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The Use and Abuse of History (Dover Thrift Editions)
by Friedrich Nietzsche"While life needs the services of history, it must just as clearly be comprehended that an excess measure of history will do harm to the living," declares Friedrich Nietzsche in this cautionary polemic. The iconoclastic philosopher warns us about the dangers of an uncritical devotion to the study of the past, which leads to destructive and limiting results — particularly in cases where long-ago events are exploited for nationalistic purposes. Nietzsche proposes three approaches to times gone by: the monumental, focusing on examples of human greatness; the antiquarian, involving immersion in a bygone period; and the critical, rejecting the old in favor of the new. He examines the pros and cons of each concept, favoring how the ancient Greeks looked at things, which balanced a consciousness of yesteryear with contemporary intellectual, cultural, and political sensibilities. Nietzsche’s emphasis on history as a dynamic, living culture rather than the subject of detached scholarship is certain to resonate with modern readers.
The Use of Algorithms in Criminal Law: A Central European Perspective (Routledge Frontiers of Criminal Justice)
by Konrad Burdziak István AmbrusThis edited collection provides the reader with a comprehensive knowledge of automated decision-making, artificial intelligence (AI), and algorithms, and how they can be used in criminal proceedings. Focusing on the experience in Central and Eastern European countries, the book offers a clear overview of the advantages and disadvantages of new technologies in criminal law.After a primer on how AI can be used in law enforcement to enhance operational effectiveness and improve public safety, chapters offer a comprehensive look at the current status of the use of new technologies in the criminal law of the Central and Eastern European countries. When appropriate, contributors formulate concrete postulates for the change of the current legal regulations as well as offer advice on how to use such technologies to one’s advantage or how to defend against their abuse by public authorities.Navigating the intersection of technology and criminal justice, this book is invaluable for anyone with an interest in whether and how computers will shape the fate of criminal suspects and the operation of criminal justice systems. It is essential reading for scholars and students of comparative criminal justice, criminology, sociology, politics, and socio-legal studies.
The Use of Alternative Benchmarks in Anti-Subsidy Law: A Study on the WTO, the EU and China (European Yearbook of International Economic Law #4)
by Sophia MüllerIn the debate over the treatment of China in trade remedy investigations, this book focuses exclusively on anti-subsidy law. As such, it brings a long neglected and often underestimated area of international trade law to the fore.Exploring the delicate relations between the WTO, the EU and China, it focuses on the current legal framework for the use of alternative benchmarks in anti-subsidy law and analyses the consequences that arise from its practical application in investigations against China. Scrutinizing recent developments in WTO anti-subsidy law, in particular the adoption of country-specific rules in accession protocols, the book reveals the shortcomings of the current approach and argues for fundamental reforms. Accordingly, the book provides academics and practitioners alike with vital insights into the legal evolution and practical application of alternative benchmark methodologies in the context of WTO and EU anti-subsidy law, while also putting forward a critical analysis of the status quo.
The Use of Armed Force in Occupied Territory
by Marco LongobardoThis book explores the international law framework governing the use of armed force in occupied territory through a rigorous analysis of the interplay between jus ad bellum, international humanitarian law, and international human rights law. Through an examination of state practice and opinio juris, treaty provisions and relevant international and domestic case law, this book offers the first comprehensive study on this topic. This book will be relevant to scholars, practitioners, legal advisors, and students across a range of sub-disciplines of international law, as well as in peace and conflict studies, international relations, and political science. This study will influence the way in which States use armed force in occupied territory, offering guidance and support in litigations before domestic and international courts and tribunals.
The Use of Artificial Intelligence in the Public Sector in Shanghai: Ambition, Capacity and Reality
by Diego TodaroThis book examines how Shanghai aims to improve public service provision by accelerating the use of artificial intelligence (AI) in the public sector. After clarifying the technical and social factors that shape the use of AI in this area, the book delves into the AI policy environment and AI ecosystem of Shanghai to gauge the city’s capacity to implement public sector AI applications. Then it examines how this capacity translates into real-world policy initiatives through the investigation of case studies. It highlights the analytical, operational and political capabilities that determine the strengths and limitations of such initiatives in deploying AI in the public sector, and it assesses their impacts on public service provision in Shanghai. By using the findings on Shanghai to gain a deeper understanding of key topics in public sector AI research, this book also contributes new knowledge about the use of AI to improve the provision of public services.
The Use of Biodiversity in International Law: A Genealogy of Genetic Gold (Law, Science and Society)
by Andreas KotsakisThis book presents a legal genealogy of biodiversity – of its strategic use before and after the adoption of the Convention on Biological Diversity, 1993. This history of ‘genetic gold’ details how, with the aid of international law, the idea of biodiversity has been instrumentalized towards political and economic aims. A study of the strategic utility of biodiversity, rather than the utility of its protection under international law, the book’s focus is not, therefore, on the sustainable or non-sustainable use of biodiversity as a natural resource, but rather on its historical use as an intellectual resource. Although biodiversity is still not being effectively conserved, nor sustainably used, the Convention on Biological Diversity and its parent regime persists, now after several decades of operation. This book provides the comprehensive answer to the question of the convention’s continued existence. Drawing from environmental history, the philosophy of science, political economy and development studies, this book will be of interest to advanced undergraduate and postgraduate students in Environmental Law, International Law, Environmental Studies, and Ecology.
The Use of CITES for Commercially-exploited Fish Species
by Solène GuggisbergThis book examines the legality, adequacy and efficacy of using the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) for commercially-exploited fish species and assesses whether the existing institutional cooperation with the Food and Agriculture Organization (FAO) and regional fisheries management organizations (RFMOs) is efficient. This case-study also provides an interesting lens to approaching wider international law issues. Indeed, finding ways to achieve effective governance of transboundary or global natural resources is central to the peaceful use of oceans and land. Furthermore, the role of science in advising decision-makers is a sensitive issue, which deserves scrutiny and is similar in many regimes. Finally, the complex problem of fragmentation of international law is acute in various fields of environmental law, as in all rapidly developing areas of international regulations.
The Use of Force against Ukraine and International Law: Jus Ad Bellum, Jus In Bello, Jus Post Bellum (International Criminal Justice Ser. #18)
by Sergey Sayapin Evhen TsybulenkoWritten by a team of international lawyers from Europe, Asia, Africa, and the Caribbean,this book analyses some of the most significant aspects of the ongoing armed conflictbetween the Russian Federation and Ukraine.As challenging as this conflict is for the international legal order, it also offers lessonsto be learned by the States concerned, and by other States alike. The book analysesthe application of international law in this conflict, and suggests ways for this law’sprogressive development.It will be useful to practitioners of international law working at national Ministriesof Defence, Justice, and Foreign Affairs, as well as in Parliaments, to lawyers ofinternational organizations, and to national and international judges dealing withmatters of public international law, international humanitarian law and criminal law.It will also be of interest to scholars and students of international law, and to historiansof international relations.Sergey Sayapin is Assistant Professor in International and Criminal Law at the Schoolof Law of the KIMEP University in Almaty, Kazakhstan.Evhen Tsybulenko is Professor of Law at the Department of Law of the Tallinn Universityof Technology in Tallinn, Estonia.
The Use of Force and International Law: The Impact Of The United States Upon The Jus Ad Bellum In The Post-cold War Era (The\ashgate International Law Ser.)
by Christian HendersonThe Use of Force and International Law offers an authoritative overview of international law governing the resort to force. Looking through the prism of the contemporary challenges that this area of international law faces, including technology, sovereignty, actors, compliance and enforcement, this book addresses key aspects of international law in this area: the general breadth and scope of the prohibition of force, what is meant by 'force', the use of force through the UN and regional organisations, the use of force in peacekeeping operations, the right of self-defence and the customary limitations upon this right, forcible intervention in civil conflicts, the controversial doctrine of humanitarian intervention. <P><P>Suitable for advanced undergraduate and postgraduate students, academics and practitioners, The Use of Force and International Law offers a contemporary, comprehensive and accessible treatment of the subject. Follows a clear and accessible structure to better support lecturers teach their courses and aid student understanding.<P> Clearly lays out the distinction between concepts and terms to enable students to grasp the fundamental distinctions before delving deeper into the subject.<P> Comprehensive references to primary and secondary sources support student understanding of the breadth of legal resources in the field and aid further research.
The Use of Force in International Law (The\international Law Of Peace And Security Ser.)
by Nicholas Tsagourias Tarcisio GazziniThis volume of essays examines the development of political and legal thinking regarding the use of force in international relations. It provides an analysis of the rules on the use of force in the political, normative and factual contexts within which they apply and assesses their content and relevance in the light of new challenges such as terrorism, weapons of mass destruction and cyber-attacks. The volume begins with an overview of the ancient and medieval concepts of war and the use of force and then concentrates on the contemporary legal framework regulating the use of force as moulded by the United Nations Charter and state practice. In this regard it discusses specific issues such as the use of force by way of self-defence, armed reprisals, forcible reactions to terrorism, the use of force in the cyberspace, humanitarian intervention and the responsibility to protect. This collection of previously published classic research articles is of interest to scholars and students of international law and international relations as well as practitioners in international law.
The Use of Forensic Anthropology
by Robert B. Pickering David BachmanA forensic investigation requires a team of specialists from many different scientific fields of study along with legal and law enforcement specialists. In recent years, the range of cases on which forensic anthropologists have been consulted has expanded dramatically. The Use of Forensic Anthropology provides these professionals with guidelines fo
The Use of Preventive Detention Laws in Malaysia: A Case for Reform
by M. Ehteshamul Bari Safia NazThis book examines the extraordinary nature of the power of preventive detention, which permits executive dispensation of the personal liberty of an individual on the mere apprehension that, if free and unfettered, he may commit acts prejudicial to national security or public order. In light of the extraordinary scope of this power, it, therefore, contends that the scope of the power should be confined to genuine emergencies threatening the life of the nation. Against the above background, this book sheds light on the fact that Article 149 of the Federal Constitution of Malaysia empowers the Parliament to enact preventive detention laws authorizing the executive branch of government to preventively detain individuals without the precondition of an emergency. Furthermore, the Constitution does not stipulate adequate safeguards for mitigating the harshness of preventive detention laws. This book makes it manifestly evident that the weaknesses of the constitutional provisions concerning preventive detention have enabled succeeding generations of executives in Malaysia to not only enact a series of preventive detention statues for arrogating to themselves wide powers concerning preventive detention but also to rely on them for arbitrarily detaining their political adversaries. Consequently, on the basis of this analysis, this book puts forward concrete recommendations for insertion in the Constitution detailed norms providing for legal limits on the wide power of the executive concerning preventive detention. The insertion of such norms would ensure the maintenance of a delicate balance between protecting national interests and, simultaneously, observing respect for an individual’s right to protection from arbitrary deprivation of liberty.This book is useful for academics and students of comparative constitutional law, human rights and Asian law. The extensive law reform analysis undertaken in this book also greatly benefits the policy makers in Malaysia and the policy makers of constitutional polities facing similar problems with the issue of circumscribing the scope of the powers concerning preventive detention.
The Use of Victim Impact Statements in Sentencing for Sexual Offences: Stories of Strength (Routledge Frontiers of Criminal Justice)
by Rhiannon Davies Lorana BartelsDrawing on extensive research from Australia, this book examines the experiences of sexual offence victims who submit a victim impact statement. Victim impact statements are used in sentencing to outline the harm caused to victims. There has been little research on the impact statement experiences of sexual offence victims. This book fills this gap, examining the perspectives of six adult female victims and 15 justice professionals in Australia. This is supplemented by analysis of 100 sentencing remarks, revealing how courts use such statements in practice. This book examines victims’ experiences of preparing and submitting statements, justice professionals’ experiences of working with victims to submit statements, and the judicial use of impact statements in sentencing. It identifies an overarching lack of clarity around the purpose of impact statements, which affects the information that can be included and the way they can be used by the court. It consequently explore issues associated with balancing the expressive and instrumental purposes of such statements, and the challenges in communication between professionals and victims of crime. The findings highlight several issues with the operation of impact statement regimes. Based on these findings, the book makes recommendations to clarify such regimes, to improve communication between justice professionals and victims of crime, and to enhance the therapeutic goals of such statements. An accessible and compelling read, this book is essential reading for all those engaged with victimology, sentencing, and sexual violence.
The Usufructuary Ethos: Power, Politics, and Environment in the Long Eighteenth Century
by Erin DrewAlthough a study of past ideas, The Usufructuary Ethos resonates with contemporary debates about our human responsibilities to the natural world in the face of climate change and mass extinction.
The Valuation Treadmill: How Securities Fraud Threatens the Integrity of Public Companies
by James J. ParkPublic companies now face constant pressure to meet investor expectations. A company must continually deliver strong short-term performance every quarter to maintain its stock price. This valuation treadmill creates incentives for corporations to deceive investors. Published more than twenty years after the passage of Sarbanes-Oxley, which requires all public companies to invest in measures to ensure the accuracy of their disclosures, The Valuation Treadmill shows how securities fraud became a major regulatory concern. Drawing on case studies of paradigmatic securities enforcement actions involving Xerox, Penn Central, Apple, Enron, Citigroup, and General Electric, the book argues that corporate securities fraud emerged as investors increasingly valued companies based on their future performance. Corporations now have an incentive to issue unrealistically optimistic disclosure to convince markets that their success will continue. Securities regulation must do more to protect the integrity of public companies from the pressure of the valuation treadmill.
The Value Orientations of Buddhist and Christian Entrepreneurs: A Comparative Perspective on Spirituality and Business Ethics (Studies in Buddhist Economics, Management, and Policy)
by Gábor KovácsThis book is a comparative analysis of the value orientations of Buddhist and Christian entrepreneurs and how these values impact business. The chapters review and analyze the concepts of Buddhist economics and the social teaching of the Roman Catholic Church. The value orientations of Buddhist and Christian entrepreneurs are described by irreducible core values that correspond to the ontological conception, the procedural dimension, and the “other directedness” of a spiritual value commitment in business. The book includes the reflections of Buddhist and Christian entrepreneurs about business spirituality, profit, the temporal perspectives of business, and stakeholder management. The cases testify that a spiritual value orientation can contribute to creating genuine ethical commitment. The findings and the examples can encourage business scholars and practitioners to stop considering ethics as an instrument in the service of profit and serve as inspiration for integrating spirituality into business in a profound way. This book will be of interest to scholars studying business ethics, workplace spirituality and faith at work.
The Value of Values: How Leaders Can Grow Their Businesses and Enhance Their Careers by Doing the Right Thing (Management on the Cutting Edge)
by Daniel AronsonHow business leaders can grow profits and competitive advantage by doing the right thing.Acting on values—doing good for the benefit of all—can substantially benefit the bottom line, but many business leaders mistakenly believe that doing the right thing lowers profits. This belief is the greatest barrier holding businesses back from being more financially and competitively successful—and delivering more good for the world. Not only can it be a winning business strategy to act on values, as Daniel Aronson suggests in The Value of Values, but it is also a savvy choice, increasing a company&’s power, profit, and competitive advantage—in many cases with little additional investment or risk.It starts with seeing what others miss. Using extensive research and real-world calculations, Aronson demonstrates that the &“submerged value&” of initiatives such as taking bold action to combat climate change, helping people find jobs, or creating an open, inclusive work environment is normally 4 to 10 times more than initially believed. Calculating and capturing the true business benefit of acting on values provides a much-needed update to the sustainability and responsibility playbook. Even more important, it shows executives how to harness the value of values to improve profitability, acquire customers, and turbocharge their own careers.Written by a measurement pioneer and one of the world&’s foremost experts on making ethical business count, The Value of Values trains leaders to respond smartly and credibly to today&’s challenges, transforming how business can and should be done.
The Values-Driven Organization: Cultural Health and Employee Well-Being as a Pathway to Sustainable Performance
by Richard BarrettValues-driven organizations are the most successful organizations on the planet. This book explains that understanding employees’ needs—what people value—is the key to creating a high performing organization. When you support employees in satisfying their needs, they respond with high levels of engagement and willingly commit their energies to the organization, bringing passion and creativity to their work. This new edition of The Values-Driven Organization provides an updated set of tools to assess corporate culture, new case studies on cultural transformation and additional materials on sustainability, measuring cultural health at work and the specific needs of the millennial generation. The Values-Driven Organization is essential reading for students, researchers and practitioners of organizational change, leadership, HRM and business ethics.
The Values-Driven Organization: Unleashing Human Potential for Performance and Profit
by Richard BarrettBased on significant new research from multiple sources, Richard Barrett creates a compelling narrative about why values-driven organizations are the most successful organizations on the planet. According to Barrett, understanding employee's needs--what people value--is the key to creating a high performing organization. When you support employees in satisfying their needs, they respond with high levels of employee engagement and willingly bring their commitment and creativity to their work. This book updates and brings together in one volume, two of Richard Barrett's previous publications, Liberating the Corporate Soul (1998) and Building a Values-Driven Organisation (2006), to provide a reference manual for leaders and change agents who wish to create a values-driven organization. The text provides both a leadership approach, and a language, for organizational transformation and culture change that incorporates concepts such as cultural entropy, values alignment and whole system change. With an updated set of cultural diagnostic tools and a wide range of new and exciting case studies on culture and leadership development, The Values-Driven Organization will be essential reading for students, researchers and practitioners in the fields of organizational change, leadership and ethics.
The Vampire of Kings Street: A Mystery
by Asha GreylingIn this gothic debut novel, perfect for fans of Tread of Angels and Gail Carriger&’s Soulless, Miss Radhika Dhingra, a newly minted lawyer in 19th century New York, never expected that her first client would be a vampire accused of murder. Having a resident vampire is just the thing for upper-class New Yorkers–besides being a status symbol, they make excellent butlers or housekeepers. The only thing they require in return is a drop or two of blood and a casket to shut out the dawn&’s early light. Tolerated by society only if they follow a strict set of rules, vampires are seen as &“less than&”–and as the daughter of immigrants, Radhika knows firsthand how this feels. Accused of murder, her undead client Mr. Evelyn More, knows that the cards are stacked against him.With the help of a journalist friend and a diminutive detective inspector, Miss Dhingra sets out to prove her client&’s innocence and win his freedom. Failure will mean Mr. More&’s death, the end of her dreams of becoming a successful attorney, and the loss of the vampire Miss Dhingra has begun to call her friend.Offering an alternative paranormal history, delightful characters, and insightful social commentary, The Vampire of Kings Street will thrill readers of Deanna Rayburn and Rebecca Roanhorse.
The Vancouver Island Treaties and the Evolving Principles of Indigenous Title
by Ted BinnemaThe Vancouver Island Treaties and the Evolving Principles of Indigenous Title illuminates the history of the enigmatic Vancouver Island treaties of the 1850s, offering new interpretations based on a fresh, exhaustive, and multidisciplinary critical analysis of relevant evidence. To understand as fully as possible the motivations, intentions, and understandings of the Indigenous and non-Indigenous signatories to the treaties, Ted Binnema places the treaties within the context of thousands of years of Vancouver Island history and hundreds of years of land-purchase agreements involving Indigenous peoples. The book explores the evolving concepts and principles of Indigenous title from the first Dutch and English treaties with Indigenous North Americans in the 1620s to the increasingly detailed articulations fuelled by debates and crises in Australia and New Zealand in the 1830s and 1840s. Binnema explains that Indigenous people themselves played important roles in the formation and elaboration of the principles of Indigenous title in the British World. Drawing on previously neglected archival documents and multidisciplinary evidence in linguistics, archaeology, anthropology, fisheries biology and biological sciences, and oral historiography, the book provides a new model for the study of the idea of Indigenous title and Indigenous land-purchase treaties worldwide.
The Vanished: A Novel
by Cara Putman"Putman's legal expertise shines in this compelling and intricately plotted romantic suspense. Highly recommended!" --Colleen Coble, USA Today best-selling author Janae Simmons left the small town of Kedgewick, Virginia, ten years ago to pursue her legal career and never looked back--until a professional mistake leads her to her grandmother's historic carriage house and to the town where her past threatens to find her. The quiet streets echo with her grandfather's sterling reputation, one that conflicts with fresh questions that claw at Janae, launching her on a reluctant journey to unearth his secrets. When her new job at a local law firm doesn't live up to expectations, she wonders if coming home was the right decision. Carter Montgomery starts his art preservation career with the only job he can get--director at the Elliott Museum of Art. At least Kedgewick is a nice enough town to provide him and his nephew with a safe place to grieve the loss of Carter's sister. But Carter's calm days disappear when an elderly woman claims two paintings in the museum's collection were stolen from her family during World War II. Carter enlists Janae's help to unravel the legal labyrinth of art ownership, and the peaceful facade of Kedgewick morphs into a hot bed of secrets. When an attorney turns up dead and Janae uncovers another painting, what began as a simple legal issue spirals into a race against time. As the web of intrigue tightens, the duo must confront a looming question: What dark truths lie beneath the surface, waiting to be exposed? "Cara Putman has once again created an exciting cast of characters. I was immediately drawn in by Janae and Carter's unique chemistry. This is one story you don't want to miss." --Rebecca Hemlock, award-winning author of Fury in the Shadows
The Vanishing Conscience
by John MacarthurAre you losing your ability to recognize sin? Are you becoming a person who finds it easy to shift blame, deny guilt, or excuse moral failure in yourself or others?In this challenging yet compelling book, John MacArthur encourages you to confront the culture's flight from moral responsibility. With sound biblical truth, this book shows how and why sin must be dealt with if you are to live in a way that pleases God. With clairty and insight, John MacArthur provides you with solutions for attaining a personal holiness that can take you from living a life of blame and denial to one of peace and freedom.Praise for The Vanishing Conscience:". . . a wake-up call and an alarm to jolt the sleeping church. Not all will like it, but all should read it. In this day of morality by majority, self-centered ministry, and twilight-zone theology, a clear word like this is long overdue." -Dr. Adrian Rogers, Pastor, Bellevue Baptist Church". . . a clear and prophetic word that we must hear and heed." -Dr. Joseph M. Stowell, President, Moody Bible Institute"With the clarion call of a prophet, MacArthur points us back to something we have forgotten: the value and importance of a clean conscience." -Greg Laurie, Senior Pastor, Harvest Christian Fellowship
The Vantage of Law: Its Role in Thinking about Law, Judging and Bills of Rights (Applied Legal Philosophy)
by James AllanThe premise of this book is that a shift of vantage will help elucidate various important issues of law related to judging, to bills of rights and to more abstract questions of legal philosophy. The work begins by focussing on the jurisprudential issue of whether it is desirable to keep separate the demands of law and of morality and uses the device of changing vantages to elucidate the many issues that fall under that aegis. This is followed by a consideration of how judges ought to do their job when interpreting and whether the rule of law ideal differs from rule by judges. The last part of the book focuses explicitly on bills of rights. Building on the earlier parts, the author uses his device of shifting vantages to provide insights into how these instruments affect democratic decision-making and from which perspectives they will look attractive and unattractive. Written in a clear, accessible and engaging style, the book demonstrates that vantage point is a key criterion affecting how one understands and evaluates, firstly, some of the theoretical debates in jurisprudence and then, secondly, what judges are doing and whether a bill of rights is desirable or not.
The Varieties of Goodness (Routledge Revivals)
by Georg Henrik von WrightFirst published in 1963, Varieties of Goodness presents analysis of the concept of value and its relations with the neighbouring concepts of fact and norm. The author discusses important themes such as instrumental and technical goodness; utilitarian goodness; goodness of faculties; active and passive pleasure; ethical hedonism; ideals of happiness; divisions of the virtues; connection between values and norms; concept of duty; and justice. This is a must read for scholars and researchers of philosophy.