This is a full-length study exploring Simone de Beauvoir's autobiographical and biographical writings in the context of ideas on selfhood formulated in Le deuxième sexe and her other philosophical essays of the 1940s. Drawing on more recent work in autobiographical studies and working within a broadly Foucauldian framework, Ursula Tidd offers a detailed analysis of Beauvoir's auto/biographical strategy as a woman writer seeking to write herself into the male-constructed autobiographical canon. Tidd first analyses Beauvoir's notions of selfhood in her philosophical essays, and then discusses her four autobiographical and two biographical volumes, along with some of her unpublished diaries, in an attempt to explore notions of selectivity, and the politics of truth-production and reception. The study concludes that Beauvoir's vast auto/biographical project, situated in specific personal and historical contexts, can be read as shaped by a testimonial obligation rooted in a productive consc
The author provides an overview and brief history of the changing economics of medicine, followed by a discussion of the resulting clinical constraints, "fiscal scarcity," resource use, the obligation
In the highly anticipated follow-up to his beloved debut, What Belongs to You, Garth Greenwell deepens his exploration of foreignness, obligation, and desire.Sofia, Bulgaria, a landlocked city in sout
This book explains and defends concept auditing, a procedure that explores the obligation that a philosopher has to honor the existing meanings of everyday terms and conceptions such as knowledge, tru
Is it permissible to use a human embryo in stem cell research, or in general as a means for benefit of others? Acknowledging each embryo as an object of moral concern, Louis M.Guenin argues that it is morally permissible to decline intrauterine transfer of an embryo formed outside the body, and that from this permission and the duty of beneficence, there follows a consensus justification for using donated embryos in service of humanitarian ends. He then proceeds to show how this justification commands assent even within moral and religious views commonly thought to oppose embryo use. Beneath his moral reasoning lies a carefully constructed metaphysical foundation incorporating accounts of the ontology of development, embryos, and species. He also incisively discusses nonreprocloning, reprocloning, ectogenesis, and related scientific frontiers. This compelling philosophical study will interest all concerned to understand virtue and obligation in the relief of suffering.
Muslim beliefs have inspired charitable giving for over fourteen centuries, yet Islamic history has rarely been examined from this perspective. In Charity in Islamic Societies, Amy Singer explains the basic concepts and institutions of Muslim charity, including the obligation to give on an annual basis. Charitable endowments shaped Muslim societies and cultures in every era. This book demonstrates how historical circumstances, social status, gender, age and other factors interacted with religious ideals to create a rich variety of charitable practices, from the beginnings of Islam to the present day. Using written texts, buildings, images and objects to anchor the discussions in each chapter, the author explores the motivations for charity, its impact on the rich and the poor, and the politicisation of charity. This lucidly written book will capture the attention of anyone who is interested in the nature of Islamic society and the role of philanthropy throughout history.
The Council Directive of 21 April 2004 on takeover bids sets forth the general principles applicable to takeover bids and clarifies certain minimum rules with respect to the procedure for a takeover bid, the obligation to make a mandatory bid in the event a minimum threshold is crossed and the majority shareholder's squeeze-out right as well as the minority shareholders' sell-out right. Furthermore, the Directive defines the authority which is competent to approve offer documents and supervise takeover bids, and provides for optional restrictions on the actions of the target company's management and on defence mechanisms. This book discusses the Takeover Directive and its implementing rules in each Member State of the European Union and the European Economic Area, providing companies and their advisors with useful insight into the legal framework and principles applicable to takeover bids in the region.
The Council Directive of 21 April 2004 on takeover bids sets forth the general principles applicable to takeover bids and clarifies certain minimum rules with respect to the procedure for a takeover bid, the obligation to make a mandatory bid in the event a minimum threshold is crossed and the majority shareholder's squeeze-out right as well as the minority shareholders' sell-out right. Furthermore, the Directive defines the authority which is competent to approve offer documents and supervise takeover bids, and provides for optional restrictions on the actions of the target company's management and on defence mechanisms. This book discusses the Takeover Directive and its implementing rules in each Member State of the European Union and the European Economic Area, providing companies and their advisors with useful insight into the legal framework and principles applicable to takeover bids in the region.
Originally published in 1967, this book aims to develop an ethical theory which remedies the defects of Utilitarianism while recognising the truths upon which Utilitarians have insisted. Its thesis is offered as a challenge to all schools of moral philosophy which have flourished in the twentieth century. Dr Grice argues that there are two kinds of Judgement of moral obligation. Social Contract theory, in a form which avoids the classical objections, is employed in setting out the ground of basic obligations; and the ultra obligations of individual men are found to be grounded in their own characters. He then demonstrates that the theory offered, unlike Utilitarianism, throws light on judgements of rights and justice. Moral good is seen eventually as the coping stone, not the foundation stone of morality.
Hobbes's political theory has traditionally been taken to be an endorsement of state power and a prescription for unconditional obedience to the sovereign's will. In this book, Susanne Sreedhar develops a novel interpretation of Hobbes's theory of political obligation and explores important cases where Hobbes claims that subjects have a right to disobey and resist state power, even when their lives are not directly threatened. Drawing attention to this broader set of rights, her comprehensive analysis of Hobbes's account of political disobedience reveals a unified and coherent theory of resistance that has previously gone unnoticed and undefended. Her book will appeal to all who are interested in the nature and limits of political authority, the right of self-defense, the right of revolution, and the modern origins of these issues.
This book explores public opinion about being and becoming American, and its implications for contemporary immigration debates. It focuses on the causes and consequences of two aspects of American identity: how people define being American and whether people think of themselves primarily as American rather than as members of a panethnic or national origin group. Importantly, the book evaluates the claim – made by scholars and pundits alike – that all Americans should prioritize their American identity instead of an ethnic or national origin identity. It finds that national identity within American democracy can be a blessing or a curse. It can enhance participation, trust, and obligation. But it can be a curse when perceptions of deviation lead to threat and resentment. It can also be a curse for minorities who are attached to their American identity but also perceive discrimination.
This book addresses the question of why governments sometimes follow the law and other times choose to evade the law. The traditional answer of jurists has been that laws have an autonomous causal efficacy: law rules when actions follow anterior norms; the relation between laws and actions is one of obedience, obligation, or compliance. Contrary to this conception, the authors defend a positive interpretation where the rule of law results from the strategic choices of relevant actors. Rule of law is just one possible outcome in which political actors process their conflicts using whatever resources they can muster: only when these actors seek to resolve their conflicts by recourse to la, does law rule. What distinguishes 'rule-of-law' as an institutional equilibrium from 'rule-by-law' is the distribution of power. The former emerges when no one group is strong enough to dominate the others and when the many use institutions to promote their interest.
It has never been more important to understand how international law enables and constrains international politics. By drawing together the legal theory of Lon Fuller and the insights of constructivist international relations scholars, this book articulates a pragmatic view of how international obligation is created and maintained. First, legal norms can only arise in the context of social norms based on shared understandings. Second, internal features of law, or 'criteria of legality', are crucial to law's ability to promote adherence, to inspire 'fidelity'. Third, legal norms are built, maintained or destroyed through a continuing practice of legality. Through case studies of the climate change regime, the anti-torture norm, and the prohibition on the use of force, it is shown that these three elements produce a distinctive legal legitimacy and a sense of commitment among those to whom law is addressed.
This collection provides an intellectually rigorous and accessible overview of key topics in contemporary natural law jurisprudence, an influential yet frequently misunderstood branch of legal philosophy. It fills a gap in the existing literature by bringing together leading international experts on natural law theory to provide perspectives on some of the most pressing issues pertaining to the nature and moral foundations of law. Themes covered include the history of the natural law tradition, the natural law account of practical reason, normativity and ethics, natural law approaches to legal obligation and authority and constitutional law. Creating a dialogue between leading figures in natural law thought, the Companion is an ideal introduction to the main commitments of natural law jurisprudence, whilst also offering a concise summary of developments in current scholarship for more advanced readers.
Can someone be a good person yet act in a professional role that may involve deception, procedural trickery, withholding information, and working on behalf of terrible people and institutions? This question is at the heart of legal ethics. Using cases from around the common-law world, W. Bradley Wendel looks at issues including confidentiality, the moral responsibility of lawyers, and truth and deception in advocacy. He then examines the classic questions of philosophy of law, including the nature of law, positivism, natural law, the relationship between law and morality, unjust legal systems, and the obligation to obey the law. Finally, he considers the ethical issues surrounding the role of lawyers, including criminal defense and prosecution, civil litigation, counseling clients on the law, and representing corporations. Combining the theoretical, philosophical, and practical, his book will be of vital interest to students of law, the philosophy of law, ethics, and political philosop
Can someone be a good person yet act in a professional role that may involve deception, procedural trickery, withholding information, and working on behalf of terrible people and institutions? This question is at the heart of legal ethics. Using cases from around the common-law world, W. Bradley Wendel looks at issues including confidentiality, the moral responsibility of lawyers, and truth and deception in advocacy. He then examines the classic questions of philosophy of law, including the nature of law, positivism, natural law, the relationship between law and morality, unjust legal systems, and the obligation to obey the law. Finally, he considers the ethical issues surrounding the role of lawyers, including criminal defense and prosecution, civil litigation, counseling clients on the law, and representing corporations. Combining the theoretical, philosophical, and practical, his book will be of vital interest to students of law, the philosophy of law, ethics, and political philosop
Why do Catholic priests not marry? How can celibacy possibly be so important to the Church, if Jesus did not even require it of his apostles? Cannot such an obligation cause sexual deviance, emotional
This book brings together some of the foremost researchers of honor to debate honor’s meaning and its compatibility with liberalism, democracy, and modernity. Contributors examine honor past to presen
This book brings together some of the foremost researchers of honor to debate honor’s meaning and its compatibility with liberalism, democracy, and modernity. Contributors examine honor past to
In recent years there has been a flourishing body of work on the Law of Treaties, crucial for all fields within international law. However, scholarship on modern treaty law falls into two distinct strands which have not previously been effectively synthesized. One concerns the investigation of concepts which are fundamental to or inherent in the law of treaties generally - such as consent, object and purpose, breach of obligation and provisional application - while the other focuses upon the application of treaties and of treaty law in particular substantive (e.g. human rights, international humanitarian law, investment protection, environmental regulation) or institutional contexts (including the Security Council, the World Health Organization, the International Labour Organization and the World Trade Organization). This volume represents the culmination of a series of collaborative explorations by leading experts into the operation, development and effectiveness of the modern law of
