rethinking natural law springerbriefs in law

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Rethinking Natural Law

Author : Paulo Ferreira da Cunha
ISBN : 9783642326592
Genre : Law
File Size : 39. 67 MB
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For centuries, natural law was the main philosophical legal paradigm. Now, it is a wonder when a court of law invokes it. Arthur Kaufmann already underlined a modern general "horror iuris naturalis". We also know, with Winfried Hassemer, that the succession of legal paradigms is a matter of fashion. But why did natural law become outdated? Are there any remnants of it still alive today? This book analyses a number of prejudices and myths that have created a general misconception of natural law. As Jean-Marc Trigeaud put it: there is a natural law that positivists invented. Not the real one(s). It seeks to understand not only the usual adversaries of natural law (like legalists, positivists and historicists) but also its further enemies, the inner enemies of natural law, such as internal aporias, political and ideological manipulations, etc. The book puts forward a reasoned and balanced examination of this treasure of western political and juridical though. And, if we look at it another way, natural law is by no means a loser in our times: because it lives in modern human rights.

Reconsidering Welfare Policies In Times Of Crisis

Author : Ombretta Caldarice
ISBN : 9783319686226
Genre : Social Science
File Size : 65. 6 MB
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This book offers a European perspective on spatial planning and welfare policies in relation to the new conditions derived from the current urban crisis. The book deals with research and policy issues stemming from the fact that in the last ten years European cities have been affected by a structural crisis, not only financial but also a social, environmental and spatial, leading to an economic collapse. The crisis and its consequences due to political, financial and social conflicts contribute to increasing a city’s complexity in terms of decrease of public finance, slowdowns in the real estate market, economic stagnation and the reduction of the consolidated welfare policies. In light of this, this book proposes to reframe European urban welfare towards a “framework-rule” perspective. It is based on new rules and responsibilities as a path to change that would enable cities to respond to new circumstances through innovative actions thanks to co-production. The book focuses on the potential of this approach, identifying innovative perspectives for researchers, institutions and practitioners in the field of urban and regional planning. It also addresses the growth of civic initiatives all over Europe in which citizens and private business are engaged for the self-delivery of urban facilities, while jointly identifying issues and needs, and trying to solve problems with innovative and inclusive responses. This book will appeal to students and researchers along with a professional and policy audience due to the topical nature of the contents.

Revisiting The Energy Development Link

Author : Kostas Bithas
ISBN : 9783319207322
Genre : Business & Economics
File Size : 30. 91 MB
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Unravelling the intricate relationship between economic development and energy consumption, this book proposes an innovative framework for the empirical investigation of the link between the economy and natural resources. It proposes a novel set of indicators to shed light on those aspects of the economic process and development that determine their requirements in terms of natural resources. Employing updated databases, this book presents tables and diagrams to compare the conventional and the new estimates of the linkage between energy and economic development (Energy Intensity) throughout the world, over the last 100 years. Whereas estimates based on the established framework for evaluating the link between energy resources and the economy indicate a strong decoupling trend, the new indicators follow substantially different paths which suggest a strong coupling between economic growth and energy use. These differences -which call into question the prevailing opinion of decoupling- are fundamental for the prospects of sustainability. This book provides a valuable resource for economists, energy and environmental analysts, natural resource managers and policy makers. It is also intended for students of ecological economics, sustainability studies, natural resource and energy economics.

Foot Patrol

Author : Jerry H. Ratcliffe
ISBN : 9783319652474
Genre : Social Science
File Size : 35. 89 MB
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This Brief reviews the history of foot patrol and the recent, research-driven resurgence of foot patrol in places such as Philadelphia. It summarizes and critiques existing literature on the subject, examining the efficacy of foot patrol. At the time the Philadelphia Foot Patrol Experiment was published, popular opinion about foot patrol was that it might improve community perception of police and reduce fear of crime, but it did not have a concrete crime prevention benefit. The Philadelphia Experiment represented a major examination of this concept, involving over 200 officers in 60 locations over a two-year period, in some of the highest violent crime areas of Philadelphia. The results suggested that a targeted hot spots-oriented foot patrol strategy did contribute to violent crime reduction. Four years later, the lead author of that seminal experiment explores its findings, together with the findings of the Philadelphia Policing Tactics Experiment, and examines their differences. This work also explores officer experiences with foot patrol. This Brief concludes with policy recommendations about foot patrol, when and how to implement it, and the benefits it can add to a police department. This Brief will be of interest to researchers in Criminology and Criminal Justice, particularly with an interest in Police Studies, and related fields such as sociology and public policy. It will also be of interest to practitioners and policy makers interested in evidence-based policing.

Altruism Welfare And The Law

Author : Charles Foster
ISBN : 9783319216058
Genre : Law
File Size : 89. 47 MB
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This book is an assault on the notion that it is empirically accurate and legally and philosophically satisfactory to see humans as atomistic entities. It contends that our welfare is inextricably entangled with that of others, and accordingly law and ethics, in determining our best interests, should recognise the central importance of relationality, the performance of obligations, and (even apparently injurious) altruism.

Land And Water Education And The Allodial Principle

Author : Zane Ma Rhea
ISBN : 9789811076008
Genre : Education
File Size : 69. 60 MB
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This book argues that the ancient allodial principle enables a paradigmatic shift in the way specialist educators in environmental, Indigenous, and legal studies; teacher educators; and teachers think about land and water education. Land and water are basic to human life, and students will need to grapple with matters of sustainability and Indigenous entitlement in their future work. People now living in lands and on waterways that have been colonized, such as Australia, are taught to regard land and water in ways that have been fundamentally shaped by English law. This book introduces ancient as well as more contemporary forms of land and water access and examines the underlying ontological and epistemological enframements that shape the way that ‘land’ and ‘water’ are understood and taught. As peoples of the world grapple with environmental sustainability and Indigenous rights, the author provides a pivotal rejection of the entitlement to ‘abuse’. The book also reasons that educators should employ alod pedagogy to develop their approach to ‘working out’ difficult matters to do with balancing the rights and responsibilities of nations, regions, corporations, communal and individual owners in the access to, use of, and transferability of land and waterways.

Toward A New Old Theory Of Responsibility Moving Beyond Accountability

Author : Daryl Koehn
ISBN : 3030167364
Genre : Business & Economics
File Size : 24. 65 MB
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This book offers a much needed overview of the neglected notion of responsibility. Instead of offering vague talk about “individual responsibility” or “corporate responsibility,” Daryl Koehn examines in detail four accounts of responsibility, taking care to specify what responsibility does and does not mean in each account. She argues for a return to the ancient concept of Socratic dialogical responsibility, a concept that avoids many of the problems inherent in the other accounts. After examining the Anglo-American criminal legal system’s treatment of responsibility as intentional agency, she critiques Hans Jonas’s concept of responsibility as ontological care and Hannah Arendt’s notion of communicative responsibility. She provides a careful analysis of the strengths and weaknesses of each approach to responsibility. The final chapter makes the case for Socratic dialogical responsibility. Dialogical responsibility has many strengths in its own right and avoids the major pitfalls of the other notions of responsibility examined in the book. It serves as an eminently practical way to hold ourselves responsible for our actions and speech. In addition, dialogical responsibility alone qualifies as a virtue integral to the good life.

Energy And Non Traditional Security Nts In Asia

Author : Mely Caballero-Anthony
ISBN : 9783642297069
Genre : Law
File Size : 89. 18 MB
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Traditional notions of security are premised on the primacy of state security. In relation to energy security, traditional policy thinking has focused on ensuring supply without much emphasis on socioeconomic and environmental impacts. Non-traditional security (NTS) scholars argue that threats to human security have become increasingly prominent since the end of the Cold War, and that it is thus critical to adopt a holistic and multidisciplinary approach in addressing rising energy needs. This volume represents the perspectives of scholars from across Asia, looking at diverse aspects of energy security through a non-traditional security lens. The issues covered include environmental and socioeconomic impacts, the role of the market, the role of civil society, energy sustainability and policy trends in the ASEAN region.

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