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As international courts have risen in prominence, policymakers, practitioners and scholars observe variation in judicial deference. Sometimes international courts defer, whereby they accept a state's exercise of authority, and other times not. Differences can be seen in case outcomes, legal interpretation and reasoning, and remedial orders. How can we explain variation in deference? This book examines deference by international courts, offering a novel theoretical account. It argues that deference is explained by a court's strategic space, which is structured by formal independence, seen as a dimension of institutional design, and state preferences. An empirical analysis built on original data of the East African Court of Justice, Caribbean Court of Justice, and African Court of Human and Peoples' Rights demonstrates that robust safeguards to independence and politically fragmented memberships lend legitimacy to courts and make collective state resistance infeasible, combining to minimize deference. Persuasive argumentation and public legitimation also enable nondeference.
This book offers a rich analysis of many aspects of human rights law in the UK and the European legal framework while also including critiques of human rights and the varying conceptions of rights. This book has the advantage of engaging with both Strasbourg caselaw, domestic jurisprudence and the academic scholarship. The issues covered include the right to life, the prohibition of torture, inhuman and degrading treatment, abortion and assisted dying, modern slavery and human trafficking, terrorism, immigration, privacy, hate speech, protest, religion, equality and non-discrimination.
States of Transition takes a deep dive into the multiple roles states are playing in supporting transitions to a more sustainable world and where there is scope for their transformation. Going beyond unhelpful binaries - which cast the state as the central problem or the all-encompassing solution to ecological and social crises - it explores diverse current state practice across key domains: military, democracy, welfare, entrepreneurial, industrial, and foreign policy. It builds on theoretical resources from a range of disciplines, as befits the challenge of making sense of these diverse aspects of state power. It moves beyond existing analysis of the 'environmental state' to explore scope for a 'transition state' to emerge, capable of corralling and transforming all aspects of state power behind the goal of responding to the existential threat of planetary collapse. The book will be invaluable to students, academics, and practitioners concerned with environmental policy and sustainability.
Ling Li unveils the often-hidden inner workings of China's Party-state. The Chinese Communist Party has crafted and relied on an integrated regulatory system, where politics and law are fused, to govern both its internal operations and its relations with the state. Drawing on two decades of in-depth research, Li delves into the 'black box' of decision-making in the Party-state, analyzing the motivations and strategies that drive individual and institutional choices in corruption, anti-corruption investigations, and power struggles at the Politburo. This insightful book reveals the critical role of rules and institution-building within the Party, illuminates the complex relationship between corruption and regime stability, and captures the evolving dynamics of Party-state relations. A must-read for students, academics, business leaders, and policymakers alike, this book is an indispensable guide for anyone seeking a deeper understanding of law, politics, and governance in China and its global implications.
In contrast to the drastic shifts in China's political landscape and society since 2012, taxation may appear as a comparatively mundane topic receiving limited attention. However, the relative stability in China's taxation system underscores its delicate role in maintaining a balance in state–society relations. The Element embarks on an exploration of China's intricate taxation system in the contemporary era, illuminating its origins and the profound reverberations on state–society relations. It shows that China's reliance on indirect taxation stems from the legacies of transitioning from a planned economy to a market-driven one as well as elaborate fiscal bargaining between the central and local governments. This strategy inadvertently heightens Chinese citizens' sensitivity to direct taxation and engenders the tragedy of the commons, leading to rising government debts and collusion by local governments and businesses that results in land expropriation, labor disputes, and environmental degradation.
This Element explores the gendered dimensions of the ways language used to describe, define, and diagnose pregnancy loss impacts experiences of receiving and delivering healthcare in a UK context. It situates experiences of pregnancy loss language against the backdrop of gender role expectations, ideological tensions around reproductive choice, and medical misogyny; asking how language both reflects and influences contemporary gender norms and understandings of maternal responsibility. To do this, the Element analyses 10 focus group transcripts from metalinguistic discussions with 42 lived experience and healthcare professional participants, and 202 written metalinguistic contributions from the same cohorts. It demonstrates the gendered social and symbolic meanings of diagnostic terminology such as miscarriage, incompetent cervix, and termination or abortion in the context of a wanted pregnancy, as well as clinical discourses, on the experience of pregnancy loss and subsequent recovery and wellbeing. This title is also available as Open Access on Cambridge Core.
Fashion is a multi-billion-dollar global business, which is not surprising because of our basic need to wear clothes and shoes. The fashion system thrives on ephemerality, novelty, seduction and hedonism. There are countless books on intellectual property law, numerous books on fashion theory, and a few books on fashion law, but hardly any on fashion and intellectual property. This book assembles a constellation of some of the best-known intellectual property scholars around the world to present their analysis of how different aspects of intellectual property laws interact with and regulate the fashion industry. It presents a meticulously curated collection of how intellectual property laws interact with contemporary fashion and culture studies in protecting fashion creations that range from clothing and footwear to textiles. It covers key features of intellectual property rights regimes in the United States, United Kingdom, Europe, Australia, and Asia that include copyright, trademarks, patents and geographical indications. This title is also available as open access on Cambridge Core.
Diffusion decision models are widely used to characterize the cognitive and neural processes involved in making rapid decisions about objects and events in the environment. These decisions, which are made hundreds of times a day without prolonged deliberation, include recognition of people and things as well as real-time decisions made while walking or driving. Diffusion models assume that the processes involved in making such decisions are noisy and variable and that noisy evidence is accumulated until there is enough for a decision. This volume provides the first comprehensive treatment of the theory, mathematical foundations, numerical methods, and empirical applications of diffusion process models in psychology and neuroscience. In addition to the standard Wiener diffusion model, readers will find a detailed, unified treatment of the cognitive theory and the neural foundations of a variety of dynamic diffusion process models of two-choice, multiple choice, and continuous outcome decisions.
Half a century ago, Noam Chomsky posited that humans have specific innate mental abilities to learn and use language, distinct from other animals. This book, a follow-up to the author's previous textbook, A Mind for Language, continues to critically examine the development of this central aspect of linguistics: the innateness debate. It expands upon key themes in the debate - discussing arguments that come from other disciplines, such as psychology, anthropology, sociology, criminology, computer science, formal languages theory, neuroscience, genetics, animal communication, and evolutionary biology. The innateness claim also leads us to ask how human language evolved as a characteristic trait of Homo Sapiens. Written in an accessible way, assuming no prior knowledge of linguistics, the book guides the reader through technical concepts, and employs concrete examples throughout. It is accompanied by a range of online resources, including further material, a glossary, discussion points, questions for reflection, and project suggestions.
When people wonder about the appropriate course of action in a given situation, they are already engaging in moral reasoning. This also applies to the field of business, where an understanding of ethics could help businesspeople and market participants make morally informed decisions. This book aims to enlarge the body of ethical theories available in Business Ethics by illustrating three moral principles relevant to economic agents based on the ideas of Immanuel Kant, Antonio Genovesi, and Adam Smith. All three authors were prominent figures in the eighteenth-century European Enlightenment movement and have much to teach us about the origins of modern economics. Additionally, the book provides specific examples relating to contemporary business situations, focusing on the ethical challenges posed by incomplete contracts. Overall, this book demonstrates that the historical evolution of economic and philosophical concepts remains pertinent to current dialogues in Business Ethics.
How can you take your writing to the next level? In this follow-up to their acclaimed handbook The Book You Need to Read to Write the Book You Want to Write, Sarah Burton and Jem Poster offer exercises and practical advice designed to set aspiring authors of fiction on their way to creating compelling short stories and novels. Carefully explaining the purpose and value of each exercise and encouraging writers to reflect on what they have learned in tackling each task, this themed collection of writing prompts provides both encouragement and inspiration. There are many books of prompts already available, but this one is different. Its structured, in-depth approach significantly increases the impact of the exercises, ensuring that storytellers use their time and talent to best effect – not only exploring their own creativity but also developing a wider and clearer understanding of the writer's craft.
In one of the first energy histories of Southeast Asia, Thuy Linh Nguyen explores the environmental, economic, and social history of large-scale coal mining in French colonial Vietnam. Focusing on the Quảng Yên coal basin in northern Vietnam, known for the world's largest anthracite coal mines, this deeply researched study demonstrates how mining came to dominate the landscape, restructuring the region's environment and upending local communities. Nguyen pays particular attention to the role of various non-state local actors, often underrepresented in grand narratives of modern Vietnam, including Vietnamese and Chinese migrant mine workers, timber traders, loggers, and local ethnic minorities. Breaking away from the metropole-colony paradigm, Nguyen offers a new lens through which to explore the dynamics of colonial rule and the importance of inter-Asian networks, arguing that the colonial energy regime must be understood as a complex, multilayered interaction between empire, capital, labor, water, sea, land, and timber forests.
The intersection of statistical mechanics and mathematical analysis has proved a fertile ground for mathematical physics and probability, and in the decades since lattice gases were first proposed as a model for describing physical systems at the atomic level, our understanding of them has grown tremendously. A book that provides a comprehensive account of the methods used in the study of phase transitions for Ising models and classical and quantum Heisenberg models has been long overdue. This book, written by one of the masters of the subject, is just that. Topics covered include correlation inequalities, Lee-Yang theorems, the Peierls method, the Hohenberg-Mermin-Wagner method, infrared bounds, random cluster methods, random current methods and BKT transition. The final section outlines major open problems to inspire future work. This is a must-have reference for researchers in mathematical physics and probability and serves as an entry point, albeit advanced, for students entering this active area.
This book presents an expansive collection of case studies focused on Critical Race Theory (CRT), offering insights into understanding racial oppression and its societal impacts. Featuring contributions from expert practitioner–scholars, chapters introduce core tenets of CRT and explore how CRT can be applied across a range of different contexts, providing practical examples of how CRT can be implemented into the curriculum. By dividing its case studies at the micro, mezzo, and macro level, the text demonstrates how CRT is relevant for different levels of social work practice and contributes to ongoing movements to apply an anti-oppressive approach into all areas of social work. The first book of its kind, this is an essential resource for anyone seeking to develop their knowledge and explore how CRT can be used to enhance social work practice across a range of different settings.
This book offers a compelling new approach to African literatures as formed by and itself a form of collective memory. It explores the historical spaces and maps that African literature brings to the surface and re-imagines in novel ways. The stories that matter about what happened in the past together constitute a collective memory that African writers and readers draw upon to locate themselves within the world. The book examines the mental maps that define the imaginative fields in which African literary texts have meaning. They provide answers to the questions that producers of texts must respond to: where stories are set, who writers write for, why writers write and how texts engage in meaning-making. It grapples with how writers imagine themselves contributing to a literary historiography and how readers get to understand the context within which texts are produced.
Written by leaders in the field, this text showcases some of the remarkable properties of the finite Toda lattice and applies this theory to establish universality for the associated Toda eigenvalue algorithm for random Hermitian matrices. The authors expand on a 2019 course at the Courant Institute to provide a comprehensive introduction to the area, including previously unpublished results. They begin with a brief overview of Hamiltonian mechanics and symplectic manifolds, then derive the action-angle variables for the Toda lattice on symmetric matrices. This text is one of the first to feature a new perspective on the Toda lattice that does not use the Hamiltonian structure to analyze its dynamics. Finally, portions of the above theory are combined with random matrix theory to establish universality for the runtime of the associated Toda algorithm for eigenvalue computation.
Carolinian Crucible tells the story of South Carolina – particularly its upcountry region – at war. A state notorious for its political radicalism before the Civil War, this book avoids caricaturing the Palmetto State's inhabitants as unflinching Confederate zealots, and instead provides a more fine-grained appraisal of their relationship with the new nation that their state's political elite played a leading role in birthing. It does so by considering the outlook and actions of both civilians and soldiers, with special attention given to those who were lower-class 'common whites.' In this richly detailed account, Patrick J. Doyle reveals how a region that was insulated from Federal invasion was not insulated from the disruptions of war; how social class profoundly shaped the worldview of ordinary folk, yet did not lead to a rejection of the slaveholders' republic; and how people in the Civil War South forged meaningful bonds with the Confederate nation, but buckled at times under the demands of diehard nationalism.
Over a century after his death, Debussy remains prominent in concert programmes and international scholarly research. This collection showcases the latest developments in the field. It reflects new preoccupations in aesthetics, using an array of archival sources to piece together Debussy's literary tastes and influences, and drawing on philosophy and contemporaneous ideas about perception and cognition to explore the perceived links between Debussy's music, emotion and nature. The volume is notable for its embrace of the composer's earliest and latest works, which are often seen as unrepresentative of the 'real' Debussy. Its fresh approaches to analysis give new focus, in particular, to rhythm, metre, and the dance. It also reflects the current musicological preoccupation with performance and recording. Debussy Studies 2 ends with an assessment of the ways in which the scholarly debates immediately after his death have continued to influence our understanding one hundred years on.
In today's societies, political and economic issues are closely intertwined, and political philosophy has turned more and more to economic issues. This Element introduces some key questions of economic philosophy: How to think about the relation between political and economic power? Can markets be 'tamed'? Which values are embedded in the economy and how do those relate to political values? It answers these questions by considering arguments from three theoretical perspectives – liberal egalitarian approaches, neorepublicanism, and critical theory or socialist thought – explaining their different background assumptions but also shared grounds. To illustrate these topics, it zooms in on the future of work: How could work be made more just, democratic, and sustainable? In the conclusion, some implications for research strategies in economic philosophy are explored.
For Plato, tragedy and comedy are meaningful generic forms with proto-philosophical content concerning the moral character of their protagonists. He operates with a distinction between actual drama, the comedy and tragedy of the fourth and fifth centuries BCE, and ideal drama, the norm for what comedy and tragedy ought to be like. In this book Franco Trivigno reconstructs, on Plato's behalf, an original philosophical account of tragedy and comedy and illustrates the interpretive value of reading Plato's dialogues from this perspective. He offers detailed analyses of individual dialogues as instances of ideal comedy and tragedy, with attention to their structure and philosophical content; he also reconstructs Plato's ideals of comedy and tragedy by formulating definitions of each genre, specifying their norms, and showing how the two genres are related to each other. His book will be valuable for a range of readers interested in Plato and in Greek drama.