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1
Natali, Carlo, and Daniela Poli, eds. Città e territori da vivere oggi e domani. Florence: Firenze University Press, 2007. http://dx.doi.org/10.36253/978-88-8453-670-9.
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Town planning entails the complex task of studying the habitat in its variegated aspects, with the objective of introducing functional transformations in response to the demands of the community. Since it is an experimental discipline, however, methods of approach and elaboration can be very different. This book represents the synthesis of the degree theses produced in the Department of Town and Territorial Planning of the University of Florence between 2000 and 2004, selected with a view to achieving a significant overview of the various issues and disciplinary areas. The volume thus addresses topical questions such as the protection of the historic identity, the rethinking of the modern city, obsolete areas and urban gaps, relational processes and spaces, sustainable development and planning, and the settlements of developing countries.
2
Hadda, Lamia, ed. Médina. Florence: Firenze University Press, 2021. http://dx.doi.org/10.36253/978-88-5518-248-5.
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Dedicated to the medina in the Mediterranean space, this book is essentially based on detailed historical and photographic research into the characteristics of city design and its evolution, as well as some case studies from direct experience. The main objective of the present study consists of its documentary and evocative value, without forgetting the analysis of the multiple architectural spaces with monumental complexes of extraordinary cultural importance arranged according to precise hierarchies and specific uses. The research summarises the different experiences from this immense Arab-Muslim architectural heritage and its urban evolution. These aspects are expressed both by the large number of case studies (from Cordoba to Palermo, passing through Fez, Séfrou, Marrakech and Tunis) as well as by the quality of the built spaces as a whole. The several contributions show an urban framework that is still legible and significant, consisting of grids of houses with forms, structures and functions that show a concentration of spaces, places and monuments stratified over time and developed in the Mediterranean countries, producing extremely diverse situations.
3
Richardson, Henry. Articulating the Moral Community. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190247744.001.0001.
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As this highly original work explains, morality is not fixed objectively, independently of all human judgment, nor is it something that we “invent.” Rather, working within zones of objective indeterminacy, the moral community—the community of all persons—has the authority to introduce new moral norms. These further specify the preexisting moral norms, making an objective difference to individuals’ moral rights and duties. The moral community, so-called, could not exercise authority unless it had some structure whereby it could act. Unlike political communities, which are centralized, noninclusive, and backed by coercion, the moral community is decentralized and inclusive. Its structure depends upon dyadic duties—ones that one individual owes to another. Such duties, the book argues, empower efforts by individuals to work out intelligently with one another how to respond to morally important concerns. The innovative moral input that these efforts can provide is initially authoritative only over the parties involved. Yet when such innovations gain sufficient uptake and have been reflectively accepted by the moral community, they become new moral norms. This account of the moral community’s moral authority is motivated by, and supports, a type of normative ethical theory, constructive ethical pragmatism (CEP), which rejects the consequentialist claim that rightness is to be defined as a function of goodness and the deontological claim that principles of right are fixed independently of the good. Rather, it holds instead that what we ought to do is fixed by our continuing efforts to specify the right and the good in light of each other.
4
Irmgard, Marboe. 2 The Function of Compensation and Damages. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198749936.003.0002.
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This chapter analyses the function of compensation and damages in international investment disputes. It shows that compensation upon expropriation serves a different function than damages after an unlawful act, be it breach of a treaty, such as a BIT, or a contract. While the former aims at the restitution of the ‘value’ of the expropriated property, the latter aims at providing “reparation” for the damage caused by the unlawful act. It follows that expropriation compensation should be equivalent to the ‘objective’ value of the expropriated asset while an amount of damages may also include subjective valuation approaches.
5
Duggan, John. Candidate Objectives and Electoral Equilibrium. Edited by Donald A. Wittman and Barry R. Weingast. Oxford University Press, 2009. http://dx.doi.org/10.1093/oxfordhb/9780199548477.003.0004.
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This article looks at the known foundational results on spatial models of elections. The issues of equilibrium existence, the characterization of equilibria (in terms of their social welfare properties), and the distance between equilibrium policy and positions of the candidates are examined. It then discusses the results of the case where candidates are able to give precise predictions of voters' behaviour precisely; the article also introduces the ‘Downsian model’. The article looks at two models of probabilistic voting, before finally moving on to consider the most common objective functions that are used to model the electoral incentives of different types of candidates.
6
Ž. Jovanović, Vladimir. FUNCTIONAL ENGLISH. Filozofski fakultet Niš, 2021. http://dx.doi.org/10.46630/fen.2021.
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The book Functional English can be viewed as an introductory reading in the domain of functional language, or language used in order to perform certain communicative purposes. Functional language is a concept normally connected with foreign language learners of lower levels and with problems in achieving the designated standards in terms of the four basic language skills. The book is meant to provide a description of the subject matter of Functional English by establishing the basics, as well as the main features and elements of this linguistic domain. The overall objective of the book is to help with the understanding of existing language features sometimes taken for granted, and which may cause communication difficulties. Simultaneously, its ambition is to enable all the interested parties to reaffirm the foundations and build on the existing language repository, in an attempt to achieve a higher level of competence in English used to perform different communicative functions. The term practical language skills within Functional English entails the ability to formulate or articulate one’s communicative message, as well as the ability to interpret correctly or relay clearly to other parties any verbal material relevant to the process of communication. Moreover, being competent in Functional English means being able to select the adequate communication channel or method, where the key factors are the linguistic devices employed, the correlation between the language used and the intended goal, as well as the context of situation and its relation to the audience or the participants in the verbal interaction.
7
Bruce-Clark, Peter, and Ashby H. B. Monk. Sovereign Development Funds. Edited by Douglas Cumming, Geoffrey Wood, Igor Filatotchev, and Juliane Reinecke. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780198754800.013.30.
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In a slowing global economy with diminished confidence in the long-term prospects of public financial markets, many institutional investors are looking for innovative, and often private, investment strategies to meet expected return targets. One source of potential inspiration has, perhaps surprisingly, come from the community of sovereign development funds. SDFs are strategic, government-sponsored investment organizations with dual objective functions: to deliver high financial performance, while fostering development. Despite expectations that this dual function inevitably leads to financial underperformance, certain SDFs have actually delivered consistently high investment returns, especially in private markets. As such, SDF strategies are increasingly being used as models for investment strategies among non-developmental investment organizations. This chapter explores the rise of SDFs, explains the differences between SDFs and SWFs, and substantiates variations in their models of governance and management. In doing so, its goal is to situate SDFs in the changing world of global financial markets and public policy.
8
Sullivan, Mark D. Health as the Capacity for Action. Oxford University Press, 2016. http://dx.doi.org/10.1093/med/9780195386585.003.0006.
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Objective definitions of health and disease are favored because they promise a value-free measure of health problems and health care needs. But objective health does not simply cause the subjective experience of health. Self-rated health predicts mortality, disability, and hospitalizations for up to a decade after controlling for objective measures of health. Objective tissue abnormalities cannot be discovered to be pathological without reference to the experiences of patients acting in their natural environment. Patients adapt to chronic illness and its functional deficits over time with real improvements in their quality of life. Problems like pain and depression do not distort quality of life assessments, but are at their core. Since neither objective nor subjective models of health are valid, we must derive a different model: health as capacity for action. Any adequate approach to health must foster the patient’s sense of agency, her capacity to achieve her vital goals.
9
Ferdinand, Peter. 9. Votes, Elections, Legislatures, and Legislators. Oxford University Press, 2017. http://dx.doi.org/10.1093/hepl/9780198704386.003.0010.
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This chapter examines some of the central issues associated with voting and electoral systems, along with the functions of legislatures. It begins by discussing the two paradoxes of voting. First, the huge number of citizens in any modern state means that no individual's vote is likely to make the difference between two or more choices, making it potentially ‘irrational’ for any individual to bother to vote at all. Yet votes make democracy possible. The second voting paradox concerns the difficulty of relying upon votes to determine the objective preferences of the public. The chapter proceeds by considering measures that aim to establish quotas to increase gender equality in legislative recruitment. It also describes different types of legislatures and the internal structure of legislatures. Finally, it analyses trends in the backgrounds of legislators in various countries, specifically focusing upon the criticism that they constitute a ‘political class’.
10
Nikoletta, Kleftouri. 10 The US Paradigm: Deposit Insurer as Resolution Authority. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198743057.003.0010.
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Banking crises prompted the United States to make lending of last resort, deposit insurance, and bank resolution federal responsibilities long before banks crossed state lines in large numbers. The US system offers an existing and successful model, whereby the deposit insurance and resolution functions are combined under a single institution, the Federal Deposit Insurance Corporation. The key objective underpinning the FDIC’s choice among different resolution options is that the chosen resolution is that which would result in the least cost to the deposit insurance fund. This chapter sets out the role of the FDIC as the deposit insurer, supervisor, and resolution authority, while also examining some key principles of the US approach to dealing with failing banks.
11
Cañas Serrano, Juan José, Juan Camilo Carvajal-Builes, Elías Devia Vega, José Raúl Jiménez-Molina, Ever José López Cantero, Carlos Alfonso Murillo, Carlos José Quintero-Cárdenas, Luis Alberto Quiroga-Baquero, and Luis Orlando Jiménez Ardila. Subcampos de aplicación de la psicología jurídica. Edited by Luis Orlando Jiménez Ardila. Editorial Universidad Católica de Colombia, 2020. http://dx.doi.org/10.14718/9789585133518.2020.
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This book presents the definition of legal psychology as an area of specialization within general psychology and some of the applied fields that constitute the work of the professional who is concentrating on this area of expertise. Its objective is to present, indirectly, a different approach to the forensic one, which seeks to clarify, both to the expert and to the layman, that judicial court is not the only scene in which legal psychologists can work. The chapters correspond to academic products that illustrate the lines of research that have been developing in parallel with the exercise of the law and the function of justice management, related to intervention or approaching victims, criminals, witnesses and people in judicial conciliation processes, as well as intervention with children and adolescents in vulnerable social and family conditions to contribute to the restoration of their rights.
12
Okeke, Edward Chukwuemeke. Nature of International Organizations and Purpose of Their Immunity. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190611231.003.0006.
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This chapter addresses the nature of international organizations and the purpose of their immunity. International organizations are created by their constituent member States to discharge vital functions and responsibilities on their behalf, and in some cases on behalf of the world community as a whole. They are established to offer cooperative and concerted approaches to common challenges and some problems that have the best chance of being solved through multilateral actions. Although States remain the primary actors in international relations, international organizations have joined the arena to provide the platform that enables different States to work together. International cooperation by States has become a necessity. To achieve their objectives, international organizations are granted certain privileges and immunities by their member States: in particular, jurisdictional immunity, which protects them from legal process. It is well settled that international organizations require those immunities that are necessary for them to fulfill their functions.
13
Seelarbokus, Chenaz B. International Environmental Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/acrefore/9780190846626.013.229.
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Over the course of the twenty-first century, international environmental cooperation has been spurred through various new international environmental institutions and programs, and a dramatic strengthening of international environmental law-making. With the burst of environmental treaty-making the corpus of international environmental law (IEL) has expanded to include significant international environmental agreements (IEAs) in the sphere of climate change, ozone layer depletion, biodiversity, and so on; as well as the recognition of important principles such as good neighborliness and the common heritage. IEAs function similarly to international treaties—indeed, the only difference between an IEA and other international treaties lies in the subject matter. IEAs function as the instrument for laying down the principles of international laws binding upon states was established by the 1815 Congress of Vienna. Over the years, IEAs have not simply increased in number, but have also undergone an evolution in their structural design. In the early 1930s, IEAs tended to be simple in terms of their requirements, vague in terms of their objectives, and utilitarian in their ethos for protecting the environment. With time, however, as environmental sciences evolved to incorporate new principles and concepts, the structure of IEAs has followed in tandem to incorporate the new understandings and the new concerns.
14
Egreteau, Pierre-Yves, and Jean-Michel Boles. Assessing nutritional status in the ICU. Oxford University Press, 2016. http://dx.doi.org/10.1093/med/9780199600830.003.0204.
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Decreased nutrient intake, increased body requirements, and/or altered nutrient utilization are frequently combined in critically-ill patients. The initial nutritional status and the extent of the disease-related catabolism are the main risk factors for nutrition- related complications. Many complications are related to protein energy malnutrition, which is frequent in the ICU setting. Assessing nutritional status pursues several different goals. Nutritional assessment is required for patients presenting with clinical evidence of malnutrition, with chronic diseases, with acute conditions accompanied by a high catabolic rate, and elderly patients. Recording the patient’s history, nutrient intake, and physical examination, and subjective global assessment allows classification of nutritional status. All the traditional markers of malnutrition, anthropometric measurements and plasma proteins, lose their specificity in the sick adult as each may be affected by a number of non-nutritional factors. Muscle function evaluated by hand-grip strength in cooperative patients and serum albumin provide an objective risk assessment. Several nutritional indices have been validated in specific groups of patients to identify patients at risk of nutritionally-mediated complications and, therefore, the need for nutritional support. A strong suspicion remains the best way of uncovering potentially harmful nutritional deficiencies.
15
Huda, Ahmed Samei. The Medical Model in Mental Health. Oxford University Press, 2019. http://dx.doi.org/10.1093/med/9780198807254.001.0001.
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The medical model is a biopsychosocial model assessing a patient’s problems and matching them to the diagnostic construct using pattern recognition of clinical features. Diagnostic constructs allow for researching, communicating, teaching, and learning useful clinical information to influence clinical decision-making. They also have social and administrative functions such as access to benefits. They may also help explain why problems occur. Diagnostic constructs are used to describe diseases/syndromes and also other types of conditions such as spectrums of conditions. Treatments in medicine and psychiatry have several treatment objectives including cure or reducing distress and a variety of mechanisms of action apart from reversing disease/cure. Causation of conditions in medicine and psychiatry are often complex. The medical model allows doctors to assess and offer effective treatments to large numbers of patients and provide emergency cover. Diagnostic constructs in psychiatry and general medicine overlap for attributes such as clinical utility (e.g. predicting likely outcomes) and validity (e.g. lack of boundaries between different diagnostic constructs) and importance of social factors. There is an overlap in effectiveness between psychiatric and general medicine treatments and many general medicine medications do not reverse disease processes. Different mental health classifications have particular strengths and weaknesses for clinical, research, and social functions. Mental health research into understanding causes and mechanisms may need other classifications than diagnosis. As doctors in all specialties encounter mental health problems, there will always be psychiatric diagnostic constructs compatible with their training. Mental health research and service provision will always need to address psychosocial issues.
16
Eidenmüller, Horst. Comparative Corporate Insolvency Law. Edited by Jeffrey N. Gordon and Wolf-Georg Ringe. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780198743682.013.42.
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This chapter deals with fundamental issues of corporate insolvency (bankruptcy) law. Particular attention is paid to the agency problems related to “insolvency (bankruptcy) governance” of corporations and how these problems are addressed in various jurisdictions. Methodologically, the chapter is based on a functional approach that compares different legal regimes against the yardstick of economic efficiency. The structure of the chapter follows the issues as they arise in time in a corporate insolvency proceeding: objectives of insolvency laws, opening and governance of proceedings, ranking of claims and the position of secured creditors and shareholders, and rescue proceedings. The chapter also covers the contractual resolution of financial distress. It concludes with thoughts on the reasons for the identified jurisdictional divergences and an outlook on the worldwide efforts toward harmonization of (corporate) insolvency laws. In terms of jurisdictions, the chapter mainly draws on the corporate insolvency laws in the US, England, France, and Germany.
17
Breuning, Marijke. Pedagogy and Foreign Policy Analysis. Oxford University Press, 2017. http://dx.doi.org/10.1093/acrefore/9780190846626.013.275.
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Pedagogical objectives and educational outcomes play a significant role in foreign policy analysis. The actor-centered approach of foreign policy analysis gives students the unique opportunity to place themselves in the shoes of decision makers and to understand the different constraints, both domestic and international, that influence the policies adopted by decision makers. In other words, foreign policy analysis can have two functions: to teach students about the processes by which foreign policy is made, or the substance of the foreign policies of various countries, and to enhance students’ ability to imagine the perspectives of others. Whether foreign policy analysis does, in fact, manage to develop this ability is an empirical question that also depends on the course emphasis and pedagogies employed. In this sense, pedagogy does not only mean excellent teaching, but also systematic investigation of teaching methods and techniques, student learning outcomes, educational assessment, and curriculum development. The literature on foreign policy analysis, pedagogy, and curriculum emphasizes active learning strategies and the need for clearly articulated learning objectives for the curriculum as a whole and the place of specific courses within it. Examples of active learning pedagogies are case teaching, simulations, and problem-based learning. Despite some very worthwhile research that has been done, there are still some gaps that need to be addressed. One is the lack of empirical work that helps evaluate the merits of the various teaching strategies in foreign policy analysis, and another is the inconsistent findings produced by the empirical studies that do exist.
18
Cameli, Matteo, Partho Sengupta, and Thor Edvardsen. Deformation echocardiography. Oxford University Press, 2016. http://dx.doi.org/10.1093/med/9780198726012.003.0004.
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Echocardiographic strain imaging, also known as deformation imaging, has been developed as a means to objectively quantify regional and global myocardial function. First introduced as a post-processing feature of tissue Doppler imaging velocity converted to strain and strain rate, strain imaging has more recently also been derived from speckle tracking analysis. Tissue Doppler imaging yields velocity information from which strain and strain rate are mathematically derived whereas two-dimensional speckle tracking yields strain information from which strain rate and velocity data are derived. Data obtained from these two different techniques may not be equivalent due to limitations inherent with each technique. Speckle tracking analysis can generate longitudinal, circumferential, and radial strain measurements and left ventricular twist. Although potentially useful, these measurements are also complicated and frequently displayed as difficult-to-interpret waveforms. Strain imaging is now considered a robust research tool and has great potential to play many roles in routine clinical practice. This chapter explains the fundamental concepts of deformation imaging, the technical features of strain imaging using tissue Doppler imaging and speckle tracking, and the strengths and weaknesses of these methods.
19
Siklos, Pierre L. Central Banks into the Breach. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190228835.001.0001.
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The book covers the global economy and the various pressures faced by central banks. It also provides some ideas for reforming existing monetary policy strategies. The events of the past fifteen years in monetary policy are essentially the story of two mistakes, one triumph, and the real possibility of another mistake to come. Prior to the global financial crisis, many central bankers were glib about the connection between finance and the real economy. This is partly because the last three decades saw many financial crises with apparently little lasting impact on the global economy. Another mistake was the failure to adequately appreciate how interconnected the world’s financial systems had become. The triumph was the recognition that price stability is a desirable objective. Whether low and stable inflation is the cause or the consequence of economic performance during the past three decades remains hotly debated, however. There is also the prospect of another financial shock to come. The outlook at the end of 2016 is clouded by at least three sets of forces. On the domestic front, central banks face a difficult and protracted exit from ultra-loose monetary policies; it is largely a problem of their own making. There is also an unwillingness to implement needed structural economic reforms that lie outside the scope of monetary policy. On the international front, there is limited appetite for cooperation and differences in views about the proper role and function of central banks. Central banking is not broken, but it is in need of repair.
20
Simon, Morris. Financial Services Regulation in Practice. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780199688753.001.0001.
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This textbook provides an overview of the current landscape of financial services regulation in the UK. Following the financial crisis, the UK regulatory scene has undergone significant changes. This book explains the different functions and responsibilities of the various UK regulatory bodies, most notably the Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA). The constitutions, objectives, and rules that govern the behaviour of these key UK regulatory authorities are examined. The fundamental concept of the ‘general prohibition’—which provides that no person may carry on a regulated activity in the UK unless authorised or exempt—is given a thorough treatment. The regulated activities covered by the general prohibition, and any exclusions (contained in the Regulated Activities Order (RAO)), are also considered. The standards required of firms and individuals are given comprehensive analysis: the FCA’s five main conduct of business sourcebooks are scrutinised, as is the increased regulator engagement with the regulation of individuals (specifically in relation to senior management and customer—facing staff). The key concept of passporting within the European Economic Area (EEA) is explained for firms based in the EEA and the UK. Both the prudential regulations imposed by UK regulators and the regulations on financial promotions are reviewed. The regulators’ role in relation to financial crime is analysed. The nature of the FCA and PRA’s powers of enforcement and supervision are discussed. Consideration is also given to the various ways in which consumers may obtain redress.
21
Kelanic, Rosemary A. Black Gold and Blackmail. Cornell University Press, 2020. http://dx.doi.org/10.7591/cornell/9781501748295.001.0001.
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This book seeks to explain why great powers adopt such different strategies to protect their oil access from politically motivated disruptions. In extreme cases, such as Imperial Japan in 1941, great powers fought wars to grab oil territory in anticipation of a potential embargo by the Allies; in other instances, such as Germany in the early Nazi period, states chose relatively subdued measures like, oil alliances or domestic policies, to conserve oil. What accounts for this variation? Fundamentally, it is puzzling that great powers fear oil coercion at all because the global market makes oil sanctions very difficult to enforce. This book argues that two variables determine what strategy a great power will adopt: the petroleum deficit, which measures how much oil the state produces domestically compared to what it needs for its strategic objectives; and disruptibility, which estimates the susceptibility of a state's oil imports to military interdiction—that is, blockade. Because global markets undercut the effectiveness of oil sanctions, blockade is in practice the only true threat to great power oil access. That, combined with the devastating consequences of oil deprivation to a state's military power, explains why states fear oil coercion deeply despite the adaptive functions of the market. Together, these two variables predict a state's coercive vulnerability, which determines how willing the state will be to accept the costs and risks attendant on various potential strategies. Only those great powers with large deficits and highly disruptible imports will adopt the most extreme strategy: direct control of oil through territorial conquest.
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Mokal, Riz, Ronald Davis, Alberto Mazzoni, Irit Mevorach, Madam Justice Barbara Romaine, Janis Sarra, Ignacio Tirado, and Stephan Madaus. Micro, Small, and Medium Enterprise Insolvency. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198799931.001.0001.
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This volume examines the current resolution process for distressed micro, small, and medium enterprises (MSMEs), and proposes a different, more appropriate, ‘modular’ approach to the treatment of such entities when faced with insolvency proceedings. MSMEs play a vital role in virtually all global economies. They are a primary means of employment and the vehicle by which entrepreneurs bring new business propositions to the market and deliver a range of products and services to local economies. MSMEs tend to be more reliant than larger businesses on favourable legal and regulatory climates in order to survive and thrive. Yet in assuming an extensive insolvency estate of significant worth, the presence of creditors and other concerned stakeholders to participate in and oversee the process, and the extensive involvement of courts and insolvency and legal professionals, insolvency regimes are often more tailored to the circumstances of larger businesses. These assumptions and features generally sit incongruously with the reality of MSMEs, whose estates characteristically have modest value and many of whose stakeholders tend to be disinterested in the MSME’s insolvency process. The Modular Approach developed in this text addresses the imbalances, inconsistencies, and lack of supervision which are often apparent in the treatment of insolvent MSMEs. The volume provides an overview of existing approaches to MSME insolvency, the place of MSMEs in the global economy, and the particular needs of MSMEs in financial distress. It then sets out the procedural framework, policy objectives, and key components of the Modular Approach, detailing how a choice of modules enables national policymakers a more flexible process for resolution. The volume outlines the roles, positions, and obligations of key stakeholder groups, and explains the managerial, administrative, and judicial functions of this approach. Finally, it explains how elements of the broader legal system should be aligned with, and supportive of, the optimal functioning of the Modular Approach.