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Rethinking Governance in Public Service Outsourcing: Private Delivery in Sustainable Ownership
by Nina BoegerCompelling and robust, this book provides an analysis of challenges in public service outsourcing and considers how to avoid failure in the future. Crucially, it proposes a governance mechanism where outsourcing public services nurtures less extractive and more sustainable corporate organizations that are oriented towards a productive purpose beyond maximising shareholder value, with implications well beyond public services. Under these proposals, supporting firms that are independently and inclusively governed and use profit to pursue purpose can improve both public services and wider economic organisation. The book examines how barriers to implementing this idea within the existing legal framework for public procurement may be addressed, and it formulates actionable policy proposals.
Rethinking Growth
by Walter Baets Erna OldenboomShould we rethink growth? Is the abundance of the western world still ethical? Growth, social responsibility and sustainable development are indeed deeply entangled. This book aims to provide the reader with a transversal, holistic view on these issues, and a real understanding of corporate growth, along withaits possible alternatives.
Rethinking Health Care Ethics
by Stephen Scher Kasia KozlowskaThe goal of this open access book is to develop an approach to clinical health care ethics that is more accessible to, and usable by, health professionals than the now-dominant approaches that focus, for example, on the application of ethical principles. The book elaborates the view that health professionals have the emotional and intellectual resources to discuss and address ethical issues in clinical health care without needing to rely on the expertise of bioethicists. The early chapters review the history of bioethics and explain how academics from outside health care came to dominate the field of health care ethics, both in professional schools and in clinical health care. The middle chapters elaborate a series of concepts, drawn from philosophy and the social sciences, that set the stage for developing a framework that builds upon the individual moral experience of health professionals, that explains the discontinuities between the demands of bioethics and the experience and perceptions of health professionals, and that enables the articulation of a full theory of clinical ethics with clinicians themselves as the foundation. Against that background, the first of three chapters on professional education presents a general framework for teaching clinical ethics; the second discusses how to integrate ethics into formal health care curricula; and the third addresses the opportunities for teaching available in clinical settings. The final chapter, "Empowering Clinicians", brings together the various dimensions of the argument and anticipates potential questions about the framework developed in earlier chapters.
Rethinking Holocaust Justice: Essays across Disciplines
by Norman J. W. GodaSince the end of World War II, the ongoing efforts aimed at criminal prosecution, restitution, and other forms of justice in the wake of the Holocaust have constituted one of the most significant episodes in the history of human rights and international law. As such, they have attracted sustained attention from historians and legal scholars. This edited collection substantially enlarges the topical and disciplinary scope of this burgeoning field, exploring such varied subjects as literary analysis of Hannah Arendt’s work, the restitution case for Gustav Klimt’s Beethoven Frieze, and the ritualistic aspects of criminal trials.
Rethinking Human Enhancement: Social Enhancement and Emergent Technologies
by Laura Y. CabreraThis book discusses three possible human enhancement paradigms and explores how each involves different values, uses of technology, and different degrees and kinds of ethical concerns. A new framework is advanced that promotes technological innovation that serves the improvement of the human condition in a respectful and sustainable way.
Rethinking Human Rights and Global Constitutionalism: From Inclusion to Belonging
by Krivenko Ekaterina YahyaouiAre human rights really a building block of global constitutionalism? Does global constitutionalism have any future in the theory and practice of international law and global governance? This book critically examines these key questions by focusing on the mechanisms utilised by global constitutionalism whilst comparing the historical functioning of constitutional rights in national systems. Yahyaoui Krivenko provides new insights into the workings of human rights and associated notions, such as the state, the political, and the individual, by demonstrating that human rights are antithetical to global constitutionalism and encouraging new discussions on the meaning of global constitutionalism and human rights. Drawing on the interdisciplinary works of such thinkers as Agamben, Luhmann, Bourdieu, Deleuze and Guattari, this book also considers practical examples from historical experience of ancient Greek and early Islamic societies. It will appeal to scholars interested in human rights, international law and critical legal theory.
Rethinking Human Rights and Peace in Post-Independence Timor-Leste Through Local Perspectives (Palgrave Macmillan Studies on Human Rights in Asia)
by Ying Hooi Khoo Antero Benedito da Silva Therese Nguyen Thi Phuong TamThis book offers perspectives from the ground on human rights and peace in Timor-Leste. By highlighting the local voices, this book draws on their experience and expertise in engaging with questions concerning the nexus between human rights, peace and development. It posits that these concepts no longer mean absence of conflict, and argues that sustainable peace must be built from rights frameworks to protect the locals’ interests in the processes. Acknowledging the lack of autonomy on local actors in peace-making contexts, the book emphasizes the urgent need to facilitate the creation of political and social structures that can support and offer contextual rights and dignity for the Timorese community.
Rethinking Incarceration: Advocating For Justice That Restores
by Dominique DuBois GilliardThe United States has more people locked up in jails, prisons, and detention centers than any other country in the history of the world. Mass incarceration has become a lucrative industry, and the criminal justice system is plagued with bias and unjust practices. And the church has unwittingly contributed to the problem. Dominique Gilliard explores the history and foundation of mass incarceration, examining Christianity’s role in its evolution and expansion. He then shows how Christians can pursue justice that restores and reconciles, offering creative solutions and highlighting innovative interventions. The church has the power to help transform our criminal justice system. Discover how you can participate in the restorative justice needed to bring authentic rehabilitation, lasting transformation, and healthy reintegration to this broken system.
Rethinking Indian Jurisprudence: An Introduction to the Philosophy of Law
by Aakash Singh Rathore Garima GoswamyWhat is law? What is the source of law? What is the law for? How does law differ from other norms or codes of conduct? What is the difference between law and morality? Who is obligated to follow the law and why? What is the difference between moral and legal obligation? This book addresses these foundational questions about the law in general, and seeks to reorient our thoughts to the specific nature of law in India, the India of today, and the possible India of the future. This volume: covers relevant foundational elements, concepts and questions of the discipline; brings the uniqueness of Indian Philosophy of Law to the fore; critically analyzes the major theories of jurisprudence; examines legal debates on secularism, rationality, religion, rights and caste politics; and presents useful cases and examples, including free speech, equality and reservation, queer law, rape and security, and the ethics of organ donation. Lucid and accessible, the book will be indispensable to students, teachers and scholars of law, philosophy, politics as well as philosophy of law, sociology of law, legal theory and jurisprudence.
Rethinking Informed Consent in Bioethics
by Neil C. Manson Onora O'NeillManson and O'Neill show why informed consent cannot be fully specific or fully explicit, and why more specific consent is not always ethically better.
Rethinking Informed Consent in the Big Data Age (Routledge Research in Applied Ethics)
by Adam J. AndreottaIn the “big data age”, providing informed consent online has never been more challenging. Countless companies collect and share our personal data through devices, apps, and websites, fuelling a growing data economy and the emergence of surveillance capitalism. Few of us have the time to read the associated privacy policies and terms and conditions, and thus are often unaware of how our personal data are being used. This is a problem, as in the last few years, large tech companies have abused our personal data. As privacy self-management, through the mechanism of providing online consent, has become increasingly difficult, some have argued that surveillance capitalism and the data economy more broadly need to be overthrown.This book presents a different perspective. It departs from the concept of revolutionary change to focus on pragmatic, incremental solutions tailored to everyday contexts. It scrutinises how consent is currently sought and provided online and offers suggestions about how online consent practices can be improved upon. These include the possibility of subjecting consent-gathering practices to ethics committees for review; the creation of visual-based consent agreements and privacy policies to help with transparency and engagement; the development of software to protect privacy; and the idea of automated consent functionalities that allow users to bypass the task of reading vast amounts of online consent agreements. The author suggests that these “small-scale” changes to online consent-obtaining procedures could, if successfully implemented, provide us with a way of self-managing our privacy in a way that avoids a revolutionary dismantling of the data economy. In the process, readers are encouraged to rethink the very purpose of providing informed consent online.Rethinking Informed Consent in the Big Data Age will appeal to researchers in normative ethics, applied ethics, philosophy of law, and the philosophy of AI. It will also be of interest to business scholars, communication researchers, students, and those in industry.
Rethinking Innovation: Alternative Approaches for People and Planet
by Richard Owen Sarah Hartley Katie LedinghamInnovation is changing. Traditionally viewed as a tool for financial return and market growth, there is mounting pressure to rethink and reframe the theory and practice of innovation for the pressing sustainability and inequality challenges of our era. This textbook provides students with a research-informed dive into the emerging space of innovation for systems/transformative change. Combining real-world case studies with interdisciplinary theory, it shows how and why innovation for urgent global challenges requires a systems-based approach. Relevant for students and instructors of business and management, particularly innovation studies, development studies and related fields, this book is the first to provide a comprehensive, interdisciplinary and research-informed overview of alternative approaches to innovation focused on systemic change.
Rethinking Internal Displacement: Geo-political Games, Fragile States and the Relief Industry (Humanitarianism and Security #1)
by Frederick LakerInternal displacement has become one of the most pressing geo-political concerns of the twenty-first century. There are currently over 45 million internally displaced people worldwide due to conflict, state collapse and natural disaster in such high profile cases as Syria, Yemen and Iraq. To tackle such vast human suffering, in the last twenty years a global United Nations regime has emerged that seeks to replicate the long-established order of refugee protection by applying international law and humanitarian assistance to citizens within their own borders. This book looks at the origins, structure and impact of this new UN regime and whether it is fit for purpose.
Rethinking International Law and Justice (Law, Ethics And Governance Ser.)
by Charles Sampford Spencer ZifcakGeneral principles of law have made, and are likely further to make, a significant contribution to our understanding of the constituent elements of global justice. Dealing extensively with global headline issues of peace, security and justice, this book explores justice arising in specific areas of international law, as well as underlying theories of justice from political science and international relations. With contributions from leading academics and practitioners, the book adopts an interdisciplinary approach. Covering issues such as international humanitarian law, and examining the significance of non-state actors for the development of international law, the collection concludes with the complex question of how best to rethink aspects of international justice. The lessons derived from this research will have wide implications for both developed and emerging nation-states in rethinking sensitive issues of international law and justice. As such, this book will be of interest to academics and practitioners interested in international law, environmental law, human rights, ethics, international relations and political theory.
Rethinking Investor-State Arbitration (Studies in European Economic Law and Regulation #27)
by Flavia MarisiA significant increase in investor-State arbitration cases has been observed since the 2000s. The trust placed by investors and States in this method of dispute resolution stems from several strengths. In addition to its neutrality, one of the primary reasons for its widespread use is its adaptability, enabling it to address specific challenges that have emerged in recent decades. The following elements highlight this adaptability: the arbitration procedure can be customised to meet the specific needs of the disputing parties and stakeholders involved. It effectively responds to evolving cultural norms and ethical considerations, such as diversity, gender representation, corporate social responsibility, environmental issues, and human rights. Moreover, it can adapt to global health crises by facilitating online hearings. Finally, during times of international armed conflict, economic exchanges, trade, investment, and investor-State dispute settlement foster economic integration and interdependence, contributing to maintaining commercial peace and supporting international peace and security.However, investor-State arbitration has sparked vigorous debates, with many advocating for reform in three crucial aspects: transparency, legitimacy, and consistency. Multilateral negotiations are currently underway on various fronts, including the negotiation of more sustainable investment treaties, amendments to institutional arbitral rules, the design of a multilateral investment court, and the development of enhanced policy frameworks.This book delves into the history of investor-State dispute resolution to provide readers with an understanding of how its main features have evolved over time. It examines the most intensely debated procedural issues, analyses their multifaceted characteristics, reviews the complex relationship between investor-State arbitration and the European Union, and explores potential options for addressing stakeholder concerns.
Rethinking Job Security: A Comparative Analysis of Unfair Dismissal Law in the UK, Australia and the USA (Studies in Modern Law and Policy)
by Joanna HoweThis book critically examines the proper role of the law in protecting job security in the contemporary workplace. It provides a historical, theoretical, practical and comparative perspective on this under-researched, but fundamentally important, legal mechanism at a time when the pressure to deregulate and dilute worker-protective laws has taken on increased importance. The volume critically analyses both statute and case law from three advanced industrialised liberal democracies with a common law foundation, the UK, Australia and the USA, to understand the extent to which job security is realised. By applying a common approach and a conceptual framework that emphasises the complex relationships between law, the economy and society to analyse a series of national studies, the book is also designed to draw upon the insights of comparative analysis to deepen our understanding of the limits and possibilities of legal regulation of job security. The national case studies are supplemented by research that focuses on how supra-national organisations have sought both to develop and disseminate new legal norms around the practices and processes of dismissal. This study critically analyses and assesses the adequacy of the international regulatory framework for protecting the rights of employees in the dismissal process.
Rethinking Judicial Power in Papua New Guinea: A Mandate for Activism in a Transformative Constitution
by Bal KamaThis book examines the role and nature of the judiciary in Papua New Guinea (PNG), the first comprehensive study since the country's independence in 1975. It challenges the traditional view of the judiciary as solely a legal entity, arguing for its broader social and political functions. Critiquing assumptions inherited from British and Australian colonial thinking, it discusses how decolonisation has redefined judicial power, enabling courts to have a more transformative role. Introducing transformative constitutionalism into Australian-Pacific legal thinking, the book argues that PNG has a transformative constitution defined by its intent for reform, extensive Charter of Rights, and a liberal judiciary—features not found in other Pacific constitutions. Given the region's challenges such as corruption, political instability, and climate change, the book advocates for a more proactive role for the judiciary. It proposes a re-evaluation of the classical tripartite doctrine of separation of powers, advocating for a quadripartite model in PNG where the judiciary has a broader reformative function and the independent constitutional institutions constitute a fourth arm of government. This work makes important contributions to understandings of judicial power and constitutional law as well as other fields including comparative constitutional studies, legal history and decolonial scholarship.
Rethinking Juvenile Justice
by Elizabeth S. Scott Laurence SteinbergWhat should we do with teenagers who commit crimes? In this book, two leading scholars in law and adolescent development argue that juvenile justice should be grounded in the best available psychological science, which shows that adolescence is a distinctive state of cognitive and emotional development. Although adolescents are not children, they are also not fully responsible adults.
Rethinking Labour-Management Relations: The Case for Arbitration (Routledge Revivals)
by Christopher J. Bruce Jo Carby-HallFirst published in 1991, Rethinking Labour-Management Relations explores how the contemporary system of industrial relations developed and outlines proposals for a better alternative. The book examines the positives and negatives of three systems of industrial relations: a freely operating market for labour where workers bargain individually with employers; a strike-based system of collective bargaining; and, a compulsory arbitration system. It discusses how the strike replaced individual bargaining, highlighting the deficiencies in these respective systems and presenting arbitration as the more efficient and effective way of settling disputes. In doing so, the book emphasises the role of the parties involved in finding solutions and considers how government intervention could be kept to a minimum. Exploring a wealth of literature relating to compulsory arbitration systems around the world and formulating a set of criteria for establishing the best possible form of arbitration, Rethinking Labour-Management Relations will appeal to those with an interest in the history of trade union theory, public policy, and labour law.
Rethinking Law (Boston Review / Forum)
by Amy KapczynskiSome of today&’s top legal thinkers consider the ways that legal thinking has bolstered—rather than corrected—injustice.Bringing together some of today&’s top legal thinkers, this volume reimagines law in the twenty-first century, zeroing in on the most vibrant debates among legal scholars today. Going beyond constitutional jurisprudence as conventionally understood, contributors show the ways in which legal thinking has bolstered rather than corrected injustice. If conservative approaches have been well served by court-centered change, contributors to Rethinking Law consider how progressive ones might rely on movement-centered, legislative, and institutional change. In other words, they believe that the problems we face today are vastly bigger than can be addressed by litigation. The courts still matter, of course, but they should be less central to questions about social justice. Contributors describe how constitutional law supported a system of economic inequality; how we might rethink the First Amendment in the age of the internet; how deeply racial bias is embedded in our laws; and what kinds of changes are necessary. They ask which is more important: the laws or how they are enforced? Rethinking Law considers these questions with an eye toward a legal system that truly supports a just society. Contributors include Jedediah Purdy, David Grewal, Jamal Greene, Reva Siegel, Jocelyn Simonson, Aziz Rana
Rethinking Law as Process: Creativity, Novelty, Change
by James MacLeanFirst published in 2013. Routledge is an imprint of Taylor & Francis, an informa company.
Rethinking Leadership: A Human Centered Approach to Management Ethics (Human Centered Management)
by Roland BardyLeadership, corporate responsibility and management ethics underline the human centered paradigm in the complex world of today. One major issue in management is impact on people. This book relates to the outcomes of human interaction within and beyond the borders of an organization. It discusses what motivates moral behavior at the individual and the collective levels, how morality is engrained in markets and how it is deployed in business processes and stakeholder relations. The book shows that human centered management is built and consolidated in four complementary dimensions: ethical, social, economic and institutional. It emphasizes that moral managers and moral markets are essential for business sustainability. Rethinking Leadership covers ethics development from its origin to help managers understand and confront the 21st century's increasing challenges and disruptions. Its clear narrative and cogent examples bridge scholars and practitioners, with distinctive examples on how to implement human centered management and how to teach the subject to executives. The author has 30 years of business experience in developed and developing countries and 20 years in academia in the US and in Europe, which provides solid background to effectively and affectively discuss the topic from the multiple angles.
Rethinking Leadership for a Green World
by Andrew TaylorFirst James Lovelock, and recently Prince William and David Attenborough believe that we have reached a tipping point in the process of climate change. Whether they are right or not, it is certainly true that the impact of humankind upon the ecology of the earth has reached a point where real changes in human behaviour are required. If managers are to be enablers of planetary survival then we need to develop a new approach to risk, which explicitly includes ecological limits upon economic behaviour. This implies a fundamental reorientation of their role in allocating resources to minimise risk and maximise reward. This book brings together some of the brightest contemporary thinkers on leadership, complexity and sustainability to consider the big ideas that we will need to make the changes required, and to outline the major themes that can inform a new approach to constructing a green world. It looks at how to ensure that local models of sustainability are able to flourish in the context of global networks and presents specific case studies of markets and organisations that offer insights into the development integrated solutions and the leadership lessons we can learn. Combining both theory and practice, this book serves to guide business managers and provides deeper insight and critical perspectives on some of the key issues facing leaders moving towards the green economy. It also provides useful supplementary reading for students in business and environmental studies.
Rethinking Life: Embracing the Sacredness of Every Person
by Shane ClaiborneDrawing on Scripture, church history, and his own story, Shane Claiborne explores how a passion for social justice issues surrounding life and death--such as war, gun ownership, the death penalty, racial injustice, abortion, poverty, and the environment--intersects with our faith as we advocate for life in its totality.Many of us wonder how to think about and act on issues of life and death beyond abortion and the death penalty--yet the heated debates in our churches and the confusion of our own hearts sometimes feel overwhelming. What does a balanced, Christian view of what it means to be "pro-life" really look like?Combining stories, theological reflection, and a little wit with a Southern accent, activist Shane Claiborne explores the battle between life and death that goes back to the Garden of Eden. Shane draws on his childhood growing up in the Bible Belt, his own change of perspective on how to advocate for life, and his years of working on behalf of all people to help us:Learn from the Bible and the early church about valuing lifeDeepen our understanding of what a pro-life stance can look likeDiscover ways to discuss topics that are dividing our culture and churchesFind encouragement when we feel politically homelessRenew our hope that there is a good way forward, even in difficult times We need a new movement that stands up for life--without exceptions. This moving and incredibly timely book creates a larger framework for thinking about God's love and our faith as we embrace a consistent ethic that values human life from womb to tomb.
Rethinking Medical Ethics: Concepts and Principles (Studies In Medical Philosophy Ser. #4)
by Jean-Pierre CleroIn this unique study, Jean-Pierre Clero examines medical ethics from a philosophical perspective. Based on the thoughts of great philosophers, he develops a theory of medical ethics that focuses on the values of intimacy.