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Das Recht der Berliner Verwaltung: Unter Berücksichtigung kommunalrechtlicher Bezüge (Springer-Lehrbuch)
by Andreas Musil Sören KirchnerDie organisatorische Struktur Berlins kennt keine Gemeinden, sondern nur Bezirke ohne eigene Rechtspersönlichkeit. Diese Besonderheiten werden anhand eines Vergleichs mit dem Kommunalrecht der Flächenländer aufgezeigt. Dabei werden aktuelle Rechtsprechung und relevante Literatur umfassend berücksichtigt. Anhand von Übungsfällen aus der Rechtsprechung kann der Stoff vertieft werden. Das Lehrbuch richtet sich vor allem an Studierende der Rechtswissenschaft und Rechtsreferendare, ist aber auch für Praktiker als Nachschlagewerk von Nutzen.
That One Should Disdain Hardships: The Teachings of a Roman Stoic
by Musonius RufusPerennial wisdom from one of history&’s most important Stoic teachers The Stoic philosopher Musonius Rufus was one of the most influential teachers of his era, imperial Rome, and his message still resonates with startling clarity today. Alongside Stoics like Seneca, Epictetus, and Marcus Aurelius, he emphasized ethics in action, displayed in all aspects of life. Merely learning philosophical doctrine and listening to lectures, they believed, will not do one any good unless one manages to interiorize the teachings and apply them to daily life. In Musonius Rufus&’s words, &“Philosophy is nothing else than to search out by reason what is right and proper and by deeds to put it into practice.&” At a time of renewed interest in Stoicism, this collection of Musonius Rufus&’s lectures and sayings, beautifully translated by Cora E. Lutz and introduced by Gretchen Reydams-Schils, offers readers access to the thought of one of history&’s most influential and remarkable Stoic thinkers.
Jurisdiction in Deleuze: The Expression And Representation Of Law
by Edward MussawirJurisdiction in Deleuze: The Expression and Representation of Law explores an affinity between the philosophy of Gilles Deleuze and jurisprudence as a tradition of technical legal thought. The author addresses and reopens a central aesthetic problem in jurisprudence: the difference between the expression and the representation of law. Deleuze is taken as offering not just an important methodological recovery of an ‘expressionism’ in philosophy – specifically through Nietzsche and Spinoza – but also a surprisingly practical jurisprudence which recasts the major technical terms of jurisdiction (persons, things and actions) in terms of their distinctively expressive or performative modalities. In paying attention to law’s expression, Deleuze is thus shown to offer an account of how meaning may attach to the instrument and medium of law and how legal desire may be registered within the texture and technology of jurisdiction. Contributing both to a renewed transposition of Deleuze into contemporary legal theory, as well as to an emerging interest in law’s technology, institution and instrumentality in critical legal studies, Jurisdiction in Deleuze will be of considerable interest.
What Makes Us Moral? On the capacities and conditions for being moral
by Bert Musschenga Anton Van HarskampThis book addresses the question of what it means to be moral and which capacities one needs to be moral. It questions whether empathy is a cognitive or an affective capacity, or perhaps both. As most moral beings behave immorally from time to time, the authors ask which factors cause or motivate people to translate their moral beliefs into action? Specially addressed is the question of what is the role of internal factors such as willpower, commitment, character, and what is the role of external, situational and structural factors? The questions are considered from various (disciplinary) perspectives.
Reconsidering Constitutional Formation II Decisive Constitutional Normativity: From Old Liberties to New Precedence (Studies in the History of Law and Justice #12)
by Ulrike MüßigThis second volume of ReConFort, published open access, addresses the decisive role of constitutional normativity, and focuses on discourses concerning the legal role of constitutional norms. Taken together with ReConFort I (National Sovereignty), it calls for an innovative reassessment of constitutional history drawing on key categories to convey the legal nature of the constitution itself (national sovereignty, precedence, justiciability of power, judiciary as constituted power).In the late 18th and early 19th centuries, constitutional normativity began to complete the legal fixation of the entire political order. This juridification in one constitutional text resulted in a conceptual differentiation from ordinary law, which extends to alterability and justiciability. The early expressions of this ‘new order of the ages’ suggest an unprecedented and irremediable break with European legal tradition, be it with British colonial governance or the French ancien régime. In fact, while the shift to constitutions as a hierarchically ‘higher’ form of positive law was a revolutionary change, it also drew upon old liberties. The American constitutional discourse, which was itself heavily influenced by British common law, in turn served as an inspiration for a variety of constitutional experiments – from the French Revolution to Napoleon’s downfall, in the halls of the Frankfurt Assembly, on the road to a unified Italy, and in the later theoretical discourse of twentieth-century Austria. If the constitution states the legal rules for the law-making process, then its Kelsian primacy is mandatory.Also included in this volume are the French originals and English translations of two vital documents. The first – Emmanuel Joseph Sieyès’ Du Jury Constitutionnaire (1795) – highlights an early attempt to reconcile the democratic values of the French Revolution with the pragmatic need to legally protect the Revolution. The second – the 1812 draft of the Constitution of the Kingdom of Poland – presents the ‘constitutional propaganda’ of the Russian Tsar Alexander I to bargain for the support of the Lithuanian and Polish nobility. These documents open new avenues of research into Europe’s constitutional history: one replete with diverse contexts and national experiences, but above all an overarching motif of constitutional decisiveness that served to complete the juridification of sovereignty. (www.reconfort.eu)
Contractor Health and Safety Compliance for Small to Medium-Sized Construction Companies
by Zakari Mustapha Clinton Aigbavboa Wellington ThwalaThis book explores the formation of small and medium-sized construction company's (SME) compliance with health and safety issues in developing countries. Little has been written about the formation of SME contractors' health and safety compliance for developing countries, especially, in the sub-sahara regions where construction and infrastructure development activities have significantly increased in order to serve the development mandate of those countries. Thus, this book will provides insight into construction safety for SMEs, as well as health and safety compliance, and its policy implementation trends and development.
The American Disease
by David F. MustoThe American Disease is a classic study of the development of drug laws in the United States.
Feminist Judgments: Reproductive Justice Rewritten (Feminist Judgment Series: Rewritten Judicial Opinions)
by Kimberly M. MutchersonReproductive justice (RJ) is a pivotal movement that supplants the language and limitations of reproductive rights. RJ's tenets are that women have the human rights to decide if or when they'll become pregnant, whether to carry a pregnancy to term, and to parent the children they have in safe and healthy environments. Recognizing the importance of the rights at stake when the law addresses parenting and procreation, the authors in this book re-imagine judicial opinions that address the law's treatment of pregnancy and parenting. The cases cover topics such as forced sterilization, pregnancy discrimination, criminal penalties for women who take illegal drugs while pregnant, and state funding for abortion. Though some of the re-imagined cases come to the same conclusions as the originals, each rewritten opinion analyzes how these cases impact the most vulnerable populations, including people with disabilities, poor women, and women of color.
Base of the Pyramid Markets in Africa: Innovation and Challenges to Sustainability (Innovation and Sustainability in Base of the Pyramid Markets)
by Judy N. MuthuriThis book focuses on the Base of the Pyramid (BOP) in Africa and examines the role of the private sector in the fight against poverty. The BOP concept, which is a market-based approach to poverty eradication, presents a great avenue for businesses to develop opportunities and new business models that enable and empower those in the BOP population in Africa to raise their socio-economic welfare and well-being. The BOP market and the business interest in the BOP in Africa is rising. This book furthers our understanding of the characteristics of BOP markets in Africa, and the challenges and opportunities to address poverty and development in a sustainable manner. The book covers various themes of BOP markets and their embeddedness in social-cultural settings in Africa. The different chapters employ a variety of theoretical and methodological approaches to advance research and practice of BOP in Africa. The book chapters reflect multiple diversities that characterise sub-Saharan Africa based on studies in 13 country contexts and from five industry sectors. This book is recommended reading for managers and policy makers, as well as students and academics interested in Base of the Pyramid markets.
Empirical Gap in Jurisprudence: A Comprehensive Study of the Supreme Court of Canada
by Daved MuttartIn jurisprudential writing, single decisions are often held up as representative without any evidence to support their representative claims. In order to address this problem, Daved Muttart has made a systematic study encompassing every judgment of the Supreme Court of Canada between 1950 and 2003.Examining almost 5000 cases, Muttart analyses these Supreme Court decisions employing several important criteria including whether the decisions overruled prior precedent, the extent to which they were decided on fact, law, or policy, and the legal and extra-legal modes of reasoning utilized by the Court. Muttart uses the results of this systematic examination to test the validity of extant jurisprudential theories. Ultimately, he concludes that the Court's method of operation is evolving as it moves into a new century. While the court's reasoning is becoming less foundational, it remains a predominantly legal, as opposed to political, institution.Filling an important niche in the study of jurisprudence, The Empirical Gap in Jurisprudence demonstrates that systematic studies based on large samples of cases will yield many insights that were obfuscated by prior efforts that relied on small and self-selected samples.
E-Governance in India: The Progress Status
by Sunil K. Muttoo Rajan Gupta Saibal K. PalThe book discusses the concepts of E-Governance from the understanding of a naïve user. While providing introduction to the concept, it shows the status of E-Governance in India through various measures, and its progress through different case studies. The historical development of E-Governance around the world and its rise in few developed and developing nations have also been discussed. The book also elaborates the establishment of E-Governance in India in detail and then compares the progress in Indian states through different measures and metrics. The structure of the E-Governance in India has been explained, including the explanation of the details related to National E-Governance Plan. The book is a combination of theoretical and practical concepts defined over various aspects of E-Governance in India. This book serves as the first stage reading material for any individual working in the Indian region on E-Governance.
Consumers, Society and Marketing: A Sustainability Perspective (CSR, Sustainability, Ethics & Governance)
by Dilip S. Mutum Ezlika M. GhazaliEnvironment and social responsibility are paramount for any modern business strategy, and the field of marketing is adapting itself to the new focus on sustainability. The study of the interface between consumers, society, and marketing is crucial for understanding the complex interactions between individuals and the products and services they consume and the resulting implications. In this book, the authors delve into the latest research and theories on the subject, providing insight into the various factors that shape consumer behavior and the broader impacts of marketing on society. Whether you are a student, professional, or simply curious about the topic, this book will provide a valuable resource for your learning and exploration. Instead of treating ethical foundations and critical marketing perspectives separately, this book merges them and takes a broader sustainability perspective. It examines the various ways in which businesses are incorporating sustainability into their marketing strategies, and the impact these efforts are having on consumers, the economy, and the planet. Topics covered in this book include: Evolution of marketing thoughtCritique of marketingSustainable marketingSocial marketingEvolving consumer representations and roles, and many more
The Politics of Intellectual Property Rights and Access to Medicines
by Valbona MuzakaThis book shows why contests over intellectual property rights and access to affordable medicines emerged in the 1990s and how they have been 'resolved' so far. It argues that the current arrangement mainly ensures wealth for some rather than health for all, and points to broader concerns related to governing intellectual property solely as capital
Black Iconography and Colonial (re)production at the ICC: (In)dependence Cha Cha Cha?
by Stanley Mwangi WanjiruThis book explores the reproduction of colonialism at the International Criminal Court (ICC), and examines International criminal law (ICL) vs the Black body through an immersive format of Art, Music, Poetry, and Architecture and post-colonial/critical race theory lens. Taking a multi-disciplinary approach, the book interrogates the operationalization of the Rome statute to detail a Eurocentric hegemony at the core of ICL. It explores how colonialism and slavery have come to shape ICL, exposing the perpetuation of the colonial and warns that it heralds ominous contemporary and future implications for Africa. As currently envisaged and acted out at the ICC, this law is founded on deceptive and colonial ideas of ‘what is wrong’ in/with the world. The book finds that the contemporary ICL regime is founded on white supremacy that corrupts the law’s interaction with the African. The African is but a unit utilised by the global elite to exploit and extract. From time to time, these alliances disintegrate with ICL becoming a retaliatory tool of choice. What is at stake, is power, not justice. This power is hierarchical with Eurocentrism at the top throughout modern history. Colonialism is seen not to have ended but to have regerminated through the foundation of the ‘independent’ African state. The ICC reproduces the colonial by use of European law, and ultimately the over representation of the black accused. To conclude, the book provides a liberated African forum that can address conflicts in the content, with a call for the end of the ICC’s involvement in Africa. The demand is made for an African Court that utilises non-colonising African norms which are uniquely suited to address local conflicts. Multidisciplinary in nature, this book will be of great interest to students and scholars of International Criminal Law, Criminal Justice, Human Rights Law, African Studies, Global Social Justice, Sociology, Anthropology, Postcolonial Studies, and Philosophy.
Doctoral Degree Programs in Law: An International and Comparative Study of the English-Speaking World (SpringerBriefs in Law)
by Kenneth K. MwendaThis book offers a critical and insightful study of various doctoral programs in law, focusing on the English-speaking world. That the structures of doctoral degree programs in law differ between the United States and much of the Commonwealth are an issue that requires no debate. What is missing in the discourse, however, is a narrative on how these programs are structured and how they compare. This book attempts to fill that gap. A key objective of the study is to provide an international and comparative analysis of the efficacy of the American- and British-styled models of law doctorates. In so doing, it provides a conceptual and theoretical framework for the development of effective doctoral programs in law, contending that the defining characteristic of a doctorate is that it recognizes an independent contribution to the subject rather than the completion of taught coursework, however, advanced. The book goes on to examine the concept of a higher doctorate in law as a possible means of strengthening the concept of a law doctorate in legal academia.This book was written against the backdrop of the recently adopted Global Convention on the Recognition of Qualifications concerning higher education. It was adopted by the UNESCO General Conference in Paris on November 25, 2019, making it the first United Nations treaty on higher education with a global scope. The target audience of the book includes scholars in higher education; scholars in legal education; law school deans and administrators; law professors and students; Ministries of Higher Education in countries around the globe; accrediting agencies for doctoral studies; bar admission and legal education societies; and UNESCO and other international organizations.
Economics and Property
by Danny MyersThis text focuses on the introduction of economic principles to provide an understanding of the commercial and residential property sectors and the markets for development, construction and occupation of property.Economics and Property supports students following property economics courses leading to a career in the property profession. Experience suggests that economics can initially be perceived as challenging; this book makes the subject clear and comprehensible.Extracts and examples from the Estates Gazette and its electronic archive EGi are used to provide examples and raise questions for discussion. Glossaries, key learning points and a clear layout make this book the best introduction to economics for the property profession.
Economics and Property: The Estates Gazette Guide
by Danny Myersa clear and easy-to-read introduction to any property economics module in a degree leading to a profession in real estate, surveying, construction and other related built environment fields Full colour figures and packed with features such as: glossary, chapter objectives and summaries, glossary, case studies, tutorial readings
The American Paradox: Spiritual Hunger in an Age of Plenty
by David G. MyersWell-known social psychologist David G. Myers addresses why Americans can have so many social problems--reflecting a deep spiritual poverty--at a time when material wealth is at record levels. 32 illustrations.
Clinical Ethics: A Graphic Medicine Casebook (Graphic Medicine)
by Kimberly R. Myers Molly L. Osborne Charlotte A. WuMr. Ito’s children act as his informal translators, but his doctor isn’t sure their translations are accurate or complete. Is Mr. Ito getting the medical information he needs?Ten-year-old Hannah arrives for her checkup with a bruised nose and an irritable father. Medical student Melanie is concerned for Hannah’s safety but wary of making accusations without evidence.Dr. Joshi worries that her patient is putting her husband, who is also Dr. Joshi’s patient, at risk by concealing a sexually transmitted disease. How can she act in the interest of both husband and wife without compromising doctor-patient confidentiality?Using the accessible and richly layered medium of comics, this collection reveals how ethical dilemmas in medical practice play out in real life. Designed for the classroom, Clinical Ethics provides an excellent introduction to medical ethics and presents case studies that will spark meaningful discussions among students and practitioners. The topics covered include patient autonomy, informed consent, unconscious bias, mandated reporting, confidentiality, medical mistakes, surrogate decision-making, and futility. The “Questions for Further Reflection” and “Related Readings” sections provide additional materials for a deeper exploration of the issues.Co-created by experts in clinical medicine, ethics, literature, and comics, Clinical Ethics presents a new way for students and practitioners to engage with fundamental concerns in medical ethics.
The Border of Lights Reader: Bearing Witness to Genocide in the Dominican Republic
by Megan Jeanette Myers Edward PaulinoBorder of Lights, a volunteer collective, returns each October to Dominican-Haitian border towns to bear witness to the 1937 Haitian Massacre ordered by Dominican dictator Rafael Leónidas Trujillo. This crime against humanity has never been acknowledged by the Dominican government and no memorial exists for its victims. A multimodal, multi-vocal space for activists, artists, scholars, and others connected to the BOL movement, The Border of Lights Reader provides an alternative to the dominant narrative that positions Dominicans and Haitians as eternal adversaries and ignores cross-border and collaborative histories. This innovative anthology asks large-scale, universal questions regarding historical memory and revisionism that countries around the world grapple with today. "By bringing together in one volume poetry, visual arts, literary analysis, in-depth interviews and historical analysis this volume will provide its readers with a comprehensive view of the causes and the aftermath of the massacre." —Ramón Antonio Victoriano-Martínez, University of British Columbia Contributions by Julia Alvarez, Amanda Alcántara, DeAndra Beard, Nancy Betances, Jésula Blanc, Matías Bosch Carcuro, Cynthia Carrión, Raj Chetty, Catherine DeLaura, Magaly Colimon, Juan Colón, Robin Maria DeLugan, Lauren Derby, Rosa Iris Diendomi Álvarez, Polibio Díaz, Rana Dotson, Rita Dove, Rhina P. Espaillat, Maria Cristina Fumagalli, Saudi García, Scherezade García, Juan Carlos González Díaz, Kiran C. Jayaram, Pierre Michel Jean, Nehanda Loiseau Julot, Jake Kheel, Carlos Alomia Kollegger, Jackson Lorrain “Jhonny Rivas”, Radio Marién, Padre Regino Martínez Bretón, Sophie Maríñez, April J. Mayes, Jasminne Mendez, Komedi Mikal PGNE, Osiris Mosquea, Megan Jeanette Myers, Rebecca Osborne, Ana Ozuna, Edward Paulino, John Presimé, Laura Ramos, Amaury Rodríguez, Doña Carmen Rodríguez de Paulino, The DREAM Project, Silvio Torres-Saillant, Ilses Toribio, Deisy Toussaint, Évelyne Trouillot, Richard Turits, William Vazquez, Chiqui Vicioso, Bridget Wooding, and Óscar Zazo.
Self-Service Data Analytics and Governance for Managers
by Nathan E. Myers Gregory KoganProject governance, investment governance, and risk governance precepts are woven together in Self-Service Data Analytics and Governance for Managers, equipping managers to structure the inevitable chaos that can result as end-users take matters into their own hands Motivated by the promise of control and efficiency benefits, the widespread adoption of data analytics tools has created a new fast-moving environment of digital transformation in the finance, accounting, and operations world, where entire functions spend their days processing in spreadsheets. With the decentralization of application development as users perform their own analysis on data sets and automate spreadsheet processing without the involvement of IT, governance must be revisited to maintain process control in the new environment. In this book, emergent technologies that have given rise to data analytics and which form the evolving backdrop for digital transformation are introduced and explained, and prominent data analytics tools and capabilities will be demonstrated based on real world scenarios. The authors will provide a much-needed process discovery methodology describing how to survey the processing landscape to identify opportunities to deploy these capabilities. Perhaps most importantly, the authors will digest the mature existing data governance, IT governance, and model governance frameworks, but demonstrate that they do not comprehensively cover the full suite of data analytics builds, leaving a considerable governance gap. This book is meant to fill the gap and provide the reader with a fit-for-purpose and actionable governance framework to protect the value created by analytics deployment at scale. Project governance, investment governance, and risk governance precepts will be woven together to equip managers to structure the inevitable chaos that can result as end-users take matters into their own hands.
Donald Davidson's Triangulation Argument: A Philosophical Inquiry (Routledge Studies in Twentieth-Century Philosophy)
by Robert H. Myers Claudine VerheggenAccording to many commentators, Davidson’s earlier work on philosophy of action and truth-theoretic semantics is the basis for his reputation, and his later forays into broader metaphysical and epistemological issues, and eventually into what became known as the triangulation argument, are much less successful. This book by two of his former students aims to change that perception. In Part One, Verheggen begins by providing an explanation and defense of the triangulation argument, then explores its implications for questions concerning semantic normativity and reductionism, the social character of language and thought, and skepticism about the external world. In Part Two, Myers considers what the argument can tell us about reasons for action, and whether it can overcome skeptical worries based on claims about the nature of motivation, the sources of normativity and the demands of morality. The book reveals Davidson’s later writings to be full of innovative and important ideas that deserve much more attention than they are currently receiving.
Death and a Maiden: Infanticide and the Tragical History of Grethe Schmidt
by William David MyersOn the feast of St. Michael, September 1659, a thirteen-year-old peasant girl left her familyÆs rural home to work as a maid in the nearby city of Braunschweig. Just two years later, Grethe Schmidt found herself imprisoned and accused of murdering her bastard child, even though the fact of her pregnancy was inconclusive and no infantÆs body was found to justify the severe measures used against her. The tale spiraled outward to set a defense lawyer and legal theorist against powerful city magistrates and then upward to a legal contest between that city and its overlord, the Duchy of Brunswick, with the cityÆs independence and ancient liberties hanging in the balance.Death and a Maiden tells a fascinating story that begins in the bedchamber of a house in Brunswick and ends at the court of Duke Augustus in the city of Wolfenb\u00fcttel, with political intrigue along the way. After thousands of pages of testimony and rancorous legal exchange, it is still not clear that any murder happened.Myers infuses the story of GretheÆs arrest, torture, trial, and sentence for \u201csuspected infanticide,\u201d with a detailed account of the workings of the criminal system in continental Europe, including the nature of interrogations, the process of torture, and the creation of a \u201ccriminal\u201d identity over time. He presents an in-depth examination of a criminal system in which torture was both legal and an important part of criminal investigations. This story serves as a captivating slice of European history as well as a highly informative look at the condition of poor women and the legal system in mid-17th century Germany. General readers and scholars alike will be riveted by GretheÆs ordeal.
The Antarctic Treaty System: Politics, Law, And Diplomacy
by Jeffrey D MyhreBecause negotiations for the Antarctic Treaty were kept secret, the issues that shaped the treaty system have been poorly understood. Dr. Myhre breaks new ground by examining the records of the first Antarctic Treaty Consultative Meetings and evaluating the events of the Special Consultative Meetings on Antarctic Mineral Resources. Introducing the reader to Antarctic politics, Dr. Myhre examines legal and political problems arising from some nations' claims to sovereignty in Antarctica, reviews initial efforts to create an international administration for the region, and studies in detail the terms of the treaty and the rules of procedure for the consultative meetings. Turning to the diplomatic events that molded the treaty system, he concentrates on the issues that emerged in the 1960s: conservation, the role of Meetings of Experts, the position of the Scientific Committee on Antarctic Research within the treaty system, the obligations of acceding states to uphold previous agreements, and the Consultative Powers' failure to establish an Antarctic Secretariat. Finally, he reviews the two main challenges to the system's survival—mineral extraction and Third World opposition to the present structure.
Persuasion and Legal Reasoning in the ECtHR Rulings: Balancing Impossible Demands
by Aleksandra Mężykowska Anna Młynarska-SobaczewskaThis book analyses the case law of the European Court of Human Rights (ECtHR) from the point of view of argumentative tools used by the Court to persuade the audience – States, applicants and public opinion – of the correctness of its rulings. The ECtHR judgments selected by the authors concern justification of some of the most difficult issues. These are matters related to human life, human dignity and the right to self-determination in matters concerning one's private life. The authors looked for paths and repetitive patterns of argumentation and divided them into three categories of argumentative tools: authority, deontological and teleological. The work tracks how ECtHR judges aim to find a consensual, universal, and at the same time pragmatic and axiologically neutral narrative, on the collisions of rights and interests in the areas under discussion. It analyses whether the voice of the ECtHR carries the overtones of an ethical statement and, if so, to which arguments it appeals. The book will be of interest to academics and researchers working in the areas of jurisprudence, human rights law, and law and language.