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Rethinking Natural Law

Author : Paulo Ferreira da Cunha
ISBN : 9783642326592
Genre : Law
File Size : 80. 5 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 But why did natural law become outdated?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.

Contracts Of Adhesion Between Law And Economics

Author : Elena D'Agostino
ISBN : 9783319131146
Genre : Law
File Size : 77. 62 MB
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This book examines the most controversial issues concerning the use of pre-drafted clauses in fine print, which are usually included in consumer contracts and presented to consumers on a take-it-or-leave-it basis. By applying a multi-disciplinary approach that combines consumer’s psychology and seller’s drafting power in the logic of efficiency and good faith, the book provides a fresh and unconventional analysis of the existing literature, both theoretical and empirical. Moving from the unconscionability doctrine, it criticizes (and in some cases refutes) its main conclusions based on criteria which are usually invoked to sustain the need for public intervention to protect consumers, and specifically related to Law (contract complexity), Psychology (consumer lack of sophistication criterion) and Economics (market structure criterion). It also analyzes the effects of different regulations, such as banning vexatious clauses or mandating disclosure clauses, showing that none of them protect consumers, but in fact prove to be harmful when consumers are more vulnerable, that is whenever sellers can exploit some degree of market power. In closing, the book combines these disparate aspects, arguing that the solution (if any) to the problem of consumer exploitation and market inefficiency associated with the use of contracts of adhesion in these contexts cannot be found in removing or prohibiting hidden clauses, but instead has to take into account the effects of these clauses on the contract as a whole.

Foot Patrol

Author : Jerry H. Ratcliffe
ISBN : 9783319652474
Genre : Social Science
File Size : 79. 1 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.

Rethinking Energy Security In Asia A Non Traditional View Of Human Security

Author : Mely Caballero-Anthony
ISBN : 9783642297038
Genre : Law
File Size : 74. 82 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.

Revisiting The Energy Development Link

Author : Kostas Bithas
ISBN : 9783319207322
Genre : Business & Economics
File Size : 59. 59 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.

Land And Water Education And The Allodial Principle

Author : Zane Ma Rhea
ISBN : 9789811076008
Genre : Education
File Size : 71. 30 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.

Systems Biology Of Tumor Physiology

Author : David H. Nguyen
ISBN : 9783319256016
Genre : Medical
File Size : 62. 93 MB
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This exciting SpringerBrief presents evidence for new ideas that will challenge several theories of how cancer biology is understood. Cancer biology has undergone several intellectual revolutions in the past 50 years. A mutation-centric view of cancer has given way to the tumor microenvironment view. Reductionistic studies of one gene at a time have given way to systems biology approaches that analyze the whole genome (omics) at the same time. However, this text combines the complex levels studying cancer at the molecular biology level, endocrinology level, and transcriptomics level. What researchers are now realizing is that there is a need to combine omics with physiology concepts in order to better understand cancer and this book will give insight to the merging of these two fields in order to define how cancer is studied in the future.​

The Strategic Use Of International Law By The United Nations Security Council

Author : Rossana Deplano
ISBN : 9783319212814
Genre : Law
File Size : 73. 60 MB
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The book offers insights on whether international law can shape the politics of the Security Council and conversely, the extent to which the latter contribute to the development of international law. By providing a systematic analysis of the quantity and quality of international legal instruments referred to in the text of resolutions, the book reconstructs patterns of the Security Council’s behavioural regularities and assesses them against the provisions of the United Nations Charter, which establishes its mandate. The analysis is divided into three periods – the origins and Cold War period, post-Cold War period and the twenty-first century – and assesses the resolutions passed in each period by thematic category. The book argues that while international law plays an important role in shaping the politics of the Security Council, the Council’s resolutions do not contribute significantly to the development of international law.

Rethinking Infrastructure Design For Multi Use Water Services

Author : Čedo Maksimović
ISBN : 9783319062754
Genre : Science
File Size : 54. 65 MB
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As we approach a historic tipping point in the global trend toward urbanisation – within two decades urban dwellers will increase from 49% to 60% of the planet’s population – this book identifies and addresses a critical problem: water. The editors show how cities can shift from being water consumers to resource managers, applying urban water management principles to ensure access to water and sanitation infrastructure and services; manage rainwater, wastewater, storm water drainage, and runoff pollution; control waterborne diseases and epidemics; and reduce the risk of such water-related hazards as floods, droughts and landslides. The book explores the Multiple-Use Water Services (MUS) paradigm, offering a section on the MUS approach and a means of calculating the value of MUS systems, as well as tools and resources to support decision-making. Case studies illustrate MUS in selected urban and rural contexts. Each case study breaks out the challenges, policy framework, benefits, benchmarks, lessons learned (success and failures) and potential next steps. The contributors consider the main options for applying the Multiple-Use Water Services (MUS) paradigm, breaking down its components and offering cost-benefit analyses along with challenges and considerations for both the short and long term. Also discussed are methods by which mutual interactions of water infrastructure and vegetated areas are taken into account in the synergy of spatial planning and optimised modelling of ecosystems’ performance indicators. This method of planning should make future developments cheaper to build; their users will pay lower utility bills for water, energy and heating. These developments will be more pleasant to live in and property value would likely be higher. The brief includes a section on the MUS approach and a means to calculate the value of MUS systems, as well as provides tools and resources to support decision-making. Case studies are included to illustrate MUS in selected urban and rural contexts. Each case study breaks out the challenges, policy framework, benefits, benchmarks, lessons learned (success and failures) and potential next steps.

Altruism Welfare And The Law

Author : Charles Foster
ISBN : 9783319216058
Genre : Law
File Size : 83. 26 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.

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