Download or read book An Inconvenient Deliberation written by Miriam Haritz and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This vitally important book asks: Can the precautionary principle make uncertainty judiciable in the context of liability for the consequences of climate change, and, if so, to what extent? Drawing on the full range of pertinent existing literature and case law, the author examines the precautionary principle both in terms of its content and application and in the context of liability law. She analyses the indirect means offered by existing legislation being used by environmental groups and affected individuals before the courts to challenge both companies and regulators as responsible agents of climate change damage"--Page 4 of cover.
Download or read book An Inconvenient Deliberation written by Miriam Haritz and published by Kluwer Law International B.V.. This book was released on 2011-05-27 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is increasing evidence to suggest that adaptation to the inevitable is as relevant to climate change policymaking as mitigation efforts. Both mitigation and adaptation, as well as the unavoidable damage occurring both now and that is predicted to occur, all involve costs at the expense of diverse climate change victims. The allocation of responsibilities—implicit in terms of the burden-sharing mechanisms that currently exist in public and private governance—demands recourse under liability law, especially as it has become clear that most companies will only start reducing emissions if verifiable costs of the economic consequences of climate change, including the likelihood of liability, outweigh the costs of taking precautionary measures. This vitally important book asks: Can the precautionary principle make uncertainty judiciable in the context of liability for the consequences of climate change, and, if so, to what extent? Drawing on the full range of pertinent existing literature and case law, the author examines the precautionary principle both in terms of its content and application and in the context of liability law. She analyses the indirect means offered by existing legislation being used by environmental groups and affected individuals before the courts to challenge both companies and regulators as responsible agents of climate change damage. In the process of responding to its fundamental question, the analysis explores such further questions as the following: What is the role of the precautionary principle in resolving uncertainty in scientific risk assessment when faced with inconclusive evidence, and how does it affect decision-making, particularly in the regulatory choices concerning climate change? To this end, what is the concrete content of the precautionary principle? How does liability law generally handle scientific uncertainty? What different types of liability exist, and how are they equipped to handle a climate change liability claim? What type of liability is best suited for precautionary measures or a lack thereof? Can the application of the precautionary principle make a difference to the outcomes of climate change liability claims? In order to draw conclusions concerning the legal uncertainties posed by climate change, the author draws examples from national legislations representative of the various legal systems, as well as from existing treaties. General rules and obligations relevant to climate change liability are examined, and a selection of actual legal cases from around the world concerning climate change, be it actual liability claims or litigation indirectly relevant to a claim, is also presented. As an overview of the different legal challenges created by climate change liability, this book is without peer. The practical meaning and impact of these findings for lawyers (whether corporate or activist), for regulators and policymakers, and for decision-makers in governmental bodies and private companies is immeasurable.
Download or read book Deliberation Rhetoric and Emotion in the Discourse on Climate Change in the European Parliament written by Vebjørn Roald and published by Eburon Uitgeverij B.V.. This book was released on 2012 with total page 138 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Conciliatory Democracy written by Martin Ebeling and published by Springer. This book was released on 2017-04-07 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Martin Ebeling discusses how we ought to react to our persistent political disagreement with other citizens. He presents this disagreement as not only a moral problem, but also as an epistemically unsettling phenomenon, as we often have reason to judge our opposition to be as competent as ourselves in judging the political issues at stake. Conciliatory Democracy reflects on the political philosophy of Jean-Jacques Rousseau and claims that advocates of deliberative democracy, which treats political disagreement mainly as a moral problem, should expand their approach. The author promotes Rousseau’s appreciation of disagreement in contemporary political philosophy as a way to encourage conciliation within democracy. Ebeling furthermore draws on public choice theory and empirical research to reintroduce political parties as vital players in the institutional landscape of democracy.
Download or read book Intelligent and Knowledge Based Computing for Business and Organizational Advancements written by Sasaki, Hideyasu and published by IGI Global. This book was released on 2012-05-31 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: As organizations, businesses, and other institutions work to move forward during a new era of ubiquitous modern technology, new computing and technology implementation strategies are necessary to harness the shared knowledge of individuals to advance their organizations as a whole. Intelligent and Knowledge-Based Computing for Business and Organizational Advancements examines the emerging computing paradigm of Collective Intelligence (CI). The global contributions contained in this publication will prove to be essential to both researchers and practitioners in the computer and information science communities as these populations move toward a new period of fully technology-integrated business.
Download or read book Handbook of Democratic Innovation and Governance written by Stephen Elstub and published by Edward Elgar Publishing. This book was released on 2019-12-27 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democratic innovations are proliferating in politics, governance, policy, and public administration. These new processes of public participation are reimagining the relationship between citizens and institutions. This Handbook advances understanding of democratic innovations, in theory and practice, by critically reviewing their importance throughout the world. The overarching themes are a focus on citizens and their relationship to these innovations, and the resulting effects on political equality. The Handbook therefore offers a definitive overview of existing research on democratic innovations, while also setting the agenda for future research and practice.
Download or read book Research Handbook on Fundamental Concepts of Environmental Law written by Douglas Fisher and published by Edward Elgar Publishing. This book was released on 2022-11-25 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: This expanded and updated Research Handbook delivers an authoritative and in-depth guide to the conceptual foundations of environmental law. It offers a nuanced reflection on the underlying principles by exploring issues such as human rights, constitutional rights, sustainable development and environmental impact assessment within the context of environmental law.
Download or read book Practical Inferences written by D S Clarke and published by Taylor & Francis. This book was released on 2022-11-30 with total page 141 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1985, Practical Inferences describes how practical inferences are used. Starting with relatively simple inference patterns exhibited in everyday prudential decisions, the author extends a basic structural framework to the more complex inferences used in assessing probabilities, and finally to moral inferences. In this way what have been regarded as disparate activities are shown to exhibit fundamental similarities. The author argues that at all levels of decision-making the practical inferences used contain at least one premise expressing the desires or preferences of the agent. This is in opposition to the dominant view in Western philosophy that desires must be regulated or evaluated by means of principles of conduct discovered by rational procedures. By examining the premises implied by holders of this view, the author shows that they are inadequate bases for justifying practical decisions. This book will be of interest to students of philosophy, logic and mathematics.
Download or read book Ethical Concepts and Problems written by K. E. Løgstrup and published by Oxford University Press, USA. This book was released on 2020-04-30 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is first English edition of Ethical Concepts and Problems (1971) by Danish philosopher and theologian K. E. L�gstrup (1905-81). Originally published as a contribution to a textbook of ethics for students of theology, it propounds a philosophical ethics in continuity with Martin Luther's conception of the natural law. We find here the core idea from The Ethical Demand, that in our dealings with others we are faced with the demand that we take care of them, now conceptualized as the central tenet of an ontological ethics based on human interdependence as a fundamental condition of life. Later in his career, L�gstrup developed a conception of what he called 'the sovereign expressions of life'-spontaneous other-regarding impulses or ways of conduct such as trust, sincerity, and compassion-and these are here described and determined in their relation to the ethical demand and moral norms. Furthermore, this key text discusses a number of central ethical concepts such as duty, responsibility, will, and choice. L�gstrup also explores the relationship between love of the neighbour and politics, before finally concluding with an extensive discussion of political questions such as cultural policy, democracy, and the right of resistance. Ethical Concepts and Problems therefore offers an instructive survey of important parts of L�gstrup's ethical and political thinking, from theological issues like Luther's doctrine of the bondage of the will, to the ideas of philosophers such as Descartes, Kant, Nietzsche, and Kierkegaard. In this edition L�gstrup's original text is accurately rendered into readable English and paired with an introduction which explains the main themes and wider context of the work.
Download or read book Deliberating in the Real World written by John Parkinson and published by Oxford University Press, USA. This book was released on 2006-06-15 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Deliberative democracy has become the central reference point for democracy theorists over the last decade or so, influencing normative frameworks and the ways we conceptualize the workings of democratic societies. It has also been linked with a burst of experimentation with new procedures that involve citizens directly in deliberations about public policy.But there is a contradiction at the heart of deliberative democracy: it seems that it cannot deliver legitimate agreements. Deliberative decisions are said to be legitimate when all those subject to them take part in free and equal debate, but in complex societies that can never happen. Few people can deliberate together at any one time, certainly not in any strict sense, so how can the results of a deliberative event be legitimate for non-participants? And why would people with passionatelyheld views sit down and deliberate when there seems little advantage in them doing so?This book explores these problems in theory and practice, searching for a solution that does not merely dismiss a strict understanding of deliberative democratic criteria. It reconsiders the theory of legitimacy and deliberative democracy, but goes further by examining cases of deliberation on health policy in the United Kingdom to see what problems emerge in practice, and how real political actors deal with them. The result is a complete rethink of the institutional limits and possibilities ofdeliberative democracy, one which abandons the search for perfection in any one institution, and looks instead to the concept of a multifaceted deliberative system.
Download or read book The Ethical Demand written by K. E. Løgstrup and published by Oxford University Press, USA. This book was released on 2020-03-19 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Ethical Demand (1956) by K. E. L�gstrup is one of the great works of modern moral philosophy: it is presented here in a new translation with introduction and notes. L�gstrup puts forward his distinctive view concerning our vulnerability to each other and what this requires of us in response. He starts by considering Jesus's 'proclamation' to love your neighbour and how this can be understood in 'purely human terms' as relating to basic features of our existence. Reflecting on the phenomenon of trust, L�gstrup emphasizes the fundamental interdependence of human life and how this gives rise to an 'ethical demand' on us to care for the other, which he characterizes as radical, silent, one-sided, and unfulfillable. In order to make sense of a demand of this sort, L�gstrup argues, we must see 'life as a gift', rather than treating ourselves as the sovereign grounds for our own existence. He contrasts this demand to social norms, which are often reciprocal in this way, and argues that while such norms are changeable, the ethical demand itself is absolute. L�gstrup therefore makes a fundamental contribution to our understanding of the nature of-and basis for-our obligations to each other. In this critical edition, L�gstrup's original text is accurately rendered into readable English and paired with an introduction which explains the main themes and wider context of the work.
Download or read book The Legislative Branch written by Sarah A. Binder and published by Institutions of American Democracy Series. This book was released on 2005 with total page 628 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contains eighteen essays in which political scientists and scholars of public policy examine the performance of the U.S. Congress as a democratic institution, covering ideals and development, elections and representation, structures and processes, policy and performance, and assessments and prospects.
Download or read book The Powers and Duties of an Arbitrator written by Patricia Shaughnessy and published by Kluwer Law International B.V.. This book was released on 2017-04-15 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: The scope of the arbitrator’s powers in arbitration proceedings has been widely discussed in recent years, but remains understudied. Among prominent international arbitrators, none have focused on this issue more than Dr. Pierre A. Karrer. Dr. Karrer is celebrated here on the occasion of his seventy-fifth birthday by more than thirty leading arbitration practitioners and academics worldwide who have been part of, and have been influenced by, his extensive professional career. Following Dr. Karrer’s primary interests, notably his advocacy of a strong arbitrator role in proceedings as evidenced in his lectures, presentations, and publications as well as in his own arbitrations, the contributions in this book consider such questions as the following: ·What are the sources of an arbitrator’s power? ·What are the limits of an arbitrator’s power? ·Should arbitrators have a role in encouraging settlement? ·May arbitrators regulate and impose sanctions against counsel? ·How managerial should arbitrators be? ·What are the duties and liabilities of arbitrators? ·What is the nature of the arbitrator’s relationship to arbitral institutions? ·Are emergency arbitrators actually ‘arbitrators’? ·Should arbitrators raise issues of arbitrability and public policy ex officio? ·To what extent may arbitrators delegate tasks and use tribunal secretaries? With its in-depth perspectives on the arbitrator’s role, powers, and duties in an arbitration proceeding, and its extensive analysis of some of the most timely and controversial issues in arbitration today, this book offers an abundance of thought-provoking yet also practical commentary and guidance for practitioners and academics in the field of international arbitration and international commercial law.
Download or read book A Climate of Risk written by Lauren Hartzell-Nichols and published by Taylor & Francis. This book was released on 2017-04-07 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers an in-depth discussion of how and why we ought to take a precautionary approach to climate policy.
Download or read book Beyond Empathy and Inclusion written by Mary F. Scudder and published by Oxford University Press. This book was released on 2020-09-15 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Political theorists often see deliberation--understood as communication and debate among citizens--as a fundamental act of democratic citizenship. In other words, the legitimacy of a decision is not simply a function of the number of votes received, but the quality of the deliberation that precedes voting. Efforts to enhance the quality of deliberation have focused on designing more inclusive deliberative procedures or encouraging citizens to be more internally reflective or empathetic. But the adequacy of such efforts remains questionable. Beyond Empathy and Inclusion aims to better understand the prospects of democracy in a world where citizens are often uninterested or unwilling to engage across social distance and disagreement. Specifically, the book considers how our practices of listening affect the quality and democratic potential of deliberation. Mary F. Scudder offers a systematic theory of listening acts to explain the democratic force of listening. Modeled after speech act theory, Scudder's listening act theory shows how we do something in the act of listening, independent of the outcomes of this act. In listening to our fellow citizens, we recognize their moral equality of voice. Being heard by our fellow citizens is what ensures we have a say in the laws to which we are held. The book also tackles timely questions regarding the limits of toleration and listening in a democratic society. Do we owe listening even to democracy's enemies? After all, a virtue of democratic citizenship is the ability to resist political movements that seek to destroy democracy. Despite these challenges and risks, Scudder shows that listening is a key responsibility of democratic citizenship, and examines how listening can be used defensively to protect against threats to democracy. While listening is admittedly difficult, especially in pluralist societies, this book investigates how to motivate citizens to listen seriously, attentively, and humbly, even to those with whom they disagree.
Download or read book Inconvenient Strangers written by Shui-yin Sharon Yam and published by . This book was released on 2019 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines how three transnational groups in Hong Kong use familial narratives to promote critical empathy and decenter the oppressive logics behind dominant citizenship discourses.
Download or read book Rethinking the Environment for the Anthropocene written by Manuel Arias-Maldonado and published by Routledge. This book was released on 2019-01-15 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together the most current thinking about the Anthropocene in the field of Environmental Political Theory ('EPT'). It displays the distinctive contribution EPT makes to the task of thinking through what 'the environment' means in this time of pervasive human influence over natural systems. Across its chapters the book helps develop the idea of 'socionatural relations'—an idea that frames the environment in the Anthropocene in terms of the interconnected relationship between human beings and their surroundings. Coming from both well-established and newer voices in the field, the chapters in the book show the diversity of points of view theorists take toward the Anthropocene idea, and socionatural relations more generally. However, all the chapters exemplify a characteristic of work in EPT: the self-conscious effort to provide normative interpretations that are responsive to scientific accounts. The Introduction explains the complicated interaction between science and EPT, showing how it positions EPT to consider the Anthropocene. And the Afterword, by a pioneer in the field, relates all the chapters to a perspective that has been deeply influential in EPT. This book will be of interest to scholars already engaged in EPT. But it will also serve as an introduction to the field for students of Political Theory, Philosophy, Environmental Studies, and related disciplines, who will learn about the EPT approach from the Introduction, and then see it applied to the pressing question of the Anthropocene in the ensuing chapters. The book will also help readers interested in the Anthropocene from any disciplinary perspective develop a critical understanding of its political meanings.
