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The book begins by situating my key phrase ‘making-good-again’ through contrasting the history of the terms Wiedergutmachung and restitution. I give a brief history of understandings of responsibility and introduce my argument regarding material practice. Part two gives a brief overview of the methods used in the book, situating my approach in relation to jurisprudence and current approaches in law, humanities and their intersections.
Arturo González was a thirty-eight-year-old man who presented to our hospital during the Delta variant surge with COVID-related pneumonia that badly damaged his lungs. He was cannulated for extracorporeal membrane oxygenation (ECMO) upon admission; he had been on ECMO for seventy days and was awake and alert when Ethics was consulted. Due to multiple marginalized identities—he was an undocumented immigrant, uninsured, and had limited social support—Arturo did not have access to a lung transplant and was dependent on ECMO for survival. In the face of mounting critical care resource scarcity, Arturo’s intensivists disagreed about whether to continue ECMO indefinitely or to explore discussions about withdrawing support. In this book chapter, we discuss our role as ethics consultants balancing the organizational duty to justly steward scarce resources with the professional duty to this vulnerable patient: setting treatment boundaries while collaborating with Arturo on a treatment plan within these boundaries. We also discuss our role in addressing the care team’s moral distress at the most haunting aspect of this case: that Arturo’s social position limited his access to a lifesaving transplant.
Kant is often read as being committed to the idea that morality is within our control, leading him to develop an ethical theory in which there is no room for moral luck. Kant’s political and legal philosophy, by contrast, is taken to be concerned with external actions, in particular with their effects on the freedom of others, and thus seems to be far from immune to luck. From this perspective a significant chasm opens up between ethics and right, making it hard to see how right could be derived from ethics and how both of them could be integrated into a unified theory based on a single supreme principle. This chapter argues that the role of luck in Kant’s practical philosophy needs to be reconceived and that considerations of luck do not stand in the way of a unification of ethics and right.
The Schumanns’ marriage linked two visions of the Romantic era, that of a self-referential love, and that of an artistic alliance (Künstlerbund). Clara achieved fame across Europe. She had her own cultural network and out-earned her spouse. Robert’s income from composing remained modest until the 1850s. Both wanted to start a family. According to the contemporary legal framework, understood as the law of nature, women were subordinate. Legally and culturally, a man’s work took precedence. Daily reality followed its own rules. A large brood, and Robert’s struggles with illness, as well as social, economic, and political crises tested the couple. Compromises had to be found. The Schumanns prevailed: they were able to start a family and realise careers as professional artists. Robert’s music continues to be performed. Clara was one of the most important pianists of the epoch whose full legacy is still being explored.
This chapter explores how judicial mechanisms employed by apex courts have migrated across South Asia and Southeast Asia, using India, Pakistan, and Malaysia as examples. The chapter focuses on two case studies – Pakistan and Malaysia – to examine how judicial mechanisms, like the basic structure doctrine articulated by the Indian Supreme Court, have been strategically adapted by courts in Pakistan and Malaysia to strengthen their institutional power. This chapter considers the use of judicial rhetoric and constitutional comparativism in crafting opinions of popular salience by examining the distinct ways in which these Asian courts have engaged with foreign and comparative case law.
Elections in Central Asia unfold against a backdrop of digital repression, characterized by network throttling, online content blocking to suppress dissent and targeted online harassment of political opposition and journalists. State-imposed limits on online information availability are compounded by cyber foreign interference, including espionage, information campaigns, and disruptive incidents that have increasingly played a geopolitical role. These multifaceted cyber threats underscore the urgent need for a rapid, concerted policy response aimed at bolstering the integrity of electoral systems and procedures, reducing censorship and enhancing cybersecurity culture and resilience. This chapter explores trends in influencing elections and threatening electoral integrity through cyber means, focusing on both the informational and technical domains, and proposes action-oriented recommendations for cross-sectoral cooperation toward securing elections and the broader digital ecosystem in the region.
Abstract: This chapter explores the procedural and substantive dimensions of compliance disputes before international courts (ICs), focusing on jurisdiction, admissibility, and available remedies. It considers consent to adjudication at the compliance stage and examines the legal bases for ICs to address claims of non-compliance with previous judgments. The chapter analyses objections to admissibility, including challenges based on res judicata, the absence of a meaningful dispute, and the lack of concrete legal effects, then discusses how ICs navigate these objections, employing procedural techniques and remedy escalation to address persistent non-compliance. This inquiry demonstrates the dual role of compliance adjudication: deterring breaches through authoritative declarations and enabling new remedies where prior rulings fail to lead to compliance. These mechanisms underscore the potential of compliance adjudication to enhance the enforceability of international obligations despite ICs’ inability to order the deployment of coercion against recalcitrant states.
The performance of poetry across the sixteenth century was often curated and received as a multimedia experience. Verse might be written down by hand or published in print, but this did not exclude its oral performance, as poets and performers read aloud from the text, spoke from memory or combined memory and invention in varying degrees to create improvised or semi-improvised performances. This chapter takes a deliberately long view of the sounds and spectacle of poetry in order to explore the ways in which elements of performance could be shared and contrasted across and between ‘high’ and ‘low’ contexts and settings, from professional street singers aiming to earn a living from their performances of canonical authors in the piazza to elite gatherings of humanists performing erotic verse in private interiors and to women poets singing on stage in a recreation of the classical pastoral tradition.
This chapter highlights work undertaken on behalf of the UK Police Force’s National Negotiation Group, which ultimately formed part of an impact case study submitted to the UK’s Research Excellence Framework (REF) 2021. The project was designed to showcase how ‘linguistics in action’ can inform and improve police crisis negotiation training, and explored forty-two crisis incidents representative of different crisis incidents using a combination of (quantitative) corpus linguistic techniques and (qualitative) pragmatic analysis. In addition to introducing the author’s argument for basing crisis negotiation (training) on the what, the why, and, very importantly, the linguistic how of conducting crisis negotiation (Archer & Stott, 2020: see also Archer & Smithson, 2015; Archer et al. 2018; Archer, 2020), the chapter reflects upon on the possibility of future applications and potential barriers to such continuing impact. This inspires a discussion, in turn, as to whether/the extent to which ‘practitioners’ perceive measurements of impact differently to processes like the REF (Anderson et al., 2017) and a potential need, in consequence, to (re)assess the notion of ‘impact’ within academia.
The Introduction provides an overview of trademark laws that implicate the right to freedom of expression. It also introduces the concept of inherently valuable expression in trademark law. Examples include descriptive trademarks; popular phrases and designs claimed as marks for T-shirts and other types of expressive merchandise; political and social messages; words, names, and symbols important to religious or indigenous communities; popular colors and shapes; and culturally significant creative works claimed as trademarks. The introduction also discusses the proposed free speech framework for trademark law. Government decision-makers should (1) identify the purpose of this specific trademark law and determine whether it is sufficiently important; (2) evaluate whether that particular trademark law directly and materially furthers its purpose; and (3) determine whether this trademark law endangers free speech, and ensure that it suppresses or chills protected expression no more than necessary in pursuit of that important purpose. The introduction concludes with an overview of trademark registration and enforcement laws that may potentially conflict with the free expression right.