Intergenerational justic

Axel Gosseries, Lukas H. Meyer

Is it fair to leave the next generation a public debt? Is it defensible to impose legal rules on them through constitutional constraints? From combating climate change to ensuring proper funding for future pensions, concerns about ethics between generations are everywhere. In this volume sixteen philosophers explore intergenerational justice. Part One examines the ways in which various theories of justice look at the matter. These include libertarian, Rawlsian, sufficientarian, contractarian, communitarian, Marxian and reciprocity-based approaches. In Part Two, the authors look more specifically at issues relevant to each of these theories, such as motivation to act fairly towards future generations, the population dimension, the formation of preferences through education and how they impact on our intergenerational obligations, and whether it is fair to rely on constitutional devices.

Ethics and the Use of Force: Just War in Historical Perspective

James Turner Johnson

Highlighting the just war tradition in historical perspective, this valuable study looks at contemporary implications drawn out in the context of several important contemporary debates: within the field of religion, including both Christian and Islamic thought; within the field of debate related to the international law of armed conflicts; within the field of policy relating to the use of armed force where the issue is just war thinking vs. realism; and debates over pressing contemporary issues in the ethics of war which cross disciplinary lines.James Turner Johnson has been writing on just war tradition since 1975, developing the historical understanding of just war and seeking to draw out its implications for contemporary armed conflict. Frequently asked to lecture on topics drawn from his work, this current book brings together a number of essays which reflect his recent thinking on understanding how and why just war tradition coalesced in the first place, how and why it has developed as it has, and relating contemporary just war reasoning to the historical tradition of just war.

Making Amends: Atonement in Morality, Law, and Politics 

Linda Radzik

 

 Can wrongs be righted? Can we make up for our misdeeds, or does the impossibility of changing the past mean that we remain permanently guilty? While atonement is traditionally considered a theological topic, Making Amends uses the resources of secular moral philosophy to explore the possibility of correcting the wrongs we do to one another.
Philosophers generally approach the problem of past wrongdoing from the point of view of either a judge or a victim. They assume that wrongdoing can only be resolved through punishment or forgiveness. But this book explores the responses that wrongdoers can and should make to their own misdeeds, responses such as apology, repentance, reparations, and self-punishment. Making Amends explores the possibility of atonement in a broad spectrum of contexts--from cases of relatively minor wrongs in personal relationships, to crimes, to the historical injustices of our political and religious communities. It argues that wrongdoers often have the ability to earn redemption within the moral community.
Making Amends defends a theory of atonement that emphasizes the rebuilding of respect and trust among victims, communities and wrongdoers. The ideal of reconciliation enables us to explain the value of repentance without restricting our interest to the wrongdoer's character, to account for the power of reparations without placing a dollar value on dignity, to justify the suffering of guilt without falling into a simplistic endorsement of retribution, and to insist on the moral responsibility of wrongdoing groups without treating their members unfairly.

Ethnic diversity and federalism: constitution making in South Africa and Ethiopia 

Yonatan Tesfaye Fessha

 

How federalism can be used to provide recognition and accommodate ethnic groups is an important topic, not only in Africa, but in multi-ethnic communities around the world. Examining how institutions of multi-ethnic states have been designed to accommodate ethnic diversity while at the same time maintaining national unity, this book locates institutional responses to the challenges of ethnic diversity within the context of a federal arrangement. It examines how a federal arrangement has been used to reconcile the conflicting pressures of the demand for the recognition of distinctive identities on the one hand, and the promotion of political and territorial integrity, on the other. Comparative case studies of South Africa and Ethiopia as the two federal systems provide a contrasting approach to issues of ethnic diversity. Suggesting new ways in which federalism might work, the author identifies key institutional lessons which will help to build an all-inclusive society.

This is an invaluable contribution to federalism literature for scholars and practitioners in existing and emerging federal states. It provides concrete lessons and approaches for multi-ethnic states to balance diversity and national unity These lessons will have impact beyond the case studies in this book, now and in the future. Robert E. Williams, Rutgers University School of Law, USA.

The increasingly burning question in law and politics in our globalized world of how to deal with multi-culturally composed populations, is addressed in this comparative study of two topical African examples where nation-building remains an unattainable ideal. The histories of both teach us how urgent innevative constitutional thinking has become. Francois Venter, North-West University, South Africa.

Disability Studies: An Interdisciplinary Introduction

Dan Goodley

                 
This introduction to disability studies represents a clear, engaging and consistently thought-provoking study of the field. The book discusses the global nature of disability studies and disability politics, introduces key debates in the field and represents the intersections of disability studies with feminist, class, queer and postcolonial analyses. The book has a clear and coherent format which matches the interdisciplinary framework of disability studies - including chapters on sociology, critical psychology, discourse analysis, psychoanalysis and education. Sitting alongside discussions on the global and glocal significance of disability studies these chapters include: Society: Sociological disability studies Individuals: De-psychologising disability studies Psychology: Critical psychological disability studies Culture: Psychoanalytic disability studies Education: Inclusive disability studies Each chapter engages with important areas of analysis such as the individual, society, community and education to explore the realities of oppression experienced by disabled people and to develop the possibilities for addressing it. Broad, dynamic and interdisciplinary in scope this book will be crucial reading for students, researchers and practitioners alike.

The Oxford handbook of neuroethics
Judy Illes, Barbara J. Sahakian

The past two decades have seen unparalleled developments in our knowledge of the brain and mind. However, these advances have forced us to confront head-on some significant ethical issues regarding our application of this information in the real world- whether using brain images to establish guilt within a court of law, or developing drugs to enhance cognition.
Historically, any consideration of the ethical, legal, and social implications of emerging technologies in science and medicine has lagged behind the discovery of the technology itself. These delays have caused problems in the acceptability and potential applications of biomedical advances and posed significant problems for the scientific community and the public alike - for example in the case of genetic screening and human cloning. The field of Neuroethics aims to proactively anticipate ethical, legal and social issues at the intersection of neuroscience and ethics, raising questions about what the brain tells us about ourselves, whether the information is what people want or ought to know, and how best to communicate it.
A landmark in the academic literature, the Oxford Handbook of Neuroethics presents a pioneering review of a topic central to the sciences and humanities. It presents a range of chapters considering key issues, discussion, and debate at the intersection of brain and ethics. The handbook contains more than 50 chapters by leaders from around the world and a broad range of sectors of academia and clinical practice spanning the neurosciences, medical sciences and humanities and law. The book focuses on and provides a platform for dialogue of what neuroscience can do, what we might expect neuroscience will do, and what neuroscience ought to do. The major themes include: consciousness and intention; responsibility and determinism; mind and body; neurotechnology; ageing and dementia; law and public policy; and science, society and international perspectives.
Tackling some of the most significant ethical issues that face us now and will continue to do so over the coming decades, The Oxford Handbook of Neuroethics will be an essential resource for the field of neuroethics for graduate students and postdoctoral fellows, basic scientists in the neurosciences and psychology, scholars in humanities and law, as well as physicians practising in the areas of primary care in neurological medicine. (Fonte: "Google Libri")

Law and neuroscience
Michael D. A. Freeman

Current Legal Issues, like its sister volume Current Legal Problems, is based upon an annual colloquium held at University College London. Each year leading scholars from around the world gather to discuss the relationship between law and another discipline of thought. Each colloquium examines how the external discipline is conceived in legal thought and argument, how the law is pictured in that discipline, and analyses points of controversy in the use, and abuse, of extra-legal arguments within legal theory and practice. Law and Neuroscience,the latest volume in the Current Legal Issues series, offers an insight into the state of law and neuroscience scholarship today. Focusing on the inter-connections between the two disciplines, it addresses the key issues informing current debates. (Fonte: "Google Libri")

Empathy:
Philosophical and Psychological Perspectives

Amy Coplan, Peter Goldie

Empathy has for a long time, at least since the eighteenth century, been seen as centrally important in relation to our capacity to gain a grasp of the content of other people's minds, and predict and explain what they will think, feel, and do; and in relation to our capacity to respond to others ethically. In addition, empathy is seen as having a central role in aesthetics, in the understanding of our engagement with works of art and with fictional characters. A fuller understanding of empathy is now offered by the interaction of research in science and the humanities. Empathy: Philosophical and Psychological Perspectives draws together nineteen original chapters by leading researchers across several disciplines, together with an extensive Introduction by the editors. The individual chapters reveal how important it is, in a wide range of fields of enquiry, to bring to bear an understanding of the role of empathy in its various guises. This volume offers the ideal starting-point for the exploration of this intriguing aspect of human life. (Fonte: "Google Libri")

Rhetorics of bodily disease and health in medieval and early modern England
Jennifer C. Vaught

Susan Sontag in Illness as Metaphor and AIDS and Its Metaphors points to the vital connection between metaphors and bodily illnesses, though her analyses deals mainly with modern literary works. This collection of essays examines the vast extent to which rhetorical figures related to sickness and health-metaphor, simile, pun, analogy, symbol, personification, allegory, oxymoron, and metonymy-inform medieval and early modern literature, religion, science, and medicine in England and its surrounding European context. In keeping with the critical trend over the past decade to foreground the matter of the body and the emotions, these essays track the development of sustained, nuanced rhetorics of bodily disease and health-physical, emotional, and spiritual. The contributors to this collection approach their intriguing subjects from a wide range of timely, theoretical, and interdisciplinary perspectives, including the philosophy of language, semiotics, and linguistics; ecology; women's and gender studies; religion; and the history of medicine. The essays focus on works by Dante, Chaucer, Spenser, Shakespeare, Donne, and Milton among others; the genres of epic, lyric, satire, drama, and the sermon; and cultural history artifacts such as medieval anatomies, the arithmetic of plague bills of mortality, meteorology, and medical guides for healthy regimens. (Fonte: "Google Libri")

Making all the difference:
inclusion, exclusion, and American law

Martha Minow

Martha Minow here takes a hard look at the way our legal system functions. She confronts a variety of dilemmas of difference resulting from contradictory legal strategies--strategies that attempt to correct inequalities by sometimes recognizing and sometimes ignoring differences. Minow argues, in effect, for a reconstructed jurisprudence based on the ability to recognize and work with perceptible forms of difference (Fonte: "Google Libri")

Beyond the Established Legal Orders:
Policy Interconnections Between the EU and the Rest of the World

Malcolm Evans, Panos Koutrakos

A lively debate on the constitutionalisation of the international legal order has emerged in recent years. A similar debate has also taken place within the European Union. This book complements that debate, exploring the underlying realities that the moves towards constitutionalism seek to address. It does this by focusing on the substantive interconnections that the EU has developed over the years with the rest of the world, and assesses the practical impact these have both in the development of its legal order as well as in the international community.Based on papers delivered at the bi-annual EU/International Law Forum organised by the University of Bristol in March 2009, this collection of essays examines policy areas of economic governance (trade, financial services, migration, environment), political governance (human rights, criminal law, responses to financing terrorism), security governance (counter-terrorism, use of force, non-proliferation), and the issue of the emergence of European and global values. How are these areas shaped by the interaction between EU law and other legal orders and polities? In what ways does the EU impact on other transnational legal systems? And how are its own rules and principles shaped by such systems? These questions are addressed in the light of the specific legal and political context within which the EU pursues its policies by interacting with the rest of the world. (Fonte: "Google Libri")

Objectivity and the rule of law
Matthew H. Kramer

What is objectivity? What is the rule of law? Are the operations of legal systems objective? If so, in what ways and to what degrees are they objective? Does anything of importance depend on the objectivity of law? These are some of the principal questions addressed by Matthew H. Kramer in this lucid and wide-ranging study that introduces readers to vital areas of philosophical enquiry. As Kramer shows, objectivity and the rule of law are complicated phenomena, each comprising a number of distinct though overlapping dimensions. Although the connections between objectivity and the rule of law are intimate, they are also densely multi-faceted. (Fonte: "Google Libri")

Networks as Connected Contracts:
Edited with an Introduction by Hugh Collins

Gunther Teubner

Business networks consist of several independent businesses that enter into interrelated contracts, conferring on the parties many of the benefits of co-ordination achieved through vertical integration in a single firm, without creating a single integrated business such as a corporation or partnership. Retail franchises are one such example of a network, but the most common instance is a credit card transaction between a customer, retailer, and the issuer of the card. How should the law analyse this hybrid economic phenomenon? It is neither exactly a market relationship - because that overlooks the co-ordination, relational qualities and interdependence of the contracts - but nor is it a type of business association or company, because it lacks a centralised co-ordinating authority that receives the residual profits. This book is a translation of Gunther Teubner's classic work on networks, setting out his novel legal concept of 'connected contracts'. In it he explains how this concept addresses the problems posed by networks, such as the question whether the network as a whole can be held legally responsible for damage that it causes to third parties such as customers. A substantial introduction by Hugh Collins explains the analysis of networks in the context of German law and the systems theory from which Teubner approaches the topic. The introduction also explores how far the concept of connected contracts might assist in the common law world, including the UK and the USA, to address the same problems that arise in cases involving networks. As well as making a contribution to comparative law and legal theory, the book will be of interest to scholars interested in contract law, commercial law and the law of business associations. (Fonte: "Google Libri")

Research methodologies in EU and international law
Robert Cryer, Hugh Collins, Alexandra Böhm

Law PhD students often begin their PhDs without having an awareness of methodology, or the opportunity to think about the practice of research and its theoretical implications. Law Schools are, however, increasingly alive to the need to provide training in research methods to their students. They are also alive to the need to develop the research capacities of their early career scholars, not least for the Research Excellence Framework exercise. This book offers a structured approach to doing so, focusing on issues of methodology - i.e., the theoretical elements of research - within the context of EU and international law.The book can be used alone, or could form the basis of a seminar-based course, or a departmental, or even regional, discussion group. At the core of the book are the materials produced for a series of workshops, funded by the Arts & Humanities Research Council's Collaborative Doctoral Training Fund, on Legal Research Methodologies in EU and international law. These materials consist of a document with readings on main and less mainstream methodological approaches (what we call modern and critical approaches, and the 'law and' approaches) to research in EU and international law, and a series of questions and exercises which encourage reflection on those readings, both in their own terms, and in terms of different research agendas. There are also supporting materials, giving guidance on practical matters, such as how to give a paper or be a discussant at an academic conference.The basic aim of the book is to help scholars in EU and international law reflect on their research: where does it fit within the discipline, what kinds of research questions they think interesting, how do they pursue them, what theoretical perspective best supports their way of thinking their project, and so on. The book is aimed both at PhD students and early career scholars in EU and international law, and also at more established scholars who are interested in reflecting on the development of their discipline, as well as supervising research projects. (Fonte: "Google Libri")

Same-sex unions across the United States
Mark Philip Strasser

While members of the lesbian, gay, bisexual, and transgender (LGBT) community live throughout the United States, only some states offer legal recognition of or protection for LGBT families. To make matters even more complicated, our society is extremely mobile, whether because individuals are crossing state lines to go on vacation or in search of employment. At least one question posed by this very uncertain state of affairs involves the conditions, if any, under which one state may or must recognize a family relationship that was formed in another state. This book attempts to clarify a number of issues regarding LGBT partners and their families. While two chapters discuss federal equal protection and privacy guarantees and argue that the United States Constitution, properly understood, requires all states to recognize same-sex marriage, the rest of the book assumes that those guarantees do not impose such a requirement. Different chapters examine both the Federal Defense of Marriage Act and individual state Defense of Marriage Acts, explaining some of the ways that they may impact families involving cohabitating, unmarried adults. The Constitution's full faith and credit guarantees are often misunderstood; here, they are explained with respect to marriage and divorce recognition as well as to child custody and visitation orders. The right to travel is a separate right protected under the United States Constitution, and its possible ramifications for LGBT families are explored. Finally, one chapter critically evaluates the proposal that legislation should be passed to protect individuals who object to LGBT families as a matter of conscience. (Fonte: "Google Libri")

Stories about Science in Law:
Literary and Historical Images of Acquired Expertise

David S. Caudill

This book introduces a hybrid methodology for approaching literary representations of science in legal contexts. The work draws upon law-and-literature studies - as a critical enterprise to understand and evaluate law both by its focus on literary images of legal processes and institutions, and its use of literary critical methods - and literature-and-science studies - as a parallel, critical enterprise to understand and evaluate science both by its focus of literary images of scientists, and its use of literary critical methods. The book provide an introduction to the field followed by a series of exemplary studies that vary significantly: (1) a collection of short stories by a Spanish scientist (Cajal), (2) a play about science and culture (Ibsen), (3) a survey of lawyer movies involving expert witnesses, (4) a quasi-true-crime "novel" that is critical of old-fashioned psychology in the courtroom (Capote), and (5) a 19th-century medical journal article recounting a failure in the legal system with respect to an alleged arsenic poisoning (Jackson) - each study reveals an aspect of the use of science in law, as well as an aspect of science itself, with reference to the literary source in question.The book presents examples of how literary sources can provide a supplement to our understanding of science in law. Challenging the view that law and science are completely different, insofar as the former is associated with social or communal conventions, rhetorical strategies, and local institutions, the study discusses texts that suggest that science shares those very same features with law.

(Fonte: "Google Libri")

30 Novembre 2011

ore 15,00

Palazzo Steri

Sala Magna

CONFERENZA - DIBATTITO

Il nuovo codice delle misure di

prevenzione antimafia:

criticità e proposte di modifica

D.Lgs. 6 Settembre 2011

28 Novembre 2011

ore 17,00

Palazzo Chiaramonte - Steri

Rettorato - Unipa

Piazza marina, 61

Palermo

Mafias on the move:
how organized crime conquers new territories

Federico Varese

Organized crime is spreading like a global virus as mobs take advantage of open borders to establish local franchises at will. That at least is the fear, inspired by stories of Russian mobsters in New York, Chinese triads in London, and Italian mafias throughout the West.
As Federico Varese explains in this compelling and daring book, the truth is more complicated. Varese has spent years researching mafia groups in Italy, Russia, the United States, and China, and argues that mafiosi often find themselves abroad against their will, rather than through a strategic plan to colonize new territories. Once there, they do not always succeed in establishing themselves. Varese spells out the conditions that lead to their long-term success, namely sudden market expansion that is neither exploited by local rivals nor blocked by authorities. Ultimately the inability of the state to govern economic transformations gives mafias their opportunity.
In a series of matched comparisons, Varese charts the attempts of the Calabrese 'Ndrangheta to move to the north of Italy, and shows how the Sicilian mafia expanded to early twentieth-century New York, but failed around the same time to find a niche in Argentina. He explains why the Russian mafia failed to penetrate Rome but succeeded in Hungary. In a pioneering chapter on China, he examines the challenges that triads from Taiwan and Hong Kong find in branching out to the mainland. Based on ground-breaking field work and filled with dramatic stories, this book is both a compelling read and a sober assessment of the risks posed by globalization and immigration for the spread of mafias.

Unified Growth Theory
Oded Galor

For most of the vast span of human history, economic growth was all but nonexistent. Then, about two centuries ago, some nations began to emerge from this epoch of economic stagnation, experiencing sustained economic growth that led to significant increases in standards of living and profoundly altered the level and distribution of wealth, population, education, and health across the globe. The question ever since has been--why?
This is the first book to put forward a unified theory of economic growth that accounts for the entire growth process, from the dawn of civilization to today. Oded Galor, who founded the field of unified growth theory, identifies the historical and prehistorical forces behind the differential transition timing from stagnation to growth and the emergence of income disparity around the world. Galor shows how the interaction between technological progress and population ultimately raised the importance of education in coping with the rapidly changing technological environment, brought about significant reduction in fertility rates, and enabled some economies to devote greater resources toward a steady increase in per capita income, paving the way for sustained economic growth.
•Presents a unified theory of economic growth from the dawn of civilization to today
•Explains the worldwide disparities in living standards and population we see today
•Provides a comprehensive overview of the three phases of the development process
•Analyzes the Malthusian theory and its empirical support
•Examines theories of demographic transition and their empirical significance
•Explores the interaction between economic development and human evolution