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Perpetrators of Mass Atrocities: Terribly and Terrifyingly Normal?
by Alette SmeulersThe 9/11 attacks, as well as the ones in Madrid, London, Paris and Brussels; the genocides in Nazi Germany, Rwanda and Cambodia; the torture in dictatorial regimes; the wars in former Yugoslavia, Syria and Iraq and currently in Ukraine; the sexual violence during periods of conflict, all make us wonder: why would anyone do something like that? Who are these people? Drawing on 30 years of research, in this book Alette Smeulers explores the perpetrators of mass atrocities such as war crimes, crimes against humanity, genocide and terrorism. Examining questions of why people kill and torture and how mass atrocities can be explained, Smeulers presents a typology of perpetrators, with different ranks, roles and motives. Devoting one chapter to each type of perpetrator, the book combines insights from academic research with illustrative case studies of well-known perpetrators, from dictators to middlemen, to lower ranking officials and terrorists. Their stories are explored in depth as the book examines their behaviour and motivation. Perpetrators of Mass Atrocities thus provides a comprehensive understanding of the causes of extreme mass violence. Such knowledge not only can help the international criminal justice system to be able to attribute blame in a fairer way but can also assist in preventing such atrocities being committed on the current scale. Perpetrators of Mass Atrocities is essential reading for all those interested in war crimes, genocide, terrorism and mass violence
Persecution, International Refugee Law and Refugees: A Feminist Approach (Law and Migration)
by Mathilde CrépinThis book explores the ambit of the notion of persecution in international law and its relevance in the current geopolitical context, more specifically for refugee women. The work analyses different models for interpreting the notion of persecution in international refugee law through a comparative lens. In particular, a feminist approach to refugee law is adopted to determine to what extent the notion of persecution can apply to gender related forms of violence and what are the challenges in doing so. It proposes an interpretive model that would encourage decision makers to interpret the notion of persecution in a manner that is sufficiently protective and relevant to the profiles of refugees in the 21st century, most particularly to refugee women. The book will be of interest to academics and students in the field of public international law, international human rights law, international humanitarian law, immigration law, European law, and refugee law as well as those working in the areas of international relations.
Persisters and Desisters in Crime from Adolescence into Adulthood: Explanation, Prevention and Punishment
by Machteld Hoeve Peter H. LaanToo many juvenile delinquents persist in their offending into adulthood. They constitute a major burden for individual victims, for businesses and the justice system, all contributing to the total cost of crime for society. Focusing on the transition between juvenile offending and adult crime, this book examines research based on Dutch, European and North-American studies on the persistence and discontinuity of offending between late adolescence and early adulthood. Presenting empirical studies showing why persistence or discontinuity take place, the book provides up-to-date information on preventive and remedial interventions to promote discontinuity of offending amongst young adults. From the same team who produced 'Tomorrow's Criminals', this book will be a valuable resource for criminologists, criminal justice professionals, psychologists, sociologists, and psychiatrists interested in juvenile and young adult offenders, as well as those interested in what makes career criminals and youth who reform.
Person, Polis, Planet: Essays in Applied Philosophy
by David Schmidtz<p>This volume collects thirteen of David Schmidtz's essays on the question of what it takes to live a good life, given that we live in a social and natural world. Part One defends a non-maximizing conception of rational choice, explains how even ultimate goals can be rationally chosen, defends the rationality of concern and regard for others (even to the point of being willing to die for a cause), and explains why decision theory is necessarily incomplete as a tool for addressing such issues. <p>Part Two uses the tools of analytic philosophy to explain what we can do to be deserving ,what is wrong with the idea that we ought to do as much good as we can, why mutual aid is good, but why the welfare state does not work as a way of institutionalizing mutual aid, and why transferring wealth from those who need it less to those who need it more can be a bad idea even from a utilitarian perspective. Most ambitiously, Part Two offers an overarching, pluralistic moral theory that defines the nature and limits of our obligations to each other and to our individual selves. <p>Part Three discusses the history and economic logic of alternative property institutions, both private and communal, and explains why economic logic is an indispensable tool in the field of environmental conflict resolution. In the final essay, Schmidtz brings the volume full circle by considering the nature and limits of our obligations to nonhuman species, and how the status of nonhuman species ought to enter into our deliberations about what sort of life is worth living.</p>
Person, Thing, Robot: A Moral and Legal Ontology for the 21st Century and Beyond
by David J. GunkelWhy robots defy our existing moral and legal categories and how to revolutionize the way we think about them.Robots are a curious sort of thing. On the one hand, they are technological artifacts—and thus, things. On the other hand, they seem to have social presence, because they talk and interact with us, and simulate the capabilities commonly associated with personhood. In Person, Thing, Robot, David J. Gunkel sets out to answer the vexing question: What exactly is a robot? Rather than try to fit robots into the existing categories by way of arguing for either their reification or personification, however, Gunkel argues for a revolutionary reformulation of the entire system, developing a new moral and legal ontology for the twenty-first century and beyond.In this book, Gunkel investigates how and why efforts to use existing categories to classify robots fail, argues that &“robot&” designates an irreducible anomaly in the existing ontology, and formulates an alternative that restructures the ontological order in both moral philosophy and law. Person, Thing, Robot not only addresses the issues that are relevant to students, teachers, and researchers working in the fields of moral philosophy, philosophy of technology, science and technology studies (STS), and AI/robot law and policy but it also speaks to controversies that are important to AI researchers, robotics engineers, and computer scientists concerned with the social consequences of their work.
Person-centred Health Care: Balancing the Welfare of Clinicians and Patients (Routledge Advances in the Medical Humanities)
by Stephen BuetowPerson-centred health care is increasingly endorsed as a key element of high-quality care, yet, in practice, it often means patient-centred health care. This book scrutinizes the principle of primacy of patient welfare, which, although deeply embedded in health professionalism, is long overdue for critical analysis and debate. It appears incontestable because patients have greater immediate health needs than clinicians and the patient-clinician encounter is often recognized as a moral enterprise as well as a service contract. However, Buetow argues that the implication that clinician welfare is secondary can harm clinicians, patients and health system performance. Revaluing participants in health care as moral equals, this book advocates an ethic of virtue to respect the clinician as a whole person whose self-care and care from patients can benefit both parties, because their moral interests intertwine and warrant equal consideration. It then considers how to move from values including moral equality in health care to practice for people in their particular situations. Developing a genuinely inclusive concept of person-centred care – accepting clinicians as moral equals – it also facilitates the coalescence of patient-centred care and evidence-based health care. This reflective and provocative work develops a constructive alternative to the taken-for-granted principle of primacy of patient welfare. It is of interest to students and academics in the health and caring sciences, philosophy, ethics, medical humanities and health management.
Personal Autonomy and Social Oppression: Philosophical Perspectives (Routledge Studies in Contemporary Philosophy)
by Marina A.L. OshanaPersonal Autonomy and Social Oppression addresses the impact of social conditions, especially subordinating conditions, on personal autonomy. The essays in this volume are concerned with the philosophical concept of autonomy or self-governance and with the impact on relational autonomy of the oppressive circumstances persons must navigate. They address on the one hand questions of the theoretical structure of personal autonomy given various kinds of social oppression, and on the other, how contexts of social oppression make autonomy difficult or impossible.
Personal Autonomy in Plural Societies: A Principle and its Paradoxes (Law and Anthropology)
by Alison Dundes Renteln Marie-Claire Foblets Michele GraziadeiThis volume addresses the exercise of personal autonomy in contemporary situations of normative pluralism. In the Western liberal tradition, from a strictly legal and theoretical perspective the social individual has the right to exercise the autonomy of his or her will. In a context of legal plurality, however, personal autonomy becomes more complicated. Can and should personal autonomy be recognized as a legal foundation for protecting a person’s freedom to renounce what others view as his or her fundamental ‘human rights’? This collection develops an interdisciplinary conceptual framework to address these questions and presents empirical studies examining the gap between the principle of personal autonomy and its implementation. In a context of cultural diversity, this gap manifests itself in two particular ways. First, not every culture gives the same pre-eminence to personal autonomy when examining the legal effects of an individual’s acts. Second, in a society characterized by ‘weak pluralism’, the legal assessment of personal autonomy often favours the views of the dominant majority. In highlighting these diverse perspectives and problematizing the so-called ‘guardian function’ of human rights, i.e., purporting to protect weaker parties by limiting their personal autonomy in the name of gender equality, fair trial, etc., this book offers a nuanced approach to the principle of autonomy and addresses the questions of whether it can effectively be deployed in situations of internormativity and what conditions must be met in order to ensure that it is not rendered devoid of all meaning.
Personal Bankruptcy (2nd edition)
by Stephen R. EliasThis convenient personal bankruptcy kit provides step-by-step instructions and all the forms necessary to file for Chapter 7 bankruptcy. It explains how to: * assess the short and long-term effects of bankruptcy * obtain an "automatic stay" to keep creditors at bay * cancel or reschedule debts * appear in bankruptcy court * decide whether to see a lawyer and more. This second edition has been completely revised and updated. Good in all 50 states.
Personal Data in Competition, Consumer Protection and Intellectual Property Law: Towards A Holistic Approach? (Mpi Studies On Intellectual Property And Competition Law Ser. #28)
by Mor Bakhoum Beatriz Conde Gallego Mark-Oliver Mackenrodt Gintarė Surblytė-NamavičienėThis book analyses the legal approach to personal data taken by different fields of law. An increasing number of business models in the digital economy rely on personal data as a key input. In exchange for sharing their data, online users benefit from personalized and innovative services. But companies’ collection and use of personal data raise questions about privacy and fundamental rights. Moreover, given the substantial commercial and strategic value of personal data, their accumulation, control and use may raise competition concerns and negatively affect consumers. To establish a legal framework that ensures an adequate level of protection of personal data while at the same time providing an open and level playing field for businesses to develop innovative data-based services is a challenging task.With this objective in mind and against the background of the uniform rules set by the EU General Data Protection Regulation, the contributions to this book examine the significance and legal treatment of personal data in competition law, consumer protection law, general civil law and intellectual property law. Instead of providing an isolated analysis of the different areas of law, the book focuses on both synergies and tensions between the different legal fields, exploring potential ways to develop an integrated legal approach to personal data.
Personal Debt in Europe: The EU Financial Market and Consumer Insolvency
by Daniela Vandone Federico FerrettiPersonal debt remains an important factor in many economic models because it encourages people to use debt to finance consumption. Whether this model is sustainable for individuals or the countries in which they reside is an ongoing question of great complexity and many social and economic implications, not only for the burdened individuals and their countries, but also for the EU as a whole. In Personal Debt in Europe, Federico Ferretti and Daniela Vandone examine the 'dark side' of personal debt, or over-indebtedness, in social and economic terms. They employ cross-country consumer-level data to present the latest empirical studies on the problem, analyse these findings to better understand its nature and causes, and discuss the merits of proposed insolvency legislation and harmonisation initiatives in the EU.
Personal Destinies: A Philosophy of Ethical Individualism
by David L. NortonWhat is the meaning of life? Modern professional philosophy has largely renounced the attempt to answer this question and has restricted itself to the pursuit of more esoteric truths. Not so David Norton. <p><p>Following in the footsteps of Plato and Aristotle, Kierkegaard and Nietzsche, Jung and Maslow, he sets forth a distinctive vision of the individual's search for his place in the scheme of things. Norton's theory of individualism is rooted in the eudaimonistic ethics of the Creeks, who viewed each person as innately possessing a unique potential it was his destiny to fulfill. Very much the same idea resurfaced in modern times with the British idealists and Continental existentialists. <p><p>The author reviews these antecedents, showing how his theory differs from those of his predecessors. After a fascinating chapter on "The Stages of Life," Norton shows how the mature consciousness of one's destiny leads to direct, intimate knowledge of other persons, and how this in turn provides the basis for social morality. The conception of justice in which this theory culminates, rooted as it is in essential human differences, provides a challenging alternative to the much-discussed theories of Rawls and Nozick.
Personal Effects
by Marissa PiesmanNina Fischman has dated plenty of life's losers, but she has always steered clear of actual crazed killers. Unfortunately, the same can't be said of Nina's friend Susan, whose habit of making bad choices in the Man Department has turned deadly. Unfortunately, Susan left few clues about her final, fatal date: all Nina knows about him is that he wears contact lenses, likes to hike, and reads the New York magazine personals column. To catch the killer, the cops agree to provide back-up while Nina supplies the bait, in the form of a hike-happy personals ad.
Personal Foul: Coach Joe Moore vs. The University of Notre Dame
by Richard LiebermanIt was bad enough when popular offensive line coach Joe Moore sued the University of Notre Dame for age discrimination--but matters got much worse when the lawsuit uncovered disquieting evidence of unethical and inappropriate conduct in a football program widely regarded as a model of probity. This is the dramatic story of that explosive lawsuit, which tarnished Notre Dame's burnished football image: the winner of eleven national titles; the home of legends Knute Rockne, the Gipper and the Four Horsemen; the subject of innumerable books and films--Notre Dame football has been idealized as everything that is good and right about American sports competition and, indeed, about America itself. This riveting story begins in November 1996, when Bob Davie is hired as head coach to replace the beloved Lou Holtz. In one of his first-and most fateful-executive decisions, Davie fires 64 year old Joe Moore because--as Davie puts it--he needs someone younger for the job. Attorney Rick Lieberman takes on Joe Moore's case and in this absorbing book he describes the trial and the enormous tensions to which litigants like Joe Moore are subject. This is a David and Goliath story in which the Notre Dame attorneys attempt to destroy Joe Moore's reputation as both a coach and a man. In the process, Davie's own background comes under close scrutiny as a reporter's investigation reveals some damning evidence. And as the trial proceeds, Notre Dame's football program is shown to be rife with legal improprieties and inappropriate behavior involving both coaches and administrators. Anyone interested in sports, in the law, in stories of blatant injustice--and in Notre Dame--will find Personal Foul a fascinating, revealing and memorable read.
Personal Genome Medicine: The Legal and Regulatory Transformation of US Medicine
by Michael J. MalinowskiIn the years following FDA approval of direct-to-consumer, genetic-health-risk testing, millions of people in the United States have sent their DNA to companies to receive personal genetic health risk information without physician or other learned medical professional involvement. In Personal Genome Medicine, Michael J. Malinowski examines the ethical, legal, and social implications of this development. Drawing from the past and present of medicine in the U.S., Malinowski applies law, policy, public and private sector practices, and governing norms to analyze the commercial personal genome sequencing and testing sectors and to assess their impact on the future of U.S. medicine. Written in relatable and accessible language, the book also proposes regulatory reforms for government and medical professionals that will enable technological advancements while maintaining personal and public health standards.
Personal Identification: Modern Development and Security Implications
by David J. HaasPersonal Identification: Modern Development and Security Implications, Second Edition explains how personal identification – and REAL ID – became part of the American fabric along with their past century’s historical ID development. The development of the “trusted and secure” personal identification documents began with passports and has continued as social changes made IDs more essential. This book describes the convergence of technologies and hundreds of patents that produced our “trusted and secure” documents and IDs from our past right up through to today.Key factors, that created today’s need for public-issued mass ID, are addressed: Chronicles the effects of large and mobile populations beginning a century ago Chronicles the effects of “impersonal” electronic & computer communications at a distance, and not face-to-face The distribution of services and money by government agencies based on a person’s identity – including “age” and “group” criteria Describes recent national security and terrorism concerns that necessitates the need to know: “You are who you say you are.” Personal identification documents (IDs) and the societal need for “trusted” identification by the public is a relatively new social phenomenon. In 1900, most people did not need or have any IDs until passports, with a photograph of the individual, became mandatory when Great Britain entered World War I in 1914. In the United States, the State-issued driver’s license is probably the only trusted ID in one’s wallet today, but they became “trusted and secure” documents only recently with the requirement for REAL ID. With the first photo driver’s license issued by the State of Colorado in 1959, it took until 1984 for the last State (New York, 25 years later) to comply.As a direct result of 9/11, where terrorists used fake driver’s licenses to board planes, Congress passed the Real ID Act in 2005 to make all State-issued driver’s licenses more trusted, uniform, and tamper-resistant – what is now called the Enhanced Driver’s License with non-drivers being issued Enhanced Identification Cards. And with this, every US citizen can now possess a trusted and secure personal identification document.Personal Identification, Second Edition chronicles the path of personal identification measures – including the latest developments of Real ID. Scholars and professional security managers understand that stability, security, and safety necessitate these identity measures to ensure a safer America. The book explains the various stages and advances, providing readers with a unique study of this fascinating history of the relationship between identity and the means by which one validates and proves their own identity. The enactment of the REAL ID Act of 2005, with more secure and tamper-resistant documents for each citizen of the United States, is being instituted so that one can trust: “you are who you say you are.” The State-issued driver’s license is not a National ID Card – it is a Nationally Recognized ID for each citizen.
Personal Identity and Fractured Selves: Perspectives from Philosophy, Ethics, and Neuroscience
by Debra J. H. Mathews, Hilary Bok, and Peter V. RabinsThis book brings together some of the best minds in neurology and philosophy to discuss the concept of personal identity and the moral dimensions of treating brain disease and injury. The contributors engage a crucial question: When an individual’s personality changes radically because of disease or injury, should this changed individual be treated as the same person?Rapid advances in brain science are expanding knowledge of human memory, emotion, and cognition and pointing the way toward new approaches for the prevention and treatment of devastating illnesses and disabilities. Through case studies of Alzheimer disease, frontotemporal dementia, deep brain stimulation, and steroid psychosis, the contributors highlight relevant ethical and social concerns that clinicians, researchers, and ethicists are likely to encounter. Personal Identity and Fractured Selves represents the first formal collaboration between the Brain Sciences Institute and the Berman Institute of Bioethics, both at the Johns Hopkins University. The book asks neuroscientists and philosophers to address important questions on the topic of personal identity in an effort to engage both fields in fruitful conversation. Contributors: Samuel Barondes, M.D., University of California, San Francisco; David M. Blass, M.D., Johns Hopkins University School of Medicine; Patrick Duggan, A.B., Johns Hopkins Berman Institute of Bioethics; Ruth R. Faden, Ph.D., M.P.H., Johns Hopkins Berman Institute of Bioethics; Michael S. Gazzaniga, Ph.D., University of California, Santa Barbara; Guy M. McKhann, M.D., Johns Hopkins University School of Medicine; John Perry, Ph.D., Stanford University; Carol Rovane, Ph.D., Columbia University; Alan Regenberg, M.Be., Johns Hopkins Berman Institute of Bioethics; Marya Schechtman, Ph.D., University of Illinois at Chicago; Maura Tumulty, Ph.D., Colgate University
Personal Identity and the European Court of Human Rights (Routledge Studies in Law and Humanity)
by Jill MarshallIn this new and burgeoning field in legal and human rights thought, this edited collection explores, by reference to applied philosophy and case law, how the European Court of Human Rights (ECtHR) has developed and presented a right to personal identity, largely through interpretation of Article 8 of the European Convention on Human Rights. Divided into three parts, the collection interrogates: firstly, the construction of personal identity rights at the ECtHR; secondly, whose identity rights are protected; and thirdly, the limits of identity rights. The collection is the first in the Routledge Studies in Law and Humanity series. Contributions from nine leading and emerging legal scholars from the UK, Ireland and continental Europe explore how the right has developed, rights to identity and marriage, LGBTI+, persons with disabilities, religious and cultural issues and critical perspectives on the social construction and framing of the right. The collection is primarily aimed at scholars and advanced students, particularly of human rights law and its theory, Jurisprudence and Philosophy of Law, and those interested in ECtHR jurisprudence, and those interested in the connection between theories of inclusion, belonging and rights, including human rights lawyers.
Personal Injuries
by Scott TurowA compelling and convincing account of a long-term government-run sting operation.
Personal Injury Forms: Discovery & Settlement
by John Tarantino Ronald BankstronKeep your cases moving forward. Establishing proven routines for processing your tort cases can boost your efficiency and your effectiveness. Tools for systematizing your caseload may be found in Ron Bankston and John Tarantino's Personal Injury Forms: Discovery & Settlement. Faster Settlements This book and disc package offers time-tested forms and advice on how to use them. The first half of the book focuses on tools applicable to all types of personal injury litigation; the second half covers the following types of cases: Auto accidents Insurance bad faith Liquor liability Medical malpractice Police assault & battery Premises security Products liability Slip & fall Workers' compensation And more In personal injury litigation, mismanagement and inefficiency often plague the early phases of case development. Over 300 carefully selected forms, checklists, questionnaires, complaints, and memoranda will help you organize and economize your personal injury work. Improve the speed and effectiveness of your intake, investigation, pleading, discovery, and settlement with these practice-proven tools: Model interrogatories Deposition checklists Interview questionnaires Case evaluation checklists Client, witness and expert letters Sample complaints Memoranda Motions Settlement letters The authors' years of experience have yielded practical advice and techniques for overcoming common problems. Troublesome issues are analyzed with case authority, and case-specific liability hurdles are tackled. The following are just a few of the helpful tips you will learn from Personal Injury Forms: How to spot clients who are likely to be difficult ... before they cause you problems. Section 115 Understanding which cases not to accept. Section 116 Discovery motions help you move around common obstacles. Section 753 How to refute defense claims of malingering. Section 118 Model client letters and attachments, like a "what to expect" letter with a special damages record, improve client communication and encourage client assistance. Section 133 Keep your cases moving forward. Establishing proven routines for processing your tort cases can boost your efficiency and your effectiveness. Tools for systematizing your caseload may be found in Ron Bankston and John Tarantino's Personal Injury Forms: Discovery & Settlement.
Personal Injury Handbook
by Larry BoothPersonal Injury Handbook As insurers grow more miserly, it is more important than ever to carefully select, investigate, prepare, and prosecute your cases. Larry and Roger Booth's Personal Injury Handbook is loaded with valuable practice aids and tips that will help you maximize the value of each of your cases. You receive over 140 forms and 60 checklists specific to 14 types of cases: * Motor vehicle accidents * Railroad crossing accidents * Premises liability * Premises security * Construction site accidents * Electrocution accidents * Dog bites * Collisions with livestock * Products liability * Auto crashworthiness * Medical malpractice * Sexual molestation * Insurance bad faith * Industrial equipment
Personal Injury and Damage Ascertainment under Civil Law
by Guido Viel Rafael Boscolo-Berto Santo Davide FerraraThis volume serves to provide an international overview of personal injury compensation in different geographical areas (15 countries already included), with a special focus on the methods used to ascertain the injury and the related damages. It also goes on to clarify the logical and methodological steps required for a sequential, in-depth ascertainment of any traumatic event and the related personal damage, both pecuniary and non-pecuniary. Personal injury is a legal term for an injury to thebody, mind or emotions suffered by the plaintiff under tort and/or civil lawregulations. Damages related to the injury can be pecuniary or non-pecuniary innature. Although several comparative studies and research projects on tort andcivil law and personal injury claims aimed at developing new tools forpromoting harmonization of private law have been performed at an internationallevel, heterogeneity and divergences still exist in the definition andcompensation of personal injury and damage across different national legislativesystems. The starting point for any awarding procedure should be a medical, or rather amedico-legal, assessment to gain evidence on the trauma or event causing theinjury, the mechanism of injury, the pre-existing health status of the injuredparty, and the health consequences of the injury (temporary and permanentimpairment, work incapacity, etc. ). In order to pursue the ultimate goal of aninternational harmonization of personal injury compensation, it is of upmostimportance to define the quality requirements for the medico-legalascertainment methodology, which are essential for guaranteeing theobjectivity, rigor, and reproducibility of the data and the evidence collectionprocedure. Currently, there are no supra-national medico-legal guidelines dealingwith the ascertainment methodology of personal injury and damage under tort andcivil law.
Personal Insolvency
by Frank BrumbyThe Pocket Lawyer series is designed for members of the public who want 'how to' guidance in situations that would normally require expert advice.Each title: written by experts in their field contains all the information you need in one book has an accessible and user-friendly layout and structure is supported by a companion website providing free updates and ready-to-use documents and letters
Personal Insolvency Law, Regulation and Policy (Markets and the Law)
by David MilmanAs the radical reforms contained in the Enterprise Act 2002 have come fully on-stream, Personal Insolvency Law has become a major focus of attention. At the same time, all evidence points to increasing levels of personal debt with the consequential rise in bankruptcies. Personal Insolvency Law, Regulation and Policy therefore provides a timely evaluation of the current state of English law in this important area. The volume presents a critical analysis of the regimes of bankruptcy and individual voluntary arrangement in the context of current policy goals. It examines the impact of the Insolvency Act 2000 and the Enterprise Act 2002, and discusses the treatment of bankruptcy within the global economy. The book will be a valuable guide for students and academics engaged in the study of this increasingly important branch of private law. The study will also be of value to practitioners and policy makers.
Personal Law
by Eric L. RichardsInformative overview of personal law issues that are of practical importance in our lives.