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Highly regarded, and cited in a number of judgments, Thomas on Powers is concerned with the general principles and doctrines governing or affecting the creation, exercise, and operation of powers in private law, and provides a discursive, intellectual analysis of the principles underlying the problems commonly encountered by practitioners. The first edition of Thomas on Powers was published in 1998 as part of Sweet & Maxwell's Property and Conveyancing Library. This new edition both updates the original work and expands the scope of the book significantly to include coverage of offshore trusts and current trusts issues such as fiduciary powers, protectors, and "shams". Thomas on Powers provides extensive coverage of recent statutes dealing with trustee delegation; developments to the law relating to pension schemes; and cases relating to the rule in Hastings-Bass, which has had a series of contentious recent decisions. This edition includes expanded discussion of case law from Commonwealth countries and focuses more on the numerous judgments from offshore jurisdictions, some of which raise novel questions and issues. The book also includes an increased emphasis on the specific legislation of offshore trusts, where practical problems centred around the creation and exercise of trustee powers have become very important. This edition covers the problematic interaction of powers of revocation and sham trusts; the scope and effects of powers of amendment; the powers and role of protectors of offshore trusts; and the powers of directors of companies; and the relationship between fiduciary powers in private law and powers exercised by public bodies.
The book offers a number of new insights in the history of yoga powers in the South Asian religious traditions, analyzes the position of the powers in the salvific process and in conceptions of divinity, and explores the rational explanations of the powers provided by the traditions.
"This volume examines some of the main twists and turns in the fascinating history of the philosophical concept of powers or dispositions. It focuses on what one might call the metaphysical sense of 'powers'-that is, the powers that are invoked in the explanation of natural changes and activities. The volume's chapters discuss, among others, the philosophical views of Anaxagoras, Plato, Aristotle, the Stoics, Plotinus, Ibn Gabirol, Avicenna, Abelard, Anselm, Henry of Ghent, John Duns Scotus, René Descartes, Nicolas Malebranche, Gottfried Wilhelm Leibniz, Margaret Cavendish, Ralph Cudworth, Henry More, John Locke, David Hume, Thomas Reid, Mary Shepherd, Immanuel Kant, Georg Wilhelm Friedrich Hegel, David Lewis, David Armstrong, and George Molnar. In addition, the volume contains four short reflection essays that examine the concept of powers from the perspective of disciplines other than philosophy, namely, history of music, West African religions, history of chemistry, and history of art"--
Powers, Parts and Wholes by Christopher J. Austin,Anna Marmodoro,Andrea Roselli Pdf
This volume offers a fresh exploration of the parts–whole relations within a power and among powers. While the metaphysics of powers has been extensively examined in the literature, powers have yet to be studied from the perspective of their mereology. Powers are often assumed to be atomic, and yet what they can do—and what can happen to them—is complex. But if powers are simple, how can they have complex manifestations? Can powers have parts? According to which rules of composition do powers compose into powers? Given the centrality of powers in current scientific as well as philosophical thought, recognizing and understanding the ontological differences between atomic and mereologically complex powers is important, for both philosophy and science. The first part of this book explores how powers divide; the second part, how powers compose. The final part showcases some specific study cases in the domains of quantum mechanics and psychology. Powers, Parts and Wholes will be of interest to professional philosophers and graduate students working in metaphysics, philosophy of science and logic.
Refusing a false dichotomy between 'politics' and 'religion' in Jesus' world (and our own), Richard A. Horsley explores Jesus' response to the imperial power of his day. Jesus and the Powers highlight the relevance of political realities under great empires for the rise of covenantal theology and apocalyptic vision in Israel's history; situates aspects of Jesus' prophetic and exorcising activity in the context of the Roman Empire; and shows how the character of his death by crucifixion itself galvanized the movement around him as his followers shaped a new community life in the shadow of imperial powers.
Reform and Development of Powers and Functions of China's Criminal Proceedings by Weidong Chen Pdf
This book addresses the basic theory of criminal procedure in China, together with recent reforms. Balancing the powers of public security and judicial organs with the rights of individual citizens, it assesses the nature of Chinese criminal proceedings. In the basic theoretical research section, the author, drawing on the latest findings from the legal community, systematically and comprehensively presents the current trends, main research topics and the main problems that should be explored in future research into criminal procedure law in China; further, the author explains the basic thinking behind the revision of criminal procedure law, and the allocation of judicial resources in criminal procedure and criminal justice. The policy, basic theory and operation problems of judicial power, procuratorial power, police power, defense power and judicial reform are subsequently explained and evaluated. The general writing style used is intentionally straightforward, making the book easily accessible for the readers. Based on the author’s substantial working experience in the area of criminal law, it offers a highly intuitive reading experience.
Dispositions and Causal Powers by Bruno Gnassounou Pdf
Dispositions are everywhere. We say that a wall is hard, that water quenches thirst and is transparent, that dogs can swim and oak trees can let their leaves fall, and that acid has the power to corrode metals. All these statements express attributions of dispositions, be they physical, physiological or psychological, yet there is much philosophical debate about how far, if at all, dispositional predicates can have complete meaning or figure in causal explanations. This collection of essays, by leading international researchers, examine the case for realism with respect to dispositions and causal powers in both metaphysics and science. Among the issues debated in this book is whether dispositions can be analyzed in terms of conditionals, whether all dispositions have a so-called categorical basis and, if they do, what is the relation between the disposition and its basis.
Human actions unfold over time, in pursuit of ends that are not fully specified in advance. Rational Powers in Action locates these features of the human condition at the heart of a new theory of instrumental rationality. Where many theories of rational agency focus on instantaneous choices between sharply defined outcomes, treating the temporally extended and partially open-ended character of action as an afterthought, this book argues that the deep structure of instrumental rationality can only be understood if we see how it governs the pursuit of long-term, indeterminate ends. These are ends that cannot be realized through a single momentary action, and whose content leaves partly open what counts as realizing the end. Sergio Tenenbaum argues that we need to focus on temporal duration and the indeterminacy of ends in intentional action, even to explain the rational governance of relatively simple actions. Theories of moment-by-moment preference maximization, or indeed any understanding of instrumental rationality on the basis of momentary mental items, cannot capture the fundamental structure of our instrumentally rational capacities. Tenenbaum provides a new theory of instrumental rationality as rationality in action.
The Arbitration Act 1996 by Bruce Harris,Rowan Planterose,Jonathan Tecks Pdf
"There should not be a practitioner who does not have a copy ... highly recommended." —Arbitration When first published, The Arbitration Act 1996: A Commentary was described by Lord Bingham as "intensely practical and admirably user-friendly". It remains the most readable, useful, practical and user-friendly guide to the Arbitration Act 1996. The courts – particularly the Commercial and the Technology & Construction Courts – continue to grapple with many questions relating to the Act, with many judgments reported since the previous edition was published. While many of these do not add to the wisdom on this legislation, for the fifth edition the authors have considered some 330 new cases, resulting in extensive changes throughout much of the commentary. Many of the cases going to court concern challenges to awards and as a result the commentary on the relevant sections of the Act (ss. 67, 68, 70 and 72) has been subject to very substantial revision indeed. The details of all of these changes are of great importance to practitioners, whether lawyers or arbitrators. In addition there have been some significant changes to the Model Law since publication of the previous edition, which are fully documented and commented upon. Alterations to the CPR, the new UNCITRAL Rules (2010), the new ICC Rules (2012) and the new ICE Arbitration Procedure (2010) are also covered. Written by three practising arbitrators, the fifth edition continues to be the essential handbook for all concerned with English arbitration.