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When we impose risk upon others, what are we doing? What is risking's moral significance? What moral standards govern the imposition of risk? And how should the law respond to it? This book constructs a normative framework of risk imposition to help answer these important and oft-ignored questions.
We subject others and are ourselves subjected to risk all the time - risk permeates life. Despite the ubiquity of risk and its imposition, philosophers and legal scholars have devoted little of their attention to the difficult questions stimulated by the pervasiveness of risk. When we impose risk upon others, what is it that we are doing? What is risking's moral significance? What moral standards govern the imposition of risk? And how should the law respond to it? This book highlights these important but neglected questions and offers novel answers to them in a systematic way, constructing a normative framework of risk imposition that draws upon a wide range of insights from diverse sources within philosophy and legal theory. Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series represents diverse traditions of thought but always with an emphasis on rigour and originality. It sets the standard in contemporary jurisprudence.
The Price of Precaution and the Ethics of Risk by Christian Munthe Pdf
Christian Munthe undertakes an innovative, in-depth philosophical analysis of what the idea of a precautionary principle is and should be about. A novel theory of the ethics of imposing risks is developed and used as a foundation for defending the idea of precaution in environmental and technological policy making against its critics, while at the same time avoiding a number of identified flaws. The theory is shown to have far-reaching practical conclusions for areas such as bio-, information- and nuclear technology, and global environmental policy in areas such as climate change. The author argues that, while the price we pay for precaution must not be too high, we have to be prepared to pay it in order to act ethically defensible. A number of practical suggestions for precautionary regulation and policy making are made on the basis of this, and some challenges to basic ethical theory as well as consumerist societies, the global political order and liberal democracy are identified. Munthe’s book is a well-argued contribution to the PP debate, putting neglected justificatory and methodological questions at the forefront. His many discussions of alternative accounts as well as his drawing out the consequences of his own suggestion in practical cases give the reader a thorough, holistic sense of what justification of PP amounts to. /..../ Munthe’s main case, his argumentation for the requirement of precaution as a moral norm, is convincing and puts a strong pressure on too narrow alternative suggestions on how it should be perceived and justified, and he launches a plausible defence of its practical usability.
Ethics and Epidemiology by Steven S. Coughlin,Angus Dawson Pdf
Since its first publication in 1996, Ethics and Epidemiology has been an invaluable resource for practicing public health professionals and MPH students around the world. This third edition presents an international perspective of prominent epidemiologists, ethicists, and legal scholars to address important ethical developments in epidemiology and related public health fields from the last decade, including the rise of public health ethics and the complex inter-relations between professional ethics in epidemiology, public health ethics, and research ethics. Ethics and Epidemiology, Third Edition is organized topically and divided into four parts covering "Foundations," "Key Values and Principles," "Methods," and "Issues." New or updated chapters include ethical issues in public health practice, ethical issues in genetic epidemiology, and ethical issues in international health research and epidemiology. Now updated with timely global examples, Ethics and Epidemiology, Third Edition provides an in-depth account to the theoretical and practical moral problems confronting public health students and professionals and offers guidance for how justified moral conclusions can be reached.
A major question for liberal politics and liberal political theory concerns the proper scope of government. Liberalism has always favored limited government, but there has been wide-ranging dispute among liberals about just how extensive the scope of government should be. Included in this dispute are questions about the extent of state ownership of the means of production, redistribution of wealth and income through the tax code and transfer programs, and the extent of government regulation. One of N. Scott Arnold's goals is to give an accurate characterization of both modern liberalism and classical liberalism, explaining along the way why libertarianism is not the only form that classical liberalism can take. The main focus of Arnold's book, however, concerns regulation--specifically, the modern liberal regulatory agenda as it has taken shape in contemporary American society. This is the set of regulatory regimes favored by all modern liberals and opposed by all classical liberals. It includes contemporary employment law in all its manifestations, health and safety regulation, and land use regulation. The heart of the book consists of a systematic evaluation of arguments for and against all the items on this agenda. It turns out that there are good arguments on both sides for most of these regulatory regimes. Because of this, and because someone's vision of the proper scope of government will ultimately prevail, some procedural requirements that all liberals could agree to must be satisfied for one side to impose legitimately its values on the polity at large. These procedural requirements are identified, argued for, and then applied to the elements of the modern liberal regulatory agenda. Arnold argues that many, though not all, of these elements have been illegitimately imposed on American society.
Risk Management Strategies in Public-Private Partnerships by Obicci, Peter Adoko Pdf
Governments around the globe are facing a new framework of service delivery as public-private partnerships become more prevalent. Characterized as an innovative tool for change, this area of socio-economic development is transforming the world economy. Risk Management Strategies in Public-Private Partnerships is an essential reference source for the latest scholarly research on recent developments on the relationships between public agencies and private sectors, and frameworks for effectively managing risk factors. Featuring extensive coverage on a wide variety of topics and perspectives such as service delivery, sustainability, and contractual design, this publication is ideally designed for policy makers, students, and professionals seeking current research on ways to manage problems and challenges in contractual partnerships.
The felony murder doctrine is one of the most widely criticized features of American criminal law. Legal scholars almost unanimously condemn it as irrational, concluding that it imposes punishment without fault and presumes guilt without proof. Despite this, the law persists in almost every U.S. jurisdiction. Felony Murder is the first book on this controversial legal doctrine. It shows that felony murder liability rests on a simple and powerful idea: that the guilt incurred in attacking or endangering others depends on one's reasons for doing so. Inflicting harm is wrong, and doing so for a bad motive—such as robbery, rape, or arson—aggravates that wrong. In presenting this idea, Guyora Binder criticizes prevailing academic theories of criminal intent for trying to purge criminal law of moral judgment. Ultimately, Binder shows that felony murder law has been and should remain limited by its justifying aims.
Rights, Restitution, and Risk by Judith Jarvis Thomson Pdf
Moral theory should be simple: the moral theorist attends to ordinary human action to explain what makes some acts right and others wrong, and we need no microscope to observe a human act. Yet no moral theory that is simple captures all of the morally relevant facts. In a set of vivid examples, stories, and cases Judith Thomson shows just how wide an array of moral considerations bears on all but the simplest of problems. She is a philosophical analyst of the highest caliber who can tease a multitude of implications out of the story of a mere bit of eavesdropping. She is also a master teller of tales which have a philosophical bite. Beyond these pleasures, however, she brings new depth of understanding to some of the most pressing moral issues of the moment, notably abortion. Thomson's essays determinedly confront the most difficult questions: What is it to have a moral right to life, or any other right? What is the relation between the infringement of such rights and restitution? How is rights theory to deal with the imposition of risk?
Punishment and Citizenship by Milena Tripkovic Pdf
Criminal disenfranchisement-the practice of restricting electoral rights following criminal conviction-is the only surviving electoral restriction of adult, mentally competent citizens in contemporary democracies. Despite the strong devotion to the principle of universal suffrage, criminal offenders are still routinely deprived of active and passive franchise, while the justifications for such limitations remain elusive and incoherent. In Punishment and Citizenship, Milena Tripkovic develops an empirical and normative account of criminal disenfranchisement. Starting from historical precedents of such restrictions and examining the current policies of a number of European countries, Tripkovic argues that while criminal disenfranchisement is considered a form of punishment, it should instead be viewed as a citizenship sanction imposed when a citizen fails to perform their role as a member of a political community. In order to determine the justifications of disenfranchisement, Tripkovic explores various citizenship ideals and examines whether criminal offenders comply with the expectations that are posed before them. After developing a theoretical framework of citizenship duties, Tripkovic concludes that very few criminal offenders fail to satisfy fundamental citizenship conditions and exhaustive voting restrictions cannot ultimately be justified. A comprehensive assessment of criminal disenfranchisement, Punishment and Citizenship offers concrete policy suggestions to determine the limited circumstances under which electoral rights could justifiably be withheld from criminal offenders.
Islamic Capital Markets: A Comparative Approach (Second Edition) by Obiyathulla Ismath Bacha,Abbas Mirakhor Pdf
Islamic Capital Markets: A Comparative Approach (2nd Edition) looks at the similarities and differences between Islamic capital markets and conventional capital markets. The book explains each topic from both the conventional and the Islamic perspective, offering a full understanding of Islamic capital markets, processes, and instruments. In addition to a full explanation of Islamic products, the book also ensures a holistic understanding of the dual markets within which Islamic capital markets operate.Ideal for both students and current practitioners, the second edition of the highly successful Islamic Capital Markets: A Comparative Approach fills a large gap in the current literature on the subject, featuring case studies from Malaysia, Indonesia, Europe, and the Middle East. One of the few comprehensive, dedicated guides to the subject available, the book offers comprehensive and in-depth insights on the topic of Islamic finance for students and professionals alike.
Nuclear Waste Management by United States. Congress. Senate. Committee on Governmental Affairs. Subcommittee on Energy, Nuclear Proliferation, and Federal Services Pdf
Author : Lawrence C. Becker,Charlotte B. Becker Publisher : Taylor & Francis Page : 734 pages File Size : 48,6 Mb Release : 2001 Category : Philosophy ISBN : 0415936756
Encyclopedia of Ethics: P-W by Lawrence C. Becker,Charlotte B. Becker Pdf
A revised, expanded and updated edition with contributions by 325 renowned authorities in the field of ethics. All of the original articles have been newly peer-reviewed and revised, bibliographies have been updated throughout, and the overall design of the work has been enhanced for easier access to cross-references and other reference features.