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The Metaphysics and Ethics of Relativism
by Carol RovaneRelativism is a hotly contested doctrine among philosophers, some of whom regard it as neither true nor false but simply incoherent. As Carol Rovane demonstrates in this analytical tour-de-force, the way to defend relativism is not initially by establishing its truth but by clarifying its content. The Metaphysics and Ethics of Relativism elaborates a doctrine of relativism that has a consistent logical, metaphysical, and practical significance. Relativism is worth debating, Rovane contends, because it bears directly on the moral choices we make in our lives. Three intuitive conceptions of relativism have been influential in philosophical discourse. These include the idea that certain unavoidable disagreements are irresolvable, leading to the conclusion that "both sides are right," and the idea that truth is always relative to context. But the most compelling, Rovane maintains, is the "alternatives intuition. " Alternatives are truths that cannot be embraced together because they are not universal. Something other than logical contradiction excludes them. When this is so, logical relations no longer hold among all truth-value-bearers. Some truths will be irreconcilable between individuals even though they are valid in themselves. The practical consequence is that some forms of interpersonal engagement are confined within definite boundaries, and one has no choice but to view what lies beyond those boundaries with what Rovane calls "epistemic indifference. " In a very real sense, some people inhabit different worlds--true in themselves, but closed off to belief from those who hold irreducibly incompatible truths.
The Metaphysics of Morals
by Immanuel KantIf moral principles apply to everyone, in every situation, at all times, they must be based on concepts of reason rather than on culture or individual personality. "The Metaphysics of Morals" uncovers the principles that guide moral duties and determine the moral compass for good will. By explaining why actions are moral only if they are intentionally moral (not for ulterior motive) and why intention is more important than the outcome of an act (with respect to morality), Kant makes the case for a definable basis for human morality.
The Metaphysics of Pragmatism
by Sidney HookConsidered by some the most controversial American philosopher of contemporary times, SIDNEY HOOK (1902-1989) was infamous for the wild swing in his political thought over the course of his career, starting out as a young Marxist before the Great Depression and ending up a vehement anti-Communist in his later years. The Metaphysics of Pragmatism-Hook's first work, originally published in 1927-is something of a malicious joke on the philosopher's part, one he readily acknowledges in his introduction, a bringing together of one discipline, that of metaphysics, with the one generally regarded as its polar opposite, that of pragmatism, for the purposes of rescuing the second. Though not a political work at all—except, possibly, one of academic politics—this is nevertheless a fascinating introduction to this notorious figure. In its expression of the author's "passionate moral interest in the creative power... of human thinking," it may, perhaps, begin to lend some understanding to the shifts in his own thinking that characterized his work.—Print ed.
The Metaphysics of the Moral Law: Kant's Deduction of Freedom (Studies in Ethics)
by Carol W. VoellerThis work offers a new understanding of Kant on the freedom of the will. Voeller looks in detail at the Groundwork of the Metaphysics of Morals and the Critique of Practical Reason against the background of Kant's critical philosophy as a whole.
The Metaverse: A Critical Assessment (SpringerBriefs in Ethics)
by Philip BreyThis book offers an extensive assessment of the nature and feasibility of the metaverse and is the first to critically examine its social and ethical implications. The metaverse is, in essence, an envisioned future merger of virtual and augmented reality (VR and AR) and the internet, enabling real-time immersive interaction and activities like work, play, socializing, and entertainment. Major tech companies like Meta, Microsoft, Apple and NVIDIA have been investing billions in metaverse technologies, with generative AI accelerating progress. This book examines how these efforts could culminate in the metaverse, exploring its potential forms, implications, and the social and ethical challenges it may pose—along with recommendations for responsible innovation. The book is aimed at stakeholders shaping the metaverse—developers, creators, investors, business leaders, and thought leaders in technologies like VR, AR, Web3, blockchain, and AI. It also serves scholars and students in applied ethics, the social sciences, and the humanities, including fields such as media studies, psychology, and law. General readers interested in the metaverse and emerging technologies will find it both accessible and engaging. Endorsements: "In this book, the talented and eloquent philosopher Philip Brey carefully explains the history and ideas behind the metaverse, and the prospects for its further development and adoption. That detailed information, meticulously presented, makes this a valuable read. But that is just the start. In later chapters, Brey just as skillfully describes the opportunities and vulnerabilities that a metaverse is likely to generate. These chapters are thorough, precise, and offer profound insights into our possible futures. Some of the possibilities are exciting. Others are frightening." –Keith W. Miller, University of Missouri–St. Louis.
The Methodology of Legal Theory: Volume I (The\library Of Essays In Contemporary Legal Theory Ser.)
by Michael GiudiceThe last decade has witnessed a particularly intensive debate over methodological issues in legal theory. The publication of Julie Dickson's Evaluation and Legal Theory (2001) was significant, as were collective returns to H.L.A. Hart's 'Postscript' to The Concept of Law. While influential articles have been written in disparate journals, no single collection of the most important papers exists. This volume - the first in a three volume series - aims not only to fill that gap but also propose a systematic agenda for future work. The editors have selected articles written by leading legal theorists, including, among others, Leslie Green, Brian Leiter, Joseph Raz, Ronald Dworkin, and William Twining, and organized under four broad categories: 1) problems and purposes of legal theory; 2) the role of epistemology and semantics in theorising about the nature of law; 3) the relation between morality and legal theory; and 4) the scope of phenomena a general jurisprudence ought to address.
The Methods Of Ethics
by John Rawls Henry SidgwickThis Hackett edition, first published in 1981, is an unabridged and unaltered republication of the seventh (1907) edition as published by Macmillan and Company, Limited. From the forward by John Rawls: In the utilitarian tradition Henry Sidgwick (1838-1900) has an important place. His fundamental work, The Methods of Ethics (first edition 1874, seventh and last edition 1907, here reprinted), is the clearest and most accessible formulation of what we may call 'the classical utilitarian doctorine. ' This classical doctrine holds that the ultimate moral end of social and individual action is the greatest net sum of the happiness of all sentient beings. Happinesss is specified (as positive or negative) by the net balance of pleasure over pain, or, as Sidgwick preferred to say, as the net balance of agreeable over disagreeable consciousness.
The MiFID II Framework: How the New Standards Are Reshaping the Investment Industry
by Daniele Previtali Mario Comana Luca BellardiniThis book provides a detailed analysis of the main innovations and impacts associated with the package of European legislation comprising MiFID II and MiFIR, which constitutes a pillar of the EU’s “single rulebook” for financial regulation. Adopting a research-oriented approach, the authors also consider the practical consequences of the new legislation, to provide a clear description of the new rules and the ways in which they address concerns raised by the financial crisis, as well as an appraisal of the theoretical implications from an EU-wide perspective. The book also presents a comparative analysis of how the package is being implemented within the larger countries of the Eurozone and the United Kingdom, and evaluates the likely consequences for banks’ business models. This research book is a valuable resource for graduate and master’s level students as well as professionals and practitioners interested in understanding the European financial law and, in particular, the dynamics of the investment industry.
The Microeconomics of Market Failures and Institutions: An Intermediate Textbook
by Coen Teulings Martijn HuysmansThis graduate textbook explores key microeconomic concepts to provide insight into financial markets, comparative economic development, and political institutions. Theoretical concepts are accompanied by historical and real life case studies to highlight the evolution of institutions and the solutions to market failures. General mathematical models are presented in a practical and clear manner and can be applied to problem solving scenarios. Key dilemmas relating to monopolies, institutional design, economic policy, power in society, and the rule of law are also discussed. This multidisciplinary book aims to provide a real world understanding of microeconomics and game theory, enabling readers to review policy and institutional requirements. It will be relevant to students and policymakers interested in institutional economics, the political economy, financial economics, and economic governance.
The Microsoft Antitrust Cases: Competition Policy for the Twenty-first Century
by Harry First Andrew I. GavilFor more than two decades, the U.S. Department of Justice, various states, the European Commission, and many private litigants pursued antitrust actions against the tech giant Microsoft. In investigating and prosecuting Microsoft, federal and state prosecutors were playing their traditional role of reining in a corporate power intent on eliminating competition. Seen from another perspective, however, the government's prosecution of Microsoft -- in which it deployed the century-old Sherman Antitrust Act in the volatile and evolving global business environment of the digital era -- was unprecedented. In this book, two experts on competition policy offer a comprehensive account of the multiple antitrust actions against Microsoft--from beginning to end -- and an assessment of the effectiveness of antitrust law in the twenty-first century. Gavil and First describe in detail the cases that the Department of Justice and the states initiated in 1998, accusing Microsoft of obstructing browser competition and perpetuating its Windows monopoly. They cover the private litigation that followed, and the European Commission cases decided in 2004 and 2009. They also consider broader issues of competition policy in the age of globalization, addressing the adequacy of today's antitrust laws, their enforcement by multiple parties around the world, and the difficulty of obtaining effective remedies -- all lessons learned from the Microsoft cases.
The Microsoft Antitrust Cases: Competition Policy for the Twenty-first Century
by Harry First Andrew I. GavilFor more than two decades, the U.S. Department of Justice, various states, the European Commission, and many private litigants pursued antitrust actions against the tech giant Microsoft. In investigating and prosecuting Microsoft, federal and state prosecutors were playing their traditional role of reining in a corporate power intent on eliminating competition. Seen from another perspective, however, the government's prosecution of Microsoft -- in which it deployed the century-old Sherman Antitrust Act in the volatile and evolving global business environment of the digital era -- was unprecedented. In this book, two experts on competition policy offer a comprehensive account of the multiple antitrust actions against Microsoft--from beginning to end -- and an assessment of the effectiveness of antitrust law in the twenty-first century. Gavil and First describe in detail the cases that the Department of Justice and the states initiated in 1998, accusing Microsoft of obstructing browser competition and perpetuating its Windows monopoly. They cover the private litigation that followed, and the European Commission cases decided in 2004 and 2009. They also consider broader issues of competition policy in the age of globalization, addressing the adequacy of today's antitrust laws, their enforcement by multiple parties around the world, and the difficulty of obtaining effective remedies -- all lessons learned from the Microsoft cases.
The Microsoft Antitrust Cases: Competition Policy for the Twenty-first Century (The\mit Press Ser.)
by Harry First Andrew I. GavilA comprehensive account of the decades-long, multiple antitrust actions against Microsoft and an assessment of the effectiveness of antitrust law in the digital age. For more than two decades, the U.S. Department of Justice, various states, the European Commission, and many private litigants pursued antitrust actions against the tech giant Microsoft. In investigating and prosecuting Microsoft, federal and state prosecutors were playing their traditional role of reining in a corporate power intent on eliminating competition. Seen from another perspective, however, the government's prosecution of Microsoft—in which it deployed the century-old Sherman Antitrust Act in the volatile and evolving global business environment of the digital era—was unprecedented.In this book, two experts on competition policy offer a comprehensive account of the multiple antitrust actions against Microsoft—from beginning to end—and an assessment of the effectiveness of antitrust law in the twenty-first century. Gavil and First describe in detail the cases that the Department of Justice and the states initiated in 1998, accusing Microsoft of obstructing browser competition and perpetuating its Windows monopoly. They cover the private litigation that followed, and the European Commission cases decided in 2004 and 2009. They also consider broader issues of competition policy in the age of globalization, addressing the adequacy of today's antitrust laws, their enforcement by multiple parties around the world, and the difficulty of obtaining effective remedies—all lessons learned from the Microsoft cases.
The Microsoft Case: Antitrust, High Technology, and Consumer Welfare
by William H. Page John E. LopatkaIn 1998, the United States Department of Justice and state antitrust agencies charged that Microsoft was monopolizing the market for personal computer operating systems. More than ten years later, the case is still the defining antitrust litigation of our era. William H. Page and John E. Lopatka’s The Microsoft Case contributes to the debate over the future of antitrust policy by examining the implications of the litigation from the perspective of consumer welfare. The authors trace the development of the case from its conceptual origins through the trial and the key decisions on both liability and remedies. They argue that, at critical points, the legal system failed consumers by overrating government’s ability to influence outcomes in a dynamic market. This ambitious book is essential reading for business, law, and economics scholars as well as anyone else interested in the ways that technology, economics, and antitrust law have interacted in the digital age. “This book will become the gold standard for analysis of the monopolization cases against Microsoft. . . . No serious student of law or economic policy should go without reading it.”—Thomas C. Arthur, Emory University
The Middleman: A Legal Thriller
by Mike PapantonioThe Middleman is an epic drama of whistleblowers, murder, thrills, and legal combat—torn out of today&’s headlines. Nicholas &“Deke&” Deketomis and his law firm take on America&’s Big Pharma when Deke&’s college pal, Matt Redmond, presents him with a case of possible fraud involving EirePharma, the Redmond family business and a powerful Pharmacy Benefit Manager (PBM). PBMs serve as the &“middlemen&” between drug manufacturers and insurance companies, working in cryptic ways to determine not only the cost of drugs but also placing them on insurers&’ preferred formularies. EirePharma was recently taken over by the charismatic CEO, Connor Devlin, who has a Rasputin-like influence over Matt&’s cousin, Amy, the company&’s current president. Devlin may be utilizing racketeering practices—and perhaps murder—to raise the prices of insulin and other drugs for his own profit and to the detriment of consumers. Amy, who at first was in love with Devlin, decides—at great peril—to become her company&’s whistleblower and provide evidence to Deke and his team. When key witnesses and even Redmond family members meet mysterious and violent deaths, Amy finds herself a pawn caught in the center of a frightening and deadly game of wills between a formidable gangster, who in the eyes of the public is a respected businessman, and a law firm that is determined to investigate and uncover the Middleman&’s crimes. In the tradition of Suspicious Activity and Inhuman Trafficking, Mike Papantonio takes Deke and his cohorts on a new and different kind of legal gamble in The Middleman, which is chock full of the action and thrills for which he is known.
The Migrant's Jail: An American History of Mass Incarceration (Politics and Society in Modern America)
by Brianna NofilA century-long history of immigrant incarceration in the United StatesToday, U.S. Immigration & Customs Enforcement (ICE) detains an average of 37,000 migrants each night. To do so, they rely on, and pay for, the use of hundreds of local jails. But this is nothing new: the federal government has been detaining migrants in city and county jails for more than 100 years. In The Migrant's Jail, Brianna Nofil examines how a century of political, ideological, and economic exchange between the U.S. immigration bureaucracy and the criminal justice system gave rise to the world&’s largest system of migrant incarceration. Migrant detention is not simply an outgrowth of mass incarceration; rather, it has propelled carceral state–building and fostered intergovernmental policing efforts since the turn of the twentieth century.From the incarceration of Chinese migrants in New York in the 1900s and 1910s to the jailing of Caribbean refugees in Gulf South lockups of the 1980s and 1990s, federal immigration authorities provided communities with a cash windfall that they used to cut taxes, reward local officials, and build bigger jails—which they then had incentive to fill. Trapped in America&’s patchwork detention networks, migrants turned to courts, embassies, and the media to challenge the cruel paradox of &“administrative imprisonment.&” Drawing on immigration records, affidavits, protest letters, and a variety of local sources, Nofil excavates the web of political negotiations, financial deals, and legal precedents that allows the United States to incarcerate migrants with little accountability and devastating consequences.
The Militant Face of Democracy
by Anna Geis Harald Müller Niklas Schörnig Anna Geis Harald MüllerDemocratic peace theory - the argument that democracies very rarely go to war with each other - has come under attack recently for being too naïve and for neglecting the vast amount of wars fought by democracies, especially since the end of the Cold War. This volume offers a fresh perspective by arguing that the same norms which are responsible for the democratic peace can be argued to be responsible for democratic war-proneness. The authors show that democratic norms, which are usually understood to cause peaceful behaviour, are heavily contested when dealing with a non-democratic other. The book thus integrates democratic peace and democratic war into one consistent theoretical perspective, emphasising the impact of national identity. The book concludes by arguing that all democracies have a 'weak spot' where they would be willing to engage militarily.
The Military Commander's Necessity: The Law of Armed Conflict and its Limits
by Sigrid Redse JohansenThe idea of military necessity lies at the centre of the law of armed conflict and yet it is less than fully understood. This book analyses which legal limits govern the commander's assessment of military necessity, and argues that military necessity itself is not a limitation. Military necessity calls for a highly discretionary exercise: the assessment. Yet, there is little guidance as to how this discretionary process should be exercised, apart from the notions of 'a reasonable military commander'. A reasonable assessment of 'excessive' civilian losses are presumed to be almost intuitive. Objective standards for determining excessive civilian losses are difficult to identify, particularly when that 'excessiveness' will be understood in relative terms. The perpetual question arises: are civilian losses acceptable if the war can be won? The result is a heavy burden of assessment placed on the shoulders of the military commander.
The Militia and the Right to Arms, or, How the Second Amendment Fell Silent
by H. Richard Uviller William G. Merkel"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. " --Amendment II, United States Constitution The Second Amendment is regularly invoked by opponents of gun control, but H. Richard Uviller and William G. Merkel argue the amendment has nothing to contribute to debates over private access to firearms. In The Militia and the Right to Arms, or, How the Second Amendment Fell Silent, Uviller and Merkel show how postratification history has sapped the Second Amendment of its meaning. Starting with a detailed examination of the political principles of the founders, the authors build the case that the amendment's second clause (declaring the right to bear arms) depends entirely on the premise set out in the amendment's first clause (stating that a well-regulated militia is necessary to the security of a free state). The authors demonstrate that the militia envisioned by the framers of the Bill of Rights in 1789 has long since disappeared from the American scene, leaving no lineal descendants. The constitutional right to bear arms, Uviller and Merkel conclude, has evaporated along with the universal militia of the eighteenth century. Using records from the founding era, Uviller and Merkel explain that the Second Amendment was motivated by a deep fear of standing armies. To guard against the debilitating effects of militarism, and against the ultimate danger of a would-be Caesar at the head of a great professional army, the founders sought to guarantee the existence of well-trained, self-armed, locally commanded citizen militia, in which service was compulsory. By its very existence, this militia would obviate the need for a large and dangerous regular army. But as Uviller and Merkel describe the gradual rise of the United States Army and the National Guard over the last two hundred years, they highlight the nation's abandonment of the militia ideal so dear to the framers. The authors discuss issues of constitutional interpretation in light of radically changed social circumstances and contrast their position with the arguments of a diverse group of constitutional scholars including Sanford Levinson, Carl Bogus, William Van Alstyne, and Akhil Reed Amar. Espousing a centrist position in the polarized arena of Second Amendment interpretation, this book will appeal to those wanting to know more about the amendment's relevance to the issue of gun control, as well as to those interested in the constitutional and political context of America's military history.
The Mimetic Evolution of the Court of Justice of the EU: A Comparative Law Perspective
by Leonardo PierdominiciThis book provides fresh perspectives in the legal study of the Court of Justice of the European Union. In the context of European studies, the Court has mainly been analysed in light of its central role in the process of continental integration. Moreover, the Court has traditionally been studied by specialists for its important role as an agent of comparative law. This book studies the evolution of the Court itself, rather than that of the EU legal order in its judge-made dimension, and addresses several institutional aspects of its structure and organization, selected and constructed as a complete range of symptomatic figures of judicial institutionalisation. In doing so, the author seeks to showcase how the development and the institutional evolution of the CJEU happened through a selective internalization of comparative influences.
The Mind Manual: Mindapples 5 a Day for a Happy, Healthy Mind
by Andy GibsonFrom the people who brought you the Mindapples "5-a-day for your mind" campaign, The Mind Manual is an accessible guide to what's going on in your head. From understanding how your own mind works, to making sense of the behaviour of others, this is a practical guide to managing your mind and using it to get the life you want. The book uses proven insights from neuroscience and psychology, filtered through the wisdom and experience of thousands of people in Mindapples' global community, to give you a crash-course in understanding your own mind. It will improve your well-being, your ability to cope with stress, and your understanding of yourself and others, and give you the tools you need to be your best self, with chapters including:How to Be YourselfHow to Keep CalmHow to Be HappyHow to Have a Healthy MindHow to Be WiseHow to Be ProductiveHow to Be ResilientHow to Be KindHow to Fall in Love
The Mind Manual: Mindapples 5 a Day for a Happy, Healthy Mind (Dr Alex George)
by Andy GibsonFrom the people who brought you the Mindapples "5-a-day for your mind" campaign, The Mind Manual is an accessible guide to what's going on in your head. From understanding how your own mind works, to making sense of the behaviour of others, this is a practical guide to managing your mind and using it to get the life you want. The book uses proven insights from neuroscience and psychology, filtered through the wisdom and experience of thousands of people in Mindapples' global community, to give you a crash-course in understanding your own mind. It will improve your well-being, your ability to cope with stress, and your understanding of yourself and others, and give you the tools you need to be your best self, with chapters including:How to Be YourselfHow to Keep CalmHow to Be HappyHow to Have a Healthy MindHow to Be WiseHow to Be ProductiveHow to Be ResilientHow to Be KindHow to Fall in Love
The Mind and Faith of Justice Holmes: His Speeches, Essays, Letters, and Judicial Opinions
by Max LernerA reprint of the Little, Brown edition of 1943. Acidic paper. Annotation copyright Book News, Inc. Portland, Or.
The Mind in Another Place: My Life as a Scholar
by Luke Timothy JohnsonA witness to the peculiar way of being that is the scholar&’s Luke Timothy Johnson is one of the best-known and most influential New Testament scholars of recent decades. In this memoir, he draws on his rich experience to invite readers into the scholar&’s life—its aims, commitments, and habits. In addition to sharing his own story, from childhood to retirement, Johnson reflects on the nature of scholarship more generally, showing how this vocation has changed over the past half-century and where it might be going in the future. He is as candid and unsparing about negative trends in academia as he is hopeful about the possibilities of steadfast, disciplined scholarship. In two closing chapters, he discusses the essential intellectual and moral virtues of scholarly excellence, including curiosity, imagination, courage, discipline, persistence, detachment, and contentment. Johnson&’s robust defense of the scholarly life—portrayed throughout this book as a generative process of discovery and disclosure—will inspire both new and seasoned scholars, as well as anyone who reads and values good scholarship. But The Mind in Another Place ultimately resonates beyond the walls of the academy and speaks to matters more universally human: the love of knowledge and the lifelong pursuit of truth.
The Mind of Clover: Essays in Zen Buddhist Ethics
by Robert AitkenIn Taking the Path of Zen, Robert Aitken provided a concise guide to zazen (Zen meditation) and other aspects of the practice of Zen. In The Mind of Clover he addresses the world beyond the zazen cushions, illuminating issues of appropriate personal and social action through an exploration of the philosophical complexities of Zen ethics. Aitken's approach is clear and sure as he shows how our minds can be as nurturing as clover, which enriches the soil and benefits the environment as it grows. The opening chapters discuss the Ten Grave Precepts of Zen, which, Aitken points out, are "not commandments etched in stone but expressions of inspiration written in something more fluid than water." Aitken approaches these precepts, the core of Zen ethics, from several perspectives, offering many layers of interpretation. Like ripples in a pond, the circles of his interpretation increasingly widen, and he expands his focus to confront corporate theft and oppression, the role of women in Zen and society, abortion, nuclear war, pollution of the environment, and other concerns.The Mind of Clover champions the cause of personal responsibility in modern society, encouraging nonviolent activism based on clear convictions. It is a guide that engages, that invites us to realize our own potential for confident and responsible action.
The Mind of Plato
by A. E. TaylorThrough his own writings and inspiration of Aristotle and countless others, Plato continues to influence every area of philosophic thought, to say nothing of his enormous influence on Christian theology. His dramatic dialogues, including Republic, the monumental treatise on the ideal state, render him one of the greatest of Greek literary geniuses.In this concise analysis, eminent Plato scholar A. E. Taylor examines the philosopher's theory of knowledge and doctrine of ideas; the ideal of the philosopher-king; the social system advocated in Republic; judgments on democracy; and belief in the immortality of the soul. Also considered: Plato's relationship with his master, Socrates; contribution to the idea of university education; attack on art; abstention from public life; anticipation of Copernicus. Taylor also mentions historical misunderstandings of the one he deems the most original and influential of all philosophers.-Print ed.“A. E. Taylor’s THE MIND OF PLATO is the work of a scholar of great eminence and the best brief introduction to Plato that I know.”—JOHN WILD“This short work, by one of the great Platonic authorities, presents the career and thought of Plato without the dogmatic, technical, or sentimental clichés found in many expositions of Platonism.”-RICHARD McKEON