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Oxford Legal Philosophy

What are the moral and legal issues of contemporary warfare? Drawing on cutting-edge debates in moral philosophy, this book proposes how the laws of war can be evaluated, criticized, and reformed, making a valuable and timely contribution to a pressing international debate.

The laws are not silent in war, but what should they say? What is the moral function of the law of armed conflict? Should the law protect civilians who do not fight but help those who do? Should the law protect soldiers who perform non-combat functions or who may be safely captured? How certain should a soldier be that an individual is a combatant rather than a civilian before using lethal force? What risks should soldiers take on themselves to avoid harming civilians? When do inaccurate weapons become unlawfully indiscriminate? When does 'collateral damage' to civilians become unlawfully disproportionate? Should civilians lose their legal rights by serving, voluntarily or involuntarily, as human shields? Finally, when should killing civilians constitute a war crime? These are the questions that Law and Morality at War answers, contributing to a cutting-edge international debate. 

Drawing on the concepts and methods of contemporary moral and legal philosophy, the book develops a normative framework within which the laws of war and international criminal law can be evaluated, criticized, and reformed. While several philosophical works critically examine the moral status of civilians and combatants, this book fills a gap, offering both an account of the laws of war and war crimes, and proposing how the law could be improved from a moral point of view.

Haque Adil Ahmad: Law and Morality at
War

Law and Morality at War

<ul><li>1: Introduction</li> <li>2: Law and Morality</li> <li>3: Civilians</li> <li>4: Combatants</li> <li>5: Distinction</li> <li>6: Discrimination</li> <li>7: Precautions</li> <li>8: Proportionality</li> <li>9: Human Shields</li> <li>10: War Crimes</li> <li>Appendix: Revisionism</li> </ul>

The Principle of Legality reopens the question of what happens when statutory interpretation overrides common law rights and principles. Drawing on the philosophy of language and general jurisprudence, it demonstrates that judges, when invoking the 'principle of legality', are in fact engaging in profound moral reasoning.

A Moral Theory

The Principle of Legality

Value and Circumstance revisits the most prominent political and moral ideals of the twentieth century: justice, consent, equality, and law. It asks what they tell us about the connections between the ideal and the everyday, between enduring moral values and the fragile contingencies of time and place.

Value and Circumstance revisits the most prominent political and moral ideals of the twentieth century: justice, consent, equality, and law. It asks what they tell us about the connections between the ideal and the everyday, between enduring moral values and the fragile contingencies of time and place.

Justice, Consent, Equality, and Law

Value and Circumstance

In Elucidating Law, Julie Dickson addresses questions concerning the methodology of legal philosophy and advocates that legal philosophers should espouse an 'Indirectly Evaluative Legal Philosophy'. This approach can facilitate legal philosophers' understanding of aspects of the nature of law, without regarding law as inherently morally valuable.

In Elucidating Law, Julie Dickson addresses questions concerning the methodology of legal philosophy and advocates that legal philosophers should espouse an 'Indirectly Evaluative Legal Philosophy'. This approach can facilitate legal philosophers' understanding of aspects of the nature of law, without regarding law as inherently morally valuable.

Elucidating Law

The Right of Redress advances the discussion of corrective justice in private law by refocusing the reversal of transactions away from the prevailing account of the wrongdoer's remedial duty and toward the right of an individual to obtain redress, which the author terms 'redressive justice'.

The Right of Redress advances the discussion of corrective justice in private law by refocusing the reversal of transactions away from the prevailing account of the wrongdoer's remedial duty and toward the right of an individual to obtain redress, which the author terms 'redressive justice'.

The Right of Redress

The Right of Redress advances the discussion of corrective justice in private law by refocusing the reversal of transactions away from the prevailing account of the wrongdoer's remedial duty and toward the right of an individual to obtain redress, what the author terms 'redressive justice'.

The Right of Redress advances the discussion of corrective justice in private law by refocusing the reversal of transactions away from the prevailing account of the wrongdoer's remedial duty and toward the right of an individual to obtain redress, what the author terms 'redressive justice'.

This book makes a systematic defence of the Coercion Thesis in law, arguing that coercion or enforcement mechanisms are not only a necessary feature of legal systems, but a conceptually necessary feature of legal systems.

This book makes a systematic defence of the Coercion Thesis in law, arguing that coercion or enforcement mechanisms are not only a necessary feature of legal systems, but a conceptually necessary feature of legal systems.

Coercion and the Nature of Law

This book pinpoints and addresses a number of theoretical problems at the heart of property theory, exploring the bundle of rights picture of property, the Hohfeldian theory of jural relations, the form and justification of property rights, and the ever-vexed question of property rights in land.

This book pinpoints and addresses a number of theoretical problems at the heart of property theory, exploring the bundle of rights picture of property, the Hohfeldian theory of jural relations, the form and justification of property rights, and the ever-vexed question of property rights in land.

Property Rights: A Re-Examination

What are the moral and legal issues of contemporary warfare? Drawing on cutting-edge debates in moral philosophy, this book proposes how the laws of war can be evaluated, criticized, and reformed, making a valuable and timely contribution to a pressing international debate.

This work offers a new theory of what it means to be a legal person and suggests that it is best understood as a cluster property. The book explores the origins of legal personhood, the issues afflicting a traditional understanding of the concept, and the numerous debates surrounding the topic.

This work offers a new theory of what it means to be a legal person and suggests that it is best understood as a cluster property. The book explores the origins of legal personhood, the issues afflicting a traditional understanding of the concept, and the numerous debates surrounding the topic.

A Theory of Legal Personhood

This book offers an analysis of the state as a moral and legal wrongdoer that draws upon the philosophy of corporate agency and collective responsibility. It examines how the state can be held morally to account for its actions, and what forms of legal liability might be developed for state wrongdoing.

States as Wrongdoers

By analyzing the key theories of political behavior in the context of Latin America, Orlando Pérez illustrates the impact, nature, and limits of democratization. This book is the first comprehensive attempt to analyze empirically the factors that determine citizen participation in the region using theoretically grounded and empirically sound longitudinal data.

By analyzing the key theories of political behavior in the context of Latin America, Orlando Pérez illustrates the impact, nature, and limits of democratization. This book is the first comprehensive attempt to analyze empirically the factors that determine citizen participation in the region using theoretically grounded and empirically sound longitudinal data.

The Citizen in Transition

Political Behavior in Latin America

This book analyses the tendency in international law scholarship and criticism to seek a 'new' international law. Drawing and building on scholarship around the political significance of theological ideas, it argues that underlying this tendency is a relationship between international law and messianic thinking.

This book analyses the tendency in international law scholarship and criticism to seek a â€˜newâ€™ international law. Drawing and building on scholarship around the political significance of theological ideas, it argues that underlying this tendency is a relationship between international law and messianic thinking.

The 'New' International Law

Governments around the world are privatizing everything, with dramatic but largely ignored negative consequences for human rights. This open access book outlines the response that is urgently needed. Corporations are being given control over water, healthcare, housing, public transportation, child welfare services, aged care, and much else. Privatization is promoted by international financial institutions, consulting firms, and development actors as the answer to public finances devastated by the very tax cuts insistently pushed by these groups. Their pitch is based upon a mythology that extols the virtues of an idealized market while ignoring the heavy human rights costs incurred. Building on the latest evidence and on specially commissioned case studies, this book shows how the touted 'efficiency' of the private sector is often predicated on higher charges and/or reduced services, destructive employment practices, and the highly predictable exclusion of many users. Privatization generally costs states more money, marginalizes democratic decision-making, and transforms citizens from rights-holders into customers while sidelining accountability. The authors develop an approach designed to enable human rights actors, including courts, UN treaty monitoring bodies, and NGOs to move beyond their longstanding agnosticism towards privatization. It starts with a presumption that privatization is inherently retrogressive in human rights terms. Whatever mix of public and private is reflected in any given arrangement, governments must retain the degree of control necessary to ensure respect for rights, and the legal, financial and administrative ability to do so. The book charts a new direction for responding to the ever-growing threat that privatization poses to human rights. The ebook editions of this book are available open access under a CC BY 4.0 licence on bloomsburycollections.com.

Destroying the Social Contract and Empowering Corporate Actors

Privatizing Human Rights

Bloomsbury Studies in World Philosophies

Unravelling the Difficulty of Living

Nishidian Philosophy and The Body

Climate change-possibly the most pressing and difficult problem facing life on earth today-raises a series of questions that are fundamentally philosophical in nature. Some are: --Is skeptcism about climate change warranted? --Why does scientific consensus about global warming matter? --Who should pay-those who are causing the most damage or those who will bear the greatest burden-to mitigate the effects of climate change? Scientists and policy makers who grapple with these questions need the insights and contexts a philosophical analysis offers. And students and researchers in philosophy need to better know the scientific literature and political issues before offering ethical and philosophical commentary. With formal graduate training in the study of atmospheric science, a Ph.D. in philosophy, and a publication and teaching record that bridges the two areas, Wendy Parker adroitly addresses these and similar questions in, Understanding Climate Change: Science, Philosophy, and Policy. The book brings together a body of scattered research on these issues, but also breaks new ground, providing for a wide range of students and researchers a firmer footing on which to understand fully the scientific and policy issues related to climate change. The book is the first of its kind: a synoptic and coherent account-written for students and scholars in the humanities and the sciences--of the most salient philosophical issues related to our changing global climate.

Climate change—possibly the most pressing and difficult problem facing life on earth today—raises a series of questions that are fundamentally philosophical in nature. Some are: --Is skeptcism about climate change warranted? --Why does scientific consensus about global warming matter? --Who should pay—those who are causing the most damage or those who will bear the greatest burden—to mitigate the effects of climate change? Scientists and policy makers who grapple with these questions need the insights and contexts a philosophical analysis offers. And students and researchers in philosophy need to better know the scientific literature and political issues before offering ethical and philosophical commentary. With formal graduate training in the study of atmospheric science, a Ph.D. in philosophy, and a publication and teaching record that bridges the two areas, Wendy Parker adroitly addresses these and similar questions in, Understanding Climate Change: Science, Philosophy, and Policy. The book brings together a body of scattered research on these issues, but also breaks new ground, providing for a wide range of students and researchers a firmer footing on which to understand fully the scientific and policy issues related to climate change. The book is the first of its kind: a synoptic and coherent account—written for students and scholars in the humanities and the sciences--of the most salient philosophical issues related to our changing global climate.

Science, Ethics, and Policy

Understanding Climate Change

A Multidisciplinary Approach

Ethical Aspects of Gerontology

Is Europe a global actor? It all depends on which 'Europe', one means. There is no such thing as a European foreign, security or defence policy, in the sense of a coordinated ensemble of national, EU and NATO initiatives, only European foreign, security and defence policies, pursued by different actors, sometimes in coordination, sometimes alongside each other, sometimes in competition. National sovereignty prevails. Decisions are taken in the capitals and acting through the EU or NATO are just two options in addition to, and no more important than, the national option. The Ashgate Research Companion to the Foreign Policies of Europe starts its analysis then from the national level. Expert contributors consider the interests, policies and impact of the European states across regions, key issues and relationships and consider whether decisions made out of national interest can continue to meet the security, defence, economic and environmental challenges of Europe in the 21st century.

Is Europe a global actor? It all depends on which 'Europe', one means. There is no such thing as a European foreign, security or defence policy, in the sense of a coordinated ensemble of national, EU and NATO initiatives, only European foreign, security and defence policies, pursued by different actors, sometimes in coordination, sometimes alongside each other, sometimes in competition. National sovereignty prevails. Decisions are taken in the capitals and acting through the EU or NATO are just two options in addition to, and no more important than, the national option.   The Ashgate Research Companion to the Foreign Policies of Europe starts its analysis then from the national level. Expert contributors consider the interests, policies and impact of the European states across regions, key issues and relationships and consider whether decisions made out of national interest can continue to meet the security, defence, economic and environmental challenges of Europe in the 21st century.

The Ashgate Research Companion to the Foreign Policies of Europe

What are children's rights and why are they so fundamental? This insightful text offers an accessible and conceptually coherent guide to the theory and practice of children's rights, grounded in research. It explains the provisions of the United Nations Convention for the Rights of the Child; identifies developments in legislation and policy; and explores the tensions and opportunities inherent in combining a rights based approach with other discourses influencing professional practice across a range of practice contexts. Informed by both young peoples' and professionals' own experiences, this book is essential reading for students and practitioners in education, health and social care.

What are children’s rights and where do they come from? Why is it necessary for children and young people to have their rights defined? What difficulties do practitioners face in developing a rights based approach to their daily work with children, young people and their families? What can children and young people tell us about their experiences and perspectives regarding rights?This milestone text by a multidisciplinary author team offers an accessible and conceptually coherent guide to the theory and practice of children’s rights, grounded in extensive research. It explains the provisions of the United Nations Convention for the Rights of the Child; identifies developments in legislation and policy; and explores the tensions and opportunities inherent in applying a rights based approach in a range of contexts, including:<ul> <li>Education</li> <li>Child protection and family support</li> <li>Kinship care, fostering and residential care</li> <li>Mental, physical and sexual health</li> <li>Leisure and play</li> <li>Youth justice </li> <li>New risks including human trafficking, child sexual exploitation and online abuse.</li> </ul>Rich in insight from both young peoples‘ and professionals‘ experiences, the book explores how a children’s rights perspective can be applied in combination with other professional discourses including early intervention and prevention; risk assessment; evidence based practice; and relationship based practice. It considers children’s participation in decision-making and the importance of effective monitoring and coordination in practice. Timely and wide-ranging, this book is essential reading for students and practitioners across the fields of education, health and social care.

A Guide to Law, Policy and Practice

Understanding Children's Rights

Reclaiming Our Humanity in a Digital World

The Extinction of Experience

Weber in Translation

This new translation of Max Webers manuscript on the sociology of music presents the earliest and most influential text to examine the harmonic and melodic principles of literate Western art music in a historical and cross-cultural perspective. A comprehensive introduction explains Webers sociology of music and shows its relevance to contemporary cultural studies.

This new translation of Max Webers manuscript on the sociology of music presents the earliest and most influential text to examine the harmonic and melodic principles of literate Western art music in a historical and cross-cultural perspective. A comprehensive introduction explains Webers sociology of music and shows its relevance to contemporary cultural studies.

The Sociology of Music

Borders and boundaries are being radically challenged by globalization. While states as legal and political entities are more or less fixed, emotional belonging to a political community has become more important. The construction of that belonging consists of several elements; memorialization and discursive practices are among the most relevant. The chapters in this book focus on different regions and different constructions and all relate to the importance of memorializing war.

Borders and boundaries are being radically challenged by globalization. While states as legal and political entities are more or less fixed, emotional belonging to a political community has become more important. The construction of that belonging consists of several elements; memorialization and discursive practices are among the most relevant. The chapters in this book focus on different regions and different constructions and all relate to the importance of memorializing war.

Constructing Political Communities

Memory and Memorialization of War

Law and Morality at War

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