Download or read book On Retaliation written by Bertram Turner and published by Berghahn Books. This book was released on 2017-04-01 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Retaliation is associated with all forms of social and political organization, and retaliatory logics inform many different conflict resolution procedures from consensual settlement to compensation to violent escalations. This book derives a concept of retaliation from the overall notion of reciprocity, defining retaliation as the human disposition to strive for a reactive balancing of conflicts and injustices. On Retaliation presents a synthesized approach to both the violence-generating and violence-avoiding potentials of retaliation. Contributors to this volume touch upon the interaction between retaliation and violence, the state’s monopoly on legitimate punishment and the factors of socio-political frameworks, religious interpretations and economic processes.
Download or read book Reciprocity and Retaliation in U S Trade Policy written by Thomas O. Bayard and published by Peterson Institute for International Economics. This book was released on 1994 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should the United States use retaliatory threats to open foreign markets or deter unfair trading practices? This study reexamines the arguments for and against reciprocity and retaliatory threats in light of actual experience since early 1975, especially the United States' aggressive use of the section 301, special 301, and super 301 provisions of US trade law, which gives the president broad authority to retaliate against "unjustifiable, unreasonable, or discriminatory" foreign trade practices. It analyzes the advantages and disadvantages of these policies and the circumstances under which they are likely to succeed or fail. The study contains an empirical assessment of all section 301 cases concluded between 1975 and 1993. It also provides detailed case studies of various trade conflicts, including the super 301 negotiations involving Japan, Brazil, India, Taiwan, and Korea, financial services disputes with Japan and the European Union, the US-EU conflict over oilseeds, and the US-Japan beef and citrus negotiations. It concludes with an assessment of how the world trading system will change in the aftermath of the Uruguay Round of multilateral negotiations and why it is necessary and desirable for US policy to move from aggressive unilateralism to a strategy of aggressive multilateralism.
Download or read book Reciprocity U S Trade Policy and the GATT Regime written by Carolyn Rhodes and published by Cornell University Press. This book was released on 1993 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Non Retaliation in Early Jewish and New Testament Texts written by Gordon Zerbe and published by Bloomsbury Publishing. This book was released on 2015-01-29 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study examines the varieties and continuities of ethical exhortations and ideals in the Jewish and Christian traditions (c. 200 BCE-100 CE) that fall under the rubric of non-retaliation. One of the principal conclusions of this thought-provoking work is that a critical factor in determining the shape of non-retaliatory ethics is whether the exhortation is applied to relations within the local and/or elect community or to relations with oppressors of the elect community. It becomes apparent also that the non-retaliatory ethic of the NT stands solidly in the tradition of non-retaliatory ethics in Early Judaism.
Download or read book Reciprocity in Public International Law written by Arianna Whelan and published by Cambridge University Press. This book was released on 2023-03-02 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a common perception of reciprocity as a concept that is opposed to the communitarian interests that characterise contemporary international law, or merely a way of denoting reactions to unfriendly or wrongful conduct. This book disputes this approach, and highlights how reciprocity is instead linked to the structural characteristic of sovereign equality of States in international law. This book carries out an in-depth analysis of the concept of reciprocity and the elements that characterise it, before examining the various roles and articulations of reciprocity in a number of fields of public international law: the law of treaties, the treatment of individuals, the execution of international law, and the jurisdiction of international courts and tribunals. In all these areas, it analyses both more traditional and more contemporary examples, to demonstrate how reciprocity is closely linked to the very structure of public international law.
Download or read book Diplomatic Law written by Eileen Denza and published by Oxford University Press. This book was released on 2016 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1961 Vienna Convention on Diplomatic Relations has for over 50 years been central to diplomacy and applied to all forms of relations among sovereign States. Participation is almost universal. The rules giving special protection to ambassadors are the oldest established in international law and the Convention is respected almost everywhere. But understanding it as a living instrument requires knowledge of its background in customary international law, of the negotiating history which clarifies many of its terms and the subsequent practice of states and decisions of national courts which have resolved other ambiguities. Diplomatic Law provides this in-depth Commentary. The book is an essential guide to changing methods of modern diplomacy and shows how challenges to its regime of special protection for embassies and diplomats have been met and resolved. It is used by ministries of foreign affairs and cited by domestic courts world-wide. The book analyzes the reasons for the widespread observance of the Convention rules and why in the special case of communications - where there is flagrant violation of their special status - these reasons do not apply. It describes how abuse has been controlled and how the immunities in the Convention have survived onslaught by those claiming that they should give way to conflicting entitlements to access to justice and the desire to punish violators of human rights. It describes how the duty of diplomats not to interfere in the internal affairs of the host State is being narrowed in the face of the communal international responsibility to monitor and uphold human rights.
Download or read book Readings in Public Choice and Constitutional Political Economy written by Charles Rowley and published by Springer Science & Business Media. This book was released on 2008-08-09 with total page 617 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public choice is the study of behavior at the intersection of economics and political science. Since the pioneering work of Duncan Black in the 1940s, public choice has developed a rich literature, drawing from such related perspectives as history, philosophy, law, and sociology, to analyze political decision making (by citizen-voters, elected officials, bureaucratic administrators, lobbyists, and other "rational" actors) in social and economic context, with an emphasis on identifying differences between individual goals and collective outcomes. Constitutional political economy provides important insights into the relationship between effective constitutions and the behavior of ordinary political markets. In Readings in Public Choice and Constitutional Political Economy, Charles Rowley and Friedrich Schneider have assembled an international array of leading authors to present a comprehensive and accessible overview of the field and its applications. Covering a wide array of topics, including regulation and antitrust, taxation, trade liberalization, political corruption, interest group behavior, dictatorship, and environmental issues, and featuring biographies of the founding fathers of the field, this volume will be essential reading for scholars and students, policymakers, economists, sociologists, and non-specialist readers interested in the dynamics of political economy.
Download or read book The Persistence of Reciprocity in International Humanitarian Law written by Bryan Peeler and published by Cambridge University Press. This book was released on 2019-10-24 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: The expectation of reciprocity continues to be an important factor when states' consider their legal obligations in armed conflicts. In this monograph, Peeler looks at the text and negotiations around the 1949 Geneva Conventions and the Protocols Additional to the Geneva Conventions from 1977 to demonstrate the many places where international humanitarian law maintains expectations of reciprocity. This complements an examination of US policy regarding its Prisoner of War obligations in both the Vietnam War and the Global War on Terror, demonstrating how states make use of the expectation of reciprocity found in international humanitarian law to respond to continued non-compliance by an enemy.
Download or read book Game Theory Evolving written by Herbert Gintis and published by Princeton University Press. This book was released on 2000 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of strategic action (game theory) is moving from a formal science of rational behavior to an evolutionary tool kit for studying behavior in a broad array of social settings. In this problem-oriented introduction to the field, Herbert Gintis exposes students to the techniques and applications of game theory through a wealth of sophisticated and surprisingly fun-to-solve problems involving human (and even animal) behavior. Game Theory Evolving is innovative in several ways. First, it reflects game theory's expansion into such areas as cooperation in teams, networks, the evolution and diffusion of preferences, the connection between biology and economics, artificial life simulations, and experimental economics. Second, the book--recognizing that students learn by doing and that most game theory texts are weak on problems--is organized around problems, and introduces principles through practice. Finally, the quality of the problems is simply unsurpassed, and each chapter provides a study plan for instructors interested in teaching evolutionary game theory. Reflecting the growing consensus that in many important contexts outside of anonymous markets, human behavior is not well described by classical "rationality," Gintis shows students how to apply game theory to model how people behave in ways that reflect the special nature of human sociality and individuality. This book is perfect for upper undergraduate and graduate economics courses as well as a terrific introduction for ambitious do-it-yourselfers throughout the behavioral sciences.
Download or read book The Law and Economics of Irrational Behavior written by Francesco Parisi and published by Stanford University Press. This book was released on 2005 with total page 634 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays explores the most relevant developments at the interface of economics and psychology, giving special attention to models of irrational behavior, and draws the relevant implications of such models for the design of legal rules and institutions. The application of economic models of irrational behavior to law is especially challenging because specific departures from rational behavior differ markedly from one another. Furthermore, the analytical and deductive instruments of economic theory have to be reshaped to deal with the fragmented and heterogeneous findings of psychological research, turning towards a more experimental and inductive methodology. This volume brings together pioneering scholars in this area, along with some of the most exciting developments in the field of legal and economic theory. Areas of application include criminal law and sentencing, tort law, contract law, corporate law, and financial markets.
Download or read book The Early Church on Killing written by Ronald J. Sider and published by Baker Books. This book was released on 2012-07-01 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: What did the early church believe about killing? What was its view on abortion? How did it approach capital punishment and war? Noted theologian and bestselling author Ron Sider lets the testimony of the early church speak in the first of a three-volume series on biblical peacemaking. This book provides in English translation all extant data directly relevant to the witness of the early church until Constantine on killing. Primarily, it draws data from early church writings, but other evidence, such as archaeological finds and Roman writings, is included. Sider taps into current evangelical interest in how the early church informs contemporary life while presenting a thorough, comprehensive treatment on topics of perennial concern. The book includes brief introductions to every Christian writer cited and explanatory notes on many specific texts.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book In Place of Inter state Retaliation written by William Phelan and published by . This book was released on 2015 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike many other trade regimes, the European Union forbids the use of inter-state retaliation to enforce its obligations, and rules out the use of common 'escape' mechanisms such as anti-dumping between the EU member states. How does the EU do without these mechanisms that appear so vital to the political viability of other international trade regimes, including the World Trade Organization? How, therefore, is the European legal order, with the European Court of Justice at its centre, able to be so much more binding and intrusive than the legal obligations of many other trade regimes? This book puts forward a new explanation of a key part of the European Union's legal system, emphasising its break with the inter-state retaliation mechanisms and how Europe's special form of legal integration is facilitated by intra-industry trade, parliamentary forms of national government, and European welfare states. It argues first that the EU member states have allowed the enforcement of EU obligations by domestic courts in order to avoid the problems associated with enforcing trade obligations by constant threats of trade retaliation. It argues second that the EU member states have been able to accept such a binding form of dispute settlement and treaty obligation because the policy adjustments required by the European legal order were politically acceptable. High levels of intra-industry trade reduced the severity of the economic adjustments required by the expansion of the European market, and inclusive and authoritative democratic institutions in the member states allowed policy-makers to prioritise a general interest in reliable trading relationships even when policy changes affected significant domestic lobbies. Furthermore, generous national social security arrangements protected national constituents against any adverse consequences arising from the expansion of European law and the intensification of the European market. The European legal order should therefore be understood as a legalized dispute resolution institution well suited to an international trade and integration regime made up of highly interdependent parliamentary welfare states.
Download or read book Settler Sovereignty written by Lisa Ford and published by Harvard University Press. This book was released on 2010 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a brilliant comparative study of law and imperialism, Lisa Ford argues that modern settler sovereignty emerged when settlers in North America and Australia defined indigenous theft and violence as crime. This occurred, not at the moment of settlement or federation, but in the second quarter of the nineteenth century when notions of statehood, sovereignty, empire, and civilization were in rapid, global flux. Ford traces the emergence of modern settler sovereignty in everyday contests between settlers and indigenous people in early national Georgia and the colony of New South Wales. In both places before 1820, most settlers and indigenous people understood their conflicts as war, resolved disputes with diplomacy, and relied on shared notions like reciprocity and retaliation to address frontier theft and violence. This legal pluralism, however, was under stress as new, global statecraft linked sovereignty to the exercise of perfect territorial jurisdiction. In Georgia, New South Wales, and elsewhere, settler sovereignty emerged when, at the same time in history, settlers rejected legal pluralism and moved to control or remove indigenous peoples.
Download or read book The Encyclopedia of Public Choice written by Charles Rowley and published by Springer Science & Business Media. This book was released on 2008-01-25 with total page 1142 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Encyclopedia provides a detailed and comprehensive account of the subject known as public choice. However, the title would not convey suf- ciently the breadth of the Encyclopedia’s contents which can be summarized better as the fruitful interchange of economics, political science and moral philosophy on the basis of an image of man as a purposive and responsible actor who pursues his own objectives as efficiently as possible. This fruitful interchange between the fields outlined above existed during the late eighteenth century during the brief period of the Scottish Enlightenment when such great scholars as David Hume, Adam Ferguson and Adam Smith contributed to all these fields, and more. However, as intell- tual specialization gradually replaced broad-based scholarship from the m- nineteenth century onwards, it became increasingly rare to find a scholar making major contributions to more than one. Once Alfred Marshall defined economics in neoclassical terms, as a n- row positive discipline, the link between economics, political science and moral philosophy was all but severed and economists redefined their role into that of ‘the humble dentist’ providing technical economic information as inputs to improve the performance of impartial, benevolent and omniscient governments in their attempts to promote the public interest. This indeed was the dominant view within an economics profession that had become besotted by the economics of John Maynard Keynes and Paul Samuelson immediately following the end of the Second World War.
Download or read book Lex Talionis in Early Judaism and the Exhortation of Jesus in Matthew 5 38 42 written by James Davis and published by Bloomsbury Publishing. This book was released on 2005-02-15 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Matthew 5:38-42, Jesus overrides the Old Testament teaching of 'an eye for eye and a tooth for a tooth' - the Lex Talionis law - and commands his disciples to turn the other cheek. James Davis asks how Jesus' teaching in this instance relates to the Old Testament talionic commands, how it relates to New Testament era Judaism and what Jesus required from his disciples and the church. Based on the Old Testament texts such as Leviticus 24, Exodus 22 and Deuteronomy 19, a strong case can be made that the Lex Talionis law was understood to have a literal application there are several texts that text of Leviticus 24 provides the strongest case that a literal and judicial application. However, by the second century AD and later, Jewish rabbinic leadership was essentially unified that the OT did not require a literal talion, but that financial penalties could be substituted in court matters. Yet there is evidence from Philo, Rabbi Eliezer and Josephus that in the first century AD the application of literal talion in judicial matters was a major and viable Jewish viewpoint at the time of Jesus. Jesus instruction represents a different perspective from the OT lex talionis texts and also, possibly, from the Judaism of his time. Jesus commands the general principle of not retaliation against the evil person and intended this teaching to be concretely applied, as borne out in his own life. JSNTS
Download or read book The New Palgrave Dictionary of Economics and the Law written by NA NA and published by Springer. This book was released on 2016-04-30 with total page 696 pages. Available in PDF, EPUB and Kindle. Book excerpt: A great deal of economics is about law - the functioning of markets, property rights and their enforcement, financial obligations, and so forth - yet these legal aspects are almost never addressed in the academic study of economics. Conversely, the study and practice of law entails a significant understanding of economics, yet the drafting and administration of laws often ignore economic principle. The New Palgrave Dictionary of Economics and the Law is uniquely placed by the quality, breadth and depth of its coverage to address this need for building bridges. Drawn from the ranks of academics, professional lawyers, and economists in eight countries, the 340 contributors include world experts in their fields. Among them are Nobel laureates in economics and eminent legal scholars. First published in 1998 and now available in paperback for the first time, The New Palgrave Dictionary of Economics and the Law has established itself as a classic reference work in this important field.
