Marx's uncompleted concept of social consciousness, the book retrospects the studies about collective intentionality in the area of philosophy of mind and social ontology. Specifically, a reinterpretation of social consciousness with respect to collective intentionality can offer us a new, naturalistic approach to the social formation and normativity. According to the naturalistic approach, we can discern the inner structure of social consciousness as a systematic pattern of Intentionality. Social consciousness involves three levels of development: subjective, objective and absolute. With this new pattern of social consciousness, the “naturalism” of the young Karl Marx can be revived. And by grasping the most essential ability of human Intentionality as the source of social formation, it also makes an interdisciplinary study of social philosophy and philosophy of mind possible. Yang Chen is an assistant professor of philosophy in the Institute of Marxist Philosophy and Chinese Modernization and the Department of Philosophy at Sun Yat-sen University in Guangzhou, China. He received his Ph.D from Goethe-University Frankfurt am Main (2022) and M.A in Philosophy from Humboldt University of Berlin (2016).
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  • 18
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031558818
    Language: English
    Pages: 1 Online-Ressource(XI, 202 p. 3 illus.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Philosophy. ; Postcolonialism. ; Terrorism. ; Political violence. ; Political science
    Abstract: 1. Introduction -- 2. Reimagining the colonial condition: understanding unhappiness in context to the colonial wound -- 3. Violent Technologies: A Historico-Philosophical Analysis -- 4. Internal Violence: A Critique of Absolute Socialisations -- 5. Corrective Sexual Violence in South Africa: a crime against the deviant Sexualised Other -- 6. Women, violence, and social activism: From Aba women’s protest to #EndSARS protests -- 7. An anger-based contextualist account of justifiable violence: An African case study -- 8. Reimagining Civil-Military Relations from a Quadrumvirate Interaction Perspective -- 9. Reading Contemporary Decolonial Iconoclasm in Belgium with Žižek, Yousfi and Fanon -- 10. A postcolonial theory of recognition: Honneth and Fanon on violence and mutual recognition.
    Abstract: This volume explores the role of violence generally but with specific reference to African concepts and themes, and the significance they have for social redress. The contributors interpret African concepts and themes to include accounts of violence, explicitly or implicitly construed from indigenous axiological resources like Ubuntu or personhood and from those works that are not African in origin but have become central in African moral, political and legal thought, such as Hannah Arendt’s On Violence and Walter Benjamin’s Critique of Violence. The volume contributes to moral philosophy, social philosophy, African philosophy, and political philosophy/theory. It situates itself within the Global South, specifically the African perspective, to explore, articulate, and defend (or even critique) African conceptions of violence. This volume also takes seriously the need to tap into the intellectual resource of the African and diasporic African episteme thru thinkers such as Steve Biko, Frantz Fanon and Reiland Rabaka. It appeals to students and researchers working in philosophy and related disciplines on violence in Africa and the postcolonial context.
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  • 19
    ISBN: 9783031466373
    Language: English
    Pages: 1 Online-Ressource(X, 226 p. 1 illus.)
    Edition: 1st ed. 2024.
    Series Statement: Palgrave Socio-Legal Studies
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law and the social sciences. ; Welfare state. ; Administrative law. ; Law ; Human rights.
    Abstract: Chapter 1. Introduction: transformations of european welfare states and social rights (stine piilgaard porner nielsen & ole hammerslev) -- Part I: State Regulation, Transformation of State egulation, And Agents Acting on Behalf of The State -- Chapter 2. Claim and blame – how welfare law institutionalises deservingness (tobias eule) -- Chapter 3. What is the function of welfare law today? Consequences of the work-line polic (inger-johanne sand) -- Chapter 4. The penal voluntary sector’s role in the nordic welfare states: a shadow state?(annette olesen, maija helminen & emy bäcklin) -- Part II: Encounters Between Welfare Professionals And Citizens -- Chapter 5. A double helix: the intertwined history of the marginalisation of welfare clients and their activist lawyers and advisers in the transformation of the welfare state in england and wales (pete sanderson & hilary sommerlad) -- Chapter 6. The paradoxical reality of welfare professionals: encounters between welfare professionals and citizens within social security in the netherlands (paulien de winter) -- Chapter 7. Asylum case adjudication in sweden, country of origin information and epistemic violence (martin joormann) -- Part III: Citizens’ Mobilisation of Social Rights -- Chapter 8. Access to justice and social rights for victims of trafficking and labour exploitation in sweden (isabel schoultz polina) -- Chapter 9. Welfare clients’ relational legal consciousness: an empirical perspective from the netherland (marc hertogh) -- Chapter 10. Youth homelessness in the danish welfare state: how do young persons in homelessness mobilise rights?(stine piilgaard porner nielsen & ole hammerslev) -- Chapter 11. Conclusion: transformations of european welfare states and social right (stine piilgaard porner nielsen & ole hammerslev).
    Abstract: This open access edited book investigates European social rights in practice from socio-legal perspectives. It brings together fourteen socio-legal scholars, representing Nordic and Western European countries, who analyse different aspects pertaining to European social rights, namely the regulation of social rights, encounters between welfare professionals and citizens, and citizens’ mobilisation of social rights. These three different aspects from the structure for the sections in the anthology, each analysing transformations related to regulation, encounters and rights mobilisation. The book contributes to the existing literature as it focuses on interdependent transformations on macro, meso and micro levels which are key for understanding processes and contexts related to European social rights in practice. It speaks particularly to academics in sociology of law and/or regulation. Stine Piilgaard Porner Nielsen is Postdoc in the Department of Law at University of Southern Denmark. Ole Hammerslev is Professor of Sociology of Law at Lund University, Sweden.
    Note: Open Access
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  • 20
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031421785
    Language: English
    Pages: 1 Online-Ressource(XXV, 521 p.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Women ; Australasia. ; History. ; Labor. ; Law ; Economic history. ; Sex.
    Abstract: 1. Work, Theory, Scholarship: Equal Pay, Pay Equity and the Sex of Gendered Work -- 2. Intermission: Pay and Personalities I -- 3. A Nineteenth-Century Legacy: Early Days, Equal Pay and Radical Women -- 4. Alarums and Excursions: Infiltrating at the Palace of Versailles -- 5. The Fortunes of the Flapper: The 1920s Generation Confronts the 1930s -- 6. Alarums and Excursion: Women Versus Men Versus Women -- 7. Intruders on the Rights of Man? 1940s Women at War and Work -- 8. Alarums and Excursions: Out of Bounds in the International Arena -- 9. A Decade of Darkness - or into the Light? The Struggles and Success of the 1950s Woman -- 10. Alarums and Excursions: Women Versus Women Versus Men -- 11. The 1960s: Decade of Radical Change or Back to 1912? -- 12. Intermission: Pay and Personalities II -- 13. Ingenuity and Intellectual Rigour: Brazen 1970s Hussies Arguing Back -- 14. Alarums and Excursions: Facts, Fictions, Fallacies and Fancies -- 15. A 1980s Skirmish into Comparable Worth -- 16. Intermission: Pay and Personalities III -- 17. Enterprising Women Confront Enterprise Bargaining: 'I’m All Right Jack' Versus 1990s Woman -- 18. Alarums and Excursions: The Inside Story -- 19. Forward to the Past, Back to the Future: Beyond the New Millennium -- 20. Conclusion: Remembering and Forgetting - Women’s Work, Women’s Rights and the Long Equal Pay Struggle.
    Abstract: This book makes a major contribution to the continuing legal and historical struggle for equal pay in Australia, with international references, including Canada, the UK and US. It takes law, history and women’s and gender studies to analyse and recount campaigns, cases and debates. Industrial bodies federally and around Australia have grappled with this issue from the late nineteenth to early twentieth century onwards. This book traces the struggle through the decades, looking at women's organisations activism and demands, union ‘pro’ and ‘against’ activity, and the 'official' approach in tribunals, boards and courts. Jocelynne A. Scutt is Senior Fellow at the University of Buckingham, UK. She published Women and The Magna Carta: A Treaty for Rights or Wrongs, Women, Law and Culture – Conformity, Contradiction and Conflict with Palgrave in 2016, and Beauty, Women’s Bodies and the Law – Performances in Plastic, Palgrave 2020. .
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  • 21
    Online Resource
    Online Resource
    Cham : Springer Nature Switzerland | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031461811
    Language: English
    Pages: 1 Online-Ressource(XVI, 291 p.)
    Edition: 1st ed. 2024.
    Series Statement: Palgrave Modern Legal History
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Great Britain ; Europe ; Law ; History, Modern. ; World politics.
    Abstract: 1. Introduction -- 2. The 1922 Constitution; Constituting a Polity -- 3. The Partition of Ireland and the 1922 Constitution -- 4. ‘The Supreme Legislative Authority Speaking as The Mouthpiece of the People’: Constituent Power and the Irish Free State -- 5. Opposition to the Constitution of the Irish Free State in 1922 -- 6. The Representative of the Crown and the Governor-General of the Irish Free State: Text and Context -- 7. The National Language and Article 4 of the 1922 Constitution -- 8. A new Constitution; a new language? How the new Courts talked about the Free State Constitution 1922 -- 9. ‘Environmental Stewardship’ and Article 11 of the 1922 Constitution -- 10. The 1922 Constitution as a failed attempt to break with Westminster tradition -- 11. Property Rights and Democratic Decision-Making: Lessons from the 1922 Constitution -- 12. The Civil War, the Constitution and the Collapse of the Rule of Law -- 13. Amending the 1922Constitution: how the process shaped the politics of a new state -- 14. What the drafters learnt in 1937 from the 1922 experience -- 15. The Afterlife of the Constitution of the Irish Free State: Constitutional Echoes in South Asia.
    Abstract: This book deals with the role, development, and legacy of the first Constitution of independent Ireland within the wider context of the establishment of the State. After decades of relative neglect, the 1920s have been receiving increased attention from historians recently thanks to the centenary of the State’s foundation. This book continues this trend of re-examination of this period and looks at key themes, such as the establishment of institutions under the Irish Free State Constitution and the focus on the ideals of popular sovereignty and democracy. It does so from novel and cross-disciplinary perspectives, and it also looks at areas which have received little to no previous attention; from individual aspects like property rights, the Irish language and environmental rights to aspects such as opposition and partition. Laura Cahillane is Senior Lecturer in the School of Law at the University of Limerick, Ireland. Donal Coffey is Assistant Professor in the School of Law and Criminology at the National University of Ireland, Maynooth.
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  • 22
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031423574
    Language: English
    Pages: 1 Online-Ressource(VIII, 401 p. 57 illus., 49 illus. in color.)
    Edition: 1st ed. 2024.
    Series Statement: Studies in Art, Heritage, Law and the Market 9
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Law ; Law ; Cultural property. ; Archaeology.
    Abstract: Introduction to the Volume -- Part I Theorizing Conservation as a Reflective Practice -- Artworks in Art Museums -- Doing Ethics in Practice: SBMK Platform Meetings -- Part II The Identity of the Art Object -- The Enfolding Object of Conservation: Artwork Identity, Authenticity, and Documentation -- When Old Was New: Rethinking Traditional and Contemporary Art and Their Paradigms of Care -- Languages of Conservation: A Comparison between Internet-based Art and Built Heritage -- No Longer Artwork -- Part III Professional Roles and Identities: Conservators, Curators, and Artists -- Visible Issues. Insights into the Professional Identity of the Conservator -- Conceptual Art and Conservation -- Reinstalling Thomas Hirschhorn’s Doppelgarage (2002): Bridging Gaps between Theory, Practice and Emotion in the Preservation of Installation Artworks -- The Increasing Role of Artists’ Estates in the Preservation of Contemporary Art.-Part IV Documentation and Decision-making in Theory and Practice -- Documenting hybrid mixed media art forms: the role of the audience -- Sharing Knowledge in Art Conservation: From Repository Building to Research Publishing -- Collections of (An)archives: Towards a New Perspective on Institutional Collecting of Contemporary Art and the Object of Conservation -- Decision-Making for the Conservation and Presentation of Thermoelectronic Chewing Gum (1970), a Political Environment by Wolf Vostell -- Part V The Role of Research in the Art Museum -- The Living Process of Conserving Performance: Theory and Practice in the Conservation of Performance-based Artworks at Tate -- Integrating Front-of-House with Behind-the-Scenes Practice in Contemporary Art Conservation -- Is Trust Enforceable? The Conservation of Contemporary Artworks from a Socio-legal Perspective -- Making Time.
    Abstract: This open access book investigates whether and how theoretical findings and insights in contemporary art conservation can be translated into the daily work practices of conservators or, vice versa, whether and how the problems and dilemmas encountered in conservation practice can inform broader research questions and projects. For several decades now, the conservation of contemporary art has been a dynamic field of research and reflection. Because of contemporary art’s variable constitution, its care and management calls for a fundamental rethinking of the overall research landscape of museums, heritage institutions, private-sector organizations and universities. At first, this research was primarily pursued by conservation professionals working in or with museums and other heritage organizations, but increasingly academic researchers and universities became involved, for instance through collaborative projects. This book is the result of such collaboration. It sets out to bridge the “gap” between theory and practice by investigating conservation practices as a form of reflection and reflection as a form of practice.
    Note: Open Access
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  • 23
    ISBN: 9783031542008
    Language: English
    Pages: 1 Online-Ressource(XIII, 288 p. 9 illus., 4 illus. in color.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Europe ; Security, International. ; Economics. ; Law
    Abstract: Chapter 1. Perspectives on the significance of borders in Europe: Past challenges, future developments -- Chapter 2. EU Border Policy: Enhanced Border Security and Challenges to Free Movement -- Chapter 3. TThe return of borders in the world economy: An EU-perspective -- Chapter 4. The boundaries of the internal market in- and outside the EU -- Chapter 5. EU norm promotion in a conflictual world. An existential necessity with obstacles? -- Chapter 6. The ability of the EU to extend its model of a social market economy beyond its borders -- Chapter 7. The EU's dependence on Russian energy — A force that divides or unites the Union? -- Chapter 8. The EU's fight against money laundering and terrorist financing in a digital and fragmented world.-Chapter 9. The European security order: Is this the end of the road? -- Chapter 10. A European Marshall Plan for a Ukraine on the way to the EU -- Chapter 11. The EU’s internal and external borders in a world torn by conflict.
    Abstract: “This book takes a sophisticated multi-disciplinary approach to the central issue of the EU’s borders in a changing and turbulent world, and the content of the volume reflects the breadth and the significance of the problem. The focus on borders is distinctive and enables some important insights about European and world order more generally. This will be an important contribution to a growing literature on the implications of the European crisis.” - Michael Smith, Honorary Professor in European Politics, University of Warwick, UK This open access book examines the implications for the EU of a radically changed international context characterized by systemic rivalry, competition over norms and regulations, and growing strategic tension. Globalization that once tied national economies together and internationalized social phenomena, such as education, research and innovation, and tourism, has gone in reverse. An opposite trend is driving the world into distinct spheres of competing models of governance, regulation, technological development, and communication. Facing the most extensive rupture of economic and inter-state relations since the onset of the Cold War, the management of the EU’s internal and external borders is taking on a completely new meaning. The open access book brings together scholars from economics, law, and political science to provide up dated assessments and policy advice on the insecurity in the neighborhood and war in Ukraine, the EU’s role in the future European security architecture, weaponized energy dependence, and the global competition on norms. Antonina Bakardjieva Engelbrekt is Professor of European Law and Board Director of the Institute for European Law at the Faculty of Law of Stockholm University, Sweden. Per Ekman is a researcher in Political Science at the Department of Government, Uppsala University, Sweden. Anna Michalski is Associate Professor in Political Science at the Department of Government, Uppsala University, Sweden. Lars Oxelheim is Professor of International Business and Finance at University of Agder, Kristiansand, Norway, Professor Emeritus at Lund University, and affiliated with the Research Institute of Industrial Economics (IFN), Sweden.
    Note: Open Access
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  • 24
    ISBN: 9783031522437
    Language: English
    Pages: 1 Online-Ressource(XV, 467 p. 3 illus., 1 illus. in color.)
    Edition: 1st ed. 2024.
    Series Statement: International Political Theory
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Political science. ; International relations. ; World politics. ; Political science
    Abstract: Chapter 1. Introduction (David Boucher, Alexandros Koutsoukis, David Reidy, David Sullivan, Peter Sutch, Howard Williams) -- Part VII: Challenges to the World Order -- Chapter 2. Rethinking Money and Trade (Aaron James) -- Chapter 3.Security in the Global Context: Blurring the Internal-External Divide (Alistair J. K. Shepherd) -- Chapter 4. Global Climate Change: Political Realism and the Case for a World Climate Bank (Alyssa R. Bernstein) -- Chapter 5. Environmental Responsibility: Oceans and the Polar Regions (Hannes Hansen-Magnusson) -- Chapter 6. Reparations for Loss and Damage? The Cosmopolitan Right in the Context of the Coloniality of Climate (Milla Vaha) -- Chapter 7. The Legitimacy of International Law (Paul B. Stephan) -- Part VIII: Justice, Reconciliation and Restoration -- Chapter 8. Global Distributive Justice (Peri Roberts) -- Chapter 9. Global Inequalities, Pluralism and Tolerance (Justyna Miklaszewska) -- Chapter 10. Crimes Against Humanity (Andrew Altman) -- Chapter 11. Private Property and the International Law System (Alice Pinheiro Walla) -- Part IX: Peace, Conflict and Force in the 21st Century -- Chapter 12. Political Violence Misliked: the Meaning of ‘Terrorism’ (Christopher J Finlay) -- Chapter 13. Desire and the Political Theology of the International (John-Harmen Valk) -- Chapter 14. Humanitarian Interventions: Ethical Dilemmas for Humanitarian NGOs (Charlotte Dany) -- Chapter 15. Just War Theory and Drone Warfare: Morality, Virtual Wars and Human Security in the War on Terror (Lily Hamourtziadou) -- Chapter 16. Democratic Peace? (Jeff Bridoux) -- Part X: Global (Mis)Conceptions -- Chapter 17. The Nature and Limits of Rawls’s International Vision (David Reidy) -- Chapter 18. Cosmopolitanism: Power Matters (Antonio Franceschet and Holly Ching) -- Chapter 19. Gender Politics: Towards a Feminist Rethinking of Disaster Response (Jordan Pascoe and Mitch Stripling) -- Chapter 20. The Clash of Civilizations and the End of History (David Sullivan) -- Chapter 21. The Open Society and Attitudes to Transnational Migration: A Process Sociological Approach to Liberal Democratic Anxieties (Alexander Mack) -- Chapter 22. The Crisis of Decency in World Politics (Steven C. Roach) .
    Abstract: As the world confronts new challenges like pandemics and climate change, academic political theory has struggled to keep pace with events. Increasingly, our thinking must become international in scope. Focusing on themes from realism, sovereignty, and the nation-state to post-colonialism, gender, and indigeneity, these volumes attempt to bring political theory into the twenty-first century. — Steven B. Smith, Alfred Cowles Professor of Political Science, Yale University, USA This is a major new work by internationally renowned editors and cutting-edge contributors. The handbook pulls off the difficult feat of simultaneously canonizing and de-parochializing International Political Theory, by extending its historical genealogy as well as its regional and thematic reach. The results are presented in accessible chapters for the student of the new field. — Peter Niesen, Professor of Political Theory, University of Hamburg, Germany An excellent example of the handbook genre, focussing on a seminal yet often under-appreciated field: international political theory… This is a must-have collection for those passionate about political philosophy at the global level. — Brian Orend, Professor of Philosophy, University of Waterloo, Canada, and author of The Morality of War As a whole, the volume takes a global perspective, de-centring Europe by providing alternative voices and by contextualizing Europe within the broader narratives… It is just what one hopes for from a handbook. — Morag Goodwin, Professor of Global Law and Development, Tilburg University, Germany This handbook provides a comprehensive exploration of International Political Theory, which in its broadest terms examines the ways in which ideas about justice, sovereignty, and legitimacy shape international politics. The two volumes of the handbook cover topics ranging from the foundations of international political thought to the latest debates in the field. Chapters 4 and 13 are available through open access under a Creative Commons Attribution 4.0 International License via link.springer.com Howard Williams is Distinguished Honorary Professor, Cardiff University, UK. David Boucher is Professor of Political Philosophy and International Relations, Cardiff University, UK; Distinguished Visiting Professor, University of Johannesburg (2015– 25), South Africa. Peter Sutch is Professor of Political and International Theory, Cardiff University, UK; Visiting Professor, University of the Witwatersrand, South Africa. David Reidy is Professor of Philosophy, University of Tennessee, USA. Alexandros Koutsoukis is Lecturer in International Relations, University of Central Lancashire, UK.
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  • 25
    ISBN: 9783031575716
    Language: English
    Pages: 1 Online-Ressource(XIV, 139 p. 2 illus.)
    Edition: 1st ed. 2024.
    Series Statement: Springer Textbooks in Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International law. ; Law ; Law ; Humanitarian law. ; Human rights. ; International criminal law. ; Law of the sea. ; Aeronautics
    Abstract: 1. Introduction to the World of International Law -- 2. Public International Law -- 3. International Humanitarian Law -- 4. International Human Rights Law -- 5. International Criminal Law -- 6. Air Law -- 7. Law of the Sea.
    Abstract: This textbook introduces readers to international law by linking it to the Harry Potter universe. Given the current changes in the international sphere away from a state-centric system to a multitude of non-state actors, it tests the legal regime by applying it to the out-of-the-box concept of wizards and thus rids the doctrinal debate of political factors. More specifically, the book explains core concepts of public international law, covering the elements of a state, state responsibility, jurisdiction, enforcement of international law and immunity. In the wizarding world, it addresses questions of statehood by discussing when a wizarding state is responsible for the crimes committed by its wizards, who has jurisdiction over crimes, and how international law is enforced. In addition, it introduces and explains the fundamentals of international humanitarian law, international human rights law, international criminal law, and air law by applying them to the wizarding world. The textbook is intended for anyone looking for an accessible introduction to public international law and its application.
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  • 26
    ISBN: 9783031535185
    Language: English
    Pages: 1 Online-Ressource (XV, 134 Seiten) , Diagramme
    Edition: 1st edition
    Series Statement: Palgrave Socio-Legal Studies
    Parallel Title: Erscheint auch als
    Keywords: Law and the social sciences. ; Human rights. ; Public law . ; Law ; Social justice.
    Abstract: 1 Introduction -- 2 The neglect of subnational legislators in research on international law and why it matters -- 3 Studying what subnational legislators do with international human rights norms -- 4 Actors, mechanisms and socio-political uses -- 5 Discussion: Varieties of cantonal paths and engagements -- 6 Conclusion and future research.
    Abstract: Making human rights a reality requires that various types of domestic actors take measures, which is often demanding, all the more so in federal systems. This open access book, Engaging with Human Rights: How Subnational Actors use Human Rights Treaties in Policy Processes, shows that an important part is played at the subnational level, with repeated back-and-forth between and within levels of governance rather than a ‘top-down’ trajectory. The dynamics of implementation at national and sub-national level is an emerging area of study. This book explores how actors use human rights treaties in the policy process, sometimes leading to an engagement that increases human rights implementation, and at other times not. Treaties provide both opportunities and constraints. Switzerland, as a highly decentralized federal state, offers a perfect setting to study the processes at work. Using legal, political, and sociological analyses, the authors draw on over 65 semi-structured interviews and focusses on two topical case studies: violence against women, including domestic violence, and the rights of persons with disabilities. This book provides a blueprint for other researchers and practitioners who wish to study the concrete implementation and impacts of human rights obligations. Jonathan Miaz is a lecturer and researcher in political science at the Institute of Political Studies of the University of Lausanne, Switzerland. Evelyne Schmid is a professor of international law at the Centre of Comparative, European and International Law at the University of Lausanne, Switzerland. Matthieu Niederhauser is a PhD Candidate at the Institute of Political Studies at the University of Lausanne, Switzerland, and was a researcher at the Global Governance Institute at University College London until November 2022. Constance Kaempfer works at the Directorate of International Law of the Federal Department of Foreign Affairs of Switzerland and is a former senior researcher at the Centre of Comparative, European and International Law at the University of Lausanne, Switzerland. Martino Maggetti is an associate professor of political science at the Institute of Political Studies at the University of Lausanne, Switzerland. .
    Note: Open Access
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  • 27
    Online Resource
    Online Resource
    Cham : Springer Nature Switzerland | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031520969
    Language: English
    Pages: 1 Online-Ressource(Approx. 360 p. 50 illus.)
    Edition: 1st ed. 2024.
    Series Statement: International Series on Public Policy
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Political planning. ; Public administration. ; Law
    Abstract: Chapter 1- A comparative journey into COVID-19 policies in Europe -- Part 1 - Patterns of crisis decision-making -- Chapter 2- What’s in a Name? European uses of States of Exception during COVID-19 -- Chapter 3 -The role of parliaments in exceptional times -- Chapter 4 - Elections and special voting arrangements. -Chapter 4 - Elections and special voting arrangements -- Chapter 5. Varieties of democracies in the COVID-19 pandemic -- Chapter 6 - Territorial countervailing powers under the pandemic -- Part 2 - Human rights protection in crisis times -- Chapter 7 - Limits and lessons of COVID-19 apps -- Chapter 8 - The impact of measures against COVID-19 on freedom of press and expression -- Chapter 9 - Restrictions on religious worship -- Chapter 10 - Freedom of movement -- Chapter 11 - COVID-19 and Asylum Rights -- Part 3 – Non-pharmaceutical interventions -- Chapter 12- Stay at home! A comparative analysis of the implementation of lockdowns as a response to the COVID-19 pandemic -- Chapter 13. Masks and social distancing during COVID-19 -- Chapter 14. Education In Times of COVID-19 -- Chapter 15. Compulsory medical examinations and “green pass” -- Chapter 16 - Lockdowns and mobility rate variation in the Covid19 era.
    Abstract: This open access book examines the diverse strategies implemented by national and local European governments to contain the Covid-19 pandemic. Rather than focus on individual national case studies, it brings together leading scholars and policymakers to analyse the wide range of containment policies utilised across the continent at various levels of government. In doing so, the volume assesses Covid-19 crisis-management experiences to identify good practices based on comparative and fine-grained evidence. It argues that such a stock-taking exercise is crucial to better prepare European polities and societies for future crises, including climate change and environmental disasters. The book will appeal to scholars and students of public policy, crisis-management, public administration, international relations and comparative law. Clara Egger is Assistant Professor of Global Governance in the Department of Public Administration and Sociology, Erasmus School of Social and Behavioural Sciences, Erasmus University Rotterdam, the Netherlands Raul Magni-Berton is Professor of Political Science and Scientific Director at the European School of Political and Social Sciences, Lille Catholic University, France. Eugenie de Saint-Phalle is Lecturer at the University of Groningen, the Netherlands.
    Note: Open Access
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  • 28
    Online Resource
    Online Resource
    Cham : Springer Nature Switzerland | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031605871
    Language: English
    Pages: 1 Online-Ressource(XII, 149 p. 1 illus.)
    Edition: 1st ed. 2024.
    Series Statement: Political Philosophy and Public Purpose
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Political science. ; Political science ; Ethics. ; Human rights.
    Abstract: Chapter 1: Seeking Unity In A Pluralistic World -- Chapter 2: Pluralism In Liberal Political Theory: From Pluralism As A Fact To Pluralism As An Inherent Value -- Chapter 3: Respect As The Default Moral Principle Of A Liberal Political Community: Why Does Respect At The Essentially Political Level Not Lead To Respect At The Structural Level? -- Chapter 4: The Dual Interpretation Of The Criterion Of Reciprocity: The Path To A More Respectful Political Community -- Chapter 5: Disrespect And Misrecognition As A Reason For Lack Of Commitment To The Political Community: The Case Of Young French Citizens Of Immigrant Origin -- Chapter 6: Respect, Civic Friendship, And The Role Of Emotion.
    Abstract: This book examines what the justification of political power and the character of a liberal political community in the conditions of pluralism should look like, with the aim of equal respect for all. Sylvie Bláhová argues that if those who understand the principle of respect as the basis of political liberalism are to fulfill all the prerequisites of this principle, they must ensure respect within the liberal political community as a whole. The classic interpretation of political liberalism ensures respect during the process of justification of political power, yet many individuals in the liberal political community remain disrespected, mainly due to their group membership. Accordingly, Bláhová looks for a more complex interpretation of the principle of respect within political liberalism, one that ensures respect beyond the justification of political power. The author argues that the way to achieve respect in the liberal political community is to interpret the criterion of reciprocity in a dual way. Specifically, Bláhová claims that respect can be ensured only only in conjunction with the principle of civic friendship, which makes respect more comprehensive. This novel interpretation can ensure unity of the liberal political community and make it stable, which is crucial in conditions of pluralism. Sylvie Bláhová is Assistant Professor at the Department of Political Science, Philosophical Faculty, University of Hradec Králové, Czechia. .
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  • 29
    ISBN: 9783031284977
    Language: English
    Pages: 1 Online-Ressource(XXVII, 1100 p. 1 illus.)
    Edition: 1st ed. 2024.
    Series Statement: LCF Studies in Commercial and Financial Law 2
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
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    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Law ; Information technology ; Mass media ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law).
    Abstract: Transformations: An Introduction to this volume and reflections on uniform law conventions as public and private law -- Part One – European framework – the world we live in -- Six Very Strange Years -- Brave New World: Dispute resolution under the EU – UK Trade and Cooperation Agreement -- Brexit and Arbitration Agreements -- Transnational commercial litigation. Discussing the 2020 Model Rules and the 2019 Hague and 2018 Singapore Conventions -- Style and Form of Judgments in France : enter the Rapporteur public -- The Norwegian Concept of “Room for Manoeuvre”: A Nail in the EEA’s Coffin -- The Reach of Free Movement: The Right to Export Sickness Benefits Within the European Union and the European Economic Area -- Part Two– Transformations in public international law -- General Principles of Law in International Law and Common Law -- The Chorzow Factory Case and the Protection of Industrial Property under International Law -- Settlement of disputes by the International Court of Justice: twosouls in the Court’s breast -- A Developing Field of Activity: Reparation for Breaches of Human Rights in the Case Law of the International Court of Justice -- The jurisprudence of the International Court of Justice between utilitas publica and utilitas singulorum (1947-1962) -- The Factory of Chorzów case: a bridge between international law and private law -- Part Three – Transformations in private law – method and public policy -- Fundamental rights, freedoms and contract law. Comparing legal systems -- Poverty in the capitalistic legal order -- Hayek in Brussels. Uniform Private Law and neo-liberal orthodoxy -- Another Europe after the pandemic? Reflections on solidarity and the nature of private rights -- Ruling economic contractual relations: the predictability of pandemics and of their implications -- Part Four – Transformations in contract law -- The developing role of good faith and the emerging concept of a relational contract -- Trust and the (EU) Capital Market. Theory and Case Studieson a New Mesotes in Business Law -- The fiduciary entrustment contract -- Spunti di riflessione in tema di diligenza e autonomia privata nel diritto privato italiano -- La prudenza come paradigma conoscitivo nei sistemi di civil law: l’influsso sulla formazione del giurista -- Europe needs a true business law. What does that mean? -- Some Reflections on the Nature of Decentralized (Autonomous) Organizations -- Contract automation from telematic agreement to smart contracts -- Some considerations for research on the sale of movable goods -- The French Model and the Development of Authors’ Rights -- The control of contract power and standard terms in Italy and Canada: a comparative overview -- Part Five – Transformations in tort law -- Forty Years of travels in the province of the law of tort. A memoir -- Damages and Benefits: new rules for the Compensatio Lucri cum Damno doctrine -- A Flower Never Blossomed: The Overshadowed Silhouette of Privacy in the Realm of the English Law of Tort -- Artificialintelligence and liability: the strategy of the European Union -- Damages liability caused by robot and artificial intelligence: a question of safety -- Artificial Intelligence And Tort Liability -- Part Six – Transformations in EU law – tort, remedies and interventions -- The EU, the Member States and Damages Liability -- Supervisory liability for surveillance failure in the EU financial system -- EU Financial Regulation and Private Law: Towards a Holistic Approach -- The remedies of retail clients of investment firms in the light of the decisions of the Italian Financial Ombudsman -- Consumer protection extended to commonholds in the view of the Court of Justice of the European Union -- Financial resilience issues in agriculture -- Part Seven – Digitalised world – assets, privacy and party autonomy -- International Regulatory Competition in Crypto Finance and Comparative Discussions -- The role of the EU Court of Justice in relation to the European law on eCommerce and liability of Internet Service Providers -- Smart contracts in the financial sector: Fintech's prospects and risks -- Legal protection of the human personality and the emergence of digital identity. The case of Italy -- A Multifaceted Issue Called “Big Data”: Different views on Privacy, Consumer Protection and Free Trade in Search for a Synthesis -- Data and Territory. The impact of the “local” in the regulation of digital technologies and algorithmic decision-making -- Informed Consent in Italian Digitalized Insurance Contracts. From the Privacy Shield to Schrems II.
    Abstract: Eminent lawyers from academia, international judiciary and legal practice join up to honour Professor Mads Andenas KC (Hon). Contributions form a cutting edge volume across legal disciplines led by an advisory editorial committee including Prof. Guido Alpa, Prof. Carl Baudenbacher, Prof. Eirik Bjorge, Prof. Giuseppe Conte and Prof. Duncan Fairgrieve. The general private law of tort and delict is subject to a transformation where the traditional national framework is becoming gradually less relevant. Much of the modernisation of private law takes place not at the domestic level but at a European or international level such as in international commercial conventions or EU consumer protection legislation. Remedies in regulatory law are becoming ever more important. The role of the European Court of Justice in developing general principles of contract and tort is ever increasing. Tort liability is an important subject of international conventions with the case law of the International Court of Justice developing general principles of tort liability in public international law.
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    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031553226
    Language: English
    Pages: 1 Online-Ressource(VIII, 338 p. 2 illus., 1 illus. in color.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
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    Keywords: Europe ; Law ; Political sociology. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; World politics.
    Abstract: Introduction -- Part I: General aspects of the rule of law and populism in the European Union -- 1. Historical Perspectives on the Democratic Deficit(s) -- 2. Populism and segmentation in contemporary Europe -- 3. Democracy in Europe: Between a Rock and Hard Place -- 4. Populism, human rights, and (un-)civil society -- 5. The Epistemic Vices of Democracies in the Age of Populism -- 6. Too Little, But Not Too Late? Assessing the Role of Sanctions in the EU's Rule of Law Conflict with Poland -- Part II: Political perspectives on populism and the rule of law in key political contexts -- 7. The rule of law as a cornerstone of anti-populism: European institutions, populists, and the people in European Parliament debates -- 8. Democracies Under Pressure in Pandemic Times: The Relationship between State of Emergency and Rule of Law in Angela Merkel and Victor Orbán’s Political Communication -- 9. Gender rights and opposition to Populism -- 10. Left populism and the rule of law. Notes based on the Greek and Ecuadorian experiences -- 11. Predictors of populism and anti-populism in France and Poland: A comparative analysis -- Part III: Legal Perspectives on the Rule of Law in the European Union and Threats Posed by its Violation -- 12. The Principle of Legality as a Pillar of the EU's Rule of Law: Bridging the Gap Between International and National Law -- 13. Conditional or sustainable? The rule of law and judiciary reforms in the Western Balkans -- 14. EU social policy, social partners, and the rule of law -- 15. Climate change litigation and the rule of law in the European Union -- 16. The EU Sustainable corporate governance initiative and the rule of law -- Conclusions. .
    Abstract: This book reflects on the nature of the rule of law in the European Union and the present and future consequences of the attacks that are undermining it. Presenting various case studies, it analyses violations of the rule of law and their impact on the quality of European democracy and on the workings of civil and political society. Written from an interdisciplinary perspective, the book connects legal aspects related to infringements of the rule of law with their political and sociological consequences at both a general and the EU level. The book is divided into three parts. The first focuses on the rule of law in the European context and the threats to democracy posed by its violations. It examines how populist movements and parties utilize the erosion of the checks and balances in liberal democracies to weaken resisting intermediate bodies, such as dissenting civil society groups. The second part concentrates on the political perspectives, which it approaches both in terms of its general features and through a set of case studies related to violations of the rule of law. The third part provides a legal perspective on these issues and examines the impact of the rule of law and its infringement in several areas, impacting both the internal and external dimensions of the EU.
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    Online Resource
    Online Resource
    Cham : Springer Nature Switzerland | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031543548
    Language: English
    Pages: 1 Online-Ressource(XV, 307 p. 7 illus., 3 illus. in color.)
    Edition: 1st ed. 2024.
    Series Statement: Palgrave Socio-Legal Studies
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law and the social sciences. ; Criminology. ; Social justice. ; Victims of crimes. ; Law ; Law
    Abstract: Section I – Introduction -- 1. Doctoring, Distorting, Denying, Doubting: Ignorance Production in the Age of Agnosis. By James Gacek and Richard Jochelson -- Section II - Punishing places and ignorance production -- 2 . “You Just Roll with the Punches”: The Manufacturing of Consent to Violence in Professional Ice Hockey. By Martine Dennie -- 3. Agency, Resistance, and Alienation: The Carceral Geographies of Art in the American Prison System. By Adam C. Morse -- Section III - Of Medical Doctors and ‘Spin’ Doctors: The socio-medical politics of ignorance production -- 4.Pandemic, epidemic, and systemic issues in US healthcare: Discussing the dynamics of a hybrid model and its impact on varied communities. By Amny Shuraydi and Amin Asfari -- 5. Gone, but not Forgotten: The Agnotological Necropolitics of Inquest Fatality Reports. By James Gacek, David Ireland, and Richard Jochelson -- Section IV - Towards Truth? Epistemic (in)justice in the Age of Agnosis -- 6.Faded by Design: Manufacturing Agnosis of Settler-Colonialism in an Era of Indigenous Truth and Reconciliation in Canada. By Shawn Singh and Brandon Trask -- 7.Fragmenting Epistemologies: Towards Philosophical Foundations for Machine Learning in Law. By Katie Szilagyi -- Section V – Framing Family and Falsehoods: The legal and illegal production of ignorance -- 8.Mothering Under the Snow: Uncovering Mother work Under the Whitewashed Construct of the Good Mother. By Rebecca Jaremko Bromwich -- 9. A ‘need-to-know’ basis. By Charles Louisson -- Section VI – Proving Facts and Vax: The Age of Agnosis in the Age of COVID-19 -- 10. Call it Democracy: The slippage amongst rights, laws, and values in the pandemic era. By Brandon Trask -- 11.Shortfalls of the Bioethical Approach to COVID-19: Vaccine Hesitancy, the Right to Choose and Public Health Management in Canadal. By Shawn Singh -- 12.Conclusion.
    Abstract: This book seeks to further the understanding of the human experience of coerced and forced ignorance on social, human rights and criminal justice related topics, drawing together scholars from multiple, disciplinary fronts. It argues that people in our social world are forced or coerced through either implicatory or interpretive denial that is normalized through specific cultural and social mechanisms by which we refer to this as non-knowledge or agnosis. There has also been a lack of scholarship which examines how human victimization and power intersects by and through the systematic orchestration of forced ignorance and doubt upon daily human life. This book's focus is an examination of the ways in which people find themselves in social spaces without empirical clarity and understand that absence as satisfaction, stability, or perhaps even pleasure. It discusses a range of topics, including for example people's sense of relative safety, despite empirical realities suggesting otherwise. This book seeks to make visible the role of ignorance in governing society, highlighting how the late modern human experience in a post-World War II human rights era subsumes, subverts, and sublimates the complex relationship between knowledge and denial; the empirical gulf between knowledge and resistance may indeed breed complicit bliss. James Gacek is Associate Professor in the Department of Justice Studies at the University of Regina, Canada. Richard Jochelson is Professor in the Faculty of Law at the University of Manitoba, Canada.
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    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031423611
    Language: English
    Pages: 1 Online-Ressource(XXXII, 1536 p.)
    Edition: 1st ed. 2024.
    Series Statement: Springer Commentaries on International and European Law
    Parallel Title: Erscheint auch als
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    Keywords: Law
    Abstract: Title VI Transport -- Title VII Common Rules on Competition, Taxation and Approximation of Laws -- Chapter 1 Rules on Competition -- Section 1 Rules Applying to Undertakings -- Section 2 Aids Granted by States -- Chapter 2 Tax Provisions -- Chapter 3 Approximation of Laws -- Title VIII Economic and Monetary Policy -- Chapter 1 Economic Policy -- Chapter 2 Monetary Policy -- Chapter 3 Institutional Provisions -- Chapter 4 Provisions specific to Member States whose Currency is the Euro -- Chapter 5 Transitional Provisions -- Supplement to Title VIII -- Title IX Employment -- Title X Social Policy -- Title XI The European Social Fund.
    Abstract: The Commentary on the Treaty on the Functioning of the European Union (four volumes) is a major European project that aims to contribute to the development of ever closer conceptual and dogmatic standpoints with regard to the creation of “Europeanised research on Union law”. Following on from the Commentary on the Treaty on European Union, this book presents detailed explanations, article by article, of all the provisions of the TFEU, discussing the application of Union law in the national legal orders and its interpretation by the Court of Justice of the EU. The authors are academics and practitioners from all across Europe and different legal traditions, some from a constitutional law background, others experts in the field of international law and EU law. Reflecting the various approaches to European legal culture, this book promotes a system concept of European Union law toward more unity notwithstanding its rich diversity grounded in national traditions.
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  • 33
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031316869
    Language: English
    Pages: 1 Online-Ressource(VI, 206 p. 45 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: Law, Governance and Technology Series 55
    Parallel Title: Erscheint auch als
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    Parallel Title: Erscheint auch als
    Keywords: Information technology—Law and legislation. ; Mass media—Law and legislation. ; Law—Europe. ; Criminal law—International unification. ; Information technology ; Mass media ; Law ; Criminal law
    Abstract: Introduction: Setting the Scene on EIO and the Interaction between Law and Technology -- EU Legislation on EIO and Its Implementation in the Member States -- EU Initiatives on the Implementation of the EIO -- The Challenging Path towards the Establishment of the EU Legal Framework Regulating Cross-border Access to Digital Evidence -- Evidence Exchange under the EIO: Technological Challenges -- e-CODEX: A Secure Infra-structure for Cross-border Cooperation -- e-Evidence Digital Exchange System (eEDES) -- Evidence Exchange Standard Package: An Application CASE Ontology Complied for the Preparation of the Evidence Package and Its Exchange -- Legal Framework for Digital Evidence Following the Implementation of the EIO Directive: Status Quo, Challenges and Experiences in Member States -- Data Protection and European Investigation Orders -- Different Perspectives on EIO -- Training on EIO: Overview of Training Courses in the EU -- Training on EIO: TREIO Project.
    Abstract: In the era of globalisation, cross-border crimes are becoming increasingly common. The nature of these crimes is complex, and cross-border evidence exchange is, therefore, crucial to the successful prosecution of these offences. The exchange of evidence between countries can provide invaluable assistance in solving crimes that have an international dimension. The European Investigation Order (EIO) allows judicial authorities to request evidence more quickly and easily than via traditional instruments. The EIO has become the primary legal tool for gathering trans-border evidence, replacing the traditional Mutual Legal Assistance (MLA) conventions previously used. However, the EIO is not the only pertinent legal instrument for cross-border evidence gathering within the EU. Accordingly, professionals need a clear understanding of this subject. Exchanging evidence among judicial authorities in the EU Member States presupposes two essential components. First, there must be a secure communication channel. This is provided by e-CODEX, which offers a European digital infrastructure for secure cross-border communication in the field of justice. Recently (May 30th, 2022), the e-CODEX system became the digital backbone of EU judicial cooperation in civil and criminal matters on the basis of Regulation 2022/850. To achieve effective evidence exchange via EIO/MLA legal instruments, there must also be a communication tool. This is provided by the e-Evidence Digital Exchange System, which is capable of managing any EIO/MLA procedures/instruments, from the e-Forms (EIO Annexes) to the whole business logic, on the basis of the e-CODEX system. Finally, it is essential to use a uniform standard for the representation of evidence data and metadata, so as to streamline the process and make investigations more effective, in particular when it comes to complicated criminal cases where it is key to find either correlations among different cases or to extract multiple types of data from the same inspection. The importance of cross-border evidence exchange in criminal matters cannot be overstated. This book addresses all the above-mentioned aspects, offering an up-to-date overview of scenarios in cross-border judicial cooperation from both juridical and technical standpoints.
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  • 34
    ISBN: 9783031405167
    Language: English
    Pages: 1 Online-Ressource(XI, 355 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Law, Governance and Technology Series 57
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Information technology ; Mass media ; Law ; Technological innovations. ; Computers ; Business information services. ; Computational intelligence.
    Abstract: Introduction -- Part I - Content -- The Legal Challenges of the Fourth Industrial Revolution: Copyright in the Digital Single Market - between new uses of protected content and fairness considerations -- Due diligence obligations and liability of intermediary services: the Proposal for the EU Digital Services Act -- Legal challenges posed by the modern-day transportation services. A brief overview from the private law perspective -- The regulation of content moderation -- Part II - Economy -- The European Way to Regulate Big Tech: the EU’s Digital Markets Act -- “eCommerce and EU consumers' rights” -- Online platforms and taxes in the EU: a compatible match? -- Regulating Digital Advertising from the Perspective of the 4th Industrial Revolution -- Part III - Security -- The European Union Strategy for Cybersecurity -- Remarks on the use of biometric data systems (and facial recognition technologies) for law enforcement purposes: security implications of the Proposal for an EU Regulation on Artificial Intelligence -- Cyber operations threatening the European Union and its member states: the rise of the European Union as a cyber defence actor -- Part IV - People -- Data Protection Litigation System under the GDPR -- R2D: The Right to Disconnect from Work -- Is There a Need for an EU Catalogue of Fundamental Digital Rights? -- Countering terrorism propaganda online through TERREG and DSA: a battlefield or a breath of hope for our fundamental human rights? -- AI and Fundamental Rights: the People, the Conversations, and the Governance Challenges.
    Abstract: This book explores the concept of a fourth industrial revolution as an expression of the current technological, economic, and social changes sparked by the growing interconnectivity and intelligent automation that have emerged in the 21st century. It seeks to identify and explain the legal challenges posed by this phenomenon in four main areas: content, economy, security, and people. Part I, Content, considers e.g. the problems posed by new uses of protected works in the digital environment, and the new rules on liability for intermediary services contained in the Digital Services Act. Part II, Economy, is particularly concerned with the regulation of Big Tech in the EU’s Digital Markets Act, ecommerce and EU consumers’ rights, the taxation of online platforms, and digital advertising. Part III, Security, addresses the European Union Strategy for Cybersecurity, the use of biometric data systems and facial recognition technologies for law enforcement purposes, and the security implications of the Proposal for an EU Regulation on Artificial Intelligence, as well as the challenges entailed by the European Union’s positioning itself as a major cyber defence actor. Part IV, People, discusses the Data Protection Litigation System under the GDPR, the right to disconnect from work, the proposed EU Catalogue of Fundamental Digital Rights, the countering of terrorist propaganda online through the TERREG and the DSA, and AI and Fundamental Rights.
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  • 35
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031377235
    Language: English
    Pages: 1 Online-Ressource(XIII, 231 p. 12 illus.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
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    Keywords: Literature, Modern ; Law ; Poetry. ; European literature.
    Abstract: 1 – Introduction -- 2 – Laws Ancient and Modern: Nation, Custom and Legislative Renewal -- 3 – One Law for the Lion and the Ox is Oppression: the Emergence of Universal Law -- 4 – One King, One God, One Law: Building Constitutions in the Lambeth Books -- 5 – The Heavens Squared by a Line: Legal Architecture and Mystery -- 6 – Such are the Laws of Eternity: Recovery, Redemption, and Prophecy -- 7 – Creating Nature from this Fiery Law: Towards Visionary Legislation? -- 8 – Conclusion.
    Abstract: This book examines the difficult relationship between individual intellectual freedom and the legal structures which govern human societies in William Blake’s works, showing that this tension carries a political urgency that has not yet been recognised by scholars in the field. In doing so, it offers a new approach to Blake’s corpus that builds on the literary and cultural historical work of recent decades. Blake’s pronouncements about law may often sound biblical in tone; but this book argues that they directly address (and are informed by) eighteenth-century legal debates concerning the origin of the English common law, the autonomy of the judicature, the increasing legislative role of Parliament, and the emergence of the notions of constitutionalism and natural rights. Through a study of his illuminated books, manuscript works, notebook drafts and annotations, this study considers Blake’s understanding that law is both integral to humanity itself and a core component of its potential fulfilment of the ‘Human Form Divine’. Matthew Mauger is Senior Lecturer in English at Queen Mary University of London, UK. His research focuses on the intellectual, literary and commercial life of London in the eighteenth century, with a particular interest in how the administrative frameworks associated with the city – civil, legal, political, financial – provide contexts for literary expression. He is co-author of Stealing Books in Eighteenth-Century London (2016) and of Empire of Tea: The Asian Leaf that Conquered the World (2015).
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  • 36
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031218088
    Language: English
    Pages: 1 Online-Ressource(X, 156 p.)
    Edition: 1st ed. 2023.
    Series Statement: Sophia Studies in Cross-cultural Philosophy of Traditions and Cultures 40
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Religion—Philosophy. ; Political science—Philosophy. ; Culture—Study and teaching. ; Religion ; Political science ; Culture
    Abstract: Preface -- Chapter 1: Introduction -- Chapter 2: All Life is Yoga -- Chapter 3: Ideal of Human Unity -- Chapter 4: Integral Conflict Resolution -- Chapter 5: Sri Aurobindo in the 21st Century -- Index.
    Abstract: This book brings to focus one of the prominent 20th century Indian thinkers, Sri Aurobindo, by providing an overview of his philosophy on life and yoga, and by elucidating his thought in the context of contemporary society. This text is unique in approaching Sri Aurobindo as a problem solver and from a conflict resolution perspective, the latter being the author’s expertise. Sri Aurobindo’s contributions such as Ideal of Human Unity, Integral Yoga, Life Divine and his poetic vision as embodied in his epic poem, Savitri, are explored in-depth. The book explores these ideas to seek possible solutions to the current predicaments of human life and society. This monograph attracts not only students and researchers in the fields of philosophy, religion, yoga, political science, international politics, Indian thought, and conflict resolution, but also general interest readers. .
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  • 37
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031187438
    Language: English
    Pages: 1 Online-Ressource(XIII, 315 p.)
    Edition: 1st ed. 2023.
    Series Statement: Studies in Art, Heritage, Law and the Market 7
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als Bolz, Anna A regulatory framework for the art market?
    RVK:
    Keywords: Law—Philosophy. ; Law—History. ; Art—History. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Criminal law. ; Archaeology. ; Cultural property. ; Art ; Law ; Law ; Kunstmarkt ; Regulierung ; Recht ; Echtheit ; Kunstfälschung ; Gutachten ; Geschichte 2000-2023
    Abstract: Setting the Scene: Approach and Methodology -- Peculiarities of the Art Market -- Fraud, Forgery and Authentication -- Remedies: Regulation and New Initiatives -- Conclusions and Recommendations.
    Abstract: This book addresses practical issues in connoisseurship and authentication, as well as the legal implications that arise when an artwork’s authenticity is challenged. In addition, the standards and processes of authentication are critically examined and the legal complications which can inhibit the expression of expert opinions are discussed. The notion of authenticity has always commanded the attention of art market participants and the general art-minded public alike. Coinciding with this, forgery is often considered to be the world’s most glamorous crime, packed with detective stories that are usually astonishing and often bizarre. The research includes findings by economists, sociologists, art historians, lawyers, academics and practitioners, all of which yield insights into the mechanics and peculiarities of the art business and explain why it works so differently from other markets. However, this book will be of interest not only to academics, but to everyone interested in questions of authenticity, forgery and connoisseurship. At the same time, one of its main aims is to advocate best practices in the art market and to stress the importance of cooperation among all disciplines with a stake in it. The results are intended to offer guidance to art market stakeholders, legal practitioners and art historians alike, while also promoting mutual understanding and cooperation.
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  • 38
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031355530
    Language: English
    Pages: 1 Online-Ressource(VII, 135 p.)
    Edition: 1st ed. 2023.
    Series Statement: Studies in the History of Law and Justice 26
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law ; Law ; Political science
    Abstract: Introduction: Teaching Under Unusal Circumstances -- Dante Alighieri, Hans Kelsen, and the Principium Unitatis -- Niccolò Machiavelli and Efficacy -- Gerolamo Cardano and Italian “Realism” -- Efficacy in the Italian Tradition: from Giovanni Della Casa to Giovanni Nevizzano -- Paradoxes of Equality: Giambattista Vico -- Cesare Beccaria and the Narrative of Neutral Equality -- Equality and Vulnerability in The Duties of Man: Giuseppe Mazzini -- Social Pluralism, Efficacy & Equality – Rethinking The Legal Order by Santi Romano -- From Emilio Salgari to Cesare Lombroso – Racism and Law in Italy: Situated Vulnerability -- The Limits of Law and Arturo Carlo Jemolo’s Islands -- The Italian “Braibanti Affaire”: a Tale of Two Vulnerabilities -- We, the People: Of Poets and Priests. Pasolini’s Very Hard Poem.
    Abstract: One of the main goals of this book is to determine if, in the works of some of the key authors in the history of Italian political philosophy, a notion of “efficacy” can be found. In legal philosophy, “efficacy” is the capacity a norm has to effectively influence citizens’ behavior. The “principle of efficacy” is that according to which an order or rule exists as such when it is followed effectively in practice. Here by “efficacy” I mean the idea that normative phenomena are self-justifying, without reference to extrinsic systems of value (such as “natural law”). The examinations of several texts undertaken here constitute reflections on this theme, without any claim to systematicity. They have been grouped together, roughly in historical order, by their common respect for the contexts within which they reason and reach decisions, which lends them a characteristic flavor of harsh realism that at times relies on a minimalist use of traditional normative categories. The second theme that emerges through the respective chapters (each of which constitutes the text for a lesson in a course for Ph.D. students) is that of the relationship between “equality” and “vulnerability.” Here the idea is to elaborate a concept of “vulnerability” that is not underpinned by what we in Italy call an “anthropology,” that is, a fixed notion of human nature. Instead this concept should be comprehensible and graspable solely on the basis of the recognition of decisions and actions that are merely “efficacious,” that function “for what they are, and what they do.” This recognition doesn’t even need to be explicitly articulated by these authors with any specific, deliberately conscious awareness. The goal is not to identify a precise tradition of thought, one which elaborates a given line of reflection, but rather to highlight certain “themes” that emerge in the texts examined, even as the authors write with and for their own specific, contingent set of motives, which differ from time to time and place to place. These authors include some who are widely known, such as Dante, Machiavelli, and Beccaria. At times they are figures who typify certain key historical episodes, such as the Risorgimento (Giuseppe Mazzini) or Fascism (Cesare Lombroso and Santi Romano), while others reflect certain aspects of a contemporary debate (Pasolini and the “Braibanti affair”). The book is based on lectures given for a 2021 Ph.D. Course at the University of California, Berkeley’s Department of Italian Studies.
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  • 39
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031204517
    Language: English
    Pages: 1 Online-Ressource(XI, 271 p. 3 illus., 2 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: Palgrave Studies in Prisons and Penology
    Parallel Title: Erscheint auch als Body searches and imprisonment (2022 : Leuven) Body searches and imprisonment
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    RVK:
    RVK:
    RVK:
    Keywords: Human body—Social aspects. ; Law—Europe. ; Corrections. ; Punishment. ; Criminology. ; Human rights. ; Critical criminology. ; Human body ; Law ; Konferenzschrift ; Strafrecht ; Strafvollzug ; Durchsuchung
    Abstract: Chapter 1. Body searches as contested control measures -- Chapter 2. The imposition of power through touch: A sensory criminology approach to understanding body searches -- Chapter 3. Searching, ‘state of security’ and the structuration of prison security -- Chapter 4. Strip searches: A risky practice that needs to be monitored -- Chapter 5. Strip searches through the lens of the prohibition of inhuman and degrading treatment in European human rights law -- Chapter 6. Body searches and vulnerable groups: Women and LGBTQI+ people in prison -- Chapter 7. Body searches in Belgian prisons: dignity, security and denial -- Chapter 8. Body searches in French prisons: Dignity and security on a roller coaster -- Chapter 9. Stripping the self away: security, control, and punishment in the practice of strip searches in Spanish prisons -- Chapter 10. Gendered punishment and protest in a context of conflict: Strip searching in Northern Ireland -- Chapter 11. “There’s a tech for that”: balancing dignity and security in carceral settings through alternative technology devices -- Chapter 12. What future for body searches in prisons?.
    Abstract: This book explores and addresses body search practices in prison environments from different angles (criminology, sociology, human rights and law) and discusses such practices in different national contexts within Europe. Body searches are widely used in prison systems across the globe: they are perceived as indispensable to prevent forbidden substances, weapons or communication devices from entering the prison. However, these are also invasive and potentially degrading control techniques. It should not come as a surprise, then, that body searches are deeply contested security measures and that they have been widely debated and regulated. What makes theses control measures problematic in a prison context? How do these practices come to be regulated in an international and European context? How are rules translated into national law? To what extent are laws and rules respected, bent, circumvented and denied? And what does the future hold for body searches? Tom Daems is Professor of Criminology at the Leuven Institute of Criminology (LINC), KU Leuven, Belgium. At LINC, he coordinates the research line on ‘Punishment and Control’. Daems has published widely on punishment and prisons, in particular from a European perspective. With Palgrave, he previously published Electronic Monitoring: Tagging Offenders in a Culture of Surveillance (2020) and Europe in Prisons: Assessing the Impact of European Institutions on National Prison Systems (2017, co-edited with Luc Robert). .
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  • 40
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031373831
    Language: English
    Pages: 1 Online-Ressource(IX, 240 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Recovering Political Philosophy
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Political science. ; Political science ; Critical theory. ; Political science
    Abstract: 1. Introduction (Ian Dagg) -- 2. The Limits of Regimes: Education and Character Formation in Xenophon’s Political Thought (Gregory A. McBrayer) -- 3. The Beautiful and the False: An Introduction to Plato’s Hippias (Alex Priou) -- 4. The Connection Between Moral Virtue and Politics in Aristotle’s Ethics (John Hungerford) -- 5. Machiavelli’s Revolutionary Classical Education (John Peterson) -- 6. Bacon’s Transformation of Philosophy: An Introduction to the Education of Bacon (Ian Dagg) -- 7. John Locke’s Approximate Regime (Cole Simmons) -- 8. Education and Regime in Rousseau’s Social Contract (Ian Dagg) -- 9. Tocqueville’s Defense of Aristocratic Literature (Antonio Sosa) -- 10. Nietzsche and Political Education (Michael Grenke).
    Abstract: This volume is an inquiry into the history of political philosophy by way of the general theme of education. Each contributor addresses the relationship between a particular political philosopher’s broad teaching on the best political order and that political philosopher’s teaching about education. The unifying contention of the work is that each political philosopher considered in the volume promotes a certain kind of political regime and therefore a particular mode of education essential to that regime. Each chapter, written by a separate contributor, is distinguished from the others primarily by the political philosopher being considered. The book has a chapter dedicated to each of the following political philosophers: Plato, Xenophon, Aristotle, Machiavelli, Bacon, Locke, Rousseau, Tocqueville, and Nietzsche. The volume provides a survey of educational models by some of the greatest thinkers of the West, while continually demonstrating that the two themes of politics and education are inseparable. Ian Dagg is an Adjunct Professor at the University of Dallas and Baylor University, USA. He received a doctoral degree from the University of Dallas in Philosophic Studies in Politics. He has published “Natural Religion in Montesquieu’s Persian Letters and The Spirit of the Laws” as well as a Review Essay of On the Happiness of the Philosophic Life by Heinrich Meier translated by Robert Berman in Interpretation: A Journal of Political Philosophy. His dissertation is Bad Beginnings, Failed Attempts to Control Convention, and Political Concessions: An Analysis of Plato’s Laws.
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  • 41
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031350283
    Language: English
    Pages: 1 Online-Ressource(XXIX, 406 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Political Philosophy and Public Purpose
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Political science. ; Political science ; Social sciences ; Analysis (Philosophy). ; Marxian school of sociology.
    Abstract: Introduction: How Factoring Philosophy Puts Philosophy on the Sidelines -- Chapter One: Is Life Absurd? -- Chapter Two: Being Mortal -- Chapter Three: Reinventing Humans: The Strange Allure of Stoicism -- Chapter Four: Beyond the Illusion of Philosophical Egoism: Recovering Self-Love and Selfishness -- Chapter Five: Moral Luck, Responsibility, and this Worldly Life -- Chapter Six: The Pure Self in Political Life: Reconsidering the Primacy of the Right over the Good -- Chapter Seven: Values as Purely Subjective: Against the Idea of “A New Creation” -- Chapter Eight: Setting Aside the Purely Subjective: Reclaiming the Discourse of Truth and Error -- Beyond “the Illusion of the Economic”: Renewing the Concept of Capital: A Foreword to Chapters Nine, Ten, and Eleven -- Chapter Nine: Why Wealth is a Poor Concept -- Chapter Ten: Capital, the Truth about Utility -- Chapter Eleven: The Myth of Instrumental Reason and Action -- Conclusion: Just Enough Phenomenology -- Appendix A: Dogmas of Factoring Philosophy -- Appendix B: Symptoms of Factoring Philosophy.
    Abstract: This book considers diverse philosophical topics unified by the identification of false moves commonly found in modern philosophy, mainstream Anglo-American philosophy, and social theory. The authors expose the sources of fundamental problems that recur in philosophy—basic problems with what the authors call factoring philosophy. Factoring philosophy fails to attend to the phenomenological task of determining when what is distinguishable is separable and when not. Consequently, factoring philosophy makes phenomenological mistakes, false moves, when it treats as separable what is only distinguishable. Analytic philosophy is prone to false moves when it fails to recognize that phenomenology is the necessary complement to analysis. There is nothing wrong with analysis—we might as well give up thinking as give up analysis—and nothing is wrong with the values prized by analytic philosophy. As Hegel observed, “philosophizing requires, above all, that each thought should be grasped in its full precision and that nothing should remain vague and indeterminate.” Ultimately, this book contends that false moves prevail in philosophical analysis and social theory when they neglect their phenomenological foundations. Patrick Murray is John C. Kenefick Faculty Chair in the Humanities, Creighton University, USA. Jeanne Schuler is Professor of Philosophy, Creighton University, USA.
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  • 42
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031140921
    Language: English
    Pages: 1 Online-Ressource(XX, 242 p.)
    Edition: 1st ed. 2023.
    Series Statement: Gender Perspectives in Law 4
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law—Europe. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Identity politics. ; Sex. ; Law
    Abstract: Gender Issues in Private International Law -- The Reproduction of Gender Difference and Heteronormativity in Family Law -- Family Matters: Gender, Community and Personal Laws in India -- Compensation for Damages Suffered by Women Performing Unpaid Domestic Work -- The Best Interests of the Child and Gender Perspective -- Gender Perspective of Development of Labour Law -- Leading or Breeding; Looking Ahead – Gender Segregation in the Labour Market and the Equal Distribution of Family Responsibilities -- Legal Approaches to Protection Against Gender-Based Violence and Harassment at Work with a Particular Focus on the Situation in the Republic of North Macedonia -- Digital Work and Gender Equality -- Gender Discrimination: Procedural Issues Between Procedural Autonomy, EU Provisions and Effectiveness of Judicial Protection -- Gender Perspectives in Mediation.
    Abstract: This book discusses prominent and controversial gender-related issues across the fields of family law, tort law, labour law, civil procedure law, ADR and private international law. An important critical assumption made by the authors is that the gender equality perspective has been largely neglected in several branches of private law, since scholars researching the intersection between gender and legal studies are mostly focused on public law and human rights law. In light of that, the book contributes not only to the deconstruction of gender-blind private law, but also to the development of a gender-competent analysis of the key branches of private law, starting with private international law. Gender perspective in family law is analyzed on the basis of gendered and heteronormative operations of family law with reference to the formation of legally recognized relationships, the establishment of legal parenthood, the division of marital property after a divorce, and the arrangements for post-separation parenting. Also, regulation of family matters in Indian society and the gender equality perspective from the principle of the child’s best interest are considered. As far as tort law is concerned, the book addresses compensation for damages suffered by women performing unpaid household work. Further, it contains papers dedicated to the following labour law issues: the genesis of labor law and its capacity to contribute either to worsening gender inequality in the world of work or to promoting gender equality; gender segregation in the labour market and its connection to family-friendly policies in the European Union; sexual harassment at work; and the impact of work digitalization on gender-related labour law issues. Lastly, the authors analyze gender equality in civil procedural law, as well as in mediation as a tool for encouraging the peaceful settlement of disputes. The book is intended to improve awareness of the wide range of private law issues that are important for understanding the ways in which gender inequality shapes everyday experiences, while also presenting critical considerations of the key private law instruments for achieving gender equality.
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  • 43
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031255236
    Language: English
    Pages: 1 Online-Ressource(XI, 153 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Philosophy and Politics - Critical Explorations 25
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Political science—Philosophy. ; Civilization—History. ; Identity politics. ; Sociology. ; Anthropology. ; Political science ; Civilization
    Abstract: Introduction -- Chapter 1. Ashoka, and the edicts against the absolute -- Chapter 2. Origen, salvation is for everyone, even the pharaoh -- Chapter 3. Nicholas of Cues, one religion and many different rituals -- Chapter 4. Las Casas, the duel over the civilisation of the New World -- Chapter 5. Montaigne, “qui sont les barbares ?” -- Chapter 6. Lessing and the code of the three rings -- Chapter 7. Kallen and the harmony of an orchestra -- Chapter 8. Dupuis, pluralism in Christian theology -- Chapter 9. A Samoan adventure with consequences -- Chapter 10. Isaiah Berlin and the pluralism of values.
    Abstract: This book offers an account of ten crucial moments in the history of ideas, which represent ten key moments of the discovery of pluralism. From the Indian emperor Ashoka to Origen and from Nicola Cusano to Las Casas, Montaigne, Lessing, giants who opened the way to the thought of tolerance, challenging the dogma of a unique truth dictated by authority, followed in this reconstruction by other glowing thinkers of the twentieth century, such as Horace Kallen, Margaret Mead, and Jacques Dupuis. These protagonists, each in their own way, battled against monism for the respect of differences and for the knowledge of otherness. This kind of hall of fame of pluralist thinkers ends with the most important figure of the pluralism of values, Isaiah Berlin, of whom an unpublished interview appears here for the first time in English. The volume is unique in this two-thousand-year-old variety of voices gathered under the denominator of cultural pluralism that they embody in the deepest and most challenging sense, often at the limits and beyond the limits of heresy. It is of great value and interest to scholars and students of theoretical, moral, political philosophy, sociology, comparative studies, comparative literature, religious diversity, religious studies, anthropology, and all those interested in the history of tolerance.
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  • 44
    ISBN: 9783031141454
    Language: English
    Pages: 1 Online-Ressource(XXI, 475 p. 22 illus., 7 illus. in color.)
    Edition: 1st ed. 2023
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: COVID-19 Pandemic, 2020- Political aspects ; Europe—Politics and government ; Political science ; Comparative government ; Europe ; COVID-19 ; Viruskrankheit ; Reaktion ; Therapie ; Epidemie ; Gesundheitspolitik ; Krisenmanagement ; Internationaler Vergleich ; Europe Politics and government 21st century ; Europa
    Abstract: 1. Covid-19 hit Europe: Patterns of government responses to the Pandemic -- 2. Introducing the Southern Grouping -- 3. Italy: Contested Centralisation Amid Political Uncertainty -- 4. Spain: Temporary Centralization Amidst Political Polarization -- 5. Greece: Command and Control Combined with Expert-Driven Responses? -- 6. Portugal: From Exception to the Epicentre -- 7. Cyprus: Exacerbating Authoritarianism -- 8. Malta: The Benefits of Centralised Politics 9. Introducing the Eastern Grouping -- 10. Poland: The “Cardboard State” v. the Virus -- 11. Romania: Inconsistent and Unpredictable Policy Implementation -- 12. Czech Republic: Best or Worst in Covid Country? -- 13. Hungary: Populist Government Politics -- 14. Bulgaria: Swift Early Response by the Executive, Followed by a Complete Governance Failure -- 15. Slovakia: Anti-Pandemic Fight Victim of Extreme Politicization -- 16. Croatia: Breaking Fragile Trust: How the Politicisation of Covid-19 Deepened the Divide Between Politics and Citizens -- 17. Lithuania: Dominance of Executive Power in the Context of Usual Confrontational Politics -- 18. Slovenia: Ripe for Autocratisation -- 19. Latvia: From Hubris to Nemesis -- 20. Estonia: Empowering the Executive -- 21. Introducing the Northern Grouping -- 22. Sweden: A Decentralized, Coordinated Response to the Pandemic -- 23. Denmark: Executive Power Concentration, yet still Consensus-Oriented -- 24. Finland: Balancing Centralized Leadership and Regional Interests -- 25. Norway: A Pragmatic, Collaborative, and Legitimate Response -- 26. Iceland: Heeding the Experts -- 27. Introducing the Western Grouping -- 28. Germany: Governance via Federal-State Conferences -- 29. The United Kingdom: Policy as a Game of Two Halves -- 30. France: From Centralization to Defiance?) -- 31. The Netherlands: The Acceptance of an Uncontrolled Centralization of Power -- 32. Belgium: Cooperation out of Necessity and Confirmation of Executive Dominance -- 33. Austria: A Strong Start Followed by a Strong Descent -- 34. Switzerland: Experimental Governance and Polarized Consociationalism -- 35. Ireland: The Executive-Centred Politics of Covid-19 -- 36. Luxembourg: All Hands on Deck -- 37 Comparing 31 European Countries’ Responses to the Covid-19 Crisis.
    Abstract: This book examines similarities and differences in 31 European governments’ responses to the COVID-19 pandemic. The COVID-19 pandemic hit Europe in early 2020. It spread across the continent during the Spring while anxious electorates were treated to news reports about health systems under duress and frustrated attempts by public procurement officials to obtain adequate supplies of medical and protective equipment. Over the next 15–18 months considered by this book, national responses exhibited both similarities and profound variations as the different endeavours to regulate social interactions constituted a stress test for political systems across Europe. Kennet Lynggaard is Associate Professor at the Department of Social Sciences and Business, Roskilde University, Denmark. Mads Dagnis Jensen is Associate Professor at the Department of International Economics, Government, and Business at Copenhagen Business School, Denmark. Michael Kluth is Associate Professor at the Department of Social Sciences and Business, Roskilde University, Denmark.
    Note: Includes bibliographical references and index
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  • 45
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031191312
    Language: English
    Pages: 1 Online-Ressource(XXI, 162 p. 1 illus.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
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    Keywords: Law—Europe. ; Europe—Politics and government. ; Law ; Europe
    Abstract: Introduction -- Part I The Context -- The geopolitical context -- The legal context -- Part II Common Foreign and Security Policy after Lisbon -- Restrictive measures: constitutional issues, classification, judicial review -- Common Security and Defence Policy in Action -- The silence of foreign policy -- Part III The key themes -- Between law and geopolitics -- Conclusion.
    Abstract: This strongly interdisciplinary book provides a first tentative evaluation of the role that geopolitics plays in shaping the genesis and functioning of the law of EU Common Foreign and Security Policy (CFSP). It introduces the reader to the geopolitical context of the EU and of its main neighbours, as well as to the legal architecture of CFSP. The book then presents selected cases of the Union’s action (or inaction) in CFSP since 2009. These show the key argument of the book: the law of CFSP is not entirely fit for purposes as it does not reflect the geopolitical reality of the continent. The book reflects on such geopolitical reality as it results, in particular, from the 2004 EU enlargement, and comments upon three key issues of the CFSP legal framework: issues of coherence, accountability, and effectiveness. With its fusion of law and geopolitics, the book will be invaluable for students of EU foreign policy and EU external relations law.
    URL: Cover
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  • 46
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031136351
    Language: English
    Pages: 1 Online-Ressource (XIII, 386 p. 1 illus.)
    Series Statement: Palgrave Studies in Classical Liberalism
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
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    Keywords: Nietzsche, Friedrich ; Political science—Philosophy. ; Economics. ; Political science ; Nietzsche ; Democracy ; Liberalism ; Socialism ; Conservatism ; Aristocratic values ; Aufsatzsammlung
    Abstract: Part I: Nietzsche and the Political Right -- Chapter 1: Nietzsche’s Critique of Egalitarian Post-Christianity -- Chapter 2: Nietzsche, Politics, and Truth in an Age of Post-Truth -- Chapter 3: Nietzsche as Muse to the Far Right -- Chapter 4: The Genealogy of Socialist Morality: Some Preliminary Thoughts On Nietzsche, G.A. Cohen and the Argumentative Value of Moral Disgust -- Part II: Nietzsche’s Critique of Modernity -- Chapter 5: Nietzsche and Losurdo on the Enlightenment and the French Revolution -- Chapter 6: Not Beyond Politics: The Metaphysical Dimensions of Nietzsche’s Anti Democratism in Beyond Good and Evil -- Chapter 7: Unhappy the Land Where Heroes Are Needed: Nietzsche’s Overman in Dark Times -- Chapter 8: Nietzsche, Aristotle, and Aristocratic Being -- Part III: The Aesthetic Politics of Value -- Chapter 9: Nietzsche’s Dionysus vs. The Nihilism of Social Media Shitposting -- Chapter 10: Animals Sick with Language: From Syntax to Socialism in Nietzsche -- Chapter 11: Recurrent Reaction: Nietzsche and the Reaction of the Middle French Strata -- Chapter 12: Negative Politics: Nietzsche -- Chapter 12: The Warnings of Nietzsche’s Works: Rhetorical Persuasion in Triumph of the Will (1935) and Death of a Nation (2018).
    Abstract: This book is intended as a major interdisciplinary contribution to the study of Nietzsche’s thought in particular, and the political right more generally. Historically the assessment of Nietzsche’s politics has ranged from denouncing him as a forerunner to Nazism to claiming he effectively did not have articulated political convictions. During the latter half of the 20th century he surprisingly became a major theoretical influence on a variety of post-structuralist radical critics, who saw in his perspectivism and genealogy of power useful tools to critique existent structures of domination. This collection of essays reframes the debate by looking at Nietzsche’s constructive political project defending aristocratic values from the levelling influence of the herd and its liberal, socialist, and democratic spokesmen. The essays will also explore how this defense of aristocratic values continues to have an influence on the political right, inspiring moderates like Jordan Peterson and far right authors and activists like Aleksandr Dugin and Steve Bannon. Matthew McManus completed his Ph.D. in Socio-Legal Studies at York University, Ontario, in 2017 under the supervision of Dr. Lesley Jacobs. After completing his postdoctoral research and working on the Committee for International Justice and Accountability, Matthew assumed a Professorship teaching politics, international relations and law at Tec de Monterrey in the State of Mexico. Matthew McManus teaches at the University of Calgary and is the author of The Rise of Post-Modern Conservatism amongst other books.
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  • 47
    ISBN: 9783031230158
    Language: English
    Pages: 1 Online-Ressource (VIII, 393 p. 32 illus., 21 illus. in color.)
    Parallel Title: Erscheint auch als
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    Parallel Title: Erscheint auch als Power and responsibility
    RVK:
    Keywords: Political science—Philosophy. ; Game theory. ; Economics. ; Social choice. ; Welfare economics. ; Political planning. ; Political science ; Public choice ; Game theory ; Political economy ; Philosophy ; Quantitative economics ; voting and voting power ; labor economics ; Social Choice and Welfare ; Festschrift ; Aufsatzsammlung
    Abstract: Chapter 1. Instead of an introduction - Manfred on his 75th Birthday (Heinz Kurz) -- Part I. Economics and Philosophy -- Chapter 2. Three Types of Dramatic Irony (Timo Airaksinen) -- Chapter 3. Defence is of Much More Importance than Opulence: Adam Smith on the Political Economy of War (Heinz Kurz) -- Part II. Labor Economics -- Chapter 4. Relative Absence Concerns, Positional Consumption Preferences and Working Hours (Laszlo Goerke) -- Chapter 5. Power, Responsibility and Social Policy: The Impact of Basic Income in a Competitive Experimental Labor Market (Veera Jokipalo) -- Part III. Voting and Voting Power -- Chapter 6. Computing the Public Good index for weighted voting games with precoalitions using dynamic programming (Jochen Staudacher) -- Chapter 7. The Art and Beauty of Voting Power (Sascha Kurz) -- Chapter 8. An application of power indices for the family of weighted majority games in partition function form (José Alonso Meijide) -- Chapter 9. Measuring Voting Power in Complex Shareholding Structures: a Public Good Index Approach (Izabella Stach).
    Abstract: Written by leading scholars from various disciplines, this book presents current research on topics such as public choice, game theory, and political economy. It features contributions on fundamental, methodological, and empirical issues around the concepts of power and responsibility that strive to bridge the gap between different disciplinary approaches. The contributions fall into roughly four sub-disciplines: voting and voting power, public economics and politics, economics and philosophy, as well as labor economics. On the occasion of his 75th birthday, this book is written in honor of Manfred J. Holler, an economist by training and profession whose work as a guiding light has helped advance our understanding of the interdisciplinary connections of concepts of power and responsibility. He has written many articles and books on game theory, and worked extensively on questions of labor economics, politics, and philosophy. .
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  • 48
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031220463
    Language: English
    Pages: 1 Online-Ressource(XXIX, 260 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Marx, Engels, and Marxisms
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Political science—Philosophy. ; Political science. ; Marxian school of sociology. ; World politics. ; Marxian economics. ; Political science
    Abstract: Chapter 1: Preface -- Part 1: State, politics, social classes and historical change -- Chapter 2. Introduction -- Chapter 3. The capitalist state at the center: A Critique of Michel Foucault's concept of power -- Chapter 4. The place of State in the Marxist theory of history -- Chapter 5. State and transition to capitalism: Feudalism, Absolutism and Bourgeois political revolution -- Chapter 6. State and transition to socialism: Was the Paris Commune a workers' power? -- Chapter 7. The concept of revolutionary crisis: 1789: France in 1789 -- Chapter 8. The Political scene and class interests in capitalist society: Marx's analysis -- Part 2: Politics and economy in the formation of the working classes -- Chapter 9. Pre-capitalism, capitalism and worker resistance: Elements for a theory of union action -- Chapter 10. The (difficult) formation of the working class -- Chapter 11. The constitution of the proletariat into a class in the Manifesto of the Communist Party: Polemicizing with Some Classic Interpretations -- Chapter 12. The exhaustion of the 20th century revolutionary cycle -- Chapter 13. Middle class and unionism -- Chapter 14. Citizenship and social classes. .
    Abstract: This book offers a reassessment politics against the predominating economicist approach to historical materialism within contemporary Marxism. Boito draws on the structural interpretation of Marxism inspired by Althusser’s works of the mid-1960s and, especially, by Poulantzas’ Political Power and Social Classes. The volume aims to demonstrate the role of the political dimension (together with the economy) and, to a further extent, to contribute to renew contemporary Marxist political theory. The chapters cover topics such as: the nature of political power; the structure and functions of the state; the role of politics in historical change; political crises; and the political formation of the working class. The book highlights the role of political structures and practices in the reproduction of economic and social relations and also in the process of historical change. The aim of the book is to contribute to the renewal of Marxist thought, breaking with the economicist conception that dominated it throughout the last century, and finally meeting the demands of the socialist struggle in the 21st century. Armando Boito is Professor of Political Science at the State University of Campinas, Brazil. He is editor of the Brazilian journal Crítica Marxista. Among other books, he has published Reform and Political Crisis in Brazil: Class Conflicts in Workers' Party Governments and the Rise of Bolsonaro Neo-fascism (2021). .
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  • 49
    ISBN: 9783031249389
    Language: English
    Pages: 1 Online-Ressource (XIX, 280 p. 9 illus., 3 illus. in color.)
    Parallel Title: Erscheint auch als
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    Keywords: Development economics. ; Economic development. ; Law. ; Developing economies ; Global economy ; Artificial intelligence ; Digital technology ; Globalization ; Law ; Regulation ; Political polarization ; Konferenzschrift
    Abstract: Chapter 1: Introduction -- Chapter 2: Property of the Social Media Data -- Chapter 3: “A Giant Glob of Oily Ambiguity”: On the Use of the Concept of Power in Economics -- Chapter 4: Temptation and Crime -- Chapter 5: Moral Costs of Corruption: A Review of the Literature -- Chapter 6: Reason-Giving and Rent-Seeking -- Chapter 7: Pandemic Preparedness and Response: Advancing Research, Development, and Ethical Distribution of New Treatments and Vaccines -- Chapter 8: Law and Industrial Policy in the Age of (de)Globalization: The Perspective of IP Protection -- Chapter 9: Neither Crime nor (much) Punishment: India’s Cartel Penalty Practices -- Chapter 10: Legal Challenges for Corporations in the 21st Century.
    Abstract: This book is a major stocktaking of law and economics in the context of developing and emerging economies, and in the light of the dramatic changes in the global economy that we have witnessed in recent years. The rise of artificial intelligence, digital technology, and mega platforms that collect data and facilitate trade is changing the landscape of economics. Rapid globalization has created new challenges for law and regulation, since increasingly contentious cases arise which span multiple countries and several legal jurisdictions. All these changes are giving rise to new problems in developing countries where many people lead precarious lives anyway, healthcare is minimal, and corruption widespread. Alongside these global developments, the discipline of law and economics is also undergoing profound changes, making us re-think some of the founding assumptions of the subject. Kaushik Basu is Professor of Economics and the Carl Marks Professor of International Studies in the Economics Department and the SC Johnson College of Business, Cornell University, USA. From 2012 to 2016 he was Chief Economist of the World Bank. Prior to that, from 2009 to 2012, he was Chief Economic Advisor to the Government of India. Educated at St. Stephen’s College, Delhi, and the London School of Economics, Basu has published extensively in development economics, game theory, welfare economics and industrial organization. His recent books include The Republic of Beliefs: A New Approach to Law and Economics (published in 2018) and Policymaker’s Journal: From New Delhi to Washington, D.C. (published in 2021). Ajit Mishra teaches at the University of Bath, UK. Educated at the Delhi School of Economics, he has been actively engaged in research and lecturing in development economics, public economics, and economic theory. He has taught at various institutions in India and the UK. He served as the Director of the Institute of Economic Growth, India. Besides papers in leading journals, he has edited two books: Economics of Corruption and Markets, Governance and Institutions. He is an Associate Editor of the Journal of Economic Behavior and Organization.
    Note: "This book is based on the IEA Roundtable on Law and Economic Development held on January 21-23, 2021 - hosted jointly by Cornell Research Academy of Development, Law, and Economics (CRADLE), University of Bath and the Institute of Economic Growth (IEG)." - Seite v
    URL: Cover
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  • 50
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031296628
    Language: English
    Pages: 1 Online-Ressource(XXI, 179 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Marx, Engels, and Marxisms
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Political science—Philosophy. ; Russia—History. ; Europe, Eastern—History. ; Soviet Union—History. ; Political science. ; Political science ; Russia ; Europe, Eastern ; Soviet Union
    Abstract: 1.Introduction: Marx and Russia – yet an open theme -- 2. The Marx – Mikhailovskij dispute -- 3. Marx’s Theory of Ideology – from its Enlightenment roots to Russian discussions -- 4. Hegel, Engels and the ”People without History” -- 5. Revolutionary Morality and Russian Experiences: Marx, Bakunin, Dostoevsky- 6. Marx, Nikolai Ziber and Primitive Economy -- 7. Marx and Finland – Finland and Marx.
    Abstract: This book discusses Marx’s relations with Russia, which have always been ambivalent. In his youth, and indeed a good way into the 1860s, Marx might even be called a “Russophob.” Around 1870, however, his views on Russia undergo a change; he becomes acquainted with a new kind of Russian radical and revolutionary movement and begins to study Russian. It becomes clear that Marx begins to feel that Russia is some kind of a “touchstone” for his theories. Offering a new and original interpretation of Marx’s theoretical development, Marx’s Russian Moment analyzes the following themes: Marx’s concept of ideology (as developed in the German Ideology) and its fortunes in Russia; Marx’s encounter with Bakunin and Russian nihilism; Marx’s and Engels’s studies of primitive societies; Engels’s views of the developmental perspectives of small Slavic nations; and Marx’s views on Finland, the Russian Grand Duchy. Considering these topics as “case studies,” Oittinen argues that Marx’s encounter with Russia substantially influenced Marx’s (and Engels’s) views not just on current political and economic matters but also on a philosophical and methodological level. Vesa Oittinen is Professor Emeritus of Philosophy and Russian Studies at the University of Helsinki, Finland. .
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    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031294044
    Language: English
    Pages: 1 Online-Ressource(XXVII, 159 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Ethical Economy, Studies in Economic Ethics and Philosophy 65
    Parallel Title: Erscheint auch als
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    Keywords: Political science—Philosophy. ; Business ethics. ; Management. ; Phenomenology . ; Industrial organization. ; Political science
    Abstract: Introduction -- Part I: From proto-management to conflicting interpretations -- Chapter 1. Management as a philosophical problem -- Chapter 2. Continental philosophy and post-management -- Chapter 3. The five senses of management -- Part II: Rethinking management -- Chapter 4. Organizations and the subjective body -- Chapter 5."Desaffectio societatis" -- Chapter 6. Individual experience at a time of social acceleration -- Part III: Rebuilding management -- Chapter 7. The powerlessness of the powerful -- Chapter 8. Working without joy? -- Chapter 9. Redefining "management” -- Conclusion.
    Abstract: This book is the first of its kind to offer a new definition of contemporary management. It uses Henry’s philosophy and takes the real, sensitive and pathetic subjectivity of individuals as the starting point of the analysis as opposed to the usual large categories of representations; resources; images; and discourses. This book thus proposes to rethink management by insisting on the dialectic of strength and vulnerability; its power of constraint, imitation and imagination; and finally its framework of action situated in a fourfold concern for the self, for people, for institutions and for the environment. These different notions are useful in order to experience a deeper understanding of management that is free from the obsolescence of the distant recommendations of ancient protomanagement and the outdated and dubious prescriptions of the so-called “scientific management”.
    URL: Cover
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    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031247156
    Language: English
    Pages: 1 Online-Ressource(XIX, 216 p.)
    Edition: 1st ed. 2023.
    Series Statement: Palgrave Studies in Victims and Victimology
    Parallel Title: Erscheint auch als
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    Keywords: Law—Philosophy. ; Law—History. ; Critical criminology. ; Victims of crimes. ; Sex. ; Sex (Psychology). ; Social structure. ; Equality. ; Law ; Law
    Abstract: Chapter 1: Introduction -- Chapter 2: Trans(gender) identities: what makes a woman/where are all the men? -- Chapter 3: Self-identity and social harm: the need for recognition -- Chapter 4: Seeking love within post-war neoliberal influence and control -- Chapter 5: Seeking esteem whilst sustaining neoliberal hierarchies -- Chapter 6: Achieving respect via neoliberal rules and values -- Chapter 7: Implications and priorities for the future.
    Abstract: This book explores how neoliberal consumer capitalist ideals of meritocracy, competitive individualism, and responsibilisation have shaped trans people’s subjectivity and lived experiences of harm. The book critiques the adequacy of legal constructs of hate crime to acknowledge the social harms experienced. The deep ethnographic data illuminates a variety of social harms that result from the failure of social structures and systems to acknowledge gender identities beyond the binary. The book offers a historically grounded theorisation of anti-trans sentiment to produce a persuasive argument for understanding the harms of hate as recognitive harms. In this sense, the book opens up a path to theorizing the empirically documented emotional and psychological harms of both transphobia and transnormative ideals, as rooted in a binary gender order that has been invigorated by the hyper individualism and competitiveness of capitalist neoliberalism. Katie McBride is Lecturer in Criminology at the University of Plymouth, UK. Before joining academia, Katie was an equality and human rights practitioner working within the public and third sectors on the development and delivery of policy and practice designed to address inequalities and discrimination experienced by marginalised communities. Her key research interests lie in examining hate from a critical perspective with a particular focus on the harms of hate experienced by trans individuals. Katie’s research utilises deep ethnographic participatory methods as a tool to redress the balance of power in research and academia. Her research has explored how adverse childhood experiences, communities of support and structures of governance have impacted on the lived experience of trans individuals.
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    Online Resource
    Online Resource
    Cham : Springer Nature Switzerland | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031296819
    Language: English
    Pages: 1 Online-Ressource(XIII, 254 p.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
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    Keywords: Political science—Philosophy. ; Ethics. ; Economics. ; Political science
    Abstract: Chapter 1. Evolution and Structure -- Chapter 2. Realism in Social Theory -- Chapter 3. Social Morality -- Chapter 4. First Philosophy -- Chapter 5. Social Democracy and Social Progress -- Chapter 6. The Secular States -- Chapter 7. Eudaimonism: The Flourishing of Human Kind -- Chapter 8. Liberty -- Chapter 9. Rights -- Chapter 10. Individualism -- Chapter 11. Social Contracts -- Chapter 12. Humanistic Ethics -- Chapter 13. The New Welfare State -- Chapter 14. The New World.
    Abstract: This book shows how modern political, economic and moral theory, including our ideas of liberty and individualism, are trapped in 17th century notions of intuitive reasoning and not informed by modern scientific understanding. Brian Ellis starts with a re-appraisal of the founding of the United Nations and the political and economic policies of the post-war reconstruction period. He then shows how this period, despite its many faults, embodied a philosophy more closely embedded in scientific realism than dominant theories of either left or right today. He goes on to develop this philosophy, meticulously, demolishing theories of Rawls, Nozick and others along the way. The result is a philosophy that investigates how a society actually works, supports evidence-based economics and can better enable human beings to flourish. It is a philosophy that can also accommodate the historical differences between societies and their different, but parallel, development strategies over time. Brian Ellis is a leading expert in the history and philosophy of science with wide-ranging expertise in political, ethical and economic philosophy, the philosophy of mind and action, logic and probability theory. He is Professor Emeritus in Philosophy, at La Trobe University, and former Professorial fellow, University of Melbourne.
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  • 54
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031292279
    Language: English
    Pages: 1 Online-Ressource(XIX, 301 p.)
    Edition: 1st ed. 2023.
    Series Statement: European Union and its Neighbours in a Globalized World 9
    Parallel Title: Erscheint auch als
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    Keywords: Law—Europe. ; Criminal law—International unification. ; Human rights. ; Law ; Criminal law
    Abstract: Introduction -- Part I EU Enlargement and Stabilization Process in the Light of the Rule of Law and Solidarity Principles -- Stabilization of the Western Balkans and the Impact of the Rule of Law on the Prosecution of War Crimes in Kosovo: Some Reflections on the Kosovo Specialist Chambers and Specialist Prosecutor’s Office -- EU Civilian CSDP Missions and the Consolidation of the Rule of Law in the Western Balkans -- The Security Implications of Enlargement on EU Fundamentals -- Part II Solidarity and Rule of Law in Cross-Border Security, Migration and Asylum Management -- The Commission Tries Again to Reform the Dublin System: Much Ado about Nothing? -- Migration and the Janus Faces of Solidarity and the Rule of Law. Brief Remarks in Light of Recent Italian Experience -- The Impact of the EU Principle of Solidarity and the Rule of law on Criminal Aspects of the Migrant Crisis in the Republic of North Macedonia -- Solidarity and the Externalization of EU Migration and Asylum Security: A Dual Concept? -- Part III Solidarity and Rule of Law in Criminal Justice and Human Rights -- Breaches of the Rule of law in the EU: What Implications for the Principle of Mutual Trust in the Area of Freedom, Security and Justice? -- A Look Behind the Legal Scene: Philosophical Stakeholder Responses to Fundamental Human Rights -- The Rule of Law, Transnational Crimes, and the Human-Rights Based Approach in the European Union: The Court of Justice as Ultimate Guardian of the ‘Good’ Laws -- Environmental Solidarity and the Rule of Law in the EU System: Some Explanatory Reflections on Climate Justice Case-Law -- Part IV Solidarity and Rule of Law in Police and Judicial Cooperation -- Building on Core Strengths: Lessons from Justice Sector Reform in Albania -- Mutual Recognition in EU Judicial Criminal Cooperation and Its ‘Conditional Application’ to the European Investigation Order (EIO) under ECJ Case Law -- Albanian Judicial Cooperation with the European Union: A Support of the Implementation of the Constitutional Reform to Ensure a Functioning Democracy -- Afterword. The New Dimension of EU Security in a Transnational Justice and Governance System.
    Abstract: This book offers an authentic and original perspective on the principles of solidarity and rule of law that are variously interconnected and increasingly invoked in international relations and affairs, especially in the context of the European Union, where they are among the founding values common to all Member States. The innovative approach the authors adopt consists in the joint reading of these two principles within the broader framework of EU security, thus offering a new interpretation and fertile ground for further research. Divided into four parts, the authors consider EU security to be linked to the implementation of both these principles, particularly with regard to EU stabilization and enlargement to the Western Balkans, cross-border security, migration and asylum management, criminal justice and human rights, and police and judicial cooperation The contributions of eminent scholars, international experts, and practitioners are the book’s greatest strength. In addition, it offers a valuable new perspective on the study of contemporary issues affecting the Western Balkans, but also all Member States and the Union itself. Therefore, the book is an essential resource for students and scholars of EU law, but also for lawyers and professionals involved in criminal proceedings or working in the field of human rights.
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    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031313035
    Language: English
    Pages: 1 Online-Ressource(XVII, 236 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Recovering Political Philosophy
    Parallel Title: Erscheint auch als
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    Keywords: Political science—Philosophy. ; Law—Philosophy. ; Law—History. ; Political science. ; Political science ; Law ; Law
    Abstract: Chapter 1. Reverence and the Politics of Authority -- Chapter 2. Plato’s Laws and the Enigma of Godlikeness -- Chapter 3. Classical Utopianism in Plato’s Laws -- Chapter 4. The Athenian’s Rehabilitation of Tragedy -- Chapter 5. Reverence and the Disunity of Political Virtue -- Chapter 6. Epilogue.
    Abstract: “The Reverent City is among the best studies of Plato’s Laws. Ballingall argues convincingly that reverence or awe plays a far greater role in classical political thought than is ordinarily understood.” —Mark Lutz, Director, Society for Greek Political Thought and Associate Professor of Political Science, University of Nevada, Las Vegas, USA “A subtle and penetrating interpreter of Plato, Ballingall shows that Plato’s Laws has important lessons to teach our irreverent age. This is a book for serious students of Plato, but also for those concerned about the drift of our politics away from all things respectful and reverent.” –Devin Stauffer, Professor and Associate Chair, Department of Government, University of Texas at Austin, USA “Ballingall’s astute study of Plato’s Laws addresses the puzzles and covers all the aspects of reverence while offering a thoughtful tribute to this unlikely friend of reason.” –Harvey C. Mansfield, Kenan Professor of Government, Harvard University, USA This book offers an original interpretation of Plato’s Laws and a new account of its enduring importance. Ballingall argues that the republican regime conceived in the Laws is built on "reverence," an archaic virtue governing emotions of self-assessment—particularly awe and shame. Ballingall demonstrates how learning to feel these emotions in the right way, at the right time, and for the right things is the necessary basis for the rule of law conceived in the dialogue. The Laws remains surprisingly neglected in the scholarly literature, although this is changing. The cynical populisms haunting liberal democracies are focusing new attention on the “characterological” basis of constitutional government and Plato’s Laws remains an indispensable resource on this question, especially when we attend to the theme of reverence at its core. Robert Ballingall is Assistant Professor of Political Science at the University of Maine, USA. Previously, he was a postdoctoral fellow in the Program on Constitutional Government at Harvard University and Allan Bloom Memorial Postdoctoral Fellow for Research in Classical Political Thought at the University of Toronto, where he also earned his PhD.
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    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031343223
    Language: English
    Pages: 1 Online-Ressource(IX, 277 p.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
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    Keywords: Law—Philosophy. ; Law—History. ; International law. ; Human rights. ; Law ; Law
    Abstract: Introduction -- PART I SELF-DETERMINATION OF PEOPLES -- Phases and developments of the concept of the self- determination of the peoples -- The right holders of self-determination -- Practicing the right to self-determination.-Ways and modalities for realization of the self – determination -- PART II SECESSION -- The phenomenon of secession -- The dynamics of secession -- The legitimacy of the secession claims -- The emergence of a secessionist entity -- PART THREE: INTERNAL SELF-DETERMINATION -- The internal aspect of the right to self-determination -- The social base for realization of internal self-determination -- Tools and forms for the realization of internal self-determination -- Systems of power sharing -- Part IV CONCLUSIONS -- Self – determination revisited.
    Abstract: This book offers a comprehensive summary of extant international law scholarship on the topics of self-determination and secession and positions the concepts among present-day theory and relevant practice, illustrated through various ongoing cases and historical examples. The right to self-determination is among the least understood rights within international law. Theoretical dilemmas – as to whether there is a link between self-determination and secession – are nothing new. In essence, self-determination is a much broader concept than secession and obtaining independent statehood. Unilateral secession is not prohibited by international law, but neither is it per se welcomed or accepted in practice. Beyond the context of decolonization, secession claims have long been viewed with disapproval in international law, and lawyers have been extremely skeptical about the issue. Although this is still the case, there are also new trends and opportunities to explore situations in which secession can be accepted, legitimized, or even legally permissible. The yardstick for this is the diplomatic response to secessionism and the growing involvement of the international community in mediation and conflict resolution. Though finding solutions can be difficult, within the existing frame, the ongoing tension between the duty of every society to recognize pluralism and diversity on the one hand, and the inherent desire of every culture – whether majority, minority or indigenous – to protect its values and ensure conformity on the other, must be resolved. The practices and modalities that envisage the internal dimension of the right to self-determination as a right that is exercised within the state borders can offer such opportunities. The appropriate role of the state and the international community is to serve as mediators between competing forces and to set parameters that can transform destructive conflicts into productive political models.
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  • 57
    ISBN: 9783031147814
    Language: English
    Pages: 1 Online-Ressource(XVI, 150 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Gender Perspectives in Law 1
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    Keywords: Law—Philosophy. ; Law—History. ; Sex. ; Law ; Law
    Abstract: 1 Feminist Reconsideration of Political Theories -- 2 The Concept of Gender in Law -- 3 Critical Race Feminism: A Different Approach to Feminist Theory -- 4 Queer Legal Theory -- 5 Challenging Patriarchalism in the Family. Law Reform and Female Protest in 19th and 20th Century Europe -- 6 Adultery as a Crime in the Western World and Beyond: From a Man’s Property to (In)Fidelity, From Discrimination to Decriminalization.
    Abstract: This book raises awareness about gender perspective in political and legal theories and historical analysis. The impacts of feminist political and legal theories, as well as critical legal studies, have been embedded in all the papers in different ways and degrees. Differences among feminist political and legal ideas are visible in the different approaches. The ongoing issue of defining gender, for example, is a recurring theme in the texts. Some papers question the binary basis of the gender issue and the notion of gender as such, while others start from the binary dichotomy and attempt to expand the consideration towards a multi-dimensional understanding of gender identities. The main focus is on a feminist reconsideration of all relevant fields of legal knowledge. The primary aim is to demystify the seemingly neutral character of legal norms and legal knowledge and highlight the power relations at different layers, beginning with male and female legal subjects of Western heredity (in terms of culture, ethnicity, and race), then moving on to different needs and power relations among female persons of different races and classes, and finally addressing differentiating gender relations and identities beyond the framework of the women-men binary codification, i.e., also taking into consideration the multiple options of intersex, transgender, queering, etc. Taking seriously the issue of the “maleness” of political and legal theories is indeed a challenging and relevant endeavor for legal scholars. The male bias is present not only throughout history but also in the present, given that our “universal” categories of political and legal thought are still overburdened by unequal power relations. It is also important to open our minds and knowledge production for a gender-sensitive and gender-competent intersectional approach, which would also include various queer-, race- and class-based considerations. These tasks should be of interest not only to critical legal scholars but also all those belonging to mainstream legal and political thought.
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    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031438684
    Language: English
    Pages: 1 Online-Ressource(VI, 161 p.)
    Edition: 1st ed. 2023.
    Series Statement: Law and Philosophy Library 143
    Parallel Title: Erscheint auch als
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    Keywords: Law ; Law
    Abstract: 1. Introduction -- 2. Conceptual Analysis -- 3. The Problem of Legal Authority -- 4. The Function of Law -- 5. Normative Legal Positivism -- 6. Conclusion.
    Abstract: Legal Positivism has been the dominant school of legal philosophy for much of the last century, despite its many critics. Its central tenet has long been that there is no necessary connection between law and morality. This book provides a broad but clear and jargon-free account of the central objections to the theory and why those objections are sufficient to show that legal positivism is no longer tenable. This includes a broad critique of the purported distinction method of legal positivism, the idea of ‘conceptual analysis,’ as well as a detailed assessment of the most influential of all legal positivist theories, that of H.L.A. Hart. The book also provides a defense of the natural law school, which holds in contrast to legal positivism that the authority of law arises from its intrinsic connection to morality. The author demonstrates that most of the criticism of the natural law school arises from a caricatured account of that doctrine, for instance the idea that it requires substantive theological commitments or particular conceptions of human nature. In contrast, the author presents an account of natural law theory that is grounded in a commitment to moral truth, but not to any theological beliefs. The nature of law can only be understood in terms of its moral function, to provide a clear set of moral rules that are required for a society to function effectively.
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    Cham : Springer Nature Switzerland | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031438318
    Language: English
    Pages: 1 Online-Ressource (XI, 155 p. 5 illus.)
    Parallel Title: Erscheint auch als
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    Keywords: Finance. ; History. ; Economic history. ; Law ; Economic policy. ; Kansas ; Blue Sky Act ; 1911 ; paternalism ; regulation ; state securities regulation ; American financial history ; federal regulation ; stocks and bonds ; Joseph N. Dolley
    Abstract: 1. The dynamics of paternalism: The Naïf, The Slicker and The Busybody -- 2. A Country Banker -- 3. Mr. Thompkins Comes to Town: Buyer Beware -- 4. After the Fakirs -- 5. A Wise Man to Look Out for you -- 6. The Busybody’s Heavy Hand -- 7. The Banker Shunned -- 8. "You Can Fool Some of the People All of the Time”: Still Falling for Dreams of Wealth -- 9. The Ticker’s Siren Song -- 10. Not quite a Naïf, Not quite a Con Man: paternalism and liberty in the market.
    Abstract: This Palgrave Pivot presents the first in-depth study of the pioneering Kansas Blue Sky Act of 1911, the first effort in American financial history to regulate the sale of securities in the US. Though offering a balanced examination of critiques of the legislation as a barrier to individual liberty, interstate commerce, and economic growth, the author challenges the prevailing view of the Kansas Act as a complete anomaly, instead exploring sensitively what ‘blue sky laws’ can tell us about small-town market values during the nineteenth-century. Drawing on contemporary accounts of rural commerce and popular stereotypes about rural society, the author takes a cultural-historical approach to the politics of regulation and government intervention in the economy. Situating the Blue Sky Act in the broader context of Progressive Era reforms, the author demonstrates how distinctive patterns of commerce and finance in the self-contained, miniature economies of mid-continental rural communities were often at odds with the “caveat emptor” (buyer beware) standard of American law and commerce in larger markets. Instead the author explores how paternalistic assumptions about individual investment decisions led to the creation of the Act, yet how it was doomed to failure in the context of emerging national stock markets, changing attitudes that regarded stock primarily as a vehicle for trade and the market boom of the 1920s. The book also explores how the initial acceptance of the Kansas model in other states and its later rejection provides a lens through which to examine the fluidity of notions of individual liberty during this period of fast economic and social change. This book will be of interest to researchers working in American financial history, as well as legal history and securities law. David Ress is a journalist and honorary research associate at the University of New England, Australia. He is the author of Municipal Accountability in the American Age of Reform (Palgrave, 2018) and The Half Breed Tracts in Early National America (Palgrave, 2020).
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    Cham : Springer Nature Switzerland | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031413971
    Language: English
    Pages: 1 Online-Ressource(XI, 296 p. 3 illus., 2 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: Challenges to Democracy in the 21st Century
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    Keywords: Political science. ; Political sociology. ; Political science ; World politics.
    Abstract: 1 Introduction -- PART I Trust, Distrust, and Democracy -- 2 Trust in Science Revisited. Social-Epistemic Challenges in Democratic and Digital Societies -- 3 Suspicious Minds: Towards a Typology of Political Distrust -- 4 Distrust and Democracy -- PART II Authoritarianism and Democracy -- 5 Whose populism? What democracy? On the Conceptual and Normative Connections of Populism and Democracy -- 6 Carl Schmitt and the Political Theology of Populism -- 7 Between Democracy and Authoritarianism: The Illiberal Challenge -- 8 The Grey Areas of Democracy: Indifference and the Erosion of Democratic Principles from Within -- 9 Constitutional Thought, Democracy and Crisis Government -- PART III Democracy—The Will of the People? -- 10 From the Democracy of Opinions to the Democracy of Procedures -- 11 The Agenda Problem in Referendum Democracy -- 12 On the Concept and Practice of Democracy in Late Modern Mass Conditions: An Oakeshottian Update.
    Abstract: Is it possible, in the complex modern world, to have a government ‘by the people’? Does, for example, digital technology help us to bring the reality closer to the ideal? Or does it actually make the ideal unattainable? The volume brings together conceptual historians, philosophers, political theorists and sociologists to discuss the criticisms and crises of democracy with fresh approaches to the idea of democracy, democratic theory, democratic institutions, trust and distrust, populism, and advancement of technologies in Western societies. Eerik Lagerspetz is Professor of Practical Philosophy at the University of Turku, Finland. Oili Pulkkinen is a historian, who is currently researching artificial intelligence, democracy, political subjectivity and time.
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  • 61
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    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031361678
    Language: English
    Pages: 1 Online-Ressource(XIII, 279 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Political Philosophy and Public Purpose
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    Keywords: Political science. ; Political sociology. ; Political science ; Law and the social sciences. ; Law ; Law
    Abstract: 1. Introduction Rob Hunter, Rafael Khachaturian, Eva Nanopoulos -- 2. State, Capital, Nature: State Theory for the Anthropocene Alyssa Battistoni -- 3. ‘Bursting Asunder the Integument’: Democracy, Digitalisation, and the State Dimitrios Kivotidis -- 4. Crisis, Social Reproduction, and the Capitalist State: Notes on an Uncertain Conjuncture Rafael Khachaturian -- 5. From Economic to Political Crisis: Trump and the Neoliberal State Stephen Maher and Scott Aquanno -- 6. Soldiers and the State in Marx and Engels Jasmine Chorley-Schulz -- 7. To Embrace or Reject: Marxism and the ‘War-Emergency Paradigm’ Eva Nanopoulos -- 8. Socially Reproductive Workers, ‘Life Making’, and State Repression Kirstin Munro -- 9. Social Murder: Capitalism’s Systematic and State-Organised Killing Nate Holdren -- 10. Beyond Abstractionism: Notes on Conjunctural State Theory Michael A. McCarthy -- 11. The Marx Revival and State Theory: Towards a Negative-Dialectical Critical Social Theory of the State Chris O’Kane -- 12. The Capitalist State as Historically-Specific Social Form Rob Hunter.
    Abstract: “This collection from a younger generation of scholars brings forward not only the theoretical and analytical richness of the Marxist tradition but also its indispensability for any project of radical social transformation.” — Panagiotis Sotiris, Hellenic Open University, Greece and author of A Philosophy for Communism: Rethinking Althusser (2020) “From the Covid pandemic to global warming to vulnerable supply chains, it has become commonplace to observe the ‘return of the state.’ This volume adds much-needed rigor to such discussions. There is no better moment to revisit and advance Marxist state theory.” —Thea Riofrancos, Associate Professor of Political Science, Providence College, USA “This volume contains a masterfully orchestrated set of arguments and insights for a materialist theory of the state and will undoubtedly serve as a reference point for future debate.” — Marco Goldoni, Senior Lecturer in Legal Theory, Glasgow University, UK This book builds on the recent revival of interest in Marx and Marxism, calling for a renewal and refinement of Marxist state theory. It aims to encourage new debates and critiques that build on—but also update and extend—the rich tradition of Marxist analyses of the capitalist state, including the well-known debates of the 1970s. The chapters present a dynamic and diverse constellation of arguments and perspectives on a range of topics, from general re-appraisals of the capitalist state to investigations of contemporary challenges—including digitalisation, the ecological crisis, the coronavirus pandemic, social reproduction, and critical political economy. What they share is a commitment to an understanding of the specifically capitalist character of the modern state and its significance for any serious discussion of the causes of our current age of global catastrophe and the overcoming of capitalist social relations. Rob Hunter holds a PhD in Politics from Princeton University, USA. He is a member of the Legal Form editorial collective. Rafael Khachaturian is a Lecturer in Critical Writing at the University of Pennsylvania, USA. Eva Nanopoulos is a Senior Lecturer in Law at Queen Mary, University of London UK.
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  • 62
    ISBN: 9783031361111
    Language: English
    Pages: 1 Online-Ressource (xx, 546 p., 2 illus.)
    Edition: 1st ed. 2023
    Series Statement: International political theory
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    Keywords: Political science ; International relations ; World politics ; Political science ; International relations Philosophy ; Internationale Politik ; Theorie ; Politische Theorie ; Politische Wissenschaft ; Politische Philosophie ; Geschichte ; Handbuch ; Aufsatzsammlung
    Abstract: Introduction (David Boucher, Alexandros Koutsoukis, David Reidy, David Sullivan, Peter Sutch, and Howard Williams) -- Part I: The Ancient World -- Chapter 1. The Chinese Contribution to Theorizing International Relations (Rosita Dellios) -- Chapter 2.Thucydides and Social Processes: Beyond Tragedy (Alexandros Koutsoukis) -- Chapter 3. Stoicism, Cicero and Relations Among Nations (David Boucher) -- Part II: Early Christianity and Early Modern Christianity -- Chapter 4. Augustine, Realism, and their Revealed Truth (Huw L. Williams) -- Chapter 5. The Roman Empire and the Universal Church (Cary C. Nederman) -- Chapter 6. Crusader-Muslim Relations: The Power of Diplomacy in a Troubling Age (Suleiman A. Mourad) -- Chapter 7. The Conceptual Challenge: Europe and the New World (Camilla Boisen) -- Part III: The Westphalian Moment -- Chapter 8.Dynamic cosmopolis: The “Westphalian world order” and beyond (Georg Cavallar) -- Chapter 9.The Cosmopolitan Challenge: Cosmopolitan Ideas in the Eighteenth and Nineteenth Century (Oliver Eberl) -- Chapter 10. The Positivist Challenge, the Rise of Realism, and the Demise of Nationalism (Felix Rösch) -- Part IV: Colonialism, Decolonisation and Postcolonialism -- Chapter 11. Amílcar Cabral and the International: Race, Colonialism, Liberation (Branwen Gruffydd Jones) -- Chapter 12. Imperialism and its critics (Demin Duan and Howard Williams) -- Chapter 13. The African Challenge and its Aftermath: Colonial Legacies and the (Re)making of the International Legal Order (Sara Dezalay) -- Chapter 14. New Imperialism (Brett Bowden) -- Part V: Progress and Promise of International Law -- Chapter 15. Practicing Humanity: Humanisation and Contemporary International Political Theory (Peter Sutch and Oliver Pierce) -- Chapter 16. Hegel and International Political Theory (Tony Burns) -- Chapter 17. Just War Theory: Past, Present, and Future (Cian O’Driscoll) -- Chapter 18. Three Axial Ages of Religion, Law and Global Constitutionalism (Hauke Brunkhorst) -- Part VI: Challenges to Sovereignty, Territory and Borders -- Chapter 19. Conceptual Foundations of Sovereignty and the Rise of the Modern State (Silviya Lechner) -- Chapter 20. Nationalism and Intrastate Diversities (Andrew Vincent) -- Chapter 21. Universal Obligations: Jus Cogens and Obligations (Erga Omnes Christian Tomuschat) -- Chapter 22. Self-Determination and Secession: An Act of Collective Emancipation (Costas Laoutides) -- Chapter 23. Migration Across Borders (Gillian Brock) -- Chapter 24. Remedying Cosmopolitan Wrongs: Indigenous Peoples, Kant, and Historical Injustice (Timothy Waligore) -- Chapter 25.Women and War (Caron E. Gentry and Rebecca Wilson).
    Abstract: This is a major new work by internationally renowned editors and cutting edge contributors. The Handbook pulls off the difficult feat of simultaneously canonizing and de-parochializing International Political Theory, by extending its historical genealogy as well as its regional and thematic reach. The results are presented in accessible chapters for the student of the new field.“ - Peter Niesen, Professor of Political Theory, University of Hamburg, Germany “As the world confronts new challenges like pandemics and climate change, academic political theory has struggled to keep pace with events. Increasingly, our thinking must become international in scope. Focusing on themes from realism, sovereignty, and the nation-state to post-colonialism, gender, and indigeneity, these volumes attempt to bring political theory into the twenty-first century. The editors have brought together an impressive cast of contributors each of whom adds a distinctive voice to this chorus. This collection will provide an invaluable resource for scholars and students pondering the problems not only of today or tomorrow but of the future.” - Steven B. Smith, Alfred Cowles Professor of Political Science, Yale University, USA This handbook provides an exploration of the field of International Political Theory (IPT), which in its broadest terms, examines the ways in which ideas about justice, sovereignty, and legitimacy shape international politics. It is a comprehensive resource for those interested in understanding the philosophical, political, and legal issues that arise from interactions between states, peoples, and global actors. The two volumes of the handbook cover a wide range of topics, from the foundations of international political thought to the latest debates in the field. They are designed to give readers a comprehensive overview of the key concepts and arguments within international political theory and provide an introduction to the main debates in the field.Volume 1 takes us from the ancient world to the formation of the modern state system as we lay the groundwork for a critical understanding of changes in, and challenges to, core ideas such as sovereignty, international law and territorial integrity. The contributions to this volume explore the European domination of the discipline providing insights into how it came to conceive the world in its own image. They also focus on non-Western perspectives and reactions to European hegemony. Howard Williams is Distinguished Honorary Professor in the School of Law and Politics at Cardiff University, and Emeritus Professor of Political Theory in the Department of International Politics at Aberystwyth University, UK. David Boucher is Professor of Political Philosophy and International Relations at the University of Cardiff, UK, and Distinguished Visiting Professor at the University of Johannesburg (2015-25), South Africa. Peter Sutch is Professor of Political and International Theory at Cardiff University, UK. He is also Visiting Professor at the University of the Witwatersrand, South Africa. David Reidy is Professor of Philosophy at The University of Tennessee, USA. Alexandros Koutsoukis is Lecturer in International Relations at the University of Central Lancashire, UK.
    Note: Includes bibliographical references and index
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  • 63
    Online Resource
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    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031421518
    Language: English
    Pages: 1 Online-Ressource(VII, 201 p. 4 illus.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
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    Keywords: Political science ; Social sciences ; Continental Philosophy.
    Abstract: Chapter 1 What is the Parallax View? -- Chapter 2 What About Life? -- Chapter 3 What is Ideology? -- Chapter 4 Lacan, Discourses and Social Bonds I: Graphs of Desire -- Chapter 5 Lacan, Discourses and Social Bonds II: Aggressivity and Narcissistic Rage -- Chapter 6 Cynicism / Ressentiment as the Function of Ideology -- Chapter 7 What Does it Mean to be Free?: Hermeneutics of Freedom -- Chapter 8 Utopia and the Parallax View.
    Abstract: This book is an exploration of Žižek's theory of freedom. By examining key passages in Žižek's work the aim is to provide a functional, serviceable philosophy of power and ideology and show how this philosophy of power relates to freedom. Although some, like Noam Chomsky, have criticized Žižek's work as having no guiding principles, it is suggested that this misses the fact that Žižek's philosophy utilizes a dialectical methodology that often appears contradictory. Though a highly astute reader with a background in the philosophical texts he frequently cites (the German Idealists, Freud, and modern philosophers), it becomes clear that there is a uniquely Zizekian philosophy that mobilizes a radical hermeneutics of freedom. Bradley Kaye is Adjunct Professor at SUNY Fredonia's Socio-Justice Sciences Department, Fredonia, NY, USA.
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    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031135910
    Language: English
    Pages: 1 Online-Ressource(XI, 393 p.)
    Edition: 1st ed. 2023.
    Series Statement: Palgrave Studies in Classical Liberalism
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    Keywords: Political science—Philosophy. ; Aesthetics. ; Political science
    Abstract: Chapter 1. Introduction. Politics, Art and Philosophy -- Chapter 2. The Emergence of a Philosophy of Art and Politics -- Chapter 3. The Political Philosophy of Conservatism (vita activa) -- Chapter 4. The Theory of Art and Culture -- Chapter 5. From the Philosophy of Art to Metaphysics (vita contemplativa) -- Chapter 6. Conclusion. The Duality of Scruton’s Philosophy of Politics and Art.
    Abstract: This book offers the first full-length study into the philosophical legacy of Roger Scruton, one of the most important British conservative philosophers. Scruton’s philosophical interests encompassed art and politics and this book explores the intersections between these seeming disparate concerns. It also examines the philosopher’s fascination with Central European culture and considers his metaphysical intimations, connecting the arts with religion and the bonds of love. .
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    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031448331
    Language: English
    Pages: 1 Online-Ressource(XIV, 138 p.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
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    Keywords: Political science ; Social sciences
    Abstract: Chapter 1 Concepts: Somapower, the Microphysics of Emancipation, and the Politics of Everyday Life -- Chapter 2 Applications: Everyday Life, the Body and Strategies of Resistance -- Chapter 3 The Pandemic and the Politics of the Body -- Chapter 4 Conclusions.
    Abstract: The COVID-19 pandemic has powerfully highlighted the tight knot of bodiliness and politics. This relationship lies at the heart of this book. The author explores how events in everyday life take on a deeply political dimension, and how the body becomes a site of political practice. Subject to regulation, the body functions as a vehicle of oppressive social influences, and has been studied as such by philosophers within the framework of biopolitics. However, the body is also a locus of resistance and rebellion against the entrenched rules, a quality which the author refers to as somapower. The revolt of the body usually begins and develops beyond political spaces – in emancipatory cultural niches, which may gradually accrue political resonance. While this microphysics of emancipation, with its potential for remodeling political life, is particularly important in authoritarian and totalitarian regimes, it is also a relevant force in democracies, where it may foster social change. Leszek Koczanowicz is Professor of Cultural Studies and Political Science at the Faculty of Humanities, SWPS University, Wrocław, Poland.
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    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031110085
    Language: English
    Pages: 1 Online-Ressource(XIX, 338 p.)
    Edition: 1st ed. 2023.
    Series Statement: Palgrave Frontiers in Philosophy of Religion
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    Keywords: Religion—Philosophy. ; Political science—Philosophy. ; Philosophy. ; Political science ; Religion
    Abstract: 1. Introduction; Sharada Sugirtharajah -- Part 1 Hick’s Religious Pluralism: A Western Reappraisal -- 2. The Translucency of the Real: Revisiting John Hick’s Pluralistic Hypothesis; Kenneth Rose -- 3. Religious Pluralism and Critical Realism; Perry Schmidt-Leukel -- 4. Pointers to Pluralism Not Relativism; Alan Race -- 5. Ethics and Pluralism; Keith Ward -- 6. Jewish Pluralism and John Hick; Dan Cohn-Sherbok -- Part II Re-envisioning Hick’s Religious Pluralism: Indic and Islamic Responses -- 7. Eating Sugar, Becoming Sugar, Both, or Neither? Eschatology and Religious Pluralism in the Thought of John Hick; Swami Medhananda -- 8. On the Shoulders of a Giant: The Re-envisioning and Reconstruction of John Hick’s Pluralistic Hypothesis; Jeffery D. Long -- 9. The Knowable and the Unknowable ‘Real’ in Radhakrishnan’s and Hick’s Thinking; Sharada Sugirtharajah -- 10. Hick’s Theory of Religion and the Inclusive Option; Amir Dastmalchian -- Part III Hick’s Religious Pluralism: Asian and African responses -- 11. Chinese Daoism and Ultimate Reality: An Interpretation Based on John Hick’s Religious Pluralism; Zhicheng Wang -- 12. Hick’s religious pluralism and Korean Theology of Indigenization; Iljoon Park -- 13. Japanese Responses to Hick’s Religious Pluralism: Hick’s liberalism inherited from British Idealism; Naoki Kitta -- 14. The Significance of John Hick’s Soteriological and Ethical Criteria for Religiously Pluralistic Nigeria; Olusegun Noah Olawoyin.
    Abstract: This volume contains fresh scholarly contributions to mark the birth centenary of John Hick, the internationally well-known philosopher of religion, whose works continue to have significant global relevance in today’s religiously diverse and conflict-ridden world. His writings have reset the parameters of religious pluralism. Up till now, Hick’s religious pluralism has been mainly seen in relation to the Western context where Christianity is the predominant religion. This volume includes both Western and non-Western engagement with his thinking in contexts such as Japan, China, Korea, Nigeria, and India, where Christianity is a minority religion with little political power. Its distinctiveness lies in widening the debate on religious pluralism by bringing Hick’s pluralistic hypothesis into a constructive cross-cultural and interreligious conversation with scholars of Hinduism, Jainism, Daoism, Judaism, Christianity, Islam and African traditional religions. In doing so, this collection examines how Hick’s philosophy of religious pluralism has been received, appropriated and appraised by these scholars. It has been appreciated and critiqued in equal measure, and continues to impact on current thinking on religious pluralism. This volume makes a significant contribution to the debate initiated by Hick. Sharada Sugirtharajah, Honorary Senior Research Fellow, School of Theology, Philosophy and Religion, University of Birmingham.
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    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031464355
    Language: English
    Pages: 1 Online-Ressource(X, 226 p.)
    Edition: 1st ed. 2023.
    Series Statement: Studies in the History of Law and Justice 28
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    Keywords: Law ; Law
    Abstract: 1 Introduction -- 2 Contextualising Dorado Montero -- 3 Historical Background -- 4 Dorado Montero’s Foreign Influences -- 5 Dorado Montero’s Criminal Doctrine – The Protective Law of the Criminals -- 6 Locating Dorado Montero in Spanish Doctrine -- 7 Conclusions.
    Abstract: Pedro Dorado Montero was one of Spain’s most relevant authors. He contributed to modern Criminal law and Penology with a very unique theory: the Protective Law for Criminals. In a time when neoclassical penal theories and new positivist theories clashed, Dorado Montero’s proposal served as a bridge between the criminal law conceptions of the 19th and 20th centuries. In order to explore his role in the introduction of positivism within Spain and the subsequent success of this trend, this book addresses several aspects. The first three analyzed are his scholarly career, the historical and international context in which he lived, and the various European and other international influences he was exposed to. On this basis, two major points are then discussed. Firstly, Dorado Montero has been traditionally included within the movement known as correccionalismo. However, his legal-philosophical and criminal thought indicates otherwise. It seems to lie closer to positivism than to neoclassical positions. This research aims at challenging the accuracy of the ‘eclectic’ label which traditional historiography has applied to him. In turn, Dorado Montero described a reality in which every moral value and legal representation was a mere product of mankind’s imagination. Man is responsible for the elaboration of morals, law and culture in his own mind. Thus, for him, there were as many moral and legal orders as there were human beings on the planet. Such a claim is polemic even today. Unsurprisingly, the author received criticism from both neoclassical and positivist schools. Thus, the existence of a ‘Doradian positivism’ is explored. Despite the growing interest in these topics over the last few decades, Dorado Montero has somehow been overlooked – even though his Derecho protector de los criminales described the criminal law of the future as well, one that will have to face the new neurological, medical, psychological and genetic challenges of our time.
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  • 68
    Online Resource
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    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031133107
    Language: English
    Pages: 1 Online-Ressource(VII, 174 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Philosophy and Politics - Critical Explorations 23
    Parallel Title: Erscheint auch als Secularism in comparative perspective
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Political science—Philosophy. ; Religion—History. ; Religion and sociology. ; World history. ; Political science ; Religion ; Aufsatzsammlung ; Säkularismus ; Religionspolitik ; Kulturvergleich
    Abstract: Chapter 1. Introduction, Jonathan Laurence -- Chapter 2. Islam, Political Governance, and Secularism, Asma Afsaruddin -- Chapter 3. Languages of Secularity, Sudipta Kaviraj -- Chapter 4. Islam and the State from a Shi’ite Perspective, Mohsen Kadivar -- Chapter 5. Catholicism, Colonial Encounters and Secularism in Asia, Jose Casanova -- Chapter 6. Secularism in the French Context, Carol Ferrera -- Chapter 7. The Absence of Secularism in Senegal, Claire Seulgie Lim -- Chapter 8. Secularization in North Africa, Jonathan Laurence -- Chapter 9. Rethinking Secularism and State Policies toward Religion, Ahmet Kuru -- Chapter 10. Secularism in US State and Society, Michael Walzer.
    Abstract: This book confronts the key questions surrounding Comparative Secularism in historical perspective. The contributions critically consider the normative ideas and alternative political arrangements that govern religion’s relation to politics and to the public and private spheres. Containing contributions by world-renowned scholars such as Michael Walzer, Asma Afsaruddin, Sudipta Kaviraj, this book recounts the arguments, debates, and disputations regarding secular arguments for accommodating religion. It does so in both critical and appreciative ways and describes some of the outcomes in actually existing institutions, policies, and practical arrangements. With the addition of many non-Western experiences and viewpoints on how secularism is theorized and lived, politically and historically and from Europe and Asia to Africa and the Americas, this volume is of great value political philosophers across the globe. .
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    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031211089
    Language: English
    Pages: 1 Online-Ressource (XIII, 373 p. 7 illus., 5 illus. in color.)
    Series Statement: Palgrave Studies in Classical Liberalism
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als Climate liberalism
    RVK:
    RVK:
    Keywords: Political science—Philosophy. ; Environmental policy. ; Environmental economics. ; Pollution. ; Environmental Law. ; Political science ; pollution ; classical liberalism ; property rights ; climate change ; free market environmentalism ; nuisance ; climate risk ; liberty ; Aufsatzsammlung
    Abstract: Chapter 1: Introduction -- Chapter 2: Pollution and Natural Rights – Billy Christmas -- Chapter 3: Do Libertarians Have Anything Useful to Contribute to Climate Change Policy? -- Chapter 4: Climate Change Adaptation through the Prism of Individual Rights -- Chapter 5: Common Law Tort as a Transitional Regulatory Regime -- Chapter 6: Libertarianism, Pollution and the Limits of Court Adjudication -- Chapter 7: Complexities of Climate Governance in Multidimensional Property Regimes -- Chapter 8: Climate Change & Class Actions -- Chapter 9: Nature and the Firm -- Chapter 10: Permission, Prohibition & Dynamism -- Chapter 11: Market Solutions to Large Number Environmental Problem-Induced Changes in Risk Distributions -- Chapter 12: A Classical Liberal Case for Target-Consistent Carbon Pricing -- Chapter 13: Climate Change, Political Economy, and the Problem of Comparative Institutions Analysis -- Chapter 14: The Social Cost of Carbon, Humility, and Overlapping Consensus on Climate Policy. .
    Abstract: “Political philosophies that put a lot of weight on freedom and property rights have a hard time grappling with the problem of pollution. How can we reconcile the inviolability of the individual with the ubiquity of negative externalities? The essays in this volume represent the most promising and sophisticated effort yet to come to grips with this problem. Climate Liberalism is essential reading on one of the most theoretically interesting and practically important issues of our time.” -- Matt Zwolinski, Professor of Philosophy, University of San Diego Author of The Individualists: Radicals, Reactionaries, and the Struggle for the Soul of Libertarianism “Climate Liberalism captures a valuable and overdue conversation about classical liberal thinking and the seemingly intractable problem of climate change. Much of what is written about domestic and international climate policy boils down to nihilist political considerations, and lacks any theoretical or deontological foundation. This volume is a vital step towards filling that void.” -- Shi-Ling Hsu D’Alemberte Professor, Florida State University College of Law Author of Capitalism and the Environment Climate Liberalism examines the potential and limitations of classical-liberal approaches to pollution control and climate change. Some successful environmental strategies, such as the use of catch-shares for fisheries, instream water rights, and tradable emission permits, draw heavily upon the classical liberal intellectual tradition and its emphasis on property rights and competitive markets. This intellectual tradition has been less helpful, to date, in the development or design of climate change policies. Climate Liberalism aims to help fill the gap in the academic literature examining the extent to which classical-liberal principles, including an emphasis on property rights, decentralized authority and dynamic markets, can inform the debate over climate-change policies. The contributors in this book approach the topic from a range of perspectives and represent multiple academic disciplines. Chapters consider the role of property rights and common-law legal systems in controlling pollution, the extent to which competitive markets backed by legal rules encourage risk minimization and adaptation, and how to identify the sorts of policy interventions that may help address climate change in ways that are consistent with liberal values. Jonathan H. Adler is the inaugural Johan Verheij Memorial Professor of Law and the founding Director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law, where he teaches courses in environmental, administrative and constitutional law.
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  • 70
    ISBN: 9783031328985
    Language: English
    Pages: 1 Online-Ressource(XI, 274 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Philosophy and Politics - Critical Explorations 27
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Political science—Philosophy. ; Ethnology—Africa. ; Culture. ; Ethics. ; Moral development. ; Social influence. ; Political science ; Ethnology
    Abstract: Chapter 1 Introduction- What is Development Ethics in an African Context? -- Chapter 2 African Ethics as a Conduit to Development -- Chapter 3 Neo-liberalism and the Ethics of Pan-African Development Governance in Sub-Saharan Africa -- Chapter 4 An Anatomy of Neoliberalism’s Subversion of Development and Democracy in Africa -- Chapter 5 The Moral Dimension of Development in Zimbabwe -- Chapter 6 Development Theory and Ideology Conundrums in Africa: A disconnect between values and practice -- Chapter 7 “A model without plenty”: A critical assessment of the “Winner takes all” concept in Zimbabwean politics 1980-2021 -- Chapter 8 African Ethics and Sustainable Development Goals: Towards Achieving the SDGs in Africa -- Chapter 9 A blessing or a curse: An exploration of Zimbabwe’s plight in the global village -- Chapter 10 Can the disrupter be disrupted? An ethical interrogation of the implication of Disruptive innovations on incumbent businesses in Africa -- Chapter 11 Human Rights: A Precursor for Development in Africa with specific reference to Women’s Rights -- Chapter 12 The Economic Foundation of Racism -- Chapter 13 Dynamics of poverty and brain-drain in Africa -- Chapter 14 Medical Brain Drain and Restrictive Migration Policies in Africa: Recurring Issues and New Perspectives -- Chapter 15 Environmental and intergeneration justice in Africa: Important issues in addressing Africa’s developmental challenges in the 21st century -- Chapter 16 “Environmental Crisis or Environmental Retaliation”: Reflections on the Nexus between the Manyika people and the Environment in Post-Colonial Zimbabwe -- Chapter 17 Africa’s Economic Migrants and their contribution to Community Development in Africa’s host communities -- Chapter 18 Epistemic Decolonisation in African Higher Education: Beyond Current Curricular and Pedagogical Reformation -- Chapter 19 Educational Challenges to Africa’s Development: The Imperative of Epistemic Decolonisation Victoria -- Chapter 20 Political conflict, Sanctions and Development in the Post-coup Zimbabwe: An Ubuntu perspective -- Chapter 21 Terrorism, Religious Fundamentalism and the Challenge of (Under)development in Africa: An Existentialist InterventionAbidemi Israel -- Chapter 22 Towards Resolving African Leadership Issues Using Integrity and Public Accountability Criteria of Ethical and Exemplary Leadership Models -- Chapter 23 Conclusion: Development Ethics in an African Context: What does the future hold?.
    Abstract: This book offers fresh academic insights, reflections, questions, issues, and approaches to development ethics, taking into account, African values and ethics. Development ethics is an area of applied ethics that examines the moral issues involved in global, social, and economic transformation. While it is a relatively new discipline, there have been numerous scholarly publications on it from Western perspectives. However, only a few studies that focused on development ethics from the African perspective. To address this gap, the book seeks to answer critical questions such as "What does development mean to Africans?", "How can we measure development?", "Who gets to decide?", and "What constitutes just development in Africa?" With contributions from African scholars from diverse backgrounds, the book covers various development themes such as Theories and approaches to development ethics in Africa, Environmental Ethics and African Development, Ethics, Politics and African Development, Migration and African development, Gender, Ethics and Socio-economic Development in Africa, Education, Ethics and African development. It is an essential resource for researchers, lecturers, and students interested in political philosophy and African culture studies.
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    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031475986
    Language: English
    Pages: 1 Online-Ressource(XIX, 138 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Philosophy and Politics - Critical Explorations 28
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Political science ; Social justice. ; Philosophy, African.
    Abstract: Dedication -- Preface -- Acknowledgements -- List of Figures -- List of Tables -- Chapter 1. General Introduction -- Chapter 2. Semantic Theory of Justice in the Chichewa Language -- Chapter 3. Communitarian Theory of Justice -- Chapter 4. Vitalogical Theory of Justice -- Chapter 5. Divine Gift Theory of Justice -- Chapter 6. Ubuntu Human Nature-Based Theory of Justice -- Chapter 7. African Rights Theory of Justice -- Chapter 8. Conclusion -- Index.
    Abstract: The book examines the meaning of justice in African political philosophy, building on the use-theoretical approach. Currently, most of the philosophical works in this context advocate for a communal interpretation of the meaning of justice, such as the 'relational theory of justice' and 'Ubuntu justice as fairness.' The author argues that this foundation of justice in the community undermines the self, which is a major problem with these theories. As an attempt to go beyond communitarianism in African thought, the book recognizes other philosophical frameworks for elaborating the meaning of justice in ordinary people's experience, such as vitalism, theism, ubuntuism, and semantic framework. The author opts for a reconstructed ubuntu-based theory of the meaning of justice that reflects the traditional African experience and recuperates 'valuing self-existence' and 'valuing other-existence' as its foundations. The book further identifies the centrality of rights in defining justice in traditional African communities.
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    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031471445
    Language: English
    Pages: 1 Online-Ressource(XXX, 247 p.)
    Edition: 1st ed. 2023.
    Series Statement: Radical Theologies and Philosophies
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Political science ; Ethics. ; Social sciences ; Sociology.
    Abstract: 1. Introduction -- 2. Analysis of Non-Violent Protest and Resistance -- 3. Analysis of the Relevant Scholarship on Resistance/Use of Violence -- 4. Violent Resistance by the Politically Vulnerable -- 5. Contemporary Application and Analysis.
    Abstract: This book presents a philosophical analysis of the different forms of political resistance and protest. It explores the normative space of resistance that is beyond self-defense and civil disobedience, and proposes the concept of “resistance violence” as a separate and special normative category. Instances that fall under this category can be, accordingly justified, even if they prove to be practically ineffective, by appealing to their role in preserving or upholding the dignity of the resistors or those who they aim to protect. Margaret Betz draws from important and interesting historical examples to establish the concept, and proposes to apply it to better understand contemporary struggles against injustice. Margaret Betz is a Teaching Professor at Rutgers University in Camden, NJ. She is the author of The Hidden Philosophy of Hannah Arendt as well as various articles and book chapters on Arendt, feminist theory, and political philosophy.
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    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031363788
    Language: English
    Pages: 1 Online-Ressource(XVIII, 258 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Political Philosophy and Public Purpose
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Political science. ; Political science ; Critical theory. ; World politics.
    Abstract: Chapter 1: Socialisme ou Barbarie -- Chapter 2: Society, Reality, Alienation and Ideology -- Chapter 3: The modern symbolic revolution -- Chapter 4: The interpretation of Machiavelli -- Chapter 5: The theory of the political -- Chapter 6: Democracy and Totalitarianism -- Chapter 7: Conclusions.
    Abstract: This book proposes a new interpretation of Claude Lefort’s thought focusing on his phenomenological method. Although all scholars recognize the influence of Merleau-Ponty, so far no one has demonstrated the fundamental coherence between Merleau-Ponty’s theory and the main concepts proposed by Lefort; in particular between the concept of institution and the definitions of social and democracy. If Merleau-Ponty uses the idea of institution to think beyond the division between subject and object, to think together continuity and difference, permanence and change, this same concept allows Lefort to understand society as both conflict and unity. From this starting point, this study will attempt to clarify Lefort’s concept of the political and his interpretations of modernity, humanism, and the work of Niccolò Machiavelli. These very concepts will show the difference from structuralism, Michel Foucault’s contemporary theory and theories of immanence. At the same time this study highlights an internal tension in Lefort’s own thinking: between autonomy and experience, institution and insurgence. Mattia Di Pierro is a Post-Doc researcher at the Philosophy Department of the University of Milan, Italy. His research mainly concerns contemporary political thought, theories of democracy and of modernity. He is the author of L’esperienza del mondo: Claude Lefort e la fenomenologia del politico (ETS 2020) and numerous articles on history of political thought and political philosophy.
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  • 74
    ISBN: 9783031395147
    Language: German
    Pages: 1 Online-Ressource(XIII, 310 S.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Keywords: Law ; Law.
    Abstract: Kapitel 1. Einleitung /Lorenzmaier) -- Teil A: Entwicklung und aktuelle Herausforderungen des auswärtigen Handelns der Union: Von geteilten Zuständigkeiten zu gemeinsamen Werten -- Kapitel 2. Neue Herausforderungen für die Vertragsgestaltungsbefugnisse der Union und gemeinsame Werte bei der Umsetzung ihrer Abkommen (Müller-Graff) -- Kapitel 3. Von ERTA zu Singapur - und darüber hinaus (Vedder) -- Kapitel 4. Ausschließliche und geteilte Zuständigkeiten nach dem Singapur-Gutachten des Europäischen Gerichtshofs - 2/15 Revisited (Lorenzmaier) -- Kapitel 5. Gemischte Abkommen nach dem EuGH-Gutachten 2/15 zum Freihandelsabkommen EU-Singapur (Kumin) -- Kapitel 6. Der sektorale Ansatz EU-Schweiz unter Druck - nicht zuletzt wegen des Brexit (Tobler) -- Kapitel 7. Die Ratifizierungsgeschichte des Assoziierungsabkommens EU-Ukraine: Some Lessons for the Practice of Mixed Agreements (van Elsuwege) -- Teil B: EU Cooperation with its Eastern Neighborhood and Eurasia: Shared Values v. Closer/Remote Integration -- Kapitel 8. Herausforderungen bei der wirksamen Umsetzung des Assoziierungsabkommens zwischen der EU und der Ukraine in die ukrainische Rechtsordnung (Petrov) -- Kapitel 9. Auswirkungen des Assoziierungsabkommens zwischen der EU und Georgien auf die Rechtsordnung Georgiens (Gabrichidze) - Kapitel 10. Grundsätze und Werte des fairen Wettbewerbs in der EU und ihren Assoziierungsabkommen mit der Ukraine, Moldawien und Georgien (Smyrnova) - Kapitel 11. Die verstärkte Partnerschaft zwischen der EU und Kasachstan: Ein Überblick und eine Bewertung (Kembayev) -- Kapitel 12. - Umfassendes und vertieftes Partnerschaftsabkommen zwischen der EU und Armenien: Ein neues Instrument zur Förderung der Werte der EU und der allgemeinen Grundsätze des EU-Rechts (Khvorostiankina) -- Kapitel 13. Schweinefleisch, Frieden und Prinzipien: Die Beziehungen zwischen der EU und der Eurasischen Wirtschaftsunion (Dragneva) - Kapitel 14. Die EU und Russland: Alte Rechtsgrundlagen für neue Beziehungen des "ausgewählten Engagements" (Kalinichenko) -- Kapitel 15. Die EU und Belarus. Aktuelle und zukünftige vertragliche Beziehungen (Karliuk) - Kapitel 16. Schlussfolgerung (Lorenzmaier/Petrow).
    Abstract: Das Buch enthält Beiträge von 18 Autoren aus verschiedenen Ländern und analysiert die jüngste Rechtsprechung des EuGH zu den Außenkompetenzen der Europäischen Union. Es befasst sich mit den Auswirkungen der EU-Werte auf ihre Beziehungen zu den östlichen Nachbarländern. Der erste Teil konzentriert sich auf die Entwicklung und die aktuellen Herausforderungen des außenpolitischen Handelns der Europäischen Union, während der zweite Teil die Zusammenarbeit der EU mit ihren östlichen Nachbarn und Eurasien darstellt. Das Buch befasst sich mit den Assoziierungsabkommen mit den Ländern der Östlichen Partnerschaft mit den östlichen Nachbarländern und Eurasien, den erweiterten Partnerschaftsabkommen in den östlichen Nachbarländern und im postsowjetischen Raum sowie den derzeitigen und künftigen vertraglichen Beziehungen zur Eurasischen Wirtschaftsunion und ihren Mitgliedstaaten. This book is a translation of an original German edition. The translation was done with the help of artificial intelligence (machine translation by the service DeepL.com). A subsequent human revision was done primarily in terms of content, so that the book will read stylistically differently from a conventional translation.
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    Cham : Springer Nature Switzerland | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031264054
    Language: English
    Pages: 1 Online-Ressource(XI, 218 p. 7 illus.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Intellectual life—History. ; Political science—Philosophy. ; Philosophy and social sciences. ; Ethics. ; Intellectual life ; Political science
    Abstract: Chapter 1. The Battle between the Gods and the Giants: The Idealists and the Materialists -- Chapter 2. Historical and Conceptual Background: The Achilles of Rationalist Arguments -- Chapter 3. Can Senseless Matter Alone Think? -- Chapter 4. Is Perception or Self-Consciousness Primary? To which First Principle Does Personal Identity Belong? -- Chapter 5. The Role Freedom, Spontaneity, and Genius Assume within Ethical, Epistemic, and Aesthetic Contexts versus the Boundaries of Scientific Determinism -- Chapter 6. Time-Consciousness, Subjective Idealism, and Personal Identity -- Chapter 7. The Philosophical Application of the Concepts of Freedom, Spontaneity, and Genius in Various Contexts -- Chapter 8. On the Distinction between the Is and the Ought, Facts and Values, Science and Ethics -- Chapter 9. Narcissism, Loneliness and the Problem of Evil -- Chapter 10. Déjà Vu and the Problem of Evil: A Case Study of Political Narcissism -- Chapter 11. Is the Existential Condition of Mankind Improving or Deteriorating? -- Chapter 12. Is the Physical Universe and the Evolutionary Ages of Mankind Cyclical or Linear?.
    Abstract: In this book, Ben Lazare Mijuskovic uses both an interdisciplinary and History of Ideas approach to discuss four forms of intertwined theories of human consciousness and reflexive self-consciousness (Plato, Augustine, Descartes, Leibniz, Kant, and Hegel; Schopenhauer’s subconscious irrational Will; Brentano and Husserl’s transcendent intentionality; and Freud’s dynamic ego). Mijuskovic explores these theories within the context of psychological issues, where the discussion is undergirded by the conflict between loneliness and intimacy. He also explores them in the context of ethics, where the dynamic is between the values of good and evil. The book historically traces these issues in both a personal as well as a political framework. Ben Lazare Mijuskovic was associate professor at California State University, Dominguez Hills, USA, prior to retirement. He is also a licensed clinical therapist and has worked for many years with the San Diego and Los Angeles Departments of Mental Health. .
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    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031276200
    Language: English
    Pages: 1 Online-Ressource(IX, 715 p. 2 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Dao Companions to Chinese Philosophy 18
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Political science—Philosophy. ; Philosophy, Modern. ; Religion. ; Ethics. ; Political science
    Abstract: Chapter 1 Introduction -- Section I: Mencius in the Classical Context (Pre-Qin to the Han Period) -- Chapter 2 Unravelling the Connections Between the Mozi and the Mencius -- Chapter 3 Mencius in the Han Dynasty -- Chapter 4 The Mencius in the Context of Recently Excavated Texts -- Chapter 5 Mengzi’s Theory of Human Nature and Its Role in the Confucian Tradition -- Chapter 6 Two Visions of Confucianism: Mencius and Xunzi -- Chapter 7 Mencius, Zhuangzi and “Daoism” -- Section II: Mencius and Neo-Confucianism -- Chapter 8 CHENG Hao and CHENG Yi’s Appropriations of the Mencius -- Chapter 9 ZHU Xi’s Appropriation of Mencius’s Thought: From a Hermeneutic to a Developmental Approach -- Chapter 10 Mencius and WANG Yangming -- Chapter 11 Mencius and WANG Fuzhi -- Chapter 12 Jeong Dasan’s Interpretation of Mencius: Heaven, Way, Human Nature, and the Human Heart -- Section III: Social and Political Thought -- Chapter 13 Mengzi’s View on the Public and the Private -- Chapter 14 Mencius and Early Chinese Political Thought -- Chapter 15 Mencius and the New Confucianism’s Pursuit of Democracy -- Chapter 16 Mencius’s Political Philosophy of Ren Government: Human Dignity and Distributive Justice -- Chapter 17 Mencius and Political Rhetoric -- Chapter 18 Hermeneutics in the Mencius: Methods, Context, Divergence -- Chapter 19 Mencius and Japanese Confucian Philosophy -- Section IV: Ethics and Epistemology -- Chapter 20 Ming 命 and Acceptance -- Chapter 21 MOU Zongsan’s Interpretation of Mencius’s Moral Philosophy -- Chapter 22 Eudaimonism in the Mencius: Fulfilling Human Nature -- Chapter 23 Is Mencius a Consequentialist? Rethinking the Relationship between Yi (Righteousness) and Li (Benefit) in the Mencius -- Chapter 24 Mencius’s Theory as a System of the Gongfu to be Human and to Live a Good Human Life -- Chapter 25 Epistemology in the Mencius -- Section V: Moral Psychology and Moral Development -- Chapter 26 Feeling, Reflection, and Reasoning in the Mencius -- Chapter 27 Mencius on Moral Psychology -- Chapter 28 The Mencian Triplet of Ceyin Zhi Xin: Perceptive, Affective, and Motivational -- Chapter 29 Mencius’s Moral Psychology and Contemporary Cognitive Science -- Section VI: Mencius and Western Philosophers: Comparative Studies -- Chapter 30 Mencius and Augustine: A Feminine Face in the Personal, the Social, and the Political -- Chapter 31 Self-determination and the Metaphysics of Human Nature in Aristotle and Mencius -- Chapter 32 Mencius and Aquinas -- Chapter 33 Mencius and Hume -- Chapter 34 Mencius, Dewey, and “Developmental” Human Nature.
    Abstract: This book is about the philosophical, historical, and interpretative aspects of Mencius. It explores his influence, reception, and relevance in China from the third century BCE to the present, as well as offers comparative studies of Mencius and major figures in the history of Chinese and Western philosophy. With 34 accessible articles written by leading philosophers and scholars, the Dao Companion to the Philosophy of Mencius provides both broad pictures and in-depth discussions regarding the work of one of the most important and influential Chinese philosophers. It covers his normative ethics, meta-ethics, political philosophy, epistemology and moral psychology. The last section of the volume, “Mencius and Western Philosophers: Comparative Perspectives,” explicitly puts him in dialogue with major Western philosophers. The Dao Companion to the Philosophy of Mencius serves as an essential volume for college students, graduate students, and scholars who study and teach Mencius as well as Chinese philosophy and comparative philosophy in general.
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    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031278563
    Language: English
    Pages: 1 Online-Ressource(XVII, 189 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Marx, Engels, and Marxisms
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Political science—Philosophy. ; Political science. ; Marxian school of sociology. ; Marxian economics. ; Political sociology. ; Political science
    Abstract: 1.Introduction -- Part I: Democratic Criticism of Work -- 2. Chapter 1 : The Political Meaning of the Critique of Work -- 3.Chapter 2. Neoliberalism versus Democratic Work -- Part II: Theoretical Models and Political Issues -- 4.Chapter 3. The class struggle : revolutionising institutions to democratise labour -- 5.Chapter 4. Industrial democracy: democratising work to transform institutions -- 6.Chapter 5. Materialist feminism: the democratic stakes of the definition of work-for -- 7.Chapter 6. Political ecology : what kind of work does the critique of productivism lead to ? -- Part III: Work, democratic experiments -- 8.Chapter 7. Self-management: towards a revolution in the process, organisation and division of labour -- 9.Chapter. 8. Workers’ councils and council democracy: towards a democratic transformation of the company, the State, and the municipality -- 10. Conclusion. .
    Abstract: "This book is an exceptionally rich study that will mark a major intervention in the live discussions on the social and political centrality of work. Cukier investigates the many ways in which democratic life depends on the democratic control of the economy, from workplaces to the economy as a whole." –Jean-Philippe Deranty, Professor of Philosophy, Macquarie University, Australia. This book proposes a radical transformation of labour institutions, in order to lay the foundation for the democratization of society rather than capitalist accumulation. Using an empirical analysis of the contemporary world of work, Alexis Cukier examines the democratic meaning of today’s critique of work organization and questions the theoretical models (linked to class struggles and to industrial democracy) to conceive of a "democratic work." Considering particular historical experiments (such as cooperatives, self-management, worker’s councils) that try to realize democracy at work, this book also analyzes the political issue of "democratic work" in relation to issues such as labour law, feminist struggles and political ecology. Ultimately, this book proposes some institutional paths that could overtake the divide between the rights of the citizens and the rights of the workers, arguing finally: if we really want to radicalize democracy, we should begin with democratizing work. Alexis Cukier is Associate Professor of Moral and Political Philosophy and member of the research laboratory Métaphysique Allemande et Philosophie Pratique, University of Poitiers, France. .
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    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031314551
    Language: English
    Pages: 1 Online-Ressource(IX, 118 p. 4 illus., 2 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: Palgrave's Critical Policing Studies
    Parallel Title: Erscheint auch als Phippen, Andy Policing teen sexting
    Parallel Title: Erscheint auch als
    Keywords: Law—Europe. ; Criminal law—International unification. ; Youth—Social life and customs. ; Criminology. ; Crime. ; Technology. ; Juvenile delinquents. ; Victims of crimes. ; Law ; Criminal law ; Youth ; Sexting - Law and legislation ; England ; Wales ; Handy ; Sexualität ; Sexualisierte Gewalt ; Jugendlicher Täter ; Verbrechensopfer ; Kriminalpolitik ; Recht
    Abstract: 1. Introduction -- 2. Teen Sexting – A Modern, Cultural Phenomenon? Or not so new? -- 3 .Legal Challenges -- 4. Understanding the Police Response: Putting Sticking Plasters Over Legislation -- 5. The Challenges of Diversionary Intervention -- 6. A Progressive Future?
    Abstract: “The digital transmission of words and images is immediate and unbounded. This creates new freedoms but also new risks. In this important review of ‘where we are’, Phippen and Bond set out principles for harm reduction, weigh the balance of rights and law, and remind us that they shouldn’t have had to write this book! This is a major contribution to work on safeguarding, sexting and victimization.” -Nigel South, Emeritus Professor of Sociology, University of Essex, UK This book explores the policing response to teen sexting – the digital exchange, both consensual and non-consensual, of intimate images among youth peers. With a particular focus in England and Wales, it also considers other international responses and the challenges faced in policing youth practices with legislation being applied beyond its intended scope. It uses the police responses in England and Wales as a case study of the challenges of policy evolving the digital cultural phenomenon and the tensions between enforcing the law, while knowing it’s not fit for purpose, and supporting vulnerable minors. It explores the policy responses that have developed from the problematic legislation and whether these policy interventions have helped or hindered the policing process. It draws in parallels with drugs policy and policing, and brings in progressive, harm reduction approaches in contrast to traditional solutions. Andy Phippen is Professor of Digital Rights at Bournemouth University, UK. Emma Bond is Pro-vice Chancellor (Research) and Professor of Sociotechnical Studies at the University of Suffolk, UK.
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  • 79
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    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031453991
    Language: English
    Pages: 1 Online-Ressource(VIII, 292 p.)
    Edition: 1st ed. 2023.
    Series Statement: Legal Studies in International, European and Comparative Criminal Law 9
    Parallel Title: Erscheint auch als The challenges of illegal trafficking in the Mediterranean Area
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law ; Criminal law ; Criminal law. ; Organized crime. ; Transnational crime. ; Aufsatzsammlung ; Mittelmeerraum ; Schmuggel ; Tabak ; Droge ; Kulturgut ; Menschenhandel ; Organhandel ; Organisiertes Verbrechen ; Gesetz
    Abstract: Introduction 1 The illicit trades of people and goods in the Mediterranean and the transnational criminal organizations -- Section I – Jurisdictional issues -- 2 Territorialising the extraterritorial: the role of “suppression” conventions -- 3 Adjudicative Jurisdiction for crimes at sea: an international law perspective -- 4 Coercive powers and jurisdiction on the high seas to combat human smuggling -- Section II – Migrant smuggling -- 5 Anti-smuggling penal policies: a cross-national exploration -- 6 Facilitation of irregular immigration vs. organised smuggling of migrants: is this dichotomy relevant to the interpretation of Italian criminal law? -- 7 Challenging the hostile environment for search and rescue at sea: reflections from the Sea Watch litigation -- Section III – Human trafficking and labour market -- 8 The Problems of trafficking in human beings in Spain. Criminal regulations and Jurisprudential treatment -- 9 Organised crime, illicit manpower brokerage and recent Italian legislation -- 10 International and domestic perspectives to combat gangmaster systems -- Section IV – Traffickings of goods and human organs -- 11 Soft drugs and organized crime: a problematic relationship -- 12 Trafficking in cultural property. An evolving international legal framework -- 13 The criminal policy on trafficking in cultural goods14 Trafficking in human organs – a Portuguese perspective.
    Abstract: The book deals with illicit trafficking in the Mediterranean, seen as a borderline issue between mobility and security under a strongly interdisciplinary approach. The opening part is dedicated to issues that transversally concern illegal trafficking: criminological, criminal law, criminal procedure, but also international law issues. This part presents a kind of general theory of illegal trafficking, showing its recurring aspects and identifying the legal and criminal-political issues that would be best addressed by a unified approach to the matter. The other parts are devoted to presenting, instead, a special part overview of illegal trafficking. The second and the third section are devoted, in particular, to illegal traffics having human beings as their objects. More specifically, the second part examines smuggling of migrants, which has a central - criminological and criminal-political - relevance among the illegal traffics taking place in the Mediterranean. The third part deals with the neighbouring theme of human trafficking, especially in its connection with the problem of labour exploitation. Finally, the fourth part focuses on some trafficking in goods, offering a selected and representative overview of some of the most significant forms that such trafficking can take: tobacco trafficking, drug trafficking and trafficking in cultural goods.
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  • 80
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    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031462467
    Language: English
    Pages: 1 Online-Ressource(VIII, 189 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Palgrave Socio-Legal Studies
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law and the social sciences. ; Domestic relations. ; Family policy. ; Human rights. ; Law ; Law ; Interpretation, Literary.
    Abstract: 1. Introduction -- 2. From the Romans to the heroic monstrous: Folkloric demons, tricksters, and changelings -- 3. Legislative reform, social justice, heroic ‘orphans’ and the rise of human rights -- 4. Fairy tales, Secrecy, shame, and stigma -- 5. Conclusion. Legal Fictions, Dystopian Truths .
    Abstract: This book critically analyses the way in which traditional sociocultural and legal biases might be perpetuated against those with unknown – or unknowable – genetic ancestries. It looks to law and works of literature across differing eras and genres focussing upon such concepts as inherited stigma, illegitimacy, orphanisation, adoption, othering, reunion, and the ‘right’ to access truths that relate to one’s original identity. Law’s role in such matters is often limited (or usurped) by custom, practice, or lingering superstitious beliefs; the importance of oral and written testimony is therefore highlighted. Characters include abandoned or orphaned figures from folk and fairy tales, Romantic and Victorian monsters and heroes, Dickensian waifs, Edwardian rescue orphans, and dystopia-set ‘rebels.‘ Their insights and experiences are mirrored in various present day scenarios that speak to familial human rights abuses, not least forced adoptions and bars on accessing original information. This cross-disciplinary book drawing on Law, Literature, Sociology, Critical Adoption Studies should be of interest to those interested in and those who have been affected in some way by adoption, origin deprivation, or reunion. Alice Diver is Lecturer in Family Law at The School of Law, Queen’s University, Belfast, Northern Ireland. .
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  • 81
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    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031466670
    Language: English
    Pages: 1 Online-Ressource(IX, 192 p.)
    Edition: 1st ed. 2023.
    Series Statement: Studies in the History of Law and Justice 29
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law ; Law ; Human rights.
    Abstract: From the present to the past of human rights: From human rights to natural rights -- Looking backwards on the notion of human dignity: From the Spanish 1978 Constitution to the discovery of America -- Looking forwards to the future of dignity and human rights: New generation rights.
    Abstract: The book describes in a retrospective way how dignity and human rights evolved. In doing so, the book is divided in three parts: human rights from present to early modern age, human dignity from present to Early modern age and dignity and human rights from present to future. The book has been written in a way that might me appealing to graduate students, postgraduate students, researchers and even laymen who are interested in the making of dignity and human rights in the Western.
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  • 82
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    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031453472
    Language: English
    Pages: 1 Online-Ressource(X, 136 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Palgrave Studies in Classical Liberalism
    Parallel Title: Erscheint auch als
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    Keywords: Political science. ; Law ; Law ; Political science
    Abstract: Chapter 1: Reintroducing Ronald Dworkin’s Life and Philosophy -- Chapter 2: Dworkin on Constitutional Democracy -- Chapter 3: Assessing the Legacy of Racism and Identity Politics -- Chapter 4: Birth, Love, Life and Their Value- Chapter 5: Dworkin on Distributional Equality -- Chapter 6: Reading Dworkin Against Post-Liberalism.
    Abstract: This book covers how liberal institutions – constitutional democracy, economic markets, liberal courts, free trade, international human rights – around the world are under assault by the political right and we are witnessing the emergence of post-liberal institutions. These post-liberal institutions are founded on the core conviction that the actions of liberal institutions including the courts and justice system are patently unjust. Liberalism is said to be too nihilistic, too individualistic, too liberal on lifestyles, not committed enough to basic freedoms like free speech, too egalitarian, too cosmopolitan, too elitist to meet society’s needs and advance the common good. This volume makes the case against post-liberal courts and justice by reconnecting to the liberal principles of moral equality and dignified freedom for all. It provides an accessible reintroduction to the work of Ronald Dworkin. Dworkin was one of the most important liberal legal and political thinkers of the past century. The intention of the authors is to show how there is great untapped potential in the work of Ronald Dworkin’s work to guide the thinking of progressive liberals through the great issues of the day and respond to the contemporary criticisms of the political right. The core themes are concretely illustrated by focusing on some of the most controversial issues before the Supreme Court, ranging from election funding to abortion, race-sensitive affirmative action, and barriers to equality of opportunity. Lesley A. Jacobs is Professor & Vice-President of Research & Innovation at Ontario Tech University and Professor at York University, Canada. Matthew McManus is Lecturer in Political Science, University of Michigan, USA.
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  • 83
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    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031454851
    Language: English
    Pages: 1 Online-Ressource(XIII, 255 p.)
    Edition: 1st ed. 2023.
    Series Statement: Law and Philosophy Library 144
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law ; Law
    Abstract: 1. About Aristotle’s Supposed Methodological Essentialism and Absolute Monarchism -- 2. Aristotle’s Language for Success in (Practical) Explanations -- 3. The Political Nature of Logos in Aristotle -- 4. Aiming for True Life as an Act of Choice -- 5. Aristotle’s Contribution to the Judiciary Construction of Science -- 6. Aristotle’s Anthropological Conception of Justice in the Contemporary Context -- 7. Aristotle on Arbitration, Forgiveness and Rational Dialogue -- 8. Rhetorical Truth: Aristotle (and Gorgias) on Deliberation and Agonism -- 9. Aristotle’s Model of Rhetoric and Contemporary Patterns of Argumentation: on some Aristotelian Challenges -- 10. Practical Reason, Technical Perception and the Judge -- 11. Aristotelian Eudaimonism as Common Ground for Dialogue on the Good Life -- 12. Aristotle’s Conception of Truth, Perception of Particulars and Problem of Conceptualization.
    Abstract: In this thought-provoking book, you’ll find timeless questions explored through a fresh lens. First delving into the profound significance of Socrates’ dialogical method and the inescapable nature of conflict, it ponders the rational capacities of humanity in terms of establishing harmonious communities. But this isn’t merely a philosophical debate; it’s a pragmatic exploration of real-world challenges. No longer limiting itself to abstract theories, the book then seeks to navigate the practical terrain of science and politics. Drawing inspiration from Aristotle, renowned for his investigations into the intricate connections between theory, technology, ethics, and politics, it tackles the essential question: How can we reconcile divergent views? At the book’s core lies Aristotle’s revolutionary concept of dialogue, which portrays truth as a delicate equilibrium between opposing forces, transcending the rigid boundaries of true and false. Join this captivating journey as the author reveals the hidden paths to meaningful coexistence in a world filled with conflicting perspectives.
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  • 84
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    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031227431
    Language: English
    Pages: 1 Online-Ressource(XVI, 291 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Philosophy and Politics - Critical Explorations 24
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Political science—Philosophy. ; Social sciences—Philosophy. ; Law—Philosophy. ; Political science. ; Political science. ; Social sciences ; Law
    Abstract: Introduction -- Political Legitimacy Under Epistemic Constraints -- An Epistemic Reading of the Ideal of Co-Authorship -- Justification Under Nonideal Circumstances: Reflective Agreement and Relational Liberalism -- The Ideal of Public Justification Revisited -- Compromises for a Pluralistic World -- A Case Study: Extending Marriage Rights to Same-Sex Couples -- Conclusion.
    Abstract: This book investigates the unresolved issue of democratic legitimacy in contexts of pervasive disagreement and contributes to this debate by defending a relational version of political liberalism that rests on the ideal of co-authorship. According to this proposal, democratic legitimacy depends upon establishing appropriate interactions among citizens who ought to ascribe to one another the status of putative practical and epistemic authorities. To support this relational reading of political liberalism, the book proposes a revised account of the civic virtue of reasonableness along with an investigation of the epistemic-specific dimension of political equality. By engaging with political epistemology and social theory, this book explores ways to address inherent tensions within the liberal paradigm, using the following strategies of addressing these tensions: first, it defends a twofold model of legitimacy that distinguishes the goals, methodologies, and justificatory tasks of both ideal and nonideal phases of the two-level justificatory framework; second, it contends that democratic legitimacy requires an engaged and contextual critical appraisal of the injustices that characterize our daily social lives, illustrating how structural forms of injustice represent a profound betrayal of the liberal ideal of democratic legitimacy.
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  • 85
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    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031233289
    Language: English
    Pages: 1 Online-Ressource(XXIII, 175 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: The future of Europe
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    RVK:
    Keywords: European Union ; Europe—Politics and government ; Europe—Economic conditions ; Comparative government ; Environmental policy ; Political science ; Europe ; Climate change mitigation ; Climate change mitigation ; Europäische Union ; Klimaänderung
    Abstract: Part I. Member States -- Chapter 1. Austria: Weathering the Storm and Greening the Economy? -- Chapter 2. Belgium’s Climate Policy: High Expectations, Low Performance -- Chapter 3. Between Fighting for Climate Change and Fighting for Coal: The Bulgarian Case -- Chapter 4. Croatia - Needs Versus Capacity: Mind the Gap! -- Chapter 5. Cyprus: Global Energy Crisis is an Opportunity to Tackle Climate Change -- Chapter 6. Czechia: Saving the Climate or the Czech Industry? -- Chapter 7. Denmark: Climate as a Given -- Chapter 8. Has Estonia Already Lost the Path to Achieving Its Climate Goals? -- Chapter 9. Finland’s Fight Against Climate Change: Ambitious Yet Pragmatic Approach -- Chapter 10. France: Not Living Up to Its Ambition -- Chapter 11. The Fight Against Climate Change in Germany – From Energiewende to Zeitenwende? -- Chapter 12. Greece’s New Energy and Climate Strategy. A Story of Hope? -- Chapter 13. Hard Pressed by External Actors: Sustainability Transition in Hungary -- Chapter 14. ‘Now, We Need Action’ – Ireland’s Fight Against Climate Change -- Chapter 15. Vulnerable and Unprepared: Assessing Italy’s Path to Fight Climate Change -- Chapter 16. Nature Friendly Latvia Against Its Unnatural Climate Change Problem -- Chapter 17. Climate Change Policies in Lithuania: as Usual, Words Speak Louder Than Actions -- Chapter 18. No Decarbonisation Without Taxation in Luxembourg -- Chapter 19. Malta and Climate Change – Balancing Opportunities with Limitations -- Chapter 20. Concerned but Not Fully Dedicated – the Polish Perspective on Climate Change -- Chapter 21. Portugal Facing Climate Change: Deep Problems, Sluggish Responses, but Hopeful Prospects -- Chapter 22. Romania’s Fight Against Climate Change. Contributing to Ambitious European Targets While Facing Deep-rooted Sectoral Flaws -- Chapter 23. Climate Change: A Second-class Agenda in Slovakia? -- Chapter 24. Slovenia: Big on Plans, Small on Deeds? -- Chapter 25. Solving the Spanish Climate Conundrum While Contributing to the Eu’s Decarbonisation Compass -- Chapter 26. Sweden: Much Progress – but More is Needed! -- Chapter 27. Ambitious Dreams Versus Harsh Reality – Can the Netherlands Really Become a Frontrunner in Climate Action? -- Part II. EU Neighbours -- Chapter 28. Albania’s Challenges and Risks on Climate Neutrality! -- Chapter 29. Mission (Im)possible – How to Fight Against Climate Change in a Country Enduring Permanent Crises: The Case of Bosnia and Herzegovina -- Chapter 30. Georgia: It is Time to Address the Devastating Effects of Climate Change -- Chapter 31. Icelandic Climate Politics: Ways Forward to a Green and Socially Inclusive Welfare State? -- Chapter 32. Liechtenstein: Small State, Little Responsibility? -- Chapter 33. Climate Change - a Powerful Engine for Economic Transformation in Montenegro -- Chapter 34. North Macedonia: Pause on the ‘green Agenda’ During Crisis -- Chapter 35. Norway’s Climate Policy – Don’t Think of the Elephant! -- Chapter 36. Switzerland’s Climate Policy: Caught Between Eu-compatible Goals and Referendum Constraints -- Chapter 37. Türkiye: a Climate Financing Opportunist? -- Chapter 38. United Kingdom: Brexit, Climate Change and the Conservative Party -- Chapter 39. Ukraine: Revisit Climate Goals After the War to Increase Ambition.
    Abstract: While the ambitious objectives outlined in the EU’s Green Deal aim at making Europe the first climate-neutral continent by 2050, national implementation greatly varies depending on local geographies, history, culture, economics, and politics. This book analyses Member States’ and EU neighbours’ national efforts to combat climate change. It subsequently draws on these factors to highlight local challenges, tensions, and opportunities on the road towards climate neutrality. In the context of inter-country dependencies following Russia’s war against Ukraine, it addresses strategic questions regarding EU integration, the transformation of our economies, the reduction of energy dependencies, and public perception of the above. The book also makes concrete recommendations, in various policy areas, on how individual countries and the EU as a whole should deal with the climate crisis. The Editors Dr. Michael Kaeding holds a Jean Monnet Chair for European Integration and European Union Politics at the Institute of Political Science, University of Duisburg-Essen, Germany. He is a visiting fellow of the European Institute of Public Administration in Maastricht and member of the flying faculties of the College of Europe, Bruges, and the Turkish-German University in Istanbul. From 2016 to 2019 he was the chairman of the Trans European Policy Studies Association. Dr. Johannes Pollak is a Professor of International Relations and rector of Webster Vienna Private University, Austria. Prior to this position, he headed the Department of Political Science at the Institute for Advanced Studies in Vienna. In summer 2019, he was elected Chairperson of the Board of the Institute of European Politics in Berlin. Paul Schmidt is the Secretary General of the Austrian Society for European Politics, which promotes and supports the analysis of and communication on European affairs. Prior to that he has worked at the Oesterreichische Nationalbank, both in Vienna and at its office in Brussels at the Permanent Representation of Austria to the European Union.
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  • 86
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    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031433047
    Language: English
    Pages: 1 Online-Ressource(V, 104 p.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
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    Keywords: Philosophy. ; Political science ; Economics.
    Abstract: Modern Monetary Theory and Distributive Justice shows how the macroeconomic framework called modern money theory (MMT) is relevant to the field of political philosophy called distributive justice. Many of the macroeconomic assumptions of distributive justice are unstated and unexamined. The framework of MMT illuminates these assumptions and provides an alternative vision of distributive justice analysis and prescriptions. In particular, MMT holds that modern money is a nominal state issued token (fiat), there is a distinction between nominal assets and real assets, that state money as a nominal token can cause changes in real terms, and that the macroeconomy has historically not operated at capacity. The upshot of these assumptions held by MMT is that state spending can bring about changes in persons’ well-being without traditional redistributive measures via taxation. This is in contradistinction to standard assumptions in the distributive justice literature, which holds that the macroeconomy is at capacity and, thus, redistribution is the necessary mechanism for enacting improvements in well-being. This is a fundamental shift in how distributive justice can be conceived.
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  • 87
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    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031225918
    Language: English
    Pages: 1 Online-Ressource(XXI, 293 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Marx, Engels, and Marxisms
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
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    Keywords: Political science—Philosophy. ; Political science. ; Marxian school of sociology. ; Political sociology. ; Political science
    Abstract: Chapter 1. Introduction to the English Edition- Part 1: Dialectics and History -- Chapter 2. Dialectics as a Methodological Principle -- Chapter 3. History as the Object of Totality -- Part 2: The History and Logic of Marx’s Concept of the Individual -- Chapter 4. The Concept of the Individual in the Context of the Young Hegelian School -- Chapter 5. The Concept of the Individual in Marx’s Theory of Estrangement -- Chapter 6. The Concept of the Individual From the Perspective of History -- Chapter 7. The Concept of the Individual and Marx’s Philosophy. -- Part 3: The Normative Significance of Marx’s Concept of the Individual -- Chapter 8. Theoretical Criticism and the Concept of the Individual -- Chapter 9. A Critical-Based Theory of Individual Emancipation -- Chapter 10. Moral Criticism and the Good -- Part 4: Situating the Marx’s Concept of the Individual in the Present -- Chapter 11. Chinese Socialist Practice and the Revival of Marx’s Concept of the Individual -- Chapter 12. Studies on Marx’s Concept of the Individual and China’s Modernisation.
    Abstract: This book reconstructs the concept of the individual in Marx as the key to a fresh interpretation of Marxian philosophy. Marx moved from an examination of the contingency and indeterminacy of individual consciousness in his early years to a critique of the atomistic individual and materialised social relations in his later years. His thought proposes that ‘real individuals’ are the basis for an understanding of human society that promotes the emancipation of humankind. Marx’s philosophy has often been misunderstood as lacking a concept of the individual. In China this misunderstanding not only relates to cultural and linguistic particularities (the word ‘individual’ is seldom used in Chinese), but also relates to a misleading view of socialism and communism. This book helps remedy this misunderstanding and draws important comparisons and contrasts between Marx’s concept of the individual with that of liberalism, and between Western and Eastern Marxism. Zhi Li works at School of Philosophy, Wuhan University, China, and was previously Visiting Scholar at KU Leuven, Belgium, and University of Bristol, UK. His previous publications include: The Concept of the Individual in the Thought of Karl Marx (2014), and The Ethical Critique: Karl Marx and Present World (2022).
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  • 88
    ISBN: 9783031415272
    Language: English
    Pages: 1 Online-Ressource(X, 342 p.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
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    Keywords: Environmental law, International. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Law ; Constitutional law. ; Human rights. ; Climatology.
    Abstract: NY State Courts -- How the U.S. courts have interpreted the relevance of the U.S. Constitution to environmental law -- The ECHR’s doctrine of legal standing in the era of modern environmental human rights -- Courts, the Environment, and the Irish Constitution -- The legal dimension of the environment in the European legal history -- The role of ECJ -- Administrative Courts and the Environment -- Judicial protection and the climate in the EU legal order in the context of Aarhus Convention -- Biodiversity Law before the Courts -- Climate change : what to ask to Courts” [cover the French administrative law cases "Affaire du Siècle" and "Grande Synthe" with very different approach (damage compensation vs action from State)] -- How German judges decide environmental cases -- Environmental law in the U.S. legal system -- EPA and the evolution of environmental administrative law -- The contribution of the courts to the interpretation of the WTO Government Procurement Agreement – a European Perspective -- The concept of the public interest in environmental law -- The courts as change agents in the evolution of environmental law -- Arbitrating climate change before Investor – State dispute settlement tribunal -- Climate litigation in the Italian legal order -- The Relationship between Criminal Courts and regulatory authorities in the Italian environmental law.
    Abstract: This book sheds light on the latest trends in environmental law by analyzing some of the main sectors of law, including administrative law, constitutional law, EU law, US Law, and human rights law. It explores the evolution of these sectors before courts and tribunals from a US-EU perspective and from the perspectives of some of the foremost academics and justices from the major jurisdictions. Supranational and national courts, both in Europe and in the US, have delivered significant environmental judgements in recent years. The corresponding case law reflects how, in many jurisdictions, environmental and climate litigation continues to expand exponentially as a tool to strengthen environmental protection, whether by pushing national governments to be more ambitious or by enforcing existing statutes and regulations. Courts, particularly after the Paris Agreement, are increasingly seeking their own role as an important player in multilevel environmental governance. Courts in both the US and EU are at the forefront of this process and their role in shaping environmental rule of law will be fundamental in the near future.
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  • 89
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    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031292439
    Language: English
    Pages: 1 Online-Ressource(IX, 270 p. 5 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Political Philosophy and Public Purpose
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
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    Keywords: Political science—Philosophy. ; Intellectual life—History. ; Political science. ; Critical theory. ; World politics. ; Political science ; Intellectual life
    Abstract: Chapter 1: Introduction -- Part I: Rereading Rousseau, Reclaiming History -- Chapter 2: From fashioned to Fashioner: Rousseau and the Reclaiming of History -- Part II: ‘Marxism and Critical Theory’ -- Chapter 3: The Most Absolute Authority’: Rousseau and the Tensions of Mass Sovereignty -- Chapter 4: Althusser, Rousseau and the Politics of the Encounter -- Chapter 5: The ambivalence of human sociality: Rousseau and recognition -- Part III: ‘Transgression and Resistance’ -- Chapter 6: Olympe de Gouges: Gendering Rousseau -- Chapter 7: Toward a Queer and Feminist Ecology in The Reveries of the Solitary Walker -- Part IV: Sovereignty and Economic Democracy -- Chapter 8: Sovereignty as Responsibility: Rousseau and the Dialectic of Practical Reason -- Chapter 9: Economic Democracy and Rousseau’s Political Thought -- Part V: ‘Rousseau and Intellectual History’ -- Chapter 10: Rousseau in Thai Constitutionalism -- Chapter 11: Rousseau in Meiji Japan: the impact of French Republicanism and Nakae Chômin -- Conclusion co-authored by Denis C. Bosseau, Neal Harris, and Ployjai Pintobtang (NB Owen Brown is no longer co-authoring this chapter).
    Abstract: “This highly innovative and wide-ranging collection 'reloads' Rousseau as a resource for current social and political theory, covering both well-known topics and less familiar ones.” —William Outhwaite, Professor Emeritus of Sociology, University of Newcastle, UK “This scintillating volume on Rousseau—with its internationally divergent and original chapters—confronts the realities of the neo-liberal counterrevolution and the ways in which its understanding of ‘freedom’ constitute a danger for a good life of all and the survival of the planet.” —Heinz Sünker, Rudolf Carnap Senior Professor, Bergische Universität Wuppertal, Germany “We are living through a crisis of democracy, during which it is necessary not to go back to Rousseau but to go forward to Rousseau and to explore the ways in which his thought can illuminate our contemporary dilemmas. The interdisciplinary focus and breadth of this stimulating collection will be of great help in this endeavour.” —Andy Kilmister, Senior Lecturer of Economics, Oxford Brookes University, UK This book demonstrates that Rousseau offers a distinctive critical voice which is worthy of listening to. Rousseau is shown to target not merely social ‘injustices’, but the very dynamics central to the ‘form of life’ itself. As such we are able to contemplate, and engage in, a more foundational form of social critique. We contend that by returning to Rousseau, both as a theorist in his own right, and as an interlocutor with the contemporary literature within radical political and social philosophy, we can see both the circumscribed nature of contemporary discussion, and the true importance of Rousseau’s thought. In summary, Rousseau remains a figure of vital importance across disciplines and it is high time for an edited volume which connects insights centring his thought and impact today. Denis Bosseau is a doctoral candidate at the University of Sussex, Brighton, UK. Owen Brown is an independent scholar based in Oxford, UK. Neal Harris is a Senior Lecturer in Sociology at Oxford Brookes University, UK. Ployjai Pintobtang is a Lecturer in the department of Government, University of Chiang Mai, Thailand.
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  • 90
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    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031409813
    Language: English
    Pages: 1 Online-Ressource(XVII, 449 p. 3 illus.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Political science ; Philosophy. ; Idealism, German.
    Abstract: Part 1: Introduction -- 1 Reading Strategies For Hegel, Marx & Laozi -- 2. Marx and Laozi: Scientific and Aesthetic Comportments to Predicaments of Social Life -- Part 2 Hegel’s Idealism -- 3 Hegel’s Idealist Conception of Philosophy -- Part 3. Hegel’s Confrontation with Laozi: An Anti-Conceptualist Defence of Laozi Against Hegel -- 4 Hegel’s Interpretation of Laozi -- 5 An Anti-Conceptualist Defence of Laozi Against Hegel -- Part 4: Wuwei and Praxis: Aesthetic Mimetic and Scientific Discursive Employment of Concepts -- 6. Wuzhi and Wuwei: The Aesthetic Mimetic Employment of concept -- 7. Praxis: Scientific Discursive Employment of Concepts -- Part 5: Dialectics of Materialism and Wu -- 8. Social Ontology of Materialism and Idealism -- 9. Materialist Dialectics in Capital and Wu -- Part 6. Marx and Laozi: Ethics -- 10. Marx and Laozi’s Ethical Naturalism -- 11. Marx and Laozi’s Moral Skepticism -- 12. The Means/Ends Dichotomy -- Part 7. Conclusion -- 13. Conclusion. .
    Abstract: In this work the theories of Marx and Laozi are dialectically combined. The resulting synthesis is a positive materialist negation of Hegel’s idealist dialectics. Syntheses are presented for Marx and Laozi in ontology, metaphysics, epistemology, scientific method, ethics and politics: the full spectrum of their foundational principles. The book is an attempt to reconstruct a materialist interpretation of Laozi, which can be put to work for Marxist theory. James Chambers is a Lecturer in the Department of Philosophy at Hebei University, PRC.
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  • 91
    ISBN: 9783031414756
    Language: English
    Pages: 1 Online-Ressource(XXVIII, 237 p.)
    Edition: 1st ed. 2023.
    Series Statement: Springer Studies in Law & Geoeconomics 1
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International law. ; Trade regulation. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law). ; Law ; International economic relations.
    Abstract: Balancing Risks: Investment Screening Mechanisms, Essential Security Definitions, and Standards of Evidence -- The Evolving Landscape of Sovereign Wealth Funds in a Changing World Economy: How Resilient are the Santiago Principles? -- Much Ado about Nothing?: State-Owned Enterprises under Foreign Investment Control in the European Union -- Protection or Protectionism? Assessing the EU’s New Investment Screening Measures Against State-Driven Foreign Investment Risks -- The Concept of Security: Brief Genealogy of an Ambiguous Symbol -- Screening FDI In The EU: A Cornerstone of an Economic Security Agenda -- The National Securitization of Foreign Direct Investment: A Strategic Futures Paradigm -- Economic Perspectives on FDI and Investment Screening -- From Principal Openness Towards Reciprocity: Reorienting the Normative Foundation of the EU Investment Screening Practice in Light of Geoeconomic Competition -- Inward FDI Regulation in the UK: Closing the “Open Door”? -- The EU Foreign Subsidies Regulation: The Final Piece of the Regulatory Puzzle to Ensure Competitive Neutrality in Cross-Border M&A? -- Fair Play? The Politics of Evaluating Foreign Subsidies in the European Union.
    Abstract: This highly topical volume presents pioneering research for the purpose of developing a common analytical foundation and framework for the emerging interdisciplinary research field of investment control. Long considered as exceptional measures, restrictions on inward foreign direct investments (FDI) have become ever more common and accepted. This book presents different perspectives on how decision-makers go about the tasks of assessing risks and threats to national security that may be posed by FDI and then balancing those risks and threats against economic interests of parties concerned and society at large.
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  • 92
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031451171
    Language: English
    Pages: 1 Online-Ressource(XXI, 278 p.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Law ; Commercial law. ; Information technology ; Mass media
    Abstract: Chapter 1. Enactment, Scope of Application, and Enforcement of the Cartel Act -- Chapter 2. Agreements -- Chapter 3. Horizontal Agreements -- Chapter 4. Distribution Agreements and Vertical Restraints -- Chapter 5. Abusive Conduct by Dominant Undertakings and Undertakings with Relative Market Power -- Chapter 6. Merger Control -- Chapter 7. Sanctions, Leniency and Amicable Settlements.
    Abstract: This is the first comprehensive English-language overview of competition law enforcement in Switzerland since the introduction of direct sanctions in 2004. It discusses the key issues facing practitioners: horizontal and vertical agreements (with a particular emphasis on distribution agreements), abuse of dominance, and the newly introduced provisions on relative market power and merger control. It also provides an overview of the key procedural provisions, leniency and amicable settlements, and fines. The book subsequently analyses the main differences between Swiss and EU competition law and explains why, to what extent, and how companies should conduct a separate analysis under Swiss law. It offers a comprehensive overview and accessible analysis, based on in-depth research of case law, for practitioners and in-house counsels who need to ensure compliance with competition law on a Swiss, European or international basis. It is also a valuable guide for all practitioners, academics and students interested in understanding Swiss competition law. Enforcement of competition law in Switzerland has intensified and is becoming increasingly important for global companies selling in Switzerland. Moreover, the fines have increased over the last twenty years, and many foreign companies have had to pay substantial fines in recent years. Lastly, the Swiss Federal Supreme Court has now extended the extraterritorial application of Swiss competition law to foreign companies where sales to Switzerland are possible.
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  • 93
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031441844
    Language: English
    Pages: 1 Online-Ressource(XIV, 105 p. 10 illus., 8 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: Law and Visual Jurisprudence 11
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law ; Law ; Semiotics.
    Abstract: Introduction -- What Is Intersemiotic Legal Translation? -- Intersemiotic Legal Translation: Four Dimensions -- Intersemiotic Legal Translation as Target Representamen: Three Types of Intersemiotic Translation in the Legal Field -- Intersemiotic Legal Translation as a Process -- Intersemiotic Digital Legal Translation -- Conclusions.
    Abstract: The translation of legal documents in today’s globally interconnected world calls for novel approaches to overcoming traditional language barriers. The verbal language used in legal documents can be accompanied or even replaced by various types of semiotic resource, such as symbols, diagrams, and icons, while the advancement of digital tools and the introduction of new technologies offer those drafting contracts and other legal documents access to an ever-expanding toolbox for the translation process. This book makes a significant contribution to the existing literature on legal translation and intersemiotic translation by sharing valuable insights and opening up new avenues of inquiry, fostering further exploration of this evolving domain and enabling practitioners to use these diverse communication tools responsibly and effectively. Given the book’s structured multidisciplinary approach and extensive analyses of the characteristics of intersemiotic legal translation, its potential, and the complexities that arise at the intersection of law, language, and semiotics, it will appeal to legal practitioners, translators, semiotic scholars, and legal philosophers alike. Whether you are a legal professional aiming to expand your expertise, an academic seeking a new research direction, or are simply intrigued by the fascinating interplay of law, language, and semiotics, this book offers a valuable resource that sheds light on the unique dynamics of translating legal concepts using approaches other than traditional verbal communication. As such, it is an essential read for anyone who is interested in the changing landscape of law, language, and translation.
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  • 94
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031070020
    Language: English
    Pages: 1 Online-Ressource(9 illus., 4 illus. in color. eReference.)
    Edition: 1st ed. 2023.
    Series Statement: Handbooks in Philosophy
    Parallel Title: Erscheint auch als
    Keywords: Philosophy of nature. ; Environment. ; Political science ; Social sciences. ; Humanities. ; Environmental economics.
    Abstract: General Introduction -- Climate Change, Science and Philosophy -- Climate Change, Social Sciences and Philosophy -- Climate Change, Humanities and Philosophy -- Climate Change and Ethics -- Climate Change and Political Philosophy -- Climate Change and the Anthropocene -- General Conclusion.
    Abstract: This Handbook offers a broad yet unified treatment of many philosophical issues connected with climate change, ranging from foundational puzzles to detailed applications. It extends to many branches of philosophy that are relevant to the understanding of the premises and implications of the impacts of climate change on human and nonhuman life on Earth. More specifically, the handbook examines the scientific accounts of climate change as well as its causes. It explores the tools offered by social sciences and humanities to study the societal premises and impacts of climate change as well as delving deeper into the ethical and political issues connected with and resulting from climate change. By doing so, it puts it all in an ecological and historical context. In addition, the book offers solutions to some important philosophical puzzles and problems, and indicates paths of interaction between philosophy and other disciplines. The discussion about climate change and the mitigation/adaptation policies spans many areas and levels – from abstract science and philosophy to current on-the-ground politics. However, climate change is also a great a philosophical puzzle. Indeed, its existential and practical relevance can be thought to largely derive from the philosophical complications it engenders. Climate change is applied philosophy par excellence. Preventing dangerous anthropogenic climate change needs very good philosophy applied to concrete and specific practical issues. Climate change is an area where scholars from very different provenances should cooperate on equal terms, having in view a common, and really important, purpose – contribute to preventing great burdens and even the extinction of humankind and the destruction of hospitable and valuable non-human nature.
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  • 95
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031328220
    Language: English
    Pages: 1 Online-Ressource(XV, 636 p. 9 illus., 6 illus. in color.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law—Europe. ; Europe—Politics and government. ; Social legislation. ; Civil rights. ; European communities. ; Political planning. ; Europe ; Law
    Abstract: Chapter 1: Basic and fundamental principles in European social law -- Chapter 2: Enforcement in social law -- Chapter 3: The future in the light of the past -- Chapter 4: The impact of regionalisation.
    Abstract: This is the conference book for the XIV European Regional Congress of the International Society for Labour and Social Security Law, dedicated to the interactions between social law and other areas of law. In recent years, labour law and social security law have been subject to various reforms and developments. Social law is however not an isolated domain but rather interacts with other fields, often even functioning as a guide or giving direction to those lost at sea. In other words: serving as a lighthouse. The key aspect addressed in this book is the existence of a connection between social law sensu stricto (labour law and social security law) and other areas of law. Pursuing an inter- and multidisciplinary approach, it gathers contributions on topical and challenging issues in four broad areas: 1. Basic and fundamental principles of European social law 2. The future in the light of the past 3. The impact of regionalisation 4. Enforcement in social law In turn, various developments can be identified in connection with these topics: the emergence of social criminal law is creating new overlaps between social and criminal law; the growing number of administrative law sanctions offers new insights into and connections between social security law and administrative law; the increasing similarity of employment in the public and private sectors raises questions about the applicability of administrative law in labour law relations; the relation between the ECHR and the articles of the Constitution opens up new perspectives on the constitutional interpretation of freedoms and on the interaction between human rights, constitutional law and social law; and lastly, there is a growing influence of EU law and international treaty law (concerning trade) on social law. Can we, by looking at these developments, draw certain conclusions at a different and innovative level? The contributions were selected by an international working group of distinguished scholars from across Europe.
    URL: Cover
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  • 96
    ISBN: 9783031134135
    Language: English
    Pages: 1 Online-Ressource(XII, 326 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Legal Studies in International, European and Comparative Criminal Law 6
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law—Philosophy. ; Law—History. ; Criminal law. ; Constitutional law. ; Comparative government. ; Law ; Law
    Abstract: Preface -- Part I: Legitimacy of Punishment in the Democratic Constitutional State -- Is it possible to limit the penal intervention in the 21st century? -- Review on Retribution as Punishment Purpose -- Crises of the ultima ratio Principle shall we resume the Constitutional Criminal Law Guidance? -- Enforced Disappearance: A precedent of the Enemy Criminal Law -- Part II: Crisis of Warranty Thinking in the Democratic Constitutional State and Criminal Law -- Criminal Law and Legal Theory: Not Just Legal Dogmatics, But Never Without it -- The Populist Traces of Punitive Feminism -- Harm, offense, and the Hate Speech -- For a feminist and Guarantism-based Methodology in the Criminal Protection of Sexual Freedom -- Legal Defeasibility The Limits Between Ductile Law and Arbitrary Law -- Punishment and Communication in the Post Truth Society -- Presumption of innocence and pre-trial detention in the light of Directive (EU) 2016/343 -- Part III: Expansion and Trivializacion of Criminal Law in the Democratic Constitutional State -- Criminal Law Protection of Competition: An Instance of Punitive Excess? -- The Impact of Soft law on the Expansion of Criminal Law -- Contentious Politics and Penal Expansion in Spain: A Decade of Criminalization of Protest -- Ceilings for the criminal liability of Internet Service Providers -- Part IV: Paradigm of Danger and Security in the Criminal Law in the Democratic Constitutional State -- Why do They Call it ´Dangerousness´ When They Mean ´Risk Assessment? Using Risk Assessment in the Spanish Criminal Justice System -- Criminal Law of Security: Serious Crime and Visibility.
    Abstract: The book aims to share the results of project research granted by the Castilla-La Mancha government, which has been composed by philosophers of law and criminal law researchers, whose main conclusions are represented by the manifestations and trends of the current crisis of the constitutional State. The works try to identify these trends and manifestations in order to develop alternatives and remedies to solve the current negation process that classical liberties are involved, from the point of view of philosophy, policy, and dogmatic.
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  • 97
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031375453
    Language: English
    Pages: 1 Online-Ressource(XIX, 341 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Political Philosophy and Public Purpose
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Political science. ; Political science ; Critical theory. ; Social sciences ; Marxian school of sociology.
    Abstract: 1. Introduction: Philosophy and Social Theory beyond the “Bourgeois Horizon” -- 2. Recognizing Capital: Some Barriers to Public Discourse about Capital -- 3. The Legend of Hegel’s Labor Theory of Reason -- 4. Marx, Subjectivism, and Modern Moral Philosophy -- 5. Karl Marx and the Critique of Bourgeois Philosophy -- 6. Reclaiming the Concepts of Value and Capital -- 7. Social Form and the “Purely Social”: On the Kind of Sociality Involved in Value -- 8. The Commodity Spectrum -- 9. A Brilliant Failure: Hegel and Marx Assess the Enlightenment -- 10. From Hegel on Enlightenment Terror to Marx on Capital -- 11. The Poetics of Nihilism: Representing Capital’s Indifference in Dickens’ Hard Times -- 12. Rebel without a Cause: Stanley Kubrick and the Banality of the Good -- 13. Disappearing Act: The Trick Philosophy of Woody Allen. .
    Abstract: This book extends the approach that Murray and Schuler develop in their companion volume, False Moves in Philosophy and Social Theory: Losing Public Purpose. The chapters form a connected inquiry into consequences of capital, a far-reaching social form, through a critique of political economy and the mindset it shares with much modern philosophy and social theory. The authors call this bifurcating mentality factoring philosophy. Factoring philosophy mistakes the distinguishable for the separable. It splits the subjective and objective, form and content, and it takes the object of social theory to be an impossible economy-in-general, stripped of constitutive social forms. The critique of factoring philosophy structures the collection, which makes a wide-ranging contribution to the research field of the critique of political economy as critical social theory. Ultimately, this book solidifies Murray and Schuler’s impact on the study of political economy, political philosophy, modern philosophy, Hegel, Marx, and critical theory. Patrick Murray is John C. Kenefick Faculty Chair in the Humanities and professor of philosophy at Creighton University, Omaha, Nebraska. He is author of Marx’s Theory of Scientific Knowledge and The Mismeasure of Wealth and editor of Reflections on Commercial Life. His research interests center on capitalism and modern philosophy. Jeanne Schuler is professor of philosophy at Creighton University, Omaha, Nebraska. She has published in the history of philosophy and critical theory, including articles on Hume, Kant, Hegel, Marx, Arendt, Iris Murdoch, and Habermas. She is working on a series of articles on Hegel and modern philosophy. .
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  • 98
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031488948
    Language: English
    Pages: 1 Online-Ressource(XI, 273 p. 11 illus., 5 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: Palgrave Studies in Minority Languages and Communities
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Philology. ; Political science ; International relations. ; European literature.
    Abstract: Chapter 1. Introduction – Universal values in a partisan key -- Chapter 2. The World is a Prison: Political community in the work of Joseba Sarrionandia -- Chapter 3. Lluís Maria Xirinacs: The inside and outside of a political ontology -- Chapter 4. Máirtín Ó Cadhain: Bordering complexity -- Chapter 5. Conclusions: If we cannot move from ‘here’ to ‘there’, why not find a better starting point?
    Abstract: This book offers case studies and a comparative analysis of three authors writing in different European minority languages, exploring how they link national and context-marked political community with universal human requirements. The author examines their left-wing positions and how their writing speaks to the acceptance of difference as a necessary condition of such universal values. He presents, for the first time in English, an in-depth treatment of the writing of the Basque poet, novelist and essayist Joseba Sarrionandia (1958–) and the Catalan priest and civil disobedience author and activist Lluís Maria Xirinacs (1932–2007), whilst linking their understanding of a 'foundational universalism' with the work of Irish novelist, short-story writer and language activist Máirtín Ó Cadhain (1906–1970). The book is by its nature interdisciplinary in order to engage in a thoroughgoing comparative analysis of European language minorities, and responds empirically and theoretically to calls made recently in this regard from within critical Iberian Studies. It will therefore be of interest to students and scholars of fields such as Iberian and Celtic studies, International Relations theory, literary criticism, nationalism studies, political philosophy, as well as socio-legal and critical terrorism studies. Patrick Carlin is an Associate Researcher at the Language, Policy and Planning Research Unit, School of Welsh, Cardiff University, UK. He has published research in the field of minority language sociolinguistics, language and regulation.
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  • 99
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer VS
    ISBN: 9783031275913
    Language: German
    Pages: 1 Online-Ressource(X, 261 S. 2 Abb., 1 Abb. in Farbe.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als Bieber, Florian, 1973 - Einheit und Vielfalt in der Europäischen Union
    Keywords: Europe ; Political science. ; Law ; Peace. ; Friedens- und Konfliktforschung ; International law ; International relations ; Internationales Recht ; LAW / International ; POL058000 ; POLITICAL SCIENCE / International Relations / General ; POLITICAL SCIENCE / Public Policy / General ; Political structure & processes ; Politics & government ; Politik und Staat ; Zentralregierung ; Europa
    Abstract: 1. Einführung -- 2. Regime der Diversität -- 3. Diversität in der Europäischen Union -- 4. Annäherung an den Ausgleich von Vielfalt in der EU -- 5. Einheit und Vielfalt durch EU-Institutionen und -Verfahren -- 6. "Europa" als Symbol - Symbole für Europa -- 7. Ausgrenzung und Zugehörigkeit: Die Ambiguitäten der Unionsbürgerschaft -- 8. Das allmähliche Entstehen europäischer Minderheitenrechte -- 9. Schlussfolgerungen -- Epilog.
    Abstract: In diesem Buch wird untersucht, wie die Europäische Union auf die Herausforderung der Vielfalt reagiert hat. Dabei wird die EU als ein komplexes Gemeinwesen betrachtet, das neue Wege gefunden hat, um der Vielfalt gerecht zu werden. Ein Großteil der Literatur über die EU versucht, sie als einen einzigartigen Fall von Zusammenarbeit zwischen Staaten zu identifizieren, der über die klassische internationale Zusammenarbeit hinausgeht. In diesem Band wird argumentiert, dass es für das Verständnis der Bemühungen der EU um den Umgang mit der Vielfalt unter ihren Mitgliedern und Bürgern effektiver ist, die EU als Staat zu betrachten. Die Autoren räumen zwar ein, dass der EU wichtige Aspekte der Staatlichkeit fehlen, zeigen aber, dass die Betrachtung der Bemühungen der EU um ein Gleichgewicht zwischen Vielfalt und Einheit durch die Brille der Staatspolitik ein fruchtbarer Weg ist, um die Union zu verstehen. Anstatt die EU als etwas Unvergleichliches und Einzigartiges zu begreifen, das weder eine internationale Organisation noch ein Staat ist, wird in dem Buch argumentiert, dass die EU als ein Gemeinwesen verstanden werden kann, das viele Ansätze und Strategien mit komplexen und vielfältigen Staaten teilt. Die Bemühungen der EU um den Aufbau politischer Strukturen, die der Vielfalt Rechnung tragen, sind daher lehrreich für andere Staaten dieser Art. Die Erfahrungen der EU tragen dazu bei zu verstehen, wie Staaten und andere Gemeinwesen auf die Herausforderungen der Vielfalt reagieren können, einschließlich der Vielfalt der konstituierenden Einheiten oder der subnationalen Gruppen und Identitäten. Florian Bieber ist Professor für Südosteuropäische Geschichte und Politik an der Karl-Franzens-Universität Graz, Österreich. Roland Bieber ist emeritierter Professor für Europarecht an der Universität Lausanne, Schweiz. Dieses Buch ist eine Übersetzung einer englischen Originalausgabe. Die Übersetzung wurde mit Hilfe von künstlicher Intelligenz (maschinelle Übersetzung durch den Dienst DeepL.com) erstellt. Eine anschließende Überarbeitung erfolgte durch die beiden Autoren. .
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  • 100
    ISBN: 9783031346927
    Language: English
    Pages: 1 Online-Ressource(xii, 159 p., 12 illus., 3 illus. in color.)
    Edition: 1st ed. 2023
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Trump, Donald ; America—Politics and government ; International relations ; Political science ; Globalization ; America ; Außenpolitik ; Strategie ; Nationalismus ; Außenwirtschaftspolitik ; Interesse ; Protektionismus ; United States Foreign relations 2017-2021 ; United States Foreign relations 2021- ; United States Politics and government 2017-2021 ; United States Politics and government 2021- ; USA ; Trump, Donald 1946- ; Außenpolitik ; Strategie
    Abstract: Chapter 1: Introduction -- Chapter 2: Theorizing Trump: A Critical Political -Economy Approach -- Chapter 3: American Grand Strategy before Trump: The History and Nature of Open-Door Globalism -- Chapter 4: Enter Trump and the Trumpists: A Social Network Analysis of Trump’s Foreign Policy-Makers -- Chapter 5: The Changing Global Context of US Foreign Policy: Great Power Competition and “the China Challenge” -- Chapter 6: The Trumpian Shift: From Open Door Globalism to Economic Nationalism -- Chapter 7: Conclusion: Trump and the Enduring Crisis of the American Power Elite.
    Abstract: “A brilliant, impeccably researched must-read analysis of the shifting tectonic plates of American power.” — Inderjeet Parmar, Professor of International Politics, City University of London, UK This book offers a comprehensive explanatory account of Trump’s foreign policy by assessing its nature, determining the extent to which it broke with the policy of preceding presidencies, and explaining this shift’s genesis. We argue that Trump has succeeded in remaking America’s grand strategy by unmaking its long-standing strategy of what we call Open Door Globalism, a strategy of economic expansionism through the promotion of open markets globally and its institutionalization into a US-led liberal world order. Trump has broken with Open Door Globalism in probably lasting ways by adopting an outlook and strategy of neo mercantilist economic nationalism based upon an ‘America First’ redefinition of US sovereignty and national interests. Explaining this Trumpian shift in US foreign policy we focus on the social sources of Trump’s foreign policy-making elite’s agency, analysing its embeddedness in elite networks and within the changing global and domestic context. The latter, coupled with a crisis of established elite power, also indicates why Biden has not returned to Open Door Globalism but doubled down on aspects of the Trumpian economic nationalist break. Bastiaan van Apeldoorn is Professor of Global Political Economy and Geopoliticsat the Vrije Universiteit Amsterdam, the Netherlands. He is the author of several books, edited volumes and articles in journals like International Affairs, European Journal of International Relations, Journal of European Public Policy, New Political Economy, Globalizations and Global Networks. Jaša Veselinovič is a PhD Researcher in Political Science at the Berlin Graduate School for Global and Transregional Studies, SCRIPTS, Freie Universität Berlin, Germany. Naná de Graaff is Associate Professor in International Relations at the Vrije Universiteit Amsterdam, the Netherlands. She is the author of several books, edited volumes and articles in journals like International Affairs, Review of International Political Economy, European Journal of International Relations, and Global Networks. De Graaff chairs the EU-COST China in Europe Research Network.
    Note: Includes bibliographical references and index
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