Products related to Partiality:
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Virtuous and Vicious Expressions of Partiality
This volume gathers essays from leading scholars to discuss partiality in ethics.The chapters examine the virtuous and vicious ways in which we relate to those close to us. There has long been a puzzle in ethics concerning the balance between our general moral obligations to everyone and our specific moral obligations to a smaller subset of people: our family, our nation, and our friends.There has been longstanding tension between the moral intuition that equality entails that we have the same moral duties to everyone and the moral intuition that special obligations entail that we have much greater duties to those close to us.The chapters in this volume discuss varying perspectives on partiality within a wide range of relationships.Section 1 offers overarching visions of partiality. Section 2 examines how roles and relationships might shape partiality.Section 3 focuses on the potential moral dangers and pitfalls of partiality.Finally, Section 4 looks at specific applications of partiality expressed as our loyalty to country, religion, sports teams, and employers. Virtuous and Vicious Expressions of Partiality will be of interest to scholars and advanced students working in ethics, social and political philosophy, and philosophy of religion.
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Strategies of Compliance with the European Court of Human Rights : Rational Choice Within Normative Constraints
In Strategies of Compliance with the European Court of Human Rights, Andreas von Staden looks at the nature of human rights challenges in two enduring liberal democracies—Germany and the United Kingdom.Employing an ambitious data set that covers the compliance status of all European Court of Human Rights judgments rendered until 2015, von Staden presents a cross-national overview of compliance that illustrates a strong correlation between the quality of a country's democracy and the rate at which judgments have met compliance.Tracing the impact of violations in Germany and the United Kingdom specifically, he details how governments, legislators, and domestic judges responded to the court's demands for either financial compensation or changes to laws, policies, and practices. Framing his analysis in the context of the long-standing international relations debate between rationalists who argue that actions are dictated by an actor's preferences and cost-benefit calculations, and constructivists, who emphasize the influence of norms on behavior, von Staden argues that the question of whether to comply with a judgment needs to be analyzed separately from the question of how to comply.According to von Staden, constructivist reasoning best explains why Germany and the United Kingdom are motivated to comply with the European Court of Human Rights judgments, while rationalist reasoning in most cases accounts for how these countries bring their laws, policies, and practices into sufficient compliance for their cases to be closed.When complying with adverse decisions while also exploiting all available options to minimize their domestic impact, liberal democracies are thus both norm-abiding and rational-instrumentalist at the same time—in other words, they choose their compliance strategies rationally within the normative constraint of having to comply with the Court's judgments.
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Tort Liability in Warfare : States' Wrongs and Civilians' Rights
In the turbulent arena of armed conflicts, Tort Liability in Warfare: States' Wrongs and Civilians' Rights emerges as a groundbreaking exploration of civilians' legal recourse against states for losses to life, bodily integrity, and property. With a fresh perspective informed by corrective justice, the law of war, and substantive rule of law principles, Haim Abraham constructs a novel framework for understanding the moral and legal obligation of states to civilians in the aftermath of combat, and proposes that existing domestic tort law could and should address wrongful losses in this context.This book boldly confronts the prevailing academic and legal orthodoxy which dismisses the application of tort law in times of war, and offers a framework that empowers individuals to vindicate their rights and acts as a bulwark against abuse of public power. By reviewing and analyzing the applicability of tort law to peacekeeping, urban warfare, counter-terrorism activities, and long-range warfare in Australia, Canada, England, Israel, and the United States, the book offers real world insights on how tort liability can serve as a mechanism for reparations and accountability. Tort Liability in Warfare is a clarion call for a shift in legal paradigms, urging a path towards effective remedies for civilians caught in the crossfire of nations at war.It is an essential read for legal scholars, practitioners, and anyone invested in the pursuit of justice in the complex landscape of armed conflict.This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence.
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Play and Social Justice : Equity, Advocacy, and Opportunity
The importance of play for healthy development is undeniable.Aspects of play have been linked to the development of social skills, health and fitness, motivation, curiosity, innovation, imagination, and problem solving.Both theory and research suggest that play of various types is critical for healthy development and that playfulness is an important quality across the life span.However, opportunities to play and quality of play facilities in schools, after-school programs, childcare centers, community parks, and museums are not equitable by race, socio-economic status, and ability. And racial profiling, immigrant status, illness, and incarceration interfere with child’s play.The first section of the book defines play and social justice and describes disparities in play opportunities in childcare, schools, and communities as well as inequities in how play is interpreted.The next section describes pre-school, elementary, high school, and university programs that use play to liberate, teach, and build community as well as after-school, hospital, and community programs that help to level the playing field of opportunity.The final part of the book discusses ways to ameliorate inequities through research and advocacy.Four research methods are described that are useful for conducting studies on the amount of play children experience, attitudes toward play, and the effect of play on other variables.Finally, a child, a parent, and a teacher describe ways they tried to obtain more recess, using various methods of advocacy.The appendix provides resources indispensable for those convinced that play for all is indeed a social justice issue worthy of advocacy.
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What does the International Court of Justice do?
The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. It settles legal disputes between states and gives advisory opinions on legal questions referred to it by the UN General Assembly, Security Council, or other specialized agencies. The ICJ also interprets and applies international law, helping to promote peaceful resolution of international conflicts and uphold the rule of law in the international community.
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What is the legitimacy of the European Court of Justice?
The legitimacy of the European Court of Justice (ECJ) is derived from its role as the highest court in the European Union, responsible for interpreting EU law and ensuring its consistent application across member states. The ECJ's legitimacy is also rooted in its independence and impartiality, as well as its adherence to the principles of the rule of law and the protection of fundamental rights. Furthermore, the ECJ's decisions are binding on all EU member states, which enhances its legitimacy as a central institution in the EU's legal framework. Overall, the ECJ's legitimacy is based on its essential function in upholding the legal order of the EU and ensuring the uniform application of EU law.
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What is the difference between social jurisdiction and labor jurisdiction?
Social jurisdiction refers to the legal framework that governs social security benefits, such as healthcare, pensions, and unemployment insurance. On the other hand, labor jurisdiction deals with the regulation of labor relations, including issues related to employment contracts, working conditions, and labor disputes. While social jurisdiction focuses on providing social protections to individuals, labor jurisdiction is more concerned with regulating the relationship between employers and employees in the workplace.
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What is mandatory jurisdiction?
Mandatory jurisdiction refers to a situation where a court is required to hear a case that falls within its jurisdiction. This means that the court does not have the discretion to refuse to hear the case if it meets certain criteria. In contrast, discretionary jurisdiction allows a court to choose whether or not to hear a case. Mandatory jurisdiction is typically found in cases involving certain types of legal issues or parties, such as cases involving constitutional questions or cases between states.
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The Feminist Legislation Project : Rewriting Laws for Gender-Based Justice
In this book, leading law academics along with lawyers, activists and others demonstrate what legislation could look like if its concern was to create justice for women. Each chapter contains a short piece of legislation – proposed in order to address a contemporary legal problem from a feminist perspective.These range across criminal law (sexual offences, Indigenous women’s experiences of criminal law, laws in relation to forced marriage, modern slavery, childcare and sentencing), civil law (aged care and housing rights, regulating the gig economy; surrogacy, gender equity in the construction industry) and constitutional law (human rights legislation, reimagining parliaments where laws are made for the benefit of women).The proposed laws are, moreover, drafted with feedback from a senior parliamentary draftsperson (providing guidance to contributors in a personal capacity), to ensure conformity with legislative rigour, as well as accompanied by an explanation of their reasons and their aims.Although the legislation is Australian-based, the issues raised by each are recognisably global, and are reflected in the legislation of most other nations. This first feminist legislation project will appeal to scholars of feminist legal studies, gender and the law, gender studies and others studying or working in relevant legal areas.
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The Principal's Quick-Reference Guide to School Law : Reducing Liability, Litigation, and Other Potential Legal Tangles
The go-to legal resource for today’s principals! New technology and world events have upended everything we once took for granted about schools, including the laws and policies that govern them.School safety concerns, curriculum challenges, the ever-changing landscape of social media, and the 2020/2021 COVID-19 crisis have made school leadership an infinitely more complex arena.Familiarity with the law is essential to help principals maintain safe and equitable communities and minimize legal risk.The 4th edition of The Principal's Quick-Reference Guide to School Law provides the go-to help principals need to increase their knowledge of education law in this time of change.Within its pages, leaders can access tools to help them make better decisions when educational law related issues impact their schools. Readers will find A completely revamped design for easier referencePractical examples to help demystify complex casesUpdated cases studies from 2014 to todayGuidance on new topics, such as vaping, sexting, student protests and walkoutsAn "Education Law 101 for Teachers" section to help leaders provide basic legal training for staff and teachers. Written for aspiring and current school principals, this book will answer all the “what if” questions that inevitably arise at least once in every leader’s tenure.
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Business, Human Rights and Transitional Justice
This book considers the efficacy of transitional justice mechanisms in response to corporate human rights abuses. Corporations and other business enterprises often operate in countries affected by conflict or repressive regimes.As such, they may become involved in human rights violations and crimes under international law - either as the main perpetrators or as accomplices by aiding and abetting government actors.Transitional justice mechanisms, such as trials, truth commissions, and reparations, have usually focused on abuses by state authorities or by non-state actors directly connected to the state, such as paramilitary groups.Innovative transitional justice mechanisms have, however, now started to address corporate accountability for human rights abuses and crimes under international law and have attempted to provide redress for victims.This book analyzes this development, assessing how transitional justice can provide remedies for corporate human rights abuses and crimes under international law.Canvassing a broad range of literature relating to international criminal law mechanisms, regional human rights systems, domestic courts, truth and reconciliation commissions, and land restitution programmes, this book evaluates the limitations and potential of each mechanism.Acknowledging the limited extent to which transitional justice has been able to effectively tackle the role of corporations in human rights violations and international crimes, this book nevertheless points the way towards greater engagement with corporate accountability as part of transitional justice. A valuable contribution to the literature on transitional justice and on business and human rights, this book will appeal to scholars, researchers and PhD students in these areas, as well as lawyers and other practitioners working on corporate accountability and transitional justice.
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The Individualization of War : Rights, Liability, and Accountability in Contemporary Armed Conflict
The rights and responsibilities of the individual are at the centre of today's armed conflicts in a way that they have never been before.This process of 'individualization', which challenges the primacy of the sovereign state, is driven by normative developments related to human rights that have elevated human-centric conceptions of security and created a new class of international crimes, as well as by technological and strategic developments that can both empower individuals as military actors and enable either the targeting or protection of particular individuals. The Individualization of War examines the status of individuals in contemporary armed conflict in three main capacities: as subject to violence but deserving of protection; as liable to harm because of their responsibility for attacks on others; and as agents who can be held accountable for the perpetration of crimes.This book presents a novel conceptualization of the phenomenon of individualization, including how it is both practiced and contested.It then convenes a set of leading thinkers from the fields of moral philosophy, international law, and international relations to further our understanding of not only how individualization is manifest in armed conflict - in theory and in practice - but also how it generates tensions and challenges for today's scholars and practitioners.The collective research on which the book is based integrates the currently segregated scholarship on individualization in different academic disciplines, thereby illuminating the important links between law, morality, and politics that constitute the day-to-day reality for national militaries, international organizations, and humanitarian actors
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Which jurisdiction is competent?
The jurisdiction that is competent is typically determined by the specific laws and regulations governing the issue at hand. In general, jurisdiction is determined based on factors such as the location of the parties involved, the location where the issue arose, and the type of legal matter being addressed. It is important to consult with a legal professional to determine the appropriate jurisdiction for a specific case or legal matter.
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What is the salary of a Supreme Court justice in the USA?
The salary of a Supreme Court justice in the USA is $255,300 per year as of 2021. This salary is set by the United States Congress and is the same for all Supreme Court justices, regardless of their seniority or experience. In addition to their salary, Supreme Court justices also receive benefits such as health insurance, retirement benefits, and allowances for expenses related to their official duties.
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What rights exist without a purchase contract?
Several rights exist without a purchase contract, including the right to privacy, the right to freedom of speech, the right to a fair trial, the right to freedom of religion, and the right to freedom from discrimination. These rights are protected by various laws and regulations, and they apply to all individuals regardless of whether they have entered into a purchase contract. Additionally, individuals also have the right to own property, the right to due process, and the right to be free from unreasonable searches and seizures, which are fundamental rights that exist independently of any purchase contract.
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Is the lawyer paid by the liability insurance in the court proceedings? What are the court costs based on?
The lawyer representing the defendant in a court proceeding may be paid by the liability insurance if the defendant is covered by such insurance. However, this arrangement depends on the specific terms of the insurance policy and the agreement between the defendant and the insurance company. Court costs are based on various factors, including the type of case, the complexity of the legal issues involved, and the specific court in which the case is being heard. Court costs may include filing fees, service of process fees, and other expenses associated with the legal process. These costs are typically paid by the parties involved in the case, and may be subject to reimbursement or allocation as part of the final judgment or settlement.
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