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Author: Katerina Sideri Publisher: Ashgate Publishing, Ltd. ISBN: 9780754646204 Category : Law Languages : en Pages : 170
Book Description
This book presents a theory of law making in the European Union, focusing on new governance structures which promote deliberation, proceduralization, and dialogue. The empirical substantiation of the argument is premised on case studies from the EU, such as the Information Society Directive, domain name dispute resolution by ICANN, Internet filters, and the proposal for a Directive on the patentability of computer-implemented inventions.
Author: Katerina Sideri Publisher: Routledge ISBN: 1351154109 Category : Law Languages : en Pages : 251
Book Description
This book develops a sociological understanding of law making in the European Union. In particular, the book focuses on the social function of law in new governance structures promoting decentralized and flexible procedures that encourage deliberation, participation of stakeholders, and public dialogue. It pays attention to both the practical knowledge and the power relations underpinning law making, while seeking to bring to the foreground the importance of compromise in the process. The empirical substantiation of the argument discusses the regulation of technology in the European Union and is premised on case studies of governance of the Internet, patents of high technology, filters used on the Internet to block harmful material, trademark law and domain name dispute resolution by ICANN. To this effect, the book studies the dynamics of constructing a legal argument inside the European Commission, and its role in the process of coordinating the creation of networks, securing enforcement in self regulatory regimes, and steering activity on the part of autonomous groups of actors.
Author: Maxwell A. Cameron Publisher: Oxford University Press ISBN: 0190694335 Category : Philosophy Languages : en Pages : 233
Book Description
Cameron shows how institutions rely on rules and incentives, but they need practitioners with the virtues and character to make good decisions. Wise practitioners are not only an antidote to excessive partisanship, neoliberal competitiveness, and institutional corruption; they are an essential ingredient of any democracy based on citizenship and the common good.
Author: Graeme Brown Publisher: Bloomsbury Publishing ISBN: 1509902635 Category : Law Languages : en Pages : 297
Book Description
How do judges sentence? In particular, how important is judicial discretion in sentencing? Sentencing guidelines are often said to promote consistency, but is consistency in sentencing achievable or even desirable? Whilst the passing of a sentence is arguably the most public stage of the criminal justice process, there have been few attempts to examine judicial perceptions of, and attitudes towards, the sentencing process. Through interviews with Scottish judges and by presenting a comprehensive review and analysis of recent scholarship on sentencing – including a comparative study of UK, Irish and Commonwealth sentencing jurisprudence – this book explores these issues to present a systematic theory of sentencing. Through an integration of the concept of equity as particularised justice, the Aristotelian concept of phronesis (or 'practical wisdom'), the concept of value pluralism, and the focus of appellate courts throughout the Commonwealth on sentencing by way of 'instinctive synthesis', it is argued that judicial sentencing methodology is best viewed in terms of a phronetic synthesis of the relevant facts and circumstances of the particular case. The author concludes that sentencing is best conceptualised as a form of case-orientated, concrete and intuitive decision making; one that seeks individualisation through judicial recognition of the profoundly contextualised nature of the process.
Author: Thomas Aquinas Publisher: Hackett Publishing ISBN: 9780872206632 Category : Philosophy Languages : en Pages : 260
Book Description
The second edition retains the selection of texts presented in the first edition but offers them in new translations by Richard J Regan -- including that of his Aquinas, Treatise on Law (Hackett, 2000). A revised Introduction and glossary, an updated select bibliography, and the inclusion of summarising headnotes for each of the units -- Conscience, Law, Justice, Property, War and Killing, Obedience and Rebellion, and Practical Wisdom and Statecraft -- further enhance its usefulness.
Author: Liesbeth Huppes-Cluysenaer Publisher: Springer Science & Business Media ISBN: 9400760310 Category : Law Languages : en Pages : 284
Book Description
The book presents a new focus on the legal philosophical texts of Aristotle, which offers a much richer frame for the understanding of practical thought, legal reasoning and political experience. It allows understanding how human beings interact in a complex world, and how extensive the complexity is which results from humans’ own power of self-construction and autonomy. The Aristotelian approach recognizes the limits of rationality and the inevitable and constitutive contingency in Law. All this offers a helpful instrument to understand the changes globalisation imposes to legal experience today. The contributions in this collection do not merely pay attention to private virtues, but focus primarily on public virtues. They deal with the fact that law is dependent on political power and that a person can never be sure about the facts of a case or about the right way to act. They explore the assumption that a detailed knowledge of Aristotle's epistemology is necessary, because of the direct connection between Enlightened reasoning and legal positivism. They pay attention to the concept of proportionality, which can be seen as a precondition to discuss liberalism.
Author: Barry Schwartz Publisher: Penguin ISBN: 1594485437 Category : Self-Help Languages : en Pages : 337
Book Description
A reasoned and urgent call to embrace and protect the essential human quality that has been drummed out of our lives: wisdom. In their provocative new book, Barry Schwartz and Kenneth Sharpe explore the insights essential to leading satisfying lives. Encouraging individuals to focus on their own personal intelligence and integrity rather than simply navigating the rules and incentives established by others, Practical Wisdom outlines how to identify and cultivate our own innate wisdom in our daily lives.
Author: Richard Kraut Publisher: John Wiley & Sons ISBN: 1405153148 Category : Philosophy Languages : en Pages : 384
Book Description
The Blackwell Guide to Aristotle’s Nicomachean Ethicsilluminates Aristotle’s ethics for both academics andstudents new to the work, with sixteen newly commissioned essays bydistinguished international scholars. The structure of the book mirrors the organization of theNichomachean Ethics itself. Discusses the human good, the general nature of virtue, thedistinctive characteristics of particular virtues, voluntariness,self-control, and pleasure.
Author: Katerina Sideri
Author: Katerina Sideri
Author: Maxwell A. Cameron
Author: Graeme Brown
Author: Thomas Aquinas
Author: Liesbeth Huppes-Cluysenaer
Author: Barry Schwartz
Author: Richard Kraut
Author: Francis Marion Burdick
Author: Valentine Korah
Author: